I

103D CONGRESS

2D SESSION H. R. 4050

To establish a comprehensive system of reemployment services, training and

income support for permanently laid off workers, to facilitate the establishment of one-stop career centers to serve as a common point of

access to employment, education and training information and services,

to develop an effective national labor market information system, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. FORD of Michigan (for himself, Mr. WILLIAMS, Mr. GEPHARDT, Mr. ROSTENKOWSKI, Mr. CLAY, Mr. MARTINEZ, Ms. DELAURO, Mr. MATSUI, Mr.

FORD of Tennessee, Mr. GEJDENSON, Mr. MCDERMOTT, Mr. MILLER of

California, Mr. JOHNSTON of Florida, Mrs. KENNELLY, Mr. HOYER, Mr.

KOPETSKI, Mr. LEWIS of Georgia, Mr. LEVIN, Mrs. LOWEY, Mr. PENNY,

Mr. BACCHUS of Florida, Mr. SABO, Mr. SAWYER, Mrs. SCHROEDER, Mr.

SCOTT, Mr. WHEAT, Ms. WOOLSEY, Mr. GENE GREEN of Texas, Mr.

CARR of Michigan, Mr. KLINK, Mr. MURPHY, Mr. SERRANO, and Mr.

RICHARDSON) introduced the following bill; which was referred to the

Committee on Education and Labor

A BILL

To establish a comprehensive system of reemployment services, training and income support for permanently laid

off workers, to facilitate the establishment of one-stop

career centers to serve as a common point of access

to employment, education and training information and

services, to develop an effective national labor market

information system, and for other purposes.
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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.

4 This Act may be cited as the ‘‘Reemployment Act of

5 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings and purpose.

Sec. 4. Authorization of appropriations.

Sec. 5. Definitions.

TITLE I—COMPREHENSIVE PROGRAM FOR WORKER

REEMPLOYMENT

Sec. 101. Allotment of funds.

Sec. 102. Recapture and use of unexpended funds.

Sec. 103. Eligibility for services.

PART 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 system.

Sec. 114. State coordination with worker profiling and retraining income support programs.

Sec. 115. State supplementary grants for areas of special need.

Sec. 116. State grants for job retention projects.

Sec. 117. Designation of substate administrative structure.

Sec. 118. Establishment of career centers.

Sec. 119. Services to be provided to eligible individuals.

Sec. 120. Certificates of continuing eligibility.

PART B—FEDERAL DELIVERY OF SERVICES

Sec. 131. National discretionary grant program.

Sec. 132. Disaster relief employment assistance.

Sec. 133. Evaluation, research, and demonstrations.

Sec. 134. Capacity building and technical assistance.

Sec. 135. Federal by-pass authority.

PART C—PERFORMANCE STANDARDS AND QUALITY ASSURANCE SYSTEMS

Sec. 151. Customer service compact.

Sec. 152. Performance standards.

Sec. 153. Customer feedback.

Sec. 154. Eligibility requirements for service providers.
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PART D—GENERAL REQUIREMENTS

Sec. 161. General requirements.

Sec. 162. Benefits.

Sec. 163. Labor standards.

Sec. 164. Grievance procedure.

PART E—FISCAL ADMINISTRATIVE PROVISIONS

Sec. 171. Program year.

Sec. 172. Prompt allocation of funds.

Sec. 173. Monitoring.

Sec. 174. Fiscal controls; sanctions.

Sec. 175. Reports, recordkeeping and investigations.

Sec. 176. Administrative adjudication.

Sec. 177. Nondiscrimination.

Sec. 178. Judicial review.

Sec. 179. Administrative provisions.

Sec. 180. Obligational authority.

Sec. 181. Criminal provisions.

Sec. 182. References.

PART F—MISCELLANEOUS PROVISIONS

Sec. 191. Effective date.

Sec. 192. Repealers.

Sec. 193. Transition.

TITLE II—ONE-STOP CAREER CENTER SYSTEM

Sec. 201. Purpose.

PART A—COMPONENTS OF VOLUNTARY ONE-STOP CAREER CENTER SYSTEM

Sec. 211. General requirements.

Sec. 212. Workforce investment boards.

Sec. 213. Establishment of one-stop career centers.

Sec. 214. Services to be provided through one-stop career centers.

Sec. 215. Participating programs.

Sec. 216. Operating agreements.

Sec. 217. Quality assurance systems.

Sec. 218. State human resource investment council.

PART B—GRANTS AND WAIVERS TO PROMOTE THE DEVELOPMENT AND

IMPLEMENTATION OF ONE-STOP CAREER CENTER SYSTEM

Sec. 231. State planning and development grants.

Sec. 232. State implementation grants.

Sec. 233. Waiver of Federal statutory and regulatory requirements.

Sec. 234. Pooling of administrative resources.

PART C—ADDITIONAL ACTIVITIES IN SUPPORT OF ONE-STOP CAREER

CENTER SYSTEMS

Sec. 251. Customer service compact.

Sec. 252. Additional State responsibilities.

Sec. 253. Additional Federal responsibilities.
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PART D—EFFECTIVE DATE

Sec. 271. Effective date.

TITLE III—NATIONAL LABOR MARKET INFORMATION SYSTEM

Sec. 301. Purpose.

Sec. 302. National strategy.

Sec. 303. Components of system.

Sec. 304. Coordination.

Sec. 305. Effective date.

TITLE IV—REINVENTION LABS FOR JOB TRAINING FOR THE

ECONOMICALLY DISADVANTAGED

Sec. 401. Establishment of labs.

Sec. 402. Modification of tuition definition.

Sec. 403. Effective date.

1 SEC. 3. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—Congress finds that—

3 (1) in recent years, both the nature of job un4 certainty and job loss has changed due to such

5 forces as evolving technologies, corporate restructur6 ing, and intensifying global competition;

7 (2) a substantial number of Americans lose jobs

8 because of structural changes in the economy rather

9 than cyclical downturns, with more than 2 million

10 full-time workers permanently displaced annually

11 due to plant closures, production cutbacks, and lay12 offs;

13 (3) job uncertainty and dislocation carry sub14 stantial emotional and financial costs to the Nation,

15 with tax revenues and economic output declining

16 when workers are idle and demands on Government

17 support rise;
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1 (4) all Americans—whether seeking first jobs,

2 new jobs, or better jobs—confront an economy in

3 continuous transition and must have access to new

4 skills and better job and career information in order

5 to harness this change for increased economic secu6 rity and a rising standard of living;

7 (5) our current worker adjustment policies were

8 designed for an earlier economy and often do not

9 equip Americans to prosper in the current and

10 emerging atmosphere of constant change;

11 (6) the primary governmental response to job

12 loss—the unemployment insurance system—is effec13 tive in providing income support to persons on tem14 porary lay-offs, but was not designed to build reem15 ployment security, and is ill-equipped by itself to en16 sure that those people who are permanently laid off

17 will receive needed reemployment services;

18 (7) the current Government response to disloca19 tion is a patchwork of categorical programs, with

20 varying eligibility requirements and different sets of

21 services and benefits;

22 (8) job search assistance and retraining are not

23 available to all who need them and income support

24 is typically not available to facilitate long-term train25 ing;
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1 (9) a lack of comprehensive labor market infor2 mation—

3 (A) means that job seekers, training pro4 viders, and employers must make hiring and

5 training decisions based on fragmented and in6 complete data;

7 (B) adds time and costs to employers’ re8 cruitment efforts; and

9 (C) hinders the ability of rapidly-growing

10 firms to recruit and screen new employees; and

11 (10) administrative and regulatory obstacles hamper

12 the efforts of States and localities to establish comprehen13 sive reemployment systems for all their citizens seeking

14 first jobs, new jobs, and better jobs.

15 (b) PURPOSE.—It is the purpose of this Act to—

16 (1) better integrate the existing unemployment

17 system into a comprehensive, universal, high-quality

18 system for reemployment, so that it can serve effec19 tively the structurally unemployed as well as those

20 on temporary layoffs;

21 (2) promote equity and efficiency by consolidat22 ing the array of specific programs for dislocated

23 workers into a single comprehensive program for all

24 workers who have been permanently laid off, regard25 less of the cause of dislocation;
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1 (3) facilitate effective, quality training for per2 manently laid-off workers who want and need it;

3 (4) provide customer-centered, high-quality em4 ployment and training services that give dislocated

5 workers the tools to make informed career and train6 ing choices;

7 (5) provide universal access to basic reemploy8 ment services, including assessment of skill levels

9 and service needs, labor market information, and job

10 search assistance;

11 (6) begin to transform the fragmented employ12 ment and training system through a network of

13 streamlined, one-stop career centers providing uni14 versal access to all Americans who want and need

15 new jobs, better jobs, and first jobs;

16 (7) replicate and expand the innovative efforts

17 of States and localities to provide comprehensive,

18 high-quality reemployment and training systems;

19 and

20 (8) create a National Labor Market Informa21 tion System that gives employers, training providers,

22 students, job seekers, and employees high-quality

23 and timely data on the local economy, labor market,

24 and other occupational information.
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

2 (a) TITLE I.—There are authorized to be appro3 priated to carry out title I—

4 (1) $1,465,000,000 for fiscal year 1995; and

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

6 succeeding fiscal year.

7 (b) TITLES II AND III.—There are authorized to be

8 appropriated to carry out titles II and III—

9 (1) $250,000,000 for each of fiscal years 1995

10 through 1999; and

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

12 fiscal years 2000 through 2003.

13 SEC. 5. DEFINITIONS.

14 For the purposes of this Act, the following definitions

15 apply:

16 (1) The term ‘‘career center’’ means such cen17 ter established pursuant to section 118.

18 (2) The term ‘‘community-based organizations’’

19 means private nonprofit organizations which are rep20 resentative of communities or significant segments

21 of communities and which provide education, train22 ing and related services.

23 (3) The term ‘‘economic development agencies’’

24 includes State and local planning and zoning com25 missions or boards, community development agen26 cies, and other State and local agencies and institu-
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1 tions responsible for regulating, promoting, or assist2 ing in State and local economic development.

3 (4) The term ‘‘Governor’’ means the chief exec4 utive of any State.

5 (5) The term ‘‘labor market area’’ means an

6 economically integrated geographic area within

7 which individuals can reside and find employment

8 within a reasonable commuting distance or can

9 change employment without changing their place of

10 residence. Such areas shall be identified by the Sec11 retary in accordance with criteria used by the Bu12 reau of Labor Statistics of the Department of Labor

13 or the Bureau of the Census of the Department of

14 Commerce in defining such areas.

15 (6) The term ‘‘local elected official’’ means the

16 chief elected executive officer of a unit of general

17 local government in a substate area.

18 (7) The term ‘‘nontraditional employment’’ as

19 applied to women refers to occupations or fields of

20 work where women comprise less than 25 percent of

21 the individuals employed in such occupation or field

22 of work.

23 (8) The term ‘‘one-stop career center’’ means

24 such center established pursuant to section 313.
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1 (9) The term ‘‘private industry council’’ means

2 the private industry council established under sec3 tion 102 of the Job Training Partnership Act.

4 (10) The term ‘‘representatives of employees’’

5 means representatives from labor organizations (in6 cluding local, State, or national bodies, as appro7 priate) where such organization represents a sub8 stantial number of employees.

9 (11) The term ‘‘Secretary’’ means the Secretary

10 of Labor.

11 (12) The term ‘‘service delivery area’’ means

12 such an area as established in section 101 of the

13 Job Training Partnership Act.

14 (13) The term ‘‘service provider’’ means a pub15 lic agency, private nonprofit organization, or private16 for-profit entity that delivers basic reemployment,

17 intensive reemployment, educational, training, or

18 supportive services.

19 (14) The term ‘‘State’’ means any of the sev20 eral States, the District of Columbia, and the Com21 monwealth of Puerto Rico.

22 (15) The term ‘‘State council’’ means the State

23 job training coordinating council established under

24 section 122 of the Job Training Partnership Act.
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1 (16) The term ‘‘State Human Resource Invest2 ment Council’’ means the council established under

3 section 701 of the Job Training Partnership Act.

4 (17) The term ‘‘substate area’’ means that geo5 graphic area in a State established pursuant to sec6 tion 117.

7 (18) The term ‘‘substate grantee’’ means that

8 agency, organization, or consortium thereof selected

9 to administer programs pursuant to section 117(b).

10 (19) The term ‘‘unit of general local govern11 ment’’ means any general purpose political subdivi12 sion of a State which has the power to levy taxes

13 and spend funds, as well as general corporate and

14 police powers.

15 TITLE I—COMPREHENSIVE PROGRAM FOR

16 WORKER REEMPLOYMENT

17 SEC. 101. ALLOTMENT OF FUNDS.

18 (a) IN GENERAL.—Of the funds appropriated pursu19 ant to section 4(a) for any fiscal year, the Secretary

20 shall—

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

23 (2) reserve 25 percent to carry out part B, sub24 ject to the reservation required by subsection (e).
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1 (b) ALLOTMENT AMONG STATES.—(1) Subject to the

2 provisions of paragraphs (2) and (3), the Secretary shall

3 allot the amount available in each fiscal year under sub4 section (a)(1) on the basis of the following factors:

5 (A) One-third of such amount shall be allotted

6 among the States on the basis of the relative num7 ber of unemployed individuals who reside in each

8 State as compared to the total number of unem9 ployed individuals in all the States.

10 (B) One-third of such amount shall be allotted

11 among the States on the basis of the relative excess

12 number of unemployed individuals who reside in

13 each State as compared to the total excess number

14 of unemployed individuals in all the States. For pur15 poses of this paragraph, the term ‘‘excess number’’

16 means the number which represents unemployed in17 dividuals in excess of 4.5 percent of the civilian labor

18 force in the State.

19 (C) One-third of such amount shall be allotted

20 among the States on the basis of the relative num21 ber of individuals who have been unemployed for

22 more than 26 weeks and who reside in each State

23 as compared to the total number of such individuals

24 in all the States.
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1 (2) As soon as satisfactory data are available under

2 section 133(b)(2), the Secretary shall allot the amount

3 available in each fiscal year under subsection (a)(1) as fol4 lows:

5 (A) 25 percent of such amount shall be allotted

6 on the basis of each of the factors described in sub7 paragraphs (A), (B), and (C) of paragraph (1), re8 spectively, for a total of 75 percent of the amount

9 allotted.

10 (B) 25 percent of such amount shall be allotted

11 on the basis of the relative number of dislocated

12 workers who reside in each State as compared to the

13 total number of dislocated workers in all States.

14 (3)(A) No State shall be allotted less than 90 percent

15 of its allotment percentage for the fiscal year preceding

16 the fiscal year for which the determination is made.

17 (B) No State shall be allotted more than 130 percent

18 of its allotment percentage for the fiscal year preceding

19 the fiscal year for which the determination is made.

20 (C)(i) Except as provided in clause (ii), for purposes

21 of this paragraph the allotment percentage of a State for

22 a fiscal year shall be the percentage of funds allotted to

23 the State under this subsection.

24 (ii) For the purposes of this paragraph, the allotment

25 percentage for fiscal year 1994 shall be the percentage of
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1 funds allotted to the State under section 302 of the Job

2 Training Partnership Act.

3 (c) RESERVATIONS FOR STATE ACTIVITIES.—

4 (1) The Governor may reserve up to 30 percent

5 of the amount allotted to the State under subsection

6 (b) to carry out State activities in accordance with

7 this title.

8 (2) Of the amount reserved by the Governor

9 pursuant to paragraph (1)—

10 (A) not more than 15 percent shall be

11 available for the costs of administration of pro12 grams authorized under this title;

13 (B) not more than 20 percent shall be

14 available for the costs of administration of pro15 grams authorized under this title and the costs

16 of technical assistance; and

17 (C) not more than 5 percent shall be avail18 able to carry out the job retention projects au19 thorized under section 116.

20 (d) WITHIN STATE DISTRIBUTION.—

21 (1) The Governor shall allocate the remainder

22 of the amount allotted to the State under subsection

23 (b) to substate areas to carry out activities author24 ized under this title based on an allocation formula

25 prescribed by the Governor. Such formula may be
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1 amended by the Governor not more than once for

2 each program year. Such formula shall include the

3 factors described in subsection (b) and such addi4 tional objective and measurable factors as the Gov5 ernor determines are appropriate.

6 (2) Of the amount allocated to each substate

7 area pursuant to paragraph (1) for each program

8 year, not more than 15 percent shall be available for

9 the costs of administration.

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

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

12 for any fiscal year, not more than 0.3 percent shall be

13 allocated among Guam, the Virgin Islands, American

14 Samoa, the Commonwealth of the Northern Mariana Is15 lands, the Federated States of Micronesia, the Republic

16 of the Marshall Islands, and Palau to carry out activities

17 authorized under this title.

18 (f) RESERVATIONS FOR NATIONAL ACTIVITIES.—Of

19 the remainder reserved by the Secretary under subsection

20 (a)(2):

21 (1) For each of fiscal years 1995 through

22 1999—

23 (A) not less than 80 percent shall be avail24 able for national discretionary grants under sec25 tions 131 and 132; and
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1 (B) not more than 20 percent shall be

2 available for—

3 (i) evaluation of program perform4 ance, research, and pilot and demonstra5 tion projects described in section 133; and

6 (ii) capacity building, staff develop7 ment and training, and technical assist8 ance described under section 134.

9 (2) For fiscal year 2000 and each succeeding

10 fiscal year—

11 (A) not less than 85 percent shall be avail12 able for national discretionary grants under sec13 tions 131 and 132; and

14 (B) not more than 15 percent shall be

15 available for—

16 (i) evaluation of program perform17 ance, research, and pilot and demonstra18 tion projects described in section 133; and

19 (ii) capacity building, staff develop20 ment and training, and technical assist21 ance described under section 134.

22 SEC. 102. RECAPTURE AND USE OF UNEXPENDED FUNDS.

23 (a) IN GENERAL.—For program years beginning

24 July 1, 1996, and thereafter, the Secretary shall, in ac25 cordance with this section—
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1 (1) recapture funds appropriated for such pro2 gram years that are available for recapture, and

3 (2) use the funds recaptured under paragraph

4 (1) to carry out the national discretionary grant pro5 gram under section 131.

6 (b) AMOUNTS AVAILABLE FOR RECAPTURE.—The

7 amount available for recapture is equal to—

8 (1) the amount by which the unexpended bal9 ance of the State allotment (under section 101(b))

10 at the end of the program year prior to the program

11 year for which the determination under this section

12 is made exceeds 20 percent of such allotment for

13 that prior program year, plus

14 (2) the unexpended balance of the State allot15 ment from any program year prior to the program

16 year in which there is such excess.

17 (c) EXCLUSION.—For purposes of this section, funds

18 awarded to the State from the discretionary funds of the

19 Secretary pursuant to sections 131 and 132 shall not be

20 included in calculating the amounts available for recap21 ture.

22 (d) METHOD OF RECAPTURE.—The Secretary may,

23 as a method of recapturing funds for the purposes of sub24 section (a)(1), reduce the allotment to the State under sec25 tion 101(b) for the program year subsequent to the pro-
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1 gram year for which the determination is made by an

2 amount equal to the amount available for recapture.

3 SEC. 103. ELIGIBILITY FOR SERVICES.

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

5 receive services under this title if such individual—

6 (1) has been permanently laid off from full7 time, part-time, or seasonal (including farmworkers

8 and fishermen) employment within the preceding 12-

9 month period, and—

10 (A) such individual is unlikely to obtain

11 employment in the same or similar occupation

12 due to obsolete skills or a lack of employment

13 opportunities; or

14 (B) such layoff resulted from any perma15 nent closure or any substantial layoff at a

16 plant, facility or enterprise;

17 (2) has received a notice that such individual

18 will be permanently laid off, and—

19 (A) such individual is unlikely to obtain

20 employment in the same or similar occupation

21 due to obsolete skills or a lack of employment

22 opportunities; or

23 (B) such layoff will result from any perma24 nent closure or substantial layoff at a plant, fa25 cility, or enterprise;
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1 (3) is employed at a facility where the employer

2 has publicly announcd that such facility will be

3 closed within one year and such individual is un4 likely to—

5 (A) remain employed with such employer

6 at another location; or

7 (B) retire permanently from the labor

8 force on or before such closure;

9 (4) is long-term unemployed and has limited op10 portunities for employment in the same or similar

11 occupation in which such individual was previously

12 employed;

13 (5) was self-employed (including farmers, fish14 ermen and ranchers) and is unemployed as a result

15 of general economic conditions in the community in

16 which such individual resides or because of natural

17 disasters;

18 (6) is certified as eligible under the transitional

19 certification of trade impacted workers program au20 thorized under title II of the Retraining Income

21 Support Act of 1994; or

22 (7) was identified and referred to the program

23 under this title, in accordance with regulations is24 sued by the Secretary, by a State worker profiling
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1 system established under section 303(j) of the Social

2 Security Act.

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

4 a displaced homemaker shall be eligible to receive services

5 described in section 119(b) and such other services au6 thorized under this title as the Governor determines are

7 appropriate to provide to such individuals if—

8 (1) the displacement occurred within the pre9 ceding 12-month period,

10 (2) such individual is unemployed, and

11 (3) such individual meets the requirements re12 lating to services provided under the title, other than

13 the requirements of subsection (a).

14 (c) DEFINITIONS.—For purposes of this section:

15 (1) The term ‘‘permanently laid off’’ means a

16 layoff under which a recall is not expected within 26

17 weeks.

18 (2) The term ‘‘long-term unemployed’’ means a

19 period of unemployment defined by the Governor,

20 except that such period shall not be less than 27

21 weeks.

22 (3) The term ‘‘displaced homemakers’’ has the

23 same meaning given such term in section 4(29) of

24 the Job Training Partnership Act.
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1 PART A—STATE AND SUBSTATE DELIVERY

2 SYSTEM

3 SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.

4 The State shall be responsible for developing and op5 erating administrative and management systems which en6 sure proper control and accountability for the use of

7 funds, in accordance with the requirements of part E of

8 this title, and the accomplishment of the objectives of this

9 title.

10 SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DIS11 LOCATED WORKER UNIT.

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

13 establish a dislocated worker unit at the State level (here14 after referred to as the ‘‘State dislocated worker unit’’)

15 to carry out the functions described in this section.

16 (b) FUNCTIONS OF UNIT.—

17 (1) RAPID RESPONSE.—The State dislocated

18 worker unit shall carry out the following rapid re19 sponse activities:

20 (A) Receive notices provided pursuant to

21 the Worker Adjustment and Retraining Notifi22 cation Act and collect information identifying

23 the site of other permanent closures and layoffs

24 affecting 50 or more workers.

25 (B) Establish contact with representatives

26 of the employer, affected workers and affected
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1 unions, and affected substate grantees within

2 48 hours of being informed of or otherwise

3 identifying such closure or layoff.

4 (C) Provide assistance on site within five

5 working days of being informed of or otherwise

6 identifying such closure or layoff (unless rep7 resentatives of the affected workers agree to

8 defer the commencement of assistance), includ9 ing—

10 (i) the provision of information relat11 ing to, and assistance in obtaining access

12 to, available programs and services;

13 (ii) the provision of appropriate reem14 ployment services on an emergency basis;

15 and

16 (iii) the provision of basic reemploy17 ment services in a group setting.

18 (D) Promote the formation of worker-man19 agement transition assistance committees,

20 which meet the requirements of subsection (d),

21 by—

22 (i) providing immediate assistance in

23 the establishment of such committees, in24 cluding—
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1 (I) providing immediate financial

2 assistance to cover startup costs of

3 the committee;

4 (II) providing a list of individuals

5 from which the chairperson of the

6 committee may be selected; and

7 (III) requesting the list of com8 mittee members from the employer

9 and union, or providing assistance in

10 the selection of worker representatives

11 in the event no union is present; and

12 (ii) providing technical assistance in

13 the development by such committees of a

14 strategy for assessing the employment and

15 training needs of each affected worker and

16 for obtaining the services and assistance

17 necessary to meet those needs, which may

18 include—

19 (I) providing technical advice as

20 well as information on sources of as21 sistance, and

22 (II) serving as liaison with other

23 public and private services and pro24 grams.
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1 (E) Prepare an action plan for the provi2 sion of reemployment and training services to

3 eligible individuals, including group counseling,

4 preliminary assessments, and labor market in5 formation, which may include assistance in

6 planning for the establishment of an on-site

7 transition center described in section 115(c).

