H. R. 1385—77
programs, enrolling in other suitable vocational training
programs, or satisfying Armed Forces requirements, on
completion of their enrollment.
(B) LINK TO EMPLOYMENT OPPORTUNITIES.—The voca-
tional training provided shall be linked to the employment
opportunities in the local area in which the enrollee intends
to seek employment after graduation.
(b) EDUCATION AND VOCATIONAL TRAINING.—The Secretary may
arrange for education and vocational training of enrollees through
local public or private educational agencies, vocational educational
institutions, or technical institutes, whenever such entities provide
education and training substantially equivalent in cost and quality
to that which the Secretary could provide through other means.
(c) ADVANCED CAREER TRAINING PROGRAMS.—
(1) IN GENERAL.—The Secretary may arrange for programs
of advanced career training for selected enrollees in which
the enrollees may continue to participate for a period of not
to exceed 1 year in addition to the period of participation
to which the enrollees would otherwise be limited. The advanced
career training may be provided through the eligible providers
of training services identified under section 122.
(2) BENEFITS.—
(A) IN GENERAL.—During the period of participation
in an advanced career training program, an enrollee shall
be eligible for full Job Corps benefits, or a monthly stipend
equal to the average value of the residential support, food,
allowances, and other benefits provided to enrollees
assigned to residential Job Corps centers.
(B) CALCULATION.—The total amount for which an
enrollee shall be eligible under subparagraph (A) shall
be reduced by the amount of any scholarship or other
educational grant assistance received by such enrollee for
advanced career training.
(3) DEMONSTRATION.—Each year, any operator seeking to
enroll additional enrollees in an advanced career training pro-
gram shall demonstrate that participants in such program have
achieved a satisfactory rate of completion and placement in
training-related jobs before the operator may carry out such
additional enrollment.
(d) CONTINUED SERVICES.—The Secretary shall also provide
continued services to graduates, including providing counseling
regarding the workplace for 12 months after the date of graduation
of the graduates. In selecting a provider for such services, the
Secretary shall give priority to one-stop partners.
(e) CHILD CARE.—The Secretary shall, to the extent practicable,
provide child care at or near Job Corps centers, for individuals
who require child care for their children in order to participate
in the Job Corps.
SEC. 149. COUNSELING AND JOB PLACEMENT.
(a) COUNSELING AND TESTING.—The Secretary shall arrange
for counseling and testing for each enrollee at regular intervals
to measure progress in the education and vocational training pro-
grams carried out through the Job Corps.
(b) PLACEMENT.—The Secretary shall arrange for counseling
and testing for enrollees prior to their scheduled graduations to
determine their capabilities and, based on their capabilities, shall
H. R. 1385—78
make every effort to arrange to place the enrollees in jobs in
the vocations for which the enrollees are trained or to assist the
enrollees in obtaining further activities described in this subtitle.
In arranging for the placement of graduates in jobs, the Secretary
shall utilize the one-stop delivery system to the fullest extent pos-
sible.
(c) STATUS AND PROGRESS.—The Secretary shall determine the
status and progress of enrollees scheduled for graduation and make
every effort to assure that their needs for further activities described
in this subtitle are met.
(d) SERVICES TO FORMER ENROLLEES.—The Secretary may pro-
vide such services as the Secretary determines to be appropriate
under this subtitle to former enrollees.
SEC. 150. SUPPORT.
(a) PERSONAL ALLOWANCES.—The Secretary may provide enroll-
ees assigned to Job Corps centers with such personal allowances
as the Secretary may determine to be necessary or appropriate
to meet the needs of the enrollees.
(b) READJUSTMENT ALLOWANCES.—
(1) GRADUATES.—The Secretary shall arrange for a
readjustment allowance to be paid to graduates. The Secretary
shall arrange for the allowance to be paid at the one-stop
center nearest to the home of the graduate who is returning
home, or at the one-stop center nearest to the location where
the graduate has indicated an intent to seek employment. If
the Secretary uses any organization, in lieu of a one-stop center,
to provide placement services under this Act, the Secretary
shall arrange for that organization to pay the readjustment
allowance.
(2) FORMER ENROLLEES.—The Secretary may provide for
a readjustment allowance to be paid to former enrollees. The
provision of the readjustment allowance shall be subject to
the same requirements as are applicable to the provision of
the readjustment allowance paid to graduates under paragraph
(1).
SEC. 151. OPERATING PLAN.
(a) IN GENERAL.—The provisions of the contract between the
Secretary and an entity selected to operate a Job Corps center
shall, at a minimum, serve as an operating plan for the Job Corps
center.
(b) ADDITIONAL INFORMATION.—The Secretary may require the
operator, in order to remain eligible to operate the Job Corps
center, to submit such additional information as the Secretary
may require, which shall be considered part of the operating plan.
(c) AVAILABILITY.—The Secretary shall make the operating plan
described in subsections (a) and (b), excluding any proprietary
information, available to the public.
SEC. 152. STANDARDS OF CONDUCT.
(a) PROVISION AND ENFORCEMENT.—The Secretary shall pro-
vide, and directors of Job Corps centers shall stringently enforce,
standards of conduct within the centers. Such standards of conduct
shall include provisions forbidding the actions described in sub-
section (b)(2)(A).
(b) DISCIPLINARY MEASURES.—
H. R. 1385—79
(1) IN GENERAL.—To promote the proper moral and discipli-
nary conditions in the Job Corps, the directors of Job Corps
centers shall take appropriate disciplinary measures against
enrollees. If such a director determines that an enrollee has
committed a violation of the standards of conduct, the director
shall dismiss the enrollee from the Job Corps if the director
determines that the retention of the enrollee in the Job Corps
will jeopardize the enforcement of such standards or diminish
the opportunities of other enrollees.
(2) ZERO TOLERANCE POLICY AND DRUG TESTING.—
(A) GUIDELINES.—The Secretary shall adopt guidelines
establishing a zero tolerance policy for an act of violence,
for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive activity.
(B) DRUG TESTING.—The Secretary shall require drug
testing of all enrollees for controlled substances in accord-
ance with procedures prescribed by the Secretary under
section 145(a).
(C) DEFINITIONS.—In this paragraph:
(i) CONTROLLED SUBSTANCE.—The term ‘‘controlled
substance’’ has the meaning given the term in section
102 of the Controlled Substances Act (21 U.S.C. 802).
(ii) ZERO
TOLERANCE
POLICY.—The term ‘‘zero
tolerance policy’’ means a policy under which an
enrollee shall be automatically dismissed from the Job
Corps after a determination by the director that the
enrollee has carried out an action described in subpara-
graph (A).
(c) APPEAL.—A disciplinary measure taken by a director under
this section shall be subject to expeditious appeal in accordance
with procedures established by the Secretary.
SEC. 153. COMMUNITY PARTICIPATION.
(a) BUSINESS AND COMMUNITY LIAISON.—Each Job Corps center
shall have a Business and Community Liaison (referred to in this
Act as a ‘‘Liaison’’), designated by the director of the center.
(b) RESPONSIBILITIES.—The responsibilities of the Liaison shall
include—
(1) establishing and developing relationships and networks
with—
(A) local and distant employers; and
(B) applicable one-stop centers and applicable local
boards,
for the purpose of providing job opportunities for Job Corps
graduates; and
(2) establishing and developing relationships with members
of the community in which the Job Corps center is located,
informing members of the community about the projects of
the Job Corps center and changes in the rules, procedures,
or activities of the center that may affect the community, and
planning events of mutual interest to the community and the
Job Corps center.
(c) NEW CENTERS.—The Liaison for a Job Corps center that
is not yet operating shall establish and develop the relationships
and networks described in subsection (b) at least 3 months prior
to the date on which the center accepts the first enrollee at the
center.
H. R. 1385—80
SEC. 154. INDUSTRY COUNCILS.
(a) IN GENERAL.—Each Job Corps center shall have an industry
council, appointed by the director of the center after consultation
with the Liaison, in accordance with procedures established by
the Secretary.
(b) INDUSTRY COUNCIL COMPOSITION.—
(1) IN GENERAL.—An industry council shall be comprised
of—
(A) a majority of members who shall be local and
distant owners of business concerns, chief executives or
chief operating officers of nongovernmental employers, or
other private sector employers, who—
(i) have substantial management, hiring, or policy
responsibility; and
(ii) 
represent 
businesses 
with 
employment
opportunities that reflect the employment opportuni-
ties of the applicable local area;
(B) representatives of labor organizations (where
present) and representatives of employees; and
(C) enrollees and graduates of the Job Corps.
(2) LOCAL BOARD.—The industry council may include mem-
bers of the applicable local boards who meet the requirements
described in paragraph (1).
(c) RESPONSIBILITIES.—The responsibilities of the industry
council shall be—
(1) to work closely with all applicable local boards in order
to determine, and recommend to the Secretary, appropriate
vocational training for the center;
(2) to review all the relevant labor market information
to—
(A) determine the employment opportunities in the
local areas in which the enrollees intend to seek employ-
ment after graduation;
(B) determine the skills and education that are nec-
essary to obtain the employment opportunities; and
(C) recommend to the Secretary the type of vocational
training that should be implemented at the center to enable
the enrollees to obtain the employment opportunities; and
(3) to meet at least once every 6 months to reevaluate
the labor market information, and other relevant information,
to determine, and recommend to the Secretary, any necessary
changes in the vocational training provided at the center.
(d) NEW CENTERS.—The industry council for a Job Corps center
that is not yet operating shall carry out the responsibilities
described in subsection (c) at least 3 months prior to the date
on which the center accepts the first enrollee at the center.
SEC. 155. ADVISORY COMMITTEES.
The Secretary may establish and use advisory committees in
connection with the operation of the Job Corps program, and the
operation of Job Corps centers, whenever the Secretary determines
that the availability of outside advice and counsel on a regular
basis would be of substantial benefit in identifying and overcoming
problems, in planning program or center development, or in
strengthening relationships between the Job Corps and agencies,
institutions, or groups engaged in related activities.
H. R. 1385—81
SEC. 
156. 
EXPERIMENTAL, 
RESEARCH, 
AND 
DEMONSTRATION
PROJECTS.
The Secretary may carry out experimental, research, or dem-
onstration projects relating to carrying out the Job Corps program
and may waive any provisions of this subtitle that the Secretary
finds would prevent the Secretary from carrying out the projects.
SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW.
(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL EMPLOYEES.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section and in section 8143(a) of title 5, United States Code,
enrollees shall not be considered to be Federal employees and
shall not be subject to the provisions of law relating to Federal
employment, including such provisions regarding hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(2) PROVISIONS RELATING TO TAXES AND SOCIAL SECURITY
BENEFITS.—For purposes of the Internal Revenue Code of 1986
and title II of the Social Security Act (42 U.S.C. 401 et seq.),
enrollees shall be deemed to be employees of the United States
and any service performed by an individual as an enrollee
shall be deemed to be performed in the employ of the United
States.
(3) PROVISIONS RELATING TO COMPENSATION TO FEDERAL
EMPLOYEES FOR WORK INJURIES.—For purposes of subchapter
I of chapter 81 of title 5, United States Code (relating to
compensation to Federal employees for work injuries), enrollees
shall be deemed to be civil employees of the Government of
the United States within the meaning of the term ‘‘employee’’
as defined in section 8101 of title 5, United States Code, and
the provisions of such subchapter shall apply as specified in
section 8143(a) of title 5, United States Code.
(4) FEDERAL
TORT
CLAIMS
PROVISIONS.—For purposes of
the Federal tort claims provisions in title 28, United States
Code, enrollees shall be considered to be employees of the
Government.
(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the Secretary
finds a claim for damages to a person or property resulting from
the operation of the Job Corps to be a proper charge against
the United States, and the claim is not cognizable under section
2672 of title 28, United States Code, the Secretary may adjust
and settle the claim in an amount not exceeding $1,500.
(c) PERSONNEL
OF
THE UNIFORMED SERVICES.—Personnel of
the uniformed services who are detailed or assigned to duty in
the performance of agreements made by the Secretary for the sup-
port of the Job Corps shall not be counted in computing strength
under any law limiting the strength of such services or in computing
the percentage authorized by law for any grade in such services.
SEC. 158. SPECIAL PROVISIONS.
(a) ENROLLMENT.—The Secretary shall ensure that women and
men have an equal opportunity to participate in the Job Corps
program, consistent with section 145.
(b) STUDIES, EVALUATIONS, PROPOSALS, AND DATA.—The Sec-
retary shall assure that all studies, evaluations, proposals, and
data produced or developed with Federal funds in the course of
H. R. 1385—82
carrying out the Job Corps program shall become the property
of the United States.
(c) TRANSFER OF PROPERTY.—
(1) IN GENERAL.—Notwithstanding title II of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
481 et seq.) and any other provision of law, the Secretary
and the Secretary of Education shall receive priority by the
Secretary of Defense for the direct transfer, on a nonreimburs-
able basis, of the property described in paragraph (2) for use
in carrying out programs under this Act or under any other
Act.
(2) PROPERTY.—The property described in this paragraph
is real and personal property under the control of the Depart-
ment of Defense that is not used by such Department, including
property that the Secretary of Defense determines is in excess
of current and projected requirements of such Department.
(d) GROSS RECEIPTS.—Transactions conducted by a private for-
profit or nonprofit entity that is an operator or service provider
for a Job Corps center shall not be considered to be generating
gross receipts. Such an operator or service provider shall not be
liable, directly or indirectly, to any State or subdivision of a State
(nor to any person acting on behalf of such a State or subdivision)
for any gross receipts taxes, business privilege taxes measured
by gross receipts, or any similar taxes imposed on, or measured
by, gross receipts in connection with any payments made to or
by such entity for operating or providing services to a Job Corps
center. Such an operator or service provider shall not be liable
to any State or subdivision of a State to collect or pay any sales,
excise, use, or similar tax imposed on the sale to or use by such
operator or service provider of any property, service, or other item
in connection with the operation of or provision of services to
a Job Corps center.
