not be considered assistance for any pur-
pose under a State or tribal program fund-
ed under this part. 
‘‘(J) WORKER PROTECTIONS.—
‘‘(i) NONDUPLICATION.—
‘‘(I) IN
GENERAL.—Assistance 
under this paragraph shall be used 
only for a program that does not du-
plicate, and is in addition to, an activ-
ity otherwise available in the locality 
of the program. 
‘‘(II) PRIVATE NONPROFIT ENTI-
TY.—Assistance made available under 
this paragraph shall not be provided 
to a private nonprofit entity to con-
duct activities that are the same or 
substantially equivalent to activities 
provided by a State or local govern-
ment agency that the entity resides in, 
unless the requirements of clause (ii) 
are met. 
‘‘(ii) NONDISPLACEMENT.—
‘‘(I) IN GENERAL.—An employer 
shall not displace an employee or posi-
tion (including partial displacement
such as reduction in hours, wages, or 
employment benefits) or impair con-
tracts for services or collective bar-
gaining agreements, as a result of the 
use by the employer of a participant 
in a program receiving assistance 
under this paragraph, and no partici-
pant shall be assigned to fill any es-
tablished unfilled position vacancy. 
‘‘(II) JOB
OPPORTUNITIES.—A 
job opportunity shall not be created 
under this paragraph that will in-
fringe in any manner on the pro-
motional opportunity of an employed 
individual. 
‘‘(III) LIMITATION
ON
SERV-
ICES.—
‘‘(aa) SUPPLANTATION
OF 
HIRING.—A participant in any 
transitional job program shall not 
perform any services or duties or 
engage in activities that will sup-
plant the hiring of unsubsidized 
workers.
‘‘(bb) 
DUTIES
FORMERLY 
PERFORMED
BY
ANOTHER
EM-
PLOYEE.—A participant in any 
transitional job program under 
this paragraph shall not perform 
services or duties that are serv-
ices, duties, or activities—
‘‘(AA) with respect to 
which an individual has re-
call rights pursuant to a col-
lective bargaining agreement 
or applicable personnel pro-
cedures; or 
‘‘(BB) which had been 
performed by or were as-
signed to any employee de-
scribed in item (cc). 
‘‘(cc) 
EMPLOYEE
DE-
SCRIBED.—An employee is de-
scribed in this item if the em-
ployee—
‘‘(AA) recently resigned 
or was discharged; 
‘‘(BB) is subject to a 
reduction in force;
‘‘(CC) is on leave (ter-
minal, temporary, vacation, 
emergency, or sick); or 
‘‘(DD) is on strike or 
being locked out. 
‘‘(iii) 
CONCURRENCE
OF
LOCAL 
LABOR
ORGANIZATION.—No work assign-
ment under a program receiving assistance 
under this paragraph shall be made until 
the program operator has obtained the 
written concurrence of any local labor or-
ganization representing employees who are 
engaged in the same or substantially simi-
lar work as that proposed to be carried out 
for the program operator or worksite em-
ployer with whom a participant is placed. 
‘‘(iv) Individuals employed in transi-
tional jobs created under this paragraph 
shall be considered to be employees for all 
purposes under federal and state law, in-
cluding but not limited to health and safe-
ty, civil rights, and workers compensation. 
‘‘(v) 
NONPREEMPTION
OF
STATE 
LAW.—This subparagraph shall not be con-
strued to preempt any provision of State
law that affords greater protections to em-
ployees or to other participants engaged in 
work activities under a program funded 
under this part than is afforded by this 
subparagraph. 
‘‘(vi) ENFORCING ANTIDISPLACEMENT 
PROTECTIONS.—
‘‘(I) IN
GENERAL.—The State 
shall establish and maintain an impar-
tial grievance procedure to resolve any 
complaints alleging a violation of a re-
quirement set forth in any the pre-
ceding clauses of this subparagraph 
within 60 days of receipt of the com-
plaint and, if a decision is adverse to 
the party who filed such grievance or 
no decision has been reached, provide 
for the completion of an arbitration 
procedure within 75 days of receipt of 
the complaint or the adverse decision 
or conclusion of the 60-day period, 
whichever is earlier. 
‘‘(II) APPEALS.—Appeals may be 
made to the Secretary who shall make 
a decision within 75 days.
