Text of H.R. 5166 (103rd): Reemployment Act of 1994 (Introduced version)

The text of the bill below is as of Oct 4, 1994 (Introduced). The bill was not enacted into law.

HR 5166 IH

103d CONGRESS

2d Session

H. R. 5166

To establish a comprehensive program for worker reemployment, to facilitate the establishment of one-stop career systems to serve as a common point of access to employment, education, and training information and services, to establish a national labor market information program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 4, 1994

Mr. FORD of Michigan (for himself and Mr. WILLIAMS) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the ‘Reemployment Act of 1994’.

(b) TABLE OF CONTENTS- The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Authorization of appropriations.

Sec. 4. Definitions.

TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

Sec. 101. Allotment.

Sec. 102. Recapture and reallotment of unexpended funds.

Sec. 103. Eligibility for services.

Subtitle A--State and Substate Delivery System

Sec. 111. State administration and oversight.

Sec. 112. Designation and functions of State dislocated worker unit.

Sec. 113. Development and maintenance of State and local labor market information program.

Sec. 114. Coordination with worker profiling and retraining income support programs.

Sec. 115. State grants for areas of special need, populations in need, and special projects.

Sec. 116. Establishment of substate administrative structure.

Sec. 117. Services to be provided to eligible individuals.

Sec. 118. Certificates of continuing eligibility.

Subtitle B--Federal Service Delivery System

Sec. 121. Federal reemployment unit.

Sec. 122. National discretionary grant program.

Sec. 123. Disaster relief employment assistance.

Sec. 124. Evaluation, research, and demonstrations.

Sec. 125. Capacity building and technical assistance.

Sec. 126. Federal bypass authority.

Subtitle C--Performance Standards and Quality Assurance Systems

Sec. 131. Performance standards.

Sec. 132. Customer feedback.

Sec. 133. Eligibility requirements for providers of education and training services.

Subtitle D--Program Requirements

Sec. 141. General requirements.

Sec. 142. Benefits.

Sec. 143. Labor standards.

Sec. 144. Grievance procedure.

Subtitle E--Fiscal Administrative Provisions

Sec. 151. Program year.

Sec. 152. Prompt allocation of funds.

Sec. 153. Monitoring.

Sec. 154. Fiscal controls and sanctions.

Sec. 155. Reports, recordkeeping, and investigations.

Sec. 156. Administrative adjudication.

Sec. 157. Nondiscrimination.

Sec. 158. Judicial review.

Sec. 159. Administrative provisions.

Sec. 160. Obligational authority.

Subtitle F--Consolidation Provisions

Sec. 171. Repealers.

Sec. 172. Conforming amendments.

Sec. 173. Transition.

TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

Sec. 201. Purpose.

Subtitle A--Basic System Components

Sec. 211. General requirements.

Sec. 212. Integration of employment and training programs component.

Sec. 213. Customer choice component.

Sec. 214. Universal access component.

Sec. 215. Accountability component.

Subtitle B--Grants to States

Sec. 221. Purpose.

Sec. 222. Authorization.

Sec. 223. Application.

Sec. 224. Review of application.

Sec. 225. Use of amounts.

Sec. 226. Reports.

Subtitle C--Federal Grants to One-Stop Service Areas

Sec. 231. Purpose.

Sec. 232. Authorization.

Sec. 233. Application.

Sec. 234. Review of application.

Sec. 235. Use of amounts.

Sec. 236. Reports.

Subtitle D--Administrative Requirements

Sec. 241. Establishment of substate administrative structure.

Sec. 242. Participating programs.

Sec. 243. Services.

Sec. 244. One-stop service providers.

Sec. 245. Operating agreements.

Sec. 246. Additional State responsibilities.

Sec. 247. State human resource investment council.

Sec. 248. Pooling of administrative resources.

Sec. 249. Labor standards.

Subtitle E--Waiver of Statutory and Regulatory Requirements

Sec. 251. State, local consortium, and Native American tribal entity requests and responsibilities for waivers.

Sec. 252. Waiver authority.

Subtitle F--National Programs

Sec. 261. Oversight.

Sec. 262. Performance standards and evaluation.

Sec. 263. Capacity building and technical assistance.

Sec. 264. Interagency task force relating to waiver requests.

TITLE III--NATIONAL LABOR MARKET INFORMATION PROGRAM FOR STATES AND LOCALITIES

Sec. 301. Purposes.

Sec. 302. National strategy.

Sec. 303. Components of program.

Sec. 304. Coordination.

TITLE IV--TECHNICAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. Sunset.

SEC. 2. PURPOSES.

The purposes of this Act are--

(1) to better integrate the existing unemployment system into a comprehensive, universal, high-quality system for reemployment so that this system can effectively serve structurally unemployed individuals as well as individuals on temporary layoffs;

(2) to promote equity and efficiency by consolidating the major Federal programs for dislocated workers into a comprehensive program for all individuals who have been permanently laid off regardless of the cause of dislocation;

(3) to facilitate effective, quality training for permanently laid-off workers who want and need such training;

(4) to provide customer-centered, high-quality employment and training services that give dislocated workers the tools to make informed career and training choices;

(5) to provide universal access to basic reemployment services, including assessment of skill levels and service needs, labor market information, and job search assistance;

(6) to begin to integrate the current employment and training system in the United States by replicating and expanding the innovative efforts of States and localities to provide comprehensive, one-stop reemployment and training systems; and

(7) to create a National Labor Market Information Program that gives employers, training providers, students, job seekers, and employees high-quality and timely data on the local economy, labor market, and other occupational information.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

(a) TITLE I- There are authorized to be appropriated to carry out title I--

(1) $1,465,000,000 for fiscal year 1995; and

(2) such sums as may be necessary for each succeeding fiscal year.

(b) TITLES II AND III- There are authorized to be appropriated to carry out titles II and III--

(1) $250,000,000 for each of the fiscal years 1995 through 1999; and

(2) such sums as may be necessary for each of the fiscal years 2000 through 2003.

SEC. 4. DEFINITIONS.

For the purposes of this Act, the following definitions apply:

(1) COMMUNITY-BASED ORGANIZATIONS- The term ‘community-based organizations’ has the meaning given such term in section 4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)).

(2) DISPLACED HOMEMAKERS- The term ‘displaced homemakers’ has the meaning given such term in section 4(29) of the Job Training Partnership Act (29 U.S.C. 1503(29)).

(3) EMPLOYER-

(A) IN GENERAL- The term ‘employer’--

(i) means any person engaged in any activity, business or industry in commerce or affecting commerce that employs an individual;

(ii) includes any person who acts, directly or indirectly, in the interest of an employer in relation to any of the employees of such employer; and

(iii) includes any public agency (as defined in section 3(x) of the Fair Labor Standards Act, 29 U.S.C. 203(x)).

(B) COMMERCE- The term ‘commerce’ means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the district of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country.

(C) AFFECTING COMMERCE- The term ‘affecting commerce’ means in commerce, or burdening or obstructing commerce or the free flow of commerce.

(D) SUCCESSOR EMPLOYER- An employer is a ‘successor employer’ if, based on the facts and circumstances, on balance after applying at least the following criteria, and consistent with any regulations promulgated by the Secretary of Labor, the employer has substantially assumed the employment-related responsibilities of another employer:

(i) Substantial continuity of the same business operations.

(ii) Use of the same plant, common facility, or work site.

(iii) Continuity of the work force.

(iv) Similarity of jobs and working conditions.

(v) Similarity of supervisory personnel.

(vi) Similarity in machinery, equipment, and productions methods.

(vii) Similarity of products or services.

(E) TREATMENT OF COMMON EMPLOYMENT- The Secretary of Labor shall promulgate regulations regarding responsibilities of employers in the case of common employment of an employee by such employers.

(4) GOVERNOR- The term ‘Governor’ means the chief executive of any State.

(5) LABOR MARKET AREA- The term ‘labor market area’ has the meaning given such term in section 4(13) of the Job Training Partnership Act (29 U.S.C. 1503(13)).

(6) LOCAL ELECTED OFFICIAL- The term ‘local elected official’ means the chief elected executive officer of a unit of general local government.

(7) NONTRADITIONAL EMPLOYMENT- The term ‘nontraditional employment’ as applied to women refers to occupations or fields of work where women comprise less than 25 percent of the individuals employed in such occupation or field of work.

(8) PRIVATE INDUSTRY COUNCIL- The term ‘private industry council’ means a private industry council established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512).

(9) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.

(10) SERVICE DELIVERY AREA- The term ‘service delivery area’ means an area established under section 101 of the Job Training Partnership Act (29 U.S.C. 1511).

(11) SERVICE PROVIDER- Except as otherwise provided in this Act, the term ‘service provider’ means a public agency, private nonprofit organization, or private-for-profit entity that provides services authorized under this Act.

(12) STATE-

(A) TITLE I- For purposes of title I, the term ‘State’ means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(B) TITLES II AND III- For purposes of titles II and III, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

(13) STATE COUNCIL- The term ‘State council’ means a State job training coordinating council established under section 122 of the Job Training Partnership Act (29 U.S.C. 1532).

(14) STATE HUMAN RESOURCE INVESTMENT COUNCIL- The term ‘State Human Resource Investment Council’ means a council established under section 701 of the Job Training Partnership Act (29 U.S.C. 1792).

(15) SUBSTATE AREA- The term ‘substate area’ means a geographic area in a State established pursuant to section 116(a).

(16) SUBSTATE GRANTEE- The term ‘substate grantee’ means an agency, organization, or consortium thereof selected to administer programs pursuant to section 116(b).

(17) UNIT OF GENERAL LOCAL GOVERNMENT- The term ‘unit of general local government’ means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers.

TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

SEC. 101. ALLOTMENT.

(a) ALLOTMENT OF FUNDS- Of the funds appropriated pursuant to section 3(a) for any fiscal year, the Secretary shall--

(1) allot 75 percent among the States in accordance with subsection (b); and

(2) reserve 25 percent to carry out subtitle B, subject to the reservation required by subsection (e).

(b) ALLOTMENT AMONG STATES-

(1) IN GENERAL- Subject to paragraph (2), the Secretary shall allot the amount available in each fiscal year under subsection (a)(1) on the basis of the following factors:

(A) One-third of such amount shall be allotted among the States on the basis of the relative number of unemployed individuals who reside in each State as compared to the total number of unemployed individuals in all the States.

(B) One-third of such amount shall be allotted among the States 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. For purposes of this paragraph, the term ‘excess number’ means the number which represents unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.

(C) One-third of such amount shall be allotted among the States on the basis of the relative number of individuals who have been unemployed for 15 weeks or more and who reside in each State as compared to the total number of such individuals in all the States.

(2) USE OF DATA RELATING TO PERMANENT LAYOFFS AND PLANT CLOSINGS- As soon as satisfactory data are available under section 124(b)(3), the Secretary shall allot the amount available in each fiscal year under subsection (a)(1) as follows:

(A) 25 percent of such amount shall be allotted on the basis of each of the factors described in subparagraphs (A), (B), and (C) of paragraph (1), respectively, for a total of 75 percent of the amount allotted.

(B) 25 percent of such amount shall be allotted on the basis of the relative number of dislocated workers who reside in each State as compared to the total number of dislocated workers in all States.

(3) LIMITATIONS-

(A) 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 determination is made.

(B) MAXIMUM PERCENTAGE- No State shall be allotted more than 130 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made.

(i) IN GENERAL- Except as provided in clause (ii), for purposes of this paragraph the allotment percentage of a State for a fiscal year shall be the percentage of funds allotted to the State under this subsection.

(ii) FISCAL YEAR 1994- For the purposes of this paragraph, the allotment percentage for fiscal year 1994 shall be the percentage of funds allotted to the State under section 302 of the Job Training Partnership Act (29 U.S.C. 1652).

(1) IN GENERAL- The Governor may reserve not more than 30 percent of the amount allotted to the State under subsection (b) for any fiscal year to carry out State activities. Of such amount allotted to the State--

(A) not more than 25 percent may be used to carry out State activities under subtitle A of this title; and

(B) not more than 5 percent may be used for the costs of administration of programs authorized under this title, as determined by the Secretary.

(2) EXCLUSION OF CERTAIN COSTS- For purposes of paragraph (1)(B), the term ‘costs of administration of programs authorized under this title’ does not include any costs associated with the establishment and operation of the State and local labor market information program under section 113.

(3) MAINTENANCE OF EFFORT WITH RESPECT TO STATE EMPLOYMENT SERVICE OFFICES- If amounts reserved under paragraph (1) for a fiscal year are expended for activities of State employment service offices in the State, the Governor shall ensure that State funds expended for such activities for such fiscal year are not reduced from the amount of State funds expended for such activities for the 1993 fiscal year.

(d) WITHIN STATE DISTRIBUTION-

(1) ALLOCATION TO SUBSTATE AREAS-

(A) IN GENERAL- After determining the amounts to be reserved under subsection (c), the Governor shall allocate the remainder of the amount allotted to the State under subsection (b) to substate areas to carry out activities authorized under this title based on an allocation formula prescribed by the Governor in accordance with subparagraph (B).

(B) ALLOCATION FORMULA- The allocation formula prescribed by the Governor shall include the factors described in subsection (b) and such additional objective, measurable, and statistically-valid factors, including farmer-rancher economic hardship data, as the Governor determines to be appropriate. Such formula may be amended by the Governor not more than once for each program year and shall be included in the State plan under section 111(b).

(2) ADMINISTRATIVE COSTS-

(A) IN GENERAL- Except as provided in subparagraph (B), not more than 15 percent of the amount allocated to a substate area under paragraph (1) for each program year shall be available for the costs of administration.

(B) WAIVER-

(i) IN GENERAL- A substate grantee may apply to the Governor for a waiver of the requirement under subparagraph (A), except that any such waiver may not allow more than 20 percent of amount described in such subparagraph to be available for the costs of administration.

(ii) APPROVAL- The Governor may approve a waiver under clause (i) in whole or in part if the substate grantee demonstrates that additional resources are necessary for the effective and efficient administration of the activities of the substate grantee under this title.

(e) RESERVATION FOR THE TERRITORIES- Of the amount reserved by the Secretary under subsection (a)(2) for any fiscal year, not more than 0.3 percent of such amount shall be allotted among the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to carry out activities authorized under this title.

(f) RESERVATIONS FOR NATIONAL ACTIVITIES- After determining the amounts to be allocated under subsection (e), the Secretary shall use the remainder reserved under subsection (a)(2) for fiscal year 1995 and each succeeding fiscal year in accordance with the following:

(1) Not less than 85 percent shall be available for national discretionary grants under sections 122 and 123.

(2)(A) Subject to subparagraph (B), not less than 5 percent shall be available for each of the following:

(i) Evaluation of program performance, research, and demonstration projects under section 124.

(ii) Capacity building, staff development and training, and technical assistance under section 125.

(B) Not more than 15 percent shall be available for projects and activities under subparagraph (A).

SEC. 102. RECAPTURE AND REALLOTMENT OF UNEXPENDED FUNDS.

(a) GENERAL REALLOTMENT AUTHORITY- For program years beginning July 1, 1996, and thereafter, the Secretary shall, in accordance with the requirements of this section, reallot to eligible States the funds allotted to States from funds appropriated for such program year that are available for reallotment.

(b) AMOUNT AVAILABLE FOR REALLOTMENT-

(1) IN GENERAL- Except as provided in paragraph (2), the amount available for reallotment is equal to the sum of--

(A) the amount by which the unexpended balance of the State allotment at the end of the program year prior to the program year for which the determination under this section is made exceeds 20 percent of such allotment for that prior program year; and

(B) the unexpended balance of the State allotment from any program year prior to the program year in which there is such excess.

(2) EXCEPTION- Funds awarded from discretionary funds of the Secretary under subtitle B shall not be included in calculating any of the reallotments described in this section.

(1) IN GENERAL- The Secretary shall determine the amount that would be allotted to each eligible State by using the factors described in section 101(b) to allocate among eligible States the amount available pursuant to subsection (b).

(2) ELIGIBLE HIGH UNEMPLOYMENT STATES- The Secretary shall allot to each eligible high unemployment State the amount determined for that State under the procedure described in paragraph (1).

(3) ELIGIBLE STATES- The Secretary shall, by using the factors described in section 101(b), allot to eligible States the amount available that remains after the allotment required by paragraph (2).

(d) STATE PROCEDURES WITH RESPECT TO REALLOTMENT- The Governor of each State shall prescribe uniform procedures for the expenditure of funds by substate grantees in order to avoid the requirement that funds be made available for reallotment under subsection (b), including procedures which give priority for the reallotment of unexpended funds to substate grantees located in substate areas with high unemployment. The Governor shall further prescribe equitable procedures for making funds available from the State and substate grantees in the event that a State is required to make funds available for reallotment under such subsection.

(e) DEFINITIONS- For purposes of this section, the following definitions apply:

(1) ELIGIBLE STATE- The term ‘eligible State’ means a State which has expended at least 80 percent of its allotment for the program year prior to the program year for which the determination under this section is made.

(2) ELIGIBLE HIGH UNEMPLOYMENT STATE- The term ‘eligible high unemployment State’ means a State--

(A) which meets the requirement in subsection (c)(1); and

(B)(i) as soon as satisfactory data are available under section 124(b)(3), which is among the States in which a higher relative number of dislocated workers reside, as determined in accordance with such data; or

(ii) which is among the States which has an unemployment rate greater than the national average unemployment for the most recent 12 months for which satisfactory data are available.

SEC. 103. ELIGIBILITY FOR SERVICES.

(a) IN GENERAL- An individual shall be eligible to receive services under this title if such individual--

(1) has been permanently laid off from full-time, part-time, or seasonal (including migrant and seasonal farmworkers and fishermen) employment within the preceding 12-month period, and--

(A) such individual is unlikely to obtain employment in the same or similar occupation due to obsolete skills or a lack of employment opportunities; or

(B) such layoff resulted from any permanent closure or any substantial layoff at a plant, facility, or enterprise;

(2) has received a notice that such individual will be permanently laid off, and--

(A) such individual is unlikely to obtain employment in the same or similar occupation due to obsolete skills or a lack of employment opportunities; or

(B) such layoff will result from any permanent closure or substantial layoff at a plant, facility, or enterprise;

(3) is employed at a facility where the employer has publicly announced that such facility will be closed within one year and such individual is unlikely to--

(A) remain employed with such employer at another location; or

(B) retire permanently from the labor force on or before such closure;

(4) is long-term unemployed and has limited opportunities for employment in the same or similar occupation in which such individual was previously employed;

(5) was self-employed (including farmers, fishermen and ranchers) and is--

(A) unemployed as a result of--

(i) general economic conditions in the community in which such individual resides; or

(ii) a natural disaster; and

(B) has limited opportunities for self-employment in the same or similar occupation;

(6) is certified as eligible under the transitional certification of trade impacted workers program authorized under title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced); or

(7) was identified and referred to the program under this title, in accordance with regulations issued by the Secretary, by a State worker profiling system established under section 303(j) of the Social Security Act.