(e) MANAGEMENT FEE.—The Secretary shall provide each opera-
tor and (in an appropriate case, as determined by the Secretary)
service provider with an equitable and negotiated management
fee of not less than 1 percent of the amount of the funding provided
under the appropriate agreement specified in section 147.
(f ) DONATIONS.—The Secretary may accept on behalf of the
Job Corps or individual Job Corps centers charitable donations
of cash or other assistance, including equipment and materials,
if such donations are available for appropriate use for the purposes
set forth in this subtitle.
(g) SALE OF PROPERTY.—Notwithstanding any other provision
of law, if the Administrator of General Services sells a Job Corps
center facility, the Administrator shall transfer the proceeds from
the sale to the Secretary, who shall use the proceeds to carry
out the Job Corps program.
SEC. 159. MANAGEMENT INFORMATION.
(a) FINANCIAL MANAGEMENT INFORMATION SYSTEM.—
(1) IN GENERAL.—The Secretary shall establish procedures
to ensure that each operator, and each service provider, main-
tains a financial management information system that will
provide—
(A) accurate, complete, and current disclosures of the
costs of Job Corps operations; and
H. R. 1385—83
(B) sufficient data for the effective evaluation of activi-
ties carried out through the Job Corps program.
(2) ACCOUNTS.—Each operator and service provider shall
maintain funds received under this subtitle in accounts in
a manner that ensures timely and accurate reporting as
required by the Secretary.
(3) FISCAL RESPONSIBILITY.—Operators shall remain fiscally
responsible and control costs, regardless of whether the funds
made available for Job Corps centers are incrementally
increased or decreased between fiscal years.
(b) AUDIT.—
(1) ACCESS.—The Secretary, the Inspector General of the
Department of Labor, the Comptroller General of the United
States, and any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of
the operators and service providers described in subsection
(a) that are pertinent to the Job Corps program, for purposes
of conducting surveys, audits, and evaluations of the operators
and service providers.
(2) SURVEYS, AUDITS, AND
EVALUATIONS.—The Secretary
shall survey, audit, or evaluate, or arrange for the survey,
audit, or evaluation of, the operators and service providers,
using Federal auditors or independent public accountants. The
Secretary shall conduct such surveys, audits, or evaluations
not less often than once every 3 years.
(c) INFORMATION ON INDICATORS OF PERFORMANCE.—
(1) ESTABLISHMENT.—The Secretary shall, with continuity
and consistency from year to year, establish indicators of
performance, and expected levels of performance for Job Corps
centers and the Job Corps program, relating to—
(A) the number of graduates and the rate of such
graduation, analyzed by type of vocational training received
through the Job Corps program and by whether the voca-
tional training was provided by a local or national service
provider;
(B) the number of graduates who entered unsubsidized
employment related to the vocational training received
through the Job Corps program and the number who
entered unsubsidized employment not related to the voca-
tional training received, analyzed by whether the vocational
training was provided by a local or national service provider
and by whether the placement in the employment was
conducted by a local or national service provider;
(C) the average wage received by graduates who
entered unsubsidized employment related to the vocational
training received through the Job Corps program and the
average wage received by graduates who entered unsub-
sidized employment unrelated to the vocational training
received;
(D) the average wage received by graduates placed
in unsubsidized employment after completion of the Job
Corps program—
(i) on the first day of the employment;
(ii) 6 months after the first day of the employment;
and
(iii) 12 months after the first day of the employ-
ment,
H. R. 1385—84
analyzed by type of vocational training received through
the Job Corps program;
(E) the number of graduates who entered unsubsidized
employment and were retained in the unsubsidized employ-
ment—
(i) 6 months after the first day of the employment;
and
(ii) 12 months after the first day of the employ-
ment;
(F) the number of graduates who entered unsubsidized
employment—
(i) for 32 hours per week or more;
(ii) for not less than 20 but less than 32 hours
per week; and
(iii) for less than 20 hours per week;
(G) the number of graduates who entered post-
secondary education or advanced training programs, includ-
ing apprenticeship programs, as appropriate; and
(H) the number of graduates who attained job
readiness and employment skills.
(2) PERFORMANCE OF RECRUITERS.—The Secretary shall also
establish performance measures, and expected performance lev-
els on the performance measures, for local and national recruit-
ment service providers serving the Job Corps program. The
performance measures shall relate to the number of enrollees
retained in the Job Corps program for 30 days and for 60
days after initial placement in the program.
(3) REPORT.—The Secretary shall collect, and annually sub-
mit a report to the appropriate committees of Congress contain-
ing information on the performance of each Job Corps center,
and the Job Corps program, on the core performance measures,
as compared to the expected performance level for each perform-
ance measure. The report shall also contain information on
the performance of the service providers described in paragraph
(2) on the performance measures established under such para-
graph, as compared to the expected performance levels for
the performance measures.
(d) ADDITIONAL INFORMATION.—The Secretary shall also collect,
and submit in the report described in subsection (c), information
on the performance of each Job Corps center, and the Job Corps
program, regarding—
(1) the number of enrollees served;
(2) the average level of learning gains for graduates and
former enrollees;
(3) the number of former enrollees and graduates who
entered the Armed Forces;
(4) the number of former enrollees who entered post-
secondary education;
(5) the number of former enrollees who entered unsub-
sidized employment related to the vocational training received
through the Job Corps program and the number who entered
unsubsidized employment not related to the vocational training
received;
(6) the number of former enrollees and graduates who
obtained a secondary school diploma or its recognized equiva-
lent;
H. R. 1385—85
(7) the number and percentage of dropouts from the Job
Corps program including the number dismissed under the zero
tolerance policy described in section 152(b); and
(8) any additional information required by the Secretary.
(e) METHODS.—The Secretary may collect the information
described in subsections (c) and (d) using methods described in
section 136(f )(2) consistent with State law.
(f ) PERFORMANCE ASSESSMENTS AND IMPROVEMENTS.—
(1) ASSESSMENTS.—The Secretary shall conduct an annual
assessment of the performance of each Job Corps center. Based
on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps pro-
gram.
(2) PERFORMANCE IMPROVEMENT PLANS.—With respect to
a Job Corps center that fails to meet the expected levels of
performance relating to the core performance measures speci-
fied in subsection (c), the Secretary shall develop and implement
a performance improvement plan. Such a plan shall require
action including—
(A) providing technical assistance to the center;
(B) changing the vocational training offered at the
center;
(C) changing the management staff of the center;
(D) replacing the operator of the center;
(E) reducing the capacity of the center;
(F) relocating the center; or
(G) closing the center.
(3) ADDITIONAL
PERFORMANCE
IMPROVEMENT
PLANS.—In
addition to the performance improvement plans required under
paragraph (2), the Secretary may develop and implement addi-
tional performance improvement plans. Such a plan shall
require improvements, including the actions described in para-
graph (2), for a Job Corps center that fails to meet criteria
established by the Secretary other than the expected levels
of performance described in paragraph (2).
(g) CLOSURE OF JOB CORPS CENTER.—Prior to the closure of
any Job Corps center, the Secretary shall ensure—
(1) that the proposed decision to close the center is
announced in advance to the general public through publication
in the Federal Register or other appropriate means;
(2) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit written
comments to the Secretary; and
(3) that the Member of Congress who represents the district
in which such center is located is notified within a reasonable
period of time in advance of any final decision to close the
center.
SEC. 160. GENERAL PROVISIONS.
The Secretary is authorized to—
(1) disseminate, with regard to the provisions of section
3204 of title 39, United States Code, data and information
in such forms as the Secretary shall determine to be appro-
priate, to public agencies, private organizations, and the general
public;
(2) subject to section 157(b), collect or compromise all
obligations to or held by the Secretary and exercise all legal
H. R. 1385—86
or equitable rights accruing to the Secretary in connection
with the payment of obligations until such time as such obliga-
tions may be referred to the Attorney General for suit or
collection; and
(3) expend funds made available for purposes of this sub-
title—
(A) for printing and binding, in accordance with
applicable law (including regulation); and
(B) without regard to any other law (including regula-
tion), for rent of buildings and space in buildings and
for repair, alteration, and improvement of buildings and
space in buildings rented by the Secretary, except that
the Secretary shall not expend funds under the authority
of this subparagraph—
(i) except when necessary to obtain an item, serv-
ice, or facility, that is required in the proper adminis-
tration of this subtitle, and that otherwise could not
be obtained, or could not be obtained in the quantity
or quality needed, or at the time, in the form, or
under the conditions in which the item, service, or
facility is needed; and
(ii) prior to having given written notification to
the Administrator of General Services (if the expendi-
ture would affect an activity that otherwise would be
under the jurisdiction of the General Services Adminis-
tration) of the intention of the Secretary to make the
expenditure, and the reasons and justifications for the
expenditure.
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub-
title such sums as may be necessary for each of the fiscal years
1999 through 2003.
Subtitle D—National Programs
SEC. 166. NATIVE AMERICAN PROGRAMS.
(a) PURPOSE.—
(1) IN GENERAL.—The purpose of this section is to support
employment and training activities for Indian, Alaska Native,
and Native Hawaiian individuals in order—
(A) to develop more fully the academic, occupational,
and literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce; and
(C) to promote the economic and social development
of Indian, Alaska Native, and Native Hawaiian commu-
nities in accordance with the goals and values of such
communities.
(2) INDIAN POLICY.—All programs assisted under this sec-
tion shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the government-
to-government relationship between the Federal Government
and Indian tribal governments.
(b) DEFINITIONS.—As used in this section:
H. R. 1385—87
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ means a
Native as such term is defined in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—The
terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have
the meanings given such terms in subsections (d), (e), and
(l), respectively, of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(3) NATIVE
HAWAIIAN
AND
NATIVE
HAWAIIAN
ORGANIZA-
TION.—The terms ‘‘Native Hawaiian’’ and ‘‘Native Hawaiian
organization’’ have the meanings given such terms in para-
graphs (1) and (3), respectively, of section 9212 of the Native
Hawaiian Education Act (20 U.S.C. 7912).
(c) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary shall, on a competitive
basis, make grants to, or enter into contracts or cooperative
agreements with, Indian tribes, tribal organizations, Alaska
Native entities, Indian-controlled organizations serving Indians,
or Native Hawaiian organizations to carry out the authorized
activities described in subsection (d).
(2) EXCEPTION.—The competition for grants, contracts, or
cooperative agreements conducted under paragraph (1) shall
be conducted every 2 years, except that if a recipient of such
a grant, contract, or agreement has performed satisfactorily,
the Secretary may waive the requirements for such competition
on receipt from the recipient of a satisfactory 2-year program
plan for the succeeding 2-year period of the grant, contract,
or agreement.
(d) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Funds made available under subsection
(c) shall be used to carry out the activities described in para-
graph (2) that—
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians or
Native Hawaiians preparing to enter, reenter, or retain
unsubsidized employment.
(2) WORKFORCE INVESTMENT ACTIVITIES AND SUPPLEMENTAL
SERVICES.—
(A) IN GENERAL.—Funds made available under sub-
section (c) shall be used for—
(i) comprehensive workforce investment activities
for Indians or Native Hawaiians; or
(ii) supplemental services for Indian or Native
Hawaiian youth on or near Indian reservations and
in Oklahoma, Alaska, or Hawaii.
(B) SPECIAL RULE.—Notwithstanding any other provi-
sion of this section, individuals who were eligible to partici-
pate in programs under section 401 of the Job Training
Partnership Act (29 U.S.C. 1671) (as such section was
in effect on the day before the date of enactment of this
Act) shall be eligible to participate in an activity assisted
under this section.
(e) PROGRAM PLAN.—In order to receive a grant or enter into
a contract or cooperative agreement under this section an entity
described in subsection (c) shall submit to the Secretary a program
plan that describes a 2-year strategy for meeting the needs of
H. R. 1385—88
Indian, Alaska Native, or Native Hawaiian individuals, as appro-
priate, in the area served by such entity. Such plan shall—
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities
to be provided will strengthen the ability of the individuals
served to obtain or retain unsubsidized employment;
(4) describe the activities to be provided and the manner
in which such activities are to be integrated with other appro-
priate activities; and
(5) describe, after the entity submitting the plan consults
with the Secretary, the performance measures to be used to
assess the performance of entities in carrying out the activities
assisted under this section.
(f ) CONSOLIDATION OF FUNDS.—Each entity receiving assistance
under subsection (c) may consolidate such assistance with assistance
received from related programs in accordance with the provisions
of the Indian Employment, Training and Related Services Dem-
onstration Act of 1992 (25 U.S.C. 3401 et seq.).
(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing
in this section shall be construed—
(1) to limit the eligibility of any entity described in sub-
section (c) to participate in any activity offered by a State
or local entity under this Act; or
(2) to preclude or discourage any agreement, between any
entity described in subsection (c) and any State or local entity,
to facilitate the provision of services by such entity or to the
population served by such entity.
(h) ADMINISTRATIVE PROVISIONS.—
(1) ORGANIZATIONAL
UNIT
ESTABLISHED.—The Secretary
shall designate a single organizational unit within the Depart-
ment of Labor that shall have primary responsibility for the
administration of the activities authorized under this section.
