§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.

(ii) Occupational skills training.

(iii) Supportive services.

(2) Additional requirements

(A) Information and referrals

Each service delivery area shall ensure that each participant or applicant who meets the minimum income eligibility criteria shall be provided-

(i) information on the full array of applicable or appropriate services that are available through the service delivery area or other service providers, including those receiving funds under this chapter; and

(ii) referral to appropriate training and educational programs that have the capacity to serve the participant or applicant either on a sequential or concurrent basis.

(B) Applicants not meeting enrollment requirements

(i) Service providers

Each service provider shall ensure that an eligible applicant who does not meet the enrollment requirements of its particular program or who cannot be served shall be referred to the service delivery area for further assessment, as necessary, and referral to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.

(ii) Service delivery area

The service delivery area shall ensure that appropriate referrals are made pursuant to clause (i), and shall maintain appropriate records of such referrals and the basis for such referrals.

(b) Authorized services

Subject to the limitations contained in subsection (c) of this section, services that may be made available to each participant under this part may include-

(1) direct training services, including-

(A) basic skills training, including remedial education, literacy training, and English-as-a-second-language instruction;

(B) institutional skills training;

(C) on-the-job training;

(D) assessment of the skill levels and service needs of participants;

(E) counseling, such as job counseling and career counseling;

(F) case management services;

(G) education-to-work transition activities;

(H) programs that combine workplace training with related instruction;

(I) work experience;

(J) programs of advanced career training that provide a formal combination of on-the-job and institutional training and internship assignments that prepare individuals for career employment;

(K) training programs operated by the private sector, including programs operated by labor organizations or by consortia of private sector employers utilizing private sector facilities, equipment, and personnel to train workers in occupations for which demand exceeds supply;

(L) skill upgrading and retraining;

(M) bilingual training;

(N) entrepreneurial training;

(O) vocational exploration;

(P) training programs to develop work habits to help individuals obtain and retain employment;

(Q) attainment of certificates of high school equivalency;

(R) preapprenticeship programs;

(S) on-site, industry-specific training programs supportive of industrial and economic development;

(T) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and

(U) use of advanced learning technology for education, job preparation, and skills training; and

(2) training-related and supportive services, including-

(A) job search assistance;

(B) outreach to make individuals aware of, and encourage the use of, employment and training services, including efforts to expand awareness of training and placement opportunities for limited-English proficient individuals and individuals with disabilities;

(C) outreach, to develop awareness of, and encourage participation in, education, training services, and work experience programs to assist women in obtaining nontraditional employment, and to facilitate the retention of women in nontraditional employment, including services at the site of training or employment;

(D) specialized surveys not available through other labor market information sources;

(E) dissemination of information on program activities to employers;

(F) development of job openings;

(G) programs coordinated with other Federal employment-related activities;

(H) supportive services, as defined in section 1503(24) of this title, necessary to enable individuals to participate in the program;

(I) needs-based payments and financial assistance;

(J) followup services with participants placed in unsubsidized employment; and

(K) services to obtain job placements for individual participants.

(c) Design of services

(1) Workplace context and integration

Basic skills training provided under this part shall, in appropriate circumstances, have a workplace context and be integrated with occupational skills training.

(2) Basic education or occupational skills

(A) Additional services

Except as provided in subparagraph (B), 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.

(B) Lack of appropriateness and availability

Each program assisted under this part may only provide job search assistance, job search skills training, and job club activities to a participant without the additional services described in subparagraph (A) if-

(i) the assessment and service strategy of a participant indicate that the additional services are not appropriate; and

(ii) the activities are not available to the participant through the employment service or other public agencies.

(3) 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.

(4) Counseling and supportive services

Counseling and supportive services provided under this part may be provided to a participant for a period up to 1 year after the date on which the participant completes the program.

(5) 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 (a)(1) of this section.

(6) Volunteers

The service delivery area shall make opportunities available for individuals who have successfully participated in programs under this part to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.

