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 estab-
lishment 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. ROS-
TENKOWSKI, 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 serv-
ices, 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.
HR 4050 IH
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Reemployment Act of
1994’’.
SEC. 2. TABLE OF CONTENTS.
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 infor-
mation system.
Sec. 114. State coordination with worker profiling and retraining income sup-
port 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.
HR 4050 IH
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.
HR 4050 IH
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.
SEC. 3. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) in recent years, both the nature of job un-
certainty and job loss has changed due to such
forces as evolving technologies, corporate restructur-
ing, and intensifying global competition;
(2) a substantial number of Americans lose jobs
because of structural changes in the economy rather
than cyclical downturns, with more than 2 million
full-time workers permanently displaced annually
due to plant closures, production cutbacks, and lay-
offs;
(3) job uncertainty and dislocation carry sub-
stantial emotional and financial costs to the Nation,
with tax revenues and economic output declining
when workers are idle and demands on Government
support rise;
HR 4050 IH
(4) all Americans—whether seeking first jobs,
new jobs, or better jobs—confront an economy in
continuous transition and must have access to new
skills and better job and career information in order
to harness this change for increased economic secu-
rity and a rising standard of living;
(5) our current worker adjustment policies were
designed for an earlier economy and often do not
equip Americans to prosper in the current and
emerging atmosphere of constant change;
(6) the primary governmental response to job
loss—the unemployment insurance system—is effec-
tive in providing income support to persons on tem-
porary lay-offs, but was not designed to build reem-
ployment security, and is ill-equipped by itself to en-
sure that those people who are permanently laid off
will receive needed reemployment services;
(7) the current Government response to disloca-
tion is a patchwork of categorical programs, with
varying eligibility requirements and different sets of
services and benefits;
(8) job search assistance and retraining are not
available to all who need them and income support
is typically not available to facilitate long-term train-
ing;
HR 4050 IH
(9) a lack of comprehensive labor market infor-
mation—
(A) means that job seekers, training pro-
viders, and employers must make hiring and
training decisions based on fragmented and in-
complete data;
(B) adds time and costs to employers’ re-
cruitment efforts; and
(C) hinders the ability of rapidly-growing
firms to recruit and screen new employees; and
(10) administrative and regulatory obstacles hamper
the efforts of States and localities to establish comprehen-
sive reemployment systems for all their citizens seeking
first jobs, new jobs, and better jobs.
(b) PURPOSE.—It is the purpose of this Act to—
(1) better integrate the existing unemployment
system into a comprehensive, universal, high-quality
system for reemployment, so that it can serve effec-
tively the structurally unemployed as well as those
on temporary layoffs;
(2) promote equity and efficiency by consolidat-
ing the array of specific programs for dislocated
workers into a single comprehensive program for all
workers who have been permanently laid off, regard-
less of the cause of dislocation;
HR 4050 IH
(3) facilitate effective, quality training for per-
manently laid-off workers who want and need it;
(4) provide customer-centered, high-quality em-
ployment and training services that give dislocated
workers the tools to make informed career and train-
ing choices;
(5) provide universal access to basic reemploy-
ment services, including assessment of skill levels
and service needs, labor market information, and job
search assistance;
(6) begin to transform the fragmented employ-
ment and training system through a network of
streamlined, one-stop career centers providing uni-
versal access to all Americans who want and need
new jobs, better jobs, and first jobs;
(7) replicate and expand the innovative efforts
of States and localities to provide comprehensive,
high-quality reemployment and training systems;
and
(8) create a National Labor Market Informa-
tion System that gives employers, training providers,
students, job seekers, and employees high-quality
and timely data on the local economy, labor market,
and other occupational information.
HR 4050 IH
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) TITLE I.—There are authorized to be appro-
priated to carry out title I—
(1) $1,465,000,000 for fiscal year 1995; and
(2) such sums as may be necessary for each
succeeding fiscal year.
(b) TITLES II AND III.—There are authorized to be
appropriated to carry out titles II and III—
(1) $250,000,000 for each of fiscal years 1995
through 1999; and
(2) such sums as may be necessary for each of
fiscal years 2000 through 2003.
SEC. 5. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) The term ‘‘career center’’ means such cen-
ter established pursuant to section 118.
(2) The term ‘‘community-based organizations’’
means private nonprofit organizations which are rep-
resentative of communities or significant segments
of communities and which provide education, train-
ing and related services.
(3) The term ‘‘economic development agencies’’
includes State and local planning and zoning com-
missions or boards, community development agen-
cies, and other State and local agencies and institu-
HR 4050 IH
tions responsible for regulating, promoting, or assist-
ing in State and local economic development.
(4) The term ‘‘Governor’’ means the chief exec-
utive of any State.
(5) The term ‘‘labor market area’’ means an
economically integrated geographic area within
which individuals can reside and find employment
within a reasonable commuting distance or can
change employment without changing their place of
residence. Such areas shall be identified by the Sec-
retary in accordance with criteria used by the Bu-
reau of Labor Statistics of the Department of Labor
or the Bureau of the Census of the Department of
Commerce in defining such areas.
(6) The term ‘‘local elected official’’ means the
chief elected executive officer of a unit of general
local government in a substate area.
(7) The term ‘‘nontraditional employment’’ as
applied to women refers to occupations or fields of
work where women comprise less than 25 percent of
the individuals employed in such occupation or field
of work.
(8) The term ‘‘one-stop career center’’ means
such center established pursuant to section 313.
HR 4050 IH
(9) The term ‘‘private industry council’’ means
the private industry council established under sec-
tion 102 of the Job Training Partnership Act.
(10) The term ‘‘representatives of employees’’
means representatives from labor organizations (in-
cluding local, State, or national bodies, as appro-
priate) where such organization represents a sub-
stantial number of employees.
(11) The term ‘‘Secretary’’ means the Secretary
of Labor.
(12) The term ‘‘service delivery area’’ means
such an area as established in section 101 of the
Job Training Partnership Act.