(2) REGULATIONS.—The Secretary shall consult with the
entities described in subsection (c) in—
(A) establishing regulations to carry out this section,
including performance measures for entities receiving
assistance under such subsection, taking into account the
economic circumstances of such entities; and
(B) developing a funding distribution plan that takes
into consideration previous levels of funding (prior to the
date of enactment of this Act) to such entities.
(3) WAIVERS.—
(A) IN GENERAL.—With respect to an entity described
in subsection (c), the Secretary, notwithstanding any other
provision of law, may, pursuant to a request submitted
by such entity that meets the requirements established
under paragraph (2), waive any of the statutory or regu-
latory requirements of this title that are inconsistent with
the specific needs of the entities described in such sub-
section, except that the Secretary may not waive require-
ments relating to wage and labor standards, worker rights,
participation and protection of workers and participants,
grievance procedures, and judicial review.
(B) REQUEST AND APPROVAL.—An entity described in
subsection (c) that requests a waiver under subparagraph
H. R. 1385—89
(A) shall submit a plan to the Secretary to improve the
program of workforce investment activities carried out by
the entity, which plan shall meet the requirements estab-
lished by the Secretary and shall be generally consistent
with the requirements of section 189(i)(4)(B).
(4) ADVISORY COUNCIL.—
(A) IN GENERAL.—Using funds made available to carry
out this section, the Secretary shall establish a Native
American Employment and Training Council to facilitate
the consultation described in paragraph (2).
(B) COMPOSITION.—The Council shall be composed of
individuals, appointed by the Secretary, who are represent-
atives of the entities described in subsection (c).
(C) DUTIES.—The Council shall advise the Secretary
on all aspects of the operation and administration of the
programs assisted under this section, including the selec-
tion of the individual appointed as the head of the unit
established under paragraph (1).
(D) PERSONNEL MATTERS.—
(i) COMPENSATION OF MEMBERS.—Members of the
Council shall serve without compensation.
(ii) TRAVEL EXPENSES.—The members of the Coun-
cil shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes
or regular places of business in the performance of
services for the Council.
(iii) ADMINISTRATIVE
SUPPORT.—The Secretary
shall provide the Council with such administrative sup-
port as may be necessary to perform the functions
of the Council.
(E) CHAIRPERSON.—The Council shall select a chair-
person from among its members.
(F) MEETINGS.—The Council shall meet not less than
twice each year.
(G) APPLICATION.—Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Coun-
cil.
(5) TECHNICAL ASSISTANCE.—The Secretary, acting through
the unit established under paragraph (1), is authorized to pro-
vide technical assistance to entities described in subsection
(c) that receive assistance under subsection (c) to enable such
entities to improve the activities authorized under this section
that are provided by such entities.
(6) AGREEMENT
FOR
CERTAIN
FEDERALLY
RECOGNIZED
INDIAN TRIBES TO TRANSFER FUNDS TO THE PROGRAM.—A feder-
ally recognized Indian tribe that administers funds provided
under this section and funds provided by more than one State
under other sections of this title may enter into an agreement
with the Secretary and the Governors of the affected States
to transfer the funds provided by the States to the program
administered by the tribe under this section.
(i) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED
REQUIREMENT.—Grants, contracts, and cooperative agreements
entered into under this section shall be subject to the requirements
of chapter 75 of subtitle V of title 31, United States Code (enacted
H. R. 1385—90
by the Single Audit Act of 1984) and charging of costs under
this section shall be subject to appropriate circulars issued by
the Office of Management and Budget.
( j) ASSISTANCE TO AMERICAN SAMOANS IN HAWAII.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary is authorized to provide assistance to Amer-
ican Samoans who reside in Hawaii for the co-location of feder-
ally funded and State-funded workforce investment activities.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for fiscal year 1999 such sums as
may be necessary to carry out this subsection.
SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
(a) IN GENERAL.—Every 2 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts with,
eligible entities to carry out the activities described in subsection
(d).
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant or
enter into a contract under this section, an entity shall have an
understanding of the problems of eligible migrant and seasonal
farmworkers (including dependents), a familiarity with the area
to be served, and the ability to demonstrate a capacity to administer
effectively a diversified program of workforce investment activities
(including youth activities) and related assistance for eligible
migrant and seasonal farmworkers.
(c) PROGRAM PLAN.—
(1) IN GENERAL.—To be eligible to receive a grant or enter
into a contract under this section, an entity described in sub-
section (b) shall submit to the Secretary a plan that describes
a 2-year strategy for meeting the needs of eligible migrant
and seasonal farmworkers in the area to be served by such
entity.
(2) CONTENTS.—Such plan shall—
(A) identify the education and employment needs of
the population to be served and the manner in which
the services to be provided will strengthen the ability of
the eligible migrant and seasonal farmworkers and depend-
ents to obtain or retain unsubsidized employment or sta-
bilize their unsubsidized employment;
(B) describe the related assistance and supportive serv-
ices to be provided and the manner in which such assist-
ance and services are to be integrated and coordinated
with other appropriate services; and
(C) describe the indicators of performance to be used
to assess the performance of such entity in carrying out
the activities assisted under this section.
(3) ADMINISTRATION.—Grants and contracts awarded under
this section shall be centrally administered by the Department
of Labor and competitively awarded by the Secretary using
procedures consistent with standard Federal Government
competitive procurement policies.
(4) COMPETITION.—
(A) IN
GENERAL.—The competition for grants made
and contracts entered into under this section shall be con-
ducted every 2 years.
H. R. 1385—91
(B) EXCEPTION.—Notwithstanding subparagraph (A), if
a recipient of such a grant or contract has performed satis-
factorily under the terms of the grant agreement or con-
tract, the Secretary may waive the requirement for such
competition for such recipient upon receipt from the recipi-
ent of a satisfactory 2-year plan described in paragraph
(1) for the succeeding 2-year grant or contract period. The
Secretary may exercise the waiver authority of the preced-
ing sentence not more than once during any 4-year period
with respect to any single recipient.
(d) AUTHORIZED ACTIVITIES.—Funds made available under this
section shall be used to carry out workforce investment activities
(including youth activities) and provide related assistance for
eligible migrant and seasonal farmworkers, which may include
employment, training, educational assistance, literacy assistance,
an English language program, worker safety training, housing,
supportive services, dropout prevention activities, followup services
for those individuals placed in employment, self-employment and
related business enterprise development education as needed by
eligible migrant and seasonal farmworkers and identified pursuant
to the plan required by subsection (c), and technical assistance
relating to capacity enhancement in such areas as management
information technology.
(e) CONSULTATION WITH GOVERNORS AND LOCAL BOARDS.—In
making grants and entering into contracts under this section, the
Secretary shall consult with the Governors and local boards of
the States in which the eligible entities will carry out the activities
described in subsection (d).
(f ) REGULATIONS.—The Secretary shall consult with eligible
migrant and seasonal farmworkers groups and States in establish-
ing regulations to carry out this section, including performance
measures for eligible entities that take into account the economic
circumstances and demographics of eligible migrant and seasonal
farmworkers.
(g) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED
REQUIREMENT.—Grants and contracts entered into under this sec-
tion shall be subject to the requirements of chapter 75 of subtitle
V of title 31, United States Code (enacted by the Single Audit
Act of 1984) and charging of costs under this section shall be
subject to appropriate circulars issued by the Office of Management
and Budget.
(h) DEFINITIONS.—In this section:
(1) DISADVANTAGED.—The term ‘‘disadvantaged’’, used with
respect to a farmworker, means a farmworker whose income,
for 12 consecutive months out of the 24 months prior to applica-
tion for the program involved, does not exceed the higher of—
(A) the poverty line (as defined in section 334(a)(2)(B))
for an equivalent period; or
(B) 70 percent of the lower living standard income
level, for an equivalent period.
(2) ELIGIBLE MIGRANT AND SEASONAL FARMWORKERS.—The
term ‘‘eligible migrant and seasonal farmworkers’’ means
individuals who are eligible migrant farmworkers or are eligible
seasonal farmworkers.
(3) ELIGIBLE MIGRANT FARMWORKER.—The term ‘‘eligible
migrant farmworker’’ means—
H. R. 1385—92
(A) an eligible seasonal farmworker described in para-
graph (4)(A) whose agricultural labor requires travel to
a job site such that the farmworker is unable to return
to a permanent place of residence within the same day;
and
(B) a dependent of the farmworker described in
subparagraph (A).
(4) ELIGIBLE SEASONAL FARMWORKER.—The term ‘‘eligible
seasonal farmworker’’ means—
(A) a disadvantaged person who, for 12 consecutive
months out of the 24 months prior to application for the
program involved, has been primarily employed in agricul-
tural labor that is characterized by chronic unemployment
or underemployment; and
(B) a dependent of the person described in subpara-
graph (A).
SEC. 168. VETERANS’ WORKFORCE INVESTMENT PROGRAMS.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary shall conduct, directly or
through grants or contracts, programs to meet the needs for
workforce investment activities of veterans with service-con-
nected disabilities, veterans who have significant barriers to
employment, veterans who served on active duty in the armed
forces during a war or in a campaign or expedition for which
a campaign badge has been authorized, and recently separated
veterans.
(2) CONDUCT
OF
PROGRAMS.—Programs supported under
this section may be conducted through grants and contracts
with public agencies and private nonprofit organizations,
including recipients of Federal assistance under other provi-
sions of this title, that the Secretary determines have an under-
standing of the unemployment problems of veterans described
in paragraph (1), familiarity with the area to be served, and
the capability to administer effectively a program of workforce
investment activities for such veterans.
(3) REQUIRED ACTIVITIES.—Programs supported under this
section shall include—
(A) activities to enhance services provided to veterans
by other providers of workforce investment activities funded
by Federal, State, or local government;
(B) activities to provide workforce investment activities
to such veterans that are not adequately provided by other
public providers of workforce investment activities; and
(C) outreach and public information activities to
develop and promote maximum job and job training
opportunities for such veterans and to inform such veterans
about employment, job training, on-the-job training and
educational opportunities under this title, under title 38,
United States Code, and under other provisions of law,
which activities shall be coordinated with activities pro-
vided through the one-stop centers described in section
134(c).
(b) ADMINISTRATION OF PROGRAMS.—
(1) IN GENERAL.—The Secretary shall administer programs
supported under this section through the Assistant Secretary
for Veterans’ Employment and Training.
H. R. 1385—93
(2) ADDITIONAL RESPONSIBILITIES.—In carrying out respon-
sibilities under this section, the Assistant Secretary for Veter-
ans’ Employment and Training shall—
(A) be responsible for the awarding of grants and con-
tracts and the distribution of funds under this section
and for the establishment of appropriate fiscal controls,
accountability, and program performance measures for
recipients of grants and contracts under this section; and
(B) consult with the Secretary of Veterans Affairs and
take steps to ensure that programs supported under this
section are coordinated, to the maximum extent feasible,
with related programs and activities conducted under title
38, United States Code, including programs and activities
conducted under subchapter II of chapter 77 of such title,
chapters 30, 31, 32, and 34 of such title, and sections
1712A, 1720A, 3687, and 4103A of such title.
SEC. 169. YOUTH OPPORTUNITY GRANTS.
(a) GRANTS.—
(1) IN GENERAL.—Using funds made available under section
127(b)(1)(A), the Secretary shall make grants to eligible local
boards and eligible entities described in subsection (d) to pro-
vide activities described in subsection (b) for youth to increase
the long-term employment of youth who live in empowerment
zones, enterprise communities, and high poverty areas and
who seek assistance.
(2) DEFINITION.—In this section, the term ‘‘youth’’ means
an individual who is not less than age 14 and not more than
age 21.
(3) GRANT PERIOD.—The Secretary may make a grant under
this section for a 1-year period, and may renew the grant
for each of the 4 succeeding years.
(4) GRANT AWARDS.—In making grants under this section,
the Secretary shall ensure that grants are distributed equitably
among local boards and entities serving urban areas and local
boards and entities serving rural areas, taking into consider-
ation the poverty rate in such urban and rural areas, as
described in subsection (c)(3)(B).
(b) USE OF FUNDS.—
(1) IN GENERAL.—A local board or entity that receives a
grant under this section shall use the funds made available
through the grant to provide activities that meet the require-
ments of section 129, except as provided in paragraph (2),
as well as youth development activities such as activities relat-
ing to leadership development, citizenship, and community serv-
ice, and recreation activities.
(2) INTENSIVE
PLACEMENT
AND
FOLLOWUP
SERVICES.—In
providing activities under this section, a local board or entity
shall provide—
(A) intensive placement services; and
(B) followup services for not less than 24 months after
the completion of participation in the other activities
described in this subsection, as appropriate.
(c) ELIGIBLE LOCAL BOARDS.—To be eligible to receive a grant
under this section, a local board shall serve a community that—
H. R. 1385—94
(1) has been designated as an empowerment zone or enter-
prise community under section 1391 of the Internal Revenue
Code of 1986;
(2)(A) is a State without a zone or community described
in paragraph (1); and
(B) has been designated as a high poverty area by the
Governor of the State; or
(3) is 1 of 2 areas in a State that—
(A) have been designated by the Governor as areas
for which a local board may apply for a grant under this
section; and
(B) meet the poverty rate criteria set forth in sub-
sections (a)(4), (b), and (d) of section 1392 of the Internal
Revenue Code of 1986.
(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
this section, an entity (other than a local board) shall—
(1) be a recipient of financial assistance under section
166; and
(2) serve a community that—
(A) meets the poverty rate criteria set forth in sub-
sections (a)(4), (b), and (d) of section 1392 of the Internal
Revenue Code of 1986; and
(B) is located on an Indian reservation or serves Okla-
homa Indians or Alaska Native villages or Native groups
(as such terms are defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)).
