Job Training Reform Amendments of 1992
PL 102-367 (H.R.3033), enacted 09/07/1992

PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1021 
Public Law 102-367 
102d Congress 
An Act 
To amend the Job Training Partnership Act to improve the delivery of services to 
Sept. 7, 1992 
hard-to-serve youth and adults, and for other purposes. 
[H.R. 3033] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Job Training 
' 
^ 
' 
Reform 
SECTION 1. SHORT TITLE. 
Amendments of 
1992 
This Act may be cited as the "Job Training Reform Amendments inter-
of 1992". 
governmental 
SEC. 2. TABLE OF CONTENTS. 
29^uSl501 
The table of contents is as follows: 
^°^-
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—JOB TRAINING PARTNERSHIP REQUIREMENTS 
Subtitle A—General Provisions 
Sec. 101. Declaration of policy and statement of purpose. 
Sec. 102. Authorization of appropriations. 
Sec. 103. Definitions. 
Subtitle B—Service Delivery System 
Sec. 111. Establishment of service delivery areas. 
Sec. 112. Establishment of private industry council. 
Sec. 113. Job training plan. 
Sec. 114. Review andapproval of plan. 
Sec. 115. Performance standards. 
Sec. 116. Selection of service providers. 
Sec. 117. Limitation on certain costs. 
Sec. 118. Recapture and reallotment of unobligated funds under title II. 
Subtitle C—^Additional State Responsibilities 
Sec. 121. Governor's coordination and special services plan. 
Sec. 122. State education coordination and grants. 
Sec. 123. Identification of additional imposed requirements. 
Sec. 124. State labor market information programs. 
Subtitle D—Program Requirements for Service Delivery System 
Sec. 131. Greneral program requirements. 
Sec. 132. Benefits. 
Sec. 133. Labor standards. 
Sec. 134. Grievance procedure. 
Subtitle E—Federal and Fiscal Administrative Provisions 
Sec. 141. Prompt allocation of funds. 
Sec. 142. Fiscal controls; sanctions. 
Sec. 143. Reports, recordkeeping, and investigations. 
Sec. 144. Nondiscrimination. 
Sec. 145. Utilization of services and facilities. 
TITLE II—TRAINING SERVICES FOR THE DISADVANTAGED 
Sec. 201. Adult training program. 
Sec. 202. Adult training program allotment and allocation. 
Sec. 203. Adult training program eligibility and services. 
Sec. 204. Summer youth employment and training program. 
106 STAT. 1022 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Sec. 205. Summer youth program transfer of funds. 
«' 
' 
Sec. 206. Youth training program. 
Sec. 207. Youth training program allotment and alloc);^ion. 
Sec. 2€3. YouUi training progrtidA eligibility and services. 
TITLE III—EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED 
WORKERS 
Sec. 301. State agency approval. 
Sec. 302. Limitations on uses of funds. 
Sec. 303. Demonstration programs. 
TITLE IV—FEDERALLY ADMINISTERED PROGRAMS 
Sec. 401. Native American and migrant programs. 
Sec. 402. Job Corps. 
Sec. 403. National activities. 
Sec. 404. Uniform requirements. 
: ; • 
Sec. 405. Labor market information. 
Sec. 406. Establishment of the Youth Fair Chance program. 
Sec. 407. Establishment of the microenterprise grants program. 
Sec. 408. Establishment of the disaster relief program. 
TITLE V-JOBS FOR EMPLOYABLE DEPENDENT INDIVIDUALS INCENTIVE 
BONUS PROGRAM 
Sec. 501. Jobs for employable dependent individuals. 
TITLE VI—STATE HUMAN RESOURCE INVESTMENT COUNCIL 
Sec. 601. State human resource investment council. 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Effective date and transition provisions. 
Sec. 702. Technical and conforming amendments. 
TITLE I-^OB TRAINING PARTNERSHIP 
REQUIREMENTS 
Subtitle A—General Provisions 
SEC. 101. DECLARATION OF POUCY AND STATEMENT OF PURPOSE. 
29 u s e 1501 
(a) DECLARATION OF POLICY.—In recognition of the training needs 
"°*®- 
of low-income adults and youth, the Congress declares it to be 
thepolicy of the United States to— 
(1) provide financial assistance to States and local service 
delivery areas to meet the training needs of such low-income 
adults and youth, and to assist such individuals in obtaining 
unsubsidized employment; 
(2) increase the funds available for programs under title 
II of the Job Training Partnership Act (29 U.S.C. 1601 et 
seq.) by not less than 10 percent of the baseline each fiscal 
year to provide for growth in the percentage of eligible adults 
and youth served above the 5 percent of the eligible population 
that is currently served; and 
(3) encourage the provision of longer, more comprehensive, 
education, training, and employment services to the eligible 
population, which also requires increased funding in order to 
maintain current service levels. 
(b) STATEMENT OF PURPOSE.—Section 2 of the Job Training Part-
nership Act (29 U.S.C. 1501) (hereafter in this Act referred to 
as "the Act") is amended to read as follows: 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1023 
"STATEMENT OF PURPOSE 
"SEC. 2. It is the purpose of this Act to establish programs 
to prepare youth and adults facing serious barriers to employment 
for participation in the labor force by providing job training and 
other services that will result in increased employment and earn-
ings, increased educational and occupational skills, and decreased 
welfare dependency, thereby improving the quality of the work 
force and enhancing the productivity and competitiveness of the 
Nation.". 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 3 of the Act (29 U.S.C. 1502) 
is 
amended— 
(1) by striking subsections (a) and (b) and inserting the 
following: 
"(a)(1) There are authorized to be appropriated to carry out parts 
A and C of title II such sums as may be necessary for fiscal 
year 1993 and for each succeeding fiscal year. Of the sums appro-
priated to carry out parts A and C of title II for each such fiscal 
vear, an amount not less than 40 percent of such sums shall 
be made available to carry out part A of such title and an amount 
not less than 40 percent of such sums shall be made available 
to carry out part C of such title. 
"(2) There are authorized to be appropriated to carry out part 
B of title II such sums as may be necessary for fiscal year 1993 
and for each succeeding fiscal year."; 
(2) by redesignating subsection (c) as subsection (b); 
(3) by inserting after such subsection (b) the following: 
"(c)(1) There are authorized to be appropriated to carry out parts 
A, C, D, E, F, and G of title IV for fiscal year 1993 and each 
succeeding fiscal year an amount equal to not more than 7 percent 
of the total amount appropriated to carry out this Act for each 
such fiscal year. 
"(2) From the amount appropriated under paragraph (1) for any 
fiscal year, the Secretary— 
"(A) shall first reserve— 
"(i) an amount of not less than 3.3 percent of the amount 
available for parts A and C of title II for such fiscal year 
to carry out section 401; and 
"(ii) an amount of not less than 3.2 percent of the amount 
available for parts A and C of title II for such fiscal year 
to carry out section 402; and 
"(B) after making such reservations, shall reserve— 
"(i) an amount equal to 7 percent of the amount appro-
priated under paragraph (1) to carry out part C of title 
"(ii) $15,000,000 to carry out section 453, of which— 
"(I) not less than 20 percent shall be used to carry 
out section 453(b); 
"(II) not less than 20 percent shall be used to carry 
out section 453(c); and 
"(III) $1,000,000 shall be used to carry out section 
453(d); 
"(iii) $6,000,000 to carry out subsections (e) and (f) of 
section 462; and 
"(iv) $2,000,000 to carry out part F of title IV. 
106 STAT. 1024 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(3) There are authorized to be appropriated to carry out part 
H of title IV $100,000,000 for fiscal year 1993 and such sums 
as may be necessary for each of the fiscal years 1994 through 
1997. 
"(4) There are authorized to be appropriated to carry out part 
I of title IV $5,000,000 for each of the fiscal years 1993 through 
1997. 
"(5) There are authorized to be appropriated to carry out part 
J of title IV, $15,000,000 for fiscal year 1993 and such sums as 
may be necessary for each succeeding fiscal year."; and 
(4) in subsection (e)— 
(A) by striking "(e)(1) Subject to paragraph (2), there" 
and inserting "(e) There"; 
(B) by striking "1994" and inserting "1996"; and 
(C) by striking paragraphs (2) and (3). 
(b) CONFORMING AMENDMENTS.—Subsections (a) and (e) of section 
302 of the Act (29 U.S.C. 1652 (a) and (e)) and section 326(h) 
of the Act (1662e(h)) are amended by striking "3(c)" and inserting 
"3(b)". 
SEC. 103. DEFmrnONS. 
(a) IN GENERAL.—Section 4 of the Act (29 U.S.C. 1503) is 
amended— 
(1) in paragraph (3), by striking "a program under part 
A" and inserting "programs under parts A and C"; and 
(2) in paragraph (5)— 
(A) by inserting "the Association of Farmworker Oppor-
tunity Programs, the Center for Employment Training, lit-
eracy organizations, agencies or organizations serving older 
individuals, organizations that provide service opportuni-
ties, youth corps programs," after "Jobs for Youth,"; and 
(B) by striking "(including the National Urban Indian 
Coimcil)"; 
(3) in paragraph (8)— 
(A) in subparagraph (B)(i), by striking "the poverty level 
determined in accordance with criteria established by the 
Director of the Office of Management and Budget" and 
inserting "the official poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget Rec-
- 
onciliation Act of 1981 (42 U.S.C. 9902(2))"; 
(B) in subparagraph (C), by inserting "(or has been deter-
mined within the 6-month period prior to the application 
for the program involved to be eligible to receive)" after 
"is receiving^'; 
(C) in subparagraph (D), by inserting "subsections (a) 
and (c) of' after "under"; and 
(D) in subparagraph (F), by striking "adult handicapped 
individual" and inserting "individual with a disability"; 
(4) in paragraph (10)— 
(A) by striking "(10)" and inserting "(10)(A)"; 
' 
(B) by striking "handicapped individual" and inserting 
"individual with a disability"; and 
(C) by adding at the end the following: 
"(B) The term 'individuals with disabilities' means more than 
one individual with a disability."; 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1025 
(5) in paragraph (22), by striking "and the Trust Territory 
of the Pacific Islands" and inserting "the Federated States 
of Micronesia, the RepubUc of the Marshall Islands, and Palau"; 
(6) in paragraph (24)— 
(A) by inserting "financial assistance (except as a post-
termination service), drug and alcohol abuse counseling 
and referral, individual and family counseling," after 
"healthcare,"; 
(B) by striking "materials for the handicapped," and 
) 
inserting "materials for individuals with disabilities, job 
coaches,"; and 
(C) by inserting "and dependent care" after "child care"; 
(7) by amending paragraph (29) to read as follows: 
"(29) The term 'displaced homemaker' means an individual 
who has been providing unpaid services to family members 
in the home and who— 
"(A) has been dependent either— 
"(i) on public assistance and whose youngest child 
is within 2 years of losing eligibility under part A 
of title IV of the Social Security Act (42 U.S.C. 601 
et seq.); or 
"(ii) on the income of another family member but 
is no longer supported by that income; and 
"(B) is unemployed or underemployed and is experiencing 
difficulty in obtaining or upgrading employment."; and 
(8) by adding after paragraph (30) the following new para-
graphs: 
"(31) The term Tjasic skills deficient' means, with respect 
to an individual, that the individual has English reading or 
computing skills at or below the 8th grade level on a generally 
accepted standardized test or a comparable score on a criterion-
referenced test. 
"(32) The term 'case management* means the provision of 
a client-centered approach in the delivery of services, designed 
to— 
"(A) prepare and coordinate comprehensive employment 
plans, such as service strategies, for participants to ensure 
access to the necessary training and supportive services, 
using, where feasible, computer-based technologies; and 
"(B) provide job and career counseling during program 
participation and after job placement. 
"(33) The term 'citizenship skills' means skills and qualities, 
such as teamwork, problem-solving ability, self-esteem, initia-
tive, leadership, commitment to life-long learning, and an ethic 
of civic responsibility, that are characteristic of productive work-
ers and good citizens. 
"(34) The term 'family* means two or more persons related 
by blood, marriage, or decree of court, who are living in a 
single residence, and are included in one or more of the follow-
ing categories: 
"(A) A husband, wife, and dependent children. 
"(B) A parent or guardian and dependent children. 
"(C) A husband and wife. 
"(35) The term 'hard-to-serve individual' means an individual 
who is included in one or more of the categories described 
in section 203(b) or subsection (b) or (d) of section 263. 
106 STAT. 1026 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(36) The term 'JOBS' means the Job Opportunities and 
Basic Skills Training Program authorized imder part F of title 
IV of the Social Security Act (42 U.S.C. 681 et seq.). 
"(37) The term 'participant' means an individual who has 
been determined to be eligible to participate in and who is 
receiving services (except post-termination services authorized 
under sections 204(c)(4) and 264(d)(5) and followup services 
authorized under section 253(d)) under a program authorized 
by this Act. Participation shall be deemed to commence on 
the first day, following determination of eligibility, on which 
the participant began receiving subsidized employment, train-
ing, or other services provided under this Act. 
"(38) The term 'school dropout' means an individual who 
is no longer attending any school and who has not received 
a secondary school diploma or a certificate from a program 
of equivalency for such a diploma. 
"(39) The term 'termination' means the separation of a partici-
pant who is no longer receiving services (except post-termi-
nation 
services authorized 
under 
sections 204(c)(4) 
and 
264(d)(5) and followup services authorized under section 253(d)) 
under a program authorized by this Act. 
"(40) The term 'youth corps program' means a program, such 
as a conservation corps or youth service program, that offers 
productive work with visible community benefits in a natural 
resource or human service setting and that gives participants 
a mix of work experience, basic and life skills, education, train-
ing, and supportive services.", 
(b) CONFORMING AMENDMENTS.—The Act (29 U.S.C. 1501 et seq.) 
is amended— 
(1) in section 4 (29 U.S.C. 1503)— 
(A) in paragraph (5), by striking "the handicapped" £uid 
inserting "individuals with disabilities"; 
(B) in paragraph (8)(F), by striking "adult handicapped 
individual" and inserting "individual with a disability"; 
and 
(C) in paragraph (28), by striking "section 521(31)" and 
inserting "section 521(41)"; 
(2) in section 167(a)(2) (29 U.S.C. 1577(a)(2)), by striking 
"handicap" and inserting "disability"; 
(3) in the second section 172(b) (as added by Public Law 
100-628) (29 U.S.C. 1583(b)), by striking "handicapped individ-
uals" and inserting "individuals with disabilities"; and 
(4) in section 423(1) (29 U.S.C. 1693(1)), by striking "handi-
capped individual" and inserting "individual with a disability". 
Subtitle B—Service Delivery System 
SEC. 111. ESTABUSHMENT OF SERVICE DELIVERY AREAS. 
Section 101(c)(1) of the Act (29 U.S.C. 1511(c)(1)) is amended 
by inserting before the period at the end of the first sentence 
the following: ", except as provided for in sections 106(j)(4)(B) and 
164(b)(l)(B)'° 
\ 
SEC. 112. ESTABLISHMENT OF PRIVATE INDUSTRY COUNCIL. 
\ 
(a) COMPOSITION.— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1027 
(1) MEMBERSfflP.—Section 102(a) of the Act (29 U.S.C. 
1512(a)(2)) is amended— 
(A) by striking "and" at the end of ptiragraph (1); and 
(B) by striking paragraph (2) and inserting the following: 
"(2) representatives of organized labor and community-based 
organizations, who shall constitute not less than 15 percent 
of the membership of the council; and 
"(3) representatives of each of the following: 
"(A) Educational agencies (which agencies shall be rep-
resentative of all educational agencies in the service deliv-
ery area). 
"(B) Vocational rehabilitation agencies. 
"(C) Public assistance agencies. 
"(D) Economic development agencies. 
"(E) The public employment service.". 
(2) NOMINATION.—Section 102(c)(2) of the Act (29 U.S.C. 
1512(c)(2)) is amended to read as follows: 
"(2) The education representatives on the council shall be selected 
from among individuals nominated by regional or local educational 
agencies, vocational education institutions, institutions of higher 
education (including entities offering adult education) or general 
organizations of such institutions, within the service delivery area.". 
(3) RECOMMENDATIONS.—Section 102(c)(3) of the Act (29 
U.S.C. 1512(c)(3)) is amended to read as follows: 
"(3) The labor representatives on the council shall be selected 
from individuals recommended by recognized State and local labor 
federations. If the State or local labor federation fails to nominate 
a sufficient number of individuals to meet the labor representation 
requirements of subsection (a)(2), individual workers may be 
included on the council to complete the labor representation.". 
(4) ADDITIONAL REPRESENTATIVES.—Section 102(c) of the Act 
(20 U.S.C. 1512(c)) is amended by adding at the end the follow-
ing new paragraph: 
"(4) The remaining members of the council shall be selected 
from individuals recommended by interested organizations.". 
SEC. 113. JOB TRAINING PLAN. 
(a) RESTRICTION OF PLANS TO TITLE II PROGRAMS.—Section 104(a) 
of the Act (29 U.S.C. 1514(a)) is amended by inserting "under 
title i r after "appropriated". 
(b) CONTENTS OF JOB TRAINING PLANS.—Section 104(b) of the 
Act (29 U.S.C. 1514(b)) is amended to read as follows: 
"(b) Each job training plgin for the programs conducted under 
title II shall contain— 
"(1) an identification of the entity that will administer the 
program and be the grant recipient of funds from the State; 
"(2) if there is more than one service delivery area in a 
single labor market area, provisions for coordinating particular 
aspects of the service delivery area program with other pro-
grams and service providers in the labor market area, including 
provisions for— 
"(A) assessing needs and problems in the labor market 
that form the basis for program planning; 
"(B) ensuring access by program participants in each 
service delivery area to skills training and employment 
opportunities throughout the entire labor market; 
106 STAT. 1028 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(C) coordinating or jointly implementing job develop-
ment, placement, and other employer outreach activities; 
and 
"(D) entering into agreements and contracts, established 
pursuant to section 141(e)(2), between service delivery 
areas to pay or share the cost of services; 
"(3) a description of methods of complying with the coordina-
tion criteria contained in the Governor's coordination and spe-
cial services plan; 
"(4) a description of linkages established with appropriate 
agencies, pursuant to sections 205 and 265, designed to enhance 
the provision of services and avoid duplication, including— 
"(A) agreements with appropriate educational agencies; 
"(B) arrangements with other education, training, and 
employment programs authorized by Federal law; 
"(C) if appropriate, joint programs in which activities 
supported with assistance under this Act are coordinated 
with activities (such as service opportunities and youth 
corps programs) supported with assistance made available 
under the National and Community Service Act of 1990 
(42 U.S.C. 12501 et seq.); and 
"(D) efforts to ensure the effective delivery of services 
to participants in coordination with local welfare agencies 
and other local agencies, community-based organizations, 
volunteer groups, business and labor organizations, and 
other training, education, employment, and social service 
programs; 
"(5) goals and objectives for the programs, including— 
"(A) a description of the manner in which the program 
will contribute to the economic self-sufficiency of partici-
pants, and the productivity of the local area and the Nation; 
and 
"(B) performance standards established in accordance 
with standards prescribed under section 106; 
"(6) procedures for identifying and selecting participants, 
including— 
"(A) goals for the training and placement of hard-to-
serve individuals, and a description of efforts to be under-
taken to accomplish such goals; 
"(B) outreach efforts to recruit and expand awareness 
of training and placement opportunities for such individ-
< uals; and 
"(C) types of services to be provided to address the special 
needs of such individuals; 
"(7)(A) goals for— 
"(i) the training of women in nontraditional employment; 
and 
"(ii) the training-related placement of women in nontradi-
tional employment and apprenticeships; and 
"(B) a description of efforts to be undertaken to accomplish 
the goals described in subparagraph (A), including efforts 
to increase awareness 
of such training and 
placement 
opportunities; 
"(8) adult Eind youth program budgets for 2 program years 
and any proposed expenditures for tne succeeding 2 program 
years; 
"(9) a description of— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1029 
"(A) the assessment process that will identify participant 
skill levels; 
"(B) the process for providing information and referrals 
for applicants and participants relating to appropriate pro-
grams and service providers; 
"(C) the services to be provided, including the means 
for involving labor organizations and community-based 
organizations in the provision of services, the estimated 
duration of service, and the estimated training cost per 
participant; 
"(D) the competency levels to be achieved by participants 
as a result of program participation; and 
"(E) the procedures for evaluating the progress of partici-
pants in achieving competencies; 
"(10) a description of the procedures and methods of carrying 
out title V, where applicable, relating to incentive bonus pay-
ments for the placement of individuals eligible under such 
title; 
"(11) procedures, consistent with sections 107 and 164, for 
selecting service providers, which procedures shall take into 
account^ 
"(A) past performance of the providers regarding— 
"(i) job training, basic skills training, or related 
activities; 
"(ii) fiscal accountability; and 
"(iii) ability to meet performance standards; and 
"(B) the ability of the providers to provide services that 
can lead to achievement of competency standards for 
participants with identified deficiencies; 
"(12) fiscal control (including procurement, monitoring, and 
management information system requirements), accounting, 
audit, and debt collection procedures, consistent with section 
164, to assure the proper disbursal of, and accounting for, 
funds received under title II; and 
"(13) procedures for the preparation and submission of an 
annual report to the Governor, which report shall include— 
"(A) a description of activities conducted during the pro-
gram year; 
"(B) characteristics of participants; 
"(C) information on the extent to which applicable 
performance standards were met; 
"(D) information on the extent to which the service deliv-
ery area has met the goals of the area for the training 
and training-related placement of women in nontraditional 
employment and apprenticeships; and 
"(E) a statistical breakdown of women trained and placed 
in 
nontraditional 
occupations, 
including 
information 
regarding— 
"(i) the type of training received, by occupation; 
"(ii) whether the participant was placed in a job 
or apprenticeship, and, if so, the occupation and wage 
at placement; 
"(iii) the age of the participant; 
"(iv) the race of the participant; and 
"(v) retention of the participant in nontraditional 
employment.". 
106 STAT. 1030 
PUBLIC LAW 102-367—SEPT. 7, 1992 
SEC. 
1
1
4
. 
REVIEW 
AND 
APPROVAL 
OP 
PLAN. 
Section 105 of the Act (29 U.S.C. 1515) is amended— 
(1) in subsection (a)(l)(B)(ii), by inserting "community-based 
organizations and" after "appropriate"; and 
(2) in subsection (b)(1)(E), by striking "section 121(b)", and 
inserting "sections 121(b), 205, and 265". 
SEC. 115. PERFORMANCE STANDARDS. 
(a) IN GENERAL.—Section 106 of the Act (29 U.S.C. 1516) 
is 
amended to read as follows: 
"PERFORMANCE STANDARDS 
"SEC. 106. (a) FINDINGS.—The Congress recognizes that job train-
ing is an investment in human capital and not an expense. In 
order to determine whether that investment has been productive, 
the Congress finds that— 
"(1) it is essential that criteria for measuring the return 
on this investment be developed; and 
"(2) the basic return on the investment is to be measured 
by long-term economic self-sufficiency, increased employment 
and earnings, reductions in welfare dependency, and increased 
educational attainment and occupational skills. 
"(b) TITLE II PERFORMANCE STANDARDS.— 
"(1) GENERAL OBJECTIVE.—In prescribing performance stand-
ards for programs under parts A and C of title II, the Secretary 
' 
shall ensure that States and service delivery areas will make 
efforts to increase services and positive outcomes for hard-
to-serve individuals. 
"(2) ACHIEVEMENT OF BASIC MEASURES.—In order to deter-
mine whether the basic measures described in subsection (a) 
are achieved for programs under parts A and C of title II, 
the Secretary, in consultation with the Secretary of Education 
and the Secretary of Health and Human Services, shall pre-
scribe performance standards. 
"(3) FACTORS FOR ADULT STANDARDS.—The Secretary shall 
base the performance standards for adult programs under part 
A of title II on appropriate factors, which may include— 
"(A) placement in unsubsidized employment; 
"(B) retention for not less than 6 months in unsubsidized 
employment; 
"(C) an increase in earnings, including hourly wages; 
"(D) a reduction in welfare dependency; and 
"(E) acquisition of skills, including basic skills, required 
to promote continued employability in the local labor mar-
ket (including attainment of the competency 
levels 
ft 
described in paragraph (5)), or acquisition of a high school 
diploma or the equivalent of the diploma, if the acquisition 
of such skills or diploma is in addition to obtaining one 
or more of the outcomes described in subparagraphs (A) 
through (D). 
"(4) FACTORS FOR YOUTH STANDARDS.— 
"(A) IN GENERAL.—^The Secretary shall base the perform-
ance standards for youth programs under part C of title 
-
V 
II on appropriate factors described in paragraph (3), and 
on factors including— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1031 
"(i) attainment of employment competencies (includ-
ing attainment of the competency levels described in 
paragraph (5)); 
"(ii) dropout prevention and recovery; 
"(iii) secondary and postsecondary school completion 
or the equivalent of such completion; and 
"(iv) 
enrollment 
in 
other 
trguning 
programs, 
apprenticeships, or postsecondary education, or enlist-
ment in the Armed Forces. 
"(B) VARIATIONS.—^The Secretary may prescribe vari-
ations in the standards described in subparagraph (A) to 
reflect the differences between in-school and out-of-school 
programs. 
"(5) COMPETENCY LEVELS.—^The private industry councils, in 
consultation with appropriate educational agencies, and, where 
appropriate, the private sector, labor organizations, and commu-
nity-based organizations, shall establish youth and adult com-
petency levels, based on such factors as entry level skills and 
other hiring requirements. 
"(6) REQUIREMENTS.—^The performance standards described 
in paragraphs (3) and (4) shall include provisions governing— 
"(A) the base period prior to program participation that 
will be used for measurement of the factors in such para-
graphs, as appropriate; 
"(B) a representative period after termination from the 
program that is a reasonable indicator of postprogram 
employment, earnings, and cash welfare payment reduc-
tions; and 
"(C) cost-effective methods for obtaining such data as 
are necessary to carry out this section and section 452(d) 
which, notwithstanding any other provision of law, may 
include access to earnings records. State employment secu-
rity records, records collected under the Federal Insurance 
Contributions Act (chapter 21 of the Internal Revenue Code 
of 1986), State aid to families with dependent children 
records, statistical 
sampling techniques, and similar 
records or measures, with appropriate safeguards to protect 
the confidentiality of the information obtained. 
"(7) INCENTIVE GRANTS.—From funds available under section 
202(c)(1)(B), and under section 262(c)(1)(B), for providing incen-
tive grants under this paragraph, each (Governor shall award 
incentive grants for programs under parts A and C of title 
II, other than programs under section 204(d), to service delivery 
areas that— 
"(A) exceed the performance standards established by 
the Secretary under this subsection (except for the stand-
ards established under paragraph (8)) with respect to serv-
ices to all participants; 
"(B) exceed the performance standards established by 
the Secretary under this subsection (except for the stand-
ards established under paragraph (8)) with respect to serv-
ices to populations of hard-to-serve individuals; 
"(C) serve more than the minimum percentage of out-
of-school youth required by section 263(f); 
"(D) place participants in employment that— 
"(i) provides post-program earnings exceeding the 
applicable performance criteria; and 
106 STAT. 1032 
PUBLIC LAW 102-367—SEPT. 7, 1992 
t 
"(ii) includes employer-assisted employment benefits, 
including health benefits, consistent with the require-
ments of section 143(a)(4) relating to subsidized 
emplo3anent; and 
"(E) exceed the performance standards established by 
the Governor under subsection (e) for programs under title 
II, except that not more than 25 percent of the incentive 
grsuits shall be awarded on performance standards estab-
lished under subsection (e). 
"(8) PROGRAM EXPENDITURES.—^The Secretary shall prescribe 
performance standards relating gross program expenditures to 
various performance measures under this subsection, excluding 
any cost per participant measure. The Governors shall not 
take performance standards prescribed under this paragraph 
into consideration in awarding incentive grants under para-
graph (7). 
"(c) TITLE III PERFORMANCE STANDARDS.— 
"(1) IN GENERAL.—^The Secretary shall prescribe performance 
standards for programs under title III based on placement 
and retention in unsubsidized employment. 
"(2) NEEDS-RELATED PAYMENTS.—In prescribing performance 
standards under paragraph (1), the Secretary shall make appro-
priate allowance for the difference in cost resulting from serving 
workers receiving needs-related payments under section 314(e). 
"(d) STATE VARIATION OF PERFORMANCE STANDARDS.— 
"(1) AUTHORITY OF GOVERNOR.—Each Governor shall pre-
scribe, and report in the Governor's coordination and special 
services plan, within parameters established by the Secretary, 
variations in the standards issued under subsections (b) and 
(c) based upon— 
"(A) specific economic, geographic, and demographic fac-
tors in the State and in service delivery areas and substate 
areas within the State; 
"(B) the characteristics of the population to be served; 
"(C) the demonstrated difficulties in serving the popu-
lation; and 
"(D) the type of services to be provided. 
"(2) RESPONSIBILITIES OF SECRETARY.—The Secretary shall— 
"(A) provide information and technical assistance on 
performance standards adjustments; 
"(B) collect data that identifies hard-to-serve individuals; 
"(C) provide guidance on setting performance standards 
at the service provider level that encourages increased 
service to such individuals; and 
"(D) review performance standards to ensure that such 
standards provide maximum incentive in serving such 
individuals. 
"(e) ADDITIONAL STATE STANDARDS PERMITTED.—^The Governor 
may prescribe performance standards for programs under title II 
and title III in addition to those standards established by the 
Secretary under subsections (b) and (c). Such additional standards 
may include criteria relating to establishment of effective linkages 
with other programs to avoid duplication and enhance the delivery 
of services, the provision of high quality services, and successful 
service to hard-to-serve individuals. The additional performance 
standards established for title II shall be reported in the Governor's 
coordination and special services plan. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1033 
"(f) TITLE IV STANDARDS.—The Secretary shall prescribe perform-
ance standards for programs under parts A and B of title IV. 
"(g) ADJUSTMENT FOR SPECIAL POPULATIONS.—The Secretary shall 
prescribe a system for variations in performance standards for 
special populations to be served, including Native Americans, 
migrant and seasonal farmworkers, disabled and Vietnam era veter-
ans, including veterans who served in the Indochina Theater 
between August 5, 1964 and May 7, 1975, older individuals, includ-
ing those served under section 204(d), and offenders, taking into 
account their special circumstances. 
