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dures that would be used to promote the integration
of the administration of the programs conducted by
the members of such consortium, such as procedures
to provide for the cross-training of staff, promote
the collocation of facilities, and encourage the use of
common forms and practices.
(4) RENEWAL
OF
CHARTER.—The Governor
and local elected official or officials, in consultation
with the workforce investment board, shall review
the performance of the consortium and once every
four years determine whether to renew the charter
of the consortium.
(c) MULTIPLE INDEPENDENT OPERATOR OPTION.—
(1) MULTIPLE
INDEPENDENT
OPERATORS.—
The workforce investment board shall select, in ac-
cordance with the requirements of this subsection,
two or more entities to operate one-stop career cen-
ters in the one-stop service area.
(2) ELIGIBLE ENTITIES.—Any entity or consor-
tium of entities located in the one-stop service area
may apply, in accordance with the procedures de-
scribed in paragraph (4), to be selected as a one-
stop career center operator. Such entities may in-
clude—
(A) Employment Service offices,
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(B) career center operators under title I of
this Act,
(C) service delivery area grant recipients or
administrative entities under the Job Training
Partnership Act,
(D) community colleges and area voca-
tional schools,
(E) community-based and other private
for-profit and nonprofit organizations, and
(F) other interested private and public or-
ganizations and entities.
(3) SPECIAL RULE.—If the Employment Serv-
ice, or a consortium including the Employment Serv-
ice, applies to be selected as one-stop career center
operator and such Employment Service or consor-
tium meets the selection criteria developed pursuant
to paragraph (6), the workforce investment board
shall select such Employment Service or consortium
to be one of the operators.
(4) 
PUBLICATION
OF
PROCEDURES.—The
workforce investment board, after consultation with
the Governor and local elected officials, shall pub-
lish, in a manner that is generally available, infor-
mation to notify organizations and individuals in the
one-stop service area of—
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(A) the estimated number of one-stop ca-
reer centers needed and proposed number of op-
erators to be selected in the one-stop service
area, as determined in accordance with para-
graph (5);
(B) the application procedures for any en-
tity or consortium of entities to be selected as
such center operator, including when and where
such application is to be submitted and what in-
formation such application is to contain;
(C) the criteria for selection that will be
used, as determined in accordance with para-
graph (6); and
(D) other information the workforce in-
vestment board considers relevant to the selec-
tion and administration of such center opera-
tors.
(5) NUMBER
OF
ONE-STOP
CENTER
OPERA-
TORS.—The workforce investment board shall deter-
mine the number of one-stop career center operators
to be selected in the one-stop service area. In deter-
mining the appropriate number of such operators,
which shall not be less than two, the workforce in-
vestment board shall take into account—
(A) the size of the labor market;
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(B) the number of customers who will po-
tentially use the one-stop career centers, includ-
ing unemployed and discouraged workers, em-
ployed workers, economically disadvantaged in-
dividuals, students, out-of-school youth, older
workers, veterans, and employers;
(C) the number and capabilities of poten-
tial operators; and
(D) equitable access to centers by seg-
ments of the population within the one-stop
service area.
(6) SELECTION CRITERIA.—
(A) OBJECTIVE FACTORS.—The workforce
investment board, consistent with guidelines is-
sued by the Secretary, shall use objective cri-
teria and performance measures in assessing
applications submitted for selection as a one-
stop career center operator.
(B) CONTENTS.—An applicant may not be
selected as a one-stop career center operator
under this title unless such applicant dem-
onstrates to the satisfaction of the workforce in-
vestment board the ability to establish a one-
stop career center or centers that would—
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(i) provide the services described in
section 214;
(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 217;
(iv) ensure effective fiscal and pro-
gram management;
(v) administer the process of referring
participants to education and training
services in an objective and equitable man-
ner; and
(vi) provide services on a nondiscrim-
inatory basis to the population in the one-
stop service area.
(7) SINGLE OPERATOR EXCEPTION.—Notwith-
standing the number of operators to be selected pur-
suant to paragraph (5), if only one applicant meets
the selection criteria developed pursuant to para-
graph (6), the workforce investment board may se-
lect the single applicant to operate the one-stop ca-
reer center system.
(8) PERIOD OF SELECTION.—The workforce in-
vestment board shall select one-stop career center
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operators pursuant to the requirements of this sub-
section once every four years.
(d) CHARTERS.—The workforce investment board
shall issue a charter to each one-stop career center des-
ignated pursuant to this section. Such charter shall—
(1) identify the number and location of the one-
stop career centers in the one-stop service area.
(2) identify the entity or entities operating the
one-stop career centers;
(3) provide for the display of the one-stop ca-
reer center national logo developed pursuant to sec-
tion 243(c); and
(4) include such other conditions as the
workforce investment board determines is appro-
priate.
