§ 1645 TITLE 29—LABOR Page 648

(3) Skills training

(A) Preemployment and work maturity skills

training

Preemployment and work maturity skills

training authorized by this part shall be accompanied by either work experience or

other additional services designed to increase the basic education or occupational

skills of a participant. The additional services may be provided, concurrently or sequentially, under other education and training programs, including the Job Corps.

(B) Additional services

Work experience, job search assistance, job

search skills training, and job club activities

provided under this part shall be accompanied by additional services designed to increase the basic education or occupational

skills of a participant. The additional services may be provided, concurrently or sequentially, under other education and training programs, including the Job Corps.

(C) On-the-job training

(i) Positions

On-the-job training authorized under

this part shall only be available in positions that—

(I) pay the participant a wage that

equals or exceeds the average wage at

placement in the service delivery area

for participants under part A of this subchapter; and

(II) have career advancement potential.

(ii) Formal program of structured job

training

On-the-job training authorized under

this part shall include a formal program of

structured job training that will provide

participants with an orderly sequence of

instruction in work maturity skills, general employment competencies, and occupationally specific skills.

(iii) Participation requirement

In order to participate in on-the-job

training authorized under this part, except

for interim periods, an individual who has

not attained a high school diploma or its

equivalent shall concurrently enroll in and

attend a school, course, or program described in clause (ii) or (iii) of paragraph

(2)(B).

(4) Needs-based payments

Needs-based payments and financial assistance provided under this part shall be limited

to payments necessary for participation in the

program assisted under this part in accordance with a locally developed formula or procedure.

(5) Counseling and supportive services

Counseling and supportive services provided

under this part may be provided to a participant for a period of up to 1 year after the date

on which the participant completes the program.

(6) Prohibition on private actions

Nothing in this section shall be construed to

establish a right for a participant to bring an

action to obtain services described in the assessment or service strategy developed under

subsection (b)(1) of this section.

(7) Volunteers

The service delivery area shall make opportunities available for successful individuals

who have previously participated in programs

under this part to volunteer assistance to participants in the form of mentoring, tutoring,

and other activities.

(Pub. L. 97–300, title II, §264, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1068;

amended Pub. L. 104–193, title I, §110(n)(9), Aug.

22, 1996, 110 Stat. 2174.)

AMENDMENTS

1996—Subsec. (b)(1)(A), (B). Pub. L. 104–193,

§110(n)(9)(A), struck out ‘‘(such as the JOBS program)’’

after ‘‘another education or training program’’.

Subsec. (d)(3)(A), (B). Pub. L. 104–193, §110(n)(9)(B),

struck out ‘‘and the JOBS program’’ after ‘‘, including

the Job Corps’’.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–193 effective July 1, 1997,

with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions

relating to termination of entitlement under AFDC

program, see section 116 of Pub. L. 104–193, as amended,

set out as an Effective Date note under section 601 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1518, 1551,

1577, 1643, 1791c of this title; title 7 section 2014.

§ 1645. Linkages

(a) Educational linkages

In conducting the program assisted under this

part, service delivery areas shall establish linkages with the appropriate educational agencies

responsible for service to participants. Such

linkages shall include—

(1) formal agreements with local educational

agencies that will identify—

(A) the procedures for referring and serving in-school youth;

(B) the methods of assessment of in-school

youth; and

(C) procedures for notifying the program

when a youth drops out of the school system;

(2) arrangements to ensure that the program

under this part supplements existing programs

provided by local educational agencies to inschool youth;

(3) arrangements to ensure that the program

under this part utilizes, to the extent possible,

existing services provided by local educational

agencies to out-of-school youth; and

(4) arrangements to ensure that for in-school

participants there is a regular exchange of in-
Page 649 TITLE 29—LABOR § 1645

1So in original. Probably should be ‘‘Act of 1977’’.

formation between the program and the educational agency relating to participant

progress, problems, and needs, including, in

appropriate circumstances, interim assessment results.

(b) Education and training program linkages

In conducting the program assisted under this

part, service delivery areas shall establish appropriate linkages with other education and

training programs authorized under Federal law.

