§ 1603 TITLE 29—LABOR Page 634

§ 1603. Eligibility for services

(a) In general

Except as provided in subsection (c) of this

section, an individual shall be eligible to participate in the program under this part only if

such individual is—

(1) 22 years of age or older; and

(2) economically disadvantaged.

(b) Hard-to-serve individuals

Not less than 65 percent of the participants in

the program under this part, other than participants served under section 1604(d) of this title,

in each service delivery area shall be individuals

who are included in 1 or more of the following

categories:

(1) Individuals who are basic skills deficient.

(2) Individuals who are school dropouts.

(3) Individuals who are recipients of cash

welfare payments.

(4) Individuals who are offenders.

(5) Individuals with disabilities.

(6) Individuals who are homeless.

(7) Individuals who are in a category established under subsection (d) of this section.

(c) Special rule

Not more than 10 percent of participants in a

program assisted under this part, other than

participants served under section 1604(d) of this

title, in each service delivery area may be individuals who are not economically disadvantaged

if such individuals are age 22 or older and within

1 or more categories of individuals who face serious barriers to employment. Such categories

may include the categories described in subsection (b) of this section, or categories such as

displaced homemakers, veterans, alcoholics, or

addicts.

(d) Additional category

A service delivery area conducting a program

assisted under this part may add one category of

individuals who face serious barriers to employment to the categories of eligible individuals described in subsection (b) of this section if—

(1) the service delivery area submits a request to the Governor identifying the additional category of individuals and justifying

the inclusion of such category;

(2) the additional category of individuals is

not solely comprised of—

(A) individuals with a poor work history;

or

(B) individuals who are unemployed; and

(3) the Governor approves the request submitted under paragraph (1) and transmits a description of the approved request to the Secretary, as part of the Governor’s coordination

and special services plan under section 1531 of

this title.

(Pub. L. 97–300, title II, §203, as added Pub. L.

102–367, title II, §203, Sept. 7, 1992, 106 Stat. 1055;

amended Pub. L. 104–193, title I, §110(n)(5), Aug.

22, 1996, 110 Stat. 2174.)

PRIOR PROVISIONS

A prior section 1603, Pub. L. 97–300, title II, §203, Oct.

13, 1982, 96 Stat. 1360; Pub. L. 97–404, §2, Dec. 31, 1982, 96

Stat. 2026; Pub. L. 99–496, §7, Oct. 16, 1986, 100 Stat. 1263;

Pub. L. 99–570, title XI, §11004(b), Oct. 27, 1986, 100 Stat.

3207–169, related to eligibility for training services for

the disadvantaged, prior to repeal by Pub. L. 102–367,

title II, §201, title VII, §701(a), Sept. 7, 1992, 106 Stat.

1052, 1103, effective July 1, 1993.

AMENDMENTS

1996—Subsec. (b)(3). Pub. L. 104–193 struck out

‘‘, including recipients under the JOBS program’’ after

‘‘recipients of cash welfare payments’’.

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, 1531, 1604,

1734, 1781 of this title; title 42 section 3056h.

§ 1604. Program design

(a) Essential elements

(1) In general

The programs under this part shall include—

(A) an objective assessment of the skill

levels and service needs of each participant,

which shall include a review of basic skills,

occupational skills, prior work experience,

employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), and supportive service needs,

except that a new assessment of a participant is not required if the program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;

(B) development of service strategies that

shall identify the employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for

participants taking into account the assessments conducted pursuant to subparagraph

(A), except that a new service strategy for a

participant is not required if the program

determines it is appropriate to use a recent

service strategy developed for the participant under another education or training

program;

(C) a review of the progress of each participant in meeting the objectives of the service

strategy; and

(D) each of the following services, which

shall be provided either directly or through

arrangement with other programs to a participant where the assessment and the service strategy indicate such services are appropriate:

(i) Basic skills training.