‘‘(III) REMEDIES.—Remedies for 
a violation of a requirement set forth 
in any of the preceding clauses of this 
subparagraph shall include termi-
nation or suspension of payments, 
prohibition of the placement of the 
participant, reinstatement of an em-
ployee, and other relief to make an 
aggrieved employee whole. 
‘‘(IV) LIMITATION
ON
PLACE-
MENT.—If a grievance is filed regard-
ing a proposed placement of a partici-
pant, such placement shall not be 
made unless such placement is con-
sistent with the resolution of the 
grievance pursuant to this subclause. 
‘‘(K) 
ASSESSMENTS
BY
THE
SECRE-
TARIES.—
‘‘(i) RESERVATION
OF
FUNDS.—Of 
the amount appropriated under subpara-
graph (M) for each of fiscal years 2005 
and 2006, $3,000,000 of such amount for 
each such fiscal year is reserved for use by 
the Secretaries to prepare an interim and 
final report summarizing and synthesizing
outcomes and lessons learned from the 
programs funded through grants awarded 
under this paragraph. 
‘‘(ii) INTERIM
AND
FINAL
ASSESS-
MENTS.—With respect to the reports pre-
pared under clause (i), the Secretaries 
shall submit—
‘‘(I) the interim report not later 
than 4 years after the date of enact-
ment of the Business Links Act of 
2003; and 
‘‘(II) the final report not later 
than 6 years after such date of enact-
ment. 
‘‘(L) EVALUATIONS.—
‘‘(i) RESERVATION
OF
FUNDS.—Of 
the amount appropriated under subpara-
graph (M) for a fiscal year, an amount 
equal to 1.5 percent of the amount for 
each such fiscal year shall be reserved for 
use by the Secretaries to conduct evalua-
tions in accordance with the requirements 
of clause (ii). 
‘‘(ii) 
REQUIREMENTS.—The 
Secre-
taries—
‘‘(I) shall develop a plan to evalu-
ate the extent to which programs 
funded under grants made under this 
paragraph have been effective in pro-
moting sustained, unsubsidized em-
ployment for each group of eligible 
participants, and in improving the 
skills and wages of participants in 
comparison to the participants’ skills 
and wages prior to participation in 
the programs; 
‘‘(II) may evaluate the use of 
such a grant by a grantee, as the Sec-
retaries deem appropriate, in accord-
ance with an agreement entered into 
with the grantee after good-faith ne-
gotiations; and 
‘‘(III) shall include, as appro-
priate, the following outcome meas-
ures in the evaluation plan developed 
under subclause (I): 
‘‘(aa) Placements in unsub-
sidized employment. 
‘‘(bb) Retention in unsub-
sidized employment 6 months
and 12 months after initial place-
ment. 
‘‘(cc) Earnings of individuals 
at the time of placement in un-
subsidized employment. 
‘‘(dd) Earnings of individ-
uals 12 months after placement 
in unsubsidized employment. 
‘‘(ee) The extent to which 
unsubsidized job placements in-
clude access to affordable em-
ployer-sponsored health insurance 
and paid leave benefits. 
‘‘(ff) Comparison of pre- 
and post-program wage rates of 
participants. 
‘‘(gg) Comparison of pre- 
and post-program skill levels of 
participants. 
‘‘(hh) Wage growth and em-
ployment retention in relation to 
occupations and industries at ini-
tial placement in unsubsidized 
employment and over the first 12 
months after initial placement.
‘‘(ii) Recipient of cash as-
sistance under the State program 
funded under this part. 
‘‘(jj) Average expenditures 
per participant. 
‘‘(iii) REPORTS
TO
CONGRESS.—The 
Secretaries shall submit to Congress the 
following reports on the evaluations of pro-
grams funded under grants made under 
this paragraph: 
‘‘(I) INTERIM
REPORT.—An in-
terim report not later than 4 years 
after the date of enactment of the 
Business Links Act of 2003. 
‘‘(II) FINAL
REPORT.—A final 
report not later than 6 years after 
such date of enactment. 
‘‘(M) APPROPRIATION.—
‘‘(i) IN GENERAL.—Out of any money 
in the Treasury of the United States not 
otherwise appropriated, there is appro-
priated for grants under this section, 
$200,000,000 for each of fiscal years 2005 
through 2009.
‘‘(ii) AVAILABILITY.—Amounts appro-
priated under clause (i) for a fiscal year 
shall remain available for obligation for 5 
fiscal years after the fiscal year in which 
the amount is appropriated.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2004.
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