(b) DISPLACED HOMEMAKERS- An individual who is a displaced homemaker shall be eligible to receive services described in section 117(b) and such other services authorized under this title as the substate grantee determines to be appropriate to provide to such an individual if--

(1) the displacement occurred within the preceding 24-month period;

(2) such individual is unemployed; and

(3) such individual meets the requirements relating to services provided under this title, other than the requirements under subsection (a).

(c) INVOLUNTARILY RETIRED WORKERS- An individual who has retired from employment involuntarily and is unlikely to remain retired from employment shall be eligible to receive services described in section 117(b) and such other services authorized under this title as the substate grantee determines to be appropriate.

(d) DEFINITIONS- For purposes of this section, the following definitions apply:

(1) LONG-TERM UNEMPLOYED- The term ‘long-term unemployed’ means a period of unemployment defined by the Governor, except that such period shall not be less than 15 weeks.

(2) PERMANENTLY LAID OFF- The term ‘permanently laid off’ means a layoff under which a recall is not expected within 26 weeks.

Subtitle A--State and Substate Delivery System

SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.

(a) IN GENERAL- The State shall be responsible for developing and operating administrative and management systems which ensure proper control and accountability for the use of funds, in accordance with the requirements of subtitle E, and the accomplishment of the objectives of this title.

(b) STATE PLAN- The Governor, after consultation with appropriate entities in the State, including local elected officials, employer associations, community-based organizations, and labor organizations, shall--

(1) prepare and make available, through public hearings, for public comment at least 120 days prior to the beginning of the program year, on biennial basis, a State plan describing the goals and objectives of the program conducted under this title and the strategies and activities to be undertaken to accomplish such goals and objectives; and

(2) submit to the Secretary, on a biennial basis, such State plan for approval by the Secretary in accordance with regulations developed by the Secretary.

SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DISLOCATED WORKER UNIT.

(a) IN GENERAL- The Governor shall designate or establish a dislocated worker unit at the State level (hereafter referred to as the ‘State dislocated worker unit’) to carry out the functions described in this section. The Governor shall ensure that the staff of such unit possess specialized expertise in labor-management relations and other matters relevant to the carrying out of the functions described in subsection (b).

(b) FUNCTIONS OF UNIT-

(1) RAPID RESPONSE ACTIVITIES- The State dislocated worker unit shall carry out the following rapid response activities:

(A) Receive notices provided pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) and collect information identifying the site of other permanent closures and layoffs affecting 50 or more workers and make all such information available to the public upon request.

(B) Establish contact with representatives of the employer, affected workers and affected unions, and affected substate grantees within 48 hours of being informed of or otherwise identifying such closure or layoff.

(C) Provide assistance on site (or as near to the site as is practicable if such unit is not permitted on site by the employer) within five working days of being informed of or otherwise identifying such closure or layoff (unless representatives of the affected workers agree to defer the commencement of assistance), including--

(i) the provision of information relating to, and assistance in obtaining access to, available programs and services;

(ii) the provision of appropriate reemployment services on an emergency basis;

(iii) the provision of basic reemployment services in a group setting; and

(iv) the provision of information on the potential rights and remedies available under the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).

(D) Promote the formation of worker-management transition assistance committees, which meet the requirements of subsection (d), by--

(i) providing immediate assistance in the establishment of such committees, including--

(I) providing immediate financial assistance to cover startup costs of the committee;

(II) providing a list of individuals from which the chairperson of the committee may be selected; and

(III) requesting the list of committee members from the employer and union, or providing assistance in the selection of worker representatives, to be selected by the workers, in the event no union is present; and

(ii) providing technical assistance in the development by such committees of a strategy for assessing the employment and training needs of each affected worker and for obtaining the services and assistance necessary to meet those needs, which may include--

(I) providing technical advice as well as information on sources of assistance; and

(II) serving as liaison with other public and private services and programs.

(E) Prepare an action plan for the provision of reemployment and training services to eligible individuals, including group counseling, preliminary assessments, and labor market information, which may include assistance in planning for the establishment of an on-site transition center described in section 115(d).

(2) INFORMATION COLLECTION AND DISSEMINATION ACTIVITIES- The State dislocated worker unit shall carry out the following information collection and dissemination activities using, to the extent practicable, telecommunications and computer technology:

(A) Provide to employers and employees throughout the State information relating to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.), including the requirements under such Act, and information relating to the eligibility requirements and services and benefits available under this title using labor organizations and other appropriate entities for such dissemination.

(B) Collect information relating to--

(i) economic dislocation, including potential closings and layoffs and the impact of closures and layoffs to which such unit has responded; and

(ii) available programs and resources within the State to serve affected workers.

(C) Disseminate the information collected pursuant to subparagraph (B) to the Governor to assist in providing an adequate information base for effective program management, review, and evaluation.

(D) Disseminate information throughout the State on the services and activities carried out by the State dislocated worker unit.

(3) PROGRAM SUPPORT ACTIVITIES- The State dislocated unit shall carry out the following program support activities:

(A) Provide technical assistance and advice to substate grantees.

(B) Work with employers and representatives of employees in promoting labor-management cooperation to achieve the objectives of this title.

(C) Assist each local community affected by a mass layoff or plant closing in developing and implementing an adjustment plan, including assistance in obtaining access to State economic development assistance.

(4) COORDINATION ACTIVITIES- The State dislocated worker unit shall, using telecommunications and computer technology to the extent practicable, exchange information and coordinate programs with--

(A) the appropriate economic development agency for the purpose of identifying potential layoffs and for the purpose of developing strategies to avert plant closings or mass layoffs and to accelerate the reemployment of dislocated workers;

(B) State education, training, and social services programs;

(D) State-level general purpose business organizations;

(E) the agency responsible for the Bureau of Labor Statistics Federal/State cooperative program and the State Occupational Information Coordinating Committee; and

(F) all other programs available to assist dislocated workers, including the State employment security agency, the unemployment insurance system, and student financial aid programs.

(c) COORDINATION WITH SUBSTATE GRANTEES- In carrying out this section, the State dislocated worker unit shall coordinate its actions with affected substate grantees.

(d) WORKER-MANAGEMENT TRANSITION ASSISTANCE COMMITTEES- The worker-management transition assistance committees promoted by the State dislocated worker unit pursuant to subsection (b)(1)(D) shall, to the extent practicable, include the following:

(1) Shared and equal participation by workers (and their union representatives, where a collective bargaining agreement exists, or worker representatives, where no such agreement exists) and management, which may include participation from community representatives, as appropriate.

(2) Shared financial participation between the employer and the State, using funds provided under this title in paying for the operating expenses of the committee.

(3) A chairperson, to oversee and guide the activities of the committee, who shall--

(A) be jointly selected by the worker and management representatives of the committee;

(B) not be employed or under contract with or members of the immediate family of labor or management at the site; and

(4) A formal agreement, terminated at will by the workers or management, and terminated for cause by the Governor.

(e) COVERAGE OF LAYOFFS- The Governor shall, to the extent practicable, authorize the provision of the rapid response activities described in subsection (b)(1) to layoffs of less than 50 workers if such layoffs are determined by the Governor to have a significant adverse economic impact on a local community.

(f) RESPONSIBILITY RELATING TO RAPID RESPONSE ASSISTANCE ACTIVITIES-

(1) IN GENERAL- Except as provided in paragraph (2), the State shall not transfer the responsibility of the State dislocated worker unit for the rapid response assistance activities described in subsection (b)(1) to another entity.

(2) EXCEPTION- The State may carry out the rapid response assistance activities described in subsection (b)(1) through agreement, grant, contract, or other arrangement with another entity, such as a substate grantee or a labor organization.

(g) FEDERAL OVERSIGHT OF RAPID RESPONSE ACTIVITIES- The Secretary shall oversee the administration by each State of the rapid response assistance activities carried out in such State and evaluate the effectiveness, efficiency, and timeliness of such activities. The Secretary may establish performance standards relating to such activities. If the Secretary determines that such activities are not being carried out adequately, the Secretary shall implement appropriate corrective action.

SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE AND LOCAL LABOR MARKET INFORMATION PROGRAM.

(a) IN GENERAL- In furtherance of the national strategy described in section 302 to establish a nationwide system of effective State and local labor market information, the Governor shall identify, or establish, and maintain a comprehensive labor market information program in the State that--

(1) collects, uses, exchanges, and disseminates quality labor market information that will enhance the employment opportunities available to permanently laid off workers and other individuals seeking employment and will enhance the ability of businesses to locate skilled workers in their employment efforts;

(2) enhances the activities and products of the agency responsible for the Bureau of Labor Statistics Federal/State cooperative program; and

(3) makes needed improvements or adjustments in current labor market information programs to meet local and State labor market needs.

(b) CONTENTS- The labor market information described in subsection (a)(1) shall include the information specified in section 303(b) relating to the national labor market information program.

(c) STANDARDS FOR INFORMATION COLLECTION AND DISSEMINATION- The Governor shall ensure that data collection and dissemination systems are developed in accordance with the technical standards specified in section 303(c) relating to the national labor market information program.

(d) COORDINATION OF DATA COLLECTION AND SURVEY CONSOLIDATION- Consistent with the technical standards specified in section 303(c), the Governor shall ensure, to the extent feasible, that--

(1) automated technology will be used in data collection and dissemination;

(2) the State dislocated worker unit and the substate grantees under this title have timely access to and exchange information relating to quality labor market information;

(3) administrative records are designed to reduce paperwork; and

(4) administrative data and multiple surveys available for disclosure are shared or consolidated to reduce duplication of recordkeeping of State and local agencies.

(e) DESIGN OF STATE PROGRAM AND GOVERNOR’S RESPONSIBILITIES- The Governor shall--

(1) through the agency responsible for the Bureau of Labor Statistics Federal/State cooperative programs, be responsible for oversight and management of that State’s program for a comprehensive nationwide system of State and local labor market information that--

(A) meets the requirements of this section;

(B) provides such training and technical assistance necessary to facilitate the collection of data and the dissemination of information through the programs assisted under this title;

(D) conducts research, evaluation, and demonstration projects designed to make improvements in the statewide labor market information program; and

(E) participates in the Federal/State advisory structure for the nationwide labor market information program and review of the nationwide labor market information annual strategic plan;

(2) designate a State agency or body to be responsible for--

(A) coordinating various State agencies responsible for collection and dissemination of labor market, educational, occupational, and other related information at the State and local level to support design, development, and implementation of the comprehensive labor market information program; and

(B) ensuring agency collaboration in the design, development, utilization, and delivery of labor market and occupational information products and services, including training, that addresses the needs of Federal, State, and local customers; and

(3) ensure that the State will develop, maintain, and improve a comprehensive system which shall--

(A) include the components specified in section 303;

(B) be responsive to the needs of the State and its localities for planning, economic analysis, and projections, as required by--

(i) this Act;

(ii) the Job Training Partnership Act (29 U.S.C. 1501 et seq.);

(iii) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);

(iv) the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.);

(v) title III of the Social Security Act; and

(vi) other provisions of Federal law that require the use of labor market information; and

(C) meet the Federal standards under chapter 35 of title 44, United States Code, and other appropriate standards established by the Secretary of Labor;

(4) ensure the performance of contract and grant responsibilities for data collection, analysis, and dissemination;

(5) conduct such other data collection, analysis, and dissemination activities as will ensure comprehensive State and local labor market information; and

(6) not be limited by the requirements contained in this Act in conducting additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this Act.

(f) COORDINATION OF RESOURCES- The Governor shall coordinate the activities carried out under this title with the labor market information activities carried out in collaboration with both the agency responsible for the Bureau of Labor Statistics Federal/State cooperative program and the State body or agency responsible for labor market information in subsection (e)(2), pursuant to other Federal laws and with the national labor market information program described in title III. In developing and maintaining the program described under this section, the Governor shall use funds that are authorized under this Act for the labor market information program, and from programs such as the Job Training Partnership Act (29 U.S.C. 1501 et seq.), the Wagner-Peyser Act, the School-to-Work Opportunities Act, and the Carl D. Perkins Vocational and Applied Technology Education Act that require labor market information as noted in section 302(a). For purposes of consistency and efficiency, the Governor shall ensure that the comprehensive State and local labor market information program established under title III shall be used for employment, education, and training programs that have a labor market information component.

(g) METHODS OF COLLECTION AND DISSEMINATION- In order to facilitate the collection and dissemination of the data described in subsection (b), the Governor shall--

(1) identify and utilize cost-effective methods for obtaining such data as are necessary to carry out this section which, notwithstanding any other provision of law, may include access to earnings records, State employment security records, records collected under the Federal Insurance Contributions Act (chapter 21 of the Internal Revenue Code of 1986), records collected under the program of aid to families with dependent children under part A of title IV of the Social Security Act, secondary and post-secondary education records, and similar records or measures, with appropriate safeguards to protect the confidentiality of the information obtained, including safeguards to maintain such information in the public control; and

(2) publish and make available labor market and occupational supply and demand information and career information to State agencies, public agencies, libraries, employers, and individuals who are in the process of making career choices.

SEC. 114. COORDINATION WITH WORKER PROFILING AND RETRAINING INCOME SUPPORT PROGRAMS.

(a) WORKER PROFILING- The Governor shall coordinate programs under this title with the worker profiling system authorized under title III of the Social Security Act. Such coordination shall include methods for ensuring the prompt referral, in accordance with regulations issued by the Secretary of the claimants identified under such profiling system to substate grantees authorized under this title, and the sharing of relevant information.

(b) RETRAINING INCOME SUPPORT- The Governor shall coordinate programs under this title with the retraining income support program authorized under part A of title II of the Reemployment Act of 1994 (H.R. 4040 of 103d Congress, as introduced).

SEC. 115. STATE GRANTS FOR AREAS OF SPECIAL NEED, POPULATIONS IN NEED, AND SPECIAL PROJECTS.

(a) AUTHORIZATION-

(1) IN GENERAL- The Governor may award grants to eligible entities described in paragraph (2)--

(A) to provide the services authorized under section 117 to eligible individuals in accordance with subparagraphs (A) and (B) of subsection (c)(1);

(B) to provide the services authorized under section 117 to other unemployed individuals with barriers to employment in accordance with subsection (c)(3)(C); and

(2) ELIGIBLE ENTITIES- The following entities shall be eligible to receive grants under paragraph (1):

(A) Substate grantees.

(B) Employers and employer associations, including private industry councils.

(D) Labor organizations.

(E) Industry consortia.

(F) Appropriate State agencies.

(G) Community-based organizations.

(H) Institutions of higher education.

(I) Entities providing adult education, as defined in section 312(2) of the Adult Education Act.

(J) Entities providing vocational education, as defined in section 521(41) of the Carl D. Perkins Vocational and Applied Technology Education Act.

(3) LIMITATION- Not more than 10 percent of the amount reserved by the Governor under section 101(c)(1)(A) to carry out State activities under this subtitle for any fiscal year may be used by the Governor to award grants under paragraph (1)(B) for such fiscal year.

(b) APPLICATION- The Governor may provide a grant to an eligible entity under subsection (a) only if the entity submits to the Governor an application which contains such information as the Governor may reasonably require.

(1) IN GENERAL- An eligible entity shall use amounts received from a grant under subsection (a) to carry out 1 or more of the following activities either directly or through contracts:

(A) To provide the services authorized under section 117 to eligible individuals in areas of the State experiencing substantial increases in the number of eligible individuals due to plant closures, base closures, or mass layoffs.

(B) To improve the delivery of services authorized under section 117 to eligible individuals, which may include the delivery of such services through the establishment of on-site transition centers in accordance with subsection (d).

(C) To provide the services authorized under section 117 to other unemployed individuals with barriers to employment who are underserved, including displaced homemakers, older workers, veterans, individuals with disabilities, and individuals with limited English proficiency, as determined by the Governor.

(2) LIMITATION- An eligible entity may use not more than 15 percent of the amount received from a grant under subsection (a) for the cost of administration of the activities described in paragraph (1).

(d) ON-SITE TRANSITION CENTERS-

(1) IN GENERAL- The eligible entity may establish 1 or more on-site transition centers that meet the requirements of paragraph (2) to provide the services authorized under section 117 to eligible individuals.

(2) REQUIREMENTS- An on-site transition center described in this paragraph is a center that--

(A) is located at the site of a plant closure, base closure, or mass layoff for the purpose of providing reemployment services to eligible individuals affected by such layoff or closure;

(B) includes, to the extent practicable, substantial funding from sources other than public funds;

(C) is operated with the concurrence and participation of affected workers and their representatives and the affected employer, including the worker-management transition assistance committee established in accordance with section 112(d), if such committee is established; and

(D) provides the reemployment services described in subsections (b) and (c) of section 117 directly or through contracts with other entities, such as outplacement agencies.

SEC. 116. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE STRUCTURE.

(a) DESIGNATION OF SUBSTATE AREAS-

(1) IN GENERAL- The Governor of each State shall, after consultation with the State council and local elected officials, designate substate areas for the State in accordance with this subsection.

(2) FACTORS TO BE CONSIDERED IN DESIGNATING SUBSTATE AREAS- In making designations of substate areas under paragraph (1), the Governor shall consider--

(A) the availability of services throughout the State;

(B) the capability to coordinate the delivery of services with other job training, human services, and economic development programs; and

(3) SERVICE DELIVERY AREAS-

(A) IN GENERAL- Subject to subparagraph (B), the Governor--

(i) shall designate as a substate area any service delivery area that--

(I) has a population of 200,000 or more; and

(II) requests such designation;

(ii) shall, subject to subparagraph (C), designate as a substate area any two or more contiguous service delivery areas that--

(I) in the aggregate have a population of 200,000 or more; and

(II) request such designation; and

(iii) shall designate as a substate area any concentrated employment program grantee for a rural area described in section 101(a)(4)(A)(iii) of the Job Training Partnership Act (29 U.S.C. 1511(a)(4)(A)(iii)).

(B) SPECIAL RULE- Each service delivery area within a State shall be included within a substate area or designated as a substate area and no service delivery area shall be divided among two or more substate areas.

(C) LIMITATION- The Governor may not designate as a substate area any two or more contiguous service delivery areas under subparagraph (A)(ii) if the Governor determines that such designation would not be consistent with the effective delivery of services to individuals eligible for assistance under this title in various labor market areas (including urban and rural areas) within the State, or would not otherwise be appropriate to carry out the purposes of this title.

(4) POPULATION REQUIREMENT- The Governor may approve a request to be a substate area from any unit of general local government or consortium of contiguous units of general local government, without regard to population, which serves a substantial portion of a labor market area.

(5) SUBSTATE AREAS DESIGNATED UNDER JOB TRAINING PARTNERSHIP ACT- The Governor may designate as a substate area an area designated as a substate area under section 312 of the Job Training Partnership Act (29 U.S.C. 1661a) prior to the date of the enactment of this Act if such area meets the requirements of this subsection.

