I

103D CONGRESS

2D SESSION H. R. 5166

To establish a comprehensive program for worker reemployment, to facilitate

the establishment of one-stop career systems to serve as a common

point of access to employment, education, and training information and

services, to establish a national labor market information program, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 4, 1994

Mr. FORD of Michigan (for himself and Mr. WILLIAMS) introduced the

following bill; which was referred to the Committee on Education and Labor

A BILL

To establish a comprehensive program for worker reemployment, to facilitate the establishment of one-stop career

systems to serve as a common point of access to employment, education, and training information and services,

to establish a national labor market information program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Reemployment Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents is

2 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Authorization of appropriations.

Sec. 4. Definitions.

TITLE I—COMPREHENSIVE PROGRAM FOR WORKER

REEMPLOYMENT

Sec. 101. Allotment.

Sec. 102. Recapture and reallotment of unexpended funds.

Sec. 103. Eligibility for services.

Subtitle A—State and Substate Delivery System

Sec. 111. State administration and oversight.

Sec. 112. Designation and functions of State dislocated worker unit.

Sec. 113. Development and maintenance of State and local labor market information program.

Sec. 114. Coordination with worker profiling and retraining income support

programs.

Sec. 115. State grants for areas of special need, populations in need, and special projects.

Sec. 116. Establishment of substate administrative structure.

Sec. 117. Services to be provided to eligible individuals.

Sec. 118. Certificates of continuing eligibility.

Subtitle B—Federal Service Delivery System

Sec. 121. Federal reemployment unit.

Sec. 122. National discretionary grant program.

Sec. 123. Disaster relief employment assistance.

Sec. 124. Evaluation, research, and demonstrations.

Sec. 125. Capacity building and technical assistance.

Sec. 126. Federal bypass authority.

Subtitle C—Performance Standards and Quality Assurance Systems

Sec. 131. Performance standards.

Sec. 132. Customer feedback.

Sec. 133. Eligibility requirements for providers of education and training services.

Subtitle D—Program Requirements

Sec. 141. General requirements.

Sec. 142. Benefits.

Sec. 143. Labor standards.

Sec. 144. Grievance procedure.

Subtitle E—Fiscal Administrative Provisions

Sec. 151. Program year.

Sec. 152. Prompt allocation of funds.

Sec. 153. Monitoring.
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Sec. 154. Fiscal controls and sanctions.

Sec. 155. Reports, recordkeeping, and investigations.

Sec. 156. Administrative adjudication.

Sec. 157. Nondiscrimination.

Sec. 158. Judicial review.

Sec. 159. Administrative provisions.

Sec. 160. Obligational authority.

Subtitle F—Consolidation Provisions

Sec. 171. Repealers.

Sec. 172. Conforming amendments.

Sec. 173. Transition.

TITLE II—ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND

TRAINING

Sec. 201. Purpose.

Subtitle A—Basic System Components

Sec. 211. General requirements.

Sec. 212. Integration of employment and training programs component.

Sec. 213. Customer choice component.

Sec. 214. Universal access component.

Sec. 215. Accountability component.

Subtitle B—Grants to States

Sec. 221. Purpose.

Sec. 222. Authorization.

Sec. 223. Application.

Sec. 224. Review of application.

Sec. 225. Use of amounts.

Sec. 226. Reports.

Subtitle C—Federal Grants to One-Stop Service Areas

Sec. 231. Purpose.

Sec. 232. Authorization.

Sec. 233. Application.

Sec. 234. Review of application.

Sec. 235. Use of amounts.

Sec. 236. Reports.

Subtitle D—Administrative Requirements

Sec. 241. Establishment of substate administrative structure.

Sec. 242. Participating programs.

Sec. 243. Services.

Sec. 244. One-stop service providers.

Sec. 245. Operating agreements.

Sec. 246. Additional State responsibilities.

Sec. 247. State human resource investment council.

Sec. 248. Pooling of administrative resources.

Sec. 249. Labor standards.

Subtitle E—Waiver of Statutory and Regulatory Requirements
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Sec. 251. State, local consortium, and Native American tribal entity requests

and responsibilities for waivers.

Sec. 252. Waiver authority.

Subtitle F—National Programs

Sec. 261. Oversight.

Sec. 262. Performance standards and evaluation.

Sec. 263. Capacity building and technical assistance.

Sec. 264. Interagency task force relating to waiver requests.

TITLE III—NATIONAL LABOR MARKET INFORMATION PROGRAM

FOR STATES AND LOCALITIES

Sec. 301. Purposes.

Sec. 302. National strategy.

Sec. 303. Components of program.

Sec. 304. Coordination.

TITLE IV—TECHNICAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. Sunset.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to better integrate the existing unemploy4 ment system into a comprehensive, universal, high5 quality system for reemployment so that this system

6 can effectively serve structurally unemployed individ7 uals as well as individuals on temporary layoffs;

8 (2) to promote equity and efficiency by consoli9 dating the major Federal programs for dislocated

10 workers into a comprehensive program for all indi11 viduals who have been permanently laid off regard12 less of the cause of dislocation;

13 (3) to facilitate effective, quality training for

14 permanently laid-off workers who want and need

15 such training;
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1 (4) to provide customer-centered, high-quality

2 employment and training services that give dis3 located workers the tools to make informed career

4 and training choices;

5 (5) to provide universal access to basic reem6 ployment services, including assessment of skill lev7 els and service needs, labor market information, and

8 job search assistance;

9 (6) to begin to integrate the current employ10 ment and training system in the United States by

11 replicating and expanding the innovative efforts of

12 States and localities to provide comprehensive, one13 stop reemployment and training systems; and

14 (7) to create a National Labor Market Informa15 tion Program that gives employers, training provid16 ers, students, job seekers, and employees high-qual17 ity and timely data on the local economy, labor mar18 ket, and other occupational information.

19 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

20 (a) TITLE I.—There are authorized to be appro21 priated to carry out title I—

22 (1) $1,465,000,000 for fiscal year 1995; and

23 (2) such sums as may be necessary for each

24 succeeding fiscal year.
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1 (b) TITLES II AND III.—There are authorized to be

2 appropriated to carry out titles II and III—

3 (1) $250,000,000 for each of the fiscal years

4 1995 through 1999; and

5 (2) such sums as may be necessary for each of

6 the fiscal years 2000 through 2003.

7 SEC. 4. DEFINITIONS.

8 For the purposes of this Act, the following definitions

9 apply:

10 (1) COMMUNITY-BASED ORGANIZATIONS.—The

11 term ‘‘community-based organizations’’ has the

12 meaning given such term in section 4(5) of the Job

13 Training Partnership Act (29 U.S.C. 1503(5)).

14 (2) DISPLACED HOMEMAKERS.—The term ‘‘dis15 placed homemakers’’ has the meaning given such

16 term in section 4(29) of the Job Training Partner17 ship Act (29 U.S.C. 1503(29)).

18 (3) EMPLOYER.—

19 (A) IN GENERAL.—The term ‘‘em20 ployer’’—

21 (i) means any person engaged in any

22 activity, business or industry in commerce

23 or affecting commerce that employs an in24 dividual;
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1 (ii) includes any person who acts, di2 rectly or indirectly, in the interest of an

3 employer in relation to any of the employ4 ees of such employer; and

5 (iii) includes any public agency (as de6 fined in section 3(x) of the Fair Labor

7 Standards Act, 29 U.S.C. 203(x)).

8 (B) COMMERCE.—The term ‘‘commerce’’

9 means trade, traffic, commerce, transportation,

10 or communication among the several States, or

11 between the District of Columbia or any Terri12 tory of the United States and any State or

13 other Territory, or between any foreign country

14 and any State, Territory, or the District of Co15 lumbia, or within the district of Columbia or

16 any Territory, or between points in the same

17 State but through any other State or any Terri18 tory or the District of Columbia or any foreign

19 country.

20 (C) AFFECTING COMMERCE.—The term

21 ‘‘affecting commerce’’ means in commerce, or

22 burdening or obstructing commerce or the free

23 flow of commerce.

24 (D) SUCCESSOR EMPLOYER.—An employer

25 is a ‘‘successor employer’’ if, based on the facts
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1 and circumstances, on balance after applying at

2 least the following criteria, and consistent with

3 any regulations promulgated by the Secretary

4 of Labor, the employer has substantially as5 sumed the employment-related responsibilities

6 of another employer:

7 (i) Substantial continuity of the same

8 business operations.

9 (ii) Use of the same plant, common

10 facility, or work site.

11 (iii) Continuity of the work force.

12 (iv) Similarity of jobs and working

13 conditions.

14 (v) Similarity of supervisory person15 nel.

16 (vi) Similarity in machinery, equip17 ment, and productions methods.

18 (vii) Similarity of products or services.

19 (E) TREATMENT OF COMMON EMPLOY20 MENT.—The Secretary of Labor shall promul21 gate regulations regarding responsibilities of

22 employers in the case of common employment

23 of an employee by such employers.

24 (4) GOVERNOR.—The term ‘‘Governor’’ means

25 the chief executive of any State.
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1 (5) LABOR MARKET AREA.—The term ‘‘labor

2 market area’’ has the meaning given such term in

3 section 4(13) of the Job Training Partnership Act

4 (29 U.S.C. 1503(13)).

5 (6) LOCAL ELECTED OFFICIAL.—The term

6 ‘‘local elected official’’ means the chief elected execu7 tive officer of a unit of general local government.

8 (7) NONTRADITIONAL EMPLOYMENT.—The

9 term ‘‘nontraditional employment’’ as applied to

10 women refers to occupations or fields of work where

11 women comprise less than 25 percent of the individ12 uals employed in such occupation or field of work.

13 (8) PRIVATE INDUSTRY COUNCIL.—The term

14 ‘‘private industry council’’ means a private industry

15 council established under section 102 of the Job

16 Training Partnership Act (29 U.S.C. 1512).

17 (9) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Labor.

19 (10) SERVICE DELIVERY AREA.—The term

20 ‘‘service delivery area’’ means an area established

21 under section 101 of the Job Training Partnership

22 Act (29 U.S.C. 1511).

23 (11) SERVICE PROVIDER.—Except as otherwise

24 provided in this Act, the term ‘‘service provider’’

25 means a public agency, private nonprofit organiza-
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1 tion, or private-for-profit entity that provides serv2 ices authorized under this Act.

3 (12) STATE.—

4 (A) TITLE I.—For purposes of title I, the

5 term ‘‘State’’ means any of the several States,

6 the District of Columbia, and the Common7 wealth of Puerto Rico.

8 (B) TITLES II AND III.—For purposes of

9 titles II and III, the term ‘‘State’’ means each

10 of the several States, the District of Columbia,

11 the Commonwealth of Puerto Rico, the Com12 monwealth of the Northern Mariana Islands,

13 American Samoa, Guam, the Virgin Islands, the

14 Federated States of Micronesia, the Republic of

15 the Marshall Islands, and the Republic of

16 Palau.

17 (13) STATE COUNCIL.—The term ‘‘State coun18 cil’’ means a State job training coordinating council

19 established under section 122 of the Job Training

20 Partnership Act (29 U.S.C. 1532).

21 (14) STATE HUMAN RESOURCE INVESTMENT

22 COUNCIL.—The term ‘‘State Human Resource In23 vestment Council’’ means a council established under

24 section 701 of the Job Training Partnership Act (29

25 U.S.C. 1792).
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1 (15) SUBSTATE AREA.—The term ‘‘substate

2 area’’ means a geographic area in a State estab3 lished pursuant to section 116(a).

4 (16) SUBSTATE GRANTEE.—The term ‘‘substate

5 grantee’’ means an agency, organization, or consor6 tium thereof selected to administer programs pursu7 ant to section 116(b).

8 (17) UNIT OF GENERAL LOCAL GOVERN9 MENT.—The term ‘‘unit of general local govern10 ment’’ means any general purpose political subdivi11 sion of a State which has the power to levy taxes

12 and spend funds, as well as general corporate and

13 police powers.

14 TITLE I—COMPREHENSIVE PRO15 GRAM FOR WORKER REEM16 PLOYMENT

17 SEC. 101. ALLOTMENT.

18 (a) ALLOTMENT OF FUNDS.—Of the funds appro19 priated pursuant to section 3(a) for any fiscal year, the

20 Secretary shall—

21 (1) allot 75 percent among the States in ac22 cordance with subsection (b); and

23 (2) reserve 25 percent to carry out subtitle B,

24 subject to the reservation required by subsection (e).

25 (b) ALLOTMENT AMONG STATES.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 the Secretary shall allot the amount available in

3 each fiscal year under subsection (a)(1) on the basis

4 of the following factors:

5 (A) One-third of such amount shall be al6 lotted among the States on the basis of the rel7 ative number of unemployed individuals who re8 side in each State as compared to the total

9 number of unemployed individuals in all the

10 States.

11 (B) One-third of such amount shall be al12 lotted among the States on the basis of the rel13 ative excess number of unemployed individuals

14 who reside in each State as compared to the

15 total excess number of unemployed individuals

16 in all the States. For purposes of this para17 graph, the term ‘‘excess number’’ means the

18 number which represents unemployed individ19 uals in excess of 4.5 percent of the civilian

20 labor force in the State.

21 (C) One-third of such amount shall be al22 lotted among the States on the basis of the rel23 ative number of individuals who have been un24 employed for 15 weeks or more and who reside
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1 in each State as compared to the total number

2 of such individuals in all the States.

3 (2) USE OF DATA RELATING TO PERMANENT

4 LAYOFFS AND PLANT CLOSINGS.—As soon as satis5 factory data are available under section 124(b)(3),

6 the Secretary shall allot the amount available in

7 each fiscal year under subsection (a)(1) as follows:

8 (A) 25 percent of such amount shall be al9 lotted on the basis of each of the factors de10 scribed in subparagraphs (A), (B), and (C) of

11 paragraph (1), respectively, for a total of 75

12 percent of the amount allotted.

13 (B) 25 percent of such amount shall be al14 lotted on the basis of the relative number of

15 dislocated workers who reside in each State as

16 compared to the total number of dislocated

17 workers in all States.

18 (3) LIMITATIONS.—

19 (A) MINIMUM PERCENTAGE.—No State

20 shall be allotted less than 90 percent of its al21 lotment percentage for the fiscal year preceding

22 the fiscal year for which the determination is

23 made.

24 (B) MAXIMUM PERCENTAGE.—No State

25 shall be allotted more than 130 percent of its
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1 allotment percentage for the fiscal year preced2 ing the fiscal year for which the determination

3 is made.

4 (C) ALLOTMENT PERCENTAGE.—

5 (i) IN GENERAL.—Except as provided

6 in clause (ii), for purposes of this para7 graph the allotment percentage of a State

8 for a fiscal year shall be the percentage of

9 funds allotted to the State under this sub10 section.

11 (ii) FISCAL YEAR 1994.—For the pur12 poses of this paragraph, the allotment per13 centage for fiscal year 1994 shall be the

14 percentage of funds allotted to the State

15 under section 302 of the Job Training

16 Partnership Act (29 U.S.C. 1652).

17 (c) RESERVATIONS FOR STATE ACTIVITIES.—

18 (1) IN GENERAL.—The Governor may reserve

19 not more than 30 percent of the amount allotted to

20 the State under subsection (b) for any fiscal year to

21 carry out State activities. Of such amount allotted to

22 the State—

23 (A) not more than 25 percent may be used

24 to carry out State activities under subtitle A of

25 this title; and
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1 (B) not more than 5 percent may be used

2 for the costs of administration of programs au3 thorized under this title, as determined by the

4 Secretary.

5 (2) EXCLUSION OF CERTAIN COSTS.—For pur6 poses of paragraph (1)(B), the term ‘‘costs of ad7 ministration of programs authorized under this

8 title’’ does not include any costs associated with the

9 establishment and operation of the State and local

10 labor market information program under section

11 113.

12 (3) MAINTENANCE OF EFFORT WITH RESPECT

13 TO STATE EMPLOYMENT SERVICE OFFICES.—If

14 amounts reserved under paragraph (1) for a fiscal

15 year are expended for activities of State employment

16 service offices in the State, the Governor shall en17 sure that State funds expended for such activities

18 for such fiscal year are not reduced from the amount

19 of State funds expended for such activities for the

20 1993 fiscal year.

21 (d) WITHIN STATE DISTRIBUTION.—

22 (1) ALLOCATION TO SUBSTATE AREAS.—

23 (A) IN GENERAL.—After determining the

24 amounts to be reserved under subsection (c),

25 the Governor shall allocate the remainder of the
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1 amount allotted to the State under subsection

2 (b) to substate areas to carry out activities au3 thorized under this title based on an allocation

4 formula prescribed by the Governor in accord5 ance with subparagraph (B).

6 (B) ALLOCATION FORMULA.—The alloca7 tion formula prescribed by the Governor shall

8 include the factors described in subsection (b)

9 and such additional objective, measurable, and

10 statistically-valid factors, including farmer11 rancher economic hardship data, as the Gov12 ernor determines to be appropriate. Such for13 mula may be amended by the Governor not

14 more than once for each program year and shall

15 be included in the State plan under section

16 111(b).

17 (2) ADMINISTRATIVE COSTS.—

18 (A) IN GENERAL.—Except as provided in

19 subparagraph (B), not more than 15 percent of

20 the amount allocated to a substate area under

21 paragraph (1) for each program year shall be

22 available for the costs of administration.

23 (B) WAIVER.—

24 (i) IN GENERAL.—A substate grantee

25 may apply to the Governor for a waiver of
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1 the requirement under subparagraph (A),

2 except that any such waiver may not allow

3 more than 20 percent of amount described

4 in such subparagraph to be available for

5 the costs of administration.

6 (ii) APPROVAL.—The Governor may

7 approve a waiver under clause (i) in whole

8 or in part if the substate grantee dem9 onstrates that additional resources are nec10 essary for the effective and efficient admin11 istration of the activities of the substate

12 grantee under this title.

13 (e) RESERVATION FOR THE TERRITORIES.—Of the

14 amount reserved by the Secretary under subsection (a)(2)

15 for any fiscal year, not more than 0.3 percent of such

16 amount shall be allotted among the Commonwealth of the

17 Northern Mariana Islands, American Samoa, Guam, the

18 Virgin Islands, the Federated States of Micronesia, the

19 Republic of the Marshall Islands, and the Republic of

20 Palau to carry out activities authorized under this title.

21 (f) RESERVATIONS FOR NATIONAL ACTIVITIES.—

22 After determining the amounts to be allocated under sub23 section (e), the Secretary shall use the remainder reserved

24 under subsection (a)(2) for fiscal year 1995 and each suc25 ceeding fiscal year in accordance with the following:
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1 (1) Not less than 85 percent shall be available

2 for national discretionary grants under sections 122

3 and 123.

4 (2)(A) Subject to subparagraph (B), not less

5 than 5 percent shall be available for each of the fol6 lowing:

7 (i) Evaluation of program performance, re8 search, and demonstration projects under sec9 tion 124.

10 (ii) Capacity building, staff development

11 and training, and technical assistance under

12 section 125.

13 (B) Not more than 15 percent shall be available

14 for projects and activities under subparagraph (A).

15 SEC. 102. RECAPTURE AND REALLOTMENT OF UNEX16 PENDED FUNDS.

17 (a) GENERAL REALLOTMENT AUTHORITY.—For pro18 gram years beginning July 1, 1996, and thereafter, the

19 Secretary shall, in accordance with the requirements of

20 this section, reallot to eligible States the funds allotted to

21 States from funds appropriated for such program year

22 that are available for reallotment.

23 (b) AMOUNT AVAILABLE FOR REALLOTMENT.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amount available for reallotment is

3 equal to the sum of—

4 (A) the amount by which the unexpended

5 balance of the State allotment at the end of the

6 program year prior to the program year for

7 which the determination under this section is

8 made exceeds 20 percent of such allotment for

9 that prior program year; and

10 (B) the unexpended balance of the State

11 allotment from any program year prior to the

12 program year in which there is such excess.

13 (2) EXCEPTION.—Funds awarded from discre14 tionary funds of the Secretary under subtitle B shall

15 not be included in calculating any of the

16 reallotments described in this section.

17 (c) METHOD OF REALLOTMENT.—

18 (1) IN GENERAL.—The Secretary shall deter19 mine the amount that would be allotted to each eligi20 ble State by using the factors described in section

21 101(b) to allocate among eligible States the amount

22 available pursuant to subsection (b).

23 (2) ELIGIBLE HIGH UNEMPLOYMENT STATES.—

24 The Secretary shall allot to each eligible high unem25 ployment State the amount determined for that
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1 State under the procedure described in paragraph

2 (1).

3 (3) ELIGIBLE STATES.—The Secretary shall, by

4 using the factors described in section 101(b), allot to

5 eligible States the amount available that remains

6 after the allotment required by paragraph (2).

7 (d) STATE PROCEDURES WITH RESPECT TO REAL8 LOTMENT.—The Governor of each State shall prescribe

9 uniform procedures for the expenditure of funds by sub10 state grantees in order to avoid the requirement that

11 funds be made available for reallotment under subsection

12 (b), including procedures which give priority for the real13 lotment of unexpended funds to substate grantees located

14 in substate areas with high unemployment. The Governor

15 shall further prescribe equitable procedures for making

16 funds available from the State and substate grantees in

17 the event that a State is required to make funds available

18 for reallotment under such subsection.

19 (e) DEFINITIONS.—For purposes of this section, the

20 following definitions apply:

21 (1) ELIGIBLE STATE.—The term ‘‘eligible

22 State’’ means a State which has expended at least

23 80 percent of its allotment for the program year

24 prior to the program year for which the determina25 tion under this section is made.
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1 (2) ELIGIBLE HIGH UNEMPLOYMENT STATE.—

2 The term ‘‘eligible high unemployment State’’ means

3 a State—

4 (A) which meets the requirement in sub5 section (c)(1); and

6 (B)(i) as soon as satisfactory data are

7 available under section 124(b)(3), which is

8 among the States in which a higher relative

9 number of dislocated workers reside, as deter10 mined in accordance with such data; or

11 (ii) which is among the States which has

12 an unemployment rate greater than the national

13 average unemployment for the most recent 12

14 months for which satisfactory data are avail15 able.

16 SEC. 103. ELIGIBILITY FOR SERVICES.

17 (a) IN GENERAL.—An individual shall be eligible to

18 receive services under this title if such individual—

19 (1) has been permanently laid off from full20 time, part-time, or seasonal (including migrant and

21 seasonal farmworkers and fishermen) employment

22 within the preceding 12-month period, and—

23 (A) such individual is unlikely to obtain

24 employment in the same or similar occupation
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1 due to obsolete skills or a lack of employment

2 opportunities; or

3 (B) such layoff resulted from any perma4 nent closure or any substantial layoff at a

5 plant, facility, or enterprise;

6 (2) has received a notice that such individual

7 will be permanently laid off, and—

8 (A) such individual is unlikely to obtain

9 employment in the same or similar occupation

10 due to obsolete skills or a lack of employment

11 opportunities; or

12 (B) such layoff will result from any perma13 nent closure or substantial layoff at a plant, fa14 cility, or enterprise;

15 (3) is employed at a facility where the employer

16 has publicly announced that such facility will be

17 closed within one year and such individual is un18 likely to—

19 (A) remain employed with such employer

20 at another location; or

21 (B) retire permanently from the labor

22 force on or before such closure;

23 (4) is long-term unemployed and has limited op24 portunities for employment in the same or similar
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1 occupation in which such individual was previously

2 employed;

3 (5) was self-employed (including farmers, fish4 ermen and ranchers) and is—

5 (A) unemployed as a result of—

6 (i) general economic conditions in the

7 community in which such individual re8 sides; or

9 (ii) a natural disaster; and

10 (B) has limited opportunities for self-em11 ployment in the same or similar occupation;

12 (6) is certified as eligible under the transitional

13 certification of trade impacted workers program au14 thorized under title II of the Reemployment Act of

15 1994 (H.R. 4040 of the 103d Congress, as intro16 duced); or

17 (7) was identified and referred to the program

18 under this title, in accordance with regulations is19 sued by the Secretary, by a State worker profiling

20 system established under section 303(j) of the Social

21 Security Act.

22 (b) DISPLACED HOMEMAKERS.—An individual who is

23 a displaced homemaker shall be eligible to receive services

24 described in section 117(b) and such other services au25 thorized under this title as the substate grantee deter-
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1 mines to be appropriate to provide to such an individual

2 if—

3 (1) the displacement occurred within the pre4 ceding 24-month period;

5 (2) such individual is unemployed; and

6 (3) such individual meets the requirements re7 lating to services provided under this title, other

8 than the requirements under subsection (a).

9 (c) INVOLUNTARILY RETIRED WORKERS.—An indi10 vidual who has retired from employment involuntarily and

11 is unlikely to remain retired from employment shall be eli12 gible to receive services described in section 117(b) and

13 such other services authorized under this title as the sub14 state grantee determines to be appropriate.

15 (d) DEFINITIONS.—For purposes of this section, the

16 following definitions apply:

17 (1) LONG-TERM UNEMPLOYED.—The term

18 ‘‘long-term unemployed’’ means a period of unem19 ployment defined by the Governor, except that such

20 period shall not be less than 15 weeks.

21 (2) PERMANENTLY LAID OFF.—The term ‘‘per22 manently laid off’’ means a layoff under which a re23 call is not expected within 26 weeks.
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1 Subtitle A—State and Substate

2 Delivery System

3 SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.

4 (a) IN GENERAL.—The State shall be responsible for

5 developing and operating administrative and management

6 systems which ensure proper control and accountability

7 for the use of funds, in accordance with the requirements

8 of subtitle E, and the accomplishment of the objectives

9 of this title.

10 (b) STATE PLAN.—The Governor, after consultation

11 with appropriate entities in the State, including local elect12 ed officials, employer associations, community-based orga13 nizations, and labor organizations, shall—

14 (1) prepare and make available, through public

15 hearings, for public comment at least 120 days prior

16 to the beginning of the program year, on biennial

17 basis, a State plan describing the goals and objec18 tives of the program conducted under this title and

19 the strategies and activities to be undertaken to ac20 complish such goals and objectives; and

21 (2) submit to the Secretary, on a biennial basis,

22 such State plan for approval by the Secretary in ac23 cordance with regulations developed by the Sec24 retary.
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1 SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DIS2 LOCATED WORKER UNIT.

3 (a) IN GENERAL.—The Governor shall designate or

4 establish a dislocated worker unit at the State level (here5 after referred to as the ‘‘State dislocated worker unit’’)

6 to carry out the functions described in this section. The

7 Governor shall ensure that the staff of such unit possess

8 specialized expertise in labor-management relations and

9 other matters relevant to the carrying out of the functions

10 described in subsection (b).

11 (b) FUNCTIONS OF UNIT.—

12 (1) RAPID RESPONSE ACTIVITIES.—The State

13 dislocated worker unit shall carry out the following

14 rapid response activities:

15 (A) Receive notices provided pursuant to

16 the Worker Adjustment and Retraining Notifi17 cation Act (29 U.S.C. 2101 et seq.) and collect

18 information identifying the site of other perma19 nent closures and layoffs affecting 50 or more

20 workers and make all such information avail21 able to the public upon request.

22 (B) Establish contact with representatives

23 of the employer, affected workers and affected

24 unions, and affected substate grantees within

25 48 hours of being informed of or otherwise

26 identifying such closure or layoff.
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1 (C) Provide assistance on site (or as near

2 to the site as is practicable if such unit is not

3 permitted on site by the employer) within five

4 working days of being informed of or otherwise

5 identifying such closure or layoff (unless rep6 resentatives of the affected workers agree to

7 defer the commencement of assistance), includ8 ing—

9 (i) the provision of information relat10 ing to, and assistance in obtaining access

11 to, available programs and services;

12 (ii) the provision of appropriate reem13 ployment services on an emergency basis;

14 (iii) the provision of basic reemploy15 ment services in a group setting; and

16 (iv) the provision of information on

17 the potential rights and remedies available

18 under the Worker Adjustment and Re19 training Notification Act (29 U.S.C. 2101

20 et seq.).

