Untitled Texas Attorney General Opinion ( 1965 )

E GENERAL. Mr.Rlchard L. Coffman Opinion No. C- 372 Administrator Texas Employment Commission Re: Whether the Texas Employ- Austin, Texas ment Commission can law- fully contract with the Director of the Office of Economic Opportunityto test, screen, counsel, and refer applicantsfor the Job Corps which was created by the Economic Opportunity Act of 1964, Public Law 88- Dear Sir: 452 We have received your request for opinion in regard to the above captionedmatter, and because of the complex nature of the questions presented and the opinion herein expressed we quote your request in Its entirety: 'The Texas Employment Commissionhas directed that I request the opinion of your office con- cerning whether the Commissioncould lawfully contract with the Mrector of the Office of Economic Opportunityto test, screen, counsel, and refer applicantsfor the Job Corps which was created by the Economic OpportunityAct of 1964, Public Law 88-452. "Enrollmentin the Job Corps is limited to youths sixteen through Twenty-one years of age. Urban Job Corps centers will teach the enrollees voca- tional skills, while rural centers will engage in wildlife projects, timber conservation,and other projects aimed at improving the 'public natural resources' of the Nation. Members of the Job Corps will receive quarters, subsistence,travel, and living allowances, clothing,health services and, upon terminationof enrollment,a 'readjustment allowanceDof up to $50.00 for each month of satls- factory participation. Additional allowancesmay be paid the families of enrollees. -1767- Mr. Richard L. Coffman, page 2 (C- 372) "While . the.Commission ._ . has been requested to enter lnto negotlatlonswlth the Office of Economic Op- portunity, looking toward use of the Commission as a testing, screening, counseling,and referral agency for the Job Corps, for which services the Office of Economic Opportunitywould pay the Com- mission an agreed amount, it appears the Secretary of Labor may raise some question concerningwhether offices, equipment,and personnel who receive pay- ment out of administrativefunds granted under the provisions of Section 303a of the Social Security Act may be used in that manner. In other words, the United States Department of Labor may not agree with the proposal of the Office of Economic Oppor- tunity to use the facilities and services of the Texas Employment CommissionIn this manner. "Since this question has not arisen previously, the Commissionhas no departmentalconstructionIn this regard. We would point out, however, that as a part of its regular duties the Commissionhas for many years tested, screened, counseled,and re- ferred the unemployed. In the past, primary em- phasis has been placed on the Immediateplacement of the individual in employment. Recently more emphasis has been placed on the needs of those applicantswho need further education and vocational training in order to be qualified for suitable em- ployment. At the present time, the Commissionis handling referrals and payment of training allow- ances as an agent of the United States Department of Labor under the Manpower Developmentand Train- ing Act of 1962, as amended. (42 U.S.C, 2571-2620) “The Texas UnemploymentCompensationAct confers upon the Commission the general duty and authority to administer the Act. See Article 5221b-g(a) V.C.S. Section 12(a) of said Act (Art. zlb-10(a), V.C.S.) provides In part, that the Commission shall establish and maintain free public employ- ment offices. It might well be contended that the work which the Commission is being asked to under- take by the Office of Economic Opportunityis a proper function of a public employment service. "We are faced with the necessity of deciding whether to enter into a contract as mentioned above within a matter of days and would thereforeappreciate your urgent attention to this request." -1768- ., c Mr. Richard L. Coffman, Page 3 (C-372) As pointed out in your request the authority for ~the testing, screening, counselingand referring of the unem- ployed presently being conducted by the Texas Employment Commission Is found in Article 5221b-10, V.C.S., viz: "(a) 3exas State Rnployment Service, as provided for under Act of the Forty-fourth Legislature,Regular Session, Cha ter 236, page 552 (Article5221a-2, V.C.S.P is here- by transferredto the Commissionas a division thereof. The Commission,through such division, shall establish and maintain '.. free public employmentoffices in such number and in such places as may be necessary for the proper administrationof this Act, and for the purposes of performing such duties, as are within the purview of the Act of Congress entitled 'An act to ,provldefor the establishmentof a national employment system and for cooperationwith the States in the promotion of such system and for other purposes, U.S.C., T~t``'``:"~e~fben649i``a````~d.113' It