(13) The term ‘‘service provider’’ means a pub-
lic agency, private nonprofit organization, or private-
for-profit entity that delivers basic reemployment,
intensive reemployment, educational, training, or
supportive services.
(14) The term ‘‘State’’ means any of the sev-
eral States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
(15) The term ‘‘State council’’ means the State
job training coordinating council established under
section 122 of the Job Training Partnership Act.
HR 4050 IH
(16) The term ‘‘State Human Resource Invest-
ment Council’’ means the council established under
section 701 of the Job Training Partnership Act.
(17) The term ‘‘substate area’’ means that geo-
graphic area in a State established pursuant to sec-
tion 117.
(18) The term ‘‘substate grantee’’ means that
agency, organization, or consortium thereof selected
to administer programs pursuant to section 117(b).
(19) The term ‘‘unit of general local govern-
ment’’ means any general purpose political subdivi-
sion of a State which has the power to levy taxes
and spend funds, as well as general corporate and
police powers.
TITLE I—COMPREHENSIVE PROGRAM FOR
WORKER REEMPLOYMENT
SEC. 101. ALLOTMENT OF FUNDS.
(a) IN GENERAL.—Of the funds appropriated pursu-
ant to section 4(a) for any fiscal year, the Secretary
shall—
(1) allot 75 percent among the States in ac-
cordance with subsection (b); and
(2) reserve 25 percent to carry out part B, sub-
ject to the reservation required by subsection (e).
HR 4050 IH
(b) ALLOTMENT AMONG STATES.—(1) Subject to the
provisions of paragraphs (2) and (3), the Secretary shall
allot the amount available in each fiscal year under sub-
section (a)(1) on the basis of the following factors:
(A) One-third of such amount shall be allotted
among the States on the basis of the relative num-
ber of unemployed individuals who reside in each
State as compared to the total number of unem-
ployed individuals in all the States.
(B) One-third of such amount shall be allotted
among the States on the basis of the relative excess
number of unemployed individuals who reside in
each State as compared to the total excess number
of unemployed individuals in all the States. For pur-
poses of this paragraph, the term ‘‘excess number’’
means the number which represents unemployed in-
dividuals in excess of 4.5 percent of the civilian labor
force in the State.
(C) One-third of such amount shall be allotted
among the States on the basis of the relative num-
ber of individuals who have been unemployed for
more than 26 weeks and who reside in each State
as compared to the total number of such individuals
in all the States.
HR 4050 IH
(2) As soon as satisfactory data are available under
section 133(b)(2), the Secretary shall allot the amount
available in each fiscal year under subsection (a)(1) as fol-
lows:
(A) 25 percent of such amount shall be allotted
on the basis of each of the factors described in sub-
paragraphs (A), (B), and (C) of paragraph (1), re-
spectively, for a total of 75 percent of the amount
allotted.
(B) 25 percent of such amount shall be allotted
on the basis of the relative number of dislocated
workers who reside in each State as compared to the
total number of dislocated workers in all States.
(3)(A) No State shall be allotted less than 90 percent
of its allotment percentage for the fiscal year preceding
the fiscal year for which the determination is made.
(B) No State shall be allotted more than 130 percent
of its allotment percentage for the fiscal year preceding
the fiscal year for which the determination is made.
(C)(i) Except as provided in clause (ii), for purposes
of this paragraph the allotment percentage of a State for
a fiscal year shall be the percentage of funds allotted to
the State under this subsection.
(ii) For the purposes of this paragraph, the allotment
percentage for fiscal year 1994 shall be the percentage of
HR 4050 IH
funds allotted to the State under section 302 of the Job
Training Partnership Act.
(c) RESERVATIONS FOR STATE ACTIVITIES.—
(1) The Governor may reserve up to 30 percent
of the amount allotted to the State under subsection
(b) to carry out State activities in accordance with
this title.
(2) Of the amount reserved by the Governor
pursuant to paragraph (1)—
(A) not more than 15 percent shall be
available for the costs of administration of pro-
grams authorized under this title;
(B) not more than 20 percent shall be
available for the costs of administration of pro-
grams authorized under this title and the costs
of technical assistance; and
(C) not more than 5 percent shall be avail-
able to carry out the job retention projects au-
thorized under section 116.
(d) WITHIN STATE DISTRIBUTION.—
(1) The Governor shall allocate the remainder
of the amount allotted to the State under subsection
(b) to substate areas to carry out activities author-
ized under this title based on an allocation formula
prescribed by the Governor. Such formula may be
HR 4050 IH
amended by the Governor not more than once for
each program year. Such formula shall include the
factors described in subsection (b) and such addi-
tional objective and measurable factors as the Gov-
ernor determines are appropriate.
(2) Of the amount allocated to each substate
area pursuant to paragraph (1) for each program
year, not more than 15 percent shall be available for
the costs of administration.
(e) RESERVATION FOR THE TERRITORIES.—Of the
amount reserved by the Secretary under subsection (a)(2)
for any fiscal year, not more than 0.3 percent shall be
allocated among Guam, the Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Federated States of Micronesia, the Republic
of the Marshall Islands, and Palau to carry out activities
authorized under this title.
(f) RESERVATIONS FOR NATIONAL ACTIVITIES.—Of
the remainder reserved by the Secretary under subsection
(a)(2):
(1) For each of fiscal years 1995 through
1999—
(A) not less than 80 percent shall be avail-
able for national discretionary grants under sec-
tions 131 and 132; and
HR 4050 IH
(B) not more than 20 percent shall be
available for—
(i) evaluation of program perform-
ance, research, and pilot and demonstra-
tion projects described in section 133; and
(ii) capacity building, staff develop-
ment and training, and technical assist-
ance described under section 134.
