186
seling and planning relating to nontraditional
employment opportunities.
(E) Case management for individuals re-
ceiving education, training, and supportive serv-
ices, 
including 
periodically 
reviewing 
the
progress of the individual toward achieving em-
ployment goal of such individual.
(F) Job development.
(G) Out-of-area job search allowances.
(H) Relocation allowances.
(I) Assistance in the selection of education
and training providers.
(J) Assistance in obtaining income support
for which the individual is eligible, to enable
such individual to participate in training.
(K) Supportive services.
(L) Follow-up counseling for individuals
placed in training or employment.
(2) ADDITIONAL
REQUIREMENT.—At least 1
one-stop service provider participating in a one-stop
career system shall provide both basic services under
subsection (a) and the intensive services described in
subparagraphs (A), (B), (D), (E), (I), and (J) of
paragraph (1) to individuals participating in the
one-stop career system.
187
(c) SPECIALIZED EMPLOYER SERVICES.—
(1) IN GENERAL.—Each one-stop service pro-
vider who has entered into an operating agreement
pursuant to section 245 may provide to employers
the following services:
(A) Customized screening and referral of
individuals for employment.
(B) Customized assessment of skill levels
of the employer’s current employees.
(C) Analysis of the employer’s workforce
skill needs.
(D) Other specialized employment and
training services.
(2) JOB ORDERS.—Each one-stop career system
shall establish, pursuant to an agreement under sec-
tion 245 and in consultation with appropriate offi-
cials from the United States Employment Service, a
coordinated method for—
(A) soliciting, accepting, and disseminating
on a statewide basis, job orders submitted by
employers in the one-stop service area; and
(B) screening and referring applicants in
accordance with such orders.
(d) ADDITIONAL SERVICES.—Each one-stop service
provider who has entered into an operating agreement
188
pursuant to section 245 may make available such addi-
tional services as are specified in the written agreement
under section 245.
SEC. 244. ONE-STOP SERVICE PROVIDERS.
(a) IN GENERAL.—The administrative entity, in
agreement with the local consortium, shall establish a
process for selecting one-stop service providers described
in subsection (b) for the one-stop career system.
(b) ONE-STOP SERVICE PROVIDER DESCRIBED.—
Subject to subsection (b), for purposes of this title, the
term ‘‘one-stop service provider’’ means a public agency
or a private nonprofit organization, including—
(1) a local office of the State employment secu-
rity agency;
(2) a substate grantee under title I of this Act;
(3) a service delivery area grant recipient or ad-
ministrative entity under the Job Training Partner-
ship Act (29 U.S.C. 1501 et seq.);
(4) a community college or area vocational
school;
(5) a community-based organization;
(6) other private nonprofit and public organiza-
tions and entities, including labor organizations; or
(7) a consortium consisting of 1 or more of the
entities described in paragraphs (1) through (6).
189
(c) SPECIAL RULE.—A local office of the State em-
ployment security agency, or a consortium including such
an office, shall participate in a one-stop career system if
such office requests such participation and meets the per-
formance standards pursuant to section 262.
SEC. 245. OPERATING AGREEMENTS.
(a) IN GENERAL.—All one-stop service providers in
a one-stop career system shall enter into a single written
agreement with the administrative entity designated under
section 241(b) for the purpose of providing services under
the one-stop career system.
(b) APPROVAL AND OVERSIGHT.—
(1) IN GENERAL.—Subject to paragraph (2),
such agreement shall be subject to the approval of
the local elected official designated for the one-stop
service area. Such official shall oversee the develop-
ment of such agreement, ensure that the agreement
meets the requirements of this section, and monitor
the implementation of such agreement.
(2) PRIOR
CONSULTATION
REQUIREMENT.—
The local elected official may not approve an agree-
ment under which services are to be provided in con-
junction with services under State programs unless
such official consults with the Governor in advance
of approval.
190
(c) ANNUAL BUDGET.—The parties to the written
agreement described under subsection (a) shall supple-
ment such agreement by developing an annual budget for
the one-stop career system. Such budget shall be subject
to the approval of the local elected official designated for
the one-stop service area.
