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(II) the characteristics of the pop-
ulation 
served 
by 
such 
provider
through the program; and
(ii) verify the minimum levels of per-
formance by using quarterly records de-
scribed in section 321.
(C) APPLICATION.—To be initially eligible
to receive funds as described in subsection (a), a
provider described in subsection (a)(2)(B) shall
submit an application at such time, in such
manner, and containing such information as the
designated State agency may require, including
performance information on—
(i) program completion rates for par-
ticipants in the applicable program con-
ducted by the provider;
(ii) the percentage of the graduates of
the program placed in unsubsidized employ-
ment in an occupation related to the pro-
gram conducted;
(iii) retention rates of the graduates in
unsubsidized employment—
(I) 6 months after the first day of
the employment; and
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(II) 12 months after the first day
of the employment;
(iv) the wages received by the grad-
uates placed in unsubsidized employment
after the completion of participation in the
program—
(I) on the first day of the employ-
ment;
(II) 6 months after the first day
of the employment; and
(III) 12 months after the first day
of the employment;
(v) where appropriate, the rates of li-
censure or certification of the graduates, at-
tainment of academic degrees or equiva-
lents, or attainment of other measures of
skill; and
(vi) program cost per participant in
the program.
(D) ADDITIONAL INFORMATION.—
(i) IN GENERAL.—In addition to the
performance information described in sub-
paragraph (C), the local partnerships in the
State involved may require that a provider
submit, to the local partnerships and to the
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designated State agency, other performance
information relating to the program to be
initially identified as an eligible provider of
training services, including information re-
garding the ability of the provider to pro-
vide continued counseling and support re-
garding the workplace to the graduates, for
not less than 12 months after the gradua-
tion involved.
(ii) HIGHER LEVELS OF PERFORMANCE
ELIGIBILITY.—The local partnership may
require higher levels of performance than
the minimum levels established under sub-
paragraph (A)(i) for initial eligibility to re-
ceive funds as described in subsection (a).
(3) LIST
OF
ELIGIBLE
PROVIDERS
BY
PRO-
GRAM.—
(A) IN
GENERAL.—The designated State
agency, after reviewing the performance informa-
tion described in paragraph (2)(C) and any in-
formation required to be submitted under para-
graph (2)(D) and using the procedure described
in paragraph (2)(B), shall—
(i) identify eligible providers of train-
ing services described in subparagraphs (A)
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and (B) of subsection (a)(2), including
identifying the programs of the providers
through which the providers may offer the
training services; and
(ii) compile a list of the eligible pro-
viders, and the programs, accompanied by
the performance information described in
paragraph (2)(C) and any information re-
quired to be submitted under paragraph
(2)(D) for each such provider described in
subsection (a)(2)(B).
(B) LOCAL MODIFICATION.—The local part-
nership may modify such list by reducing the
number of eligible providers listed, to ensure that
the eligible providers carry out programs that
provide skills that enable participants to obtain
local employment opportunities.
(c) SUBSEQUENT ELIGIBILITY.—
(1) INFORMATION AND CRITERIA.—To be eligible
to continue to receive funds as described in subsection
(a) for a program, a provider shall—
(A) submit the performance information de-
scribed in subsection (b)(2)(C) and any informa-
tion required to be submitted under subsection
(b)(2)(D) annually to the designated State agen-
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cy at such time and in such manner as the des-
ignated State agency may require for the pro-
gram; and
(B) annually meet the performance criteria
described in subsection (b)(2)(A) for the pro-
gram, 
as 
demonstrated 
utilizing 
quarterly
records described in section 321.
(2) LIST
OF
ELIGIBLE
PROVIDERS
BY
PRO-
GRAM.—
(A) IN
GENERAL.—The designated State
agency, after reviewing the performance informa-
tion and any other information submitted under
paragraph (1) and using the procedure described
in subsection (b)(2)(A), shall identify eligible
providers and programs, and compile a list of
the providers and programs, as described in sub-
section (b)(3), accompanied by the performance
information and other information for each such
provider.
(B) LOCAL MODIFICATION.—The local part-
nership may modify such list by reducing the
number of eligible providers listed, to ensure that
the eligible providers carry out programs that
provide skills that enable participants to obtain
local employment opportunities.
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(3) AVAILABILITY.—Such list and information
shall be made widely available to participants in em-
ployment and training activities funded under this
subtitle, and to others, through the one-stop customer
service system described in section 315(b).
(d) ENFORCEMENT.—
(1) ACCURACY
OF
INFORMATION.—If the des-
ignated State agency, after consultation with the local
partnership involved, determines that a provider or
individual supplying information on behalf of a pro-
vider intentionally supplies inaccurate information
under this section, the agency shall terminate the eli-
gibility of the provider to receive funds described in
subsection (a) for a period of time, but not less than
2 years.
(2) COMPLIANCE WITH CRITERIA OR REQUIRE-
MENTS.—If the designated State agency, after con-
sultation with the local partnership, determines that
a provider described in this section or a program of
training services carried out by such a provider fails
to meet the required performance criteria described in
subsection (c)(1)(B) or subsection (e)(2), as appro-
priate, or materially violates any provision of this
title, including the regulations promulgated to imple-
ment this title, the agency may terminate the eligi-
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bility of the provider to receive funds described in
subsection (a) for such program or take such other ac-
tion as the agency determines to be appropriate.
(3) REPAYMENT.—Any provider whose eligibility
is terminated under paragraph (1) or (2) for a pro-
gram shall be liable for repayment of funds described
in subsection (a) received for the program during any
period of noncompliance described in such paragraph.
(4) APPEAL.—The Governor shall establish a
procedure for a provider to appeal a determination
by the designated State agency that results in termi-
nation of eligibility under this subsection. Such proce-
dure shall provide an opportunity for a hearing and
prescribe appropriate time limits to ensure prompt
resolution of the appeal.
(e) ON-THE-JOB TRAINING EXCEPTION.—
(1) IN GENERAL.—Providers of on-the-job train-
ing shall not be subject to the requirements of sub-
sections (a) through (c).
(2) COLLECTION AND DISSEMINATION OF INFOR-
MATION.—A one-stop customer service center operator
in a local area shall collect such performance infor-
mation from on-the-job training providers as the Gov-
ernor may require, determine whether the providers
meet such performance criteria as the Governor may
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require, and disseminate such information through
the one-stop customer service system.
(f) ADMINISTRATION.—The Governor shall designate a
State agency to collect and disseminate the performance in-
formation described in subsection (b)(2)(C) and any infor-
mation required to be submitted under subsection (b)(2)(D)
and carry out other duties described in this section.
SEC. 313. IDENTIFICATION OF ELIGIBLE PROVIDERS OF
YOUTH ACTIVITIES.
The youth partnership is authorized to award grants
and contracts on a competitive basis, based on the criteria
contained in the State plan and local plan, to providers
of youth activities, and conduct oversight with respect to
such providers, in the local area.
SEC. 314. STATEWIDE WORKFORCE INVESTMENT ACTIVI-
TIES.
(a) IN GENERAL.—Funds reserved by a Governor for
a State—
(1) under section 306(a)(2) shall be used to carry
out the statewide rapid response activities described
in subsection (b)(1); and
(2) under section 306(a)(1)—
(A) shall be used to carry out the statewide
workforce investment activities described in sub-
section (b)(2); and
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(B) may be used to carry out any of the
statewide workforce investment activities de-
scribed in subsection (c),
regardless of whether the funds were allotted to the
State under paragraph (1), (2), or (3) of section
302(b).
(b) REQUIRED STATEWIDE WORKFORCE INVESTMENT
ACTIVITIES.—
(1) STATEWIDE RAPID RESPONSE ACTIVITIES.—
A State shall use funds reserved under section
306(a)(2) to carry out statewide rapid response ac-
tivities, which shall include—
(A) provision of rapid response activities,
carried out in local areas by the State, working
in conjunction with the local partnership and
the chief elected official in the local area; and
(B) provision of additional assistance to
local areas that experience disasters, mass layoffs
or plant closings, or other events that precipitate
substantial increases in the number of unem-
ployed individuals, carried out in the local areas
by the State, working in conjunction with the
local partnership and the chief elected official in
the local areas.
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(2) OTHER REQUIRED STATEWIDE WORKFORCE
INVESTMENT ACTIVITIES.—A State shall use funds re-
served under section 306(a)(1) to carry out other
statewide workforce investment activities, which shall
include—
(A) disseminating the list of eligible provid-
ers of training services, including eligible provid-
ers of nontraditional training services, and the
performance information as described in sub-
sections (b) and (c) of section 312, and a list of
eligible providers of youth activities described in
section 313;
(B) conducting evaluations, under section
321(e), of activities authorized in this section,
section 315, and section 316, in coordination
with the activities carried out under section 368;
(C) providing incentive grants to local
areas for regional cooperation among local part-
nerships, for local coordination and nonduplica-
tion of activities carried out under this Act, and
for comparative performance by local areas on
the local performance measures described in sec-
tion 321(c);
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(D) providing technical assistance to local
areas that fail to meet local performance meas-
ures;
(E) assisting in the establishment and oper-
ation of a one-stop customer service system; and
(F) operating a fiscal and management ac-
countability information system under section
321(f).
(c) ALLOWABLE STATEWIDE WORKFORCE INVESTMENT
ACTIVITIES.—
(1) IN GENERAL.—A State may use funds re-
served under section 306(a)(1) to carry out additional
statewide workforce investment activities, which may
include—
(A) subject to paragraph (2), administra-
tion by the State of the workforce investment ac-
tivities carried out under this subtitle;
(B) identification and implementation of
incumbent worker training programs, which
may include the establishment and implementa-
tion of an employer loan program;
(C) carrying out other activities authorized
in section 315 that the State determines to be
necessary to assist local areas in carrying out
activities described in subsection (c) or (d) of sec-
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tion 315 through the statewide workforce invest-
ment system; and
(D) carrying out, on a statewide basis, ac-
tivities described in section 316.