(e) ENFORCEMENT
OF HONEST BROKER FUNC-
TIONS.—The workforce investment board shall review, not
less than once each program year, the education and train-
ing referral practices of any one-stop career center that
is operated by an entity that concurrently provides edu-
cation and training services to participants under this
title. If the workforce investment board determines that
such center has engaged in a pattern of inappropriate re-
ferrals to the education and training services provided by
the operator of such center, the Board may terminate the
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charter to operate such center or may require such opera-
tor to cease providing education and training services to
participants under this title as a condition for continuing
to operate such center.
SEC. 214. SERVICES TO BE PROVIDED THROUGH ONE-STOP
CAREER CENTERS.
(a) BASIC SERVICES.—Each one-stop career center
established pursuant to this title shall make available to
the public free of charge the following basic services:
(1) Outreach to make individuals aware of, and
encourage the use of, employment and training serv-
ices, including efforts to expand awareness of train-
ing and placement opportunities for limited-English
proficient individuals, disadvantaged youth and
adults, and individuals with disabilities.
(2) Intake and orientation to the information
and services available through such center.
(3) Assistance in filing an initial claim for un-
employment compensation.
(4) 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.
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(5) 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.
(6) Job search assistance, including resume and
interview preparation, and workshops.
(7) Job referral and job placement assistance.
(8) Information relating to job training and
education programs (including student financial as-
sistance), including the eligibility requirements of
and services provided by such programs, the avail-
ability and quality of such programs, and referrals
to such programs where appropriate.
(9) Information collected pursuant to the per-
formance standards and customer feedback require-
ments of section 217.
(10) Assistance in evaluating whether such indi-
viduals are likely to be eligible for any program par-
ticipating in the career center.
(11) Information relating to programs and pro-
viders of dependent care and other supportive serv-
ices available in the local area.
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(12) Soliciting and accepting job orders submit-
ted by employers in the one-stop service area, and
screening and referring applicants in accordance
with such orders.
(b) INTENSIVE SERVICES.—Each one-stop career
center established pursuant to this title shall make avail-
able to participants in the program described under title
I of this Act who are unable to obtain employment through
the basic services described in subsection (a), and may
make available to other individuals, in accordance with the
written agreement developed pursuant to section 216, the
following intensive services:
(1) Comprehensive and specialized assessments
of the skill levels and service needs of individuals,
which may include—
(A) diagnostic testing and other assess-
ment tools; and
(B) in-depth interviewing and evaluation to
identify employment barriers and appropriate
employment goals.
(2) The development of an individual reemploy-
ment plan, which shall identify the employment goal
(including in appropriate circumstances, nontradi-
tional employment), appropriate achievement objec-
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tives, and the appropriate combination of services
for a participant to achieve the employment goal.
(3) Group counseling, including peer counseling,
which may be available to individuals jointly with
their immediate families, and which may include
counseling relating to stress management and finan-
cial management and which shall be a basic service
for participants in the program established under
title I of this Act.
(4) Individualized counseling and career plan-
ning, including peer counseling and counseling and
planning relating to nontraditional employment op-
portunities.
(5) Case management for individuals receiving
education, training and supportive services, includ-
ing periodically reviewing the individual’s progress
toward achieving his or her employment goal.
(6) Job development.
(7) Out-of-area job search allowances.
(8) Relocation allowances.
(9) Assistance in the selection of education and
training providers.
(10) Assistance in obtaining income support for
which the individual is eligible, to enable such indi-
vidual to participate in training.
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(11) Supportive services.
(12) Follow-up counseling for individuals placed
in training or employment.
(c) SPECIALIZED EMPLOYER SERVICES.—Each one-
stop career center established pursuant to this title may
provide to employers the following services—
(1) customized screening and referral of individ-
uals for employment;
(2) customized assessment of skill levels of the
employer’s current employees;
(3) analysis of the employer’s workforce skill
needs; and
(4) other specialized employment and training
services.
(d) ADDITIONAL SERVICES.—Each one-stop career
center established pursuant to this title may make avail-
able such additional services as are specified in the written
agreement under section 216.
(e) FEES.—
(1) IN GENERAL.—(A) Except as provided in
subparagraph (B), each one-stop career center may
charge fees for the services described in subsections
(b), (c) and (d) if such fees are approved by the
workforce investment board.
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(B) No fees may be charged to an individual for
any service which such individual is eligible to re-
ceive free of charge under any participating program
described in section 215 unless there are no funds
available under such program to provide such serv-
ices.
(2) PROGRAM INCOME.—All program income re-
ceived by a one-stop career center that is operated
by a public or private non-profit entity from the fees
collected pursuant to paragraph (1) shall be used to
expand or enhance the services provided by such
center.
