203
and civil rights organizations, labor and busi-
ness organizations, and the public.
(4) TERM.—Each waiver approved pursuant to
this subsection shall be for a period not to exceed 3
years, except that the Secretary concerned may ex-
tend such period if such Secretary determines that
the waiver has been effective in enabling the State,
local consortium, or Native American tribal entity,
as the case may be, to carry out the purposes of this
title.
(b) EXPEDITED WAIVER AUTHORITY.—
(1) IN
GENERAL.—The Secretary concerned
may, using an expedited process, waive any applica-
ble requirement under any provision of law referred
to in subsection (c), or of any regulation issued
under such provision, for a State or Native Amer-
ican tribal entity that requests such a waiver under
section 251—
(A) if the State or tribal entity provides
the Secretary concerned with information con-
cerning the process that will be used to monitor
the progress of the State, local consortium, or
tribal entity, as the case may be, in implement-
ing the waiver; and
204
(B) if the State waives, or agrees to waive,
similar requirements of State law.
(2) TERM.—Each waiver approved pursuant to
this subsection shall be for a period not to exceed 3
years, except that the Secretary concerned may ex-
tend such period if such Secretary determines that
the waiver has been effective in enabling the State,
local consortium, or Native American tribal entity,
as the case may be, to carry out the purposes of this
title.
(3) APPLICABLE REQUIREMENT DEFINED.—For
purposes of this subsection, the term ‘‘applicable re-
quirement’’ means a requirement designated under
section 264(b)(3) that has been published in the
Federal Register as a final requirement under sec-
tion 264(b)(4).
(c) INCLUDED PROGRAMS.—
(1) IN GENERAL.—The provisions subject to the
waiver authority of this section are the following
provisions of law:
(A) Title I of this Act.
(B) Title II of the Job Training Partner-
ship Act (29 U.S.C. 1601 et seq.).
(C) Part B of title IV of such Act (29
U.S.C. 1691 et seq.).
205
(D) Part C of title IV of such Act (29
U.S.C. 1721).
(E) Part H of title IV of such Act (29
U.S.C. 1782 et seq.).
(F) The Act of June 6, 1933 (commonly
known as the ‘‘Wagner-Peyser Act’’; 29 U.S.C.
49 et seq.).
(G) The School-to-Work Opportunities Act
(20 U.S.C. 6101 et seq.).
(H) The Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C.
2301 et seq.).
(I) The Adult Education Act (20 U.S.C.
1201 et seq.).
(J) Title V of the Older Americans Act of
1965 (42 U.S.C. 3056 et seq.).
(K) Part F of title IV of the Social Secu-
rity Act (42 U.S.C. 681 et seq.).
(2) CIRCULARS AND RELATED REGULATIONS.—
In addition to the provisions of law described in
paragraph (1), the Secretary of Labor may, notwith-
standing any other provision of law, waive any re-
quirement under the following Office of Management
and Budget circulars (or any successor administra-
tive regulations or policies) or regulations for a
206
State or Native American tribal entity that requests
such a waiver under section 251:
(A) Circular A–87 (relating to cost prin-
ciples for State and local governments).
(B) Circular A–102 (relating to grants and
cooperative agreements with State and local
government).
(C) Circular A–122 (relating to non-profit
organizations).
(D) Part 97 of title 29, Code of Federal
Regulations (relating to uniform administrative
regulations for grants and cooperative agree-
ments to States and local governments).
(d) WAIVERS NOT AUTHORIZED.—The Secretary
concerned may not waive any requirement of any provision
referred to in subsection (c), or of any regulation issued
under such provision, relating to—
(1) the basic purposes or goals of such provi-
sion;
(2) maintenance of effort;
(3) the formula allocation of funds under a pro-
gram under such provision;
(4) the eligibility of an individual for participa-
tion in a program under such provision;
207
(5) public and individual health or safety, labor
standards, occupational safety and health, or envi-
ronmental protection;
(6) prohibitions or restrictions relating to the
acquisition of real property or the acquisition or con-
struction of buildings or facilities;
(7) any constitutional or statutory right of an
individual, including any right under—
(A) title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.);
(B) title IX of the Education Amendments
of 1972 (86 Stat. 373 et seq.);
(C) the Age Discrimination Act of 1975
(42 U.S.C. 6101 et seq.); or
(D) the Americans with Disabilities Act of
1990;
(8) civil rights and nondiscrimination;
(9) affirmative action;
(10) environmental protection;
(11) labor relations;
(12) pensions;
(13) Federal taxation; or
(14) anti-displacement.