(6) REVISION OF DESIGNATIONS- The Governor may not revise the designations made under this subsection more than once every four years, except for good cause, as determined by the Governor.

(7) INCENTIVE GRANTS TO ENCOURAGE FORMATION OF SUBSTATE AREAS- From the funds reserved under section 101(c)(1), the Governor may provide incentive grants to encourage the formation of substate areas that are based on labor market areas.

(b) DESIGNATION OF SUBSTATE GRANTEES-

(1) AGREEMENT-

(A) IN GENERAL- A substate grantee shall be designated, on a quadrennial basis, for each substate area in accordance with an agreement among the Governor, the local elected official or officials of such area, and the private industry council or councils of such area.

(B) MULTIPLE OFFICIALS- If a substate area is represented by more than one such official or council, the respective officials and councils shall each designate representatives, in accordance with procedures established by the Governor (after consultation with the State council), to negotiate such agreement.

(C) ABSENCE OF AGREEMENT- In the event agreement cannot be reached on the selection of a substate grantee, the Governor shall select the substate grantee.

(2) ELIGIBILITY- Entities eligible for designation as substate grantees include--

(A) private industry councils in the substate area;

(B) service delivery area grant recipients or administrative entities under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);

(D) units of general local government in the substate area or agencies of such units;

(E) local offices of State agencies;

(F) other public agencies, such as community colleges and area vocational schools; and

(G) consortia of the entities described in subparagraphs (A) through (F).

(1) IN GENERAL- A substate grantee designated under subsection (b) shall--

(A) receive and administer funds allocated to the substate area, including the administration of payments to service providers in accordance with section 117(d)(2);

(B) provide the services described in section 117, directly or through contract, grant, or agreement with service providers, to individuals eligible for services under this title;

(D) prepare and make publicly available a biennial written plan describing the objectives to be accomplished and the activities to be undertaken under this title in the substate area.

(2) SUBMISSION OF BIENNIAL WRITTEN PLAN-

(A) IN GENERAL- A substate grantee shall submit the biennial written plan described in paragraph (1)(D) to the Governor for approval in accordance with this paragraph.

(B) REVIEW, APPROVAL, AND SUBMISSION BY APPROPRIATE OFFICIALS-

(i) REVIEW AND APPROVAL- Prior to submitting the plan to the Governor under subparagraph (A), the substate grantee shall--

(I) allow the public to review the plan and submit to the substate grantee comments on the plan through public hearings;

(II) allow the private industry council or councils, labor organizations, and local educational agencies and other public agencies located within the substate area to review the plan and submit to the substate grantee comments on the plan; and

(III) obtain the approval of such plan by the appropriate chief elected official or officials specified in section 103(c) of the Job Training Partnership Act (29 U.S.C. 1513(c)).

(ii) SUBMISSION- Such plan shall be submitted by the substate grantee in conjunction with the official or officials described in clause (i)(III).

SEC. 117. SERVICES TO BE PROVIDED TO ELIGIBLE INDIVIDUALS.

(a) IN GENERAL- Funds allocated to substate areas pursuant to section 101(d) may be used to provide--

(1) basic reemployment services in accordance with subsection (b);

(2) intensive reemployment services in accordance with subsection (c);

(3) education and training services in accordance with subsection (d);

(4) retraining income support in accordance with subsection (e); and

(5) supportive services in accordance with subsection (f).

(b) BASIC REEMPLOYMENT SERVICES- Each substate grantee shall make available to eligible individuals the following basic reemployment services:

(1) Outreach and provision of information to make individuals aware of, and encourage the use of, reemployment and training services, including efforts to expand awareness of training and placement opportunities for hard-to-serve individuals such as individuals with limited English proficiency, individuals with disabilities, older workers, and displaced homemakers.

(2) Intake and determination of eligibility for assistance under this title.

(3) Orientation with respect to appropriate information and services.

(4) Assistance in filing an initial claim for unemployment compensation through the official claims filing process of the State employment security agency.

(5) A preliminary assessment of the skill levels (including appropriate testing) and service needs of such individuals, which may include such factors as basic skills, occupational skills, prior work experience, employability, interests, aptitudes, and supportive service needs. Such individuals may, based upon such preliminary assessment, be immediately referred to receive intensive reemployment services under subsection (c).

(6) Information relating to local, regional, and national labor markets from the State and local labor market information system under section 113, including--

(A) job vacancy listings in such markets; and

(B) information relating to local occupations in demand and the earnings and skill requirements for such occupations.

(7) Job search assistance, including resume and interview preparation, and workshops.

(8) Job referral and job placement assistance.

(9) Information relating to education and job training programs, including the eligibility requirements of and services provided by such programs, the availability and quality of such programs, and student financial assistance available for such programs.

(10) Assistance in evaluating whether such individuals are likely to be eligible for any employment and training programs administered by the Secretary other than programs under this title.

(11) Information collected pursuant to the performance standards and quality assurance requirements contained in subtitle C.

(12) Information relating to programs and providers of dependent care and other supportive services available in the local area.

(13) Group counseling, which may include peer counseling, and which shall be available to such individuals jointly with their immediate families, including group counseling relating to stress management and financial management.

(14) Soliciting and accepting job orders submitted by employers in the substate area, and referring individuals in accordance with such orders.

(15) Information on nontraditional training and placement opportunities.

(1) IN GENERAL- Each substate grantee shall make available, to eligible individuals who have received basic reemployment services under subsection (b) and who have been unable to obtain employment through such services, and to individuals who have been immediately referred to receive intensive reemployment services in accordance with subsection (b)(5), intensive reemployment services which shall include the following services:

(A) Comprehensive and specialized assessments of the skill levels and service needs of individuals, which may include--

(i) diagnostic testing and other assessment tools; and

(ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.

(B) The development of an individual reemployment plan, which shall identify the employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and the appropriate combination of services for a participant to achieve the employment goal.

(C) Individualized counseling and career planning, including peer counseling and counseling and planning relating to nontraditional employment opportunities.

(D) Case management for individuals receiving education, training, and supportive services.

(E) Assistance in the selection of education and training providers.

(F) Assistance in obtaining income support for which individuals are eligible, including student financial assistance, to enable such individuals to participate in training.

(2) OPTIONAL SERVICES- In providing intensive reemployment services to eligible individuals under paragraph (1), a substate grantee may provide the following services:

(A) Job development.

(B) Out-of-area job search allowances.

(D) Follow-up counseling for individuals placed in training or employment.

(3) REEMPLOYMENT PLAN-

(A) JOINT DEVELOPMENT- The individual reemployment plan described in paragraph (1)(B) shall be developed jointly by the eligible individual and a career counselor. Both parties shall sign the plan and periodically review the progress of the individual in achieving the objectives set forth in the plan. In the event of a disagreement over the content of the plan, the eligible individual shall be provided an opportunity to appeal the career counselor’s recommendation pursuant to section 144.

(B) EMPLOYMENT GOAL- The employment goal identified under an individual reemployment plan described under paragraph (1)(B) shall relate to employment in an occupation for which there is a demand in the local area, or in another area to which the individual is willing to relocate.

(C) PROHIBITION ON PRIVATE ACTIONS- Nothing in this section shall be construed to establish a right for an individual to bring a private action to obtain the services described in the individual reemployment plan.

(d) EDUCATION AND TRAINING-

(1) AVAILABLE SERVICES- Each substate grantee shall make available to eligible individuals who have an individual reemployment plan developed pursuant to subsection (c)(1)(B)--

(A) education and training services, including--

(i) basic skills training, including remedial education, literacy training, and English-as-a-second language instruction;

(ii) occupational skills training, including nontraditional training, provided either in a classroom or on-the-job; and

(iii) other skills-based education and training that such grantee considers appropriate, including skills upgrading, entrepreneurial training, and training in skills required for high performance work organizations, such as problem solving and skills related to the use of new technologies;

(B) a list of appropriate eligible service providers who provide such education and training services;

(D) performance data relating to such service providers.

(2) REFERRALS- An eligible individual who has an individual reemployment plan developed pursuant to subsection (c)(1)(B) that specifies education and training services as being necessary to the reemployment of such individual shall, in consultation with a career counselor, select an eligible service provider for such services from the list of service providers described in paragraph (1). The substate grantee (or any agency designated by such grantee) shall refer such individual to such eligible service providers and arrange for payment to the provider for the services provided consistent with the limitation described in paragraph (5).

(3) ELIGIBLE SERVICE PROVIDERS- For the purposes of this subsection, the term ‘eligible service provider’ means a service provider, as defined in section 4(11) of this Act, that meets the eligibility requirements of section 133.

(4) CONTRACT EXPECTATIONS- Education and training services authorized under this title may be provided pursuant to a contract for services between the substate grantee and an eligible service provider in lieu of the referral procedures described in paragraph (2) if such services--

(A) are customized by a provider to meet the particular needs of a specific group of eligible individuals in the substate area; or

(B) are on-the-job training provided by an employer.

(5) RELATIONSHIP TO STUDENT FINANCIAL ASSISTANCE- (A) For purposes of determining a student’s need for grant, loan, or work assistance under title IV of the Higher Education Act of 1965, the funds provided to a participant for education and training under this subsection shall be considered to be estimated financial assistance not received under such title IV for the purpose of section 471(3) of such Act.

(B) Nothing in this Act shall be construed to modify the eligibility requirements applicable to students, programs of study, or institutions of higher education under title IV of such Act.

(6) APPROVED TRAINING-

(A) RELATIONSHIP TO INCOME SUPPORT PROGRAM- For the purposes of the program authorized under part A of title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) the substate grantee shall be considered an agency certified by the Secretary to develop a reemployment plan.

(B) RELATIONSHIP TO UNEMPLOYMENT COMPENSATION- An eligible individual participating in education and training services under this title shall be deemed to be in training with the approval of the State agency for the purposes of section 3304(a)(8) of the Internal Revenue Code of 1986.

(7) ON-THE-JOB TRAINING- The provisions of paragraphs (5) and (6) shall not apply to on-the-job training provided under this title. Such on-the-job training shall be provided consistent with the limitations described in section 141(d).

(e) RETRAINING INCOME SUPPORT-

(1) IN GENERAL- Individuals receiving education and training services under subsection (d) who meet the requirements for receiving retraining income support under the program under part A of title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) shall be referred to such program for such support. For program years 1995 through 1999, individuals who do not meet the requirements of such program but who meet the requirements of paragraph (2) shall, to the extent appropriated funds are available, be provided retraining income support in accordance with this subsection.

(2) ELIGIBILITY- An individual shall, to the extent appropriated funds are available, be provided retraining income support in accordance with this subsection if such individual--

(A) has been permanently laid off;

(B) either--

(i) had been continuously employed at the time of such permanent layoff for a period of one year or more, but less than three years, by the employer from whom such individual has been permanently laid off; or

(ii) was continuously employed in the same occupation and industry by an employer for a period of one year or more and was, within the preceding 12-month period--

(I) separated from such employer; and

(II) employed in the same occupation and industry by the subsequent employer from whom such individual has been permanently laid off;

(C)(i) was entitled, as a result of the layoff described in subparagraph (A), to (or would have been entitled to if such individual had applied therefor) unemployment compensation under any Federal or State law for a week within the benefit period--

(I) in which the layoff took place; or

(II) which began (or would have begun) by reason of the filing of a claim for unemployment compensation by such individual after such layoff;

(ii) has exhausted all rights to any unemployment compensation to which such individual was entitled (or would have been entitled if such individual had applied therefor); and

(iii) does not have an unexpired waiting period applicable to such individual for such unemployment compensation;

(D) has been enrolled in education or training pursuant to subsection (d) by--

(i) the end of the 16th week after the permanent layoff described in subparagraph (A), or, if later, the end of the 14th week after such individual was informed that the layoff will exceed 6 months; or

(ii) a period that is not in excess of 60 days after the periods described in clause (i), in cases where the substate grantee determines, in accordance with guidelines issued by the Secretary, that there are extenuating circumstances that justify such extension, such as a cancellation of a course, a first available enrollment date that is after the periods described in subparagraph (A), or the commencement of negotiations for reopening a plant or facility from which an individual has been laid off; and

(E) is participating, and making satisfactory progress, in education or training provided pursuant to subsection (d).

(3) SPECIAL RULES-

(A) CONTINUOUS EMPLOYMENT-

(i) For purposes of clause (ii) of paragraph (2)(B) and subject to the limitations of clause (ii) of this subparagraph, continuous employment shall be deemed to include any week in which an individual--

(I) was on employer-authorized leave for purposes of vacation, sickness, injury or inactive duty or active duty military service for training;

(II) was on employer-authorized leave because of circumstances described in (aa) subsection 102(a) of the Family and Medical Leave Act of 1993, or (bb) a similar State law;

(III) did not work because of a disability that is compensable under a worker’s compensation law or plan of a State or the United States;

(IV) had his, or her, employment interrupted in order to serve as a full-time representative of a labor organization in such firm or subdivision;

(V) was on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is ‘Federal service’ as defined in 5 U.S.C. 8521(a)(1);

(VI) was on temporary layoff; or

(VII) was serving on jury duty.

(ii) For the purposes of clause (i), no more than the following number of weeks within a one year period may be treated as weeks of employment:

(I) 7 weeks in the case of weeks described in subclauses (I) or (IV) of clause (i), or both.

(II) 12 weeks in the case of weeks described in division (aa) of subclause (II) of clause (i). Any number of weeks in the case of weeks described in division (bb) of subclause (II) of clause (i).

(III) 26 weeks in the case of weeks described in subclause (III) and (V) of clause (i).

(B) SAME EMPLOYER- (i) For the purpose of clause (ii) of paragraph (2)(B), employment deemed to be employment for a single employer shall include--

(I) all employment that constituted service under a single multiemployer plan (as defined in section 4001(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(3));

(II) all employment that was obtained through a single hiring hall;

(III) all employment for the employer from whom the individual was laid-off or the predecessor of such employer;

(IV) all employment for employers in a joint employment relationship, as described in section 791.2(b) of title 29 of the Code of Federal Regulations, with the individual; and

(V) all employment for a successor employer or a leased employer.

(ii) For purposes of subclause (III) of clause (i), an employer shall be considered a predecessor of the employer from whom the individual was laid-off (hereinafter referred to as successor employer) if--

(I) the successor employer acquired substantially all the property used in a trade or business, or used in a separate unit of a trade or business, from such employer; and

(II) the individual who was laid off was employed by such employer in such trade or business, or in a separate unit of such trade or business, immediately before the acquisition and was employed by the successor employer immediately after the acquisition.

(C) INDIVIDUAL TREATED AS PARTICIPATING IN EDUCATION OR TRAINING PROGRAM- For purposes of subparagraph (E) of paragraph (2), an individual shall be treated as participating, and making satisfactory progress, in an education or training program during any week which is part of a break from training that does not exceed 28 days if the break is provided under such program.

(4) WEEKLY AMOUNT OF PAYMENTS- The retraining income support payment payable to an individual under this subsection shall be an amount equal to the most recent benefit amount of the unemployment compensation payable to such individual for a week of total unemployment preceding such individual’s first exhaustion of unemployment compensation related to the permanent layoff reduced (but not below zero) by--

(A) any training income support provided for such week to such individual under another Federal program;

(B) income that is earned from employment that exceeds one-half the amount equal to the most recent weekly benefit amount of the unemployment compensation payable to such individual for a week of total unemployment.

(5) TOTAL AMOUNT OF PAYMENTS-

(A) IN GENERAL- The maximum amount of retraining income support payable to an individual under this subsection shall be the amount which is the product of 26 multiplied by the retraining income support payable to the individual for a week of total unemployment (as determined under paragraph (4)), but such product shall be reduced by the total sum of extended and additional compensation to which the individual was entitled in the worker’s first benefit period as described in paragraph (2)(C).

(B) PERIOD OF AVAILABILITY- (i) Subject to the provisions of clause (ii), no retraining income support shall be paid for any week occurring after the close of the 78-week period that begins with the first week following the week after the individual was permanently laid-off as described in paragraph (2)(A).

(ii) For the purpose of determining the 78-week period in clause (i), the period of time specified in a certificate of continuing eligibility issued pursuant under section 118 during which the individual is employed in a job described by that section shall not be counted.

(6) WEEKS DURING WHICH INDIVIDUAL RECEIVED ON-THE-JOB TRAINING- No retraining income support shall be paid to an individual under this subsection for any week during which the individual is receiving on-the-job training.

(7) COORDINATION WITH EXTENDED BENEFITS PROGRAM-

(A) IN GENERAL- Notwithstanding any other provision of this Act or other Federal law, if the benefit year of an individual ends within an extended benefit period, the number of weeks of extended benefits that such worker would, but for this paragraph, be entitled to an extended benefit period shall be reduced (but not below zero) by the number of weeks for which the individual was entitled, during such benefit year, to retraining income support under this Act.

(B) DEFINITIONS- For purposes of this paragraph, the terms ‘benefit year’ and ‘extended benefit period’ shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.

(8) ADMINISTRATION- The substate grantee shall enter into an agreement with the State agency charged with the administration of the State unemployment compensation law under which such agency will administer, on a cost-reimbursable basis, the retraining income support payments authorized under this subsection.

(9) SUBSTATE GRANTEE ROLE- Each substate grantee shall assist an individual receiving education or training pursuant to subsection (d) in applying for retraining income support under either part A of title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) or this subsection depending on the program for which such individual is eligible. If such individual is not eligible for either program and such individual believes income support is necessary to enable participation in training, the substate grantee shall assist such individual in applying for other appropriate sources of such income support, including student financial aid.

(10) INFORMATION DISSEMINATION- The substate grantee shall provide individuals determined eligible under this title with information relating to the availability of retraining income support and the requirements relating to eligibility for such support. Such information shall include the provision, in a timely manner, as defined by the Secretary, of information to such individuals describing the time periods by which enrollment in education and training must occur in order to be eligible for retraining income support pursuant to paragraph (2)(D) of this subsection and section 202 of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced). In addition, the substate grantee shall make arrangements with the State agency charged with the administration of the State unemployment compensation law to make such information generally available to claimants along with other information describing the services available under this title.

(f) Supportive Services-

(1) IN GENERAL- Each substate grantee shall make available to an eligible individual, either through direct payment, payment to a service provider, or arrangements through appropriate agencies, such supportive services as are identified in such individuals’s reemployment plan as necessary to enable such individual to participate in intensive reemployment services under subsection (c) or education and training services under subsection (d).

(2) OPTIONAL SERVICES- Each substate grantee may make available to an eligible individual such supportive services as such grantee determines is appropriate to enable such individual to participate in basic reemployment services.

(3) SERVICES AVAILABLE- The supportive services provided pursuant to this subsection may include transportation, dependent care, meals, health care, temporary shelter, needs-related payments in an amount which is at least equal to the minimum State unemployment insurance benefit (as determined by the State), drug and alcohol abuse counseling and referral, family counseling, and other similar services.

