I
103D CONGRESS
2D SESSION
H. R. 5166
To establish a comprehensive program for worker reemployment, to facilitate
the establishment of one-stop career systems to serve as a common
point of access to employment, education, and training information and
services, to establish a national labor market information program, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 1994
Mr. FORD of Michigan (for himself and Mr. WILLIAMS) introduced the
following bill; which was referred to the Committee on Education and Labor
A BILL
To establish a comprehensive program for worker reemploy-
ment, to facilitate the establishment of one-stop career
systems to serve as a common point of access to employ-
ment, education, and training information and services,
to establish a national labor market information pro-
gram, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Reemployment Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
TITLE I—COMPREHENSIVE PROGRAM FOR WORKER
REEMPLOYMENT
Sec. 101. Allotment.
Sec. 102. Recapture and reallotment of unexpended funds.
Sec. 103. Eligibility for services.
Subtitle A—State and Substate Delivery System
Sec. 111. State administration and oversight.
Sec. 112. Designation and functions of State dislocated worker unit.
Sec. 113. Development and maintenance of State and local labor market infor-
mation program.
Sec. 114. Coordination with worker profiling and retraining income support
programs.
Sec. 115. State grants for areas of special need, populations in need, and spe-
cial projects.
Sec. 116. Establishment of substate administrative structure.
Sec. 117. Services to be provided to eligible individuals.
Sec. 118. Certificates of continuing eligibility.
Subtitle B—Federal Service Delivery System
Sec. 121. Federal reemployment unit.
Sec. 122. National discretionary grant program.
Sec. 123. Disaster relief employment assistance.
Sec. 124. Evaluation, research, and demonstrations.
Sec. 125. Capacity building and technical assistance.
Sec. 126. Federal bypass authority.
Subtitle C—Performance Standards and Quality Assurance Systems
Sec. 131. Performance standards.
Sec. 132. Customer feedback.
Sec. 133. Eligibility requirements for providers of education and training serv-
ices.
Subtitle D—Program Requirements
Sec. 141. General requirements.
Sec. 142. Benefits.
Sec. 143. Labor standards.
Sec. 144. Grievance procedure.
Subtitle E—Fiscal Administrative Provisions
Sec. 151. Program year.
Sec. 152. Prompt allocation of funds.
Sec. 153. Monitoring.
Sec. 154. Fiscal controls and sanctions.
Sec. 155. Reports, recordkeeping, and investigations.
Sec. 156. Administrative adjudication.
Sec. 157. Nondiscrimination.
Sec. 158. Judicial review.
Sec. 159. Administrative provisions.
Sec. 160. Obligational authority.
Subtitle F—Consolidation Provisions
Sec. 171. Repealers.
Sec. 172. Conforming amendments.
Sec. 173. Transition.
TITLE II—ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND
TRAINING
Sec. 201. Purpose.
Subtitle A—Basic System Components
Sec. 211. General requirements.
Sec. 212. Integration of employment and training programs component.
Sec. 213. Customer choice component.
Sec. 214. Universal access component.
Sec. 215. Accountability component.
Subtitle B—Grants to States
Sec. 221. Purpose.
Sec. 222. Authorization.
Sec. 223. Application.
Sec. 224. Review of application.
Sec. 225. Use of amounts.
Sec. 226. Reports.
Subtitle C—Federal Grants to One-Stop Service Areas
Sec. 231. Purpose.
Sec. 232. Authorization.
Sec. 233. Application.
Sec. 234. Review of application.
Sec. 235. Use of amounts.
Sec. 236. Reports.
Subtitle D—Administrative Requirements
Sec. 241. Establishment of substate administrative structure.
Sec. 242. Participating programs.
Sec. 243. Services.
Sec. 244. One-stop service providers.
Sec. 245. Operating agreements.
Sec. 246. Additional State responsibilities.
Sec. 247. State human resource investment council.
Sec. 248. Pooling of administrative resources.
