96 STAT. 1362 29 USC 1605. Preemployment skills training program. Entry employment experience program. PUBLIC LAW 97-300-OCT. 13, 1982 (26) coordinated programs with other Federal employmentrelated activities, (27) needs-based payments necessary to participation in accordance with a locally developed formula or procedure, and (28) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of that training. EXEMPLARY YOUTH PROGRAMS SEC. 205. (a) In addition to the services for youth which may be available in accordance with section 204, the job training plan may, at the option of those responsible for its preparation, elect to include one or more of the exemplary youth programs described in subsections (b) through (e) of this section, each of which may be modified by the plan to accommodate local conditions. (b)(1) The job training plan may provide for the conduct of an "education for employment program" for eligible youth who have not attained a high school diploma or who have educational deficiencies despite the attainment of a diploma, with priority given to high school dropouts. (2) The education for employment programs may provide for the maintenance of a network of learning centers offering individualized or group instruction in convenient locations, such as schools, neighborhood organizations, libraries, and other sites, including mobile vans in rural areas. (3) The curricula provided by such network shall be designed to prepare the student to meet State and locally determined general education diploma and basic education competency requirements. (4) For purposes of this section, priority shall be given in the selection of service providers to previously funded in-school and community based organization projects which are both cost-effective and of demonstrated success, and which otherwise meet criteria under this Act. (cX1) The job training plan may provide for the conduct of a "preemployment skills training program" for youth, and individuals aged 14 and 15, with priority being given to those individuals who do not meet established levels of academic achievement and who plan to enter the full-time labor market upon leaving school. (2) The preemployment skill training program may provide youth up to 200 hours of instruction and activities. (3) The instruction and activities may include (A) assessment, testing, and counseling; (B) occupational career and vocational exploration; (C) job search assistance; (D) job holding and survival skills training; (E) basic life skills training; (F) remedial education; (G) labor market information; and (H) job-seeking skills training. (d)(1) The job training plan may provide for the conduct of an "entry employment experience program" for youth who (A) have completed preemployment skills training or its equivalent; (B) have not recently held a regular part-time or summer job for more than 250 hours of paid employment, except that this PUBLIC LAW 97-300-OCT. 13, 1982 paragraph may be waived in accordance with criteria established in the job training plan; and (C) are enrolled in a secondary school or an institution offering a certified high school equivalency program and are meeting or have met the minimum academic and attendance requirements of that school or education program during the current or most recent term, with priority given to youth who do not plan to continue on to postsecondary education. (2) Entry employment experiences may be up to 20 hours weekly during the school year or full time during the summer and holidays, for a total of not to exceed 500 hours of entry employment experience for any individual. Such experiences shall be appropriately supervised, including the maintenance of standards of attendance and worksite performance. (3) Entry employment experiences may be one of the following types: (A) Full-time employment opportunities in public and private nonprofit agencies during the summer and on a part-time basis in combination with education and training activities. These jobs shall provide community improvement services that complement local expenditures. (B) Tryout employment at private for-profit worksites, or at public and private nonprofit worksites when private for-profit worksites are not available. Compensation in lieu of wages for tryout employment shall be paid by the grant recipient, but the length of any assignment to a tryout employment position shall not exceed 250 hours. Tryout employment positions shall be ones for which participants would not usually be hired (because of lack of experience or other barriers to employment), and vacancies in such positions may not be refilled if the previous participant completed the tryout employment but was not hired by the employer. (C) Cooperative education programs to coordinate educational programs with work in the private sector. (e)(1) The job training plan may provide for the conduct of a "school-to-work transition assistance program" for youth who are (A) high school seniors who plan to enter the full-time labor market upon graduation, with priority to seniors in high schools having a predominance of students from families with incomes below 70 percent of the lower living standard income level; and (B) dropouts, with followup as immediately as possible after leaving school. (2) Transition services include (A) provision of occupational information; (C) job clubs; (D) placement and job development; and (3) Seniors and dropouts who are eligible for and in need of training activities may be provided information and, where appropriate, referred to (A) preemployment skills training, entry employment experience, and remedial education; (B) adult training activities; and (C) the Job Corps. 96 STAT. 1363 Entry employment experiences. School-to-work transition assistance program. 96 STAT. 1364 29 USC 1631. 29 USC 1632. 29 USC 1633. 29 USC 1634. Ante, p. 1327. Ante, p. 1358. 29 USC 1651. PUBLIC LAW 97-300-OCT. 13, 1982 PART B-SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS AUTHORIZATION OF APPROPRIATIONS; ALLOTMENT AND ALLOCATION SEC. 251. (a) From the funds appropriated under section 3(b), the Secretary shall first allocate to Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and entities eligible under section 401 the same percentage of funds as were available to such areas and entities for the summer youth program in the fiscal year preceding the fiscal year for which the determination is made. (b) The remainder of sums appropriated pursuant to section 3(b) shall be allotted among States in accordance with section 201(b) and allocated among service delivery areas within States in accordance with section 202(a)(2) and (3). USE OF FUNDS SEC. 252. Funds available under this part may be used for(1) basic and remedial education, institutional and on-the-job training, work experience programs, employment counseling, occupational training preparation for work, outreach and enrollment activities, employability assessment, job referral and placement, job search and job club activities, and any other employment or job training activity designed to give employment to eligible individuals or prepare them for, and