SEC. 215. PARTICIPATING PROGRAMS.
(a) MANDATORY PROGRAMS.—
(1) IN GENERAL.—Subject to the provisions of
paragraph (2), the following programs shall make
available to participants through the one-stop career
centers the services described in section 214(a) that
are applicable to such program and shall participate
in the operation of such centers as a party to the
agreement described in section 216—
(A) programs authorized under title I of
this Act;
(B) programs authorized under the Wag-
ner-Peyser Act;
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(C) programs authorized under chapter 41
of title 38, United States Code;
(D) programs authorized under title II of
the Job Training Partnership Act;
(E) programs authorized under title V of
the Older Americans Act; and
(F) programs authorized under Federal
and State unemployment compensation laws.
(2) ADDITIONAL CONDITIONS.—
(A) The programs authorized under title I
of this Act shall provide the services described
in subsections (a) and (b) of section 214
through the one-stop career centers, which shall
replace the career centers established pursuant
to section 118 of this Act.
(B) The program authorized under the
Wagner-Peyser Act shall provide the applicable
services described in subsections (a) and (b) of
section 214 only through the one-stop career
centers.
(C) The program authorized under chapter
41 of title 38, United States Code, shall make
available through the one-stop career centers
the applicable services described in subsections
(a) and (b) of section 214, and may, in addi-
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tion, provide such services through other loca-
tions.
(D) The programs described under sub-
paragraphs (C), (D), (E), and (F) of paragraph
(1) may, in addition to providing applicable
services under section 214(a) through the one-
stop career centers, provide such services
through other locations and service providers.
(E) The programs described in paragraph
(1) may provide additional services through the
one-stop career centers in accordance with the
written agreement described in section 216.
(b) VOLUNTARY.—In addition to the programs de-
scribed in subsection (a), other human resource programs
may provide services through the one-stop career centers
and participate in the operation of such centers as a party
to the agreement described in section 216 if the workforce
investment board, local elected official or officials, the
Governor, and other participating programs approve such
participation. Such programs may include programs au-
thorized under—
(1) part F of title IV of the Social Security Act
(the Job Opportunities and Basic Skills (JOBS)
program);
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(2) section 6(d)(4) of the Food Stamp Act of
1977 (the Food Stamp Employment and Training
Program);
(3) part B of title IV of the Job Training Part-
nership Act (Job Corps);
(4) programs authorized under title IV–C of the
Job Training Partnership Act;
(5) the Carl D. Perkins Vocational and Applied
Technology Education Act;
(6) the Adult Education Act;
(7) the Vocational Rehabilitation Act; and
(8) the School-to-Work Opportunities Act.
SEC. 216. OPERATING AGREEMENTS.
(a) IN GENERAL.—The one-stop career center opera-
tors selected pursuant to section 213 shall enter into a
written agreement with the workforce investment board
and participating programs described in section 215 con-
cerning the operation of the one-stop career centers. Such
agreement shall be subject to the approval of the local
elected official and the Governor, who shall oversee the
development of such agreement, ensure that the agree-
ment meets the requirements of this section, and monitor
the implementation of such agreement.
(b) CONTENTS.—The written agreement required
under subsection (a) shall contain the following:
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(1) The services to be provided by the centers,
consistent with section 214, and the extent to which
participating programs will provide services to pro-
gram participants through such centers, consistent
with section 215.
(2) Methods for referral of individuals by the
one-stop career centers to the appropriate services
and programs.
(3) The financial and nonfinancial contributions
to be made to the centers by each participating pro-
gram, which shall be based on factors including the
number of participants served by the centers from
each participating program and the quality of serv-
ices provided.
(4) The financial liability of the respective par-
ties relating to the funds contributed by the partici-
pating programs.
(5) The financial contributions to be made for
the administration of the workforce investment
board by each participating program.
(6) Methods of administration, including provi-
sions for monitoring and oversight of the centers
and of this agreement.
(7) A description of how services are to be pro-
vided by the centers, such as the methods and ap-
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propriate test instruments to be used to assess the
skill levels of individuals.
(8) The procedures to ensure the utilization of
a common local job bank.
(9) The procedures to be used to ensure compli-
ance with the statutory and regulatory requirements
of the participating programs.
(10) The duration of the agreement and the
procedures for amending the agreement during its
term.
(11) Such other provisions, consistent with the
requirements of this title, that the parties deem ap-
propriate.
(c) ONE-STOP CAREER CENTER AND BOARD BUDG-
ETS.—The parties to the written agreement described
under subsection (a) shall supplement the written agree-
ment by developing an annual budget for the one-stop ca-
reer centers and the workforce investment board. The
budget for the board shall be subject to the approval of
the local elected official. The budget for the career centers
shall be subject to approval of the local elected official and
the Governor.