(2) LIMITATION.—
(A) IN GENERAL.—Of the funds allotted to
a State under section 302(b) and reserved under
section 306(a)(1) for a fiscal year—
(i) not more than 5 percent of the
amount allotted under section 302(b)(1);
(ii) not more than 5 percent of the
amount allotted under section 302(b)(2);
and
(iii) not more than 5 percent of the
amount allotted under section 302(b)(3),
may be used by the State for the administration
of statewide workforce investment activities car-
ried out under this section.
(B) USE OF FUNDS.—Funds made available
for administrative costs under subparagraph (A)
may be used for the administrative cost of any
of the statewide workforce investment activities,
regardless of whether the funds were allotted to
the State under paragraph (1), (2), or (3) of sec-
tion 302(b).
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(d) PROHIBITION.—No funds described in subsection
(a) shall be used to develop or implement education curric-
ula for school systems in the State.
SEC. 315. LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.
(a) IN GENERAL.—Funds received by a local area
under paragraph (3)(A) or (4)(A), as appropriate, of sec-
tion 306(b), and funds received by the local area under sec-
tion 306(b)(3)(B)—
(1) shall be used to carry out employment and
training activities described in subsection (c) for
adults or dislocated workers, as appropriate; and
(2) may be used to carry out employment and
training activities described in subsection (d) for
adults or dislocated workers, as appropriate.
(b) ESTABLISHMENT OF ONE-STOP CUSTOMER SERV-
ICE SYSTEM.—
(1) IN GENERAL.—There shall be established in
a State that receives an allotment under section 302
a one-stop customer service system, which—
(A) shall provide the core services described
in subsection (c)(2);
(B) shall provide access to training services
as described in subsection (c)(3);
(C) shall provide access to the activities (if
any) carried out under subsection (d); and
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(D) shall provide access to the information
described in section 15 of the Wagner-Peyser Act
and all job search, placement, recruitment, and
other labor exchange services authorized under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(2) ONE-STOP DELIVERY.—At a minimum, the
one-stop customer service system—
(A) shall make each of the services described
in paragraph (1) accessible at not less than 1
physical customer service center in each local
area of the State; and
(B) may also make services described in
paragraph (1) available—
(i) through a network of customer serv-
ice centers that can provide 1 or more of the
services described in paragraph (1) to such
individuals; and
(ii) through a network of eligible one-
stop partners—
(I) in which each partner pro-
vides 1 or more of the services to such
individuals and is accessible at a cus-
tomer service center that consists of a
physical location or an electronically
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or technologically linked access point;
and
(II) that assures individuals that
information on the availability of core
services will be available regardless of
where the individuals initially enter
the statewide workforce investment sys-
tem, 
including 
information 
made
available through an access point de-
scribed in subclause (I).
(c) REQUIRED LOCAL ACTIVITIES.—
(1) IN
GENERAL.—Funds received by a local
area under paragraph (3)(A) or (4)(A), as appro-
priate, of section 306(b), and funds received by the
local area under section 306(b)(3)(B), shall be used—
(A) to establish a one-stop customer service
center described in subsection (b);
(B) to provide the core services described in
paragraph (2) to participants described in such
paragraph through the one-stop customer service
system; and
(C) to provide training services described in
paragraph (3) to participants described in such
paragraph.
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(2) CORE SERVICES.—Funds received by a local
area as described in paragraph (1) shall be used to
provide core services, which shall be available to all
individuals seeking assistance through a one-stop cus-
tomer service system and shall, at a minimum, in-
clude—
(A) determinations of whether the individ-
uals are eligible to receive activities under this
subtitle;
(B) outreach, intake (which may include
worker profiling), and orientation to the infor-
mation and other services available through the
one-stop customer service system;
(C) initial assessment of skill levels, apti-
tudes, abilities, and supportive service needs;
(D) case management assistance, as appro-
priate;
(E) job search and placement assistance;
(F) provision of information regarding—
(i) local, State, and, if appropriate, re-
gional or national, employment opportuni-
ties; and
(ii) job skills necessary to obtain the
employment opportunities;
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in the local area, and referral to such services,
as appropriate;
(K) provision of information regarding fil-
ing claims for unemployment compensation;
(L) assistance in establishing eligibility
for—
(i) welfare-to-work activities authorized
under section 403(a)(5) of the Social Secu-
rity Act (as added by section 5001 of the
Balanced Budget Act of 1997) available in
the local area; and
(ii) programs of financial aid assist-
ance for training and education programs
that are not funded under this Act and are
available in the local area; and
(M) followup services, including counseling
regarding the workplace, for participants in
workforce investment activities who are placed in
unsubsidized employment, for not less than 12
months after the first day of the employment, as
appropriate.
(3) REQUIRED TRAINING SERVICES.—
(A) ELIGIBLE
PARTICIPANTS.—Funds re-
ceived by a local area as described in paragraph
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(1) shall be used to provide training services to
individuals—
(i) who are adults (including dis-
located workers);
(ii) who seek the services;
(iii)(I) who are unable to obtain em-
ployment through the core services; or
(II) who are employed and who are de-
termined by a one-stop customer service
center operator to be in need of such train-
ing services in order to gain or retain em-
ployment that allows for self-sufficiency;
(iv) who after an interview, evaluation,
or assessment, and case management, have
been determined by a one-stop customer
service center operator or one-stop partner,
as appropriate, to be in need of training
services and to have the skills and qualifica-
tions, to successfully participate in the se-
lected program of training services;
(v) who select programs of training
services that are directly linked to the em-
ployment opportunities in the local area in-
volved or in another area in which the
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adults receiving such services are willing to
relocate;
(vi) who meet the requirements of sub-
paragraph (B); and
(vii) who are determined to be eligible
in accordance with the priority system, if
any, in effect under subparagraph (D).
(B) QUALIFICATION.—
(i) REQUIREMENT.—Except as pro-
vided in clause (ii), provision of such train-
ing services shall be limited to individuals
who—
(I) are unable to obtain other
grant assistance for such services, in-
cluding Federal Pell Grants established
under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.); or
(II) require assistance beyond the
assistance made available under other
grant assistance programs, including
Federal Pell Grants.
(ii) 
REIMBURSEMENTS.—Training
services may be provided under this para-
graph to an individual who otherwise meets
the requirements of this paragraph while an
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application for a Federal Pell Grant is
pending, except that if such individual is
subsequently awarded a Federal Pell Grant,
appropriate reimbursement shall be made to
the local area from such Federal Pell Grant.
(C) TRAINING SERVICES.—Training services
may include—
(i) employment skill training;
(ii) on-the-job training;
(iii) job readiness training; and
(iv) adult education services when pro-
vided in combination with services described
in clause (i), (ii), or (iii).
(D) PRIORITY.—In the event that funds are
limited within a local area for adult employment
and training activities, priority shall be given to
disadvantaged adults for receipt of training serv-
ices provided under this paragraph. The appro-
priate local partnership and the Governor shall
direct the one-stop customer service center opera-
tor in the local area with regard to making de-
terminations related to such priority.
(E) DELIVERY
OF
SERVICES.—Training
services provided under this paragraph shall be
provided—
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(i) except as provided in section
312(e), through eligible providers of such
services identified in accordance with sec-
tion 312; and
(ii) in accordance with subparagraph
(F).
(F) CONSUMER CHOICE REQUIREMENTS.—
(i) IN
GENERAL.—Training services
provided under this paragraph shall be pro-
vided in a manner that maximizes con-
sumer choice in the selection of an eligible
provider of such services.
(ii) ELIGIBLE PROVIDERS.—Each local
partnership, 
through 
one-stop 
customer
service centers, shall make available—
(I) the list of eligible providers re-
quired under subsection (b)(3) or (c)(2)
of section 312, with a description of the
programs through which the providers
may offer the training services, and a
list of the names of on-the-job training
providers; and
(II) the performance information
on eligible providers of training serv-
ices as described in section 312.
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(iii) 
EMPLOYMENT
INFORMATION.—
Each local partnership, through one-stop
customer service centers, shall make avail-
able—
(I) information regarding local,
State, and, if appropriate, regional or
national, employment opportunities;
and
(II) information regarding the job
skills necessary to obtain the employ-
ment opportunities.
(iv) 
INDIVIDUAL
TRAINING
AC-
COUNTS.—An individual who is eligible
pursuant to subparagraph (A) and seeks
training services may select, in consultation
with a case manager, an eligible provider of
training services from the lists of providers
described in clause (ii)(I). Upon such selec-
tion, the operator of the one-stop customer
service center shall, to the extent prac-
ticable, refer such individual to the eligible
provider of training services, and arrange
for payment for such services through an
individual training account.
(d) PERMISSIBLE LOCAL ACTIVITIES.—
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(1) DISCRETIONARY ONE-STOP DELIVERY ACTIVI-
TIES.—Funds received by a local area under para-
graph (3)(A) or (4)(A), as appropriate, of section
306(b), and funds received by the local area under
section 306(b)(3)(B) may be used to provide, through
one-stop delivery described in subsection (b)(2)—
(A) intensive employment-related services
for adults;
(B) customized screening and referral of
qualified participants in training services to em-
ployment; and
(C) customized employment-related services
to employers.
(2) SUPPORTIVE SERVICES.—Funds received by
the local area as described in paragraph (1) may be
used to provide supportive services to participants—
(A) who are participating in activities de-
scribed in this section; and
(B) who are unable to obtain such support-
ive services through other programs providing
such services.