(e) TERMINATION OF WAIVERS.—The Secretary con-
cerned shall periodically review the performance of any
208
State, local consortium, or Native American tribal entity
for which the Secretary concerned has granted a waiver
under this section and shall terminate the waiver under
this section if the Secretary concerned determines that the
performance of the State, local consortium, or tribal en-
tity, as the case may be, that is affected by the waiver
has been inadequate to justify a continuation of the waiv-
er, or the State fails to waive similar requirements of State
law as required or agreed to in accordance with subsection
(a)(1)(C) or subsection (b)(1)(B).
(f) SECRETARY CONCERNED DEFINED.—For pur-
poses of this section, the term ‘‘Secretary concerned’’
means—
(1) with respect to requests for waivers of re-
quirements under provisions of law referred to in
subparagraphs (A) through (F) of subsection (c)(1),
or of any regulation issued under such provisions,
the Secretary of Labor;
(2) with respect to requests for waivers of re-
quirements under the provision of law referred to in
subparagraph (G) of subsection (c)(1), or of any
regulation issued under such provision, the Secretary
of Labor and the Secretary of Education;
(3) with respect to requests for waivers of re-
quirements under provisions of law referred to in
209
subparagraphs (H) and (I) of subsection (c)(1), or
of any regulation issued under such provisions, the
Secretary of Education; and
(4) with respect to requests for waivers of re-
quirements under provisions of law referred to in
subparagraphs (J) and (K) of subsection (c)(1), or
of any regulation issued under such provisions, the
Secretary of Health and Human Services.
Subtitle F—National Programs
SEC. 261. OVERSIGHT.
The Secretary is authorized to monitor all recipients
of financial assistance under this title to determine wheth-
er such recipients are complying with the provisions of this
title.
SEC. 262. PERFORMANCE STANDARDS AND EVALUATION.
(a) PERFORMANCE STANDARDS.—
(1) IN GENERAL.—Not later than July 1, 1996,
the Secretary, after consultation with Governors,
local elected officials, and one-stop service providers
described in section 244, shall prescribe performance
standards relating to the establishment and oper-
ation of one-stop career systems. Such standards
shall be coordinated with performance standards for
programs described in section 242 and shall be
210
based on factors the Secretary determines to be ap-
propriate, which may include—
(A) placement, retention and earnings of
participants from various demographic groups
in unsubsidized employment, including—
(i) wages and benefits at a specified
period after termination from the program;
(ii) full-time and part-time employ-
ment; and
(iii) comparability of wages at a speci-
fied period after termination from the pro-
gram with wages prior to participation in
the program;
(B) the provision of services to hard-to-
serve populations such as individuals who are
basic skills deficient, school dropouts, individ-
uals with disabilities, older workers with obso-
lete skills, economically disadvantaged individ-
uals, displaced homemakers, and other individ-
uals who face serious barriers to employment;
(C) acquisition of skills pursuant to a skill
standards and skill certification system en-
dorsed by the National Skill Standards Board
established under the Goals 2000: Educate
America Act;
211
(D) satisfaction of participants with serv-
ices provided and the employment outcomes;
(E) satisfaction of employers with job per-
formance of individuals placed; and
(F) measures of the cost efficiency of the
one-stop career centers.