21 (D) Promote the formation of worker-man22 agement transition assistance committees,

23 which meet the requirements of subsection (d),

24 by—
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1 (i) providing immediate assistance in

2 the establishment of such committees, in3 cluding—

4 (I) providing immediate financial

5 assistance to cover startup costs of

6 the committee;

7 (II) providing a list of individuals

8 from which the chairperson of the

9 committee may be selected; and

10 (III) requesting the list of com11 mittee members from the employer

12 and union, or providing assistance in

13 the selection of worker representa14 tives, to be selected by the workers, in

15 the event no union is present; and

16 (ii) providing technical assistance in

17 the development by such committees of a

18 strategy for assessing the employment and

19 training needs of each affected worker and

20 for obtaining the services and assistance

21 necessary to meet those needs, which may

22 include—

23 (I) providing technical advice as

24 well as information on sources of as25 sistance; and
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1 (II) serving as liaison with other

2 public and private services and pro3 grams.

4 (E) Prepare an action plan for the provi5 sion of reemployment and training services to

6 eligible individuals, including group counseling,

7 preliminary assessments, and labor market in8 formation, which may include assistance in

9 planning for the establishment of an on-site

10 transition center described in section 115(d).

11 (2) INFORMATION COLLECTION AND DISSEMI12 NATION ACTIVITIES.—The State dislocated worker

13 unit shall carry out the following information collec14 tion and dissemination activities using, to the extent

15 practicable, telecommunications and computer tech16 nology:

17 (A) Provide to employers and employees

18 throughout the State information relating to

19 the Worker Adjustment and Retraining Notifi20 cation Act (29 U.S.C. 2101 et seq.), including

21 the requirements under such Act, and informa22 tion relating to the eligibility requirements and

23 services and benefits available under this title

24 using labor organizations and other appropriate

25 entities for such dissemination.
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1 (B) Collect information relating to—

2 (i) economic dislocation, including po3 tential closings and layoffs and the impact

4 of closures and layoffs to which such unit

5 has responded; and

6 (ii) available programs and resources

7 within the State to serve affected workers.

8 (C) Disseminate the information collected

9 pursuant to subparagraph (B) to the Governor

10 to assist in providing an adequate information

11 base for effective program management, review,

12 and evaluation.

13 (D) Disseminate information throughout

14 the State on the services and activities carried

15 out by the State dislocated worker unit.

16 (3) PROGRAM SUPPORT ACTIVITIES.—The State

17 dislocated unit shall carry out the following program

18 support activities:

19 (A) Provide technical assistance and advice

20 to substate grantees.

21 (B) Work with employers and representa22 tives of employees in promoting labor-manage23 ment cooperation to achieve the objectives of

24 this title.
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1 (C) Assist each local community affected

2 by a mass layoff or plant closing in developing

3 and implementing an adjustment plan, includ4 ing assistance in obtaining access to State eco5 nomic development assistance.

6 (4) COORDINATION ACTIVITIES.—The State dis7 located worker unit shall, using telecommunications

8 and computer technology to the extent practicable,

9 exchange information and coordinate programs

10 with—

11 (A) the appropriate economic development

12 agency for the purpose of identifying potential

13 layoffs and for the purpose of developing strate14 gies to avert plant closings or mass layoffs and

15 to accelerate the reemployment of dislocated

16 workers;

17 (B) State education, training, and social

18 services programs;

19 (C) State labor federations;

20 (D) State-level general purpose business

21 organizations;

22 (E) the agency responsible for the Bureau

23 of Labor Statistics Federal/State cooperative

24 program and the State Occupational Informa25 tion Coordinating Committee; and
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1 (F) all other programs available to assist

2 dislocated workers, including the State employ3 ment security agency, the unemployment insur4 ance system, and student financial aid pro5 grams.

6 (c) COORDINATION WITH SUBSTATE GRANTEES.—In

7 carrying out this section, the State dislocated worker unit

8 shall coordinate its actions with affected substate grant9 ees.

10 (d) WORKER-MANAGEMENT TRANSITION ASSIST11 ANCE COMMITTEES.—The worker-management transition

12 assistance committees promoted by the State dislocated

13 worker unit pursuant to subsection (b)(1)(D) shall, to the

14 extent practicable, include the following:

15 (1) Shared and equal participation by workers

16 (and their union representatives, where a collective

17 bargaining agreement exists, or worker representa18 tives, where no such agreement exists) and manage19 ment, which may include participation from commu20 nity representatives, as appropriate.

21 (2) Shared financial participation between the

22 employer and the State, using funds provided under

23 this title in paying for the operating expenses of the

24 committee.
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1 (3) A chairperson, to oversee and guide the ac2 tivities of the committee, who shall—

3 (A) be jointly selected by the worker and

4 management representatives of the committee;

5 (B) not be employed or under contract

6 with or members of the immediate family of

7 labor or management at the site; and

8 (C) provide advice and leadership to the

9 committee and prepare a report on its activities.

10 (4) A formal agreement, terminated at will by

11 the workers or management, and terminated for

12 cause by the Governor.

13 (e) COVERAGE OF LAYOFFS.—The Governor shall, to

14 the extent practicable, authorize the provision of the rapid

15 response activities described in subsection (b)(1) to layoffs

16 of less than 50 workers if such layoffs are determined by

17 the Governor to have a significant adverse economic im18 pact on a local community.

19 (f) RESPONSIBILITY RELATING TO RAPID RESPONSE

20 ASSISTANCE ACTIVITIES.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the State shall not transfer the respon23 sibility of the State dislocated worker unit for the

24 rapid response assistance activities described in sub25 section (b)(1) to another entity.
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1 (2) EXCEPTION.—The State may carry out the

2 rapid response assistance activities described in sub3 section (b)(1) through agreement, grant, contract, or

4 other arrangement with another entity, such as a

5 substate grantee or a labor organization.

6 (g) FEDERAL OVERSIGHT OF RAPID RESPONSE AC7 TIVITIES.—The Secretary shall oversee the administration

8 by each State of the rapid response assistance activities

9 carried out in such State and evaluate the effectiveness,

10 efficiency, and timeliness of such activities. The Secretary

11 may establish performance standards relating to such ac12 tivities. If the Secretary determines that such activities are

13 not being carried out adequately, the Secretary shall im14 plement appropriate corrective action.

15 SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE

16 AND LOCAL LABOR MARKET INFORMATION

17 PROGRAM.

18 (a) IN GENERAL.—In furtherance of the national

19 strategy described in section 302 to establish a nationwide

20 system of effective State and local labor market informa21 tion, the Governor shall identify, or establish, and main22 tain a comprehensive labor market information program

23 in the State that—

24 (1) collects, uses, exchanges, and disseminates

25 quality labor market information that will enhance
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1 the employment opportunities available to perma2 nently laid off workers and other individuals seeking

3 employment and will enhance the ability of busi4 nesses to locate skilled workers in their employment

5 efforts;

6 (2) enhances the activities and products of the

7 agency responsible for the Bureau of Labor Statis8 tics Federal/State cooperative program; and

9 (3) makes needed improvements or adjustments

10 in current labor market information programs to

11 meet local and State labor market needs.

12 (b) CONTENTS.—The labor market information de13 scribed in subsection (a)(1) shall include the information

14 specified in section 303(b) relating to the national labor

15 market information program.

16 (c) STANDARDS FOR INFORMATION COLLECTION AND

17 DISSEMINATION.—The Governor shall ensure that data

18 collection and dissemination systems are developed in ac19 cordance with the technical standards specified in section

20 303(c) relating to the national labor market information

21 program.

22 (d) COORDINATION OF DATA COLLECTION AND SUR23 VEY CONSOLIDATION.—Consistent with the technical

24 standards specified in section 303(c), the Governor shall

25 ensure, to the extent feasible, that—
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1 (1) automated technology will be used in data

2 collection and dissemination;

3 (2) the State dislocated worker unit and the

4 substate grantees under this title have timely access

5 to and exchange information relating to quality labor

6 market information;

7 (3) administrative records are designed to re8 duce paperwork; and

9 (4) administrative data and multiple surveys

10 available for disclosure are shared or consolidated to

11 reduce duplication of recordkeeping of State and

12 local agencies.

13 (e) DESIGN OF STATE PROGRAM AND GOVERNOR’S

14 RESPONSIBILITIES.—The Governor shall—

15 (1) through the agency responsible for the Bu16 reau of Labor Statistics Federal/State cooperative

17 programs, be responsible for oversight and manage18 ment of that State’s program for a comprehensive

19 nationwide system of State and local labor market

20 information that—

21 (A) meets the requirements of this section;

22 (B) provides such training and technical

23 assistance necessary to facilitate the collection

24 of data and the dissemination of information

25 through the programs assisted under this title;
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1 (C) carries out the cooperative agreements

2 authorized in section 303;

3 (D) conducts research, evaluation, and

4 demonstration projects designed to make im5 provements in the statewide labor market infor6 mation program; and

7 (E) participates in the Federal/State advi8 sory structure for the nationwide labor market

9 information program and review of the nation10 wide labor market information annual strategic

11 plan;

12 (2) designate a State agency or body to be re13 sponsible for—

14 (A) coordinating various State agencies re15 sponsible for collection and dissemination of

16 labor market, educational, occupational, and

17 other related information at the State and local

18 level to support design, development, and imple19 mentation of the comprehensive labor market

20 information program; and

21 (B) ensuring agency collaboration in the

22 design, development, utilization, and delivery of

23 labor market and occupational information

24 products and services, including training, that
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1 addresses the needs of Federal, State, and local

2 customers; and

3 (3) ensure that the State will develop, maintain,

4 and improve a comprehensive system which shall—

5 (A) include the components specified in

6 section 303;

7 (B) be responsive to the needs of the State

8 and its localities for planning, economic analy9 sis, and projections, as required by—

10 (i) this Act;

11 (ii) the Job Training Partnership Act

12 (29 U.S.C. 1501 et seq.);

13 (iii) the Carl D. Perkins Vocational

14 and Applied Technology Education Act (20

15 U.S.C. 2301 et seq.);

16 (iv) the School-to-Work Opportunities

17 Act of 1994 (20 U.S.C. 6101 et seq.);

18 (v) title III of the Social Security Act;

19 and

20 (vi) other provisions of Federal law

21 that require the use of labor market infor22 mation; and

23 (C) meet the Federal standards under

24 chapter 35 of title 44, United States Code, and
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1 other appropriate standards established by the

2 Secretary of Labor;

3 (4) ensure the performance of contract and

4 grant responsibilities for data collection, analysis,

5 and dissemination;

6 (5) conduct such other data collection, analysis,

7 and dissemination activities as will ensure com8 prehensive State and local labor market information;

9 and

10 (6) not be limited by the requirements con11 tained in this Act in conducting additional data col12 lection, analysis, and dissemination activities with

13 State funds or with Federal funds from sources

14 other than this Act.

15 (f) COORDINATION OF RESOURCES.—The Governor

16 shall coordinate the activities carried out under this title

17 with the labor market information activities carried out

18 in collaboration with both the agency responsible for the

19 Bureau of Labor Statistics Federal/State cooperative pro20 gram and the State body or agency responsible for labor

21 market information in subsection (e)(2), pursuant to other

22 Federal laws and with the national labor market informa23 tion program described in title III. In developing and

24 maintaining the program described under this section, the

25 Governor shall use funds that are authorized under this
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1 Act for the labor market information program, and from

2 programs such as the Job Training Partnership Act (29

3 U.S.C. 1501 et seq.), the Wagner-Peyser Act, the School4 to-Work Opportunities Act, and the Carl D. Perkins Voca5 tional and Applied Technology Education Act that require

6 labor market information as noted in section 302(a). For

7 purposes of consistency and efficiency, the Governor shall

8 ensure that the comprehensive State and local labor mar9 ket information program established under title III shall

10 be used for employment, education, and training programs

11 that have a labor market information component.

12 (g) METHODS OF COLLECTION AND DISSEMINA13 TION.—In order to facilitate the collection and dissemina14 tion of the data described in subsection (b), the Governor

15 shall—

16 (1) identify and utilize cost-effective methods

17 for obtaining such data as are necessary to carry out

18 this section which, notwithstanding any other provi19 sion of law, may include access to earnings records,

20 State employment security records, records collected

21 under the Federal Insurance Contributions Act

22 (chapter 21 of the Internal Revenue Code of 1986),

23 records collected under the program of aid to fami24 lies with dependent children under part A of title IV

25 of the Social Security Act, secondary and post-sec-
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1 ondary education records, and similar records or

2 measures, with appropriate safeguards to protect the

3 confidentiality of the information obtained, including

4 safeguards to maintain such information in the pub5 lic control; and

6 (2) publish and make available labor market

7 and occupational supply and demand information

8 and career information to State agencies, public

9 agencies, libraries, employers, and individuals who

10 are in the process of making career choices.

11 SEC. 114. COORDINATION WITH WORKER PROFILING AND

12 RETRAINING INCOME SUPPORT PROGRAMS.

13 (a) WORKER PROFILING.—The Governor shall co14 ordinate programs under this title with the worker

15 profiling system authorized under title III of the Social

16 Security Act. Such coordination shall include methods for

17 ensuring the prompt referral, in accordance with regula18 tions issued by the Secretary of the claimants identified

19 under such profiling system to substate grantees author20 ized under this title, and the sharing of relevant informa21 tion.

22 (b) RETRAINING INCOME SUPPORT.—The Governor

23 shall coordinate programs under this title with the retrain24 ing income support program authorized under part A of
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1 title II of the Reemployment Act of 1994 (H.R. 4040 of

2 103d Congress, as introduced).

3 SEC. 115. STATE GRANTS FOR AREAS OF SPECIAL NEED,

4 POPULATIONS IN NEED, AND SPECIAL

5 PROJECTS.

6 (a) AUTHORIZATION.—

7 (1) IN GENERAL.—The Governor may award

8 grants to eligible entities described in paragraph

9 (2)—

10 (A) to provide the services authorized

11 under section 117 to eligible individuals in ac12 cordance with subparagraphs (A) and (B) of

13 subsection (c)(1);

14 (B) to provide the services authorized

15 under section 117 to other unemployed individ16 uals with barriers to employment in accordance

17 with subsection (c)(3)(C); and

18 (C) to conduct statewide, regional, or in19 dustry-wide projects.

20 (2) ELIGIBLE ENTITIES.—The following entities

21 shall be eligible to receive grants under paragraph

22 (1):

23 (A) Substate grantees.

24 (B) Employers and employer associations,

25 including private industry councils.
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1 (C) Transition assistance committees and

2 other employer-employee entities.

3 (D) Labor organizations.

4 (E) Industry consortia.

5 (F) Appropriate State agencies.

6 (G) Community-based organizations.

7 (H) Institutions of higher education.

8 (I) Entities providing adult education, as

9 defined in section 312(2) of the Adult Edu10 cation Act.

11 (J) Entities providing vocational education,

12 as defined in section 521(41) of the Carl D.

13 Perkins Vocational and Applied Technology

14 Education Act.

15 (3) LIMITATION.—Not more than 10 percent of

16 the amount reserved by the Governor under section

17 101(c)(1)(A) to carry out State activities under this

18 subtitle for any fiscal year may be used by the Gov19 ernor to award grants under paragraph (1)(B) for

20 such fiscal year.

21 (b) APPLICATION.—The Governor may provide a

22 grant to an eligible entity under subsection (a) only if the

23 entity submits to the Governor an application which con24 tains such information as the Governor may reasonably

25 require.
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1 (c) USE OF AMOUNTS.—

2 (1) IN GENERAL.—An eligible entity shall use

3 amounts received from a grant under subsection (a)

4 to carry out 1 or more of the following activities ei5 ther directly or through contracts:

6 (A) To provide the services authorized

7 under section 117 to eligible individuals in

8 areas of the State experiencing substantial in9 creases in the number of eligible individuals due

10 to plant closures, base closures, or mass layoffs.

11 (B) To improve the delivery of services au12 thorized under section 117 to eligible individ13 uals, which may include the delivery of such

14 services through the establishment of on-site

15 transition centers in accordance with subsection

16 (d).

17 (C) To provide the services authorized

18 under section 117 to other unemployed individ19 uals with barriers to employment who are un20 derserved, including displaced homemakers,

21 older workers, veterans, individuals with disabil22 ities, and individuals with limited English pro23 ficiency, as determined by the Governor.

24 (2) LIMITATION.—An eligible entity may use

25 not more than 15 percent of the amount received
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1 from a grant under subsection (a) for the cost of ad2 ministration of the activities described in paragraph

3 (1).

4 (d) ON-SITE TRANSITION CENTERS.—

5 (1) IN GENERAL.—The eligible entity may es6 tablish 1 or more on-site transition centers that

7 meet the requirements of paragraph (2) to provide

8 the services authorized under section 117 to eligible

9 individuals.

10 (2) REQUIREMENTS.—An on-site transition cen11 ter described in this paragraph is a center that—

12 (A) is located at the site of a plant closure,

13 base closure, or mass layoff for the purpose of

14 providing reemployment services to eligible indi15 viduals affected by such layoff or closure;

16 (B) includes, to the extent practicable, sub17 stantial funding from sources other than public

18 funds;

19 (C) is operated with the concurrence and

20 participation of affected workers and their rep21 resentatives and the affected employer, includ22 ing the worker-management transition assist23 ance committee established in accordance with

24 section 112(d), if such committee is established;

25 and
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1 (D) provides the reemployment services de2 scribed in subsections (b) and (c) of section 117

3 directly or through contracts with other entities,

4 such as outplacement agencies.

5 SEC. 116. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE

6 STRUCTURE.

7 (a) DESIGNATION OF SUBSTATE AREAS.—

8 (1) IN GENERAL.—The Governor of each State

9 shall, after consultation with the State council and

10 local elected officials, designate substate areas for

11 the State in accordance with this subsection.

12 (2) FACTORS TO BE CONSIDERED IN DESIGNAT13 ING SUBSTATE AREAS.—In making designations of

14 substate areas under paragraph (1), the Governor

15 shall consider—

16 (A) the availability of services throughout

17 the State;

18 (B) the capability to coordinate the deliv19 ery of services with other job training, human

20 services, and economic development programs;

21 and

22 (C) the geographic boundaries of labor

23 market areas within the State.

24 (3) SERVICE DELIVERY AREAS.—
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Governor—

3 (i) shall designate as a substate area

4 any service delivery area that—

5 (I) has a population of 200,000

6 or more; and

7 (II) requests such designation;

8 (ii) shall, subject to subparagraph (C),

9 designate as a substate area any two or

10 more contiguous service delivery areas

11 that—

12 (I) in the aggregate have a popu13 lation of 200,000 or more; and

14 (II) request such designation;

15 and

16 (iii) shall designate as a substate area

17 any concentrated employment program

18 grantee for a rural area described in sec19 tion 101(a)(4)(A)(iii) of the Job Training

20 Partnership Act (29 U.S.C.

21 1511(a)(4)(A)(iii)).

22 (B) SPECIAL RULE.—Each service delivery

23 area within a State shall be included within a

24 substate area or designated as a substate area
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1 and no service delivery area shall be divided

2 among two or more substate areas.

3 (C) LIMITATION.—The Governor may not

4 designate as a substate area any two or more

5 contiguous service delivery areas under sub6 paragraph (A)(ii) if the Governor determines

7 that such designation would not be consistent

8 with the effective delivery of services to individ9 uals eligible for assistance under this title in

10 various labor market areas (including urban

11 and rural areas) within the State, or would not

12 otherwise be appropriate to carry out the pur13 poses of this title.

14 (4) POPULATION REQUIREMENT.—The Gov15 ernor may approve a request to be a substate area

16 from any unit of general local government or consor17 tium of contiguous units of general local govern18 ment, without regard to population, which serves a

19 substantial portion of a labor market area.

20 (5) SUBSTATE AREAS DESIGNATED UNDER JOB

21 TRAINING PARTNERSHIP ACT.—The Governor may

22 designate as a substate area an area designated as

23 a substate area under section 312 of the Job Train24 ing Partnership Act (29 U.S.C. 1661a) prior to the
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1 date of the enactment of this Act if such area meets

2 the requirements of this subsection.

3 (6) REVISION OF DESIGNATIONS.—The Gov4 ernor may not revise the designations made under

5 this subsection more than once every four years, ex6 cept for good cause, as determined by the Governor.

7 (7) INCENTIVE GRANTS TO ENCOURAGE FORMA8 TION OF SUBSTATE AREAS.—From the funds re9 served under section 101(c)(1), the Governor may

10 provide incentive grants to encourage the formation

11 of substate areas that are based on labor market

12 areas.

13 (b) DESIGNATION OF SUBSTATE GRANTEES.—

14 (1) AGREEMENT.—

15 (A) IN GENERAL.—A substate grantee

16 shall be designated, on a quadrennial basis, for

17 each substate area in accordance with an agree18 ment among the Governor, the local elected offi19 cial or officials of such area, and the private in20 dustry council or councils of such area.

21 (B) MULTIPLE OFFICIALS.—If a substate

22 area is represented by more than one such offi23 cial or council, the respective officials and coun24 cils shall each designate representatives, in ac25 cordance with procedures established by the
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1 Governor (after consultation with the State

2 council), to negotiate such agreement.

3 (C) ABSENCE OF AGREEMENT.—In the

4 event agreement cannot be reached on the selec5 tion of a substate grantee, the Governor shall

6 select the substate grantee.

7 (2) ELIGIBILITY.—Entities eligible for designa8 tion as substate grantees include—

9 (A) private industry councils in the sub10 state area;

11 (B) service delivery area grant recipients

12 or administrative entities under the Job Train13 ing Partnership Act (29 U.S.C. 1501 et seq.);

14 (C) private nonprofit organizations;

15 (D) units of general local government in

16 the substate area or agencies of such units;

17 (E) local offices of State agencies;

18 (F) other public agencies, such as commu19 nity colleges and area vocational schools; and

20 (G) consortia of the entities described in

21 subparagraphs (A) through (F).

22 (c) FUNCTIONS OF SUBSTATE GRANTEES.—

23 (1) IN GENERAL.—A substate grantee des24 ignated under subsection (b) shall—
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1 (A) receive and administer funds allocated

2 to the substate area, including the administra3 tion of payments to service providers in accord4 ance with section 117(d)(2);

5 (B) provide the services described in sec6 tion 117, directly or through contract, grant, or

7 agreement with service providers, to individuals

8 eligible for services under this title;

9 (C) conduct oversight and monitoring of

10 the program carried out within the substate

11 area; and

12 (D) prepare and make publicly available a

13 biennial written plan describing the objectives

14 to be accomplished and the activities to be un15 dertaken under this title in the substate area.

16 (2) SUBMISSION OF BIENNIAL WRITTEN

17 PLAN.—

18 (A) IN GENERAL.—A substate grantee

19 shall submit the biennial written plan described

20 in paragraph (1)(D) to the Governor for ap21 proval in accordance with this paragraph.

22 (B) REVIEW, APPROVAL, AND SUBMISSION

23 BY APPROPRIATE OFFICIALS.—

24 (i) REVIEW AND APPROVAL.—Prior to

25 submitting the plan to the Governor under
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1 subparagraph (A), the substate grantee

2 shall—

3 (I) allow the public to review the

4 plan and submit to the substate

5 grantee comments on the plan

6 through public hearings;

7 (II) allow the private industry

8 council or councils, labor organiza9 tions, and local educational agencies

10 and other public agencies located

11 within the substate area to review the

12 plan and submit to the substate

13 grantee comments on the plan; and

14 (III) obtain the approval of such

15 plan by the appropriate chief elected

16 official or officials specified in section

17 103(c) of the Job Training Partner18 ship Act (29 U.S.C. 1513(c)).

19 (ii) SUBMISSION.—Such plan shall be

20 submitted by the substate grantee in con21 junction with the official or officials de22 scribed in clause (i)(III).
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1 SEC. 117. SERVICES TO BE PROVIDED TO ELIGIBLE INDI2 VIDUALS.

3 (a) IN GENERAL.—Funds allocated to substate areas

4 pursuant to section 101(d) may be used to provide—

5 (1) basic reemployment services in accordance

6 with subsection (b);

7 (2) intensive reemployment services in accord8 ance with subsection (c);

9 (3) education and training services in accord10 ance with subsection (d);

11 (4) retraining income support in accordance

12 with subsection (e); and

13 (5) supportive services in accordance with sub14 section (f).

15 (b) BASIC REEMPLOYMENT SERVICES.—Each sub16 state grantee shall make available to eligible individuals

17 the following basic reemployment services:

18 (1) Outreach and provision of information to

19 make individuals aware of, and encourage the use of,

20 reemployment and training services, including efforts

21 to expand awareness of training and placement op22 portunities for hard-to-serve individuals such as indi23 viduals with limited English proficiency, individuals

24 with disabilities, older workers, and displaced home25 makers.
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1 (2) Intake and determination of eligibility for

2 assistance under this title.

3 (3) Orientation with respect to appropriate in4 formation and services.

5 (4) Assistance in filing an initial claim for un6 employment compensation through the official claims

7 filing process of the State employment security agen8 cy.

9 (5) A preliminary assessment of the skill levels

10 (including appropriate testing) and service needs of

11 such individuals, which may include such factors as

12 basic skills, occupational skills, prior work experi13 ence, employability, interests, aptitudes, and sup14 portive service needs. Such individuals may, based

15 upon such preliminary assessment, be immediately

16 referred to receive intensive reemployment services

17 under subsection (c).

18 (6) Information relating to local, regional, and

19 national labor markets from the State and local

20 labor market information system under section 113,

21 including—

22 (A) job vacancy listings in such markets;

23 and
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1 (B) information relating to local occupa2 tions in demand and the earnings and skill re3 quirements for such occupations.

4 (7) Job search assistance, including resume and

5 interview preparation, and workshops.

6 (8) Job referral and job placement assistance.

7 (9) Information relating to education and job

8 training programs, including the eligibility require9 ments of and services provided by such programs,

10 the availability and quality of such programs, and

11 student financial assistance available for such pro12 grams.

13 (10) Assistance in evaluating whether such indi14 viduals are likely to be eligible for any employment

15 and training programs administered by the Sec16 retary other than programs under this title.

17 (11) Information collected pursuant to the per18 formance standards and quality assurance require19 ments contained in subtitle C.

20 (12) Information relating to programs and pro21 viders of dependent care and other supportive serv22 ices available in the local area.

23 (13) Group counseling, which may include peer

24 counseling, and which shall be available to such indi25 viduals jointly with their immediate families, includ-
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•HR 5166 IH

1 ing group counseling relating to stress management

2 and financial management.

3 (14) Soliciting and accepting job orders submit4 ted by employers in the substate area, and referring

5 individuals in accordance with such orders.

6 (15) Information on nontraditional training and

7 placement opportunities.

8 (c) INTENSIVE REEMPLOYMENT SERVICES.—

9 (1) IN GENERAL.—Each substate grantee shall

10 make available, to eligible individuals who have re11 ceived basic reemployment services under subsection

12 (b) and who have been unable to obtain employment

13 through such services, and to individuals who have

14 been immediately referred to receive intensive reem15 ployment services in accordance with subsection

16 (b)(5), intensive reemployment services which shall

17 include the following services:

18 (A) Comprehensive and specialized assess19 ments of the skill levels and service needs of in20 dividuals, which may include—

21 (i) diagnostic testing and other assess22 ment tools; and

23 (ii) in-depth interviewing and evalua24 tion to identify employment barriers and

25 appropriate employment goals.
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1 (B) The development of an individual re2 employment plan, which shall identify the em3 ployment goal (including, in appropriate cir4 cumstances, nontraditional employment), appro5 priate achievement objectives, and the appro6 priate combination of services for a participant

7 to achieve the employment goal.

8 (C) Individualized counseling and career

9 planning, including peer counseling and coun10 seling and planning relating to nontraditional

11 employment opportunities.

12 (D) Case management for individuals re13 ceiving education, training, and supportive serv14 ices.

15 (E) Assistance in the selection of education

16 and training providers.

17 (F) Assistance in obtaining income support

18 for which individuals are eligible, including stu19 dent financial assistance, to enable such individ20 uals to participate in training.

21 (2) OPTIONAL SERVICES.—In providing inten22 sive reemployment services to eligible individuals

23 under paragraph (1), a substate grantee may pro24 vide the following services:

25 (A) Job development.
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1 (B) Out-of-area job search allowances.

2 (C) Relocation allowances.

3 (D) Follow-up counseling for individuals

4 placed in training or employment.

5 (3) REEMPLOYMENT PLAN.—

6 (A) JOINT DEVELOPMENT.—The individual

7 reemployment plan described in paragraph

8 (1)(B) shall be developed jointly by the eligible

9 individual and a career counselor. Both parties

10 shall sign the plan and periodically review the

11 progress of the individual in achieving the ob12 jectives set forth in the plan. In the event of a

13 disagreement over the content of the plan, the

14 eligible individual shall be provided an oppor15 tunity to appeal the career counselor’s rec16 ommendation pursuant to section 144.