SEC. 217. QUALITY ASSURANCE SYSTEMS.
(a) PERFORMANCE STANDARDS.—
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(1) IN
GENERAL.—The Secretary, after con-
sultation with the Governors, workforce investment
boards, and one-stop career center operators, shall
prescribe performance standards relating separately
to the one-stop career centers and the workforce in-
vestment boards established under this title. Such
standards shall be based on factors the Secretary de-
termines are appropriate, which may include:
(A) in the case of one-stop career cen-
ters—
(i) placement, retention and earnings
of participants in unsubsidized employ-
ment, including—
(I) wages and benefits at a speci-
fied period after termination from the
program,
(II) full-time and part-time em-
ployment, and
(III) comparability of wages at a
specified 
period 
after 
termination
from the program with wages prior to
participation in the program;
(ii) the provision of services to hard-
to-serve populations such as individuals
who are basic skills deficient, school drop-
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outs, individuals with disabilities, older
workers with obsolete skills, economically
disadvantaged individuals, and others who
face serious barriers to employment;
(iii) acquisition of skills pursuant to a
skill standards and skill certification sys-
tem endorsed by the National Skill Stand-
ards Board established under the Goals
2000: Educate America Act;
(iv) satisfaction of participants with
services provided and the employment out-
comes;
(v) satisfaction of employers with job
performance of individuals placed; and
(vi) measures of the cost efficiency of
the one-stop career centers;
(B) in the case of the workforce invest-
ment boards—
(i) job openings received from employ-
ers, including the proportion of employers
in the one-stop service area that list jobs
with the one-stop career centers;
(ii) job opening filled through the one-
stop career centers; and
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(iii) the overall performance of the ca-
reer centers in the one-stop service area.
(2) 
ADJUSTMENTS.—Each 
Governor 
shall,
within parameters established by the Secretary, pre-
scribe adjustments to the performance standards
prescribed under paragraph (1) for the one-stop ca-
reer centers and workforce investment boards estab-
lished in the State based on—
(A) specific economic, geographic and de-
mographic factors in the State and in one-stop
service areas within the State; and
(B) the characteristics of the population to
be served, including the demonstrated difficul-
ties in serving special populations.
(3) FAILURE TO MEET STANDARDS.—
(A) UNIFORM
CRITERIA.—The Secretary
shall establish uniform criteria for determining
whether a one-stop career center or workforce
investment board fails to meet performance
standards under this section.
(B) TECHNICAL
ASSISTANCE.—The Gov-
ernor shall provide technical assistance to one-
stop career centers and workforce investment
boards failing to meet performance standards
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under the uniform criteria established under
paragraph (1).
(C) REPORT
ON
PERFORMANCE.—Each
Governor shall include in the report to the Sec-
retary the final performance standards and per-
formance for each one-stop career center and
workforce investment board within the State,
along with the technical assistance planned and
provided as required under subparagraph (B).
(D) REVOCATION OF CHARTER.—If a one-
stop career center continues to fail to meet such
performance standards for two consecutive pro-
gram years, the Governor shall notify the Sec-
retary and the one-stop career center of the
continued failure, and the workforce investment
board shall—
(i) in the case of one-stop career cen-
ter selected pursuant to the multiple inde-
pendent operator option, terminate the op-
erating agreement and select another en-
tity as the one-stop career center consist-
ent with the procedures described in sec-
tion 213(b); and
(ii) in the case of a one-stop career
center operated under the consortium op-
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tion, terminate the operating agreement to
operate such center and to select another
entity as one-spot career center, consistent
with the procedures described in section
213(b).
(E) CORRECTIVE ACTION FOR BOARDS.—If
a workforce investment board continues to fail
to meet such performance standards for two
consecutive program years, the Governor shall
notify the Secretary and the workforce invest-
ment board of the continued failure, and
shall—
(i) replace the members of such board,
(ii) direct the board to replace staff,
(iii) direct the board to replace the
chairperson, or
(iv) take such other action as the Gov-
ernor determines in appropriate.
(F) APPEAL.—(i) A one-stop career center
operator that is the subject of a revocation
under subparagraph (D) or a workforce invest-
ment board that is subject to sanctions under
subparagraph (E) may, within thirty days after
receiving notice thereof and pursuant to criteria
established by the Secretary, appeal to the Gov-
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ernor to rescind such action. The Governor
shall issue a decision on the appeal within thir-
ty days of its receipt.
(ii) A one-stop career center operator or
workforce investment board that receives an ad-
verse decision under an appeal filed pursuant to
clause (i) may, within thirty days, appeal to the
Secretary. The Secretary shall issue a decision
on the appeal within thirty days of its receipt.