(d) CONTRACTING PROCEDURES.—The administra-
tive entity shall enter into contracts with one-stop service
providers for the provision of services under the one-stop
career system.
SEC. 246. ADDITIONAL STATE RESPONSIBILITIES.
(a) IN GENERAL.—Each State implementing a com-
prehensive statewide network of one-stop career systems
shall be responsible for developing and operating adminis-
trative and management systems that promote the effec-
tive operation of such network.
(b) MONITORING.—Each such State shall monitor
the compliance of one-stop service areas within the State
with the requirements of this title.
(c) TECHNICAL ASSISTANCE.—Each such State shall
provide such technical assistance as deemed necessary to
assist the one-stop service areas in the State to carry out
their responsibilities under this title.
(d) CUSTOMER FEEDBACK.—
191
(1) METHODS.—Each such State shall establish
methods for obtaining, on a regular basis, informa-
tion from individuals and employers who have re-
ceived services through the comprehensive statewide
network of one-stop career systems regarding the ef-
fectiveness and quality of such services, including in-
formation from various demographic groups and spe-
cial populations. Such methods may include the use
of surveys, interviews, focus groups, and other tech-
niques.
(2) ANALYSIS AND DISSEMINATION.—Each such
State shall analyze the information obtained pursu-
ant to paragraph (1) on a regular basis and provide
a summary of such information accompanied by
such analysis to—
(A) the local elected official or officials for
use in improving the quality of services pro-
vided under section 243; and
(B) the general public through the local
labor market information program established
under title III.
SEC. 247. STATE HUMAN RESOURCE INVESTMENT COUNCIL.
(a) IN GENERAL.—Not later than 3 years after the
date of the enactment of this Act, each State shall estab-
lish a State human resource investment council that meets
192
the requirements of title VII of the Job Training Partner-
ship Act (29 U.S.C. 1792 et seq.) or a similar entity estab-
lished prior to the date of the enactment of this Act that
includes representatives of employers, labor organizations,
and education and training providers. In addition to carry-
ing out the functions required under paragraphs (1)
through (3) of section 701 of such Act, the council or simi-
lar entity 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 or similar en-
tity shall advise the Governor with respect to all aspects
of the development and implementation of the comprehen-
197
Subtitle E—Waiver of Statutory
and Regulatory Requirements
SEC. 251. STATE, LOCAL CONSORTIUM, AND NATIVE AMER-
ICAN TRIBAL ENTITY REQUESTS AND RE-
SPONSIBILITIES FOR WAIVERS.
(a) STATE REQUEST FOR WAIVER.—A State that has
applied for a grant under subtitle B may submit to the
Secretary concerned a request for a waiver of 1 or more
requirements of the provisions of law referred to in section
252, or of the regulations issued under such provisions,
in order to carry out a comprehensive statewide network
of one-stop career systems established by such State. The
State may submit the request as a part of the application
described in section 223 (or as an amendment to the appli-
cation at any time after submission of the application) to
the Secretary of Labor who, in coordination with the inter-
agency task force established under section 264, shall for-
ward such request to the appropriate Secretary concerned.
Such request may include a request for different waivers
with respect to different areas within the State.
(b) LOCAL CONSORTIUM REQUEST FOR WAIVER.—
(1) IN
GENERAL.—A local consortium estab-
lished for a one-stop service area that seeks a waiver
of such a requirement shall submit an application
for such waiver to the State, and the State shall de-
198
termine whether to submit a request for a waiver to
the Secretary concerned, as provided in subsection
(a).
(2) TIME LIMIT.—
(A) IN GENERAL.—The State shall make a
determination to submit or not submit the re-
quest for a waiver under paragraph (1) not
later than 30 days after the date on which the
State receives the application from the local
consortium.
(B) DIRECT SUBMISSION.—
(i) IN GENERAL.—If the State does
not make a determination to submit or not
submit the request within the 30-day time
period specified in subparagraph (A), the
local consortium may submit the applica-
tion to the Secretary concerned.