(2) For fiscal year 2000 and each succeeding
fiscal year—
(A) not less than 85 percent shall be avail-
able for national discretionary grants under sec-
tions 131 and 132; and
(B) not more than 15 percent shall be
available for—
(i) evaluation of program perform-
ance, research, and pilot and demonstra-
tion projects described in section 133; and
(ii) capacity building, staff develop-
ment and training, and technical assist-
ance described under section 134.
SEC. 102. RECAPTURE AND USE OF UNEXPENDED FUNDS.
(a) IN GENERAL.—For program years beginning
July 1, 1996, and thereafter, the Secretary shall, in ac-
cordance with this section—
HR 4050 IH
(1) recapture funds appropriated for such pro-
gram years that are available for recapture, and
(2) use the funds recaptured under paragraph
(1) to carry out the national discretionary grant pro-
gram under section 131.
(b) AMOUNTS AVAILABLE
FOR RECAPTURE.—The
amount available for recapture is equal to—
(1) the amount by which the unexpended bal-
ance of the State allotment (under section 101(b))
at the end of the program year prior to the program
year for which the determination under this section
is made exceeds 20 percent of such allotment for
that prior program year, plus
(2) the unexpended balance of the State allot-
ment from any program year prior to the program
year in which there is such excess.
(c) EXCLUSION.—For purposes of this section, funds
awarded to the State from the discretionary funds of the
Secretary pursuant to sections 131 and 132 shall not be
included in calculating the amounts available for recap-
ture.
(d) METHOD OF RECAPTURE.—The Secretary may,
as a method of recapturing funds for the purposes of sub-
section (a)(1), reduce the allotment to the State under sec-
tion 101(b) for the program year subsequent to the pro-
HR 4050 IH
gram year for which the determination is made by an
amount equal to the amount available for recapture.
SEC. 103. ELIGIBILITY FOR SERVICES.
(a) IN GENERAL.—An individual shall be eligible to
receive services under this title if such individual—
(1) has been permanently laid off from full-
time, part-time, or seasonal (including farmworkers
and fishermen) employment within the preceding 12-
month period, and—
(A) such individual is unlikely to obtain
employment in the same or similar occupation
due to obsolete skills or a lack of employment
opportunities; or
(B) such layoff resulted from any perma-
nent closure or any substantial layoff at a
plant, facility or enterprise;
(2) has received a notice that such individual
will be permanently laid off, and—
(A) such individual is unlikely to obtain
employment in the same or similar occupation
due to obsolete skills or a lack of employment
opportunities; or
(B) such layoff will result from any perma-
nent closure or substantial layoff at a plant, fa-
cility, or enterprise;
HR 4050 IH
(3) is employed at a facility where the employer
has publicly announcd that such facility will be
closed within one year and such individual is un-
likely to—
(A) remain employed with such employer
at another location; or
(B) retire permanently from the labor
force on or before such closure;
(4) is long-term unemployed and has limited op-
portunities for employment in the same or similar
occupation in which such individual was previously
employed;
(5) was self-employed (including farmers, fish-
ermen and ranchers) and is unemployed as a result
of general economic conditions in the community in
which such individual resides or because of natural
disasters;
(6) is certified as eligible under the transitional
certification of trade impacted workers program au-
thorized under title II of the Retraining Income
Support Act of 1994; or
(7) was identified and referred to the program
under this title, in accordance with regulations is-
sued by the Secretary, by a State worker profiling
HR 4050 IH
system established under section 303(j) of the Social
Security Act.
(b) DISPLACED HOMEMAKERS.—An individual who is
a displaced homemaker shall be eligible to receive services
described in section 119(b) and such other services au-
thorized under this title as the Governor determines are
appropriate to provide to such individuals if—
(1) the displacement occurred within the pre-
ceding 12-month period,
(2) such individual is unemployed, and
(3) such individual meets the requirements re-
lating to services provided under the title, other than
the requirements of subsection (a).
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘permanently laid off’’ means a
layoff under which a recall is not expected within 26
weeks.
(2) The term ‘‘long-term unemployed’’ means a
period of unemployment defined by the Governor,
except that such period shall not be less than 27
weeks.
(3) The term ‘‘displaced homemakers’’ has the
same meaning given such term in section 4(29) of
the Job Training Partnership Act.
HR 4050 IH
PART A—STATE AND SUBSTATE DELIVERY
SYSTEM
SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.
The State shall be responsible for developing and op-
erating administrative and management systems which en-
sure proper control and accountability for the use of
funds, in accordance with the requirements of part E of
this title, and the accomplishment of the objectives of this
title.
SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DIS-
LOCATED WORKER UNIT.
(a) IN GENERAL.—The Governor shall designate or
establish a dislocated worker unit at the State level (here-
after referred to as the ‘‘State dislocated worker unit’’)
to carry out the functions described in this section.
(b) FUNCTIONS OF UNIT.—
(1) RAPID
RESPONSE.—The State dislocated
worker unit shall carry out the following rapid re-
sponse activities:
(A) Receive notices provided pursuant to
the Worker Adjustment and Retraining Notifi-
cation Act and collect information identifying
the site of other permanent closures and layoffs
affecting 50 or more workers.
(B) Establish contact with representatives
of the employer, affected workers and affected
HR 4050 IH
unions, and affected substate grantees within
48 hours of being informed of or otherwise
identifying such closure or layoff.
(C) Provide assistance on site within five
working days of being informed of or otherwise
identifying such closure or layoff (unless rep-
resentatives of the affected workers agree to
defer the commencement of assistance), includ-
ing—
(i) the provision of information relat-
ing to, and assistance in obtaining access
to, available programs and services;
(ii) the provision of appropriate reem-
ployment services on an emergency basis;
and
(iii) the provision of basic reemploy-
ment services in a group setting.