(d) Services for older individuals

(1) In general

The Governor is authorized to provide for job training programs that are developed in conjunction with service delivery areas within the State and that are consistent with the plan for the service delivery area prepared and submitted in accordance with section 1514 of this title, and designed to ensure the training and placement of older individuals in employment opportunities with private business concerns. The Governor shall ensure that the program under this subsection provides services throughout the State to older individuals on an equitable basis, taking into account the relative share of the population of older individuals described in paragraph (6)(A) within the State, residing in each service delivery area.

(2) Agreements

(A) In general

In carrying out this subsection, the Governor shall, after consultation with appropriate private industry councils and chief elected officials, enter into agreements with public agencies, nonprofit private organizations (including veterans organizations), private industry councils, service delivery areas, and private business concerns.

(B) Priority

In entering into the agreements described in subparagraph (A), the Governor shall give priority to national, State, and local agencies and organizations that have a record of demonstrated effectiveness in providing training and employment services to such older individuals.

(3) Considerations

The Governor shall give consideration to assisting programs involving training for jobs in growth industries and jobs reflecting the use of new technological skills.

(4) Coordination

In providing the services required by this subsection, the Governor shall make efforts to coordinate the delivery of such services with the delivery of services under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(5) Eligibility

(A) Economically disadvantaged

Except as provided in subparagraph (B), an individual shall be eligible to participate in a job training program under this subsection only if the individual is economically disadvantaged and is an older individual.

(B) Special rule

(i) Individuals facing serious barriers to employment

An individual who is not economically disadvantaged as described in subparagraph (A) shall be eligible to participate in a job training program under this subsection if the individual faces serious barriers to employment, is an older individual, and meets income eligibility requirements under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) subject to clause (ii).

(ii) Limitation

Not more than 10 percent of all participants in a program assisted under this subsection shall be individuals who are not economically disadvantaged.

(6) Applicable requirements

(A) In general

Except as provided in subparagraph (B), the requirements of this chapter applicable to programs conducted under this subsection shall be the same requirements applicable to the other programs conducted under this part.

(B) Exceptions

(i) Provisions not applicable

The provisions of section 1514 of this title, subsections (b)(7) and (j) of section 1516 of this title, section 1519 of this title, section 1603 of this title, and subsection (a)(2) of this section shall not be applicable to programs conducted under this subsection.

(ii) Governor

With respect to the application of sections 1516(b), 1518(b), 1551(d)(3)(C), and 1605 of this title to programs conducted under this subsection, the term "service delivery area", as used in such provisions, means the Governor.

(7) "Older individual" defined

As used in this subsection, the term "older individual" means an individual age 55 or older.

(Pub. L. 97–300, title II, §204, as added Pub. L. 102–367, title II, §203, Sept. 7, 1992, 106 Stat. 1055 ; amended Pub. L. 104–193, title I, §110(n)(6), Aug. 22, 1996, 110 Stat. 2174 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

References in Text

The Older Americans Act of 1965, referred to in subsec. (d)(4), (5)(B)(i), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218 , as amended. Title V of the Act, known as the "Older Americans Community Services Employment Act", is classified generally to subchapter IX (§3056 et seq.) of chapter 35 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 3001 of Title 42 and Tables.

Prior Provisions

A prior section 1604, Pub. L. 97–300, title II, §204, Oct. 13, 1982, 96 Stat. 1361 ; Pub. L. 101–392, §5(a)(2), Sept. 25, 1990, 104 Stat. 758 ; Pub. L. 102–235, §8, Dec. 12, 1991, 105 Stat. 1809 , related to use of funds 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. (a)(1)(A), (B). Pub. L. 104–193 struck out "(such as the JOBS program)" after "another education or training program".

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, 1516, 1518, 1519, 1577, 1602, 1603, 1644, 1791c of this title; title 7 section 2014; title 42 section 3056h.