occupation in which such individual was previously
employed;
(5) was self-employed (including farmers, fish-
ermen and ranchers) and is—
(A) unemployed as a result of—
(i) general economic conditions in the
community in which such individual re-
sides; or
(ii) a natural disaster; and
(B) has limited opportunities for self-em-
ployment in the same or similar occupation;
(6) is certified as eligible under the transitional
certification of trade impacted workers program au-
thorized under title II of the Reemployment Act of
1994 (H.R. 4040 of the 103d Congress, as intro-
duced); or
(7) was identified and referred to the program
under this title, in accordance with regulations is-
sued by the Secretary, by a State worker profiling
system established under section 303(j) of the Social
Security Act.
(b) DISPLACED HOMEMAKERS.—An individual who is
a displaced homemaker shall be eligible to receive services
described in section 117(b) and such other services au-
thorized under this title as the substate grantee deter-
mines to be appropriate to provide to such an individual
if—
(1) the displacement occurred within the pre-
ceding 24-month period;
(2) such individual is unemployed; and
(3) such individual meets the requirements re-
lating to services provided under this title, other
than the requirements under subsection (a).
(c) INVOLUNTARILY RETIRED WORKERS.—An indi-
vidual who has retired from employment involuntarily and
is unlikely to remain retired from employment shall be eli-
gible to receive services described in section 117(b) and
such other services authorized under this title as the sub-
state grantee determines to be appropriate.
(d) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) 
LONG-TERM
UNEMPLOYED.—The 
term
‘‘long-term unemployed’’ means a period of unem-
ployment defined by the Governor, except that such
period shall not be less than 15 weeks.
(2) PERMANENTLY LAID OFF.—The term ‘‘per-
manently laid off’’ means a layoff under which a re-
call is not expected within 26 weeks.
Subtitle A—State and Substate
Delivery System
SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.
(a) IN GENERAL.—The State shall be responsible for
developing and operating administrative and management
systems which ensure proper control and accountability
for the use of funds, in accordance with the requirements
of subtitle E, and the accomplishment of the objectives
of this title.
(b) STATE PLAN.—The Governor, after consultation
with appropriate entities in the State, including local elect-
ed officials, employer associations, community-based orga-
nizations, and labor organizations, shall—
(1) prepare and make available, through public
hearings, for public comment at least 120 days prior
to the beginning of the program year, on biennial
basis, a State plan describing the goals and objec-
tives of the program conducted under this title and
the strategies and activities to be undertaken to ac-
complish such goals and objectives; and
(2) submit to the Secretary, on a biennial basis,
such State plan for approval by the Secretary in ac-
cordance with regulations developed by the Sec-
retary.
SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DIS-
LOCATED WORKER UNIT.
(a) IN GENERAL.—The Governor shall designate or
establish a dislocated worker unit at the State level (here-
after referred to as the ‘‘State dislocated worker unit’’)
to carry out the functions described in this section. The
Governor shall ensure that the staff of such unit possess
specialized expertise in labor-management relations and
other matters relevant to the carrying out of the functions
described in subsection (b).
(b) FUNCTIONS OF UNIT.—
(1) RAPID RESPONSE ACTIVITIES.—The State
dislocated worker unit shall carry out the following
rapid response activities:
(A) Receive notices provided pursuant to
the Worker Adjustment and Retraining Notifi-
cation Act (29 U.S.C. 2101 et seq.) and collect
information identifying the site of other perma-
nent closures and layoffs affecting 50 or more
workers and make all such information avail-
able to the public upon request.
(B) Establish contact with representatives
of the employer, affected workers and affected
unions, and affected substate grantees within
48 hours of being informed of or otherwise
identifying such closure or layoff.
(C) Provide assistance on site (or as near
to the site as is practicable if such unit is not
permitted on site by the employer) within five
working days of being informed of or otherwise
identifying such closure or layoff (unless rep-
resentatives of the affected workers agree to
defer the commencement of assistance), includ-
ing—
(i) the provision of information relat-
ing to, and assistance in obtaining access
to, available programs and services;
(ii) the provision of appropriate reem-
ployment services on an emergency basis;
(iii) the provision of basic reemploy-
ment services in a group setting; and
(iv) the provision of information on
the potential rights and remedies available
under the Worker Adjustment and Re-
training Notification Act (29 U.S.C. 2101
et seq.).
(D) Promote the formation of worker-man-
agement 
transition 
assistance 
committees,
which meet the requirements of subsection (d),
by—
(i) providing immediate assistance in
the establishment of such committees, in-
cluding—
(I) providing immediate financial
assistance to cover startup costs of
the committee;
(II) providing a list of individuals
from which the chairperson of the
committee may be selected; and
(III) requesting the list of com-
mittee members from the employer
and union, or providing assistance in
the selection of worker representa-
tives, to be selected by the workers, in
the event no union is present; and
(ii) providing technical assistance in
the development by such committees of a
strategy for assessing the employment and
training needs of each affected worker and
for obtaining the services and assistance
necessary to meet those needs, which may
include—
(I) providing technical advice as
well as information on sources of as-
sistance; and
(II) serving as liaison with other
public and private services and pro-
grams.
(E) Prepare an action plan for the provi-
sion of reemployment and training services to
eligible individuals, including group counseling,
preliminary assessments, and labor market in-
formation, which may include assistance in
planning for the establishment of an on-site
transition center described in section 115(d).
(2) INFORMATION COLLECTION AND DISSEMI-
NATION ACTIVITIES.—The State dislocated worker
unit shall carry out the following information collec-
tion and dissemination activities using, to the extent
practicable, telecommunications and computer tech-
nology:
(A) Provide to employers and employees
throughout the State information relating to
the Worker Adjustment and Retraining Notifi-
cation Act (29 U.S.C. 2101 et seq.), including
the requirements under such Act, and informa-
tion relating to the eligibility requirements and
services and benefits available under this title
using labor organizations and other appropriate
entities for such dissemination.
(B) Collect information relating to—
(i) economic dislocation, including po-
tential closings and layoffs and the impact
of closures and layoffs to which such unit
has responded; and
(ii) available programs and resources
within the State to serve affected workers.
(C) Disseminate the information collected
pursuant to subparagraph (B) to the Governor
to assist in providing an adequate information
base for effective program management, review,
and evaluation.
(D) Disseminate information throughout
the State on the services and activities carried
out by the State dislocated worker unit.
(3) PROGRAM SUPPORT ACTIVITIES.—The State
dislocated unit shall carry out the following program
support activities:
(A) Provide technical assistance and advice
to substate grantees.
(B) Work with employers and representa-
tives of employees in promoting labor-manage-
ment cooperation to achieve the objectives of
this title.
(C) Assist each local community affected
by a mass layoff or plant closing in developing
and implementing an adjustment plan, includ-
ing assistance in obtaining access to State eco-
nomic development assistance.
(4) COORDINATION ACTIVITIES.—The State dis-
located worker unit shall, using telecommunications
and computer technology to the extent practicable,
exchange information and coordinate programs
with—
(A) the appropriate economic development
agency for the purpose of identifying potential
layoffs and for the purpose of developing strate-
gies to avert plant closings or mass layoffs and
to accelerate the reemployment of dislocated
workers;
(B) State education, training, and social
services programs;
(C) State labor federations;
(D) State-level general purpose business
organizations;
(E) the agency responsible for the Bureau
of Labor Statistics Federal/State cooperative
program and the State Occupational Informa-
tion Coordinating Committee; and
(F) all other programs available to assist
dislocated workers, including the State employ-
ment security agency, the unemployment insur-
ance system, and student financial aid pro-
grams.