"(h) MODIFICATIONS.— 
"(1) IN GENERAL.—^The Secretary may modify the performance 
standards under this section not more often than once every 
2 program years. Such modifications shall not be retroactive. 
(2) JOB CORPS.—Notwithstanding paragraph (1), the Sec-
retary may modify standards relating to programs under part 
B of title IV each program year, 
"(i) FUNCTIONS OF NCEP.—The National Commission for Employ-
ment Policy shall— 
"(1) advise the Secretary in the development of performance 
standards under this section for measuring results of participa-
tion in job training and in the development of parameters 
for variations of such standards referred to in subsection (d); 
"(2) evaluate the usefulness of such standards as measures 
of desired performance; and 
"(3) evaluate the impact of such standards (intended or other-
wise) on the choice of who is served, what services are provided, 
£ind the cost of such services in service delivery areas, 
"(j) FAILURE To MEET STANDARDS.— 
"(1) UNIFORM CRITERLV.-The Secretary shall establish uni-
form criteria for determining whether— 
"(A) a service delivery area fails to meet performance 
standards under this section; and 
"(B) the circumstances under which remedial action 
authorized under this subsection shall be taken. 
"(2) TECHNICAL ASSISTANCE.—Each Governor shall provide 
technical assistance to service delivery areas failing to meet 
performance standards under the uniform criteria established 
under paragraph (1)(A). 
"(3) PROCESS FOR CORRECTION.—Not later than 90 days after 
the end of each program year, each Governor shall report 
to the Secretary the final performance standards and perform-
ance for each service delivery area within the State, along 
with the plans of the Governor for providing the techniccQ 
assistance required under paragraph (2). 
"(4) REORGANIZATION PLAN.— 
"(A) PLAN REQUIRED FOR CONTINUED FAILURE.—If a serv-
ice delivery area continues to fail to meet such performance 
standards for 2 consecutive program years, the Governor 
shall notify the Secretary and the service delivery area 
of the continued failure, and shall develop and impose 
a reorganization plan. 
"(B) ELEMENTS.—Such plan may restructure the private 
industry council, prohibit the use of designated service 
providers, merge the service delivery area into one or more 
other existing service delivery areas, or make other changes 
as the Governor determines to be necessary to improve 
106 STAT. 1034 
PUBLIC LAW 102-367—SEPT. 7, 1992 
performance, including the selection of an alternative 
administrative entity to administer the program for the 
service delivery area. 
"(C) ALTERNATIVE ADMINISTRATIVE ENTITY SELECTION.— 
The alternative administrative entity described in subpara-
graph (B) may be a newly formed private industry council 
or any agency jointly selected by the Grovemor and the 
chief elected official of the largest unit of general local 
government in the service delivery area or substate area. 
"(5) SECRETARIAL ACTION.— 
"(A) PLAN.—If the Governor has not imposed a reorga-
nization plan as required by paragraph (4) within 90 days 
of the end of the second program year in which a service 
delivery area has failed to meet its performance standards, 
the Secretary shall develop and impose such a plan. 
"(B) RECAPTURE OR WITHHOLDING.—The Secretary shall 
recapture or withhold an amount not to exceed one-fifth 
of the State administration set-aside allocated under sec-
tion 202(c)(1)(A) and under section 262(c)(1)(A), for the 
purposes of providing technical assistance under a reorga-
nization plan imposed pursueuit to subparagraph (A). 
"(6) APPEAL BY SERVICE DELIVERY AREA.— 
"(A) TIMING.—^A service delivery area that is the subject 
of a reorganization plan under paragraph (4) may, within 
30 days after receiving notice thereof, appeal to the Sec-
retary to rescind or revise such plan. 
"(B) RECAPTURE OR WITHHOLDING.— 
"(i) DETERMINATION.—If the Secretary determines, 
upon appegil under subparagraph (A), that the Grov-
emor has not provided appropriate technical assisteince 
as required under paragraph (2), the Secretary shall 
recapture or withhold an amount not to exceed one-
fifth of the State administration set-aside allotted 
under 
section 
202(c)(1)(A) 
and 
under 
section 
262(c)(1)(A). The Secretary shall use funds recaptured 
or withheld under this subparagraph to provide appro-
priate technical assistance. 
"(ii) BASIS.—If the Secretary approved the techniced 
assistance plan provided by the Governor under para-
graph (2), a determination under this subparagraph 
shall only be based on failure to effectively implement 
such plan and shall not be based on the plan itself. 
"(7) APPEAL BY GOVERNOR.—A Governor of a State that is 
subject to recapture or withholding under paragraph (5) or 
(6)(B) may, within 30 days of receiving notice thereof, appeal 
such withholding to the Secretary, 
"(k) CLARIFICATION OR REFERENCE.—For the purposes of this 
section, the term 'employment' means employment for 20 or more 
hours per week.". 
(b) CONFORMING AMENDMENT.—Sections 311(a), 311(b)(8), and 
322(a)(4) (29 U.S.C. 1661(a), 1661(b)(8), and 1662a(a)(4)) are each 
amended by striking "106(g)" and inserting "106(c)". 
SEC. 116. SELECTION OF SERVICE PROVIDERS. 
(a) SELECTION GUIDELINES.—Section 107(a) of the Act (29 U.S.C. 
1517(a)) is amended— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1035 
(1) by inserting ", (in accordance with guidelines established 
by the Secretary)" in the first sentence after "demonstrated 
performance"; and 
(2) by adding after the 1st sentence the following: "In addi-
tion, consideration shall be given to demonstrated performance 
in making avsdlable appropriate supportive services, including 
child care.". 
(b) ADDITIONAL REQUIREMENTS FOR SELECTION.—Section 107 of 
the Act (29 U.S.C. 1517) is amended by adding at the end the 
following new subsection: 
"(e) The selection of service providers shall be made on a competi-
tive basis to the extent practicable, and shall include— 
"(1) a determination of the ability of the service provider 
to meet program design specifications established by the 
administrative entity that take into account the purposes of 
the Act and the goals established in the Governor's coordination 
and special services plan; and 
"(2) documentation of compliance with procurement standards 
established by the Governor under section 164, including the 
reasons for selection.". 
SEC. 117. LIMITATION ON CERTAIN COSTS. 
(a) APPLICATION OF COST LIMITATIONS.—Section 108(a) of the 
Act (29 U.S.C. 1518(a)) is amended to read as follows: 
"(a) Except as provided in subparagraph (A) or (B) of section 
141(d)(3), funds expended under this Act shall be charged to the 
appropriate cost categories.". 
(b) COST CATEGORIES AND LIMITATIONS.—Section 108(b) of the 
Act (29 U.S.C. 1518(b)) is amended to read as follows: 
"(b)(1) The cost limitations contained in this subsection shall 
apply separately to the funds allocated for programs under part 
A of title II, and to the funds allocated for programs under part 
C of such title. 
"(2) Funds expended under parts A and C of title II shall be 
charged to one of the following categories: 
"(A) Administration. 
"(B) Training-related and supportive services. 
"(C) Direct training services. 
"(3) The Secretary shall, consistent with sections 204(b) and Regulations. 
264(c), define by regulation the cost categories specified in para-
graph (2). 
"(4) Of the funds allocated to a service delivery area for any 
program year under parts A or C of title II— 
"(A) not more than 20 percent shall be expended for adminis-
tration; and 
"(B) not less than 50 percent shall be expended for direct 
training services. 
"(5) Each service delivery area shall ensure that for all services 
provided to participants through contracts, grants, or other agree-
ments with a service provider, such contract, grant, or agreement 
shall include appropriate amounts necessary for administration and 
supportive services. 
"(6) For purposes of paragraph (4), the term 'allocated' means 
allocated for a program year, as adjusted for reallocations and 
reallotments under section 109 and for transfers of funds under 
sections 206, 256, and 266.". 
106 STAT. 1036 
PUBLIC LAW 102-367—SEPT. 7, 1992 
(c) REFERENCE TO LIMITATIONS.—Section 108(c) of the Act (29 
U.S.C. 1518(c)) is amended to read as follows: 
"(c) Funds available under title III shall be expended in accord-
ance with the limitations specified in section 315.". 
SEC. 118. RECAPTURE AND REALLOTMENT OF UNOBUGATED FUNDS 
UNDER TITLE II. 
Part A of title I of the Act (29 U.S.C. 1511 et seq.) is amended 
by adding at the end the following new section: 
"RECAPTURE AND REALLOTMENT OF UNOBLIGATED FUNDS 
29USC1519. 
"SEC. 109. (a) WITHIN STATE REALLOCATIONS.— 
"(1) IN GENERAL.—For program years beginning on or after 
July 1, 1993, the Governor shall, in accordance with the require-
ments of this subsection, reallocate to eligible service delivery 
areas within the State funds appropriated for such program 
year that are available for reallocation. 
"(2) AMOUNT.—^The amount available for reallocation is equal 
to the amount by which the unobligated balance of the service 
delivery area allocation under part A or C of title II for all 
service delivery areas within the State at the end of the pro-
gram year prior to the program year for which the determina-
tion under this subsection is made exceeds 15 percent of such 
allocation for the prior program year. 
"(3) REALLOCATION.—The Governor shall reallocate 
the 
amounts available pursuant to paragraph (2) to eligible service 
delivery areas within the State that have the highest rates 
of unemployment for an extended period of time and to those 
with the highest poverty rates. 
"(4) ELIGIBILITY.—For purposes of this subsection, an eligible 
service delivery area means a service delivery area that has 
obligated at least 85 percent of its allocation under part A 
or C of title II, respectively, for the program year prior to 
the program year for which the determination under this sub-
section is made. 
"(b) REALLOTMENT AMONG STATES.— 
"(1) IN GENERAL.—For program years beginning on or after 
July 1, 1993, the Secretary shall, in accordance with the 
requirements of this subsection, reallot to eligible States funds 
appropriated for such program year that are available for 
reallotment. 
"(2) AMOUNT.—^The amount available for reallotment is equal 
to the amount by which the unobligated balance of the State 
allotment under part A or C of title II, respectively, for all 
States at the end of the program year prior to the program 
year for which the determination under this subsection is made 
exceeds 15 percent of such allotment for that prior program 
year. 
"(3) REALLOTMENT.—The Secretary shall reallot the amounts 
available pursuant to paragraph (2) to each eligible State an 
amount based on the relative amount allotted to such eligible 
State under part A or C of title II, respectively, for the program 
year the determination under this subsection is made compared 
to the total amount allotted to all eligible States under part 
A or C of title II, respectively, for such program year. 
"(4) ELIGIBILITY.—For purposes of this subsection, an eligible 
State means a State that has obligated at least 85 percent 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1037 
of its allocation under part A or C of title II, respectively, 
for the program year prior to the program year for which 
the determination under this subsection is made. 
"(5) PROCEDURES.—^The Grovemor of each State shall prescribe 
uniform procedures for the obligation of funds by service deliv-
ery areas within the State in order to avoid the requirement 
that fimds be made available for reallotment under this sub-
section. The Governor shall further prescribe equitable proce-
dures for making funds avedlable from the State and service 
delivery areas in the event that a State is required to make 
funds aveiilable for reallotment under this subsection. 
"(d) CALCULATION.—Funds obligated to carry out programs xmder 
section 204(d) shall not be counted in determining the amount 
available for reallocation under subsection (a)(2) or the amount 
available for reallotment under subsection (b)(2).". 
Subtitle C—^Additional State 
Responsibilities 
SEC. 121. GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN. 
(a) REQUIREMENTS FOR PLAN.—Section 121(b) of the Act (29 
U.S.C. 1531(b)) is amended— 
(1) by striking paragraph (2) and inserting the following: 
"(2) The plan shall describe the measures taken by the State 
to ensure coordination and avoid dupHcation between the State 
agencies administering the JOBS program and programs under 
title II in the plginning and delivery of services. The plan shall 
describe the procedures developed by the State to ensure that 
the State JOBS plan is consistent with the coordination criteria 
specified in this plan and identify the procedures developed to 
provide for the review of the JOBS plan by the State Job Training 
Coordinating Council."; 
(2) by redesignating paragraphs (3), (4), (5), and (6) as para-
graphs (4), (5), (6), and (7), respectively; and 
(3) by inserting the following new paragraph after paragraph 
(2): 
"(3) The plan shall describe the projected use of resources, includ-
ing oversight of program performance, program administration, and 
program financial management, capacity building, priorities and 
criteria for State incentive grants, and performance goals for State-
supported programs. The description of capacity building shall 
include the Governor's plans for technical assistance to service 
delivery areas and service providers, interstate technical assistance 
and training arrangements, other coordinated technical assistance 
arrangements undertaken pursuant to the direction of the Sec-
retary, and, where applicable, resesirch and demonstration projects. 
(b) CONFORMING AMENDMENTS.—Section 121(c) of the Act (29 
U.S.C. 1531(c)) is amended— 
(1) in paragraph (7), by inserting after the paragraph designa-
tion the following: "coordination of activities relating to part 
Aoftitlellwith"; 
(2) by striking "and" at the end of paragraph (10); 
(3) by striking the period at the end of paragraph (11) and 
inserting "; and"; and 
(4) by adding at the end the following new paragraph: 
106 STAT. 1038 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(12) making available to service delivery areas appropriate 
information and technical assistance to assist in developing 
and implementing joint programs, including youth corps 
programs, in which activities supported under this Act are 
coordinated with activities supported under the National £ind 
Community Service Act of 1990 (42 U.S.C. 12501 et seq.).". 
SEC. 122. STATE EDUCATION COORDINATION AND GRANTS. 
Section 123 of the Act (29 U.S.C. 1533) is amended to read 
as follows: 
"STATE EDUCATION COORDINATION AND GRANTS 
"SEC. 123. (a) ALLOTMENT.— 
"(1) IN GENERAL.—^The Secretary shall allot to the Governor 
for allocation to any State education agency the sums made 
available to carry out this section under sections 202(c)(1)(C) 
and 262(c)(1)(C) to pay for the Federal share of carrying out 
the projects described in paragraph (2). In allocating such funds 
to the State education agency, the Governor shall not establish 
requirements governing the geographic distribution of funds 
under this section. 
"(2) PROJECTS.—Funds allocated under paragraph (1) may 
be used to pay for the Federal share of carrying out projects 
(in accordance with agreements under subsection (b)) that— 
"(A) provide school-to-work transition services of dem-
onstrated effectiveness that increase the rate of graduation 
from high school, or completion of the recognized equivalent 
thereof, including services that increase the rate at which 
school dropouts return to regular or alternative schooling 
and obtain a high school degree or its equivalent, and, 
which may include, services to support multiyear dropout 
prevention programs of demonstrated effectiveness; 
"(B) provide literacy and lifelong learning opportunities 
and services of demonstrated effectiveness that— 
"(i) enhance the knowledge and skills of education-
ally and economically disadvantaged individuals; and 
"(ii) result in increasing the employment and earn-
ings of such individuals; 
"(C) provide statewide coordinated approaches, including 
model programs, to train, place, and retain women in non-
traditional employment; and 
"(D)(i) facilitate coordination of education and training 
services for eligible participants in projects described in 
subparagraphs (A), (B), and (C); or 
"(ii)(I) support activities pertaining to a State human 
resources investment council that meets the requirements 
of title VII and includes each of the programs described 
in clauses (i) through (vii) of section 701(b)(2)(A); or 
"(II) support activities pertaining to a State council, 
which carries out functions similar to the functions of the 
State human resource investment coiuicil described in 
title VII, if such State council was established prior to 
July 1,1992. 
"(3) FEDERAL SHARE.—The Federal share of the cost of carry-
ing out the projects described in paragraph (2) shall be 50 
percent. 
"(b) AGREEMENTS REQUIRED.— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1039 
"(1) PARTIES TO AGREEMENTS.—^The projects described in sub-
section (aX2) shall be conducted within a State in accordance 
with agreements that— 
(A) reflect the goals and services described in paragraphs 
(1), (2), and (3) of subsection (c); and 
"(B) are developed between the State education agency, 
administrative entities in service deUvery areas in the 
State, and other entities, such as other State agencies, 
local educational agencies, and alternative service providers 
(such as commimity-based and other nonprofit or for-profit 
organizations). 
"(2) CONTENTS OF AGREEMENTS.— 
"(A) CONTRIBUTION.—^The agreements described in para-
graph (1) shall provide for the contribution by the State, 
from fiuids other than the funds made available under 
this Act, of a total amoimt equal to the funds allotted 
under this section. 
"(B) DIRECT COST OF SERVICES.—Such amount may 
include the direct cost of emplojnnent or training services— 
"(i) provided by State or local programs or agencies; 
or 
"(ii) provided by other Federal programs or agencies 
in accordance witii applicable Federal law. 
"(c) GOVERNOR'S PLAN REQUIREMENTS.—The State education 
agency shall submit for inclusion in the Governor's coordination 
and special services plan a description developed jointly by the 
State education agency and the Grovemor o
f
— 
"(1) the goals to be achieved and services to be provided 
by the school-to-work transition programs specified in sub-
section (a)(2XA) that will receive the assistance, which descrip-
tion shall, at a minimum, include information regarding— 
"(A) the activities and services that will result in increas-
ing the number of youth staying in or returning to school 
and graduating from high school or the equivalent; 
"(B) the work-based curriculum that will link classroom 
learning to work site experience and address the practical 
and theoretical aspects of work; 
"(C) the opportunities that will be made available to 
participants to obtain career-path employment and post-
secondary education; 
"(D) the integration to be achieved, in appropriate cir-
cumstances, in the delivery of services between State and 
local educational agencies and alternative service providers, 
such as community-based and nonprofit organizations; and 
"(E) the linkages that will be established, where feasible, 
to avoid duplication and enhance the delivery of services, 
with programs under— 
"(i) title II and part B of title IV; 
"(ii) the Elementary and Secondary Education Act 
(20U.S.C.2701etseq.); 
"(iii) the Carl D. Perkins Vocational and AppUed 
Technology Education Act (20 U.S.C. 2301 et seq.); 
"(iv) the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.); 
"(v) the Adult Education Act (20 U.S.C. 1201 et 
seq.); 
"(vi) the JOBS program; 
106 STAT. 1040 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(vii) the Stewart B. McKinney Homeless Assistance 
Act (Public Law 100-77; 101 Stat. 482); and 
"(viii) the National and Community Service Act of 
1990 (42 U.S.C. 12501 et seq.); 
"(2) the goals to be achieved and services to be provided 
by literacy and lifelong learning programs specified in sub-
section (a)(2)(B) that will receive the assistance, which descrip-
tion shall, at a minimum, include information regarding— 
"(A) the activities and services that will increase the 
knowledge and skills of educationally and economically dis-
advantaged individuals, and result in increased employ-
ment and earnings for such individuals; 
"(B) the integration to be achieved between projects 
assisted under this section and the 4-year State plan (and 
related needs assessment carried out for the plan) devel-
oped in accordance with section 342 of the Adult Education 
Act (20 U.S.C. 1206a); 
"(C) the variety of settings, including workplace settings, 
in which literacy training and learning opportunities will 
be provided; and 
"(D) the linkages that will be established, where feasible, 
to avoid duplication and enhance the delivery of services, 
with programs under— 
"(i) titles II and III; 
"(ii) the Adult Education Act; 
"(iii) the Carl D. Perkins Vocational and Applied 
Technology Education Act; 
"(iv) the Stewart B. McKinney Homeless Assistance 
Act; 
"(v) the JOBS program; 
"(vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 
et seq.); 
"(vii) the National Literacy Act of 1991 (Public Law 
102-73); 
"(viii) the Emergency Immigrant Education Act of 
1984 (20 U.S.C. 3121 et seq.); and 
"(ix) the National and Community Service Act of 
1990; 
"(3) the goals to be achieved and services to be provided 
by the nontraditional employment for women programs speci-
fied in subsection (a)(2)(C) that will receive the assistance; 
and 
"(4) the proportion of funds received under this section that 
will be used to achieve the goals, and provide the services, 
described in paragraphs (1), (2), and (3). 
"(d) SERVICE REQUIREMENTS.— 
"(1) PERMITTED SERVICES.—Services funded under this section 
to carry out the projects described in subsection (a)(2) may 
include education and training, vocational education services, 
and related services, provided to participants under title II. 
In addition, services funded under this section may include 
services for offenders, veterans, and other individuals who the 
Governor determines require special assistance. 
"(2) LIMITATIONS ON EXPENDITURES.— 
"(A) COORDINATION OF SERVICES.—Not more than 20 per-
cent of the funds allocated under this section may be 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1041 
expended to pay for the Federal share of projects described 
in subsection (a)(2)(D) at the State and local levels. 
"(B) SCHOOL-TO-WORK SERVICES; LITERACY AND LIFELONG 
LEARNING SERVICES.—Not less than 80 percent of the funds 
allocated under this section shall be expended to pay for 
the Federal share of projects conducted in accordance with 
subparagraphs (A), (B), and (C) of subsection (a)(2). 
"(C) 
ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Not 
less than 75 percent of the funds allocated for projects 
under subparagraphs (A), (B), and (C) of subsection (a)(2) 
shall be expended for projects for economically disadvan-
taged individuals who experience barriers to employment. 
Priority for funds not expended for the economically dis-
advantaged shall be given to title III participants and 
persons with barriers to employment. 
"(e) DISTRIBUTION OF FUNDS IN ABSENCE OF AGREEMENT.—If no 
agreement is reached in accordance with subsection (b) on the 
use of funds under this section, the funds shall be available to 
the Governor to achieve the goals and provide the services described 
in paragraph (1), (2), or (3) of subsection (c). 
"(f) REPORTS AND RECORDS.— 
"(1) REPORTS BY GOVERNORS.—The Governor shall prepare 
reports on the projects funded under this section, including 
such information as the Secretary may require to determine 
the extent to which the projects supported under this section 
result in achieving the goals specified in paragraphs (1), (2), 
and (3) of subsection (c). The Governor shall submit the reports 
to the Secretary at such intervals as shall be determined by 
the Secretary. 
"(2) RECORDS AND REPORTS OF RECIPIENTS.—Each direct or 
indirect recipient of funds under this section shall keep records 
that are sufficient to permit the preparation of reports. Each 
recipient shall submit such reports to the Secretary, at such 
intervals as shall be determined by the Secretary.". 
SEC. 123. roENTIFICATION OF ADDITIONAL IMPOSED REQUIRE-
MENTS. 
Section 124 of the Act (29 U.S.C. 1534) is amended to read 
as follows: 
"IDENTIFICATION OF ADDITIONAL IMPOSED REQUIREMENTS 
"SEC. 124. If a State or service delivery area imposes a require-
ment, including a rule, regulation, policy, or performance standard, 
relating to the administration and operation of programs funded 
by this Act (including requirements based on State or service deliv-
ery area interpretation of any Federal law, regulation, or guideline) 
the State or area shall identify the requirement as a State- or 
service delivery area-imposed requirement.". 
SEC. 124. STATE LABOR MARKET INFORMATION PROGRAMS. 
Section 125(a) ofthe Act is amended— 
29USC1535. 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
59-194 O—93 
6:QL3(Pt. 2) 
106 STAT. 1042 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(6) provide training and technical assistance to support com-
prehensive career guidance and participant activities for local 
programs assisted under this Act. . 
Subtitle D—^Program Requirements for 
Service Delivery System 
SEC. 
1
3
1
. 
GENERAL 
PROGRAM 
REQUIREMENTS. 
(a) RELOCATION.—Section 141(c) of the Act (29 U.S.C. 1551(c)) 
is amended to read as follows: 
"(c)(1) No funds provided under this Act shall be used or proposed 
for use to encourage or induce the relocation, of an establishment 
or part thereof, that results in a loss of employment for £iny 
employee of such establishment at the original location. 
"(2) No funds provided under this Act shall be used for customized 
or skill treiining, on-the-job training, or company specific assess-
ments of job applicants or employees, for any establishment or 
part thereof, that has relocated, until 120 days after the date 
on which such establishment commences operations at the new 
location, if the relocation of such establishment or part thereof, 
results in a loss of employment for any employee of such establish-
ment at the original location. 
"(3) If a violation of paragraph (1) or (2) is alleged, the Secretary 
shall conduct an investigation to determine whether a violation 
has occurred. 
"(4) If the Secretary determines that a violation of paragraph 
(1) or (2) has occurred, the Secretary shall require the State, service 
delivery area, or substate grantee that has violated paragraph 
(1) or (2) to— 
"(A) repay to the United States an amount equal to the 
amount expended in violation of paragraph (1) or (2), in accord-
ance with subsection (d) or (e) of section 164; and 
"(B) pay an additional amount equal to the amount required 
to be repaid under subparagraph (A), unless the State, service 
delivery area, or substate grantee demonstrates to the Secretary 
that it neither knew nor reasonably could have known (after 
an inquiry undertaken with due diligence) that it provided 
funds in violation of paragraph (1) or (2). 
"(5) Amounts received under paragraph (4)(B) shall be deposited 
in a special account in the Treasury for use by the Secretary 
for carrying out title III.". 
(b) CHARGING OF COSTS.—Section 141(d)(3) of the Act (29 U.S.C. 
1551(d)(3)) is amended— 
(1) by inserting "(A)" after the paragraph (3) designation; 
and 
(2) by inserting the following new subparagraphs: 
"(B) Tuition chgirges for training or education provided by an 
institution of higher education (as defined in section 1201(a) of 
the Higher Education Act of 1965 (20 U.S.C. 1141(a))) or a propri-
etary institution of higher education (as defined in section 481(b) 
of such Act (20 U.S.C. 1088(b))), that are not more than the charges 
for such training or education made available to the general public, 
do not require a breakdown of cost components. 
"(C) With respect to funds provided from the allocation to a 
service delivery area for any program year that are expended by 
any community-based organization or nonprofit organization for 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1043 
the cost of administration under part A or C of title II, the service 
delivery area sh£dl not be subject to the Umitation contained in 
section 108(bX4)(A) if— 
"(i) such funds are expended pursuant to an agreement under 
which not less than 90 percent of the funds provided to the 
community-based organization or nonprofit organization are 
to be expended for the costs of direct training and training-
related and supportive services; 
"(ii) the expenditures of such funds are charged by the service 
delivery area to the appropriate cost category; 
"(iii) the expenditure of such funds does not result in the 
service delivery area exceeding the limitation contained in sec-
tion 108(b)(4)(A) by more than 25 percent of such limitation; 
and 
"(iv) the service delivery area is in compli£uice with the limita-
tion contained in section 108(b)(4)(B) for such program year, 
except that such limitation shall be reduced by a percentage 
equ£il to one-half of the percentage by which the expenditures 
of the service delivery area under this subparagraph exceed 
the limitation under section 108(b)(4)(A).". 
(c) PLACEMENT.—Section 141(d) of the Act (29 U.S.C. 1551(d)) 
is amended by adding at the end the following new paragraph: 
"(4) Placements made in unsubsidized employment shall be, to 
the extent practicable, in occupational areas related to the training 
provided to the participeuit.". 
(d) SERVICE DELIVERY AREA AGREEMENTS.—Section 141(e) of the 
Act (29 U.S.C. 1551(e)) is amended— 
(1) by inserting "(1)" after "(e)"; and 
(2) by adding at the end the following new paragraph: 
"(2) Any service delivery area may enter into an agreement or 
contract with another service delivery area (including a service 
delivery area that is a city or county within the same labor market) 
to pay or share the cost of educating, training, or placing individuals 
participating in programs assisted under this Act, including the 
provision of supportive services. Such agreement or contract shall 
be approved by each private industry council providing guidance 
to the service delivery area and shall be described in the job 
training plan under section 104.". 
(e) ON-THE-JOB TRAINING.—Section 141(g) of the Act (29 U.S.C. 
1551(g)) is amended— 
(1) by inserting "(1)" after "(g)"; and 
(2) by adding at the end the following new paragraphs: 
"(2) On-the-job training authorized under the Act for a participant 
shall be limited in duration to a period not in excess of that 
generally required for acquisition of skills needed for the position 
within a particular occupation, but in no event shall exceed 6 
months, unless the total number of hours of such training is less 
than 500 hours. In determining the period generally required for 
acquisition of the skills, consideration shall be given to recognized 
reference material (such as the Dictionary of Occupational Titles), 
the content of the training of the participant, the prior work experi-
ence of the participant, and the service strategy of the participant. 
"(3)(A) Each on-the-job training contract shall— 
"(i) specify the types and duration of on-the-job training and 
the other services to be provided in sufficient detail to allow 
for a fair analysis of the reasonableness of proposed costs; 
and 
106 STAT. 1044 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(ii) comply with the appUcable requirements of section 164. 
"(B) Each on-the-job training contract that is not directly con-
tracted by a service delivery area with an employer (but instead 
is contracted through an intermediary brokering contractor) shall, 
in addition to meeting the requirements of subparagraph (A), specify 
the outreach, recruitment, participant training, counseling, place-
ment, monitoring, foUowup, and other services to be provided 
directly by the brokering contractor within its own organization, 
the services to be provided by the employers conducting the on-
the-job training, and the services to be provided, with or without 
cost, by other agencies and subcontractors. 
"(C) If a brokering contractor enters into a contract with a sub-
contractor to provide training or other services, the brokering con-
tractor shall ensure, through on-site monitoring, compliance with 
subcontract terms prior to making payment to the subcontractor. 
"(4) In accordance with regulations issued by the Secretary, on-
the-job training contracts under this Act shall not be entered into 
with employers who have received payments under previous con-
tracts and have exhibited a pattern of failing to provide on-the-
job training participants with continued long-term employment as 
regular employees with wages and employment benefits (including 
health benefits) and working conditions at the same level and 
to the same extent as other employees working a similar length 
of time and doing the same type of work.". 
(f) TRAINING SERVICES REQUIREMENT FOR SUBSIDIZED EMPLOY-
MENT.—Section 141(k) of the Act (29 U.S.C. 1551(k)) is amended 
by striking "section 205(d)(3)(B)" and inserting "subparagraphs (F) 
and (H) of section 264(c)(1)". 
(g) PROGRAM INCOME.—Section 141(m) of the Act (29 U.S.C. 
155l(m)) is amended to read as follows: 
"(m)(l) Income under any program administered by a public or 
private nonprofit entity may be retained by such entity only if 
used to continue to carry out the program. 