17 (B) EMPLOYMENT GOAL.—The employ18 ment goal identified under an individual reem19 ployment plan described under paragraph

20 (1)(B) shall relate to employment in an occupa21 tion for which there is a demand in the local

22 area, or in another area to which the individual

23 is willing to relocate.

24 (C) PROHIBITION ON PRIVATE ACTIONS.—

25 Nothing in this section shall be construed to es-
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•HR 5166 IH

1 tablish a right for an individual to bring a pri2 vate action to obtain the services described in

3 the individual reemployment plan.

4 (d) EDUCATION AND TRAINING.—

5 (1) AVAILABLE SERVICES.—Each substate

6 grantee shall make available to eligible individuals

7 who have an individual reemployment plan developed

8 pursuant to subsection (c)(1)(B)—

9 (A) education and training services, includ10 ing—

11 (i) basic skills training, including re12 medial education, literacy training, and

13 English-as-a-second language instruction;

14 (ii) occupational skills training, in15 cluding nontraditional training, provided

16 either in a classroom or on-the-job; and

17 (iii) other skills-based education and

18 training that such grantee considers appro19 priate, including skills upgrading, entre20 preneurial training, and training in skills

21 required for high performance work orga22 nizations, such as problem solving and

23 skills related to the use of new tech24 nologies;
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1 (B) a list of appropriate eligible service

2 providers who provide such education and train3 ing services;

4 (C) a description of the education and

5 training courses available from such service pro6 viders; and

7 (D) performance data relating to such

8 service providers.

9 (2) REFERRALS.—An eligible individual who

10 has an individual reemployment plan developed pur11 suant to subsection (c)(1)(B) that specifies edu12 cation and training services as being necessary to

13 the reemployment of such individual shall, in con14 sultation with a career counselor, select an eligible

15 service provider for such services from the list of

16 service providers described in paragraph (1). The

17 substate grantee (or any agency designated by such

18 grantee) shall refer such individual to such eligible

19 service providers and arrange for payment to the

20 provider for the services provided consistent with the

21 limitation described in paragraph (5).

22 (3) ELIGIBLE SERVICE PROVIDERS.—For the

23 purposes of this subsection, the term ‘‘eligible serv24 ice provider’’ means a service provider, as defined in
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1 section 4(11) of this Act, that meets the eligibility

2 requirements of section 133.

3 (4) CONTRACT EXPECTATIONS.—Education and

4 training services authorized under this title may be

5 provided pursuant to a contract for services between

6 the substate grantee and an eligible service provider

7 in lieu of the referral procedures described in para8 graph (2) if such services—

9 (A) are customized by a provider to meet

10 the particular needs of a specific group of eligi11 ble individuals in the substate area; or

12 (B) are on-the-job training provided by an

13 employer.

14 (5) RELATIONSHIP TO STUDENT FINANCIAL AS15 SISTANCE.—(A) For purposes of determining a stu16 dent’s need for grant, loan, or work assistance under

17 title IV of the Higher Education Act of 1965, the

18 funds provided to a participant for education and

19 training under this subsection shall be considered to

20 be estimated financial assistance not received under

21 such title IV for the purpose of section 471(3) of

22 such Act.

23 (B) Nothing in this Act shall be construed to

24 modify the eligibility requirements applicable to stu-
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1 dents, programs of study, or institutions of higher

2 education under title IV of such Act.

3 (6) APPROVED TRAINING.—

4 (A) RELATIONSHIP TO INCOME SUPPORT

5 PROGRAM.—For the purposes of the program

6 authorized under part A of title II of the Reem7 ployment Act of 1994 (H.R. 4040 of the 103d

8 Congress, as introduced) the substate grantee

9 shall be considered an agency certified by the

10 Secretary to develop a reemployment plan.

11 (B) RELATIONSHIP TO UNEMPLOYMENT

12 COMPENSATION.—An eligible individual partici13 pating in education and training services under

14 this title shall be deemed to be in training with

15 the approval of the State agency for the pur16 poses of section 3304(a)(8) of the Internal Rev17 enue Code of 1986.

18 (7) ON-THE-JOB TRAINING.—The provisions of

19 paragraphs (5) and (6) shall not apply to on-the-job

20 training provided under this title. Such on-the-job

21 training shall be provided consistent with the limita22 tions described in section 141(d).

23 (e) RETRAINING INCOME SUPPORT.—

24 (1) IN GENERAL.—Individuals receiving edu25 cation and training services under subsection (d)
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1 who meet the requirements for receiving retraining

2 income support under the program under part A of

3 title II of the Reemployment Act of 1994 (H.R.

4 4040 of the 103d Congress, as introduced) shall be

5 referred to such program for such support. For pro6 gram years 1995 through 1999, individuals who do

7 not meet the requirements of such program but who

8 meet the requirements of paragraph (2) shall, to the

9 extent appropriated funds are available, be provided

10 retraining income support in accordance with this

11 subsection.

12 (2) ELIGIBILITY.—An individual shall, to the

13 extent appropriated funds are available, be provided

14 retraining income support in accordance with this

15 subsection if such individual—

16 (A) has been permanently laid off;

17 (B) either—

18 (i) had been continuously employed at

19 the time of such permanent layoff for a pe20 riod of one year or more, but less than

21 three years, by the employer from whom

22 such individual has been permanently laid

23 off; or

24 (ii) was continuously employed in the

25 same occupation and industry by an em-
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1 ployer for a period of one year or more and

2 was, within the preceding 12-month pe3 riod—

4 (I) separated from such em5 ployer; and

6 (II) employed in the same occu7 pation and industry by the subsequent

8 employer from whom such individual

9 has been permanently laid off;

10 (C)(i) was entitled, as a result of the layoff

11 described in subparagraph (A), to (or would

12 have been entitled to if such individual had ap13 plied therefor) unemployment compensation

14 under any Federal or State law for a week

15 within the benefit period—

16 (I) in which the layoff took place; or

17 (II) which began (or would have

18 begun) by reason of the filing of a claim

19 for unemployment compensation by such

20 individual after such layoff;

21 (ii) has exhausted all rights to any unem22 ployment compensation to which such individual

23 was entitled (or would have been entitled if

24 such individual had applied therefor); and
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1 (iii) does not have an unexpired waiting

2 period applicable to such individual for such un3 employment compensation;

4 (D) has been enrolled in education or

5 training pursuant to subsection (d) by—

6 (i) the end of the 16th week after the

7 permanent layoff described in subpara8 graph (A), or, if later, the end of the 14th

9 week after such individual was informed

10 that the layoff will exceed 6 months; or

11 (ii) a period that is not in excess of

12 60 days after the periods described in

13 clause (i), in cases where the substate

14 grantee determines, in accordance with

15 guidelines issued by the Secretary, that

16 there are extenuating circumstances that

17 justify such extension, such as a cancella18 tion of a course, a first available enroll19 ment date that is after the periods de20 scribed in subparagraph (A), or the com21 mencement of negotiations for reopening a

22 plant or facility from which an individual

23 has been laid off; and
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1 (E) is participating, and making satisfac2 tory progress, in education or training provided

3 pursuant to subsection (d).

4 (3) SPECIAL RULES.—

5 (A) CONTINUOUS EMPLOYMENT.—

6 (i) For purposes of clause (ii) of para7 graph (2)(B) and subject to the limitations

8 of clause (ii) of this subparagraph, contin9 uous employment shall be deemed to in10 clude any week in which an individual—

11 (I) was on employer-authorized

12 leave for purposes of vacation, sick13 ness, injury or inactive duty or active

14 duty military service for training;

15 (II) was on employer-authorized

16 leave because of circumstances de17 scribed in (aa) subsection 102(a) of

18 the Family and Medical Leave Act of

19 1993, or (bb) a similar State law;

20 (III) did not work because of a

21 disability that is compensable under a

22 worker’s compensation law or plan of

23 a State or the United States;

24 (IV) had his, or her, employment

25 interrupted in order to serve as a full-
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1 time representative of a labor organi2 zation in such firm or subdivision;

3 (V) was on call-up for purposes

4 of active duty in a reserve status in

5 the Armed Forces of the United

6 States, provided such active duty is

7 ‘‘Federal service’’ as defined in 5

8 U.S.C. 8521(a)(1);

9 (VI) was on temporary layoff; or

10 (VII) was serving on jury duty.

11 (ii) For the purposes of clause (i), no

12 more than the following number of weeks

13 within a one year period may be treated as

14 weeks of employment:

15 (I) 7 weeks in the case of weeks

16 described in subclauses (I) or (IV) of

17 clause (i), or both.

18 (II) 12 weeks in the case of

19 weeks described in division (aa) of

20 subclause (II) of clause (i). Any num21 ber of weeks in the case of weeks de22 scribed in division (bb) of subclause

23 (II) of clause (i).
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1 (III) 26 weeks in the case of

2 weeks described in subclause (III) and

3 (V) of clause (i).

4 (B) SAME EMPLOYER.—(i) For the pur5 pose of clause (ii) of paragraph (2)(B), employ6 ment deemed to be employment for a single em7 ployer shall include—

8 (I) all employment that constituted

9 service under a single multiemployer plan

10 (as defined in section 4001(a)(3) of the

11 Employee Retirement Income Security Act

12 of 1974 (29 U.S.C. 1301(a)(3));

13 (II) all employment that was obtained

14 through a single hiring hall;

15 (III) all employment for the employer

16 from whom the individual was laid-off or

17 the predecessor of such employer;

18 (IV) all employment for employers in

19 a joint employment relationship, as de20 scribed in section 791.2(b) of title 29 of

21 the Code of Federal Regulations, with the

22 individual; and

23 (V) all employment for a successor

24 employer or a leased employer.
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1 (ii) For purposes of subclause (III) of

2 clause (i), an employer shall be considered a

3 predecessor of the employer from whom the in4 dividual was laid-off (hereinafter referred to as

5 successor employer) if—

6 (I) the successor employer acquired

7 substantially all the property used in a

8 trade or business, or used in a separate

9 unit of a trade or business, from such em10 ployer; and

11 (II) the individual who was laid off

12 was employed by such employer in such

13 trade or business, or in a separate unit of

14 such trade or business, immediately before

15 the acquisition and was employed by the

16 successor employer immediately after the

17 acquisition.

18 (C) INDIVIDUAL TREATED AS PARTICIPAT19 ING IN EDUCATION OR TRAINING PROGRAM.—

20 For purposes of subparagraph (E) of paragraph

21 (2), an individual shall be treated as participat22 ing, and making satisfactory progress, in an

23 education or training program during any week

24 which is part of a break from training that does
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1 not exceed 28 days if the break is provided

2 under such program.

3 (4) WEEKLY AMOUNT OF PAYMENTS.—The re4 training income support payment payable to an indi5 vidual under this subsection shall be an amount

6 equal to the most recent benefit amount of the un7 employment compensation payable to such individual

8 for a week of total unemployment preceding such in9 dividual’s first exhaustion of unemployment com10 pensation related to the permanent layoff reduced

11 (but not below zero) by—

12 (A) any training income support provided

13 for such week to such individual under another

14 Federal program;

15 (B) income that is earned from employ16 ment that exceeds one-half the amount equal to

17 the most recent weekly benefit amount of the

18 unemployment compensation payable to such

19 individual for a week of total unemployment.

20 (5) TOTAL AMOUNT OF PAYMENTS.—

21 (A) IN GENERAL.—The maximum amount

22 of retraining income support payable to an indi23 vidual under this subsection shall be the

24 amount which is the product of 26 multiplied

25 by the retraining income support payable to the
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1 individual for a week of total unemployment (as

2 determined under paragraph (4)), but such

3 product shall be reduced by the total sum of ex4 tended and additional compensation to which

5 the individual was entitled in the worker’s first

6 benefit period as described in paragraph (2)(C).

7 (B) PERIOD OF AVAILABILITY.—(i) Sub8 ject to the provisions of clause (ii), no retrain9 ing income support shall be paid for any week

10 occurring after the close of the 78-week period

11 that begins with the first week following the

12 week after the individual was permanently laid13 off as described in paragraph (2)(A).

14 (ii) For the purpose of determining the 78-

15 week period in clause (i), the period of time

16 specified in a certificate of continuing eligibility

17 issued pursuant under section 118 during which

18 the individual is employed in a job described by

19 that section shall not be counted.

20 (6) WEEKS DURING WHICH INDIVIDUAL RE21 CEIVED ON-THE-JOB TRAINING.—No retraining in22 come support shall be paid to an individual under

23 this subsection for any week during which the indi24 vidual is receiving on-the-job training.
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1 (7) COORDINATION WITH EXTENDED BENEFITS

2 PROGRAM.—

3 (A) IN GENERAL.—Notwithstanding any

4 other provision of this Act or other Federal law,

5 if the benefit year of an individual ends within

6 an extended benefit period, the number of

7 weeks of extended benefits that such worker

8 would, but for this paragraph, be entitled to an

9 extended benefit period shall be reduced (but

10 not below zero) by the number of weeks for

11 which the individual was entitled, during such

12 benefit year, to retraining income support

13 under this Act.

14 (B) DEFINITIONS.—For purposes of this

15 paragraph, the terms ‘‘benefit year’’ and ‘‘ex16 tended benefit period’’ shall have the same re17 spective meanings given to them in the Federal18 State Extended Unemployment Compensation

19 Act of 1970.

20 (8) ADMINISTRATION.—The substate grantee

21 shall enter into an agreement with the State agency

22 charged with the administration of the State unem23 ployment compensation law under which such agency

24 will administer, on a cost-reimbursable basis, the re-
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1 training income support payments authorized under

2 this subsection.

3 (9) SUBSTATE GRANTEE ROLE.—Each substate

4 grantee shall assist an individual receiving education

5 or training pursuant to subsection (d) in applying

6 for retraining income support under either part A of

7 title II of the Reemployment Act of 1994 (H.R.

8 4040 of the 103d Congress, as introduced) or this

9 subsection depending on the program for which such

10 individual is eligible. If such individual is not eligible

11 for either program and such individual believes in12 come support is necessary to enable participation in

13 training, the substate grantee shall assist such indi14 vidual in applying for other appropriate sources of

15 such income support, including student financial aid.

16 (10) INFORMATION DISSEMINATION.—The sub17 state grantee shall provide individuals determined el18 igible under this title with information relating to

19 the availability of retraining income support and the

20 requirements relating to eligibility for such support.

21 Such information shall include the provision, in a

22 timely manner, as defined by the Secretary, of infor23 mation to such individuals describing the time peri24 ods by which enrollment in education and training

25 must occur in order to be eligible for retraining in-
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1 come support pursuant to paragraph (2)(D) of this

2 subsection and section 202 of the Reemployment Act

3 of 1994 (H.R. 4040 of the 103d Congress, as intro4 duced). In addition, the substate grantee shall make

5 arrangements with the State agency charged with

6 the administration of the State unemployment com7 pensation law to make such information generally

8 available to claimants along with other information

9 describing the services available under this title.

10 (f) SUPPORTIVE SERVICES.—

11 (1) IN GENERAL.—Each substate grantee shall

12 make available to an eligible individual, either

13 through direct payment, payment to a service pro14 vider, or arrangements through appropriate agen15 cies, such supportive services as are identified in

16 such individuals’s reemployment plan as necessary to

17 enable such individual to participate in intensive re18 employment services under subsection (c) or edu19 cation and training services under subsection (d).

20 (2) OPTIONAL SERVICES.—Each substate

21 grantee may make available to an eligible individual

22 such supportive services as such grantee determines

23 is appropriate to enable such individual to partici24 pate in basic reemployment services.
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1 (3) SERVICES AVAILABLE.—The supportive

2 services provided pursuant to this subsection may in3 clude transportation, dependent care, meals, health

4 care, temporary shelter, needs-related payments in

5 an amount which is at least equal to the minimum

6 State unemployment insurance benefit (as deter7 mined by the State), drug and alcohol abuse counsel8 ing and referral, family counseling, and other similar

9 services.

10 (g) ADDITIONAL DEFINITIONS.—For purposes of this

11 section, the following definitions apply:

12 (1) ADDITIONAL COMPENSATION.—The term

13 ‘‘additional compensation’’ means compensation pay14 able by reason of conditions of high unemployment

15 or other special factors to individuals who have ex16 hausted their unemployment compensation.

17 (2) BENEFIT PERIOD.—The term ‘‘benefit pe18 riod’’ means, with respect to an individual—

19 (A) the benefit year and any ensuing pe20 riod, as determined under the applicable State

21 law, during which the individual is eligible for

22 regular compensation, additional compensation,

23 or extended compensation; or
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1 (B) the equivalent to such a benefit year

2 or ensuing period provided for under the appli3 cable Federal unemployment compensation law.

4 (3) ON-THE-JOB TRAINING.—The term ‘‘on-the5 job training’’ means training provided by the em6 ployer to an individual who performs services for re7 muneration for the employer.

8 (4) UNEMPLOYMENT COMPENSATION.—The

9 term ‘‘unemployment compensation’’ means the un10 employment compensation payable to an individual

11 under any State law or Federal unemployment com12 pensation law, including chapter 85 of title 5, Unit13 ed States Code and the Railroad Unemployment In14 surance Act.

15 (5) WEEK.—The term ‘‘week’’ means a week as

16 defined in the applicable State.

17 SEC. 118. CERTIFICATES OF CONTINUING ELIGIBILITY.

18 (a) IN GENERAL.—A substate grantee shall issue a

19 certificate of continuing eligibility for services under this

20 title if such grantee determines that—

21 (1) such individual is eligible for services under

22 section 103; and

23 (2)(A) such individual is accepting employment

24 and such employment is—
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1 (i) at a wage significantly less than such

2 individual’s previous wage; or

3 (ii) in an occupation significantly different

4 from such individual’s previous occupation; or

5 (B) such individual is unable to participate in

6 training or education within the time period pro7 vided by section 117(e)(2)(D) because no suitable

8 training or education is reasonably available to such

9 individual.

10 (b) CONTENTS.—A certificate of continuing eligibility

11 issued pursuant to subsection (a) shall specify a period

12 of time not to exceed 104 weeks that such individual shall

13 remain eligible, notwithstanding the requirements of sec14 tion 103, for services under this title and for retraining

15 income support payments under section 117(e) and part

16 A of title II of the Reemployment Act of 1994 (H.R. 4040

17 of the 103d Congress, as introduced).

18 (c) ELIGIBILITY FOR RETRAINING INCOME SUP19 PORT.—With respect to the continuing eligibility of an in20 dividual receiving a certificate under this section for re21 training income support—

22 (1) the requirements relating to eligibility for

23 unemployment compensation under section

24 117(e)(2)(C) of this Act and section 202(a)(3) of

25 the Reemployment Act of 1994 (H.R. 4040 of the
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1 103d Congress, as introduced) and to the weekly

2 amount of such support under section 117(e)(4) and

3 part A of title II of the Reemployment Act of 1994

4 (H.R. 4040 of the 103d Congress, as introduced)

5 shall apply to such individual’s status at the time

6 such individual receives a certificate under this sec7 tion and shall not apply to such individual’s status

8 at the time of separation from subsequent employ9 ment described in subsection (a)(2); and

10 (2) the requirements relating to enrollment in

11 training in order to qualify for such income support

12 shall remain applicable except that the 16-week and

13 14-week periods described in section 117(e)(2) of

14 this Act and section 202(a)(4) of the Reemployment

15 Act of 1994 (H.R. 4040 of the 103d Congress, as

16 introduced) shall commence with such individual’s

17 separation from the subsequent employment de18 scribed in subsection (a)(2).

19 Subtitle B—Federal Service

20 Delivery System

21 SEC. 121. FEDERAL REEMPLOYMENT UNIT.

22 The Secretary shall designate or establish an identifi23 able worker reemployment unit to coordinate the functions

24 of the Secretary under this title.
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1 SEC. 122. NATIONAL DISCRETIONARY GRANT PROGRAM.

2 (a) AUTHORIZATION.—

3 (1) IN GENERAL.—The Secretary may provide

4 grants to eligible entities described in paragraph (2)

5 to carry out the following activities:

6 (A) To establish programs to address large

7 scale economic dislocations that result from

8 plant closures, base closures, or mass layoffs.

9 (B) To establish programs that may be up

10 to 3 years in length, and may include the fol11 lowing programs:

12 (i) Self-employment opportunity pro13 gram.

14 (ii) Public works employment pro15 gram.

16 (iii) Dislocated farmer program.

17 (iv) Job creation program.

18 (C) To carry out projects that establish on19 site transition centers meeting the requirements

20 described in section 115(d)(2).

21 (D) To establish programs to address

22 small-scale layoffs that are likely to have a sub23 stantial adverse State or local economic impact.

24 (E) To provide additional financial assist25 ance to programs and activities established and
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1 operated by States and substate grantees under

2 this title.

3 (2) ELIGIBLE ENTITIES.—The following entities

4 shall be eligible to receive grants under paragraph

5 (1):

6 (A) States.

7 (B) Substate grantees.

8 (C) Employers and employer associations,

9 including private industry councils.

10 (D) Transition assistance committees and

11 other employer-employee entities.

12 (E) Labor organizations.

13 (F) Industry consortia.

14 (G) Appropriate State agencies.

15 (H) Community-based organizations.

16 (I) Institutions of higher education.

17 (J) Native American tribal entities eligible

18 to receive assistance under section 401 of the

19 Job Training Partnership Act.

20 (K) Entities eligible to receive assistance

21 under section 402 of the Job Training Partner22 ship Act (relating to migrant and seasonal

23 farmworker programs).
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1 (L) Entities providing adult education, as

2 defined in section 312(2) of the Adult Edu3 cation Act.

4 (M) Entities providing vocational edu5 cation, as defined in section 521(41) of the Carl

6 D. Perkins Vocational and Applied Technology

7 Education Act.

8 (b) APPLICATION.—

9 (1) IN GENERAL.—The Secretary may not pro10 vide a grant under subsection (a) to an eligible en11 tity unless the entity submits to the Secretary an

12 application at such time, in such manner, and ac13 companied by such information as the Secretary de14 termines to be appropriate.

15 (2) REVIEW AND COMMENT BY GOVERNOR.—

16 The Governor shall be provided an opportunity to re17 view and comment on an application described in

18 paragraph (1) prior to the submission of such appli19 cation to the Secretary.

20 (c) REVIEW OF APPLICATION.—The Secretary shall

21 review each application submitted under subsection (b)

22 and shall approve or disapprove each such application not

23 later than 30 days after the date on which the Secretary

24 receives such application.
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1 (d) AUTHORITY TO OBLIGATE GRANT FUNDS.—An

2 eligible entity may enter into obligations to expend

3 amounts that will be provided to such entity under a grant

4 beginning on the date on which the Secretary approves

5 the application for such grant under subsection (c).

6 (e) USE OF AMOUNTS.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Secretary may not provide a grant

9 under subsection (a)(1) to an eligible entity unless

10 the entity agrees that it will use all amounts received

11 from such grant to provide services described in sec12 tion 117 to eligible individuals under projects that

13 relate to—

14 (A) industry-wide dislocations;

15 (B) multistate dislocations;

16 (C) dislocations caused by Federal actions,

17 including—

18 (i) dislocations resulting from reduc19 tions in expenditures by the United States

20 for defense; and

21 (ii) dislocations resulting from Fed22 eral environmental laws and regulations,

23 including the Clean Air Act (42 U.S.C.

24 7401 et seq.) and the Endangered Species

25 Act of 1973 (16 U.S.C. 1531 et seq.);
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1 (D) dislocations resulting from inter2 national trade;

3 (E) dislocations affecting Native American

4 tribal entities carried out through agreements

5 with such entities; and

6 (F) other dislocations that result from spe7 cial circumstances or dislocations that State

8 and local resources are insufficient to address.

9 (2) EXCEPTION.—In the case of an eligible en10 tity that is a Native American tribal entity, the Sec11 retary may not provide a grant under subsection

12 (a)(1) to such entity unless the entity agrees that it

13 will use all amounts received from such grant to pro14 vide services described in section 117 to eligible indi15 viduals under projects that relate to dislocations af16 fecting such entity.

17 SEC. 123. DISASTER RELIEF EMPLOYMENT ASSISTANCE.

18 (a) GENERAL AUTHORITY.—

19 (1) QUALIFICATION FOR FUNDS.—Funds ap20 propriated to carry out this section shall be made

21 available in a timely manner by the Secretary to the

22 Governor of any State within which is located an

23 area that has suffered an emergency or a major dis24 aster as defined in paragraphs (1) and (2), respec25 tively, of section 102 of the Robert T. Stafford Dis-
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1 aster Relief and Emergency Assistance Act (here2 after referred to in this section as the ‘‘disaster

3 area’’).

4 (2) COORDINATION.—Funds made available to

5 Governors under paragraph (1) shall be expended in

6 consultation with—

7 (A) agencies administering programs for

8 disaster relief provided under the Robert T.

9 Stafford Disaster Relief and Emergency Assist10 ance Act; and

11 (B) the administrative entity and the pri12 vate industry council in each service delivery

13 area within which disaster employment pro14 grams will be conducted under this section.

15 (b) USE OF FUNDS.—

16 (1) IN GENERAL.—Funds made available under

17 this section shall be utilized for the purpose of di18 rectly assisting communities that are located within

19 disaster areas, including units of general local gov20 ernment in such areas, and—

21 (A) shall be used exclusively to provide em22 ployment under projects—

23 (i) to provide food, clothing, shelter,

24 and other humanitarian assistance for vic25 tims of a disaster; and
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1 (ii) relating to the demolition, clean2 up, repair, renovation, and reconstruction

3 of damaged and destroyed structures, fa4 cilities, and lands located within the disas5 ter area; and

6 (B) may be expended through public and

7 private agencies and organizations engaged in

8 such projects.

9 (2) ELIGIBILITY FOR EMPLOYMENT.—

10 (A) IN GENERAL.—Notwithstanding sec11 tion 103, an individual shall be eligible to be of12 fered employment under paragraph (1) if such

13 individual is temporarily or permanently laid off

14 as a consequence of a disaster.

15 (B) LIMITATION.—An individual shall not

16 be employed under paragraph (1) for more than

17 6 months for work related to recovery from a

18 single natural disaster.

19 (c) DEFINITION OF UNIT OF GENERAL LOCAL GOV20 ERNMENT.—For purposes of this section, the term ‘‘unit

21 of general local government’’ includes—

22 (1) in the case of a community conducting a

23 project in an Indian reservation or Alaska Native

24 village, the grantee designated under subsection (c)

25 or (d) of section 401 of the Job Training Partner-
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1 ship Act (29 U.S.C. 1671(c) or (d)), or a consortium

2 of such grantees and the State; and

3 (2) in the case of a community conducting a

4 project in a migrant or seasonal farmworker commu5 nity, the grantee designated under section 402(c) of

6 the Job Training Partnership Act (29 U.S.C.

7 1672(c)), or a consortium of such grantees and the

8 State.

9 SEC. 124. EVALUATION, RESEARCH, AND DEMONSTRA10 TIONS.

11 (a) EVALUATION.—

12 (1) IN GENERAL.—The Secretary shall provide

13 for the continuing evaluation of programs conducted

14 under this title, including the cost-effectiveness of

15 such programs in achieving the purposes of this

16 title.

17 (2) TECHNIQUES.—

18 (A) METHODS.—An evaluation conducted

19 under paragraph (1) shall utilize recognized

20 statistical methods and techniques of the behav21 ioral and social sciences, including methodolo22 gies that control for self-selection, where fea23 sible.

24 (B) ANALYSIS.—An evaluation conducted

25 under paragraph (1) may include cost benefit
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1 analyses of programs, and analyses of the im2 pact of the programs on participants and the

3 community, the extent to which programs meet

4 the needs of various demographic groups, the

5 extent to which programs provided training

6 which led to high skill, high wage jobs and non7 traditional employment opportunities for women

8 and minorities, and the effectiveness of the de9 livery systems used by the various programs.

10 (C) EFFECTIVENESS.—The Secretary shall

11 evaluate the effectiveness of programs author12 ized under this title with respect to—

13 (i) the statutory goals;

14 (ii) the performance standards estab15 lished by the Secretary; and

16 (iii) the extent to which such pro17 grams enhance the employment and earn18 ings of participants, reduce income support

19 costs, improve the employment com20 petencies of participants in comparison to

21 comparable persons who did not partici22 pate in such programs, and, to the extent

23 feasible, increase the level of total employ24 ment over the level that would have existed

25 in the absence of such programs.
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1 (b) RESEARCH.—

2 (1) IN GENERAL.—The Secretary shall establish

3 a program of research relating to addressing eco4 nomic dislocation, facilitating the transition of per5 manently laid off workers to reemployment, and up6 grading the skills of employed workers.