(c) COORDINATION WITH SUBSTATE GRANTEES.—In
carrying out this section, the State dislocated worker unit
shall coordinate its actions with affected substate grant-
ees.
(d) WORKER-MANAGEMENT
TRANSITION
ASSIST-
ANCE COMMITTEES.—The worker-management transition
assistance committees promoted by the State dislocated
worker unit pursuant to subsection (b)(1)(D) shall, to the
extent practicable, include the following:
(1) Shared and equal participation by workers
(and their union representatives, where a collective
bargaining agreement exists, or worker representa-
tives, where no such agreement exists) and manage-
ment, which may include participation from commu-
nity representatives, as appropriate.
(2) Shared financial participation between the
employer and the State, using funds provided under
this title in paying for the operating expenses of the
committee.
(3) A chairperson, to oversee and guide the ac-
tivities of the committee, who shall—
(A) be jointly selected by the worker and
management representatives of the committee;
(B) not be employed or under contract
with or members of the immediate family of
labor or management at the site; and
(C) provide advice and leadership to the
committee and prepare a report on its activities.
(4) A formal agreement, terminated at will by
the workers or management, and terminated for
cause by the Governor.
(e) COVERAGE OF LAYOFFS.—The Governor shall, to
the extent practicable, authorize the provision of the rapid
response activities described in subsection (b)(1) to layoffs
of less than 50 workers if such layoffs are determined by
the Governor to have a significant adverse economic im-
pact on a local community.
(f) RESPONSIBILITY RELATING TO RAPID RESPONSE
ASSISTANCE ACTIVITIES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the State shall not transfer the respon-
sibility of the State dislocated worker unit for the
rapid response assistance activities described in sub-
section (b)(1) to another entity.
(2) EXCEPTION.—The State may carry out the
rapid response assistance activities described in sub-
section (b)(1) through agreement, grant, contract, or
other arrangement with another entity, such as a
substate grantee or a labor organization.
(g) FEDERAL OVERSIGHT OF RAPID RESPONSE AC-
TIVITIES.—The Secretary shall oversee the administration
by each State of the rapid response assistance activities
carried out in such State and evaluate the effectiveness,
efficiency, and timeliness of such activities. The Secretary
may establish performance standards relating to such ac-
tivities. If the Secretary determines that such activities are
not being carried out adequately, the Secretary shall im-
plement appropriate corrective action.
SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE
AND LOCAL LABOR MARKET INFORMATION
PROGRAM.
(a) IN GENERAL.—In furtherance of the national
strategy described in section 302 to establish a nationwide
system of effective State and local labor market informa-
tion, the Governor shall identify, or establish, and main-
tain a comprehensive labor market information program
in the State that—
(1) collects, uses, exchanges, and disseminates
quality labor market information that will enhance
the employment opportunities available to perma-
nently laid off workers and other individuals seeking
employment and will enhance the ability of busi-
nesses to locate skilled workers in their employment
efforts;
(2) enhances the activities and products of the
agency responsible for the Bureau of Labor Statis-
tics Federal/State cooperative program; and
(3) makes needed improvements or adjustments
in current labor market information programs to
meet local and State labor market needs.
(b) CONTENTS.—The labor market information de-
scribed in subsection (a)(1) shall include the information
specified in section 303(b) relating to the national labor
market information program.
(c) STANDARDS FOR INFORMATION COLLECTION AND
DISSEMINATION.—The Governor shall ensure that data
collection and dissemination systems are developed in ac-
cordance with the technical standards specified in section
303(c) relating to the national labor market information
program.
(d) COORDINATION OF DATA COLLECTION AND SUR-
VEY
CONSOLIDATION.—Consistent with the technical
standards specified in section 303(c), the Governor shall
ensure, to the extent feasible, that—
(1) automated technology will be used in data
collection and dissemination;
(2) the State dislocated worker unit and the
substate grantees under this title have timely access
to and exchange information relating to quality labor
market information;
(3) administrative records are designed to re-
duce paperwork; and
(4) administrative data and multiple surveys
available for disclosure are shared or consolidated to
reduce duplication of recordkeeping of State and
local agencies.
(e) DESIGN OF STATE PROGRAM AND GOVERNOR’S
RESPONSIBILITIES.—The Governor shall—
(1) through the agency responsible for the Bu-
reau of Labor Statistics Federal/State cooperative
programs, be responsible for oversight and manage-
ment of that State’s program for a comprehensive
nationwide system of State and local labor market
information that—
(A) meets the requirements of this section;
(B) provides such training and technical
assistance necessary to facilitate the collection
of data and the dissemination of information
through the programs assisted under this title;
(C) carries out the cooperative agreements
authorized in section 303;
(D) conducts research, evaluation, and
demonstration projects designed to make im-
provements in the statewide labor market infor-
mation program; and
(E) participates in the Federal/State advi-
sory structure for the nationwide labor market
information program and review of the nation-
wide labor market information annual strategic
plan;
(2) designate a State agency or body to be re-
sponsible for—
(A) coordinating various State agencies re-
sponsible for collection and dissemination of
labor market, educational, occupational, and
other related information at the State and local
level to support design, development, and imple-
mentation of the comprehensive labor market
information program; and
(B) ensuring agency collaboration in the
design, development, utilization, and delivery of
labor market and occupational information
products and services, including training, that
addresses the needs of Federal, State, and local
customers; and
(3) ensure that the State will develop, maintain,
and improve a comprehensive system which shall—
(A) include the components specified in
section 303;
(B) be responsive to the needs of the State
and its localities for planning, economic analy-
sis, and projections, as required by—
(i) this Act;
(ii) the Job Training Partnership Act
(29 U.S.C. 1501 et seq.);
(iii) the Carl D. Perkins Vocational
and Applied Technology Education Act (20
U.S.C. 2301 et seq.);
(iv) the School-to-Work Opportunities
Act of 1994 (20 U.S.C. 6101 et seq.);
(v) title III of the Social Security Act;
and
(vi) other provisions of Federal law
that require the use of labor market infor-
mation; and
(C) meet the Federal standards under
chapter 35 of title 44, United States Code, and
other appropriate standards established by the
Secretary of Labor;
(4) ensure the performance of contract and
grant responsibilities for data collection, analysis,
and dissemination;
(5) conduct such other data collection, analysis,
and dissemination activities as will ensure com-
prehensive State and local labor market information;
and
(6) not be limited by the requirements con-
tained in this Act in conducting additional data col-
lection, analysis, and dissemination activities with
State funds or with Federal funds from sources
other than this Act.
(f) COORDINATION OF RESOURCES.—The Governor
shall coordinate the activities carried out under this title
with the labor market information activities carried out
in collaboration with both the agency responsible for the
Bureau of Labor Statistics Federal/State cooperative pro-
gram and the State body or agency responsible for labor
market information in subsection (e)(2), pursuant to other
Federal laws and with the national labor market informa-
tion program described in title III. In developing and
maintaining the program described under this section, the
Governor shall use funds that are authorized under this
Act for the labor market information program, and from
programs such as the Job Training Partnership Act (29
U.S.C. 1501 et seq.), the Wagner-Peyser Act, the School-
to-Work Opportunities Act, and the Carl D. Perkins Voca-
tional and Applied Technology Education Act that require
labor market information as noted in section 302(a). For
purposes of consistency and efficiency, the Governor shall
ensure that the comprehensive State and local labor mar-
ket information program established under title III shall
be used for employment, education, and training programs
that have a labor market information component.