(2) STANDARDS RELATING TO INTEGRATION.—
The Secretary, after consultation with Governors,
local elected officials, and one-stop service providers
described in section 244, shall prescribe performance
standards relating to the integration of financial and
non-financial resources, program services, and deliv-
ery systems, including the extent to which a large
percentage of funds made available to carry out the
Federal programs described in section 242 are made
available under the one-stop carrier systems. Such
standards shall be based on factors the Secretary de-
termines to be appropriate, which may include the
use of—
(A) common intake methodology;
(B) common assessment methodology;
(C) cross training of staff for joint service
delivery;
(D) integrated job development and place-
ment for multiple programs;
212
(E) integrated employability development
teams from multiple programs under different
provisions of law with primary client respon-
sibility lodged with primary funding source for
the client;
(F) joint purchasing and integrated con-
tracting for expert systems and services;
(G) co-location of services or multiple
points of entry into a unified system;
(H) joint development and utilization of
data on performance by one-stop service provid-
ers;
(I) individual service accounts which inte-
grate funds from various programs to permit
the financing and management of comprehen-
sive individualized employability plans; and
(J) technology applications which promote
and permit information exchange across a vari-
ety of program funding streams.
(3) ADJUSTMENTS.—Each Governor may, with-
in parameters established by the Secretary, prescribe
adjustments to the performance standards pre-
scribed under paragraph (1) for the one-stop career
systems established in the State based on—
213
(A) specific economic, geographic and de-
mographic factors in the State and in one-stop
service areas within the State;
(B) the characteristics of the population to
be served, including the demonstrated difficul-
ties in serving populations with barriers to em-
ployment; and
(C) the types of services to be provided.
(4) FAILURE TO MEET STANDARDS.—
(A) UNIFORM
CRITERIA.—The Secretary
shall establish uniform criteria for determining
whether a one-stop career system fails to meet
performance standards under this section.
(B) TECHNICAL
ASSISTANCE.—The Gov-
ernor shall provide technical assistance to one-
stop career systems failing to meet performance
standards under the uniform criteria estab-
lished under subparagraph (A).
(C) REMEDIAL
ACTION.—The Secretary
shall establish procedures for the provision of
remedial action for one-stop career systems that
continue to fail to meet such performance
standards for two consecutive program years,
including the termination of grants, contracts,
or other agreements.
214
(D) REPORT
ON
PERFORMANCE.—Each
Governor shall report to the Secretary, at such
intervals and in such manner as the Secretary
may determine, the final performance standards
and performance for each one-stop career sys-
tem within the State, along with the technical
assistance planned and provided as required
under subparagraph (B).
(b) EVALUATION.—
(1) IN GENERAL.—The Secretary shall provide
for the continuing evaluation of programs conducted
under this title, including the cost-effectiveness of
programs in achieving the purposes of this title.
(2) NATIONAL
EVALUATION.—Not later than
September 30, 2000, the Secretary shall complete a
national evaluation of grants provided under sub-
titles B and C that will assess the progress of imple-
mentation of State and local programs and their ef-
fectiveness based on performance standards estab-
lished by the Secretary under subsection (a).
(3) TECHNIQUES.—
(A) 
METHODS.—Evaluations 
conducted
under paragraphs (1) and (2) shall use recog-
nized statistical methods and techniques of the
behavioral and social sciences, including meth-
215
odologies that control for self-selection, where
feasible.
(B) ANALYSIS.—Such evaluations may in-
clude cost benefit analyses of programs and
analyses of—
(i) the impact of the programs on par-
ticipants and the community;
(ii) the extent to which programs meet
the needs of various demographic groups;
and
(iii) the effectiveness of delivery sys-
tems used by various groups.
SEC. 263. CAPACITY BUILDING AND TECHNICAL ASSIST-
ANCE.
(a) IN GENERAL.—From amounts appropriated pur-
suant to the authorization of appropriations in section
3(b) for a fiscal year, the Secretary shall reserve an
amount equal to 7 percent of such amounts appropriated
for such fiscal year to provide, utilizing telecommuni-
cations and computer technology, the extent possible, staff
training and technical assistance to States, one-stop career
systems, community-based organizations, business and
labor organizations, one-stop service providers, industry
consortia, and other entities, to enhance the capacity of