8 (2) INFORMATION COLLECTION AND DISSEMI9 NATION.—The State dislocated worker unit shall

10 carry out the following information collection and

11 dissemination activities:

12 (A) Provide to employers and employees

13 throughout the State information relating to

14 the Worker Adjustment and Retraining Notifi15 cation Act, including the requirements of such

16 Act, and information relating to the eligibility

17 requirements and services and benefits available

18 under this title.

19 (B) Collect information relating to—

20 (i) economic dislocation, including po21 tential closings and layoffs and the impact

22 of closures and layoffs to which such unit

23 has responded, and

24 (ii) available programs and resources

25 within the State to serve affected workers.
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1 (C) Disseminate the information collected

2 pursuant to subparagraph (B) to the Governor

3 to assist in providing an adequate information

4 base for effective program management, review,

5 and evaluation.

6 (D) Disseminate information throughout

7 the State on the services and activities carried

8 out by the State dislocated worker unit.

9 (3) PROGRAM SUPPORT.—The State dislocated

10 unit shall carry out the following program support

11 activities:

12 (A) Provide technical assistance and advice

13 to substate grantees.

14 (B) Work with employers and representa15 tives of employees in promoting labor-manage16 ment cooperation to achieve the objectives of

17 this title.

18 (C) Assist each local community affected

19 by a mass layoff or plant closing in developing

20 and implementing an adjustment plan, includ21 ing assistance in obtaining access to State eco22 nomic development assistance.

23 (4) COORDINATION.—The State dislocated

24 worker unit shall exchange information and coordi25 nate programs with—
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1 (A) the appropriate economic development

2 agency and job retention projects authorized

3 under section 116, for the purpose of identify4 ing potential layoffs and for the purpose of de5 veloping strategies to avert plant closings or

6 mass layoffs and to accelerate the reemploy7 ment of dislocated workers;

8 (B) State education, training and social

9 services programs;

10 (C) State labor federations;

11 (D) State-level general purpose business

12 organizations; and

13 (E) all other programs available to assist

14 dislocated workers, including the Employment

15 Service, the unemployment insurance system,

16 one-stop career centers established under title

17 II of this Act, and student financial aid pro18 grams.

19 (c) COORDINATION WITH CAREER CENTERS.—In

20 carrying out this section, the State dislocated worker unit

21 shall coordinate its actions with the affected substate

22 grantees and career centers.

23 (d) WORKER-MANAGEMENT TRANSITION ASSIST24 ANCE COMMITTEES.—The worker-management transition

25 assistance committees promoted by the State dislocated
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1 worker unit pursuant to subsection (b)(1)(D) shall ordi2 narily include (but not be limited to) the following:

3 (1) Shared and equal participation by workers

4 (and their representatives) and management, and

5 which may include participation from community

6 representatives as appropriate.

7 (2) Shared financial participation between the

8 employer and the State, using funds provided under

9 this title in paying for the operating expenses of the

10 committee.

11 (3) A chairperson, to oversee and guide the ac12 tivities of the committee, who shall—

13 (A) be jointly selected by the worker and

14 management representatives of the committee,

15 (B) not be employed or under contract

16 with or members of the immediate family of

17 labor or management at the site, and

18 (C) provide advice and leadership to the

19 committee and prepare a report on its activities.

20 (4) Operations pursuant to a formal agreement,

21 terminated at will by the workers or management,

22 and terminated for cause by the Governor.

23 (e) COVERAGE OF LAYOFFS.—The Governor may au24 thorize the provision of the rapid response activities de25 scribed in subsection (b)(1) to layoffs of less than 50
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1 workers if such layoffs are determined by the Governor

2 to have a significant adverse economic impact on a local

3 community.

4 (f) PLANT BUYOUT STUDY.—In a situation involving

5 an impending permanent closure or substantial layoff, a

6 State may provide funds, where other public or private re7 sources are not expeditiously available, for a preliminary

8 assessment of the advisability of having a company or

9 group, including the workers, purchase the plant and con10 tinue it in operation. Such assessment shall not include

11 a feasibility study relating to such purchase.

12 (g) PROHIBITION ON TRANSFER OF RESPONSIBIL13 ITY.—The State shall not transfer the responsibility for

14 the rapid response assistance functions of the State unit

15 under this section to another entity, but the State may

16 carry out such functions through agreement, grant, con17 tract, or other arrangement with another entity, such as

18 a substate grantee or a career center.

19 (h) FEDERAL OVERSIGHT OF RAPID RESPONSE.—

20 The Secretary shall oversee the administration by each

21 State of the rapid response assistance services provided

22 in such State and evaluate the effectiveness, efficiency,

23 and timeliness of the delivery of such services. The Sec24 retary may establish performance standards relating to

25 the provision of such services by the State. If the Sec-
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1 retary determines that such services are not being per2 formed adequately, the Secretary shall implement appro3 priate corrective action.

4 SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE

5 AND LOCAL LABOR MARKET INFORMATION

6 SYSTEMS.

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

8 strategy described in section 302 of this Act to establish

9 a nationwide system of effective labor market information,

10 the Governor shall identify, or develop, and maintain a

11 comprehensive labor market information system in the

12 State that—

13 (1) promotes the collection, use, exchange, and

14 dissemination of quality labor market information

15 that will enhance the employment opportunities

16 available to permanently laid off workers and other

17 individuals seeking employment, and

18 (2) provides support for needed improvements

19 or adjustments in current labor market information

20 systems and integrates such systems to meet local

21 and State labor market needs.

22 (b) CONTENT.—The labor market information de23 scribed in subsection (a)(1) shall include the information

24 specified in section 303(a) of this Act relating to the na25 tional labor market information system.
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1 (c) STANDARDS FOR INFORMATION COLLECTION AND

2 DISSEMINATION.—The Governor shall ensure that data

3 collection and dissemination systems are developed in ac4 cordance with the technical standards specified in section

5 303(b) of this Act relating to the national labor market

6 information system.

7 (d) COORDINATION OF DATA COLLECTION AND SUR8 VEY CONSOLIDATION.—Consistent with the technical

9 standards specified in section 303(b), the Governor shall

10 ensure, to the extent feasible that—

11 (1) automated technology will be used in data

12 collection and dissemination;

13 (2) the State dislocated worker unit, the sub14 state grantees, and the career centers under this

15 title have timely access to and exchange information

16 relating to quality labor market information;

17 (3) administrative records are designed to re18 duce paperwork; and

19 (4) available administrative data and multiple

20 surveys are shared or consolidated to reduce duplica21 tion of recordkeeping of State and local agencies.

22 (e) DESIGN OF STATE SYSTEM.—The Governor shall

23 designate an agent within the State to be responsible for

24 oversight and management of a statewide comprehensive

25 labor market and occupational information system that—
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1 (1) meets the requirements of this section;

2 (2) provides such training and technical assist3 ance necessary to facilitate the collection of data and

4 the dissemination of information through the pro5 grams assisted under this title;

6 (3) provides funding for the State share of the

7 cooperative agreements authorized in section 302;

8 and

9 (4) funds research, evaluation, and demonstra10 tion projects designed to make improvements in the

11 statewide labor market information system.

12 (f) COORDINATION OF RESOURCES.—The Governor

13 shall coordinate the activities carried out under this title

14 with the labor market information activities carried out

15 in the State pursuant to other Federal laws and with the

16 national labor market information program described in

17 title III of this Act. In maintaining the system described

18 under this section, the Governor may use funds that are

19 otherwise available to the Governor for such purposes

20 under other Federal laws, such as the Job Training Part21 nership Act and the Wagner-Peyser Act.

22 (g) METHODS OF COLLECTION AND DISSEMINA23 TION.—In order to facilitate the collection and dissemina24 tion of the data described in subsection (b), the Governor

25 shall—
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1 (1) identify and utilize cost-effective methods

2 for obtaining such data as are necessary to carry out

3 this section which, notwithstanding any other provi4 sion of law, may include access to earnings records,

5 State employment security records, records collected

6 under the Federal Insurance Contributions Act

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

8 State aid to families with dependent children

9 records, secondary and post-secondary education

10 records, and similar records or measures, with ap11 propriate safeguards to protect the confidentiality of

12 the information obtained; and

13 (2) publish and make available labor market

14 and occupational supply and demand information

15 and career information to State agencies, public

16 agencies, libraries, employers, and individuals who

17 are in the process of making career choices.

18 SEC. 114. COORDINATION WITH WORKER PROFILING AND

19 RETRAINING INCOME SUPPORT PROGRAMS.

20 (a) WORKER PROFILING.—The Governor shall co21 ordinate programs under this title with the worker

22 profiling system authorized under title III of the Social

23 Security Act. Such coordination shall include methods for

24 ensuring the prompt referral, in accordance with regula25 tions issued by the Secretary of the claimants identified
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1 under such profiling system to career centers authorized

2 under this title, and the sharing of relevant information.

3 (b) RETRAINING INCOME SUPPORT.—The Governor

4 shall coordinate programs under this title with the retrain5 ing income support program authorized under part A of

6 title I of the Retraining Income Support Act of 1994.

7 SEC. 115. STATE SUPPLEMENTARY GRANTS FOR AREAS OF

8 SPECIAL NEED.

9 (a) IN GENERAL.—The Governor may award grants

10 to provide the services authorized under section 119 to eli11 gible individuals in areas of the State experiencing sub12 stantial increases in the number of eligible individuals due

13 to plant closures, base closures and mass layoffs.

14 (b) ELIGIBLE ENTITIES.—The grants authorized

15 under subsection (a) may be awarded to—

16 (1) the substate grantees in the areas affected

17 by such closures and mass layoffs;

18 (2) employers and employer associations;

19 (3) transition assistance committees and other

20 employer-employee entities;

21 (4) representatives of employees;

22 (5) industry consortia; and

23 (6) State agencies.

24 (c) ESTABLISHMENT OF ADDITIONAL SERVICE CEN25 TERS.—
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1 (1) IN GENERAL.—The Governor may use the

2 grant funds available under this section to establish

3 a center, including an on-site transition center de4 scribed in paragraph (2), at the site of a plant clo5 sure, base closure or mass layoff to provide the serv6 ices described in section 119. Such center shall be

7 established after formal consultation with the sub8 state grantee for the affected area and shall be oper9 ated in coordination with the career centers in the

10 affected area.

11 (2) ONSITE TRANSITION CENTERS.—Funds

12 available under this section may be used to establish

13 a transition center that—

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

15 base closure, or mass layoff for the purpose of

16 providing reemployment services to eligible indi17 viduals affected by such layoff or closure,

18 (B) includes substantial funding from

19 sources other than public funds,

20 (C) is operated with the concurrence and

21 participation of affected workers and their rep22 resentatives and the affected employer, includ23 ing the worker-management transition assist24 ance committee established in accordance with

25 section 112(d) if such committee is established,
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1 (D) provides the reemployment services de2 scribed in sections 119(b) and (c) directly or

3 through contracts with other entities, such as

4 outplacement agencies, and

5 (E) is administered in coordination with

6 the career centers in the substate area, includ7 ing arrangements to ensure that the affected

8 workers have the opportunity to receive services

9 at the career centers in addition to or in lieu of

10 receiving such services at the transition center.

11 SEC. 116. STATE GRANTS FOR JOB RETENTION PROJECTS.

12 (a) IN GENERAL.—The Governor may, consistent

13 with the limitation contained in section 101(c)(2)(B),

14 award grants to assist projects that—

15 (1) provide services to upgrade the skills of em16 ployed workers who are at risk of being permanently

17 laid off; and

18 (2) assist in retraining employed workers in

19 new technologies and work processes that will facili20 tate the conversion or restructuring of businesses

21 into high performance work organizations and avert

22 plant closings or substantial layoffs.

23 (b) STATE AND EMPLOYER CONTRIBUTION RE24 QUIRED.—In order for a project to be eligible for assist25 ance under subsection (a), the amount of the grant to be
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1 awarded shall be matched by an equal amount provided

2 by a combination of—

3 (1) funds provided by the State, from funds

4 other than federal funds; and

5 (2) funds provided by the affected employers or

6 businesses.

7 (c) CONSULTATIONS.—Prior to awarding grants

8 under this section, the Governor shall consult with unions

9 representing affected workers regarding the proposed

10 projects.

11 SEC. 117. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE

12 STRUCTURE.

13 (a) DESIGNATION OF SUBSTATE AREAS.—

14 (1) The Governor of each State shall, after con15 sultation with the State council and local elected of16 ficials, designate substate areas for the State.

17 (2) Each service delivery area within a State

18 shall be included within a substate area and no serv19 ice delivery area shall be divided among two or more

20 substate areas.

21 (3) In making designations of substate areas,

22 the Governor shall consider—

23 (A) the availability of services throughout

24 the State;
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1 (B) the capability to coordinate the deliv2 ery of services with other job training, human

3 services and economic development programs;

4 and

5 (C) the geographic boundaries of labor

6 market areas within the State.

7 (4) Subject to paragraphs (2) and (3), the Gov8 ernor—

9 (A) shall designate as a substate area any

10 single service delivery area that—

11 (i) has a population of 200,000 or

12 more, and

13 (ii) requests such designation;

14 (B) shall designate as a substate area any

15 two or more contiguous service delivery areas—

16 (i) that in the aggregate have a popu17 lation of 200,000 or more, and

18 (ii) that request such designation; and

19 (C) shall designate as a substate area any

20 concentrated employment program grantee for

21 a rural area described in section

22 101(a)(4)(A)(iii) of the Job Training Partner23 ship Act.

24 (5) The Governor may deny a request for des25 ignation under paragraph (4)(B) if the Governor de-
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1 termines that such designation would not be consist2 ent with the effective delivery of services to eligible

3 dislocated workers in various labor market areas (in4 cluding urban and rural areas) within the State, or

5 would not otherwise be appropriate to carry out the

6 purposes of this title.

7 (6) The Governor shall not designate as a sub8 state area any area with a population of less than

9 200,000 unless such area meets the requirements of

10 paragraph (4)(C).

11 (7) From the funds reserved under section

12 101(c)(1), the Governor may award grants to en13 courage the formation of substate areas that are

14 based on labor market areas.

15 (8) The Governor may designate as substate

16 areas under this title areas designated as substate

17 areas under title III of the Job Training Partnership

18 Act prior to the enactment of this Act if such areas

19 meet the requirements of this subsection.

20 (9) The designations made under this sub21 section may not be revised more than once every

22 four years.

23 (b) DESIGNATION OF SUBSTATE GRANTEES.—

24 (1) AGREEMENT.—A substate grantee shall be

25 designated, on a guadrennial basis, for each substate
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1 area. Such substate grantee shall be designated in

2 accordance with an agreement among the Governor,

3 the local elected official or officials of such area, and

4 the private industry council or councils of such area.

5 Whenever a substate area is represented by more

6 than one such official or council, the respective offi7 cials and councils shall each designate representa8 tives, in accordance with procedures established by

9 the Governor (after consultation with the State

10 council), to negotiate such agreement. In the event

11 agreement cannot be reached on the selection of a

12 substate grantee, the Governor shall select the sub13 state grantee.

14 (2) ELIGIBILITY.—Entities eligible for designa15 tion as substate grantees include—

16 (A) private industry councils in the sub17 state area;

18 (B) service delivery area grant recipients

19 or administrative entities under the Job Train20 ing Partnership Act;

21 (C) private nonprofit organizations;

22 (D) units of general local government in

23 the substate area, or agencies thereof;

24 (E) local offices of State agencies;
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1 (F) other public agencies, such as commu2 nity colleges and area vocational schools; and

3 (G) consortia of the entities described in

4 subparagraphs (A) through (F).

5 (c) FUNCTIONS OF SUBSTATE GRANTEES.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the substate grantees designated pursu8 ant to this subsection shall—

9 (A) receive and administer funds allocated

10 to the substate area, including the administra11 tion of payments to service providers in accord12 ance with section 119(d)(2);

13 (B) administer the process for the selection

14 of career center operators established pursuant

15 to section 118;

16 (C) conduct oversight and monitoring of

17 the program carried out within the substate

18 area and coordinate the operation of the career

19 centers established within the substate area;

20 and

21 (D) prepare and make publically available

22 a biennial written plan describing the objectives

23 to be accomplished and the activities to be un24 dertaken in the substate area under this title.

25 (2) SPECIAL RULE.—
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1 (A) SELECTION PROCESS FOR CAREER

2 CENTER OPERATORS.—If a substate grantee de3 sires to be selected to operate a career center,

4 the process for the selection of career center op5 erators in the substate area shall be adminis6 tered by the private industry council or councils

7 established in such substate area. If such sub8 state grantee is such private industry council,

9 the process for the selection of career center op10 erators in the substate area shall be adminis11 tered by the Governor.

12 (B) OVERSIGHT.—If a substate grantee is

13 selected to operate a career center, the over14 sight of the career centers in the substate area

15 shall be carried out by the Governor.

16 SEC. 118. ESTABLISHMENT OF CAREER CENTERS.

17 (a) IN GENERAL.—The substate grantee designated

18 pursuant to section 117 shall, in accordance with the re19 quirements of this section, establish one or more career

20 centers in each substate area.

21 (b) FUNCTIONS OF CENTERS.—Each career center

22 shall be the point of access for eligible individuals to the

23 services provided pursuant to section 119.

24 (c) SELECTION OF CENTERS.—
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1 (1) SELECTION PROCESS.—The substate grant2 ee shall select the career center operators in accord3 ance with the requirements of this subsection.

4 (2) ELIGIBLE ENTITIES.—Any entity or consor5 tium of entities located in the substate area may

6 apply, in accordance with the procedures described

7 in paragraph (3), to be selected as a career center

8 operator. Such entities may include—

9 (A) employment service offices,

10 (B) service delivery area grant recipients

11 or administrative entities under the Job Train12 ing Partnership Act,

13 (C) substate grantees under this title,

14 (D) community colleges and area voca15 tional schools,

16 (E) community-based and other private,

17 nonprofit organizations, and

18 (F) other interested private for-profit and

19 public organizations and entities.

20 (3) PUBLICATION OF PROCEDURES.—The sub21 state grantee, after consultation with the Governor

22 and local elected officials, shall publish, in a manner

23 that is generally available, information to notify or24 ganizations and individuals in the substate area of—
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1 (A) the estimated number of career centers

2 to be established in the substate area;

3 (B) the application procedure for any en4 tity or consortium of entities desiring to be se5 lected to operate such centers, including when

6 and where such application is to be submitted

7 and what information such application is to

8 contain;

9 (C) the criteria for selection that will be

10 used, consistent with paragraph (4); and

11 (D) other information the substate grantee

12 considers relevant to the selection of operators

13 and administration of such centers.

14 (4) SELECTION CRITERIA.—

15 (A) OBJECTIVE FACTORS.—The substate

16 grantee, consistent with guidelines issued by the

17 Secretary, shall use objective criteria and per18 formance measures in assessing applications

19 submitted for selection as a career center opera20 tor.

21 (B) CONTENTS.—An applicant may not be

22 selected as a career center operator under this

23 title unless such applicant demonstrates to the

24 satisfaction of the substate grantee the ability

25 to operate a career center that would—
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1 (i) provide the services described in

2 section 119;

3 (ii) utilize automated information sys4 tems to facilitate the exchange of informa5 tion among career centers;

6 (iii) meet the performance standards

7 prescribed pursuant to section 152;

8 (iv) meet the fiscal control require9 ments provided in part E;

10 (v) administer the process of referring

11 participants to education and training

12 services in an objective and equitable man13 ner; and

14 (vi) meet such other requirements as

15 the substate grantee determines is appro16 priate.

17 (C) LEVEL OF WAGES AND BENEFITS.—

18 The level of wages and benefits paid to non19 managerial employees by an applicant may not

20 be considered as a factor in the selection of a

21 career center operator. Other cost factors may

22 be taken into account in such selection.

23 (5) PERIOD OF SELECTION.—The substate

24 grantee shall select career center operators pursuant
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1 to the requirements of this subsection once every

2 four years.

3 (6) ENFORCEMENT OF HONEST BROKER FUNC4 TIONS.—The substate grantee shall review, at least

5 once each program year, the education and training

6 referral practices of any career center that is oper7 ated by an entity that concurrently provides edu8 cation and training services to participants under

9 this title. If the substate grantee determines that

10 such center has engaged in a pattern of inappropri11 ate referrals to the education and training services

12 provided by the operator of such center, the substate

13 grantee may terminate the agreement to operate

14 such center or may require such operator to cease

15 providing education and training services to partici16 pants under this title as a condition for continuing

17 to operate such center.

18 (d) ON-SITE TRANSITION CENTERS.—In addition to

19 the career centers established under this section, a sub20 state grantee may use funds allocated to the substate area

21 to establish temporary, on-site transition centers that

22 meet the requirements described in section 115(c)(2).

23 Such centers may be established pursuant to grants, con24 tracts, or other arrangements with the entities described

25 in subsection (c)(2) of this section.
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1 SEC. 119. 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);

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

15 (6) supplemental wage allowances for older

16 workers in accordance with subsection (g).

17 (b) BASIC REEMPLOYMENT SERVICES.—Each career

18 center established pursuant to this title shall make avail19 able to eligible individuals the following services:

20 (1) outreach and provision of information to

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

22 reemployment and training services, including efforts

23 to expand awareness of training and placement op24 portunities for hard-to-serve individuals such as

25 those with limited English proficiency and those with

26 disabilities;
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1 (2) intake and determination of eligibility for

2 assistance under this title;

3 (3) orientation to the information and services

4 available through such center;

5 (4) assistance in filing an initial claim for un6 employment compensation;

7 (5) a preliminary assessment of the skill levels

8 (including appropriate testing) and service needs of

9 such individuals, which may include such factors as

10 basic skills, occupational skills, prior work experi11 ence, employability, interests, aptitudes, and sup12 portive service needs;

13 (6) information relating to local, regional and

14 national labor markets, including—

15 (A) job vacancy listings in such markets,

16 and

17 (B) information relating to local occupa18 tions in demand and the earnings and skill re19 quirements for such occupations;

20 (7) job search assistance, including resume and

21 interview preparation, and workshops;

22 (8) job referral and job placement assistance;

23 (9) information relating to education and job

24 training programs, including the eligibility require25 ments of and services provided by such programs,
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1 the availability and quality of such programs, and

2 student financial assistance available for such pro3 grams;

4 (10) assistance in evaluating whether such indi5 viduals are likely to be eligible for any employment

6 and training programs administered by the Sec7 retary other than this title;

8 (11) information collected pursuant to the per9 formance standards and quality assurance require10 ments of part C of this title;

11 (12) information relating to programs and pro12 viders of dependent care and other supportive serv13 ices available in the local area;

14 (13) group counseling, which may include peer

15 counseling, and which shall be available to such indi16 viduals jointly with their immediate families, includ17 ing group counseling relating to stress management

18 and financial management; and

19 (14) soliciting and accepting job orders submit20 ted by employers in the substate area, and referring

21 individuals in accordance with such orders.

22 (c) INTENSIVE REEMPLOYMENT SERVICES.—

23 (1) IN GENERAL.—Each career center estab24 lished pursuant to this title shall make available, to

25 eligible individuals who have received basic reemploy-
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1 ment services under subsection (b) and have been

2 unable to obtain employment through such services,

3 the following services:

4 (A) Comprehensive and specialized assess5 ments of the skill levels and service needs of in6 dividuals, which may include—

7 (i) diagnostic testing and other assess8 ment tools; and

9 (ii) in-depth interviewing and evalua10 tion to identify employment barriers and

11 appropriate employment goals.

12 (B) The development of an individual re13 employment plan, which shall identify the em14 ployment goal (including, in appropriate cir15 cumstances, nontraditional employment), appro16 priate achievement objectives, and the appro17 priate combination of services for a participant

18 to achieve the employment goal.

19 (C) Individualized counseling and career

20 planning, including peer counseling and coun21 seling and planning relating to nontraditional

22 employment opportunities.

23 (D) Case management for individuals re24 ceiving education, training and supportive serv25 ices.
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1 (E) Job development.

2 (F) Out-of-area job search allowances.

3 (G) Relocation allowances.

4 (H) Assistance in the selection of edu5 cation and training providers.

6 (I) Assistance in obtaining income support

7 for which the individual is eligible, including

8 student financial assistance, to enable such in9 dividual to participate in training.

10 (J) Follow-up counseling for individuals

11 placed in training or employment.