(g) METHODS
OF COLLECTION
AND DISSEMINA-
TION.—In order to facilitate the collection and dissemina-
tion of the data described in subsection (b), the Governor
shall—
(1) identify and utilize cost-effective methods
for obtaining such data as are necessary to carry out
this section which, notwithstanding any other provi-
sion of law, may include access to earnings records,
State employment security records, records collected
under the Federal Insurance Contributions Act
(chapter 21 of the Internal Revenue Code of 1986),
records collected under the program of aid to fami-
lies with dependent children under part A of title IV
of the Social Security Act, secondary and post-sec-
ondary education records, and similar records or
measures, with appropriate safeguards to protect the
confidentiality of the information obtained, including
safeguards to maintain such information in the pub-
lic control; and
(2) publish and make available labor market
and occupational supply and demand information
and career information to State agencies, public
agencies, libraries, employers, and individuals who
are in the process of making career choices.
SEC. 114. COORDINATION WITH WORKER PROFILING AND
RETRAINING INCOME SUPPORT PROGRAMS.
(a) WORKER PROFILING.—The Governor shall co-
ordinate programs under this title with the worker
profiling system authorized under title III of the Social
Security Act. Such coordination shall include methods for
ensuring the prompt referral, in accordance with regula-
tions issued by the Secretary of the claimants identified
under such profiling system to substate grantees author-
ized under this title, and the sharing of relevant informa-
tion.
(b) RETRAINING INCOME SUPPORT.—The Governor
shall coordinate programs under this title with the retrain-
ing income support program authorized under part A of
title II of the Reemployment Act of 1994 (H.R. 4040 of
103d Congress, as introduced).
SEC. 115. STATE GRANTS FOR AREAS OF SPECIAL NEED,
POPULATIONS 
IN 
NEED, 
AND 
SPECIAL
PROJECTS.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The Governor may award
grants to eligible entities described in paragraph
(2)—
(A) to provide the services authorized
under section 117 to eligible individuals in ac-
cordance with subparagraphs (A) and (B) of
subsection (c)(1);
(B) to provide the services authorized
under section 117 to other unemployed individ-
uals with barriers to employment in accordance
with subsection (c)(3)(C); and
(C) to conduct statewide, regional, or in-
dustry-wide projects.
(2) ELIGIBLE ENTITIES.—The following entities
shall be eligible to receive grants under paragraph
(1):
(A) Substate grantees.
(B) Employers and employer associations,
including private industry councils.
(C) Transition assistance committees and
other employer-employee entities.
(D) Labor organizations.
(E) Industry consortia.
(F) Appropriate State agencies.
(G) Community-based organizations.
(H) Institutions of higher education.
(I) Entities providing adult education, as
defined in section 312(2) of the Adult Edu-
cation Act.
(J) Entities providing vocational education,
as defined in section 521(41) of the Carl D.
Perkins Vocational and Applied Technology
Education Act.
(3) LIMITATION.—Not more than 10 percent of
the amount reserved by the Governor under section
101(c)(1)(A) to carry out State activities under this
subtitle for any fiscal year may be used by the Gov-
ernor to award grants under paragraph (1)(B) for
such fiscal year.
(b) APPLICATION.—The Governor may provide a
grant to an eligible entity under subsection (a) only if the
entity submits to the Governor an application which con-
tains such information as the Governor may reasonably
require.
(c) USE OF AMOUNTS.—
(1) IN GENERAL.—An eligible entity shall use
amounts received from a grant under subsection (a)
to carry out 1 or more of the following activities ei-
ther directly or through contracts:
(A) To provide the services authorized
under section 117 to eligible individuals in
areas of the State experiencing substantial in-
creases in the number of eligible individuals due
to plant closures, base closures, or mass layoffs.
(B) To improve the delivery of services au-
thorized under section 117 to eligible individ-
uals, which may include the delivery of such
services through the establishment of on-site
transition centers in accordance with subsection
(d).
(C) To provide the services authorized
under section 117 to other unemployed individ-
uals with barriers to employment who are un-
derserved, including displaced homemakers,
older workers, veterans, individuals with disabil-
ities, and individuals with limited English pro-
ficiency, as determined by the Governor.
(2) LIMITATION.—An eligible entity may use
not more than 15 percent of the amount received
from a grant under subsection (a) for the cost of ad-
ministration of the activities described in paragraph
(1).
(d) ON-SITE TRANSITION CENTERS.—
(1) IN GENERAL.—The eligible entity may es-
tablish 1 or more on-site transition centers that
meet the requirements of paragraph (2) to provide
the services authorized under section 117 to eligible
individuals.
(2) REQUIREMENTS.—An on-site transition cen-
ter described in this paragraph is a center that—
(A) is located at the site of a plant closure,
base closure, or mass layoff for the purpose of
providing reemployment services to eligible indi-
viduals affected by such layoff or closure;
(B) includes, to the extent practicable, sub-
stantial funding from sources other than public
funds;
(C) is operated with the concurrence and
participation of affected workers and their rep-
resentatives and the affected employer, includ-
ing the worker-management transition assist-
ance committee established in accordance with
section 112(d), if such committee is established;
and
(D) provides the reemployment services de-
scribed in subsections (b) and (c) of section 117
directly or through contracts with other entities,
such as outplacement agencies.
SEC. 116. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE
STRUCTURE.
(a) DESIGNATION OF SUBSTATE AREAS.—
(1) IN GENERAL.—The Governor of each State
shall, after consultation with the State council and
local elected officials, designate substate areas for
the State in accordance with this subsection.
(2) FACTORS TO BE CONSIDERED IN DESIGNAT-
ING SUBSTATE AREAS.—In making designations of
substate areas under paragraph (1), the Governor
shall consider—
(A) the availability of services throughout
the State;
(B) the capability to coordinate the deliv-
ery of services with other job training, human
services, and economic development programs;
and
(C) the geographic boundaries of labor
market areas within the State.
(3) SERVICE DELIVERY AREAS.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Governor—
(i) shall designate as a substate area
any service delivery area that—
(I) has a population of 200,000
or more; and
(II) requests such designation;
(ii) shall, subject to subparagraph (C),
designate as a substate area any two or
more contiguous service delivery areas
that—
(I) in the aggregate have a popu-
lation of 200,000 or more; and
(II) request such designation;
and
(iii) shall designate as a substate area
any concentrated employment program
grantee for a rural area described in sec-
tion 101(a)(4)(A)(iii) of the Job Training
Partnership 
Act 
(29 
U.S.C.
1511(a)(4)(A)(iii)).
(B) SPECIAL RULE.—Each service delivery
area within a State shall be included within a
substate area or designated as a substate area
and no service delivery area shall be divided
among two or more substate areas.
(C) LIMITATION.—The Governor may not
designate as a substate area any two or more
contiguous service delivery areas under sub-
paragraph (A)(ii) if the Governor determines
that such designation would not be consistent
with the effective delivery of services to individ-
uals eligible for assistance under this title in
various labor market areas (including urban
and rural areas) within the State, or would not
otherwise be appropriate to carry out the pur-
poses of this title.
(4) POPULATION
REQUIREMENT.—The Gov-
ernor may approve a request to be a substate area
from any unit of general local government or consor-
tium of contiguous units of general local govern-
ment, without regard to population, which serves a
substantial portion of a labor market area.