(D) Promote the formation of worker-man-
agement 
transition 
assistance 
committees,
which meet the requirements of subsection (d),
by—
(i) providing immediate assistance in
the establishment of such committees, in-
cluding—
HR 4050 IH
(I) providing immediate financial
assistance to cover startup costs of
the committee;
(II) providing a list of individuals
from which the chairperson of the
committee may be selected; and
(III) requesting the list of com-
mittee members from the employer
and union, or providing assistance in
the selection of worker representatives
in the event no union is present; and
(ii) providing technical assistance in
the development by such committees of a
strategy for assessing the employment and
training needs of each affected worker and
for obtaining the services and assistance
necessary to meet those needs, which may
include—
(I) providing technical advice as
well as information on sources of as-
sistance, and
(II) serving as liaison with other
public and private services and pro-
grams.
HR 4050 IH
(E) Prepare an action plan for the provi-
sion of reemployment and training services to
eligible individuals, including group counseling,
preliminary assessments, and labor market in-
formation, which may include assistance in
planning for the establishment of an on-site
transition center described in section 115(c).
(2) INFORMATION COLLECTION AND DISSEMI-
NATION.—The State dislocated worker unit shall
carry out the following information collection and
dissemination activities:
(A) Provide to employers and employees
throughout the State information relating to
the Worker Adjustment and Retraining Notifi-
cation Act, including the requirements of such
Act, and information relating to the eligibility
requirements and services and benefits available
under this title.
(B) Collect information relating to—
(i) economic dislocation, including po-
tential closings and layoffs and the impact
of closures and layoffs to which such unit
has responded, and
(ii) available programs and resources
within the State to serve affected workers.
HR 4050 IH
(C) Disseminate the information collected
pursuant to subparagraph (B) to the Governor
to assist in providing an adequate information
base for effective program management, review,
and evaluation.
(D) Disseminate information throughout
the State on the services and activities carried
out by the State dislocated worker unit.
(3) PROGRAM SUPPORT.—The State dislocated
unit shall carry out the following program support
activities:
(A) Provide technical assistance and advice
to substate grantees.
(B) Work with employers and representa-
tives of employees in promoting labor-manage-
ment cooperation to achieve the objectives of
this title.
(C) Assist each local community affected
by a mass layoff or plant closing in developing
and implementing an adjustment plan, includ-
ing assistance in obtaining access to State eco-
nomic development assistance.
(4) 
COORDINATION.—The 
State 
dislocated
worker unit shall exchange information and coordi-
nate programs with—
HR 4050 IH
(A) the appropriate economic development
agency and job retention projects authorized
under section 116, for the purpose of identify-
ing potential layoffs and for the purpose of de-
veloping strategies to avert plant closings or
mass layoffs and to accelerate the reemploy-
ment of dislocated workers;
(B) State education, training and social
services programs;
(C) State labor federations;
(D) State-level general purpose business
organizations; and
(E) all other programs available to assist
dislocated workers, including the Employment
Service, the unemployment insurance system,
one-stop career centers established under title
II of this Act, and student financial aid pro-
grams.
(c) COORDINATION WITH CAREER CENTERS.—In
carrying out this section, the State dislocated worker unit
shall coordinate its actions with the affected substate
grantees and career centers.
(d) WORKER-MANAGEMENT
TRANSITION
ASSIST-
ANCE COMMITTEES.—The worker-management transition
assistance committees promoted by the State dislocated
HR 4050 IH
worker unit pursuant to subsection (b)(1)(D) shall ordi-
narily include (but not be limited to) the following:
(1) Shared and equal participation by workers
(and their representatives) and management, and
which may include participation from community
representatives as appropriate.
(2) Shared financial participation between the
employer and the State, using funds provided under
this title in paying for the operating expenses of the
committee.
(3) A chairperson, to oversee and guide the ac-
tivities of the committee, who shall—
(A) be jointly selected by the worker and
management representatives of the committee,
(B) not be employed or under contract
with or members of the immediate family of
labor or management at the site, and
(C) provide advice and leadership to the
committee and prepare a report on its activities.
(4) Operations pursuant to a formal agreement,
terminated at will by the workers or management,
and terminated for cause by the Governor.
(e) COVERAGE OF LAYOFFS.—The Governor may au-
thorize the provision of the rapid response activities de-
scribed in subsection (b)(1) to layoffs of less than 50
HR 4050 IH
workers if such layoffs are determined by the Governor
to have a significant adverse economic impact on a local
community.
(f) PLANT BUYOUT STUDY.—In a situation involving
an impending permanent closure or substantial layoff, a
State may provide funds, where other public or private re-
sources are not expeditiously available, for a preliminary
assessment of the advisability of having a company or
group, including the workers, purchase the plant and con-
tinue it in operation. Such assessment shall not include
a feasibility study relating to such purchase.
(g) PROHIBITION ON TRANSFER OF RESPONSIBIL-
ITY.—The State shall not transfer the responsibility for
the rapid response assistance functions of the State unit
under this section to another entity, but the State may
carry out such functions through agreement, grant, con-
tract, or other arrangement with another entity, such as
a substate grantee or a career center.
(h) FEDERAL OVERSIGHT OF RAPID RESPONSE.—
The Secretary shall oversee the administration by each
State of the rapid response assistance services provided
in such State and evaluate the effectiveness, efficiency,
and timeliness of the delivery of such services. The Sec-
retary may establish performance standards relating to
the provision of such services by the State. If the Sec-
HR 4050 IH
retary determines that such services are not being per-
formed adequately, the Secretary shall implement appro-
priate corrective action.
SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE
AND LOCAL LABOR MARKET INFORMATION
SYSTEMS.
(a) IN GENERAL.—In furtherance of the national
strategy described in section 302 of this Act to establish
a nationwide system of effective labor market information,
the Governor shall identify, or develop, and maintain a
comprehensive labor market information system in the
State that—
(1) promotes the collection, use, exchange, and
dissemination of quality labor market information
that will enhance the employment opportunities
available to permanently laid off workers and other
individuals seeking employment, and
(2) provides support for needed improvements
or adjustments in current labor market information
systems and integrates such systems to meet local
and State labor market needs.