Sec. 249. Labor standards.
Subtitle E—Waiver of Statutory and Regulatory Requirements
Sec. 251. State, local consortium, and Native American tribal entity requests
and responsibilities for waivers.
Sec. 252. Waiver authority.
Subtitle F—National Programs
Sec. 261. Oversight.
Sec. 262. Performance standards and evaluation.
Sec. 263. Capacity building and technical assistance.
Sec. 264. Interagency task force relating to waiver requests.
TITLE III—NATIONAL LABOR MARKET INFORMATION PROGRAM
FOR STATES AND LOCALITIES
Sec. 301. Purposes.
Sec. 302. National strategy.
Sec. 303. Components of program.
Sec. 304. Coordination.
TITLE IV—TECHNICAL PROVISIONS
Sec. 401. Effective date.
Sec. 402. Sunset.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to better integrate the existing unemploy-
ment system into a comprehensive, universal, high-
quality system for reemployment so that this system
can effectively serve structurally unemployed individ-
uals as well as individuals on temporary layoffs;
(2) to promote equity and efficiency by consoli-
dating the major Federal programs for dislocated
workers into a comprehensive program for all indi-
viduals who have been permanently laid off regard-
less of the cause of dislocation;
(3) to facilitate effective, quality training for
permanently laid-off workers who want and need
such training;
(4) to provide customer-centered, high-quality
employment and training services that give dis-
located workers the tools to make informed career
and training choices;
(5) to provide universal access to basic reem-
ployment services, including assessment of skill lev-
els and service needs, labor market information, and
job search assistance;
(6) to begin to integrate the current employ-
ment and training system in the United States by
replicating and expanding the innovative efforts of
States and localities to provide comprehensive, one-
stop reemployment and training systems; and
(7) to create a National Labor Market Informa-
tion Program that gives employers, training provid-
ers, students, job seekers, and employees high-qual-
ity and timely data on the local economy, labor mar-
ket, and other occupational information.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) TITLE I.—There are authorized to be appro-
priated to carry out title I—
(1) $1,465,000,000 for fiscal year 1995; and
(2) such sums as may be necessary for each
succeeding fiscal year.
(b) TITLES II AND III.—There are authorized to be
appropriated to carry out titles II and III—
(1) $250,000,000 for each of the fiscal years
1995 through 1999; and
(2) such sums as may be necessary for each of
the fiscal years 2000 through 2003.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) COMMUNITY-BASED
ORGANIZATIONS.—The
term ‘‘community-based organizations’’ has the
meaning given such term in section 4(5) of the Job
Training Partnership Act (29 U.S.C. 1503(5)).
(2) DISPLACED HOMEMAKERS.—The term ‘‘dis-
placed homemakers’’ has the meaning given such
term in section 4(29) of the Job Training Partner-
ship Act (29 U.S.C. 1503(29)).
(3) EMPLOYER.—
(A) 
IN
GENERAL.—The 
term 
‘‘em-
ployer’’—
(i) means any person engaged in any
activity, business or industry in commerce
or affecting commerce that employs an in-
dividual;
(ii) includes any person who acts, di-
rectly or indirectly, in the interest of an
employer in relation to any of the employ-
ees of such employer; and
(iii) includes any public agency (as de-
fined in section 3(x) of the Fair Labor
Standards Act, 29 U.S.C. 203(x)).
(B) COMMERCE.—The term ‘‘commerce’’
means trade, traffic, commerce, transportation,
or communication among the several States, or
between the District of Columbia or any Terri-
tory of the United States and any State or
other Territory, or between any foreign country
and any State, Territory, or the District of Co-
lumbia, or within the district of Columbia or
any Territory, or between points in the same
State but through any other State or any Terri-
tory or the District of Columbia or any foreign
country.
(C) AFFECTING
COMMERCE.—The term
‘‘affecting commerce’’ means in commerce, or
burdening or obstructing commerce or the free
flow of commerce.