(b) CUSTOMER FEEDBACK.—
(1) METHODS.—Each workforce investment
board shall establish methods for obtaining, on a
regular basis, information from individuals and em-
ployers who have received services through a one-
stop career center regarding the effectiveness and
quality of such services. Such methods may include
the use of surveys, interviews, focus groups, and
other techniques.
(2) 
ANALYSIS
AND
DISSEMINATION.—Each
workforce investment board shall analyze the infor-
mation obtained pursuant to paragraph (1) on a reg-
ular basis and provide a summary of such informa-
tion accompanied by such analysis to the one-step
career center for use in improving the quality of
services provided under this title.
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SEC. 218. STATE HUMAN RESOURCE INVESTMENT COUNCIL.
(a) IN GENERAL.—Each State shall establish a state
human resource investment council that meets the require-
ments of title VII of the Job Training Partnership Act.
In addition to carrying out the functions required under
paragraphs (1)–(3) of section 701 of such Act, the Council
shall—
(1) identify the human investment needs in the
State and recommend to the Governor goals for
meeting such needs;
(2) recommend to the Governor goals for the
development and coordination of the human resource
system in the State;
(3) prepare and recommend to the Governor a
strategic plan to accomplish the goals developed pur-
suant to paragraphs (2) and (3); and
(4) monitor the implementation of and evaluate
the effectiveness of the strategic plan prepared pur-
suant to paragraph (3).
(b) ONE-STOP FUNCTION.—In addition to the func-
tions described in subsection (a), the council shall advise
the Governor with respect to all aspects of the develop-
ment and implementation of the one-stop career center
system authorized under this title, including—
(1) assessing the needs of the State with regard
to—
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(A) current and projected demand for
workers by occupation;
(B) skill levels of the workforce and the
needs of business for a skilled workforce;
(C) economic development needs of the
State; and
(D) the type and availability of workforce
preparation and development programs in the
State;
(2) providing advice to the Governor on the des-
ignation of one-stop service areas within the State;
(3) developing measures of effectiveness for the
workforce investment boards;
(4) facilitating the provision through appro-
priate State agencies of grants and technical assist-
ance to workforce investment boards;
(5) developing a mechanism for waiving State
rules and provisions of law with respect to workforce
investment programs; and
(6) developing a strategy to collect and utilize
information on the effectiveness of workforce invest-
ment programs, and that of individual service pro-
viders, and to share such information with cus-
tomers of such programs.
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PART B—GRANTS AND WAIVERS TO PROMOTE
THE DEVELOPMENT AND IMPLEMENTATION
OF ONE-STOP CAREER CENTER SYSTEM
SEC. 231. STATE PLANNING AND DEVELOPMENT GRANTS.
(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to establish a program of competitive grants to
States to assist in the planning and development of a com-
prehensive Statewide network of one-stop career centers.
(b) APPLICATION.—
(1) IN GENERAL.—Any State desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and con-
taining such information as the Secretary may rea-
sonably require.
(2) CONTENTS OF APPLICATION.—The applica-
tion for a grant submitted pursuant to paragraph
(1) shall at a minimum include—
(A) a timetable and estimate of the
amount of funds needed to complete the plan-
ning and development necessary to implement a
Statewide system of one-stop career centers,
which includes the components described in
part A; and
(B) a description of the manner in which
the Governor, local elected officials, community
and business leaders, representatives of employ-
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ees representatives of voluntary organizations,
representatives of the programs described in
section 215, service providers and other inter-
ested organizations and individuals will work to-
gether in the planning and development of a
one-stop career center system.
(c) USE OF FUNDS.—Funds awarded under this sec-
tion may be used to carry out the following activities—
(1) identifying and establishing an appropriate
State structure to administer the one-stop career
center network within the State;
(2) identifying and establishing board-based
partnerships among employers, labor, education,
State and local government, and community-based
organizations to participate in the design, develop-
ment, and administration of a one-stop career center
system;
(3) developing a plan to establish a State
Human Resource Investment Council and local
workforce investment boards;
(4) developing the process for chartering one-
stop career centers;
(5) supporting local one-stop career center plan-
ning and development activities to provide guidance
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in the development of a one-stop career center sys-
tem;
(6) initiating pilot programs for testing key
components of State program design, such as de-
signing and testing common intake forms for partici-
pating programs;
(7) analyzing State and local labor markets and
the operation of the current labor exchange and
labor market intermediaries, to inform the design of
the new system;
(8) analyzing current statutory and regulatory
impediments to the establishment of a one-stop ca-
reer center system, and preparing requests to waive
statutory or regulatory requirements;
(9) preparing the plan required for submission
of an application for an Implementation Grant
under section 232; and
(10) other appropriate activities.