12 (2) ADDITIONAL CONDITIONS.—

13 (A) REEMPLOYMENT PLAN.—

14 (i) JOINT DEVELOPMENT.—The indi15 vidual reemployment plan described in

16 paragraph (1)(B) shall be developed jointly

17 by the eligible individual and a career

18 counselor. Both parties shall sign the plan

19 and periodically review the progress of the

20 individual in achieving the objectives set

21 forth in the plan. In the event of a dis22 agreement over the content of the plan, the

23 eligible individual shall be provided an op24 portunity to appeal the career counselor’s

25 recommendation pursuant to section 164.
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1 (ii) EMPLOYMENT GOAL.—The em2 ployment goal identified under an individ3 ual reemployment plan described under

4 paragraph (1)(B) shall relate to employ5 ment in an occupation for which there is a

6 demand in the local area, or in another

7 area to which the individual is willing to

8 relocate.

9 (iii) PROHIBITION ON PRIVATE AC10 TIONS.—Nothing in this section shall be

11 construed to establish a right for an indi12 vidual to bring a private action to obtain

13 the services described in the reemployment

14 plan.

15 (B) OUT-OF-AREA JOB SEARCH ALLOW16 ANCE.—

17 (i) IN GENERAL.—Out-of-area job

18 search allowances provided under para19 graph (1)(F) shall provide reimbursement

20 to the individual of not more than 90 per21 cent of the cost of necessary job search ex22 penses, up to a maximum payment speci23 fied by the Secretary in regulations.
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1 (ii) CRITERIA FOR GRANTING JOB

2 SEARCH ALLOWANCES.—A job search al3 lowance may be granted only—

4 (I) to assist an eligible individual

5 in securing a job within the United

6 States; and

7 (II) where the career center de8 termines that such employee cannot

9 reasonably be expected to secure suit10 able employment in the commuting

11 area in which the worker resides.

12 (C) RELOCATION ALLOWANCE.—

13 (i) IN GENERAL.—Relocation allow14 ances provided under paragraph (1)(G)

15 may only be granted to assist an eligible

16 individual in relocating within the United

17 States and only if the career center deter18 mines that such employee—

19 (I) cannot reasonably be expected

20 to secure suitable employment in the

21 commuting area in which the em22 ployee resides;

23 (II) has obtained suitable em24 ployment affording a reasonable ex25 pectation of long-term duration in the
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1 area in which the employee wishes to

2 relocate, or has obtained a bona fide

3 offer of such employment, and

4 (III) is totally separated from

5 employment at the time relocation

6 commences.

7 (ii) AMOUNT OF RELOCATION ALLOW8 ANCE.—The amount of any relocation al9 lowance for any eligible individual may not

10 exceed an amount which is equal to the

11 sum of—

12 (I) 90 percent of the reasonable

13 and necessary expenses, specified in

14 regulations prescribed by the Sec15 retary, incurred in transporting an in16 dividual and the individual’s family, if

17 any, and household effects, and

18 (II) a lump sum equivalent to 3

19 times the employee’s average weekly

20 wage in the previous job, up to a max21 imum payment specified by the Sec22 retary in regulations.

23 (d) EDUCATION AND TRAINING.—

24 (1) AVAILABLE SERVICES.—Each career center

25 shall make available a list of eligible providers of—
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1 (A) basic skills training, including remedial

2 education, literacy training, and English-as-a3 second language instruction;

4 (B) occupational skills training, provided

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

6 (C) other skills-based education and train7 ing that such center considers appropriate,

8 which may include entrepreneurial training and

9 training in skills required for high performance

10 work organizations, such as problem solving

11 and skills related to the use of new tech12 nologies.

13 (2) REFERRALS.—An eligible individual who

14 has an individual reemployment plan developed pur15 suant to subsection (c)(1)(B) that specifies edu16 cation and training services as are necessary to the

17 reemployment of such individual shall, in consulta18 tion with a career counselor, select a service provider

19 for such services from the list described in para20 graph (1). The career centers shall refer such indi21 viduals to such service providers and arrange with

22 the substate grantee for payment to the provider for

23 the services provided consistent with the limitation

24 contained in paragraph (5).
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1 (3) ELIGIBLE PROVIDERS.—For the purposes of

2 this title, an eligible provider of education and train3 ing services is a provider that meets the require4 ments of section 154.

5 (4) CONTRACT EXPECTATIONS.—Education and

6 training services authorized under this title may be

7 provided pursuant to a contract for services between

8 the substate grantee and an eligible service provider

9 in lieu of the referral procedures described in para10 graph (2) if such services—

11 (A) are customized by a provider to meet

12 the particular needs of a specific group of eligi13 ble individuals in the substate area; or

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

15 employer.

16 (5) CAP ON TRAINING.—

17 (A) LIMITATION.—The program under this

18 title shall not pay an amount in excess of

19 $4750 for the provision of education and train20 ing to any individual under this subsection over

21 any 12-month period.

22 (B) RELATIONSHIP TO STUDENT FINAN23 CIAL ASSISTANCE.—

24 (i) For purposes of determining a stu25 dent’s need for grant, loan, or work assist-
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1 ance under title IV of the Higher Edu2 cation Act of 1965, the funds provided to

3 a participant for education and training

4 under this subsection shall be considered to

5 be estimated financial assistance not re6 ceived under such title IV for the purpose

7 of section 471(3) of such Act.

8 (ii) Notwithstanding section 401(b) of

9 such Act, the funds provided to a partici10 pant for education and training under this

11 subsection shall be applied to reduce the

12 student’s cost of attendance (as defined in

13 section 472 of such Act) prior to determin14 ing the amount of a student’s Federal Pell

15 Grant award under subpart 1 of part A of

16 title IV of such Act, except that such re17 duction shall not result in a negative num18 ber.

19 (iii) Nothing in this Act shall be con20 strued to modify the eligibility require21 ments applicable to students, programs of

22 study, or institutions of higher education

23 under title IV of such Act.

24 (6) LIMIT ON LENGTH OF TRAINING.—No par25 ticipant may receive assistance from funds under
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1 this title for education or training for more than 104

2 weeks in a five-year period.

3 (7) APPROVED TRAINING.—

4 (A) RELATIONSHIP TO INCOME SUPPORT

5 PROGRAM UNDER TITLE II.—For the purposes

6 of the program authorized under part A of title

7 I of the Retraining Income Support Act of

8 1994, the career centers shall be considered an

9 agency certified by the Secretary to develop a

10 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 (8) ON-THE-JOB TRAINING.—The provisions of

19 paragraphs (5), (6), and (7) shall not apply to on20 the-job training provided under this title. Such on21 the-job training shall be provided consistent with the

22 limitations described in section 161(d).

23 (e) RETRAINING INCOME SUPPORT.—

24 (1) IN GENERAL.—Eligible individuals receiving

25 education and training services pursuant to sub-
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1 section (d) who meet the requirements for receiving

2 retraining income support under part A of title I of

3 the Retraining Income Support Act of 1994 shall be

4 referred to such program for such support. For pro5 gram years 1995 through 1999, individuals who do

6 not meet the requirements of such program but who

7 do meet the requirements of paragraph (2) shall, to

8 the extent appropriated funds are available, be pro9 vided retraining income support in accordance with

10 this subsection.

11 (2) ELIGIBILITY.—An eligible individual shall,

12 to the extent appropriated funds are available, be

13 provided retraining income support in accordance

14 with this subsection if such individual—

15 (A) has been permanently laid off;

16 (B) either—

17 (i) had been continuously employed at

18 the time of such permanent layoff for a pe19 riod of one year or more, but less than

20 three years, by the employer from whom

21 such individual has been permanently laid

22 off; or

23 (ii) was continuously employed in the

24 same occupation and industry by an em25 ployer for a period of one year or more and
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1 was, within the preceding 12-month pe2 riod—

3 (I) separated from such em4 ployer, and

5 (II) employed in the same occu6 pation and industry by the subsequent

7 employer from whom such individual

8 has been permanently laid off;

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

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

11 have been entitled to if such individual had ap12 plied therefor) unemployment compensation

13 under any Federal or state law for a week with14 in the benefit period—

15 (I) in which the layoff took place, or

16 (II) which began (or would have

17 begun) by reason of the filing of a claim

18 for unemployment compensation by such

19 individual after such layoff;

20 (ii) has exhausted all rights to any unem21 ployment compensation to which such individual

22 was entitled (or would have been entitled if

23 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 30 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 subsection 102(a) of the

18 Family and Medical Leave Act of

19 1993,

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), or

9 (VI) was on temporary layoff.

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

11 more than the following number of weeks

12 within a one year period may be treated as

13 weeks of employment—

14 (I) 7 weeks in the case of weeks

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

16 clause (i), or both;

17 (II) 12 weeks in the case of

18 weeks described in subclause (II) of

19 clause (i); and

20 (III) 26 weeks in the case of

21 weeks described in subclause (III) and

22 (V) of clause (i).

23 (B) SAME EMPLOYER.—

24 (i) For the purpose of clause (ii) of

25 paragraph (2)(B), employment deemed to
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1 be employment for a single employer shall

2 include—

3 (I) all employment that was cov4 ered by a multiemployer plan defined

5 by section 4001(a)(3) of the Employee

6 Retirement Income Security Act of

7 1974;

8 (II) all employment that was ob9 tained through a single hiring hall,

10 (III) all employment for the em11 ployer from whom the individual was

12 laid-off or the predecessor of such em13 ployer, and

14 (IV) all employment for employ15 ers in a joint employment relation16 ship, as described in section 791.2(b)

17 of title 29 of the Code of Federal Reg18 ulations, with the individual.

19 (ii) For purposes of subclause (III) of

20 clause (i), an employer shall be considered

21 a predecessor of the employer from whom

22 the individual was laid-off (hereinafter re23 ferred to as successor employer) if—

24 (I) the successor employer ac25 quired substantially all the property
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1 used in a trade or business, or used in

2 a separate unit of a trade or business,

3 from such employer; and

4 (II) the individual who was laid

5 off was employed by such employer in

6 such trade or business, or in a sepa7 rate unit of such trade or business,

8 immediately before the acquisition and

9 was employed by the successor em10 ployer immediately after the acquisi11 tion.

12 (c) INDIVIDUAL TREATED AS PARTICIPAT13 ING IN EDUCATION OR TRAINING PROGRAM.—

14 For purposes of subparagraph (E) of paragraph

15 (2), an individual shall be treated as participat16 ing, and making satisfactory progress, in an

17 education or training program during any week

18 which is part of a break from training that does

19 not exceed 28 days if the break is provided

20 under such program.

21 (4) WEEKLY AMOUNT OF PAYMENTS.—The re22 training income support payment payable to an indi23 vidual under this subsection shall be an amount

24 equal to the most recent benefit amount of the un25 employment compensation payable to such individual
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1 for a week of total unemployment preceding such in2 dividual’s first exhaustion of unemployment com3 pensation related to the permanent layoff reduced

4 (but not below zero) by—

5 (A) any training income support provided

6 for such week to such individual under another

7 Federal program;

8 (B) income that is earned from employ9 ment that exceeds one-half the amount equal to

10 the most recent weekly benefit amount of the

11 unemployment compensation payable to such

12 individual for a week of total unemployment.

13 (5) TOTAL AMOUNT OF PAYMENTS.—The maxi14 mum amount of retraining income support payable

15 to an individual under this subsection shall be the

16 amount which is the product of 26 multiplied by the

17 retraining income support payable to the individual

18 for a week of total unemployment (as determined

19 under paragraph (4)), but such product shall be re20 duced by the total sum of extended and additional

21 compensation to which the individual was entitled in

22 the worker’s first benefit period as described in

23 paragraph (2)(C).

24 (6) ADMINISTRATION.—The substate grantee

25 shall enter into an agreement with the State agency
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1 charged with the administration of the State unem2 ployment compensation law under which such agency

3 will administer, on a cost-reimbursable basis, the re4 training income support payments authorized under

5 this subsection.

6 (7) CAREER CENTER ROLE.—Each career cen7 ter shall assist an individual receiving education or

8 training pursuant to subsection (d) in applying for

9 retraining income support under either part A of

10 title I of the Retraining Income Support Act of 1994

11 or this subsection depending on the program for

12 which such individual is eligible. If such individual is

13 not eligible for either program and such individual

14 believes income support is necessary to enable par15 ticipation in training, the career center shall assist

16 such individual in applying for other appropriate

17 sources of such income support, including student fi18 nancial aid.

19 (8) INFORMATION DISSEMINATION.—The career

20 centers shall provide individuals determined eligible

21 under this title with information relating to the

22 availability of retraining income support and the re23 quirements relating to eligibility for such support.

24 Such information shall include the provision, as soon

25 as is practicable, of information to such individuals
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1 describing the time periods by which enrollment in

2 education and training must occur in order to be eli3 gible for retraining income support pursuant to

4 paragraph (2)(D) of this subsection and section 102

5 of the Retraining Income Support Act of 1994. In

6 addition, the substate grantee shall make arrange7 ments with the State agency charged with the ad8 ministration of the State unemployment compensa9 tion law to make such information generally avail10 able to claimants along with other information de11 scribing the services available under this title.

12 (f) SUPPORTIVE SERVICES.—

13 (1) IN GENERAL.—Each career center shall

14 make available to an eligible individual, either

15 through direct payment, payment to a service pro16 vider, or arrangements through appropriate agen17 cies, such supportive services as are identified in

18 such individuals’s reemployment plan as necessary to

19 enable such individual to participate in intensive re20 employment services or education and training serv21 ices.

22 (2) OPTIONAL SERVICES.—Each career center

23 may make available to an eligible individual such

24 supportive services as such center determines is ap-
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1 propriate to enable such individual to participate in

2 basic reemployment services.

3 (3) SERVICES AVAILABLE.—The supportive

4 services provided pursuant to this subsection may in5 clude, but are not limited to, transportation, depend6 ent care, meals, health care, temporary shelter,

7 needs-related payments, drug and alcohol abuse

8 counseling and referral, family counseling, and other

9 similar services.

10 (g) SUPPLEMENTAL WAGE ALLOWANCE FOR OLDER

11 WORKERS.—

12 (1) IN GENERAL.—An eligible individual may

13 receive a supplemental wage allowance in the

14 amount specified in paragraph (2) if—

15 (A) such individual is age 55 or older,

16 (B) such individual accepts full-time em17 ployment at a weekly wage that is less than

18 such individual’s preceding wage,

19 (C) such individual received basic reem20 ployment services provided under subsection (a)

21 and was unable to obtain employment with a

22 higher wage than the employment obtained pur23 suant to subparagraph (B), and

24 (D) such individual and a career center

25 counselor agree that participation in the supple-
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1 mental wage allowance is the most effective ad2 justment option available to such individual.

3 (2) AMOUNT OF ALLOWANCE.—The supple4 mental wage allowance payable to an eligible individ5 ual under this section with respect to any week in

6 which services are performed in such a reemploy7 ment job shall be an amount that—

8 (A) is equal to three quarters of the dif9 ference between—

10 (i) the weekly wage received for such

11 week and

12 (ii) an amount equal to 80 percent of

13 the individual’s average weekly wage in the

14 preceding employment; but

15 (B) does not exceed 50 percent of the

16 weekly benefit amount of regular compensation

17 under the State unemployment compensation

18 law payable to such individual for a week of

19 total unemployment.

20 (3) DURATION OF ALLOWANCES.—An eligible

21 individual may receive the supplemental wage allow22 ance authorized under this section for a period of up

23 to 52 weeks.

24 (4) ADMINISTRATION.—The substate grantee

25 shall enter into an agreement with the State agency
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1 charged with the administration of the State unem2 ployment compensation law under which such agency

3 will administer, on a cost-reimbursable basis, the

4 supplemental wage allowances authorized under this

5 subsection.

6 SEC. 120. CERTIFICATES OF CONTINUING ELIGIBILITY.

7 (a) IN GENERAL.—A career center may issue a cer8 tificate of continuing eligibility for services under this title

9 if such career center determines that—

10 (1) such individual is eligible for services under

11 section 103; and

12 (2) such individual is accepting employment

13 and such employment is—

14 (A) at a wage significantly less than such

15 individual’s previous wage; or

16 (B) in an occupation significantly different

17 from such individual’s previous occupation.

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

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

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

21 remain eligible, notwithstanding the requirements of sec22 tion 103, for services under this title and for retraining

23 income support payments under section 119(e) and part

24 A of title I of the Retraining Income Support Act of 1994.
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1 (c) ELIGIBILITY FOR RETRAINING INCOME SUP2 PORT.—With respect to the continuing eligibility of an in3 dividual receiving a certificate under this section for re4 training income support—

5 (1) the requirements relating to eligibility for

6 unemployment compensation under section

7 119(e)(2)(C) and section 102(a)(3) of the Retrain8 ing Income Support Act of 1994 and to the weekly

9 amount of such support under section 119(e)(4) and

10 part A of title I of the Retraining Income Support

11 Act of 1994 shall apply to such individual’s status

12 at the time such individual receives a certificate

13 under this section and shall not apply to such indi14 vidual’s status at the time of separation from subse15 quent employment described in subsection (a)(2);

16 and

17 (2) the requirements relating to enrollment in

18 training in order to qualify for such income support

19 shall remain applicable except that the 16-week and

20 14-week periods described in section 119(e)(2) and

21 section 102(a)(4) of the Retraining Income Support

22 Act shall commence with such individual’s separa23 tion from the subsequent employment described in

24 subsection (a)(2).
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1 (d) LIMITATION.—An individual may not receive a

2 wage supplement authorized under section 119(g) after re3 ceiving a certificate of continuing eligibility under this sec4 tion.

5 PART B—FEDERAL SERVICE DELIVERY SYSTEM

6 SEC. 131. NATIONAL DISCRETIONARY GRANT PROGRAM.

7 (a) ESTABLISHMENT.—The Secretary shall establish

8 a program of national grants to address large scale eco9 nomic dislocations that result from plant closures, base

10 closures, or mass layoffs.

11 (b) PROJECTS AND SERVICES.—

12 (1) IN GENERAL.—The programs assisted

13 under this section shall be used to provide services

14 of the type described in section 119 in projects that

15 relate to—

16 (A) industry-wide dislocations;

17 (B) multistate dislocations;

18 (C) dislocations resulting from reductions

19 in defense expenditures;

20 (D) dislocations resulting from inter21 national trade;

22 (E) dislocations resulting from environ23 mental laws and regulations, including the

24 Clean Air Act and the Endangered Species Act;
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1 (F) dislocations affecting Native American

2 tribal entities; and

3 (G) other dislocations that result from spe4 cial circumstances or that State and local re5 sources are insufficient to address.

6 (2) COMMUNITY PROJECTS.—The Secretary

7 may award grants under this section for projects

8 that provide comprehensive planning services to as9 sist communities in addressing and reducing the im10 pact of an economic dislocation.

11 (3) ON-SITE TRANSITION CENTERS.—The Sec12 retary may award grants under this section to

13 projects that establish on-site transition centers

14 meeting the requirements described in section

15 115(c)(2).

16 (c) ADMINISTRATION.—

17 (1) APPLICATION.—To receive a grant under

18 this section, an eligible entity shall submit an appli19 cation to the Secretary at such time, in such man20 ner, and accompanied by such information as the

21 secretary determines is appropriate.

22 (2) ELIGIBLE ENTITIES.—Grants under this

23 section may be awarded to—

24 (A) the State;

25 (B) the substate grantee;
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1 (C) employers and employer associations;

2 (D) worker-management transition assist3 ance committees and other employer-employee

4 entities;

5 (E) representatives of employees;

6 (F) community development corporations

7 and community-based organizations; and

8 (G) industry consortia.

9 SEC. 132. DISASTER RELIEF EMPLOYMENT ASSISTANCE.

10 (a) GENERAL AUTHORITY.—

11 (1) QUALIFICATION FOR FUNDS.—Funds ap12 propriated to carry out this section shall be made

13 available in a timely manner by the Secretary to the

14 Governor of any State within which is located an

15 area that has suffered an emergency or a major dis16 aster as defined in paragraphs (1) and (2), respec17 tively, of section 102 of the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act (referred

19 to in this section as the ‘‘disaster area’’).

20 (2) SUBSTATE ALLOCATION.—Not less than 80

21 percent of the funds made available to any Governor

22 under paragraph (1) shall be allocated by the Gov23 ernor to units of general local government located,

24 in whole or in part, within such disaster areas. The

25 remainder of such funds may be reserved by the
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1 Governor for use, in concert with State agencies, in

2 cleanup, rescue, repair, renovation, and rebuilding

3 activities associated with such major disaster.

4 (3) COORDINATION.—Funds made available

5 under this section to Governors and units of general

6 local government shall be expended in consultation

7 with—

8 (A) agencies administering programs for

9 disaster relief provided under the Robert T.

10 Stafford Disaster Relief and Emergency Assist11 ance Act; and

12 (B) the administrative entity and the pri13 vate industry council in each service delivery

14 area within which disaster employment pro15 grams will be conducted under this part.

16 (b) USE OF FUNDS.—

17 (1) PROJECTS RESTRICTED TO DISASTER

18 AREAS.—Funds made available under this section to

19 any unit of general local government in a disaster

20 area—

21 (A) shall be used exclusively to provide em22 ployment on projects to provide food, clothing,

23 shelter, and other humanitarian assistance for

24 disaster victims and on projects regarding dem25 olition, cleanup, repair, renovation, and recon-
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1 struction of damaged and destroyed structures,

2 facilities, and lands located within the disaster

3 area; and

4 (B) may be expended through public and

5 private agencies and organizations engaged in

6 such projects.

7 (2) ELIGIBILITY REQUIREMENTS.—Notwith8 standing section 103, an individual shall be eligible

9 to be offered disaster employment under this section

10 if such individual is temporarily or permanently laid

11 off as a consequence of the disaster.

12 (3) LIMITATIONS ON DISASTER RELIEF EM13 PLOYMENT.—No individual shall be employed under

14 this part for more than 6 months for work related

15 to recovery from a single natural disaster.

16 (c) DEFINITIONS.—As used in this section, the term

17 ‘‘unit of general local government’’ includes—

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

19 project in an Indian reservation or Alaska Native

20 village, the grantee designated under subsection (c)

21 or (d) or of section 401 of the Job Training Part22 nership Act, or a consortium of such grantees and

23 the State; and

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

25 project in a migrant or seasonal farmworker commu-
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1 nity, the grantee designated under section 402(c) of

2 the Job Training Partnership Act, or a consortium

3 of such grantees and the State.

4 SEC. 133. EVALUATION, RESEARCH, AND DEMONSTRA5 TIONS.

6 (A) EVALUATION.—

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

8 for the continuing evaluation of programs conducted

9 under this title, including the cost-effectiveness of

10 programs in achieving the purposes of this title.

11 (2) TECHNIQUES.—

12 (A) METHODS.—Evaluations conducted

13 under paragraph (1) shall utilize recognized

14 statistical methods and techniques of the behav15 ioral and social sciences, including methodolo16 gies that control for self-selection, where fea17 sible.

18 (B) ANALYSIS.—Such evaluations may in19 clude cost benefit analyses of programs, and

20 analyses of the impact of the programs on par21 ticipants and the community, the extent to

22 which programs meet the needs of various de23 mographic groups, and the effectiveness of the

24 delivery systems used by the various programs.
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1 (C) EFFECTIVENESS.—The Secretary shall

2 evaluate the effectiveness of programs author3 ized under this title with respect to—

4 (i) the statutory goals;

5 (ii) the performance standards estab6 lished by the Secretary; and

7 (iii) the extent to which such pro8 grams enhance the employment and earn9 ings of participants, reduce income support

10 costs, improve the employment com11 petencies of participants in comparison to

12 comparable persons who did not partici13 pate in such programs, and, to the extent

14 feasible, increase the level of total employ15 ment over the level that would have existed

16 in the absence of such programs.

17 (b) RESEARCH.—

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

19 a program of research relating to addressing eco20 nomic dislocation, facilitating the transition of per21 manently laid off workers to reemployment, and up22 grading the skills of employed workers.

23 (2) MASS LAYOFF REPORT.—The Secretary

24 shall develop and maintain statistical data relating

25 to permanent layoffs and plant closings. The Sec-
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1 retary shall publish a report based upon such data,

2 as soon as practicable, after the end of each cal3 endar year. Among the data to be included are—

4 (A) the number of such closings;

5 (B) the number of workers displaced;

6 (C) the location of the affected facilities;

7 and

8 (D) the types of industries involved.