(3) NEEDS-RELATED PAYMENTS.—
(A) IN GENERAL.—Funds received by the
local area under section 306(b)(3)(B) may be
used to provide needs-related payments to dis-
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located workers who do not qualify for, or have
exhausted, unemployment compensation, for the
purpose of enabling such individuals to partici-
pate in training services.
(B) ADDITIONAL
ELIGIBILITY
REQUIRE-
MENTS.—In addition to the requirements con-
tained in subparagraph (A), a dislocated worker
who has ceased to qualify for unemployment
compensation may be eligible to receive needs-re-
lated payments under this paragraph only if
such worker was enrolled in the training serv-
ices—
(i) by the end of the 13th week after the
most recent layoff that resulted in a deter-
mination of the worker’s eligibility for em-
ployment and training activities for dis-
located workers under this subtitle; or
(ii) if later, by the end of the 8th week
after the worker is informed that a short-
term layoff will exceed 6 months.
(C) LEVEL OF PAYMENTS.—The level of a
needs-related payment made to a dislocated
worker under this paragraph shall not exceed the
greater of—
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(i) the applicable level of unemploy-
ment compensation; or
(ii) if such worker did not qualify for
unemployment compensation, an amount
equal to the poverty line, for an equivalent
period, which amount shall be adjusted to
reflect changes in total family income.
SEC. 316. LOCAL YOUTH ACTIVITIES.
(a) PURPOSES.—The purposes of this section are—
(1) to provide, to youth seeking assistance in
achieving academic and employment success, effective
and comprehensive activities, which shall include a
variety of options for improving educational and skill
competencies and provide effective connections to em-
ployers;
(2) to ensure continuous contact for youth with
committed adults;
(3) to provide opportunities for training to
youth;
(4) to provide continued support services for
youth;
(5) to provide incentives for recognition and
achievement to youth; and
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(6) to provide opportunities for youth in activi-
ties related to leadership, development, decision-
making, citizenship, and community service.
(b) REQUIRED ELEMENTS.—Funds received by a local
area under paragraph (3)(C) or (4)(B) of section 306(b)
shall be used to carry out, for youth who seek the activities,
activities that—
(1) consist of the provision of—
(A) tutoring, study skills training, and in-
struction, leading to completion of secondary
school, including dropout prevention strategies;
(B) alternative secondary school services;
(C) summer employment opportunities and
other paid and unpaid work experiences, includ-
ing internships and job shadowing;
(D) employment skill training, as appro-
priate;
(E) community service and leadership de-
velopment opportunities;
(F) services described in section 315(c)(2);
(G) supportive services;
(H) adult mentoring for the period of par-
ticipation and a subsequent period, for a total of
not less than 12 months; and
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(I) followup services for not less than 12
months after the completion of participation, as
appropriate;
(2) provide—
(A) preparation for postsecondary edu-
cational opportunities, in appropriate cases;
(B) strong linkages between academic and
occupational learning;
(C) preparation for unsubsidized employ-
ment opportunities, in appropriate cases; and
(D) effective connections to intermediaries
with strong links to—
(i) the job market; and
(ii) local and regional employers; and
(3) involve parents, participants, and other
members of the community with experience relating to
youth in the design and implementation of the activi-
ties.
(c) PRIORITY.—
(1) IN GENERAL.—At a minimum, 50 percent of
the funds described in subsection (b) shall be used to
provide youth activities to out-of-school youth.
(2) EXCEPTION.—A State that receives a mini-
mum allotment under paragraph (1) or (3) of section
302(b) in accordance with section 302(b)(1)(B)(iv)(II)
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may reduce the percentage described in paragraph (1)
for a local area in the State, if—
(A) after an analysis of the youth popu-
lation in the local area, the State determines
that the local area will be unable to meet the per-
centage described in paragraph (1) due to a low
number of out-of-school youth; and
(B)(i) the State submits to the Secretary,
for the local area, a request including a proposed
reduced percentage for purposes of paragraph
(1), and the summary of the youth population
analysis; and
(ii) the request is approved by the Sec-
retary.
(d) PROHIBITIONS.—
(1) NO
LOCAL
EDUCATION
CURRICULUM.—No
funds described in subsection (b) shall be used to de-
velop or implement local school system education cur-
ricula.
(2) NONDUPLICATION.—No funds described in
subsection (b) shall be used to carry out activities that
duplicate federally funded activities available to
youth in the local area.
(3) NONINTERFERENCE
AND
NONREPLACEMENT
OF REGULAR ACADEMIC REQUIREMENTS.—No funds
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described in subsection (b) shall be used to provide an
activity for youth who are not school dropouts if par-
ticipation in the activity would interfere with or re-
place the regular academic requirements of the youth.
CHAPTER 4—GENERAL PROVISIONS
SEC. 321. ACCOUNTABILITY.
(a) PURPOSE.—The purpose of this section is to estab-
lish comprehensive performance measures to assess the effec-
tiveness of States and local areas in achieving continuous
improvement of workforce investment activities funded
under this subtitle, in order to maximize the return on in-
vestment of Federal funds in State and local workforce de-
velopment activities.
(b) STATE PERFORMANCE MEASURES.—
(1) IN GENERAL.—To be eligible to receive an al-
lotment under section 302, a State shall establish, and
identify in the State plan, State performance meas-
ures. Each State performance measure shall consist of
an indicator of performance referred to in paragraph
(2) or (3) and a level of performance referred to in
paragraph (4).
(2) CORE INDICATORS OF PERFORMANCE.—
(A) IN GENERAL.—The State performance
measures shall include indicators of performance
for workforce investment activities provided
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under this subtitle (except for self-service and in-
formational activities) for each of the population
groups described in subparagraph (B). Such in-
dicators, at a minimum, shall consist of—
(i) entry into unsubsidized employ-
ment;
(ii) retention in unsubsidized employ-
ment 6 months after entry into the employ-
ment;
(iii) earnings received in unsubsidized
employment 6 months after entry into the
employment; and
(iv) attainment of a recognized creden-
tial relating to achievement of educational
skills (including basic skills) or occupa-
tional skills, by participants who entered
unsubsidized employment, or by partici-
pants who are in-school youth, taking into
account attainment of more than 1 such
credential.
(B) POPULATION GROUPS.—The indicators
described in subparagraph (A) shall be applica-
ble to each of the following populations:
(i) Dislocated workers.
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(ii) 
Economically 
disadvantaged
adults.
(iii) Youth.
(3) ADDITIONAL
INDICATORS
OF
PERFORM-
ANCE.—
(A) 
CUSTOMER
SATISFACTION
INDICA-
TORS.—A State shall identify in the State plan
an indicator of performance concerning customer
satisfaction of employers and workers with re-
sults achieved from the workforce investment ac-
tivities in which the employers and workers par-
ticipated under this subtitle. The customer satis-
faction may be measured through surveys con-
ducted after the conclusion of participation in
the workforce investment activities.
(B) ADDITIONAL
INDICATORS.—A State
may identify in the State plan additional indi-
cators of performance relating to State goals for
workforce investment, including goals for the eco-
nomic success of the citizens of the State or other
State goals related to the objectives of this sub-
title.
(4) STATE LEVELS OF PERFORMANCE.—
(A) IN GENERAL.—The Secretary and each
Governor shall reach agreement on the levels of
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performance expected to be achieved by the State
on the State performance measures established
pursuant to this subsection. In reaching the
agreement, the Secretary and Governor shall es-
tablish a level of performance for each of the in-
dicators of performance described in paragraphs
(2) and (3). Such agreement shall take into ac-
count—
(i) how the levels compare with the lev-
els established by other States, taking into
account factors including differences in eco-
nomic conditions, the characteristics of par-
ticipants when the participants entered the
program, and the services to be provided;
(ii) the extent to which such levels pro-
mote continuous improvement in perform-
ance on the performance measures by such
State and ensure maximum return on the
investment of Federal funds; and
(iii) the extent to which the levels will
assist the State in attaining the workforce
investment goals of the State.
(B) ADJUSTMENTS.—If unanticipated cir-
cumstances arise in a State resulting in a sig-
nificant change in the factors described in sub-
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paragraph (A)(i), the Governor may request that
the levels of performance agreed to under sub-
paragraph (A) be adjusted. The Secretary, after
collaboration with the representatives described
in subsection (i), shall issue objective criteria
and methods for making such adjustments.
(c) LOCAL PERFORMANCE MEASURES.—
(1) IN GENERAL.—Each Governor shall negotiate
and reach agreement with the local partnership and
the chief elected official in each local area on local
performance measures, based on the State perform-
ance measures identified in the State plan. Each local
performance measure shall consist of an indicator of
performance referred to in paragraph (2) or (3) of
subsection (b) and a level of performance referred to
in paragraph (2).
(2) AGREEMENT.—
(A) IN GENERAL.—In reaching the agree-
ment, the Governor, local partnership, and chief
elected official shall establish an expected level of
performance for each of the indicators of per-
formance.
(B) 
CONSIDERATIONS.—Such 
agreement
shall take into account at the local level the mat-
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ters considered at the State level under clauses
(i), (ii), and (iii) of subsection (b)(4)(A).
(C) ADJUSTMENTS.—If unanticipated cir-
cumstances arise in a local area resulting in a
significant change in the factors referred to in
subsection (b)(4)(A)(i), the local partnership and
chief elected official may request that the levels
of performance agreed to under paragraph (1) be
adjusted, using criteria and methods referred to
in subsection (b)(4)(B).
(d) REPORT.—
(1) IN GENERAL.—Each State that receives an
allotment under section 302 shall annually prepare
and submit to the Secretary a report on the progress
of the State in achieving State performance measures.
The annual report also shall include information re-
garding the progress of local areas in achieving local
performance measures. The report also shall include
information on the status of State evaluations of
workforce investment activities described in subsection
(e).