(5) SUBSTATE AREAS DESIGNATED UNDER JOB
TRAINING PARTNERSHIP ACT.—The Governor may
designate as a substate area an area designated as
a substate area under section 312 of the Job Train-
ing Partnership Act (29 U.S.C. 1661a) prior to the
date of the enactment of this Act if such area meets
the requirements of this subsection.
(6) REVISION
OF
DESIGNATIONS.—The Gov-
ernor may not revise the designations made under
this subsection more than once every four years, ex-
cept for good cause, as determined by the Governor.
(7) INCENTIVE GRANTS TO ENCOURAGE FORMA-
TION
OF
SUBSTATE
AREAS.—From the funds re-
served under section 101(c)(1), the Governor may
provide incentive grants to encourage the formation
of substate areas that are based on labor market
areas.
(b) DESIGNATION OF SUBSTATE GRANTEES.—
(1) AGREEMENT.—
(A) IN
GENERAL.—A substate grantee
shall be designated, on a quadrennial basis, for
each substate area in accordance with an agree-
ment among the Governor, the local elected offi-
cial or officials of such area, and the private in-
dustry council or councils of such area.
(B) MULTIPLE OFFICIALS.—If a substate
area is represented by more than one such offi-
cial or council, the respective officials and coun-
cils shall each designate representatives, in ac-
cordance with procedures established by the
Governor (after consultation with the State
council), to negotiate such agreement.
(C) ABSENCE
OF
AGREEMENT.—In the
event agreement cannot be reached on the selec-
tion of a substate grantee, the Governor shall
select the substate grantee.
(2) ELIGIBILITY.—Entities eligible for designa-
tion as substate grantees include—
(A) private industry councils in the sub-
state area;
(B) service delivery area grant recipients
or administrative entities under the Job Train-
ing Partnership Act (29 U.S.C. 1501 et seq.);
(C) private nonprofit organizations;
(D) units of general local government in
the substate area or agencies of such units;
(E) local offices of State agencies;
(F) other public agencies, such as commu-
nity colleges and area vocational schools; and
(G) consortia of the entities described in
subparagraphs (A) through (F).
(c) FUNCTIONS OF SUBSTATE GRANTEES.—
(1) IN
GENERAL.—A substate grantee des-
ignated under subsection (b) shall—
(A) receive and administer funds allocated
to the substate area, including the administra-
tion of payments to service providers in accord-
ance with section 117(d)(2);
(B) provide the services described in sec-
tion 117, directly or through contract, grant, or
agreement with service providers, to individuals
eligible for services under this title;
(C) conduct oversight and monitoring of
the program carried out within the substate
area; and
(D) prepare and make publicly available a
biennial written plan describing the objectives
to be accomplished and the activities to be un-
dertaken under this title in the substate area.
(2) 
SUBMISSION
OF
BIENNIAL
WRITTEN
PLAN.—
(A) IN
GENERAL.—A substate grantee
shall submit the biennial written plan described
in paragraph (1)(D) to the Governor for ap-
proval in accordance with this paragraph.
(B) REVIEW, APPROVAL, AND SUBMISSION
BY APPROPRIATE OFFICIALS.—
(i) REVIEW AND APPROVAL.—Prior to
submitting the plan to the Governor under
subparagraph (A), the substate grantee
shall—
(I) allow the public to review the
plan and submit to the substate
grantee 
comments 
on 
the 
plan
through public hearings;
(II) allow the private industry
council or councils, labor organiza-
tions, and local educational agencies
and other public agencies located
within the substate area to review the
plan and submit to the substate
grantee comments on the plan; and
(III) obtain the approval of such
plan by the appropriate chief elected
official or officials specified in section
103(c) of the Job Training Partner-
ship Act (29 U.S.C. 1513(c)).
(ii) SUBMISSION.—Such plan shall be
submitted by the substate grantee in con-
junction with the official or officials de-
scribed in clause (i)(III).
SEC. 117. SERVICES TO BE PROVIDED TO ELIGIBLE INDI-
VIDUALS.
(a) IN GENERAL.—Funds allocated to substate areas
pursuant to section 101(d) may be used to provide—
(1) basic reemployment services in accordance
with subsection (b);
(2) intensive reemployment services in accord-
ance with subsection (c);
(3) education and training services in accord-
ance with subsection (d);
(4) retraining income support in accordance
with subsection (e); and
(5) supportive services in accordance with sub-
section (f).
(b) BASIC REEMPLOYMENT SERVICES.—Each sub-
state grantee shall make available to eligible individuals
the following basic reemployment services:
(1) Outreach and provision of information to
make individuals aware of, and encourage the use of,
reemployment and training services, including efforts
to expand awareness of training and placement op-
portunities for hard-to-serve individuals such as indi-
viduals with limited English proficiency, individuals
with disabilities, older workers, and displaced home-
makers.
(2) Intake and determination of eligibility for
assistance under this title.
(3) Orientation with respect to appropriate in-
formation and services.
(4) Assistance in filing an initial claim for un-
employment compensation through the official claims
filing process of the State employment security agen-
cy.
(5) A preliminary assessment of the skill levels
(including appropriate testing) and service needs of
such individuals, which may include such factors as
basic skills, occupational skills, prior work experi-
ence, employability, interests, aptitudes, and sup-
portive service needs. Such individuals may, based
upon such preliminary assessment, be immediately
referred to receive intensive reemployment services
under subsection (c).
(6) Information relating to local, regional, and
national labor markets from the State and local
labor market information system under section 113,
including—
(A) job vacancy listings in such markets;
and
(B) information relating to local occupa-
tions in demand and the earnings and skill re-
quirements for such occupations.
(7) Job search assistance, including resume and
interview preparation, and workshops.
(8) Job referral and job placement assistance.
(9) Information relating to education and job
training programs, including the eligibility require-
ments of and services provided by such programs,
the availability and quality of such programs, and
student financial assistance available for such pro-
grams.
(10) Assistance in evaluating whether such indi-
viduals are likely to be eligible for any employment
and training programs administered by the Sec-
retary other than programs under this title.
(11) Information collected pursuant to the per-
formance standards and quality assurance require-
ments contained in subtitle C.
(12) Information relating to programs and pro-
viders of dependent care and other supportive serv-
ices available in the local area.
(13) Group counseling, which may include peer
counseling, and which shall be available to such indi-
viduals jointly with their immediate families, includ-
ing group counseling relating to stress management
and financial management.
(14) Soliciting and accepting job orders submit-
ted by employers in the substate area, and referring
individuals in accordance with such orders.
(15) Information on nontraditional training and
placement opportunities.
(c) INTENSIVE REEMPLOYMENT SERVICES.—
(1) IN GENERAL.—Each substate grantee shall
make available, to eligible individuals who have re-
ceived basic reemployment services under subsection
(b) and who have been unable to obtain employment
through such services, and to individuals who have
been immediately referred to receive intensive reem-
ployment services in accordance with subsection
(b)(5), intensive reemployment services which shall
include the following services:
(A) Comprehensive and specialized assess-
ments of the skill levels and service needs of in-
dividuals, which may include—
(i) diagnostic testing and other assess-
ment tools; and
(ii) in-depth interviewing and evalua-
tion to identify employment barriers and
appropriate employment goals.
(B) The development of an individual re-
employment plan, which shall identify the em-
ployment goal (including, in appropriate cir-
cumstances, nontraditional employment), appro-
priate achievement objectives, and the appro-
priate combination of services for a participant
to achieve the employment goal.