7 (2) CONDUCT OF PROGRAM.—In carrying out

8 the program established under paragraph (1), the

9 Secretary shall develop and maintain statistical data

10 relating to permanent layoffs and plant closings.

11 (3) MASS LAYOFF REPORT.—The Secretary

12 shall publish a report based upon such data, as soon

13 as practicable, after the end of each calendar year.

14 Among the data to be included are—

15 (A) the number of such closings;

16 (B) the number of workers displaced;

17 (C) the location of the affected facilities;

18 and

19 (D) the types of industries involved.

20 (4) SURVEY AND REPORT RELATING TO WORK21 ER ADJUSTMENT AND RETRAINING AND NOTIFICA22 TION ACT.—

23 (A) SURVEY.—The Secretary shall conduct

24 a survey—
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1 (i) estimating the number of dis2 located workers in the United States who

3 received notice of termination from their

4 jobs which complied with the requirements

5 of the Worker Adjustment and Retraining

6 Notification Act (29 U.S.C. 2101 et seq.);

7 (ii) estimating the number of dis8 located workers in the United States who

9 received some notice of termination from

10 their jobs under such Act but less than the

11 full amount of notice required by such Act;

12 (iii) estimating the number of dis13 located workers in the United States who

14 did not receive any notice of termination

15 from their jobs in violation of the require16 ments of such Act; and

17 (iv) analyzing the reasons why dis18 located workers described in clauses (ii)

19 and (iii) did not receive appropriate ad20 vance notice of termination from their jobs.

21 (B) REPORT.—Not later than 2 years after

22 the date of the enactment of this Act, the Sec23 retary shall submit to the Congress a report

24 containing—
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1 (i) the results of the survey conducted

2 under subparagraph (A); and

3 (ii) recommendations for appropriate

4 legislation that would increase the likeli5 hood that all dislocated workers covered by

6 the requirements of the Worker Adjust7 ment and Retraining Notification Act (29

8 U.S.C. 2101 et seq.) would receive notice

9 of termination from their jobs in accord10 ance with the requirements of such Act.

11 (c) DEMONSTRATIONS.—

12 (1) IN GENERAL.—The Secretary shall conduct

13 a program of demonstration projects to develop and

14 improve the methods for addressing economic dis15 location and promoting worker adjustment. Such

16 program may include projects that—

17 (A) provide services to upgrade the skills

18 of employed workers who are at risk of being

19 permanently laid off; and

20 (B) assist in retraining employed workers

21 in new technologies and work processes that

22 will facilitate the conversion or restructuring of

23 businesses into high performance work organi24 zations and avert plant closings or substantial

25 layoffs.
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1 (2) LIMITATION.—Each demonstration project

2 conducted under paragraph (1) shall not exceed

3 three years in duration.

4 (3) EVALUATION COMPONENT.—The Secretary

5 shall conduct or provide for an evaluation of each of

6 the projects carried out under paragraph (1) and

7 shall provide for the dissemination of each such eval8 uation through the Capacity Building and Informa9 tion and Dissemination Network established under

10 section 453 of the Job Training Partnership Act (29

11 U.S.C. 1733).

12 (d) ANNUAL REPORT.—The Secretary shall submit

13 to the Committee on Education and Labor of the House

14 of Representatives and the Committee on Labor and

15 Human Resources of the Senate an annual report describ16 ing the activities of the Secretary under this section during

17 the preceding fiscal year.

18 SEC. 125. CAPACITY BUILDING AND TECHNICAL ASSIST19 ANCE.

20 (a) IN GENERAL.—The Secretary shall provide,

21 through grants, contracts, or other arrangements, staff

22 training and technical assistance (primarily using com23 puter-based and telecommunications technologies) to

24 States, substate grantees, one-stop career systems, com25 munities, business and labor organizations, service provid-
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1 ers, industry consortia, and other entities, to enhance their

2 capacity to develop and deliver effective adjustment assist3 ance services to workers and to avert plant closings or sub4 stantial layoffs. Such training and assistance may include

5 the development of management information systems, cus6 tomized training programs, and the dissemination of com7 puter-accessed learning systems.

8 (b) COORDINATION.—The Secretary shall integrate

9 the activities carried out under subsection (a) with the ac10 tivities of the Capacity Building and Information and Dis11 semination Network established under section 453 of the

12 Job Training Partnership Act (29 U.S.C. 1733).

13 SEC. 126. FEDERAL BYPASS AUTHORITY.

14 If a State chooses not to participate in the program

15 authorized under subtitle A of title I or fails to submit

16 an approved plan under such part, the Secretary shall use

17 the amount that would be allotted to such State under

18 section 101(b) to provide for the delivery in that State

19 of the programs, activities, and services authorized under

20 this title until such time as such State chooses to partici21 pate in the program.
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1 Subtitle C—Performance Stand2 ards and Quality Assurance Sys3 tems

4 SEC. 131. PERFORMANCE STANDARDS.

5 (a) IN GENERAL.—The Secretary, after consultation

6 with the Secretary of Education, Governors, and substate

7 grantees shall establish performance standards relating to

8 the provision of services under this title. Such standards

9 shall be based on factors the Secretary determines to be

10 appropriate, which may include—

11 (1) placement, retention, and earnings of par12 ticipants in unsubsidized employment, including—

13 (A) earnings at six months or more after

14 termination from the program; and

15 (B) comparability of wages at a specified

16 period after termination from the program with

17 wages prior to participation in the program;

18 (2) acquisition of skills pursuant to a skill

19 standards and skill certification system endorsed by

20 the National Skill Standards Board established

21 under the Goals 2000: Educate America Act;

22 (3) satisfaction of participants and employers

23 with services provided and employment outcomes;

24 and
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1 (4) the quality of services provided to hard-to2 serve populations, such as low income individuals,

3 older workers, and displaced homemakers.

4 (b) ADJUSTMENTS.—Each Governor shall, in accord5 ance with regulations established by the Secretary and

6 after consultation with substate grantees, prescribe ad7 justments to the performance standards established under

8 section (a) for the substate grantees established in the

9 State based on—

10 (1) specific economic, geographic, and demo11 graphic factors in the State and in substate areas

12 within the State;

13 (2) the characteristics of the population to be

14 served, including the demonstrated difficulties in

15 serving special populations; and

16 (3) the types of services to be provided to such

17 populations.

18 (c) FAILURE TO MEET STANDARDS.—

19 (1) UNIFORM CRITERIA.—

20 (A) IN GENERAL.—The Secretary shall es21 tablish uniform criteria for determining whether

22 a substate grantee fails to meet the perform23 ance standards under this section.
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1 (B) MODIFICATION.—Such criteria may

2 not be modified more than once every two

3 years.

4 (2) TECHNICAL ASSISTANCE.—The Governor

5 shall provide technical assistance to substate grant6 ees that fail to meet the performance standards

7 under the uniform criteria established under para8 graph (1).

9 (3) REPORT ON PERFORMANCE.—Not later

10 than 90 days after the end of each program year,

11 each Governor shall submit to the Secretary a report

12 containing the final performance standards for the

13 State and the final performance standards for each

14 substate grantee in the State, including a description

15 of the technical assistance provided or planned to be

16 provided in accordance with paragraph (2).

17 (4) DESIGNATION OF ANOTHER ENTITY AS SUB18 STATE GRANTEE.—If a substate grantee fails to

19 meet the performance standards for two consecutive

20 program years, the Governor shall notify the Sec21 retary and the substate grantee of the continued

22 failure and shall terminate the grant agreement with

23 such grantee and designate another entity as the

24 substate grantee consistent with section 116(b)(2).

25 (5) APPEAL.—
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1 (A) IN GENERAL.—A substate grantee that

2 has received notice under paragraph (4) that

3 such grantee has failed to meet the performance

4 standards for two consecutive years may, not

5 later than 30 days after receiving such notice,

6 appeal to the Secretary the decision of the Gov7 ernor to terminate the grant agreement with

8 such grantee.

9 (B) DECISION.—The Secretary shall issue

10 a decision on an appeal under subparagraph

11 (A) not later than 30 days after receiving notice

12 of such appeal.

13 (d) INCENTIVE GRANTS.—

14 (1) AUTHORIZATION.—From the funds reserved

15 pursuant to section 101(c)(1), the Governor shall re16 serve funds to provide incentive grants to substate

17 grantees in the State that exceed the performance

18 standards under this section.

19 (2) USE OF AMOUNTS.—Such substate grantees

20 shall use amounts from such grants to enhance or

21 expand services provided under this title.

22 SEC. 132. CUSTOMER FEEDBACK.

23 (a) METHODS.—Each substate grantee shall estab24 lish, in accordance with standards established by the Sec25 retary, methods for obtaining, on a regular basis, informa-
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1 tion from eligible individuals and employers who have re2 ceived services under this title regarding the effectiveness

3 and quality of such services and of service providers. Such

4 methods may include the use of surveys, interviews, and

5 focus groups.

6 (b) ANALYSIS AND DISSEMINATION.—Each substate

7 grantee shall analyze the information obtained from using

8 the methods established under subsection (a) on a regular

9 basis for use in improving the administration of the pro10 grams under this title and assisting participants in choos11 ing from among eligible service providers, including infor12 mation to assist individuals from various demographic

13 groups to choose from among such providers. Employees

14 of service providers with respect to which customer feed15 back information is being collected and analyzed shall be

16 provided with such information and analysis, and offered

17 an opportunity to provide comments before such informa18 tion and analysis is made available to the public.

19 SEC. 133. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF

20 EDUCATION AND TRAINING SERVICES.

21 (a) ELIGIBILITY REQUIREMENTS.—A provider of

22 education and training services shall be eligible to receive

23 funds under this title if such provider—

24 (1) is either—
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1 (A) an institution of higher education that

2 continues to be eligible to participate in title IV

3 of the Higher Education Act of 1965; or

4 (B) determined to be eligible under the

5 procedures described in subsection (b); and

6 (2) provides the performance-based information

7 required pursuant to subsection (c).

8 (b) ALTERNATIVE ELIGIBILITY PROCEDURE.—

9 (1) IN GENERAL.—The Governor shall estab10 lish, in accordance with standards established by the

11 Secretary, an alternative eligibility procedure for

12 providers of education and training services in such

13 State desiring to receive funds under this title but

14 that are not eligible to participate in title IV of the

15 Higher Education Act of 1965. Such procedure shall

16 establish minimum acceptable levels of performance

17 for such providers based on factors and guidelines

18 developed by the Secretary, after consultation with

19 the Secretary of Education. Such factors shall be

20 comparable in rigor and scope to those provisions of

21 part H of such title of such Act that are used to de22 termine an institution of higher education’s eligi23 bility to participate in programs under such title as

24 are appropriate to the type of provider seeking eligi-
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1 bility under this subsection and the nature of the

2 education and training services to be provided.

3 (2) LIMITATION.—Notwithstanding paragraph

4 (1), if the participation of an institution of higher

5 education in any of the programs under such title of

6 such Act is terminated, such institution shall not be

7 eligible to receive funds under this Act for a period

8 of two years.

9 (c) PERFORMANCE-BASED INFORMATION.—

10 (1) CONTENTS.—The Secretary, in consultation

11 with the Secretary of Education, shall identify per12 formance-based information that is to be submitted

13 by providers of services desiring to be eligible under

14 this section and shall establish a standard methodol15 ogy for retrieving such information. Such informa16 tion shall be independently verified prior to submis17 sion and may include information by various demo18 graphic groups relating to—

19 (A) the percentage of students completing

20 the programs conducted by the provider;

21 (B) the rates of licensure of graduates of

22 the programs conducted by the provider;

23 (C) the percentage of graduates of the pro24 grams meeting skill standards and certification

25 requirements endorsed by the National Skill
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1 Standards Board established under the Goals

2 2000: Educate America Act;

3 (D) the rates of placement and retention in

4 employment, and earnings of the graduates of

5 the programs conducted by the provider;

6 (E) the percentage of students who ob7 tained employment in an occupation related to

8 the program conducted by the provider; and

9 (F) the warranties or guarantees provided

10 by such provider relating to the skill levels or

11 employment to be attained by students.

12 (2) ADDITIONAL INFORMATION.—The Governor

13 may, with the approval of the Secretary, prescribe

14 additional performance-based information that shall

15 be submitted by providers pursuant to this sub16 section.

17 (d) ADMINISTRATION.—

18 (1) STATE AGENCY.—The Governor shall des19 ignate a State agency to collect, verify, and dissemi20 nate the performance-based information submitted

21 under subsection (c).

22 (2) SUBMISSION OF INFORMATION TO STATE

23 AGENCY.—A provider of education and training serv24 ices that desires to be eligible to receive funds under

25 this title shall submit the information required under
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1 subsection (c) to the State agency designated under

2 paragraph (1) at such time and in such form as

3 such State agency may require.

4 (3) LIST OF ELIGIBLE PROVIDERS.—The State

5 agency designated under paragraph (1) shall compile

6 a list of eligible providers, accompanied by the per7 formance-based information submitted under para8 graph (2), and disseminate such list and information

9 to the substate grantees within the State.

10 (4) ACCURACY OF INFORMATION.—

11 (A) IN GENERAL.—If the State agency

12 designated under paragraph (1) determines that

13 information concerning a provider is inaccurate,

14 such provider shall be disqualified from receiv15 ing funds under this title for a period of two

16 years, unless such provider can demonstrate to

17 the satisfaction of the Governor or the designee

18 of such Governor, that the information was pro19 vided in good faith. Individuals who received

20 training from such a disqualified provider shall

21 be provided the opportunity to receive appro22 priate additional training and income support

23 from a qualified provider.

24 (B) APPEAL.—The Governor shall estab25 lish a procedure for a service provider to appeal
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1 a determination by the State agency designated

2 under paragraph (1) that results in a disquali3 fication under subparagraph (A). Such proce4 dure shall provide an opportunity for a hearing

5 and prescribe appropriate time limits to ensure

6 prompt resolution of the appeal.

7 (5) ASSISTANCE IN DEVELOPING INFORMA8 TION.—The State agency designated under para9 graph (1) may provide technical assistance to edu10 cation and training providers in developing the infor11 mation required under subsection (b). Such assist12 ance may include facilitating the utilization of State

13 administrative records, such as unemployment com14 pensation wage records, and other appropriate co15 ordination activities.

16 (6) CONSULTATION.—The Secretary shall con17 sult with the Secretary of Education regarding the

18 eligibility of institutions of higher education or other

19 providers of education and training to participate in

20 programs under this Act or under title IV of the

21 Higher Education Act of 1965.

22 (e) ON-THE-JOB TRAINING EXCEPTION.—

23 (1) IN GENERAL.—A provider of on-the-job

24 training shall not be subject to the requirements of

25 subsections (a), (b), and (c).
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1 (2) COLLECTION AND DISSEMINATION OF IN2 FORMATION.—The substate grantee shall collect per3 formance-based information from on-the-job training

4 providers as the Secretary may require.

5 Subtitle D—Program Requirements

6 SEC. 141. GENERAL REQUIREMENTS.

7 Except as otherwise provided in this title, the follow8 ing conditions are applicable to all programs under this

9 title:

10 (1) PROHIBITION ON INDUCING RELOCATION OF

11 ESTABLISHMENTS.—

12 (A) IN GENERAL.—No funds provided

13 under this title shall be used or proposed for

14 use to encourage or induce the relocation, of an

15 establishment or part thereof, that results in a

16 loss of employment for any employee of such es17 tablishment at the original location of such es18 tablishment.

19 (B) PROHIBITION ON CUSTOMIZED OR

20 SKILL TRAINING, ON-THE-JOB TRAINING, OR

21 COMPANY SPECIFIC ASSESSMENTS OF JOB AP22 PLICANTS OR EMPLOYEES.—No funds provided

23 under this title shall be used for customized or

24 skill training, on-the-job training, or company

25 specific assessments of job applicants or em-
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1 ployees, for any establishment or part thereof,

2 that has relocated, until 1 year after the date

3 on which such establishment commences oper4 ations at the new location, if the relocation of

5 such establishment or part thereof, results in a

6 loss of employment for any employee of such es7 tablishment at the original location.

8 (C) ENFORCEMENT PROCEDURES.—

9 (i) INVESTIGATION.—If a violation of

10 subparagraph (A) or (B) is alleged, the

11 Secretary shall conduct an investigation to

12 determine whether a violation has oc13 curred.

14 (ii) PAYMENT OF PENALTY.—If the

15 Secretary determines that a violation of

16 subparagraph (A) or (B) has occurred, the

17 Secretary shall require the State, substate

18 area, or substate grantee that has violated

19 subparagraph (A) or (B) to—

20 (I) repay to the United States an

21 amount equal to the amount expended

22 in violation of subparagraph (A) or

23 (B), in accordance with subsections

24 (d) or (e) of section 154; and
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1 (II) pay an additional amount

2 equal to the amount required to be re3 paid under subclause (I), unless the

4 State, substate area, or substate

5 grantee demonstrates to the Secretary

6 that it neither knew nor reasonably

7 could have known (after an inquiry

8 undertaken with due diligence) that it

9 provided funds in violation of sub10 paragraph (A) or (B).

11 (iii) DEPOSIT OF PENALTY AMOUNTS

12 IN THE TREASURY.—Amounts received

13 under clause (ii)(II) shall be deposited in a

14 special account in the Treasury for use by

15 the Secretary for carrying out this title.

16 (2) SPECIAL PROGRAMS.—Efforts shall be made

17 to develop programs under this title which contrib18 ute to occupational development, upward mobility,

19 development of new careers, and overcoming sex20 stereotyping in occupations traditional for the other

21 sex.

22 (3) JOINT SUBSTATE AGREEMENTS.—A sub23 state grantee may enter into an agreement or con24 tract with another substate grantee to pay or share

25 the cost of educating, training, or placing in employ-
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1 ment individuals participating in programs assisted

2 under this Act, including the provision of supportive

3 services.

4 (4) ON-THE-JOB TRAINING.—

5 (A) PAYMENTS TO EMPLOYERS.—Pay6 ments to employers for on-the-job training of

7 individuals participating in programs assisted

8 under this title shall not, during the period of

9 such training, average more than 50 percent of

10 the amount of wages paid by the employer to

11 such individuals, and such payments shall be

12 deemed to be in compensation for—

13 (i) the extraordinary costs associated

14 with training individuals participating in

15 programs assisted under this title; and

16 (ii) the costs associated with the lower

17 productivity of such individuals.

18 (B) DURATION OF TRAINING.—

19 (i) IN GENERAL.—On-the-job training

20 authorized under this title for individuals

21 participating in programs assisted under

22 this title shall be limited in duration to a

23 period not in excess of the period generally

24 required for acquisition of skills needed for

25 the position within a particular occupation,
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1 except that such period of on-the-job train2 ing shall not exceed 6 months unless the

3 total number of hours of such training is

4 less than 500 hours.

5 (ii) DETERMINATION OF PERIOD GEN6 ERALLY REQUIRED FOR ACQUISITION OF

7 SKILLS.—In determining the period gen8 erally required for acquisition of such

9 skills, consideration shall be given to recog10 nized reference material (such as the Dic11 tionary of Occupational Titles), the content

12 of the training of the individual, the prior

13 work experience of the individual, and the

14 reemployment plan of the individual.

15 (C) ON-THE-JOB TRAINING CONTRACTS.—

16 (i) CONTENTS AND REQUIREMENTS.—

17 Each on-the-job training contract shall—

18 (I) specify the types and duration

19 of on-the-job training and the other

20 services to be provided in sufficient

21 detail to allow for a fair analysis of

22 the reasonableness of proposed costs;

23 and

24 (II) comply with the applicable

25 requirements of section 154.
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1 (ii) ADDITIONAL REQUIREMENTS FOR

2 CONTRACTS ENTERED INTO THROUGH

3 INTERMEDIARY BROKERING CONTRAC4 TOR.—Each on-the-job training contract

5 that is not directly entered into by a sub6 state grantee with an employer (but in7 stead is contracted through an

8 intermediary brokering contractor) shall, in

9 addition to meeting the requirements con10 tained in clause (i), specify—

11 (I) the outreach, recruitment,

12 participant training, counseling, place13 ment, monitoring, followup, and other

14 services to be provided directly by the

15 brokering contractor within its own

16 organization;

17 (II) the services to be provided

18 by the employer conducting the on19 the-job training; and

20 (III) the services to be provided,

21 with or without cost, by other agen22 cies and subcontractors.

23 (iii) ON-SITE MONITORING REQUIRE24 MENT WITH RESPECT TO SUBCONTRAC25 TOR.—If an intermediary brokering con-
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1 tractor enters into a contract with a sub2 contractor to provide training or other

3 services, the brokering contractor shall en4 sure, through on-site monitoring, compli5 ance with the subcontract terms prior to

6 making payment to the subcontractor.

7 (iv) PROHIBITION OF CONTRACT WITH

8 CERTAIN EMPLOYERS.—In accordance with

9 regulations developed by the Secretary, on10 the-job training contracts under this title

11 shall not be entered into with employers

12 who have received payments under pre13 vious contracts and have exhibited a pat14 tern of failing to provide on-the-job train15 ing participants with continued long-term

16 employment as regular employees with

17 wages and employment benefits (including

18 health benefits) and working conditions at

19 the same level and to the same extent as

20 other employees working a similar length

21 of time and doing the same type of work.

22 (5) PROHIBITION ON FEES FOR PLACEMENT OR

23 REFERRAL.—A person or organization may not

24 charge an individual a fee for the placement or re-
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1 ferral of such individual in or to a training program

2 under this title.

3 (6) PROHIBITION ON SUBSIDIZED EMPLOY4 MENT.—No funds may be provided under this Act

5 for any subsidized employment with any private for6 profit employer.

7 (7) RETENTION OF PROGRAM INCOME.—

8 (A) IN GENERAL.—Income under any pro9 gram under this title administered by a public

10 or private nonprofit entity may be retained by

11 such entity only if used to continue to carry out

12 the program.

13 (B) MAINTENANCE OF FINANCIAL

14 RECORDS.—Each such public or private non15 profit entity shall maintain records sufficient to

16 determine the amount of income received and

17 the purposes for which such income is ex18 pended.

19 (C) INCOME DESCRIBED.—For purposes of

20 this paragraph, the term ‘‘income’’ shall in21 clude—

22 (i) receipts from goods or services (in23 cluding conferences) provided as a result of

24 activities funded under the title;
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1 (ii) funds provided to a service pro2 vider under this title that are in excess of

3 the costs associated with the services pro4 vided; and

5 (iii) interest income earned on funds

6 received under this title.

7 (8) NOTIFICATION AND CONSULTATION RE8 QUIREMENTS.—

9 (A) REQUIREMENTS OF THE SEC10 RETARY.—The Secretary shall notify the Gov11 ernor and the appropriate chief elected officials

12 of, and consult with the Governor and such offi13 cials concerning, any activity to be funded by

14 the Secretary under this title within the State

15 or substate area of the State.

16 (B) REQUIREMENTS OF THE GOVERNOR.—

17 The Governor shall notify the appropriate chief

18 elected officials of, and consult with such offi19 cials concerning, any activity to be funded by

20 the Governor under this title within the sub21 state area of the State.

22 (9) PROHIBITION ON PUBLIC SERVICE EMPLOY23 MENT.—Except as provided in section 123, no funds

24 available under this title may be used for public

25 service employment.
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1 (10) PROHIBITION ON EMPLOYMENT GENERAT2 ING AND RELATED ACTIVITIES.—Except for funds

3 available to the Secretary to carry out section 123,

4 no funds available under this Act shall be used for

5 employment generating activities, economic develop6 ment activities, investment in revolving loan funds,

7 capitalization of businesses, investment in contract

8 bidding resource centers, and similar activities, or

9 for foreign travel.

10 (11) APPLICABILITY OF FEDERAL REQUIRE11 MENTS RELATING TO TITLE, USE, AND DISPOSITION

12 OF CERTAIN PROPERTY.—The Federal requirements

13 governing the title, use, and disposition of real prop14 erty, equipment, and supplies purchased with funds

15 provided under this Act shall be the Federal require16 ments generally applicable to Federal grants to

17 States and local governments.

18 (12) TRANSFER OF EXCESS PROPERTY OF THE

19 DEPARTMENT OF DEFENSE.—(A) Notwithstanding

20 title II of the Federal Property and Administrative

21 Services Act of 1949 (40 U.S.C. 481 et seq.) and

22 any other provision of law, the Secretary shall re23 ceive priority by the Secretary of Defense for the di24 rect transfer, on a nonreimbursable basis, of the

25 property described in subparagraph (B) for use in
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1 carrying out programs under this Act or under any

2 other Act.

3 (B) The property described in this subpara4 graph is both real and personal property under the

5 control of the Department of Defense that is not

6 used by such Department, including property that

7 the Secretary of Defense determines is in excess of

8 current and projected requirements of such Depart9 ment.

10 SEC. 142. BENEFITS.

11 (a) IN GENERAL.—Except as otherwise provided in

12 this title, the following provisions shall apply to all activi13 ties financed under this title:

14 (1) PROHIBITION ON PAYMENTS FOR FAILURE

15 TO PARTICIPATE WITHOUT GOOD CAUSE.—A partici16 pant under this title shall not receive payments for

17 training activities in which the participant fails to

18 participate without good cause.

19 (2) WAGE RATES.—An individual employed in

20 activities authorized under this title shall be paid

21 wages which shall not be less than the highest of—

22 (A) the minimum wage under section

23 6(a)(1) of the Fair Labor Standards Act of

24 1938;
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1 (B) the minimum wage under the applica2 ble State or local minimum wage law; or

3 (C) the prevailing rates of pay for individ4 uals employed in similar occupations by the

5 same employer.

6 (3) COMPENSATION FOR ON-THE-JOB TRAIN7 ING.—

8 (A) IN GENERAL.—Subject to subpara9 graph (B), a participant in on-the-job training

10 shall be compensated by the employer at the

11 same rates, including periodic increases, as

12 similarly situated employees or trainees and in

13 accordance with applicable law.

14 (B) MINIMUM RATES.—The rates of com15 pensation described in subparagraph (A) shall

16 not be less than the higher of the rate specified

17 in section 6(a)(1) of the Fair Labor Standards

18 Act of 1938 or the applicable State or local

19 minimum wage law.

20 (4) APPLICABILITY OF WAGE RATES WITH RE21 SPECT TO EMPLOYEES IN THE COMMONWEALTH OF

22 PUERTO RICO AND AMERICAN SAMOA.—References

23 in paragraphs (2) and (3) to section 6(a)(1) of the

24 Fair Labor Standards Act of 1938 (29 U.S.C.

25 206(a)(1)—
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1 (A) shall be deemed to be references to

2 section 6(c) of that Act for individuals in the

3 Commonwealth of Puerto Rico;

4 (B) shall be deemed to be references to

5 6(a)(3) of that Act for individuals in American

6 Samoa; and

7 (C) shall not be applicable for individuals

8 in other territorial jurisdictions in which section

9 6 of the Fair Labor Standards Act of 1938

10 does not apply.

11 (b) INCOME DISREGARD.—Allowances, earnings, and

12 payments to individuals participating in programs under

13 this title shall not be considered as income for the pur14 poses of determining eligibility for and the amount of in15 come transfer and in-kind aid furnished under any Fed16 eral or federally assisted program based on need, except

17 as provided under the Social Security Act.

18 SEC. 143. LABOR STANDARDS.

19 (a) IN GENERAL.—

20 (1) CONDITIONS OF EMPLOYMENT AND TRAIN21 ING.—Conditions of employment and training shall

22 be appropriate and reasonable in light of such fac23 tors as the type of work, geographical region, and

24 proficiency of the participant in a program under

25 this title.
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1 (2) HEALTH AND SAFETY STANDARDS.—

2 (A) IN GENERAL.—Health and safety

3 standards established under Federal and State

4 law, otherwise applicable to working conditions

5 of employees, shall be equally applicable to

6 working conditions of participants in programs

7 under this title.

8 (B) ACTIVITIES NOT COVERED UNDER THE

9 OCCUPATIONAL SAFETY AND HEALTH ACT OF

10 1970.—With respect to any participant in a

11 program under this title who is engaged in ac12 tivities which are not covered by health and

13 safety standards under the Occupational Safety

14 and Health Act of 1970, the Secretary shall

15 prescribe, by regulation, such standards as may

16 be necessary to protect the health and safety of

17 such participant.