9 (c) DEMONSTRATIONS.—

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

11 a program of demonstration projects to develop and

12 improve the methods for addressing economic dis13 location and promoting worker adjustment. Such

14 program may include projects that—

15 (A) provide services to upgrade the skills

16 of employed workers who are at risk of being

17 permanently laid off; and

18 (B) assist in retraining employed workers

19 in new technologies and work processes that

20 will facilitate the conversion or restructuring of

21 businesses into high performance work organi22 zations and avert plant closings or substantial

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

2 conducted under this subsection 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 pursuant to this subsection.

7 SEC. 134. CAPACITY BUILDING AND TECHNICAL ASSIST8 ANCE.

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

10 through grants, contracts, or other arrangements, staff

11 training and technical assistance to States, substate

12 grantees, career centers, communities, business and labor

13 organizations, service providers, industry consortia, and

14 other entities, to enhance their capacity to develop and

15 deliver effective adjustment assistance services to workers

16 and to avert plant closings or substantial layoffs. Such as17 sistance may include the development of management in18 formation systems, customized training programs, and the

19 dissemination of computer-accessed learning systems.

20 (b) COORDINATION.—The Secretary shall integrate

21 the activities carried out pursuant to subsection (a) with

22 the activities of the Capacity Building and Information

23 and Dissemination Network established under section 453

24 of the Job Training Partnership Act.
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1 SEC. 135. FEDERAL BYPASS AUTHORITY.

2 In the event that any State chooses not to participate

3 in the program authorized under this title, the Secretary

4 shall use the amount that would be allotted to such State

5 under section 101(b) to provide for the delivery in that

6 State of the programs, activities, and services authorized

7 under this title until such time as such State chooses to

8 participate in the program.

9 PART C—PERFORMANCE STANDARDS AND

10 QUALITY ASSURANCE SYSTEMS

11 SEC. 151. CUSTOMER SERVICE COMPACT.

12 The Secretary shall establish a process within each

13 State, which shall include an annual meeting, to promote

14 the development of a customer service compact among the

15 parties administering the programs under this title. Such

16 compact shall include an informal agreement between the

17 Secretary, Governor, each substate grantee, and each ca18 reer center relating to—

19 (1) the shared goals and values that will govern

20 the administration of the program;

21 (2) the respective roles and responsibilities of

22 each party in enhancing the provision of services to

23 participants, including ensuring that such services

24 are tailored to the particular needs of participants in

25 each local area;
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1 (3) methods for ensuring that the satisfaction

2 of participants with the services received is a pri3 mary consideration in the administration of the pro4 gram; and

5 (4) such other matters as the parties determine

6 are appropriate.

7 SEC. 152. PERFORMANCE STANDARDS.

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

9 with the Secretary of Education, Governors, substate

10 grantees, and career centers, shall prescribe performance

11 standards relating separately to the substate grantees and

12 the career centers established under this title. Such stand13 ards shall be based on factors the Secretary determines

14 are appropriate, which may include—

15 (1) placement, retention and earnings of par16 ticipants in unsubsidized employment, including—

17 (A) earnings at six months or more after

18 termination from the program, and

19 (B) comparability of wages at a specified

20 period after termination from the program with

21 wages prior to participation in the program;

22 (2) acquisition of skills pursuant to a skill

23 standards and skill certification system endorsed by

24 the National Skill Standards Board established

25 under the Goals 2000: Educate America Act;
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1 (3) satisfaction of participants and employers

2 with services provided and employment outcomes;

3 and

4 (4) the quality of services provided to hard-to5 serve populations, such as low income individuals

6 and older workers.

7 (b) ADJUSTMENTS.—Each Governor shall, within pa8 rameters established by the Secretary and after consulta9 tion with substate grantees and career centers, prescribe

10 adjustments to the performance standards prescribed

11 under section (a) for the substate grantees and career cen12 ters established in the State based on—

13 (1) specific economic, geographic and demo14 graphic factors in the State and in substate areas

15 within the State; and

16 (2) the characteristics of the population to be

17 served, including the demonstrated difficulties in

18 serving special populations.

19 (c) FAILURE TO MEET STANDARDS.—

20 (1) UNIFORM CRITERIA.—The Secretary shall

21 establish uniform criteria for determining whether a

22 substate grantee or career center fails to meet per23 formance standards under this section. Such criteria

24 may not be modified more than once every two

25 years.
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1 (2) TECHNICAL ASSISTANCE.—The governor

2 shall provide technical assistance to substate grant3 ees and career centers failing to meet performance

4 standards under the uniform criteria established

5 under paragraph (1).

6 (3) REPORT ON PERFORMANCE.—Each Gov7 ernor shall include in an annual report to the Sec8 retary the final performance standards and perform9 ance for each substate grantee and career center

10 within the State, along with the technical assistance

11 planned and provided as required under paragraph

12 (2).

13 (4) REDESIGNATION.—If a substate grantee or

14 career center continues to fail to meet such perform15 ance standards for two consecutive program years,

16 the Governor shall notify the Secretary and the sub17 state grantee or career center of the continued fail18 ure, and shall—

19 (A) in the case of a substate grantee, ter20 minate the grant agreement and designate an21 other entity as the substate grantee consistent

22 with the procedures described in section

23 117(b)(2); and

24 (B) in the case of a career center, direct

25 the substate grantee to terminate the agree-
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1 ment to operate such center and to select an2 other entity as a career center in accordance

3 with the requirements of section 118.

4 (5) APPEAL.—A substate grantee or career cen5 ter that is the subject of a redesignation under para6 graph (4) may, within thirty days after receiving no7 tice thereof, appeal to the Secretary of Labor to re8 scind such action. The Secretary of Labor shall issue

9 a decision on the appeal within thirty days of its re10 ceipt.

11 (d) INCENTIVE GRANTS.—From the funds reserved

12 pursuant to section 101(c)(1), the Governor of each State

13 shall award incentive grants to the substate grantees and

14 career centers in the State exceeding performance stand15 ards established under this section. Such grants shall be

16 used by the substate grantees and career centers to en17 hance or expand the services provided under this title.

18 SEC. 153. CUSTOMER FEEDBACK.

19 (a) METHODS.—Each substate grantee shall estab20 lish methods for obtaining, on a regular basis, information

21 from eligible individuals and employers who have received

22 services through a career center regarding the effective23 ness and quality of such services and of service providers.

24 Such methods may include the use of surveys, interviews,

25 and focus groups.
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1 (b) ANALYSIS AND DISSEMINATION.—Each substate

2 grantee shall analyze the information obtained pursuant

3 to subsection (a) on a regular basis and provide a sum4 mary of such information accompanied by such analysis

5 to the career center for use in improving the administra6 tion of the programs under this title and assisting partici7 pants in choosing from among eligible service providers.

8 SEC. 154. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF

9 EDUCATION AND TRAINING SERVICES.

10 (a) ELIGIBILITY REQUIREMENTS.—A provider of

11 education and training services shall be eligible to receive

12 funds under this title if such provider—

13 (1) is either—

14 (A) eligible to participate in title IV of the

15 Higher Education Act of 1965, or

16 (B) determined to be eligible under the

17 procedures described in subsection (b); and

18 (2) provides the performance-based information

19 required pursuant to subsection (c).

20 (b) ALTERNATIVE ELIGIBILITY PROCEDURE.—(1)

21 The Governor shall establish an alternative eligibility pro22 cedure for providers of education and training services in

23 such State desiring to receive funds under this title but

24 that are not eligible to participate in title IV of the Higher

25 Education Act of 1965. Such procedure shall establish
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1 minimum acceptable levels of performance for such provid2 ers based on factors and guidelines developed by the Sec3 retary, after consultation with the Secretary of Education.

4 Such factors shall be comparable in rigor and scope to

5 those provisions of part H of such title of such Act that

6 are used to determine an institution of higher education’s

7 eligibility to participate in programs under such title as

8 are appropriate to the type of provider seeking eligibility

9 under this subsection and the nature of the education and

10 training services to be provided.

11 (2) Notwithstanding paragraph (1), if the participa12 tion of an institution of higher education in any of the

13 programs under such title of such Act is terminated, such

14 institution shall not be eligible to receive funds under this

15 Act for a period of two years.

16 (c) PERFORMANCE-BASED INFORMATION.—

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

18 with the Secretary of Education, shall identify per19 formance-based information that is to be submitted

20 by providers of services desiring to be eligible under

21 this section. Such information may include informa22 tion relating to—

23 (A) the percentage of students completing

24 the programs conducted by the provider,
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1 (B) the rates of licensure of graduates of

2 the programs conducted by the provider,

3 (C) the percentage of graduates of the pro4 grams meeting skill standards and certification

5 requirements endorsed by the National Skill

6 Standards Board established under the Goals

7 2000: Educate America Act,

8 (D) the rates of placement and retention in

9 employment, and earnings of the graduates of

10 the programs conducted by the provider,

11 (E) the percentage of students who ob12 tained employment in an occupation related to

13 the program conducted by the provider, and

14 (F) the warranties or guarantees provided

15 by such provider relating to the skill levels or

16 employment to be attained by students.

17 (2) ADDITIONS.—The Governor may, pursuant

18 to the approval of the Secretary, prescribe additional

19 performance-based information that shall be submit20 ted by providers pursuant to this subsection.

21 (d) ADMINISTRATION.—

22 (1) STATE AGENCY.—The Governor shall des23 ignate a State agency to collect, verify, and dissemi24 nate the performance-based information submitted

25 pursuant to paragraph (1).
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1 (2) APPLICATION.—A provider of education and

2 training services that desires to be eligible to receive

3 funds under this title shall submit the information

4 required under subsection (b) to the State agency

5 designated under paragraph (1) at such time and in

6 such form as such State agency may require.

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

8 agency shall compile a list of eligible providers, ac9 companied by the performance-based information

10 submitted, and disseminate such list and informa11 tion to the substate entities and career centers with12 in the State.

13 (4) ACCURACY OF INFORMATION.—

14 (A) IN GENERAL.—If the State agency de15 termines that information concerning a provider

16 is inaccurate, such provider shall be disqualified

17 from receiving funds under this title for a pe18 riod of two years, unless such provider can

19 demonstrate to the satisfaction of the Governor

20 or his or her designee, that the information was

21 provided in good faith.

22 (B) APPEAL.—The Governor shall estab23 lish a procedure for a service provider to appeal

24 a determination by a State agency that results

25 in a disqualification under subparagraph (A).
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1 Such procedure shall provide an opportunity for

2 a hearing and prescribe appropriate time limits

3 to ensure prompt resolution of the appeal.

4 (5) ASSISTANCE IN DEVELOPING INFORMA5 TION.—The State agency established pursuant to

6 paragraph (1) may provide technical assistance to

7 education and training providers in developing the

8 information required under subsection (b). Such as9 sistance may include facilitating the utilization of

10 State administrative records, such as unemployment

11 compensation wage records, and other appropriate

12 coordination activities.

13 (6) CONSULTATION.—The Secretary shall con14 sult with the Secretary of Education regarding the

15 eligibility of institutions of higher education or other

16 providers of education and training to participate in

17 programs under this Act or under title IV of the

18 Higher Education Act of 1965.

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

20 (1) IN GENERAL.—Providers of on-the-job

21 training shall not be subject to the requirements of

22 subsections (a), (b), and (c).

23 (2) COLLECTION AND DISSEMINATION OF IN24 FORMATION.—The substate grantee shall collect

25 such performance-based information from on-the-job
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1 training providers as the Secretary may require, and

2 shall disseminate such information to the career cen3 ters.

4 PART D—GENERAL REQUIREMENTS

5 SEC. 161. GENERAL REQUIREMENTS.

6 Except as otherwise provided, the following condi7 tions are applicable to all programs under this title:

8 (a) PROHIBITION ON INDUCING RELOCATION OF

9 ESTABLISHMENTS.—

10 (1) No funds provided under this title shall

11 be used or proposed for use to encourage or in12 duce the relocation, of an establishment or part

13 thereof, that results in a loss of employment for

14 any employee of such establishment at the

15 original location.

16 (2) No funds provided under this title shall

17 be used for customized or skill training, on-the18 job training, or company specific assessments of

19 job applicants or employees, for any establish20 ment or part thereof, that has relocated, until

21 120 days after the date on which such estab22 lishment commences operations at the new loca23 tion, if the relocation of such establishment or

24 part thereof, results in a loss of employment for
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1 any employee of such establishment at the

2 original location.

3 (3) If a violation of paragraph (1) or (2)

4 is alleged, the Secretary shall conduct an inves5 tigation to determine whether a violation has

6 occurred.

7 (4) If the Secretary determines that a vio8 lation of paragraph (1) or (2) has occurred, the

9 Secretary shall require the State, substate area,

10 or substate grantee that has violated paragraph

11 (1) or (2) to—

12 (A) repay to the United States an

13 amount equal to the amount expended in

14 violation of paragraph (1) or (2), in ac15 cordance with subsections (d) or (e) of sec16 tion 174; and

17 (B) pay an additional amount equal to

18 the amount required to be repaid under

19 subparagraph (A), unless the State or sub20 state grantee demonstrates to the Sec21 retary that it neither knew nor reasonably

22 could have known (after an inquiry under23 taken with due diligence) provided funds in

24 violation of paragraph (1) or (2).
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1 (5) Amounts received under paragraph

2 (4)(B) shall be deposited in a special account in

3 the Treasury for use by the Secretary for carry4 ing out this title.

5 (b) SPECIAL PROGRAMS.—Efforts shall be made

6 to develop programs under this title which contrib7 ute to occupational development, upward mobility,

8 development of new careers, and overcoming sex9 stereotyping in occupations traditional for the other

10 sex.

11 (c) JOINT SUBSTATE AGREEMENTS.—Any sub12 state grantee may enter into an agreement or con13 tract with another substate grantee to pay or share

14 the cost of educating, training, or placing individuals

15 participating in programs assisted under this Act,

16 including the provision of supportive services.

17 (d) ON-THE-JOB TRAINING.—(1) Payments to

18 employers for on-the-job training under this title

19 shall not, during the period of such training, average

20 more than 50 percent of the wages paid by the em21 ployer to such participants, and payments in such

22 amount shall be deemed to be in compensation for

23 the extraordinary costs associated with training par24 ticipants under this title and in compensation for the
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1 costs associated with the lower productivity of such

2 participants.

3 (2) On-the-job training authorized under this

4 title for a participant shall be limited in duration to

5 a period not in excess of that generally required for

6 acquisition of skills needed for the position within a

7 particular occupation, but in no event shall exceed 6

8 months, unless the total number of hours of such

9 training is less than 500 hours. In determining the

10 period generally required for acquisition of the skills,

11 consideration shall be given to recognized reference

12 material (such as the Dictionary of Occupational Ti13 tles), the content of the training of the participant,

14 the prior work experience of the participant, and the

15 reemployment plan of the participant.

16 (3)(A) Each on-the-job training contract

17 shall—

18 (i) specify the types and duration of on19 the-job training and the other services to be

20 provided in sufficient detail to allow for a fair

21 analysis of the reasonableness of proposed

22 costs; and

23 (ii) comply with the applicable require24 ments of section 174.
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1 (B) Each on-the-job training contract that is

2 not directly contracted by a substate grantee with an

3 employer (but instead is contracted through an

4 intermediary brokering contractor) shall, in addition

5 to meeting the requirements of subparagraph (A),

6 specify the outreach, recruitment, participant train7 ing, counseling, placement, monitoring, followup,

8 and other services to be provided directly by the

9 brokering contractor within its own organization, the

10 services to be provided by the employers conducting

11 the on-the-job training, and the services to be pro12 vided, with or without cost, by other agencies and

13 subcontractors.

14 (C) If a brokering contractor enters into a con15 tract with a subcontractor to provide training or

16 other services, the brokering contractor shall ensure,

17 through on-site monitoring, compliance with the sub18 contract terms prior to making payment to the sub19 contractor.

20 (4) In accordance with regulations issued by the

21 Secretary, on-the-job training contracts under this

22 title shall not be entered into with employers who

23 have received payments under previous contracts

24 and have exhibited a pattern of failing to provide on25 the-job training participants with continued long-
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1 term employment as regular employees with wages

2 and employment benefits (including health benefits)

3 and working conditions at the same level and to the

4 same extent as other employees working a similar

5 length of time and doing the same type of work.

6 (e) PROHIBITION ON FEES.—No person or or7 ganization may charge an individual a fee for the

8 placement or referral of such individual in or to a

9 training program under this title.

10 (f) PROHIBITION ON SUBSIDIZED EMPLOY11 MENT.—No funds may be provided under this Act

12 for any subsidized employment with any private for13 profit employer.

14 (g) RETENTION OF PROGRAM INCOME.—

15 (1) income under any program under this

16 title administered by a public or private non17 profit entity may be retained by such entity

18 only if used to continue to carry out the pro19 gram.

20 (2) Income subject to the requirements of

21 paragraph (1) shall include—

22 (A) receipts from goods or services

23 (including conferences) provided as a result

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

3 the costs associated with the services pro4 vided; and

5 (C) interest income earned on funds

6 received under this title.

7 (3) For the purposes of this subsection,

8 each entity receiving financial assistance under

9 this title shall maintain records sufficient to de10 termine the amount of income received and the

11 purposes for which such income is expended.

12 (h) NOTIFICATION AND CONSULTATION RE13 QUIREMENTS.—The Secretary shall notify the Gov14 ernor and the appropriate chief elected officials of,

15 and consult with the Governor and such officials

16 concerning, any activity to be funded by the Sec17 retary under this title within the State or substate

18 area; and the Governor shall notify the appropriate

19 chief elected officials of, and consult with such con20 cerning, any activity to be funded by the Governor

21 under this title within the substate area.

22 (i) COOPERATIVE AGREEMENTS BETWEEN

23 STATES.—In the event that compliance with provi24 sions of this title would be enhanced by cooperative

25 agreements between States, the consent of Congress
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1 is hereby given to such States to enter into such

2 compacts and agreements to facilitate such compli3 ance, subject to the approval of the Secretary.

4 (j) PUBLIC SERVICE EMPLOYMENT PROHIBI5 TION.—Except as provided in section 132, no funds

6 available under this title may be used for public

7 service employment.

8 (k) PROHIBITION ON EMPLOYMENT GENERAT9 ING AND RELATED ACTIVITIES.—Except for funds

10 available to the Secretary to carry out section 132,

11 no funds available under this Act shall be used for

12 employment generating activities, economic develop13 ment activities, investment in revolving loan funds,

14 capitalization of businesses, investment in contract

15 bidding resource centers, and similar activities, or

16 for foreign travel.

17 (l) PROPERTY.—The Federal requirements gov18 erning the title, use, and disposition of real property,

19 equipment, and supplies purchased with funds pro20 vided under this Act shall be the Federal require21 ments generally applicable to Federal grants to

22 States and local governments.
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1 SEC. 162. BENEFITS.

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

3 this title, the following provisions shall apply to all activi4 ties financed under this title:

5 (1) A participant under this title shall receive

6 no payments for training activities in which the par7 ticipant fails to participate without good cause.

8 (2) Individuals in on-the-job training shall be

9 compensated by the employer at the same rates, in10 cluding periodic increases, as similarly situated em11 ployees or trainees and in accordance with applicable

12 law, but in no event less than the higher of the rate

13 specified in section 6(a)(1) of the Fair Labor Stand14 ards Act of 1938 or the applicable State or local

15 minimum wage law.

16 (3) Individuals employed in activities authorized

17 under this title shall be paid wages which shall not

18 be less than the highest of (A) the minimum wage

19 under section 6(a)(1) of the Fair Labor Standards

20 Act of 1938, (B) the minimum wage under the ap21 plicable State or local minimum wage law, or (C) the

22 prevailing rates of pay for individuals employed in

23 similar occupations by the same employer.

24 (4) References in paragraphs (2) and (3) to section

25 6(a)(1) of the Fair Labor Standards Act of 1938 (29

26 U.S.C. 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, except for payments under section 119(e), shall

14 not be considered as income for the purposes of determin15 ing eligibility for and the amount of income transfer and

16 in-kind aid furnished under any Federal or federally as17 sisted program based on need, other than as provided

18 under the Social Security Act.

19 SEC. 163. LABOR STANDARDS.

20 (a) IN GENERAL.—

21 (1) 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.
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1 (2) Health and safety standards established

2 under State and Federal law, otherwise applicable to

3 working conditions of employees, shall be equally ap4 plicable to working conditions of participants. With

5 respect to any participant in a program conducted

6 under this title who is engaged in activities which

7 are not covered by health and safety standards

8 under the Occupational Safety and Health Act of

9 1970, the Secretary shall prescribe, by regulation,

10 such standards as may be necessary to protect the

11 health and safety of such participants.

12 (3) To the extent that a State workers’ com13 pensation law is applicable, workers’ compensation

14 benefits in accordance with such law shall be avail15 able with respect to injuries suffered by participants.

16 To the extent that such law is not applicable, each

17 recipient of funds under this Act shall secure insur18 ance coverage for injuries suffered by such partici19 pants, in accordance with regulations prescribed by

20 the Secretary.

21 (4) All individuals employed in subsidized jobs

22 shall be provided benefits and working conditions at

23 the same level and to the same extent as other em24 ployees working a similar length of time and doing

25 the same type of work.
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1 (5) No funds available under this title may be

2 used for contributions on behalf of any participant

3 to retirement systems or plans.

4 (b) DISPLACEMENT.—

5 (1) No currently employed worker shall be dis6 placed by any participant (including partial displace7 ment such as a reduction in the hours of non8 overtime work, wages, or employment benefits).

9 (2) No program under this title shall impair—

10 (A) existing contracts for services; or

11 (B) existing collective bargaining agree12 ments, unless the employer and the labor orga13 nization concur in writing with respect to any

14 elements of the proposed activities which affect

15 such agreement, or either such party fails to re16 spond to written notification requesting its con17 currence within 30 days of receipt thereof.

18 (3) No participant shall be employed or job

19 opening filled (A) when any other individual is on

20 layoff from the same or any substantially equivalent

21 job, or (B) when the employer has terminated the

22 employment of any regular employee or otherwise re23 duced its workforce with the intention of filling the

24 vacancy so created by hiring a participant whose

25 wages are subsidized under this title.
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1 (4) No jobs shall be created in a promotional

2 line that will infringe in any way upon the pro3 motional opportunities of currently employed individ4 uals.

5 (c) ORGANIZED LABOR.—

6 (1) Each recipient of funds under this title shall

7 provide to the Secretary assurances that none of

8 such funds will be used to assist, promote, or deter

9 union organizing.

10 (2) Any program conducted with funds made

11 available under this title which will provide services

12 to members of a labor organization will be estab13 lished only after full consultation with such organi14 zation.

15 (3) Where a labor organization represents a

16 substantial number of employees who are engaged in

17 similar work or training in the same area as that

18 proposed to be funded under this title, an oppor19 tunity shall be provided for such organization to

20 submit comments with respect to such proposal.

21 (d) PREVAILING WAGES.—All laborers and mechan22 ics employed by contractors or subcontractors in any con23 struction, alteration, or repair, including painting and

24 decorating, of project, buildings, and works which are fed25 erally assisted under this title shall be paid wages at rates
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1 not less than those prevailing or similar construction in

2 the locality as determined by the Secretary in accordance

3 with the Act of March 3, 1921 (40 U.S.C. 276a–276a–

4 5), commonly known as the Davis-Bacon Act. The Sec5 retary shall have, with respect to such labor standards,

6 the authority and functions set forth in Reorganization

7 Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267)

8 and section 2 of the Act of June 1, 1934, as amended

9 (48 Stat. 948, as amended; 40 U.S.C. 276(c)). The provi10 sions of this subsection shall not apply to a bona fide par11 ticipant in a training program under this title. The provi12 sions of section 177(a)(4) shall apply to such trainees.

13 SEC. 164. GRIEVANCE PROCEDURE

14 (a) IN GENERAL.—Each substate grantee, career

15 center, contractor, and grantee under this Act shall estab16 lish and maintain a grievance procedure for grievances or

17 complaints about its programs and activities from partici18 pants, subgrantees, subcontractors, and other interested

19 persons. Hearings on any grievance shall be conducted

20 within 30 days of filing of a grievance and decisions shall

21 be made not later than 60 days after the filing of a griev22 ance. Except for complaints alleging fraud or criminal ac23 tivity, complaints shall be made within one year of the al24 leged occurrence.
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1 (b) GRIEVANCE PROCEDURE FOR EMPLOYEES OF

2 PARTICIPANTS.—Each recipient of financial assistance

3 under this title which is an employer of participants under

4 this title shall continue to operate or establish and main5 tain a grievance procedure relating to the terms and condi6 tions of employment.