SEC. 232. STATE IMPLEMENTATION GRANTS.
(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to establish a program of competitive grants to
States to assist in the implementation of a comprehensive
statewide system of one-stop career centers.
(b) APPLICATION.—
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(1) IN GENERAL.—Any State desiring a grant
under this section shall, with the agreement of the
local elected officials from the one-stop service areas
identified in paragraph (3)(C) that will immediately
begin implementation of the one-stop career center
system, submit an application to the Secretary at
such time, in such manner, and containing such in-
formation as the Secretary may reasonably require.
(2) CONTENTS OF APPLICATION.—The applica-
tion for a grant submitted pursuant to paragraph
(1) shall, at a minimum, include—
(A) a plan for a comprehensive, Statewide
one-stop career center system that includes the
components described in part A;
(B) a request in accordance with section
233, if any, for one or more waivers of statu-
tory or regulatory requirements relating to the
programs described in section 233(c);
(C) such other information as the Sec-
retary may require.
(3) CONTENTS OF STATE PLAN.—A State plan
shall—
(A) designate a fiscal agent to receive and
be accountable for implementation grant funds
awarded under this section and describe how
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the State intends to manage the funds awarded
under this section at the State and local levels;
(B) identify the one-stop service areas that
have been designated within the State pursuant
to section 212(a);
(C) identify the one-stop service areas in
the State that will immediately begin implemen-
tation of the one-stop career center system, and
the schedule for implementation for the remain-
ing areas of the State;
(D) identify the workforce development
programs that will participate in the one-stop
career centers, consistent with section 215;
(E) describe the method by which one-stop
career centers will be selected, consistent with
section 213;
(F) describe the performance standards
that the State intends to meet;
(G) describe the procedure by which the
Governor, local elected officials, officials admin-
istering participating programs, and other ap-
propriate officials, will collaborate in the imple-
mentation of the statewide one-stop career cen-
ter system;
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(H) describe the manner in which the
State has obtained and will continue to obtain
the active and continued involvement, in the
statewide one-stop career center system, of em-
ployers (including small businesses) and other
interested parties such as secondary schools and
post-secondary educational institutions (or re-
lated agencies), business associations, employ-
ees, labor organizations or associations of such
organizations, community-based organizations,
economic development organizations, rehabilita-
tion agencies and organizations, registered ap-
prenticeship 
agencies, 
vocational 
education
agencies, State or regional cooperative edu-
cation associations, human service agencies, and
education, employment and training service pro-
viders;
(I) describe the manner in which the State
will ensure equitable opportunities for job-
seekers, students, and employers in the State to
receive services from one-stop career centers;
(J) if the State has already undertaken a
one-stop service initiative, describe how such
initiative will be integrated into the Statewide
one-stop career center system under this title;
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(K) describe the administrative and man-
agement systems that will be used in the State;
and
(L) describe the resources that the State
intends to employ in maintaining the one-stop
career center system when funds under this
title are no longer available.
(c) FACTORS TO BE AWARDED SPECIAL CONSIDER-
ATION.—An applicant shall be awarded special consider-
ation in the evaluation of a grant application under this
section with respect to the following factors—
(1) the extent to which the one-stop service
areas in the State are based on labor market areas;
(2) the number of Federal programs that will
participate in the one-stop career centers;
(3) the extent to which the Job Opportunities
and Basic Skills program (commonly referred to as
JOBS) authorized under title IV–F of the Social Se-
curity Act and programs authorized under the Carl
Perkins Vocational and Applied Technology Edu-
cation Act will participate in the one-stop career
centers;
(4) the extent to which a State has already im-
plemented the components of the one-stop career
center system described in part A;
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(5) the proportion of population of the State
that is covered by the one-stop service areas that
have agreed to immediately implement the one-stop
career center system, and
(6) the extent to which a State demonstrates a
commitment to ensuring that the one-stop career
center operations in the State will enhance access to
the services described in section 214(a) through sup-
plementary methods such as kiosks based in shop-
ping centers, libraries, community colleges and other
community organizations, and through personal tele-
phones or computer lines.
(d) REVIEW OF APPLICATIONS.—The Secretary shall
determine whether to approve the State’s plan, and, if
such determination is affirmative, further determine
whether to take one or a combination of the following ac-
tions—
(1) award an implementation grant;
(2) approve the State’s request, if any, for a
waiver in accordance with the procedures in section
233 of this Act; and
(3) inform the State of the opportunity to apply
for further development funds, except that further
development funds may not be awarded to a State
that receives an implementation grant.
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(e) LIMITATION.—No funds provided pursuant to a
grant under this section may be expended to construct new
buildings.