18 (3) WORKERS COMPENSATION LAW.—

19 (A) IN GENERAL.—To the extent that a

20 State workers’ compensation law is applicable,

21 workers’ compensation benefits in accordance

22 with such law shall be available with respect to

23 injuries suffered by participants.

24 (B) INSURANCE COVERAGE.—To the ex25 tent that such law is not applicable, each recipi-
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1 ent of funds under this title shall secure insur2 ance coverage for injuries suffered by such par3 ticipants, in accordance with regulations pre4 scribed by the Secretary.

5 (4) BENEFITS AND WORKING CONDITIONS

6 UNDER SUBSIDIZED JOBS.—All individuals employed

7 in subsidized jobs in a program under this title shall

8 be provided benefits and working conditions at the

9 same level and to the same extent as other employ10 ees working a similar length of time and doing the

11 same type of work.

12 (5) PROHIBITION ON CONTRIBUTIONS TO RE13 TIREMENT SYSTEMS OR PLANS.—No funds available

14 under this title may be used for contributions on be15 half of any participant to retirement systems or

16 plans.

17 (b) DISPLACEMENT OF EMPLOYEES.—

18 (1) IN GENERAL.—A currently employed worker

19 shall not be displaced by any participant in a pro20 gram under this title (including partial displacement

21 such as a reduction in the hours of nonovertime

22 work, wages, or employment benefits).

23 (2) PROHIBITION ON EMPLOYMENT OF PARTICI24 PANT DUE TO LAYOFF OR TERMINATION OF EM25 PLOYEE.—A participant in a program under this
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1 title shall not be employed or a job opening filled

2 if—

3 (A) any other individual is on layoff from

4 the same or any substantially equivalent job; or

5 (B) the employer has terminated the em6 ployment of any regular employee or otherwise

7 reduced its workforce with the intention of fill8 ing the vacancy so created by hiring a partici9 pant whose wages are subsidized under this

10 title.

11 (3) INFRINGEMENT OF PROMOTIONAL OPPOR12 TUNITIES.—Jobs shall not be created in a pro13 motional line that will infringe in any way upon the

14 promotional opportunities of currently employed in15 dividuals.

16 (c) IMPAIRMENT OF CONTRACTS OR COLLECTIVE

17 BARGAINING AGREEMENTS.—A program under this title

18 shall not impair—

19 (1) existing contracts for services; or

20 (2) existing collective bargaining agreements.

21 The employer and the labor organization must concur in

22 writing with respect to any elements of the proposed ac23 tivities which affect such agreement.

24 (d) ORGANIZED LABOR.—
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1 (1) UNION ORGANIZING.—Each recipient of

2 funds under this title shall provide to the Secretary

3 assurances that none of such funds will be used to

4 assist, promote, or deter union organizing.

5 (2) CONSULTATION REQUIREMENT.—Any pro6 gram conducted with funds made available under

7 this title which will provide services to members of

8 a labor organization will be established only after

9 full consultation with such organization.

10 (3) OPPORTUNITY TO COMMENTS WITH RE11 SPECT TO CERTAIN PROPOSALS.—If a labor organi12 zation represents a substantial number of employees

13 who are engaged in similar work or training in the

14 same area as that proposed to be funded under this

15 title, an opportunity shall be provided for such orga16 nization to submit comments with respect to such

17 proposal.

18 (e) PREVAILING WAGES.—

19 (1) IN GENERAL.—All laborers and mechanics

20 employed by contractors or subcontractors in any

21 construction, alteration, or repair, including painting

22 and decorating, of project, buildings, and works

23 which are federally assisted under this title shall be

24 paid wages at rates not less than those prevailing or

25 similar construction in the locality as determined by
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1 the Secretary in accordance with the Act of March

2 3, 1921 (40 U.S.C. 276a–276a–5), commonly known

3 as the Davis-Bacon Act.

4 (2) AUTHORITY AND FUNCTIONS OF SEC5 RETARY.—The Secretary shall have, with respect to

6 such labor standards, the authority and functions

7 set forth in Reorganization Plan Numbered 14 of

8 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2

9 of the Act of June 1, 1934, as amended (48 Stat.

10 948, as amended; 40 U.S.C. 276(c)).

11 (3) NONAPPLICABILITY TO TRAINING PROGRAM

12 PARTICIPANTS.—The provisions of this subsection

13 shall not apply to a bona fide participant in a train14 ing program under this title.

15 (4) NONDISCRIMINATION.—The provisions of

16 section 157(a)(4) shall apply to such trainees.

17 SEC. 144. GRIEVANCE PROCEDURE.

18 (a) IN GENERAL.—Each substate grantee, contrac19 tor, and grantee under this Act shall establish and main20 tain a grievance procedure for grievances or complaints

21 relating to its programs and activities from participants,

22 subgrantees, subcontractors, and other interested persons.

23 Any determination, decision, or other action which affects

24 the payment of unemployment compensation benefits shall

25 not be subject to the grievance procedure established
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1 under the preceding sentence. Hearings on any grievance

2 shall be conducted within 30 days of filing of a grievance

3 and decisions shall be made not later than 60 days after

4 the filing of a grievance. Except for complaints alleging

5 fraud or criminal activity, complaints shall be made within

6 one year of the alleged occurrence.

7 (b) GRIEVANCE PROCEDURE FOR EMPLOYEES OF

8 PARTICIPANTS.—Each recipient of financial assistance

9 under this title which is an employer of participants under

10 this title shall continue to operate or establish and main11 tain a grievance procedure relating to the terms and condi12 tions of employment.

13 (c) EXHAUSTION OF GRIEVANCE PROCEDURE.—

14 Upon exhaustion of the recipient’s grievance procedure

15 without decision, or where the Secretary has reason to be16 lieve that the recipient is failing to comply with the re17 quirements of this title, the Secretary shall investigate the

18 allegation or belief and determine within 120 days after

19 receiving the complaint whether such allegation or com20 plaint is true.

21 (d) INVESTIGATION BY SECRETARY.—

22 (1) IN GENERAL.—If a person alleges a viola23 tion of section 143 and such person exhausts the re24 cipient’s grievance procedure or the 60-day time pe25 riod described in subsection (a) has elapsed without
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1 a decision, either party to such procedure may sub2 mit the grievance to the Secretary. The Secretary

3 shall investigate the allegations contained in the

4 grievance and make a determination as to whether

5 a violation of section 143 has occurred.

6 (2) MODIFICATION OR REVERSAL OF DECI7 SION.—If the results of the investigation conducted

8 pursuant to paragraph (1) indicate that a modifica9 tion or reversal of the decision issued pursuant to

10 the recipient’s grievance procedure is warranted, or

11 the 60-day time period described in subsection (a)

12 has elapsed without a decision, the Secretary may

13 modify or reverse the decision, or issue a decision if

14 no decision has been issued, as the case may be,

15 after an opportunity for a hearing in accordance

16 with the procedures under section 156.

17 (3) FINAL DECISION.—If the Secretary deter18 mines that the decision issued pursuant to the re19 cipient’s grievance procedure is appropriate, the de20 termination shall become the final decision of the

21 Secretary.

22 (e) BINDING GRIEVANCE PROCEDURE.—

23 (1) IN GENERAL.—A person alleging a violation

24 of section 143 may, as an alternative to the proce25 dures described in this section, submit the grievance
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1 involving such violation to a binding grievance proce2 dure if a collective bargaining agreement covering

3 the parties to the grievance so provides.

4 (2) REMEDIES.—The remedies available under

5 paragraph (1) shall be limited to the remedies avail6 able under subsection (f)(1)(C) and subsection

7 (f)(2).

8 (f) REMEDIES AVAILABLE TO GRIEVANTS.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), remedies available to grievants under this

11 section for violations of section 143 shall be limited

12 to—

13 (A) suspension or termination of payments

14 under this Act;

15 (B) prohibition of placement of a partici16 pant, for at least 2 years, in a program under

17 this Act with an employer that has violated sec18 tion 143, as determined under subsection (d) or

19 (e); and

20 (C) appropriate equitable relief (other than

21 back pay).

22 (2) ADDITIONAL REMEDIES.—In addition to the

23 remedies available under paragraph (1), remedies

24 available under this section for violations of sub-
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1 section (a)(4), paragraphs (1) and (3) of subsection

2 (b), and subsection (d) of section 143 may include—

3 (A) reinstatement of the grievant to the

4 position held by such grievant prior to displace5 ment;

6 (B) payment of lost wages and benefits;

7 and

8 (C) reestablishment of other relevant

9 terms, conditions, and privileges of employment.

10 (g) REMEDIES UNDER OTHER LAWS.—Nothing in

11 subsection (f) shall be construed to prohibit a grievant

12 from pursuing a remedy authorized under another Fed13 eral, State, or local law for a violation of section 143.

14 Subtitle E—Fiscal Administrative

15 Provisions

16 SEC. 151. PROGRAM YEAR.

17 (a) OBLIGATION OF FUNDS.—Except as provided in

18 subsection (b), beginning with fiscal year 1995 and there19 after, amounts appropriated for any fiscal year for pro20 grams and activities under this title shall be available for

21 obligation only on the basis of a program year. The pro22 gram year shall begin on July 1 in the fiscal year for which

23 the appropriation is made.

24 (b) EXPENDITURE OF OBLIGATED FUNDS UNDER

25 SUBTITLE B.—Funds obligated to carry out subtitle B for
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1 any program year may be expended by each recipient dur2 ing that program year and the two succeeding program

3 years.

4 SEC. 152. PROMPT ALLOCATION OF FUNDS.

5 (a) PUBLICATION OF FORMULA ALLOCATIONS AND

6 ALLOTMENTS.—Whenever the Secretary allots and allo7 cates funds required to be allotted or allocated by formula

8 under this title, the Secretary shall publish in a timely

9 fashion in the Federal Register the proposed amount to

10 be distributed to each recipient.

11 (b) PUBLICATION OF DISCRETIONARY ALLOCATION

12 FORMULA.—Whenever the Secretary utilizes a formula to

13 allot or allocate funds made available for distribution at

14 the Secretary’s discretion under this Act, the Secretary

15 shall, not later than 30 days prior to such allotment or

16 allocation, publish such formula in the Federal Register

17 for comments along with the rationale for the formula and

18 the proposed amounts to be distributed to each State and

19 area. After consideration of any comments received, the

20 Secretary shall publish final allotments and allocations in

21 the Federal Register.

22 SEC. 153. MONITORING.

23 (a) IN GENERAL.—The Secretary is authorized to

24 monitor all recipients of financial assistance under this

25 title to determine whether such recipients are complying
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1 with the provisions of this title and the regulations issued

2 under this title.

3 (b) INVESTIGATIONS.—The Secretary may inves4 tigate any matter the Secretary determines is necessary

5 to determine compliance with the provisions of this title

6 and regulations issued under this title. The investigation

7 of any such matter may include examining records (includ8 ing making certified copies thereof), questioning employ9 ees, and entering any premises or onto any site in which

10 any part of a program of a recipient is conducted or in

11 which any of the records of the recipient are kept.

12 (c) WITNESSES AND DOCUMENTS.—For the purpose

13 of any investigation or hearing under this Act, the provi14 sions of section 9 of the Federal Trade Commission Act

15 (15 U.S.C. 49) (relating to the attendance of witnesses

16 and the production of books, papers, and documents) are

17 made applicable to the Secretary.

18 SEC. 154. FISCAL CONTROLS AND SANCTIONS.

19 (a) IN GENERAL.—

20 (1) FISCAL CONTROL AND FUND ACCOUNTING

21 PROCEDURES.—Each State shall establish such fis22 cal control and fund accounting procedures as may

23 be necessary to assure the proper disbursal of, and

24 accounting for, Federal funds paid to the recipient

25 under this title. Such procedures shall ensure that
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1 all financial transactions are conducted and records

2 maintained in accordance with generally accepted ac3 counting principles applicable in each State.

4 (2) UNIFORM COST PRINCIPLES.—The Sec5 retary shall prescribe regulations establishing uni6 form cost principles substantially equivalent to such

7 principles generally applicable to recipients of Fed8 eral grants funds. At a minimum, such standard

9 shall provide that, to be allowable, costs must—

10 (A) be necessary and reasonable for proper

11 and efficient administration of the program

12 under this title;

13 (B) be allocable to the program under this

14 title; and

15 (C) not be a general expense required to

16 carry out the overall responsibilities of State or

17 local governments, except as specifically pro18 vided by this title.

19 (3) PROCUREMENT STANDARDS.—The Gov20 ernor, in accordance with minimum requirements es21 tablished in regulations by the Secretary, shall pre22 scribe and implement procurement standards to en23 sure fiscal accountability and prevent fraud and

24 abuse in programs administered under this title. The

25 Secretary, in establishing such minimum require-
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1 ments, shall consult with the Inspector General of

2 the Department of Labor and take into consider3 ation relevant aspects of the circulars issued by the

4 Director of the Office of Management and Budget.

5 Such minimum requirements shall include provisions

6 to ensure that for States and substate areas—

7 (A) procurements shall be conducted in a

8 manner providing full and open competition;

9 (B) the use of sole source procurements

10 shall be minimized to the extent practicable, but

11 in every case shall be justified;

12 (C) procurements shall include an appro13 priate analysis of the reasonableness of costs

14 and prices;

15 (D) procurements shall not provide excess

16 program income (for nonprofit and government

17 entities) or excess profit (for private for-profit

18 entities), and that appropriate factors shall be

19 utilized in determining whether such income or

20 profit is excessive, such as—

21 (i) the complexity of the work to be

22 performed;

23 (ii) the risk borne by the contractor;

24 and
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1 (iii) market conditions in the sur2 rounding geographical area;

3 (E) procurements shall clearly specify

4 deliverables and the basis for payment;

5 (F) written procedures shall be established

6 for procurement transactions;

7 (G) a grantee, contractor, subgrantee, or

8 subcontractor shall not engage in any conflict of

9 interest, actual or apparent, in the selection,

10 award, or administration of a contract or grant

11 under this title;

12 (H) all grantees and subgrantees shall con13 duct oversight to ensure compliance with pro14 curement standards; and

15 (I) procurement transactions between units

16 of State or local governments shall be con17 ducted on a cost reimbursable basis.

18 (4) ON-SITE MONITORING.—The Governor shall

19 annually conduct on-site monitoring of each substate

20 grantee within the State to ensure compliance with

21 the procurement standards established pursuant to

22 paragraph (3).

23 (5) CORRECTIVE ACTION AND SANCTIONS WITH

24 RESPECT TO SUBSTATE GRANTEE.—If the Governor

25 determines that a substate grantee is not in compli-
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1 ance with the procurement standards established

2 pursuant to paragraph (3), the Governor shall—

3 (A) require corrective action to secure

4 prompt compliance; and

5 (B) impose the sanctions provided under

6 subsection (b) in the event of failure to take the

7 required corrective action.

8 (6) BIENNIAL CERTIFICATION.—The Governor

9 shall biennially certify to the Secretary that—

10 (A) the State has implemented the pro11 curement standards established pursuant to

12 paragraph (3);

13 (B) the State has monitored substate

14 grantees to ensure compliance with the procure15 ment standards as required under paragraph

16 (4); and

17 (C) the State has taken appropriate action

18 to secure compliance pursuant to paragraph

19 (5).

20 (7) CORRECTIVE ACTION AND SANCTIONS WITH

21 RESPECT TO STATE.—If the Secretary determines

22 that the Governor has not fulfilled the requirements

23 of this subsection, the Secretary shall—

24 (A) require corrective action to secure

25 prompt compliance; and
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1 (B) impose the sanctions provided under

2 subsection (f) in the event of failure of the Gov3 ernor to take the required corrective action.

4 (b) SUBSTANTIAL VIOLATIONS.—

5 (1) IMPOSITION OF REORGANIZATION PLAN.—

6 If, as a result of financial and compliance audits or

7 otherwise, the Governor determines that there is a

8 substantial violation of a specific provision of this

9 title or the regulations under this title, and correc10 tive action has not been taken, the Governor shall

11 impose a reorganization plan, which may include—

12 (A) redesignating the substate grantee;

13 (B) prohibiting the use of designated serv14 ice providers;

15 (C) merging the substate area into 1 or

16 more other existing substate areas; or

17 (D) other such changes as the Secretary or

18 Governor determines necessary to secure com19 pliance.

20 (2) APPEALS PROCESS.—(A) The actions taken

21 by the Governor pursuant to paragraph (1)(A) may

22 be appealed to the Secretary and shall not become

23 effective until—

24 (i) the time for appeal has expired; or

25 (ii) the Secretary has issued a decision.
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1 (B) The actions taken by the Governor pursu2 ant to paragraph (1)(B) may be appealed to the

3 Secretary, who shall make a final decision not later

4 than 60 days of the receipt of the appeal.

5 (3) FAILURE BY GOVERNOR TO TAKE PROMPT

6 ACTION.—If the Governor fails to promptly take the

7 actions required under paragraph (1), the Secretary

8 shall take such actions.

9 (c) REPAYMENT OF FUNDS.—Every recipient shall

10 repay to the United States amounts found not to have

11 been expended in accordance with this title. The Secretary

12 may offset such amounts against any other amount to

13 which the recipient is or may be entitled under this Act

14 unless the Secretary determines that such recipient should

15 be held liable pursuant to subsection (d). No such action

16 shall be taken except after notice and opportunity for a

17 hearing have been given to the recipient.

18 (d) LIABILITY FOR REPAYMENT OF FUNDS.—

19 (1) IN GENERAL.—Each recipient shall be liable

20 to repay such amounts, from funds other than funds

21 received under this title, upon a determination that

22 the misexpenditures of funds was due to willful dis23 regard of the requirements of this title, gross neg24 ligence, or failure to observe accepted standards of
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1 administration. No such finding shall be made ex2 cept after notice and opportunity for a fair hearing.

3 (2) REQUIREMENTS.—In determining whether

4 to impose any sanction authorized by this section

5 against a recipient for violations by a subgrantee of

6 such recipient under this title or the regulations

7 under this title, the Secretary shall first determine

8 whether such recipient has adequately demonstrated

9 that it has—

10 (A) established and adhered to an appro11 priate system for the award and monitoring of

12 contracts with subgrantees which contains ac13 ceptable standards for ensuring accountability;

14 (B) entered into a written contract with

15 such subgrantee which established clear goals

16 and obligations in unambiguous terms;

17 (C) acted with due diligence to monitor the

18 implementation of the subgrantee contract, in19 cluding the carrying out of the appropriate

20 monitoring activities (including audits) at rea21 sonable intervals; and

22 (D) taken prompt and appropriate correc23 tive action upon becoming aware of any evi24 dence of a violation of this Act or the regula25 tions under this Act by such subgrantee.
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1 (3) WAIVER.—If the Secretary determines that

2 the recipient has demonstrated substantial compli3 ance with the requirements of paragraph (2), the

4 Secretary may waive the imposition of sanctions au5 thorized by this section upon such recipient. The

6 Secretary is authorized to impose any sanction con7 sistent with the provisions of this title and any ap8 plicable Federal or State law directly against any

9 subgrantee for violation of this Act or the regula10 tions under this Act.

11 (e) EMERGENCY TERMINATION OF FINANCIAL AS12 SISTANCE.—

13 (1) IN GENERAL.—In emergency situations, if

14 the Secretary determines it is necessary to protect

15 the integrity of the funds or ensure the proper oper16 ation of the program, the Secretary may imme17 diately terminate or suspend financial assistance, in

18 whole or in part, if the recipient is given prompt no19 tice and the opportunity for a subsequent hearing

20 within 30 days after such termination or suspension.

21 (2) NONDELEGATION OF FUNCTIONS.—The

22 Secretary shall not delegate any of the functions

23 specified in paragraph (1), other than to an officer

24 whose appointment was required to be made by and

25 with the advice and consent of the Senate.
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1 (f) CORRECTIVE MEASURES.—If the Secretary deter2 mines that any recipient under this title has discharged

3 or in any other manner discriminated against a partici4 pant or against any individual in connection with the ad5 ministration of the program involved, or against any indi6 vidual because such individual has filed any complaint or

7 instituted or caused to be instituted any proceeding under

8 or related to this title, or has testified or is about to testify

9 in any such proceeding or investigation under or related

10 to this title, or otherwise unlawfully denied to any individ11 ual a benefit under the provisions of this title, or the Sec12 retary’s regulations, the Secretary shall, within thirty

13 days, take such action or order such corrective measures,

14 as necessary, with respect to the recipient or the aggrieved

15 individual, or both.

16 (g) REMEDIES NOT EXCLUSIVE.—The remedies

17 under this section shall not be construed to be exclusive

18 remedies.

19 SEC. 155. REPORTS, RECORDKEEPING, AND INVESTIGA20 TIONS.

21 (a) RECORDS.—(1) Recipients shall keep records that

22 are sufficient to permit the preparation of reports required

23 by this title and to permit the tracing of funds to a level

24 of expenditure adequate to ensure that the funds have not

25 been spent unlawfully.
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1 (2) Every recipient shall maintain such records and

2 submit such reports, in such form and containing such in3 formation, as the Secretary requires regarding the per4 formance of its programs. Such records and reports shall

5 be submitted to the Secretary but shall not be required

6 to be submitted more than once each quarter unless spe7 cifically requested by the Congress or a committee thereof.

8 (3) In order to allow for the preparation of national

9 estimates necessary to meet the requirements of sub10 section (c), recipients shall maintain standardized records

11 for all individual participants and provide to the Secretary

12 a sufficient number of such records to provide for an ade13 quate analysis.

14 (4)(A) Except as provided in subparagraph (B),

15 records maintained by recipients pursuant to this sub16 section shall be made available to the public upon request.

17 (B) Subparagraph (A) shall not apply to—

18 (i) information, the disclosure of which would

19 constitute a clearly unwarranted invasion of personal

20 privacy; and

21 (ii) trade secrets, or commercial or financial in22 formation, obtained from a person and privileged or

23 confidential.
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1 (C) Recipients may charge fees sufficient to recover

2 costs applicable to the processing of requests for records

3 under subparagraph (A).

4 (b) INVESTIGATIONS.—(1)(A) In order to evaluate

5 compliance with the provisions of this title, the Secretary

6 shall conduct, in several States, in each fiscal year, inves7 tigations of the use of funds received by recipients under

8 this title.

9 (B) In order to ensure compliance with the provisions

10 of this title, the Comptroller General of the United States

11 may conduct investigations of the use of funds received

12 under this title by any recipient.

13 (2) In conducting any investigation under this title,

14 the Secretary or the Comptroller General of the United

15 States may not request the compilation of any new infor16 mation not readily available to such recipient.

17 (3)(A) In carrying out any audit under this title

18 (other than any initial audit survey or any audit inves19 tigating possible criminal or fraudulent conduct), either

20 directly or through grant or contract, the Secretary, the

21 Inspector General, or the Comptroller General of the Unit22 ed States shall furnish to the State, substate grantee, re23 cipient, or other entity to be audited, advance notification

24 of the overall objectives and purposes of the audit, and

25 any extensive recordkeeping or data requirements to be
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1 met, not fewer than 14 days (or as soon as practicable),

2 prior to the commencement of the audit.

3 (B) If the scope, objectives, or purposes of the audit

4 change substantially during the course of the audit, the

5 entity being audited shall be notified of the change as soon

6 as practicable.

7 (C) The reports on the results of such audits shall

8 cite the law, regulation, policy, or other criteria applicable

9 to any finding.

10 (D) Nothing contained in this title shall be construed

11 so as to be inconsistent with the Inspector General Act

12 of 1978 (5 U.S.C. App.) or government auditing standards

13 issued by the Comptroller General.

14 (c) RESPONSIBILITIES OF FUND RECIPIENTS.—Each

15 State, substate grantee, and recipient (other than a sub16 recipient, grantee or contractor of a recipient) receiving

17 funds under this title shall—

18 (1) make readily accessible reports concerning

19 its operations and expenditures as shall be pre20 scribed by the Secretary;

21 (2) prescribe and maintain comparable manage22 ment information systems, in accordance with guide23 lines that shall be prescribed by the Secretary, de24 signed to facilitate the uniform compilation, cross

25 tabulation, and analysis of programmatic, partici-
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1 pant, and financial data, on statewide and substate

2 area bases, necessary for reporting, monitoring, and

3 evaluating purposes, including data necessary to

4 comply with section 157; and

5 (3) monitor the performance of service provid6 ers in complying with the terms of grants, contracts,

7 or other agreements made pursuant to this Act.

8 (d) RETENTION OF RECORDS.—The Governor shall

9 ensure that requirements are established for retention of

10 all records pertinent to all grants awarded, and contracts

11 and agreements entered into, under this title, including

12 financial, statistical, property and participant records and

13 supporting documentation. For funds allotted to a State

14 for any program year, records shall be retained for 2 years

15 following the date on which the annual expenditure report

16 containing the final expenditures charged to such program

17 year’s allotment is submitted to the Secretary. Records for

18 nonexpendable property shall be retained for a period of

19 3 years after final disposition of the property. All such

20 records may be retained electronically.

21 (e) FINANCIAL RECORDS.—Each State and substate

22 grantee shall maintain records with respect to programs

23 under this title that identify—
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1 (1) any program income or profits earned, in2 cluding such income or profits earned by

3 subrecipients; and

4 (2) any costs incurred (such as stand-in costs)

5 that are otherwise allowable except for funding limi6 tations.

7 SEC. 156. ADMINISTRATIVE ADJUDICATION.

8 (a) IN GENERAL.—Whenever any applicant for finan9 cial assistance under this title is dissatisfied because the

10 Secretary has made a determination not to award financial

11 assistance in whole or in part to such applicant, the appli12 cant may request a hearing before an administrative law

13 judge of the Department of Labor. A similar hearing may

14 also be requested by any recipient upon whom a corrective

15 action or a sanction has been imposed by the Secretary.

16 Except to the extent provided for in section 141(b), sub17 sections (d) and (e) of section 144, or section 157, all

18 other disputes arising under this title shall be adjudicated

19 under grievance procedures established by the recipient or

20 under applicable law other than this title.

21 (b) FINAL DECISIONS.—The decision of the adminis22 trative law judge shall constitute final action by the Sec23 retary unless, within 20 days after receipt of the decision

24 of the administrative law judge, a party dissatisfied with

25 the decision or any part thereof has filed exceptions with
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1 the Secretary specifically identifying the procedure, fact,

2 law, or policy to which exception is taken. Any exception

3 not specifically urged shall be deemed to have been waived.

4 Thereafter the decision of the administrative law judge

5 shall become the final decision of the Secretary unless the

6 Secretary, within 30 days of such filing, has notified the

7 parties that the case has been accepted for review.

8 (c) DEADLINE FOR REVIEW.—Any case accepted for

9 review by the Secretary shall be decided within 180 days

10 of such acceptance. If not so decided, the decision of the

11 administrative law judge shall become the final decision

12 of the Secretary.

13 (d) APPLICABLE PROVISIONS.—The provisions of

14 section 158 shall apply to any final action of the Secretary

15 under this section.

16 SEC. 157. NONDISCRIMINATION.

17 (a) IN GENERAL.—(1) For the purpose of applying

18 the prohibitions against discrimination on the basis of age

19 under the Age Discrimination Act of 1975, on the basis

20 of disability under section 504 of the Rehabilitation Act,

21 on the basis of sex under title IX of the Education Amend22 ments of 1972, or on the basis of race, color, or national

23 origin under title VI of the Civil Rights Act of 1964, pro24 grams and activities funded or otherwise financially as25 sisted in whole or in part under this title are considered
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1 to be programs and activities receiving Federal financial

2 assistance.

3 (2) No individual shall be excluded from participation

4 in, denied the benefits of, subjected to discrimination

5 under, or denied employment in the administration of or

6 in connection with any such program because of race,

7 color, religion, sex, national origin, age, political affiliation

8 or belief, or status as a qualified individual with disabil9 ities.

10 (3) Participants shall not be employed on the con11 struction, operation, or maintenance of so much of any

12 facility as is used or to be used for sectarian instruction

13 or as a place for religious worship.

14 (4) With respect to terms and conditions affecting,

15 or rights provided to, individuals who are participants in

16 activities supported by funds provided under this title,

17 such individuals shall not be discriminated against solely

18 because of their status as such participants.