(g) ADDITIONAL DEFINITIONS- For purposes of this section, the following definitions apply:

(1) ADDITIONAL COMPENSATION- The term ‘additional compensation’ means compensation payable by reason of conditions of high unemployment or other special factors to individuals who have exhausted their unemployment compensation.

(2) BENEFIT PERIOD- The term ‘benefit period’ means, with respect to an individual--

(A) the benefit year and any ensuing period, as determined under the applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or

(B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment compensation law.

(3) ON-THE-JOB TRAINING- The term ‘on-the-job training’ means training provided by the employer to an individual who performs services for remuneration for the employer.

(4) UNEMPLOYMENT COMPENSATION- The term ‘unemployment compensation’ means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code and the Railroad Unemployment Insurance Act.

(5) WEEK- The term ‘week’ means a week as defined in the applicable State.

SEC. 118. CERTIFICATES OF CONTINUING ELIGIBILITY.

(a) IN GENERAL- A substate grantee shall issue a certificate of continuing eligibility for services under this title if such grantee determines that--

(1) such individual is eligible for services under section 103; and

(2)(A) such individual is accepting employment and such employment is--

(i) at a wage significantly less than such individual’s previous wage; or

(ii) in an occupation significantly different from such individual’s previous occupation; or

(B) such individual is unable to participate in training or education within the time period provided by section 117(e)(2)(D) because no suitable training or education is reasonably available to such individual.

(b) CONTENTS- A certificate of continuing eligibility issued pursuant to subsection (a) shall specify a period of time not to exceed 104 weeks that such individual shall remain eligible, notwithstanding the requirements of section 103, for services under this title and for retraining income support payments under section 117(e) and part A of title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced).

(c) ELIGIBILITY FOR RETRAINING INCOME SUPPORT- With respect to the continuing eligibility of an individual receiving a certificate under this section for retraining income support--

(1) the requirements relating to eligibility for unemployment compensation under section 117(e)(2)(C) of this Act and section 202(a)(3) of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) and to the weekly amount of such support under section 117(e)(4) and part A of title II of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) shall apply to such individual’s status at the time such individual receives a certificate under this section and shall not apply to such individual’s status at the time of separation from subsequent employment described in subsection (a)(2); and

(2) the requirements relating to enrollment in training in order to qualify for such income support shall remain applicable except that the 16-week and 14-week periods described in section 117(e)(2) of this Act and section 202(a)(4) of the Reemployment Act of 1994 (H.R. 4040 of the 103d Congress, as introduced) shall commence with such individual’s separation from the subsequent employment described in subsection (a)(2).

Subtitle B--Federal Service Delivery System

SEC. 121. FEDERAL REEMPLOYMENT UNIT.

The Secretary shall designate or establish an identifiable worker reemployment unit to coordinate the functions of the Secretary under this title.

SEC. 122. NATIONAL DISCRETIONARY GRANT PROGRAM.

(a) AUTHORIZATION-

(1) IN GENERAL- The Secretary may provide grants to eligible entities described in paragraph (2) to carry out the following activities:

(A) To establish programs to address large scale economic dislocations that result from plant closures, base closures, or mass layoffs.

(B) To establish programs that may be up to 3 years in length, and may include the following programs:

(i) Self-employment opportunity program.

(ii) Public works employment program.

(iii) Dislocated farmer program.

(iv) Job creation program.

(C) To carry out projects that establish on-site transition centers meeting the requirements described in section 115(d)(2).

(D) To establish programs to address small-scale layoffs that are likely to have a substantial adverse State or local economic impact.

(E) To provide additional financial assistance to programs and activities established and operated by States and substate grantees under this title.

(2) ELIGIBLE ENTITIES- The following entities shall be eligible to receive grants under paragraph (1):

(A) States.

(B) Substate grantees.

(D) Transition assistance committees and other employer-employee entities.

(E) Labor organizations.

(F) Industry consortia.

(G) Appropriate State agencies.

(H) Community-based organizations.

(I) Institutions of higher education.

(J) Native American tribal entities eligible to receive assistance under section 401 of the Job Training Partnership Act.

(K) Entities eligible to receive assistance under section 402 of the Job Training Partnership Act (relating to migrant and seasonal farmworker programs).

(L) Entities providing adult education, as defined in section 312(2) of the Adult Education Act.

(M) Entities providing vocational education, as defined in section 521(41) of the Carl D. Perkins Vocational and Applied Technology Education Act.

(b) APPLICATION-

(1) IN GENERAL- The Secretary may not provide a grant under subsection (a) to an eligible entity unless the entity submits to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary determines to be appropriate.

(2) REVIEW AND COMMENT BY GOVERNOR- The Governor shall be provided an opportunity to review and comment on an application described in paragraph (1) prior to the submission of such application to the Secretary.

(c) REVIEW OF APPLICATION- The Secretary shall review each application submitted under subsection (b) and shall approve or disapprove each such application not later than 30 days after the date on which the Secretary receives such application.

(d) AUTHORITY TO OBLIGATE GRANT FUNDS- An eligible entity may enter into obligations to expend amounts that will be provided to such entity under a grant beginning on the date on which the Secretary approves the application for such grant under subsection (c).

(e) USE OF AMOUNTS-

(1) IN GENERAL- Except as provided in paragraph (2), the Secretary may not provide a grant under subsection (a)(1) to an eligible entity unless the entity agrees that it will use all amounts received from such grant to provide services described in section 117 to eligible individuals under projects that relate to--

(A) industry-wide dislocations;

(B) multistate dislocations;

(i) dislocations resulting from reductions in expenditures by the United States for defense; and

(ii) dislocations resulting from Federal environmental laws and regulations, including the Clean Air Act (42 U.S.C. 7401 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(D) dislocations resulting from international trade;

(E) dislocations affecting Native American tribal entities carried out through agreements with such entities; and

(F) other dislocations that result from special circumstances or dislocations that State and local resources are insufficient to address.

(2) EXCEPTION- In the case of an eligible entity that is a Native American tribal entity, the Secretary may not provide a grant under subsection (a)(1) to such entity unless the entity agrees that it will use all amounts received from such grant to provide services described in section 117 to eligible individuals under projects that relate to dislocations affecting such entity.

SEC. 123. DISASTER RELIEF EMPLOYMENT ASSISTANCE.

(a) GENERAL AUTHORITY-

(1) QUALIFICATION FOR FUNDS- Funds appropriated to carry out this section shall be made available in a timely manner by the Secretary to the Governor of any State within which is located an area that has suffered an emergency or a major disaster as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereafter referred to in this section as the ‘disaster area’).

(2) COORDINATION- Funds made available to Governors under paragraph (1) shall be expended in consultation with--

(A) agencies administering programs for disaster relief provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

(B) the administrative entity and the private industry council in each service delivery area within which disaster employment programs will be conducted under this section.

(b) USE OF FUNDS-

(1) IN GENERAL- Funds made available under this section shall be utilized for the purpose of directly assisting communities that are located within disaster areas, including units of general local government in such areas, and--

(A) shall be used exclusively to provide employment under projects--

(i) to provide food, clothing, shelter, and other humanitarian assistance for victims of a disaster; and

(ii) relating to the demolition, cleanup, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area; and

(B) may be expended through public and private agencies and organizations engaged in such projects.

(2) ELIGIBILITY FOR EMPLOYMENT-

(A) IN GENERAL- Notwithstanding section 103, an individual shall be eligible to be offered employment under paragraph (1) if such individual is temporarily or permanently laid off as a consequence of a disaster.

(B) LIMITATION- An individual shall not be employed under paragraph (1) for more than 6 months for work related to recovery from a single natural disaster.

(c) DEFINITION OF UNIT OF GENERAL LOCAL GOVERNMENT- For purposes of this section, the term ‘unit of general local government’ includes--

(1) in the case of a community conducting a project in an Indian reservation or Alaska Native village, the grantee designated under subsection (c) or (d) of section 401 of the Job Training Partnership Act (29 U.S.C. 1671(c) or (d)), or a consortium of such grantees and the State; and

(2) in the case of a community conducting a project in a migrant or seasonal farmworker community, the grantee designated under section 402(c) of the Job Training Partnership Act (29 U.S.C. 1672(c)), or a consortium of such grantees and the State.

SEC. 124. EVALUATION, RESEARCH, AND DEMONSTRATIONS.

(a) EVALUATION-

(1) IN GENERAL- The Secretary shall provide for the continuing evaluation of programs conducted under this title, including the cost-effectiveness of such programs in achieving the purposes of this title.

(2) TECHNIQUES-

(A) METHODS- An evaluation conducted under paragraph (1) shall utilize recognized statistical methods and techniques of the behavioral and social sciences, including methodologies that control for self-selection, where feasible.

(B) ANALYSIS- An evaluation conducted under paragraph (1) may include cost benefit analyses of programs, and analyses of the impact of the programs on participants and the community, the extent to which programs meet the needs of various demographic groups, the extent to which programs provided training which led to high skill, high wage jobs and non-traditional employment opportunities for women and minorities, and the effectiveness of the delivery systems used by the various programs.

(C) EFFECTIVENESS- The Secretary shall evaluate the effectiveness of programs authorized under this title 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 competencies 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.

(b) RESEARCH-

(1) IN GENERAL- The Secretary shall establish a program of research relating to addressing economic dislocation, facilitating the transition of permanently laid off workers to reemployment, and upgrading the skills of employed workers.

(2) CONDUCT OF PROGRAM- In carrying out the program established under paragraph (1), the Secretary shall develop and maintain statistical data relating to permanent layoffs and plant closings.

(3) MASS LAYOFF REPORT- The Secretary shall publish a report based upon such data, as soon as practicable, after the end of each calendar year. Among the data to be included are--

(A) the number of such closings;

(B) the number of workers displaced;

(D) the types of industries involved.

(4) SURVEY AND REPORT RELATING TO WORKER ADJUSTMENT AND RETRAINING AND NOTIFICATION ACT-

(A) SURVEY- The Secretary shall conduct a survey--

(i) estimating the number of dislocated workers in the United States who received notice of termination from their jobs which complied with the requirements of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.);

(ii) estimating the number of dislocated workers in the United States who received some notice of termination from their jobs under such Act but less than the full amount of notice required by such Act;

(iii) estimating the number of dislocated workers in the United States who did not receive any notice of termination from their jobs in violation of the requirements of such Act; and

(iv) analyzing the reasons why dislocated workers described in clauses (ii) and (iii) did not receive appropriate advance notice of termination from their jobs.

(B) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a report containing--

(i) the results of the survey conducted under subparagraph (A); and

(ii) recommendations for appropriate legislation that would increase the likelihood that all dislocated workers covered by the requirements of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) would receive notice of termination from their jobs in accordance with the requirements of such Act.

(1) IN GENERAL- The Secretary shall conduct a program of demonstration projects to develop and improve the methods for addressing economic dislocation and promoting worker adjustment. Such program may include projects that--

(A) provide services to upgrade the skills of employed workers who are at risk of being permanently laid off; and

(B) assist in retraining employed workers in new technologies and work processes that will facilitate the conversion or restructuring of businesses into high performance work organizations and avert plant closings or substantial layoffs.

(2) LIMITATION- Each demonstration project conducted under paragraph (1) shall not exceed three years in duration.

(3) EVALUATION COMPONENT- The Secretary shall conduct or provide for an evaluation of each of the projects carried out under paragraph (1) and shall provide for the dissemination of each such evaluation through the Capacity Building and Information and Dissemination Network established under section 453 of the Job Training Partnership Act (29 U.S.C. 1733).

(d) ANNUAL REPORT- The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate an annual report describing the activities of the Secretary under this section during the preceding fiscal year.

SEC. 125. CAPACITY BUILDING AND TECHNICAL ASSISTANCE.

(a) IN GENERAL- The Secretary shall provide, through grants, contracts, or other arrangements, staff training and technical assistance (primarily using computer-based and telecommunications technologies) to States, substate grantees, one-stop career systems, communities, business and labor organizations, service providers, industry consortia, and other entities, to enhance their capacity to develop and deliver effective adjustment assistance services to workers and to avert plant closings or substantial layoffs. Such training and assistance may include the development of management information systems, customized training programs, and the dissemination of computer-accessed learning systems.

(b) COORDINATION- The Secretary shall integrate the activities carried out under subsection (a) with the activities of the Capacity Building and Information and Dissemination Network established under section 453 of the Job Training Partnership Act (29 U.S.C. 1733).

SEC. 126. FEDERAL BYPASS AUTHORITY.

If a State chooses not to participate in the program authorized under subtitle A of title I or fails to submit an approved plan under such part, the Secretary shall use the amount that would be allotted to such State under section 101(b) to provide for the delivery in that State of the programs, activities, and services authorized under this title until such time as such State chooses to participate in the program.

Subtitle C--Performance Standards and Quality Assurance Systems

SEC. 131. PERFORMANCE STANDARDS.

(a) IN GENERAL- The Secretary, after consultation with the Secretary of Education, Governors, and substate grantees shall establish performance standards relating to the provision of services under this title. Such standards shall be based on factors the Secretary determines to be appropriate, which may include--

(1) placement, retention, and earnings of participants in unsubsidized employment, including--

(A) earnings at six months or more after termination from the program; and

(B) comparability of wages at a specified period after termination from the program with wages prior to participation in the program;

(2) acquisition of skills pursuant to a skill standards and skill certification system endorsed by the National Skill Standards Board established under the Goals 2000: Educate America Act;

(3) satisfaction of participants and employers with services provided and employment outcomes; and

(4) the quality of services provided to hard-to-serve populations, such as low income individuals, older workers, and displaced homemakers.

(b) ADJUSTMENTS- Each Governor shall, in accordance with regulations established by the Secretary and after consultation with substate grantees, prescribe adjustments to the performance standards established under section (a) for the substate grantees established in the State based on--

(1) specific economic, geographic, and demographic factors in the State and in substate areas within the State;

(2) the characteristics of the population to be served, including the demonstrated difficulties in serving special populations; and

(3) the types of services to be provided to such populations.

(1) UNIFORM CRITERIA-

(A) IN GENERAL- The Secretary shall establish uniform criteria for determining whether a substate grantee fails to meet the performance standards under this section.

(B) MODIFICATION- Such criteria may not be modified more than once every two years.

(2) TECHNICAL ASSISTANCE- The Governor shall provide technical assistance to substate grantees that fail to meet the performance standards under the uniform criteria established under paragraph (1).

(3) REPORT ON PERFORMANCE- Not later than 90 days after the end of each program year, each Governor shall submit to the Secretary a report containing the final performance standards for the State and the final performance standards for each substate grantee in the State, including a description of the technical assistance provided or planned to be provided in accordance with paragraph (2).

(4) DESIGNATION OF ANOTHER ENTITY AS SUBSTATE GRANTEE- If a substate grantee fails to meet the performance standards for two consecutive program years, the Governor shall notify the Secretary and the substate grantee of the continued failure and shall terminate the grant agreement with such grantee and designate another entity as the substate grantee consistent with section 116(b)(2).

(5) APPEAL-

(A) IN GENERAL- A substate grantee that has received notice under paragraph (4) that such grantee has failed to meet the performance standards for two consecutive years may, not later than 30 days after receiving such notice, appeal to the Secretary the decision of the Governor to terminate the grant agreement with such grantee.

(B) DECISION- The Secretary shall issue a decision on an appeal under subparagraph (A) not later than 30 days after receiving notice of such appeal.

(d) INCENTIVE GRANTS-

(1) AUTHORIZATION- From the funds reserved pursuant to section 101(c)(1), the Governor shall reserve funds to provide incentive grants to substate grantees in the State that exceed the performance standards under this section.

(2) USE OF AMOUNTS- Such substate grantees shall use amounts from such grants to enhance or expand services provided under this title.

SEC. 132. CUSTOMER FEEDBACK.

(a) METHODS- Each substate grantee shall establish, in accordance with standards established by the Secretary, methods for obtaining, on a regular basis, information from eligible individuals and employers who have received services under this title regarding the effectiveness and quality of such services and of service providers. Such methods may include the use of surveys, interviews, and focus groups.

(b) ANALYSIS AND DISSEMINATION- Each substate grantee shall analyze the information obtained from using the methods established under subsection (a) on a regular basis for use in improving the administration of the programs under this title and assisting participants in choosing from among eligible service providers, including information to assist individuals from various demographic groups to choose from among such providers. Employees of service providers with respect to which customer feedback information is being collected and analyzed shall be provided with such information and analysis, and offered an opportunity to provide comments before such information and analysis is made available to the public.

SEC. 133. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF EDUCATION AND TRAINING SERVICES.

(a) ELIGIBILITY REQUIREMENTS- A provider of education and training services shall be eligible to receive funds under this title if such provider--

(1) is either--

(A) an institution of higher education that continues to be eligible to participate in title IV of the Higher Education Act of 1965; or

(B) determined to be eligible under the procedures described in subsection (b); and

(2) provides the performance-based information required pursuant to subsection (c).

(b) ALTERNATIVE ELIGIBILITY PROCEDURE-

(1) IN GENERAL- The Governor shall establish, in accordance with standards established by the Secretary, an alternative eligibility procedure for providers of education and training services in such State desiring to receive funds under this title but that are not eligible to participate in title IV of the Higher Education Act of 1965. Such procedure shall establish minimum acceptable levels of performance for such providers based on factors and guidelines developed by the Secretary, after consultation with the Secretary of Education. Such factors shall be comparable in rigor and scope to those provisions of part H of such title of such Act that are used to determine an institution of higher education’s eligibility to participate in programs under such title as are appropriate to the type of provider seeking eligibility under this subsection and the nature of the education and training services to be provided.

(2) LIMITATION- Notwithstanding paragraph (1), if the participation of an institution of higher education in any of the programs under such title of such Act is terminated, such institution shall not be eligible to receive funds under this Act for a period of two years.

(1) CONTENTS- The Secretary, in consultation with the Secretary of Education, shall identify performance-based information that is to be submitted by providers of services desiring to be eligible under this section and shall establish a standard methodology for retrieving such information. Such information shall be independently verified prior to submission and may include information by various demographic groups relating to--

(A) the percentage of students completing the programs conducted by the provider;

(B) the rates of licensure of graduates of the programs conducted by the provider;

(C) the percentage of graduates of the programs meeting skill standards and certification requirements endorsed by the National Skill Standards Board established under the Goals 2000: Educate America Act;

(D) the rates of placement and retention in employment, and earnings of the graduates of the programs conducted by the provider;

(E) the percentage of students who obtained employment in an occupation related to the program conducted by the provider; and

(F) the warranties or guarantees provided by such provider relating to the skill levels or employment to be attained by students.

(2) ADDITIONAL INFORMATION- The Governor may, with the approval of the Secretary, prescribe additional performance-based information that shall be submitted by providers pursuant to this subsection.