(C) Individualized counseling and career
planning, including peer counseling and coun-
seling and planning relating to nontraditional
employment opportunities.
(D) Case management for individuals re-
ceiving education, training, and supportive serv-
ices.
(E) Assistance in the selection of education
and training providers.
(F) Assistance in obtaining income support
for which individuals are eligible, including stu-
dent financial assistance, to enable such individ-
uals to participate in training.
(2) OPTIONAL SERVICES.—In providing inten-
sive reemployment services to eligible individuals
under paragraph (1), a substate grantee may pro-
vide the following services:
(A) Job development.
(B) Out-of-area job search allowances.
(C) Relocation allowances.
(D) Follow-up counseling for individuals
placed in training or employment.
(3) REEMPLOYMENT PLAN.—
(A) JOINT DEVELOPMENT.—The individual
reemployment plan described in paragraph
(1)(B) shall be developed jointly by the eligible
individual and a career counselor. Both parties
shall sign the plan and periodically review the
progress of the individual in achieving the ob-
jectives set forth in the plan. In the event of a
disagreement over the content of the plan, the
eligible individual shall be provided an oppor-
tunity to appeal the career counselor’s rec-
ommendation pursuant to section 144.
(B) EMPLOYMENT
GOAL.—The employ-
ment goal identified under an individual reem-
ployment plan described under paragraph
(1)(B) shall relate to employment in an occupa-
tion for which there is a demand in the local
area, or in another area to which the individual
is willing to relocate.
(C) PROHIBITION ON PRIVATE ACTIONS.—
Nothing in this section shall be construed to es-
tablish a right for an individual to bring a pri-
vate action to obtain the services described in
the individual reemployment plan.
(d) EDUCATION AND TRAINING.—
(1) 
AVAILABLE
SERVICES.—Each 
substate
grantee shall make available to eligible individuals
who have an individual reemployment plan developed
pursuant to subsection (c)(1)(B)—
(A) education and training services, includ-
ing—
(i) basic skills training, including re-
medial education, literacy training, and
English-as-a-second language instruction;
(ii) occupational skills training, in-
cluding nontraditional training, provided
either in a classroom or on-the-job; and
(iii) other skills-based education and
training that such grantee considers appro-
priate, including skills upgrading, entre-
preneurial training, and training in skills
required for high performance work orga-
nizations, such as problem solving and
skills related to the use of new tech-
nologies;
(B) a list of appropriate eligible service
providers who provide such education and train-
ing services;
(C) a description of the education and
training courses available from such service pro-
viders; and
(D) performance data relating to such
service providers.
(2) REFERRALS.—An eligible individual who
has an individual reemployment plan developed pur-
suant to subsection (c)(1)(B) that specifies edu-
cation and training services as being necessary to
the reemployment of such individual shall, in con-
sultation with a career counselor, select an eligible
service provider for such services from the list of
service providers described in paragraph (1). The
substate grantee (or any agency designated by such
grantee) shall refer such individual to such eligible
service providers and arrange for payment to the
provider for the services provided consistent with the
limitation described in paragraph (5).
(3) ELIGIBLE
SERVICE
PROVIDERS.—For the
purposes of this subsection, the term ‘‘eligible serv-
ice provider’’ means a service provider, as defined in
section 4(11) of this Act, that meets the eligibility
requirements of section 133.
(4) CONTRACT EXPECTATIONS.—Education and
training services authorized under this title may be
provided pursuant to a contract for services between
the substate grantee and an eligible service provider
in lieu of the referral procedures described in para-
graph (2) if such services—
(A) are customized by a provider to meet
the particular needs of a specific group of eligi-
ble individuals in the substate area; or
(B) are on-the-job training provided by an
employer.
(5) RELATIONSHIP TO STUDENT FINANCIAL AS-
SISTANCE.—(A) For purposes of determining a stu-
dent’s need for grant, loan, or work assistance under
title IV of the Higher Education Act of 1965, the
funds provided to a participant for education and
training under this subsection shall be considered to
be estimated financial assistance not received under
such title IV for the purpose of section 471(3) of
such Act.
(B) Nothing in this Act shall be construed to
modify the eligibility requirements applicable to stu-
dents, programs of study, or institutions of higher
education under title IV of such Act.
(6) APPROVED TRAINING.—
(A) RELATIONSHIP TO INCOME SUPPORT
PROGRAM.—For the purposes of the program
authorized under part A of title II of the Reem-
ployment Act of 1994 (H.R. 4040 of the 103d
Congress, as introduced) the substate grantee
shall be considered an agency certified by the
Secretary to develop a reemployment plan.
(B) RELATIONSHIP
TO
UNEMPLOYMENT
COMPENSATION.—An eligible individual partici-
pating in education and training services under
this title shall be deemed to be in training with
the approval of the State agency for the pur-
poses of section 3304(a)(8) of the Internal Rev-
enue Code of 1986.
(7) ON-THE-JOB TRAINING.—The provisions of
paragraphs (5) and (6) shall not apply to on-the-job
training provided under this title. Such on-the-job
training shall be provided consistent with the limita-
tions described in section 141(d).
(e) RETRAINING INCOME SUPPORT.—
(1) IN
GENERAL.—Individuals receiving edu-
cation and training services under subsection (d)
who meet the requirements for receiving retraining
income support under the program under part A of
title II of the Reemployment Act of 1994 (H.R.
4040 of the 103d Congress, as introduced) shall be
referred to such program for such support. For pro-
gram years 1995 through 1999, individuals who do
not meet the requirements of such program but who
meet the requirements of paragraph (2) shall, to the
extent appropriated funds are available, be provided
retraining income support in accordance with this
subsection.
(2) ELIGIBILITY.—An individual shall, to the
extent appropriated funds are available, be provided
retraining income support in accordance with this
subsection if such individual—
(A) has been permanently laid off;
(B) either—
(i) had been continuously employed at
the time of such permanent layoff for a pe-
riod of one year or more, but less than
three years, by the employer from whom
such individual has been permanently laid
off; or
(ii) was continuously employed in the
same occupation and industry by an em-
ployer for a period of one year or more and
was, within the preceding 12-month pe-
riod—
(I) separated from such em-
ployer; and
(II) employed in the same occu-
pation and industry by the subsequent
employer from whom such individual
has been permanently laid off;
(C)(i) was entitled, as a result of the layoff
described in subparagraph (A), to (or would
have been entitled to if such individual had ap-
plied therefor) unemployment compensation
under any Federal or State law for a week
within the benefit period—
(I) in which the layoff took place; or
(II) which began (or would have
begun) by reason of the filing of a claim
for unemployment compensation by such
individual after such layoff;
(ii) has exhausted all rights to any unem-
ployment compensation to which such individual
was entitled (or would have been entitled if
such individual had applied therefor); and
(iii) does not have an unexpired waiting
period applicable to such individual for such un-
employment compensation;
(D) has been enrolled in education or
training pursuant to subsection (d) by—
(i) the end of the 16th week after the
permanent layoff described in subpara-
graph (A), or, if later, the end of the 14th
week after such individual was informed
that the layoff will exceed 6 months; or
(ii) a period that is not in excess of
60 days after the periods described in
clause (i), in cases where the substate
grantee determines, in accordance with
guidelines issued by the Secretary, that
there are extenuating circumstances that
justify such extension, such as a cancella-
tion of a course, a first available enroll-
ment date that is after the periods de-
scribed in subparagraph (A), or the com-
mencement of negotiations for reopening a
plant or facility from which an individual
has been laid off; and
(E) is participating, and making satisfac-
tory progress, in education or training provided
pursuant to subsection (d).