(b) CONTENT.—The labor market information de-
scribed in subsection (a)(1) shall include the information
specified in section 303(a) of this Act relating to the na-
tional labor market information system.
HR 4050 IH
(c) STANDARDS FOR INFORMATION COLLECTION AND
DISSEMINATION.—The Governor shall ensure that data
collection and dissemination systems are developed in ac-
cordance with the technical standards specified in section
303(b) of this Act relating to the national labor market
information system.
(d) COORDINATION OF DATA COLLECTION AND SUR-
VEY
CONSOLIDATION.—Consistent with the technical
standards specified in section 303(b), the Governor shall
ensure, to the extent feasible that—
(1) automated technology will be used in data
collection and dissemination;
(2) the State dislocated worker unit, the sub-
state grantees, and the career centers under this
title have timely access to and exchange information
relating to quality labor market information;
(3) administrative records are designed to re-
duce paperwork; and
(4) available administrative data and multiple
surveys are shared or consolidated to reduce duplica-
tion of recordkeeping of State and local agencies.
(e) DESIGN OF STATE SYSTEM.—The Governor shall
designate an agent within the State to be responsible for
oversight and management of a statewide comprehensive
labor market and occupational information system that—
HR 4050 IH
(1) meets the requirements of this section;
(2) provides such training and technical assist-
ance necessary to facilitate the collection of data and
the dissemination of information through the pro-
grams assisted under this title;
(3) provides funding for the State share of the
cooperative agreements authorized in section 302;
and
(4) funds research, evaluation, and demonstra-
tion projects designed to make improvements in the
statewide labor market information system.
(f) COORDINATION OF RESOURCES.—The Governor
shall coordinate the activities carried out under this title
with the labor market information activities carried out
in the State pursuant to other Federal laws and with the
national labor market information program described in
title III of this Act. In maintaining the system described
under this section, the Governor may use funds that are
otherwise available to the Governor for such purposes
under other Federal laws, such as the Job Training Part-
nership Act and the Wagner-Peyser Act.
(g) METHODS
OF COLLECTION
AND DISSEMINA-
TION.—In order to facilitate the collection and dissemina-
tion of the data described in subsection (b), the Governor
shall—
HR 4050 IH
(1) identify and utilize cost-effective methods
for obtaining such data as are necessary to carry out
this section which, notwithstanding any other provi-
sion of law, may include access to earnings records,
State employment security records, records collected
under the Federal Insurance Contributions Act
(chapter 21 of the Internal Revenue Code of 1986),
State aid to families with dependent children
records, secondary and post-secondary education
records, and similar records or measures, with ap-
propriate safeguards to protect the confidentiality of
the information obtained; and
(2) publish and make available labor market
and occupational supply and demand information
and career information to State agencies, public
agencies, libraries, employers, and individuals who
are in the process of making career choices.
SEC. 114. COORDINATION WITH WORKER PROFILING AND
RETRAINING INCOME SUPPORT PROGRAMS.
(a) WORKER PROFILING.—The Governor shall co-
ordinate programs under this title with the worker
profiling system authorized under title III of the Social
Security Act. Such coordination shall include methods for
ensuring the prompt referral, in accordance with regula-
tions issued by the Secretary of the claimants identified
HR 4050 IH
under such profiling system to career centers authorized
under this title, and the sharing of relevant information.
(b) RETRAINING INCOME SUPPORT.—The Governor
shall coordinate programs under this title with the retrain-
ing income support program authorized under part A of
title I of the Retraining Income Support Act of 1994.
SEC. 115. STATE SUPPLEMENTARY GRANTS FOR AREAS OF
SPECIAL NEED.
(a) IN GENERAL.—The Governor may award grants
to provide the services authorized under section 119 to eli-
gible individuals in areas of the State experiencing sub-
stantial increases in the number of eligible individuals due
to plant closures, base closures and mass layoffs.
(b) ELIGIBLE ENTITIES.—The grants authorized
under subsection (a) may be awarded to—
(1) the substate grantees in the areas affected
by such closures and mass layoffs;
(2) employers and employer associations;
(3) transition assistance committees and other
employer-employee entities;
(4) representatives of employees;
(5) industry consortia; and
(6) State agencies.
(c) ESTABLISHMENT OF ADDITIONAL SERVICE CEN-
TERS.—
HR 4050 IH
(1) IN GENERAL.—The Governor may use the
grant funds available under this section to establish
a center, including an on-site transition center de-
scribed in paragraph (2), at the site of a plant clo-
sure, base closure or mass layoff to provide the serv-
ices described in section 119. Such center shall be
established after formal consultation with the sub-
state grantee for the affected area and shall be oper-
ated in coordination with the career centers in the
affected area.
(2) ONSITE
TRANSITION
CENTERS.—Funds
available under this section may be used to establish
a transition center that—
(A) is located at the site of a plant closure,
base closure, or mass layoff for the purpose of
providing reemployment services to eligible indi-
viduals affected by such layoff or closure,
(B) includes substantial funding from
sources other than public funds,
(C) is operated with the concurrence and
participation of affected workers and their rep-
resentatives and the affected employer, includ-
ing the worker-management transition assist-
ance committee established in accordance with
section 112(d) if such committee is established,
HR 4050 IH
(D) provides the reemployment services de-
scribed in sections 119(b) and (c) directly or
through contracts with other entities, such as
outplacement agencies, and
(E) is administered in coordination with
the career centers in the substate area, includ-
ing arrangements to ensure that the affected
workers have the opportunity to receive services
at the career centers in addition to or in lieu of
receiving such services at the transition center.
SEC. 116. STATE GRANTS FOR JOB RETENTION PROJECTS.
(a) IN GENERAL.—The Governor may, consistent
with the limitation contained in section 101(c)(2)(B),
award grants to assist projects that—
(1) provide services to upgrade the skills of em-
ployed workers who are at risk of being permanently
laid off; and
(2) assist in retraining employed workers in
new technologies and work processes that will facili-
tate the conversion or restructuring of businesses
into high performance work organizations and avert
plant closings or substantial layoffs.
