H. R. 782—44
‘‘(K) will be established or administered with the advice
of persons competent in the field of service in which employ-
ment is being provided, and of persons who are knowledgeable
with regard to the needs of older persons;
‘‘(L) will authorize pay for necessary transportation costs
of eligible individuals which may be incurred in employment
in any project funded under this title, in accordance with regu-
lations promulgated by the Secretary;
‘‘(M) will assure that, to the extent feasible, such project
will serve the needs of minority, limited English-speaking, and
Indian eligible individuals, and eligible individuals who have
the greatest economic need, at least in proportion to their
numbers in the State and take into consideration their rates
of poverty and unemployment;
‘‘(N)(i) will prepare an assessment of the participants’ skills
and talents and their needs for services, except to the extent
such project has, for the participant involved, recently prepared
an assessment of such skills and talents, and such needs,
pursuant to another employment or training program (such
as a program under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.), the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), or
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.));
‘‘(ii) will provide to eligible individuals training and employ-
ment counseling based on strategies that identify appropriate
employment objectives and the need for supportive services,
developed as a result of the assessment and service strategy
provided for in clause (i); and
‘‘(iii) will provide counseling to participants on their
progress in meeting such objectives and satisfying their need
for supportive services;
‘‘(O) will provide appropriate services for participants
through the one-stop delivery system as established under sec-
tion 134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)), and will be involved in the planning and operations
of such system pursuant to a memorandum of understanding
with the local workforce investment board in accordance with
section 121(c) of such Act (29 U.S.C. 2841(c));
‘‘(P) will post in such project workplace a notice, and will
make available to each person associated with such project
a written explanation, clarifying the law with respect to allow-
able and unallowable political activities under chapter 15 of
title 5, United States Code, applicable to the project and to
each category of individuals associated with such project and
containing the address and telephone number of the Inspector
General of the Department of Labor, to whom questions
regarding the application of such chapter may be addressed;
‘‘(Q) will provide to the Secretary the description and
information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998; and
‘‘(R) will ensure that entities carrying out activities under
the project, including State offices, local offices, subgrantees,
subcontractors, or other affiliates of such organization or agency
shall receive an amount of the administration cost allocation
that is sufficient for the administrative activities under the
H. R. 782—45
project to be carried out by such State office, local office, sub-
grantee, subcontractor, or other affiliate.
‘‘(2) The Secretary is authorized to establish, issue, and amend
such regulations as may be necessary to effectively carry out the
provisions of this title.
‘‘(3) The Secretary shall develop alternatives for innovative
work modes and provide technical assistance in creating job
opportunities through work sharing and other experimental
methods to labor organizations, groups representing business and
industry and workers as well as to individual employers, where
appropriate.
‘‘(4)(A) An assessment and service strategy provided for an
eligible individual under this title shall satisfy any condition for
an assessment and service strategy or individual employment plan
for an adult participant under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to deter-
mine whether such individual qualifies for intensive or training
services described in section 134(d) of such Act (29 U.S.C. 2864(d)),
in accordance with such Act.
‘‘(B) An assessment and service strategy or individual employ-
ment plan provided for an adult participant under subtitle B of
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811
et seq.) shall satisfy any condition for an assessment and service
strategy for an eligible individual under this title.
‘‘(c)(1) The Secretary is authorized to pay a share, but not
to exceed 90 percent of the cost of any project which is the subject
of an agreement entered into under subsection (b) of this section,
except that the Secretary is authorized to pay all of the costs
of any such project which is—
‘‘(A) an emergency or disaster project; or
‘‘(B) a project located in an economically depressed area,
as determined by the Secretary in consultation with the Secretary
of Commerce and the Secretary of Health and Human Services.
‘‘(2) The non-Federal share shall be in cash or in kind. In
determining the amount of the non-Federal share, the Secretary
is authorized to attribute fair market value to services and facilities
contributed from non-Federal sources.
‘‘(3) Of the amount for any project to be paid by the Secretary
under this subsection, not more than 13.5 percent for any fiscal
year shall be available for paying the costs of administration for
such project, except that—
‘‘(A) whenever the Secretary determines that it is necessary
to carry out the project assisted under this title, based on
information submitted by the grantee with which the Secretary
has an agreement under subsection (b), the Secretary may
increase the amount available for paying the cost of administra-
tion to an amount not more than 15 percent of the cost of
such project; and
‘‘(B) whenever the grantee with which the Secretary has
an agreement under subsection (b) demonstrates to the Sec-
retary that—
‘‘(i) major administrative cost increases are being
incurred in necessary program components, including
liability insurance, payments for workers’ compensation,
costs associated with achieving unsubsidized placement
goals, and other operation requirements imposed by the
Secretary;
H. R. 782—46
‘‘(ii) the number of employment positions in the project
or the number of minority eligible individuals participating
in the project will decline if the amount available for paying
the cost of administration is not increased; or
‘‘(iii) the size of the project is so small that the amount
of administrative expenses incurred to carry out the project
necessarily exceeds 13.5 percent of the amount for such
project,
the Secretary shall increase the amount available for the fiscal
year for paying the cost of administration to an amount not
more than 15 percent of the cost of such project.
