H. R. 1385—120
labor standards, grievance procedures and judicial review, non-
discrimination, eligibility of participants, allocation of funds
to local areas, establishment and functions of local areas and
local boards, review and approval of local plans, and worker
rights, participation, and protection;
(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-Peyser
Act (29 U.S.C. 49g through 49i), to the State, except for require-
ments relating to the provision of services to unemployment
insurance claimants and veterans, and to universal access to
basic labor exchange services without cost to jobseekers; and
(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.), to State agencies on aging with respect to activi-
ties carried out using funds allotted under section 506(a)(3)
of such Act (42 U.S.C. 3056d(a)(3)), except for requirements
relating to the basic purposes of such Act, wage and labor
standards, eligibility of participants in the activities, and stand-
ards for agreements.
(b) CONTENT OF PLANS.—A workforce flexibility plan imple-
mented by a State under subsection (a) shall include descriptions
of—
(1)(A) the process by which local areas in the State may
submit and obtain approval by the State of applications for
waivers of requirements applicable under this title; and
(B) the requirements described in subparagraph (A) that
are likely to be waived by the State under the plan;
(2) the requirements applicable under sections 8 through
10 of the Wagner-Peyser Act that are proposed to be waived,
if any;
(3) the requirements applicable under the Older Americans
Act of 1965 that are proposed to be waived, if any;
(4) the outcomes to be achieved by the waivers described
in paragraphs (1) through (3); and
(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the waivers.
(c) PERIODS.—The Secretary may approve a workforce flexibility
plan for a period of not more than 5 years.
(d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to submitting
a workforce flexibility plan to the Secretary for approval, the State
shall provide to all interested parties and to the general public
adequate notice and a reasonable opportunity for comment on the
waiver requests proposed to be implemented pursuant to such plan.
SEC. 193. USE OF CERTAIN REAL PROPERTY.
(a) IN GENERAL.—Notwithstanding any other provision of law,
the Governor may authorize a public agency to make available,
for the use of a one-stop service delivery system within the State
which is carried out by a consortium of entities that includes
the public agency, real property in which, as of the date of the
enactment of the Workforce Investment Act of 1998, the Federal
Government has acquired equity through the use of funds provided
under title III of the Social Security Act (42 U.S.C. 501 et seq.),
section 903(c) of such Act (42 U.S.C. 1103(c)), or the Wagner-
Peyser Act (29 U.S.C. 49 et seq.).
(b) USE OF FUNDS.—Subsequent to the commencement of the
use of the property described in subsection (a) for the functions
H. R. 1385—121
of a one-stop service delivery system, funds provided under the
provisions of law described in subsection (a) may only be used
to acquire further equity in such property, 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 activities
authorized under such provisions of law.
SEC. 194. CONTINUATION OF STATE ACTIVITIES AND POLICIES.
(a) IN GENERAL.—Notwithstanding any other provision of this
title, the Secretary may not deny approval of a State plan for
a covered State, or an application of a covered State for financial
assistance, under this title or find a covered State (including a
State board or Governor), or a local area (including a local board
or chief elected official) in a covered State, in violation of a provision
of this title, on the basis that—
(1)(A) the State proposes to allocate or disburse, allocates,
or disburses, within the State, funds made available to the
State under section 127 or 132 in accordance with the allocation
formula for the type of activities involved, or in accordance
with a disbursal procedure or process, used by the State under
prior consistent State laws; or
(B) a local board in the State proposes to disburse, or
disburses, within the local area, funds made available to a
State under section 127 or 132 in accordance with a disbursal
procedure or process used by a private industry council under
prior consistent State law;
(2) the State proposes to carry out or carries out a State
procedure through which local areas use, as fiscal agents for
funds made available to the State under section 127 or 132
and allocated within the State, fiscal agents selected in accord-
ance with a process established under prior consistent State
laws;
(3) the State proposes to carry out or carries out a State
procedure through which the local board in the State (or the
local boards, the chief elected officials in the State, and the
Governor) designate or select the one-stop partners and one-
stop operators of the statewide system in the State under
prior consistent State laws, in lieu of making the designation,
or certification described in section 121 (regardless of the date
the one-stop delivery systems involved have been established);
(4) the State proposes to carry out or carries out a State
procedure through which the persons responsible for selecting
eligible providers for purposes of subtitle B are permitted to
determine that a provider shall not be selected to provide
both intake services under section 134(d)(2) and training serv-
ices under section 134(d)(4), under prior consistent State laws;
(5) the State proposes to designate or designates a State
board, or proposes to assign or assigns functions and roles
of the State board (including determining the time periods
for development and submission of a State plan required under
section 112), for purposes of subtitle B in accordance with
prior consistent State laws; or
(6) a local board in the State proposes to use or carry
out, uses, or carries out a local plan (including assigning func-
tions and roles of the local board) for purposes of subtitle
B in accordance with the authorities and requirements
H. R. 1385—122
applicable to local plans and private industry councils under
prior consistent State laws.