"(2) Income subject to the requirements of paragraph (1) shall 
include— 
"(A) receipts from goods or services (including conferences) 
provided as a result of activities funded under the Act; 
"(B) funds provided to a service provider imder the Act that 
are in excess of the costs associated with the services provided; 
and 
"(C) interest income earned on funds received under this 
Act. 
"(3) For the purposes of this subsection, each entity receiving 
financial assistance under this Act shall maintain records sufficient 
to determine the amount of income received and the purposes 
for which such income is expended.". 
(h) CROSS REFERENCE.—Section 141(p) of the Act (29 U.S.C. 
155 l(p)) is amended by striking "part A of title 11" and inserting 
"part A or C of title IF. 
(i) ADDITIONAL REQUIREMENTS.—Section 141 of the Act is fiu-ther 
amended by adding at the end the following new subsections: 
"(q) No funds available under this Act shall be used for employ-
ment generating activities, economic development activities, invest-
ment in revolving loan 
funds, 
capitalization of businesses, 
investment in contract bidding resource centers, and similar activi-
ties. No funds imder title II or III of this Act shall be used for 
foreign travel. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1045 
"(r) The Federal requirements governing the title, use, and dis-
position of real property, equipment, and supplies purchased with 
funds provided under this Act shall be the Federal requirements 
generally applicable to Federal grants to States and local govern-
ments.". 
SEC. 132. BENEFITS. 
Section 142 of the Act (29 U.S.C. 1552) is amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
"(4) References in paragraphs (2) and (3) to section 6(aXl) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1))— 
"(A) shall be deemed to be references to section 6(c) of that 
Act for individuals in the Commonwealth of Puerto Rico; 
"(B) shall be deemed to be references to section 6(aX3) of 
that Act for individuals in American Samoa; and 
"(C) 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."; and 
(2) in subsection (b), by striking "other than programs" and 
inserting "other th£ui as provided". 
SEC. 133. LABOR STANDARDS. 
Section 143(b)(2) of the Act (29 U.S.C. 1553(b)(2)) is amended 
to read as follows: 
"(2) No program under this Act shall impair— 
"(A) existing contracts for services; or 
"(B) existing collective bargaining agreements, unless the 
employer and the labor organization concur in writing with 
respect to any elements of the proposed activities which affect 
such agreement, or either such party fails to respond to written 
notification requesting its concurrence within 30 days of receipt 
thereof". 
SEC. 134. GRIEVANCE PROCEDURE. 
(a) IN GENERAL.—Section 144 of the Act (29 U.S.C. 1554) 
is 
amended by adding at the end the following new subsections: 
"(d)(1) If a person alleges a violation of section 143 and such 
person exhausts the recipient's grievance procedure or the 60-day 
time period described in subsection (a) has elapsed without a deci-
sion, either party to such procedure may submit the grievance 
to the Secretary. The Secretary shall investigate the allegations 
contained in the grievance and make a determination as to whether 
a violation of section 143 has occurred. 
"(2) If the results of the investigation conducted pursuant to 
paragraph (1) indicate that a modification or reversal of the decision 
issued pursuant to the recipient's grievance procedure is warranted, 
or the 60-day time period described in subsection (a) has elapsed 
without a decision, the Secretary may modify or reverse the decision, 
or issue a decision if no decision has been issued, as the case 
may be, after an opportunity for a hearing in accordance with 
the procedures under section 166. 
"(3) If the Secretary determines that the decision issued pursuant 
to the recipient's grievance procedure is appropriate, the determina-
tion shall become the final decision of the Secretary. 
"(e)(1) A person alleging a violation of section 143 may, as an 
alternative to the procedures described in this section, submit the 
grievance involving such violation to a binding grievance procedure 
106 STAT. 1046 
PUBLIC LAW 102-367—SEPT. 7, 1992 
if a collective bargaining agreement covering the parties to the 
grievance so provides. 
"(2) The remedies available under paragraph (1) shall be limited 
to the remedies available under subsection (i)(l)(C) and subsection 
(f)(2). 
"(f)(1) Except as provided in paragraph (2), remedies available 
to grievants under this section for violations of section 143 shall 
be limited to— 
"(A) suspension or termination of payments under this Act; 
"(B) prohibition of placement of a participant, for an appro-
priate period of time, in a program under this Act with an 
employer that has violated section 143, as determined under 
subsection (d) or (e); and 
"(C) appropriate equitable relief (other than back pay). 
"(2) In addition to the remedies available under paragraph (1), 
remedies available under this section for violations of subsection 
(a)(4), paragraphs (1) and (3) of subsection (b), and subsection 
(d) of section 143 may include— 
"(A) reinstatement of the grievant to the position held by 
such grievant prior to displacement; 
"(B) payment of lost wages and benefits; euid 
"(C) reestablishment of other relevant terms, conditions, and 
privileges of employment. 
"(g) Nothing in subsection (f) shall be construed to prohibit a 
grievant from pursuing a remedy authorized under another Federal, 
State, or local law for a violation of section 143.". 
(b) CONFORMING AMENDMENT.—Section 166(a) of the Act (29 
U.S.C. 1576(a)) is amended in the 3rd sentence by inserting "section 
141(c), subsections (d) and (e) of section 144, or" eifter "Except 
to the extent provided for in". 
Subtitle E—Federal and Fiscal 
Administrative Provisions 
SEC. 
1
4
1
. 
PROMPT 
ALLOCATION 
OF 
FUNDS. 
Section 162 of the Act (29 U.S.C. 1572) is amended by adding 
at the end the following new subsection: 
"(f) When contracting with nonprofit organizations of dem-
onstrated effectiveness, the Secretary, States, substate areas, and 
service delivery areas may make advance payments, provided that 
such payments are based on the financial need of such organization 
and are not in excess of 20 percent of the total contract amount.". 
SEC. 142. FISCAL CONTROLS; SANCTIONS. 
29 use 1574. 
(a) FISCAL CONTROLS.—Section 164(a) of the Act (29 U.S.C. 
1579(a)) is amended to read as follows: 
"(a)(1) 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 paid to the recipient 
under titles II and III. Such procedures shall ensure that all finan-
cial transactions are conducted and records maintained in accord-
ance with generally accepted accounting principles applicable in 
each State. 
Regulations. 
"(2) The Secretary shall prescribe regulations establishing uni-
form cost principles substantially equivalent to such principles 
generally applicable to recipients of Federal grants funds. At a 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1047 
minimum, such standards shall provide that, to be allowable, costs 
must— 
"(A) be necessary and reasonable for proper and efficient 
administration of the program under this Act; 
"(B) be allocable to the program under this Act; and 
"(C) not be a general expense required to carry out the 
overall responsibilities of State, local, or federally recognized 
Indian tribal governments except as specifically provided by 
this Act. 
"(3) The Governor, in accordance with minimum requirements 
established by the Secretary in regulations, shall prescribe and 
implement procurement standards to ensure fiscal accountability 
and prevent fraud and abuse in programs administered under this 
Act. The Secretary, in establishing such minimum requirements, 
shall consult with the Inspector General of the Department of 
Labor and take into consideration relevant aspects of the circulars 
issued by the Director of the Office of Management and Budget. 
Such minimum requirements shall include provisions to ensure 
that for States, substate areas, and service delivery areas— 
"(A) procurements shall be conducted in a manner providing 
full and open competition; 
"(B) the use of sole source procurements shall be minimized 
to the extent practicable, but in every case shall be justified; 
"(C) procurements shall include an appropriate analysis of 
the reasonableness of costs and prices; 
"(D) procurements shall not provide excess program income 
(for nonprofit and governmental entities) or excess profit (for 
private for-profit entities), and that appropriate factors shall 
be utilized in determining whether such income or profit is 
excessive, such as— 
"(i) the complexity of the work to be performed; 
"(ii) the risk borne by the contractor; and 
"(iii) market conditions in the surrounding geographical 
area; 
"(E) procurements shall clearly specify deliverables and the 
basis for payment; 
"(F) written procedures shall be established for procurement 
transactions; 
"(G) no grantee, contractor, subgrantee, or subcontractor shall 
engage in any conflict of interest, actual or apparent, in the 
selection, award, or administration of a contract or grant under 
this Act; 
"(H) all grantees and subgrantees shall conduct oversight 
to ensure compliance with procurement standards; and 
"(I) procurement transactions between units of State or local 
governments, and any other entities organized principally as 
the administrative entity for service delivery areas, shall be 
conducted on a cost reimbursable basis. 
"(4) The Governor shall annually conduct on-site monitoring of 
each service delivery area and substate area within the State to 
ensure compliance with the procurement st£indards established 
pursuant to paragraph (3). 
"(5) If the Governor determines that a service delivery area or 
substate area is not in compliance with the procurement standards 
established pursuant to paragraph (3), the Governor shall— 
"(A) require corrective action to secure prompt compliance; 
and 
106 STAT. 1048 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(B) impose the sanctions provided under subsection (b) in 
the event of failure to take the required corrective action. 
"(6) The Governor shall biennially certify to the Secretary that— 
"(A) the State has implemented the procurement standards 
established under paragraph (3); 
"(B) the State has monitored substate areas and service deliv-
ery areas to ensure compliance with the procurement standards 
as required under paragraph (4); and 
"(C) the State has taken appropriate action to secure compli-
ance pursuant to paragraph (5). 
"(7) 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 compliance; 
and 
"(B) impose the sanctions provided under subsection (f) in 
the event of failure of the Governor to take the required correc-
tive action. 
Reports. 
"(8) The Secretary, in consultation with the Inspector General, 
shall review the implementation of this subsection and submit 
a report to the appropriate committees of the Congress, not later 
than October 1, 1995, evaluating the effectiveness of this subsection 
in ensuring fiscal accountability and containing such recommenda-
tions as the Secretary determines to be appropriate.". 
(b) CONSEQUENCES OF FAILURES.—Section 164(b) of the Act (29 
U.S.C. 1574(b)) is amended to read as follows: 
"(b)(1) If, as a result of financial and compliance audits or other-
wise, the Governor determines that there is a substantial violation 
of a specific provision of this Act or the regulations under this 
Act, 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 plan affected; or 
"(B) impose a reorganization plan, which may include— 
"(i) restructuring the private industry council involved; 
"(ii) prohibiting the use of designated service providers; 
"(iii) selecting an alternative entity to administer the 
program for the service delivery area involved; 
"(iv) merging the service delivery area into 1 or more 
other existing service delivery areas; or 
"(v) other such changes as the Secretary or Governor 
determines necessary to secure compliance. 
"(2)(A) The actions taken by the Governor pursuant to paragraph 
(1)(A) may be appealed to the Secretary under the same terms 
and conditions as the disapproval of the plan and shall not become 
effective until— 
"(i) the time for appeal has expired; or 
"(ii) the Secretary has issued a decision. 
"(B) The actions taken by the Governor pursuant to paragraph 
(1)(B) may be appealed to the Secretary, who shall make a final 
decision not later than 60 days of the receipt of the appeal. 
"(3) If the Governor fails to promptly take the actions required 
under paragraph (1), the Secretary shall take such actions.". 
SEC. 143. REPORTS, RECORDKEEPING, AND INVESTIGATIONS. 
(a) STANDARDIZED RECORDS.—Section 165(a) of the Act (29 U.S.C. 
1575(a)) is amended by adding at the end the following new para-
graphs: 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT, 1049 
"(3) In order to allow for the preparation of national estimates 
necessary to meet the requirements of subsection (c), recipients 
shall m£dntain standardized records for all individual participants 
and provide to the Secretary a sufficient number of such records 
to provide for an adequate analysis. 
"(4)(A) Except as provided in subparagraph (B), records medn-
tained by recipients pursuant to this subsection shall be made 
available to the public upon request. 
"(B) Subparagraph (A) shall not apply to— 
"(i) information, the disclosure of which would constitute 
a clearly unwarranted invasion of personal privacy; and 
"(ii) trade secrets, or commercial or financial information, 
obtained from a person and privileged or confidential. 
"(C) Recipients may charge fees sufficient to recover costs 
applicable to the processing of requests for records under subpara-
graph (A).". 
(b) AUDIT NOTICE.—Section 165(b) is amended by adding the 29 use 1575. 
following new paragraph: 
"(3)(A) In carrying out any audit under this Act (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, or the Comptroller General 
shall furnish to the State, administrative entity, 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 fewer than 14 days (or as soon 
as practicable), prior to the commencement of the audit. 
"(B) If the scope, objectives, 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) The reports on the results of such audits shall cite the 
law, regulation, policy, or other criteria applicable to any finding. 
"(D) Nothing contained in this Act shall be construed so as 
to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. 
App.) or government auditing standards issued by the Comptroller 
General.". 
(c) MONITORING OF SERVICE PROVIDERS.—Section 165(c) of the 
Act (29 U.S.C. 1575(c)) is amended to read as follows: 
"(c) Each State, each administrative entity, and each recipient 
(other than a subrecipient, grantee or contractor of a recipient) 
receiving funds under this Act shall— 
"(1) make readily accessible reports concerning its operations 
and expenditures as shall be prescribed by the Secretary; 
"(2) 
prescribe 
and maintain 
comparable 
management 
information systems, in accordance with guidelines that shall 
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 and 
service delivery area bases, necessary for reporting, monitoring, 
and evaluating purposes, including data necessary to comply 
with section 167; and 
"(3) monitor the performance of service providers in complying 
with the terms of grants, contracts, or other agreements made 
pursuant to this Act.". 
(d) REPORT INFORMATION; RECORD RETENTION.—Section 165 of 
the Act is further amended by adding the following new subsections: 
106 STAT. 1050 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(d)(1) The reports required in subsection (c) shall include 
information pertaining to— 
"(A) the relevant demographic characteristics (including race, 
ethnicity, sex, and age) and other related information regarding 
participants; 
"(B) the activities in which participants are enrolled, and 
the length of time that participants are engaged in such activi-
ties; 
"(C) program outcomes, including occupations, for partici-
pants; 
"(D) specified program costs; and 
"(E) information necessary to prepare reports to comply with 
section 167. 
"(2) The Secretary shall ensure that all elements of the informa-
tion required for the reports described in paragraph (1) are defined 
and reported uniformly. 
"(e) The Governor shall ensure that requirements are established 
for retention of all records pertinent to all grants awarded, and 
contracts and agreements entered into, under this Act, including 
financial, statistical, property and participant records and support-
ing documentation. For funds allotted to a State for any program 
year, records shall be retained for 2 years following the date on 
which the annual expenditure report containing the final expendi-
tures charged to such program year's allotment is submitted to 
the Secretary. Records for nonexpendable property shall be retained 
for a period of 3 years after final disposition of the property. 
"(f)(1) Each substate grantee and service delivery area shall sub-
mit quarterly financial reports to the Governor with respect to 
programs under this Act. Such reports shall include information 
identifying all program costs by cost category in accordance with 
generally accepted accounting principles and by year of the appro-
priation. 
"(2) Each State shall submit a summary of the reports submitted 
pursuant to paragraph (1) to the Secretary on a quarterly basis. 
"(g) Each State, substate grantee, and service delivery area shall 
maintain records with respect to programs under this Act that 
identify— 
"(1) any program 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. 
"(h)(1) The Secretary shall conduct a biennial study on the provi-
sion of supportive services under programs conducted pursuant 
to title X
L Such study shall identify— 
"(A) the amount and proportion of funds expended for 
supportive services under title II; 
"(B) the types of supportive services provided; 
"(C) the relative share of funds expended for each type of 
supportive service; 
"(D) the characteristics of the participants receiving support-
ive services; and 
"(E) such other factors as the Secretary determines to be 
appropriate. 
"(2) The Secretary shall submit a report to the Congress contain-
ing the results of each study conducted pursuant to paragraph 
(1).". 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1051 
SEC. 144. NONDISCRIMINATION. 
Section 167 of the Act (29 U.S.C. 1577) is amended by adding 
at the end the following new subsections: 
"(e)(1) The head of the office of the Department of Labor referred Reports 
to as the 'Directorate for Civil Rights' shall annually prepare a 
report on the administration and enforcement of this section. 
"(2) The report required by paragraph (1) shall include— 
"(A) an identification of the service delivery areas and States 
that have been determined, during the preceding program year, 
not to be in compUemce with this section; 
"(B) jFor each such identification, the date on which the inquiry 
was begun and whether the inquiry was initiated on the basis 
of a complaint or at the initiative of the Department; 
"(C) an identification of the service delivery areas and States 
awaiting findings by the Directorate; 
"(D) the number of service delivery areas £uid States that, 
during the preceding year, were determined not to be in compli-
ance with this section, and the number for which insufficient 
data prevented the making of such a determination, identifying 
the tjrpe of data which is missing or inadequate; 
"(E) a statistical summary, broken down by race, sex, national 
origin, disability, or age, of the number of inquiries undertaken 
and their outcomes; 
"(F) £in identification of any service delivery area or State 
that has been determined, during the preceding year, to have 
failed to conduct objective assessments as required by sections 
204 and 264 on a nondiscriminatory basis; 
"(G) the amount expended by the Directorate for the adminis-
tration and enforcement of this section, and the number and 
percentage of full-time employees, and the full-time equivalent 
of the part-time employees, engaged in such administration 
and enforcement; 
"(H) the number of onsite visits conducted each year, and 
whether the visits were initiated by the Department or by 
complaint; 
"(I) the number of cases referred to the Attorney General, 
and for such cases— 
"(i) the civil actions taken by the Attorney General 
thereon; and 
"(ii) the use, by the Secretary, of the authority of title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.), the Age Discrimination Act of 1975 (29 U.S.C. 621 
et seq.), or section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794); and 
"(J) a description of any other actions taken by the Secretary 
under or related to the administration and enforcement of 
this section. 
"(3) The report required by this subsection shall be submitted 
to the Congress as part of the Secretary's annual report under 
section 169(d). 
"(f) In addition to £iny other sums authorized to be appropriated 
under Federal law, there are authorized to be appropriated for 
the operations and expenses of the Directorate such sums as may 
be necessary for the purpose of increasing the number of full-
time equivalent personnel available to the Directorate in order 
to comply with the requirements of this section. 
Appropriation 
authorization. 
106 STAT. 1052 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Regulations. 
"(g) The Secretary shall issue final regulations implementing 
this section not later than 90 days after the date of the enactment 
of the Job Training Reform Amendments of 1992.". 
SEC. 145. UTILIZATION OF SERVICES AND FACILITIES. 
Section 170 of the Act (29 U.S.C. 1580) is amended by striking 
"and to the extent" and inserting "under the same conditions 
applicable under section 169(c) or to the extent". 
TITLE II—TRAINING SERVICES FOR THE 
DISADVANTAGED 
SEC. 201. ADULT TRAINING PROGRAM. 
The Act (29 U.S.C. 1501 et seq.) is amended by striking title 
II and inserting the following: 
"TITLE II—TRAINING SERVICES FOR 
THE DISADVANTAGED 
"PART A—ADULT TRAINING PROGRAM 
29USC1601. 
"SEC. 201. STATEMENT OF PURPOSE. 
"It is the purpose of this part to establish programs to prepare 
adults for participation in the labor force by increasing their occupa-
tional and educational skills, resulting in improved long-term 
employability, increased employment and earnings, and reduced 
welfare dependency.". 
SEC. 202. ADULT TRAINING PROGRAM ALLOTMENT AND ALLOCATION. 
Title II of the Act (as amended by section 201) is further amended 
by adding at the end the following: 
29 use 1602. 
"SEC. 202. ALLOTMENT AND ALLOCATION. 
"(a) ALLOTMENT.— 
"(1) TERRITORIES.—Of the amount appropriated under section 
3(a)(1) for each fiscal year and available to carry out this 
part, not more than one-quarter of 1 percent shall be allotted 
among Guam, the Virgin Islands, American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Federated 
States of Micronesia, the Republic of the Marshall Islands, 
and Palau. 
"(2) STATE RESERVATION.—^After determining the amounts to 
be allotted under paragraph (1), the Secretary shall allot 77 
percent of the remainder to the States for allocation to service 
delivery areas within each State. Each State shall allocate 
to each service delivery area within the State the amount 
determined by the Secretary for such service delivery area 
pursuant to the formula contained in subsection (b). The 
remaining 23 percent shall be allotted in accordance with sub-
section (c). 
"(b) ALLOCATION TO SERVICE DELIVERY AREAS.— 
"(1) FORMULA.—Subject to the provisions of paragraph (2), 
of the amounts allocated to service delivery areas for this 
part for each fiscal year— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1053 
"(A) 33 Va percent shall be allocated on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial unemployment within each service 
delivery area as compared to the total number of such 
unemployed individuals in all such areas of substantial 
unemployment in all service delivery areas in all States; 
"(B) 33V3 percent shall be allocated on the basis of the 
relative excess number of unemployed individuals within 
each service delivery area as compared to the total excess 
number of unemployed individuals in all service delivery 
areas in all States; and 
"(C) 33V3 percent shall be allocated on the basis of the 
relative number of economically disadvantaged 
adults 
within each service delivery area as compared to the total 
number of economically disadvantaged adults in all service 
delivery areas in all States, except that for any service 
delivery area described in section 101(a)(4)(A)(iii), the 
allocation shall be based on the higher of the number 
of adults in families with an income below the low-income 
level in such area or the number of economically disadvan-
taged adults in such area. 
"(2) LIMITATIONS.— 
"(A) MINIMUM PERCENTAGE.—No service delivery area 
shall be allocated less than 90 percent of its allocation 
percentage for the fiscal year preceding the fiscal year 
for which the determination is made. 
"(B) MAXIMUM PERCENTAGE.—No service delivery area 
shall be allocated more than 130 percent of its allocation 
percentage for the fiscal year preceding the fiscal year 
for which the determination is made. 
"(C) STATE MINIMUM.—Notwithstanding subparagraphs 
(A) and (B), the total allocation for all service delivery 
areas within any one State shall not be less than one-
a
uarter of 1 percent of the total allocated to all service 
elivery areas in all States. 
"(D) ALLOCATION PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraphs (A) and (B), the alloca-
tion percentage of a service delivery area for a fiscal 
year shall be the percentage of funds allocated to the 
service delivery area under this subsection. 
"(ii) FISCAL YEAR 1992.—For purposes of subpara-
graphs (A) and (B), the allocation percentage of a serv-
ice delivery area for fiscal year 1992 shall be the 
percentage of funds allocated to the service delivery 
area under part A of title II. 
"(c) STATE ACTIVITIES.— 
"(1) DIVISION.—Of the remaining 23 percent of funds available 
for allotment to States under this part for each fiscal year— 
"(A) 5 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
with paragraph (2), for overall administration, manage-
ment, and auditing activities relating to programs under 
this title and for activities described in sections 121 and 
122; 
"(B) 5 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
106 STAT. 1054 
PUBLIC LAW 102-367—SEPT. 7, 1992 
with paragraph (2), to provide incentive grants authorized 
under section 106(b)(7), in accordance with paragraph (3); 
"(C) 8 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
with paragraph (2) to carry out section 123; and 
"(D) 5 percent of the funds available for such allotment 
under this part shall be allotted to carry out section 204(d). 
"(2) FORMULA FOR ALLOTMENT.—The allotments to each State 
described in paragraph (1) shall be based on the relative amount 
of funds allocated to all service delivery areas within such 
State under subsection (b) as compared to the amount of funds 
allocated to all service delivery areas in all States under sub-
section (b). 
"(3) OTHER USES.— 
"(A) CAPACITY BUILDING AND TECHNICAL ASSISTANCE.— 
The Governor may use up to 33 percent of the amount 
allotted under paragraph (1)(B) for providing capacity 
building and technical assistance to service delivery areas 
and service providers. Such use of funds may include the 
development and training of service delivery area and serv-
ice provider staff and the development of exemplary pro-
gram activities. 
"(B) NONDUPLICATION AND COORDINATION.—Funds USed 
; 
under subparagraph (A)— 
"(i) may not be used to duplicate the activities of 
the (Capacity Building and Information and Dissemina-
tion Network established under section 453(b); and 
"(ii) shall, to the extent practicable, be used to coordi-
nate the activities under subparagraph (A) with the 
activities of the Network under section 453(b). 
"(d) DEFINITIONS AND RULE.— 
"(1) DEFINITIONS.—^As used in this section: 
"(A) ECONOMICALLY DISADVANTAGED ADULT.—The term 
'economically disadvantaged adult' means an individual 
who is age 22 through 72 and who has, or is a member 
of a family that has, received a total family income that, 
in relation to family size, was not in excess of the higher 
of— 
"(i) the official poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget 
Reconcihation Act of 1981 (42 U.S.C. 9902(2)); or 
"(ii) 70 percent of the lower living standard income 
level. 
"(B) EXCESS NUMBER.—^The term 'excess number' means, 
with respect to the excess number of unemployed individ-
uals within a service delivery area, the number that rep-
resents the number of unemployed individuals in excess 
of 4.5 percent of the civilian labor force in the service 
delivery area, or the number that represents the number 
of unemployed individuals in excess of 4.5 percent of the 
civilian labor force in areas of substantial unemployment 
in such service delivery area. 
"(C) STATE.—The term 'State' means any of the several 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1055 
"(2) SPECIAL RULE.—For the purposes of this section, the 
Secretary shall, as appropriate and to the extent practicable, 
exclude college students and members of the Armed Forces 
from the determination of the number of economically disadvan-
taged adults.". 
SEC. 203. ADULT TRAINING PROGRAM ELIGIBILITY AND SERVICES. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
"SEC. 203. ELIGIBILITY FOR SERVICES. 
29 USC 1603. 
"(a) IN GENERAL,—Except as provided in subsection (c), an 
individual shall be eligible to participate in the program under 
this part only if such individual is— 
"(1) 22 years of age or older; and 
"(2) economically disadvantaged. 
"(b) HARD-TO-SERVE INDIVIDUALS.—Not less than 65 percent of 
the participants in the program under this part, other than partici-
pants served under section 204(d), in each service delivery area 
shall be individuals who are included in 1 or more of the following 
categories: 
"(1) Individuals who are basic skills deficient. 
"(2) Individuals who are school dropouts. 
"(3) Individuals who are recipients of cash welfare payments, 
including recipients under the JOBS program. 
"(4) Individuals who are offenders. 
"(5) Individuals with disabilities. 
"(6) Individuals who are homeless. 
"(7) Individuals who are in a category established under 
subsection (d). 
"(c) SPECIAL RULE.—Not more than 10 percent of participants 
in a program assisted under this part, other than participants 
served under section 204(d), in each service delivery area may 
be individuals who are not economically disadvantaged if such 
individuals are age 22 or older and within 1 or more categories 
of individuals who face serious barriers to employment. Such cat-
egories may include the categories described in subsection (b), or 
categories such as displaced homemakers, veterans, alcoholics, or 
addicts. 
"(d) ADDITIONAL CATEGORY.—^A service delivery area conducting 
a program assisted under this part may add one category of individ-
uals who face serious barriers to employment to the categories 
of eligible individuals described in subsection (b) if— 
"(1) the service delivery area submits a request to the Gov-
ernor identifying the additional category of individuals and 
justifying the inclusion of such category; 
"(2) the additional category of individuals is not solely com-
prised of— 
"(A) individuals with a poor work history; or 
"(B) individuals who are unemployed; and 
"(3) the Governor approves the request submitted under para-
graph (1) and transmits a description of the approved request 
to the Secretary, as part of the Governor's coordination and 
special services plan under section 121. 
"SEC. 204. PROGRAM DESIGN. 
29 USC 1604. 
"(a) ESSENTLVL ELEMENTS.— 
106 STAT. 1056 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(1) IN GENERAL.—The programs under this part shall 
include— 
"(A) an objective assessment of the skill levels and service 
needs of each participant, which shall include a review 
of basic skills, occupational skills, prior work experience, 
employability, interests, aptitudes (including interests and 
aptitudes for nontraditional jobs), and supportive service 
needs, except that a new assessment of a participant is 
not required if the program determines it is appropriate 
to use a recent assessment of the participant conducted 
pursuant to another education or training program (such 
as the JOBS program); 
"(B) development of service strategies that shall identify 
the employment goal (including, in appropriate 
cir-
cumstances, 
nontraditional 
employment), 
appropriate 
achievement objectives, and appropriate services for partici-
pants taking into account the assessments conducted 
pursuant to subparagraph (A), except that a new service 
strategy for a participant is not required if the program 
determines it is appropriate to use a recent service strategy 
developed for the participant under another education or 
training program (such as the JOBS program); 
"(C) a review of the progress of each participant in meet-
ing the objectives of the service strategy; and 
"(D) each of the following services, which shall be pro-
vided either directly or through arrangement with other 
programs to a participant where the assessment and the 
service strategy indicate such services are appropriate: 
"(i) Basic skills training, 
"(ii) Occupational skills training, 
"(iii) Supportive services. 
"(2) ADDITIONAL REQUIREMENTS.— 
"(A) INFORMATION ANb REFERRALS.—Each service deliv-
ery area shall ensure that each participant or applicant 
who meets the minimum income eligibility criteria shall 
be provided— 
"(i) information on the full array of applicable or 
appropriate services that are available through the 
service delivery area or other service providers, includ-
ing those receiving funds under this Act; and 
"(ii) referral to appropriate training and educational 
programs that have the capacity to serve the partici-
pant or applicant either on a sequential or concurrent 
basis. 
"(B) APPLICANTS NOT MEETING ENROLLMENT REQUIRE-
MENTS.— 
"(i) SERVICE PROVIDERS.—Each service provider shall 
ensure that an eligible applicant who does not meet 
the enrollment requirements of its particular program 
or who cannot be served shall be referred to the service 
delivery area for further assessment, as necessary, and 
referral to appropriate programs in accordance with 
subparagraph (A) to meet the basic skills and training 
needs of the applicant. 
"(ii) SERVICE DELIVERY AREA.—^The service delivery 
area shall ensure that appropriate referrals are made 
pursuant to clause (i), and shall maintain appropriate 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 105^ 
records of such referrals and the basis for such refer-
rals. 