(f) DURATION OF GRANTS.—Grants awarded under
this section shall be for a one year period and shall be
renewable for each of the two succeeding fiscal years if
the Secretary determines that the State is making satis-
factory progress in the implementation of the Statewide
one-stop career center plan.
SEC. 233. WAIVER OF FEDERAL STATUTORY AND REGU-
LATORY REQUIREMENTS.
(a) STATE REQUEST FOR WAIVER.—A State may, at
any point during the development or implementation of
a one-stop career center system, request a waiver of one
or more statutory or regulatory provisions from the Sec-
retary in order to carry out the purposes of this title.
(b) WAIVER CRITERIA.—
(1) Except as provided in subsection (d), the
Secretary may waive any requirement of any statute
listed in subsection (c)(1) or regulations issued
under such statute, or, with the concurrence of the
Director of the Office of Management and Budget,
any circular listed in subsection (c)(2) or regulations
issued under such circular, for any State that re-
quests such a waiver—
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(A) if such State submits a plan for a com-
prehensive, Statewide one-stop career center
system that—
(i) either—
(I) includes the components de-
scribed in part A; or
(II) while not including all of the
components described in part A, dem-
onstrates that such one-stop system
will substantially achieve the objec-
tives of this title; and
(ii) includes such other information as
the Secretary may reasonably require, such
as the information required under a State
plan pursuant to section 232(b)(3);
(B) if, and only to the extent that, the Sec-
retary determines that such requirement im-
pedes the ability of the State to carry out the
purposes of this title;
(C) if the State waives, or agrees to waive,
similar requirements of State law; and
(D) if the State—
(i) has provided a notice and an op-
portunity for the State council or State
Human Resource Investment Council and
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other interested entities and individuals to
comment on the State’s proposal to seek a
waiver; and
(ii) has submitted the comments re-
quired pursuant to clause (i) to the Sec-
retary.
(2) The Secretary shall act promptly on any re-
quest submitted pursuant to paragraph (1).
(3) Each waiver approved pursuant to this sub-
section shall be for a period not to exceed four years,
except that the Secretary may extend such period if
the Secretary determines that the waiver has been
effective in enabling the State to carry out the pur-
poses of this title.
(c) INCLUDED PROGRAMS.—
(1) STATUTES.—The statutes subject to the
waiver authority of this section are as follows—
(A) title I of this Act;
(B) the Job Training Partnership Act;
(C) the Wagner-Peyser Act;
(D) title V of the Older Americans Act;
(E) title III of the Social Security Act; and
(F) chapter 41 of title 38, United States
Code.
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(2) CIRCULARS AND RELATED REGULATIONS.—
The following circulars promulgated by the Office of
Management and Budget subject to the waiver au-
thority of this section are as follows—
(A) A–87, relating to cost principles for
State and local governments;
(B) A–102, relating to grants and coopera-
tive agreements with State and local govern-
ments;
(C) A–122, relating to non-profit organiza-
tions; and
(D) 29 CFR 97, uniform administrative
regulations for grants and cooperative agree-
ments to State and local governments.
(d) WAIVERS NOT AUTHORIZED.—The Secretary of
Labor may not waive any statutory or regulatory require-
ment of the programs listed in subsection (b) relating to—
(1) the basic purposes or goals of the affected
programs;
(2) maintenance of effort;
(3) the formula allocation of funds under the
affected programs;
(4) the eligibility of an individual for participa-
tion in the affected programs;
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(5) public health or safety, labor standards,
civil rights, occupational safety and health, or envi-
ronmental protection; and
(6) prohibitions or restrictions relating to the
construction of buildings or facilities.
(e) TERMINATION OF WAIVERS.—The Secretary shall
periodically review the performance of any State for which
the Secretary has granted a waiver and shall terminate
the waiver under this section if the Secretary determines
that the performance of the State affected by the waiver
has been inadequate to justify a continuation of the
waiver, or the State fails to waive similar requirements
of State law as required or agreed to in accord with sub-
section (b)(1)(C).
(f) PLAN FOR GENERAL WAIVER OF CIRCULAR PRO-
VISIONS.—
(1) DEVELOPMENT OF PLAN.—If the Secretary
determines there is sufficient information available,
based on applications received pursuant to this sec-
tion or other information, to identify provisions of
the circulars or related regulations listed in sub-
section (c)(2) that would consistently impede the im-
plementation of a one-stop career center system, the
Secretary shall submit a plan to the Director of the
Office of Management and Budget to authorize the
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Secretary to grant a general waiver of such provi-
sions for areas implementing one-stop career center
systems.
(2) APPROVAL OF PLAN.—The Director of the
Office of Management and Budget may approve the
plan submitted pursuant to paragraph (1) and au-
thorize the Secretary to grant general waivers of the
provisions of the circulars and related regulations in
accordance with such plan if the Director determines
such plan would not jeopardize the integrity of Fed-
eral funds and would be consistent with the objec-
tives of this title.
