151
other applicable provisions of title 18 of the United States
Code.
SEC. 210. DEFINITIONS.
For purpose of this part—
(1) the term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, and
the Virgin Islands;
(2) the term ‘‘State agency’’ means the agency
of the State which administers the State law;
(3) the term ‘‘State law’’ means the unemploy-
ment compensation law of the State approved by the
Secretary of Labor under section 3304 of the Inter-
nal Revenue Code of 1986;
(4) the term ‘‘applicable State law’’ means the
State law of the State in which the individual filed,
and became eligible, for unemployment compensa-
tion;
(5) the term ‘‘unemployment compensation’’
means the unemployment compensation payable to
an individual under any State law or Federal unem-
ployment compensation law, including chapter 85 of
title 5, United States Code and the Railroad Unem-
ployment Insurance Act;
(6) the term ‘‘week’’ means a week as defined
in the applicable State;
152
(7) the term ‘‘benefit period’’ means, with re-
spect to an individual—
(A) the benefit year and any ensuing pe-
riod, as determined under the applicable State
law, during which the individual is eligible for
regular compensation, additional compensation,
or extended compensation; or
(B) the equivalent to such a benefit year
or ensuing period provided for under the appli-
cable Federal unemployment compensation law;
(8) the term ‘‘on-the-job’’ training means train-
ing provided by the employer to an individual who
performs services for remuneration for the employer;
(9) the term ‘‘Secretary’’ means the Secretary
of Labor;
(10) the term ‘‘permanently laid-off’’ means a
layoff under which a recall is not expected within 26
weeks;
(11) the term ‘‘extended unemployment com-
pensation’’ means compensation (including com-
pensation payable pursuant to chapter 85 of title 5)
payable for weeks of unemployment beginning in an
extended benefit period to an individual under those
provisions of a State law which satisfy the require-
ments of the Federal-State Extended Unemployment
153
Compensation Act of 1970 with respect to the pay-
ment of extended compensation; and
(12) the term ‘‘additional compensation’’ means
compensation payable by reason of conditions of
high unemployment or other special factors to indi-
viduals who have exhausted their unemployment
compensation.
SEC. 211. REGULATIONS.
The Secretary shall prescribe such regulations as may
be necessary to carry out the provisions of this part.
SEC. 212. EFFECTIVE DATE.
The provisions of this part shall take effect on July
1, 1995.
PART B—RETRAINING INCOME SUPPORT
ACCOUNT
SEC. 221. ESTABLISHMENT OF RETRAINING INCOME SUP-
PORT ACCOUNT.
Title IX of the Social Security Act is amended by
adding after section 910 the following section:
‘‘SEC. 911. RETRAINING INCOME SUPPORT ACCOUNT.
‘‘(a) ESTABLISHMENT OF ACCOUNT.—There is here-
by established in the Unemployment Trust Fund a Re-
training Income Support Account. For the purposes pro-
vided for in section 904(e), such account shall be main-
tained as a separate book account.
154
‘‘(b) TRANSFERS TO ACCOUNT.—
‘‘(1) TRANSFER OF TAX RECEIPTS.—The Sec-
retary of the Treasury shall transfer (as of the close
of each month) from the employment security ad-
ministration account to the retraining income sup-
port account established by subsection (a) an
amount equal to one fifth of the tax collected under
section 3301 of the Internal Revenue Code of 1986,
(exclusive of any increased revenue that is the result
of a loss of the tax credit permitted under sub-
sections (a) or (b) of section 3302 of the Internal
Revenue Code of 1986 or a tax credit reduction
under paragraphs (2) or (3) of subsection 3302(c) of
such code) and covered into the Treasury.
‘‘(2) LIMITATION ON TRANSFERS.—The amount
transferred pursuant to paragraph (1) in the follow-
ing fiscal years shall not exceed the amounts listed
in the following table:
‘‘Fiscal year
Amount
FY 1996 ....................................................................