7 (c) EXHAUSTION OF GRIEVANCE PROCEDURE.—

8 Upon exhaustion of the recipient’s grievance procedure

9 without decision, or where the Secretary has reason to be10 lieve that the recipient is failing to comply with the re11 quirements of this title, the Secretary shall investigate the

12 allegation or belief and determine within 120 days after

13 receiving the complaint whether such allegation or com14 plaint is true.

15 (d) INVESTIGATION BY SECRETARY.—

16 (1) If a person alleges a violation of section 163

17 and such person exhausts the recipient’s grievance

18 procedure or the 60-day time period described in

19 subsection (a) has elapsed without a decision, either

20 party to such procedure may submit the grievance to

21 the Secretary. The Secretary shall investigate the al22 legations contained in the grievance and make a de23 termination as to whether a violation of section 163

24 has occurred.
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1 (2) If the results of the investigation conducted

2 pursuant to paragraph (1) indicate that a modifica3 tion or reversal of the decision issued pursuant to

4 the recipient’s grievance procedure is warranted, or

5 the 60-day time period described in subsection (a)

6 has elapsed without a decision, the Secretary may

7 modify or reverse the decision, or issue a decision if

8 no decision has been issued, as the case may be,

9 after an opportunity for a hearing in accordance

10 with the procedures under section 176.

11 (3) If the Secretary determines that the deci12 sion issued pursuant to the recipient’s grievance pro13 cedure is appropriate, the determination shall be14 come the final decision of the Secretary.

15 (e) BINDING GRIEVANCE PROCEDURE.—

16 (1) A person alleging a violation of section 163

17 may, as an alternative to the procedures described in

18 this section, submit the grievance involving such vio19 lation to a binding grievance procedure if a collective

20 bargaining agreement covering the parties to the

21 grievance so provides.

22 (2) The remedies available under paragraph (1)

23 shall be limited to the remedies available under sub24 section (f)(1)(C) and subsection (f)(2).

25 (f) REMEDIES AVAILABLE TO GRIEVANTS.—
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1 (1) Except as provided in paragraph (2), rem2 edies available to grievants under this section for

3 violations of section 163 shall be limited to—

4 (A) suspension or termination of payments

5 under this Act;

6 (B) prohibition of placement of a partici7 pant, for an appropriate period of time, in a

8 program under this Act with an employer that

9 has violated section 163, as determined under

10 subsection (d) or (e); and

11 (C) appropriate equitable relief (other than

12 back pay).

13 (2) In addition to the remedies available under

14 paragraph (1), remedies available under this section

15 for violations of subsection (a)(4), paragraphs (1)

16 and (3) of subsection (b), and subsection (d) of sec17 tion 163 may include—

18 (A) reinstatement of the grievant to the

19 position held by such grievant prior to displace20 ment;

21 (B) payment of lost wages and benefits;

22 and

23 (C) reestablishment of other relevant

24 terms, conditions, and privileges of employment.
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1 (g) REMEDIES UNDER OTHER LAWS.—Nothing in

2 subsection (f) shall be construed to prohibit a grievant

3 from pursuing a remedy authorized under another Fed4 eral, State, or local law for a violation of section 163.

5 PART E—FISCAL ADMINISTRATIVE PROVISIONS

6 SEC. 171. PROGRAM YEAR.

7 (a) OBLIGATION OF FUNDS.—Beginning with fiscal

8 year 1995 and thereafter, appropriations for any fiscal

9 year for programs and activities under this title shall be

10 available for obligation only on the basis of a program

11 year. The program year shall begin on July 1 in the fiscal

12 year for which the appropriation is made.

13 (b) EXPENDITURE OF OBLIGATED FUNDS.—Funds

14 obligated for any program year may be expended by each

15 recipient during that program year and the two succeeding

16 program years.

17 SEC. 172. PROMPT ALLOCATION OF FUNDS.

18 (a) PUBLICATION OF FORMULA ALLOCATIONS AND

19 ALLOTMENTS.—Whenever the Secretary allots and allo20 cates funds required to be allotted or allocated by formula

21 under this title, the Secretary shall publish in a timely

22 fashion in the Federal Register the proposed amount to

23 be distributed to each recipient.

24 (b) PUBLICATION OF DISCRETIONARY ALLOCATION

25 FORMULA.—Whenever the Secretary utilizes a formula to
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1 allot or allocate funds made available for distribution at

2 the Secretary’s discretion under this Act, the Secretary

3 shall, not later than 30 days prior to such allotment or

4 allocation, publish such formula in the Federal Register

5 for comments along with the rationale for the formula and

6 the proposed amounts to be distributed to each State and

7 area. After consideration of any comments received, the

8 Secretary shall publish final allotments and allocations in

9 the Federal Register.

10 SEC. 173. MONITORING.

11 (a) IN GENERAL.—The Secretary is authorized to

12 monitor all recipients of financial assistance under this

13 title to determine whether they are complying with the

14 provisions of this title and the regulations issued under

15 this title.

16 (b) INVESTIGATIONS.—The Secretary may inves17 tigate any matter the Secretary deems necessary to deter18 mine compliance with this title and regulations issued

19 under this title. The investigations authorized by this sub20 section may include examining records (including making

21 certified copies thereof), questioning employees, and enter22 ing any premises or onto any site in which any part of

23 a program of a recipient is conducted or in which any of

24 the records of the recipient are kept.
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1 (c) WITNESSES AND DOCUMENTS.—For the purpose

2 of any investigation or hearing under this Act, the provi3 sions of section 9 of the Federal Trade Commission Act

4 (15 U.S.C. 49) (relating to the attendance of witnesses

5 and the production of books, papers, and documents) are

6 made applicable to the Secretary.

7 SEC. 174. FISCAL CONTROLS; SANCTIONS.

8 (a) IN GENERAL.—

9 (1) Each State shall establish such fiscal con10 trol and fund accounting procedures as may be nec11 essary to assure the proper disbursal of, and ac12 counting for, Federal funds paid to the recipient

13 under this title. Such procedures shall ensure that

14 all financial transactions are conducted and records

15 maintained in accordance with generally accepted ac16 counting principles applicable in each State.

17 (2) The Secretary shall prescribe regulations es18 tablishing uniform cost principles substantially

19 equivalent to such principles generally applicable to

20 recipients of Federal grants funds. At a minimum,

21 such standard shall provide that, to be allowable,

22 costs must—

23 (A) be necessary and reasonable for proper

24 and efficient administration of the program

25 under this title;
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1 (B) be allocable to the program under this

2 title; and

3 (C) not be a general expense required to

4 carry out the overall responsibilities of State or

5 local governments except as specifically pro6 vided by this title.

7 (3) The governor, in accordance with minimum

8 requirements established by the Secretary in regula9 tions, shall prescribe and implement procurement

10 standards to ensure fiscal accountability and prevent

11 fraud and abuse in programs administered under

12 this title. The Secretary, in establishing such mini13 mum requirements, shall consult with the Inspector

14 General of the Department of Labor and take into

15 consideration relevant aspects of the circulars issued

16 by the Director of the Office of Management and

17 Budget. Such minimum requirements shall include

18 provisions to ensure that for States, substate areas,

19 and career centers—

20 (A) procurements shall be conducted in a

21 manner providing full and open competition;

22 (B) the use of sole source procurements

23 shall be minimized to the extent practicable, but

24 in every case shall be justified;
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1 (C) procurements shall include an appro2 priate analysis of the reasonableness of costs

3 and prices;

4 (D) procurements shall not provide excess

5 program income (for nonprofit and government

6 entities) or excess profit (for private for-profit

7 entities), and that appropriate factors shall be

8 utilized in determining whether such income or

9 profit is excessive, such as—

10 (i) the complexity of the work to be

11 performed;

12 (ii) the risk borne by the contractor;

13 and

14 (iii) market conditions in the sur15 rounding geographical area;

16 (E) procurements shall clearly specify de17 liverable and the basis for payment;

18 (F) written procedures shall be established

19 for procurement transactions;

20 (G) no grantee, contractor, subgrantee, or

21 subcontractor shall engage in any conflict of in22 terest, actual or apparent, in the selection,

23 award, or administration of a contract or grant

24 under this title;
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1 (H) all grantees and subgrantees shall con2 duct oversight to ensure compliance with pro3 curement standards; and

4 (I) procurement transactions between units

5 of State or local governments, shall be con6 ducted on a cost reimbursable basis.

7 (4) The Governor shall annually conduct on-site

8 monitoring of each substate grantee within the State

9 to ensure compliance with the procurement stand10 ards established pursuant to paragraph (3).

11 (5) If the Governor determines that a substate

12 grantee area is not in compliance with the procure13 ment standards established pursuant to paragraph

14 (3), the Governor shall—

15 (A) require corrective action to secure

16 prompt compliance; and

17 (B) impose the sanctions provided under

18 subsection (b) in the event of failure to take the

19 required corrective action.

20 (6) The Governor shall biennially certify to the

21 Secretary that—

22 (A) the State has implemented the pro23 curement standards established under para24 graph (3);
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1 (B) the State has monitored substate

2 grantees to ensure compliance with the procure3 ment standards as required under paragraph

4 (4); and

5 (C) the State has taken appropriate action

6 to secure compliance pursuant to paragraph

7 (5).

8 (7) If the Secretary determines that the Gov9 ernor has not fulfilled the requirements of this sub10 section, the Secretary shall—

11 (A) require corrective action to secure

12 prompt compliance; and

13 (B) impose the sanctions provided under

14 subsection (f) in the event of failure of the Gov15 ernor to take the required corrective action.

16 (b) SUBSTANTIAL VIOLATIONS.—

17 (1) If, as a result of financial and compliance

18 audits or otherwise, the Governor determines that

19 there is a substantial violation of a specific provision

20 of this title or the regulations under this title, and

21 corrective action has not been taken, the Governor

22 shall impose a reorganization plan, which may in23 clude—

24 (A) redesignating the substate grantee;
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1 (B) prohibiting the use of designated serv2 ice providers;

3 (C) merging the substate area into 1 or

4 more other existing substate areas; or

5 (D) other such changes as the Secretary or

6 Governor determines necessary to secure com7 pliance.

8 (2)(A) The actions taken by the Governor pur9 suant to paragraph (1)(A) may be appealed to the

10 Secretary and shall not become effective until—

11 (i) the time for appeal has expired; or

12 (ii) the Secretary has issued a decision.

13 (B) The actions taken by the Governor pursu14 ant to paragraph (1)(B) may be appealed to the

15 Secretary, who shall make a final decision not later

16 than 60 days of the receipt of the appeal.

17 (3) If the Governor fails to promptly take the

18 actions required under paragraph (1), the Secretary

19 shall take such actions.

20 (c) REPAYMENT OF FUNDS.—Every recipient shall

21 repay to the United States amounts found not to have

22 been expended in accordance with this title. The Secretary

23 may offset such amounts against any other amount to

24 which the recipient is or may be entitled under this Act

25 unless the Secretary determines that such recipient should
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1 be held liable pursuant to subsection (d). No such action

2 shall be taken except after notice and opportunity for a

3 hearing have been given to the recipient.

4 (d) LIABILITY FOR REPAYMENT OF FUNDS.—

5 (1) Each recipient shall be liable to repay such

6 amounts, from funds other than funds received

7 under this title, upon a determination that the

8 misexpenditures of funds was due to willful dis9 regard of the requirements of this title, gross neg10 ligence, or failure to observe accepted standards of

11 administration. No such finding shall be made ex12 cept after notice and opportunity for a fair hearing.

13 (2) In determining whether to impose any sanc14 tion authorized by this section against a recipient for

15 violations by a subgrantee of such recipient under

16 this title or the regulations under this title, the Sec17 retary shall first determine whether such recipient

18 has adequately demonstrated that it has—

19 (A) established and adhered to an appro20 priate system for the award and monitoring of

21 contracts with subgrantees which contains ac22 ceptable standards for ensuring accountability;

23 (B) entered into a written contract with

24 such subgrantee which established clear goals

25 and obligations in unambiguous terms;
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1 (C) acted with due diligence to monitor the

2 implementation of the subgrantee contract, in3 cluding the carrying out of the appropriate

4 monitoring activities (including audits) at rea5 sonable intervals; and

6 (D) taken prompt and appropriate correc7 tive action upon becoming aware of any evi8 dence of a violation of this Act or the regula9 tions under this Act by such subgrantee.

10 (3) If the Secretary determines that the recipi11 ent has demonstrated substantial compliance with

12 the requirements of paragraph (2), the Secretary

13 may waive the imposition of sanctions authorized by

14 this section upon such recipient. The Secretary is

15 authorized to impose any sanction consistent with

16 the provisions of this title and any applicable Fed17 eral or State law directly against any subgrantee for

18 violation of this Act or the regulations under this

19 Act.

20 (e) EMERGENCY TERMINATION OF FINANCIAL AS21 SISTANCE.—In emergency situations, if the Secretary de22 termines it is necessary to protect the integrity of the

23 funds or ensure the proper operation of the program, the

24 Secretary may immediately terminate or suspend financial

25 assistance, in whole or in part, if the recipient is given
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1 prompt notice and the opportunity for a subsequent hear2 ing within 30 days after such termination or suspension.

3 The Secretary shall not delegate any of the functions spec4 ified in this subsection, other than to an officer whose ap5 pointment was required to be made by and with the advice

6 and consent of the Senate.

7 (f) CORRECTIVE MEASURES.—If the Secretary deter8 mines that any recipient under this title has discharged

9 or in any other manner discriminated against a partici10 pant or against any individual in connection with the ad11 ministration of the program involved, or against any indi12 vidual because such individual has filed any complaint or

13 instituted or caused to be instituted any proceeding under

14 or related to this title, or has testified or is about to testify

15 in any such proceeding or investigation under or related

16 to this title, or otherwise unlawfully denied to any individ17 ual a benefit under the provisions of this title, or the Sec18 retary’s regulations, the Secretary shall, within thirty

19 days, take such action or order such corrective measures,

20 as necessary, with respect to the recipient or the aggrieved

21 individual, or both.

22 (g) REMEDIES NOT EXCLUSIVE.—The remedies

23 under this section shall not be construed to be exclusive

24 remedies.
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1 SEC. 175. REPORTS, RECORDKEEPING, AND INVESTIGA2 TIONS.

3 (a) RECORDS.—

4 (1) Recipients shall keep records that are suffi5 cient to permit the preparation of reports required

6 by this title and to permit the tracing of funds to

7 a level of expenditure adequate to insure that the

8 funds have not been spent unlawfully.

9 (2) Every recipient shall maintain such records

10 and submit such reports, in such form and contain11 ing such information, as the Secretary requires re12 garding the performance of its programs. Such

13 records and reports shall be submitted to the Sec14 retary but shall not be required to be submitted

15 more than once each quarter unless specifically re16 quested by the Congress or a committee thereof.

17 (3) In order to allow for the preparation of na18 tional estimates necessary to meet the requirements

19 of subsection (c), recipients shall maintain standard20 ized records for all individual participants and pro21 vide to the Secretary a sufficient number of such

22 records to provide for an adequate analysis.

23 (4)(A) Except as provided in subparagraph (B),

24 records maintained by recipients pursuant to this

25 subsection shall be made available to the public upon

26 request.
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1 (B) Subparagraph (A) shall not apply to—

2 (i) information, the disclosure of which

3 would constitute a clearly unwarranted invasion

4 of personal privacy; and

5 (ii) trade secrets, or commercial or finan6 cial information, obtained from a person and

7 privileged or confidential.

8 (C) Recipients may charge fees sufficient to re9 cover costs applicable to the processing of requests

10 for records under subparagraph (A).

11 (b) INVESTIGATIONS.—

12 (1)(A) In order to evaluate compliance with the

13 provisions of this title, the Secretary shall conduct,

14 in several States, in each fiscal year investigations of

15 the use of funds received by recipients under this

16 title.

17 (B) In order to insure compliance with the pro18 visions of this title, the Comptroller General of the

19 United States may conduct investigations of the use

20 of funds received under this title by any recipient.

21 (2) In conducting any investigation under this

22 title, the Secretary or the Comptroller General of the

23 United States may not request the compilation of

24 any new information not readily available to such re25 cipient.
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1 (3)(A) In carrying out any audit under this title

2 (other than any initial audit survey or any audit in3 vestigating possible criminal or fraudulent conduct),

4 either directly or through grant or contract, the Sec5 retary, the Inspector General, or the Comptroller

6 General shall furnish to the State, substate grantee,

7 recipient, or other entity to be audited, advance noti8 fication of the overall objectives and purposes of the

9 audit, and any extensive recordkeeping or data re10 quirements to be met, not fewer than 14 days (or as

11 soon as practicable), prior to the commencement of

12 the audit.

13 (B) If the scope, objectives, or purposes of the

14 audit change substantially during the course of the

15 audit, the entity being audited shall be notified of

16 the change as soon as practicable.

17 (C) The reports on the results of such audits

18 shall cite the law, regulation, policy, or other criteria

19 applicable to any finding.

20 (D) Nothing contained in this title shall be con21 strued so as to be inconsistent with the Inspector

22 General Act of 1978 (5 U.S.C. App.) or government

23 auditing standards issued by the Comptroller Gen24 eral.
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1 (c) RESPONSIBILITIES OF FUND RECIPIENTS.—Each

2 State, each substate grantee, each career center, and each

3 recipient (other than a subrecipient, grantee or contractor

4 of a recipient) receiving funds under this title shall—

5 (1) make readily accessible reports concerning

6 its operations and expenditures as shall be pre7 scribed by the Secretary;

8 (2) prescribe and maintain comparable manage9 ment information systems, in accordance with guide10 lines that shall be prescribed by the Secretary, de11 signed to facilitate the uniform compilation, cross

12 tabulation, and analysis of programmatic, partici13 pant, and financial data, on statewide and substate

14 area bases, necessary for reporting, monitoring, and

15 evaluating purposes, including data necessary to

16 comply with section 177; and

17 (3) monitor the performance of service provid18 ers in complying with the terms of grants, contracts,

19 or other agreements made pursuant to this Act.

20 (d) RETENTION OF RECORDS.—The Governor shall

21 ensure that requirements are established for retention of

22 all records pertinent to all grants awarded, and contracts

23 and agreements entered into, under this title, including

24 financial, statistical, property and participant records and

25 supporting documentation. For funds allotted to a State
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1 for any program year, records shall be retained for 2 years

2 following the date on which the annual expenditure report

3 containing the final expenditures charged to such program

4 year’s allotment is submitted to the Secretary. Records for

5 nonexpendable property shall be retained for a period of

6 3 years after final disposition of the property.

7 (e) FINANCIAL RECORDS.—Each State, substate

8 grantee, and career center shall maintain records with re9 spect to programs under this title that identify—

10 (1) any program income or profits earned, in11 cluding such income or profits earned by

12 subrecipients; and

13 (2) any costs incurred (such as stand-in costs)

14 that are otherwise allowable except for funding limi15 tations.

16 SEC. 176. ADMINISTRATIVE ADJUDICATION.

17 (a) IN GENERAL.—Whenever any applicant for finan18 cial assistance under this title is dissatisfied because the

19 Secretary has made a determination not to award financial

20 assistance in whole or in part to such applicant, the appli21 cant may request a hearing before an administrative law

22 judge of the Department of Labor. A similar hearing may

23 also be requested by any recipient upon whom a corrective

24 action or a sanction has been imposed by the Secretary.

25 Except to the extent provided for in section 161(b), sub-
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1 sections (d) and (e) of section 164, or section 177, all

2 other disputes arising under this title shall be adjudicated

3 under grievance procedures established by the recipient or

4 under applicable law other than this title.

5 (b) FINAL DECISIONS.—The decision of the adminis6 trative law judge shall constitute final action by the Sec7 retary unless, within 20 days after receipt of the decision

8 of the administrative law judge, a party dissatisfied with

9 the decision or any part thereof has filed exceptions with

10 the Secretary specifically identifying the procedure, fact,

11 law, or policy to which exception is taken. Any exception

12 not specifically urged shall be deemed to have been waived.

13 Thereafter the decision of the administrative law judge

14 shall become the final decision of the Secretary unless the

15 Secretary, within 30 days of such filing, has notified the

16 parties that the case has been accepted for review.

17 (c) DEADLINE FOR REVIEW.—Any case accepted for

18 review by the Secretary shall be decided within one hun19 dred and eighty days of such acceptance. If not so decided,

20 the decision of the administrative law judge shall become

21 the final decision of the Secretary.

22 (d) APPLICABLE PROVISIONS.—The provisions of

23 section 178 shall apply to any final action of the Secretary

24 under this section.
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1 SEC. 177. NONDISCRIMINATION.

2 (a) IN GENERAL.—

3 (1) For the purpose of applying the prohibitions

4 against discrimination on the basis of age under the

5 Age Discrimination Act of 1975, on the basis of dis6 ability under section 504 of the Rehabilitation Act,

7 on the basis of sex under title IX of the Education

8 Amendments of 1972, or on the basis of race, color,

9 or national origin under title VI of the Civil Rights

10 Act of 1964, programs and activities funded or oth11 erwise financially assisted in whole or in part under

12 this title are considered to be programs and activi13 ties receiving Federal financial assistance.

14 (2) No individual shall be excluded from partici15 pation in, denied the benefits of, subjected to dis16 crimination under, or denied employment in the ad17 ministration of or in connection with any such pro18 gram because of race, color, religion, sex, national

19 origin, age, political affiliation or belief, or status as

20 a qualified individual with disabilities.

21 (3) Participants shall not be employed on the

22 construction, operation, or maintenance of so much

23 of any facility as is used or to be used for sectarian

24 instruction or as a place for religious worship.

25 (4) With respect to terms and conditions affect26 ing, or rights provided to, individuals who are par-
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1 ticipants in activities supported by funds provided

2 under this title, such individuals shall not be dis3 criminated against solely because of their status as

4 such participants.

5 (5) Participation in programs and activities fi6 nancially assisted in whole or in part under this title

7 shall be open to citizens and nationals of the United

8 States, lawfully admitted permanent resident aliens,

9 lawfully admitted refugees and parolees, and other

10 individuals authorized by the Attorney General to

11 work in the United States.

12 (b) FAILURE TO COMPLY.—Whenever the Secretary

13 finds that a State or other recipient has failed to comply

14 with a provision of law referred to in subsection (a)(1),

15 with paragraph (2), (3), (4), or (5) of subsection (a), or

16 with an applicable regulation prescribed to carry out such

17 paragraphs, the Secretary shall notify such State or recipi18 ent and shall request it to comply. If within a reasonable

19 period of time, not to exceed sixty days, the State or recip20 ient fails or refuses to comply, the Secretary may—

21 (1) refer the matter to the Attorney General

22 with a recommendation that an appropriate civil ac23 tion be instituted;

24 (2) exercise the powers and functions provided

25 by title VI of the Civil Rights Act of 1964, the Age
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1 Discrimination Act of 1975, or section 504 of the

2 Rehabilitation Act, as may be applicable; or

3 (3) take such other action as may be provided

4 by law.

5 (c) REFERRAL TO ATTORNEY GENERAL.—When a

6 matter is referred to the Attorney General pursuant to

7 subsection (b)(1), or whenever the Attorney General has

8 reason to believe that a State or other recipient is engaged

9 in a pattern or practice in violation of a provision of law

10 referred to in subsection (a)(1) or in violation of para11 graph (2), (3), (4), or (5) of subsection (a), the Attorney

12 General may bring a civil action in any appropriate district

13 court of the United States for such relief as may be appro14 priate, including injunctive relief.

15 SEC. 178. JUDICIAL REVIEW.

16 (a) IN GENERAL.—

17 (1) With respect to any final order by the Sec18 retary under section 176 whereby the Secretary de19 termines to award, to not award, or to only condi20 tionally award, financial assistance, with respect to

21 any final order of the Secretary under section 176,

22 with respect to a corrective action or sanction im23 posed under section 174, any party to a proceeding

24 which resulted in such final order may obtain review

25 of such final order in the United States Court of Ap-
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1 peals having jurisdiction over the applicant or recipi2 ent of funds, by filing a review petition within 30

3 days of such final order.