(b) DEFINITION.—In this section:
(1) COVERED STATE.—The term ‘‘covered State’’ means a
State that enacted State laws described in paragraph (2).
(2) PRIOR
CONSISTENT
STATE
LAWS.—The term ‘‘prior
consistent State laws’’ means State laws, not inconsistent with
the Job Training Partnership Act or any other applicable Fed-
eral law, that took effect on September 1, 1993, September
1, 1995, and September 1, 1997.
SEC. 195. GENERAL PROGRAM REQUIREMENTS.
Except as otherwise provided in this title, the following condi-
tions are applicable to all programs under this title:
(1) Each program under this title shall provide employment
and training opportunities to those who can benefit from, and
who are most in need of, such opportunities. In addition, efforts
shall be made to develop programs which contribute to occupa-
tional development, upward mobility, development of new
careers, and opportunities for nontraditional employment.
(2) Funds provided under this title shall only be used
for activities that are in addition to those that would otherwise
be available in the local area in the absence of such funds.
(3)(A) Any local area may enter into an agreement with
another local area (including a local area that is a city or
county within the same labor market) to pay or share the
cost of educating, training, or placing individuals participating
in programs assisted under this title, including the provision
of supportive services.
(B) Such agreement shall be approved by each local board
providing guidance to the local area and shall be described
in the local plan under section 118.
(4) On-the-job training contracts under this title shall not
be entered into with employers who have received payments
under previous contracts and have exhibited a pattern of failing
to provide on-the-job training participants with continued long-
term employment as regular employees with wages and
employment benefits (including health benefits) and working
conditions at the same level and to the same extent as other
employees working a similar length of time and doing the
same type of work.
(5) No person or organization may charge an individual
a fee for the placement or referral of the individual in or
to a workforce investment activity under this title.
(6) The Secretary shall not provide financial assistance
for any program under this title that involves political activities.
(7)(A) Income under any program administered by a public
or private nonprofit entity may be retained by such entity
only if such income is used to continue to carry out the program.
(B) Income subject to the requirements of subparagraph
(A) shall include—
(i) receipts from goods or services (including con-
ferences) provided as a result of activities funded under
this title;
(ii) funds provided to a service provider under this
title that are in excess of the costs associated with the
services provided; and
H. R. 1385—123
(iii) interest income earned on funds received under
this title.
(C) For purposes of this paragraph, each entity receiving
financial assistance under this title shall maintain records suffi-
cient to determine the amount of such income received and
the purposes for which such income is expended.
(8)(A) The Secretary shall notify the Governor and the
appropriate local board and chief elected official of, and consult
with the Governor and such board and official concerning,
any activity to be funded by the Secretary under this title
within the corresponding State or local area.
(B) The Governor shall notify the appropriate local board
and chief elected official of, and consult with such board and
official concerning, any activity to be funded by the Governor
under this title within the corresponding local area.
(9)(A) All education programs for youth supported with
funds provided under chapter 4 of subtitle B shall be consistent
with applicable State and local educational standards.
(B) Standards and procedures with respect to awarding
academic credit and certifying educational attainment in pro-
grams conducted under such chapter shall be consistent with
the requirements of applicable State and local law, including
regulation.
(10) No funds available under this title may be used for
public service employment except as specifically authorized
under this title.
(11) The Federal requirements governing the title, use,
and disposition of real property, equipment, and supplies pur-
chased with funds provided under this title shall be the Federal
requirements generally applicable to Federal grants to States
and local governments.
(12) Nothing in this title shall be construed to provide
an individual with an entitlement to a service under this title.
(13) Services, facilities, or equipment funded under this
title may be used, as appropriate, on a fee-for-service basis,
by employers in a local area in order to provide employment
and training activities to incumbent workers—
(A) when such services, facilities, or equipment are
not in use for the provision of services for eligible partici-
pants under this title;
(B) if such use for incumbent workers would not have
an adverse affect on the provision of services to eligible
participants under this title; and
(C) if the income derived from such fees is used to
carry out the programs authorized under this title.
Subtitle F—Repeals and Conforming
Amendments
SEC. 199. REPEALS.
(a) GENERAL IMMEDIATE REPEALS.—The following provisions
are repealed:
(1) Section 204 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1255a note).
(2) Title II of Public Law 95–250 (92 Stat. 172).