(2) ADDITIONAL
INFORMATION.—In preparing
such report, the State shall include, at a minimum,
information on participants in workforce investment
activities relating to—
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(A) entry by participants who have com-
pleted training services provided under section
315(c)(3) into unsubsidized employment related
to the training received;
(B) wages at entry into employment for
participants in workforce investment activities
who entered unsubsidized employment, including
the rate of wage replacement for such partici-
pants who are dislocated workers;
(C) cost of workforce investment activities
relative to the effect of the activities on the per-
formance of participants;
(D) retention and earnings received in un-
subsidized employment 12 months after entry
into the employment;
(E) performance with respect to the indica-
tors of performance specified in subsection (b)(2)
of participants in workforce investment activities
who received the training services compared with
the performance of participants in workforce in-
vestment activities who received only services
other than the training services (excluding par-
ticipants who received only self-service and in-
formational activities); and
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(F) performance with respect to the indica-
tors of performance specified in subsection (b)(2)
of welfare recipients, out-of-school youth, veter-
ans, and individuals with disabilities.
(3) INFORMATION
DISSEMINATION.—The Sec-
retary shall make the information contained in such
reports available to Congress, the Library of Congress,
and the public through publication and other appro-
priate methods. The Secretary shall disseminate
State-by-State comparisons of the information after
adjusting the information to take account of dif-
ferences in specific circumstances, including economic
circumstances, of the States and after consulting with
each Governor as to the accuracy of the information
after adjustment.
(e) EVALUATION OF STATE PROGRAMS.—
(1) IN GENERAL.—Using funds made available
under this subtitle, the State, in coordination with
local partnerships in the State, shall conduct ongoing
evaluation studies of workforce investment activities
carried out in the State under this subtitle in order
to promote, establish, implement, and utilize methods
for continuously improving the activities in order to
achieve high-level performance within, and high-level
outcomes from, the statewide workforce investment
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system. To the maximum extent practicable, the State
shall coordinate the evaluations with the evaluations
provided for by the Secretary under section 368.
(2) DESIGN.—The evaluation studies conducted
under this subsection shall be designed in conjunction
with the statewide partnership and local partnerships
and shall include analysis of customer feedback and
outcome and process measures in the statewide work-
force investment system.
(3) RESULTS.—The State shall periodically pre-
pare and submit to the statewide partnership and
local partnerships in the State reports containing the
results of evaluation studies conducted under this sub-
section, to promote the efficiency and effectiveness of
the statewide workforce investment system in improv-
ing employability for jobseekers and competitiveness
for employers.
(f) FISCAL AND MANAGEMENT ACCOUNTABILITY IN-
FORMATION SYSTEMS.—
(1) IN GENERAL.—Using funds made available
under this subtitle, the Governor, in coordination
with local partnerships and chief elected officials in
the State, shall establish and operate a fiscal and
management accountability information system based
on guidelines established by the Secretary after con-
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sultation with the Governors, local elected officials,
and officers of agencies that administer workforce in-
vestment activities in local areas. Such guidelines
shall promote efficient collection and use of fiscal and
management information for reporting and monitor-
ing the use of funds made available under this subtitle
and for preparing the annual report described in sub-
section (d).
(2) WAGE RECORDS.—In measuring the progress
of the State on State and local performance measures,
a State shall utilize quarterly wage records. The Sec-
retary shall make arrangements to ensure that the
wage records of any State are available to any other
State to the extent that such wage records are re-
quired by the State in carrying out the State plan of
the State or completing the annual report described
in subsection (d).
(3) CONFIDENTIALITY.—In carrying out the re-
quirements of this Act, the State shall comply with
section 444 of the General Education Provisions Act
(20 U.S.C. 1232g) (as added by the Family Edu-
cational Rights and Privacy Act of 1974).
(g) SANCTIONS.—
(1) TECHNICAL ASSISTANCE OR REDUCTION OF
ALLOTMENTS.—The Secretary shall—
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(A) if a State failed to meet 1⁄3 or more of
the State performance measures for any year,
provide technical assistance in accordance with
section 366(b) to the State to improve the level
of performance of the State; and
(B) if a State failed to meet 1⁄2 or more of
the State performance measures for each of 2
consecutive years, or failed to meet the State per-
formance measures and the extent of the failure
with respect to 1⁄3 of such measures was signifi-
cant for each of 2 consecutive years—
(i) determine whether the failure in-
volved is attributable to—
(I) adult employment and train-
ing activities;
(II) dislocated worker employment
and training activities; or
(III) youth activities; and
(ii) reduce, by not more than 5 per-
cent, the allotment of the State under sec-
tion 302 for 1 year for the category of ac-
tivities described in clause (i) to which the
failure is attributable.
(2) CRITERIA.—The Secretary, after collabora-
tion with the representatives described in subsection
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(i), shall issue objective criteria for determining cases
in which the extent of failure is significant for pur-
poses of paragraph (1)(B).
(3) FUNDS RESULTING FROM REDUCED ALLOT-
MENTS.—The Secretary shall use an amount retained,
as a result of a reduction in an allotment to a State
made under paragraph (1)(B), to provide technical
assistance in accordance with section 366 to such
State.
(h) INCENTIVE GRANTS.—The Secretary shall make in-
centive grants under this title in accordance with section
365 to States that exceed the levels of performance for per-
formance measures established under this Act. In awarding
incentive grants under this title, the Secretary shall give
special consideration to those States achieving the highest
levels of performance on indicators of performance related
to employment retention and earnings.
(i) OTHER MEASURES AND TERMINOLOGY.—
(1) RESPONSIBILITIES.—The Secretary, after
collaboration with representatives of appropriate Fed-
eral agencies, and representatives of States and politi-
cal subdivisions, business and industry, employees, el-
igible providers of employment and training activi-
ties, educators, and participants, with expertise re-
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garding workforce investment policies and workforce
investment activities, shall issue—
(A) definitions for information required to
be reported under subsection (d)(2);
(B) terms for a menu of additional indica-
tors of performance described in subsection
(b)(3)(B) to assist States in assessing their
progress toward State workforce investment
goals;
(C) objective criteria and methods described
in subsection (b)(4)(B) for making adjustments
to levels of performance; and
(D) objective criteria described in subsection
(g)(2) for determining significant extent of fail-
ure on performance measures.
(2) DEFINITIONS FOR CORE INDICATORS.—The
Secretary and the representatives described in para-
graph (1) shall participate in the activities described
in section 502 concerning the issuance of definitions
for indicators of performance described in subsection
(b)(2).
(3) ASSISTANCE.—The Secretary shall make the
services of objective staff available to the representa-
tives to assist the representatives in participating in
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the collaboration described in paragraph (1) and in
the activities described in section 502.
SEC. 322. AUTHORIZATION OF APPROPRIATIONS.
(a) ADULT EMPLOYMENT
AND TRAINING ACTIVI-
TIES.—There are authorized to be appropriated to carry out
the activities described in section 302(a)(1) under this sub-
title, such sums as may be necessary for each of fiscal years
1999 through 2004.
(b) DISLOCATED WORKER EMPLOYMENT AND TRAIN-
ING ACTIVITIES.—There are authorized to be appropriated
to carry out the activities described in section 302(a)(2)
under this subtitle, such sums as may be necessary for each
of fiscal years 1999 through 2004.
(c) YOUTH ACTIVITIES.—There are authorized to be
appropriated to carry out the activities described in section
302(a)(3) under this subtitle, such sums as may be nec-
essary for each of fiscal years 1999 through 2004.
Subtitle B—Job Corps
SEC. 331. PURPOSES.
The purposes of this subtitle are—
(1) to maintain a national Job Corps program,
carried out in partnership with States and commu-
nities, to assist eligible youth who need and can bene-
fit from an intensive program, operated in a group
setting in residential and nonresidential centers, to
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become more responsible, employable, and productive
citizens;
(2) to set forth standards and procedures for se-
lecting individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps
centers in which enrollees will participate in inten-
sive programs of activities described in this subtitle;
and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continu-
ing development of the Job Corps.
SEC. 332. DEFINITIONS.
In this subtitle:
(1) APPLICABLE
LOCAL
PARTNERSHIP.—The
term ‘‘applicable local partnership’’ means a local
partnership—
(A) that provides information for a Job
Corps center on local employment opportunities
and the job skills needed to obtain the opportuni-
ties; and
(B) that serves communities in which the
graduates of the Job Corps center seek employ-
ment.
(2) APPLICABLE ONE-STOP CUSTOMER SERVICE
CENTER.—The term ‘‘applicable one-stop customer
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service center’’ means a one-stop customer service cen-
ter that provides services, such as referral, intake, re-
cruitment, and placement, to a Job Corps center.
(3) ENROLLEE.—The term ‘‘enrollee’’ means an
individual who has voluntarily applied for, been se-
lected for, and enrolled in the Job Corps program,
and remains with the program, but has not yet be-
come a graduate.
(4) FORMER ENROLLEE.—The term ‘‘former en-
rollee’’ means an individual who has voluntarily ap-
plied for, been selected for, and enrolled in the Job
Corps program, but left the program before complet-
ing the requirements of a vocational training pro-
gram, or receiving a secondary school diploma or rec-
ognized equivalent, as a result of participation in the
Job Corps program.
(5) GRADUATE.—The term ‘‘graduate’’ means an
individual who has voluntarily applied for, been se-
lected for, and enrolled in the Job Corps program and
has completed the requirements of a vocational train-
ing program, or received a secondary school diploma
or recognized equivalent, as a result of participation
in the Job Corps program.
(6) JOB CORPS.—The term ‘‘Job Corps’’ means
the Job Corps described in section 333.
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(7) JOB CORPS CENTER.—The term ‘‘Job Corps
center’’ means a center described in section 333.