(b) STATE
AND EMPLOYER CONTRIBUTION RE-
QUIRED.—In order for a project to be eligible for assist-
ance under subsection (a), the amount of the grant to be
HR 4050 IH
awarded shall be matched by an equal amount provided
by a combination of—
(1) funds provided by the State, from funds
other than federal funds; and
(2) funds provided by the affected employers or
businesses.
(c) CONSULTATIONS.—Prior to awarding grants
under this section, the Governor shall consult with unions
representing affected workers regarding the proposed
projects.
SEC. 117. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE
STRUCTURE.
(a) DESIGNATION OF SUBSTATE AREAS.—
(1) The Governor of each State shall, after con-
sultation with the State council and local elected of-
ficials, designate substate areas for the State.
(2) Each service delivery area within a State
shall be included within a substate area and no serv-
ice delivery area shall be divided among two or more
substate areas.
(3) In making designations of substate areas,
the Governor shall consider—
(A) the availability of services throughout
the State;
HR 4050 IH
(B) the capability to coordinate the deliv-
ery of services with other job training, human
services and economic development programs;
and
(C) the geographic boundaries of labor
market areas within the State.
(4) Subject to paragraphs (2) and (3), the Gov-
ernor—
(A) shall designate as a substate area any
single service delivery area that—
(i) has a population of 200,000 or
more, and
(ii) requests such designation;
(B) shall designate as a substate area any
two or more contiguous service delivery areas—
(i) that in the aggregate have a popu-
lation of 200,000 or more, and
(ii) that request such designation; and
(C) shall designate as a substate area any
concentrated employment program grantee for
a 
rural 
area 
described 
in 
section
101(a)(4)(A)(iii) of the Job Training Partner-
ship Act.
(5) The Governor may deny a request for des-
ignation under paragraph (4)(B) if the Governor de-
HR 4050 IH
termines that such designation would not be consist-
ent with the effective delivery of services to eligible
dislocated workers in various labor market areas (in-
cluding urban and rural areas) within the State, or
would not otherwise be appropriate to carry out the
purposes of this title.
(6) The Governor shall not designate as a sub-
state area any area with a population of less than
200,000 unless such area meets the requirements of
paragraph (4)(C).
(7) From the funds reserved under section
101(c)(1), the Governor may award grants to en-
courage the formation of substate areas that are
based on labor market areas.
(8) The Governor may designate as substate
areas under this title areas designated as substate
areas under title III of the Job Training Partnership
Act prior to the enactment of this Act if such areas
meet the requirements of this subsection.
(9) The designations made under this sub-
section may not be revised more than once every
four years.
(b) DESIGNATION OF SUBSTATE GRANTEES.—
(1) AGREEMENT.—A substate grantee shall be
designated, on a guadrennial basis, for each substate
HR 4050 IH
area. Such substate grantee shall be designated in
accordance with an agreement among the Governor,
the local elected official or officials of such area, and
the private industry council or councils of such area.
Whenever a substate area is represented by more
than one such official or council, the respective offi-
cials and councils shall each designate representa-
tives, in accordance with procedures established by
the Governor (after consultation with the State
council), to negotiate such agreement. In the event
agreement cannot be reached on the selection of a
substate grantee, the Governor shall select the sub-
state grantee.
(2) ELIGIBILITY.—Entities eligible for designa-
tion as substate grantees include—
(A) private industry councils in the sub-
state area;
(B) service delivery area grant recipients
or administrative entities under the Job Train-
ing Partnership Act;
(C) private nonprofit organizations;
(D) units of general local government in
the substate area, or agencies thereof;
(E) local offices of State agencies;
HR 4050 IH
(F) other public agencies, such as commu-
nity colleges and area vocational schools; and
(G) consortia of the entities described in
subparagraphs (A) through (F).
(c) FUNCTIONS OF SUBSTATE GRANTEES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the substate grantees designated pursu-
ant to this subsection shall—
(A) receive and administer funds allocated
to the substate area, including the administra-
tion of payments to service providers in accord-
ance with section 119(d)(2);
(B) administer the process for the selection
of career center operators established pursuant
to section 118;
(C) conduct oversight and monitoring of
the program carried out within the substate
area and coordinate the operation of the career
centers established within the substate area;
and
(D) prepare and make publically available
a biennial written plan describing the objectives
to be accomplished and the activities to be un-
dertaken in the substate area under this title.
(2) SPECIAL RULE.—
HR 4050 IH
(A) SELECTION
PROCESS
FOR
CAREER
CENTER OPERATORS.—If a substate grantee de-
sires to be selected to operate a career center,
the process for the selection of career center op-
erators in the substate area shall be adminis-
tered by the private industry council or councils
established in such substate area. If such sub-
state grantee is such private industry council,
the process for the selection of career center op-
erators in the substate area shall be adminis-
tered by the Governor.
(B) OVERSIGHT.—If a substate grantee is
selected to operate a career center, the over-
sight of the career centers in the substate area
shall be carried out by the Governor.
SEC. 118. ESTABLISHMENT OF CAREER CENTERS.
(a) IN GENERAL.—The substate grantee designated
pursuant to section 117 shall, in accordance with the re-
quirements of this section, establish one or more career
centers in each substate area.
(b) FUNCTIONS OF CENTERS.—Each career center
shall be the point of access for eligible individuals to the
services provided pursuant to section 119.
(c) SELECTION OF CENTERS.—
HR 4050 IH
(1) SELECTION PROCESS.—The substate grant-
ee shall select the career center operators in accord-
ance with the requirements of this subsection.
(2) ELIGIBLE ENTITIES.—Any entity or consor-
tium of entities located in the substate area may
apply, in accordance with the procedures described
in paragraph (3), to be selected as a career center
operator. Such entities may include—
(A) employment service offices,
(B) service delivery area grant recipients
or administrative entities under the Job Train-
ing Partnership Act,
(C) substate grantees under this title,
(D) community colleges and area voca-
tional schools,
(E) community-based and other private,
nonprofit organizations, and
(F) other interested private for-profit and
public organizations and entities.