shall be the duty of the Commission to cooperatewith any official or agency of the United States having powers or duties under the provisions of said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the Act of Congress, as amended In the promotion and maintenance of a system of public employment. . ." The wording of the above quoted statute limits the establishmentand maintenance of such free public employ- ment offices by the Texas Rnployment Commission to activl- ties "for the proper administrationof this Act." ie, Articles 5221b-1 to 522113-22,V.C.S., and "for the pur- poses of performing such duties as are within the purview" of said Title 29, U.S.C.A. 49 to 491, 48 Stat. 113, which Act of Congress sets up and governs the operation of the United States Bnployment Service. There being no expressed or implied authority for such activities containedwithin Articles 5221b-1 to 5221b-22, V.C.S., the question then evolves, "Does the testing, screening, counselingand referring of applicants for the Job Corps, come within the purview of the Act of Congress entitled "An Act to provide for the establishment -1769- Mr. Richard L. Coffman, Page 4 (C-372) of a national employment system and for cooperationwith the States in the promotion of such system and for other purposes; approved June 6, 1933 (48 Stat. 113; U.S.C. Tile 29, Sections 49 to.49 1, as amended.)" The Act of Congress In Article 5221b-10,V.C.S. above referred to, created the United States ESnployment Service, with appointmentand other power.ln the Secre- tary of Labor. One section of said Act, Title 29, U.S.C.A., Section &b, provides In part as follows: "(a) It shall be the province and dut of the bureau (United States Rnployment Service to promote and develop a national system of em- ployment offices for men, women and juniors who are legally qualified to engage In gainful occupations. . . and . . .,to assist in estab- lishing and malntalnlng systems of Public em- ployment offices In the several States and the political subdivisionsthereof in which there shall be located a veterans' employment~service. The bureau shall also assist in coordinatingthe public employment offices throughout;:thecountry and In Increasingtheir usefulness by developing and prescribingminimum standards of efficiency, assisting them in meeting problems peculiar to their localities',promoting uniformity in their administrativeand statisticalprocedure, furnlsh- ing informationas to opportunitiesfor employment and other Informationof value in the operation of the system, and maintain19 a ayatem for clear- ing labor between the States. Although the power of the Director of the Office of Econotic Opportunityto contract with other federal agencies Is better s elled out In regard to Work Training Programs :.ectlon 11f (c than the Job Corps, the Economic Opportunity 5 lit Law 88-452, Section '103,, f ct of 1964, Fu does provide in part: "The director of the Office (hereinafterreferred to as the 'Mrectorl) Is authorized to: "(a) Enter into agreementswith any Federal,State, or local agency or private organizationfor the establishmentand operation, in rural and urban areas, of conservationcamps and training centers and for the provision of such facilities and services as In his judgment are needed to carry out the purposes of this part,. . .'I . . . -1770- Mr. Richard L. Coffman, page 5 (C- 372) "(c) Prescribe such rules and regulationsand make such arrangementsas he deems necessary to provide for the selection of enrollees and to govern the conduct after enrollment,including appropriate regulationsas to the circumstancesunder which enrollmentmay be treated." It is the opinion of this office that the Texas Employ- ment Commission can contract with the Director of the Office of Economic Opportunityand the Secretary of Labor for the performance of the services enumeratedabove upon a determi- nation by the Secretary of Labor or other proper federal authority that such activities come within the purview of the Act of Congress hereinbeforereferred to. SUMMARY Upon the determinationby the Secretary of Labor or other proper federal authority that the testing, screening, counselingand referring of applicants for the Job Corps come within the purview of the Act of Congress entitled 'An Act to provide for the establishmentof a national employment system and for cooperationwith the States in the promotion of such system and for other purposes," approved June 6 1933 (48 Stat. 113, U.S.C. Title 29, Section 49), as amended, the Texas Employment Commission could contract with the Director of the Office of Economic Op- portunity and the Secretary of Labor to perform such services. Yours very truly WAGGONER CARR Attorney General of Texas %R&ED OPINION EOMMITTEE W. V. Geppert, Chairman Jim Broadhurst Pat Bailey Paul Phy Harry Gee APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -1771-