(d) ADMINISTRATION-

(1) STATE AGENCY- The Governor shall designate a State agency to collect, verify, and disseminate the performance-based information submitted under subsection (c).

(2) SUBMISSION OF INFORMATION TO STATE AGENCY- A provider of education and training services that desires to be eligible to receive funds under this title shall submit the information required under subsection (c) to the State agency designated under paragraph (1) at such time and in such form as such State agency may require.

(3) LIST OF ELIGIBLE PROVIDERS- The State agency designated under paragraph (1) shall compile a list of eligible providers, accompanied by the performance-based information submitted under paragraph (2), and disseminate such list and information to the substate grantees within the State.

(4) ACCURACY OF INFORMATION-

(A) IN GENERAL- If the State agency designated under paragraph (1) determines that information concerning a provider is inaccurate, such provider shall be disqualified from receiving funds under this title for a period of two years, unless such provider can demonstrate to the satisfaction of the Governor or the designee of such Governor, that the information was provided in good faith. Individuals who received training from such a disqualified provider shall be provided the opportunity to receive appropriate additional training and income support from a qualified provider.

(B) APPEAL- The Governor shall establish a procedure for a service provider to appeal a determination by the State agency designated under paragraph (1) that results in a disqualification under subparagraph (A). Such procedure shall provide an opportunity for a hearing and prescribe appropriate time limits to ensure prompt resolution of the appeal.

(5) ASSISTANCE IN DEVELOPING INFORMATION- The State agency designated under paragraph (1) may provide technical assistance to education and training providers in developing the information required under subsection (b). Such assistance may include facilitating the utilization of State administrative records, such as unemployment compensation wage records, and other appropriate coordination activities.

(6) CONSULTATION- The Secretary shall consult with the Secretary of Education regarding the eligibility of institutions of higher education or other providers of education and training to participate in programs under this Act or under title IV of the Higher Education Act of 1965.

(e) ON-THE-JOB TRAINING EXCEPTION-

(1) IN GENERAL- A provider of on-the-job training shall not be subject to the requirements of subsections (a), (b), and (c).

(2) COLLECTION AND DISSEMINATION OF INFORMATION- The substate grantee shall collect performance-based information from on-the-job training providers as the Secretary may require.

Subtitle D--Program Requirements

SEC. 141. GENERAL REQUIREMENTS.

Except as otherwise provided in this title, the following conditions are applicable to all programs under this title:

(1) PROHIBITION ON INDUCING RELOCATION OF ESTABLISHMENTS-

(A) IN GENERAL- No funds provided under this title 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 any employee of such establishment at the original location of such establishment.

(B) PROHIBITION ON CUSTOMIZED OR SKILL TRAINING, ON-THE-JOB TRAINING, OR COMPANY SPECIFIC ASSESSMENTS OF JOB APPLICANTS OR EMPLOYEES- No funds provided under this title shall be used for customized or skill training, on-the-job training, or company specific assessments of job applicants or employees, for any establishment or part thereof, that has relocated, until 1 year 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 establishment at the original location.

(i) INVESTIGATION- If a violation of subparagraph (A) or (B) is alleged, the Secretary shall conduct an investigation to determine whether a violation has occurred.

(ii) PAYMENT OF PENALTY- If the Secretary determines that a violation of subparagraph (A) or (B) has occurred, the Secretary shall require the State, substate area, or substate grantee that has violated subparagraph (A) or (B) to--

(I) repay to the United States an amount equal to the amount expended in violation of subparagraph (A) or (B), in accordance with subsections (d) or (e) of section 154; and

(II) pay an additional amount equal to the amount required to be repaid under subclause (I), unless the State, substate 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 subparagraph (A) or (B).

(iii) DEPOSIT OF PENALTY AMOUNTS IN THE TREASURY- Amounts received under clause (ii)(II) shall be deposited in a special account in the Treasury for use by the Secretary for carrying out this title.

(2) SPECIAL PROGRAMS- Efforts shall be made to develop programs under this title which contribute to occupational development, upward mobility, development of new careers, and overcoming sex-stereotyping in occupations traditional for the other sex.

(3) JOINT SUBSTATE AGREEMENTS- A substate grantee may enter into an agreement or contract with another substate grantee to pay or share the cost of educating, training, or placing in employment individuals participating in programs assisted under this Act, including the provision of supportive services.

(4) ON-THE-JOB TRAINING-

(A) PAYMENTS TO EMPLOYERS- Payments to employers for on-the-job training of individuals participating in programs assisted under this title shall not, during the period of such training, average more than 50 percent of the amount of wages paid by the employer to such individuals, and such payments shall be deemed to be in compensation for--

(i) the extraordinary costs associated with training individuals participating in programs assisted under this title; and

(ii) the costs associated with the lower productivity of such individuals.

(B) DURATION OF TRAINING-

(i) IN GENERAL- On-the-job training authorized under this title for individuals participating in programs assisted under this title shall be limited in duration to a period not in excess of the period generally required for acquisition of skills needed for the position within a particular occupation, except that such period of on-the-job training shall not exceed 6 months unless the total number of hours of such training is less than 500 hours.

(ii) DETERMINATION OF PERIOD GENERALLY REQUIRED FOR ACQUISITION OF SKILLS- In determining the period generally required for acquisition of such skills, consideration shall be given to recognized reference material (such as the Dictionary of Occupational Titles), the content of the training of the individual, the prior work experience of the individual, and the reemployment plan of the individual.

(i) CONTENTS AND REQUIREMENTS- Each on-the-job training contract shall--

(I) specify the types and duration of on-the-job training and the other services to be provided in sufficient detail to allow for a fair analysis of the reasonableness of proposed costs; and

(II) comply with the applicable requirements of section 154.

(ii) ADDITIONAL REQUIREMENTS FOR CONTRACTS ENTERED INTO THROUGH INTERMEDIARY BROKERING CONTRACTOR- Each on-the-job training contract that is not directly entered into by a substate grantee with an employer (but instead is contracted through an intermediary brokering contractor) shall, in addition to meeting the requirements contained in clause (i), specify--

(I) the outreach, recruitment, participant training, counseling, placement, monitoring, followup, and other services to be provided directly by the brokering contractor within its own organization;

(II) the services to be provided by the employer conducting the on-the-job training; and

(III) the services to be provided, with or without cost, by other agencies and subcontractors.

(iii) ON-SITE MONITORING REQUIREMENT WITH RESPECT TO SUBCONTRACTOR- If an intermediary brokering contractor enters into a contract with a subcontractor to provide training or other services, the brokering contractor shall ensure, through on-site monitoring, compliance with the subcontract terms prior to making payment to the subcontractor.

(iv) PROHIBITION OF CONTRACT WITH CERTAIN EMPLOYERS- In accordance with regulations developed by the Secretary, on-the-job training contracts under this title shall not be entered into with employers who have received payments under previous contracts 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.

(5) PROHIBITION ON FEES FOR PLACEMENT OR REFERRAL- A person or organization may not charge an individual a fee for the placement or referral of such individual in or to a training program under this title.

(6) PROHIBITION ON SUBSIDIZED EMPLOYMENT- No funds may be provided under this Act for any subsidized employment with any private for-profit employer.

(7) RETENTION OF PROGRAM INCOME-

(A) IN GENERAL- Income under any program under this title administered by a public or private nonprofit entity may be retained by such entity only if used to continue to carry out the program.

(B) MAINTENANCE OF FINANCIAL RECORDS- Each such public or private nonprofit entity shall maintain records sufficient to determine the amount of income received and the purposes for which such income is expended.

(i) receipts from goods or services (including conferences) provided as a result of activities funded under the title;

(ii) funds provided to a service provider under this title that are in excess of the costs associated with the services provided; and

(iii) interest income earned on funds received under this title.

(8) NOTIFICATION AND CONSULTATION REQUIREMENTS-

(A) REQUIREMENTS OF THE SECRETARY- The Secretary shall notify the Governor and the appropriate chief elected officials of, and consult with the Governor and such officials concerning, any activity to be funded by the Secretary under this title within the State or substate area of the State.

(B) REQUIREMENTS OF THE GOVERNOR- The Governor shall notify the appropriate chief elected officials of, and consult with such officials concerning, any activity to be funded by the Governor under this title within the substate area of the State.

(9) PROHIBITION ON PUBLIC SERVICE EMPLOYMENT- Except as provided in section 123, no funds available under this title may be used for public service employment.

(10) PROHIBITION ON EMPLOYMENT GENERATING AND RELATED ACTIVITIES- Except for funds available to the Secretary to carry out section 123, no funds available under this Act shall be used for employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities, or for foreign travel.

(11) APPLICABILITY OF FEDERAL REQUIREMENTS RELATING TO TITLE, USE, AND DISPOSITION OF CERTAIN PROPERTY- The Federal requirements governing the title, use, and disposition 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 governments.

(12) TRANSFER OF EXCESS PROPERTY OF THE DEPARTMENT OF DEFENSE- (A) Notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of law, the Secretary shall receive priority by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in subparagraph (B) for use in carrying out programs under this Act or under any other Act.

(B) The property described in this subparagraph is both real and personal property under the control of the Department of Defense that is not used by such Department, including property that the Secretary of Defense determines is in excess of current and projected requirements of such Department.

SEC. 142. BENEFITS.

(a) IN GENERAL- Except as otherwise provided in this title, the following provisions shall apply to all activities financed under this title:

(1) PROHIBITION ON PAYMENTS FOR FAILURE TO PARTICIPATE WITHOUT GOOD CAUSE- A participant under this title shall not receive payments for training activities in which the participant fails to participate without good cause.

(2) WAGE RATES- An individual employed in activities authorized under this title shall be paid wages which shall not be less than the highest of--

(A) the minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938;

(B) the minimum wage under the applicable State or local minimum wage law; or

(3) COMPENSATION FOR ON-THE-JOB TRAINING-

(A) IN GENERAL- Subject to subparagraph (B), a participant in on-the-job training shall be compensated by the employer at the same rates, including periodic increases, as similarly situated employees or trainees and in accordance with applicable law.

(B) MINIMUM RATES- The rates of compensation described in subparagraph (A) shall not be less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 or the applicable State or local minimum wage law.

(4) APPLICABILITY OF WAGE RATES WITH RESPECT TO EMPLOYEES IN THE COMMONWEALTH OF PUERTO RICO AND AMERICAN SAMOA- References in paragraphs (2) and (3) to section 6(a)(1) 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 6(a)(3) 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.

(b) INCOME DISREGARD- Allowances, earnings, and payments to individuals participating in programs under this title shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, except as provided under the Social Security Act.

SEC. 143. LABOR STANDARDS.

(a) IN GENERAL-

(1) CONDITIONS OF EMPLOYMENT AND TRAINING- Conditions of employment and training shall be appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant in a program under this title.

(2) HEALTH AND SAFETY STANDARDS-

(A) IN GENERAL- Health and safety standards established under Federal and State law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants in programs under this title.

(B) ACTIVITIES NOT COVERED UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970- With respect to any participant in a program under this title who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, the Secretary shall prescribe, by regulation, such standards as may be necessary to protect the health and safety of such participant.

(3) WORKERS COMPENSATION LAW-

(A) IN GENERAL- To the extent that a State workers’ compensation law is applicable, workers’ compensation benefits in accordance with such law shall be available with respect to injuries suffered by participants.

(B) INSURANCE COVERAGE- To the extent that such law is not applicable, each recipient of funds under this title shall secure insurance coverage for injuries suffered by such participants, in accordance with regulations prescribed by the Secretary.

(4) BENEFITS AND WORKING CONDITIONS UNDER SUBSIDIZED JOBS- All individuals employed in subsidized jobs in a program under this title shall be provided 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.

(5) PROHIBITION ON CONTRIBUTIONS TO RETIREMENT SYSTEMS OR PLANS- No funds available under this title may be used for contributions on behalf of any participant to retirement systems or plans.

(b) DISPLACEMENT OF EMPLOYEES-

(1) IN GENERAL- A currently employed worker shall not be displaced by any participant in a program under this title (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits).

(2) PROHIBITION ON EMPLOYMENT OF PARTICIPANT DUE TO LAYOFF OR TERMINATION OF EMPLOYEE- A participant in a program under this title shall not be employed or a job opening filled if--

(A) any other individual is on layoff from the same or any substantially equivalent job; or

(B) the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this title.

(3) INFRINGEMENT OF PROMOTIONAL OPPORTUNITIES- Jobs shall not be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals.

(1) existing contracts for services; or

(2) existing collective bargaining agreements.

The employer and the labor organization must concur in writing with respect to any elements of the proposed activities which affect such agreement.

(d) ORGANIZED LABOR-

(1) UNION ORGANIZING- Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing.

(2) CONSULTATION REQUIREMENT- Any program conducted with funds made available under this title which will provide services to members of a labor organization will be established only after full consultation with such organization.

(3) OPPORTUNITY TO COMMENTS WITH RESPECT TO CERTAIN PROPOSALS- If a labor organization represents a substantial number of employees who are engaged in similar work or training in the same area as that proposed to be funded under this title, an opportunity shall be provided for such organization to submit comments with respect to such proposal.

(e) PREVAILING WAGES-

(1) IN GENERAL- All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of project, buildings, and works which are federally assisted under this title shall be paid wages at rates not less than those prevailing or similar construction in the locality as determined by the Secretary in accordance with the Act of March 3, 1921 (40 U.S.C. 276a-276a-5), commonly known as the Davis-Bacon Act.

(2) AUTHORITY AND FUNCTIONS OF SECRETARY- The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

(3) NONAPPLICABILITY TO TRAINING PROGRAM PARTICIPANTS- The provisions of this subsection shall not apply to a bona fide participant in a training program under this title.

(4) NONDISCRIMINATION- The provisions of section 157(a)(4) shall apply to such trainees.

SEC. 144. GRIEVANCE PROCEDURE.

(a) IN GENERAL- Each substate grantee, contractor, and grantee under this Act shall establish and maintain a grievance procedure for grievances or complaints relating to its programs and activities from participants, subgrantees, subcontractors, and other interested persons. Any determination, decision, or other action which affects the payment of unemployment compensation benefits shall not be subject to the grievance procedure established under the preceding sentence. Hearings on any grievance shall be conducted within 30 days of filing of a grievance and decisions shall be made not later than 60 days after the filing of a grievance. Except for complaints alleging fraud or criminal activity, complaints shall be made within one year of the alleged occurrence.

(b) GRIEVANCE PROCEDURE FOR EMPLOYEES OF PARTICIPANTS- Each recipient of financial assistance under this title which is an employer of participants under this title shall continue to operate or establish and maintain a grievance procedure relating to the terms and conditions of employment.

(c) EXHAUSTION OF GRIEVANCE PROCEDURE- Upon exhaustion of the recipient’s grievance procedure without decision, or where the Secretary has reason to believe that the recipient is failing to comply with the requirements of this title, the Secretary shall investigate the allegation or belief and determine within 120 days after receiving the complaint whether such allegation or complaint is true.

(d) INVESTIGATION BY SECRETARY-

(1) IN GENERAL- 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 decision, 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) MODIFICATION OR REVERSAL OF DECISION- 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 156.

(3) FINAL DECISION- If the Secretary determines that the decision issued pursuant to the recipient’s grievance procedure is appropriate, the determination shall become the final decision of the Secretary.

(e) Binding Grievance Procedure-

(1) IN GENERAL- 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 if a collective bargaining agreement covering the parties to the grievance so provides.

(2) REMEDIES- The remedies available under paragraph (1) shall be limited to the remedies available under subsection (f)(1)(C) and subsection (f)(2).

(f) REMEDIES AVAILABLE TO GRIEVANTS-

(1) IN GENERAL- 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 at least 2 years, in a program under this Act with an employer that has violated section 143, as determined under subsection (d) or (e); and

(2) ADDITIONAL REMEDIES- 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; and

(g) REMEDIES UNDER OTHER LAWS- 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.

Subtitle E--Fiscal Administrative Provisions

SEC. 151. PROGRAM YEAR.

(a) OBLIGATION OF FUNDS- Except as provided in subsection (b), beginning with fiscal year 1995 and thereafter, amounts appropriated for any fiscal year for programs and activities under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made.

(b) EXPENDITURE OF OBLIGATED FUNDS UNDER SUBTITLE B- Funds obligated to carry out subtitle B for any program year may be expended by each recipient during that program year and the two succeeding program years.

SEC. 152. PROMPT ALLOCATION OF FUNDS.

(a) PUBLICATION OF FORMULA ALLOCATIONS AND ALLOTMENTS- Whenever the Secretary allots and allocates funds required to be allotted or allocated by formula under this title, the Secretary shall publish in a timely fashion in the Federal Register the proposed amount to be distributed to each recipient.

(b) PUBLICATION OF DISCRETIONARY ALLOCATION FORMULA- Whenever the Secretary utilizes a formula to allot or allocate funds made available for distribution at the Secretary’s discretion under this Act, the Secretary shall, not later than 30 days prior to such allotment or allocation, publish such formula in the Federal Register for comments along with the rationale for the formula and the proposed amounts to be distributed to each State and area. After consideration of any comments received, the Secretary shall publish final allotments and allocations in the Federal Register.

SEC. 153. MONITORING.

(a) IN GENERAL- The Secretary is authorized to monitor all recipients of financial assistance under this title to determine whether such recipients are complying with the provisions of this title and the regulations issued under this title.

(b) INVESTIGATIONS- The Secretary may investigate any matter the Secretary determines is necessary to determine compliance with the provisions of this title and regulations issued under this title. The investigation of any such matter may include examining records (including making certified copies thereof), questioning employees, and entering any premises or onto any site in which any part of a program of a recipient is conducted or in which any of the records of the recipient are kept.

(c) WITNESSES AND DOCUMENTS- For the purpose of any investigation or hearing under this Act, the provisions of section 9 of the Federal Trade Commission Act (15 U.S.C. 49) (relating to the attendance of witnesses and the production of books, papers, and documents) are made applicable to the Secretary.

SEC. 154. FISCAL CONTROLS AND SANCTIONS.

(a) IN GENERAL-

(1) FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES- 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 this title. Such procedures shall ensure that all financial transactions are conducted and records maintained in accordance with generally accepted accounting principles applicable in each State.

(2) UNIFORM COST PRINCIPLES- The Secretary shall prescribe regulations establishing uniform cost principles substantially equivalent to such principles generally applicable to recipients of Federal grants funds. At a minimum, such standard shall provide that, to be allowable, costs must--

(A) be necessary and reasonable for proper and efficient administration of the program under this title;

(B) be allocable to the program under this title; and

(C) not be a general expense required to carry out the overall responsibilities of State or local governments, except as specifically provided by this title.

(3) PROCUREMENT STANDARDS- The Governor, in accordance with minimum requirements established in regulations by the Secretary, shall prescribe and implement procurement standards to ensure fiscal accountability and prevent fraud and abuse in programs administered under this title. 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 and substate 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;

(D) procurements shall not provide excess program income (for nonprofit and government 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) a grantee, contractor, subgrantee, or subcontractor shall not engage in any conflict of interest, actual or apparent, in the selection, award, or administration of a contract or grant under this title;

(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 shall be conducted on a cost reimbursable basis.