(8) OPERATOR.—The term ‘‘operator’’ means an
entity selected under this subtitle to operate a Job
Corps center.
(9) REGION.—The term ‘‘region’’ means an area
served by a regional office of the Employment and
Training Administration.
(10) SERVICE
PROVIDER.—The term ‘‘service
provider’’ means an entity selected under this subtitle
to provide services described in this subtitle to a Job
Corps center.
SEC. 333. ESTABLISHMENT.
There shall be established in the Department of Labor
a Job Corps program, to carry out activities described in
this subtitle for individuals enrolled in a Job Corps and
assigned to a center.
SEC. 334. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
To be eligible to become an enrollee, an individual
shall be—
(1) not less than age 16 and not more than age
21 on the date of enrollment, except that—
(A) not more than 20 percent of the indi-
viduals enrolled in the Job Corps may be not less
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than age 22 and not more than age 24 on the
date of enrollment; and
(B) either such maximum age limitation
may be waived by the Secretary, in accordance
with regulations of the Secretary, in the case of
an individual with a disability;
(2) a low-income individual; and
(3) an individual who is 1 or more of the follow-
ing:
(A) Basic skills deficient.
(B) A school dropout.
(C) Homeless, a runaway, or a foster child.
(D) A parent.
(E) An individual who requires additional
education, vocational training, or intensive
counseling and related assistance, in order to
participate successfully in regular schoolwork or
to secure and hold employment.
SEC. 335. RECRUITMENT, SCREENING, SELECTION, AND AS-
SIGNMENT OF ENROLLEES.
(a) STANDARDS AND PROCEDURES.—
(1) IN GENERAL.—The Secretary shall prescribe
specific standards and procedures for the recruitment,
screening, and selection of eligible applicants for the
Job Corps, after considering recommendations from
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the Governors, local partnerships, and other interested
parties.
(2) METHODS.—In prescribing standards and
procedures under paragraph (1), the Secretary, at a
minimum, shall—
(A) prescribe procedures for informing en-
rollees that drug tests will be administered to the
enrollees and the results received within 45 days
after the enrollees enroll in the Job Corps;
(B) establish standards for recruitment of
Job Corps applicants;
(C) establish standards and procedures
for—
(i) determining, for each applicant,
whether the educational and vocational
needs of the applicant can best be met
through the Job Corps program or an alter-
native program in the community in which
the applicant resides; and
(ii) obtaining from each applicant per-
tinent data relating to background, needs,
and interests for determining eligibility and
potential assignment;
(D) where appropriate, take measures to
improve the professional capability of the indi-
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viduals conducting screening of the applicants;
and
(E) assure that an appropriate number of
enrollees are from rural areas.
(3) IMPLEMENTATION.—To the extent prac-
ticable, the standards and procedures shall be imple-
mented through arrangements with—
(A) applicable one-stop customer service
centers;
(B) community action agencies, business or-
ganizations, and labor organizations; and
(C) agencies and individuals that have con-
tact with youth over substantial periods of time
and are able to offer reliable information about
the needs and problems of youth.
(4) CONSULTATION.—The standards and proce-
dures shall provide for necessary consultation with in-
dividuals and organizations, including court, proba-
tion, parole, law enforcement, education, welfare, and
medical authorities and advisers.
(5) REIMBURSEMENT.—The Secretary is author-
ized to enter into contracts with and make payments
to individuals and organizations for the cost of con-
ducting recruitment, screening, and selection of eligi-
ble applicants for the Job Corps, as provided for in
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this section. The Secretary shall make no payment to
any individual or organization solely as compensa-
tion for referring the names of applicants for the Job
Corps.
(b) SPECIAL LIMITATIONS ON SELECTION.—
(1) IN GENERAL.—No individual shall be selected
as an enrollee unless the individual or organization
implementing the standards and procedures deter-
mines that—
(A) there is a reasonable expectation that
the individual considered for selection can par-
ticipate successfully in group situations and ac-
tivities, and is not likely to engage in behavior
that would prevent other enrollees from receiving
the benefit of the Job Corps program or be in-
compatible with the maintenance of sound dis-
cipline and satisfactory relationships between the
Job Corps center to which the individual might
be assigned and communities surrounding the
Job Corps center;
(B) the individual manifests a basic under-
standing of both the rules to which the individ-
ual will be subject and of the consequences of
failure to observe the rules; and
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(C) the individual has passed a background
check conducted in accordance with procedures
established by the Secretary.
(2) INDIVIDUALS ON PROBATION, PAROLE, OR SU-
PERVISED
RELEASE.—An individual on probation,
parole, or supervised release may be selected as an en-
rollee only if release from the supervision of the pro-
bation or parole official involved is satisfactory to the
official and the Secretary and does not violate appli-
cable laws (including regulations). No individual
shall be denied a position in the Job Corps solely on
the basis of individual contact with the criminal jus-
tice system.
(c) ASSIGNMENT PLAN.—
(1) IN GENERAL.—Every 2 years, the Secretary
shall develop and implement an assignment plan for
assigning enrollees to Job Corps centers. In developing
the plan, the Secretary shall, based on the analysis
described in paragraph (2), establish targets, applica-
ble to each Job Corps center, for—
(A) the maximum attainable percentage of
enrollees at the Job Corps center that reside in
the State in which the center is located; and
(B) the maximum attainable percentage of
enrollees at the Job Corps center that reside in
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the region in which the center is located, and in
surrounding regions.
(2) ANALYSIS.—In order to develop the plan de-
scribed in paragraph (1), the Secretary shall, every 2
years, analyze, for the Job Corps center—
(A) the size of the population of individuals
eligible to participate in Job Corps in the State
and region in which the Job Corps center is lo-
cated, and in surrounding regions;
(B) the relative demand for participation in
the Job Corps in the State and region, and in
surrounding regions; and
(C) the capacity and utilization of the Job
Corps center, including services provided through
the center.
(d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.—
(1) IN GENERAL.—After an individual has been
selected for the Job Corps in accordance with the
standards and procedures of the Secretary under sub-
section (a), the enrollee shall be assigned to the Job
Corps center that is closest to the home of the enrollee,
except that the Secretary may waive this requirement
if—
(A) the enrollee chooses a vocational train-
ing program, or requires an English as a second
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language program, that is not available at such
center;
(B) the enrollee is an individual with a dis-
ability and may be better served at another cen-
ter;
(C) the enrollee would be unduly delayed in
participating in the Job Corps program because
the closest center is operating at full capacity; or
(D) the parent or guardian of the enrollee
requests assignment of the enrollee to another Job
Corps center due to circumstances in the commu-
nity of the enrollee that would impair prospects
for successful participation in the Job Corps pro-
gram.
(2) ENROLLEES WHO ARE YOUNGER THAN 18.—
An enrollee who is younger than 18 shall not be as-
signed to a Job Corps center other than the center
closest to the home of the enrollee pursuant to para-
graph (1) if the parent or guardian of the enrollee ob-
jects to the assignment.
SEC. 336. ENROLLMENT.
(a) RELATIONSHIP BETWEEN ENROLLMENT AND MILI-
TARY OBLIGATIONS.—Enrollment in the Job Corps shall
not relieve any individual of obligations under the Military
Selective Service Act (50 U.S.C. App. 451 et seq.).
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(b) PERIOD OF ENROLLMENT.—No individual may be
enrolled in the Job Corps for more than 2 years, except—
(1) in a case in which completion of an ad-
vanced career training program under section 338(b)
would require an individual to participate in the Job
Corps for not more than 1 additional year; or
(2) as the Secretary may authorize in a special
case.
SEC. 337. JOB CORPS CENTERS.
(a) OPERATORS AND SERVICE PROVIDERS.—
(1) ELIGIBLE ENTITIES.—
(A) OPERATORS.—The Secretary shall enter
into an agreement with a Federal, State, or local
agency, such as individuals participating in a
statewide partnership or in a local partnership
or an agency that operates or wishes to develop
an area vocational education school facility or
residential vocational school, or with a private
organization, for the operation of each Job Corps
center.
(B) PROVIDERS.—The Secretary may enter
into an agreement with a local entity to provide
activities described in this subtitle to the Job
Corps center.
(2) SELECTION PROCESS.—
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(A) COMPETITIVE BASIS.—Except as pro-
vided in subsections (c) and (d) of section 303 of
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253), the Secretary
shall select on a competitive basis an entity to
operate a Job Corps center and entities to pro-
vide activities described in this subtitle to the
Job Corps center. In developing a solicitation for
an operator or service provider, the Secretary
shall consult with the Governor of the State in
which the center is located, the industry council
for the Job Corps center (if established), and the
applicable local partnership regarding the con-
tents of such solicitation, including elements that
will promote the consistency of the activities car-
ried out through the center with the objectives set
forth in the State plan or in a local plan.
(B) RECOMMENDATIONS
AND
CONSIDER-
ATIONS.—
(i) OPERATORS.—In selecting an en-
tity to operate a Job Corps center, the Sec-
retary shall consider—
(I) the ability of the entity to co-
ordinate the activities carried out
through the Job Corps center with ac-
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tivities carried out under the appro-
priate State plan and local plans;
(II) the degree to which the voca-
tional training that the entity proposes
for the center reflects local employment
opportunities in the local areas in
which enrollees at the center intend to
seek employment;
(III) the degree to which the en-
tity is familiar with the surrounding
communities, applicable one-stop cen-
ters, and the State and region in which
the center is located; and
(IV) the past performance of the
entity, if any, relating to operating or
providing activities described in this
subtitle to a Job Corps center.
(ii) PROVIDERS.—In selecting a service
provider for a Job Corps center, the Sec-
retary shall consider the factors described in
subclauses (I) through (IV) of clause (i), as
appropriate.