SEC. 234. POOLING OF ADMINISTRATIVE RESOURCES.
(a) SUBMISSION OF PLAN.—
(1) IN GENERAL.—At any point in the imple-
mentation of a one-stop career center system, a
State may, on behalf of one or more one-stop service
areas in the State, submit a plan to the Secretary
for the pooling of administrative funds available to
such area under two or more of the programs de-
scribed in section 215(a).
(2) COMPONENTS OF POOLING.—Under a plan
submitted pursuant to paragraph (1), each partici-
pating program described in section 215(a) may pro-
pose to transfer administrative funds to the one-stop
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career center system and to allocate the amount
transferred to the costs of administration under such
program at the time of such transfer. Pursuant to
such plan, further allocation of the expenditure of
such funds to the participating program shall not be
required subsequent to the transfer of the funds to
the one-stop career center system. Administrative
funds that are transferred under such plan shall
only be expended for the costs of administering al-
lowable activities under the one-stop career center
system.
(b) APPROVAL OF PLAN.—Notwithstanding section
1301 of title 31, United States Code, or any other provi-
sion of law, the Secretary may approve a plan for the pool-
ing of administrative funds submitted pursuant to sub-
section (a) if the Secretary determines such plan would
not jeopardize the administration of the participating pro-
grams transferring such funds and would facilitate the im-
plementation of the one-stop career center system. After
approval of such plan, the Secretary shall regularly review
the performance of the one-stop service areas operating
under such plans and shall rescind such approval if the
Secretary determines that the performance of the one-stop
service area has been inadequate to justify continuation
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of the plan or there has been a significant adverse effect
on the participating programs.
(c) SESA REAL PROPERTY.—
(1) IN GENERAL.—Upon the approval of the
Governor, real property in which, as of July 1, 1995,
equity has resulted from funds provided under title
III of the Social Security Act, section 903(c) of the
Social Security Act (commonly referred to as the
Reed Act), or the Wagner-Peyser Act, may be used
for the purposes of a one-stop career center.
(2) LIMITATION.—Unless otherwise provided in
a plan approved pursuant to subsection (b), subse-
quent to the commencement of the use of the prop-
erty described in paragraph (1) for the purposes of
a one-stop career center, funds provided under the
provisions of law described in paragraph (1) may
only be used to acquire further equity in such prop-
erty, or to pay operating and maintenance expenses
relating to such property, in proportion to the extent
of the use of such property attributable to the activi-
ties authorized under such provisions of law.
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PART C—ADDITIONAL ACTIVITIES IN SUPPORT
OF ONE-STOP CAREER CENTER SYSTEMS
SEC. 251. CUSTOMER SERVICE COMPACT.
The Secretary shall establish a process with each
State implementing a one-stop career center system under
this title, which shall include an annual meeting, to pro-
mote the development of a customer service compact
among the parties administering such system. Such com-
pact shall include an informal agreement between the Sec-
retary, Governor, each workforce investment board, and
each one-stop career center relating to—
(1) the shared goals and values that will govern
the administration of the system;
(2) the respective roles and responsibilities of
each party in enhancing the provision of services to
participants, including ensuring that such services
are tailored to the particular needs of participants in
each local area;
(3) methods for ensuring that the satisfaction
of participants with the services received is a pri-
mary consideration in the administration of the sys-
tem; and
(4) such other matters as the parties determine
are appropriate.
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SEC. 252. ADDITIONAL STATE RESPONSIBILITIES.
(a) IN GENERAL.—Each State implementing a one-
stop career center system under this title shall be respon-
sible for developing and operating administrative and
management systems that promote the effective operation
of the one-stop career center system.
(b) MONITORING.—Each State implementing a one-
stop career center system under this title shall monitor
the compliance of workforce investment boards within the
State with the requirements of this title.
(c) TECHNICAL ASSISTANCE.—Each State imple-
menting a one-stop career center system under this title
shall provide such technical assistance as deemed nec-
essary to assist the workforce investment boards to carry
out their responsibilities under this title.
SEC. 253. ADDITIONAL FEDERAL RESPONSIBILITIES.
(a) OVERSIGHT.—The Secretary is authorized to
monitor all recipients of financial assistance under this
title to determine whether they are complying with the
provisions of this title.
(b) CAPACITY BUILDING AND TECHNICAL ASSIST-
ANCE.—The Secretary shall provide staff training and
technical assistance to States, workforce investment
boards, one-stop career centers, communities, business
and labor organizations, service providers, industry con-
sortia, and other entities, to enhance their capacity to de-