$350,000,000
FY 1997 ....................................................................
$500,000,000
FY 1998 ....................................................................
$550,000,000
FY 1999 ....................................................................
$580,000,000
FY 2000 ....................................................................
$920,000,000.
‘‘(3) APPROPRIATION
OF
FUNDS.—All funds
transferred to the retraining income support account
established by subsection (a) are hereby appro-
155
priated for the purpose of transfer to the States pur-
suant to subsection (c).
‘‘(c) TRANSFERS TO STATES.—
‘‘(1) Amounts in the retraining income support
account shall be available for transfer to States
which have an agreement described in section 205 of
the Reemployment Act of 1994.
‘‘(2) The Secretary of Labor shall from time to
time certify to the Secretary of the Treasury for
transfer to each State that has an agreement de-
scribed in section 205 of the Reemployment Act of
1994 the sums necessary to enable such State to
make payments provided by section 202 of such Act.
The Secretary of the Treasury, prior to audit or set-
tlement by the General Accounting Office, shall
make payment to the State in accordance with such
certification.
‘‘(3) Amounts transferred to a State under
paragraph (2) shall be used only in the payment of
cash benefits to individuals with respect to their re-
training income support provided by section 202 of
the Reemployment Act of 1994; and money so re-
ceived by a State which is not used for such pay-
ments shall be returned, at the time specified in the
agreement entered into under section 205 of such
156
Act, to the Secretary of the Treasury for deposit in
the Retraining Income Support Account established
under subsection (a). Nothing in this paragraph
shall be construed to prohibit deducting an amount
from retraining income support otherwise payable to
an individual and using the amount so deducted to
pay for either health insurance or the withholding of
Federal individual income tax if the individual elect-
ed to have such deduction made and, in the case of
a deduction for health insurance, such deduction was
made under a program approved by the Secretary of
Labor.
‘‘(d) REPAYMENT.—Whenever the Secretary of the
Treasury (after consultation with the Secretary of Labor)
determines that the amount transferred to a State under
subsection (c) exceeds the amount necessary to meet the
anticipated payments for retraining income support from
the account, the Secretary of the Treasury shall demand
of that State the amount of such excess, which shall be
returned to the Retraining Income Support Account estab-
lished under subsection (a).’’.
SEC. 222. FUNDS FOR ADMINISTRATION.
(a) Subparagraph (A) of section 901(c)(1) of the So-
cial Security Act is amended by—
(1) striking ‘‘and’’ at the end of clause (ii);
157
(2) adding ‘‘and’’ at the end of clause (iii); and
(3) adding at the end thereof the following:
‘‘(iv) assisting the States in the adminis-
tration of cash benefits for retraining income
support under section 202 of the Reemployment
Act of 1994.’’.
(b) Subparagraph (B) of section 901(c)(1) of the So-
cial Security Act is amended by—
(1) striking ‘‘and’’ at the end of clause (iv);
(2) adding ‘‘and’’ at the end of clause (v); and
(3) adding at the end thereof the following:
‘‘(vi) title II of the Reemployment Act of
1994.’’.
(c) Section 901(c)(2) of the Social Security Act is
amended by—
(1) striking ‘‘and’’ at the end of subparagraph
(B);
(2) adding ‘‘and’’ at the end of subparagraph
(C); and
(3) adding at the end thereof the following:
‘‘(D) title II of the Reemployment Act of
1994.’’.
SEC. 223. CONFORMING AMENDMENTS.
(a) Subparagraph (B) of section 905(b)(1) of the So-
cial Security Act is amended to read as follows:
158
‘‘(B) the sum of the payments and trans-
fers during such month from the employment
security administration account pursuant to
section 901 (b) and (d) and section 911(b).’’.
(b) Section 3302(c)(3) of the Internal Revenue Code
of 1986 is amended by—
(1) striking ‘‘or’’ at the end of subparagraph
(A);
(2) adding at the end of subparagraph (B) the
following:
‘‘(C) entered into an agreement described
in section 205 of the Reemployment Act of
1994, with the Secretary of Labor before July
1, 1995, or
‘‘(D) fulfilled it commitments under an
agreement described in section 205 of the Re-
employment Act of 1994.’’.
SEC. 224. EFFECTIVE DATE.
The provisions of this part, and the amendments
made by this part, shall take effect on October 1, 1995.
159
PART C—FINANCING PROVISIONS
SEC. 231. MODIFICATIONS TO FEDERAL UNEMPLOYMENT
TAX.
(a) IN GENERAL.—Section 3301 of the Internal Rev-
enue Code of 1986 (relating to the rate of Federal unem-
ployment tax) is amended to read as follows:
‘‘SEC. 3301. RATE OF TAX.
‘‘There is hereby imposed on every employer (as de-
fined in section 3306(a)) for each calendar year an excise
tax, with respect to having individuals in his employ, equal
to 6.2 percent of the total wages (as defined in section
3306(b)) paid by him during the calendar year with re-
spect to unemployment (as defined in section 3306(c)).’’.
(b) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on the date of enactment of this Act.
SEC. 232. VOLUNTARY WITHHOLDING OF FEDERAL INDI-
VIDUAL INCOME TAX.
(a) AUTHORITY FOR WITHHOLDING.—Section 3402
of the Internal Revenue Code of 1986 is amended by add-
ing at the end thereof the following new paragraph:
‘‘(t) VOLUNTARY WITHHOLDING
ON UNEMPLOY-
MENT
AND OTHER BENEFITS.—For purposes of this
chapter, amounts subject to tax under section 85(a), and
amounts provided as retraining income support under sec-
tion 202 of the Reemployment Act of 1994, shall be treat-
ed as if they were a payment of wages by an employer
160
to an employee subject to withholding at a rate of 15 per-
cent of the amount paid, if the person to whom the bene-
fits are paid so elects. For purposes of this chapter, these
amounts will be treated as wages to the extent paid during
the period for which the election remains in effect. The
election shall be made in such form and manner as the
Secretary may provide.’’.
(b) ADDITIONAL REQUIREMENT FOR APPROVAL OF
STATE LAW.— Section 3304(a) of the Internal Revenue
Code is amended by adding at the end thereof the follow-
ing new paragraph:
‘‘(19) provides for a system for the deduction
and withholding of Federal individual income tax
from unemployment compensation where an individ-
ual receiving such compensation voluntarily requests
such deduction and withholding.’’
(c) CONFORMING AMENDMENTS.—
(1) Subparagraph (C) of section 3304(a)(4) of
the Internal Revenue Code of 1986 is amended by
inserting after ‘‘health insurance’’ the following: ‘‘,
or the withholding of Federal individual income
tax,’’.
(2) Paragraph (5) of section 303(a) of the So-
cial Security Act is amended by inserting after
161
‘‘health insurance’’ the following: ‘‘, or the withhold-
ing of Federal individual income tax,’’.
(d) EFFECTIVE DATE.—The provisions of this sec-
tion and the amendments made by this section shall take
effect on January 1, 1996.
PART 
D—INTEGRATION 
OF 
TRADE-IMPACTED
WORKERS INTO THE COMPREHENSIVE RE-
EMPLOYMENT SYSTEM
SEC. 241. PHASEOUT OF TRADE ADJUSTMENT ASSISTANCE
PROGRAM.
(a) PHASEOUT.—Section 285 of the Trade Act of
1974 (19 U.S.C. 2271 preceding note) is amended by
striking subsection (c) and inserting the following:
‘‘(c) No technical assistance may be provided under
chapter 3, after September 30, 1998.
‘‘(d)(1) Except as provided in paragraph (2), no as-
sistance may be provided under chapter 2 (including sub-
chapter D of such chapter) on or after July 1, 1995.
‘‘(2) Notwithstanding paragraph (1), if, on or before
June 30, 1995, an individual—
‘‘(A) is receiving assistance under chapter 2 (in-
cluding subchapter D of such chapter), and
‘‘(B) is otherwise eligible to receive assistance
in accordance with the requirements of such chapter,
such worker shall continue to be eligible to receive
162
such assistance for any week for which the worker
meets the eligibility requirements of the section
under which the initial eligibility was determined.’’.
(b) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on the date of enactment of this Act.
SEC. 242. TEMPORARY PROGRAM FOR THE CERTIFICATION
OF TRADE-IMPACTED WORKERS.
(a) ESTABLISHMENT
OF TRANSITIONAL CERTIFI-
CATION PROGRAM.— In order to promote the effective in-
tegration of trade-impacted workers into the comprehen-
sive system of worker reemployment and retraining income
support, there is established within the Department of
Labor a temporary, transitional certification program.
(b) COMPONENTS OF CERTIFICATION PROGRAM.—
(1) GROUP ELIGIBILITY REQUIREMENTS.—The
Secretary shall certify a group of workers (including
workers in any agricultural firm or subdivision of an
agricultural firm) as eligible for services under title
I of this Act and eligible to apply for retraining in-
come support in accordance with section 202(b) of
this Act if the Secretary determines—
(A) that a significant number or propor-
tion of the workers in such workers’ firm or an
appropriate subdivision of the firm have been
laid-off, or are threatened to become laid-off,
163
(B) that sales or production, or both, of
such firm or subdivision have decreased abso-
lutely, and
(C) that increases of imports of articles
like or directly competitive with articles pro-
duced by such workers’ firm or an appropriate
subdivision thereof contributed importantly to
the layoffs, or threat thereof, and to such de-
cline in sales or production.
(2) For purposes of subsection (a)(3)—
(A) the term ‘‘contributed importantly’’
means a cause which is important but not nec-
essarily more important than any other cause;
(B) any firm, or appropriate subdivision of
a firm, that engages in exploration or drilling
for oil or natural gas shall be considered to be
a firm producing oil or natural gas; and
(C) any firm, or appropriate subdivision of
a firm, that engages in exploration or drilling
for oil or natural gas, or otherwise produces oil
or natural gas, shall be considered to be pro-
ducing articles directly competitive with imports
of oil and with imports of natural gas.
(2) PETITIONS.—A petition for a certification
of eligibility for services under title I of this Act and
164
eligibility to apply for retraining income support in
accordance with section 202(b) of this Act may be
filed with the Secretary by a group of workers (in-
cluding workers in any agricultural firm or subdivi-
sion of an agricultural firm) or by their certified or
recognized union or other duly authorized represent-
ative. Upon receipt of the petition, the Secretary
shall promptly publish notice in the Federal Register
that such petition has been received and an inves-
tigation has begun.
(3) 
DETERMINATION
BY
SECRETARY
OF
LABOR.—
(A) CERTIFICATION OF ELIGIBILITY.—As
soon as possible after the date on which a peti-
tion is filed under paragraph (2), but in any
event not later than 60 days after that date,
the Secretary shall determine whether the peti-
tioning group meets the requirements of para-
graph (1) and shall issue a certification of eligi-
bility for services under title I of this Act and
to apply for retraining income support in ac-
cordance with section 202(b) of this Act. Each
certification shall specify the date on which the
layoffs began or threatened to begin.
165
(B) WORKERS
COVERED
BY
CERTIFI-
CATION.—A certification under this section
shall not apply to any worker whose last layoff
from the firm or appropriate subdivision of the
firm before his application under paragraph (2)
occurred more than one year before the date of
the petition on which such certification was
granted.
(C) PUBLICATION OF DETERMINATION IN
FEDERAL REGISTER.—Upon reaching a deter-
mination on a petition, the Secretary shall
promptly publish a summary of the determina-
tion in the Federal Register together with the
reasons for making such determination.
(D) TERMINATION
OF
CERTIFICATION.—
Whenever the Secretary determines, with re-
spect to any certification of eligibility of the
workers of a firm or subdivision of the firm,
that layoffs from such firm or subdivision are
no longer attributable to the conditions speci-
fied in paragraph (1), the Secretary shall termi-
nate such certification and promptly have notice
of such termination published in the Federal
Register together with the reasons for making
such determination. Such termination shall
166
apply only with respect to layoffs occurring
after the termination date specified by the Sec-
retary.
(4) SUBPENA POWER.—
(A) SUBPOENA BY SECRETARY.—The Sec-
retary may require by subpoena the attendance
of witnesses and the production of evidence nec-
essary for him to make a determination under
the provisions of this section.
(B) COURT ORDER.—If a person refuses to
obey a subpoena issued under subparagraph
(A), a United States district court within the
jurisdiction of which the relevant proceeding
under this section conducted may, upon petition
by the Secretary, issue an order requiring com-
pliance with such subpoena.
(c) EFFECTIVE DATE.—Petitions for certification
under this section may be filed on or after July 1, 1995,
but not later than July 1, 1999.
167
PART E—UNEMPLOYMENT COMPENSATION
FLEXIBILITY
SEC. 251. TREATMENT OF SHORT-TIME COMPENSATION
PROGRAMS.
(a) GENERAL RULE.—Section 3306 of the Internal
Revenue Code of 1986 is amended by adding at the end
thereof the following new subsection:
‘‘(u) SHORT-TIME COMPENSATION PROGRAM.—For
purposes of this chapter, the term ‘short-time compensa-
tion program’ means a program under which—
‘‘(1) the participation of an employer is vol-
untary;
‘‘(2) an employer reduces the number of hours
worked by employees in lieu of temporary layoffs;
‘‘(3) such employees whose workweeks have
been reduced by at least 10 percent are eligible for
unemployment compensation;
‘‘(4) the amount of unemployment compensa-
tion payable to any such employee is a pro rata por-
tion of the unemployment compensation which would
be payable to the employee if such employee were to-
tally unemployed;
‘‘(5) such employees are not required to meet
the availability for work or work search test require-
ments while collecting short-time compensation bene-
168
fits, but are required to be available for their normal
workweek;
‘‘(6) eligible employees may participate in an
employer-sponsored training program to enhance
jobs skills if such program has been approved by the
State agency;
‘‘(7) the State agency may require an employer
to continue to provide health benefits, and retire-
ment benefits under a defined benefit pension plan
(as defined in section 3(35) of the Employee Retire-
ment Income Security Act of 1974)), to any em-
ployee whose workweek is reduced pursuant to the
program as though the workweek of such employee
had not been reduced;
‘‘(8) the State agency may require an employer
(or an employers’ association which is party to a col-
lective bargaining agreement) to submit a written
plan describing the manner in which the require-
ments of this subsection will be implemented and
containing such other information as the Secretary
of Labor determines is appropriate; and
‘‘(9) the program meets such other require-
ments as the Secretary of Labor determines are ap-
propriate.’’.
(b) CONFORMING AMENDMENTS.—
169
(1) Subparagraph (E) of section 3304(a)(4) of
such Code is amended to read as follows:
‘‘(E) amounts may be withdrawn for the
payment of short-time compensation under a
short-time compensation program (as defined
under section 3306(u));’’.
(2) Paragraph (4) of section 3306(f) of such
Code is amended to read as follows:
‘‘(4) amounts may be withdrawn for the pay-
ment of short-time compensation under a short-time
compensation program (as defined under subsection
(u));’’.
(3) Section 303(a)(5) of the Social Security Act
is amended by striking ‘‘the payment of short-time
compensation under a plan approved by the Sec-
retary of Labor’’ and inserting ‘‘the payment of
short-time compensation under a short-time com-
pensation program (as defined in section 3306(u) of
the Internal Revenue Code of 1986).’’.
SEC. 252. TREATMENT OF REEMPLOYMENT BONUS PRO-
GRAMS.
(a) GENERAL RULE.—Section 3306 of the Internal
Revenue Code of 1986 is amended by adding at the end
thereof the following new subsection:
170
‘‘(v) REEMPLOYMENT BONUS PROGRAM.—For pur-
poses of this chapter, the term ‘reemployment bonus pro-
gram’ means a program under which—
‘‘(1) a reemployment bonus is paid in a lump
sum to individuals who meet the requirements of
paragraph (4) as an incentive to rapid reemploy-
ment;
‘‘(2) the reemployment bonus payable to indi-
viduals pursuant to paragraph (1) is in an amount
not in excess of 4 times the weekly amount of regu-
lar unemployment compensation payable to such in-
dividuals;
‘‘(3) an amount equal to the amount of the re-
employment bonuses paid pursuant to paragraph (1)
is charged against the amount that may be paid to
such individuals for regular unemployment com-
pensation under State law;
‘‘(4) individuals may receive the reemployment
bonus described in paragraph (1) if such individ-
uals—
‘‘(A) were eligible to receive unemployment
compensation under the State law for the week
preceding the commencement of full-time em-
ployment obtained in accordance with subpara-
graph (C);
171
‘‘(B) were identified pursuant to a State
profiling system (established in accordance with
section 303(j) of the Social Security Act) as in-
dividuals likely to exhaust regular unemploy-
ment compensation;
‘‘(C) obtained full-time employment within
a period of time specified under State law, but
not in excess of 12 weeks from the date of the
filing of the initial claim;
‘‘(D) are employed by employers other
than the employers by whom such individuals
were employed immediately prior to receiving
unemployment compensation under the State
law or during the base period;
‘‘(E) retained full-time employment for a
period not less than 4 months after obtaining
employment in accordance with subparagraph
(C);
‘‘(5) the program does not result in any cost to
the Unemployment Trust Fund (established by sec-
tion 904(a) of the Social Security Act) in excess of
the cost that would be incurred by such State and
charged to such Fund if the State had not partici-
pated in such program;
172
‘‘(6) a State desiring to conduct such program
submits a plan describing the manner in which the
requirements of this subsection will be implemented
and the Secretary of Labor approves such plan; and
‘‘(7) the program meets such other require-
ments as the Secretary of Labor determines to be
appropriate.’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (4) of section 3304(a) of such
Code is amended by adding at the end thereof the
following new subparagraph:
‘‘(G) amounts may be withdrawn for the
payment of reemployment bonuses under a re-
employment bonus program (as defined in sec-
tion 3306(v);’’.
(2) Subsection (f) of section 3306 of such Code
is amended by adding at the end thereof the follow-
ing new paragraph:
‘‘(6) amounts may be withdrawn for the pay-
ment of reemployment bonuses under a reemploy-
ment bonus program (as defined in subsection
(v));’’.
(3) Section 303(a)(5) of the Social Security Act
is amended by adding at the end thereof: ‘‘: Pro-
vided further, That amounts may be withdrawn for
173
the payment of reemployment bonuses under a reem-
ployment bonus program (as defined in section
3306(v) of the Internal Revenue Code of 1986);
and’’.
SEC. 253. EXTENSION OF SELF-EMPLOYMENT ASSISTANCE
PROGRAM.
(a) EXTENSION
OF PROGRAM.—Paragraph (2) of
Section 507(e) of the North American Free Trade Agree-
ment Implementation Act is hereby repealed.
(b) CONFORMING AMENDMENTS.—Subsection (e) of
section 507 of such Act is further amended by—
(1) amending the heading after the subsection
designation to read ‘‘EFFECTIVE DATE.—’’, and
(2) striking ‘‘(1) EFFECTIVE DATE.—’’.
SEC. 254. EFFECTIVE DATE.
This part, and the amendments made by this part,
shall take effect on the date of enactment of this Act.
TITLE III—ONE-STOP CAREER CENTER
SYSTEM
SEC. 301. STATEMENT OF PURPOSE.
It is the purpose of this title to—
(1) establish a national program of grants and
waivers of Federal statutory and regulatory require-
ments to provide the States with the opportunity, on
174
a voluntary basis, to develop and implement net-
works of one-stop career centers;
(2) provide seed money to encourage the devel-
opment of a flexible, nationwide system of One-Stop
Career Centers;
(3) promote universal access, by individuals and
employers, to a comprehensive menu of quality em-
ployment, education and training information and
services;
(4) encourage a customer-centered approach to
the provision of services, including features to en-
hance customer choice and ensure that the satisfac-
tion of individuals with services received is a primary
consideration in the administration of the program;
(5) establish a governance structure composed
of State, local and Federal partners to ensure com-
mon goals, effective planning, service coordination
and oversight of Statewide One-Stop Career Center
networks; and
(6) provide the States and local areas with in-
creased flexibility in the administration of employ-
ment and training programs in exchange for greater
accountability for outcomes.
175
PART A—COMPONENTS OF VOLUNTARY ONE-
STOP CAREER CENTER SYSTEM
SEC. 311. GENERAL REQUIREMENTS.
For purposes of receiving a grant or waiver under
this title (except as provided in section 333(b)(1)(A)), a
one-stop career center system shall include—
(1) the establishment and operation of a
workforce investment board in accordance with sec-
tion 312;
(2) the establishment of one-stop career centers
in accordance with the procedures described in sec-
tion 313;
(3) the provision of services through the one-
stop career centers in accordance with section 314;
(4) the participation of Federal programs in ac-
cordance with section 315;
(5) agreements concerning the operation of the
one-stop career centers in accordance with section
316;
(6) quality assurance systems in accordance
with section 317; and
(7) the establishment and operation of a State
Human Resource Investment Council in accordance
with section 318.
SEC. 312. WORKFORCE INVESTMENT BOARDS.
(a) DESIGNATION OF ONE-STOP SERVICE AREAS.—
176
(1) The Governor shall, after consultation with
the State Human Resource Investment Council, des-
ignate one-stop service areas within the State.
(2) The one-stop service areas designated pur-
suant to paragraph (1) shall be—
(A) the geographic boundaries of the labor
market areas within the State, except that no
service delivery area or substate area may be
divided among two or more areas;
(B) the substate areas or consortium of
such areas; or
(C) the service delivery areas or consor-
tium of such areas.
(3) The Governor may not redesignate one-stop
service areas more frequently than once every four
years.
(b) ESTABLISHMENT OF BOARDS.—
(1) IN
GENERAL.—For each one-stop service
area designated under subsection (a), the local elect-
ed officials from such area shall establish a
workforce investment board that meets the require-
ments of this subsection.
(2) COMPOSITION.—Each workforce investment
board shall consist of—
177
(A) representatives of private sector em-
ployers, who shall constitute a majority of the
board and who shall be owners of business con-
cerns, chief executives or chief operating offi-
cers of businesses, or the chief manager of a
plant or subdivision of a firm;
(B) representatives of organized labor and
community-based organizations, who shall con-
stitute not less than 25 percent of the member-
ship of the board and who shall be officers of
such organizations;
(C) representatives of educational institu-
tions;
(D) appropriate community leaders, such
as leaders of economic development agencies,
human service agencies and institutions, veter-
ans organizations, and entities providing job
training; and
(E) a local elected official, who shall be a
non-voting member.
(3) NOMINATIONS.—
(A) EMPLOYER
REPRESENTATIVES.—(i)
The representatives of employers under para-
graph (2)(A) shall be selected from among indi-
viduals nominated by general purpose business
204
(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-