"(b) AUTHORIZED SERVICES.—Subject to the limitations contained 
in subsection (c), services that may be made available to each 
participant under this part may include— 
"(1) direct training services, including— 
"(A) basic skills training, including remedial education, 
literacy training, and English-as-a-second-language instruc-
tion; 
"(B) institutional skills training; 
"(C) on-the-job training; 
"(D) assessment of the skill levels and service needs 
of participants; 
"(E) counseling, such as job counseling and career coun-
seling; 
"(F) case management services; 
"(G) education-to-work transition activities; 
"(H) programs that combine workplace training with 
related instruction; 
"(I) work experience; 
"(J) programs of advanced career training that provide 
a formal combination of on-the-job and institutional train-
ing and internship assignments that prepare individuals 
for career employment; 
"(K) training programs operated by the private sector, 
including programs operated by labor organizations or by 
consortia of private sector employers utilizing private sector 
facilities, equipment, and personnel to train workers in 
occupations for which demand exceeds supply; 
"(L) skill upgrading and retraining; 
"(M) bilingual training; 
"(N) entrepreneurial training; 
"(O) vocational exploration; 
"(P) training programs to develop work habits to help 
individuals obtain and retain employment; 
"(Q) attainment of certificates of high school equivalency; 
"(R) preapprenticeship programs; 
"(S) on-site, industry-specific training programs support-
ive of industrial and economic development; 
"(T) customized training conducted with a commitment 
by an employer or group of employers to employ an individ-
ual upon successful completion of the training; and 
"(U) use of advanced learning technology for education, 
job preparation, and skills training; and 
"(2) training-related £md supportive services, including— 
"(A) job search assistance; 
"(B) outreach to make individuals aware of, and encour-
age the use of, emplo3nnent and training services, including 
efforts to expand awareness of training and placement 
opportunities for limited-English proficient individuals and 
individuals with disabilities; 
"(C) outreach, to develop awareness of, and encourage 
participation in, education, training services, and work 
experience programs to assist women in obtaining nontradi-
tional employment, and to facilitate the retention of women 
in nontraditional employment, including services at the 
site of training or employment; 
106 STAT. 1058 
PUBLIC LAW 102-367—SEPT. 7, 1992 
\ 
"(D) specialized surveys not availaoie through other labor 
\ 
market information sources; 
"(E) dissemination of information on program activities 
to employers; 
"(F) development of 
job openings; 
"(G) programs coordinated with other Federal employ-
ment-related activities; 
"(H) supportive services, as defined in section 4(24), nec-
essary to enable individuals to participate in the program; 
"(I) needs-based payments and financial assistance; 
"(J) followup 
services with 
participants 
placed in 
unsubsidized employment; and 
"(K) services to obtain job placements for individual 
participants. 
"(c) DESIGN OF SERVICES.— 
"(1) WORKPLACE CONTEXT AND INTEGRATION.—Basic skills 
training provided under this part shall, in appropriate cir-
cumstances, have a workplace context and be integrated with 
occupational skills training. 
"(2) BASIC EDUCATION OR OCCUPATIONAL SKILLS.— 
"(A) 
ADDITIONAL 
SERVICES.—Except as 
provided 
in 
subparagraph (B), work experience, job search assistance, 
job search skills training, and job club activities provided 
under this part shall be accompanied by additional services 
designed to increase the basic education or occupational 
skills of a participant. 
"(B) LACK OF APPROPRIATENESS AND AVAILABILITY.—Each 
program assisted under this part may only provide job 
search assistance, job search skills training, and job club 
activities to a participant without the additional services 
described in subparagraph (A) if— 
"(i) the assessment and service strategy of a partici-
pant indicate that the additional services are not 
appropriate; and 
"(ii) the activities are not available to the partici-
pant through the employment service or other public 
agencies. 
"(3) NEEDS-BASED PAYMENTS.—^Needs-based payments and 
financial assistance provided under this part shall be limited 
to payments necessary for participation in the program assisted 
under this part in accordance with a locally developed formula 
or procedure. 
"(4) COUNSELING AND SUPPORTIVE SERVICES.—Counseling and 
supportive services provided under this part may be provided 
to a participant for a period up to 1 year after the date on 
which the participeint completes the program. 
"(5) PROHIBITION ON PRIVATE ACTIONS.—Nothing in this sec-
tion shall be construed to establish a right for a participant 
to bring an action to obtain services described in the assessment 
or service strategy developed under subsection (a)(1). 
"(6) VOLUNTEERS.—^The service delivery area shall make 
opportunities available for individuals who have successfully 
participated in programs under this part to volunteer assistance 
to participants in the form of mentoring, tutoring, and other 
activities. 
"(d) SERVICES FOR OLDER INDIVIDUALS.— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1059 
"(1) IN GENERAL.—The Governor is authorized to provide 
for job training programs that are developed in conjunction 
with service deHvery areas within the State and that are 
consistent with the plan for the service delivery area prepared 
and submitted in accordance with section 104, and designed 
to ensure the training and placement of older individuals in 
employment opportunities with private business concerns. The 
Governor shall ensure that the program under this subsection 
provides services throughout the State to older individuals on 
an equitable basis, taking into account the relative share of 
the population of older individuals described in paragraph (6)(A) 
within the State, residing in each service delivery area. 
"(2) AGREEMENTS.— 
"(A) IN GENERAL.—In carrying out this subsection, the 
Governor shall, after consultation with appropriate private 
industry councils and chief elected officials, enter into 
agreements 
with 
public 
agencies, 
nonprofit 
private 
organizations (including veterans organizations), private 
industry councils, service delivery areas, and private busi-
ness concerns. 
"(B) 
PRIORITY.—In 
entering 
into 
the 
agreements 
described in subparagraph (A), the Governor shall give 
priority to national. State, and local agencies and organiza-
tions that have a record of demonstrated effectiveness in 
providing training and employment services to such older 
individuals. 
"(3) CONSIDERATIONS.—^The Governor shall give consideration 
to assisting programs involving training for jobs in growth 
industries and jobs reflecting the use of new technological skills. 
"(4) COORDINATION.—In providing the services required by 
this subsection, the Governor shall make efforts to coordinate 
the delivery of such services with the delivery of services under 
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 
et seq.). 
"(5) ELIGIBILITY.— 
"(A) ECONOMICALLY DISADVANTAGED.—Except as pro-
vided in subparagraph (B), an individual shall be eligible 
to participate in a job training program under this sub-
section only if the individual is economically disadvantaged 
and is an older individual. 
"(B) SPECIAL RULE.— 
"(i) 
INDIVIDUALS 
FACING 
SERIOUS 
BARRIERS 
TO 
EMPLOYMENT.—^An individual who is not economically 
disadvantaged as described in subparagraph (A) shall 
be eligible to participate in a job training program 
under this subsection if the individual faces serious 
barriers to employment, is an older individual, and 
meets income eligibility requirements under title V 
of the Older Americans Act of 1965 (42 U.S.C. 3056 
et seq.) subject to clause (ii). 
"(ii) LIMITATION.—Not more than 10 percent of all 
participants in a program assisted under this sub-
section shall be individuals who are not economically 
disadvantaged. 
"(6) APPLICABLE REQUIREMENTS.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the requirements of this Act applicable to programs 
106 STAT. 1060 
PUBLIC LAW 102-367—SEPT. 7, 1992 
conducted under this subsection shall be the same require-
ments applicable to the other programs conducted under 
this part. 
"(B) EXCEPTIONS.— 
"(i) PROVISIONS NOT APPLICABLE.—The provisions of 
section 104, subsections (b)(7) and (j) of section 106, 
section 109, section 203, and section 204(a)(2) shall 
not be applicable to programs conducted under this 
subsection. 
"(ii) GOVERNOR.—^With respect to the application of 
sections 106(b), 108(b), 141(d)(3)(C), and 205 to pro-
grams conducted under this subsection, the term 'serv-
ice delivery area', as used in such provisions, means 
the Governor. 
"(7) DEFINITION.—^As used in this subsection, the term 'older 
individual' means an individual age 55 or older. 
29USC1605. 
«*SEC. 205. LINKAGES. 
"(a) IN GENERAL.—In conducting the program assisted under 
this part, service delivery areas shall establish appropriate linkages 
with other Federal programs. Such programs shall include, where 
feasible, programs assisted under— 
"(1) the Adult Education Act (20 U.S.C. 1201 et seq.); 
"(2) the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.); 
"(3) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); 
"(4) part F of title IV of the Social Security Act (42 U.S.C. 
681 et seq.); 
"(5) the employment program established under section 
6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)); 
"(6) the National Apprenticeship Act (29 U.S.C. 50 et seq.); 
"(7) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); 
"(8) title V of the Older Americans Act of 1965 (42 U.S.C. 
3056 et seq.); 
"(9) chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
2271 et seq.); 
"(10) the Stewart B. McKinney Homeless Assistance Act (Pub-
lic Law 100-77; 101 Stat. 482); 
"(11) the United States Housing Act of 1937 (42 U.S.C. 1437 
et seq.); 
"(12) the National Literacy Act of 1991 (Public Law 102-
73). 
"(13) the Head Start Act (42 U.S.C. 9831 et seq.) (for purposes 
of child care services); and 
"(14) any other provisions of this Act. 
"(b) OTHER APPROPRIATE LINKAGES.—In addition to the linkages 
required under subsection (a), each service delivery area receiving 
financial assistance under this part shall establish other appropriate 
linkages to enhance the provision of services under this part. Such 
linkages may be established with local educational agencies, local 
service 
agencies, 
public 
housing 
agencies, 
community-based 
organizations, business and labor organizations, volunteer groups 
working with disadvantaged adults, and other training, education, 
employment, economic development, and social service programs. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1061 
'^EC. 206. TRANSFER OP FUNDS. 
29 USC 1606. 
"A service delivery area may transfer up to 10 percent of the 
amounts allocated to the service delivery area under section 202(b) 
to the program under part C if such transfer is— 
"(1) described in the job training plan; and 
"(2) approved by the Governor.". 
SEC. 204. SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
"PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING 
PROGRAM 
"SEC. 251. PURPOSE. 
29 USC 1630. 
"It is the purpose of programs assisted under this part— 
"(1) to enhance the basic educational skills of youth; 
"(2) to encourage school completion or enrollment in supple-
mentary or alternative school programs; 
"(3) to provide eligible youth with exposure to the world 
of work; and 
"(4) to enhance the citizenship skills of youth. 
"SEC. 252. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENT AND 29 USC 1631. 
ALLOCATION. 
"(a) TERRITORIAL AND NATIVE AMERICAN ALLOCATION.—From the 
funds appropriated under section 3(a)(2), the Secretary shall first 
allocate to Guam, the Virgin Islands, American Samoa, the Fed-
erated States of Micronesia, the Republic of the Marshall Islands, 
Palau, the Commonwealth of the Northern Mariana Islands, and 
entities eligible under section 401 the same percentage of funds 
as were available to such areas and entities for the summer youth 
program in the fiscal year preceding the fiscal year for which 
the determination is made. 
"(b) USE OF PART C FORMULA FOR ALLOTMENT AND ALLOCATION.— 
The remainder of funds appropriated under section 3(a)(2) shall, 
for each fiscal year, be allotted among States and allocated among 
service delivery areas in accordance with section 262, except that 
no portion of such funds shall be reserved to carry out subsection 
(aXD or (c) of such section. 
"SEC. 253. USE OF FUNDS. 
29 USC 1632. 
"(a) IN GENERAL.—Funds available under this part may be used 
for— 
"(1) basic and remedial education, institutional and on-the-
job training, work experience programs, youth corps programs, 
emplojonent counseUng, occupational training, preparation for 
work, outreach and enrollment activities, employability assess-
ment, job referral and placement, job search assistance and 
job club activities, activities under programs described in sec-
tion 265(b), and any other employment or job training activity 
designed to give employment to eligible individuals or prepare 
the individuals for, and place the individuals in, employment; 
"(2) supportive services necessary to enable such individuals 
to participate in the program; and 
(3) administrative costs, not to exceed 15 percent of the 
funds available under this part. 
"(b) BASIC AND REMEDIAL EDUCATION.— 
106 STAT. 1062 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(1) IN GENERAL.—^A service delivery area shall expend funds 
(available under this Act or otherwise available to the service 
delivery area) for basic and remedial education and training 
as described in the job training plan under section 104. 
"(2) EDUCATION OR TRAINING.—The education and training 
authorized by paragraph (1) may be provided by— 
"(A) the year-round program under part C; 
"(B) the Job Corps; 
"(C) the JOBS program; 
"(D) youth corps programs; 
"(E) alternative or secondary schools; or 
"(F) other education and training programs. 
"(c) ASSESSMENT AND SERVICE STRATEGY.— 
"(1) ASSESSMENT.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the programs under this part shall include an objective 
assessment of the basic skills and supportive services needs 
of each participant, which may include a review of occupa-
tional skills, prior work experience, employability, interests, 
and aptitudes. 
"(B) RECENT ASSESSMENT.—^A new assessment, or a factor 
of such assessment, of a participant is not required if 
the program determines it is appropriate to use a recent 
assessment of the participant conducted pursuant to 
another education or training program (such as the JOBS 
program or a regular high school academic program). 
"(2) SERVICE STRATEGY.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the programs under this part shall include a service 
strategy for participants, which may identify achievement 
objectives, appropriate employment goals, and appropriate 
services for participants, taking into account the assess-
ments conducted under paragraph (1). 
"(B) RECENT SERVICE STRATEGY.—^A new service strategy 
for a participant is not required if the program determines 
it is appropriate to use a recent service strategy developed 
for the participant under another education or training 
program (such as the JOBS program or a regular high 
school academic program). 
"(d) FoLLOWUP SERVICES.—Service delivery areas shall make 
foUowup services available for participants if the service strategy 
indicates such services are appropriate. 
29 use 1633. 
"SEC. 254. LIMITATIONS. 
"(a) U S E DURING SUMMER MONTHS OR EQUIVALENT VACATION 
PERIOD.— 
"(1) SUMMER MONTHS.—Except as provided in paragraph (2), 
programs under this part shall be conducted during the summer 
months. 
"(2) VACATION PERIOD.—^A service delivery area may, within 
the jurisdiction of any local educational agency that operates 
schools on a year-round, full-time basis, offer the programs 
under this part to participants during a vacation period treated 
as the equivalent of a summer vacation. 
"(b) ELIGIBILITY.—^An individual shall be eligible to participate 
in the program assisted under this part if such individual— 
"(1) is age 14 through 21; and 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1063 
"(2)(A) is economically disadvantaged; or 
"(B) has been determined to meet the eligibility requirements 
for free meals under the National School Lunch Act (42 U.S.C. 
1751 et seq.) during the most recent school year. 
"(c) CoNCURRE^^^ ENROLLMENT.— 
"(1) IN GENERAL.—^An eligible individued participating in a 
program assisted under this part may concurrently be enrolled 
in programs under part C. Appropriate adjustment to the youth 
performance standards (regarding attainment of competencies) 
under paragraphs (4)(A)(i) and (5) of section 106(b) shall be 
made to reflect the limited period of participation. 
"(2) CONCURRENT ENROLLMENT AND TRANSFERS.—Youth being 
served under this part or part C youth programs are not 
required to be terminated from participation in one program 
in order to enroll in the other. The Secretary shall provide 
guidance to service delivery areas on simplified procedures 
for concurrent enrollment and transfers for youth from one 
program to the other. 
"SEC. 255. APPLICABLE PROVISIONS. 
29 USC 1634. 
"(a) COMPARABLE FUNCTIONS OF AGENCIES AND OFFICIALS.—Pri-
vate industry councils established under title I, chief elected offi-
cials, State job training coordinating councils, and Governors shall 
have the same authority, duties, and responsibilities with respect 
to planning and administration of funds available under this part 
as the private industry councils, chief elected officials. State job 
training coordinating councils, and Governors have with respect 
to funds available under parts A and C. 
"(b) PROGRAM GOALS AND OBJECTIVES.—Each service delivery 
area shall establish written program goals and objectives that shall 
be used for evaluating the effectiveness of programs conducted 
under this part. Such goals and objectives may include— 
"(1) improvement in school retention and completion; 
"(2) improvement in academic performance, including mathe-
matics and reading comprehension; 
"(3) improvement in employability skills; and 
"(4) demonstrated coordination with other community service 
organizations such as local educational agencies, law enforce-
ment agencies, and drug and alcohol abuse prevention and 
treatment programs.". 
SEC. 205. SUMMER YOUTH PROGRAM TRANSFER OF FUNDS. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
"SEC. 256. TRANSFER OP FUNDS. 
29 USC 1635. 
"A service delivery area may transfer up to 10 percent of the 
funds provided under this part to the program under part C if 
such transfer is approved by the Governor.". 
- "" 
SEC. 206. YOUTH TRAINING PROGRAM. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
106 STAT. 1064 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Education. 
"PART C—^YOUTH TRAINING PROGRAM 
29 use 1641. 
"SEC. 261. STATEMENT OF PURPOSE. 
"It is the purpose of the programs assisted under this part to 
improve the long-term employability of youth, enhance the edu-
cational, occupational, and citizenship skills of youth, encourage 
school completion or enrollment in alternative school programs, 
increase the employment and earnings of youth, reduce welfare 
dependency, and assist youth in addressing problems that impair 
the ability of youth to make successful transitions from school 
to work, apprenticeship, the military, or postsecondary education 
and training.". 
SEC. 207. YOUTH TRAINING PROGRAM ALLOTMENT AND ALLOCATION. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
29USC1642. 
"SEC. 262. ALLOTMENT AND ALLOCATION. 
"(a) ALLOTMENT.— 
"(1) TERRITORIES.—Of the amount appropriated under section 
3(a)(i) for each fiscal year and available to carry out this 
part, not more than one-quarter of 1 percent shall be allotted 
among Guam, the Virgin Islands, American Samoa, the 
Commonwealth of the Northern Mariana Isl£irids, the Federated 
States of Micronesia, the Republic of the Marshall Islands, 
and Palau. 
"(2) STATE RESERVATION.—^After determining the amounts to 
be allotted under paragraph (1), the Secretary shall allot 82 
percent of the remainder to the States for allocation to service 
delivery areas within each State. Each State shall allocate 
to each service delivery area within the State the amount 
determined by the Secretary for such service delivery area 
pursuant to the formula contained in subsection (b). The 
remaining 18 percent shall be allotted in accordance with sub-
section (c). 
"(b) ALLOCATION TO SERVICE DELIVERY AREAS.— 
"(1) FORMULA.—Subject to the provisions of paragraph (2), 
of the amounts allocated to service delivery areas for this 
part for each fiscal year— 
"(A) 33 Va percent shall be allocated on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial unemployment within each service 
delivery area as compared to the total number of such 
unemployed individuals in all such areas of substantial 
unemployment in all service delivery areas in all States; 
"(B) 33Va percent shall be allocated on the basis of the 
relative excess number of unemployed individuals within 
each service delivery area as compared to the total excess 
number of unemployed individuals in all service delivery 
areas in all States; and 
"(C) 33 Vs percent shall be allocated on the basis of the 
relative number of economically disadvantaged youth 
within each service delivery area as compared to the total 
number of economically disadvantaged youth in all service 
delivery areas in all States except that, for any service 
delivery area described in section 101(a)(4)(A)(iii), the 
allocation shall be based on the higher of the number 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1065 
of youth in families with an income below the low-income 
level in such area or the number of economically disadvan-
taged youth in such area. 
"(2) LIMITATIONS.— 
"(A) MINIMUM PERCENTAGE.—No service delivery area 
shall be allocated less than 90 percent of its allocation 
percentage for the fiscal year preceding the fiscal year 
for which the determination is made. 
"(B) MAXIMUM PERCENTAGE.—No service delivery area 
shall be allocated more than 130 percent of its allocation 
percentage for the fiscal year preceding the fiscal year 
for which the determination is made. 
"(C) STATE MINIMUM.—Notwithstanding subparagraphs 
(A) and (B), the total allocation for all service delivery 
areas within any one State shall not be less than one-
quarter of 1 percent of the total allocated to all service 
delivery areas in all States. 
"(D) ALLOCATION PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraphs (A) and (B), the alloca-
tion percentage of a service delivery area for a fiscal 
year shall be the percentage of funds allocated to the 
service delivery area under this subsection. 
"(ii) FISCAL YEAR 1992.—For purposes of subpara-
graphs (A) and (B), the allocation percentage of a serv-
ice delivery area for fiscal year 1992 shall be the 
percentage of funds allocated to the service delivery 
area under part A of title II. 
"(c) STATE ACTIVITIES.— 
"(1) DIVISION.—Of the remaining 18 percent of funds available 
for allotment to States under this part for each fiscal year— 
"(A) 5 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
with paragraph (2), for overall administration, manage-
ment, and auditing activities relating to programs under 
this title and for activities described in sections 121 and 
122; 
"(B) 5 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
with paragraph (2), to provide incentive grants authorized 
under section 106(b)(7), in accordance with paragraph (3); 
and 
"(C) 8 percent of the funds available for such allotment 
under this part shall be allotted to the States in accordance 
with paragraph (2) to carry out section 123. 
"(2) FORMULA FOR ALLOCATION.—The allotments to each State 
described in paragraph (1) shall be based on the relative amount 
of funds allocated to all service delivery areas within such 
State under subsection (b) as compared to the amount of funds 
allocated to all service delivery areas in all States under sub-
section (b). 
"(3) OTHER USES.— 
"(A) CAPACITY BUILDING AND TECHNICAL ASSISTANCE.— 
The Governor may use up to 33 percent of the amount 
allotted under paragraph (1)(B) for providing capacity 
building and technical assistance to service delivery areas 
and service providers. Such use of funds may include the 
106 STAT. 1066 
PUBLIC LAW 102-367—SEPT. 7, 1992 
development and training of service delivery area and serv-
ice provider staff and the development of exemplary pro-
gram activities. 
"(B) NONDUPLICATION AND COORDINATION.—Funds USed 
under subparagraph (A)— 
"(i) may not be used to duplicate the activities of 
the Capacity Building and Information and Dissemina-
tion Network established under section 453(b); and 
"(ii) shall, to the extent practicable, be used to coordi-
nate the activities under subparagraph (A) with the 
„ 
activities of the Network under section 453(b). 
"(d) DEFINITIONS AND RULE.— 
"(1) DEFINITIONS.—^As used in this section: 
"(A) ECONOMICALLY DISADVANTAGED YOUTH.—The term 
'economically disadvantaged youth' means an individual 
who is age 16 through 21 and who has, or is a member 
of a family that has, received a total family income that, 
in relation to family size, was not in excess of the higher 
of— 
"(i) the official poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)); or 
"(ii) 70 percent of the lower living standard income 
level. 
"(B) EXCESS NUMBER.—^The terms 'excess number' and 
'State' shall have the meanings given the terms in subpara-
graphs (B) and (C), respectively, of section 202(d)(1). 
"(2) SPECIAL RULE.—For the purposes of this section, the 
Secretary shall, as appropriate and to the extent practicable, 
exclude college students and members of the Armed Forces 
from the determination of the number of economically disadvan-
taged youth.". 
SEC. 208. YOUTH TRAINING PROGRAM ELIGIBILITY AND SERVICES. 
Title II of the Act (as amended by the preceding sections) is 
further amended by adding at the end the following: 
29USC1643. 
"SEC. 263. ELIGIBILITY FOR SERVICES. 
"(a) IN-SCHOOL YOUTH.—Except as provided in subsections (e) 
and (g), an individual who is in school shall be eligible to participate 
in the program under this part if such individual— 
"(1)(A) is age 16 through 21; or 
"(B) if provided in the job training plan, is age 14 through 
21; and 
"(2)(A) is economically disadvantaged; 
"(B) is participating in a compensatory education program 
under chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 2711 et seq.); or 
"(C) has been determined to meet the eligibility requirements 
for free meals under the National School Lunch Act (42 U.S.C. 
1751 et seq.) during the most recent school year. 
"(b) HARD-TO-SERVE INDIVIDUALS WHO ARE IN-SCHOOL YOUTH.— 
Not less than 65 percent of the in-school individuals who participate 
in a program under this part shall be individuals who are included 
in one or more of the following categories: 
"(1) Individuals who are basic skills deficient. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1067 
"(2) Individuals with educational attainment that is 1 or 
more grade levels below the grade level appropriate to the 
age of the individuals. 
"(3) Individuals who are pregnant or parenting. 
"(4) Individuals with disabilities, including a 
learning 
disability. 
"(5) Individuals who are homeless or run-away youth. 
"(6) Individuals who are offenders. 
"(7) Individuals within a category established under sub-
section (h). 
"(c) OUT-OF-SCHOOL YOUTH.—Except as provided in subsection 
(e), an individual who is out of school shall be eligible to participate 
in the program under this part if such individual is— 
"(1) age 16 through 21; and 
"(2) economically disadvantaged. 
"(d) 
HARD-TO-SERVE 
INDIVIDUALS WHO ARE OUT-OF-SCHOOL 
YOUTH.—Not less than 65 percent of the out-of-school individuals 
who participate in a program under this part shall be individuals 
who are included in 1 or more of the following categories: 
"(1) Individuals who are basic skills deficient. 
"(2) Individuals who are school dropouts (subject to the condi-
tions described in section 264(d)(2)). 
"(3) Individuals who are pregnant or parenting. 
"(4) Individuals with disabilities, including a 
learning 
disability. 
"(5) Individuals who are homeless or run-away youth. 
"(6) Individuals who are offenders. 
"(7) Individuals in a category established imder subsection 
(h). 
"(e) EXCEPTIONS.—^Not more than 10 percent of participants in 
a program assisted under this part in each service delivery area 
may be individuals who do not meet the requirements of subsection 
(a)(2) or (c)(2), if such individuals are within one or more categories 
of individuals who face serious barriers to emplojnnent. Such cat-
egories may include the categories described in subsections (b) 
and (d), or categories such as individuals with limited-English lan-
guage proficiency, alcoholics, or drug addicts. 
"(f) RATIO OF OUT-OF-SCHOOL TO IN-SCHOOL YOUTH.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), not 
less than 50 percent of the participants in the program under 
this part in each service delivery area shall be out-of-school 
individuals who meet the requirements of subsection (c), (d), 
or (e). 
"(2) COUNTING OF IN-SCHOOL INDIVIDUALS.—In-school individ-
uals served as a part of a schoolwide project under subsection 
(g) shall not be counted as a part of the ratio of in-school 
individuals to out-of-school individuals. 
"(g) SCHOOLWIDE PROJECTS FOR LOW-INCOME SCHOOLS.— 
"(1) IN GENERAL.—In addition to the individuals described 
in subsection (e), an individual who does not meet the require-
ments of subsection (a)(2) may participate in the programs 
assisted under this part if such individual is enrolled in a 
public school— 
"(A) that is located in a poverty area; 
"(B) that is served by a local educational agency that 
is eligible for assistance under chapter 1 of title I of the 
106 STAT. 1068 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 2711 et seq.); 
"(C) in which not less than 70 percent of the students 
enrolled are included in the categories described in sub-
section (b); and 
"(D) that conducts a program under a cooperative 
arrangement that meets the requirements of section 265(d). 
"(2) DEFINITION.—For the purposes of paragraph (1), the term 
'poverty 
area' 
means 
an 
urban 
census 
tract 
or 
a 
nonmetropolitan county with a poverty rate of 30 percent or 
more, as determined by the Bureau of the Census. 
"(h) ADDITIONAL CATEGORY.—^A service delivery area conducting 
a program assisted under this part may add one category of youth 
who face serious barriers to employment to the categories of eligible 
individuals specified in subsection (b) and one category to the cat-
egories of eligible individuals described in subsection (d) if— 
"(1) the service delivery area submits a request to the Gov-
ernor identifying the additional category of individuals and 
justifying the inclusion of such category; 
"(2) the additional category of individuals is not solely com-
prised of— 
"(A) individuals with a poor work history; or 
"(B) individuals who are unemployed; and 
"(3) the Governor approves the request submitted under para-
graph (1) and transmits a description of the approved request 
to the Secretary, as part of the Governor's coordination and 
special services plan under section 121. 
29 use 1644. 
"SEC. 264. PROGRAM DESIGN. 
"(a) YEAR-ROUND OPERATION.—The programs under this part 
shall be conducted on a year-round basis. Services shall be made 
available on a multiyear basis as appropriate. 
"(b) ESSENTIAL ELEMENTS.— 
"(1) IN GENERAL.—^The programs under this part shall 
include— 
"(A) an objective assessment of the skill levels and service 
needs of each participant, which assessment shall include 
a review of basic skills, occupational skills, prior work 
experience, employability, interests, aptitudes (including 
interests and aptitudes for nontraditional jobs), and 
supportive service needs, except that a new assessment 
of a participant is not required if the program determines 
it is appropriate to use a recent assessment of the partici-
pant conducted under another education or training pro-
gram (such as the JOBS program); 
"(B) development of service strategies that shall identify 
the employment goal (including, in appropriate 
cir-
cumstances, 
nontraditional 
employment), 
appropriate 
achievement objectives, and appropriate services for partici-
pants taking into account the assessments conducted 
pursuant to subparagraph (A), except that a new service 
strategy for a participant is not required if the program 
determines it is appropriate to use a recent service strategy 
developed for the participant under another education or 
training program (such as the JOBS program); 
"(C) a review of the progress of each participant in meet-
ing the objectives of the service strategy; and 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1069 
"(D) each of the following services, which shall be pro-
vided either directly or through arrangement with other 
programs to a participant where the assessment and the 
service strategy indicate such services are appropriate: 
"(i) Basic skills training, 
"(ii) Occupational skills training, 
"(iii) Preemployment 
and work 
maturity 
skills 
training, 
"(iv) Work experience combined with skills training, 
"(v) Supportive services. 
"(2) ADDITIONAL REQUIREMENTS.— 
"(A) INFORMATION AND REFERRALS.—Each service deliv-
ery area shall ensure that each participant or applicant 
who meets the minimum income eligibility criteria shall 
be provided— 
"(i) information on the full array of applicable or 
appropriate services that are available through the 
service delivery area or other service providers, includ-
ing those receiving funds under this Act; and 
"(ii) referral to appropriate training and educational 
programs that have the capacity to serve the partici-
pant or applicant either on a sequential or concurrent 
basis. 
"(B) APPLICANTS NOT MEETING ENROLLMENT REQUIRE-
MENTS.— 
"(i) SERVICE PROVIDERS.—Each service provider shall 
ensure that an eligible applicant who does not meet 
the enrollment requirements of its particular program 
or who cannot be served shall be referred to the service 
delivery area for further assessment, as necessary, and 
referral to appropriate programs in accordance with 
subparagraph (A) to meet the basic skills and training 
needs of the applicant. 
"(ii) SERVICE DELIVERY AREA.—^The service delivery Records, 
area shall ensure that appropriate referrals are 
made pursuant to clause (i), and shall maintain appro-
priate records of such referrals and the basis for such 
referrals. 
"(c) AUTHORIZED SERVICES.—Subject to the limitations contained 
in subsection (d), services which may be made available to youth 
with funds provided under this part may include— 
"(1) direct training services, including— 
"(A) the services described in section 204(b)(1); 
"(B) tutoring and study skills training; 
"(C) alternative high school services within programs 
that meet the requirements of section 141(o)(l); 
"(D) instruction leading to high school completion or the 
equivalent; 
"(E) mentoring; 
"(F) hmited internships in the private sector; 
"(G) training or education that is combined with conmiu-
nity and youth service opportunities in public agencies, 
nonprofit agencies, eind other appropriate agencies, institu-
tions, and organizations, including youth corps programs; 
"(H) entry employment experience programs; 
"(I) school-to-work transition services; 
"(J) school-to-postsecondary education transition services; 
106 STAT. 1070 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(K) school-to-apprenticeship transition services; and 
"(L) preemployment and work maturity skills training; 
and 
"(2) training-related and supportive services, including— 
"(A) the services described in section 204(b)(2); 
"(B) drug and alcohol abuse counseling and referral; 
"(C) services encouraging parental, spousal, and other 
significant adult involvement in the program of the partici-
pant; and 
"(D) cash incentives and bonuses based on attendance 
and performance in a program. 
"(d) ADDITIONAL REQUIREMENTS.— 
"(1) STRATEGIES AND SERVICES.—In developing service strate-
gies and designing services for the program under this part, 
the service delivery area and private industry council shall 
take into consideration exemplary program strategies and prac-
tices, including the strategies and practices of model programs 
selected for replication under section 453(c). 
"(2) SCHOOL DROPOUTS.— 
"(A) PARTICIPATION REQUIREMENTS.—In order to partici-
pate in a program assisted under this part, except for 
interim periods, an individual who is under the age of 
18 and a school dropout shall enroll in and attend a school, 
course, or program described in clause (ii) or (iii) of 
subparagraph (B). 
"(B) SERVICE DELIVERY REQUIREMENTS.— 
"(i) IN GENERAL.—Each service delivery area shall 
make available, in accordance with this subparagraph, 
to each participant in the program who is under the 
age of 18 and is a school dropout, at least 2 options 
for school attendance. Such options shall be provided 
concurrently or sequentially with other services pro-
vided under this part to each such participant as a 
part of the training of such participant. 
"(ii) SCHOOL ATTENDANCE.—Each service delivery 
area shall provide, as one of the options for school 
attendance, an option for each such participant to 
enroll in and attend a high school equivalency program, 
"(iii) ADDITIONAL OPTION,—Each service delivery area 
shall provide, as a second option for school attendance 
for each such participant— 
"(I) an option to reenroll in and attend school; 
"(II) an option to enroll in and attend an alter-
native high school; or 
"(III) an option to enroll in and attend an alter-
native course of study approved by the local edu-
cational agency. 
"(3) SKILLS TRAINING.— 
"(A) PREEMPLOYMENT AND WORK MATURITY SIQLLS TRAIN-
ING.—Preemployment and work maturity skills training 
authorized by this part shall be accompanied by either 
work experience or other additional services designed to 
increase the basic education or occupational skills of a 
participant. The additional services may be provided, 
concurrently or sequentially, under other education and 
training programs, including the Job Corps and the JOBS 
program. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1071 
"(B) ADDITIONAL SERVICES.—^Work experience, job search 
assistance, job search skills training, and job club activities 
provided under this part shall be accompanied by additional 
services designed to increase the basic education or occupa-
tional skills of a participant. The additional services may 
be provided, concurrently or sequentially, under other edu-
cation and training programs, including the Job Corps and 
the JOBS program. 
"(C) ON-THE-JOB TRAINING.— 
"(i) 
POSITIONS.—On-the-job 
training 
authorized 
under this part shall only be available in positions 
that— 
"(I) pay the participant a wage that equals or 
exceeds the average wage at placement in the serv-
ice delivery area for participants under part A; 
and 
"(II) have career advancement potential, 
"(ii) FORMAL PROGRAM OR STRUCTURED JOB TRAIN-
ING.—On-the-job training authorized under this part 
shall include a formal program of structured job train-
ing that will provide participants with an orderly 
sequence of instruction in work maturity skills, general 
employment competencies, and occupationally specific 
skills. 
"(iii) 
PARTICIPATION 
REQUIREMENT.—In order to 
participate in on-the-job training authorized under this 
part, except for interim periods, an individual who 
nas not attained a high school diploma or its equivalent 
shall concurrently enroll in and attend a school, course, 
or program described in clause (ii) or (iii) of paragraph 
(2)(B). 
"(4) NEEDS-BASED PAYMENTS.—Needs-based payments £uid 
financial assistance provided under this part shall be limited 
to payments necessary for participation in the program assisted 
under this part in accordance with a locally developed formula 
or procedure. 
"(5) COUNSELING AND SUPPORTIVE SERVICES.—Counseling and 
supportive services provided under this part may be provided 
to a participant for a period of up to 1 year after the date 
on which the participant completes the program. 
"(6) PROHIBITION ON PRIVATE ACTIONS.—Nothing in this sec-
tion shall be construed to establish a right for a participant 
to bring an action to obtain services described in the assessment 
or service strategy developed under subsection (b)(1). 
"(7) VOLUNTEERS.—^The service delivery area shall make 
opportunities available for successful individuals who have pre-
viously participated in programs under this part to volunteer 
assistance to participants in the form of mentoring, tutoring, 
and other activities. 
"SEC. 265. LINKAGES. 
29 USC 1645. 
"(a) EDUCATIONAL LINKAGES.—In conducting the program assisted 
under this part, service delivery areas shall establish linkages with 
the appropriate educational agencies responsible for service to 
participants. Such linkages shall include— 
"(1) formal agreements with local educational agencies that 
will identify— 
106 STAT. 1072 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(A) the procedures for referring and serving in-school 
youth; 
"(B) the methods of assessment of in-school youth; and 
"(C) procedures for notifying the program when a youth 
drops out of the school system; 
"(2) arrangements to ensure that the program under this 
part supplements existing programs provided by local edu-
cational agencies to in-school youth; 
"(3) arrangements to ensure that the program under this 
pEut utilizes, to the extent possible, existing services provided 
by local educational agencies to out-of-school youth; and 
"(4) arrangements to ensure that for in-school participants 
there is a regular exchange of information between the program 
and the educational agency relating to participant progress, 
problems, and needs, including, in appropriate circumstances, 
interim assessment results. 
"(b) EDUCATION AND TRAINING PROGRAM LINKAGES.—In conduct-
ing the program assisted under this part, service delivery areas 
shall establish appropriate linkages with other education and train-
ing programs authorized under Federal law. Such programs shall 
include, where feasible, programs assisted under— 
"(1) part B of title IV (the Job Corps); 
"(2) parts A through D of chapter 1 of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.); 
"(3) the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.); 
"(4) the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.); 
"(5) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); 
"(6) part F of title IV of the Social Security Act (JOBS) 
(42 U.S.C. 681 et seq.); 
"(7) the Food Stamp Act (7 U.S.C. 2011 et seq.); 
"(8) the National Apprenticeship Act (29 U.S.C. 50 et seq.); 
"(9) the Stewart B. McKinney Homeless Assistance Act (Pub-
lic Law 100-77; 101 Stat. 482); and 
"(10) any other provisions of this Act. 
"(c) OTHER PROGRAMS.—In addition to the linkages required 
under subsections (a) and (b), service delivery areas receiving finan-
cial assistance under this part shall establish other appropriate 
linkages to enhance the provision of services under this part. Such 
linkages may be established with State and local service agencies, 
public housing agencies, community-based organizations, business 
and labor organizations, volunteer groups working with at-risk 
youth, parents and family members, juvenile justice systems, and 
other training, education, employment and social service programs, 
including programs conducted under part A. 
"(d) ScHOOLWiDE PROJECTS FOR 
LOW-INCOME 
SCHOOLS.—In 
conducting a program serving individuals specified in section 263(g), 
the service delivery area shall establish a cooperative arrangement 
with the appropriate local educational agency that shall, in addition 
to the other requirements of this section, include— 
"(1) a description of the ways in which the program will 
supplement the educational program of the school; 
"(2) identification of measurable goals to be achieved by the 
program and provision for assessing the extent to which such 
goals are met; 
PUBLIC LAW 102-367—SEPT. 7,1992 
106 STAT. 1073 
"(3) a description of the ways in which the program will 
use resources provided under this part and resources provided 
under other education programs to achieve the goals identified 
in paragraph (2); 
"(4) a description of the number of individuals to be served; 
and 
"(5) assurances that the resources provided under this part 
shall be used to supplement and not supplant existing sources 
of funds. 
*«EC. 266. TRANSFER OF FUNDS. 
29 USC 1646. 
"A service delivery area may transfer up to 10 percent of the 
amounts allocated to the service delivery area under section 2620>) 
to the program under part A if such transfer is— 
"(1) described in the job training plan; and 
"(2) approved by the Grovemor.". 
TITLE III—EMPLOYMENT AND TRAIN-
ING ASSISTANCE FOR DISLOCATED 
WORKERS 
SEC. 301. STATE AGENCY APPROVAL. 
Section 314(f) of the Act (29 U.S.C. 1661c(f)) is amended— 
(1) by inserting "(1)" before "Funds"; and 
(2) by adding at the end the following new paragraph: 
"(2) An ehgible dislocated worker participating in training (except 
for on-the-job training) under this title shall be deemed to be 
in training with the approval of the State agency for purposes 
of section 3304(aX8) of the Internal Revenue Code of 1986.". 
SEC. 302. LD^nTATIONS ON USES OF FUNDS. 
(a) RETRAINING SERVICES.—Section 315(aXl) of the Act (29 U.S.C. 
1661d(aXl)) is amended to read as follows: 
"(a) RETRAINING SERVICES.—<1) Of the funds allocated to a sub-
state grantee under part A of this title for any program year, 
not less than 50 percent shall be expended for retraining services 
specified under section 314(d).". 
(b) NEEDS-RELATED PAYMENTS AND SUPPORTIVE SERVICES.—Sec-
tion 315(b) of the Act is amended to read as follows: 
"(b) Of the fiinds allocated to a substate grantee or to the Grov-
emor under part A of this title for any program year, not more 
than 25 percent may be expended to provide needs-related payments 
and other supportive services.". 
(c) ADMINISTRATIVE COST.—^The first sentence of section 315(c) 
of the Act is amended to read as follows: "Of the funds allocated 
to a substate grantee or to the Governor under part A of this 
title for any program year, not more than 15 percent may be 
expended to cover the administrative cost of programs.". 
(d) COMBINATION OF FUNDS.—Section 315 of the Act is fiirther 
amended by adding at the end the following new subsection: 
"(d) COMBINATION OF FUNDS.—Substate grantees within a State 
may combine funds under this title for the provision of services 
to eUgible dislocated workers from 2 or more substate areas.". 
(e) REALLOTMENT.—Section 315 of the Act is further amended 
by adding at the end the following new subsection: 
59-194 O—93 
7:QL3(Pt. 2) 
106 STAT. 1074 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(e) DEFINITION.—^As used in this section, the term 'allocated', 
means allocated for a program year, as adjusted for reallocations 
between substate areas, and for reallotments in accordance with 
section 303.". 
SEC. 303. DEMONSTRATION PROGRAMS. 
Section 324(a) of the Act (29 U.S.C. 1662c(a)) is amended by 
striking "1989,1990, and 1991," and inserting "1992 through 1996,^ 
TITLE IV—FEDERALLY ADMINISTERED 
PROGRAMS 
SEC. 401. NATIVE AMERICAN AND MIGRANT PROGRAMS. 
(a) PERFORMANCE STANDARDS.—Section 401(h)(1) of the Act (29 
U.S.C. 1671(h)(1)) is amended by inserting "pursuant to section 
106" after "performance standards". 
(b) NATIVE AMERICAN PROGRAMS.—Section 401(j) of the Act (29 
U.S.C. 167l(j)) is amended to read as follows: 
"(j)(l) The Secretary shall designate a single organizational imit 
that shall have as its primary responsibility the administration 
of all Native American programs authorized under this Act. 
"(2) Such organizational unit shall— 
"(A) be responsible for administering the provisions of the 
Native American programs authorized under this Act, including 
monitoring such programs and making 
recommendations 
regarding the selection of the recipients of financial assistance; 
"(B) be responsible for the development of the policies and 
procedures related to the implementation of such programs; 
and 
"(C) coordinate the development of policy and procedures 
for the employment and training programs within the Depart-
ment relating to services for Native American workers. 
"(3) In the hiring and promotion of the professional staff for 
the organizational unit designated under paragraph (1), special 
consideration shall be given to individuals who have field experience 
in the daily operation of service and training programs for Native 
Americans, and individuals who are Indians or Alaskan Natives. 
The Secretary shall take such additional actions as may be nec-
essary to promote the recruitment and promotion of Indians, Alas-
kan Natives, and Hawaiian Natives to positions in such imit.". 
(c) PERMANENT ADVISORY COUNCIL.—Section 401 of the Act (29 
U.S.C. 1671) is amended by adding at the end the following new 
subsection: 
Establishment. 
"(k)(l) There is hereby established a Native American Employ-
ment and Training Council (referred to in this subsection as the 
'Council'), which shall consist of not fewer than 17 Indians, Alaskan 
Natives, and Hawaiian Natives appointed by the Secretary from 
among individuals nominated by Indian tribes or Indian, AJaskan 
Native, or Hawaiian Native organizations. The membership of the 
Council shall represent all geographic areas of the United States 
with a substantial Indian, Alaskan Native, or Hawaiian Native 
population and shall include representatives of tribal governments 
and of nonreservation Native American organizations who are serv-
ice providers under this Act. A majority of the members of the 
Council shall have field experience in the daily operation of the 
program authorized under this section. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1075 
"(2) The Council shall select a chairperson from among its mem-
bers by a majority vote. The Council shall meet not less often 
than twice each program year. 
"(3) Members of the Native American Programs Advisory Commit-
tee that existed before the date of enactment of this subsection— 
''(A) shall serve as members of the Council imtil their succes-
sors are appointed; and 
"(B) may be appointed as members of the Council, if such 
appointment is consistent with the provisions of this subsection. 
"(4) Each member of the Council shall serve for a term of 2 
years, except that— 
"(A) one-half of the members initially appointed (as des-
ignated by the Secretary) shall serve for terms of 1 year; 
"(B) any vacancy occurring in the membership of the Council 
shall be filled in the same manner as the original appointment, 
and shall not affect the power of the remaining members to 
execute the duties of the Council; 
"(C) any member appointed to such a vacsuicy shall serve 
for the remgiinder of the term for which the predecessor of 
the member was appointed; and 
"(D) members may be reappointed. 
"(5) The initial membership of the Council shall be appointed 
not later than the beginning of program year 1993. 
"(6) The Council shall— 
"(A) solicit the views of a wide variety of Indian tribes and 
Native American groups, including groups operating employ-
ment and training programs funded imder this section, on 
issues affecting the operation and administration of such pro-
grams; 
"(B) advise the Secretary with respect to the implementation 
of programs under this section and other programs providing 
services to Native American youth and adults under this Act; 
"(C) advise and make recommendations to the Secretary with 
respect to the design and implementation of performance stand-
ards developed under section 106(f); 
"(D) advise and make recommendations to the Secretary with 
respect to the services obtained or to be obtained by the Depart-
ment of Labor through contracts or arrangements with non-
Federal agencies or entities that involve the program autihorized 
by this section; 
"(E) evaluate the effectiveness of Native American job train-
ing programs and make recommendations with respect to the 
improvement of such programs; 
(F) advise the Secretary with respect to individuals to be 
considered to fill the position of the official in charge of the 
organizational unit designated under subsection (j)(l) whenever 
a vacancy in such position occurs; and 
"(G) prepare and submit directly to the Secretary and to Reports. 
the Congress, not later than January 1 of each even numbered 
year, a report containing information on the progress of Native 
American job training programs and recommendations for 
improving their administration and effectiveness. 
"(7) Members of the Council shall serve without compensation. 
Each member of the Council shall receive 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, for each day the member is engaged in the performance 
106 STAT. 1076 
PUBLIC LAW 102-367—SEPT. 7, 1992 
of duties away from the home or regular place of business of 
the member. 
"(8) The Secretary shall provide the Council with such administra-
tive support as may be necessary to perform its functions.". 
(d) COMPETITION.—Section 401 of the Act (29 U.S.C. 1671), as 
amended by subsection (c), is further amended by adding at the 
end the following new subsection: 
"(1) The competition for grants imder this section shall be con-
ducted every 2 years, except that if a recipient of such a grant 
has performed satisfactorily under the terms of the existing grant 
agreement, the Secretary may waive the requirement for such com-
petition on receipt from the recipient of a satisfactory 2-year pro-
gram plan for the succeeding 2-year grant period.". 
(e) MIGRANT AND SEASONAL FARMWORKER PROGRAMS.—Section 
402(cX2) of the Act (29 U.S.C. 1672(cX2)) is amended to read as 
follows: 
''(cX2) The competition for grants under this section shall be 
conducted every 2 years, except that if a recipient of such a grant 
has performed satisfactorily under the terms of the existing grant 
agreement, the Secretary may waive the requirement for such com-
petition upon receipt from the recipient of a satisfactory 2-year 
program plan for the succeeding 2-year grant period.". 
(^ RESERVATION.—Section 402 of the Act (29 U.S.C. 1672) is 
amended by striking subsection (f). 
(g) GRANT PROCEDURES.—Part A of title IV of the Act (29 U.S.C. 
1671 et seq.) is amended by adding at the end the following new 
section: 
"GRANT PROCEDURES 
29 use 1673. 
«SEC. 403. Grants under sections 401 and 402 shall be subject 
to the Single Audit Act of 1984 (31 U.S.C. 7501 et seq.) and 
charging of costs under such sections shall be subject to appropriate 
circulars issued by the Office of Management and Budget.". 
SEC. 402. JOB CORPS. 
(a) ELIGIBILITY.—Section 423(1) of the Act (29 U.S.C. 1693(1)) 
is amended by inserting after "except that", the following: "not 
more than 20 percent of the individuals enrolled may be age 22 
through 24, and that either". 
(b) CLARIFICATION OF AUTHORITY To TRANSFER PARTICIPANTS TO 
AND FROM PROGRAMS UNDER TITLE II.—Section 426 of the Act 
(29 U.S.C. 1696) is amended by adding at the end the following 
new subsection: 
"(d) Nothing in this Act shall be construed to prohibit an individ-
ual who has been a participant in the Job Corps from concurrently 
or subsequently participating in programs under title II, or to 
prohibit an individual who has been a participant in programs 
under title II from concurrently or subsequently participating in 
the Job Corps.". 
(c) NONRESIDENTIAL PARTICIPANTS.—Section 427(aX2) of the Act 
(29 U.S.C. 1697(aX2)) is amended by— 
(1) striking "10 percent" and inserting "20 percent"; and 
(2) adding at the end the following new sentences: "In enroll-
ing individuals who are to be nonresidential participants, prior-
ity shall be given to those eligible individuals who are single 
parents with dependent children. The Secretary shall not reduce 
the number of residential participants in Job Corps programs 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1077 
under this part during any program year below the number 
of residential participants during program year 1991 in order 
to increase the number of individuals who are nonresidential 
participants in the Job Corps.". 
(d) CONSERVATION CENTERS.—Section 427 of the Act (29 U.S.C. 
1697) is amended by adding at the end the following new subsection: 
"(c) No funds appropriated to the Department of Labor for any 
fiscal year may be used to carry out euiy contract with a nongovern-
mental entity to administer or manage a Civilian Conservation 
Center of the Job Corps.". 
(e) ADDITIONAL SUPPORT SERVICES REQUIRED.—Section 428 of 
the Act (29 U.S.C. 1698) is amended by adding at the end the 
following new subsections: 
"(e) The Secretary shall, to the extent practicable, provide child Daycare, 
care at or near Job Corps centers, for individuals who require 
child care for their children in order to participate in the Job 
Corps. 
"(f) Each Job Corps center shall provide to enrollees who are i^ugs and drug 
dependent on, or who have a history of abuse of, alcohol or drugs, ^°"se. 
with counseling and referral to related services necessary to prevent 
the continueuice or recurrence of such dependency or abuse.". 
(f) MANAGEMENT FEES.—Section 437 of the Act (29 U.S.C. 1707) 
is amended by adding at the end the following new subsection: 
"(d) The Secretary shall provide all Job Corps contractors with 
an equitable and negotiated management fee of not less than 1 
percent of the contract amount.". 
SEC. 403. NATIONAL ACTIVITIES 
(a) IN GENERAL.—Part D of title IV (29 U.S.C. 1731 et seq.) 
is amended— 
(1) in section 451, to read as follows: 
29 USC 1731. 
"NATIONAL PARTNERSHIP AND SPECIAL TRAINING PROGRAMS 
"SEC. 451. (a) STATEMENT OF PURPOSE.—It is the purpose of 
this section to— 
"(1) improve access to employment and training opportunities 
for individuals with special needs; 
"(2) help alleviate skill shortages and enhance the competi-
tiveness of the labor force; 
"(3) meet special training needs that are best addressed on 
a multistate or industry-wide basis; and 
"(4) encourage the participation and support of all segments 
of society to further the purposes of this Act. 
"(b) PROGRAM AUTHORIZED.—^The Secretary may establish a sys-
tem of, and award, special grants to eligible entities to carry out 
programs that are most appropriately administered at the national 
level. 
"(c) PROGRAMS.—Programs that are most appropriately adminis-
tered at the national level include— 
"(1) partnership programs with national organizations with 
special expertise in developing, organizing, and administering 
employment and training programs at the national. State, and 
local levels, such as industry and labor associations, public 
interest groups, community-based organizations representative 
of groups that encounter special difficulties in the labor market, 
and other organizations with special knowledge or capabilities 
in education and training; 
106 STAT. 1078 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(2) programs that— 
(A) address industry-wide skill shortages; 
"(B) meet training needs that are best addressed on 
a multistate basis; and 
"(C) further the goals of increasing the competitiveness 
of the United States labor force; and 
"(3) programs that require technicsd expertise available at 
the national level to serve specialized needs of particular cUent 
groups, including at-risk youth, offenders, individuals of Hm-
ited-English language proficiency, individuals vdth disabilities, 
women, immigrants, single parents, substance abusers, dis-
placed homemakers, youth, older individuals, veterans, school 
dropouts, public assistance recipients, and other individuals 
who the Secretary determines require special assistance."; 
29 use 1732. 
(2) in section 452, to read as follows: 
"RESEARCH, DEMONSTRATION, AND EVALUATION 
"SEC. 452. (a) STATEMENT OF PURPOSE.—It is the purpose of 
this section to assist the United States in expanding employment 
opportunities and ensuring access to such opportunities for all 
who desire such opportunities. 
"(b) PROGRAM ESTABLISHED.— 
"(1) IN GENERAL.—^The Secretary shall establish a comprehen-
sive program of training and employment research, utilizing 
the methods, techniques, and knowledge of the behavioral and 
social sciences and such other methods, techniques, emd knowl-
edge as will aid in the solution of the emplo3mient and training 
problems of the United States. 
"(2) STUDIES.—^The program established under this section 
may include studies concerning— 
"(A) the development or improvement of Federal, State, 
local, and privately supported employment and training 
programs; 
"(B) labor market processes and outcomes, including 
improving workplace literacy; 
"(C) policies and programs to reduce unemployment and 
the relationships of the policies and programs with price 
stability and other national goals; 
"(D) productivity of labor; 
"(E) improved means of using projections of labor supply 
and demand, including occupational and skill requirements 
and areas of labor shortages at the nation£il and 
subnational levels; 
"(F) methods of improving the wages and emplo3nment 
opportunities of low-skilled, disadvantaged, and dislocated 
workers, and workers with obsolete skills; 
"(G) methods of addressing the needs of at-risk popu-
lations, such as youth, homeless individuals and other 
dependent populations, older individuals, and other groups 
with multiple barriers to employment; 
"(H) methods of developing information on immigration, 
international trade and competition, technological change, 
and labor shortages; and 
"(I) methods of easing the transition from school to work, 
from transfer payment receipt to self-sufficiency, from one 
job to another, and from work to retirement. 
"(c) PILOT AND DEMONSTRATION PROGRAMS.— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1079 
"(1) PROGRAM ESTABLISHED.— 
"(A) IN GENERAL,—^The Secretary shall establish a pro-
gram of pilot and demonstration programs for the purpose 
of developing and improving techniques and demonstrating 
the effectiveness of specialized methods in addressing 
employment and training needs. The Secretary may award 
grants Eind enter into contracts with entities to carry out 
the programs. 
"(B) PROJECTS.—Such programs may include projects in 
such areas as— 
"(i) school-to-work,transition; 
"(ii) new methods of imparting literacy skills and 
basic education; 
"(iii) new training techniques (including projects 
undertaken with the private sector); 
"(iv) methods to eliminate artificial barriers to 
employment; 
"(v) approaches that foster participation of groups 
that encounter special problems in the labor market 
(such as displaced homemakers, teen parents, welfare 
recipients, and older individuals); 
"(vi) processes that demonstrate effective methods 
for alleviating the adverse effects of dislocations and 
plant closings on workers and their communities; and 
"(vii) cooperative ventures among business, industry, 
labor, trade associations, community-based org£uiiza-
tions or nonprofit organizations to develop new and 
cost-effective approaches to improving work force lit-
eracy. 
"(2) 
EVALUATION 
COMPONENT.—Demonstration 
programs 
assisted under this subsection shall include a formal, rigorous 
evaluation component. Pilot programs assisted under this sub-
section shall include an appropriate evaluation component. 
"(3) SPECIAL RULE.—No demonstration program under this 
subsection shall be assisted under this section for a period 
of more than 7 years. No pilot program under this subsection 
shall be assisted under this section for a period of more than 
3 years. 
"(d) EVALUATION.— 
"(1) PROGRAMS.— 
"(A) JOB TRAINING PROGRAMS.—The Secretary shall pro-
vide for the continuing evaluation of programs conducted 
under this Act, including the cost effectiveness of the pro-
gram in achieving the purposes of this Act. 
"(B) OTHER PROGRAMS.—The Secretary may conduct 
evaluations of other federally funded employment-related 
activities including programs administered under— 
"(i) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); 
"(ii) the National Apprenticeship Act (29 U.S.C. 50 
et seq.); 
"(iii) the Older Americans Act of 1965 (42 U.S.C. 
3001 et seq.); 
"(iv) chapter 2 of title II of the Trade Act of 1974 
(19 U.S.C. 2271 et seq.); and 
"(v) the Federal unemployment insurance program 
imder titles III, IX, and XII of the Social Security 
106 STAT. 1080 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Act (42 U.S.C. 501 et seq., 1101 et seq., and 1321 
etseq.). 
"(2) TECHNIQUES.— 
"(A) METHODS.—Evaluations conducted under paragraph 
(1) shall utilize sound statistical methods and techniques 
of the behavioral and social sciences, including random 
assignment methodologies if feasible. 
"(B) ANALYSIS.—Such evaluations may include cost-bene-
,, 
fit 
analysis of programs, the impact of the programs on 
community and participants, the extent to which pro-
grams meet the needs of various demographic groups, and 
„ 
the effectiveness of the delivery systems used by various 
"
^ 
programs. 
"(C) EFFECTIVENESS.—The Secretary shall evaluate the 
s 
effectiveness of programs authorized under this Act with 
respect to— 
'' 
"(i) the statutory goals; 
"(ii) the performance standards established by the 
Secretary; and 
"(iii) the extent to which such programs enhance 
the employment and earnings of participants, reduce 
income support costs, improve the employment com-
petencies of participants in comparison to comparable 
persons who did not participate in such programs, 
and, to the extent feasible, increase the level of total 
employment over the level that would have existed 
in the absence of such programs."; 
29 use 1733. 
(3) in section 453, to read as follows: 
"CAPACITY BUILDING, INFORMATION, DISSEMINATION, AND 
REPLICATION ACTIVITIES 
"SEC. 453. (a) NATIONAL STRATEGY.—The Secretary shall develop 
a national strategy for carrying out the activities described in 
subsection (b)(2) and the replication of programs described in sub-
section (c), and shall ensure the implementation of the national 
strategy. 
"(b) NETWORK.— 
"(1) ESTABLISHMENT.— 
"(A) IN GENERAL.—The Secretary shall establish a Capac-
ity Building and Information and Dissemination Network 
(referred to in this section as the 'Network') to enhance 
the effectiveness of and to strengthen the caliber of services 
provided through programs authorized under this Act and 
other Federal, State, and local employment and training 
programs. 
"(B) ADMINISTRATION.—The Secretary shall establish and 
maintain such Network— 
"(i) directly; 
"(ii) under an interagency agreement; or 
"(iii) through a grant or contract awarded on a 
competitive basis to a single entity, or to a system 
' 
of entities coordinated by the Secretary, with appro-
priate expertise. 