(3) PUBLICATION OF PROCEDURES.—The sub-
state grantee, after consultation with the Governor
and local elected officials, shall publish, in a manner
that is generally available, information to notify or-
ganizations and individuals in the substate area of—
HR 4050 IH
(A) the estimated number of career centers
to be established in the substate area;
(B) the application procedure for any en-
tity or consortium of entities desiring to be se-
lected to operate such centers, including when
and where such application is to be submitted
and what information such application is to
contain;
(C) the criteria for selection that will be
used, consistent with paragraph (4); and
(D) other information the substate grantee
considers relevant to the selection of operators
and administration of such centers.
(4) SELECTION CRITERIA.—
(A) OBJECTIVE
FACTORS.—The substate
grantee, consistent with guidelines issued by the
Secretary, shall use objective criteria and per-
formance measures in assessing applications
submitted for selection as a career center opera-
tor.
(B) CONTENTS.—An applicant may not be
selected as a career center operator under this
title unless such applicant demonstrates to the
satisfaction of the substate grantee the ability
to operate a career center that would—
HR 4050 IH
(i) provide the services described in
section 119;
(ii) utilize automated information sys-
tems to facilitate the exchange of informa-
tion among career centers;
(iii) meet the performance standards
prescribed pursuant to section 152;
(iv) meet the fiscal control require-
ments provided in part E;
(v) administer the process of referring
participants to education and training
services in an objective and equitable man-
ner; and
(vi) meet such other requirements as
the substate grantee determines is appro-
priate.
(C) LEVEL OF WAGES AND BENEFITS.—
The level of wages and benefits paid to non-
managerial employees by an applicant may not
be considered as a factor in the selection of a
career center operator. Other cost factors may
be taken into account in such selection.
(5) PERIOD
OF
SELECTION.—The substate
grantee shall select career center operators pursuant
HR 4050 IH
to the requirements of this subsection once every
four years.
(6) ENFORCEMENT OF HONEST BROKER FUNC-
TIONS.—The substate grantee shall review, at least
once each program year, the education and training
referral practices of any career center that is oper-
ated by an entity that concurrently provides edu-
cation and training services to participants under
this title. If the substate grantee determines that
such center has engaged in a pattern of inappropri-
ate referrals to the education and training services
provided by the operator of such center, the substate
grantee may terminate the agreement to operate
such center or may require such operator to cease
providing education and training services to partici-
pants under this title as a condition for continuing
to operate such center.
(d) ON-SITE TRANSITION CENTERS.—In addition to
the career centers established under this section, a sub-
state grantee may use funds allocated to the substate area
to establish temporary, on-site transition centers that
meet the requirements described in section 115(c)(2).
Such centers may be established pursuant to grants, con-
tracts, or other arrangements with the entities described
in subsection (c)(2) of this section.
HR 4050 IH
SEC. 119. SERVICES TO BE PROVIDED TO ELIGIBLE INDI-
VIDUALS.
(a) IN GENERAL.—Funds allocated to substate areas
pursuant to section 101(d) may be used to provide—
(1) basic reemployment services in accordance
with subsection (b);
(2) intensive reemployment services in accord-
ance with subsection (c);
(3) education and training services in accord-
ance with subsection (d);
(4) retraining income support in accordance
with subsection (e);
(5) supportive services in accordance with sub-
section (f); and
(6) supplemental wage allowances for older
workers in accordance with subsection (g).
(b) BASIC REEMPLOYMENT SERVICES.—Each career
center established pursuant to this title shall make avail-
able to eligible individuals the following services:
(1) outreach and provision of information to
make individuals aware of, and encourage the use of,
reemployment and training services, including efforts
to expand awareness of training and placement op-
portunities for hard-to-serve individuals such as
those with limited English proficiency and those with
disabilities;
HR 4050 IH
(2) intake and determination of eligibility for
assistance under this title;
(3) orientation to the information and services
available through such center;
(4) assistance in filing an initial claim for un-
employment compensation;
(5) a preliminary assessment of the skill levels
(including appropriate testing) and service needs of
such individuals, which may include such factors as
basic skills, occupational skills, prior work experi-
ence, employability, interests, aptitudes, and sup-
portive service needs;
(6) information relating to local, regional and
national labor markets, including—
(A) job vacancy listings in such markets,
and
(B) information relating to local occupa-
tions in demand and the earnings and skill re-
quirements for such occupations;
(7) job search assistance, including resume and
interview preparation, and workshops;
(8) job referral and job placement assistance;
(9) information relating to education and job
training programs, including the eligibility require-
ments of and services provided by such programs,
HR 4050 IH
the availability and quality of such programs, and
student financial assistance available for such pro-
grams;
(10) assistance in evaluating whether such indi-
viduals are likely to be eligible for any employment
and training programs administered by the Sec-
retary other than this title;
(11) information collected pursuant to the per-
formance standards and quality assurance require-
ments of part C of this title;
(12) information relating to programs and pro-
viders of dependent care and other supportive serv-
ices available in the local area;
(13) group counseling, which may include peer
counseling, and which shall be available to such indi-
viduals jointly with their immediate families, includ-
ing group counseling relating to stress management
and financial management; and
(14) soliciting and accepting job orders submit-
ted by employers in the substate area, and referring
individuals in accordance with such orders.
(c) INTENSIVE REEMPLOYMENT SERVICES.—
(1) IN GENERAL.—Each career center estab-
lished pursuant to this title shall make available, to
eligible individuals who have received basic reemploy-
HR 4050 IH
ment services under subsection (b) and have been
unable to obtain employment through such services,
the following services:
(A) Comprehensive and specialized assess-
ments of the skill levels and service needs of in-
dividuals, which may include—
(i) diagnostic testing and other assess-
ment tools; and
(ii) in-depth interviewing and evalua-
tion to identify employment barriers and
appropriate employment goals.