(4) ON-SITE MONITORING- The Governor shall annually conduct on-site monitoring of each substate grantee within the State to ensure compliance with the procurement standards established pursuant to paragraph (3).

(5) CORRECTIVE ACTION AND SANCTIONS WITH RESPECT TO SUBSTATE GRANTEE- If the Governor determines that a substate grantee 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

(B) impose the sanctions provided under subsection (b) in the event of failure to take the required corrective action.

(6) BIENNIAL CERTIFICATION- The Governor shall biennially certify to the Secretary that--

(A) the State has implemented the procurement standards established pursuant to paragraph (3);

(B) the State has monitored substate grantees to ensure compliance with the procurement standards as required under paragraph (4); and

(7) CORRECTIVE ACTION AND SANCTIONS WITH RESPECT TO STATE- 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 corrective action.

(b) SUBSTANTIAL VIOLATIONS-

(1) IMPOSITION OF REORGANIZATION PLAN- If, as a result of financial and compliance audits or otherwise, the Governor determines that there is a substantial violation of a specific provision of this title or the regulations under this title, and corrective action has not been taken, the Governor shall impose a reorganization plan, which may include--

(A) redesignating the substate grantee;

(B) prohibiting the use of designated service providers;

(D) other such changes as the Secretary or Governor determines necessary to secure compliance.

(2) APPEALS PROCESS- (A) The actions taken by the Governor pursuant to paragraph (1)(A) may be appealed to the Secretary and shall not become effective until--

(i) the time for appeal has expired; or

(ii) the Secretary has issued a decision.

(B) 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) FAILURE BY GOVERNOR TO TAKE PROMPT ACTION- If the Governor fails to promptly take the actions required under paragraph (1), the Secretary shall take such actions.

(c) REPAYMENT OF FUNDS- Every recipient shall repay to the United States amounts found not to have been expended in accordance with this title. The Secretary may offset such amounts against any other amount to which the recipient is or may be entitled under this Act unless the Secretary determines that such recipient should be held liable pursuant to subsection (d). No such action shall be taken except after notice and opportunity for a hearing have been given to the recipient.

(d) Liability for Repayment of Funds-

(1) IN GENERAL- Each recipient shall be liable to repay such amounts, from funds other than funds received under this title, upon a determination that the misexpenditures of funds was due to willful disregard of the requirements of this title, gross negligence, or failure to observe accepted standards of administration. No such finding shall be made except after notice and opportunity for a fair hearing.

(2) REQUIREMENTS- In determining whether to impose any sanction authorized by this section against a recipient for violations by a subgrantee of such recipient under this title or the regulations under this title, the Secretary shall first determine whether such recipient has adequately demonstrated that it has--

(A) established and adhered to an appropriate system for the award and monitoring of contracts with subgrantees which contains acceptable standards for ensuring accountability;

(B) entered into a written contract with such subgrantee which established clear goals and obligations in unambiguous terms;

(C) acted with due diligence to monitor the implementation of the subgrantee contract, including the carrying out of the appropriate monitoring activities (including audits) at reasonable intervals; and

(D) taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this Act or the regulations under this Act by such subgrantee.

(3) WAIVER- If the Secretary determines that the recipient has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition of sanctions authorized by this section upon such recipient. The Secretary is authorized to impose any sanction consistent with the provisions of this title and any applicable Federal or State law directly against any subgrantee for violation of this Act or the regulations under this Act.

(e) EMERGENCY TERMINATION OF FINANCIAL ASSISTANCE-

(1) IN GENERAL- In emergency situations, if the Secretary determines it is necessary to protect the integrity of the funds or ensure the proper operation of the program, the Secretary may immediately terminate or suspend financial assistance, in whole or in part, if the recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension.

(2) NONDELEGATION OF FUNCTIONS- The Secretary shall not delegate any of the functions specified in paragraph (1), other than to an officer whose appointment was required to be made by and with the advice and consent of the Senate.

(f) CORRECTIVE MEASURES- If the Secretary determines that any recipient under this title has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding or investigation under or related to this title, or otherwise unlawfully denied to any individual a benefit under the provisions of this title, or the Secretary’s regulations, the Secretary shall, within thirty days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both.

(g) REMEDIES NOT EXCLUSIVE- The remedies under this section shall not be construed to be exclusive remedies.

SEC. 155. REPORTS, RECORDKEEPING, AND INVESTIGATIONS.

(a) RECORDS- (1) Recipients shall keep records that are sufficient to permit the preparation of reports required by this title and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully.

(2) Every recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary requires regarding the performance of its programs. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by the Congress or a committee thereof.

(3) In order to allow for the preparation of national estimates necessary to meet the requirements of subsection (c), recipients shall maintain 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 maintained 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 subparagraph (A).

(b) INVESTIGATIONS- (1)(A) In order to evaluate compliance with the provisions of this title, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this title.

(B) In order to ensure compliance with the provisions of this title, the Comptroller General of the United States may conduct investigations of the use of funds received under this title by any recipient.

(2) In conducting any investigation under this title, the Secretary or the Comptroller General of the United States may not request the compilation of any new information not readily available to such recipient.

(3)(A) In carrying out any audit under this title (other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct), either directly or through grant or contract, the Secretary, the Inspector General, or the Comptroller General of the United States shall furnish to the State, substate grantee, 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 title 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) RESPONSIBILITIES OF FUND RECIPIENTS- Each State, substate grantee, and recipient (other than a subrecipient, grantee or contractor of a recipient) receiving funds under this title 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 uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide and substate area bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 157; 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) RETENTION OF RECORDS- 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 title, including financial, statistical, property and participant records and supporting 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 expenditures 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. All such records may be retained electronically.

(e) FINANCIAL RECORDS- Each State and substate grantee shall maintain records with respect to programs under this title 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.

SEC. 156. ADMINISTRATIVE ADJUDICATION.

(a) IN GENERAL- Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient upon whom a corrective action or a sanction has been imposed by the Secretary. Except to the extent provided for in section 141(b), subsections (d) and (e) of section 144, or section 157, all other disputes arising under this title shall be adjudicated under grievance procedures established by the recipient or under applicable law other than this title.

(b) FINAL DECISIONS- The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part thereof has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged shall be deemed to have been waived. Thereafter the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days of such filing, has notified the parties that the case has been accepted for review.

(c) DEADLINE FOR REVIEW- Any case accepted for review by the Secretary shall be decided within 180 days of such acceptance. If not so decided, the decision of the administrative law judge shall become the final decision of the Secretary.

(d) APPLICABLE PROVISIONS- The provisions of section 158 shall apply to any final action of the Secretary under this section.

SEC. 157. NONDISCRIMINATION.

(a) IN GENERAL- (1) For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of disability under section 504 of the Rehabilitation Act, on the basis of sex under title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964, programs and activities funded or otherwise financially assisted in whole or in part under this title are considered to be programs and activities receiving Federal financial assistance.

(2) No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any such program because of race, color, religion, sex, national origin, age, political affiliation or belief, or status as a qualified individual with disabilities.

(3) Participants shall not be employed on the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship.

(4) With respect to terms and conditions affecting, or rights provided to, individuals who are participants in activities supported by funds provided under this title, such individuals shall not be discriminated against solely because of their status as such participants.

(5) Participation in programs and activities financially assisted in whole or in part under this title shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.

(b) FAILURE TO COMPLY- Whenever the Secretary finds that a State or other recipient has failed to comply with a provision of law referred to in subsection (a)(1), with paragraph (2), (3), (4), or (5) of subsection (a), or with an applicable regulation prescribed to carry out such paragraphs, the Secretary shall notify such State or recipient and shall request it to comply with such provision of law or such paragraph, as the case may be. If within a reasonable period of time, not to exceed sixty days, the State or recipient fails or refuses to comply, the Secretary may--

(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;

(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, as may be applicable; or

(3) take such other action as may be provided by law.

(c) REFERRAL TO ATTORNEY GENERAL- When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever the Attorney General has reason to believe that a State or other recipient is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of subsection (a), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

SEC. 158. JUDICIAL REVIEW.

(a) IN GENERAL- (1) With respect to any final order by the Secretary under section 156 whereby the Secretary determines to award, to not award, or to only conditionally award, financial assistance, with respect to any final order of the Secretary under section 156, with respect to a corrective action or sanction imposed under section 154, any party to a proceeding which resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant or recipient of funds, by filing a review petition within 30 days of such final order.

(2) The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record upon which the final order was entered as provided in section 2112 of title 28, United States Code. Review petitions, unless ordered by the court, shall not stay the Secretary’s order. Petitions under this title shall be heard expeditiously, if possible within ten days of the filing of a reply brief.

(3) No objection to the order of the Secretary shall be considered by the court unless the objection shall have been specifically and timely urged before the Secretary. Review shall be limited to questions of law and the Secretary’s findings of fact shall be conclusive if supported by substantial evidence.

(b) JURISDICTION OF THE COURT- The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The court’s judgment shall be final, subject to certiorari review by the Supreme Court of the United States as provided in section 1254(1) of title 28, United States Code.

SEC. 159. ADMINISTRATIVE PROVISIONS.

(a) RULES AND REGULATIONS- The Secretary may, in accordance with chapter 5 of title 5, United States Code, prescribe such rules and regulations (including performance standards) as the Secretary deems necessary. Such rules and regulations may include adjustments authorized by section 204 of the Intergovernmental Cooperation Act of 1968. All such rules and regulations shall be published in the Federal Register at least thirty days prior to their effective date. Copies of all such rules and regulations shall be transmitted to the appropriate committees of the Congress at the same time and shall contain, with respect to each material provision of such rules and regulations, citations to the particular substantive section of law which is the basis therefor.

(b) GIFTS- The Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the department, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code.

(c) AUTHORITY TO EXPEND FUNDS- The Secretary may make such grants, contracts, or agreements, establish such procedures and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend funds under this title as necessary to carry out this title, including (without regard to the provisions of section 4774(d) of title 10, United States Code) expenditures for construction, repairs, and capital improvements, and including necessary adjustments in payments on account of overpayments of underpayments.

(d) USE OF SERVICES AND FACILITIES- The Secretary is authorized, in carrying out this title, under the same conditions applicable under section 159(c) or to the extent permitted by law other than this title, to accept and use the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized to accept and use the services and facilities of the agencies of any State or political subdivision of a State, with its consent.

(e) POLITICAL ACTIVITIES- The Secretary shall not provide financial assistance for any program under this title which involves political activities.

SEC. 160. OBLIGATIONAL AUTHORITY.

Notwithstanding any other provision of this title, no authority to enter into contracts or financial assistance agreements under this title shall be effective except to such extent or in such amount as are provided in advance in appropriation Acts.

Subtitle F--Consolidation Provisions

SEC. 171. REPEALERS.

The following provisions of law are hereby repealed:

(1) Title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.).

(2) Section 462(e) of such Act (29 U.S.C. 1752(e)).

(2) Part J of title IV of such Act (29 U.S.C. 1784 et seq.).

SEC. 172. CONFORMING AMENDMENTS.

(a) JOB TRAINING PARTNERSHIP ACT-

(1) TABLE OF CONTENTS- The table of contents of the Job Training Partnership Act (29 U.S.C. 1501 note) is amended--

(A) by striking the items relating to title III; and

(B) by striking the items relating to part J of title IV.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 3 of such Act (29 U.S.C. 1502) is amended--

(A) by striking subsection (b); and

(B) by striking paragraph (5) of subsection (c).

(3) OTHER REFERENCES-

(A) Section 106 of such Act (29 U.S.C. 1516) is amended--

(i) by striking subsection (c); and

(ii) in the first sentence of subsection (e)--

(I) by striking ‘and title III’; and

(II) by striking ‘subsections (b) and (c)’ and inserting ‘subsection (b)’.

(B) Section 108 of such Act (29 U.S.C. 1518) is amended by striking subsection (c) of such section.

(i) in the first sentence of subsection (b)(1), by striking ‘(including title III)’; and

(ii) by striking subsection (c)(7).

(D) Section 123(d)(2)(C) of such Act (29 U.S.C. 1533(d)(2)(C)) is amended in the second sentence by striking ‘to title III participants and’.

(E) Section 141(c) of such Act (29 U.S.C. 1551(c)) is amended by striking paragraph (5).

(b) OTHER PROVISIONS OF LAW-

(1) CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT-

(A) Section 420A(a)(6)(D) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2420a(a)(6)(D)) is amended by striking ‘title III of the Job Training Partnership Act’ and inserting ‘title I of the Reemployment Act of 1994’.

(B) Section 511(b) of such Act (20 U.S.C. 2468(b)) is amended--

(i) in paragraph (1), by striking ‘, title II, and title III’ and inserting ‘and title II’;

(ii) by redesignating paragraph (2) as paragraph (3); and

(iii) by inserting after paragraph (2) the following new paragraph:

‘(2) Title I of the Reemployment Act of 1994.’.

(2) TITLE 5, U.S.C- Section 3502(d)(3)(A) of title 5, United States Code, is amended by striking ‘section 311(b)(2) of the Job Training Partnership Act’ and inserting ‘section 112 of the Reemployment Act of 1994’.

(3) TITLE 18, U.S.C- Section 665 of title 18, United States Code, is amended by striking ‘or the Job Training Partnership Act’ each place it appears and inserting ‘, the Job Training Partnership Act, or title I of the Reemployment Act of 1994.’

(4) TRADE ACT OF 1974-

(A) Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended by striking subparagraph (B).

(B) Section 239(e) of such Act (19 U.S.C. 2311(e)) is amended in the first sentence by striking ‘and under title III of the Job Training Partnership Act’.

(5) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT- Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)) is amended by striking ‘title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)’ and inserting ‘title I of the Reemployment Act of 1994’.

SEC. 173. TRANSITION.

The Secretary may establish such rules and procedures as may be necessary to provide for the orderly transition from the programs under the provisions of law described in section 171 to the program authorized under this title.

TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

SEC. 201. PURPOSE.

The purpose of this title is to establish a Federal program of grants and waivers to allow States and localities the opportunity to transform the current array of employment and training programs into a coordinated information and service delivery system for individuals seeking jobs and for employers seeking workers.

Subtitle A--Basic System Components

SEC. 211. GENERAL REQUIREMENTS.

A one-stop career system under this title shall provide for--

(1) integration of employment and training programs in accordance with section 212;

(2) choice of information, services, and providers of such information and services for customers in such system in accordance with section 213;

(3) universal access to services by customers, including individuals and employers, in accordance with section 214; and

(4) accountability of the providers of such information and services in accordance with section 215.

SEC. 212. INTEGRATION OF EMPLOYMENT AND TRAINING PROGRAMS COMPONENT.

The integration of employment and training programs component of a one-stop career system shall include the coordinated use of multiple employment and training resources, program services, and delivery systems of the programs described in section 242. Such component--

(1) shall include the use of--

(A) common intake methodology;

(B) coordinated job development and placement for multiple programs; and

(2) shall include the use of at least 2 of the following:

(A) Common assessment methodology.

(B) Cross-training of staff for joint service delivery.

(D) Joint purchasing and integrated contracting.

(E) Individual service accounts.

SEC. 213. CUSTOMER CHOICE COMPONENT.

The customer choice component of a one-stop career system shall ensure that individuals are provided with sufficient information to make an informed choice with respect to the types of information and services available under such system, the providers of such information and services, and the location and methods for obtaining such information and services. Such component shall include a choice with respect to--

(1) the point of entry, to the extent practicable, of such individuals into the system for the provision of basic services described in section 243(a);

(2) the types of intensive services provided to such individuals in accordance with section 243(b); and

(3) the providers of education and training services for individuals eligible for such services, to the extent practicable, in accordance with section 243.

SEC. 214. UNIVERSAL ACCESS COMPONENT.

The universal access component of a one-stop career system shall provide for access to a comprehensive array of quality employment, education, and training services by individuals and employers. Such component shall include--

(1)(A) co-location of services; or

(B) multiple points of entry into the system; and

(2) the use of at least 2 of the following:

(A) Telecommunications and computer technology, including the use of electronic mailboards and toll-free telephone services.

(B) Information booths in public areas, including the stationing of staff at such booths and the use of electronic information kiosks.

(D) Services described in subparagraph (A) or (B) of paragraph (1) that have not been included in such component under such paragraph.

SEC. 215. ACCOUNTABILITY COMPONENT.

The accountability component of a one-stop career system shall provide for accountability of the providers of information and services to the satisfaction of individuals receiving such information and services. Such component shall provide for accountability with respect to the attainment of positive employment and training outcomes by such individuals, including attainment of such outcomes by individuals from various demographic groups and special populations. Such component shall include the use of--

(1) measures for assessing performance and the consequences for poor performance of providers of information and services;

(2) methods to measure the satisfaction of individuals receiving such information and services, including surveys and focus groups; and

(3) consumer reports on achievement of performance standards and best practices, which may include information relating to--

(A) the types of services to be provided, including the duration of such services and the location at which such services will be provided;

(B) the number of individuals who have received such services during the preceding 12-month period; and

Subtitle B--Grants to States

SEC. 221. PURPOSE.

The purpose of this subtitle is to assist States in the implementation of comprehensive statewide networks of one-stop career systems in all areas of such States.

SEC. 222. AUTHORIZATION.

(a) GRANTS TO STATES- The Secretary may provide grants to States in such amounts as the Secretary determines to be necessary to enable such States to implement comprehensive statewide networks of one-stop career systems in all areas of such States.

(b) Grants to Native American Tribal Entities-

(1) IN GENERAL- The Secretary may provide grants to Native American tribal entities in such amounts as the Secretary determines to be necessary to enable such entities to implement one-stop career systems for such entities.

(2) REQUIREMENTS- In providing grants under paragraph (1), the Secretary shall require Native American tribal entities to comply with requirements similar to those requirements imposed on States under this subtitle, except where special circumstances exist which would make such requirements inappropriate to the accomplishment of the purposes of this title, as determined by the Secretary.

(c) NOTIFICATION OF INTERAGENCY TASK FORCE- The Secretary may provide a grant under this section only if the Secretary notifies the interagency task force established under section 264 prior to providing such grant.

(d) PERIOD OF GRANT- The provision of payments under a grant under subsection (a) shall not exceed 3 fiscal years and shall be subject to the annual approval of the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments.

(e) LIMITATION- A State shall be eligible to receive only 1 grant under subsection (a).

SEC. 223. APPLICATION.

(a) IN GENERAL-

(1) SUBMISSION- Subject to paragraph (2), the Secretary may not provide a grant under section 222 to a State unless the Governor of the State, on behalf of the State, submits to the Secretary an application, at such time, in such form, and containing such information as the Secretary may reasonably require.