"(2) ACTIVITIES.—The Network shall— 
"(A) provide, coordinate, and support the development 
of, appropriate training, technical assistance, staff develop-
ment, and other activities that will— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1081 
"(i) enhance the skills, knowledge, and expertise of 
the personnel who staff employment and training and 
other closely related human service systems, including 
service providers; 
"(ii) improve the quality of services provided to 
individuals served under this Act and other Federal 
emplojrment and training programs and encourage 
integrated service delivery under such programs 
using— 
**(I) where cost effective, interactive communica-
tion systems and satellite technology; and 
"(II) where possible, staff trained in a variety 
of Federal human resource programs; 
"(iii) improve the planning, procurement, 
and 
contracting practices pursuant to this Act; and 
"(iv) provide broad human services policy and plan-
ning training to— 
"(1) private industry council volunteers; and 
"(II) where appropriate, members of State 
human resource investment councils and other 
State councils; 
"(B) prepare and disseminate staff training curricula and 
materials, primarily using computer-based technologies, for 
employment and training professionals and support staff, 
that focus on enhancing staff competencies and profes-
sionalism, including instruction on the administrative 
requirements of this Act, such as procurement and contract-
ing standards and regulations; and 
"(CXi) identify, develop, disseminate, and provide train-
ing in the techniques learned from, innovative and success-
ful program models, materials, methods, and information, 
by using computer-based technologies for organizing a data 
base and dissemination and commimication system for the 
Network, and establishing a computer-based communica-
tions and dissemination methodology to sheu*e information 
among employment and training personnel and institu-
tions; and 
"(ii) in identifying such program models, ensure that 
consideration shall be given to— 
"(I) the size and scope of the program; 
"(II) the length of time that the program has been 
operating; 
"(III) tiie nature and reliability of measurable out-
comes for the program; 
"(IV) the capacity of the sponsoring organization to 
provide the technical assistance necessary for States 
and service delivery areas to replicate the program; 
and 
"(V) the likelihood that the program will be success-
ful in diverse economic, geographic, and cultural 
environments. 
"(3) CHARGES.—^The Network may require cost-sharing to 
offset the actual costs of institute training, materials acquisi-
tion, or information dissemination. Any resulting income shall 
be used in accordeuice with section 141(m). 
106 STAT. 1082 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(4) COORDINATION.— 
"(A) IN GENERAL.—The Secretary shall consult with the 
Secretaries of Education and Health and Human Services, 
as appropriate, to coordinate the activities of the Network 
with 
other 
relevant 
institutes, centers, 
laboratories, 
clearinghouses, or dissemination networks, such as the 
National Diffusion Network. 
"(B) COORDINATION WITH REPLICATION GRANT PROGRAM.— 
To the extent possible, the Network shall coordinate the 
activities of the Network with activities assisted under 
the replication grant program conducted under subsection 
(c). 
"(c) REPLICATION.— 
Grants. 
"(1) REPLICATION PROGRAM AUTHORIZED.—The Secretary shall 
Nonprofit 
make competitive grants to public or private nonprofit organiza-
organizations. 
tions for technical assistance, and to States and service delivery 
areas for planning and program development, to promote the 
replication of employment and training programs that are 
successful in improving the employment prospects of popu-
lations served under this Act and that are replicable on a 
large scale. In making such grants, the Secretary shall consider 
the recommendations described in paragraph (2)(B) of the 
review panel established under paragraph (2)(A) regarding such 
programs. 
"(2) REVIEW PANEL.— 
"(A) ESTABLISHMENT.—The Secretary shall establish a 
review panel comprised of not more th£in 6 individuals 
appointed by the Secretary who are recognized experts 
in the operation and evaluation of employment and training 
programs for economically disadvantaged youth and adults, 
and dislocated workers. 
"(B) RECOMMENDATIONS.—The review panel shall make 
recommendations to the Secretary regarding model pro-
grams that the panel considers likely to be successful in 
improving such employment prospects of populations 
served under this Act and to be replicable on a large 
scale. 
"(C) CONSIDERATIONS.—In recommending such programs 
the review panel shall use the considerations described 
in subsection (b)(2)(C)(ii). 
"(D) MEETINGS.—^The review panel shall meet not more 
than once each year to carry out the responsibilities 
described in this paragraph. 
"(E) CONFLICT OF INTEREST.—^No member of such panel 
shall have a direct financial interest in or affiliation with 
a potential recipient of funds under the program authorized 
by this section. 
"(3) APPLICATIONS.— 
"(A) NONPROFIT ORGANIZATION.—Any public or private 
nonprofit organization desiring to receive such a grant 
to provide the technical assistance necessary for progreim 
replication may submit an application to the Secretary 
at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reason-
ably require. 
"(B) STATE; SERVICE DELIVERY AREA.—Any State or serv-
ice delivery area desiring to receive such a grant for 
planning and program development associated with a rep-
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1083 
lication effort shall submit an application to the Secretary 
at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reason-
ably require. 
"(C) CONTENTS.—Each application described in subpara-
graph (A) or (B) shall contain— 
"(i) a description of the program proposed for replica-
tion and available evidence of the success of the pro-
gram in improving the employment prospects of 
economically disadvantaged youth and adults, and dis-
located workers, within each such service delivery area; 
and 
"(ii) in the case of applications described in subpara-
graph (A), an assurance that the organization will 
enter into £ui agreement with the service delivery areas 
in which the program is to be replicated, to participate 
in the replication program. 
"(4) GRANT LIMITATIONS.— 
"(A) LIMITATION.—In any 3-year period the Secretary 
shall not approve grants for the same replication activities 
in more than 10 States or communities. During such 3-
year period, the results of such limited replication efforts 
shall be carefully evaluated and examined by the Secretary 
regarding the advisability of replicating the model program 
in more than 10 States or communities or for longer than 
3 years. 
"(B) WAIVER.—^The Secretary may waive the limitation 
set forth in subparagraph (A) for a program if immediate 
replication efforts on a larger scale are warranted by exten-
sive evaluation of the program prior to designation as 
a model program under this subsection. 
"(5) COORDINATION.—To the extent possible, the Secretary 
shall coordinate the activities assisted under the replication 
^ a n t program conducted under this subsection with the activi-
ties of the Network under subsection (b). The Secretary shall 
ensure that information on the programs replicated imder this 
subsection shall be available through the Network. 
"(d) MANAGEMENT CAPABILITY.— 
"(1) GRANTS.—From the amounts reserved under- section 
3(c)(2)(B)(ii)(III) for each fiscal year to carry out this subsection, 
the Secretary may award grants to States for the purpose 
of assisting the States in carrying out the activities described 
in section 202(c)(1)(A). 
"(2) ELIGIBILITY.—^A State that receives an amount under 
section 202(c)(1)(A) for a fiscal year that is less than $500,000 
shall be eligible to receive a grant imder this subsection for 
the fiscal year. 
"(3) AMOUNT OF GRANT.—^The amount of a grant awarded 
to a State for a fiscal ye£ir under paragraph (1) shall not 
exceed the lesser of— 
"(A) $100,000; or 
"(B) the difference obtained by subtracting from $500,000 
the amount received by the State for the fiscal year imder 
section 202(c)(1)(A). 
"(4) AWARD OF GRANTS.—In determining whether to award 
a grant to a State under paragraph (1), and in determining 
the amount of such a grant, the Secretary shall take into 
106 STAT. 1084 
PUBLIC LAW 102-367—SEPT. 7, 1992 
account the demonstrated need of the State to receive such 
a grgint, as indicated by— 
"(A) the number of service dehvery areas in the State; 
and 
"(B) the demonstrated insufficiency of resources of the 
State to administer State responsibiUties under sections 
121 and 122. 
"(5) APPLICATION.—^To be ehgible to receive a grant under 
this subsection for a fiscal year, a State shall submit 
£in application at such time, in such manner, and containing 
such information as the Secretary may require, including suffi-
cient information to enable the Secretary to make the deter-
minations described in paragraph (4). 
"(6) USE OF FUNDS.—^The Secretary shall make available to 
carry out subsections (b) and (c) any amounts reserved under 
section 3(c)(2)(B)(ii)(III) for a fiscal year and not expended 
to make grants under paragraph (1) for such year."; 
29 use 
(4) striking sections 454 through 456; and 
29^u^^i737 
(5)(A) redesignating section 457 as section 456; and 
(B) striking the heading for section 456 (as redesignated 
by subparagraph (A)) and inserting "NONTRADITIONAL EMPLOY-
MENT DEMONSTRATION PROGRAM". 
(b) TRAINING AND TECHNICAL ASSISTANCE.—Part D of title IV 
of the Act (29 U.S.C. 1671 et seq.) is amended by inserting after 
section 453 the following: 
"GUIDANCE ON ELIGIBILITY VERIFICATION 
29 use 1734. 
"SEC. 454. (a) ESTABLISHMENT.—The Secretary shall provide guid-
ance and technical assistance, to States and service delivery areas, 
relating to the documentation required to verify the eligibiUty of 
participants under parts A, B, and C of title II of this Act, particu-
larly the hard-to-serve individuals specified in section 203(b) and 
subsections (b) and (d) of section 263. Such documentation shall, 
to the extent practicable, be uniform and standard. 
"(b) GUIDANCE.—^The guidance provided pursuant to subsection 
(a), while maintaining program integrity, shall— 
"(1) limit the documentation burden to the minimum nec-
essary to adequately verify such eligibility; and 
"(2) ensure, to the extent practicable, that the documentation 
requirements shall not discourage the participation of eUgible 
individuals. 
"(c) CONTENTS.—^The guidance provided pursuant to subsection 
(a) shall specifically address income eligibility, assessment, the 
determination regarding whether an individual is a hard-to-serve 
individual, and specific uniform or standardized documentation 
forms or procedures (including simplified standardized forms, auto-
mated intake procedures, and self-certification documents) and 
other documentation proxies (such as JOBS and Job Corps eligibility 
forms). 
"(d) DATE.—^The Secretary shall provide the guidance described 
in subsection (a) not later than December 18,1992.". 
SEC. 404. UNIFORM REQUIREMENTS. 
(a) REPORTING; TRAINING NETWORK—Part D of title IV of the 
Act (29 U.S.C. 1731 et seq.), is amended by inserting after section 
454 (as added by section 403) the following new section: 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"UNIFORM REPORTING REQUIREMENTS 
106 STAT. 1085 
"SEC. 455. (a) FINDING.—Congress finds that closer coordination 29 use 1735. 
and more effective use of resources among a variety of employment 
and training programs can be facilitated if the programs have 
common data elements and definitions. 
"(b) DATA ELEMENTS.—The Secretaries of Labor, Education, and 
Health and Human Services, in consultation with other appropriate 
departments and with the National Occupational Information 
Coordinating Committee, shall identify a core set of consistently 
defined data elements for employment and training programs, 
including those funded under titles II, III, and IV of this Act, 
the Wagner-Peyser Act (29 U.S.C. 49 et seq.), the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2301 
et seq.), the JOBS program, and title V of the Older Americans 
Act of 1965 (42 U.S.Cf. 3056 et seq.). 
"(c) REPORT.—^The Secretary shall prepare and submit to Congress 
not later than January 1, 1994, a report listing recommended data 
elements and their definitions, and containing an analysis of the 
benefits of the adoption of the data elements and definitions. 
"(d) CONSULTATION.—The Secretary shall consult with experts 
and practitioners, at the Federal, State, and local levels and in 
the various program areas, in fulfilling the requirements of this 
section. The Secretary shall also consult with the General Account-
ing Office in fulfilling the requirements of this section.**. 
SEC. 405. LABOR MARKET INFORMATION. 
(a) COOPERATIVE LABOR MARKET INFORMATION.—Section 462 of 
the Act (29 U.S.C. 1752) is amended by adding at the end the 
following new subsection: 
"(g)(1) Taking into consideration research previously conducted 
by the National Commission for Employment Policy and other enti-
ties, the Commissioner of Labor Statistics, in cooperation with 
the States, shall determine appropriate procedures for establishing 
a nationwide database containing information on the quarterly earn-
ings, establishment and industry affiliation, and geographic location 
of employment, for all individuals for whom such information is 
collected by the States. 
"(2) The Commissioner of Labor Statistics shall determine appro- Privacy. 
priate procedures for maintaining such information in a longitudinal 
manner and for making such information available for policy 
research or program evaluation purposes or both, while ensuring 
the confidentiality of information and the privacy of individueds. 
"(3) The Secretary shall prepare and submit to the Congress, Reports, 
not later than 12 months after the date of enactment of the Job 
Training Reform Amendments of 1992, a report that shall describe 
the costs and benefits, including savings on program foUowup sur-
veys, of a nationwide database containing the information described 
in paragraph (1) and a schedule that would allow for the establish-
ment of such a database. 
(b) SPECIAL FEDERAL RESPONSIBILITIES.—Section 463(a) of the 
Act (29 U.S.C. 1753(a)) is amended by inserting "the Secretanr 
of Health and Human Services,*' after "the Secretary of Education, . 
(c) 
NATIONAL 
OCCUPATIONAL 
INFORMATION 
COORDINATING 
COMMITTEE.—Section 464 of the Act (29 U.S.C. 1754) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking "not more than 
$5,000,000'* and inserting "$6,000,000"; and 
106 STAT. 1086 
PUBLIC LAW 102-367—SEPT. 7, 1992 
(B) in paragraph (2) by striking "for Manpower, Reserve 
Affairs, and Logistics" and inserting "Force Management 
and Personnel"; and 
(2) in subsection (b)— 
(A) in paragraph (2) by inserting after "give special atten-
tion to trie" the following: "career development and"; and 
(B) in paragraph (5) by inserting after "any aspect of 
occupational and career information systems" the following: 
"and coordination and compatibility of human resources 
data systems operated by Federal agencies or the States, 
including systems to assist economic development activities 
and, where appropriate, provide support to States in the 
implementation of such system improvements.". 
SEC. 406. ESTABLISHMENT OF THE YOUTH FAIR CHANCE PROGRAM. 
Title IV of the Act (29 U.S.C. 1671 et seq.) is amended by 
adding at the end the following new part: 
Education. 
"PART H—YOUTH FAIR CHANCE PROGRAM 
Disadvantaged. 
Urb^and rural "SEC. 491. STATEMENT OF PURPOSE. 
*]^®T^^,„oo 
"It is the purpose of the Youth Fair Chance program under 
29USC1782. 
this part to— 
"(1) ensure access to education and job training assistance 
for youth residing in high poverty areas of urban and rursJ 
communities; 
"(2) provide a comprehensive range of education, training, 
and employment services to disadvantaged youth who are not 
currently served or are underserved by Federal education and 
job training programs; 
"(3) enable communities with high concentrations of poverty 
to establish and meet goals for improving the opportunities 
available to youth within the community; and 
"(4) facilitate the coordination of comprehensive services to 
serve youth in such communities. 
29 use 1782a. 
«SEC. 492. PROGRAM AUTHORIZED. 
"(a) ESTABLISHMENT OF PROGRAM.—-The Secretary is authorized 
to establish a national program of Youth Fair Chance grants to 
pay the Federal share attributable to this part of providing com-
prehensive services to youth living in high poverty areas in the 
cities and rural areas of the Nation. 
"(b) EUGIBILITY FOR GRANTS.— 
"(1) RECIPIENTS.—^The Secretary may only award grants 
under this part to— 
"(A) the service delivery area (on behalf of the participat-
ing community) in which a target area is located; 
"(B) in the case of a grant involving a target area located 
in an Indian reservation or Alaska Native village, the 
grantee designated under subsection (c) or (d) of section 
401, or a consortium of such grantees and the State; or 
"(C) in the case of a grant involving a target area located 
in a migrant or seasonal farmworker community, the 
grantee designated under section 402(c), or a consortium 
of such grantees and the State. 
"(2) NUMBER OF GRANTS.— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1087 
"(A) IN GENERAL.—^The Secretary may award not more 
than 25 greints during the first fiscal year that the program 
is authorized. 
"(B) INDIAN RESERVATIONS AND ALASKA NATIVE VIL-
LAGES.—In awarding grants under this part during the 
first 5 fiscal years that the program is assisted, the Sec-
retary shall award— 
"(i) at least 1 grant to a grantee or consortium 
described in paragraph (1)(B); and 
"(ii) at least 1 grant to a grantee or consortium 
described in paragraph (1)(C). 
"(c) RENEWABILITY OF GRANTS.— 
"(1) IN GENERAL.—Grants awarded under this part shall be 
for a 1-year period. Such a grant shall be renewable for each 
of the 2 succeeding fiscal years if the Secretary determines 
the grant recipient complied with conditions of the grant during 
the previous fiscal year. 
"(2) EXTENSION.—^The Secretary may extend the renewal 
period set forth in paragraph (1) for an additional 2 fiscal 
years on reapplication. 
"(d) FACTORS FOR AWARDS.—In awarding greuits under this part, 
the Secretary shall consider the quality of the proposed project, 
the goals to be achieved, the likelihood of successful implementation, 
the extent of community support, other Federal and non-Federal 
funds available for similar purposes, and additional State, local, 
or private resources that will be provided. The Secretary shall 
give priority to participating communities with the highest poverty 
rates. 
*«EC. 493. APPLICATION. 
29 USC 1782b. 
"(a) ELIGIBILITY TO APPLY.—Participating communities that have 
the highest concentrations of poverty, as determined by the Sec-
retary based on the latest Bureau of the Census estimates, shall 
be eligible to apply for a Youth Fair Chance grant. 
"(b) CONTENTS OF APPLICATION.— 
"(1) IN GENERAL.—Each participating community desiring a 
grant under this part shall, through the individuals set forth 
in subsection (c), submit an application to the Secretary at 
such time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require. 
"(2) CONTENTS.—Each such application shall— 
"(A) include a comprehensive plan for the Youth Fair 
Chance initiative designed to achieve identifiable goals for 
youth in the target area; 
"(B) set forth measurable program goals and outcomes, 
which may include increasing the proportion of— 
"(i) youth completing high school or its equivalent; 
"(ii) youth entering into postsecondary institutions, 
apprenticeships, or other advanced training programs; 
"(iii) youth placed in jobs; or 
"(iv) youth participating in education, training, and 
employment services; 
"(C) include supporting goals for the target area such 
as increasing security and safety, or reducing the number 
of drug-related arrests; 
"(D) provide assurances that the applicant will comply 
with the terms of the agreement described in section 494; 
106 STAT. 1088 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(E) demonstrate how the participating community will 
make use of the resources, expertise, and commitment of 
institutions of higher education, educational agencies, and 
vocational and technical schools and institutes; 
"(F) provide an assurance that all youth in the target 
areas will have access to a coordinated and comprehensive 
range of education and training opportunities that serve 
the broadest range of youth interests and needs and 
simultaneously mobilizes the diverse range of education 
and training providers in the participating community; 
"(G) provide assurances that the youth in the target 
area will have access to supportive services necessary for 
successful participation, including such services as child 
care, transportation, and assistance in resolving personal 
or family crises, such as crises related to substance abuse, 
homelessness, migration, and family violence; 
"(H) include a description of a system of common intake 
procedures or sites, individualized assessment, and case 
management to be used by the program; 
"(I) demonstrate how the participating community will 
make use of the resources, expertise, and commitment of 
such programs and service providers as— 
"(i) community-based organizations providing voca-
tional skills, literacy skills, remedial education, and 
general equivalency preparation, including community-
based organizations serving youth with limited-English 
proficiency; 
"(ii) youth corps programs, including youth conserva-
tion and human service corps; 
"(iii) Job Corps centers; 
"(iv) apprenticeship programs; and 
"(v) other projects and programs funded under this 
Act; 
"(J) include an estimate of the expected number of youth 
in the target area to be served; 
"(K) include a description of the resources available in 
the participating community from private, local govern-
ment. State, and Federal sources that will be used to 
achieve the goals of the program; 
"(L) include an estimate of funds required to ensure 
access to appropriate education, training, and support serv-
ices for all youth in the target area who seek such 
opportunities; and 
"(M) provide evidence of support for accomplishing the 
stated goals of the participating community from— 
"(i) local elected officials; 
"(ii) the local school system; 
"(iii) appropriate postsecondary education and train-
ing institutions; 
"(iv) the applicable private industry council; 
"(v) local community leaders; 
"(vi) business; 
"(vii) labor organizations; and 
"(viii) other appropriate organizations. 
"(c) SUBMISSION OF APPLICATION.—The application for funds 
described in subsection (b) may only be submitted to the Secretary 
on behalf of a participating community by— 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1089 
"(1) the mayor of a city or the chief elected official in a 
metropolitan statistical area, after the Governor of the State 
has had an opportunity to comment on the application; 
"(2) the chief elected official of a nonmetropolitan county 
or 
the 
designated 
chief 
elected 
official 
of 
contiguous 
nonmetropolitan counties, after the Governor of the State has 
had an opportunity to comment on the application; or 
"(3) a grantee or consortium described in subparagraph (B) 
or (C) of section 492(b)(1) in applications for Native American 
or migrant or seasonal farmworker communities, respectively. 
"SEC. 494. GRANT AGREEMENT. 
29 USC 1782c. 
"(a) IN GENERAL.—Each grant recipient receiving a grant under 
this part on behalf of a participating community shall enter into 
an agreement with the Secretary. 
"(b) CONTENTS.—Each such agreement shall— 
"(1) designate a target area that— 
"(A) will be the focus of the demonstration project; and 
"(B) shall have a population of— 
"(i) not more than 25,000; or 
"(ii) in an appropriate case, not more than 50,000, 
except that in the event that the population of an area 
from which a high school draws a substantial portion of 
its enrollment exceeds either limit, the target area may 
encompass such boundary; 
"(2) contain assurances that funds provided under this part 
will be used to support education, training, and supportive 
activities selected from a set of youth program models des-
ignated by the Secretary or from alternative models described 
in the application and approved by the Secretary, such as— 
"(A) nonresidential learning centers; 
"(B) alternative schools; 
"(C) combined activities including summer remediation, 
work experience and work readiness training, and school-
to-work, apprenticeship, or postsecondary education pro-
grams; 
"(D) teen parent programs; 
"(E) special programs administered by community col-
leges; 
"(F) youth centers; 
"(G) initiatives aimed at increased rural student enroll-
ment in postsecondary institutions; 
"(H) public-private collaborations to assure private sector 
employment and continued learning opportunities for 
youth; and 
"(I) initiatives, such as youth corps programs, that com-
bine community and youth service opportunities with edu-
cation and training activities; 
"(3) provide that funds received under this part will be used 
for services to youth ages 14 through 21 at the time of enroll-
ment; 
"(4) contain assurances that the local educational agency 
and any other educational agency that operates secondary 
schools in the target area shall provide such activities and 
resources as are necessary to achieve the educational goals 
specified in the application; 
106 STAT. 1090 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(5) contain assurances that the participating community will 
provide such activities and local resources as are necessary 
to achieve the goals specified in the application; 
"(6) contain assurances that the participating community will 
undertake outreach and recruitment efforts in the target area 
to encourage, to the meiximum extent possible, participation 
by the disadvantaged youth who are currently unserved, or 
underserved, by education and training programs, including 
targeted measures specifically designed to enlist the participa-
tion of youth, particularly males, under the jurisdiction of the 
child welfare, juvenile justice, and criminal justice systems; 
"(7) provide that the participating community will carry out 
special efforts to establish coordination with Federal, State, 
or local programs that serve the target population; 
"(8) provide assurances that funds provided under this part 
for a fiscal year will be used only to pay the Federal share 
attributable to this part of the cost of programs and services 
not otherwise available in the target area and will supplement, 
and not supplant, funding from other local. State, and Federal 
sources available to youth in the target area during the previous 
year; and 
"(9) permit funds provided under this part to be used to 
support paid work experience programs if such programs are 
combined with other education and training activities. 
29 use 1782d. 
"SEC. 495. JOB GUARANTEES. 
"(a) PROGRAM AUTHORITY.—^The Secretary shall permit a reason-
able number of the grant recipients under this part to enter into 
an agreement to provide, in accordance with this section, a job 
guarantee program to youths meeting prior school attendance and 
performance standards. 
"(b) GUARANTEE AGREEMENTS.—^A grant recipient providing such 
a job guarantee program shall enter into an agreement with the 
Secretary, which agreement shall— 
"(1) provide that the program be available to youth age 16 
to 19 who undertake a commitment to continue and complete 
their high school education; 
"(2) require the grant recipient to guarantee employment 
to each youth undertaking the commitment if such youth meets 
school attendance and performance standards for the previous 
school semester, as established by the Secretary in consultation 
with the Secretary of Education; 
"(3) provide that the grant recipient will make additional 
services available to support the undertaking of any such youth, 
which shall include counseling, job development and placement, 
and supportive services (including child care and transpor-
tation); 
"(4) specify the conditions under which funds provided under 
this part may be used to provide wage subsidies of up to 
50 percent through employers, which conditions shall— 
"(A) encourage subsidies to employers who provide 
advanced or specialized training, or who provide a struc-
tured and integrated learning experience involving the 
school and employer; and 
"(B) limit the duration of such subsidies to not more 
than 1 year; 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1091 
"(5) require that the employment provided to any such youth 
shall not exceed 15 hours per week during the school year; 
"(6) permit employment to continue through the summer 
following high school graduation, or until the youth reaches 
age 19, whichever is later; and 
"(7) contain such other terms and conditions as the Secretary 
requires by regulation. 
"(c) SELECTION OF GRANT RECIPIENTS.—In determining which 
grant recipients to permit to enter an agreement under this section, 
the Secretary shall seek to target funds to areas with the highest 
poverty rates. 
"(d) YOUTH ELIGIBILITY.—^All youth, regardless of income, residing 
in an eligible high poverty area shall be eligible to participate 
in the job guarantee program. 
"(e) PRIVATE B\JNDS.—^Nothing in this section shall be construed 
to prohibit the grant recipient from raising funds to augment such 
grant if such funds are utilized under the conditions of the grant, 
except that such funds shall not be used for administration. 
•«EC. 496. PAYMENTS; FEDERAL SHARE. 
29 USC 1782e. 
"(a) PAYMENTS REQUIRED.—^In any fiscal year, the amount of 
a grant awarded under this part shall be based on the size of 
the target area and the extent of the poverty in such area, and 
shall be of sufficient size and scope to carry out an effective program 
under this part. 
"(b) FEDERAL SHARE.—The Federal share attributable to this 
part of the cost of providing comprehensive services as provided 
in section 492(a) shall be not less than 70 percent for each fiscal 
year a grant recipient receives assistance under this Act. 
"(c) OTHER FEDERAL SOURCES.—In providing for the remaining 
share of such cost, each grant recipient may provide not more 
than 20 percent of such cost from Federal sources other than 
funds received pursuant to this part. 
"(d) NON-FEDERAL SHARE.—^A grant recipient shall provide non-
Federal fimds in an amount not less than 10 percent of such 
cost, an in-kind contribution equivalent to such percent (as deter-
mined by the Secretary), or a combination thereof. 
*«EC. 497. REPORTING. 
29 USC 1782f. 
"The Secretary is authorized to establish such reporting proce-
dures as are necessary to carry out the purposes of this part. 
''SEC. 498. FEDERAL RESPONSIBILITIES. 
29 USC 1782g. 
"(a) IN GENERAL.—^The Secretary shall provide assistance to 
participating communities in implementing the projects assisted 
under this p£ut. 
"(b) INDEPENDENT EVALUATION.— 
"(1) IN GENERAL.—^The Secretary shall provide for a thorough, 
independent evaluation of the Youth Fair Chance program to 
assess the outcomes of youth participating in programs assisted 
under this part. 
"(2) EVALUATION MEASURES.—In conducting the evaluation 
described in paragraph (1) the Secretary shall include an 
assessment o
f
— 
"(A) the impact on youth residing in target areas, includ-
ing the rates of school completion, enrollment in advanced 
education or training, and employment of the youth; 
106 STAT. 1092 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(B) the extent to which participating communities ful-
filled the goal of guaranteed access to appropriate edu-
cation, training, and supportive services to all eligible youth 
residing in target areas who seek to participate; 
"(C) the effectiveness of guaranteed access to comprehen-
sive services combined with outreach and recruitment 
efforts in enlisting the participation of previously unserved 
or underserved youth residing in target areas; 
"(D) the effectiveness of efforts to integrate service deliv-
ery in target areas, including systems of common intake, 
assessment, and case management; and 
"(E) the feasibility of extending guaranteed access to 
comprehensive education, training and support services for 
youth in all areas of the United States, including possible 
approaches to incremental extension of such access over 
time. 
"(c) REPORT,—^The Secretary shall prepare a report detailing the 
results of the independent evaluation described in subsection (b) 
and shall submit such report to the Congress not later than Decem-
ber 31, 1996, along with an analysis of expenditures made, results 
achieved, and problems in the operations and coordination of pro-
grams assisted under this part. 
"(d) RESERVATION OF FUNDS.—The Secretary may reserve not 
more than 5 percent of the amount appropriated under this part 
in each fiscal year to carry out the provisions of this section. 
29 use 1782h. 
"SEC. 498A. DEFINITIONS. 
"For the purposes of this part— 
"(1) PARTICIPATING COMMUNITY.—The term 'participating 
community*— 
"(A) in the case of a community conducting a project 
in an urban area, means a city in a metropolitan statistical 
area; 
"(B) in the case of a community conducting a project 
in a rural area, means a nonmetropolitan county or contig-
uous nonmetropolitan counties; 
"(C) in the case of a community conducting a project 
in an Indian reservation or Alaska Native village, the 
grantee designated under subsection (c) or (d) of section 
401, or a consortium of such grantees and the State; or 
"(D) in the case of a community conducting a project 
in a migrant or seasonal farmworker community, the 
grantee designated under section 402(c), or a consortium 
of such grantees and the State. 
"(2) HIGH POVERTY AREA.—The term 'high poverty area* 
means an urban census tract, a nonmetropolitan county, a 
Native American Indian reservation, or an Alaska Native vil-
lage, with a poverty rate of 30 percent or more, as determined 
by the Bureau of the Census, or a migrant or seasonal farm-
worker community. 
"(3) TARGET AREA.—^The term 'target area' means a high 
poverty area or set of contiguous high poverty areas that will 
be the focus of the program in each participating community.". 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1093 
SEC. 407. ESTABLISHMENT OF THE MICROENTERPRISE GRANTS PRO-
GRAM. 
Title IV of the Act (29 U.S.C. 1671 et seq.), as amended by 
section 406, is further amended by adding at the end the foUovdng 
new part: 
**PART I—MICROENTERPRISE GRANTS PROGRAM 
Disadvantaged. 
"SEC. 499. MICROENTERPRISE GRANTS. 
29 USC 1783. 
"(a) PROGRAM AUTHORITY.—From the amoimt appropriated to 
carry out this section for fiscal years 1993 through 1997, the Sec-
retary of Labor shall make grants of not more than $500,000 
per year to not more than 10 States per year to implement and 
enhance community-based microenterprise activities. Such grants 
shall be an amount adequate to ensure that the activities will 
be of sufficient size and scope to produce substantial benefits. 
Such activities shall be for the benefit of economically disadvantaged 
persons. 
"(b) USE OF FUNDS.—Such funds shall be used, notwithstemding 
section 141(q)— 
"(1) to train program staff in such entrepreneurial activities 
as business plan development, business management, resource 
inventory design, and marketing approaches, and other activi-
ties necessary to provide effective entry level training to persons 
developing a microenterprise; 
"(2) to provide to owners or potential owners of a 
microenterprise such technical assistance (including technical 
assistance with respect to business planning, securing funding, 
marketing, and production of marketing materials) and other 
assistance as may be necessary to develop microenterprise 
activities; and 
"(3) to provide microenterprise support (such as peer support 
programs and counseUng). 
\ 
"(c) APPLICATION AND SELECTION.—^The Secretanr shall award 
grants competitively under this section on the basis of— 
"(1) the State commitment, as evidenced by existing or pro-
posed related programs and support; 
"(2) evidence of ability to conduct and 
monitor 
the 
microenterprise activities; 
"(3) evidence of linkage to private, community-based credit 
and technical assistance providers; and 
"(4) size of the non-Federal match. 
"(d) TIMING.—Not later than April 1 of any fiscal year, a State 
may submit to the Secretary an application. Not later than the 
following Jime 1, the Secretary shall approve not more than 10 
of the applications. Not later than the following July 1, the Sec-
retary shall authorize the applicant to begin the programs. The 
Secretary may consider making multiyear grants. 
"(e) MATCHING REQUIREMENT.— 
"(1) IN GENERAL.—No State shall receive a grant under this 
section unless the State agrees to provide, to carry out the 
microenterprise programs, non-Federal contributions in an 
amount equal to 100 percent of Federal funds provided under 
such grant. 
"(2) DETERMINATION.—^The non-Federal contribution may be 
in cash or in-kind, fairly evaluated, including plant, equipment, 
or services. 
/ 
106 STAT. 1094 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(f) REPORTS.—Each State receiving a grant under this^ section 
shall, for each fiscal year for which funds are received, submit 
to the Secretary a report that describes— 
"(1) the programs that have been established and developed 
with such funds, including a description of the persons partici-
pating and the microenterprises developed; 
"(2) the quantitative and qualitative benefits of such pro-
grams; and 
"(3) the contributions of such programs to economic self-
sufiiciency and economic development. 
"(g) DEFINITIONS.—^As used in this section: 
"(1) MiCROENTERPRiSE.—^The term 'microenterprise' means a 
commercial enterprise if— 
"(A) the enterprise has 5 or fewer employees, 1 or more 
of whom owns the enterprise; and 
"(B) each of the owners of the enterprise is economically 
disadvantaged. 
"(2) STATE.—The term 'State' includes— 
"(A) in the case of a community conducting a project 
in an Indian reservation or Alaska Native village, the 
grantee designated under subsection (c) or (d) of section 
401, or a consortium of such grantees and the State; and 
"(B) in the case of a community conducting a project 
in a migrant or seasonal farmworker community, the 
grantee designated under section 402(c), or a consortium 
of such grantees and the State.". 
SEC. 408. ESTABUSHMENT OF THE DISASTER RELIEF PROGRAM. 
Title IV of the Act (29 U.S.C. 1671 et seq.), as amended by 
sections 406 and 407, is further amended by adding at the end 
the following new part: 
"PART J—DISASTER RELIEF EMPLOYMENT ASSISTANCE 
29 use 1784. 
«SEC. 499A. GENERAL AUTHORITY. 
"(a) QUALIFICATION FOR FUNDS.—Funds appropriated to carry 
out this part shall be made available in a timely manner by the 
Secretary to the (jovemor of any State within which is located 
an area that has suffered an emergency or a major disaster as 
defined in paragraphs (1) and (2), respectively, of section 102 of 
the Disaster Relief Act of 1974 (42 U.S.C. 5122 (1) and (2)) (referred 
to in this part as the 'disaster area'). 
"(b) SUBSTATE ALLOCATION.—Not less than 80 percent of the 
funds made available to any Cxovemor under subsection (a) shall 
be allocated by the Governor to units of general local government 
located, in whole or in part, within such disaster areas. The remain-
der of such funds may be reserved by the Governor for use, in 
concert with State agencies, in cleanup, rescue, repair, renovation, 
and rebuilding activities associated with such major disaster. 
"(c) COORDINATION.—Funds made available under this part to 
Governors and units of general local government shall be expended 
in consultation with— 
"(1) agencies administering programs for disaster reUef pro-
vided under the Disaster Relief Act of 1974; and 
"(2) the administrative entity and the private industry council 
in each service delivery area within which disaster emplo3anent 
programs will be conducted under this part. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1095 
"SEC. 499B. USE OF FUNDS. 
29 USC 1784a. 
"(a) PROJECTS RESTRICTED TO DISASTER AREAS.—^Funds made 
available under this part to £iny unit of general local government 
in a disaster area— 
"(1) shall be used exclusively to provide employment on 
projects to provide food, clothing, shelter, and other humani-
tarian assistance for disaster victims and on projects regarding 
demolition, cleanup, repair, renovation, and reconstruction of 
damaged £ind destroyed structures, facilities, and lands located 
within the disaster area; £ind 
"(2) may be expended through public and private agencies 
and organizations engaged in such projects. 
"(b) ELIGIBLE PARTICIPANTS.^AU individual shall be eligible to 
be offered disaster employment under this part if such ind&vidual 
is— 
"(1)(A) eligible to participate or enroll, or is a participant 
or enrolled, under title III of this Act, other than an individual 
who is actively engaged in a training program; or 
"(B) eligible to participate in programs or activities assisted 
imder section 401 or 402; and 
"(2) unemployed as a consequence of the disaster. 
"(c) LIMITATIONS ON DISASTER RELIEF EMPLOYMENT.—No individ-
ual shall be employed under this part for more than 6 months 
for work related to recovery from a single natural disaster. 
"(d) REGULATIONS.—^The Secretary shall prescribe such regula-
tions as may be necessary to promote the fiscal integrity of programs 
conducted with funds made available under this part. 
"SEC. 499C. DEFINITIONS. 
29 USC 1784b. 
"As used in this part, the term 'unit of general local government' 
includes— 
"(1) in the case of a conununity conducting a project in 
an Indiein reservation or Alaska Native village, the greintee 
designated under subsection (c) or (d) of section 401, or a 
consortium of such grantees and the State; and 
"(2) in the case of a community conducting a project in 
a migrant or seasonal farmworker community, the grantee 
designated under section 402(c), or a consortium of such 
grantees and the State.". 
TITLE V-JOBS FOR EMPLOYABLE DE-
PENDENT 
INDIVIDUALS 
INCENTIVE 
BONUS PROGRAM 
SEC. 501. JOBS FOR EMPLOYABLE DEPENDENT INDIVIDUALS. 
Title V of the Act (29 U.S.C. 1791 et seq.) is amended to read 
as follows: 
106 STAT. 1096 
PUBLIC LAW 102-367—SEPT. 7, 1992 
Disadvantaged. 
Handicapp^. 
"TITLE V—JOBS FOR EMPLOYABLE DE-
PENDENT INDIVIDUALS 
INCENTIVE 
BONUS PROGRAM 
29 use 1791. 
"SEC. 501. STATEMENT OF PURPOSE. 
I t is the purpose of this title to provide incentives to reduce 
welfare dependency, promote self-sufficiency, increase child support 
E
ayments, and increase employment and earnings of individuals 
y provi^ng to each participating State a bonus for providing 
job training to— 
"(1) absent parents of children receiving aid to families with 
dependent children under part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.), who subsequent to such training 
pay child support for their children; and 
"(2) blind or disabled individuals receiving supplemental secu-
rity income under title XVI of the Social Security Act (42 
U.S.C. 1381 et seq.), who subsequent to such training are 
successfully placed in and retain emplo3mient. 
29 use 1791a. 
"SEC. 502. PAYMENTS. 
"(a) IN GENERAL.—^For each program year for which funds are 
appropriated to cany out this title, the Secretaiy shall pay to 
each participating State the amount that State is eligible to receive 
under this title. 
"(b) RATABLE REDUCTIONS.—If the amount so appropriated is 
not sufficient to pay each State the amount each State is eligible 
to receive, the Secretary shall ratably reduce the amount paid 
to each State. 
"(c) RATABLE INCREASES.—If any additional amount is made avail-
able for carrying out this title for any program year after the 
application of subsection (b), such additional amount shall be allo-
cated among the States by increasing such payments in the same 
manner as they were reduced, except that no such State shall 
be paid an amount that exceeds the amount that the State is 
ehgible to receive under this title. 
"(d) REPROGRAMMING.—^If the amount appropriated for a program 
year is in excess of the amount necessary to pay each State the 
amoiuit each State is eligible to receive, the Secretary shall allot 
ttie excess amount to the States for allocation to the service deUvery 
areas in accordance with section 202 to carry out part A of title 
II. 
29 use 1791b. 
"SEC. 503. AMOUNT OP INCENTIVE BONUS. 
"The amount of the incentive bonus paid to each State shall 
be the sum o
f
— 
"(1) an amount equal to the total of the amounts of child 
support paid by each individual eligible under section 506(1) 
within the State, for up to 2 years after the termination of 
the individual from activities provided under this Act; and 
"(2) an amount equal to the total reduction in the Federal 
contribution to the amounts received imder title XVI of the 
Social Security Act (42 U.S.C. 1381 et seq.) by each individual 
eligible under section 506(2) within the State, for up to 2 
years after the termination of the individual from activities 
provided under this Act. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1097 
"SEC. 504. USE OF INCENTIVE BONUS FUNDS. 
29 USC 1791c. 
"(a) IN GENERAL.— 
"(1) ALLOCATION.— 
"(A) ADMINISTRATIVE COSTS.—During any program year, 
the Governor may use an amount not to exceed 5 percent 
of the total bonus payments of a State for administrative 
costs incurred under this title, including data and informa-
tion collection and compilation, recordkeeping, or the 
preparation of applications for incentive bonuses. 
"(B) DISTRIBUTION OF PAYMENTS.—The amount of incen-
tive bonus payments that remains after the deduction of 
administrative costs under subparagraph (A) shall be 
distributed to service delivery areas and Job Corps centers 
within the State in accordance with an agreement between 
the Governor and representatives of such areas and centers. 
Such agreement shall reflect an equitable method of dis-
tribution that is based on the degree to which the efforts 
of such area or center contributed to the qualification of 
the State for an incentive bonus payment under this title. 
"(2) SPECIAL RULE.—Not more than 10 percent of the amounts 
received under this title in any program year by each service 
delivery area and Job Corps center may be used for the adminis-
trative costs of establishing and maintaining systems necessary 
for operation of programs under this title, including the costs 
of providing incentive payments described in subsection (b), 
technical assistance, data and information collection and com-
pilation, 
management 
information 
systems, 
post-program 
foUowup activities, and research and evaluation activities. The 
balance of funds not so expended shall be used by each service 
delivery area for activities described in sections 204 and 264, 
and by each Job Corps center for activities authorized under 
part B of title IV. 
"(b) INCENTIVE PAYMENTS TO SERVICE PROVIDERS.—Each service 
delivery area or Job Corps center may make incentive payments 
to service providers, including participating State and local agencies, 
and community-based organizations, that demonstrate effectiveness 
in delivering employment and training services to individuals such 
as those described in section 506. 
"(c) APPLICATION OF SECTION RELATING TO ADMINISTRATIVE ADJU-
DICATIONS.—Section 166 (relating to administrative adjudication) 
shall apply to the distribution of incentive bonus payments under 
this section. 
"SEC. 505. NOTICE AND APPLICATION. 
29 USC 1791d. 
"(a) NOTICE OF INTENT TO PARTICIPATE.—Any State seeking to 
participate in the incentive bonus program established under this 
title shall notify the Secretary of the intent of the State to partici-
pate not later than 30 days before the beginning of the first program 
year of participation. 
"(b) APPLICATION.— 
"(1) IN GENERAL.—^Any State seeking to receive an incentive 
bonus under this title shall submit an application to the Sec-
retary at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reasonably 
require in order to ensure compliance with this title. 
"(2) CONTENTS.—Each such application shall contain, at a 
minimum— 
106 STAT. 1098 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(A) a list of the eligible individuals in the State who 
satisfied the requirements of section 506 during the pro-
gram year; 
**(B) the amount of the incentive bonus attributable to 
each eligible individual and due the State under section 
503; and 
"(C) certification that documentation is available to verify 
the eligibility of participants and the amount of the incen-
tive bonus claimed by the State. 
"(c) NOTICE OF APPROVAL OR DENIAL.—The Secretary shall 
promptly inform a State after receipt of the application as to 
whether or not the application of the State has been approved. 
29 use 1791e. 
"SEC. 506. ELIGIBILITY FOR INCENTIVE BONUSES. 
"An individual shall be eligible to participate in a program estab-
lished under this title if— 
"(1) the individual— 
"(A) was an absent parent of any child receiving £dd 
to families with dependent children under part A of title 
IV of the Social Security Act at the time such individual 
was determined to be eligible to participate in activities 
provided under this Act; 
"(B) has participated in education, training or other 
activities (including the Job Corps) provided under this 
Act; and 
"(C) pays child support for a child specified in subpara-
graph (A) following termination from activities provided 
under this Act; or 
"(2) the individual— 
"(A) is blind or disabled; 
"(B) was receiving benefits under title XVI of the Social 
Security Act (relating to supplemental security income) 
at the time such individual was determined to be eligible 
to participate in activities under this Act; 
"(C) has participated in education, training, or other 
activities (including the Job Corps) provided under this 
Act; and 
"(D) earns from employment a wage or income. 
29 use 1791f. 
"SEC. 607. INFORMATION AND DATA COLLECTION. 
"(a) TECHNICAL ASSISTANCE.—In order to facilitate the collection, 
exchange, and compilation of data and information required by 
this title, the Secretary is authorized to provide technical assistance 
to the States. Such assistance may include cost-effective methods 
for using State and Federal records to which the Secretary has 
lawful access. 
"(b) JOINT REGULATIONS.— 
"(1) IN GENERAL.—The Secretary and the Secretary of Health 
and Human Services shall jointly issue regulations regarding 
the sharing, among public agencies participating in the pro-
grams assisted under this title, of the data and information 
necessary to fulfill the requirements of this title. 
"(2) SUBJECTS.—Such regulations shall ensure— 
"(A) the availability of information necessary to verify 
the eligibility of participants and the amount of the incen-
tive bonus payable; eind 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1099 
"(B) the maintenance of confidentiality of the information 
so shared in accordance with Federal and State privacy 
laws. 
•«EC. 508. EVALUATION AND REPORT. 
29 USC 1791g. 
"(a) EVALUATION.— 
"(1) IN GENERAL.—^The Secretary shall conduct or provide 
for an evaluation of the incentive bonus program assisted under 
this title. 
"(2) CoNSroERATlONS.—The Secretary shall consider— 
"(A) whether the program results in increased service 
under this Act to absent parents of children receiving aid 
to families with dependent children under part A of title 
IV of the Social Security Act and to recipients of supple-
mental security income under title XVI of the Social Secu-
rity Act; 
"(B) whether the program results in increased child sup-
port pa5niients; 
"(C) whether the program is administratively feasible 
and cost effective; 
"(D) whether the services provided to other eligible 
participants under part A of title II are affected by the 
implementation and operation of the incentive bonus pro-
gram; and 
"(E) such other factors as the Secretary determines to 
be appropriate. 
"(b) REPORT TO CONGRESS.—Not later than January 1, 1997, 
the Secretary shall submit a report to the appropriate committees 
of the Congress on the effectiveness of the incentive bonus program 
assisted under this title. Such report shall include an analysis 
of the costs of such program and the results of program activities. 
"SEC. 509. IMPLEMENTING REGULATIONS. 
29 USC 1791h. 
"The Secretary shall promulgate regulations implementing this 
title not later than January 31,1993.". 
TITLE VI—STATE HUMAN RESOURCE 
INVESTMENT COUNCIL 
SEC. 601. STATE HUMAN RESOURCE INVESTMENT COUNCIL. 
(a) IN GENERAL.—The Act (29 U.S.C. 1501 et seq.) is amended 
by adding at the end the following new title: 
"TITLE VII—STATE HUMAN RESOURCE 
INVESTMENT COUNCIL 
"SEC. 701. ESTABUSHMENT AND FUNCTIONS. 
29 USC 1792. 
"(a) IN GENERAL.—Each State may, in accordance with the 
requirements of this title, establish a single State human resource 
investment council (in this title referred to as the 'State Council') 
that— 
"(1) shall review the provision of services and the use of 
funds and resources under applicable Federal human resource 
programs and advise the (jovernor on methods of coordinating 
such provision of services and use of funds and resources 
106)3X^1;. 1100 
PUBLIC LAW 102-3eV—SEPT,V,!^^ 
consistent with the laws and regulations governing such pro-
grams; 
"(2) shall advise the Governor on the development and 
implementation of State and local standards and measures 
relating to applicable Federal human resource programs and 
coordination of such standards and measures; 
"(3) shall carry out the duties and functions prescribed for 
existing State councils described under the laws relating to 
the applicable Federal human resource programs; 
"(4) may identify the human investment needs in the State 
and recommend to the Governor goals for meeting such needs; 
"(5) may recommend to the Governor goals for the develop-
ment and coordination of the human resource system in the 
State; 
"(6) may prepare and recommend to the Governor a strategic 
plan to accomplish the goals developed pursuant to paragraphs 
(4) and (5); and 
"(7) may monitor the implementation of and evaluate the 
effectiveness of the strategic plan prepared pursuant to para-
graph (6). 
"(b) 
APPLICABLE 
FEDERAL 
HUMAN 
RESOURCE 
PROGRAM 
DEFI^fED.— 
"(1) IN GENERAL.—(A) Except as provided in subparagraph 
(B), for purposes of this title, the term 'applicable Federal 
human resource program* includes any program authorized 
under the provisions of law described under paragraph (2XA) 
that the Governor and the head of the State agency responsible 
for the administration of such program jointly agree to include 
within the jurisdiction of the State Council. 
"(B) With respect to a program authorized under the Carl 
D. Perkins Vocational and Applied Technology Education Act 
(20 U.S.C. 2301 et seq.) under paragraph (2)(A)(ii), the term 
'applicable Federal human resource program' shall only apply 
to such program if, in addition to meeting the requirements 
of subparagraph (A), the State council on vocational education 
agrees to include such program under the jurisdiction of the 
State Council. 
"(2) PROGRAMS.—In accordance with the requirements of 
paragraph (1), applicable Federal human resource programs— 
"(A) may include the programs authorized under— 
"(i) this Act; 
"(ii) the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2301 et seq.); 
"(iii) the National and Community Service Act of 
1990 (42 U.S.C. 12501 et seq.); 
"(iv) the Adult Education Act (20 U.S.C. 1201 et 
seq.); 
"(v) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); 
"(vi) part F of title IV of the Social Security Act 
(42 U.S.C. 681 et seq.); and 
"(vii) the employment program established under sec-
tion 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 
2015(d)(4)); and 
"(B) may not include programs authorized under the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1101 
*«EC. 702. COMPOSITION. 
29 USC 1792a. 
"(a) IN GENERAL.—^Each State Council shall be composed as 
follows: 
"(1) Each State Council shall include the head of each State 
agency responsible for the administration of an applicable Fed-
eral human resource program. 
"(2)(A) Each State Council shall include one or more rep-
resentatives, appointed by the Governor to the State Council 
for a minimum of 2 years, from each of the following: 
"(i) Local public education, 
"(ii) A postsecondsuy institution. 
"(iii) A secondary or postsecondary vocational educational 
institution, 
"(iv) A community-based organization. 
**(B) The total number of representatives appointed under 
clause (i), (ii), and (iii) of subparagraph (A) shall constitute 
not less than 15 percent of the membership of the State Council. 
"(3)(A) Each 
State 
Council 
shall include 
individuals, 
appointed by the Gk)vemor to the State Council for a minimum 
of 2 years, from among the following: 
"(i) Representatives of business and industry, who shall 
constitute not less than 15 percent of the membership 
of the State Coimcil, including individuals who are rep-
resentatives of business and industry on private industry 
councils established within the State imder section 102. 
"(ii) Representatives of organized labor who— 
"(I) shall be selected from among individuals nomi-
nated by recognized State labor federations; and 
"(II) shall constitute not less than 15 percent of 
the membership of the State Coimcil. 
"(B) If the State labor federation fails to nominate a sufficient 
number of individuals under subclause (I) of subparagraph 
(A)(ii) to satisfy the requirement under subclause (II) of such 
subparagraph, individual workers may be included on the State 
Council to satisfy such requirement. 
"(b) ADDITIONAL MEMBERS.—Each State Council may also include 
additional qualified members, who may be selected from— 
"(1) representatives from local welfare agencies; 
"(2) representatives from public housing agencies; 
"(3) representatives from units of general local government 
or consortia of such units, appointed from nominations made 
by the chief elected officials of such units or consortia; 
"(4) representatives from the State legislature; 
"(5) representatives from any State or local program that 
receives funding under an applicable Federal humsin resource 
program that the Governor determines to have a direct interest 
in the utilization of human resources within the State; and 
"(6) individuals who have special knowledge and qualifica-
tions with respect to special education and career development 
needs of hard-to-serve individuals. 
"(c) ADDITIONAL REQUIREMENTS.— 
"(1) PERCENTAGE LIMITATION.—None of the following cat-
egories of individuals may constitute more than 60 percent 
of the membership of each State Council: 
"(A) Individuals selected under subsection (a)(1). 
"(B) Individuals appointed under subsection (a)(2). 
"(C) Individuals appointed under subsection (a)(3)(A)(i). 
106 STAT. 1102 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(D) Individuals appointed under subsection (aX3)(AXii). 
"(E) Individuals selected under subsection (b). 
"(2) EXPERTISE.—The Governor shall ensure that both the 
State Council and the staff of the State Council have sufficient 
expertise to effectively carry out the duties and functions of 
existing State councils described under the laws relating to 
the applicable Federal human resource programs. Such exper-
tise shall include, where appropriate, knowledge o
f
— 
"(A) the long-term needs of individuals preparing to enter 
the workforce; 
"(B) the needs of local. State, and regional labor markets; 
and 
"(C) the methods for evaluating the effectiveness of voca-
tional training programs in serving varying populations. 
29 use 1792b. 
"SEC. 703. ADMINISTRATION. 
"(a) FUNDING.—In order to carry out the functions of the State 
Council, each State establishing a State Council that meets the 
requirements of this title may— 
"(1) use funds otherwise available for State councils under 
the applicable Federal human resource programs; 
"(2) use funds otherwise available under the applicable Fed-
eral humein resource programs, consistent with the laws and 
regulations governing such programs, including funds available 
to carry out section 123(a)(2XD), except that, with respect to 
the Carl D. Perkins Vocational and Applied Technology Edu-
cation Act (20 U.S.C. 2301 et seq.), such State may use funds 
only to the extent provided under section 112(g) of such Act; 
and 
"(3) use funds, services, personnel, facilities and information 
provided by State and local public agencies, with the consent 
of such agencies. 
"(b) PERSONNEL.—Each State Council may obtain the services 
of such professional, technical, and clerical personnel as may be 
necessary to carry out its functions. 
"(c) CERTIFICATION.—Each State shall certify to the Secretary 
the establishment and membership of the State Council at least 
90 days before the beginning of each period of 2 program years 
for which a job training plan is submitted under this Act. 
"(d) EQUITABLE FUNDING.—Each State agency participating in 
a State Council under this title is encouraged to provide funds 
to support such Council in a manner consistent with its representa-
tion on such Council.", 
(b) CONFORMING AMENDMENTS.— 
(1) CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY 
EDUCATION ACT AMENDMENTS.—Section 112 of the Carl D. Per-
kins Vocational and Applied Technology Education Act (20 
U.S.C. 2322) is amended— 
(A) in subsection (a), by striking "Each" and inserting 
"Except as provided in subsection (g), each"; and 
(B) by aading at the end the following new subsection: 
"(gXl) In lieu of establishing the State council required under 
subsection (a), each State may satisfy the requirements of this 
section by designating the State human resource investment council 
established in accordance with title VII of the Job Training Partner-
ship Act (in this subsection referred to as the 'State Council*) 
to carry out the duties described in subsection (d). 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1103 
"(2) Funds available under subsection (f) may be allotted to the 
State Council to carry out such duties and the other duties of 
the State Council if the Governor and head of the State agency 
responsible for administration of the programs under this Act agree 
to such an allotment. Only funds available under subsection (f) 
may be so allotted.". 
(2) ADULT EDUCATION ACT AMENDMENT.—Section 332(d) of 
the Adult Education Act (20 U.S.C. 1205a(d)) is amended by 
adding at the end the following new subsection: 
"(g) DESIGNATION OF STATE HUMAN RESOURCE INVESTMENT COUN-
CIL UNDER THE JOB TRAINING PARTNERSHIP ACT.—(1) The require-
ments in this section shall be satisfied if a State designates the 
State human resource investment council established under title 
VII of the Job Tredning Partnership Act (in this subsection referred 
to as the 'State Council') to carry out the duties described in 
subsection if). 
"(2) Funds imder this part may be allotted to the State Council 
to carry out such duties and the other duties of the State Council 
if the Governor and the head of the State agency responsible for 
carrying out programs under this Act agree to such an allotment.". 
(3) STATE JOB TRAINING COORDINATING COUNCIL.—Section 122 
of the Act (29 U.S.C. 1532) is amended— 
(A) in subsection (a) by striking "Any and inserting 
"Except as provided in subsection (d), any"; and 
(B) by adding at the end the following new subsection: 
"(dXD In lieu of establishing the State council required under 
subsection (a), each State may satisfy the requirements of this 
section by designating the State human resource investment council 
established in accordance with title VII (in this subsection referred 
to as the 'State Council') to carry out the duties described in 
subsection (b). 
"(2) Funding provided to carry out this section may be allotted 
to the State Council to carry out such fimctions and the other 
functions of the State Council if the Governor and the head of 
the State agency responsible for administration of programs under 
this Act agree to such an allotment.". 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. EFFECTIVE DATE AND TRANSITION PROVISIONS. 
29 USC 1501 
(a) IN GENERAL.—Except as otherwise provided in this section, 
this Act and the amendments made by this Act shall take efiTect 
on July 1,1993. 
(b) PERFORMANCE STANDARDS.—The Secretary of Labor shall issue 
revised performance standards under the amendments made by 
section 115 as soon as the Secretary determines sufficient data 
are available, but not later than July 1, 1994, except that with 
respect to the factor of retention in unsubsidized employment speci-
fied in section 106(bX3)(B) of the Job Training Partnership Act 
(as amended by section 115), the requirement that such retention 
be for not less than 6 months shall take effect not later than 
July 1,1995. 
(c) INTERIM TRAINING SERVICES FORMULA.— 
106 STAT. 1104 
PUBLIC LAW 102-367—SEPT. 7, 1992 
29 use 1602 and 
(1) LEVEL OF FUNDING.—If the amount appropriated to carry 
"
*
*
*
*
• 
out parts A and C of title II of the Job TVaining Partnership 
Act for fiscal year 1993 is less than the sum o
f
— 
(A) $25,000,000; and 
(B) the amount appropriated to carrv out part A of title 
II of such Act, as in effect on the day before the date 
of enactment of this Act, for fiscal year 1992, 
the amendment made by section 202 of this Act shall not 
take effect on Julv 1, 1993, and section 202 of the Job Training 
Partnership Act shall be amended to read as follows: 
"SEC. 202. ALLOTMENT AND ALLOCATION. 
"(a) ALLOTMENT.— 
"(1) TERRITORIES.—Not more than $5,000,000 of the amount 
appropriated pursuant to section 3(a)(1) for each fiscal year 
and available for this part shall be allotted among Guam, 
the Virgin Islands, American Samoa, the Commonwealth of 
the Northern Mariana Islands, the Federated States of Microne-
sia, the Republic of the Marshall Islands, and Palau. 
"(2) STATES.—Subject to the provisions of paragraph (3), of 
the remainder of the amount available for this part for eadi 
fiscal year— 
"(A) 33 
V
^ percent shall be allotted on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial imemployment in each State as com-
pared to the total number of such unemployed individuals 
in all such areas of substantial unemployment in all the 
States; 
"(B) 33 
Vs percent shall be allotted on the basis of the 
relative excess number of unemployed individuals who 
reside in each State as compared to the total excess number 
of unemployed individuals in all the States; and 
"(C) 33 V
a percent shall be allotted on the basis of the 
relative number of economically disadvantaged adults 
within each State compared to the total number of economi-
cally disadvantaged adults in all States, except that, for 
the allotment for any State in which there is any service 
delivery area described in section 101(aX4)(AXiii), the allot-
ment shall be based on the higher of the number of adults 
in families with an income below the low-income level 
in such area or the number of economically disadvantaged 
adults in such area. 
"(3) LIMITATIONS.— 
"(A) STATE MINIMUM.—^No State shall receive less than 
one-quarter of 1 percent of the amoimts available for allot-
ment to the States under this subsection from the remain-
der described in paragraph (2) for each fiscal year. 
"(B) MINIMUM PERCENTAGE.—NO State shall be allotted 
less than 90 percent of its allotment percentage for the 
fiscal year preceding the fiscal year for which the deter-
mination is made. 
"(C) ALLOTMENT PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraph (B), the allotment 
percentage of a State for a fiscal year shall be the 
percentage of funds allotted to the State under this 
subsection. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1105 
"(ii) FISCAL YEAR 1992.—^For purposes of subpara-
graph (B), the allocation percentage of a State for 
fiscal year 1992 shall be the percentage of funds allot-
ted to the State under section 201, as in effect on 
the day before the date of enactment of the Job Train-
ing Reform Amendments of 1992. 
'(b) ALLOCATION TO SERVICE DELIVERY AREAS.— 
"(1) FORMULA.—^The Governor shall, in accordance with sec-
tion 162, allocate 77 percent of the allotment of the State 
under subsection (a) for each fiscal year among service delivery 
areas within the State, and shall ensure that, subject to the 
provisions of paragraph (3), of the amount allocated under 
this subsection— 
"(A) 33V3 percent shall be allocated on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial unemployment in each service delivery 
area as compared to the total number of such unemployed 
individuals in all such areas of substantial unemployment 
in the State; 
"(B) 33 Vs percent shall be allocated on the basis of the 
relative excess number of unemployed individuals who 
reside in each service delivery area as compared to the 
total excess number of unemployed individuals in all service 
delivery areas in the State; and 
"(C) 33V3 percent shall be allocated on the basis of the 
relative number of economically disadvantaged adults 
within each service delivery area compared to the total 
number of economically disadvantaged adults in the State, 
except that the allocation for any service delivery area 
described in section 101(a)(4)(AXiii) shall be based on the 
higher of the number of adults in families with an income 
below the low-income level in such area or the number 
of economically disadvantaged adults in such area. 
"(2) LIMITATIONS.— 
"(A) MINIMUM PERCENTAGE.—^No service delivery area 
within any State shall be allocated an amount equal to 
less than 90 percent of the average of its allocation percent-
age for the 2 preceding fiscal years preceding the fiscal 
year for which the determination is made. If the amounts 
appropriated pursuant to section 3(a)(1) for a fiscal year 
and available to carry out this part are not sufficient to 
provide an amount equal to at least 90 percent of such 
allocation percentage to each such area, the amounts allo-
cated to each area shall be ratably reduced. 
"(B) ALLOCATION PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraph (A), the allocation 
percentage of a service delivery area for a fiscal year 
shall be the percentage of funds allocated to the service 
delivery area under this subsection. 
"(ii) FISCAL YEAR 1992.—For purposes of subpara-
graph (A), the allocation percentage of a service deliv-
ery area for fiscal year 1992 shall be the percentage 
of funds allocated to the service delivery area under 
part A of title II. 
59-194 0-93 
8:QL3(Pt2) 
106 STAT. 1106 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"(c) STATE ACTIVITIES.— 
"(1) DIVISION.—Of the remaining 23 percent of the allotment 
of the State under subsection (a) for each fiscal year— 
"(A) 5 percent of such allotment of the State for each 
fiscal year shall be available to the Governor of the State 
to be used for overall administration, management, and 
auditing activities relating to programs under this title 
and for activities described in sections 121 and 122; 
"(B) 5 percent of such allotment of each State for each 
fiscal year shall be available to provide incentive grants 
authorized under section 106(b)(7), in accordance with 
paragraph (2); 
"(C) 8 percent of the allotment of each State for each 
fiscal year shall be available to carry out section 123; 
and 
"(D) 5 percent of such allotment of each State for each 
fiscal year shall be available to carry out section 204(d). 
"(2) OTHER USES.— 
"(A) CAPACITY BUILDING AND TECHNICAL ASSISTANCE.— 
The Governor may use up to 33 percent of the amount 
allotted under paragraph (1)(B) for providing capacity 
building and technical assistance to service delivery areas 
and service providers. Such use of funds may include the 
development and training of service delivery area and serv-
ice provider staff and the development of exemplary pro-
gram activities. 
"(B) NoNDUPLiCATiON AND COORDINATION.—Funds used 
under subparagraph (A)— 
"(i) may not be used to duplicate the activities of 
the Capacity Building and Information and Dissemina-
tion Network established under section 453(b); and 
"(ii) shall, to the extent practicable, be used to coordi-
nate the activities under subparagraph (A) with the 
activities of the Network under section 453(b). 
"(d) DEFINITIONS AND RULE.—AS used in this section: 
"(1) DEFINITIONS.— 
"(A) ECONOMICALLY DISADVANTAGED ADULT.—^The term 
'economically disadvantaged adult' means an individual 
who is age 22 through 72 and who has, or is a member 
of a family that has, received a total family income (exclu-
sive of unemployment compensation, child support pay-
ments, and welfare payments) that, in relation to family 
size, was not in excess of the higher of— 
"(i) the official poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)); or 
"(ii) 70 percent of the lower living standard income 
level. 
"(B) 
EXCESS 
NUMBER.—The 
term 
'excess 
number* 
means— 
"(i) with respect to the excess number of unemployed 
individuals within a State— 
"(I) the number that represents the number of 
unemployed individuals in excess of 4.5 percent 
of the civilian labor force in the State; or 
"(II) the number that represents the number 
of imemployed individuals in excess of 4.5 percent 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1107 
of the civilian labor force in areas of substantial 
unemployment in such State; and 
"(ii) with respect to the excess number of unemployed 
individuals within a service delivery area— 
"(I) the number that represents the number of 
unemployed individuals in excess of 4.5 percent 
of the civiliEin labor force in the service deHvery 
area; or 
"(II) the number that represents the number 
of unemployed individuals in excess of 4.5 percent 
of the civilian labor force in areas of substantial 
unemplojnnent in such service delivery area. 
"(C) STATE.—^The term 'State' means any of the several 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
"(2) SPECIAL RULE.—For the purposes of this section, the 
Secretary shall, as appropriate and to the extent practicable, 
exclude college students and members of the Armed Forces 
from the determination of the number of economically disadvan-
taged adults,". 
(2) EFFECTIVE DATE.—Any amendment made by paragraph 
29 use 1602 
(1) shall take effect on July 1,1993. 
"°*e. 
(d) PERMANENT TRAINING SERVICES FORMULA.— 
29 use I602 
(1) LEVEL OF FUNDING.—If section 202 of the Job Training note. 
Partnership Act is amended in accordance with subsection (c) 
and the amount appropriated to carry out parts A and C 
of title II of the Job Training Partnership Act for a fiscal 
year is not less than the sum of— 
(A) $25,000,000; and 
(B) the amount appropriated to carry out part A of title 
II of such Act, as in effect on the day before the date 
of enactment of this Act, for fiscal year 1992, 
the amendment made by section 202 of this Act shall take 
effect. 
(2) EFFECTIVE DATE.—^Any amendment made by paragraph 
(1) shall take effect on October 1 of the fiscal year described 
in paragraph (1). 
(e) SUMMER YOUTH PROGRAM TRANSFERS.— 
(1) IN GENERAL.—Section 205 and the amendment made by Effective date, 
such section 205 shall take effect on the date of enactment 
of this Act. 
(2) TRANSITION.—^A service delivery area may transfer up 
to 10 percent of the amounts allocated for such area for the 
summer of 1992 under part B of title II of the Job Training 
Partnership Act for program year 1992 to provide services 
to youth pursuant to the program under part A of such title, 
to provide services to youth under such part A, if such transfer 
is approved by the Governor. 
(f) INTERIM TRAINING SERVICES FORMULA.— 
(1) LEVEL OF FUNDING.—If the amount appropriated to carry 
29 use 1642 and 
out parts A and C of title II of the Job Training Partnership note. 
Act for fiscal year 1993 is less than the sum of— 
(A) $25,000,000; and 
(B) the amount appropriated to carry out part A of title 
II of such Act, as in effect on the day before the date 
of enactment of this Act, for fiscal year 1992, 
106 STAT. 1108 
PUBLIC LAW 102-367—SEPT. 7, 1992 
the amendment made by section 207 of this Act shall not 
take effect on July 1, 1993, and title II of the Job Training 
Partnership Act shall be amended by inserting after section 
261 of such Act the following: 
*«£€. 
262. 
ALLOTMENT 
AND 
ALLOCATION. 
"(a) ALLOTMENT.— 
"(1) TERRITORIES.—Not more than $5,000,000 of the amount 
appropriated pursuant to section 3(a)(1) for each fiscal year 
and available for this part shall be allotted among Guam, 
the Virgin Islands, American Samoa, the Commonwealth of 
the Northern Mariana Islands, the Federated States of Microne-
sia, the Republic of the Marshall Islands, and Palau. 
"(2) STATES.—Subject to the provisions of paragraph (3), of 
the remainder of the amount available for this part for each 
fiscal year— 
"(A) 33 
V
b percent shall be allotted on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial unemplo3mient in each State as com-
pared to the total number of such unemployed individuals 
in all such areas of substantial unemployment in all the 
States; 
"(B) 33 
Vs percent shall be allotted on the basis of the 
relative excess number of unemployed individuals who 
reside in each State as compared to the total excess number 
of unemployed individuals in all the States; and 
''(C) 33 
Vs percent shall be allotted on the basis of the 
relative number of economically disadvantaged youth 
within each State compared to the total number of economi-
cally disadvantaged youth in all States, except that, for 
the allotment for any State in which there is any service 
delivery area described in section 101(a)(4)(AXiii), the allot-
ment shall be based on the higher of the number of youth 
in families with an income below the low-income level 
in such area or the number of economically disadvantaged 
youth in such area. 
"(3) LIMITATIONS.— 
"(A) STATE MINIMUM.—No State shall receive less than 
one-quarter of 1 percent of the amounts available for allot-
ment to the States under this subsection from the remain-
der described in paragraph (2) for each fiscal year. 
"(B) MINIMUM PERCENTAGE.—No State shall be allotted 
less than 90 percent of its allotment percentage for the 
fiscal year preceding the fiscal year for which the deter-
mination is made. 
"(C) ALLOTMENT PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraph (B), the allotment 
percentage of a State for a fiscal year shall be the 
percentage of funds allotted to the State imder this 
subsection. 
"(ii) FISCAL YEAR 1992.—^For purposes of subpara-
graph (B), the allocation percentage of a State for 
fiscal year 1992 shall be the percentage of funds allot-
ted to the State under section 201, as in effect on 
the day before the date of enactment of the Job Train-
ing Reform Amendments of 1992. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1109 
"(b) ALLOCATION TO SERVICE DELIVERY AREAS.— 
"(1) FORMULA.—The Governor shall, in accordance with sec-
tion 162, allocate 82 percent of the allotment of the State 
under subsection (a) for each fiscal year among service delivery 
areas within the State, and shall ensure that, subject to the 
provisions of paragraph (3), of the amoimt allocated under 
this subsection— 
"(A) 33 
Vs percent shall be allocated on the basis of the 
relative number of unemployed individuals residing in 
areas of substantial unemployment in each service delivery 
area as compared to the total number of such unemployed 
individuals in all such areas of substantial unemplo3anent 
in the State; 
"(B) 33 
V
a percent shall be allocated on the basis of the 
relative excess number of unemployed individuals who 
reside in each service delivery area as compared to the 
total excess number of unemployed individuals in all service 
delivery areas in the State; and 
"(C) 33 
V
a percent shall be allocated on the basis of the 
relative number of economically disadvantaged youth 
within each service delivery area compared to the total 
number of economically disadvantaged youth in the State, 
except that the allocation for any service delivery area 
described in section 101(aX4)(A)(iii) shall be based on the 
higher of the number of youth in families with an income 
below the low-income level in such area or the number 
of economically disadvantaged youth in such area. 
"(2) LIMITATIONS.— 
"(A) MINIMUM PERCENTAGE.—^No service delivery area 
within any State shall be allocated an amount equal to 
less than 90 percent of the average of its allocation percent-
age for the 2 preceding fiscal years preceding the fiscal 
year for which the determination is made. If the amounts 
appropriated pursuant to section 3(a)(1) for a fiscal year 
and available to carry out this part are not sufficient to 
provide an amount equal to at least 90 percent of such 
allocation percentage to each such area, the amounts allo-
cated to each area shall be ratably reduced. 
"(B) ALLOCATION PERCENTAGE.— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
for purposes of subparagraph (A), the allocation 
percentage of a service delivery area for a fiscal year 
shall be the percentage of funds allocated to the service 
delivery area under this subsection. 
"(ii) FISCAL YEAR 1992.—For purposes of subpara-
graph (A), the allocation percentage of a service deliv-
ery area for fiscal year 1992 shall be the percentage 
of funds allocated to the service delivery area under 
part A of title II. 
"(c) STATE ACTIVITIES.— 
"(1) DIVISION.—Of the remaining 18 percent of the allotment 
of the State under subsection (a) for each fiscal year— 
"(A) 5 percent of such allotment of the State for each 
fiscal year shall be available to the Governor of the State 
to be used for overall administration, management, and 
auditing activities relating to programs under this title 
and for activities described in sections 121 and 122; 
106 STAT. 1110 
PUBLIC LAW 102-367—SEPT. 7, 1992 
''(B) 5 percent of such allotment of each State for each 
fiscal year shall be available to provide incentive grants 
authorized under section 106(b)(7), in accordance with 
paragraph (2); and 
"(C) 8 percent of the allotment of each State for each 
fiscal year shall be available to carry out section 123. 
"(2) OTHER USES.— 
"(A) CAPACITY BUILDING AND TECHNICAL ASSISTANCE.— 
The Governor may use up to 33 percent of the amount 
allotted under paragraph (1)(B) for providing capacity 
building and technical assistance to service delivery areas 
and service providers. Such use of funds may include the 
development and training of service delivery area and serv-
ice provider staff and the development of exemplary pro-
gram activities. 
"(B) NONDUPLICATION AND COORDINATION.—Funds used 
under subparagraph (A)— 
"(i) may not be used to duplicate the activities of 
the Capacity Building and Information and Dissemina-
tion Network established under section 453(b); and 
"(ii) shall, to the extent practicable, be used to coordi-
nate the activities under subparagraph (A) with the 
activities of the Network under section 453(b). 
"(d) DEFINITIONS AND RULE.—As used in this section: 
"(1) DEFINITIONS.— 
"(A) ECONOMICALLY DISADVANTAGED YOUTH.—The term 
'economically disadvantaged youth' means an individual 
who is age 16 through 21 and who has, or is a member 
of a family that has, received a total family income (exclu-
sive of unemployment compensation, child support pay-
ments, and welfare payments) that, in relation to family 
size, was not in excess of the higher of— 
"(i) the ofiicial poverty line (as defined by the Office 
of Management and Budget, and revised annually in 
accordance with section 673(2) of the Omnibus Budget 
Reconcihation Act of 1981 (42 U.S.C. 9902(2)); or 
"(ii) 70 percent of the lower living standard income 
level. 
"(B) 
EXCESS 
NUMBER.—The 
term 
'excess 
number* 
means— 
"(i) with respect to the excess number of unemployed 
individuals within a State— 
"(I) the number that represents the number of 
unemployed individuals in excess of 4.5 percent 
of the civilieui labor force in the State; or 
"(II) the number that represents the number 
of unemployed individuals in excess of 4.5 percent 
of the civilian labor force in areas of substantial 
unemployment in such State; and 
"(ii) with respect to the excess number of unemployed 
individuals witnin a service delivery area— 
"(I) the number that represents the number of 
unemployed individuals in excess of 4.5 percent 
of the civilian labor force in the service delivery 
area; or 
"(II) the number that represents the number 
of unemployed individuals in excess of 4.5 percent 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1111 
of the civilian labor force in areas of substantial 
unemployment in such service delivery area. 
"(C) STATE.—^The term 'State' means any of the several 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
"(2) SPECIAL RULE.—For the purposes of this section, the 
Secretary shall, as appropriate and to the extent practicable, 
exclude college students and members of the Armed Forces 
from the determination of the number of economically disadvan-
taged youth.". 
(2) EFFECTIVE DATE.—^Any amendment made by paragraph 
29 use 1642 
(1) shall take effect on July 1, 1993. 
''°^-
(g) PERMANENT TRAINING SERVICES FORMULA.— 
29 use i642 
(1) LEVEL OF FUNDING.—If title II of the Job Training Partner- 
"°^-
ship Act is amended in accordance with subsection (f) and 
the amount appropriated to carry out parts A and C of title 
II of the Job Training Partnership Act for a fiscal year is 
not less than the sum of— 
(A) $25,000,000; and 
(B) the amount appropriated to carry out part A of title 
II of such Act, as in effect on the day before the date 
of enactment of this Act, for fiscal year 1992, 
the amendment made by section 207 of this Act shall take 
effect. 
(2) EFFECTIVE DATE.—^Any amendment made by paragraph 
(1) shall take effect on October 1 of the fiscal year described 
in paragraph (1). 
(h) EVALUATION.—The Secretary of Labor shall evaluate the 
impact of programs under title II of the Job Training Partnership 
Act on participant employment, earnings and welfare dependency 
in multiple sites, using the random assignment of individuals to 
groups receiving services under programs authorized under the 
Job Training Reform Amendments of 1992 to groups not receiving 
such services. 
(i) RULES AND PROCEDURES.— 
(1) IN GENERAL.—^The Secretary of Labor may establish such 
rules and procedures as may be necessary to provide for an 
orderly implementation of the amendments made by this Act. 
(2) REVIEW.—^The Secretary of Labor, the Governors, and 
the service delivery areas shall conduct a comprehensive review 
of the current policies, practices, procedures, and delivery sys-
tems relating to programs authorized under the Job Training 
Partnership Act for the purpose of ensuring the effective 
implementation of the amendments made by this Act. Such 
review shall include consideration of the appropriateness of 
current service delivery area designations, the representative-
ness of current State and local councils, the adequacy of current 
administrative systems, the effectiveness of current outreach, 
service delivery, and coordination activities, and other relevant 
matters. 
(j) IMPLEMENTING REGULATIONS.—The Secretary of Labor shall 
issue final regulations relating to the implementation of the amend-
ments made by this Act not later than December 18,1992. 
SEC. 702. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) JOB TRAINING PARTNERSHIP ACT.— 
106 STAT. 1112 
PUBLIC LAW 102-367—SEPT. 7, 1992 
(1) Section 4(14) of the Act (29 U.S.C. 1503(14)) is amended 
by striking "section 521(19)" and inserting "section 521(22)". 
(2) Section 4(23) of the Act (29 U.S.C. 1503(23)) is amended 
by striking "section 1201(h) of the Higher Education Act of 
1965" and inserting "section 1471(23) of the Elementary and 
Secondary Education Act of 1965". 
(3) Subparagraph (C) of section 4(27) of the Act (29 U.S.C. 
1503(27)) is amended by indenting, and ahgning the margin 
of, such subparagraph so as to ahgn with subparagraph (B) 
of such section. 
29 use 1531. 
(4) Section 121(b)(1) is amended by striking "and 203" and 
inserting "203, or 263". 
(5) Section 122 of the Act (29 U.S.C. 1532) is amended— 
(A) in subsection (a)(1), by striking "section 202(bX4)" 
and inserting "sections 202(c)( 1)(A) and 262(c)(1)(A)"; 
(B) in subsection (b)(2), by striking "section 202(a)" and 
inserting "section 202(b) or 262(b)"; and 
(C) in subsection (b)(ll)(B), by striking "section 113(b)(9)" 
and inserting "section 113(b)(14)". 
(6) Section 125(a) of the Act (29 U.S.C. 1535(a)) is amended 
by striking "section 202(b)(4) and". 
(7) Section 161(b)(2) of the Act (29 U.S.C. 1571(b)(2)) is 
amended by striking "sections 452 through 455" and inserting 
"section 452". 
(8) Section 161(c) of the Act (29 U.S.C. 1571(c)) is repealed. 
29 use 1583. 
(9) Section 172 of the Act is redesignated the second place 
it appears as section 173. 
(10) Section 181 of the Act (29 U.S.C. 1591) is repealed. 
(11) Section 302(b)(2) of the Act (29 U.S.C. 1652(b)(2)) is 
amended by striking "part B and this part" and inserting 
"part A". 
(12) Section 311(f) of the Act (29 U.S.C. 1661(f)) is amended 
by striking "section" and inserting "sections". 
(13) Section 433(c)(1) of the Act (29 U.S.C. 1703(c)(1)) is 
amended by striking "sections 452 and 455" and inserting "sec-
tions 452 and 453". 
(14) Section 433A of the Act (29 U.S.C. 1703a) is amended— 
(A) in subsection (c)(2), by striking "may be over the 
maximum age permitted by section 423(1), but"; and 
(B) in subsection (e), by striking "section 454" and insert-
ing "section 452(d)". 
(15) Section 436(a)(1) of the Act (29 U.S.C. 1706(aXl)) is 
amended by striking "1954" and inserting "1986". 
(16) Section 462(f)(2) of the Act (29 U.S.C. 1752(f)(2)) is 
amended by adding at the end a period. 
(17) Section 472(a) of the Act (29 U.S.C. 1772(a)) is amended 
by striking the 4th sentence. 
(18) Section 473(7) of the Act (29 U.S.C. 1773(7)) is 
amended— 
(A) by striking "(A)"; 
(B) by striking ", after consultation with the National 
Council on Vocational Education,"; 
(C) by striking "; and" and inserting a period; and 
(D) by striking subparagraph (B). 
(19) Section 481(a) of the Act (29 U.S.C. 1781(a)) is amended 
by striking "section 203(a)(1)" and inserting "section 203, 263". 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1113 
(20) Title VI of the Act is amended by redesignating section 
505 (29 U.S.C. 1505) as section 605. 
(b) FOOD STAMP ACT OF 1977.—Section 5(1) of the Food Stamp 
Act of 1977 (7 U.S.C. 2014(1)) is amended by striking "section 
204(5)" and inserting "section 204(bXlXC) or section 264(cXlXA)''. 
(c) TABLE OP CONTENTS.—The table of contents relating to the 
Act is amended to read as follows: 
"Sec. 1. Short title; table of contents. 
"Sec. 2. Statement of purpose. 
"Sec. 3. Authorization of appropriations. 
"Sec. 4. Definitions. 
"TITLE I-^OB TRAINING PARTNERSHIP 
"PART A—SERVICE DEUVERY SYSTEM 
"Sec. 101. Establishment of service delivery areas. 
"Sec. 102. Establishment of private industry council. 
"Sec. 103. Functions of private industry council. 
"Sec. 104. Job training plan. 
"Sec. 105. Review and approval of plan. 
"Sec. 106. Performance standards. 
"Sec. 107. Selection of service providers. 
"Sec. 108. Limitation on certain costs. 
"Sec. 109. Recapture and reallotment of unobligated funds. 
"PART B—ADDITIONAL STATE RESPONSIBILITIES 
"Sec. 121. Governor's coordination and special services plan. 
"Sec. 122. State job training coordinating council. 
"Sec. 123. State education coordination and grants. 
"Sec. 124. Identification of additional imposed requirements. 
"Sec. 125. State labor market information programs. 
"Sec. 126. Authority of State legislature. 
"Sec. 127. Interstate agreements. 
"PART C—PROGRAM REQUIREMENTS FOR SERVICE DELIVERY SYSTEM 
"Sec. 141. General program requirements. 
"Sec. 142. Benefits. 
"Sec. 143. Labor standards. 
"Sec. 144. Grievance procedure. 
"Sec. 145. Prohibition against Federal control of education. 
"PART D—FEDERAL AND FISCAL ADMINISTRATIVE PROVISIONS 
"Sec. 161. Program year. 
"Sec. 162. Prompt allocation of funds. 
"Sec. 163. Monitoring. 
"Sec. 164. Fiscal controls; sanctions. 
"Sec. 165. Reports, recordkeeping, and investigations. 
"Sec. 166. Administrative adjudication. 
"Sec. 167. Nondiscrimination. 
"Sec. 168. Judicial review. 
"Sec. 169. Administrative provisions. 
"Sec. 170. Utilization of services and facilities. 
"Sec. 171. Obligational authority. 
"Sec. 172. Presidential awards for outstanding private sector involvement in job 
training programs. 
"Sec. 173. Construction. 
"PART E—MISCELLANEOUS PROVISIONS 
"Sec. 182. Criminal provisions. 
"Sec. 183. Reference. 
"Sec. 184. Repealers. 
"TITLE n—TRAINING SERVICES FOR THE DISADVANTAGED 
"PART A—ADULT TRAINING PROGRAM 
"Sec. 201. Statement of purpose. 
"Sec. 202. Allotment ana allocation. 
"Sec. 203. Eligibility for services. 
106 STAT. 1114 
PUBLIC LAW 102-367—SEPT. 7, 1992 
"Sec. 204. Program design. 
"Sec. 205. Linkages. 
"Sec. 206. Transfer of funds. 
"PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS 
"Sec. 251. Purpose. 
"Sec. 252. Authorization of appropriations; allotment and allocation. 
"Sec. 253. Use of funds. 
"Sec. 254. Limitations. 
"Sec. 255. Applicable provisions. 
"Sec. 256. Transfer offunds. 
"PART C—YOUTH TRAINING PROGRAM 
"Sec. 261. Statement of purpose. 
"Sec. 262. Allotment and allocation. 
"Sec. 263. Eligibility for services. 
"Sec. 264. Program design. 
"Sec. 265. Linkages. 
"Sec. 266. Transfer of funds. 
"TITLE III—EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED 
WORKERS 
"Sec. 301. Definitions. 
"Sec. 302. Allotment. 
"Sec. 303. Recapture and reallotment of unexpended funds. 
"PART A—STATE DELIVERY OF SERVICES 
"Sec. 31L State plan. 
"Sec. 312. Substate grantees. 
"Sec. 313. Substate plan. 
"Sec. 314. Use of funds; services to be provided. 
"Sec. 315. Limitations on uses of funds. 
"Sec. 316. Retraining services availability. 
"Sec. 317. Functions of State job training coordinating council. 
"PART B—FEDERAL RESPONSIBILITIES 
"Sec. 321. Federal administration. 
"Sec. 322. Federal delivery of dislocated worker services. 
"Sec. 323. Allowable activities. 
"Sec. 324. Demonstration programs. 
"Sec. 325. Defense conversion adjustment program. 
"Sec. 326. Clean Air Employment Transition Assistance. 
"TITLE IV—FEDERALLY ADMINISTERED PROGRAMS 
"PART A—EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE AMERICANS AND 
MIGRANT AND SEASONAL FARMWORKERS 
"Sec. 401. Native American programs. 
"Sec. 402. Migrant and seasonal farmworker programs. 
"Sec. 403. Grant procedures. 
"PART B—JOB CORPS 
"Sec. 421. Statement of purpose. 
"Sec. 422. Establishment oi the Job Corps. 
"Sec. 423. Individuals eligible for the Job Corps. 
"Sec. 424. Screening and selection of applicants: general provisions. 
"Sec. 425. Screening and selection: special limitations. 
"Sec. 426. Enrollment and assignment. 
"Sec. 427. Job Corps centers. 
"Sec. 428. Program activities. 
"Sec. 429. Allowances and support. 
"Sec. 430. Standards of conduct. 
"Sec. 431. Community participation. 
"Sec. 432. Counseling and job placement. 
"Sec. 433. Experimental and developmental projects and coordination with other 
programs. 
"Sec. 433A. Job Corps centers for homeless families. 
"Sec. 434. Advisory boards and committees. 
"Sec. 435. Participation of the States. 
"Sec. 436. Application of provisions of Federal law. 
PUBLIC LAW 102-367—SEPT. 7, 1992 
106 STAT. 1115 
"Sec. 437. Special provisions. 
"Sec. 438. Ueneral provisions. 
"Sec. 439. Donations. 
"PART C—VETERANS' EMPLOYMENT PROGRAMS 
"Sec. 441. Programs authorized. 
"PART D—NATIONAL AcnvmEs 
"Sec. 451. National partnership and special training programs. 
"Sec. 452. Research, demonstration, and evaluation. 
"Sec. 453. Capacity building, information, dissemination, and replication activities. 
"Sec. 454. Guidance and technical assistance. 
"Sec. 455. Uniform requirements. 
"Sec. 456. Nontraditional employment demonstration program. 
"PART E—LABOR MARKET INFORMATION 
"Sec. 461. Labor market information; availability of funds. 
"Sec. 462. Cooperative labor market information program. 
"Sec. 463. Special Federal responsibilities. 
"Sec. 464. National occupational information coordinating committee. 
"Sec. 465. Job bank program. 
"PART F—NATIONAL COMMISSION FOR EMPLOYMENT POLICY 
"Sec. 471. Statement of purpose. 
"Sec. 472. Commission established. 
"Sec. 473. Functions of the commission. 
"Sec. 474. Administrative provisions. 
"Sec. 475. Reports. 
"PART G—TRAINING TO FULFILL AFFIRMATIVE ACTION OBUGATIONS 
"Sec. 481. AfiBrmative action. 
"PART H—YOUTH FAIR CHANCE PROGRAM 
"Sec. 491. Statement of purpose. 
"Sec. 492. Program authorized. 
"Sec. 493. Application. 
"Sec. 494. Grant agreement. 
"Sec. 495. Job guarantees. 
"Sec. 496. Payments; Federal share. 
"Sec. 497. Reporting. 
"Sec. 498. Federal responsibilities. 
"Sec. 498A. Definitions. 
"PART I—MICROENTERPRISE GRANTS PROGRAM 
"Sec. 499. Microenterprise grants. 
"PART J—DISASTER REUEF EMPLOYMENT ASSISTANCE 
"Sec. 499A. General authority. 
"Sec. 499B. Use of funds. 
"Sec. 499C. Definitions. 
"TITLE V-^OBS FOR EMPLOYABLE DEPENDENT INDIVIDUALS INCENTIVE 
BONUS PROGRAM 
"Sec. 501. Statement of purpose. 
"Sec. 502. Payments. 
"Sec. 503. Amount of incentive bonus. 
"Sec. 504. Use of incentive bonus funds. 
"Sec. 505. Notice and application. 
"Sec. 506. Eligibility for incentive bonuses. 
"Sec. 507. Information and data collection. 
"Sec. 508. Evaluation and report. 
"Sec. 509. Implementing regulations. 
106 STAT. 1116 
PUBLIC LAW 102-367—SEPT. 7, 1992 
TITLE VI—MISCELLANEOUS PROVISIONS 
"Sec. 601. Amendments to the Wagner-Peyser Act. 
"Sec. 602. Amendments to part C of title TV of the Social Security Act. 
"Sec. 603. Earnings disregard. 
"Sec. 604. Enforcement of Military Selective Service Act. 
"Sec. 605. State job bank systems. 
"TITLE VII—STATE HUMAN RESOURCE INVESTMENT COUNCIL 
"Sec. 701. Establishment and functions. 
"Sec. 702. Composition. 
"Sec. 703. Administration.". 
Approved September 7, 1992. 
LEGISLATIVE HISTORY—H.R. 3033 (S. 2055): 
HOUSE REPORTS: Nos. 102-240 (Comm. on Education and Labor) and 102-811 
(Comm. of Conference). 
SENATE REPORTS: No. 102-264 accompanying S. 2055 (Comm. on Labor and Human 
Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Oct. 8, 9, considered and passed House. 
Vol. 138 (1992): Apr. 9, S. 2055 considered and passed Senate. 
Apr. 30, H.R. 3033 considered and passed Senate, amended, in 
lieu of S. 2055. 
Aug. 7, Senate agreed to conference report. 
Aug. 11, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 28 (1992): 
Sept. 7, Presidential statement.