4 (2) The clerk of the court shall transmit a copy

5 of the review petition to the Secretary, who shall file

6 the record upon which the final order was entered as

7 provided in section 2112 of title 28, United States

8 Code. Review petitions, unless ordered by the court,

9 shall not stay the Secretary’s order. Petitions under

10 this title shall be heard expeditiously, if possible

11 within ten days of the filing of a reply brief.

12 (3) No objection to the order of the Secretary

13 shall be considered by the court unless the objection

14 shall have been specifically and timely urged before

15 the Secretary. Review shall be limited to questions

16 of law and the Secretary’s findings of fact shall be

17 conclusive if supported by substantial evidence.

18 (b) JURISDICTION OF THE COURT.—The court shall

19 have jurisdiction to make and enter a decree affirming,

20 modifying, or setting aside the order of the Secretary in

21 whole or in part. The court’s judgment shall be final, sub22 ject to certiorari review by the Supreme Court of the

23 United States as provided in section 1254(1) of title 28,

24 United States Code.
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1 SEC. 179. ADMINISTRATIVE PROVISIONS.

2 (a) RULES AND REGULATIONS.—The Secretary may,

3 in accordance with chapter 5 of title 5, United States

4 Code, prescribe such rules and regulations (including per5 formance standards) as the Secretary deems necessary.

6 Such rules and regulations may include adjustments au7 thorized by section 204 of the Intergovernmental Coopera8 tion Act of 1968. All such rules and regulations shall be

9 published in the Federal Register at least thirty days prior

10 to their effective date. Copies of all such rules and regula11 tions shall be transmitted to the appropriate committees

12 of the Congress at the same time and shall contain, with

13 respect to each material provision of such rules and regu14 lations, citations to the particular substantive section of

15 law which is the basis therefor.

16 (b) GIFTS.—The Secretary is authorized, in carrying

17 out this title, to accept, purchase, or lease in the name

18 of the department, and employ or dispose of in furtherance

19 of the purposes of this title, any money or property, real,

20 personal, or mixed, tangible or intangible, received by gift,

21 devise, bequest, or otherwise, and to accept voluntary and

22 uncompensated services notwithstanding the provisions of

23 section 1342 of title 31, United States Code.

24 (c) AUTHORITY TO EXPEND FUNDS.—The Secretary

25 may make such grants, contracts, or agreements, establish

26 such procedures and make such payments, in installments
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1 and in advance or by way of reimbursement, or otherwise

2 allocate or expend funds under this title as necessary to

3 carry out this title, including (without regard to the provi4 sions of section 4774(d) of title 10, United States Code)

5 expenditures for construction, repairs, and capital im6 provements, and including necessary adjustments in pay7 ments on account of overpayments of underpayments.

8 (d) USE OF SERVICES AND FACILITIES.—The Sec9 retary is authorized, in carrying out this title, under the

10 same conditions applicable under section 179(c) or to the

11 extent permitted by law other than this title, to accept

12 and use the services and facilities of departments, agen13 cies, and establishments of the United States. The Sec14 retary is also authorized to accept and use the services

15 and facilities of the agencies of any State or political sub16 division of a State, with its consent.

17 (e) POLITICAL ACTIVITIES.—The Secretary shall not

18 provide financial assistance for any program under this

19 title which involves political activities.

20 SEC. 180. OBLIGATIONAL AUTHORITY.

21 Notwithstanding any other provision of this title, no

22 authority to enter into contracts or financial assistance

23 agreements under this title shall be effective except to

24 such extent or in such amount as are provided in advance

25 in appropriation Acts.
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1 SEC. 181. CRIMINAL PROVISIONS.

2 Section 665 of title 18, United States Code, is

3 amended by striking ‘‘or the Job Training Partnership

4 Act’’ each place it appears and inserting ’’, the Job Train5 ing Partnership Act, or title I of the Reemployment Act

6 of 1994.’’

7 SEC. 182. REFERENCES.

8 Effective on the date of enactment of this title, all

9 references in any other statute other than this Act, and

10 other than in section 665 of title 18, United States Code,

11 to the Job Training Partnership Act shall be deemed to

12 also refer to title I of the Reemployment Act of 1994.

13 PART F—MISCELLANEOUS PROVISIONS

14 SEC. 191. EFFECTIVE DATE.

15 This title shall take effect on July 1, 1995.

16 SEC. 192. REPEALERS.

17 (a) IN GENERAL.—The following programs shall ter18 minate on July 1, 1995:

19 (1) The program authorized pursuant to sec20 tions 301–324 of the Job Training Partnership Act,

21 commonly referred to as EDWAA.

22 (2) The program authorized under section 325

23 of such Act, commonly referred to as the Defense

24 Conversion Adjustment Program.
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1 (3) The program authorized under section

2 325A of such Act, commonly referred to as the De3 fense Diversification Program.

4 (4) The program authorized under section 326

5 of such Act, commonly referred to as the Clean Air

6 Employment Transition Assistance Program.

7 (b) ADDITIONAL PROGRAM.—Part J of title IV and

8 section 462(e) of the Job Training Partnership Act shall

9 terminate on July 1, 1995.

10 SEC. 193. TRANSITION.

11 The Secretary may establish such rules and proce12 dures as may be necessary to provide for the orderly tran13 sition from the programs described in section 192(a) to

14 the program authorized under this title.

15 TITLE II—ONE-STOP CAREER CENTER

16 SYSTEM

17 SEC. 201. STATEMENT OF PURPOSE.

18 It is the purpose of this title to—

19 (1) establish a national program of grants and

20 waivers of Federal statutory and regulatory require21 ments to provide the States with the opportunity, on

22 a voluntary basis, to develop and implement net23 works of one-stop career centers;
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1 (2) provide seed money to encourage the devel2 opment of a flexible, nationwide system of One-Stop

3 Career Centers;

4 (3) promote universal access, by individuals and

5 employers, to a comprehensive menu of quality em6 ployment, education and training information and

7 services;

8 (4) encourage a customer-centered approach to

9 the provision of services, including features to en10 hance customer choice and ensure that the satisfac11 tion of individuals with services received is a primary

12 consideration in the administration of the program;

13 (5) establish a governance structure composed

14 of State, local and Federal partners to ensure com15 mon goals, effective planning, service coordination

16 and oversight of Statewide One-Stop Career Center

17 networks; and

18 (6) provide the States and local areas with in19 creased flexibility in the administration of employ20 ment and training programs in exchange for greater

21 accountability for outcomes.
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1 PART A—COMPONENTS OF VOLUNTARY ONE2 STOP CAREER CENTER SYSTEM

3 SEC. 211. GENERAL REQUIREMENTS.

4 For purposes of receiving a grant or waiver under

5 this title (except as provided in section 233(b)(1)(A)), a

6 one-stop career center system shall include—

7 (1) the establishment and operation of a

8 workforce investment board in accordance with sec9 tion 212;

10 (2) the establishment of one-stop career centers

11 in accordance with the procedures described in sec12 tion 213;

13 (3) the provision of services through the one14 stop career centers in accordance with section 214;

15 (4) the participation of federal programs in ac16 cordance with section 215;

17 (5) agreements concerning the operation of the

18 one-stop career centers in accordance with section

19 216;

20 (6) quality assurance systems in accordance

21 with section 217; and

22 (7) the establishment and operation of a State

23 Human Resource Investment Council in accordance

24 with section 218.

25 SEC. 212. WORKFORCE INVESTMENT BOARDS.

26 (a) DESIGNATION OF ONE-STOP SERVICE AREAS.—
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1 (1) The Governor shall, after consultation with

2 the State Human Resource Investment Council, des3 ignate one-stop service areas within the State.

4 (2) The one-stop service areas designated pur5 suant to paragraph (1) shall be—

6 (A) the geographic boundaries of the labor

7 market areas within the State, except that no

8 service delivery area or substate area may be

9 divided among two or more areas;

10 (B) the substate areas or consortium of

11 such areas; or

12 (C) the service delivery areas or consor13 tium of such areas.

14 (3) The Governor may not redesignate one-stop

15 service areas more frequently than once every four

16 years.

17 (b) ESTABLISHMENT OF BOARDS.—

18 (1) IN GENERAL.—For each one-stop service

19 area designated under subsection (a), the local elect20 ed officials from such area shall establish a

21 workforce investment board that meets the require22 ments of this subsection.

23 (2) COMPOSITION.—Each workforce investment

24 board shall consist of—
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1 (A) representatives of private sector em2 ployers, who shall constitute a majority of the

3 board and who shall be owners of business con4 cerns, chief executives or chief operating offi5 cers of businesses, or the chief manager of a

6 plant or subdivision of a firm;

7 (B) representatives of organized labor and

8 community-based organizations, who shall con9 stitute not less than 25 percent of the member10 ship of the board and who shall be officers of

11 such organizations;

12 (C) representatives of educational institu13 tions;

14 (D) appropriate community leaders, such

15 as leaders of economic development agencies,

16 human service agencies and institutions, veter17 ans organizations, and entities providing job

18 training; and

19 (E) a local elected official, who shall be a

20 non-voting member.

21 (3) NOMINATIONS.—

22 (A) EMPLOYER REPRESENTATIVES.—(i)

23 The representatives of employers under para24 graph (2)(A) shall be selected from among indi25 viduals nominated by general purpose business
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1 organizations after consulting with, and receiv2 ing recommendations from, other business orga3 nizations in the one-stop service area.

4 (ii) For the purposes of this subparagraph,

5 the term ‘‘general purpose business organiza6 tions’’ means organizations which admit to

7 membership any for-profit business operating

8 within the one-stop service area.

9 (B) LABOR REPRESENTATIVES.—The rep10 resentatives of organized labor under paragraph

11 (2)(B) shall be selected from individuals rec12 ommended by recognized State and local labor

13 federations. If the State or local labor federa14 tion fails to nominate a sufficient number of in15 dividuals to be appointed for such category, in16 dividual workers may be included on the board

17 as labor representatives.

18 (C) ELECTED OFFICIAL.—In any case in

19 which there are two or more units of general

20 local government in the one-stop service area,

21 the local elected officials of such units shall de22 termine which official shall be appointed to the

23 board.

24 (D) OTHER MEMBERS.—The members of

25 the board appointed to represent community-
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1 based organizations under paragraph (2)(B),

2 educational institutions under paragraph

3 (2)(C), and the community leaders appointed

4 under paragraph (2)(D) shall be selected from

5 individuals recommended by interested organi6 zations.

7 (4) APPOINTMENT PROCESS.—(A)(i) In any

8 case in which there is only one unit of general local

9 government within the one-stop service area, the

10 chief elected official of that unit shall appoint mem11 bers to the Board from the individuals nominated or

12 recommended under paragraph (3).

13 (ii) In any case in which there are two or more

14 such units of general local government in the one15 stop service area, the chief elected officials of such

16 units shall appoint members to the Board from the

17 individuals so nominated or recommended in accord18 ance with an agreement entered into by such units

19 of general local government. In the absence of such

20 an agreement, the appointments shall be made by

21 the Governor from the individuals so nominated or

22 recommended.

23 (B) The number of members of the Board shall

24 be initially determined—
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1 (i) by the chief elected official in the case

2 described in subparagraph (A)(i),

3 (ii) by the chief elected officials in accord4 ance with the agreement in the case described

5 in subparagraph (A)(ii), or

6 (iii) by the Governor in the absence of such

7 agreement.

8 Thereafter, the number of members of the Board

9 shall be determined by the Board.

10 (C) Members shall be appointed for fixed and

11 staggered terms and may serve until their successors

12 are appointed. Any vacancy in the membership of

13 the Board shall be filled in the same manner as the

14 original appointment. Any member of the board may

15 be removed for cause in accordance with procedures

16 established by the Board.

17 (5) CHAIRPERSON.—Each workforce investment

18 board shall elect a chairperson, by a majority vote

19 of the members of the Board, from among members

20 of the Board who are not the local elected official or

21 heads of public agencies. The term of the chair22 person shall be determined by the board.

23 (6) STAFF.—The Chairperson of each

24 workforce investment board shall appoint staff, who

25 are not concurrently on the staff of any participating
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1 program, to assist such Board in carrying out the

2 functions prescribed in this section. Such staff may

3 include an executive director.

4 (7) CONFLICT OF INTEREST.—No member of a

5 workforce investment board shall cast a vote on the

6 provision of services by that member (or any organi7 zation which that member directly represents) or

8 vote on any matter which would provide direct finan9 cial benefit to that member.

10 (8) PRIVATE INDUSTRY COUNCILS.—A private

11 industry council may become a workforce investment

12 board if the local elected official or officials deter13 mine such council is appropriate and such council—

14 (A) meets the requirements of this sub15 section, or

16 (B) is reconstituted to meet the require17 ments of this subsection.

18 (9) STATE HUMAN RESOURCE INVESTMENT

19 COUNCIL.—In any case in which the one-stop service

20 area is a State, the State human resource invest21 ment council or a portion of such council may be re22 constituted to meet the requirements of this sub23 section.

24 (10) CERTIFICATION.—The Governor shall cer25 tify a workforce investment board if the Governor
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1 determines that its composition and appointments

2 are consistent with the provisions of this subsection.

3 Such certification shall be made or denied within 30

4 days after the date on which the list of members and

5 necessary supporting documentation are submitted

6 to the Governor. When the Governor certifies the

7 board, it shall be convened within 30 days by the of8 ficial or officials who made the appointments under

9 paragraph (4).

10 (c) FUNCTIONS OF BOARD.—

11 (1) STRATEGIC PLANNING.—Each workforce in12 vestment board shall develop a strategic plan and

13 provide policy guidance with respect to the workforce

14 development programs that are administered in the

15 one-stop service area. Such strategic plan shall be

16 consistent with the statewide strategic plan devel17 oped by the State Human Resource Investment

18 Council pursuant to section 218 and shall include—

19 (A) measurable objectives for improving

20 the quality and effectiveness of workforce prep21 aration, development and training in the one22 stop service area; and

23 (B) methods for coordinating the

24 workforce development programs conducted in

25 the one-stop service area to enhance the deliv-
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1 ery of services, including methods to maximize

2 the coverage of such workforce and appropriate

3 population subgroups, and ensure equitable ac4 cess to services by such subgroups.

5 (2) IDENTIFICATION OF OCCUPATIONS IN DE6 MAND AND TRAINING NEEDS.—In carrying out this

7 subsection, the workforce investment board shall uti8 lize available labor market information and other ap9 propriate methods in order to identify the jobs cur10 rently available, the occupations currently in de11 mand, and the occupations likely to be in demand in

12 the future in the one-stop service area; the skill re13 quirements relating to such jobs and occupations;

14 and education and training services in the one-stop

15 service area that are available to assist individuals in

16 acquiring such skills. Such information shall be used

17 in developing the goals of, and activities to be pro18 vided by, the workforce development programs in the

19 labor market area and disseminated to the public

20 through the one-stop career centers established in

21 such area.

22 (3) BUDGETS.—The workforce investment

23 board shall review and approve the budgets of the

24 participating programs described in subparagraphs

25 (A)–(E) of section 215(a), and the budgets for the
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1 one-stop career centers pursuant to section 216(c),

2 and review and provide recommendations regarding

3 the budgets of other participating programs de4 scribed in section 215(b) to encourage coordination

5 and enhance the delivery of services.

6 (4) ASSUMPTION OF FUNCTIONS.—

7 (A) IN GENERAL.—The workforce invest8 ment board shall assume the functions of the

9 private industry council described in section

10 103 of the Job Training Partnership Act and of

11 the Job Service Employer Committees.

12 (B) LIMITATION.—The workforce invest13 ment board shall not be the administrative en14 tity for programs under title II of the Job

15 Training Partnership Act and shall not operate

16 any other programs.

17 (5) OVERSIGHT.—The workforce investment

18 board shall conduct oversight of the implementation

19 of the strategic plan and the overall performance of

20 the participating programs described in section 215.

21 (6) CHARTERING OF CENTERS.—Each

22 workforce investment board shall administer the pro23 cedures for the chartering of one-stop career centers

24 described in section 214(c).
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1 SEC. 213. ESTABLISHMENT OF ONE-STOP CAREER CEN2 TERS.

3 (a) IN GENERAL.—The Governor and local elected of4 ficial or officials shall jointly select either the option de5 scribed in subsection (b) or the option described in sub6 section (c) as the method for establishing one-stop career

7 centers for each one-stop service area.

8 (b) CONSORTIUM OPTION.—

9 (1) CONSORTIUM MEMBERS.—One-stop career

10 centers in the one-stop service area shall be adminis11 tered by a consortium that consists of—

12 (A) the Employment Service;

13 (B) the substate grantee or grantees for

14 title I of this Act;

15 (C) the administrative entity or entities for

16 title II of the Job Training Partnership Act;

17 (D) the State agency charged with the ad18 ministration of the State unemployment com19 pensation law, unless such agency chooses not

20 to participate; and

21 (E) one or more additional entities that

22 shall be—

23 (i) any unit of government,

24 (ii) any public or private provider of

25 reemployment, education and training or

26 social services, or
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1 (iii) a consortium of the entities de2 scribed in clauses (i) and (ii).

3 (2) ESTABLISHMENT CRITERIA.—In order to be

4 designated to operate the one-stop career center sys5 tem, the consortium established in accordance with

6 paragraph (1) shall demonstrate to the satisfaction

7 of the workforce investment board the ability of such

8 consortium to—

9 (A) meet the criteria described in clauses

10 (i)-(vi) of subsection (c)(6)(B),

11 (B) provide for customer choice in obtain12 ing the basic services described in section

13 214(a) by—

14 (i) operating two or more centers, and

15 (ii) administering budget resources to

16 reflect, at least in part, the extent to which

17 each center is used by the public, and

18 (C) provide equitable access to centers by

19 segments of the population within the one-stop

20 service area.

21 (3) INTEGRATION OF PROGRAM ADMINISTRA22 TION.—Consortia established in accordance with

23 paragraph (1) shall, in addition to meeting the es24 tablishment criteria described in paragraph (2),

25 identify to the workforce investment board proce-
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1 dures that would be used to promote the integration

2 of the administration of the programs conducted by

3 the members of such consortium, such as procedures

4 to provide for the cross-training of staff, promote

5 the collocation of facilities, and encourage the use of

6 common forms and practices.

7 (4) RENEWAL OF CHARTER.—The Governor

8 and local elected official or officials, in consultation

9 with the workforce investment board, shall review

10 the performance of the consortium and once every

11 four years determine whether to renew the charter

12 of the consortium.

13 (c) MULTIPLE INDEPENDENT OPERATOR OPTION.—

14 (1) MULTIPLE INDEPENDENT OPERATORS.—

15 The workforce investment board shall select, in ac16 cordance with the requirements of this subsection,

17 two or more entities to operate one-stop career cen18 ters in the one-stop service area.

19 (2) ELIGIBLE ENTITIES.—Any entity or consor20 tium of entities located in the one-stop service area

21 may apply, in accordance with the procedures de22 scribed in paragraph (4), to be selected as a one23 stop career center operator. Such entities may in24 clude—

25 (A) Employment Service offices,
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1 (B) career center operators under title I of

2 this Act,

3 (C) service delivery area grant recipients or

4 administrative entities under the Job Training

5 Partnership Act,

6 (D) community colleges and area voca7 tional schools,

8 (E) community-based and other private

9 for-profit and nonprofit organizations, and

10 (F) other interested private and public or11 ganizations and entities.

12 (3) SPECIAL RULE.—If the Employment Serv13 ice, or a consortium including the Employment Serv14 ice, applies to be selected as one-stop career center

15 operator and such Employment Service or consor16 tium meets the selection criteria developed pursuant

17 to paragraph (6), the workforce investment board

18 shall select such Employment Service or consortium

19 to be one of the operators.

20 (4) PUBLICATION OF PROCEDURES.—The

21 workforce investment board, after consultation with

22 the Governor and local elected officials, shall pub23 lish, in a manner that is generally available, infor24 mation to notify organizations and individuals in the

25 one-stop service area of—
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1 (A) the estimated number of one-stop ca2 reer centers needed and proposed number of op3 erators to be selected in the one-stop service

4 area, as determined in accordance with para5 graph (5);

6 (B) the application procedures for any en7 tity or consortium of entities to be selected as

8 such center operator, including when and where

9 such application is to be submitted and what in10 formation such application is to contain;

11 (C) the criteria for selection that will be

12 used, as determined in accordance with para13 graph (6); and

14 (D) other information the workforce in15 vestment board considers relevant to the selec16 tion and administration of such center opera17 tors.

18 (5) NUMBER OF ONE-STOP CENTER OPERA19 TORS.—The workforce investment board shall deter20 mine the number of one-stop career center operators

21 to be selected in the one-stop service area. In deter22 mining the appropriate number of such operators,

23 which shall not be less than two, the workforce in24 vestment board shall take into account—

25 (A) the size of the labor market;
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1 (B) the number of customers who will po2 tentially use the one-stop career centers, includ3 ing unemployed and discouraged workers, em4 ployed workers, economically disadvantaged in5 dividuals, students, out-of-school youth, older

6 workers, veterans, and employers;

7 (C) the number and capabilities of poten8 tial operators; and

9 (D) equitable access to centers by seg10 ments of the population within the one-stop

11 service area.

12 (6) SELECTION CRITERIA.—

13 (A) OBJECTIVE FACTORS.—The workforce

14 investment board, consistent with guidelines is15 sued by the Secretary, shall use objective cri16 teria and performance measures in assessing

17 applications submitted for selection as a one18 stop career center operator.

19 (B) CONTENTS.—An applicant may not be

20 selected as a one-stop career center operator

21 under this title unless such applicant dem22 onstrates to the satisfaction of the workforce in23 vestment board the ability to establish a one24 stop career center or centers that would—
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1 (i) provide the services described in

2 section 214;

3 (ii) utilize automated information sys4 tems to facilitate the exchange of informa5 tion among career centers;

6 (iii) meet the performance standards

7 prescribed pursuant to section 217;

8 (iv) ensure effective fiscal and pro9 gram management;

10 (v) administer the process of referring

11 participants to education and training

12 services in an objective and equitable man13 ner; and

14 (vi) provide services on a nondiscrim15 inatory basis to the population in the one16 stop service area.

17 (7) SINGLE OPERATOR EXCEPTION.—Notwith18 standing the number of operators to be selected pur19 suant to paragraph (5), if only one applicant meets

20 the selection criteria developed pursuant to para21 graph (6), the workforce investment board may se22 lect the single applicant to operate the one-stop ca23 reer center system.

24 (8) PERIOD OF SELECTION.—The workforce in25 vestment board shall select one-stop career center
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1 operators pursuant to the requirements of this sub2 section once every four years.

3 (d) CHARTERS.—The workforce investment board

4 shall issue a charter to each one-stop career center des5 ignated pursuant to this section. Such charter shall—

6 (1) identify the number and location of the one7 stop career centers in the one-stop service area.

8 (2) identify the entity or entities operating the

9 one-stop career centers;

10 (3) provide for the display of the one-stop ca11 reer center national logo developed pursuant to sec12 tion 243(c); and

13 (4) include such other conditions as the

14 workforce investment board determines is appro15 priate.

16 (e) ENFORCEMENT OF HONEST BROKER FUNC17 TIONS.—The workforce investment board shall review, not

18 less than once each program year, the education and train19 ing referral practices of any one-stop career center that

20 is operated by an entity that concurrently provides edu21 cation and training services to participants under this

22 title. If the workforce investment board determines that

23 such center has engaged in a pattern of inappropriate re24 ferrals to the education and training services provided by

25 the operator of such center, the Board may terminate the
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1 charter to operate such center or may require such opera2 tor to cease providing education and training services to

3 participants under this title as a condition for continuing

4 to operate such center.

5 SEC. 214. SERVICES TO BE PROVIDED THROUGH ONE-STOP

6 CAREER CENTERS.

7 (a) BASIC SERVICES.—Each one-stop career center

8 established pursuant to this title shall make available to

9 the public free of charge the following basic services:

10 (1) Outreach to make individuals aware of, and

11 encourage the use of, employment and training serv12 ices, including efforts to expand awareness of train13 ing and placement opportunities for limited-English

14 proficient individuals, disadvantaged youth and

15 adults, and individuals with disabilities.

16 (2) Intake and orientation to the information

17 and services available through such center.

