§ 1733 TITLE 29—LABOR Page 690

(i) the statutory goals;

(ii) the performance standards established by the Secretary; and

(iii) the extent to which such programs

enhance the employment and earnings of

participants, reduce income support costs,

improve the employment competencies of

participants in comparison to comparable

persons who did not participate in such

programs, and, to the extent feasible, increase the level of total employment over

the level that would have existed in the

absence of such programs.

(Pub. L. 97–300, title IV, §452, Oct. 13, 1982, 96

Stat. 1381; Pub. L. 102–367, title IV, §403(a)(2),

Sept. 7, 1992, 106 Stat. 1078.)

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in subsec.

(d)(1)(B)(i), is act June 6, 1933, ch. 49, 48 Stat. 113, as

amended, which is classified generally to chapter 4B

(§49 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 49 of this title and Tables.

The National Apprenticeship Act, referred to in subsec. (d)(1)(B)(ii), is act Aug. 16, 1937, ch. 663, 50 Stat. 664,

as amended, which is classified generally to chapter 4C

(§50 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 50 of this title and Tables.

The Older Americans Act of 1965, referred to in subsec. (d)(1)(B)(iii), is Pub. L. 89–73, July 14, 1965, 79 Stat.

218, as amended, which is classified generally to chapter 35 (§3001 et seq.) 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.

The Trade Act of 1974, referred to in subsec.

(d)(1)(B)(iv), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978,

as amended. Chapter 2 of title II of the Act is classified

principally to part 2 (§2271 et seq.) of subchapter II of

chapter 12 of Title 19, Customs Duties. For complete

classification of this Act to the Code, see References in

Text note set out under section 2101 of Title 19 and

Tables.

The Social Security Act, referred to in subsec.

(d)(1)(B)(v), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Titles III, IX, and XII of the Act are classified

generally to subchapters III (§501 et seq.), IX (§1101 et

seq.), and XII (§1321 et seq.), respectively, of chapter 7

of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section

1305 of Title 42 and Tables.

AMENDMENTS

1992—Pub. L. 102–367 amended section generally. Prior

to amendment, section related to employment and

training research, including experimental, developmental, and demonstration projects to improve effectiveness of methods for meeting employment and training problems.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 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.

WORKFORCE FLEXIBILITY PARTNERSHIP DEMONSTRATION

PROGRAM

Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1469, provided in part: ‘‘That the Secretary of Labor shall establish a workforce flexibility (work-flex) partnership

demonstration program under which the Secretary

shall authorize not more than six States, of which at

least three States shall each have populations not in

excess of 3,500,000, with a preference given to those

States that have been designated Ed-Flex Partnership

States under section 311(e) of Public Law 103–227 [20

U.S.C. 5891(e)], to waive any statutory or regulatory requirement applicable to service delivery areas or substate areas within the State under titles I–III of the

Job Training Partnership Act [29 U.S.C. 1511 et seq.,

1601 et seq., 1651 et seq.] (except for requirements relating to wage and labor standards, grievance procedures

and judicial review, nondiscrimination, allotment of

funds, and eligibility), and any of the statutory or regulatory requirements of sections 8–10 of the WagnerPeyser Act [29 U.S.C. 49g–49i] (except for requirements

relating to the provision of services to unemployment

insurance claimants and veterans, and to universal access to basic labor exchange services without cost to

job seekers), for a duration not to exceed the waiver period authorized under section 311(e) of Public Law

103–227, pursuant to a plan submitted by such States

and approved by the Secretary for the provision of

workforce employment and training activities in the

States, which includes a description of the process by

which service delivery areas and substate areas may

apply for and have waivers approved by the State, the

requirements of the Wagner-Peyser Act [29 U.S.C. 49 et

seq.] to be waived, the outcomes to be achieved and

other measures to be taken to ensure appropriate accountability for Federal funds.’’

Similar provisions were contained in the following

prior appropriations act:

Pub. L. 104–208, div. A, title I, §101(e) [title I], Sept.

30, 1996, 110 Stat. 3009–233, 3009–234.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516, 1571, 1703,

1703a of this title.

§ 1733. Capacity building, information, dissemination, and replication activities

(a) National strategy

The Secretary shall develop a national strategy for carrying out the activities described in

subsection (b)(2) of this section and the replication of programs described in subsection (c) of

this section, and shall ensure the implementation of the national strategy.