(b) CHARACTER AND ACTIVITIES.—Job Corps centers
may be residential or nonresidential in character, and shall
be designed and operated so as to provide enrollees, in a
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well-supervised setting, with access to activities described
in this subtitle. In any year, no more than 20 percent of
the individuals enrolled in the Job Corps may be nonresi-
dential participants in the Job Corps.
(c) CIVILIAN CONSERVATION CENTERS.—
(1) IN GENERAL.—The Job Corps centers may
include Civilian Conservation Centers operated under
agreements with the Secretary of Agriculture or the
Secretary of the Interior, located primarily in rural
areas, which shall provide, in addition to other voca-
tional training and assistance, programs of work ex-
perience to conserve, develop, or manage public natu-
ral resources or public recreational areas or to develop
community projects in the public interest.
(2) SELECTION PROCESS.—The Secretary may
select an entity to operate a Civilian Conservation
Center on a competitive basis, as provided in sub-
section (a), if the center fails to meet such national
performance standards as the Secretary shall estab-
lish.
(d) INDIAN TRIBES.—
(1) GENERAL AUTHORITY.—The Secretary may
enter into agreements with Indian tribes to operate
Job Corps centers for Indians.
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(2) DEFINITIONS.—In this subsection, the terms
‘‘Indian’’ and ‘‘Indian tribe’’, have the meanings
given such terms in subsections (d) and (e), respec-
tively, of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
SEC. 338. PROGRAM ACTIVITIES.
(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.—
(1) IN GENERAL.—Each Job Corps center shall
provide enrollees with an intensive, well organized,
and fully supervised program of education, vocational
training, work experience, recreational activities, and
counseling. Each Job Corps center shall provide en-
rollees assigned to the center with access to core serv-
ices described in subtitle A.
(2) RELATIONSHIP TO OPPORTUNITIES.—
(A) IN GENERAL.—The activities provided
under this subsection shall provide work-based
learning throughout the enrollment of the enroll-
ees and assist the enrollees in obtaining mean-
ingful unsubsidized employment, participating
in secondary education or postsecondary edu-
cation programs, enrolling in other suitable vo-
cational training programs, or satisfying Armed
Forces requirements, on completion of their en-
rollment.
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(B) LINK
TO
EMPLOYMENT
OPPORTUNI-
TIES.—The vocational training provided shall be
linked to the employment opportunities in the
local area in which the enrollee intends to seek
employment after graduation.
(b) ADVANCED CAREER TRAINING PROGRAMS.—
(1) IN GENERAL.—The Secretary may arrange
for programs of advanced career training for selected
enrollees in which the enrollees may continue to par-
ticipate for a period of not to exceed 1 year in addi-
tion to the period of participation to which the enroll-
ees would otherwise be limited. The advanced career
training may be provided through the eligible provid-
ers of training services identified by the State in-
volved under section 312.
(2) BENEFITS.—
(A) IN
GENERAL.—During the period of
participation in an advanced career training
program, an enrollee shall be eligible for full Job
Corps benefits, or a monthly stipend equal to the
average value of the residential support, food, al-
lowances, and other benefits provided to enrollees
assigned to residential Job Corps centers.
(B) CALCULATION.—The total amount for
which an enrollee shall be eligible under sub-
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paragraph (A) shall be reduced by the amount of
any scholarship or other educational grant as-
sistance received by such enrollee for advanced
career training.
(3) DEMONSTRATION.—Each year, any operator
seeking to enroll additional enrollees in an advanced
career training program shall demonstrate that par-
ticipants in such program have achieved a reasonable
rate of completion and placement in training-related
jobs before the operator may carry out such addi-
tional enrollment.
(c) CONTINUED SERVICES.—The Secretary shall also
provide continued services to graduates, including provid-
ing counseling regarding the workplace for 12 months after
the date of graduation of the graduates. In selecting a pro-
vider for such services, the Secretary shall give priority to
one-stop partners.
SEC. 339. COUNSELING AND JOB PLACEMENT.
(a) COUNSELING AND TESTING.—The Secretary shall
arrange for counseling and testing for each enrollee at regu-
lar intervals to measure progress in the education and voca-
tional training programs carried out through the Job
Corps.
(b) PLACEMENT.—The Secretary shall arrange for
counseling and testing for enrollees prior to their scheduled
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graduations to determine their capabilities and, based on
their capabilities, shall make every effort to arrange to place
the enrollees in jobs in the vocations for which the enrollees
are trained or to assist the enrollees in obtaining further
activities described in this subtitle. In arranging for the
placement of graduates in jobs, the Secretary shall utilize
the one-stop customer service system to the fullest extent pos-
sible.
(c) STATUS AND PROGRESS.—The Secretary shall de-
termine the status and progress of enrollees scheduled for
graduation and make every effort to assure that their needs
for further activities described in this subtitle are met.
SEC. 340. SUPPORT.
(a) PERSONAL ALLOWANCES.—The Secretary shall
provide enrollees assigned to Job Corps centers with such
personal allowances as the Secretary may determine to be
necessary or appropriate to meet the needs of the enrollees.
(b) READJUSTMENT
ALLOWANCES.—The Secretary
shall arrange for a readjustment allowance to be paid to
eligible former enrollees and graduates. The Secretary shall
arrange for the allowance to be paid at the one-stop cus-
tomer service center nearest to the home of such a former
enrollee or graduate who is returning home, or at the one-
stop customer service center nearest to the location where
the former enrollee or graduate has indicated an intent to
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seek employment. If the Secretary uses any organization,
in lieu of a one-stop customer service center, to provide
placement services under this Act, the Secretary shall ar-
range for that organization to pay the readjustment allow-
ance.
SEC. 341. OPERATING PLAN.
(a) IN GENERAL.—The provisions of the contract be-
tween the Secretary and an entity selected to operate a Job
Corps center shall, at a minimum, serve as an operating
plan for the Job Corps center.
(b) ADDITIONAL INFORMATION.—The Secretary may
require the operator, in order to remain eligible to operate
the Job Corps center, to submit such additional information
as the Secretary may require, which shall be considered
part of the operating plan.
(c) AVAILABILITY.—The Secretary shall make the oper-
ating plan described in subsections (a) and (b), excluding
any proprietary information, available to the public.
SEC. 342. STANDARDS OF CONDUCT.
(a) PROVISION AND ENFORCEMENT.—The Secretary
shall provide, and directors of Job Corps centers shall strin-
gently enforce, standards of conduct within the centers.
Such standards of conduct shall include provisions forbid-
ding the actions described in subsection (b)(2)(A).
(b) DISCIPLINARY MEASURES.—
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(1) IN GENERAL.—To promote the proper moral
and disciplinary conditions in the Job Corps, the di-
rectors of Job Corps centers shall take appropriate
disciplinary measures against enrollees. If such a di-
rector determines that an enrollee has committed a
violation of the standards of conduct, the director
shall dismiss the enrollee from the Job Corps if the di-
rector determines that the retention of the enrollee in
the Job Corps will jeopardize the enforcement of such
standards or diminish the opportunities of other en-
rollees.
(2) ZERO TOLERANCE POLICY AND DRUG TEST-
ING.—
(A) 
GUIDELINES.—The 
Secretary 
shall
adopt guidelines establishing a zero tolerance
policy for an act of violence, for use, sale, or pos-
session of a controlled substance, for abuse of al-
cohol, or for other illegal or disruptive activity.
(B) DRUG TESTING.—The Secretary shall
require drug testing of all enrollees for controlled
substances in accordance with procedures pre-
scribed by the Secretary under section 335(a).
(C) DEFINITIONS.—In this paragraph:
(i) 
CONTROLLED
SUBSTANCE.—The
term ‘‘controlled substance’’ has the mean-
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ing given the term in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(ii) ZERO
TOLERANCE
POLICY.—The
term ‘‘zero tolerance policy’’ means a policy
under which an enrollee shall be automati-
cally dismissed from the Job Corps after a
determination by the director that the en-
rollee has carried out an action described in
subparagraph (A).
(c) APPEAL.—A disciplinary measure taken by a di-
rector under this section shall be subject to expeditious ap-
peal in accordance with procedures established by the Sec-
retary.
SEC. 343. COMMUNITY PARTICIPATION.
(a) BUSINESS AND COMMUNITY LIAISON.—Each Job
Corps center shall have a Business and Community Liaison
(referred to in this Act as a ‘‘Liaison’’), designated by the
director of the center.
(b) RESPONSIBILITIES.—The responsibilities of the Li-
aison shall include—
(1) establishing and developing relationships and
networks with—
(A) local and distant employers; and
(B) applicable one-stop customer service
centers and applicable local partnerships,
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for the purpose of providing job opportunities for Job
Corps graduates; and
(2) establishing and developing relationships
with members of the community in which the Job
Corps center is located, informing members of the
community about the projects of the Job Corps center
and changes in the rules, procedures, or activities of
the center that may affect the community, and plan-
ning events of mutual interest to the community and
the Job Corps center.
(c) NEW CENTERS.—The Liaison for a Job Corps cen-
ter that is not yet operating shall establish and develop the
relationships and networks described in subsection (b) at
least 3 months prior to the date on which the center accepts
the first enrollee at the center.
SEC. 344. INDUSTRY COUNCILS.
(a) IN GENERAL.—Each Job Corps center shall have
an industry council, appointed by the director of the center
after consultation with the Liaison, in accordance with pro-
cedures established by the Secretary.
(b) INDUSTRY COUNCIL COMPOSITION.—
(1) IN GENERAL.—An industry council shall be
comprised of—
(A) a majority of members who shall be
local and distant owners of business concerns,
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chief executives or chief operating officers of non-
governmental employers, or other private sector
employers, who—
(i) have substantial management, hir-
ing, or policy responsibility; and
(ii) represent businesses with employ-
ment opportunities that reflect the employ-
ment opportunities of the applicable local
area; and
(B) representatives of labor organizations
(where present) and representatives of employees.