place them in, employment; and (2) supportive services necessary to enable such individuals to participate in the program. LIMITATIONS SEC. 253. (a) Programs under this part shall be conducted during the summer months. (b) Except as provided in subsection (c), individuals eligible under this part shall be economically disadvantaged youth. (c) Eligible individuals aged 14 or 15 shall, if appropriate and set forth in the job training plan, be eligible for summer youth programs under this part. APPLICABLE PROVISIONS SEC. 254. Private industry councils established under title I, chief elected officials, State job training coordinating councils, and Governors shall have the same authority, duties, and responsibilities with respect to planning and administration of funds available under this part as private industry councils, chief elected officials, State job training coordinating councils, and Governors have for funds available under part A of title II. TITLE III-EMPLOYMENT AND TRAINING ASSISTANCE FOR ALLOCATION OF FUNDS SEC. 301. (a) From the amount appropriated to carry out this title for any fiscal year, the Secretary may reserve up to 25 percent of such amount for use by the States in accordance with subsection (c). PUBLIC LAW 97-300-OCT. 13, 1982 (b) The Secretary shall allot the remainder of the amount appropriated to carry out this title for any fiscal year among the States as follows: 96 STAT. 1365 Funds. (1) One-third of the remainder of such amount shall be allotted among the States on the basis of the relative number of unemployed individuals who reside in each State as compared to the total number of unemployed individuals in all the States. (2) One-third of the remainder of such amount shall be allotted among the States 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. For purposes of this paragraph, the term "excess "Excess number" means the number which represents unemployed indi- number.” viduals in excess of 4.5 percent of the civilian labor force in the State. (3) One-third of the remainder of such amount shall be allotted among the States on the basis of the relative number of individuals who have been unemployed for fifteen weeks or more and who reside in each State as compared to the total number of such individuals in all the States. (c) The Secretary shall make available the sums reserved under subsection (a) for the purpose of providing training, retraining, job search assistance, placement, relocation assistance, and other aid (including any activity authorized by section 303) to individuals who are affected by mass layoffs, natural disasters, Federal Government actions (such as relocations of Federal facilities), or who reside in areas of high unemployment or designated enterprise zones. In Funding order to qualify for assistance from funds reserved by the Secretary application, under subsection (a), a State shall, in accordance with regulations promulgated by the Secretary establishing criteria for awarding assistance from such funds, submit an application identifying the need for such assistance and the types of, and projected results expected from, activities to be conducted with such funds. (d) The Secretary is authorized to reallot any amount of any allotment to a State to the extent that the Secretary determines that the State will not be able to obligate such amount within one year of allotment. submittal. IDENTIFICATION OF DISLOCATED WORKERS SEC. 302. (a) Each State is authorized to establish procedures to identify substantial groups of eligible individuals who (1) have been terminated or laid-off or who have received a notice of termination or lay-off from employment, are eligible for or have exhausted their entitlement to unemployment compensation, and are unlikely to return to their previous industry or occupation; (2) have been terminated, or who have received a notice of termination of employment, as a result of any permanent closure of a plant or facility; or (3) 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 any older individuals who may have substantial barriers to employment by reason of age. 29 USC 1652. 96 STAT. 1366 29 USC 1653. 29 USC 1654. PUBLIC LAW 97-300-OCT. 13, 1982 (b) The State may provide for the use of the private industry councils established under title I of this Act to assist in making the identification established under subsection (a). (cX1) Whenever a group of eligible individuals is identified under subsection (a), the State, with the assistance of the private industry council, shall determine what, if any, job opportunities exist within the local labor market area or outside the labor market area for which such individuals could be retrained. (2) The State shall determine whether training opportunities for such employment opportunities exist or could be provided within the local labor market area. (d) Whenever training opportunities pursuant to subsection (c) are identified, information concerning the opportunities shall be made available to the individuals. The acceptance of training for such opportunities shall be deemed to be acceptance of training with the approval of the State within the meaning of any other provision of Federal law relating to unemployment benefits. AUTHORIZED ACTIVITIES SEC. 303. (a) Financial assistance provided to States under this title may be used to assist eligible individuals to obtain unsubsidized employment through training and related employment services which may include, but are not limited to (1) job search assistance, including job clubs, (2) job development, (3) training in jobs skills for which demand exceeds supply, (4) supportive services, including commuting assistance and financial and personal counseling, (5) pre-layoff assistance, (6) relocation assistance, and (7) programs conducted in cooperation with employers or labor organizations to provide early intervention in the event of closures of plants or facilities. (b) Relocation assistance may be provided if the State determines (1) that the individual cannot obtain employment within the individual's commuting area, and (2) that the individual has secured suitable long-duration employment or obtained a bona fide job offer in a relocation area in a State. MATCHING REQUIREMENT SEC. 304. (a)(1) In order to qualify for financial assistance under this title, a State shall demonstrate, to the satisfaction of the Secretary, that it will expend for purposes of services assisted under this title, an amount from public or private non-Federal sources equal to the amount made available to that State under section 301(b). (2) Whenever the average rate of unemployment for a State is higher than the average rate of unemployment for all States, the non-Federal matching funds described in paragraph (1) required to be provided by such State for that fiscal year shall be reduced by 10 percent for each 1 percent, or portion thereof, by which the average· rate of unemployment for that State is greater than the average rate of unemployment for all States. (3) The Secretary shall determine the average rate of unemployment for a State and the average rate of unemployment for all |