19 (5) Participation in programs and activities finan20 cially assisted in whole or in part under this title shall

21 be open to citizens and nationals of the United States,

22 lawfully admitted permanent resident aliens, lawfully ad23 mitted refugees and parolees, and other individuals au24 thorized by the Attorney General to work in the United

25 States.
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1 (b) FAILURE TO COMPLY.—Whenever the Secretary

2 finds that a State or other recipient has failed to comply

3 with a provision of law referred to in subsection (a)(1),

4 with paragraph (2), (3), (4), or (5) of subsection (a), or

5 with an applicable regulation prescribed to carry out such

6 paragraphs, the Secretary shall notify such State or recipi7 ent and shall request it to comply with such provision of

8 law or such paragraph, as the case may be. If within a

9 reasonable period of time, not to exceed sixty days, the

10 State or recipient fails or refuses to comply, the Secretary

11 may—

12 (1) refer the matter to the Attorney General

13 with a recommendation that an appropriate civil ac14 tion be instituted;

15 (2) exercise the powers and functions provided

16 by title VI of the Civil Rights Act of 1964, the Age

17 Discrimination Act of 1975, or section 504 of the

18 Rehabilitation Act of 1973, as may be applicable; or

19 (3) take such other action as may be provided

20 by law.

21 (c) REFERRAL TO ATTORNEY GENERAL.—When a

22 matter is referred to the Attorney General pursuant to

23 subsection (b)(1), or whenever the Attorney General has

24 reason to believe that a State or other recipient is engaged

25 in a pattern or practice in violation of a provision of law
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1 referred to in subsection (a)(1) or in violation of para2 graph (2), (3), (4), or (5) of subsection (a), the Attorney

3 General may bring a civil action in any appropriate district

4 court of the United States for such relief as may be appro5 priate, including injunctive relief.

6 SEC. 158. JUDICIAL REVIEW.

7 (a) IN GENERAL.—(1) With respect to any final

8 order by the Secretary under section 156 whereby the Sec9 retary determines to award, to not award, or to only condi10 tionally award, financial assistance, with respect to any

11 final order of the Secretary under section 156, with re12 spect to a corrective action or sanction imposed under sec13 tion 154, any party to a proceeding which resulted in such

14 final order may obtain review of such final order in the

15 United States Court of Appeals having jurisdiction over

16 the applicant or recipient of funds, by filing a review peti17 tion within 30 days of such final order.

18 (2) The clerk of the court shall transmit a copy of

19 the review petition to the Secretary, who shall file the

20 record upon which the final order was entered as provided

21 in section 2112 of title 28, United States Code. Review

22 petitions, unless ordered by the court, shall not stay the

23 Secretary’s order. Petitions under this title shall be heard

24 expeditiously, if possible within ten days of the filing of

25 a reply brief.
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1 (3) No objection to the order of the Secretary shall

2 be considered by the court unless the objection shall have

3 been specifically and timely urged before the Secretary.

4 Review shall be limited to questions of law and the Sec5 retary’s findings of fact shall be conclusive if supported

6 by substantial evidence.

7 (b) JURISDICTION OF THE COURT.—The court shall

8 have jurisdiction to make and enter a decree affirming,

9 modifying, or setting aside the order of the Secretary in

10 whole or in part. The court’s judgment shall be final, sub11 ject to certiorari review by the Supreme Court of the

12 United States as provided in section 1254(1) of title 28,

13 United States Code.

14 SEC. 159. ADMINISTRATIVE PROVISIONS.

15 (a) RULES AND REGULATIONS.—The Secretary may,

16 in accordance with chapter 5 of title 5, United States

17 Code, prescribe such rules and regulations (including per18 formance standards) as the Secretary deems necessary.

19 Such rules and regulations may include adjustments au20 thorized by section 204 of the Intergovernmental Coopera21 tion Act of 1968. All such rules and regulations shall be

22 published in the Federal Register at least thirty days prior

23 to their effective date. Copies of all such rules and regula24 tions shall be transmitted to the appropriate committees

25 of the Congress at the same time and shall contain, with
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1 respect to each material provision of such rules and regu2 lations, citations to the particular substantive section of

3 law which is the basis therefor.

4 (b) GIFTS.—The Secretary is authorized, in carrying

5 out this title, to accept, purchase, or lease in the name

6 of the department, and employ or dispose of in furtherance

7 of the purposes of this title, any money or property, real,

8 personal, or mixed, tangible or intangible, received by gift,

9 devise, bequest, or otherwise, and to accept voluntary and

10 uncompensated services notwithstanding the provisions of

11 section 1342 of title 31, United States Code.

12 (c) AUTHORITY TO EXPEND FUNDS.—The Secretary

13 may make such grants, contracts, or agreements, establish

14 such procedures and make such payments, in installments

15 and in advance or by way of reimbursement, or otherwise

16 allocate or expend funds under this title as necessary to

17 carry out this title, including (without regard to the provi18 sions of section 4774(d) of title 10, United States Code)

19 expenditures for construction, repairs, and capital im20 provements, and including necessary adjustments in pay21 ments on account of overpayments of underpayments.

22 (d) USE OF SERVICES AND FACILITIES.—The Sec23 retary is authorized, in carrying out this title, under the

24 same conditions applicable under section 159(c) or to the

25 extent permitted by law other than this title, to accept
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1 and use the services and facilities of departments, agen2 cies, and establishments of the United States. The Sec3 retary is also authorized to accept and use the services

4 and facilities of the agencies of any State or political sub5 division of a State, with its consent.

6 (e) POLITICAL ACTIVITIES.—The Secretary shall not

7 provide financial assistance for any program under this

8 title which involves political activities.

9 SEC. 160. OBLIGATIONAL AUTHORITY.

10 Notwithstanding any other provision of this title, no

11 authority to enter into contracts or financial assistance

12 agreements under this title shall be effective except to

13 such extent or in such amount as are provided in advance

14 in appropriation Acts.

15 Subtitle F—Consolidation

16 Provisions

17 SEC. 171. REPEALERS.

18 The following provisions of law are hereby repealed:

19 (1) Title III of the Job Training Partnership

20 Act (29 U.S.C. 1651 et seq.).

21 (2) Section 462(e) of such Act (29 U.S.C.

22 1752(e)).

23 (2) Part J of title IV of such Act (29 U.S.C.

24 1784 et seq.).
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1 SEC. 172. CONFORMING AMENDMENTS.

2 (a) JOB TRAINING PARTNERSHIP ACT.—

3 (1) TABLE OF CONTENTS.—The table of con4 tents of the Job Training Partnership Act (29

5 U.S.C. 1501 note) is amended—

6 (A) by striking the items relating to title

7 III; and

8 (B) by striking the items relating to part

9 J of title IV.

10 (2) AUTHORIZATION OF APPROPRIATIONS.—

11 Section 3 of such Act (29 U.S.C. 1502) is amend12 ed—

13 (A) by striking subsection (b); and

14 (B) by striking paragraph (5) of sub15 section (c).

16 (3) OTHER REFERENCES.—

17 (A) Section 106 of such Act (29 U.S.C.

18 1516) is amended—

19 (i) by striking subsection (c); and

20 (ii) in the first sentence of subsection

21 (e)—

22 (I) by striking ‘‘and title III’’;

23 and

24 (II) by striking ‘‘subsections (b)

25 and (c)’’ and inserting ‘‘subsection

26 (b)’’.
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1 (B) Section 108 of such Act (29 U.S.C.

2 1518) is amended by striking subsection (c) of

3 such section.

4 (C) Section 121 of such Act (29 U.S.C.

5 1531) is amended—

6 (i) in the first sentence of subsection

7 (b)(1), by striking ‘‘(including title III)’’;

8 and

9 (ii) by striking subsection (c)(7).

10 (D) Section 123(d)(2)(C) of such Act (29

11 U.S.C. 1533(d)(2)(C)) is amended in the sec12 ond sentence by striking ‘‘to title III partici13 pants and’’.

14 (E) Section 141(c) of such Act (29 U.S.C.

15 1551(c)) is amended by striking paragraph (5).

16 (b) OTHER PROVISIONS OF LAW.—

17 (1) CARL D. PERKINS VOCATIONAL AND AP18 PLIED TECHNOLOGY EDUCATION ACT.—

19 (A) Section 420A(a)(6)(D) of the Carl D.

20 Perkins Vocational and Applied Technology

21 Education Act (20 U.S.C. 2420a(a)(6)(D)) is

22 amended by striking ‘‘title III of the Job Train23 ing Partnership Act’’ and inserting ‘‘title I of

24 the Reemployment Act of 1994’’.
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1 (B) Section 511(b) of such Act (20 U.S.C.

2 2468(b)) is amended—

3 (i) in paragraph (1), by striking ‘‘,

4 title II, and title III’’ and inserting ‘‘and

5 title II’’;

6 (ii) by redesignating paragraph (2) as

7 paragraph (3); and

8 (iii) by inserting after paragraph (2)

9 the following new paragraph:

10 ‘‘(2) Title I of the Reemployment Act of

11 1994.’’.

12 (2) TITLE 5, U.S.C.—Section 3502(d)(3)(A) of

13 title 5, United States Code, is amended by striking

14 ‘‘section 311(b)(2) of the Job Training Partnership

15 Act’’ and inserting ‘‘section 112 of the Reemploy16 ment Act of 1994’’.

17 (3) TITLE 18, U.S.C.—Section 665 of title 18,

18 United States Code, is amended by striking ‘‘or the

19 Job Training Partnership Act’’ each place it appears

20 and inserting ‘‘, the Job Training Partnership Act,

21 or title I of the Reemployment Act of 1994.’’

22 (4) TRADE ACT OF 1974.—

23 (A) Section 236(a)(5) of the Trade Act of

24 1974 (19 U.S.C. 2296(a)(5)) is amended by

25 striking subparagraph (B).
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1 (B) Section 239(e) of such Act (19 U.S.C.

2 2311(e)) is amended in the first sentence by

3 striking ‘‘and under title III of the Job Train4 ing Partnership Act’’.

5 (5) WORKER ADJUSTMENT AND RETRAINING

6 NOTIFICATION ACT.—Section 3(a) of the Worker Ad7 justment and Retraining Notification Act (29 U.S.C.

8 2102(a)) is amended by striking ‘‘title III of the Job

9 Training Partnership Act (29 U.S.C. 1651 et seq.)’’

10 and inserting ‘‘title I of the Reemployment Act of

11 1994’’.

12 SEC. 173. TRANSITION.

13 The Secretary may establish such rules and proce14 dures as may be necessary to provide for the orderly tran15 sition from the programs under the provisions of law de16 scribed in section 171 to the program authorized under

17 this title.

18 TITLE II—ONE-STOP CAREER

19 SYSTEM FOR EMPLOYMENT

20 AND TRAINING

21 SEC. 201. PURPOSE.

22 The purpose of this title is to establish a Federal pro23 gram of grants and waivers to allow States and localities

24 the opportunity to transform the current array of employ25 ment and training programs into a coordinated informa-
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1 tion and service delivery system for individuals seeking

2 jobs and for employers seeking workers.

3 Subtitle A—Basic System

4 Components

5 SEC. 211. GENERAL REQUIREMENTS.

6 A one-stop career system under this title shall provide

7 for—

8 (1) integration of employment and training pro9 grams in accordance with section 212;

10 (2) choice of information, services, and provid11 ers of such information and services for customers

12 in such system in accordance with section 213;

13 (3) universal access to services by customers,

14 including individuals and employers, in accordance

15 with section 214; and

16 (4) accountability of the providers of such infor17 mation and services in accordance with section 215.

18 SEC. 212. INTEGRATION OF EMPLOYMENT AND TRAINING

19 PROGRAMS COMPONENT.

20 The integration of employment and training pro21 grams component of a one-stop career system shall include

22 the coordinated use of multiple employment and training

23 resources, program services, and delivery systems of the

24 programs described in section 242. Such component—

25 (1) shall include the use of—
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1 (A) common intake methodology;

2 (B) coordinated job development and

3 placement for multiple programs; and

4 (C) unified and linked computer systems,

5 including uniform management information sys6 tems; and

7 (2) shall include the use of at least 2 of the fol8 lowing:

9 (A) Common assessment methodology.

10 (B) Cross-training of staff for joint service

11 delivery.

12 (C) Coordinated employability development

13 teams.

14 (D) Joint purchasing and integrated con15 tracting.

16 (E) Individual service accounts.

17 SEC. 213. CUSTOMER CHOICE COMPONENT.

18 The customer choice component of a one-stop career

19 system shall ensure that individuals are provided with suf20 ficient information to make an informed choice with re21 spect to the types of information and services available

22 under such system, the providers of such information and

23 services, and the location and methods for obtaining such

24 information and services. Such component shall include a

25 choice with respect to—
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1 (1) the point of entry, to the extent practicable,

2 of such individuals into the system for the provision

3 of basic services described in section 243(a);

4 (2) the types of intensive services provided to

5 such individuals in accordance with section 243(b);

6 and

7 (3) the providers of education and training

8 services for individuals eligible for such services, to

9 the extent practicable, in accordance with section

10 243.

11 SEC. 214. UNIVERSAL ACCESS COMPONENT.

12 The universal access component of a one-stop career

13 system shall provide for access to a comprehensive array

14 of quality employment, education, and training services by

15 individuals and employers. Such component shall in16 clude—

17 (1)(A) co-location of services; or

18 (B) multiple points of entry into the system;

19 and

20 (2) the use of at least 2 of the following:

21 (A) Telecommunications and computer

22 technology, including the use of electronic

23 mailboards and toll-free telephone services.
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1 (B) Information booths in public areas, in2 cluding the stationing of staff at such booths

3 and the use of electronic information kiosks.

4 (C) Mobile units and satellite offices.

5 (D) Services described in subparagraph

6 (A) or (B) of paragraph (1) that have not been

7 included in such component under such para8 graph.

9 SEC. 215. ACCOUNTABILITY COMPONENT.

10 The accountability component of a one-stop career

11 system shall provide for accountability of the providers of

12 information and services to the satisfaction of individuals

13 receiving such information and services. Such component

14 shall provide for accountability with respect to the attain15 ment of positive employment and training outcomes by

16 such individuals, including attainment of such outcomes

17 by individuals from various demographic groups and spe18 cial populations. Such component shall include the use

19 of—

20 (1) measures for assessing performance and the

21 consequences for poor performance of providers of

22 information and services;

23 (2) methods to measure the satisfaction of indi24 viduals receiving such information and services, in25 cluding surveys and focus groups; and
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1 (3) consumer reports on achievement of per2 formance standards and best practices, which may

3 include information relating to—

4 (A) the types of services to be provided, in5 cluding the duration of such services and the lo6 cation at which such services will be provided;

7 (B) the number of individuals who have re8 ceived such services during the preceding 12-

9 month period; and

10 (C) the results of the receipt by individuals

11 of such services.

12 Subtitle B—Grants to States

13 SEC. 221. PURPOSE.

14 The purpose of this subtitle is to assist States in the

15 implementation of comprehensive statewide networks of

16 one-stop career systems in all areas of such States.

17 SEC. 222. AUTHORIZATION.

18 (a) GRANTS TO STATES.—The Secretary may provide

19 grants to States in such amounts as the Secretary deter20 mines to be necessary to enable such States to implement

21 comprehensive statewide networks of one-stop career sys22 tems in all areas of such States.

23 (b) GRANTS TO NATIVE AMERICAN TRIBAL ENTI24 TIES.—
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1 (1) IN GENERAL.—The Secretary may provide

2 grants to Native American tribal entities in such

3 amounts as the Secretary determines to be necessary

4 to enable such entities to implement one-stop career

5 systems for such entities.

6 (2) REQUIREMENTS.—In providing grants

7 under paragraph (1), the Secretary shall require Na8 tive American tribal entities to comply with require9 ments similar to those requirements imposed on

10 States under this subtitle, except where special cir11 cumstances exist which would make such require12 ments inappropriate to the accomplishment of the

13 purposes of this title, as determined by the Sec14 retary.

15 (c) NOTIFICATION OF INTERAGENCY TASK FORCE.—

16 The Secretary may provide a grant under this section only

17 if the Secretary notifies the interagency task force estab18 lished under section 264 prior to providing such grant.

19 (d) PERIOD OF GRANT.—The provision of payments

20 under a grant under subsection (a) shall not exceed 3 fis21 cal years and shall be subject to the annual approval of

22 the Secretary and subject to the availability of appropria23 tions for the fiscal year involved to make the payments.

24 (e) LIMITATION.—A State shall be eligible to receive

25 only 1 grant under subsection (a).
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1 SEC. 223. APPLICATION.

2 (a) IN GENERAL.—

3 (1) SUBMISSION.—Subject to paragraph (2),

4 the Secretary may not provide a grant under section

5 222 to a State unless the Governor of the State, on

6 behalf of the State, submits to the Secretary an ap7 plication, at such time, in such form, and containing

8 such information as the Secretary may reasonably

9 require.

10 (2) REVIEW AND COMMENT BY CERTAIN INDI11 VIDUALS.—If, after a reasonable effort, the Gov12 ernor is unable in accordance with subsection (c)(4)

13 to obtain the support of the individuals described in

14 subsection (b)(5) for the State plan described in

15 subsection (c), then the Governor shall—

16 (A) provide such individuals with copies of

17 the application;

18 (B) allow such individuals to submit to the

19 Governor, not later than the end of the 30-day

20 period beginning on the date on which the Gov21 ernor provides such individuals with copies of

22 such application under subparagraph (A), com23 ments on those portions of the plan that ad24 dress matters that, under State or other appli25 cable law, are under the jurisdiction of such in26 dividuals; and
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1 (C) include any such comments in the ap2 plication in accordance with subsection (b)(5).

3 (3) REVIEW AND COMMENT BY CERTAIN ENTI4 TIES.—Prior to submitting to the Secretary an ap5 plication under paragraph (1), the Governor shall

6 provide interested employers, labor organizations,

7 community-based organizations, and educational and

8 other public agencies with copies of such application,

9 allow such entities to submit comments on such ap10 plication in accordance with paragraph (2)(B), and

11 include such comments in the application.

12 (b) CONTENTS.—Such application shall include—

13 (1) a plan for a comprehensive statewide net14 work of one-stop career systems that meets the re15 quirements of subsection (c);

16 (2) assurances that the State will update such

17 plan during the period of the grant, as determined

18 to be necessary by the Secretary;

19 (3) a description of the manner in which the

20 State will manage funds received from such grant,

21 including the manner in which the State will allocate

22 funds made available through such grant to all one23 stop service areas in the State;

24 (4) a request, if the State decides to submit

25 such a request, for a waiver of 1 or more require-
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1 ments of the provisions of law, as provided for under

2 subtitle E;

3 (5) a description of the manner in which the

4 Governor, local elected officials, officials administer5 ing participating programs, and other appropriate

6 officials, collaborated in the development of the ap7 plication;

8 (6) any comments on the application submitted

9 to the Governor under subsection (a)(2), where ap10 plicable; and

11 (7) such other information as the Secretary

12 may require.

13 (c) STATE PLAN.—A State plan referred to in sub14 section (b)(1) shall—

15 (1) designate one-stop service areas and admin16 istrative entities in the State in accordance with sec17 tion 241;

18 (2) describe the manner in which the State will

19 stimulate and support one-stop career systems, in20 cluding the identification of the one-stop service

21 areas in the State that will immediately begin imple22 mentation of the one-stop career center systems and

23 the manner in which the comprehensive statewide

24 network of one-stop career systems will be expanded
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1 over the period of the grant to cover all geographic

2 areas in the State, including urban and rural areas;

3 (3) describe the procedure by which the individ4 uals described in subsection (b)(5) will collaborate in

5 the implementation of the comprehensive statewide

6 network of one-stop career systems;

7 (4) demonstrate the support of individuals de8 scribed in subsection (b)(5) for the plan, except in

9 the case where the Governor is unable to obtain the

10 support of such individuals as provided in subsection

11 (a)(2);

12 (5) describe the manner in which the State has

13 obtained and will continue to obtain the active and

14 continued involvement in the comprehensive state15 wide networks of one-stop career systems of locally

16 elected officials, postsecondary educational institu17 tions (or related agencies), employers, business asso18 ciations, industrial extension centers, employees,

19 statewide labor federations, local central labor bod20 ies, and other affected labor organizations, related

21 services personnel, students, community-based orga22 nizations, rehabilitation agencies and organizations,

23 local vocational educational agencies, vocational stu24 dent organizations, human service agencies, and

25 youth-serving agencies;
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1 (6) in the case of a State that has initiated the

2 establishment of a comprehensive statewide network

3 of one-stop career systems, a description of how such

4 system will be expanded with funds provided from a

5 grant under section 222;

6 (7) describe the manner in which the com7 prehensive statewide network of one-stop career sys8 tems will coordinate with or integrate local one-stop

9 career systems in existence on or after the date of

10 the enactment of this Act;

11 (8) describe the resources that the State in12 tends to use in maintaining the comprehensive state13 wide network of one-stop career systems when funds

14 provided from a grant under section 222 have been

15 expended;

16 (9) designate a fiscal agent to receive and be

17 accountable for funds provided from a grant under

18 section 222;

19 (10) describe the strategy of the State for pro20 viding training for employers, representatives of

21 labor organizations, counselors, related services per22 sonnel, and others under the comprehensive state23 wide network of one-stop career systems, including

24 specialized training and technical support for the

25 counseling and training of women, minorities, out-of-
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1 school youths, and individuals with disabilities for

2 high-skill, high-wage careers in nontraditional em3 ployment, and provide assurances of coordination

4 with similar training and technical support under

5 other provisions of law;

6 (11) describe the goals of the State and the

7 methods the State will use, such as awareness and

8 outreach, to ensure opportunities for women to par9 ticipate in the comprehensive statewide network of

10 one-stop career systems in a manner that leads to

11 employment in high-performance, high-paying jobs,

12 including nontraditional employment, and goals to

13 ensure an environment free from racial and sexual

14 harassment;

15 (12) describe how the State will serve individ16 uals from rural communities with low population

17 densities under the comprehensive statewide network

18 of one-stop career systems;

19 (13) ensure the provision of services described

20 in section 243 to individuals participating in one21 stop career systems in the State by one-stop service

22 providers described in section 244 in accordance

23 with operating agreements described in section 245;
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1 (14) describe how the State will meet the per2 formance standards prescribed by the Secretary in

3 accordance with section 262;

4 (15) designate the State human resource invest5 ment council or similar entity in accordance with

6 section 247;

7 (16) identify programs that will participate in

8 the one-stop career systems, the extent to which

9 such programs will provide services to program par10 ticipants through such systems, and the financial li11 ability of the respective parties relating to the funds

12 contributed by the participating programs under sec13 tion 242;

14 (17) describe the financial and nonfinancial

15 contributions to be made to the one-stop career sys16 tems by the participating programs under section

17 232, and the factors on which such contributions

18 shall be based, such as the number of participants

19 served and the quality of services provided;

20 (18) describe the extent and means by which

21 each one-stop system in the comprehensive statewide

22 network of one-stop career systems will provide for

23 the 4 basic system components in accordance with

24 subtitle A;
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1 (19) describe how available labor market infor2 mation and other appropriate methods will be uti3 lized in the comprehensive statewide network of one4 stop career systems in order to identify—

5 (A) the jobs currently available, the occu6 pations currently in demand, and the occupa7 tions likely to be in demand in the future in the

8 one-stop service areas in such network;

9 (B) the skill requirements relating to such

10 jobs and occupations; and

11 (C) the education and training services,

12 and the relative quality of such services, in the

13 one-stop service areas that are available to as14 sist individuals in acquiring such skills;

15 (20) describe the strategies to meet the needs

16 of segments of the population with barriers to em17 ployment under the comprehensive statewide net18 work of one-stop career systems, including the eco19 nomically disadvantaged, welfare recipients, at-risk

20 youths, dislocated workers, individuals with disabil21 ities, displaced homemakers, older workers, and

22 other targeted populations; and

23 (21) describe how the State will serve individ24 uals from areas of high urban and rural unemploy-
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1 ment which also contain high concentrations of indi2 viduals with low-skill levels.

3 SEC. 224. REVIEW OF APPLICATION.

4 (a) PRIORITY CONSIDERATIONS.—In evaluating ap5 plications submitted under section 223, the Secretary shall

6 give priority to applications in which—

7 (1) one-stop service areas are based on labor

8 market areas;

9 (2) a large percentage of funds made available

10 to carry out the Federal programs described in sec11 tion 242 are made available under the one-stop ca12 reer systems so that services and activities under

13 such programs are fully integrated on a financial

14 and programmatic basis into such systems;

15 (3) components of such systems described in

16 subtitle A have already been implemented by the

17 State;

18 (4) a higher percentage of the population or ge19 ographic areas of the State will be initially covered

20 by the one-stop service areas in such State;

21 (5) one-stop career systems will enhance serv22 ices described in section 243 through the use of

23 more than the minimum requirements of the compo24 nents described in sections 212 through 215; and
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1 (6) a high level of concurrence exists among the

2 individuals described in section 223(b)(5) for the

3 State plan.

4 (b) APPROVAL CRITERIA.—The Secretary shall ap5 prove an application submitted under section 223 only if

6 such application demonstrates that the one-stop career

7 systems under the comprehensive statewide network of

8 one-stop career systems described in such application are

9 likely to successfully implement the basic system compo10 nents described in subtitle A.

11 (c) ACTIONS.—

12 (1) IN GENERAL.—In reviewing each applica13 tion submitted under section 223, the Secretary

14 shall determine whether the application and the plan

15 described in such application meet the approval cri16 teria in subsection (b).

17 (2) ACTIONS AFTER AFFIRMATIVE DETERMINA18 TION.—If the determination under paragraph (1) is

19 affirmative, the Secretary may take 1 or more of the

20 following actions:

21 (A) Provide a grant under section 222 to

22 the State submitting the application.

23 (B) Approve the request of the State, if

24 any, for a waiver in accordance with the proce25 dures set forth in subtitle E.
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1 SEC. 225. USE OF AMOUNTS.

2 The Secretary may not provide a grant under section

3 222 to a State unless the State agrees that the State will

4 use all amounts received from such grant to implement

5 a comprehensive statewide network of one-stop career sys6 tems in accordance with this title.

7 SEC. 226. REPORTS.

8 The Secretary may not provide a grant under section

9 222 to a State unless the State agrees that the State will

10 submit to the Secretary such reports as the Secretary may

11 reasonably require, including—

12 (1) the use of amounts under such grant;

13 (2) the achievement of performance standards

14 for the system; and

15 (3) the attainment of customer satisfaction in

16 the system,

17 except that the Secretary may not require more than 1

18 such report during any 3-month period.

19 Subtitle C—Federal Grants to One20 Stop Service Areas

21 SEC. 231. PURPOSE.

22 The purpose of this subtitle is to provide grants di23 rectly to one-stop service areas to assist such areas in the

24 implementation of one-stop career systems.

25 SEC. 232. AUTHORIZATION.

26 (a) GRANTS TO ONE-STOP SERVICE AREAS.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 the Secretary may provide grants directly to one3 stop service areas that have been established in ac4 cordance with subsection (b)(1) in such amounts as

5 the Secretary determines to be necessary to enable

6 such areas to implement one-stop career systems.

7 (2) RESTRICTIONS.—A one-stop service area—

8 (A) shall be eligible to receive only 1 grant

9 under this subsection; and

10 (B) shall not be eligible to receive a grant

11 under this subsection if such area is located in

12 a State that—

13 (i) has been provided a grant under

14 subtitle B; and

15 (ii) has received amounts from such

16 grant for any fiscal year after the 1st fis17 cal year under such grant.

18 (b) ESTABLISHMENT OF ONE-STOP SERVICE AREAS

19 AND LOCAL CONSORTIA.—

20 (1) ESTABLISHMENT OF ONE-STOP SERVICE

21 AREAS.—A one-stop service area may be established

22 in accordance with 1 of the following methods:

23 (A) A local elected official of a unit of gen24 eral local government may designate such unit

25 of government as a one-stop service area. Such
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1 local elected official shall be designated the

2 chief elected official for such area.

3 (B) 2 or more local elected officials of

4 units of general local government may establish

5 a one-stop service area consisting of such units

6 of government. Such local elected officials shall

7 designate 1 such official to be the chief elected

8 official for such area.

9 (2) ESTABLISHMENT OF LOCAL CONSORTIA.—

10 The chief elected official designated under para11 graph (1) shall provide for the establishment of a

12 local consortium consisting of representatives of em13 ployers, labor organizations, and the programs de14 scribed in section 242 for the purpose of developing

15 the local plan, designating an administrative entity

16 to administer the one-stop career system for the one17 stop service area, and providing for the overall policy

18 guidance of the one-stop career system.

19 (c) NOTIFICATION OF INTERAGENCY TASK FORCE.—

20 The Secretary may provide a grant under this section only

21 if the Secretary notifies the interagency task force estab22 lished under section 264 prior to providing such grant.

23 (d) PERIOD OF GRANT.—The provision of payments

24 under a grant under subsection (a) shall not exceed 3 fis25 cal years and shall be subject to the annual approval of
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1 the Secretary and subject to the availability of appropria2 tions for the fiscal year involved to make the payments.

3 SEC. 233. APPLICATION.

4 (a) IN GENERAL.—The Secretary may not provide a

5 grant under section 232 to a one-stop service area unless

6 the chief elected official designated for such area, on be7 half of the local consortium established for such area, sub8 mits an application to the Secretary at such time and in

9 such form as the Secretary may require. The chief elected

10 official shall submit the application to the State for review

11 and comment before submitting the application to the Sec12 retary.

13 (b) TIME LIMIT FOR STATE REVIEW AND COM14 MENT.—

15 (1) IN GENERAL.—The State shall provide for

16 review and comment on the application under sub17 section (a) not later than 30 days after the date on

18 which the State receives the application from the

19 local elected official.

20 (2) SUBMISSION WITHOUT STATE REVIEW AND

21 COMMENT.—If the State does not provide review and

22 comment within the 30-day time period specified in

23 paragraph (1), the chief elected official may submit

24 the application to the Secretary without first obtain25 ing such review and comment.
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1 (c) CONTENTS.—Such application shall include—

2 (1) a local plan developed by the local consor3 tium for a one-stop career system that is, to the ex4 tent appropriate, consistent with the requirements of

5 the State plan for a comprehensive statewide net6 work of one-stop career systems described in section

7 223(c);

8 (2) assurances that the local consortium will

9 update such plan during the period of the grant, as

10 determined to be necessary by the Secretary;

11 (3) a request, if the local consortium decides to

12 submit such a request, for a waiver of 1 or more re13 quirements of the provisions of law, as provided for

14 under subtitle E;

15 (4) a description of the procedure by which

16 local elected officials, officials administering partici17 pating programs, and other appropriate officials, col18 laborated in the development of the application;

19 (5) the comments of the State on the plan, if

20 any; and

21 (6) such other information as the Secretary

22 may require.
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1 SEC. 234. REVIEW OF APPLICATION.

2 (a) PRIORITY CONSIDERATIONS.—In evaluating ap3 plications submitted under section 233, the Secretary shall

4 give priority to applications in which—

5 (1) one-stop service areas are based on labor

6 market areas;

7 (2) a large percentage of funds made available

8 to carry out the Federal programs described in sec9 tion 242 are made available under the one-stop ca10 reer systems so that services and activities under

11 such programs are fully integrated on a financial

12 and programmatic basis into such systems;

13 (3) components of such systems described in

14 subtitle A have already been implemented by the

15 local consortium;

16 (4) one-stop career systems will enhance serv17 ices described in section 243 through the use of

18 more than 3 of the methods of the integration of

19 employment and training programs component de20 scribed in section 212; and

21 (5) a high level of concurrence exists among the

22 individuals described in section 233(c)(4) for the

23 local plan.

24 (b) APPROVAL CRITERIA.—The Secretary shall ap25 prove an application submitted under section 233 only if

26 such application demonstrates that the one-stop career
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1 system described in such application is likely to success2 fully implement the basic system components described in

3 subtitle A.

4 (c) ACTIONS.—

5 (1) IN GENERAL.—In reviewing each applica6 tion submitted under section 233, the Secretary

7 shall determine whether the application and the plan

8 described in such application meet the approval cri9 teria in subsection (b).

10 (2) ACTIONS AFTER AFFIRMATIVE DETERMINA11 TION.—If the determination under paragraph (1) is

12 affirmative, the Secretary may take 1 or more of the

13 following actions:

14 (A) Provide a grant under section 232 to

15 the one-stop service area submitting the appli16 cation.

17 (B) Approve the request of the one-stop

18 service area, if any, for a waiver in accordance

19 with the procedures set forth in subtitle E.

20 SEC. 235. USE OF AMOUNTS.

21 The Secretary may not provide a grant under section

22 232 to a one-stop service area unless the area agrees that

23 it will use all amounts from such grant—

24 (1) to carry out activities to implement a one25 stop career system in accordance with this title; and
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1 (2) with respect to a one-stop service area lo2 cated in a State that has received a grant under

3 subtitle B, to integrate such system with the com4 prehensive statewide network of one-stop career sys5 tems in such State.

6 SEC. 236. REPORTS.

7 The Secretary may not provide a grant under section

8 232 to a one-stop service area unless the area agrees that

9 the area will submit to the Secretary such reports as the

10 Secretary may reasonably require, including—

11 (1) the use of amounts under such grant;

12 (2) the achievement of performance standards

13 for the system; and

14 (3) the attainment of customer satisfaction in

15 the system,

16 except that the Secretary may not require more than 1

17 such report during any 3-month period.

18 Subtitle D—Administrative

19 Requirements

20 SEC. 241. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE

21 STRUCTURE.

22 (a) ESTABLISHMENT OF ONE-STOP SERVICE

23 AREAS.—

24 (1) IN GENERAL.—The Governor shall, after

25 consultation with local elected officials and the State
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1 human resource investment council (to the extent

2 such council has been established) or similar entity,

3 establish one-stop service areas for the State in ac4 cordance with this section for the purpose of imple5 menting one-stop career systems in such areas.

6 (2) FACTORS TO BE CONSIDERED IN ESTAB7 LISHING ONE-STOP SERVICE AREAS.—In establishing

8 one-stop service areas under paragraph (1), the Gov9 ernor shall consider—

10 (A) the availability of services throughout

11 the State;

12 (B) the capability to coordinate the deliv13 ery of services with other job training, human

14 services, and economic development programs;

15 (C) the geographic boundaries of labor

16 market areas within the State; and

17 (D) the geographic boundaries of any con18 centrated employment program grantee for a

19 rural area described in section 101(a)(4)(A)(iii)

20 of the Job Training Partnership Act (29 U.S.C.

21 1511(a)(4)(A)(iii)).

22 (3) SPECIAL RULES.—

23 (A) TREATMENT OF SERVICE DELIVERY

24 AREAS AND SUBSTATE AREAS.—Each service

25 delivery area and substate area within a State
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1 shall be included within a one-stop service area

2 or designated as a one-stop service area and no

3 service delivery area and substate area shall be

4 divided among two or more one-stop service de5 livery areas.

6 (B) TREATMENT OF ONE-STOP SERVICE

7 AREAS ESTABLISHED UNDER SUBTITLE C.—

8 Each one-stop service area that has been estab9 lished under subtitle C shall be designated as a

10 one-stop service area by the Governor under

11 paragraph (1).

12 (4) REDESIGNATION.—The Governor may not

13 redesignate one-stop service areas established under

14 paragraph (1) more frequently than once every two

15 years.

16 (b) ESTABLISHMENT OF LOCAL CONSORTIA.—The

17 Governor and the local elected official in each one-stop

18 service area, shall provide for the establishment of a local

19 consortium in each one-stop service area consisting of rep20 resentatives of employers, labor organizations, and the

21 programs described in section 242 for the purpose of pro22 viding for the overall policy guidance of the one-stop ca23 reer system in such area, including the selection of one24 stop service providers.

25 (c) DESIGNATION OF ADMINISTRATIVE ENTITIES.—
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1 (1) AGREEMENT.—

2 (A) IN GENERAL.—An administrative en3 tity shall be designated, on a biennial basis, for

4 each one-stop service area for the purpose of

5 administering the one-stop career system in ac6 cordance with an agreement among the Gov7 ernor, the local elected official or officials, offi8 cials administering participating programs, and

9 other appropriate individuals.

10 (B) MULTIPLE OFFICIALS.—If a one-stop

11 service area is represented by more than one

12 such official, the respective officials shall each

13 designate representatives, in accordance with

14 procedures established by the Governor (after

15 consultation with the State council), to nego16 tiate such agreement.

17 (2) ELIGIBILITY.—Subject to paragraph (3), an

18 entity shall be eligible for designation as an adminis19 trative entity if such entity is a public agency or a

20 private nonprofit organization, including—

21 (A) a private industry council in the one22 stop service area;

23 (B) a service delivery area grant recipient

24 or administrative entity under the Job Training

25 Partnership Act (29 U.S.C. 1501 et seq.);
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1 (C) a community-based organization;

2 (D) a unit of general local government in

3 the one-stop service area or an agency of such

4 unit;

5 (E) a local office of a State agency;

6 (F) a community college or an area voca7 tional school; and

8 (G) a consortium of the entities described

9 in subparagraphs (A) through (E).

10 (3) INELIGIBILITY.—An entity shall not be eli11 gible for designation as an administrative entity if

12 such entity is a one-stop service provider that will

13 provide education or training services under the pro14 grams described in section 242.

15 SEC. 242. PARTICIPATING PROGRAMS.

16 Subject to the requirements of this Act, officials re17 sponsible for carrying out programs under the following

18 provisions of law may make available to participants in

19 a one-stop career system the services described in section

20 243 that are applicable to such programs and may partici21 pate in the operation of such system as a party to the

22 agreements described in section 245:

23 (1) Title I of this Act.

24 (2) Title II of the Job Training Partnership

25 Act (29 U.S.C. 1601 et seq.).
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1 (3) Part B of title IV of such Act (29 U.S.C.

2 1691 et seq.).

3 (4) Part C of title IV of such Act (29 U.S.C.

4 1721).

5 (5) Part H of title IV of such Act (29 U.S.C.

6 1782 et seq.).

7 (6) The Act of June 6, 1933 (commonly known

8 as the ‘‘Wagner-Peyser Act’’; 29 U.S.C. 49 et seq.).

9 (7) The School-to-Work Opportunities Act (20

10 U.S.C. 6101 et seq.).

11 (8) The Carl D. Perkins Vocational and Applied

12 Technology Education Act (20 U.S.C. 2301 et seq.).

13 (9) The Adult Education Act (20 U.S.C. 1201

14 et seq.).

15 (10) Title V of the Older Americans Act of

16 1965 (42 U.S.C. 3056 et seq.).

17 (11) Part F of title IV of the Social Security

18 Act (42 U.S.C. 681 et seq.).

19 (12) Section 6(d)(4) of the Food Stamp Act of

20 1977.

21 (13) Chapter 41 of title 38, United States

22 Code.

23 (14) Federal and State unemployment com24 pensation laws.
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1 (15) State laws providing for employment and

2 training services.

3 (16) Other Federal employment and training

4 laws, identified and determined to be appropriate by

5 the interagency task force established under section

6 264.

7 SEC. 243. SERVICES.

8 (a) BASIC SERVICES.—

9 (1) IN GENERAL.—Each one-stop service pro10 vider who has entered into an operating agreement

11 pursuant to section 245 shall make available to indi12 viduals participating in the one-stop career system

13 at no cost to such individuals the following basic

14 services:

15 (A) Outreach services to make individuals

16 aware of, and encourage the use of, employment

17 and training services, including—

18 (i) at a minimum, basic information

19 on all Federal, State, and local employ20 ment and training programs for which in21 dividuals may be eligible; and

22 (ii) efforts to expand awareness of

23 training and placement opportunities for

24 limited-English proficient individuals, dis25 advantaged youths and adults, displaced
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1 homemakers, and individuals with disabil2 ities.

3 (B) Common intake and orientation relat4 ing to information and services available in

5 such system.

6 (C) Subject to paragraph (3), assistance in

7 filing an initial claim for unemployment com8 pensation.

9 (D) Preliminary common assessment of the

10 skill levels (including appropriate testing) and

11 service needs of individuals, which may include

12 such factors as basic skills, occupational skills,

13 prior work experience, employability, interests,

14 aptitudes, and supportive service needs.

15 (E) Information relating to local, regional,

16 and national labor markets, including—

17 (i) job vacancy listings in such mar18 kets; and

19 (ii) information relating to local occu20 pations in demand and the earnings and

21 skill requirements for such occupations.

22 (F) Information relating to participating

23 job training and education programs (including

24 student financial assistance), including the eligi25 bility requirements of and services provided by
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1 such programs, the availability and quality of

2 such programs, and referrals to such programs,

3 where appropriate.

4 (G) Information collected pursuant to the

5 performance standards and customer feedback

6 requirements of section 246.

7 (H) Assistance in evaluating whether indi8 viduals are likely to be eligible for any program

9 participating in the one-stop career system.

10 (I) Information relating to programs and

11 providers of dependent care and other support12 ive services available in the local area.

13 (J) Provision of an informational packet

14 with respect to eligible programs which explains

15 the rights and responsibilities of the individual

16 and lists the appropriate agency to contact for

17 additional information.

18 (2) ADDITIONAL BASIC SERVICES.—In addition

19 to the services described in paragraph (1), at least

20 1 one-stop service provider in each one-stop career

21 system who has entered into an operating agreement

22 pursuant to section 245 shall also provide the follow23 ing additional basic services:
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1 (A) Job search assistance, including re2 sume and interview preparation, and work3 shops.

4 (B) Job referral and job placement assist5 ance.

6 (3) UNEMPLOYMENT COMPENSATION REQUIRE7 MENTS.—A State that requires the filing of an ini8 tial claim for unemployment compensation with an

9 employee of the State agency charged with the ad10 ministration of the State unemployment compensa11 tion law shall provide for—

12 (A) the availability of 1 or more employees

13 of such State agency to each one-stop career

14 system to take such initial claims; or

15 (B) the filing of such initial claims with

16 employees of such State agency from each one17 stop career system using telephonic, telefax, or

18 other means.

19 (b) INTENSIVE SERVICES.—

20 (1) IN GENERAL.—Subject to paragraph (2),

21 each one-stop service provider who has entered into

22 an operating agreement pursuant to section 245

23 may, in accordance with the written agreement de24 veloped pursuant to such section, provide to individ-
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1 uals participating in the one-stop career system the

2 following intensive services:

3 (A) Comprehensive and specialized assess4 ments of the skill levels and service needs of in5 dividuals, which may include—

6 (i) diagnostic testing and other assess7 ment tools; and

8 (ii) in-depth interviewing and evalua9 tion to identify employment barriers and

10 appropriate employment goals.

11 (B) The development of an individual re12 employment plan, which shall identify the em13 ployment goal (including in appropriate cir14 cumstances, nontraditional employment), appro15 priate achievement objectives, and the appro16 priate combination of services for a participant

17 to achieve the employment goal.

18 (C) Group counseling, including peer coun19 seling, which may be available to individuals

20 jointly with their immediate families, and which

21 may include counseling relating to stress man22 agement and financial management.

23 (D) Individualized counseling and career

24 planning, including peer counseling and coun-
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1 seling and planning relating to nontraditional

2 employment opportunities.

3 (E) Case management for individuals re4 ceiving education, training, and supportive serv5 ices, including periodically reviewing the

6 progress of the individual toward achieving em7 ployment goal of such individual.

8 (F) Job development.

9 (G) Out-of-area job search allowances.

10 (H) Relocation allowances.

11 (I) Assistance in the selection of education

12 and training providers.

13 (J) Assistance in obtaining income support

14 for which the individual is eligible, to enable

15 such individual to participate in training.

16 (K) Supportive services.

17 (L) Follow-up counseling for individuals

18 placed in training or employment.

19 (2) ADDITIONAL REQUIREMENT.—At least 1

20 one-stop service provider participating in a one-stop

21 career system shall provide both basic services under

22 subsection (a) and the intensive services described in

23 subparagraphs (A), (B), (D), (E), (I), and (J) of

24 paragraph (1) to individuals participating in the

25 one-stop career system.
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1 (c) SPECIALIZED EMPLOYER SERVICES.—

2 (1) IN GENERAL.—Each one-stop service pro3 vider who has entered into an operating agreement

4 pursuant to section 245 may provide to employers

5 the following services:

6 (A) Customized screening and referral of

7 individuals for employment.

8 (B) Customized assessment of skill levels

9 of the employer’s current employees.

10 (C) Analysis of the employer’s workforce

11 skill needs.

12 (D) Other specialized employment and

13 training services.

14 (2) JOB ORDERS.—Each one-stop career system

15 shall establish, pursuant to an agreement under sec16 tion 245 and in consultation with appropriate offi17 cials from the United States Employment Service, a

18 coordinated method for—

19 (A) soliciting, accepting, and disseminating

20 on a statewide basis, job orders submitted by

21 employers in the one-stop service area; and

22 (B) screening and referring applicants in

23 accordance with such orders.

24 (d) ADDITIONAL SERVICES.—Each one-stop service

25 provider who has entered into an operating agreement
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1 pursuant to section 245 may make available such addi2 tional services as are specified in the written agreement

3 under section 245.

4 SEC. 244. ONE-STOP SERVICE PROVIDERS.

5 (a) IN GENERAL.—The administrative entity, in

6 agreement with the local consortium, shall establish a

7 process for selecting one-stop service providers described

8 in subsection (b) for the one-stop career system.

9 (b) ONE-STOP SERVICE PROVIDER DESCRIBED.—

10 Subject to subsection (b), for purposes of this title, the

11 term ‘‘one-stop service provider’’ means a public agency

12 or a private nonprofit organization, including—

13 (1) a local office of the State employment secu14 rity agency;

15 (2) a substate grantee under title I of this Act;

16 (3) a service delivery area grant recipient or ad17 ministrative entity under the Job Training Partner18 ship Act (29 U.S.C. 1501 et seq.);

19 (4) a community college or area vocational

20 school;

21 (5) a community-based organization;

22 (6) other private nonprofit and public organiza23 tions and entities, including labor organizations; or

24 (7) a consortium consisting of 1 or more of the

25 entities described in paragraphs (1) through (6).
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1 (c) SPECIAL RULE.—A local office of the State em2 ployment security agency, or a consortium including such

3 an office, shall participate in a one-stop career system if

4 such office requests such participation and meets the per5 formance standards pursuant to section 262.

6 SEC. 245. OPERATING AGREEMENTS.

7 (a) IN GENERAL.—All one-stop service providers in

8 a one-stop career system shall enter into a single written

9 agreement with the administrative entity designated under

10 section 241(b) for the purpose of providing services under

11 the one-stop career system.

12 (b) APPROVAL AND OVERSIGHT.—

13 (1) IN GENERAL.—Subject to paragraph (2),

14 such agreement shall be subject to the approval of

15 the local elected official designated for the one-stop

16 service area. Such official shall oversee the develop17 ment of such agreement, ensure that the agreement

18 meets the requirements of this section, and monitor

19 the implementation of such agreement.

20 (2) PRIOR CONSULTATION REQUIREMENT.—

21 The local elected official may not approve an agree22 ment under which services are to be provided in con23 junction with services under State programs unless

24 such official consults with the Governor in advance

25 of approval.
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1 (c) ANNUAL BUDGET.—The parties to the written

2 agreement described under subsection (a) shall supple3 ment such agreement by developing an annual budget for

4 the one-stop career system. Such budget shall be subject

5 to the approval of the local elected official designated for

6 the one-stop service area.

7 (d) CONTRACTING PROCEDURES.—The administra8 tive entity shall enter into contracts with one-stop service

9 providers for the provision of services under the one-stop

10 career system.

11 SEC. 246. ADDITIONAL STATE RESPONSIBILITIES.

12 (a) IN GENERAL.—Each State implementing a com13 prehensive statewide network of one-stop career systems

14 shall be responsible for developing and operating adminis15 trative and management systems that promote the effec16 tive operation of such network.

17 (b) MONITORING.—Each such State shall monitor

18 the compliance of one-stop service areas within the State

19 with the requirements of this title.

20 (c) TECHNICAL ASSISTANCE.—Each such State shall

21 provide such technical assistance as deemed necessary to

22 assist the one-stop service areas in the State to carry out

23 their responsibilities under this title.

24 (d) CUSTOMER FEEDBACK.—
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1 (1) METHODS.—Each such State shall establish

2 methods for obtaining, on a regular basis, informa3 tion from individuals and employers who have re4 ceived services through the comprehensive statewide

5 network of one-stop career systems regarding the ef6 fectiveness and quality of such services, including in7 formation from various demographic groups and spe8 cial populations. Such methods may include the use

9 of surveys, interviews, focus groups, and other tech10 niques.

11 (2) ANALYSIS AND DISSEMINATION.—Each such

12 State shall analyze the information obtained pursu13 ant to paragraph (1) on a regular basis and provide

14 a summary of such information accompanied by

15 such analysis to—

16 (A) the local elected official or officials for

17 use in improving the quality of services pro18 vided under section 243; and

19 (B) the general public through the local

20 labor market information program established

21 under title III.

22 SEC. 247. STATE HUMAN RESOURCE INVESTMENT COUNCIL.

23 (a) IN GENERAL.—Not later than 3 years after the

24 date of the enactment of this Act, each State shall estab25 lish a State human resource investment council that meets
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1 the requirements of title VII of the Job Training Partner2 ship Act (29 U.S.C. 1792 et seq.) or a similar entity estab3 lished prior to the date of the enactment of this Act that

4 includes representatives of employers, labor organizations,

5 and education and training providers. In addition to carry6 ing out the functions required under paragraphs (1)

7 through (3) of section 701 of such Act, the council or simi8 lar entity shall—

9 (1) identify the human investment needs in the

10 State and recommend to the Governor goals for

11 meeting such needs;

12 (2) recommend to the Governor goals for the

13 development and coordination of the human resource

14 system in the State;

15 (3) prepare and recommend to the Governor a

16 strategic plan to accomplish the goals developed pur17 suant to paragraphs (2) and (3); and

18 (4) monitor the implementation of and evaluate

19 the effectiveness of the strategic plan prepared pur20 suant to paragraph (3).

21 (b) ONE-STOP FUNCTION.—In addition to the func22 tions described in subsection (a), the council or similar en23 tity shall advise the Governor with respect to all aspects

24 of the development and implementation of the comprehen-
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1 sive statewide network of one-stop career systems author2 ized under this title, including—

3 (1) assessing the needs of the State with regard

4 to—

5 (A) current and projected demand for

6 workers by occupation;

7 (B) skill levels of the workforce and the

8 needs of business for a skilled workforce;

9 (C) economic development needs of the

10 State; and

11 (D) the type and availability of Federal

12 and State employment and training programs

13 in the State;

14 (2) providing advice to the Governor on the des15 ignation of one-stop service areas within the State;

16 (4) facilitating the provision through appro17 priate State agencies of grants and technical assist18 ance to local elected officials;

19 (5) developing a mechanism for waiving State

20 rules and provisions of law with respect to Federal

21 and State employment and training programs; and

22 (6) developing a strategy to collect and utilize

23 information on the effectiveness of Federal and

24 State employment and training programs, and that
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1 of individual one-stop service providers, and to share

2 such information with customers of such programs.

3 SEC. 248. POOLING OF ADMINISTRATIVE RESOURCES.

4 (a) SUBMISSION OF PLAN.—

5 (1) IN GENERAL.—At any point in the imple6 mentation of a comprehensive statewide network of

7 one-stop career systems, a State may, on behalf of

8 1 or more one-stop service areas in the State, submit

9 to the Secretary a plan for the pooling of adminis10 trative funds available to such areas under 2 or

11 more of the programs described in paragraphs (1)

12 through (6) of section 242.

13 (2) COMPONENTS OF POOLING.—Under a plan

14 submitted pursuant to paragraph (1), each partici15 pating program described in paragraphs (1) through

16 (6) of section 242 may propose to transfer adminis17 trative funds to the one-stop career system and to

18 allocate the amount transferred to the costs of ad19 ministration under such program at the time of such

20 transfer. Pursuant to such plan, further allocation of

21 the expenditure of such funds to the participating

22 program shall not be required subsequent to the

23 transfer of the funds to the one-stop career center

24 system. Administrative funds that are transferred

25 under such plan shall only be expended for the costs
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1 of administering allowable activities under the one2 stop career system.

3 (b) APPROVAL OF PLAN.—Notwithstanding section

4 1301 of title 31, United States Code, or any other provi5 sion of law, the Secretary may approve a plan for the pool6 ing of administrative funds submitted pursuant to sub7 section (a) if the Secretary determines such plan would

8 not jeopardize the administration of the participating pro9 grams transferring such funds and would facilitate the im10 plementation of the one-stop career system. After approval

11 of such plan, the Secretary shall regularly review the per12 formance of the one-stop service areas operating under

13 such plans and shall rescind such approval if the Secretary

14 determines that the performance of the one-stop service

15 area has been inadequate to justify continuation of the

16 plan or there has been a significant adverse effect on the

17 participating programs.

18 (c) SESA REAL PROPERTY.—

19 (1) IN GENERAL.—Upon the approval of the

20 Governor, real property in which, as of July 1, 1995,

21 equity has resulted from funds provided under title

22 III of the Social Security Act, section 903(c) of the

23 Social Security Act (commonly referred to as the

24 Reed Act), or the Wagner-Peyser Act, may be used

25 for the purposes of a one-stop career system.
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1 (2) LIMITATION.—Unless otherwise provided in

2 a plan approved pursuant to subsection (b), subse3 quent to the commencement of the use of the prop4 erty described in paragraph (1) for the purposes of

5 a one-stop career system, funds provided under the

6 provisions of law described in paragraph (1) may

7 only be used to acquire further equity in such prop8 erty, or to pay operating and maintenance expenses

9 relating to such property, in proportion to the extent

10 of the use of such property attributable to the activi11 ties authorized under such provisions of law.

12 SEC. 249. LABOR STANDARDS.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), the labor standards described in section 143 shall

15 apply to activities under one-stop career systems author16 ized under this title.

17 (b) EXCEPTION.—Subsection (a) shall not apply with

18 respect to activities under participating programs de19 scribed in section 242 to the extent such programs contain

20 labor standards that are equal to or more comprehensive

21 than the labor standards described in section 143, as de22 termined by the Secretary.
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1 Subtitle E—Waiver of Statutory

2 and Regulatory Requirements

3 SEC. 251. STATE, LOCAL CONSORTIUM, AND NATIVE AMER4 ICAN TRIBAL ENTITY REQUESTS AND RE5 SPONSIBILITIES FOR WAIVERS.

6 (a) STATE REQUEST FOR WAIVER.—A State that has

7 applied for a grant under subtitle B may submit to the

8 Secretary concerned a request for a waiver of 1 or more

9 requirements of the provisions of law referred to in section

10 252, or of the regulations issued under such provisions,

11 in order to carry out a comprehensive statewide network

12 of one-stop career systems established by such State. The

13 State may submit the request as a part of the application

14 described in section 223 (or as an amendment to the appli15 cation at any time after submission of the application) to

16 the Secretary of Labor who, in coordination with the inter17 agency task force established under section 264, shall for18 ward such request to the appropriate Secretary concerned.

19 Such request may include a request for different waivers

20 with respect to different areas within the State.

21 (b) LOCAL CONSORTIUM REQUEST FOR WAIVER.—

22 (1) IN GENERAL.—A local consortium estab23 lished for a one-stop service area that seeks a waiver

24 of such a requirement shall submit an application

25 for such waiver to the State, and the State shall de-
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1 termine whether to submit a request for a waiver to

2 the Secretary concerned, as provided in subsection

3 (a).

4 (2) TIME LIMIT.—

5 (A) IN GENERAL.—The State shall make a

6 determination to submit or not submit the re7 quest for a waiver under paragraph (1) not

8 later than 30 days after the date on which the

9 State receives the application from the local

10 consortium.

11 (B) DIRECT SUBMISSION.—

12 (i) IN GENERAL.—If the State does

13 not make a determination to submit or not

14 submit the request within the 30-day time

15 period specified in subparagraph (A), the

16 local consortium may submit the applica17 tion to the Secretary concerned.

18 (ii) REQUIREMENTS.—In submitting

19 such an application, the local consortium

20 shall, to the extent practicable, obtain the

21 agreement of the State involved to comply

22 with the requirements of section

23 252(a)(1)(C) and comply with the other re24 quirements of section 252, as appropriate,

25 and of subsections (d) and (e), that would
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1 otherwise apply to a State submitting a re2 quest for a waiver. In reviewing such an

3 application, the Secretary concerned shall

4 comply with the requirements of such sec5 tion and such subsections that would oth6 erwise apply to the Secretary concerned

7 with respect to review of such a request.

8 (c) NATIVE AMERICAN TRIBAL ENTITY REQUEST

9 FOR WAIVER.—A Native American tribal entity that has

10 applied for a grant under subtitle B may submit to the

11 Secretary concerned a request for a waiver of 1 or more

12 requirements of the provisions of law referred to in section

13 252, or of the regulations issued under such provisions,

14 in order to carry out a one-stop career system established

15 by such entity.

16 (d) WAIVER CRITERIA.—Any such request by the

17 State shall meet the criteria contained in section 252 and

18 shall specify the provisions or regulations referred to in

19 such sections with respect to which the State seeks a waiv20 er.

21 (e) SUPPORT BY APPROPRIATE STATE AGENCIES.—

22 In requesting such a waiver, the State shall provide evi23 dence of support for the waiver request by the State agen24 cies or officials with jurisdiction over the provisions or reg25 ulations that would be waived.
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1 SEC. 252. WAIVER AUTHORITY.

2 (a) GENERAL WAIVER AUTHORITY.—

3 (1) IN GENERAL.—Except as provided in sub4 section (b), the Secretary concerned may waive any

5 requirement under any provision of law referred to

6 in subsection (c), or of any regulation issued under

7 such provision, for a State or Native American tribal

8 entity that requests such a waiver under section

9 251—

10 (A) if, and only to the extent that, the Sec11 retary concerned determines that such require12 ment impedes the ability of the State, local con13 sortium, or Native American tribal entity, as

14 the case may be, to carry out the purposes of

15 this title;

16 (B) if the State or tribal entity provides

17 the Secretary concerned with documentation of

18 the necessity for the waiver, including informa19 tion concerning—

20 (i) the specific requirement that will

21 be waived;

22 (ii) the specific positive outcomes ex23 pected from the waiver and why those out24 comes cannot be achieved while complying

25 with the requirement;
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1 (iii) the process that will be used to

2 monitor the progress of the State, local

3 consortium, or tribal entity, as the case

4 may be, in implementing the waiver; and

5 (iv) such other information as the

6 Secretary concerned may require;

7 (C) if the State waives, or agrees to waive,

8 similar requirements of State law; and

9 (D) if the State—

10 (i) has provided the State human re11 source investment council or similar entity

12 and all local consortia and tribal entities

13 that carry out programs under this title in

14 the State with notice and an opportunity

15 to comment on the proposal of the State to

16 seek a waiver;

17 (ii) provides to advocacy and civil

18 rights groups, and labor and business or19 ganizations an opportunity to comment on

20 the proposal of the State to seek a waiver

21 not later than 30 days after the date on

22 which such State decides to seek such

23 waiver; and
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1 (iii) has submitted the comments of

2 the local consortium to the Secretary con3 cerned.

4 (2) COORDINATION WITH PRIOR AND PENDING

5 REQUESTS.—Prior to approving or disapproving a

6 request submitted by a State or Native American

7 tribal entity pursuant to paragraph (1), the Sec8 retary concerned shall review all prior requests sub9 mitted by such State or tribal entity and all pending

10 requests submitted by such State or tribal entity, as

11 the case may be, to each Secretary concerned to en12 sure that the approval of the request in question will

13 be consistent with such prior and pending requests.

14 (3) APPROVAL OR DISAPPROVAL.—The Sec15 retary concerned shall promptly approve or dis16 approve any request submitted pursuant to para17 graph (1) and shall issue a decision that shall—

18 (A) include the reasons for approving or

19 disapproving the request, including a response

20 to comments on the proposal; and

21 (B) in the case of a decision to approve the

22 request, be published in the Federal Register

23 and be disseminated by the State seeking the

24 waiver to interested parties, including advocacy
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1 and civil rights organizations, labor and busi2 ness organizations, and the public.

3 (4) TERM.—Each waiver approved pursuant to

4 this subsection shall be for a period not to exceed 3

5 years, except that the Secretary concerned may ex6 tend such period if such Secretary determines that

7 the waiver has been effective in enabling the State,

8 local consortium, or Native American tribal entity,

9 as the case may be, to carry out the purposes of this

10 title.

11 (b) EXPEDITED WAIVER AUTHORITY.—

12 (1) IN GENERAL.—The Secretary concerned

13 may, using an expedited process, waive any applica14 ble requirement under any provision of law referred

15 to in subsection (c), or of any regulation issued

16 under such provision, for a State or Native Amer17 ican tribal entity that requests such a waiver under

18 section 251—

19 (A) if the State or tribal entity provides

20 the Secretary concerned with information con21 cerning the process that will be used to monitor

22 the progress of the State, local consortium, or

23 tribal entity, as the case may be, in implement24 ing the waiver; and
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1 (B) if the State waives, or agrees to waive,

2 similar requirements of State law.

3 (2) TERM.—Each waiver approved pursuant to

4 this subsection shall be for a period not to exceed 3

5 years, except that the Secretary concerned may ex6 tend such period if such Secretary determines that

7 the waiver has been effective in enabling the State,

8 local consortium, or Native American tribal entity,

9 as the case may be, to carry out the purposes of this

10 title.

11 (3) APPLICABLE REQUIREMENT DEFINED.—For

12 purposes of this subsection, the term ‘‘applicable re13 quirement’’ means a requirement designated under

14 section 264(b)(3) that has been published in the

15 Federal Register as a final requirement under sec16 tion 264(b)(4).

17 (c) INCLUDED PROGRAMS.—

18 (1) IN GENERAL.—The provisions subject to the

19 waiver authority of this section are the following

20 provisions of law:

21 (A) Title I of this Act.

22 (B) Title II of the Job Training Partner23 ship Act (29 U.S.C. 1601 et seq.).

24 (C) Part B of title IV of such Act (29

25 U.S.C. 1691 et seq.).
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1 (D) Part C of title IV of such Act (29

2 U.S.C. 1721).

3 (E) Part H of title IV of such Act (29

4 U.S.C. 1782 et seq.).

5 (F) The Act of June 6, 1933 (commonly

6 known as the ‘‘Wagner-Peyser Act’’; 29 U.S.C.

7 49 et seq.).

8 (G) The School-to-Work Opportunities Act

9 (20 U.S.C. 6101 et seq.).

10 (H) The Carl D. Perkins Vocational and

11 Applied Technology Education Act (20 U.S.C.

12 2301 et seq.).

13 (I) The Adult Education Act (20 U.S.C.

14 1201 et seq.).

15 (J) Title V of the Older Americans Act of

16 1965 (42 U.S.C. 3056 et seq.).

17 (K) Part F of title IV of the Social Secu18 rity Act (42 U.S.C. 681 et seq.).

19 (2) CIRCULARS AND RELATED REGULATIONS.—

20 In addition to the provisions of law described in

21 paragraph (1), the Secretary of Labor may, notwith22 standing any other provision of law, waive any re23 quirement under the following Office of Management

24 and Budget circulars (or any successor administra25 tive regulations or policies) or regulations for a
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1 State or Native American tribal entity that requests

2 such a waiver under section 251:

3 (A) Circular A–87 (relating to cost prin4 ciples for State and local governments).

5 (B) Circular A–102 (relating to grants and

6 cooperative agreements with State and local

7 government).

8 (C) Circular A–122 (relating to non-profit

9 organizations).

10 (D) Part 97 of title 29, Code of Federal

11 Regulations (relating to uniform administrative

12 regulations for grants and cooperative agree13 ments to States and local governments).

14 (d) WAIVERS NOT AUTHORIZED.—The Secretary

15 concerned may not waive any requirement of any provision

16 referred to in subsection (c), or of any regulation issued

17 under such provision, relating to—

18 (1) the basic purposes or goals of such provi19 sion;

20 (2) maintenance of effort;

21 (3) the formula allocation of funds under a pro22 gram under such provision;

23 (4) the eligibility of an individual for participa24 tion in a program under such provision;
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1 (5) public and individual health or safety, labor

2 standards, occupational safety and health, or envi3 ronmental protection;

4 (6) prohibitions or restrictions relating to the

5 acquisition of real property or the acquisition or con6 struction of buildings or facilities;

7 (7) any constitutional or statutory right of an

8 individual, including any right under—

9 (A) title VI of the Civil Rights Act of 1964

10 (42 U.S.C. 2000d et seq.);

11 (B) title IX of the Education Amendments

12 of 1972 (86 Stat. 373 et seq.);

13 (C) the Age Discrimination Act of 1975

14 (42 U.S.C. 6101 et seq.); or

15 (D) the Americans with Disabilities Act of

16 1990;

17 (8) civil rights and nondiscrimination;

18 (9) affirmative action;

19 (10) environmental protection;

20 (11) labor relations;

21 (12) pensions;

22 (13) Federal taxation; or

23 (14) anti-displacement.

24 (e) TERMINATION OF WAIVERS.—The Secretary con25 cerned shall periodically review the performance of any
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1 State, local consortium, or Native American tribal entity

2 for which the Secretary concerned has granted a waiver

3 under this section and shall terminate the waiver under

4 this section if the Secretary concerned determines that the

5 performance of the State, local consortium, or tribal en6 tity, as the case may be, that is affected by the waiver

7 has been inadequate to justify a continuation of the waiv8 er, or the State fails to waive similar requirements of State

9 law as required or agreed to in accordance with subsection

10 (a)(1)(C) or subsection (b)(1)(B).

11 (f) SECRETARY CONCERNED DEFINED.—For pur12 poses of this section, the term ‘‘Secretary concerned’’

13 means—

14 (1) with respect to requests for waivers of re15 quirements under provisions of law referred to in

16 subparagraphs (A) through (F) of subsection (c)(1),

17 or of any regulation issued under such provisions,

18 the Secretary of Labor;

19 (2) with respect to requests for waivers of re20 quirements under the provision of law referred to in

21 subparagraph (G) of subsection (c)(1), or of any

22 regulation issued under such provision, the Secretary

23 of Labor and the Secretary of Education;

24 (3) with respect to requests for waivers of re25 quirements under provisions of law referred to in
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1 subparagraphs (H) and (I) of subsection (c)(1), or

2 of any regulation issued under such provisions, the

3 Secretary of Education; and

4 (4) with respect to requests for waivers of re5 quirements under provisions of law referred to in

6 subparagraphs (J) and (K) of subsection (c)(1), or

7 of any regulation issued under such provisions, the

8 Secretary of Health and Human Services.

9 Subtitle F—National Programs

10 SEC. 261. OVERSIGHT.

11 The Secretary is authorized to monitor all recipients

12 of financial assistance under this title to determine wheth13 er such recipients are complying with the provisions of this

14 title.

15 SEC. 262. PERFORMANCE STANDARDS AND EVALUATION.

16 (a) PERFORMANCE STANDARDS.—

17 (1) IN GENERAL.—Not later than July 1, 1996,

18 the Secretary, after consultation with Governors,

19 local elected officials, and one-stop service providers

20 described in section 244, shall prescribe performance

21 standards relating to the establishment and oper22 ation of one-stop career systems. Such standards

23 shall be coordinated with performance standards for

24 programs described in section 242 and shall be
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1 based on factors the Secretary determines to be ap2 propriate, which may include—

3 (A) placement, retention and earnings of

4 participants from various demographic groups

5 in unsubsidized employment, including—

6 (i) wages and benefits at a specified

7 period after termination from the program;

8 (ii) full-time and part-time employ9 ment; and

10 (iii) comparability of wages at a speci11 fied period after termination from the pro12 gram with wages prior to participation in

13 the program;

14 (B) the provision of services to hard-to15 serve populations such as individuals who are

16 basic skills deficient, school dropouts, individ17 uals with disabilities, older workers with obso18 lete skills, economically disadvantaged individ19 uals, displaced homemakers, and other individ20 uals who face serious barriers to employment;

21 (C) acquisition of skills pursuant to a skill

22 standards and skill certification system en23 dorsed by the National Skill Standards Board

24 established under the Goals 2000: Educate

25 America Act;
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1 (D) satisfaction of participants with serv2 ices provided and the employment outcomes;

3 (E) satisfaction of employers with job per4 formance of individuals placed; and

5 (F) measures of the cost efficiency of the

6 one-stop career centers.

7 (2) STANDARDS RELATING TO INTEGRATION.—

8 The Secretary, after consultation with Governors,

9 local elected officials, and one-stop service providers

10 described in section 244, shall prescribe performance

11 standards relating to the integration of financial and

12 non-financial resources, program services, and deliv13 ery systems, including the extent to which a large

14 percentage of funds made available to carry out the

15 Federal programs described in section 242 are made

16 available under the one-stop carrier systems. Such

17 standards shall be based on factors the Secretary de18 termines to be appropriate, which may include the

19 use of—

20 (A) common intake methodology;

21 (B) common assessment methodology;

22 (C) cross training of staff for joint service

23 delivery;

24 (D) integrated job development and place25 ment for multiple programs;
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1 (E) integrated employability development

2 teams from multiple programs under different

3 provisions of law with primary client respon4 sibility lodged with primary funding source for

5 the client;

6 (F) joint purchasing and integrated con7 tracting for expert systems and services;

8 (G) co-location of services or multiple

9 points of entry into a unified system;

10 (H) joint development and utilization of

11 data on performance by one-stop service provid12 ers;

13 (I) individual service accounts which inte14 grate funds from various programs to permit

15 the financing and management of comprehen16 sive individualized employability plans; and

17 (J) technology applications which promote

18 and permit information exchange across a vari19 ety of program funding streams.

20 (3) ADJUSTMENTS.—Each Governor may, with21 in parameters established by the Secretary, prescribe

22 adjustments to the performance standards pre23 scribed under paragraph (1) for the one-stop career

24 systems established in the State based on—
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1 (A) specific economic, geographic and de2 mographic factors in the State and in one-stop

3 service areas within the State;

4 (B) the characteristics of the population to

5 be served, including the demonstrated difficul6 ties in serving populations with barriers to em7 ployment; and

8 (C) the types of services to be provided.

9 (4) FAILURE TO MEET STANDARDS.—

10 (A) UNIFORM CRITERIA.—The Secretary

11 shall establish uniform criteria for determining

12 whether a one-stop career system fails to meet

13 performance standards under this section.

14 (B) TECHNICAL ASSISTANCE.—The Gov15 ernor shall provide technical assistance to one16 stop career systems failing to meet performance

17 standards under the uniform criteria estab18 lished under subparagraph (A).

19 (C) REMEDIAL ACTION.—The Secretary

20 shall establish procedures for the provision of

21 remedial action for one-stop career systems that

22 continue to fail to meet such performance

23 standards for two consecutive program years,

24 including the termination of grants, contracts,

25 or other agreements.
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1 (D) REPORT ON PERFORMANCE.—Each

2 Governor shall report to the Secretary, at such

3 intervals and in such manner as the Secretary

4 may determine, the final performance standards

5 and performance for each one-stop career sys6 tem within the State, along with the technical

7 assistance planned and provided as required

8 under subparagraph (B).

9 (b) EVALUATION.—

10 (1) IN GENERAL.—The Secretary shall provide

11 for the continuing evaluation of programs conducted

12 under this title, including the cost-effectiveness of

13 programs in achieving the purposes of this title.

14 (2) NATIONAL EVALUATION.—Not later than

15 September 30, 2000, the Secretary shall complete a

16 national evaluation of grants provided under sub17 titles B and C that will assess the progress of imple18 mentation of State and local programs and their ef19 fectiveness based on performance standards estab20 lished by the Secretary under subsection (a).

21 (3) TECHNIQUES.—

22 (A) METHODS.—Evaluations conducted

23 under paragraphs (1) and (2) shall use recog24 nized statistical methods and techniques of the

25 behavioral and social sciences, including meth-
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1 odologies that control for self-selection, where

2 feasible.

3 (B) ANALYSIS.—Such evaluations may in4 clude cost benefit analyses of programs and

5 analyses of—

6 (i) the impact of the programs on par7 ticipants and the community;

8 (ii) the extent to which programs meet

9 the needs of various demographic groups;

10 and

11 (iii) the effectiveness of delivery sys12 tems used by various groups.

13 SEC. 263. CAPACITY BUILDING AND TECHNICAL ASSIST14 ANCE.

15 (a) IN GENERAL.—From amounts appropriated pur16 suant to the authorization of appropriations in section

17 3(b) for a fiscal year, the Secretary shall reserve an

18 amount equal to 7 percent of such amounts appropriated

19 for such fiscal year to provide, utilizing telecommuni20 cations and computer technology, the extent possible, staff

21 training and technical assistance to States, one-stop career

22 systems, community-based organizations, business and

23 labor organizations, one-stop service providers, industry

24 consortia, and other entities, to enhance the capacity of
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1 such entities to develop and implement effective one-stop

2 career systems.

3 (b) INTEGRATION.—The Secretary shall fully inte4 grate the staff training and technical assistance provided

5 under subsection (a) with the activities of the Capacity

6 Building and Information and Dissemination Network es7 tablished under section 453 of the Job Training Partner8 ship Act (29 U.S.C. 1733).

9 SEC. 264. INTERAGENCY TASK FORCE RELATING TO WAIV10 ER REQUESTS.

11 (a) ESTABLISHMENT.—The Secretary of Labor, the

12 Secretary of Education, and the Secretary of Health and

13 Human Services shall establish an interagency task force

14 (hereafter in this section referred to as the ‘‘task force’’).

15 (b) IDENTIFICATION AND DESIGNATION OF RE16 QUIREMENTS OF PROVISIONS OF LAW AND REGULATIONS

17 SUBJECT TO EXPEDITED WAIVER AUTHORITY.—The task

18 force, in consultation with the National Commission on

19 Employment Policy, shall—

20 (1) identify initial requirements under the pro21 visions of law described in section 242 and (includ22 ing requirements relating to definitions, cost classi23 fications, and program cycles) or of any regulation

24 issued under such provisions, that impede the ability
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1 of States and one-stop service areas to carry out the

2 purposes of this title;

3 (2) publish such requirements in the Federal

4 Register for the purpose of providing interested indi5 viduals and entities an opportunity to review such

6 requirements and provide comments with respect to

7 such requirements to the task force;

8 (3) based upon such comments, designate such

9 requirements as final requirements subject to the ex10 pedited waiver authority under section 252(b), to the

11 extent appropriate; and

12 (4) publish such final requirements in the Fed13 eral Register.

14 (c) REPORT TO CONGRESS.—Not later than 1 year

15 after the date of the enactment of this Act, the task force

16 shall submit to the Congress a report containing rec17 ommendations for proposed legislation to simplify, coordi18 nate, or eliminate 1 or more of the final requirements des19 ignated under subsection (b)(4) that impede the ability of

20 States and one-stop service areas to carry out the pur21 poses of this title.
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1 TITLE III—NATIONAL LABOR

2 MARKET INFORMATION PRO3 GRAM FOR STATES AND LO4 CALITIES

5 SEC. 301. PURPOSES.

6 The purposes of this title are—

7 (1) to establish a national, State, regional and

8 local labor market information program that will

9 promote the consolidation and coordination of exist10 ing labor market information programs and develop

11 new databases in furtherance of this title and sec12 tion 113, as the Secretary determines is practicable

13 and useful to all users of the information;

14 (2) to provide for the development, mainte15 nance, and continuous improvement of a nationwide

16 system for the collection, analysis, and dissemination

17 of locally based labor market information;

18 (3) to create a cooperative Federal/State/local

19 governance structure for the planning, administra20 tion, and evaluation of the labor market information

21 system; and

22 (4) to provide funding for the labor market in23 formation system to the extent required for—
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1 (A) the planning, development, implemen2 tation, and evaluation of workforce development

3 policies and programs; and

4 (B) the achievement of the National Strat5 egy in section 302.

6 SEC. 302. NATIONAL STRATEGY.

7 (a) IN GENERAL.—The Secretary shall develop, in co8 ordination with Governors and appropriate Federal, State,

9 regional, and local officials and entities, a strategy to es10 tablish a program, administered by the Office of Labor

11 Market Information within the Department of Labor es12 tablished under subsection (c), in order to develop a na13 tionwide system of State, regional and local labor market

14 information that accomplishes the purpose described in

15 section 301 and carries out the activities described in this

16 section and section 303. In addition, such strategy shall

17 be designed to fulfill the labor market information require18 ments of the Job Training Partnership Act, title I of this

19 Act, the Carl D. Perkins Vocational and Applied Tech20 nology Education Act, and other appropriate Federal pro21 grams.

22 (b) IMPLEMENTATION.—In implementing the strate23 gies described in subsection (a), the Secretary is author24 ized to enter into contracts and intergovernmental cooper25 ative agreements, award grants and foster the creation of
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1 public-private partnerships, using funds authorized under

2 this title and funds otherwise available for such purposes.

3 In addition, the Secretary may conduct research and dem4 onstration projects to assist in such implementation.

5 (c) OFFICE OF LABOR MARKET INFORMATION.—

6 (1) ESTABLISHMENT.—There is hereby estab7 lished within the Department of Labor an Office of

8 Labor Market Information to have overall policy, co9 ordination, and funding responsibilities for the labor

10 market information system described in subsection

11 (a).

12 (2) DUTIES.—The Office shall, with respect to

13 data collection, analysis, and dissemination of labor

14 market information—

15 (A) continuously review the current and

16 proposed activities of departmental entities in

17 order to—

18 (i) eliminate gaps and duplication in

19 statistical undertakings, with the

20 systemization of wage surveys as an early

21 priority;

22 (ii) recommend any needed improve23 ments in administrative reporting systems

24 to support the development of labor mar25 ket information from their data; and
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1 (iii) ensure that all departmental enti2 ties use the common structures for data

3 collection and analysis and for employment

4 resources;

5 (B) manage the investment in labor mar6 ket information by—

7 (i) developing a comprehensive annual

8 budget, including funds at the Federal

9 level, funds allotted to States by formula,

10 and funds supplied to the States by con11 tracts with departmental entities;

12 (ii) administering grants allotted to

13 States in a cooperative agreement with

14 each State in a manner similar to such

15 agreements between the Department of

16 Labor and the State agency responsible for

17 the Federal-State cooperative statistical

18 program; and

19 (iii) overseeing the negotiation and

20 execution of contracts between depart21 mental entities and the States, while en22 suring State maximum flexibility within

23 the standards of consistency.

24 (3) ADDITIONAL DUTIES.—In carrying out its

25 duties, the Office shall—
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1 (A) establish and maintain, with the co2 operation of the States, the components speci3 fied in section 303;

4 (B) coordinate statistical and administra5 tive data collection activities to enable a com6 prehensive labor market information system;

7 and

8 (C) ensure that—

9 (i) administrative records are stand10 ardized to facilitate the aggregation of

11 data from local to State and national levels

12 and to support the possible creation of new

13 statistical series from program records;

14 (ii) paperwork and reporting require15 ments on employers and individuals are re16 duced;

17 (iii) automated technology is used by

18 Federal and State agencies; and

19 (iv) the appropriate dissemination of

20 results from research studies and dem21 onstration projects, feedback from surveys

22 of customer satisfaction, education and

23 training provider performance data, and

24 other relevant information that promotes
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1 improvement in the quality of labor market

2 information.

3 SEC. 303. COMPONENTS OF PROGRAM.

4 (a) IN GENERAL.—The Secretary, in coordination

5 with Governors and appropriate Federal, State, regional

6 and local officials and entities, and public-private partner7 ships, shall design and implement a strategy for creating

8 and sustaining a program for a system of national, State,

9 regional and local labor market information.

10 (b) PROGRAM CONTENT.—The labor market informa11 tion program shall include a common core set of current,

12 comprehensive, localized, and automated data on—

13 (1) labor market demand including—

14 (A) profiles of occupations that describe

15 job duties, education and training requirements,

16 skills, wages, benefits, working conditions, and

17 the industrial distribution of occupations;

18 (B) current and projected employment op19 portunities and trends, by industry and occupa20 tion including growth projections by industry,

21 and growth and replacement need projections

22 by occupation;

23 (C) job openings, job locations, hiring re24 quirements and application procedures;
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1 (D) profiles of industries and employers in

2 the local labor market describing the nature of

3 the work performed, employment skill and expe4 rience requirements, specific occupations,

5 wages, hours and benefits, and hiring patterns;

6 and

7 (E) industries, occupations and geographic

8 locations facing significant change or disloca9 tion;

10 (2) labor market supply including—

11 (A) educational attainment, training, skills,

12 skill levels, and occupations of the population;

13 (B) demographic, socioeconomic character14 istics, and current employment status of the

15 population, including self-employed, part-time,

16 and seasonal workers;

17 (C) job seekers, including their education

18 and training, skills, skill levels, employment ex19 perience, and employment goals;

20 (D) the number of workers displaced by

21 permanent layoffs and plant closings by indus22 try, occupation, and geographic location; and

23 (E) current and projected training

24 completers who have acquired specific occupa25 tional and or work skills and competencies; and
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1 (3) consumer information which shall be in a

2 form useful for immediate employment search, entry

3 into training and education programs and career ex4 ploration including—

5 (A) the availability of education courses,

6 training programs and job placement programs

7 and support services;

8 (B) the quality of education/training pro9 grams and service providers based on student

10 and employer satisfaction, and statistically

11 based performance evaluations of job placement

12 rates and retention, wages at placement and

13 one year after completion, and other elements

14 of program quality;

15 (C) the quality of one-stop career systems

16 and other providers of reemployment services

17 based on customer satisfaction measures; and

18 (D) Automated systems to permit easy de19 termination of eligibility for funding and other

20 assistance in job training, job search, income

21 support, supportive services and other reem22 ployment services.

23 (c) TECHNICAL STANDARDS.—The Secretary, in co24 operation with Governors and labor market information

25 users, shall promulgate standards necessary to promote ef-
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1 ficient exchange of information between the local, regional,

2 State and national levels, including such standards as may

3 be required to ensure that data are comparable. Such

4 standards shall be designed to ensure that there is appro5 priate access to local, State, regional, and national data,

6 subject to confidentiality constraints. In issuing such tech7 nical standards, the Secretary shall meet the requirements

8 of chapter 35 of Title 44, United States Code, and ensure

9 coordination and consistency with other appropriate Fed10 eral standards established by the Bureau of Labor Statis11 tics. The Bureau of Labor Statistics shall be responsible

12 for providing technical assistance and training to States

13 to assure the statistical reliability and uniform standards

14 of the labor market information program.

15 (d) CONSUMER REPORTS.—The Secretary, in con16 sultation with the Secretary of Education and other appro17 priate Federal agencies, Governors, and State and local

18 governments, shall set standards for the required reports

19 and create a mechanism for collection and dissemination

20 of the consumer reports described in subsection (a)(6).

21 (e) EVALUATION.—The Secretary shall designate an

22 advisory group of labor market information specialists rep23 resenting national, State, regional and local users and pro24 ducers of labor market information to be responsible to

25 provide for the evaluation of the procedures, products and
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1 services under this title, including their cost-effectiveness

2 and the level of customer satisfaction. Such evaluations

3 may include—

4 (1) analyses of the precision of estimates pro5 duced or collected under this title;

6 (2) examination of the uses of the data by job

7 seekers, employers, educators, career counselors,

8 public and private training providers, economic de9 velopment planners, and public agencies and institu10 tions;

11 (3) the appropriateness of such uses; and

12 (4) the relative costs and benefits of the data.

13 (f) INFORMATION DISSEMINATION.—Data contained

14 in the labor market information program shall be made

15 available in automated information delivery systems and

16 dissemination mechanisms for data and analysis shall be

17 developed, maintained, and continuously improved.

18 SEC. 304. COORDINATION.

19 To ensure the appropriate coordination, implementa20 tion and integration of labor market information programs

21 nationwide, the Secretary shall—

22 (1) coordinate the activities of Federal agencies

23 responsible for the collection and dissemination of

24 labor market information at the national, State, re25 gional and local level;
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1 (2) determine, on an annual basis, the re2 sources, needed to establish and maintain a national,

3 State, regional and local labor market information

4 program, and, as feasible, enter into a cooperative

5 agreement with each State in a manner similar to

6 such agreements between the Bureau of Labor Sta7 tistics, and the State agency responsible for the Fed8 eral-State cooperative statistical program; and

9 (3) ensure the appropriate dissemination of re10 sults from research studies and demonstration

11 projects, feedback from surveys of customer satisfac12 tion, education and training provider performance

13 data, and other relevant information that promotes

14 improvement in the quality of labor market informa15 tion.

16 TITLE IV—TECHNICAL

17 PROVISIONS

18 SEC. 401. EFFECTIVE DATE.

19 This Act, and the amendments made by this Act,

20 shall take effect on July 1, 1995, or the date of the enact21 ment of this Act, whichever occurs later.

22 SEC. 402. SUNSET.

23 The authority provided by titles II and III shall ter24 minate on October 1, 2003.

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