(e) APPLICATION.—To be eligible to receive a grant under this
section, a local board or entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including—
(1) a description of the activities that the local board or
entity will provide under this section to youth in the community
described in subsection (c);
(2) a description of the performance measures negotiated
under subsection (f ), and the manner in which the local boards
or entities will carry out the activities to meet the performance
measures;
(3) a description of the manner in which the activities
will be linked to activities described in section 129; and
(4) a description of the community support, including finan-
cial support through leveraging additional public and private
resources, for the activities.
(f ) PERFORMANCE MEASURES.—
(1) IN GENERAL.—The Secretary shall negotiate and reach
agreement with the local board or entity on performance meas-
ures for the indicators of performance referred to in subpara-
graphs (A) and (B) of section 136(b)(2) that will be used to
evaluate the performance of the local board or entity in carrying
out the activities described in subsection (b). Each local
performance measure shall consist of such a indicator of
performance, and a performance level referred to in paragraph
(2).
(2) PERFORMANCE LEVELS.—The Secretary shall negotiate
and reach agreement with the local board or entity regarding
the levels of performance expected to be achieved by the local
board or entity on the indicators of performance.
(g) ROLE MODEL ACADEMY PROJECT.—
H. R. 1385—95
(1) IN GENERAL.—Using the funds made available pursuant
to section 127(b)(1)(A)(iv) for fiscal year 1999, the Secretary
shall provide assistance to an entity to carry out a project
establishing a role model academy for out-of-school youth.
(2) RESIDENTIAL CENTER.—The entity shall use the assist-
ance to establish an academy that consists of a residential
center located on the site of a military installation closed or
realigned pursuant to a law providing for closures and realign-
ments of such installations.
(3) SERVICES.—The academy established pursuant to this
subsection shall provide services that—
(A) utilize a military style model that emphasizes
leadership skills and discipline, or another model of dem-
onstrated effectiveness; and
(B) include vocational training, secondary school course
work leading to a secondary school diploma or recognized
equivalent, and the use of mentors who serve as role models
and who provide academic training and career counseling
to the youth.
SEC. 170. TECHNICAL ASSISTANCE.
(a) GENERAL TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall provide, coordinate,
and support the development of, appropriate training, technical
assistance, staff development, and other activities, including
assistance in replicating programs of demonstrated effective-
ness, to States and localities, and, in particular, to assist States
in making transitions from carrying out activities under the
provisions of law repealed under section 199 to carry out activi-
ties under this title.
(2) FORM OF ASSISTANCE.—In carrying out paragraph (1)
on behalf of a State, or recipient of financial assistance under
any of sections 166 through 169, the Secretary, after consulta-
tion with the State or grant recipient, may award grants and
enter into contracts and cooperative agreements.
(3) LIMITATION.—Grants or contracts awarded under para-
graph (1) to entities other than States or local units of govern-
ment that are for amounts in excess of $100,000 shall only
be awarded on a competitive basis.
(b) DISLOCATED WORKER TECHNICAL ASSISTANCE.—
(1) AUTHORITY.—Of the amounts available pursuant to sec-
tion 132(a)(2), the Secretary shall reserve not more than 5
percent of such amounts to provide technical assistance to
States that do not meet the State performance measures
described in section 136 with respect to employment and train-
ing activities for dislocated workers. Using such reserved funds,
the Secretary may provide such assistance to other States,
local areas, and other entities involved in providing assistance
to dislocated workers, to promote the continuous improvement
of assistance provided to dislocated workers, under this title.
(2) TRAINING.—Amounts reserved under this subsection
may be used to provide for the training of staff, including
specialists, who provide rapid response services. Such training
shall include instruction in proven methods of promoting,
establishing, and assisting labor-management committees. Such
projects shall be administered through the dislocated worker
office described in section 174(b).
H. R. 1385—96
SEC. 171. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND
MULTISTATE PROJECTS.
(a) STRATEGIC PLAN.—
(1) IN GENERAL.—After consultation with States, localities,
and other interested parties, the Secretary shall, every 2 years,
publish in the Federal Register, a plan that describes the
demonstration and pilot (including dislocated worker dem-
onstration and pilot), multiservice, research, and multistate
project priorities of the Department of Labor concerning employ-
ment and training for the 5-year period following the submis-
sion of the plan. Copies of the plan shall be transmitted to
the appropriate committees of Congress.
(2) FACTORS.—The plan published under paragraph (1)
shall contain strategies to address national employment and
training problems and take into account factors such as—
(A) the availability of existing research (as of the date
of the publication);
(B) the need to ensure results that have interstate
validity;
(C) the benefits of economies of scale and the efficiency
of proposed projects; and
(D) the likelihood that the results of the projects will
be useful to policymakers and stakeholders in addressing
employment and training problems.
(b) DEMONSTRATION AND PILOT PROJECTS.—
(1) IN GENERAL.—Under a plan published under subsection
(a), the Secretary shall, through grants or contracts, carry
out demonstration and pilot projects for the purpose of develop-
ing and implementing techniques and approaches, and dem-
onstrating the effectiveness of specialized methods, in address-
ing employment and training needs. Such projects shall include
the provision of direct services to individuals to enhance
employment opportunities and an evaluation component and
may include—
(A) the establishment of advanced manufacturing tech-
nology skill centers developed through local partnerships
of industry, labor, education, community-based organiza-
tions, and economic development organizations to meet
unmet, high-tech skill needs of local communities;
(B) projects that provide training to upgrade the skills
of employed workers who reside and are employed in enter-
prise communities or empowerment zones;
(C) programs conducted jointly with the Department
of Defense to develop training programs utilizing computer-
based and other innovative learning technologies;
(D) projects that promote the use of distance learning,
enabling students to take courses through the use of media
technology such as videos, teleconferencing computers, and
the Internet;
(E) projects that assist in providing comprehensive
services to increase the employment rates of out-of-school
youth residing in targeted high poverty areas within
empowerment zones and enterprise communities;
(F) the establishment of partnerships with national
organizations with special expertise in developing, organiz-
ing, and administering employment and training services,
H. R. 1385—97
for individuals with disabilities, at the national, State,
and local levels;
(G) projects to assist public housing authorities that
provide, to public housing residents, job training programs
that demonstrate success in upgrading the job skills and
promoting employment of the residents; and
(H) projects that assist local areas to develop and
implement local self-sufficiency standards to evaluate the
degree to which participants in programs under this title
are achieving self-sufficiency.
(2) LIMITATIONS.—
(A) 
COMPETITIVE
AWARDS.—Grants 
or 
contracts
awarded for carrying out demonstration and pilot projects
under this subsection shall be awarded only on a competi-
tive basis, except that a noncompetitive award may be
made in the case of a project that is funded jointly with
other public or private sector entities that provide a portion
of the funding for the project.
(B) ELIGIBLE ENTITIES.—Grants or contracts may be
awarded under this subsection only to—
(i) entities with recognized expertise in—
(I) conducting national demonstration projects;
(II) utilizing state-of-the-art demonstration
methods; or
(III) conducting evaluations of workforce
investment projects; or
(ii) State and local entities with expertise in
operating or overseeing workforce investment pro-
grams.
(C) TIME LIMITS.—The Secretary shall establish appro-
priate time limits for carrying out demonstration and pilot
projects under this subsection.
(c) 
MULTISERVICE
PROJECTS, 
RESEARCH
PROJECTS, 
AND
MULTISTATE PROJECTS.—
(1) MULTISERVICE
PROJECTS.—Under a plan published
under subsection (a), the Secretary shall, through grants or
contracts, carry out multiservice projects—
(A) that will test an array of approaches to the provi-
sion of employment and training services to a variety of
targeted populations;
(B) in which the entity carrying out the project, in
conjunction with employers, organized labor, and other
groups such as the disability community, will design,
develop, and test various training approaches in order to
determine effective practices; and
(C) that will assist in the development and replication
of effective service delivery strategies for targeted popu-
lations for the national employment and training system
as a whole.
(2) RESEARCH PROJECTS.—
(A) IN GENERAL.—Under a plan published under sub-
section (a), the Secretary shall, through grants or contracts,
carry out research projects that will contribute to the solu-
tion of employment and training problems in the United
States.
(B) FORMULA IMPROVEMENT STUDY AND REPORT.—
H. R. 1385—98
(i) STUDY.—The Secretary shall conduct a 2-year
study concerning improvements in the formulas
described in section 132(b)(1)(B) and paragraphs (2)(A)
and (3) of section 133(b) (regarding distributing funds
under subtitle B to States and local areas for adult
employment and training activities). In conducting the
study, the Secretary shall examine means of improving
the formulas by—
(I) developing formulas based on statistically
reliable data;
(II) developing formulas that are consistent
with the goals and objectives of this title; and
(III) developing formulas based on organiza-
tional and financial stability of State boards and
local boards.
(ii) REPORT.—The Secretary shall prepare and
submit to Congress a report containing the results
of the study, including recommendations for improved
formulas.
(3) MULTISTATE PROJECTS.—
(A) IN GENERAL.—
(i) AUTHORITY.—Under a plan published under
subsection (a), the Secretary may, through grants or
contracts, carry out multistate projects that require
demonstrated expertise that is available at the national
level to effectively disseminate best practices and mod-
els for implementing employment and training serv-
ices, address the specialized employment and training
needs of particular service populations, or address
industry-wide skill shortages.
(ii) DESIGN
OF
GRANTS.—Grants or contracts
awarded under this subsection shall be designed to
obtain information relating to the provision of services
under different economic conditions or to various demo-
graphic groups in order to provide guidance at the
national and State levels about how best to administer
specific employment and training services.
(4) LIMITATIONS.—
(A) 
COMPETITIVE
AWARDS.—Grants 
or 
contracts
awarded for carrying out projects under this subsection
in amounts that exceed $100,000 shall be awarded only
on a competitive basis, except that a noncompetitive award
may be made in the case of a project that is funded jointly
with other public or private sector entities that provide
a substantial portion of assistance under the grant or con-
tract for the project.
(B) TIME
LIMITS.—A grant or contract shall not be
awarded under this subsection to the same organization
for more than 3 consecutive years unless such grant or
contract is competitively reevaluated within such period.
(C) PEER REVIEW.—
(i) IN GENERAL.—The Secretary shall utilize a peer
review process—
(I) to review and evaluate all applications for
grants in amounts that exceed $500,000 that are
submitted under this section; and
H. R. 1385—99
(II) to review and designate exemplary and
promising programs under this section.
(ii) AVAILABILITY
OF
FUNDS.—The Secretary is
authorized to use funds provided under this section
to carry out peer review activities under this subpara-
graph.
(D) PRIORITY.—In awarding grants or contracts under
this subsection, priority shall be provided to entities with
nationally recognized expertise in the methods, techniques,
and knowledge of workforce investment activities and shall
include appropriate time limits, established by the Sec-
retary, for the duration of such projects.
(d) DISLOCATED WORKER PROJECTS.—Of the amount made
available pursuant to section 132(a)(2)(A) for any program year,
the Secretary shall use not more than 10 percent of such amount
to carry out demonstration and pilot projects, multiservice projects,
and multistate projects, relating to the employment and training
needs of dislocated workers. Of the requirements of this section,
such projects shall be subject only to the provisions relating to
review and evaluation of applications under subsection (c)(4)(C).
Such projects may include demonstration and pilot projects relating
to promoting self-employment, promoting job creation, averting dis-
locations, assisting dislocated farmers, assisting dislocated fisher-
men, and promoting public works. Such projects shall be adminis-
tered through the dislocated worker office described in section
173(b).
SEC. 172. EVALUATIONS.
(a) PROGRAMS
AND ACTIVITIES CARRIED OUT UNDER THIS
TITLE.—For the purpose of improving the management and
effectiveness of programs and activities carried out under this title,
the Secretary shall provide for the continuing evaluation of the
programs and activities, including those programs and activities
carried out under section 171. Such evaluations shall address—
(1) the general effectiveness of such programs and activities
in relation to their cost, including the extent to which the
programs and activities—
(A) improve the employment competencies of partici-
pants in comparison to comparably-situated individuals
who did not participate in such programs and activities;
and
(B) to the extent feasible, increase the level of total
employment over the level that would have existed in the
absence of such programs and activities;
(2) the effectiveness of the performance measures relating
to such programs and activities;
(3) the effectiveness of the structure and mechanisms for
delivery of services through such programs and activities;
(4) the impact of the programs and activities on the commu-
nity and participants involved;
(5) the impact of such programs and activities on related
programs and activities;
(6) the extent to which such programs and activities meet
the needs of various demographic groups; and
(7) such other factors as may be appropriate.
H. R. 1385—100
(b) OTHER PROGRAMS AND ACTIVITIES.—The Secretary may con-
duct evaluations of other federally funded employment-related pro-
grams and activities under other provisions of law.
(c) TECHNIQUES.—Evaluations conducted under this section
shall utilize appropriate methodology and research designs, includ-
ing the use of control groups chosen by scientific random assignment
methodologies. The Secretary shall conduct as least 1 multisite
control group evaluation under this section by the end of fiscal
year 2005.
(d) REPORTS.—The entity carrying out an evaluation described
in subsection (a) or (b) shall prepare and submit to the Secretary
a draft report and a final report containing the results of the
evaluation.
(e) REPORTS TO CONGRESS.—Not later than 30 days after the
completion of such a draft report, the Secretary shall transmit
the draft report to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Labor and
Human Resources of the Senate. Not later than 60 days after
the completion of such a final report, the Secretary shall transmit
the final report to such committees of the Congress.
(f ) COORDINATION.—The Secretary shall ensure the coordina-
tion of evaluations carried out by States pursuant to section 136(e)
with the evaluations carried out under this section.