18 (3) Assistance in filing an initial claim for un19 employment compensation.

20 (4) Preliminary assessment of the skill levels

21 (including appropriate testing) and service needs of

22 such individuals, which may include such factors as

23 basic skills, occupational skills, prior work experi24 ence, employability, interests, aptitudes, and sup25 portive service needs.
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1 (5) Information relating to local, regional and

2 national labor markets, including—

3 (A) job vacancy listings in such markets,

4 and

5 (B) information relating to local occupa6 tions in demand and the earnings and skill re7 quirements for such occupations.

8 (6) Job search assistance, including resume and

9 interview preparation, and workshops.

10 (7) Job referral and job placement assistance.

11 (8) Information relating to job training and

12 education programs (including student financial as13 sistance), including the eligibility requirements of

14 and services provided by such programs, the avail15 ability and quality of such programs, and referrals

16 to such programs where appropriate.

17 (9) Information collected pursuant to the per18 formance standards and customer feedback require19 ments of section 217.

20 (10) Assistance in evaluating whether such indi21 viduals are likely to be eligible for any program par22 ticipating in the career center.

23 (11) Information relating to programs and pro24 viders of dependent care and other supportive serv25 ices available in the local area.
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1 (12) Soliciting and accepting job orders submit2 ted by employers in the one-stop service area, and

3 screening and referring applicants in accordance

4 with such orders.

5 (b) INTENSIVE SERVICES.—Each one-stop career

6 center established pursuant to this title shall make avail7 able to participants in the program described under title

8 I of this Act who are unable to obtain employment through

9 the basic services described in subsection (a), and may

10 make available to other individuals, in accordance with the

11 written agreement developed pursuant to section 216, the

12 following intensive services:

13 (1) Comprehensive and specialized assessments

14 of the skill levels and service needs of individuals,

15 which may include—

16 (A) diagnostic testing and other assess17 ment tools; and

18 (B) in-depth interviewing and evaluation to

19 identify employment barriers and appropriate

20 employment goals.

21 (2) The development of an individual reemploy22 ment plan, which shall identify the employment goal

23 (including in appropriate circumstances, nontradi24 tional employment), appropriate achievement objec-
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1 tives, and the appropriate combination of services

2 for a participant to achieve the employment goal.

3 (3) Group counseling, including peer counseling,

4 which may be available to individuals jointly with

5 their immediate families, and which may include

6 counseling relating to stress management and finan7 cial management and which shall be a basic service

8 for participants in the program established under

9 title I of this Act.

10 (4) Individualized counseling and career plan11 ning, including peer counseling and counseling and

12 planning relating to nontraditional employment op13 portunities.

14 (5) Case management for individuals receiving

15 education, training and supportive services, includ16 ing periodically reviewing the individual’s progress

17 toward achieving his or her employment goal.

18 (6) Job development.

19 (7) Out-of-area job search allowances.

20 (8) Relocation allowances.

21 (9) Assistance in the selection of education and

22 training providers.

23 (10) Assistance in obtaining income support for

24 which the individual is eligible, to enable such indi25 vidual to participate in training.
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1 (11) Supportive services.

2 (12) Follow-up counseling for individuals placed

3 in training or employment.

4 (c) SPECIALIZED EMPLOYER SERVICES.—Each one5 stop career center established pursuant to this title may

6 provide to employers the following services—

7 (1) customized screening and referral of individ8 uals for employment;

9 (2) customized assessment of skill levels of the

10 employer’s current employees;

11 (3) analysis of the employer’s workforce skill

12 needs; and

13 (4) other specialized employment and training

14 services.

15 (d) ADDITIONAL SERVICES.—Each one-stop career

16 center established pursuant to this title may make avail17 able such additional services as are specified in the written

18 agreement under section 216.

19 (e) FEES.—

20 (1) IN GENERAL.—(A) Except as provided in

21 subparagraph (B), each one-stop career center may

22 charge fees for the services described in subsections

23 (b), (c) and (d) if such fees are approved by the

24 workforce investment board.
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1 (B) No fees may be charged to an individual for

2 any service which such individual is eligible to re3 ceive free of charge under any participating program

4 described in section 215 unless there are no funds

5 available under such program to provide such serv6 ices.

7 (2) PROGRAM INCOME.—All program income re8 ceived by a one-stop career center that is operated

9 by a public or private non-profit entity from the fees

10 collected pursuant to paragraph (1) shall be used to

11 expand or enhance the services provided by such

12 center.

13 SEC. 215. PARTICIPATING PROGRAMS.

14 (a) MANDATORY PROGRAMS.—

15 (1) IN GENERAL.—Subject to the provisions of

16 paragraph (2), the following programs shall make

17 available to participants through the one-stop career

18 centers the services described in section 214(a) that

19 are applicable to such program and shall participate

20 in the operation of such centers as a party to the

21 agreement described in section 216—

22 (A) programs authorized under title I of

23 this Act;

24 (B) programs authorized under the Wag25 ner-Peyser Act;
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1 (C) programs authorized under chapter 41

2 of title 38, United States Code;

3 (D) programs authorized under title II of

4 the Job Training Partnership Act;

5 (E) programs authorized under title V of

6 the Older Americans Act; and

7 (F) programs authorized under Federal

8 and State unemployment compensation laws.

9 (2) ADDITIONAL CONDITIONS.—

10 (A) The programs authorized under title I

11 of this Act shall provide the services described

12 in subsections (a) and (b) of section 214

13 through the one-stop career centers, which shall

14 replace the career centers established pursuant

15 to section 118 of this Act.

16 (B) The program authorized under the

17 Wagner-Peyser Act shall provide the applicable

18 services described in subsections (a) and (b) of

19 section 214 only through the one-stop career

20 centers.

21 (C) The program authorized under chapter

22 41 of title 38, United States Code, shall make

23 available through the one-stop career centers

24 the applicable services described in subsections

25 (a) and (b) of section 214, and may, in addi-
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1 tion, provide such services through other loca2 tions.

3 (D) The programs described under sub4 paragraphs (C), (D), (E), and (F) of paragraph

5 (1) may, in addition to providing applicable

6 services under section 214(a) through the one7 stop career centers, provide such services

8 through other locations and service providers.

9 (E) The programs described in paragraph

10 (1) may provide additional services through the

11 one-stop career centers in accordance with the

12 written agreement described in section 216.

13 (b) VOLUNTARY.—In addition to the programs de14 scribed in subsection (a), other human resource programs

15 may provide services through the one-stop career centers

16 and participate in the operation of such centers as a party

17 to the agreement described in section 216 if the workforce

18 investment board, local elected official or officials, the

19 Governor, and other participating programs approve such

20 participation. Such programs may include programs au21 thorized under—

22 (1) part F of title IV of the Social Security Act

23 (the Job Opportunities and Basic Skills (JOBS)

24 program);
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1 (2) section 6(d)(4) of the Food Stamp Act of

2 1977 (the Food Stamp Employment and Training

3 Program);

4 (3) part B of title IV of the Job Training Part5 nership Act (Job Corps);

6 (4) programs authorized under title IV–C of the

7 Job Training Partnership Act;

8 (5) the Carl D. Perkins Vocational and Applied

9 Technology Education Act;

10 (6) the Adult Education Act;

11 (7) the Vocational Rehabilitation Act; and

12 (8) the School-to-Work Opportunities Act.

13 SEC. 216. OPERATING AGREEMENTS.

14 (a) IN GENERAL.—The one-stop career center opera15 tors selected pursuant to section 213 shall enter into a

16 written agreement with the workforce investment board

17 and participating programs described in section 215 con18 cerning the operation of the one-stop career centers. Such

19 agreement shall be subject to the approval of the local

20 elected official and the Governor, who shall oversee the

21 development of such agreement, ensure that the agree22 ment meets the requirements of this section, and monitor

23 the implementation of such agreement.

24 (b) CONTENTS.—The written agreement required

25 under subsection (a) shall contain the following:
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1 (1) The services to be provided by the centers,

2 consistent with section 214, and the extent to which

3 participating programs will provide services to pro4 gram participants through such centers, consistent

5 with section 215.

6 (2) Methods for referral of individuals by the

7 one-stop career centers to the appropriate services

8 and programs.

9 (3) The financial and nonfinancial contributions

10 to be made to the centers by each participating pro11 gram, which shall be based on factors including the

12 number of participants served by the centers from

13 each participating program and the quality of serv14 ices provided.

15 (4) The financial liability of the respective par16 ties relating to the funds contributed by the partici17 pating programs.

18 (5) The financial contributions to be made for

19 the administration of the workforce investment

20 board by each participating program.

21 (6) Methods of administration, including provi22 sions for monitoring and oversight of the centers

23 and of this agreement.

24 (7) A description of how services are to be pro25 vided by the centers, such as the methods and ap-
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1 propriate test instruments to be used to assess the

2 skill levels of individuals.

3 (8) The procedures to ensure the utilization of

4 a common local job bank.

5 (9) The procedures to be used to ensure compli6 ance with the statutory and regulatory requirements

7 of the participating programs.

8 (10) The duration of the agreement and the

9 procedures for amending the agreement during its

10 term.

11 (11) Such other provisions, consistent with the

12 requirements of this title, that the parties deem ap13 propriate.

14 (c) ONE-STOP CAREER CENTER AND BOARD BUDG15 ETS.—The parties to the written agreement described

16 under subsection (a) shall supplement the written agree17 ment by developing an annual budget for the one-stop ca18 reer centers and the workforce investment board. The

19 budget for the board shall be subject to the approval of

20 the local elected official. The budget for the career centers

21 shall be subject to approval of the local elected official and

22 the Governor.

23 SEC. 217. QUALITY ASSURANCE SYSTEMS.

24 (a) PERFORMANCE STANDARDS.—
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1 (1) IN GENERAL.—The Secretary, after con2 sultation with the Governors, workforce investment

3 boards, and one-stop career center operators, shall

4 prescribe performance standards relating separately

5 to the one-stop career centers and the workforce in6 vestment boards established under this title. Such

7 standards shall be based on factors the Secretary de8 termines are appropriate, which may include:

9 (A) in the case of one-stop career cen10 ters—

11 (i) placement, retention and earnings

12 of participants in unsubsidized employ13 ment, including—

14 (I) wages and benefits at a speci15 fied period after termination from the

16 program,

17 (II) full-time and part-time em18 ployment, and

19 (III) comparability of wages at a

20 specified period after termination

21 from the program with wages prior to

22 participation in the program;

23 (ii) the provision of services to hard24 to-serve populations such as individuals

25 who are basic skills deficient, school drop-
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1 outs, individuals with disabilities, older

2 workers with obsolete skills, economically

3 disadvantaged individuals, and others who

4 face serious barriers to employment;

5 (iii) acquisition of skills pursuant to a

6 skill standards and skill certification sys7 tem endorsed by the National Skill Stand8 ards Board established under the Goals

9 2000: Educate America Act;

10 (iv) satisfaction of participants with

11 services provided and the employment out12 comes;

13 (v) satisfaction of employers with job

14 performance of individuals placed; and

15 (vi) measures of the cost efficiency of

16 the one-stop career centers;

17 (B) in the case of the workforce invest18 ment boards—

19 (i) job openings received from employ20 ers, including the proportion of employers

21 in the one-stop service area that list jobs

22 with the one-stop career centers;

23 (ii) job opening filled through the one24 stop career centers; and
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1 (iii) the overall performance of the ca2 reer centers in the one-stop service area.

3 (2) ADJUSTMENTS.—Each Governor shall,

4 within parameters established by the Secretary, pre5 scribe adjustments to the performance standards

6 prescribed under paragraph (1) for the one-stop ca7 reer centers and workforce investment boards estab8 lished in the State based on—

9 (A) specific economic, geographic and de10 mographic factors in the State and in one-stop

11 service areas within the State; and

12 (B) the characteristics of the population to

13 be served, including the demonstrated difficul14 ties in serving special populations.

15 (3) FAILURE TO MEET STANDARDS.—

16 (A) UNIFORM CRITERIA.—The Secretary

17 shall establish uniform criteria for determining

18 whether a one-stop career center or workforce

19 investment board fails to meet performance

20 standards under this section.

21 (B) TECHNICAL ASSISTANCE.—The Gov22 ernor shall provide technical assistance to one23 stop career centers and workforce investment

24 boards failing to meet performance standards
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1 under the uniform criteria established under

2 paragraph (1).

3 (C) REPORT ON PERFORMANCE.—Each

4 Governor shall include in the report to the Sec5 retary the final performance standards and per6 formance for each one-stop career center and

7 workforce investment board within the State,

8 along with the technical assistance planned and

9 provided as required under subparagraph (B).

10 (D) REVOCATION OF CHARTER.—If a one11 stop career center continues to fail to meet such

12 performance standards for two consecutive pro13 gram years, the Governor shall notify the Sec14 retary and the one-stop career center of the

15 continued failure, and the workforce investment

16 board shall—

17 (i) in the case of one-stop career cen18 ter selected pursuant to the multiple inde19 pendent operator option, terminate the op20 erating agreement and select another en21 tity as the one-stop career center consist22 ent with the procedures described in sec23 tion 213(b); and

24 (ii) in the case of a one-stop career

25 center operated under the consortium op-
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1 tion, terminate the operating agreement to

2 operate such center and to select another

3 entity as one-spot career center, consistent

4 with the procedures described in section

5 213(b).

6 (E) CORRECTIVE ACTION FOR BOARDS.—If

7 a workforce investment board continues to fail

8 to meet such performance standards for two

9 consecutive program years, the Governor shall

10 notify the Secretary and the workforce invest11 ment board of the continued failure, and

12 shall—

13 (i) replace the members of such board,

14 (ii) direct the board to replace staff,

15 (iii) direct the board to replace the

16 chairperson, or

17 (iv) take such other action as the Gov18 ernor determines in appropriate.

19 (F) APPEAL.—(i) A one-stop career center

20 operator that is the subject of a revocation

21 under subparagraph (D) or a workforce invest22 ment board that is subject to sanctions under

23 subparagraph (E) may, within thirty days after

24 receiving notice thereof and pursuant to criteria

25 established by the Secretary, appeal to the Gov-
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1 ernor to rescind such action. The Governor

2 shall issue a decision on the appeal within thir3 ty days of its receipt.

4 (ii) A one-stop career center operator or

5 workforce investment board that receives an ad6 verse decision under an appeal filed pursuant to

7 clause (i) may, within thirty days, appeal to the

8 Secretary. The Secretary shall issue a decision

9 on the appeal within thirty days of its receipt.

10 (b) CUSTOMER FEEDBACK.—

11 (1) METHODS.—Each workforce investment

12 board shall establish methods for obtaining, on a

13 regular basis, information from individuals and em14 ployers who have received services through a one15 stop career center regarding the effectiveness and

16 quality of such services. Such methods may include

17 the use of surveys, interviews, focus groups, and

18 other techniques.

19 (2) ANALYSIS AND DISSEMINATION.—Each

20 workforce investment board shall analyze the infor21 mation obtained pursuant to paragraph (1) on a reg22 ular basis and provide a summary of such informa23 tion accompanied by such analysis to the one-step

24 career center for use in improving the quality of

25 services provided under this title.
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1 SEC. 218. STATE HUMAN RESOURCE INVESTMENT COUNCIL.

2 (a) IN GENERAL.—Each State shall establish a state

3 human resource investment council that meets the require4 ments of title VII of the Job Training Partnership Act.

5 In addition to carrying out the functions required under

6 paragraphs (1)–(3) of section 701 of such Act, the Council

7 shall—

8 (1) identify the human investment needs in the

9 State and recommend to the Governor goals for

10 meeting such needs;

11 (2) recommend to the Governor goals for the

12 development and coordination of the human resource

13 system in the State;

14 (3) prepare and recommend to the Governor a

15 strategic plan to accomplish the goals developed pur16 suant to paragraphs (2) and (3); and

17 (4) monitor the implementation of and evaluate

18 the effectiveness of the strategic plan prepared pur19 suant to paragraph (3).

20 (b) ONE-STOP FUNCTION.—In addition to the func21 tions described in subsection (a), the council shall advise

22 the Governor with respect to all aspects of the develop23 ment and implementation of the one-stop career center

24 system authorized under this title, including—

25 (1) assessing the needs of the State with regard

26 to—
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1 (A) current and projected demand for

2 workers by occupation;

3 (B) skill levels of the workforce and the

4 needs of business for a skilled workforce;

5 (C) economic development needs of the

6 State; and

7 (D) the type and availability of workforce

8 preparation and development programs in the

9 State;

10 (2) providing advice to the Governor on the des11 ignation of one-stop service areas within the State;

12 (3) developing measures of effectiveness for the

13 workforce investment boards;

14 (4) facilitating the provision through appro15 priate State agencies of grants and technical assist16 ance to workforce investment boards;

17 (5) developing a mechanism for waiving State

18 rules and provisions of law with respect to workforce

19 investment programs; and

20 (6) developing a strategy to collect and utilize

21 information on the effectiveness of workforce invest22 ment programs, and that of individual service pro23 viders, and to share such information with cus24 tomers of such programs.
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1 PART B—GRANTS AND WAIVERS TO PROMOTE

2 THE DEVELOPMENT AND IMPLEMENTATION

3 OF ONE-STOP CAREER CENTER SYSTEM

4 SEC. 231. STATE PLANNING AND DEVELOPMENT GRANTS.

5 (a) PROGRAM AUTHORIZED.—The Secretary is au6 thorized to establish a program of competitive grants to

7 States to assist in the planning and development of a com8 prehensive Statewide network of one-stop career centers.

9 (b) APPLICATION.—

10 (1) IN GENERAL.—Any State desiring a grant

11 under this section shall submit an application to the

12 Secretary at such time, in such manner, and con13 taining such information as the Secretary may rea14 sonably require.

15 (2) CONTENTS OF APPLICATION.—The applica16 tion for a grant submitted pursuant to paragraph

17 (1) shall at a minimum include—

18 (A) a timetable and estimate of the

19 amount of funds needed to complete the plan20 ning and development necessary to implement a

21 Statewide system of one-stop career centers,

22 which includes the components described in

23 part A; and

24 (B) a description of the manner in which

25 the Governor, local elected officials, community

26 and business leaders, representatives of employ-
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1 ees representatives of voluntary organizations,

2 representatives of the programs described in

3 section 215, service providers and other inter4 ested organizations and individuals will work to5 gether in the planning and development of a

6 one-stop career center system.

7 (c) USE OF FUNDS.—Funds awarded under this sec8 tion may be used to carry out the following activities—

9 (1) identifying and establishing an appropriate

10 State structure to administer the one-stop career

11 center network within the State;

12 (2) identifying and establishing board-based

13 partnerships among employers, labor, education,

14 State and local government, and community-based

15 organizations to participate in the design, develop16 ment, and administration of a one-stop career center

17 system;

18 (3) developing a plan to establish a State

19 Human Resource Investment Council and local

20 workforce investment boards;

21 (4) developing the process for chartering one22 stop career centers;

23 (5) supporting local one-stop career center plan24 ning and development activities to provide guidance
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1 in the development of a one-stop career center sys2 tem;

3 (6) initiating pilot programs for testing key

4 components of State program design, such as de5 signing and testing common intake forms for partici6 pating programs;

7 (7) analyzing State and local labor markets and

8 the operation of the current labor exchange and

9 labor market intermediaries, to inform the design of

10 the new system;

11 (8) analyzing current statutory and regulatory

12 impediments to the establishment of a one-stop ca13 reer center system, and preparing requests to waive

14 statutory or regulatory requirements;

15 (9) preparing the plan required for submission

16 of an application for an Implementation Grant

17 under section 232; and

18 (10) other appropriate activities.

19 SEC. 232. STATE IMPLEMENTATION GRANTS.

20 (a) PROGRAM AUTHORIZED.—The Secretary is au21 thorized to establish a program of competitive grants to

22 States to assist in the implementation of a comprehensive

23 statewide system of one-stop career centers.

24 (b) APPLICATION.—
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1 (1) IN GENERAL.—Any State desiring a grant

2 under this section shall, with the agreement of the

3 local elected officials from the one-stop service areas

4 identified in paragraph (3)(C) that will immediately

5 begin implementation of the one-stop career center

6 system, submit an application to the Secretary at

7 such time, in such manner, and containing such in8 formation as the Secretary may reasonably require.

9 (2) CONTENTS OF APPLICATION.—The applica10 tion for a grant submitted pursuant to paragraph

11 (1) shall, at a minimum, include—

12 (A) a plan for a comprehensive, Statewide

13 one-stop career center system that includes the

14 components described in part A;

15 (B) a request in accordance with section

16 233, if any, for one or more waivers of statu17 tory or regulatory requirements relating to the

18 programs described in section 233(c);

19 (C) such other information as the Sec20 retary may require.

21 (3) CONTENTS OF STATE PLAN.—A State plan

22 shall—

23 (A) designate a fiscal agent to receive and

24 be accountable for implementation grant funds

25 awarded under this section and describe how
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1 the State intends to manage the funds awarded

2 under this section at the State and local levels;

3 (B) identify the one-stop service areas that

4 have been designated within the State pursuant

5 to section 212(a);

6 (C) identify the one-stop service areas in

7 the State that will immediately begin implemen8 tation of the one-stop career center system, and

9 the schedule for implementation for the remain10 ing areas of the State;

11 (D) identify the workforce development

12 programs that will participate in the one-stop

13 career centers, consistent with section 215;

14 (E) describe the method by which one-stop

15 career centers will be selected, consistent with

16 section 213;

17 (F) describe the performance standards

18 that the State intends to meet;

19 (G) describe the procedure by which the

20 Governor, local elected officials, officials admin21 istering participating programs, and other ap22 propriate officials, will collaborate in the imple23 mentation of the statewide one-stop career cen24 ter system;
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1 (H) describe the manner in which the

2 State has obtained and will continue to obtain

3 the active and continued involvement, in the

4 statewide one-stop career center system, of em5 ployers (including small businesses) and other

6 interested parties such as secondary schools and

7 post-secondary educational institutions (or re8 lated agencies), business associations, employ9 ees, labor organizations or associations of such

10 organizations, community-based organizations,

11 economic development organizations, rehabilita12 tion agencies and organizations, registered ap13 prenticeship agencies, vocational education

14 agencies, State or regional cooperative edu15 cation associations, human service agencies, and

16 education, employment and training service pro17 viders;

18 (I) describe the manner in which the State

19 will ensure equitable opportunities for job20 seekers, students, and employers in the State to

21 receive services from one-stop career centers;

22 (J) if the State has already undertaken a

23 one-stop service initiative, describe how such

24 initiative will be integrated into the Statewide

25 one-stop career center system under this title;
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1 (K) describe the administrative and man2 agement systems that will be used in the State;

3 and

4 (L) describe the resources that the State

5 intends to employ in maintaining the one-stop

6 career center system when funds under this

7 title are no longer available.

8 (c) FACTORS TO BE AWARDED SPECIAL CONSIDER9 ATION.—An applicant shall be awarded special consider10 ation in the evaluation of a grant application under this

11 section with respect to the following factors—

12 (1) the extent to which the one-stop service

13 areas in the State are based on labor market areas;

14 (2) the number of Federal programs that will

15 participate in the one-stop career centers;

16 (3) the extent to which the Job Opportunities

17 and Basic Skills program (commonly referred to as

18 JOBS) authorized under title IV–F of the Social Se19 curity Act and programs authorized under the Carl

20 Perkins Vocational and Applied Technology Edu21 cation Act will participate in the one-stop career

22 centers;

23 (4) the extent to which a State has already im24 plemented the components of the one-stop career

25 center system described in part A;
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1 (5) the proportion of population of the State

2 that is covered by the one-stop service areas that

3 have agreed to immediately implement the one-stop

4 career center system, and

5 (6) the extent to which a State demonstrates a

6 commitment to ensuring that the one-stop career

7 center operations in the State will enhance access to

8 the services described in section 214(a) through sup9 plementary methods such as kiosks based in shop10 ping centers, libraries, community colleges and other

11 community organizations, and through personal tele12 phones or computer lines.

13 (d) REVIEW OF APPLICATIONS.—The Secretary shall

14 determine whether to approve the State’s plan, and, if

15 such determination is affirmative, further determine

16 whether to take one or a combination of the following ac17 tions—

18 (1) award an implementation grant;

19 (2) approve the State’s request, if any, for a

20 waiver in accordance with the procedures in section

21 233 of this Act; and

22 (3) inform the State of the opportunity to apply

23 for further development funds, except that further

24 development funds may not be awarded to a State

25 that receives an implementation grant.
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1 (e) LIMITATION.—No funds provided pursuant to a

2 grant under this section may be expended to construct new

3 buildings.