(2) REVIEW AND COMMENT BY CERTAIN INDIVIDUALS- If, after a reasonable effort, the Governor is unable in accordance with subsection (c)(4) to obtain the support of the individuals described in subsection (b)(5) for the State plan described in subsection (c), then the Governor shall--

(A) provide such individuals with copies of the application;

(B) allow such individuals to submit to the Governor, not later than the end of the 30-day period beginning on the date on which the Governor provides such individuals with copies of such application under subparagraph (A), comments on those portions of the plan that address matters that, under State or other applicable law, are under the jurisdiction of such individuals; and

(3) REVIEW AND COMMENT BY CERTAIN ENTITIES- Prior to submitting to the Secretary an application under paragraph (1), the Governor shall provide interested employers, labor organizations, community-based organizations, and educational and other public agencies with copies of such application, allow such entities to submit comments on such application in accordance with paragraph (2)(B), and include such comments in the application.

(b) CONTENTS- Such application shall include--

(1) a plan for a comprehensive statewide network of one-stop career systems that meets the requirements of subsection (c);

(2) assurances that the State will update such plan during the period of the grant, as determined to be necessary by the Secretary;

(3) a description of the manner in which the State will manage funds received from such grant, including the manner in which the State will allocate funds made available through such grant to all one-stop service areas in the State;

(4) a request, if the State decides to submit such a request, for a waiver of 1 or more requirements of the provisions of law, as provided for under subtitle E;

(5) a description of the manner in which the Governor, local elected officials, officials administering participating programs, and other appropriate officials, collaborated in the development of the application;

(6) any comments on the application submitted to the Governor under subsection (a)(2), where applicable; and

(7) such other information as the Secretary may require.

(1) designate one-stop service areas and administrative entities in the State in accordance with section 241;

(2) describe the manner in which the State will stimulate and support one-stop career systems, including the identification of the one-stop service areas in the State that will immediately begin implementation of the one-stop career center systems and the manner in which the comprehensive statewide network of one-stop career systems will be expanded over the period of the grant to cover all geographic areas in the State, including urban and rural areas;

(3) describe the procedure by which the individuals described in subsection (b)(5) will collaborate in the implementation of the comprehensive statewide network of one-stop career systems;

(4) demonstrate the support of individuals described in subsection (b)(5) for the plan, except in the case where the Governor is unable to obtain the support of such individuals as provided in subsection (a)(2);

(5) describe the manner in which the State has obtained and will continue to obtain the active and continued involvement in the comprehensive statewide networks of one-stop career systems of locally elected officials, postsecondary educational institutions (or related agencies), employers, business associations, industrial extension centers, employees, statewide labor federations, local central labor bodies, and other affected labor organizations, related services personnel, students, community-based organizations, rehabilitation agencies and organizations, local vocational educational agencies, vocational student organizations, human service agencies, and youth-serving agencies;

(6) in the case of a State that has initiated the establishment of a comprehensive statewide network of one-stop career systems, a description of how such system will be expanded with funds provided from a grant under section 222;

(7) describe the manner in which the comprehensive statewide network of one-stop career systems will coordinate with or integrate local one-stop career systems in existence on or after the date of the enactment of this Act;

(8) describe the resources that the State intends to use in maintaining the comprehensive statewide network of one-stop career systems when funds provided from a grant under section 222 have been expended;

(9) designate a fiscal agent to receive and be accountable for funds provided from a grant under section 222;

(10) describe the strategy of the State for providing training for employers, representatives of labor organizations, counselors, related services personnel, and others under the comprehensive statewide network of one-stop career systems, including specialized training and technical support for the counseling and training of women, minorities, out-of-school youths, and individuals with disabilities for high-skill, high-wage careers in nontraditional employment, and provide assurances of coordination with similar training and technical support under other provisions of law;

(11) describe the goals of the State and the methods the State will use, such as awareness and outreach, to ensure opportunities for women to participate in the comprehensive statewide network of one-stop career systems in a manner that leads to employment in high-performance, high-paying jobs, including nontraditional employment, and goals to ensure an environment free from racial and sexual harassment;

(12) describe how the State will serve individuals from rural communities with low population densities under the comprehensive statewide network of one-stop career systems;

(13) ensure the provision of services described in section 243 to individuals participating in one-stop career systems in the State by one-stop service providers described in section 244 in accordance with operating agreements described in section 245;

(14) describe how the State will meet the performance standards prescribed by the Secretary in accordance with section 262;

(15) designate the State human resource investment council or similar entity in accordance with section 247;

(16) identify programs that will participate in the one-stop career systems, the extent to which such programs will provide services to program participants through such systems, and the financial liability of the respective parties relating to the funds contributed by the participating programs under section 242;

(17) describe the financial and nonfinancial contributions to be made to the one-stop career systems by the participating programs under section 232, and the factors on which such contributions shall be based, such as the number of participants served and the quality of services provided;

(18) describe the extent and means by which each one-stop system in the comprehensive statewide network of one-stop career systems will provide for the 4 basic system components in accordance with subtitle A;

(19) describe how available labor market information and other appropriate methods will be utilized in the comprehensive statewide network of one-stop career systems in order to identify--

(A) the jobs currently available, the occupations currently in demand, and the occupations likely to be in demand in the future in the one-stop service areas in such network;

(B) the skill requirements relating to such jobs and occupations; and

(C) the education and training services, and the relative quality of such services, in the one-stop service areas that are available to assist individuals in acquiring such skills;

(20) describe the strategies to meet the needs of segments of the population with barriers to employment under the comprehensive statewide network of one-stop career systems, including the economically disadvantaged, welfare recipients, at-risk youths, dislocated workers, individuals with disabilities, displaced homemakers, older workers, and other targeted populations; and

(21) describe how the State will serve individuals from areas of high urban and rural unemployment which also contain high concentrations of individuals with low-skill levels.

SEC. 224. REVIEW OF APPLICATION.

(a) PRIORITY CONSIDERATIONS- In evaluating applications submitted under section 223, the Secretary shall give priority to applications in which--

(1) one-stop service areas are based on labor market areas;

(2) a large percentage of funds made available to carry out the Federal programs described in section 242 are made available under the one-stop career systems so that services and activities under such programs are fully integrated on a financial and programmatic basis into such systems;

(3) components of such systems described in subtitle A have already been implemented by the State;

(4) a higher percentage of the population or geographic areas of the State will be initially covered by the one-stop service areas in such State;

(5) one-stop career systems will enhance services described in section 243 through the use of more than the minimum requirements of the components described in sections 212 through 215; and

(6) a high level of concurrence exists among the individuals described in section 223(b)(5) for the State plan.

(b) APPROVAL CRITERIA- The Secretary shall approve an application submitted under section 223 only if such application demonstrates that the one-stop career systems under the comprehensive statewide network of one-stop career systems described in such application are likely to successfully implement the basic system components described in subtitle A.

(1) IN GENERAL- In reviewing each application submitted under section 223, the Secretary shall determine whether the application and the plan described in such application meet the approval criteria in subsection (b).

(2) ACTIONS AFTER AFFIRMATIVE DETERMINATION- If the determination under paragraph (1) is affirmative, the Secretary may take 1 or more of the following actions:

(A) Provide a grant under section 222 to the State submitting the application.

(B) Approve the request of the State, if any, for a waiver in accordance with the procedures set forth in subtitle E.

SEC. 225. USE OF AMOUNTS.

The Secretary may not provide a grant under section 222 to a State unless the State agrees that the State will use all amounts received from such grant to implement a comprehensive statewide network of one-stop career systems in accordance with this title.

SEC. 226. REPORTS.

The Secretary may not provide a grant under section 222 to a State unless the State agrees that the State will submit to the Secretary such reports as the Secretary may reasonably require, including--

(1) the use of amounts under such grant;

(2) the achievement of performance standards for the system; and

(3) the attainment of customer satisfaction in the system,

except that the Secretary may not require more than 1 such report during any 3-month period.

Subtitle C--Federal Grants to One-Stop Service Areas

SEC. 231. PURPOSE.

The purpose of this subtitle is to provide grants directly to one-stop service areas to assist such areas in the implementation of one-stop career systems.

SEC. 232. AUTHORIZATION.

(a) GRANTS TO ONE-STOP SERVICE AREAS-

(1) IN GENERAL- Subject to paragraph (2), the Secretary may provide grants directly to one-stop service areas that have been established in accordance with subsection (b)(1) in such amounts as the Secretary determines to be necessary to enable such areas to implement one-stop career systems.

(2) RESTRICTIONS- A one-stop service area--

(A) shall be eligible to receive only 1 grant under this subsection; and

(B) shall not be eligible to receive a grant under this subsection if such area is located in a State that--

(i) has been provided a grant under subtitle B; and

(ii) has received amounts from such grant for any fiscal year after the 1st fiscal year under such grant.

(b) ESTABLISHMENT OF ONE-STOP SERVICE AREAS AND LOCAL CONSORTIA-

(1) ESTABLISHMENT OF ONE-STOP SERVICE AREAS- A one-stop service area may be established in accordance with 1 of the following methods:

(A) A local elected official of a unit of general local government may designate such unit of government as a one-stop service area. Such local elected official shall be designated the chief elected official for such area.

(B) 2 or more local elected officials of units of general local government may establish a one-stop service area consisting of such units of government. Such local elected officials shall designate 1 such official to be the chief elected official for such area.

(2) ESTABLISHMENT OF LOCAL CONSORTIA- The chief elected official designated under paragraph (1) shall provide for the establishment of a local consortium consisting of representatives of employers, labor organizations, and the programs described in section 242 for the purpose of developing the local plan, designating an administrative entity to administer the one-stop career system for the one-stop service area, and providing for the overall policy guidance of the one-stop career system.

SEC. 233. APPLICATION.

(a) IN GENERAL- The Secretary may not provide a grant under section 232 to a one-stop service area unless the chief elected official designated for such area, on behalf of the local consortium established for such area, submits an application to the Secretary at such time and in such form as the Secretary may require. The chief elected official shall submit the application to the State for review and comment before submitting the application to the Secretary.

(b) TIME LIMIT FOR STATE REVIEW AND COMMENT-

(1) IN GENERAL- The State shall provide for review and comment on the application under subsection (a) not later than 30 days after the date on which the State receives the application from the local elected official.

(2) SUBMISSION WITHOUT STATE REVIEW AND COMMENT- If the State does not provide review and comment within the 30-day time period specified in paragraph (1), the chief elected official may submit the application to the Secretary without first obtaining such review and comment.

(1) a local plan developed by the local consortium for a one-stop career system that is, to the extent appropriate, consistent with the requirements of the State plan for a comprehensive statewide network of one-stop career systems described in section 223(c);

(2) assurances that the local consortium will update such plan during the period of the grant, as determined to be necessary by the Secretary;

(3) a request, if the local consortium decides to submit such a request, for a waiver of 1 or more requirements of the provisions of law, as provided for under subtitle E;

(4) a description of the procedure by which local elected officials, officials administering participating programs, and other appropriate officials, collaborated in the development of the application;

(5) the comments of the State on the plan, if any; and

(6) such other information as the Secretary may require.

SEC. 234. REVIEW OF APPLICATION.

(a) PRIORITY CONSIDERATIONS- In evaluating applications submitted under section 233, the Secretary shall give priority to applications in which--

(1) one-stop service areas are based on labor market areas;

(3) components of such systems described in subtitle A have already been implemented by the local consortium;

(4) one-stop career systems will enhance services described in section 243 through the use of more than 3 of the methods of the integration of employment and training programs component described in section 212; and

(5) a high level of concurrence exists among the individuals described in section 233(c)(4) for the local plan.

(b) APPROVAL CRITERIA- The Secretary shall approve an application submitted under section 233 only if such application demonstrates that the one-stop career system described in such application is likely to successfully implement the basic system components described in subtitle A.

(1) IN GENERAL- In reviewing each application submitted under section 233, the Secretary shall determine whether the application and the plan described in such application meet the approval criteria in subsection (b).

(2) ACTIONS AFTER AFFIRMATIVE DETERMINATION- If the determination under paragraph (1) is affirmative, the Secretary may take 1 or more of the following actions:

(A) Provide a grant under section 232 to the one-stop service area submitting the application.

(B) Approve the request of the one-stop service area, if any, for a waiver in accordance with the procedures set forth in subtitle E.

SEC. 235. USE OF AMOUNTS.

The Secretary may not provide a grant under section 232 to a one-stop service area unless the area agrees that it will use all amounts from such grant--

(1) to carry out activities to implement a one-stop career system in accordance with this title; and

(2) with respect to a one-stop service area located in a State that has received a grant under subtitle B, to integrate such system with the comprehensive statewide network of one-stop career systems in such State.

SEC. 236. REPORTS.

The Secretary may not provide a grant under section 232 to a one-stop service area unless the area agrees that the area will submit to the Secretary such reports as the Secretary may reasonably require, including--

(1) the use of amounts under such grant;

(2) the achievement of performance standards for the system; and

(3) the attainment of customer satisfaction in the system,

except that the Secretary may not require more than 1 such report during any 3-month period.

Subtitle D--Administrative Requirements

SEC. 241. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE STRUCTURE.

(a) ESTABLISHMENT OF ONE-STOP SERVICE AREAS-

(1) IN GENERAL- The Governor shall, after consultation with local elected officials and the State human resource investment council (to the extent such council has been established) or similar entity, establish one-stop service areas for the State in accordance with this section for the purpose of implementing one-stop career systems in such areas.

(2) FACTORS TO BE CONSIDERED IN ESTABLISHING ONE-STOP SERVICE AREAS- In establishing one-stop service areas under paragraph (1), the Governor shall consider--

(A) the availability of services throughout the State;

(B) the capability to coordinate the delivery of services with other job training, human services, and economic development programs;

(D) the geographic boundaries of any concentrated employment program grantee for a rural area described in section 101(a)(4)(A)(iii) of the Job Training Partnership Act (29 U.S.C. 1511(a)(4)(A)(iii)).

(3) SPECIAL RULES-

(A) TREATMENT OF SERVICE DELIVERY AREAS AND SUBSTATE AREAS- Each service delivery area and substate area within a State shall be included within a one-stop service area or designated as a one-stop service area and no service delivery area and substate area shall be divided among two or more one-stop service delivery areas.

(B) TREATMENT OF ONE-STOP SERVICE AREAS ESTABLISHED UNDER SUBTITLE C- Each one-stop service area that has been established under subtitle C shall be designated as a one-stop service area by the Governor under paragraph (1).

(4) REDESIGNATION- The Governor may not redesignate one-stop service areas established under paragraph (1) more frequently than once every two years.

(b) ESTABLISHMENT OF LOCAL CONSORTIA- The Governor and the local elected official in each one-stop service area, shall provide for the establishment of a local consortium in each one-stop service area consisting of representatives of employers, labor organizations, and the programs described in section 242 for the purpose of providing for the overall policy guidance of the one-stop career system in such area, including the selection of one-stop service providers.

(1) AGREEMENT-

(A) IN GENERAL- An administrative entity shall be designated, on a biennial basis, for each one-stop service area for the purpose of administering the one-stop career system in accordance with an agreement among the Governor, the local elected official or officials, officials administering participating programs, and other appropriate individuals.

(B) MULTIPLE OFFICIALS- If a one-stop service area is represented by more than one such official, the respective officials shall each designate representatives, in accordance with procedures established by the Governor (after consultation with the State council), to negotiate such agreement.

(2) ELIGIBILITY- Subject to paragraph (3), an entity shall be eligible for designation as an administrative entity if such entity is a public agency or a private nonprofit organization, including--

(A) a private industry council in the one-stop service area;

(B) a service delivery area grant recipient or administrative entity under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);

(D) a unit of general local government in the one-stop service area or an agency of such unit;

(E) a local office of a State agency;

(F) a community college or an area vocational school; and

(G) a consortium of the entities described in subparagraphs (A) through (E).

(3) INELIGIBILITY- An entity shall not be eligible for designation as an administrative entity if such entity is a one-stop service provider that will provide education or training services under the programs described in section 242.

SEC. 242. PARTICIPATING PROGRAMS.

Subject to the requirements of this Act, officials responsible for carrying out programs under the following provisions of law may make available to participants in a one-stop career system the services described in section 243 that are applicable to such programs and may participate in the operation of such system as a party to the agreements described in section 245:

(1) Title I of this Act.

(2) Title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.).

(3) Part B of title IV of such Act (29 U.S.C. 1691 et seq.).

(4) Part C of title IV of such Act (29 U.S.C. 1721).

(5) Part H of title IV of such Act (29 U.S.C. 1782 et seq.).

(6) The Act of June 6, 1933 (commonly known as the ‘Wagner-Peyser Act’; 29 U.S.C. 49 et seq.).

(7) The School-to-Work Opportunities Act (20 U.S.C. 6101 et seq.).

(8) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.).

(9) The Adult Education Act (20 U.S.C. 1201 et seq.).

(10) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(11) Part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.).

(12) Section 6(d)(4) of the Food Stamp Act of 1977.

(13) Chapter 41 of title 38, United States Code.

(14) Federal and State unemployment compensation laws.

(15) State laws providing for employment and training services.

(16) Other Federal employment and training laws, identified and determined to be appropriate by the interagency task force established under section 264.

SEC. 243. SERVICES.

(a) BASIC SERVICES-

(1) IN GENERAL- Each one-stop service provider who has entered into an operating agreement pursuant to section 245 shall make available to individuals participating in the one-stop career system at no cost to such individuals the following basic services:

(A) Outreach services to make individuals aware of, and encourage the use of, employment and training services, including--

(i) at a minimum, basic information on all Federal, State, and local employment and training programs for which individuals may be eligible; and

(ii) efforts to expand awareness of training and placement opportunities for limited-English proficient individuals, disadvantaged youths and adults, displaced homemakers, and individuals with disabilities.

(B) Common intake and orientation relating to information and services available in such system.

(D) Preliminary common assessment of the skill levels (including appropriate testing) and service needs of individuals, which may include such factors as basic skills, occupational skills, prior work experience, employability, interests, aptitudes, and supportive service needs.

(E) Information relating to local, regional, and national labor markets, including--

(i) job vacancy listings in such markets; and

(ii) information relating to local occupations in demand and the earnings and skill requirements for such occupations.

(F) Information relating to participating job training and education programs (including student financial assistance), including the eligibility requirements of and services provided by such programs, the availability and quality of such programs, and referrals to such programs, where appropriate.

(G) Information collected pursuant to the performance standards and customer feedback requirements of section 246.

(H) Assistance in evaluating whether individuals are likely to be eligible for any program participating in the one-stop career system.

(I) Information relating to programs and providers of dependent care and other supportive services available in the local area.

(J) Provision of an informational packet with respect to eligible programs which explains the rights and responsibilities of the individual and lists the appropriate agency to contact for additional information.

(2) ADDITIONAL BASIC SERVICES- In addition to the services described in paragraph (1), at least 1 one-stop service provider in each one-stop career system who has entered into an operating agreement pursuant to section 245 shall also provide the following additional basic services:

(A) Job search assistance, including resume and interview preparation, and workshops.

