Page:United States Statutes at Large Volume 106 Part 3.djvu/966

 106 STAT. 2760 PUBLIC LAW 102-484—OCT. 23, 1992 implementing official determines that the application does not cont£dn a certification and other information meeting the reouirements established under this subtitle or that withholding oi approval is warranted under subsection (g). (b) INELIGIBLE PROGRAMS. —^A program ofjob training— (1) for employment which consists of seasonal, intermittent, or temporary jobs; (2) for employment under which commissions are the primary source of income; (3) for employment which involves political or religious activities; (4) for employment with any department, agency, instrumentality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission); or (5) for employment outside of a State, may not be approved under this subtitle. (c) APPLICATION.—An employer offering a program of job training that the employer desires to have approved for the purposes of this subtitle shall submit to the implementing official a written application for such approval. Such application shall be in such form as such official shall prescribe. (d) CERTIFICATION.— An application under subsection (c) shall include a certification by the employer of the following: (1) That the employer is planning that, upon an eligible person's completion of the program ofjoD training, the employer will employ the eligible person in a position for which the eligible person has been trained and that the employer expects that such a position will be available on a stable and permcinent basis to the eligible person at the end of the training period. (2) That the wages and benefits to be paid to an eligible person participating in the employer's program of job training will be not less than the wages and oenefits normally paid to other employees participating in the same or a comparable program of job training. (3) That the employment of an eligible person under the program— (A) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and (B) will not be in a job (i) while any other individual is on layoff from the same or any substantially equivalent job, or (ii) the opening for which was created as a result of the employer having terminated the employment of anv regular employee or otherwise having reduced its work force with the intention of hiring an eligible person in such job under this subtitle. (4) That the employer will not employ in the program of job training an eligible person who is already qualified by training and experience for the job for which training is to be provided. (5) That the job which is the objective of the training program is one that involves significant training. (6) That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities

