H. R. 1385—116
(c) ACTION OF ATTORNEY GENERAL.—When a matter is referred
to the Attorney General pursuant to subsection (b)(1), or whenever
the Attorney General has reason to believe that a State or other
recipient of funds under this title is engaged in a pattern or practice
of discrimination in violation of a provision of law referred to
in subsection (a)(1) or in violation of paragraph (2), (3), (4), or
(5) of subsection (a), the Attorney General may bring a civil action
in any appropriate district court of the United States for such
relief as may be appropriate, including injunctive relief.
(d) JOB CORPS.—For the purposes of this section, Job Corps
members shall be considered as the ultimate beneficiaries of Federal
financial assistance.
(e) REGULATIONS.—The Secretary shall issue regulations nec-
essary to implement this section not later than one year after
the date of the enactment of the Workforce Investment Act of
1998. Such regulations shall adopt standards for determining
discrimination and procedures for enforcement that are consistent
with the Acts referred to in a subsection (a)(1), as well as procedures
to ensure that complaints filed under this section and such Acts
are processed in a manner that avoids duplication of effort.
SEC. 189. ADMINISTRATIVE PROVISIONS.
(a) IN GENERAL.—The Secretary may, in accordance with chap-
ter 5 of title 5, United States Code, prescribe rules and regulations
to carry out this title only to the extent necessary to administer
and ensure compliance with the requirements of this title. Such
rules and regulations may include provisions making adjustments
authorized by section 204 of the Intergovernmental Cooperation
Act of 1968. All such rules and regulations shall be published
in the Federal Register at least 30 days prior to their effective
dates. Copies of each such rule or regulation shall be transmitted
to the appropriate committees of Congress on the date of such
publication and shall contain, with respect to each material provi-
sion of such rule or regulation, a citation to the particular sub-
stantive section of law that is the basis for the provision.
(b) ACQUISITION OF CERTAIN PROPERTY AND SERVICES.—The
Secretary is authorized, in carrying out this title, to accept, pur-
chase, or lease in the name of the Department of Labor, and
employ or dispose of in furtherance of the purposes of this title,
any money or property, real, personal, or mixed, tangible or intangi-
ble, received by gift, devise, bequest, or otherwise, and to accept
voluntary and uncompensated services notwithstanding the provi-
sions of section 1342 of title 31, United States Code.
(c) AUTHORITY TO ENTER INTO CERTAIN AGREEMENTS AND TO
MAKE CERTAIN EXPENDITURES.—The Secretary may make such
grants, enter into such contracts or agreements, establish such
procedures, and make such payments, in installments and in
advance or by way of reimbursement, or otherwise allocate or
expend such funds under this title, as may be necessary to carry
out this title, including making expenditures for construction,
repairs, and capital improvements, and including making necessary
adjustments in payments on account of over-payments or underpay-
ments.
(d) ANNUAL REPORT.—The Secretary shall prepare and submit
to Congress an annual report regarding the programs and activities
carried out under this title. The Secretary shall include in such
report—
H. R. 1385—117
(1) a summary of the achievements, failures, and problems
of the programs and activities in meeting the objectives of
this title;
(2) a summary of major findings from research, evaluations,
pilot projects, and experiments conducted under this title in
the fiscal year prior to the submission of the report;
(3) recommendations for modifications in the programs and
activities based on analysis of such findings; and
(4) such other recommendations for legislative or adminis-
trative action as the Secretary determines to be appropriate.
(e) UTILIZATION OF SERVICES AND FACILITIES.—The Secretary
is authorized, in carrying out this title, under the same procedures
as are applicable under subsection (c) or to the extent permitted
by law other than this title, to accept and use the services and
facilities of departments, agencies, and establishments of the United
States. The Secretary is also authorized, in carrying out this title,
to accept and use the services and facilities of the agencies of
any State or political subdivision of a State, with the consent
of the State or political subdivision.
(f ) OBLIGATIONAL
AUTHORITY.—Notwithstanding any other
provision of this title, the Secretary shall have no authority to
enter into contracts, grant agreements, or other financial assistance
agreements under this title except to such extent and in such
amounts as are provided in advance in appropriations Acts.
(g) PROGRAM YEAR.—
(1) IN GENERAL.—
(A) PROGRAM YEAR.—Except as provided in subpara-
graph (B), appropriations for any fiscal year for programs
and activities carried out under this title shall be available
for obligation only on the basis of a program year. The
program year shall begin on July 1 in the fiscal year
for which the appropriation is made.
(B) YOUTH ACTIVITIES.—The Secretary may make avail-
able for obligation, beginning April 1 of any fiscal year,
funds appropriated for such fiscal year to carry out youth
activities under subtitle B.
(2) AVAILABILITY.—Funds obligated for any program year
for a program or activity carried out under this title may
be expended by each State receiving such funds during that
program year and the 2 succeeding program years. Funds obli-
gated for any program year for a program or activity carried
out under section 171 or 172 shall remain available until
expended. Funds received by local areas from States under
this title during a program year may be expended during that
program year and the succeeding program year. No amount
of the funds described in this paragraph shall be deobligated
on account of a rate of expenditure that is consistent with
a State plan, an operating plan described in section 151, or
a plan, grant agreement, contract, application, or other agree-
ment described in subtitle D, as appropriate.
(h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT.—The
Secretary shall ensure that each individual participating in any
program or activity established under this title, or receiving any
assistance or benefit under this title, has not violated section 3
of the Military Selective Service Act (50 U.S.C. App. 453) by not
presenting and submitting to registration as required pursuant
to such section. The Director of the Selective Service System shall
H. R. 1385—118
cooperate with the Secretary to enable the Secretary to carry out
this subsection.
(i) WAIVERS AND SPECIAL RULES.—
(1) EXISTING WAIVERS.—With respect to a State that has
been granted a waiver under the provisions relating to training
and employment services of the Department of Labor in title
I of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1997
(Public Law 104–208; 110 Stat. 3009–234), the authority pro-
vided under such waiver shall continue in effect and apply,
and include a waiver of the related provisions of subtitle B
and this subtitle, for the duration of the initial waiver.
(2) SPECIAL RULE REGARDING DESIGNATED AREAS.—A State
that has enacted, not later than December 31, 1997, a State
law providing for the designation of service delivery areas for
the delivery of workforce investment activities, may use such
areas as local areas under this title, notwithstanding section
116.
(3) SPECIAL
RULE
REGARDING
SANCTIONS.—A State that
enacts, not later than December 31, 1997, a State law providing
for the sanctioning of such service delivery areas for failure
to meet performance measures for workforce investment activi-
ties, may use the State law to sanction local areas for failure
to meet State performance measures under this title.
(4) GENERAL
WAIVERS
OF
STATUTORY
OR
REGULATORY
REQUIREMENTS.—
(A) GENERAL AUTHORITY.—Notwithstanding any other
provision of law, the Secretary may waive for a State,
or a local area in a State, pursuant to a request submitted
by the Governor of the State (in consultation with appro-
priate local elected officials) that meets the requirements
of subparagraph (B)—
(i) any of the statutory or regulatory requirements
of subtitle B or this subtitle (except for requirements
relating to wage and labor standards, including non-
displacement protections, worker rights, participation
and protection of workers and participants, grievance
procedures and judicial review, nondiscrimination,
allocation of funds to local areas, eligibility of providers
or participants, the establishment and functions of
local areas and local boards, and procedures for review
and approval of plans); and
(ii) any of the statutory or regulatory requirements
of sections 8 through 10 of the Wagner-Peyser Act
(29 U.S.C. 49g through 49i) (excluding requirements
relating to the provision of services to unemployment
insurance claimants and veterans, and requirements
relating to universal access to basic labor exchange
services without cost to jobseekers).
(B) REQUESTS.—A Governor requesting a waiver under
subparagraph (A) shall submit a plan to the Secretary
to improve the statewide workforce investment system
that—
(i) identifies the statutory or regulatory require-
ments that are requested to be waived and the goals
that the State or local area in the State, as appropriate,
intends to achieve as a result of the waiver;
H. R. 1385—119
(ii) describes the actions that the State or local
area, as appropriate, has undertaken to remove State
or local statutory or regulatory barriers;
(iii) describes the goals of the waiver and the
expected programmatic outcomes if the request is
granted;
(iv) describes the individuals impacted by the
waiver; and
(v) describes the process used to monitor the
progress in implementing such a waiver, and the proc-
ess by which notice and an opportunity to comment
on such request has been provided to the local board.
(C) CONDITIONS.—Not later than 90 days after the
date of the original submission of a request for a waiver
under subparagraph (A), the Secretary shall provide a
waiver under this paragraph if and only to the extent
that—
(i) the Secretary determines that the requirements
requested to be waived impede the ability of the State
or local area, as appropriate, to implement the plan
described in subparagraph (B); and
(ii) the State has executed a memorandum of
understanding with the Secretary requiring such State
to meet, or ensure that the local area meets, agreed-
upon outcomes and to implement other appropriate
measures to ensure accountability.
SEC. 190. REFERENCE.
Effective on the date of the enactment of the Workforce Invest-
ment Act of 1998, all references in any other provision of law
(other than section 665 of title 18, United States Code) to the
Comprehensive Employment and Training Act, or to the Job Train-
ing Partnership Act, as the case may be, shall be deemed to refer
to the ‘‘Workforce Investment Act of 1998.’’.
SEC. 191. STATE LEGISLATIVE AUTHORITY.
(a) AUTHORITY OF STATE LEGISLATURE.—Nothing in this title
shall be interpreted to preclude the enactment of State legislation
providing for the implementation, consistent with the provisions
of this title, of the activities assisted under this title. Any funds
received by a State under this title shall be subject to appropriation
by the State legislature, consistent with the terms and conditions
required under this title.
(b) INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS.—
In the event that compliance with provisions of this title would
be enhanced by compacts and cooperative agreements between
States, the consent of Congress is given to States to enter into
such compacts and agreements to facilitate such compliance, subject
to the approval of the Secretary.
SEC. 192. WORKFORCE FLEXIBILITY PLANS.
(a) PLANS.—A State may submit to the Secretary, and the
Secretary may approve, a workforce flexibility plan under which
the State is authorized to waive, in accordance with the plan—
(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to applica-
tions for such waivers from the local areas, except for require-
ments relating to the basic purposes of this title, wage and