‘‘(4) The costs of administration are the costs, both personnel
and non-personnel and both direct and indirect, associated with
the following:
‘‘(A) The costs of performing overall general administrative
functions and providing for the coordination of functions, such
as—
‘‘(i) accounting, budgeting, financial, and cash manage-
ment functions;
‘‘(ii) procurement and purchasing functions;
‘‘(iii) property management functions;
‘‘(iv) personnel management functions;
‘‘(v) payroll functions;
‘‘(vi) coordinating the resolution of findings arising from
audits, reviews, investigations, and incident reports;
‘‘(vii) audit functions;
‘‘(viii) general legal services functions; and
‘‘(ix) developing systems and procedures, including
information systems, required for these administrative
functions.
‘‘(B) The costs of performing oversight and monitoring
responsibilities related to administrative functions.
‘‘(C) The costs of goods and services required for administra-
tive functions of the program, including goods and services
such as rental or purchase of equipment, utilities, office sup-
plies, postage, and rental and maintenance of office space.
‘‘(D) The travel costs incurred for official business in car-
rying out administrative activities or overall management.
‘‘(E) The costs of information systems related to administra-
tive functions (for example, personnel, procurement, pur-
chasing, property management, accounting, and payroll sys-
tems) including the purchase, systems development, and oper-
ating costs of such systems.
‘‘(5) To the extent practicable, an entity that carries out a
project under this title shall provide for the payment of the expenses
described in paragraph (4) from non-Federal sources.
‘‘(6)(A) Amounts made available for a project under this title
that are not used to pay for the cost of administration shall be
used to pay for the costs of programmatic activities, including—
‘‘(i) enrollee wages and fringe benefits (including physical
examinations);
‘‘(ii) enrollee training, which may be provided prior to or
subsequent to placement, including the payment of reasonable
costs of instructors, classroom rental, training supplies, mate-
rials, equipment, and tuition, and which may be provided on
the job, in a classroom setting, or pursuant to other appropriate
arrangements;
H. R. 782—47
‘‘(iii) job placement assistance, including job development
and job search assistance;
‘‘(iv) enrollee supportive services to assist an enrollee to
successfully participate in a project under this title, including
the payment of reasonable costs of transportation, health care
and medical services, special job-related or personal counseling,
incidentals (such as work shoes, badges, uniforms, eyeglasses,
and tools), child and adult care, temporary shelter, and followup
services; and
‘‘(v) outreach, recruitment and selection, intake, orienta-
tion, and assessments.
‘‘(B) Not less than 75 percent of the funds made available
through a grant made under this title shall be used to pay wages
and benefits for older individuals who are employed under projects
carried out under this title.
‘‘(d) Whenever a grantee conducts a project within a planning
and service area in a State, such grantee shall conduct such project
in consultation with the area agency on aging of the planning
and service area and shall submit to the State agency and the
area agency on aging a description of such project to be conducted
in the State, including the location of the project, 90 days prior
to undertaking the project, for review and public comment according
to guidelines the Secretary shall issue to assure efficient and effec-
tive coordination of programs under this title.
‘‘(e)(1) The Secretary, in addition to any other authority con-
tained in this title, shall conduct projects designed to assure second
career training and the placement of eligible individuals in employ-
ment opportunities with private business concerns. The Secretary
shall enter into such agreements with States, public agencies, non-
profit private organizations, and private business concerns as may
be necessary, to conduct the projects authorized by this subsection
to assure that placement and training. The Secretary, from amounts
reserved under section 506(a)(1) in any fiscal year, may pay all
of the costs of any agreements entered into under the provisions
of this subsection. The Secretary shall, to the extent feasible, assure
equitable geographic distribution of projects authorized by this sub-
section.
‘‘(2) The Secretary shall issue, and amend from time to time,
criteria designed to assure that agreements entered into under
paragraph (1) of this subsection—
‘‘(A) will involve different kinds of work modes, such as
flex-time, job sharing, and other arrangements relating to
reduced physical exertion;
‘‘(B) will emphasize projects involving second careers and
job placement and give consideration to placement in growth
industries in jobs reflecting new technological skills; and
‘‘(C) require the coordination of projects carried out under
such agreements, with the programs carried out under title
I of the Workforce Investment Act of 1998.
‘‘(f ) The Secretary shall, on a regular basis, carry out evalua-
tions of the activities authorized under this title, which may include
but are not limited to projects described in subsection (e).
‘‘SEC. 503. ADMINISTRATION.
‘‘(a) STATE
SENIOR
EMPLOYMENT
SERVICES
COORDINATION
PLAN.—