SEC. 173. NATIONAL EMERGENCY GRANTS.
(a) IN GENERAL.—The Secretary is authorized to award national
emergency grants in a timely manner—
(1) to an entity described in subsection (c) to provide
employment and training assistance to workers affected by
major economic dislocations, such as plant closures, mass lay-
offs, or closures and realignments of military installations;
(2) to provide assistance to the Governor of any State
within the boundaries of which is an area that has suffered
an emergency or a major disaster as defined in paragraphs
(1) and (2), respectively, of section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122
(1) and (2)) (referred to in this section as the ‘‘disaster area’’)
to provide disaster relief employment in the area; and
(3) to provide additional assistance to a State or local
board for eligible dislocated workers in a case in which the
State or local board has expended the funds provided under
this section to carry out activities described in paragraphs
(1) and (2) and can demonstrate the need for additional funds
to provide appropriate services for such workers, in accordance
with requirements prescribed by the Secretary.
(b) ADMINISTRATION.—The Secretary shall designate a dis-
located worker office to coordinate the functions of the Secretary
under this title relating to employment and training activities for
dislocated workers, including activities carried out under the
national emergency grants.
(c) EMPLOYMENT AND TRAINING ASSISTANCE REQUIREMENTS.—
(1) GRANT RECIPIENT ELIGIBILITY.—
(A) APPLICATION.—To be eligible to receive a grant
under subsection (a)(1), an entity shall submit an applica-
tion to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
H. R. 1385—101
(B) ELIGIBLE
ENTITY.—In this paragraph, the term
‘‘entity’’ means a State, a local board, an entity described
in section 166(c), entities determined to be eligible by the
Governor of the State involved, and other entities that
demonstrate to the Secretary the capability to effectively
respond to the circumstances relating to particular disloca-
tions.
(2) PARTICIPANT ELIGIBILITY.—
(A) IN
GENERAL.—In order to be eligible to receive
employment and training assistance under a national emer-
gency grant awarded pursuant to subsection (a)(1), an
individual shall be—
(i) a dislocated worker;
(ii) a civilian employee of the Department of
Defense or the Department of Energy employed at
a military installation that is being closed, or that
will undergo realignment, within the next 24 months
after the date of the determination of eligibility;
(iii) an individual who is employed in a nonmana-
gerial position with a Department of Defense contrac-
tor, who is determined by the Secretary of Defense
to be at-risk of termination from employment as a
result of reductions in defense expenditures, and whose
employer is converting operations from defense to non-
defense applications in order to prevent worker layoffs;
or
(iv) a member of the Armed Forces who—
(I) was on active duty or full-time National
Guard duty;
(II)(aa) is involuntarily separated (as defined
in section 1141 of title 10, United States Code)
from active duty or full-time National Guard duty;
or
(bb) is separated from active duty or full-time
National Guard duty pursuant to a special separa-
tion benefits program under section 1174a of title
10, United States Code, or the voluntary separa-
tion incentive program under section 1175 of that
title;
(III) is not entitled to retired or retained pay
incident to the separation described in subclause
(II); and
(IV) applies for such employment and training
assistance before the end of the 180-day period
beginning on the date of that separation.
(B) 
RETRAINING
ASSISTANCE.—The 
individuals
described in subparagraph (A)(iii) shall be eligible for
retraining assistance to upgrade skills by obtaining market-
able skills needed to support the conversion described in
subparagraph (A)(iii).
(C) ADDITIONAL REQUIREMENTS.—The Secretary shall
establish and publish additional requirements related to
eligibility for employment and training assistance under
the national emergency grants to ensure effective use of
the funds available for this purpose.
(D) DEFINITIONS.—In this paragraph, the terms ‘‘mili-
tary institution’’ and ‘‘realignment’’ have the meanings
H. R. 1385—102
given the terms in section 2910 of the Defense Base Closure
and Realignment Act of 1990 (Public Law 101–510; 10
U.S.C. 2687 note).
(d) DISASTER
RELIEF
EMPLOYMENT
ASSISTANCE
REQUIRE-
MENTS.—
(1) IN GENERAL.—Funds made available under subsection
(a)(2)—
(A) shall be used to provide disaster relief employment
on projects that provide food, clothing, shelter, and other
humanitarian assistance for disaster victims, and projects
regarding demolition, cleaning, repair, renovation, and
reconstruction of damaged and destroyed structures, facili-
ties, and lands located within the disaster area;
(B) may be expended through public and private agen-
cies and organizations engaged in such projects; and
(C) may be expended to provide employment and train-
ing activities.
(2) ELIGIBILITY.—An individual shall be eligible to be
offered disaster relief employment under subsection (a)(2) if
such individual is a dislocated worker, is a long-term
unemployed individual, or is temporarily or permanently laid
off as a consequence of the disaster.
(3) LIMITATIONS
ON
DISASTER
RELIEF
EMPLOYMENT.—No
individual shall be employed under subsection (a)(2) for more
than 6 months for work related to recovery from a single
natural disaster.
SEC. 174. AUTHORIZATION OF APPROPRIATIONS.
(a) NATIVE AMERICAN PROGRAMS; MIGRANT
AND SEASONAL
FARMWORKER
PROGRAMS; VETERANS’ WORKFORCE
INVESTMENT
PROGRAMS.—
(1) IN
GENERAL.—Subject to paragraph (2), there are
authorized to be appropriated to carry out sections 166 through
168 such sums as may be necessary for each of the fiscal
years 1999 through 2003.
(2) RESERVATIONS.—Of the amount appropriated pursuant
to the authorization of appropriations under paragraph (1) for
a fiscal year, the Secretary shall—
(A) reserve not less than $55,000,000 for carrying out
section 166;
(B) reserve not less than $70,000,000 for carrying out
section 167; and
(C) reserve not less than $7,300,000 for carrying out
section 168.
(b) 
TECHNICAL
ASSISTANCE; 
DEMONSTRATION
AND
PILOT
PROJECTS; EVALUATIONS; INCENTIVE GRANTS.—
(1) IN
GENERAL.—Subject to paragraph (2), there are
authorized to be appropriated to carry out sections 170 through
172 and section 503 such sums as may be necessary for each
of the fiscal years 1999 through 2003.
(2) RESERVATIONS.—Of the amount appropriated pursuant
to the authorization of appropriations under paragraph (1) for
a fiscal year, the Secretary shall—
(A)(i) for fiscal year 1999, reserve up to 40 percent
for carrying out section 170 (other than subsection (b)
of such section);
H. R. 1385—103
(ii) for fiscal year 2000, reserve up to 25 percent for
carrying out section 170 (other than subsection (b) of such
section); and
(iii) for each of the fiscal years 2001 through 2003,
reserve up to 20 percent for carrying out section 170 (other
than subsection (b) of such section);
(B)(i) for fiscal year 1999, reserve not less than 50
percent for carrying out section 171; and
(ii) for each of the fiscal years 2000 through 2003,
reserve not less than 45 percent for carrying out section
171;
(C)(i) for fiscal year 1999, reserve not less than 10
percent for carrying out section 172; and
(ii) for each of the fiscal years 2000 through 2003,
reserve not less than 10 percent for carrying out section
172; and
(D)(i) for fiscal year 1999, reserve no funds for carrying
out section 503;
(ii) for fiscal year 2000, reserve up to 20 percent for
carrying out section 503; and
(iii) for each of the fiscal years 2001 through 2003,
reserve up to 25 percent for carrying out section 503.
Subtitle E—Administration
SEC. 181. REQUIREMENTS AND RESTRICTIONS.
(a) BENEFITS.—
(1) WAGES.—
(A) IN GENERAL.—Individuals in on-the-job training or
individuals employed in activities under this title shall
be compensated at the same rates, including periodic
increases, as trainees or employees who are similarly situ-
ated in similar occupations by the same employer and
who have similar training, experience, and skills, and such
rates shall be in accordance with applicable law, but in
no event less than the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) or the applicable State or local mini-
mum wage law.
(B) 
RULE
OF
CONSTRUCTION.—The 
reference 
in
subparagraph (A) to section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1))—
(i) shall be deemed to be a reference to section
6(a)(3) of that Act for individuals in American Samoa;
and
(ii) shall not be applicable for individuals in other
territorial jurisdictions in which section 6 of the Fair
Labor Standards Act of 1938 does not apply.
(2) TREATMENT
OF
ALLOWANCES, EARNINGS, AND
PAY-
MENTS.—Allowances, earnings, and payments to individuals
participating in programs under this title shall not be consid-
ered as income for the purposes of determining eligibility for
and the amount of income transfer and in-kind aid furnished
under any Federal or federally assisted program based on need,
other than as provided under the Social Security Act (42 U.S.C.
301 et seq.).
H. R. 1385—104
(b) LABOR STANDARDS.—
(1) LIMITATIONS
ON
ACTIVITIES
THAT
IMPACT
WAGES
OF
EMPLOYEES.—No funds provided under this title shall be used
to pay the wages of incumbent employees during their participa-
tion in economic development activities provided through a
statewide workforce investment system.
(2) DISPLACEMENT.—
(A) PROHIBITION.—A participant in a program or activ-
ity authorized under this title (referred to in this section
as a ‘‘specified activity’’) shall not displace (including a
partial displacement, such as a reduction in the hours
of nonovertime work, wages, or employment benefits) any
currently employed employee (as of the date of the partici-
pation).
(B) PROHIBITION
ON
IMPAIRMENT
OF
CONTRACTS.—A
specified activity shall not impair an existing contract for
services or collective bargaining agreement, and no such
activity that would be inconsistent with the terms of a
collective bargaining agreement shall be undertaken with-
out the written concurrence of the labor organization and
employer concerned.
(3) OTHER
PROHIBITIONS.—A participant in a specified
activity shall not be employed in a job if—
(A) any other individual is on layoff from the same
or any substantially equivalent job;
(B) the employer has terminated the employment of
any regular employee or otherwise reduced the workforce
of the employer with the intention of filling the vacancy
so created with the participant; or
(C) the job is created in a promotional line that will
infringe in any way upon the promotional opportunities
of currently employed individuals (as of the date of the
participation).
(4) HEALTH
AND
SAFETY.—Health and safety standards
established under Federal and State law otherwise applicable
to working conditions of employees shall be equally applicable
to working conditions of participants engaged in specified activi-
ties. To the extent that a State workers’ compensation law
applies, workers’ compensation shall be provided to participants
on the same basis as the compensation is provided to other
individuals in the State in similar employment.
(5) EMPLOYMENT
CONDITIONS.—Individuals in on-the-job
training or individuals employed in programs and activities
under this title, shall be provided benefits and working condi-
tions at the same level and to the same extent as other trainees
or employees working a similar length of time and doing the
same type of work.
(6) OPPORTUNITY TO SUBMIT COMMENTS.—Interested mem-
bers of the public, including representatives of businesses and
of labor organizations, shall be provided an opportunity to
submit comments to the Secretary with respect to programs
and activities proposed to be funded under subtitle B.
(7) NO IMPACT ON UNION ORGANIZING.—Each recipient of
funds under this title shall provide to the Secretary assurances
that none of such funds will be used to assist, promote, or
deter union organizing.
(c) GRIEVANCE PROCEDURE.—
H. R. 1385—105
(1) IN GENERAL.—Each State and local area receiving an
allotment under this title shall establish and maintain a proce-
dure for grievances or complaints alleging violations of the
requirements of this title from participants and other interested
or affected parties. Such procedure shall include an opportunity
for a hearing and be completed within 60 days after the filing
of the grievance or complaint.
(2) INVESTIGATION.—
(A) IN GENERAL.—The Secretary shall investigate an
allegation of a violation described in paragraph (1) if—
(i) a decision relating to such violation has not
been reached within 60 days after the date of the
filing of the grievance or complaint and either party
appeals to the Secretary; or
(ii) a decision relating to such violation has been
reached within such 60 days and the party to which
such decision is adverse appeals such decision to the
Secretary.
(B) ADDITIONAL
REQUIREMENT.—The Secretary shall
make a final determination relating to an appeal made
under subparagraph (A) no later than 120 days after receiv-
ing such appeal.
(3) REMEDIES.—Remedies that may be imposed under this
section for a violation of any requirement of this title shall
be limited—
(A) to suspension or termination of payments under
this title;
(B) to prohibition of placement of a participant with
an employer that has violated any requirement under this
title;
(C) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment
of other relevant terms, conditions, and privileges of
employment; and
(D) where appropriate, to other equitable relief.
(4) RULE
OF
CONSTRUCTION.—Nothing in paragraph (3)
shall be construed to prohibit a grievant or complainant from
pursuing a remedy authorized under another Federal, State,
or local law for a violation of this title.
(d) RELOCATION.—
(1) PROHIBITION
ON
USE
OF
FUNDS
TO
ENCOURAGE
OR
INDUCE RELOCATION.—No funds provided under this title shall
be used, or proposed for use, to encourage or induce the reloca-
tion of a business or part of a business if such relocation
would result in a loss of employment for any employee of
such business at the original location and such original location
is within the United States.
(2) PROHIBITION ON USE OF FUNDS FOR CUSTOMIZED OR
SKILL TRAINING AND RELATED ACTIVITIES AFTER RELOCATION.—
No funds provided under this title for an employment and
training activity shall be used for customized or skill training,
on-the-job training, or company-specific assessments of job
applicants or employees, for any business or part of a business
that has relocated, until the date that is 120 days after the
date on which such business commences operations at the
new location, if the relocation of such business or part of a
business results in a loss of employment for any employee
H. R. 1385—106
of such business at the original location and such original
location is within the United States.