Such programs shall include, where feasible,

programs assisted under—

(1) part B of subchapter IV of this chapter

(the Job Corps);

(2) parts A through C of title I of the Elementary and Secondary Education Act of 1965

[20 U.S.C. 6311 et seq.];

(3) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301

et seq.);

(4) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(5) the Wagner-Peyser Act (29 U.S.C. 49 et

seq.);

(6) the portion of title IV of the Social Security Act [42 U.S.C. 601 et seq.] relating to work

activities;

(7) the Food Stamp Act 1 (7 U.S.C. 2011 et

seq.);

(8) the National Apprenticeship Act (29

U.S.C. 50 et seq.);

(9) the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77; 101 Stat. 482)

[42 U.S.C. 11301 et seq.]; and

(10) any other provisions of this chapter.

(c) Other programs

In addition to the linkages required under subsections (a) and (b) of this section, service delivery areas receiving financial assistance under

this part shall establish other appropriate linkages to enhance the provision of services under

this part. Such linkages may be established with

State and local service agencies, public housing

agencies, community-based organizations, business and labor organizations, volunteer groups

working with at-risk youth, parents and family

members, juvenile justice systems, and other

training, education, employment and social

service programs, including programs conducted

under part A of this subchapter.

(d) Schoolwide projects for low-income schools

In conducting a program serving individuals

specified in section 1643(g) of this title, the service delivery area shall establish a cooperative

arrangement with the appropriate local educational agency that shall, in addition to the

other requirements of this section, include—

(1) a description of the ways in which the

program will supplement the educational program of the school;

(2) identification of measurable goals to be

achieved by the program and provision for assessing the extent to which such goals are

met;

(3) a description of the ways in which the

program will use resources provided under this

part and resources provided under other education programs to achieve the goals identified in paragraph (2);

(4) a description of the number of individuals

to be served; and

(5) assurances that the resources provided

under this part shall be used to supplement

and not supplant existing sources of funds.

(Pub. L. 97–300, title II, §265, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1071;

amended Pub. L. 103–382, title III, §391(n)(4), Oct.

20, 1994, 108 Stat. 4024; Pub. L. 104–193, title I,

§110(n)(10), Aug. 22, 1996, 110 Stat. 2174.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act of

1965, referred to in subsec. (b)(2), is Pub. L. 89–10, Apr.

11, 1965, 79 Stat. 27, as amended generally by Pub. L.

103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Parts

A through C of title I of the Act are classified generally

to parts A through C (§6311 et seq.), respectively, of

subchapter I of chapter 70 of Title 20, Education. For

complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20

and Tables.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b)(3), is

Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended,

which is classified generally to chapter 44 (§2301 et seq.)

of Title 20. For complete classification of this Act to

the Code, see Short Title note set out under section

2301 of Title 20 and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (b)(4), is title VI of Pub. L. 91–230,

Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20.

For complete classification of this Act to the Code, see

section 1400 of Title 20 and Tables.

The Wagner-Peyser Act, referred to in subsec. (b)(5),

is act June 6, 1933, ch. 49, 48 Stat. 113, as amended,

which is classified generally to chapter 4B (§49 et seq.)

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 49

of this title and Tables.

The Social Security Act, referred to in subsec. (b)(6),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Title IV of the Act is classified generally to subchapter

IV (§601 et seq.) of chapter 7 of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

The Food Stamp Act of 1977, referred to in subsec.

(b)(7), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, as

amended, which is classified generally to chapter 51

(§2011 et seq.) of Title 7, Agriculture. For complete

classification of this Act to the Code, see Short Title

note set out under section 2011 of Title 7 and Tables.

The National Apprenticeship Act, referred to in subsec. (b)(8), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, as

amended, which is classified generally to chapter 4C

(§50 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 50 of this title and Tables.

The Stewart B. McKinney Homeless Assistance Act,

referred to in subsec. (b)(9), is Pub. L. 100–77, July 22,

1987, 101 Stat. 482, as amended, which is classified principally to chapter 119 (§11301 et seq.) of Title 42, The

Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out

under section 11301 of Title 42 and Tables.