(b) Network

(1) Establishment

(A) In general

The Secretary shall establish a Capacity

Building and Information and Dissemination

Network (referred to in this section as the

‘‘Network’’) to enhance the effectiveness of

and to strengthen the caliber of services provided through programs authorized under

this chapter and other Federal, State, and

local employment and training programs.

(B) Administration

The Secretary shall establish and maintain such Network—

(i) directly;

(ii) under an interagency agreement; or

(iii) through a grant or contract awarded

on a competitive basis to a single entity,

or to a system of entities coordinated by

the Secretary, with appropriate expertise.

(2) Activities

The Network shall—

(A) provide, coordinate, and support the

development of, appropriate training, technical assistance, staff development, and

other activities that will—
Page 691 TITLE 29—LABOR § 1733

(i) enhance the skills, knowledge, and expertise of the personnel who staff employment and training and other closely related human service systems, including service providers;

(ii) improve the quality of services provided to individuals served under this

chapter and other Federal employment

and training programs and encourage integrated service delivery under such programs using—

(I) where cost effective, interactive

communication systems and satellite

technology; and

(II) where possible, staff trained in a

variety of Federal human resource programs;

(iii) improve the planning, procurement,

and contracting practices pursuant to this

chapter; and

(iv) provide broad human services policy

and planning training to—

(I) private industry council volunteers;

and

(II) where appropriate, members of

State human resource investment councils and other State councils;

(B) prepare and disseminate staff training

curricula and materials, primarily using

computer-based technologies, for employment and training professionals and support

staff, that focus on enhancing staff competencies and professionalism, including instruction on the administrative requirements of this chapter, such as procurement

and contracting standards and regulations;

and

(C)(i) identify, develop, disseminate, and

provide training in the techniques learned

from, innovative and successful program

models, materials, methods, and information, by using computer-based technologies

for organizing a data base and dissemination

and communication system for the Network,

and establishing a computer-based communications and dissemination methodology to

share information among employment and

training personnel and institutions; and

(ii) in identifying such program models,

ensure that consideration shall be given to—

(I) the size and scope of the program;

(II) the length of time that the program

has been operating;

(III) the nature and reliability of measurable outcomes for the program;

(IV) the capacity of the sponsoring organization to provide the technical assistance necessary for States and service delivery areas to replicate the program; and

(V) the likelihood that the program will

be successful in diverse economic, geographic, and cultural environments.

(3) Charges

The Network may require cost-sharing to

offset the actual costs of institute training,

materials acquisition, or information dissemination. Any resulting income shall be used in

accordance with section 1551(m) of this title.

(4) Coordination

(A) In general

The Secretary shall consult with the Secretaries of Education and Health and Human

Services, as appropriate, to coordinate the

activities of the Network with other relevant institutes, centers, laboratories, clearinghouses, or dissemination networks, such

as the National Diffusion Network.

(B) Coordination with replication grant program

To the extent possible, the Network shall

coordinate the activities of the Network

with activities assisted under the replication

grant program conducted under subsection

(c) of this section.

(c) Replication

(1) Replication program authorized

The Secretary shall make competitive

grants to public or private nonprofit organizations for technical assistance, and to States

and service delivery areas for planning and

program development, to promote the replication of employment and training programs

that are successful in improving the employment prospects of populations served under

this chapter and that are replicable on a large

scale. In making such grants, the Secretary

shall consider the recommendations described

in paragraph (2)(B) of the review panel established under paragraph (2)(A) regarding such

programs.

(2) Review panel

(A) Establishment

The Secretary shall establish a review

panel comprised of not more than 6 individuals appointed by the Secretary who are recognized experts in the operation and evaluation of employment and training programs

for economically disadvantaged youth and

adults, and dislocated workers.

(B) Recommendations

The review panel shall make recommendations to the Secretary regarding model programs that the panel considers likely to be

successful in improving such employment

prospects of populations served under this

chapter and to be replicable on a large scale.

(C) Considerations

In recommending such programs the review panel shall use the considerations described in subsection (b)(2)(C)(ii) of this section.

(D) Meetings

The review panel shall meet not more than

once each year to carry out the responsibilities described in this paragraph.

