PUBLIC LAW 97-300-OCT. 13, 1982 penalty for not meeting such standards during that initial program period. (k) All participants who are in programs funded under this Act, or under the Comprehensive Employment and Training Act, on September 30, 1983, shall be eligible to continue to participate in such programs, provided such programs have been approved for funding under the service delivery area's newly effective job training plan. CRIMINAL PROVISIONS SEC. 182. Section 665 of title 18, United States Code, is amended to read as follows: "THEFT OR EMBEZZLEMENT FROM EMPLOYMENT AND TRAINING FUNDS: IMPROPER INDUCEMENT: OBSTRUCTION OF INVESTIGATIONS 96 STAT. 1357 Infra. Penalty. 29 USC 801 note. Ante, p. 1322. "SEC. 665. (a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Comprehensive Employment and Training Act or the Job Training Partnership Act knowingly enrolls an ineligible participant, embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a financial assistance agreement or contract pursuant to such Act shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, such person shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. "(b) Whoever, by threat or procuring dismissal of any person from Penalty. employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under the Comprehensive Employment and Training Act or the Job Training Partnership Act induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be fined not more than $1,000, or imprisoned not more than 1 year, or both. "(c) Any person whoever willfully obstructs or impedes or willfully Penalty. endeavors to obstruct or impede, an investigation or inquiry under the Comprehensive Employment and Training Act or the Job Training Partnership Act, or the regulations thereunder, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than 1 year, or by both such fine and imprisonment.". REFERENCE SEC. 183. Effective on the date of enactment of this Act, all 29 USC 1592. references in any other statute other than this Act, and other than in section 665 of title 18, United States Code, to the Comprehensive Employment and Training Act shall be deemed to refer to the Job Training Partnership Act. REPEALERS SEC. 184. (a) Effective on the date of enactment of this Act(1) the Comprehensive Employment and Training Act is repealed; 29 USC 801 et seq. 96 STAT. 1358 Repeal. 29 USC 1601. Ante, p. 1357. Definitions. PUBLIC LAW 97–300—OCT. 13, 1982 (2) section 5(b) of the Comprehensive Employment and Training Act Amendments of 1978 is repealed. TITLE II-TRAINING SERVICES FOR THE DISADVANTAGED ALLOTMENT SEC. 201. (a) Not more than $5,000,000 of the amount appropriated pursuant to section 3(a)(1) for each fiscal year and available for this part shall be allotted among Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. (b)(1) Subject to the provisions of paragraph (2), of the remainder of the amount available for this part for each fiscal year (A) 33% percent shall be allotted on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each State as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in all the States; (B) 33 percent shall be allotted on the basis of the relative excess number of unemployed individuals who reside in each State as compared to the total excess number of unemployed individuals in all the States; (C) 33% percent shall be allotted on the basis of the relative number of economically disadvantaged individuals within the State compared to the total number of economically disadvantaged individuals in all States, except that, for the allotment for any State in which there is any service delivery area described in section 101(a)(4)(A)(iii), the allotment shall be based on the higher of the number of adults in families with an income below the low-income level in such area or the number of economically disadvantaged individuals in such area. (2)(A) No State shall receive less than one-quarter of 1 percent of the amounts available for allotment under this subsection for each such fiscal year. (B) No State shall be allotted less than 90 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made. For the purpose of this subparagraph, the allotment percentage for each State for the fiscal year 1982 is the percent that each State received in 1982, pursuant to the formula allocations made under the Comprehensive Employment and Training Act, of the total such formula allocations for all States made under that Act in fiscal year 1982. For each succeeding fiscal year, the allotment percentage of a State shall be the percentage which the State received of all allotments pursuant to this subsection. (3) For purposes of paragraph (1)— (A) the term "excess number" means the number which represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State, or the number which represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State; and (B) the term "economically disadvantaged" means an individual who has, or is a member of a family which has, received a total family income (exclusive of unemployment compensation, PUBLIC LAW 97-300-OCT. 13, 1982 child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level. WITHIN STATE ALLOCATION 96 STAT. 1359 SEC. 202. (a)(1) The Governor shall, in accordance with section 162, 29 USC 1602. allocate 78 percent of the allotment of the State (under section 201(b)) for such fiscal year among service delivery areas within the State in accordance with paragraph (2). (2) Of the amount allocated under this subsection (A) 33% percent shall be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each service delivery area as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in the State; (B) 33 percent shall be allocated on the basis of the relative excess number of unemployed individuals who reside in each service delivery area as compared to the total excess number of unemployed individuals in all service delivery areas in the State; (C) 33% percent shall be allocated on the basis of the relative number of economically disadvantaged individuals within each service delivery area compared to the total number of economically disadvantaged individuals in the State, except that the allocation for any service delivery area described in section 101(a)(4)(A)(iii) shall be based on the higher of the number of adults in families with an income below the low-income level in such area or the number of economically disadvantaged individuals in such area. (3) For the purpose of this section (A) the term "excess number" means the number which represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the service delivery area or the number which represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such service delivery area; and (B) the term "economically disadvantaged" means an individual who has, or is a member of a family which has, received a total family income (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level. (b)1) Eight percent of the allotment of each State (under section 201(b)) for each fiscal year shall be available to carry out section 123, relating to State education programs under this Act. (2) Three percent of such allotment of each State for each fiscal year shall be available to carry out section 124, relating to training programs for older individuals. (3)A) Six percent of such allotment of each State for each fiscal year shall be available to carry out subparagraph (B) of this paragraph. Definitions. 