AMENDMENTS

1996—Subsec. (b)(6). Pub. L. 104–193 added par. (6) and

struck out former par. (6) which read as follows: ‘‘part

F of title IV of the Social Security Act (JOBS) (42

U.S.C. 681 et seq.);’’.

1994—Subsec. (b)(2). Pub. L. 103–382 substituted ‘‘parts

A through C’’ for ‘‘parts A through D of chapter 1’’.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–193 effective July 1, 1997,

with transition rules relating to State options to accel-
§ 1646 TITLE 29—LABOR Page 650

erate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions

relating to termination of entitlement under AFDC

program, see section 116 of Pub. L. 104–193, as amended,

set out as an Effective Date note under section 601 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1515, 1632,

1643 of this title.

§ 1646. Transfer of funds

A service delivery area may transfer up to 10

percent of the amounts allocated to the service

delivery area under section 1642(b) of this title

to the program under part A of this subchapter

if such transfer is—

(1) described in the job training plan; and

(2) approved by the Governor.

(Pub. L. 97–300, title II, §266, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1073.)

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367, set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1518 of this title.

SUBCHAPTER III—EMPLOYMENT AND

TRAINING ASSISTANCE FOR DISLOCATED

WORKERS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 49f, 1502,

1516, 1518, 1531, 1533, 1551, 1574, 1735, 1784a, 2102 of this

title; title 19 section 2311; title 20 sections 2420a, 2468.

§ 1651. Definitions

(a) Dislocated workers

(1) For purposes of this subchapter, the term

‘‘eligible dislocated workers’’ means individuals

who—

(A) have been terminated or laid off or who

have received a notice of termination or layoff

from employment, are eligible for or have exhausted their entitlement to unemployment

compensation, and are unlikely to return to

their previous industry or occupation;

(B) have been terminated or have received a

notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility, or enterprise;

(C) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation

in the area in which such individuals reside,

including older individuals who may have substantial barriers to employment by reason of

age; or

(D) were self-employed (including farmers

and ranchers) and are unemployed as a result

of general economic conditions in the community in which they reside or because of natural

disasters, subject to regulations prescribed by

the Secretary.

(2) For purposes of this subchapter, the term

‘‘additional dislocated worker’’ means a displaced homemaker as that term is defined in

section 1503(29) of this title.

(3) The Secretary shall establish categories of

self-employed individuals and of economic conditions and natural disasters to which paragraph

(1)(D) applies.

(b) Additional definitions

For the purposes of this subchapter—

(1) The term ‘‘labor-management committees’’ means committees voluntarily established to respond to actual or prospective

worker dislocation, which ordinarily include

(but are not limited to) the following—

(A) shared and equal participation by

workers and management;

(B) shared financial participation between

the company and the State, using funds provided under this subchapter, in paying for

the operating expenses of the committee;

(C) a chairperson, to oversee and guide the

activities of the committee, (i) who shall be

jointly selected by the labor and management members of the committee, (ii) who is

not employed by or under contract with

labor or management at the site, and (iii)

who shall provide advice and leadership to

the committee and prepare a report on its

activities;

(D) the ability to respond flexibly to the

needs of affected workers by devising and

implementing a strategy for assessing the

employment and training needs of each dislocated worker and for obtaining the services and assistance necessary to meet those

needs;

(E) a formal agreement, terminable at will

by the workers or the company management, and terminable for cause by the Governor; and

(F) local job identification activities by

the chairman and members of the committee

on behalf of the affected workers.

(2) The term ‘‘local elected official’’ means

the chief elected executive officer of a unit of

general local government in a substate area.

(3) The term ‘‘service provider’’ means a

public agency, private nonprofit organization,

or private-for-profit entity that delivers educational, training, or employment services.

(4) The term ‘‘substate area’’ means that geographic area in a State established pursuant

to section 1661a(a) of this title.

(5) The term ‘‘substate grantee’’ means that

agency or organization selected to administer

programs pursuant to section 1661a(b) of this

title.

(6) The term ‘‘State’’ means any of the several States, the District of Columbia, and the

Commonwealth of Puerto Rico.

(Pub. L. 97–300, title III, §301, as added Pub. L.

100–418, title VI, §6302(a), Aug. 23, 1988, 102 Stat.

1524.)