(3) REPAYMENT.—If the Secretary determines that a viola-
tion of paragraph (1) or (2) has occurred, the Secretary shall
require the State that has violated such paragraph to repay
to the United States an amount equal to the amount expended
in violation of such paragraph.
(e) LIMITATION ON USE OF FUNDS.—No funds available under
this title shall be used for employment generating activities, eco-
nomic development activities, investment in revolving loan funds,
capitalization of businesses, investment in contract bidding resource
centers, and similar activities that are not directly related to train-
ing for eligible individuals under this title. No funds available
under subtitle B shall be used for foreign travel.
(f ) TESTING AND SANCTIONING FOR USE OF CONTROLLED SUB-
STANCES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, a State shall not be prohibited by the Federal Government
from—
(A) testing participants in programs under subtitle B
for the use of controlled substances; and
(B) sanctioning such participants who test positive for
the use of such controlled substances.
(2) ADDITIONAL REQUIREMENTS.—
(A) PERIOD OF SANCTION.—In sanctioning participants
in programs under subtitle B who test positive for the
use of controlled substances—
(i) with respect to the first occurrence for which
a participant tests positive, a State may exclude the
participant from the program for a period not to exceed
6 months; and
(ii) with respect to the second occurrence and each
subsequent occurrence for which a participant tests
positive, a State may exclude the participant from
the program for a period not to exceed 2 years.
(B) APPEAL.—The testing of participants and the
imposition of sanctions under this subsection shall be sub-
ject to expeditious appeal in accordance with due process
procedures established by the State.
(C) PRIVACY.—A State shall establish procedures for
testing participants for the use of controlled substances
that ensure a maximum degree of privacy for the partici-
pants.
(4) FUNDING REQUIREMENT.—In testing and sanctioning of
participants for the use of controlled substances in accordance
with this subsection, the only Federal funds that a State may
use are the amounts made available for the administration
of statewide workforce investment activities under section
134(a)(3)(B).
SEC. 182. PROMPT ALLOCATION OF FUNDS.
(a) ALLOTMENTS BASED ON LATEST AVAILABLE DATA.—All allot-
ments to States and grants to outlying areas under this title shall
be based on the latest available data and estimates satisfactory
to the Secretary. All data relating to disadvantaged adults and
disadvantaged youth shall be based on the most recent satisfactory
data from the Bureau of the Census.
H. R. 1385—107
(b) PUBLICATION IN FEDERAL REGISTER RELATING TO FORMULA
FUNDS.—Whenever the Secretary allots funds required to be allotted
under this title, the Secretary shall publish in a timely fashion
in the Federal Register the proposed amount to be distributed
to each recipient of the funds.
(c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FORMULA.—All
funds required to be allotted under section 127 or 132 shall be
allotted within 45 days after the date of enactment of the Act
appropriating the funds, except that, if such funds are appropriated
in advance as authorized by section 189(g), such funds shall be
allotted or allocated not later than the March 31 preceding the
program year for which such funds are to be available for obligation.
(d) PUBLICATION IN FEDERAL REGISTER RELATING TO DISCRE-
TIONARY FUNDS.—Whenever the Secretary utilizes a formula to
allot or allocate funds made available for distribution at the Sec-
retary’s discretion under this title, the Secretary shall, not later
than 30 days prior to such allotment or allocation, publish such
formula in the Federal Register for comments along with the ration-
ale for the formula and the proposed amounts to be distributed
to each State and local area. After consideration of any comments
received, the Secretary shall publish final allotments and allocations
in the Federal Register.
(e) AVAILABILITY OF FUNDS.—Funds shall be made available
under sections 128 and 133 for a local area not later than 30
days after the date the funds are made available to the Governor
involved, under section 127 or 132 (as the case may be), or 7
days after the date the local plan for the area is approved, whichever
is later.
SEC. 183. MONITORING.
(a) IN GENERAL.—The Secretary is authorized to monitor all
recipients of financial assistance under this title to determine
whether the recipients are complying with the provisions of this
title, including the regulations issued under this title.
(b) INVESTIGATIONS.—The Secretary may investigate any matter
the Secretary determines to be necessary to determine the compli-
ance of the recipients with this title, including the regulations
issued under this title. The investigations authorized by this sub-
section may include examining records (including making certified
copies of the records), questioning employees, and entering any
premises or onto any site in which any part of a program or
activity of such a recipient is conducted or in which any of the
records of the recipient are kept.
(c) ADDITIONAL REQUIREMENT.—For the purpose of any inves-
tigation or hearing conducted under this title by the Secretary,
the provisions of section 9 of the Federal Trade Commission Act
(15 U.S.C. 49) (relating to the attendance of witnesses and the
production of documents) apply to the Secretary, in the same man-
ner and to the same extent as the provisions apply to the Federal
Trade Commission.
SEC. 184. FISCAL CONTROLS; SANCTIONS.
(a) ESTABLISHMENT OF FISCAL CONTROLS BY STATES.—
(1) IN GENERAL.—Each State shall establish such fiscal
control and fund accounting procedures as may be necessary
to assure the proper disbursal of, and accounting for, Federal
funds allocated to local areas under subtitle B. Such procedures
shall ensure that all financial transactions carried out under
H. R. 1385—108
subtitle B are conducted and records maintained in accordance
with generally accepted accounting principles applicable in each
State.
(2) COST PRINCIPLES.—
(A) IN GENERAL.—Each State (including the Governor
of the State), local area (including the chief elected official
for the area), and provider receiving funds under this title
shall comply with the applicable uniform cost principles
included in the appropriate circulars of the Office of
Management and Budget for the type of entity receiving
the funds.
(B) EXCEPTION.—The funds made available to a State
for administration of statewide workforce investment activi-
ties in accordance with section 134(a)(3)(B) shall be alloca-
ble to the overall administration of workforce investment
activities, but need not be specifically allocable to—
(i) the administration of adult employment and
training activities;
(ii) the administration of dislocated worker employ-
ment and training activities; or
(iii) the administration of youth activities.
(3) UNIFORM ADMINISTRATIVE REQUIREMENTS.—
(A) IN GENERAL.—Each State (including the Governor
of the State), local area (including the chief elected official
for the area), and provider receiving funds under this title
shall comply with the appropriate uniform administrative
requirements for grants and agreements applicable for the
type of entity receiving the funds, as promulgated in circu-
lars or rules of the Office of Management and Budget.
(B) ADDITIONAL
REQUIREMENT.—Procurement trans-
actions under this title between local boards and units
of State or local governments shall be conducted only on
a cost-reimbursable basis.
(4) MONITORING.—Each Governor of a State shall conduct
on an annual basis onsite monitoring of each local area within
the State to ensure compliance with the uniform administrative
requirements referred to in paragraph (3).
(5) ACTION BY GOVERNOR.—If the Governor determines that
a local area is not in compliance with the uniform administra-
tive requirements referred to in paragraph (3), the Governor
shall—
(A) require corrective action to secure prompt compli-
ance; and
(B) impose the sanctions provided under subsection
(b) in the event of failure to take the required corrective
action.
(6) CERTIFICATION.—The Governor shall, every 2 years,
certify to the Secretary that—
(A) the State has implemented the uniform administra-
tive requirements referred to in paragraph (3);
(B) the State has monitored local areas to ensure
compliance with the uniform administrative requirements
as required under paragraph (4); and
(C) the State has taken appropriate action to secure
compliance pursuant to paragraph (5).
H. R. 1385—109
(7) ACTION BY THE SECRETARY.—If the Secretary determines
that the Governor has not fulfilled the requirements of this
subsection, the Secretary shall—
(A) require corrective action to secure prompt compli-
ance; and
(B) impose the sanctions provided under subsection
(e) in the event of failure of the Governor to take the
required appropriate action to secure compliance.
(b) SUBSTANTIAL VIOLATION.—
(1) ACTION BY GOVERNOR.—If, as a result of financial and
compliance audits or otherwise, the Governor determines that
there is a substantial violation of a specific provision of this
title, and corrective action has not been taken, the Governor
shall—
(A) issue a notice of intent to revoke approval of all
or part of the local plan affected; or
(B) impose a reorganization plan, which may include—
(i) decertifying the local board involved;
(ii) prohibiting the use of eligible providers;
(iii) selecting an alternative entity to administer
the program for the local area involved;
(iv) merging the local area into one or more other
local areas; or
(v) making other such changes as the Secretary
or Governor determines necessary to secure compli-
ance.
(2) APPEAL.—
(A) IN GENERAL.—The actions taken by the Governor
pursuant to subparagraphs (A) and (B) of paragraph (1)
may be appealed to the Secretary and shall not become
effective until—
(i) the time for appeal has expired; or
(ii) the Secretary has issued a decision.
(B) ADDITIONAL
REQUIREMENT.—The Secretary shall
make a final decision under subparagraph (A) not later
than 45 days after the receipt of the appeal.
(3) ACTION BY THE SECRETARY.—If the Governor fails to
promptly take the actions required under paragraph (1), the
Secretary shall take such actions.
(c) REPAYMENT OF CERTAIN AMOUNTS TO THE UNITED STATES.—
(1) IN GENERAL.—Every recipient of funds under this title
shall repay to the United States amounts found not to have
been expended in accordance with this title.
(2) OFFSET OF REPAYMENT.—If the Secretary determines
that a State has expended funds made available under this
title in a manner contrary to the requirements of this title,
the Secretary may offset repayment of such expenditures
against any other amount to which the State is or may be
entitled, except as provided under subsection (d)(1).
(3) REPAYMENT FROM DEDUCTION BY STATE.—If the Sec-
retary requires a State to repay funds as a result of a deter-
mination that a local area of the State has expended funds
contrary to the requirements of this title, the Governor of
the State may use an amount deducted under paragraph (4)
to repay the funds, except as provided under subsection (e)(1).
(4) DEDUCTION BY STATE.—The Governor may deduct an
amount equal to the misexpenditure described in paragraph
H. R. 1385—110
(3) from subsequent program year allocations to the local area
from funds reserved for the administrative costs of the local
programs involved, as appropriate.
(5) LIMITATIONS.—A deduction made by a State as described
in paragraph (4) shall not be made until such time as the
Governor has taken appropriate corrective action to ensure
full compliance within such local area with regard to appro-
priate expenditures of funds under this title.
(d) REPAYMENT OF AMOUNTS.—
(1) IN GENERAL.—Each recipient of funds under this title
shall be liable to repay the amounts described in subsection
(c)(1), from funds other than funds received under this title,
upon a determination by the Secretary that the misexpenditure
of funds was due to willful disregard of the requirements of
this title, gross negligence, failure to observe accepted standards
of administration, or a pattern of misexpenditure as described
in paragraphs (2) and (3) of subsection (c). No such determina-
tion shall be made under this subsection or subsection (c)
until notice and opportunity for a fair hearing has been given
to the recipient.
(2) FACTORS
IN
IMPOSING
SANCTIONS.—In determining
whether to impose any sanction authorized by this section
against a recipient for violations by a subgrantee or contractor
of such recipient under this title (including the regulations
issued under this title), the Secretary shall first determine
whether such recipient has adequately demonstrated that the
recipient has—
(A) established and adhered to an appropriate system
for the award and monitoring of grants and contracts with
subgrantees and contractors that contains acceptable stand-
ards for ensuring accountability;
(B) entered into a written grant agreement or contract
with such subgrantee or contractor that established clear
goals and obligations in unambiguous terms;
(C) 
acted 
with 
due 
diligence 
to 
monitor 
the
implementation of the grant agreement or contract, includ-
ing the carrying out of the appropriate monitoring activities
(including audits) at reasonable intervals; and
(D) taken prompt and appropriate corrective action
upon becoming aware of any evidence of a violation of
this title, including regulations issued under this title, by
such subgrantee or contractor.
(3) WAIVER.—If the Secretary determines that the recipient
has demonstrated substantial compliance with the require-
ments of paragraph (2), the Secretary may waive the imposition
of sanctions authorized by this section upon such recipient.
The Secretary is authorized to impose any sanction consistent
with the provisions of this title and any applicable Federal
or State law directly against any subgrantee or contractor
for violation of this title, including regulations issued under
this title.
(e) IMMEDIATE TERMINATION
OR SUSPENSION
OF ASSISTANCE
IN EMERGENCY SITUATIONS.—In emergency situations, if the Sec-
retary determines it is necessary to protect the integrity of the
funds or ensure the proper operation of the program or activity
involved, the Secretary may immediately terminate or suspend
financial assistance, in whole or in part, to the recipient if the
H. R. 1385—111
recipient is given prompt notice and the opportunity for a subse-
quent hearing within 30 days after such termination or suspension.
The Secretary shall not delegate any of the functions or authority
specified in this subsection, other than to an officer whose appoint-
ment is required to be made by and with the advice and consent
of the Senate.
(f ) DISCRIMINATION AGAINST PARTICIPANTS.—If the Secretary
determines that any recipient under this title has discharged or
in any other manner discriminated against a participant or against
any individual in connection with the administration of the program
involved, or against any individual because such individual has
filed any complaint or instituted or caused to be instituted any
proceeding under or related to this title, or has testified or is
about to testify in any such proceeding or investigation under
or related to this title, or otherwise unlawfully denied to any individ-
ual a benefit to which that individual is entitled under the provi-
sions of this title or the Secretary’s regulations, the Secretary
shall, within 30 days, take such action or order such corrective
measures, as necessary, with respect to the recipient or the
aggrieved individual, or both.
(g) REMEDIES.—The remedies described in this section shall
not be construed to be the exclusive remedies available for violations
described in this section.
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.