(2) LOCAL PARTNERSHIP.—The industry council
may include members of the applicable local partner-
ships who meet the requirements described in para-
graph (1).
(c) RESPONSIBILITIES.—The responsibilities of the in-
dustry council shall be—
(1) to work closely with all applicable local part-
nerships in order to determine, and recommend to the
Secretary, appropriate vocational training for the
center;
(2) to review all the relevant labor market infor-
mation to—
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(A) determine the employment opportunities
in the local areas in which the enrollees intend
to seek employment after graduation;
(B) determine the skills and education that
are necessary to obtain the employment opportu-
nities; and
(C) recommend to the Secretary the type of
vocational training that should be implemented
at the center to enable the enrollees to obtain the
employment opportunities; and
(3) to meet at least once every 6 months to re-
evaluate the labor market information, and other rel-
evant information, to determine, and recommend to
the Secretary, any necessary changes in the voca-
tional training provided at the center.
(d) NEW CENTERS.—The industry council for a Job
Corps center that is not yet operating shall carry out the
responsibilities described in subsection (c) at least 3 months
prior to the date on which the center accepts the first en-
rollee at the center.
SEC. 345. ADVISORY COMMITTEES.
The Secretary may establish and use advisory commit-
tees in connection with the operation of the Job Corps pro-
gram, and the operation of Job Corps centers, whenever the
Secretary determines that the availability of outside advice
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and counsel on a regular basis would be of substantial bene-
fit in identifying and overcoming problems, in planning
program or center development, or in strengthening rela-
tionships between the Job Corps and agencies, institutions,
or groups engaged in related activities.
SEC. 346. EXPERIMENTAL, RESEARCH, AND DEMONSTRA-
TION PROJECTS.
The Secretary may carry out experimental, research,
or demonstration projects relating to carrying out the Job
Corps program and may waive any provisions of this sub-
title that the Secretary finds would prevent the Secretary
from carrying out the projects.
SEC. 347. APPLICATION OF PROVISIONS OF FEDERAL LAW.
(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL
EMPLOYEES.—
(1) IN GENERAL.—Except as otherwise provided
in this subsection and in section 8143(a) of title 5,
United States Code, enrollees shall not be considered
to be Federal employees and shall not be subject to the
provisions of law relating to Federal employment, in-
cluding such provisions regarding hours of work, rates
of compensation, leave, unemployment compensation,
and Federal employee benefits.
(2) PROVISIONS RELATING TO TAXES AND SOCIAL
SECURITY BENEFITS.—For purposes of the Internal
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Revenue Code of 1986 and title II of the Social Secu-
rity Act (42 U.S.C. 401 et seq.), enrollees shall be
deemed to be employees of the United States and any
service performed by an individual as an enrollee
shall be deemed to be performed in the employ of the
United States.
(3) PROVISIONS RELATING TO COMPENSATION TO
FEDERAL
EMPLOYEES
FOR
WORK
INJURIES.—For
purposes of subchapter I of chapter 81 of title 5,
United States Code (relating to compensation to Fed-
eral employees for work injuries), enrollees shall be
deemed to be civil employees of the Government of the
United States within the meaning of the term ‘‘em-
ployee’’ as defined in section 8101 of title 5, United
States Code, and the provisions of such subchapter
shall apply as specified in section 8143(a) of title 5,
United States Code.
(4) FEDERAL
TORT
CLAIMS
PROVISIONS.—For
purposes of the Federal tort claims provisions in title
28, United States Code, enrollees shall be considered
to be employees of the Government.
(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the
Secretary finds a claim for damages to a person or property
resulting from the operation of the Job Corps to be a proper
charge against the United States, and the claim is not cog-
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nizable under section 2672 of title 28, United States Code,
the Secretary may adjust and settle the claim in an amount
not exceeding $1,500.
(c) PERSONNEL OF THE UNIFORMED SERVICES.—Per-
sonnel of the uniformed services who are detailed or as-
signed to duty in the performance of agreements made by
the Secretary for the support of the Job Corps shall not be
counted in computing strength under any law limiting the
strength of such services or in computing the percentage au-
thorized by law for any grade in such services.
SEC. 348. SPECIAL PROVISIONS.
(a) ENROLLMENT.—The Secretary shall ensure that
women and men have an equal opportunity to participate
in the Job Corps program, consistent with section 335.
(b) 
STUDIES, 
EVALUATIONS, 
PROPOSALS, 
AND
DATA.—The Secretary shall assure that all studies, evalua-
tions, proposals, and data produced or developed with Fed-
eral funds in the course of carrying out the Job Corps pro-
gram shall become the property of the United States.
(c) TRANSFER OF PROPERTY.—
(1) IN GENERAL.—Notwithstanding title II of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481 et seq.) and any other provision
of law, the Secretary and the Secretary of Education
shall receive priority by the Secretary of Defense for
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the direct transfer, on a nonreimbursable basis, of the
property described in paragraph (2) for use in carry-
ing out programs under this Act or under any other
Act.
(2) PROPERTY.—The property described in this
paragraph is real and personal property under the
control of the Department of Defense that is not used
by such Department, including property that the Sec-
retary of Defense determines is in excess of current
and projected requirements of such Department.
(d) GROSS RECEIPTS.—Transactions conducted by a
private for-profit or nonprofit entity that is an operator
or service provider for a Job Corps center shall not be con-
sidered to be generating gross receipts. Such an operator
or service provider shall not be liable, directly or indirectly,
to any State or subdivision of a State (nor to any person
acting on behalf of such a State or subdivision) for any
gross receipts taxes, business privilege taxes measured by
gross receipts, or any similar taxes imposed on, or meas-
ured by, gross receipts in connection with any payments
made to or by such entity for operating or providing serv-
ices to a Job Corps center. Such an operator or service pro-
vider shall not be liable to any State or subdivision of a
State to collect or pay any sales, excise, use, or similar tax
imposed on the sale to or use by such operator or service
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provider of any property, service, or other item in connec-
tion with the operation of or provision of services to a Job
Corps center.
(e) MANAGEMENT FEE.—The Secretary shall provide
each operator and (in an appropriate case, as determined
by the Secretary) service provider with an equitable and
negotiated management fee of not less than 1 percent of the
amount of the funding provided under the appropriate
agreement specified in section 337.
(f) DONATIONS.—The Secretary may accept on behalf
of the Job Corps or individual Job Corps centers charitable
donations of cash or other assistance, including equipment
and materials, if such donations are available for appro-
priate use for the purposes set forth in this subtitle.
(g) SALE OF PROPERTY.—Notwithstanding any other
provision of law, if the Administrator of General Services
sells a Job Corps center facility, the Administrator shall
transfer the proceeds from the sale to the Secretary, who
shall use the proceeds to carry out the Job Corps program.
SEC. 349. MANAGEMENT INFORMATION.
(a) FINANCIAL
MANAGEMENT
INFORMATION
SYS-
TEM.—
(1) IN GENERAL.—The Secretary shall establish
procedures to ensure that each operator, and each
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service provider, maintains a financial management
information system that will provide—
(A) accurate, complete, and current disclo-
sures of the costs of Job Corps operations; and
(B) sufficient data for the effective evalua-
tion of activities carried out through the Job
Corps program.
(2) ACCOUNTS.—Each operator and service pro-
vider shall maintain funds received under this sub-
title in accounts in a manner that ensures timely and
accurate reporting as required by the Secretary.
(3) FISCAL
RESPONSIBILITY.—Operators shall
remain fiscally responsible and control costs, regard-
less of whether the funds made available for Job Corps
centers are incrementally increased or decreased be-
tween fiscal years.
(b) AUDIT.—
(1) ACCESS.—The Secretary, the Inspector Gen-
eral of the Department of Labor, the Comptroller Gen-
eral of the United States, and any of their duly au-
thorized representatives, shall have access to any
books, documents, papers, and records of the operators
and service providers described in subsection (a) that
are pertinent to the Job Corps program, for purposes
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of conducting surveys, audits, and evaluations of the
operators and service providers.
(2) SURVEYS, AUDITS, AND EVALUATIONS.—The
Secretary shall survey, audit, or evaluate, or arrange
for the survey, audit, or evaluation of, the operators
and service providers, using Federal auditors or inde-
pendent public accountants. The Secretary shall con-
duct such surveys, audits, or evaluations not less often
than once every 3 years.
(c) INFORMATION
ON CORE PERFORMANCE MEAS-
URES.—
(1) ESTABLISHMENT.—The Secretary shall, with
continuity and consistency from year to year, estab-
lish core performance measures, and expected per-
formance levels on the performance measures, for Job
Corps centers and the Job Corps program, relating
to—
(A) the number of graduates and the rate of
such graduation, analyzed by type of vocational
training received through the Job Corps program
and by whether the vocational training was pro-
vided by a local or national service provider;
(B) the number of graduates who entered
unsubsidized employment related to the voca-
tional training received through the Job Corps
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program and the number who entered unsub-
sidized employment not related to the vocational
training received, analyzed by whether the voca-
tional training was provided by a local or na-
tional service provider and by whether the place-
ment in the employment was conducted by a
local or national service provider;
(C) the average wage received by graduates
who entered unsubsidized employment related to
the vocational training received through the Job
Corps program and the average wage received by
graduates who entered unsubsidized employment
unrelated to the vocational training received;
(D) the average wage received by graduates
placed in unsubsidized employment after comple-
tion of the Job Corps program—
(i) on the first day of the employment;
(ii) 6 months after the first day of the
employment; and
(iii) 12 months after the first day of
the employment,
analyzed by type of vocational training received
through the Job Corps program;
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(E) the number of graduates who entered
unsubsidized employment and were retained in
the unsubsidized employment—
(i) 6 months after the first day of the
employment; and
(ii) 12 months after the first day of the
employment;
(F) the number of graduates who entered
unsubsidized employment—
(i) for 32 hours per week or more;
(ii) for not less than 20 but less than
32 hours per week; and
(iii) for less than 20 hours per week;
(G) the number of graduates who entered
postsecondary education or advanced training
programs, including registered apprenticeship
programs, as appropriate; and
(H) the number of graduates who attained
job readiness and employment skills.