(E) Conflict of interest

No member of such panel shall have a direct financial interest in or affiliation with

a potential recipient of funds under the program authorized by this section.

(3) Applications

(A) Nonprofit organization

Any public or private nonprofit organization desiring to receive such a grant to pro-
§ 1733 TITLE 29—LABOR Page 692

vide the technical assistance necessary for

program replication may submit an application to the Secretary at such time, in such

manner, and containing or accompanied by

such information as the Secretary may reasonably require.

(B) State; service delivery area

Any State or service delivery area desiring

to receive such a grant for planning and program development associated with a replication effort shall submit an application to the

Secretary at such time, in such manner, and

containing or accompanied by such information as the Secretary may reasonably require.

(C) Contents

Each application described in subparagraph (A) or (B) shall contain—

(i) a description of the program proposed

for replication and available evidence of

the success of the program in improving

the employment prospects of economically

disadvantaged youth and adults, and dislocated workers, within each such service

delivery area; and

(ii) in the case of applications described

in subparagraph (A), an assurance that the

organization will enter into an agreement

with the service delivery areas in which

the program is to be replicated, to participate in the replication program.

(4) Grant limitations

(A) Limitation

In any 3-year period the Secretary shall

not approve grants for the same replication

activities in more than 10 States or communities. During such 3-year period, the results

of such limited replication efforts shall be

carefully evaluated and examined by the

Secretary regarding the advisability of replicating the model program in more than 10

States or communities or for longer than 3

years.

(B) Waiver

The Secretary may waive the limitation

set forth in subparagraph (A) for a program

if immediate replication efforts on a larger

scale are warranted by extensive evaluation

of the program prior to designation as a

model program under this subsection.

(5) Coordination

To the extent possible, the Secretary shall

coordinate the activities assisted under the

replication grant program conducted under

this subsection with the activities of the Network under subsection (b) of this section. The

Secretary shall ensure that information on

the programs replicated under this subsection

shall be available through the Network.

(d) Management capability

(1) Grants

From the amounts reserved under section

1502(c)(2)(B)(ii)(III) of this title for each fiscal

year to carry out this subsection, the Secretary may award grants to States for the purpose of assisting the States in carrying out the

activities described in section 1602(c)(1)(A) of

this title.

(2) Eligibility

A State that receives an amount under section 1602(c)(1)(A) of this title for a fiscal year

that is less than $500,000 shall be eligible to receive a grant under this subsection for the fiscal year.

(3) Amount of grant

The amount of a grant awarded to a State

for a fiscal year under paragraph (1) shall not

exceed the lesser of—

(A) $100,000; or

(B) the difference obtained by subtracting

from $500,000 the amount received by the

State for the fiscal year under section

1602(c)(1)(A) of this title.

(4) Award of grants

In determining whether to award a grant to

a State under paragraph (1), and in determining the amount of such a grant, the Secretary

shall take into account the demonstrated need

of the State to receive such a grant, as indicated by—

(A) the number of service delivery areas in

the State; and

(B) the demonstrated insufficiency of resources of the State to administer State responsibilities under sections 1531 and 1532 of

this title.

(5) Application

To be eligible to receive a grant under this

subsection for a fiscal year, a State shall submit an application at such time, in such manner, and containing such information as the

Secretary may require, including sufficient information to enable the Secretary to make the

determinations described in paragraph (4).

(6) Use of funds

The Secretary shall make available to carry

out subsections (b) and (c) of this section any

amounts reserved under section

1502(c)(2)(B)(ii)(III) of this title for a fiscal

year and not expended to make grants under

paragraph (1) for such year.

(Pub. L. 97–300, title IV, §453, Oct. 13, 1982, 96

Stat. 1382; Pub. L. 99–496, §13, Oct. 16, 1986, 100

Stat. 1265; Pub. L. 102–367, title IV, §403(a)(3),

Sept. 7, 1992, 106 Stat. 1080.)

AMENDMENTS

1992—Pub. L. 102–367 amended section generally, substituting provisions relating to capacity building, information, dissemination, and replication activities for

provisions relating to pilot projects meeting the employment needs of people.