4 (f) DURATION OF GRANTS.—Grants awarded under

5 this section shall be for a one year period and shall be

6 renewable for each of the two succeeding fiscal years if

7 the Secretary determines that the State is making satis8 factory progress in the implementation of the Statewide

9 one-stop career center plan.

10 SEC. 233. WAIVER OF FEDERAL STATUTORY AND REGU11 LATORY REQUIREMENTS.

12 (a) STATE REQUEST FOR WAIVER.—A State may, at

13 any point during the development or implementation of

14 a one-stop career center system, request a waiver of one

15 or more statutory or regulatory provisions from the Sec16 retary in order to carry out the purposes of this title.

17 (b) WAIVER CRITERIA.—

18 (1) Except as provided in subsection (d), the

19 Secretary may waive any requirement of any statute

20 listed in subsection (c)(1) or regulations issued

21 under such statute, or, with the concurrence of the

22 Director of the Office of Management and Budget,

23 any circular listed in subsection (c)(2) or regulations

24 issued under such circular, for any State that re25 quests such a waiver—
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1 (A) if such State submits a plan for a com2 prehensive, Statewide one-stop career center

3 system that—

4 (i) either—

5 (I) includes the components de6 scribed in part A; or

7 (II) while not including all of the

8 components described in part A, dem9 onstrates that such one-stop system

10 will substantially achieve the objec11 tives of this title; and

12 (ii) includes such other information as

13 the Secretary may reasonably require, such

14 as the information required under a State

15 plan pursuant to section 232(b)(3);

16 (B) if, and only to the extent that, the Sec17 retary determines that such requirement im18 pedes the ability of the State to carry out the

19 purposes of this title;

20 (C) if the State waives, or agrees to waive,

21 similar requirements of State law; and

22 (D) if the State—

23 (i) has provided a notice and an op24 portunity for the State council or State

25 Human Resource Investment Council and
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1 other interested entities and individuals to

2 comment on the State’s proposal to seek a

3 waiver; and

4 (ii) has submitted the comments re5 quired pursuant to clause (i) to the Sec6 retary.

7 (2) The Secretary shall act promptly on any re8 quest submitted pursuant to paragraph (1).

9 (3) Each waiver approved pursuant to this sub10 section shall be for a period not to exceed four years,

11 except that the Secretary may extend such period if

12 the Secretary determines that the waiver has been

13 effective in enabling the State to carry out the pur14 poses of this title.

15 (c) INCLUDED PROGRAMS.—

16 (1) STATUTES.—The statutes subject to the

17 waiver authority of this section are as follows—

18 (A) title I of this Act;

19 (B) the Job Training Partnership Act;

20 (C) the Wagner-Peyser Act;

21 (D) title V of the Older Americans Act;

22 (E) title III of the Social Security Act; and

23 (F) chapter 41 of title 38, United States

24 Code.
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1 (2) CIRCULARS AND RELATED REGULATIONS.—

2 The following circulars promulgated by the Office of

3 Management and Budget subject to the waiver au4 thority of this section are as follows—

5 (A) A–87, relating to cost principles for

6 State and local governments;

7 (B) A–102, relating to grants and coopera8 tive agreements with State and local govern9 ments;

10 (C) A–122, relating to non-profit organiza11 tions; and

12 (D) 29 CFR 97, uniform administrative

13 regulations for grants and cooperative agree14 ments to State and local governments.

15 (d) WAIVERS NOT AUTHORIZED.—The Secretary of

16 Labor may not waive any statutory or regulatory require17 ment of the programs listed in subsection (b) relating to—

18 (1) the basic purposes or goals of the affected

19 programs;

20 (2) maintenance of effort;

21 (3) the formula allocation of funds under the

22 affected programs;

23 (4) the eligibility of an individual for participa24 tion in the affected programs;
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1 (5) public health or safety, labor standards,

2 civil rights, occupational safety and health, or envi3 ronmental protection; and

4 (6) prohibitions or restrictions relating to the

5 construction of buildings or facilities.

6 (e) TERMINATION OF WAIVERS.—The Secretary shall

7 periodically review the performance of any State for which

8 the Secretary has granted a waiver and shall terminate

9 the waiver under this section if the Secretary determines

10 that the performance of the State affected by the waiver

11 has been inadequate to justify a continuation of the

12 waiver, or the State fails to waive similar requirements

13 of State law as required or agreed to in accord with sub14 section (b)(1)(C).

15 (f) PLAN FOR GENERAL WAIVER OF CIRCULAR PRO16 VISIONS.—

17 (1) DEVELOPMENT OF PLAN.—If the Secretary

18 determines there is sufficient information available,

19 based on applications received pursuant to this sec20 tion or other information, to identify provisions of

21 the circulars or related regulations listed in sub22 section (c)(2) that would consistently impede the im23 plementation of a one-stop career center system, the

24 Secretary shall submit a plan to the Director of the

25 Office of Management and Budget to authorize the
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1 Secretary to grant a general waiver of such provi2 sions for areas implementing one-stop career center

3 systems.

4 (2) APPROVAL OF PLAN.—The Director of the

5 Office of Management and Budget may approve the

6 plan submitted pursuant to paragraph (1) and au7 thorize the Secretary to grant general waivers of the

8 provisions of the circulars and related regulations in

9 accordance with such plan if the Director determines

10 such plan would not jeopardize the integrity of Fed11 eral funds and would be consistent with the objec12 tives of this title.

13 SEC. 234. POOLING OF ADMINISTRATIVE RESOURCES.

14 (a) SUBMISSION OF PLAN.—

15 (1) IN GENERAL.—At any point in the imple16 mentation of a one-stop career center system, a

17 State may, on behalf of one or more one-stop service

18 areas in the State, submit a plan to the Secretary

19 for the pooling of administrative funds available to

20 such area under two or more of the programs de21 scribed in section 215(a).

22 (2) COMPONENTS OF POOLING.—Under a plan

23 submitted pursuant to paragraph (1), each partici24 pating program described in section 215(a) may pro25 pose to transfer administrative funds to the one-stop
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1 career center system and to allocate the amount

2 transferred to the costs of administration under such

3 program at the time of such transfer. Pursuant to

4 such plan, further allocation of the expenditure of

5 such funds to the participating program shall not be

6 required subsequent to the transfer of the funds to

7 the one-stop career center system. Administrative

8 funds that are transferred under such plan shall

9 only be expended for the costs of administering al10 lowable activities under the one-stop career center

11 system.

12 (b) APPROVAL OF PLAN.—Notwithstanding section

13 1301 of title 31, United States Code, or any other provi14 sion of law, the Secretary may approve a plan for the pool15 ing of administrative funds submitted pursuant to sub16 section (a) if the Secretary determines such plan would

17 not jeopardize the administration of the participating pro18 grams transferring such funds and would facilitate the im19 plementation of the one-stop career center system. After

20 approval of such plan, the Secretary shall regularly review

21 the performance of the one-stop service areas operating

22 under such plans and shall rescind such approval if the

23 Secretary determines that the performance of the one-stop

24 service area has been inadequate to justify continuation
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1 of the plan or there has been a significant adverse effect

2 on the participating programs.

3 (c) SESA REAL PROPERTY.—

4 (1) IN GENERAL.—Upon the approval of the

5 Governor, real property in which, as of July 1, 1995,

6 equity has resulted from funds provided under title

7 III of the Social Security Act, section 903(c) of the

8 Social Security Act (commonly referred to as the

9 Reed Act), or the Wagner-Peyser Act, may be used

10 for the purposes of a one-stop career center.

11 (2) LIMITATION.—Unless otherwise provided in

12 a plan approved pursuant to subsection (b), subse13 quent to the commencement of the use of the prop14 erty described in paragraph (1) for the purposes of

15 a one-stop career center, funds provided under the

16 provisions of law described in paragraph (1) may

17 only be used to acquire further equity in such prop18 erty, or to pay operating and maintenance expenses

19 relating to such property, in proportion to the extent

20 of the use of such property attributable to the activi21 ties authorized under such provisions of law.
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1 PART C—ADDITIONAL ACTIVITIES IN SUPPORT

2 OF ONE-STOP CAREER CENTER SYSTEMS

3 SEC. 251. CUSTOMER SERVICE COMPACT.

4 The Secretary shall establish a process with each

5 State implementing a one-stop career center system under

6 this title, which shall include an annual meeting, to pro7 mote the development of a customer service compact

8 among the parties administering such system. Such com9 pact shall include an informal agreement between the Sec10 retary, Governor, each workforce investment board, and

11 each one-stop career center relating to—

12 (1) the shared goals and values that will govern

13 the administration of the system;

14 (2) the respective roles and responsibilities of

15 each party in enhancing the provision of services to

16 participants, including ensuring that such services

17 are tailored to the particular needs of participants in

18 each local area;

19 (3) methods for ensuring that the satisfaction

20 of participants with the services received is a pri21 mary consideration in the administration of the sys22 tem; and

23 (4) such other matters as the parties determine

24 are appropriate.
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1 SEC. 252. ADDITIONAL STATE RESPONSIBILITIES.

2 (a) IN GENERAL.—Each State implementing a one3 stop career center system under this title shall be respon4 sible for developing and operating administrative and

5 management systems that promote the effective operation

6 of the one-stop career center system.

7 (b) MONITORING.—Each State implementing a one8 stop career center system under this title shall monitor

9 the compliance of workforce investment boards within the

10 State with the requirements of this title.

11 (c) TECHNICAL ASSISTANCE.—Each State imple12 menting a one-stop career center system under this title

13 shall provide such technical assistance as deemed nec14 essary to assist the workforce investment boards to carry

15 out their responsibilities under this title.

16 SEC. 253. ADDITIONAL FEDERAL RESPONSIBILITIES.

17 (a) OVERSIGHT.—The Secretary is authorized to

18 monitor all recipients of financial assistance under this

19 title to determine whether they are complying with the

20 provisions of this title.

21 (b) CAPACITY BUILDING AND TECHNICAL ASSIST22 ANCE.—The Secretary shall provide staff training and

23 technical assistance to States, workforce investment

24 boards, one-stop career centers, communities, business

25 and labor organizations, service providers, industry con26 sortia, and other entities, to enhance their capacity to de-
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1 velop and implement effective one-stop career center sys2 tems. Such activities shall be integrated with the activities

3 of the Capacity Building and Information Dissemination

4 Network established under section 453 of the Job Train5 ing Partnership Act.

6 (c) NATIONAL LOGO.—The Secretary shall develop a

7 national logo and name for the purpose of identifying all

8 one-stop career centers as part of a nationwide workforce

9 security system. The purpose of this national identification

10 shall be to enable individuals to more readily identify and

11 access one-stop career centers in any State in any location.

12 (d) EVALUATION.—

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

14 for the continuing evaluation of programs conducted

15 under this title, including the cost-effectiveness of

16 programs in achieving the purposes of this title.

17 (2) TECHNIQUES.—

18 (A) METHODS.—Evaluations 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.—Such evaluations may in25 clude cost benefit analyses of programs, and
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1 analyses of the impact of the programs on par2 ticipants and the community, the extent to

3 which programs meet the needs of various de4 mographic groups, and the effectiveness of the

5 delivery systems used by the various programs.

6 PART D—EFFECTIVE DATE

7 SEC. 271. EFFECTIVE DATE.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), the provisions of this title shall take effect on July

10 1, 1995.

11 (b) PERFORMANCE STANDARDS.—The performance

12 standards established pursuant to section 217(a) shall

13 take effect on July 1, 1996.

14 TITLE III—NATIONAL LABOR MARKET

15 INFORMATION SYSTEM

16 SEC. 301. PURPOSE.

17 The purpose of this title is to provide for the develop18 ment of a national labor market information system that

19 will provide locally-based, accurate, up-to-date, easily ac20 cessible, user-friendly labor market information, includ21 ing—

22 (1) comprehensive information on job openings,

23 labor supply, occupational trends, current and pro24 jected wage rates by occupation, skill requirements,
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1 and the location of and performance of programs de2 signed to provide requisite skills; and

3 (2) labor market data necessary to assist public

4 officials, economic development planners, education

5 planners, and public and private training entities in

6 the effective allocation of resources.

7 SEC. 302. NATIONAL STRATEGY.

8 (a) IN GENERAL.—The Secretary shall develop, in co9 ordination with other federal, state and local entities, a

10 strategy to establish a nationwide system of local labor

11 market information that accomplishes the purposes de12 scribe in section 301 and carries out the activities de13 scribed in sections 303 and 304. In addition, such strategy

14 shall be designed to fulfill the labor market information

15 requirements of the Job Training Partnership Act, title

16 I of this Act, the Carl Perkins Vocational and Applied

17 Technology Act, and other appropriate Federal programs.

18 (b) IMPLEMENTATION.—In implementing the strat19 egy described in subsection (a), the Secretary is authorized

20 to enter into contracts and intergovernmental cooperative

21 agreements, award grants, and foster the creation of pub22 lic-private partnerships, using funds authorized under this

23 title and funds otherwise available for such purposes. In

24 addition, the Secretary may conduct research and dem25 onstration projects to assist in such implementation.
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1 SEC. 303. COMPONENTS OF SYSTEM.

2 (a) IN GENERAL.—The Secretary, in cooperation

3 with Federal, State, and local entities, and public-private

4 partnerships, shall develop a national labor market infor5 mation system that makes available the following informa6 tion:

7 (1) Information from both public and private

8 sources on the local economy, including current em9 ployment opportunities and trends by industry and

10 occupation.

11 (2) Automated listings of job openings and job

12 candidates in the local, State, and national labor

13 market.

14 (3) Growth projections by industry and growth

15 and replacement need projections by occupation and

16 occupational cluster for national, State, and local

17 labor markets.

18 (4) Current supply of labor available with spe19 cific occupational skills and experience including cur20 rent workers, job seekers, and training completers.

21 (5) Automated screening systems to permit easy

22 determination of candidate eligibility for funding and

23 other assistance in job training, job search, income

24 support, supportive services, and other reemploy25 ment services.
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1 (6) Consumer reports on local education and

2 training providers including student satisfaction with

3 programs, employer satisfaction with graduates,

4 placement rates, wages at placement, and other ele5 ments of program quality.

6 (7) Results of customer satisfaction measures

7 for the career centers and one-stop career centers

8 and other providers of reemployment services.

9 (8) National, State, and substate profiles of in10 dustries, including skill requirements, general wage

11 and benefit information, and typical distributions of

12 occupations within the industry.

13 (9) Profiles of industries in a local labor market

14 including nature of the work performed, skill and ex15 perience requirements, specific occupations, wage,

16 hour, and benefit information, pattern of hiring.

17 (10) Automated occupational and career infor18 mation and exploration systems, which incorporate

19 local labor market information, employer or industry

20 profiles, listings of education, training, and other re21 employment service providers including program

22 quality and customer satisfaction data, and available

23 automated listings of current openings.

24 (b) TECHNICAL STANDARDS.—The Secretary shall

25 promulgate standards necessary to promote efficient ex-
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1 change of information between the local, State, and na2 tional levels, including such standards as may be required

3 to ensure that data are comparable. Such standards shall

4 be designed to ensure that there is universal access to

5 local, State, and national data. In issuing such technical

6 standards, the Secretary shall meet the requirements of

7 chapter 35 of title 44, United States Code, and ensure

8 coordination with other appropriate Federal standards es9 tablished by the Bureau of Labor Statistics.

10 (c) CONSUMER REPORTS.—The Secretary, in con11 sultation with the Secretary of Education and other appro12 priate Federal agencies, and State and local governments,

13 shall set standards for the required reports and create a

14 mechanism for collection and dissemination of the

15 consumer reports described in subsection (a)(6).

16 (d) EVALUATION.—The Secretary shall provide for

17 the evaluation of the procedures, products, and services

18 under this title, including their cost-effectiveness and the

19 level of customer satisfaction. Such evaluations may in20 clude analyses of the precision of estimates produced or

21 collected under this title; examination of the uses of the

22 data by job seekers, employers, educators, career coun23 selors, public and private training providers, economic de24 velopment planners, and public agencies and institutions;
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1 the appropriateness of such uses; and the relative costs

2 and benefits of the data.

3 SEC. 304. COORDINATION.

4 To ensure the appropriate coordination and integra5 tion of labor market information services nationwide, the

6 Secretary shall—

7 (1) coordinate the activities of Federal agencies

8 responsible for the collection and dissemination of

9 labor market information at the national, State, and

10 local level; and

11 (2) ensure the appropriate dissemination of re12 sults from research studies and demonstration

13 projects, feedback from surveys of customer satisfac14 tion, education and training provider performance

15 data, and other relevant information that promotes

16 improvement in the quality of labor market informa17 tion.

18 SEC. 305. EFFECTIVE DATE.

19 The provisions of this title shall take effect on July

20 1, 1995.
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1 TITLE IV—REINVENTION LABS FOR JOB

2 TRAINING FOR THE ECONOMICALLY

3 DISADVANTAGED

4 SEC. 401. ESTABLISHMENT OF LABS.

5 Title II of the Job Training Partnership Act is

6 amended by adding at the end thereof the following new

7 part:

8 ‘‘PART D—REINVENTION LABS

9 ‘‘SEC. 281. PURPOSE.

10 ‘‘The purpose of this part is to—

11 ‘‘(1) encourage innovative program designs to

12 enhance the provision of services to and improve

13 labor market outcomes for economically disadvan14 taged youth and adults;

15 ‘‘(2) develop, through the initiative and partici16 pation of service delivery areas and States, knowl17 edge relating to effective approaches to providing

18 employment and training to the economically dis19 advantaged that may be used to benefit the pro20 grams conducted under this title; and

21 ‘‘(3) provide service delivery areas with in22 creased flexibility in the operation of job training

23 programs in exchange for higher levels of account24 ability for results.
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1 ‘‘SEC. 282. APPLICATION FOR WAIVER OF FEDERAL RE2 QUIREMENTS.

3 ‘‘(a) IN GENERAL.—Any service delivery area or con4 sortia of service delivery areas desiring to obtain a waiver

5 of Federal statutory or regulatory requirements relating

6 to the programs conducted under parts A, B, or C of this

7 title shall submit, jointly with the Governor, an application

8 for such waiver at such time, in such manner, and contain9 ing such information as the Secretary may reasonably re10 quire.

11 ‘‘(b) CONTENTS OF APPLICATION.—The application

12 for a waiver submitted pursuant to subsection (b) shall

13 include:

14 ‘‘(1) a plan for conducting a program or pro15 grams authorized under this title incorporating inno16 vative administrative, service delivery, and other pro17 gram design components;

18 ‘‘(2) the measurable goals and outcomes to be

19 achieved by the program;

20 ‘‘(3) a description of the statutory or regulatory

21 requirements under title I of this Act and title I of

22 the Retraining Income Support Act of 1994 that

23 would be waived and how such requirements would

24 impede the implementation of the plan described in

25 paragraph (1);
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1 ‘‘(4) assurances that the service delivery area

2 and the State will participate in a rigorous evalua3 tion to determine whether the goals and outcomes

4 described in paragraph (2) have been achieved; and

5 ‘‘(5) such other components and information as

6 the Secretary determines are appropriate.

7 ‘‘SEC. 283. WAIVERS AUTHORIZED.

8 ‘‘(a) IN GENERAL.—Except as provided in subsection

9 (b), the Secretary may, pursuant to an application submit10 ted in accordance with section 282, waive statutory or reg11 ulatory requirements relating to title I and parts A, B,

12 and C of this title if—

13 ‘‘(1) the Secretary determines that such re14 quirements would impede the ability of the service

15 delivery area to carry out the plan described in sec16 tion 282(b)(1) and achieving the outcomes described

17 in the plan,

18 ‘‘(2) the service delivery area and the State—

19 ‘‘(A) have provided a notice and oppor20 tunity for interested entities and individuals in

21 the State to comment on the application; and

22 ‘‘(B) have submitted to the Secretary the

23 comments received pursuant to subparagraph

24 (A); and
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1 ‘‘(3) the Secretary approves the plan described

2 in the application.

3 ‘‘(b) WAIVERS NOT AUTHORIZED.—The Secretary

4 may not waive any statutory or regulatory requirement re5 lating to title I or parts A, B, or C of this title regarding—

6 ‘‘(1) the basic purposes or goals of the affected

7 programs;

8 ‘‘(2) the formula allocation of funds;

9 ‘‘(3) the eligibility for services as described in

10 sections 203, 254(b), and 263 (except for subsection

11 (f));

12 ‘‘(4) public health or safety, labor standards,

13 civil rights, occupational safety or health, or environ14 mental protection; or

15 ‘‘(5) prohibitions or restrictions relating to con16 struction of buildings or facilities.

17 ‘‘(c) ADDITIONAL LIMITATIONS.—

18 ‘‘(1) NUMBER OF AREAS PARTICIPATING.—The

19 Secretary may approve not more than 75 applica20 tions nationwide to conduct the program described

21 under this part.

22 ‘‘(2) DURATION OF WAIVERS.—Each waiver

23 provided pursuant to this part shall be for a period

24 of not more than 2 years, except that the Secretary

25 may extend such period if the Secretary determines
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1 that the waiver has been effective in enabling the

2 service delivery area to carry out the purposes of

3 this Act.

4 ‘‘(3) TERMINATION OF WAIVERS.—The Sec5 retary shall periodically review the performance of

6 any service delivery area for which the Secretary has

7 granted a waiver and shall terminate the waiver

8 under this section if the Secretary determines that

9 the performance of the service delivery area affected

10 by the waiver has been inadequate to justify a con11 tinuation of the waiver.

12 ‘‘(4) SUNSET.—No waivers may be approved or

13 remain in effect under this part after the date that

14 is 4 years after the date of enactment of the Reem15 ployment Act of 1994.

16 ‘‘SEC. 284. TECHNICAL ASSISTANCE, EVALUATION AND RE17 PORT.

18 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary may

19 provide appropriate technical assistance to service delivery

20 areas, States, and service providers in the development

21 and implementation of programs under this part.

22 ‘‘(b) EVALUATION.—

23 ‘‘(1) IN GENERAL.—The Secretary shall provide

24 for the continuing evaluation of programs conducted
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1 under this part, including the cost-effectiveness of

2 programs in achieving the purpose of this part.

3 ‘‘(2) TECHNIQUES.—

4 ‘‘(A) METHODS.—Evaluations conducted

5 under paragraph (1) shall utilize recognized

6 statistical methods and techniques of the behav7 ioral and social sciences, including methodolo8 gies that control for self-selection, where indi9 cated.

10 ‘‘(B) ANALYSIS.—Such evaluations may in11 clude cost benefit analyses of programs, and

12 analyses of the impact of the programs on par13 ticipants and the community, the extent to

14 which programs meet the needs of various de15 mographic groups, and the effectiveness of the

16 delivery systems used by the various programs.

17 ‘‘(c) REPORT.—Not later than 5 years after the date

18 of enactment of the Reemployment Act of 1994, the Sec19 retary shall submit a report to the Congress relating to

20 the evaluation conducted pursuant to subsection (a) and

21 containing such recommendations as the Secretary deter22 mines are appropriate.’’.

23 SEC. 402. MODIFICATION OF TUITION DEFINITION.

24 Subparagraph (B) of section 141(d)(3) of the Job

25 Training Partnership Act is amended to read as follows:
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1 ‘‘(B) Tuition charges for training or edu2 cation provided by an educational institution,

3 including an institution of higher education (as

4 defined in section 1201(a) of the Higher Edu5 cation Act of 1965), a proprietary institution of

6 higher education (as defined in section 481(b)

7 of such Act), and a postsecondary vocational in8 stitution (as defined in section 481(c) of such

9 Act) that are not more than the charges of such

10 training or education made available to the gen11 eral public, do not require a breakdown of cost

12 components.’’.

13 SEC. 403. EFFECTIVE DATE AND SUNSET.

14 (a) REINVENTION LAB.—The provisions of section

15 401, and the amendments made by such section, shall take

16 effect on the date of enactment of this Act and shall termi17 nate on the date that is 5 years after the date of enact18 ment of this Act.

19 (b) TUITION DEFINITION.—The provisions of section

20 402 and the amendments made by such section, shall take

21 effect on the date of enactment of this Act.

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