96 STAT. 1360 Incentive grants. 29 USC 1603. 42 USC 601. 42 USC 602. School dropout PUBLIC LAW 97–300—OCT. 13, 1982 (B) The amount reserved under subparagraph (A) of this paragraph shall be used by the Governor to provide incentive grants for programs exceeding performance standards, including incentives for serving hard-to-serve individuals. The incentive grants made under this subparagraph shall be distributed among service delivery areas within the State exceeding their performance standards in an equitable proportion based on the degree by which the service delivery areas exceed their performance standards. If the full amount reserved under subparagraph (A) of this paragraph is not needed to make incentive grants under this subparagraph, the Governor shall use the amount not so needed for technical assistance to service delivery areas in the State which do not qualify for incentive grants under this subparagraph. (4) Five percent of such allotment of the State for each fiscal year shall be available to the Governor of the State to be used for the cost of auditing activities, for administrative activities, and for other activities under sections 121 and 122. ELIGIBILITY FOR SERVICES SEC. 203. (a)(1) Except as provided in paragraph (2), an individual shall be eligible to particpate in programs receiving assistance under this title only if such individual is economically disadvantaged. (2) Up to 10 percent of the participants in all programs in a service delivery area receiving assistance under this part may be individuals who are not economically disadvantaged if such individuals have encountered barriers to employment. Such individuals may include, but are not limited to, those who have limited Englishlanguage proficiency, or are displaced homemakers, school dropouts, teenage parents, handicapped, older workers, veterans, offenders, alcoholics, or addicts. (b)(1) Funds provided under this part shall be used in accordance with the job training plan to provide authorized services to disadvantaged youth and adults. Except as provided in paragraph (2), not less than 40 percent of the funds available for such services shall be expended to provide such services to eligible youth. (2) To the extent that the ratio of economically disadvantaged youth to economically disadvantaged adults in the service delivery area differs from the ratio of such individuals nationally (as published by the Secretary), the amount which shall be required to expend for services for youth under paragraph (1) shall be reduced or increased proportionately in accordance with regulations prescribed by the Secretary. (3) Recipients of payments made under the program of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act who are required to, or have, registered under section_402(a)(19) of that Act and eligible school dropouts shall be served on an equitable basis, taking into account their proportion of economically disadvantaged persons sixteen years of age or over in the area. For purposes of this paragraph, a school dropout is an individual who is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma. (4) In each service delivery area the ratio of participants in on-thejob training assisted under this title in the public sector to partici PUBLIC LAW 97-300-OCT. 13, 1982 pants in such training in the private sector shall not exceed the ratio between civilian governmental employment and nongovernmental employment in such area. (c) For purposes of this title (1) the term "youth” means an individual who is aged 16 through 21, and (2) the term "adult" means an individual who is 22 years of age or older. USE OF FUNDS SEC. 204. Services which may be made available to youth and adults with funds provided under this title may include, but need not be limited to (1) job search assistance, (2) job counseling, (3) remedial education and basic skills training, (4) institutional skill training, (5) on-the-job training, (6) programs of advanced career training which provide a formal combination of on-the-job and institutional training and internship assignments which prepare individuals for career employment, (7) training programs operated by the private sector, including those 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, (8) outreach to make individuals aware of, and encourage the use of employment and training services, (9) specialized surveys not available through other labor market information sources, (10) programs to develop work habits and other services to individuals to help them obtain and retain employment, (11) supportive services necessary to enable individuals to participate in the program and to assist them in retaining employment for not to exceed 6 months following completion of training, (12) upgrading and retraining, (13) education-to-work transition activities, (14) literacy training and bilingual training, (15) work experience, (16) vocational exploration, (17) attainment of certificates of high school equivalency, (19) employment generating activities to increase job opportunities for eligible individuals in the area, (20) pre-apprenticeship programs, (21) disseminating information on program activities to employers, (22) use of advanced learning technology for education, job preparation, and skills training, (23) development of job openings, (24) on-site industry-specific training programs supportive of industrial and economic development, (25) followup services with participants placed in unsubsidized employment, 96 STAT. 1361 “Youth." "Adult.” 29 USC 1604. |