(a) REPORTS.—
(1) IN GENERAL.—Recipients of funds under this title shall
keep records that are sufficient to permit the preparation of
reports required by this title and to permit the tracing of
funds to a level of expenditure adequate to ensure that the
funds have not been spent unlawfully.
(2) SUBMISSION TO THE SECRETARY.—Every such recipient
shall maintain such records and submit such reports, in such
form and containing such information, as the Secretary may
require regarding the performance of programs and activities
carried out under this title. Such records and reports shall
be submitted to the Secretary but shall not be required to
be submitted more than once each quarter unless specifically
requested by Congress or a committee of Congress, in which
case an estimate may be provided.
(3) MAINTENANCE
OF
STANDARDIZED
RECORDS.—In order
to allow for the preparation of the reports required under
subsection (c), such recipients shall maintain standardized
records for all individual participants and provide to the Sec-
retary a sufficient number of such records to provide for an
adequate analysis of the records.
(4) AVAILABILITY TO THE PUBLIC.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), records maintained by such recipients pursuant to
this subsection shall be made available to the public upon
request.
(B) EXCEPTION.—Subparagraph (A) shall not apply to—
(i) information, the disclosure of which would con-
stitute a clearly unwarranted invasion of personal pri-
vacy; and
H. R. 1385—112
(ii) trade secrets, or commercial or financial
information, that is obtained from a person and privi-
leged or confidential.
(C) FEES
TO
RECOVER
COSTS.—Such recipients may
charge fees sufficient to recover costs applicable to the
processing of requests for records under subparagraph (A).
(b) INVESTIGATIONS OF USE OF FUNDS.—
(1) IN GENERAL.—
(A) SECRETARY.—In order to evaluate compliance with
the provisions of this title, the Secretary shall conduct,
in several States, in each fiscal year, investigations of
the use of funds received by recipients under this title.
(B) COMPTROLLER GENERAL OF THE UNITED STATES.—
In order to ensure compliance with the provisions of this
title, the Comptroller General of the United States may
conduct investigations of the use of funds received under
this title by any recipient.
(2) PROHIBITION.—In conducting any investigation under
this title, the Secretary or the Comptroller General of the
United States may not request the compilation of any informa-
tion that the recipient is not otherwise required to compile
and that is not readily available to such recipient.
(3) AUDITS.—
(A) IN GENERAL.—In carrying out any audit under this
title (other than any initial audit survey or any audit
investigating possible criminal or fraudulent conduct),
either directly or through grant or contract, the Secretary,
the Inspector General of the Department of Labor, or the
Comptroller General of the United States shall furnish
to the State, recipient, or other entity to be audited,
advance notification of the overall objectives and purposes
of the audit, and any extensive recordkeeping or data
requirements to be met, not later than 14 days (or as
soon as practicable), prior to the commencement of the
audit.
(B) NOTIFICATION REQUIREMENT.—If the scope, objec-
tives, or purposes of the audit change substantially during
the course of the audit, the entity being audited shall
be notified of the change as soon as practicable.
(C) ADDITIONAL
REQUIREMENT.—The reports on the
results of such audits shall cite the law, regulation, policy,
or other criteria applicable to any finding contained in
the reports.
(D) RULE
OF
CONSTRUCTION.—Nothing contained in
this title shall be construed so as to be inconsistent with
the Inspector General Act of 1978 (5 U.S.C. App.) or govern-
ment auditing standards issued by the Comptroller General
of the United States.
(c) ACCESSIBILITY OF REPORTS.—Each State, each local board,
and each recipient (other than a subrecipient, subgrantee, or con-
tractor of a recipient) receiving funds under this title—
(1) shall make readily accessible such reports concerning
its operations and expenditures as shall be prescribed by the
Secretary;
(2) shall prescribe and maintain comparable management
information systems, in accordance with guidelines that shall
H. R. 1385—113
be prescribed by the Secretary, designed to facilitate the uni-
form compilation, cross tabulation, and analysis of pro-
grammatic, participant, and financial data, on statewide, local
area, and other appropriate bases, necessary for reporting, mon-
itoring, and evaluating purposes, including data necessary to
comply with section 188; and
(3) shall monitor the performance of providers in complying
with the terms of grants, contracts, or other agreements made
pursuant to this title.
(d) INFORMATION TO BE INCLUDED IN REPORTS.—
(1) IN GENERAL.—The reports required in subsection (c)
shall include information regarding programs and activities
carried out under this title pertaining to—
(A) the relevant demographic characteristics (including
race, ethnicity, sex, and age) and other related information
regarding participants;
(B) the programs and activities in which participants
are enrolled, and the length of time that participants are
engaged in such programs and activities;
(C) outcomes of the programs and activities for partici-
pants, including the occupations of participants, and place-
ment for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply
with section 188.
(2) ADDITIONAL REQUIREMENT.—The Secretary shall ensure
that all elements of the information required for the reports
described in paragraph (1) are defined and reported uniformly.
(e) QUARTERLY FINANCIAL REPORTS.—
(1) IN GENERAL.—Each local board in the State shall submit
quarterly financial reports to the Governor with respect to
programs and activities carried out under this title. Such
reports shall include information identifying all program and
activity costs by cost category in accordance with generally
accepted accounting principles and by year of the appropriation
involved.
(2) ADDITIONAL REQUIREMENT.—Each State shall submit
to the Secretary, on a quarterly basis, a summary of the reports
submitted to the Governor pursuant to paragraph (1).
(f ) MAINTENANCE OF ADDITIONAL RECORDS.—Each State and
local board shall maintain records with respect to programs and
activities carried out under this title that identify—
(1) any income or profits earned, including such income
or profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are
otherwise allowable except for funding limitations.
(g) COST CATEGORIES.—In requiring entities to maintain records
of costs by category under this title, the Secretary shall require
only that the costs be categorized as administrative or programmatic
costs.
SEC. 186. ADMINISTRATIVE ADJUDICATION.
(a) IN GENERAL.—Whenever any applicant for financial assist-
ance under this title is dissatisfied because the Secretary has made
a determination not to award financial assistance in whole or in
part to such applicant, the applicant may request a hearing before
an administrative law judge of the Department of Labor. A similar
H. R. 1385—114
hearing may also be requested by any recipient for whom a correc-
tive action has been required or a sanction has been imposed
by the Secretary under section 184.
(b) APPEAL.—The decision of the administrative law judge shall
constitute final action by the Secretary unless, within 20 days
after receipt of the decision of the administrative law judge, a
party dissatisfied with the decision or any part of the decision
has filed exceptions with the Secretary specifically identifying the
procedure, fact, law, or policy to which exception is taken. Any
exception not specifically urged shall be deemed to have been
waived. After the 20-day period the decision of the administrative
law judge shall become the final decision of the Secretary unless
the Secretary, within 30 days after such filing, has notified the
parties that the case involved has been accepted for review.
(c) TIME LIMIT.—Any case accepted for review by the Secretary
under subsection (b) shall be decided within 180 days after such
acceptance. If the case is not decided within the 180-day period,
the decision of the administrative law judge shall become the final
decision of the Secretary at the end of the 180-day period.
(d) ADDITIONAL REQUIREMENT.—The provisions of section 187
shall apply to any final action of the Secretary under this section.
SEC. 187. JUDICIAL REVIEW.
(a) REVIEW.—
(1) PETITION.—With respect to any final order by the Sec-
retary under section 186 by which the Secretary awards,
declines to award, or only conditionally awards, financial assist-
ance under his title, or any final order of the Secretary under
section 186 with respect to a corrective action or sanction
imposed under section 184, any party to a proceeding which
resulted in such final order may obtain review of such final
order in the United States Court of Appeals having jurisdiction
over the applicant or recipient of funds involved, by filing
a review petition within 30 days after the date of issuance
of such final order.
(2) ACTION ON PETITION.—The clerk of the court shall trans-
mit a copy of the review petition to the Secretary who shall
file the record on which the final order was entered as provided
in section 2112 of title 28, United States Code. The filing
of a review petition shall not stay the order of the Secretary,
unless the court orders a stay. Petitions filed under this sub-
section shall be heard expeditiously, if possible within 10 days
after the date of filing of a reply to the petition.
(3) STANDARD AND SCOPE OF REVIEW.—No objection to the
order of the Secretary shall be considered by the court unless
the objection was specifically urged, in a timely manner, before
the Secretary. The review shall be limited to questions of law
and the findings of fact of the Secretary shall be conclusive
if supported by substantial evidence.
(b) JUDGMENT.—The court shall have jurisdiction to make and
enter a decree affirming, modifying, or setting aside the order
of the Secretary in whole or in part. The judgment of the court
regarding the order shall be final, subject to certiorari review by
the Supreme Court as provided in section 1254(1) of title 28, United
States Code.
SEC. 188. NONDISCRIMINATION.
(a) IN GENERAL.—
H. R. 1385—115
(1) FEDERAL FINANCIAL ASSISTANCE.—For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), on the basis of disability under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis
of sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), or on the basis of race, color, or
national origin under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), programs and activities funded or
otherwise financially assisted in whole or in part under this
Act are considered to be programs and activities receiving Fed-
eral financial assistance.
(2) PROHIBITION OF DISCRIMINATION REGARDING PARTICIPA-
TION, BENEFITS, AND
EMPLOYMENT.—No individual shall be
excluded from participation in, denied the benefits of, subjected
to discrimination under, or denied employment in the adminis-
tration of or in connection with, any such program or activity
because of race, color, religion, sex (except as otherwise per-
mitted under title IX of the Education Amendments of 1972),
national origin, age, disability, or political affiliation or belief.
(3) PROHIBITION ON ASSISTANCE FOR FACILITIES FOR SECTAR-
IAN INSTRUCTION OR RELIGIOUS WORSHIP.—Participants shall
not be employed under this title to carry out the construction,
operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place
for religious worship (except with respect to the maintenance
of a facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in which
the organization operating the facility is part of a program
or activity providing services to participants).
(4) PROHIBITION ON DISCRIMINATION ON BASIS OF PARTICI-
PANT STATUS.—No person may discriminate against an individ-
ual who is a participant in a program or activity that receives
funds under this title, with respect to the terms and conditions
affecting, or rights provided to, the individual, solely because
of the status of the individual as a participant.
(5) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN NON-
CITIZENS.—Participation in programs and activities or receiving
funds under this title shall be available to citizens and nationals
of the United States, lawfully admitted permanent resident
aliens, refugees, asylees, and parolees, and other immigrants
authorized by the Attorney General to work in the United
States.
(b) ACTION OF SECRETARY.—Whenever the Secretary finds that
a State or other recipient of funds under this title has failed
to comply with a provision of law referred to in subsection (a)(1),
or with paragraph (2), (3), (4), or (5) of subsection (a), including
an applicable regulation prescribed to carry out such provision
or paragraph, the Secretary shall notify such State or recipient
and shall request that the State or recipient comply. If within
a reasonable period of time, not to exceed 60 days, the State
or recipient fails or refuses to comply, the Secretary may—
(1) refer the matter to the Attorney General with a rec-
ommendation that an appropriate civil action be instituted;
or
(2) take such other action as may be provided by law.
H. R. 1385—158
and inserting the following: ‘‘to create linkage between State voca-
tional rehabilitation programs and workforce investment activities
carried out under title I of the Workforce Investment Act of 1998,
to establish special responsibilities for the Secretary of Education
for coordination of all activities with respect to individuals with
disabilities within and across programs administered by the Federal
Government, and for other purposes.’’.
SEC. 403. GENERAL PROVISIONS.
The Rehabilitation Act of 1973 is amended by striking the
matter preceding title I and inserting the following:
‘‘SHORT TITLE; TABLE OF CONTENTS
‘‘SEC. 1. (a) SHORT TITLE.—This Act may be cited as the
‘Rehabilitation Act of 1973’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
‘‘Sec.
1. Short title; table of contents.
‘‘Sec.
2. Findings; purpose; policy.
‘‘Sec.
3. Rehabilitation Services Administration.
‘‘Sec.
4. Advance funding.
‘‘Sec.
5. Joint funding.
‘‘Sec.
6. Definitions.
‘‘Sec.
7. Allotment percentage.
‘‘Sec.
8. Nonduplication.
‘‘Sec.
9. Application of other laws.
‘‘Sec. 10. Administration of the Act.
‘‘Sec. 11. Reports.
‘‘Sec. 12. Evaluation.
‘‘Sec. 13. Information clearinghouse.
‘‘Sec. 14. Transfer of funds.
‘‘Sec. 15. State administration.
‘‘Sec. 16. Review of applications.
‘‘Sec. 17. Carryover.
‘‘Sec. 18. Client assistance information.
‘‘Sec. 19. Traditionally underserved populations.
‘‘TITLE I—VOCATIONAL REHABILITATION SERVICES
‘‘PART A—GENERAL PROVISIONS
‘‘Sec. 100. Declaration of policy; authorization of appropriations.
‘‘Sec. 101. State plans.
‘‘Sec. 102. Eligibility and individualized plan for employment.
‘‘Sec. 103. Vocational rehabilitation services.
‘‘Sec. 104. Non-Federal share for establishment of program.
‘‘Sec. 105. State Rehabilitation Council.
‘‘Sec. 106. Evaluation standards and performance indicators.
‘‘Sec. 107. Monitoring and review.
‘‘Sec. 108. Expenditure of certain amounts.
‘‘Sec. 109. Training of employers with respect to Americans with Disabilities Act of
1990.
‘‘PART B—BASIC VOCATIONAL REHABILITATION SERVICES
‘‘Sec. 110. State allotments.
‘‘Sec. 111. Payments to States.
‘‘Sec. 112. Client assistance program.
‘‘PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES
‘‘Sec. 121. Vocational rehabilitation services grants.