(3) SPECIAL RULES.—
(A) CONTINUOUS EMPLOYMENT.—
(i) For purposes of clause (ii) of para-
graph (2)(B) and subject to the limitations
of clause (ii) of this subparagraph, contin-
uous employment shall be deemed to in-
clude any week in which an individual—
(I) was on employer-authorized
leave for purposes of vacation, sick-
ness, injury or inactive duty or active
duty military service for training;
(II) was on employer-authorized
leave because of circumstances de-
scribed in (aa) subsection 102(a) of
the Family and Medical Leave Act of
1993, or (bb) a similar State law;
(III) did not work because of a
disability that is compensable under a
worker’s compensation law or plan of
a State or the United States;
(IV) had his, or her, employment
interrupted in order to serve as a full-
time representative of a labor organi-
zation in such firm or subdivision;
(V) was on call-up for purposes
of active duty in a reserve status in
the Armed Forces of the United
States, provided such active duty is
‘‘Federal service’’ as defined in 5
U.S.C. 8521(a)(1);
(VI) was on temporary layoff; or
(VII) was serving on jury duty.
(ii) For the purposes of clause (i), no
more than the following number of weeks
within a one year period may be treated as
weeks of employment:
(I) 7 weeks in the case of weeks
described in subclauses (I) or (IV) of
clause (i), or both.
(II) 12 weeks in the case of
weeks described in division (aa) of
subclause (II) of clause (i). Any num-
ber of weeks in the case of weeks de-
scribed in division (bb) of subclause
(II) of clause (i).
(III) 26 weeks in the case of
weeks described in subclause (III) and
(V) of clause (i).
(B) SAME EMPLOYER.—(i) For the pur-
pose of clause (ii) of paragraph (2)(B), employ-
ment deemed to be employment for a single em-
ployer shall include—
(I) all employment that constituted
service under a single multiemployer plan
(as defined in section 4001(a)(3) of the
Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1301(a)(3));
(II) all employment that was obtained
through a single hiring hall;
(III) all employment for the employer
from whom the individual was laid-off or
the predecessor of such employer;
(IV) all employment for employers in
a joint employment relationship, as de-
scribed in section 791.2(b) of title 29 of
the Code of Federal Regulations, with the
individual; and
(V) all employment for a successor
employer or a leased employer.
(ii) For purposes of subclause (III) of
clause (i), an employer shall be considered a
predecessor of the employer from whom the in-
dividual was laid-off (hereinafter referred to as
successor employer) if—
(I) the successor employer acquired
substantially all the property used in a
trade or business, or used in a separate
unit of a trade or business, from such em-
ployer; and
(II) the individual who was laid off
was employed by such employer in such
trade or business, or in a separate unit of
such trade or business, immediately before
the acquisition and was employed by the
successor employer immediately after the
acquisition.
(C) INDIVIDUAL TREATED AS PARTICIPAT-
ING IN EDUCATION OR TRAINING PROGRAM.—
For purposes of subparagraph (E) of paragraph
(2), an individual shall be treated as participat-
ing, and making satisfactory progress, in an
education or training program during any week
which is part of a break from training that does
not exceed 28 days if the break is provided
under such program.
(4) WEEKLY AMOUNT OF PAYMENTS.—The re-
training income support payment payable to an indi-
vidual under this subsection shall be an amount
equal to the most recent benefit amount of the un-
employment compensation payable to such individual
for a week of total unemployment preceding such in-
dividual’s first exhaustion of unemployment com-
pensation related to the permanent layoff reduced
(but not below zero) by—
(A) any training income support provided
for such week to such individual under another
Federal program;
(B) income that is earned from employ-
ment that exceeds one-half the amount equal to
the most recent weekly benefit amount of the
unemployment compensation payable to such
individual for a week of total unemployment.
(5) TOTAL AMOUNT OF PAYMENTS.—
(A) IN GENERAL.—The maximum amount
of retraining income support payable to an indi-
vidual under this subsection shall be the
amount which is the product of 26 multiplied
by the retraining income support payable to the
individual for a week of total unemployment (as
determined under paragraph (4)), but such
product shall be reduced by the total sum of ex-
tended and additional compensation to which
the individual was entitled in the worker’s first
benefit period as described in paragraph (2)(C).
(B) PERIOD OF AVAILABILITY.—(i) Sub-
ject to the provisions of clause (ii), no retrain-
ing income support shall be paid for any week
occurring after the close of the 78-week period
that begins with the first week following the
week after the individual was permanently laid-
off as described in paragraph (2)(A).
(ii) For the purpose of determining the 78-
week period in clause (i), the period of time
specified in a certificate of continuing eligibility
issued pursuant under section 118 during which
the individual is employed in a job described by
that section shall not be counted.
(6) WEEKS
DURING
WHICH
INDIVIDUAL
RE-
CEIVED ON-THE-JOB TRAINING.—No retraining in-
come support shall be paid to an individual under
this subsection for any week during which the indi-
vidual is receiving on-the-job training.
(7) COORDINATION WITH EXTENDED BENEFITS
PROGRAM.—
(A) IN
GENERAL.—Notwithstanding any
other provision of this Act or other Federal law,
if the benefit year of an individual ends within
an extended benefit period, the number of
weeks of extended benefits that such worker
would, but for this paragraph, be entitled to an
extended benefit period shall be reduced (but
not below zero) by the number of weeks for
which the individual was entitled, during such
benefit year, to retraining income support
under this Act.
(B) DEFINITIONS.—For purposes of this
paragraph, the terms ‘‘benefit year’’ and ‘‘ex-
tended benefit period’’ shall have the same re-
spective meanings given to them in the Federal-
State Extended Unemployment Compensation
Act of 1970.
(8) ADMINISTRATION.—The substate grantee
shall enter into an agreement with the State agency
charged with the administration of the State unem-
ployment compensation law under which such agency
will administer, on a cost-reimbursable basis, the re-
training income support payments authorized under
this subsection.
(9) SUBSTATE GRANTEE ROLE.—Each substate
grantee shall assist an individual receiving education
or training pursuant to subsection (d) in applying
for retraining income support under either part A of
title II of the Reemployment Act of 1994 (H.R.
4040 of the 103d Congress, as introduced) or this
subsection depending on the program for which such
individual is eligible. If such individual is not eligible
for either program and such individual believes in-
come support is necessary to enable participation in
training, the substate grantee shall assist such indi-
vidual in applying for other appropriate sources of
such income support, including student financial aid.
(10) INFORMATION DISSEMINATION.—The sub-
state grantee shall provide individuals determined el-
igible under this title with information relating to
the availability of retraining income support and the
requirements relating to eligibility for such support.
Such information shall include the provision, in a
timely manner, as defined by the Secretary, of infor-
mation to such individuals describing the time peri-
ods by which enrollment in education and training
must occur in order to be eligible for retraining in-
come support pursuant to paragraph (2)(D) of this
subsection and section 202 of the Reemployment Act
of 1994 (H.R. 4040 of the 103d Congress, as intro-
duced). In addition, the substate grantee shall make
arrangements with the State agency charged with
the administration of the State unemployment com-
pensation law to make such information generally
available to claimants along with other information
describing the services available under this title.