(2) PERFORMANCE OF RECRUITERS.—The Sec-
retary shall also establish performance measures, and
expected performance levels on the performance meas-
ures, for local and national recruitment service pro-
viders serving the Job Corps program. The perform-
ance measures shall relate to the number of enrollees
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retained in the Job Corps program for 30 days and
for 60 days after initial placement in the program.
(3) REPORT.—The Secretary shall collect, and
annually submit a report to the appropriate commit-
tees of Congress containing, information on the per-
formance of each Job Corps center, and the Job Corps
program, on the core performance measures, as com-
pared to the expected performance level for each per-
formance measure. The report shall also contain in-
formation on the performance of the service providers
described in paragraph (2) on the performance meas-
ures established under such paragraph, as compared
to the expected performance levels for the performance
measures.
(d) ADDITIONAL INFORMATION.—The Secretary shall
also collect, and submit in the report described in subsection
(c), information on the performance of each Job Corps cen-
ter, and the Job Corps program, regarding—
(1) the number of enrollees served;
(2) the average level of learning gains for grad-
uates and former enrollees;
(3) the number of former enrollees and graduates
who entered the Armed Forces;
(4) the number of former enrollees who entered
postsecondary education;
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(5) the number of former enrollees who entered
unsubsidized employment related to the vocational
training received through the Job Corps program and
the number who entered unsubsidized employment not
related to the vocational training received;
(6) the number of former enrollees and graduates
who obtained a secondary school diploma or its recog-
nized equivalent;
(7) the number and percentage of dropouts from
the Job Corps program including the number dis-
missed under the zero tolerance policy described in
section 342(b); and
(8) any additional information required by the
Secretary.
(e) METHODS.—The Secretary may, to collect the in-
formation described in subsections (c) and (d), use methods
described in subtitle A.
(f) PERFORMANCE
ASSESSMENTS
AND
IMPROVE-
MENTS.—
(1) ASSESSMENTS.—The Secretary shall conduct
an annual assessment of the performance of each Job
Corps center. Based on the assessment, the Secretary
shall take measures to continuously improve the per-
formance of the Job Corps program.
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(2) PERFORMANCE IMPROVEMENT PLANS.—With
respect to a Job Corps center that fails to meet the
expected levels of performance relating to the core per-
formance measures specified in subsection (c), the Sec-
retary shall develop and implement a performance
improvement plan. Such a plan shall require action
including—
(A) providing technical assistance to the
center;
(B) changing the vocational training offered
at the center;
(C) changing the management staff of the
center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) ADDITIONAL
PERFORMANCE
IMPROVEMENT
PLANS.—In addition to the performance improvement
plans required under paragraph (2), the Secretary
may develop and implement additional performance
improvement plans. Such a plan shall require im-
provements, including the actions described in para-
graph (2), for a Job Corps center that fails to meet
criteria established by the Secretary other than the ex-
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pected levels of performance described in paragraph
(2).
SEC. 350. GENERAL PROVISIONS.
The Secretary is authorized to—
(1) disseminate, with regard to the provisions of
section 3204 of title 39, United States Code, data and
information in such forms as the Secretary shall de-
termine to be appropriate, to public agencies, private
organizations, and the general public;
(2) subject to section 347(b), collect or com-
promise all obligations to or held by the Secretary
and exercise all legal or equitable rights accruing to
the Secretary in connection with the payment of obli-
gations until such time as such obligations may be re-
ferred to the Attorney General for suit or collection;
and
(3) expend funds made available for purposes of
this subtitle—
(A) for printing and binding, in accordance
with applicable law (including regulation); and
(B) without regard to any other law (in-
cluding regulation), for rent of buildings and
space in buildings and for repair, alteration,
and improvement of buildings and space in
buildings rented by the Secretary, except that the
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Secretary shall not expend funds under the au-
thority of this subparagraph—
(i) except when necessary to obtain an
item, service, or facility, that is required in
the proper administration of this subtitle,
and that otherwise could not be obtained, or
could not be obtained in the quantity or
quality needed, or at the time, in the form,
or under the conditions in which the item,
service, or facility is needed; and
(ii) prior to having given written noti-
fication to the Administrator of General
Services (if the expenditure would affect an
activity that otherwise would be under the
jurisdiction of the General Services Admin-
istration) of the intention of the Secretary
to make the expenditure, and the reasons
and justifications for the expenditure.
SEC. 351. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle such sums as may be necessary for each of the
fiscal years 1999 through 2004.
Subtitle C—National Programs
SEC. 361. NATIVE AMERICAN PROGRAMS.
(a) PURPOSE AND POLICY.—
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(1) PURPOSE.—The purpose of this section is to
support workforce investment activities and supple-
mental services for Indian and Native Hawaiian in-
dividuals in order—
(A) to develop more fully the academic, oc-
cupational, and literacy skills of such individ-
uals;
(B) to make such individuals more competi-
tive in the workforce; and
(C) to promote the economic and social de-
velopment of Indian and Native Hawaiian com-
munities in accordance with the goals and values
of such communities.
(2) INDIAN
POLICY.—All programs assisted
under this section shall be administered in a manner
consistent with the principles of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C.
450 et seq.) and the government-to-government rela-
tionship between the Federal Government and Indian
tribal governments.
(b) DEFINITIONS.—In this section:
(1) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANI-
ZATION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, and
‘‘tribal organization’’ have the meanings given such
terms in subsections (d), (e), and (l), respectively, of
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section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b).
(2) NATIVE HAWAIIAN AND NATIVE HAWAIIAN OR-
GANIZATION.—The terms ‘‘Native Hawaiian’’ and
‘‘Native Hawaiian organization’’ have the meanings
given such terms in paragraphs (1) and (3), respec-
tively, of section 9212 of the Native Hawaiian Edu-
cation Act (20 U.S.C. 7912).
(c) PROGRAMS AUTHORIZED.—
(1) IN
GENERAL.—The Secretary shall, on a
competitive basis, make grants to, or enter into con-
tracts or cooperative agreements with, Indian tribes,
tribal organizations, Indian-controlled organizations
serving Indians, or Native Hawaiian organizations to
carry out the authorized activities described in sub-
section (d).
(2) EXCEPTION.—The competition for grants,
contracts, or cooperative agreements conducted under
paragraph (1) shall be conducted every 2 years, except
that if a recipient of such a grant, contract, or agree-
ment has performed satisfactorily, the Secretary may
waive the requirements for such competition on re-
ceipt from the recipient of a satisfactory 2-year pro-
gram plan for the succeeding 2-year period of the
grant, contract, or agreement.
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(d) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Funds made available under
subsection (c) shall be used to carry out the activities
described in paragraph (2) that—
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indi-
ans or Native Hawaiians preparing to enter, re-
enter, or retain unsubsidized employment.
(2) WORKFORCE
INVESTMENT
ACTIVITIES
AND
SUPPLEMENTAL SERVICES.—
(A) IN
GENERAL.—Funds made available
under subsection (c) shall be used for—
(i) building a comprehensive facility to
be utilized by American Samoans residing
in Hawaii for the co-location of federally
funded and State funded workforce invest-
ment activities;
(ii) comprehensive workforce invest-
ment activities for Indians or Native Ha-
waiians; or
(iii) supplemental services for Indian
or Native Hawaiian youth on or near In-
dian reservations and in Oklahoma, Alaska,
or Hawaii.
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(B) SPECIAL RULE.—Notwithstanding any
other provision of this section, individuals who
were eligible to participate in programs under
section 401 of the Job Training Partnership Act
(29 U.S.C. 1671) (as such section was in effect
on the day before the date of enactment of this
Act) shall be eligible to participate in an activ-
ity assisted under subparagraph (A)(i).
(e) PROGRAM PLAN.—In order to receive a grant or
enter into a contract or cooperative agreement under this
section an entity described in subsection (c) shall submit
to the Secretary a program plan that describes a 2-year
strategy for meeting the needs of Indian or Native Hawai-
ian individuals, as appropriate, in the area served by such
entity. Such plan shall—
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs
of the population to be served and the manner in
which the activities to be provided will strengthen the
ability of the individuals served to obtain or retain
unsubsidized employment;
(4) describe the activities to be provided and the
manner in which such activities are to be integrated
with other appropriate activities; and
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‘‘(B) include a description of how the re-
served funds will be utilized; and
‘‘(C) provide that the State shall submit to
the Commissioner an annual report containing a
description of how the reserved funds will be uti-
lized.
‘‘(19) CHOICE.—The State plan shall include an
assurance that applicants and eligible individuals or,
as appropriate, the applicants’ representatives or in-
dividuals’ representatives, will be provided informa-
tion and support services to assist the applicants and
individuals in exercising informed choice throughout
the rehabilitation process, consistent with the provi-
sions of section 102(d).
‘‘(20) INFORMATION AND REFERRAL SERVICES.—
‘‘(A) IN GENERAL.—The State plan shall
include an assurance that the designated State
agency will implement an information and refer-
ral system adequate to ensure that individuals
with disabilities will be provided accurate voca-
tional rehabilitation information, using appro-
priate modes of communication, to assist such
individuals in preparing for, securing, retaining,
or regaining employment, and will be appro-
priately referred to Federal and State programs