(B) The development of an individual re-
employment plan, which shall identify the em-
ployment goal (including, in appropriate cir-
cumstances, nontraditional employment), appro-
priate achievement objectives, and the appro-
priate combination of services for a participant
to achieve the employment goal.
(C) Individualized counseling and career
planning, including peer counseling and coun-
seling and planning relating to nontraditional
employment opportunities.
(D) Case management for individuals re-
ceiving education, training and supportive serv-
ices.
HR 4050 IH
(E) Job development.
(F) Out-of-area job search allowances.
(G) Relocation allowances.
(H) Assistance in the selection of edu-
cation and training providers.
(I) Assistance in obtaining income support
for which the individual is eligible, including
student financial assistance, to enable such in-
dividual to participate in training.
(J) Follow-up counseling for individuals
placed in training or employment.
(2) ADDITIONAL CONDITIONS.—
(A) REEMPLOYMENT PLAN.—
(i) JOINT DEVELOPMENT.—The indi-
vidual reemployment plan described in
paragraph (1)(B) shall be developed jointly
by the eligible individual and a career
counselor. Both parties shall sign the plan
and periodically review the progress of the
individual in achieving the objectives set
forth in the plan. In the event of a dis-
agreement over the content of the plan, the
eligible individual shall be provided an op-
portunity to appeal the career counselor’s
recommendation pursuant to section 164.
HR 4050 IH
(ii) EMPLOYMENT
GOAL.—The em-
ployment goal identified under an individ-
ual reemployment plan described under
paragraph (1)(B) shall relate to employ-
ment in an occupation for which there is a
demand in the local area, or in another
area to which the individual is willing to
relocate.
(iii) PROHIBITION
ON
PRIVATE
AC-
TIONS.—Nothing in this section shall be
construed to establish a right for an indi-
vidual to bring a private action to obtain
the services described in the reemployment
plan.
(B) OUT-OF-AREA
JOB
SEARCH
ALLOW-
ANCE.—
(i) IN
GENERAL.—Out-of-area job
search allowances provided under para-
graph (1)(F) shall provide reimbursement
to the individual of not more than 90 per-
cent of the cost of necessary job search ex-
penses, up to a maximum payment speci-
fied by the Secretary in regulations.
HR 4050 IH
(ii) CRITERIA
FOR
GRANTING
JOB
SEARCH ALLOWANCES.—A job search al-
lowance may be granted only—
(I) to assist an eligible individual
in securing a job within the United
States; and
(II) where the career center de-
termines that such employee cannot
reasonably be expected to secure suit-
able employment in the commuting
area in which the worker resides.
(C) RELOCATION ALLOWANCE.—
(i) IN
GENERAL.—Relocation allow-
ances provided under paragraph (1)(G)
may only be granted to assist an eligible
individual in relocating within the United
States and only if the career center deter-
mines that such employee—
(I) cannot reasonably be expected
to secure suitable employment in the
commuting area in which the em-
ployee resides;
(II) has obtained suitable em-
ployment affording a reasonable ex-
pectation of long-term duration in the
HR 4050 IH
area in which the employee wishes to
relocate, or has obtained a bona fide
offer of such employment, and
(III) is totally separated from
employment at the time relocation
commences.
(ii) AMOUNT OF RELOCATION ALLOW-
ANCE.—The amount of any relocation al-
lowance for any eligible individual may not
exceed an amount which is equal to the
sum of—
(I) 90 percent of the reasonable
and necessary expenses, specified in
regulations prescribed by the Sec-
retary, incurred in transporting an in-
dividual and the individual’s family, if
any, and household effects, and
(II) a lump sum equivalent to 3
times the employee’s average weekly
wage in the previous job, up to a max-
imum payment specified by the Sec-
retary in regulations.
(d) EDUCATION AND TRAINING.—
(1) AVAILABLE SERVICES.—Each career center
shall make available a list of eligible providers of—
HR 4050 IH
charged with the administration of the State unem-
ployment compensation law under which such agency
will administer, on a cost-reimbursable basis, the re-
training income support payments authorized under
this subsection.
(7) CAREER CENTER ROLE.—Each career cen-
ter shall assist an individual receiving education or
training pursuant to subsection (d) in applying for
retraining income support under either part A of
title I of the Retraining Income Support Act of 1994
or this subsection depending on the program for
which such individual is eligible. If such individual is
not eligible for either program and such individual
believes income support is necessary to enable par-
ticipation in training, the career center shall assist
such individual in applying for other appropriate
sources of such income support, including student fi-
nancial aid.
(8) INFORMATION DISSEMINATION.—The career
centers shall provide individuals determined eligible
under this title with information relating to the
availability of retraining income support and the re-
quirements relating to eligibility for such support.
Such information shall include the provision, as soon
as is practicable, of information to such individuals
HR 4050 IH
(B) funds provided to a service pro-
vider under the title that are in excess of
the costs associated with the services pro-
vided; and
(C) interest income earned on funds
received under this title.
(3) For the purposes of this subsection,
each entity receiving financial assistance under
this title shall maintain records sufficient to de-
termine the amount of income received and the
purposes for which such income is expended.
(h) NOTIFICATION
AND
CONSULTATION
RE-
QUIREMENTS.—The Secretary shall notify the Gov-
ernor and the appropriate chief elected officials of,
and consult with the Governor and such officials
concerning, any activity to be funded by the Sec-
retary under this title within the State or substate
area; and the Governor shall notify the appropriate
chief elected officials of, and consult with such con-
cerning, any activity to be funded by the Governor
under this title within the substate area.
(i) 
COOPERATIVE
AGREEMENTS
BETWEEN
STATES.—In the event that compliance with provi-
sions of this title would be enhanced by cooperative
agreements between States, the consent of Congress