(f) SUPPORTIVE SERVICES.—
(1) IN GENERAL.—Each substate grantee shall
make available to an eligible individual, either
through direct payment, payment to a service pro-
vider, or arrangements through appropriate agen-
cies, such supportive services as are identified in
such individuals’s reemployment plan as necessary to
enable such individual to participate in intensive re-
employment services under subsection (c) or edu-
cation and training services under subsection (d).
(2) 
OPTIONAL
SERVICES.—Each 
substate
grantee may make available to an eligible individual
such supportive services as such grantee determines
is appropriate to enable such individual to partici-
pate in basic reemployment services.
(3) SERVICES
AVAILABLE.—The supportive
services provided pursuant to this subsection may in-
clude transportation, dependent care, meals, health
care, temporary shelter, needs-related payments in
an amount which is at least equal to the minimum
State unemployment insurance benefit (as deter-
mined by the State), drug and alcohol abuse counsel-
ing and referral, family counseling, and other similar
services.
(g) ADDITIONAL DEFINITIONS.—For purposes of this
section, the following definitions apply:
(1) ADDITIONAL
COMPENSATION.—The term
‘‘additional compensation’’ means compensation pay-
able by reason of conditions of high unemployment
or other special factors to individuals who have ex-
hausted their unemployment compensation.
(2) BENEFIT PERIOD.—The term ‘‘benefit pe-
riod’’ means, with respect to an individual—
(A) the benefit year and any ensuing pe-
riod, as determined under the applicable State
law, during which the individual is eligible for
regular compensation, additional compensation,
or extended compensation; or
(B) the equivalent to such a benefit year
or ensuing period provided for under the appli-
cable Federal unemployment compensation law.
(3) ON-THE-JOB TRAINING.—The term ‘‘on-the-
job training’’ means training provided by the em-
ployer to an individual who performs services for re-
muneration for the employer.
(4) 
UNEMPLOYMENT
COMPENSATION.—The
term ‘‘unemployment compensation’’ means the un-
employment compensation payable to an individual
under any State law or Federal unemployment com-
pensation law, including chapter 85 of title 5, Unit-
ed States Code and the Railroad Unemployment In-
surance Act.
(5) WEEK.—The term ‘‘week’’ means a week as
defined in the applicable State.
SEC. 118. CERTIFICATES OF CONTINUING ELIGIBILITY.
(a) IN GENERAL.—A substate grantee shall issue a
certificate of continuing eligibility for services under this
title if such grantee determines that—
(1) such individual is eligible for services under
section 103; and
(2)(A) such individual is accepting employment
and such employment is—
(i) at a wage significantly less than such
individual’s previous wage; or
(ii) in an occupation significantly different
from such individual’s previous occupation; or
(B) such individual is unable to participate in
training or education within the time period pro-
vided by section 117(e)(2)(D) because no suitable
training or education is reasonably available to such
individual.
(b) CONTENTS.—A certificate of continuing eligibility
issued pursuant to subsection (a) shall specify a period
of time not to exceed 104 weeks that such individual shall
remain eligible, notwithstanding the requirements of sec-
tion 103, for services under this title and for retraining
income support payments under section 117(e) and part
A of title II of the Reemployment Act of 1994 (H.R. 4040
of the 103d Congress, as introduced).
(c) ELIGIBILITY
FOR RETRAINING INCOME SUP-
PORT.—With respect to the continuing eligibility of an in-
dividual receiving a certificate under this section for re-
training income support—
(1) the requirements relating to eligibility for
unemployment 
compensation 
under 
section
117(e)(2)(C) of this Act and section 202(a)(3) of
the Reemployment Act of 1994 (H.R. 4040 of the
103d Congress, as introduced) and to the weekly
amount of such support under section 117(e)(4) and
part A of title II of the Reemployment Act of 1994
(H.R. 4040 of the 103d Congress, as introduced)
shall apply to such individual’s status at the time
such individual receives a certificate under this sec-
tion and shall not apply to such individual’s status
at the time of separation from subsequent employ-
ment described in subsection (a)(2); and
(2) the requirements relating to enrollment in
training in order to qualify for such income support
shall remain applicable except that the 16-week and
14-week periods described in section 117(e)(2) of
this Act and section 202(a)(4) of the Reemployment
Act of 1994 (H.R. 4040 of the 103d Congress, as
introduced) shall commence with such individual’s
separation from the subsequent employment de-
scribed in subsection (a)(2).
Subtitle B—Federal Service
Delivery System
SEC. 121. FEDERAL REEMPLOYMENT UNIT.
The Secretary shall designate or establish an identifi-
able worker reemployment unit to coordinate the functions
of the Secretary under this title.
SEC. 122. NATIONAL DISCRETIONARY GRANT PROGRAM.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary may provide
grants to eligible entities described in paragraph (2)
to carry out the following activities:
(A) To establish programs to address large
scale economic dislocations that result from
plant closures, base closures, or mass layoffs.
(B) To establish programs that may be up
to 3 years in length, and may include the fol-
lowing programs:
(i) Self-employment opportunity pro-
gram.
(ii) Public works employment pro-
gram.
(iii) Dislocated farmer program.
(iv) Job creation program.
(C) To carry out projects that establish on-
site transition centers meeting the requirements
described in section 115(d)(2).
(D) To establish programs to address
small-scale layoffs that are likely to have a sub-
stantial adverse State or local economic impact.
(E) To provide additional financial assist-
ance to programs and activities established and
operated by States and substate grantees under
this title.
(2) ELIGIBLE ENTITIES.—The following entities
shall be eligible to receive grants under paragraph
(1):
(A) States.
(B) Substate grantees.
(C) Employers and employer associations,
including private industry councils.
(D) Transition assistance committees and
other employer-employee entities.
(E) Labor organizations.
(F) Industry consortia.
(G) Appropriate State agencies.
(H) Community-based organizations.
(I) Institutions of higher education.
(J) Native American tribal entities eligible
to receive assistance under section 401 of the
Job Training Partnership Act.
(K) Entities eligible to receive assistance
under section 402 of the Job Training Partner-
ship Act (relating to migrant and seasonal
farmworker programs).
(L) Entities providing adult education, as
defined in section 312(2) of the Adult Edu-
cation Act.
(M) Entities providing vocational edu-
cation, as defined in section 521(41) of the Carl
D. Perkins Vocational and Applied Technology
Education Act.
(b) APPLICATION.—
(1) IN GENERAL.—The Secretary may not pro-
vide a grant under subsection (a) to an eligible en-
tity unless the entity submits to the Secretary an
application at such time, in such manner, and ac-
companied by such information as the Secretary de-
termines to be appropriate.
(2) REVIEW AND COMMENT BY GOVERNOR.—
The Governor shall be provided an opportunity to re-
view and comment on an application described in
paragraph (1) prior to the submission of such appli-
cation to the Secretary.
(c) REVIEW OF APPLICATION.—The Secretary shall
review each application submitted under subsection (b)
and shall approve or disapprove each such application not
later than 30 days after the date on which the Secretary
receives such application.
(d) AUTHORITY TO OBLIGATE GRANT FUNDS.—An
eligible entity may enter into obligations to expend
amounts that will be provided to such entity under a grant
beginning on the date on which the Secretary approves
the application for such grant under subsection (c).
(e) USE OF AMOUNTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may not provide a grant
under subsection (a)(1) to an eligible entity unless
the entity agrees that it will use all amounts received
from such grant to provide services described in sec-
tion 117 to eligible individuals under projects that
relate to—
(A) industry-wide dislocations;
(B) multistate dislocations;
(C) dislocations caused by Federal actions,
including—
(i) dislocations resulting from reduc-
tions in expenditures by the United States
for defense; and
(ii) dislocations resulting from Fed-
eral environmental laws and regulations,
including the Clean Air Act (42 U.S.C.