1986—Subsec. (a). Pub. L. 99–496 designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 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 1502, 1602, 1642,

1644, 1703 of this title; title 20 sections 5934, 6194.
Page 693 TITLE 29—LABOR § 1735

§ 1734. Guidance on eligibility verification

(a) Establishment

The Secretary shall provide guidance and

technical assistance, to States and service delivery areas, relating to the documentation required to verify the eligibility of participants

under parts A, B, and C of subchapter II of this

chapter, particularly the hard-to-serve individuals specified in section 1603(b) of this title and

subsections (b) and (d) of section 1643 of this

title. Such documentation shall, to the extent

practicable, be uniform and standard.

(b) Guidance

The guidance provided pursuant to subsection

(a) of this section, while maintaining program

integrity, shall—

(1) limit the documentation burden to the

minimum necessary to adequately verify such

eligibility; and

(2) ensure, to the extent practicable, that

the documentation requirements shall not discourage the participation of eligible individuals.

(c) Contents

The guidance provided pursuant to subsection

(a) of this section shall specifically address income eligibility, assessment, the determination

regarding whether an individual is a hard-toserve individual, and specific uniform or standardized documentation forms or procedures (including simplified standardized forms, automated intake procedures, and self-certification

documents) and other documentation proxies

(such as Job Corps eligibility forms).

(d) Date

The Secretary shall provide the guidance described in subsection (a) of this section not later

than December 18, 1992.

(Pub. L. 97–300, title IV, §454, as added Pub. L.

102–367, title IV, §403(b), Sept. 7, 1992, 106 Stat.

1084; amended Pub. L. 104–193, title I, §110(n)(12),

Aug. 22, 1996, 110 Stat. 2174.)

PRIOR PROVISIONS

A prior section 1734, Pub. L. 97–300, title IV, §454, Oct.

13, 1982, 96 Stat. 1383; Pub. L. 97–404, §4(c), Dec. 31, 1982,

96 Stat. 2026, related to evaluation of effectiveness of

programs, activities, and projects authorized by this

chapter, prior to repeal by Pub. L. 102–367, title IV,

§403(a)(4), title VII, §701(a), Sept. 7, 1992, 106 Stat. 1084,

1103, effective July 1, 1993.

AMENDMENTS

1996—Subsec. (c). Pub. L. 104–193 struck out ‘‘JOBS

and’’ before ‘‘Job Corps eligibility forms).’’

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.

§ 1735. Uniform reporting requirements

(a) Finding

Congress finds that closer coordination and

more effective use of resources among a variety

of employment and training programs can be facilitated if the programs have common data elements and definitions.

(b) Data elements

The Secretaries of Labor, Education, and

Health and Human Services, in consultation

with other appropriate departments and with

the National Occupational Information Coordinating Committee, shall identify a core set of

consistently defined data elements for employment and training programs, including those

funded under this subchapter and subchapters II

and III of this chapter, the Wagner-Peyser Act

(29 U.S.C. 49 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Act

(20 U.S.C. 2301 et seq.), and title V of the Older

Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(c) Report

The Secretary shall prepare and submit to

Congress not later than January 1, 1994, a report

listing recommended data elements and their

definitions, and containing an analysis of the

benefits of the adoption of the data elements

and definitions.

(d) Consultation

The Secretary shall consult with experts and

practitioners, at the Federal, State, and local

levels and in the various program areas, in fulfilling the requirements of this section. The Secretary shall also consult with the General Accounting Office in fulfilling the requirements of

this section.

(Pub. L. 97–300, title IV, §455, as added Pub. L.

102–367, title IV, §404(a), Sept. 7, 1992, 106 Stat.

1084; amended Pub. L. 104–193, title I, §110(n)(13),

Aug. 22, 1996, 110 Stat. 2174.)

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in subsec. (b), is

act June 6, 1933, ch. 49, 48 Stat. 113, as amended, which

is classified generally to chapter 4B (§49 et seq.) of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 49 of

this title and Tables.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b), is Pub.

L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended, which

is classified generally to chapter 44 (§2301 et seq.) of

Title 20, Education. For complete classification of this

Act to the Code, see Short Title note set out under section 2301 of this Title 20 and Tables.

The Older Americans Act of 1965, referred to in subsec. (b), 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 1735, Pub. L. 97–300, title IV, §455, Oct.

13, 1982, 96 Stat. 1383, related to personnel training and