(ii) REQUIREMENTS.—In submitting
such an application, the local consortium
shall, to the extent practicable, obtain the
agreement of the State involved to comply
with 
the 
requirements 
of 
section
252(a)(1)(C) and comply with the other re-
quirements of section 252, as appropriate,
and of subsections (d) and (e), that would
199
otherwise apply to a State submitting a re-
quest for a waiver. In reviewing such an
application, the Secretary concerned shall
comply with the requirements of such sec-
tion and such subsections that would oth-
erwise apply to the Secretary concerned
with respect to review of such a request.
(c) NATIVE AMERICAN TRIBAL ENTITY REQUEST
FOR WAIVER.—A Native American tribal entity that has
applied for a grant under subtitle B may submit to the
Secretary concerned a request for a waiver of 1 or more
requirements of the provisions of law referred to in section
252, or of the regulations issued under such provisions,
in order to carry out a one-stop career system established
by such entity.
(d) WAIVER CRITERIA.—Any such request by the
State shall meet the criteria contained in section 252 and
shall specify the provisions or regulations referred to in
such sections with respect to which the State seeks a waiv-
er.
(e) SUPPORT BY APPROPRIATE STATE AGENCIES.—
In requesting such a waiver, the State shall provide evi-
dence of support for the waiver request by the State agen-
cies or officials with jurisdiction over the provisions or reg-
ulations that would be waived.
200
SEC. 252. WAIVER AUTHORITY.
(a) GENERAL WAIVER AUTHORITY.—
(1) IN GENERAL.—Except as provided in sub-
section (b), the Secretary concerned may waive any
requirement under any provision of law referred to
in subsection (c), or of any regulation issued under
such provision, for a State or Native American tribal
entity that requests such a waiver under section
251—
(A) if, and only to the extent that, the Sec-
retary concerned determines that such require-
ment impedes the ability of the State, local con-
sortium, or Native American tribal entity, as
the case may be, to carry out the purposes of
this title;
(B) if the State or tribal entity provides
the Secretary concerned with documentation of
the necessity for the waiver, including informa-
tion concerning—
(i) the specific requirement that will
be waived;
(ii) the specific positive outcomes ex-
pected from the waiver and why those out-
comes cannot be achieved while complying
with the requirement;
201
(iii) the process that will be used to
monitor the progress of the State, local
consortium, or tribal entity, as the case
may be, in implementing the waiver; and
(iv) such other information as the
Secretary concerned may require;
(C) if the State waives, or agrees to waive,
similar requirements of State law; and
(D) if the State—
(i) has provided the State human re-
source investment council or similar entity
and all local consortia and tribal entities
that carry out programs under this title in
the State with notice and an opportunity
to comment on the proposal of the State to
seek a waiver;
(ii) provides to advocacy and civil
rights groups, and labor and business or-
ganizations an opportunity to comment on
the proposal of the State to seek a waiver
not later than 30 days after the date on
which such State decides to seek such
waiver; and
202
(iii) has submitted the comments of
the local consortium to the Secretary con-
cerned.
(2) COORDINATION WITH PRIOR AND PENDING
REQUESTS.—Prior to approving or disapproving a
request submitted by a State or Native American
tribal entity pursuant to paragraph (1), the Sec-
retary concerned shall review all prior requests sub-
mitted by such State or tribal entity and all pending
requests submitted by such State or tribal entity, as
the case may be, to each Secretary concerned to en-
sure that the approval of the request in question will
be consistent with such prior and pending requests.
(3) APPROVAL
OR
DISAPPROVAL.—The Sec-
retary concerned shall promptly approve or dis-
approve any request submitted pursuant to para-
graph (1) and shall issue a decision that shall—
(A) include the reasons for approving or
disapproving the request, including a response
to comments on the proposal; and
(B) in the case of a decision to approve the
request, be published in the Federal Register
and be disseminated by the State seeking the
waiver to interested parties, including advocacy