7401 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(D) dislocations resulting from inter-
national trade;
(E) dislocations affecting Native American
tribal entities carried out through agreements
with such entities; and
(F) other dislocations that result from spe-
cial circumstances or dislocations that State
and local resources are insufficient to address.
(2) EXCEPTION.—In the case of an eligible en-
tity that is a Native American tribal entity, the Sec-
retary may not provide a grant under subsection
(a)(1) to such entity unless the entity agrees that it
will use all amounts received from such grant to pro-
vide services described in section 117 to eligible indi-
viduals under projects that relate to dislocations af-
fecting such entity.
SEC. 123. DISASTER RELIEF EMPLOYMENT ASSISTANCE.
(a) GENERAL AUTHORITY.—
(1) QUALIFICATION
FOR
FUNDS.—Funds ap-
propriated to carry out this section shall be made
available in a timely manner by the Secretary to the
Governor of any State within which is located an
area that has suffered an emergency or a major dis-
aster as defined in paragraphs (1) and (2), respec-
tively, of section 102 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (here-
after referred to in this section as the ‘‘disaster
area’’).
(2) COORDINATION.—Funds made available to
Governors under paragraph (1) shall be expended in
consultation with—
(A) agencies administering programs for
disaster relief provided under the Robert T.
Stafford Disaster Relief and Emergency Assist-
ance Act; and
(B) the administrative entity and the pri-
vate industry council in each service delivery
area within which disaster employment pro-
grams will be conducted under this section.
(b) USE OF FUNDS.—
(1) IN GENERAL.—Funds made available under
this section shall be utilized for the purpose of di-
rectly assisting communities that are located within
disaster areas, including units of general local gov-
ernment in such areas, and—
(A) shall be used exclusively to provide em-
ployment under projects—
(i) to provide food, clothing, shelter,
and other humanitarian assistance for vic-
tims of a disaster; and
(ii) relating to the demolition, clean-
up, repair, renovation, and reconstruction
of damaged and destroyed structures, fa-
cilities, and lands located within the disas-
ter area; and
(B) may be expended through public and
private agencies and organizations engaged in
such projects.
(2) ELIGIBILITY FOR EMPLOYMENT.—
(A) IN
GENERAL.—Notwithstanding sec-
tion 103, an individual shall be eligible to be of-
fered employment under paragraph (1) if such
individual is temporarily or permanently laid off
as a consequence of a disaster.
(B) LIMITATION.—An individual shall not
be employed under paragraph (1) for more than
6 months for work related to recovery from a
single natural disaster.
(c) DEFINITION OF UNIT OF GENERAL LOCAL GOV-
ERNMENT.—For purposes of this section, the term ‘‘unit
of general local government’’ includes—
(1) in the case of a community conducting a
project in an Indian reservation or Alaska Native
village, the grantee designated under subsection (c)
or (d) of section 401 of the Job Training Partner-
ship Act (29 U.S.C. 1671(c) or (d)), or a consortium
of such grantees and the State; and
(2) in the case of a community conducting a
project in a migrant or seasonal farmworker commu-
nity, the grantee designated under section 402(c) of
the Job Training Partnership Act (29 U.S.C.
1672(c)), or a consortium of such grantees and the
State.
SEC. 124. EVALUATION, RESEARCH, AND DEMONSTRA-
TIONS.
(a) EVALUATION.—
(1) IN GENERAL.—The Secretary shall provide
for the continuing evaluation of programs conducted
under this title, including the cost-effectiveness of
such programs in achieving the purposes of this
title.
(2) TECHNIQUES.—
(A) METHODS.—An evaluation conducted
under paragraph (1) shall utilize recognized
statistical methods and techniques of the behav-
ioral and social sciences, including methodolo-
gies that control for self-selection, where fea-
sible.
(B) ANALYSIS.—An evaluation conducted
under paragraph (1) may include cost benefit
analyses of programs, and analyses of the im-
pact of the programs on participants and the
community, the extent to which programs meet
the needs of various demographic groups, the
extent to which programs provided training
which led to high skill, high wage jobs and non-
traditional employment opportunities for women
and minorities, and the effectiveness of the de-
livery systems used by the various programs.
(C) EFFECTIVENESS.—The Secretary shall
evaluate the effectiveness of programs author-
ized under this title with respect to—
(i) the statutory goals;
(ii) the performance standards estab-
lished by the Secretary; and
(iii) the extent to which such pro-
grams enhance the employment and earn-
ings of participants, reduce income support
costs, 
improve 
the 
employment 
com-
petencies of participants in comparison to
comparable persons who did not partici-
pate in such programs, and, to the extent
feasible, increase the level of total employ-
ment over the level that would have existed
in the absence of such programs.
(b) RESEARCH.—
(1) IN GENERAL.—The Secretary shall establish
a program of research relating to addressing eco-
nomic dislocation, facilitating the transition of per-
manently laid off workers to reemployment, and up-
grading the skills of employed workers.
(2) CONDUCT OF PROGRAM.—In carrying out
the program established under paragraph (1), the
Secretary shall develop and maintain statistical data
relating to permanent layoffs and plant closings.
(3) MASS
LAYOFF
REPORT.—The Secretary
shall publish a report based upon such data, as soon
as practicable, after the end of each calendar year.
Among the data to be included are—
(A) the number of such closings;
(B) the number of workers displaced;
(C) the location of the affected facilities;
and
(D) the types of industries involved.
(4) SURVEY AND REPORT RELATING TO WORK-
ER ADJUSTMENT AND RETRAINING AND NOTIFICA-
TION ACT.—
(A) SURVEY.—The Secretary shall conduct
a survey—
107
except that such period of on-the-job train-
ing shall not exceed 6 months unless the
total number of hours of such training is
less than 500 hours.
(ii) DETERMINATION OF PERIOD GEN-
ERALLY
REQUIRED
FOR
ACQUISITION
OF
SKILLS.—In determining the period gen-
erally required for acquisition of such
skills, consideration shall be given to recog-
nized reference material (such as the Dic-
tionary of Occupational Titles), the content
of the training of the individual, the prior
work experience of the individual, and the
reemployment plan of the individual.
(C) ON-THE-JOB TRAINING CONTRACTS.—
(i) CONTENTS AND REQUIREMENTS.—
Each on-the-job training contract shall—
(I) specify the types and duration
of on-the-job training and the other
services to be provided in sufficient
detail to allow for a fair analysis of
the reasonableness of proposed costs;
and
(II) comply with the applicable
requirements of section 154.
193
sive statewide network of one-stop career systems author-
ized under this title, including—
(1) assessing the needs of the State with regard
to—
(A) current and projected demand for
workers by occupation;
(B) skill levels of the workforce and the
needs of business for a skilled workforce;
(C) economic development needs of the
State; and
(D) the type and availability of Federal
and State employment and training programs
in the State;
(2) providing advice to the Governor on the des-
ignation of one-stop service areas within the State;
(4) facilitating the provision through appro-
priate State agencies of grants and technical assist-
ance to local elected officials;
(5) developing a mechanism for waiving State
rules and provisions of law with respect to Federal
and State employment and training programs; and
(6) developing a strategy to collect and utilize
information on the effectiveness of Federal and
State employment and training programs, and that