‘‘PART D—VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION
‘‘Sec. 131. Data sharing.
‘‘TITLE II—RESEARCH AND TRAINING
‘‘Sec. 200. Declaration of purpose.
H. R. 1385—159
‘‘Sec. 201. Authorization of appropriations.
‘‘Sec. 202. National Institute on Disability and Rehabilitation Research.
‘‘Sec. 203. Interagency Committee.
‘‘Sec. 204. Research and other covered activities.
‘‘Sec. 205. Rehabilitation Research Advisory Council.
‘‘TITLE III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS
‘‘Sec. 301. Declaration of purpose and competitive basis of grants and contracts.
‘‘Sec. 302. Training.
‘‘Sec. 303. Demonstration and training programs.
‘‘Sec. 304. Migrant and seasonal farmworkers.
‘‘Sec. 305. Recreational programs.
‘‘Sec. 306. Measuring of project outcomes and performance.
‘‘TITLE IV—NATIONAL COUNCIL ON DISABILITY
‘‘Sec. 400. Establishment of National Council on Disability.
‘‘Sec. 401. Duties of National Council.
‘‘Sec. 402. Compensation of National Council members.
‘‘Sec. 403. Staff of National Council.
‘‘Sec. 404. Administrative powers of National Council.
‘‘Sec. 405. Authorization of Appropriations.
‘‘TITLE V—RIGHTS AND ADVOCACY
‘‘Sec. 501. Employment of individuals with disabilities.
‘‘Sec. 502. Architectural and Transportation Barriers Compliance Board.
‘‘Sec. 503. Employment under Federal contracts.
‘‘Sec. 504. Nondiscrimination under Federal grants and programs.
‘‘Sec. 505. Remedies and attorneys’ fees.
‘‘Sec. 506. Secretarial responsibilities.
‘‘Sec. 507. Interagency Disability Coordinating Council.
‘‘Sec. 508. Electronic and information technology regulations.
‘‘Sec. 509. Protection and advocacy of individual rights.
‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
‘‘Sec. 601. Short title.
‘‘PART A—PROJECTS WITH INDUSTRY
‘‘Sec. 611. Projects with industry.
‘‘Sec. 612. Authorization of appropriations.
‘‘PART B—SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE MOST
SIGNIFICANT DISABILITIES
‘‘Sec. 621. Purpose.
‘‘Sec. 622. Allotments.
‘‘Sec. 623. Availability of services.
‘‘Sec. 624. Eligibility.
‘‘Sec. 625. State plan.
‘‘Sec. 626. Restriction.
‘‘Sec. 627. Savings provision.
‘‘Sec. 628. Authorization of appropriations.
‘‘TITLE VII—INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
‘‘CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT DISABILITIES
‘‘PART A—GENERAL PROVISIONS
‘‘Sec. 701. Purpose.
‘‘Sec. 702. Definitions.
‘‘Sec. 703. Eligibility for receipt of services.
‘‘Sec. 704. State plan.
‘‘Sec. 705. Statewide Independent Living Council.
‘‘Sec. 706. Responsibilities of the Commissioner.
‘‘PART B—INDEPENDENT LIVING SERVICES
‘‘Sec. 711. Allotments.
‘‘Sec. 712. Payments to States from allotments.
H. R. 1385—186
‘‘(B) DESIGNATED STATE UNIT.—The State agency des-
ignated under subparagraph (A) shall be—
‘‘(i) a State agency primarily concerned with voca-
tional rehabilitation, or vocational and other rehabilita-
tion, of individuals with disabilities; or
‘‘(ii) if not such an agency, the State agency (or
each State agency if 2 are so designated) shall include
a vocational rehabilitation bureau, division, or other
organizational unit that—
‘‘(I) is primarily concerned with vocational
rehabilitation, or vocational and other rehabilita-
tion, of individuals with disabilities, and is respon-
sible for the vocational rehabilitation program of
the designated State agency;
‘‘(II) has a full-time director;
‘‘(III) has a staff employed on the rehabilita-
tion work of the organizational unit all or substan-
tially all of whom are employed full time on such
work; and
‘‘(IV) is located at an organizational level and
has an organizational status within the designated
State agency comparable to that of other major
organizational units of the designated State
agency.
‘‘(C) RESPONSIBILITY FOR SERVICES FOR THE BLIND.—
If the State has designated only 1 State agency pursuant
to subparagraph (A), the State may assign responsibility
for the part of the plan under which vocational rehabilita-
tion services are provided for individuals who are blind
to an organizational unit of the designated State agency
and assign responsibility for the rest of the plan to another
organizational unit of the designated State agency, with
the provisions of subparagraph (B) applying separately to
each of the designated State units.
‘‘(3) NON-FEDERAL SHARE.—The State plan shall provide
for financial participation by the State, or if the State so elects,
by the State and local agencies, to provide the amount of
the non-Federal share of the cost of carrying out part B.
‘‘(4) STATEWIDENESS.—The State plan shall provide that
the plan shall be in effect in all political subdivisions of the
State, except that—
‘‘(A) in the case of any activity that, in the judgment
of the Commissioner, is likely to assist in promoting the
vocational rehabilitation of substantially larger numbers
of individuals with disabilities or groups of individuals
with disabilities, the Commissioner may waive compliance
with the requirement that the plan be in effect in all
political subdivisions of the State to the extent and for
such period as may be provided in accordance with regula-
tions prescribed by the Commissioner, but only if the non-
Federal share of the cost of the vocational rehabilitation
services involved is met from funds made available by
a local agency (including funds contributed to such agency
by a private agency, organization, or individual); and
‘‘(B) in a case in which earmarked funds are used
toward the non-Federal share and such funds are ear-
marked for particular geographic areas within the State,
H. R. 1385—192
‘‘(ii) the number of individuals who received voca-
tional rehabilitation services through the program,
including—
‘‘(I) the number who received services under
paragraph (5)(D), but not assistance under an
individualized plan for employment;
‘‘(II) of those recipients who are individuals
with significant disabilities, the number who
received assistance under an individualized plan
for employment consistent with section 102(b); and
‘‘(III) of those recipients who are not individ-
uals with significant disabilities, the number who
received assistance under an individualized plan
for employment consistent with section 102(b);
‘‘(iii) of those applicants and eligible recipients who
are individuals with significant disabilities—
‘‘(I) the number who ended their participation
in the program carried out under this title and
the number who achieved employment outcomes
after receiving vocational rehabilitation services;
and
‘‘(II) the number who ended their participation
in the program and who were employed 6 months
and 12 months after securing or regaining employ-
ment, or, in the case of individuals whose employ-
ment outcome was to retain or advance in employ-
ment, who were employed 6 months and 12 months
after achieving their employment outcome, includ-
ing—
‘‘(aa) the number who earned the mini-
mum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or another wage level set
by the Commissioner, during such employ-
ment; and
‘‘(bb) the number who received employ-
ment benefits from an employer during such
employment; and
‘‘(iv) of those applicants and eligible recipients who
are not individuals with significant disabilities—
‘‘(I) the number who ended their participation
in the program carried out under this title and
the number who achieved employment outcomes
after receiving vocational rehabilitation services;
and
‘‘(II) the number who ended their participation
in the program and who were employed 6 months
and 12 months after securing or regaining employ-
ment, or, in the case of individuals whose employ-
ment outcome was to retain or advance in employ-
ment, who were employed 6 months and 12 months
after achieving their employment outcome, includ-
ing—
‘‘(aa) the number who earned the mini-
mum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or another wage level set
H. R. 1385—193
by the Commissioner, during such employ-
ment; and
‘‘(bb) the number who received employ-
ment benefits from an employer during such
employment.
‘‘(D) COSTS
AND
RESULTS.—The Commissioner shall
also require that the designated State agency include in
the reports information on—
‘‘(i) the costs under this title of conducting adminis-
tration, providing assessment services, counseling and
guidance, and other direct services provided by des-
ignated State agency staff, providing services pur-
chased under individualized plans for employment,
supporting small business enterprises, establishing,
developing, and improving community rehabilitation
programs, providing other services to groups, and facili-
tating use of other programs under this Act and title
I of the Workforce Investment Act of 1998 by eligible
individuals; and
‘‘(ii) the results of annual evaluation by the State
of program effectiveness under paragraph (15)(E).
‘‘(E) ADDITIONAL
INFORMATION.—The Commissioner
shall require that each designated State unit include in
the reports additional information related to the applicants
and eligible individuals, obtained either through a complete
count or sampling, including—
‘‘(i) information on—
‘‘(I) age, gender, race, ethnicity, education, cat-
egory of impairment, severity of disability, and
whether the individuals are students with disabil-
ities;
‘‘(II) dates of application, determination of
eligibility or ineligibility, initiation of the individ-
ualized plan for employment, and termination of
participation in the program;
‘‘(III) earnings at the time of application for
the program and termination of participation in
the program;
‘‘(IV) work status and occupation;
‘‘(V) types of services, including assistive tech-
nology services and assistive technology devices,
provided under the program;
‘‘(VI) types of public or private programs or
agencies that furnished services under the pro-
gram; and
‘‘(VII) the reasons for individuals terminating
participation in the program without achieving an
employment outcome; and
‘‘(ii) information necessary to determine the
success of the State in meeting—
‘‘(I) the State performance measures estab-
lished under section 136(b) of the Workforce
Investment Act of 1998, to the extent the measures
are applicable to individuals with disabilities; and
‘‘(II) the standards and indicators established
pursuant to section 106.
H. R. 1385—208
‘‘(ii) the responsibilities of the eligible individual,
including—
‘‘(I) the responsibilities the eligible individual
will assume in relation to the employment outcome
of the individual;
‘‘(II) if applicable, the participation of the
eligible individual in paying for the costs of the
plan; and
‘‘(III) the responsibility of the eligible individ-
ual with regard to applying for and securing com-
parable benefits as described in section 101(a)(8);
and
‘‘(iii) the responsibilities of other entities as the
result of arrangements made pursuant to comparable
services or benefits requirements as described in sec-
tion 101(a)(8);
‘‘(F) for an eligible individual with the most significant
disabilities for whom an employment outcome in a sup-
ported employment setting has been determined to be
appropriate, information identifying—
‘‘(i) the extended services needed by the eligible
individual; and
‘‘(ii) the source of extended services or, to the
extent that the source of the extended services cannot
be identified at the time of the development of the
individualized plan for employment, a description of
the basis for concluding that there is a reasonable
expectation that such source will become available;
and
‘‘(G) as determined to be necessary, a statement of
projected need for post-employment services.
‘‘(c) PROCEDURES.—
‘‘(1) IN GENERAL.—Each State shall establish procedures
for mediation of, and procedures for review through an impar-
tial due process hearing of, determinations made by personnel
of the designated State unit that affect the provision of voca-
tional rehabilitation services to applicants or eligible individ-
uals.
‘‘(2) NOTIFICATION.—
‘‘(A) RIGHTS AND ASSISTANCE.—The procedures shall
provide that an applicant or an eligible individual or, as
appropriate, the applicant’s representative or individual’s
representative shall be notified of—
‘‘(i) the right to obtain review of determinations
described in paragraph (1) in an impartial due process
hearing under paragraph (5);
‘‘(ii) the right to pursue mediation with respect
to the determinations under paragraph (4); and
‘‘(iii) the availability of assistance from the client
assistance program under section 112.
‘‘(B) TIMING.—Such notification shall be provided in
writing—
‘‘(i) at the time an individual applies for vocational
rehabilitation services provided under this title;
‘‘(ii) at the time the individualized plan for employ-
ment for the individual is developed; and
H. R. 1385—286
Independent Living Council (referred to in this section as the ‘Coun-
cil’). The Council shall not be established as an entity within a
State agency.
‘‘(b) COMPOSITION AND APPOINTMENT.—
‘‘(1) APPOINTMENT.—Members of the Council shall be
appointed by the Governor. The Governor shall select members
after soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities.
‘‘(2) COMPOSITION.—The Council shall include—
‘‘(A) at least one director of a center for independent
living chosen by the directors of centers for independent
living within the State;
‘‘(B) as ex officio, nonvoting members—
‘‘(i) a representative from the designated State
unit; and
‘‘(ii) representatives from other State agencies that
provide services for individuals with disabilities; and
‘‘(C) in a State in which one or more projects are
carried out under section 121, at least one representative
of the directors of the projects.
‘‘(3) ADDITIONAL MEMBERS.—The Council may include—
‘‘(A) other representatives from centers for independent
living;
‘‘(B) parents and guardians of individuals with disabil-
ities;
‘‘(C) advocates of and for individuals with disabilities;
‘‘(D) representatives from private businesses;
‘‘(E) representatives from organizations that provide
services for individuals with disabilities; and
‘‘(F) other appropriate individuals.
‘‘(4) QUALIFICATIONS.—
‘‘(A) IN GENERAL.—The Council shall be composed of
members—
‘‘(i) who provide statewide representation;
‘‘(ii) who represent a broad range of individuals
with disabilities from diverse backgrounds;
‘‘(iii) who are knowledgeable about centers for
independent living and independent living services;
and
‘‘(iv) a majority of whom are persons who are—
‘‘(I) individuals with disabilities described in
section 7(20)(B); and
‘‘(II) not employed by any State agency or cen-
ter for independent living.
‘‘(B) VOTING MEMBERS.—A majority of the voting mem-
bers of the Council shall be—
‘‘(i) individuals with disabilities described in sec-
tion 7(20)(B); and
‘‘(ii) not employed by any State agency or center
for independent living.
‘‘(5) CHAIRPERSON.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Council shall select a chairperson from among
the voting membership of the Council.