(D) SUCCESSOR EMPLOYER.—An employer
is a ‘‘successor employer’’ if, based on the facts
and circumstances, on balance after applying at
least the following criteria, and consistent with
any regulations promulgated by the Secretary
of Labor, the employer has substantially as-
sumed the employment-related responsibilities
of another employer:
(i) Substantial continuity of the same
business operations.
(ii) Use of the same plant, common
facility, or work site.
(iii) Continuity of the work force.
(iv) Similarity of jobs and working
conditions.
(v) Similarity of supervisory person-
nel.
(vi) Similarity in machinery, equip-
ment, and productions methods.
(vii) Similarity of products or services.
(E) TREATMENT
OF
COMMON
EMPLOY-
MENT.—The Secretary of Labor shall promul-
gate regulations regarding responsibilities of
employers in the case of common employment
of an employee by such employers.
(4) GOVERNOR.—The term ‘‘Governor’’ means
the chief executive of any State.
(5) LABOR MARKET AREA.—The term ‘‘labor
market area’’ has the meaning given such term in
section 4(13) of the Job Training Partnership Act
(29 U.S.C. 1503(13)).
(6) LOCAL
ELECTED
OFFICIAL.—The term
‘‘local elected official’’ means the chief elected execu-
tive officer of a unit of general local government.
(7) 
NONTRADITIONAL
EMPLOYMENT.—The
term ‘‘nontraditional employment’’ as applied to
women refers to occupations or fields of work where
women comprise less than 25 percent of the individ-
uals employed in such occupation or field of work.
(8) PRIVATE
INDUSTRY
COUNCIL.—The term
‘‘private industry council’’ means a private industry
council established under section 102 of the Job
Training Partnership Act (29 U.S.C. 1512).
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(10) SERVICE
DELIVERY
AREA.—The term
‘‘service delivery area’’ means an area established
under section 101 of the Job Training Partnership
Act (29 U.S.C. 1511).
(11) SERVICE PROVIDER.—Except as otherwise
provided in this Act, the term ‘‘service provider’’
means a public agency, private nonprofit organiza-
tion, or private-for-profit entity that provides serv-
ices authorized under this Act.
(12) STATE.—
(A) TITLE I.—For purposes of title I, the
term ‘‘State’’ means any of the several States,
the District of Columbia, and the Common-
wealth of Puerto Rico.
(B) TITLES II AND III.—For purposes of
titles II and III, the term ‘‘State’’ means each
of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, the
Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of
Palau.
(13) STATE COUNCIL.—The term ‘‘State coun-
cil’’ means a State job training coordinating council
established under section 122 of the Job Training
Partnership Act (29 U.S.C. 1532).
(14) STATE
HUMAN
RESOURCE
INVESTMENT
COUNCIL.—The term ‘‘State Human Resource In-
vestment Council’’ means a council established under
section 701 of the Job Training Partnership Act (29
U.S.C. 1792).
(15) SUBSTATE
AREA.—The term ‘‘substate
area’’ means a geographic area in a State estab-
lished pursuant to section 116(a).
(16) SUBSTATE GRANTEE.—The term ‘‘substate
grantee’’ means an agency, organization, or consor-
tium thereof selected to administer programs pursu-
ant to section 116(b).
(17) UNIT
OF
GENERAL
LOCAL
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ means any general purpose political subdivi-
sion of a State which has the power to levy taxes
and spend funds, as well as general corporate and
police powers.
TITLE I—COMPREHENSIVE PRO-
GRAM FOR WORKER REEM-
PLOYMENT
SEC. 101. ALLOTMENT.
(a) ALLOTMENT OF FUNDS.—Of the funds appro-
priated pursuant to section 3(a) for any fiscal year, the
Secretary shall—
(1) allot 75 percent among the States in ac-
cordance with subsection (b); and
(2) reserve 25 percent to carry out subtitle B,
subject to the reservation required by subsection (e).
(b) ALLOTMENT AMONG STATES.—