(B) Job referral and job placement assistance.

(3) UNEMPLOYMENT COMPENSATION REQUIREMENTS- A State that requires the filing of an initial claim for unemployment compensation with an employee of the State agency charged with the administration of the State unemployment compensation law shall provide for--

(A) the availability of 1 or more employees of such State agency to each one-stop career system to take such initial claims; or

(B) the filing of such initial claims with employees of such State agency from each one-stop career system using telephonic, telefax, or other means.

(b) INTENSIVE SERVICES-

(1) IN GENERAL- Subject to paragraph (2), each one-stop service provider who has entered into an operating agreement pursuant to section 245 may, in accordance with the written agreement developed pursuant to such section, provide to individuals participating in the one-stop career system the following intensive services:

(A) Comprehensive and specialized assessments of the skill levels and service needs of individuals, which may include--

(i) diagnostic testing and other assessment tools; and

(ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.

(B) The development of an individual reemployment plan, which shall identify the employment goal (including in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and the appropriate combination of services for a participant to achieve the employment goal.

(C) Group counseling, including peer counseling, which may be available to individuals jointly with their immediate families, and which may include counseling relating to stress management and financial management.

(D) Individualized counseling and career planning, including peer counseling and counseling and planning relating to nontraditional employment opportunities.

(E) Case management for individuals receiving education, training, and supportive services, including periodically reviewing the progress of the individual toward achieving employment goal of such individual.

(F) Job development.

(G) Out-of-area job search allowances.

(H) Relocation allowances.

(I) Assistance in the selection of education and training providers.

(J) Assistance in obtaining income support for which the individual is eligible, to enable such individual to participate in training.

(K) Supportive services.

(L) Follow-up counseling for individuals placed in training or employment.

(2) ADDITIONAL REQUIREMENT- At least 1 one-stop service provider participating in a one-stop career system shall provide both basic services under subsection (a) and the intensive services described in subparagraphs (A), (B), (D), (E), (I), and (J) of paragraph (1) to individuals participating in the one-stop career system.

(1) IN GENERAL- Each one-stop service provider who has entered into an operating agreement pursuant to section 245 may provide to employers the following services:

(A) Customized screening and referral of individuals for employment.

(B) Customized assessment of skill levels of the employer’s current employees.

(D) Other specialized employment and training services.

(2) JOB ORDERS- Each one-stop career system shall establish, pursuant to an agreement under section 245 and in consultation with appropriate officials from the United States Employment Service, a coordinated method for--

(A) soliciting, accepting, and disseminating on a statewide basis, job orders submitted by employers in the one-stop service area; and

(B) screening and referring applicants in accordance with such orders.

(d) ADDITIONAL SERVICES- Each one-stop service provider who has entered into an operating agreement pursuant to section 245 may make available such additional services as are specified in the written agreement under section 245.

SEC. 244. ONE-STOP SERVICE PROVIDERS.

(a) IN GENERAL- The administrative entity, in agreement with the local consortium, shall establish a process for selecting one-stop service providers described in subsection (b) for the one-stop career system.

(b) ONE-STOP SERVICE PROVIDER DESCRIBED- Subject to subsection (b), for purposes of this title, the term ‘one-stop service provider’ means a public agency or a private nonprofit organization, including--

(1) a local office of the State employment security agency;

(2) a substate grantee under title I of this Act;

(3) a service delivery area grant recipient or administrative entity under the Job Training Partnership Act (29 U.S.C. 1501 et seq.);

(4) a community college or area vocational school;

(5) a community-based organization;

(6) other private nonprofit and public organizations and entities, including labor organizations; or

(7) a consortium consisting of 1 or more of the entities described in paragraphs (1) through (6).

(c) SPECIAL RULE- A local office of the State employment security agency, or a consortium including such an office, shall participate in a one-stop career system if such office requests such participation and meets the performance standards pursuant to section 262.

SEC. 245. OPERATING AGREEMENTS.

(a) IN GENERAL- All one-stop service providers in a one-stop career system shall enter into a single written agreement with the administrative entity designated under section 241(b) for the purpose of providing services under the one-stop career system.

(b) APPROVAL AND OVERSIGHT-

(1) IN GENERAL- Subject to paragraph (2), such agreement shall be subject to the approval of the local elected official designated for the one-stop service area. Such official shall oversee the development of such agreement, ensure that the agreement meets the requirements of this section, and monitor the implementation of such agreement.

(2) PRIOR CONSULTATION REQUIREMENT- The local elected official may not approve an agreement under which services are to be provided in conjunction with services under State programs unless such official consults with the Governor in advance of approval.

(c) ANNUAL BUDGET- The parties to the written agreement described under subsection (a) shall supplement such agreement by developing an annual budget for the one-stop career system. Such budget shall be subject to the approval of the local elected official designated for the one-stop service area.

(d) CONTRACTING PROCEDURES- The administrative entity shall enter into contracts with one-stop service providers for the provision of services under the one-stop career system.

SEC. 246. ADDITIONAL STATE RESPONSIBILITIES.

(a) IN GENERAL- Each State implementing a comprehensive statewide network of one-stop career systems shall be responsible for developing and operating administrative and management systems that promote the effective operation of such network.

(b) MONITORING- Each such State shall monitor the compliance of one-stop service areas within the State with the requirements of this title.

(c) TECHNICAL ASSISTANCE- Each such State shall provide such technical assistance as deemed necessary to assist the one-stop service areas in the State to carry out their responsibilities under this title.

(d) CUSTOMER FEEDBACK-

(1) METHODS- Each such State shall establish methods for obtaining, on a regular basis, information from individuals and employers who have received services through the comprehensive statewide network of one-stop career systems regarding the effectiveness and quality of such services, including information from various demographic groups and special populations. Such methods may include the use of surveys, interviews, focus groups, and other techniques.

(2) ANALYSIS AND DISSEMINATION- Each such State shall analyze the information obtained pursuant to paragraph (1) on a regular basis and provide a summary of such information accompanied by such analysis to--

(A) the local elected official or officials for use in improving the quality of services provided under section 243; and

(B) the general public through the local labor market information program established under title III.

SEC. 247. STATE HUMAN RESOURCE INVESTMENT COUNCIL.

(a) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, each State shall establish a State human resource investment council that meets the requirements of title VII of the Job Training Partnership Act (29 U.S.C. 1792 et seq.) or a similar entity established prior to the date of the enactment of this Act that includes representatives of employers, labor organizations, and education and training providers. In addition to carrying out the functions required under paragraphs (1) through (3) of section 701 of such Act, the council or similar entity shall--

(1) identify the human investment needs in the State and recommend to the Governor goals for meeting such needs;

(2) recommend to the Governor goals for the development and coordination of the human resource system in the State;

(3) prepare and recommend to the Governor a strategic plan to accomplish the goals developed pursuant to paragraphs (2) and (3); and

(4) monitor the implementation of and evaluate the effectiveness of the strategic plan prepared pursuant to paragraph (3).

(b) ONE-STOP FUNCTION- In addition to the functions described in subsection (a), the council or similar entity shall advise the Governor with respect to all aspects of the development and implementation of the comprehensive statewide network of one-stop career systems authorized under this title, including--

(1) assessing the needs of the State with regard to--

(A) current and projected demand for workers by occupation;

(B) skill levels of the workforce and the needs of business for a skilled workforce;

(D) the type and availability of Federal and State employment and training programs in the State;

(2) providing advice to the Governor on the designation of one-stop service areas within the State;

(4) facilitating the provision through appropriate State agencies of grants and technical assistance to local elected officials;

(5) developing a mechanism for waiving State rules and provisions of law with respect to Federal and State employment and training programs; and

(6) developing a strategy to collect and utilize information on the effectiveness of Federal and State employment and training programs, and that of individual one-stop service providers, and to share such information with customers of such programs.

SEC. 248. POOLING OF ADMINISTRATIVE RESOURCES.

(a) SUBMISSION OF PLAN-

(1) IN GENERAL- At any point in the implementation of a comprehensive statewide network of one-stop career systems, a State may, on behalf of 1 or more one-stop service areas in the State, submit to the Secretary a plan for the pooling of administrative funds available to such areas under 2 or more of the programs described in paragraphs (1) through (6) of section 242.

(2) COMPONENTS OF POOLING- Under a plan submitted pursuant to paragraph (1), each participating program described in paragraphs (1) through (6) of section 242 may propose to transfer administrative funds to the one-stop career system and to allocate the amount transferred to the costs of administration under such program at the time of such transfer. Pursuant to such plan, further allocation of the expenditure of such funds to the participating program shall not be required subsequent to the transfer of the funds to the one-stop career center system. Administrative funds that are transferred under such plan shall only be expended for the costs of administering allowable activities under the one-stop career system.

(b) APPROVAL OF PLAN- Notwithstanding section 1301 of title 31, United States Code, or any other provision of law, the Secretary may approve a plan for the pooling of administrative funds submitted pursuant to subsection (a) if the Secretary determines such plan would not jeopardize the administration of the participating programs transferring such funds and would facilitate the implementation of the one-stop career system. After approval of such plan, the Secretary shall regularly review the performance of the one-stop service areas operating under such plans and shall rescind such approval if the Secretary determines that the performance of the one-stop service area has been inadequate to justify continuation of the plan or there has been a significant adverse effect on the participating programs.

(1) IN GENERAL- Upon the approval of the Governor, real property in which, as of July 1, 1995, equity has resulted from funds provided under title III of the Social Security Act, section 903(c) of the Social Security Act (commonly referred to as the Reed Act), or the Wagner-Peyser Act, may be used for the purposes of a one-stop career system.

(2) LIMITATION- Unless otherwise provided in a plan approved pursuant to subsection (b), subsequent to the commencement of the use of the property described in paragraph (1) for the purposes of a one-stop career system, funds provided under the provisions of law described in paragraph (1) may only be used to acquire further equity in such property, or to pay operating and maintenance expenses relating to such property, in proportion to the extent of the use of such property attributable to the activities authorized under such provisions of law.

SEC. 249. LABOR STANDARDS.

(a) IN GENERAL- Except as provided in subsection (b), the labor standards described in section 143 shall apply to activities under one-stop career systems authorized under this title.

(b) EXCEPTION- Subsection (a) shall not apply with respect to activities under participating programs described in section 242 to the extent such programs contain labor standards that are equal to or more comprehensive than the labor standards described in section 143, as determined by the Secretary.

Subtitle E--Waiver of Statutory and Regulatory Requirements

SEC. 251. STATE, LOCAL CONSORTIUM, AND NATIVE AMERICAN TRIBAL ENTITY REQUESTS AND RESPONSIBILITIES FOR WAIVERS.

(a) STATE REQUEST FOR WAIVER- A State that has applied for a grant under subtitle B may submit to the Secretary concerned a request for a waiver of 1 or more requirements of the provisions of law referred to in section 252, or of the regulations issued under such provisions, in order to carry out a comprehensive statewide network of one-stop career systems established by such State. The State may submit the request as a part of the application described in section 223 (or as an amendment to the application at any time after submission of the application) to the Secretary of Labor who, in coordination with the interagency task force established under section 264, shall forward such request to the appropriate Secretary concerned. Such request may include a request for different waivers with respect to different areas within the State.

(b) LOCAL CONSORTIUM REQUEST FOR WAIVER-

(1) IN GENERAL- A local consortium established for a one-stop service area that seeks a waiver of such a requirement shall submit an application for such waiver to the State, and the State shall determine whether to submit a request for a waiver to the Secretary concerned, as provided in subsection (a).

(2) TIME LIMIT-

(A) IN GENERAL- The State shall make a determination to submit or not submit the request for a waiver under paragraph (1) not later than 30 days after the date on which the State receives the application from the local consortium.

(B) DIRECT SUBMISSION-

(i) IN GENERAL- If the State does not make a determination to submit or not submit the request within the 30-day time period specified in subparagraph (A), the local consortium may submit the application to the Secretary concerned.

(ii) REQUIREMENTS- In submitting such an application, the local consortium shall, to the extent practicable, obtain the agreement of the State involved to comply with the requirements of section 252(a)(1)(C) and comply with the other requirements of section 252, as appropriate, and of subsections (d) and (e), that would otherwise apply to a State submitting a request for a waiver. In reviewing such an application, the Secretary concerned shall comply with the requirements of such section and such subsections that would otherwise apply to the Secretary concerned with respect to review of such a request.

(c) NATIVE AMERICAN TRIBAL ENTITY REQUEST FOR WAIVER- A Native American tribal entity that has applied for a grant under subtitle B may submit to the Secretary concerned a request for a waiver of 1 or more requirements of the provisions of law referred to in section 252, or of the regulations issued under such provisions, in order to carry out a one-stop career system established by such entity.

(d) WAIVER CRITERIA- Any such request by the State shall meet the criteria contained in section 252 and shall specify the provisions or regulations referred to in such sections with respect to which the State seeks a waiver.

(e) SUPPORT BY APPROPRIATE STATE AGENCIES- In requesting such a waiver, the State shall provide evidence of support for the waiver request by the State agencies or officials with jurisdiction over the provisions or regulations that would be waived.

SEC. 252. WAIVER AUTHORITY.

(a) GENERAL WAIVER AUTHORITY-

(1) IN GENERAL- Except as provided in subsection (b), the Secretary concerned may waive any requirement under any provision of law referred to in subsection (c), or of any regulation issued under such provision, for a State or Native American tribal entity that requests such a waiver under section 251--

(A) if, and only to the extent that, the Secretary concerned determines that such requirement impedes the ability of the State, local consortium, or Native American tribal entity, as the case may be, to carry out the purposes of this title;

(B) if the State or tribal entity provides the Secretary concerned with documentation of the necessity for the waiver, including information concerning--

(i) the specific requirement that will be waived;

(ii) the specific positive outcomes expected from the waiver and why those outcomes cannot be achieved while complying with the requirement;

(iii) the process that will be used to monitor the progress of the State, local consortium, or tribal entity, as the case may be, in implementing the waiver; and

(iv) such other information as the Secretary concerned may require;

(D) if the State--

(i) has provided the State human resource investment council or similar entity and all local consortia and tribal entities that carry out programs under this title in the State with notice and an opportunity to comment on the proposal of the State to seek a waiver;

(ii) provides to advocacy and civil rights groups, and labor and business organizations an opportunity to comment on the proposal of the State to seek a waiver not later than 30 days after the date on which such State decides to seek such waiver; and

(iii) has submitted the comments of the local consortium to the Secretary concerned.

(2) COORDINATION WITH PRIOR AND PENDING REQUESTS- Prior to approving or disapproving a request submitted by a State or Native American tribal entity pursuant to paragraph (1), the Secretary concerned shall review all prior requests submitted by such State or tribal entity and all pending requests submitted by such State or tribal entity, as the case may be, to each Secretary concerned to ensure that the approval of the request in question will be consistent with such prior and pending requests.

(3) APPROVAL OR DISAPPROVAL- The Secretary concerned shall promptly approve or disapprove any request submitted pursuant to paragraph (1) and shall issue a decision that shall--

(A) include the reasons for approving or disapproving the request, including a response to comments on the proposal; and

(B) in the case of a decision to approve the request, be published in the Federal Register and be disseminated by the State seeking the waiver to interested parties, including advocacy and civil rights organizations, labor and business organizations, and the public.

(4) TERM- Each waiver approved pursuant to this subsection shall be for a period not to exceed 3 years, except that the Secretary concerned may extend such period if such Secretary determines that the waiver has been effective in enabling the State, local consortium, or Native American tribal entity, as the case may be, to carry out the purposes of this title.

(b) EXPEDITED WAIVER AUTHORITY-

(1) IN GENERAL- The Secretary concerned may, using an expedited process, waive any applicable requirement under any provision of law referred to in subsection (c), or of any regulation issued under such provision, for a State or Native American tribal entity that requests such a waiver under section 251--

(A) if the State or tribal entity provides the Secretary concerned with information concerning the process that will be used to monitor the progress of the State, local consortium, or tribal entity, as the case may be, in implementing the waiver; and

(B) if the State waives, or agrees to waive, similar requirements of State law.

(2) TERM- Each waiver approved pursuant to this subsection shall be for a period not to exceed 3 years, except that the Secretary concerned may extend such period if such Secretary determines that the waiver has been effective in enabling the State, local consortium, or Native American tribal entity, as the case may be, to carry out the purposes of this title.

(3) APPLICABLE REQUIREMENT DEFINED- For purposes of this subsection, the term ‘applicable requirement’ means a requirement designated under section 264(b)(3) that has been published in the Federal Register as a final requirement under section 264(b)(4).

(1) IN GENERAL- The provisions subject to the waiver authority of this section are the following provisions of law:

(A) Title I of this Act.

(B) Title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.).

(D) Part C of title IV of such Act (29 U.S.C. 1721).

(E) Part H of title IV of such Act (29 U.S.C. 1782 et seq.).

(F) The Act of June 6, 1933 (commonly known as the ‘Wagner-Peyser Act’; 29 U.S.C. 49 et seq.).

(G) The School-to-Work Opportunities Act (20 U.S.C. 6101 et seq.).

(H) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.).

(I) The Adult Education Act (20 U.S.C. 1201 et seq.).

(J) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).

(K) Part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.).

(2) CIRCULARS AND RELATED REGULATIONS- In addition to the provisions of law described in paragraph (1), the Secretary of Labor may, notwithstanding any other provision of law, waive any requirement under the following Office of Management and Budget circulars (or any successor administrative regulations or policies) or regulations for a State or Native American tribal entity that requests such a waiver under section 251:

(A) Circular A-87 (relating to cost principles for State and local governments).

(B) Circular A-102 (relating to grants and cooperative agreements with State and local government).

(D) Part 97 of title 29, Code of Federal Regulations (relating to uniform administrative regulations for grants and cooperative agreements to States and local governments).

(d) WAIVERS NOT AUTHORIZED- The Secretary concerned may not waive any requirement of any provision referred to in subsection (c), or of any regulation issued under such provision, relating to--

(1) the basic purposes or goals of such provision;

(2) maintenance of effort;

(3) the formula allocation of funds under a program under such provision;

(4) the eligibility of an individual for participation in a program under such provision;

(5) public and individual health or safety, labor standards, occupational safety and health, or environmental protection;

(6) prohibitions or restrictions relating to the acquisition of real property or the acquisition or construction of buildings or facilities;

(7) any constitutional or statutory right of an individual, including any right under--

(A) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

(B) title IX of the Education Amendments of 1972 (86 Stat. 373 et seq.);

(D) the Americans with Disabilities Act of 1990;

(8) civil rights and nondiscrimination;

(9) affirmative action;

(10) environmental protection;

(11) labor relations;

(12) pensions;

(13) Federal taxation; or

(14) anti-displacement.

(e) TERMINATION OF WAIVERS- The Secretary concerned shall periodically review the performance of any State, local consortium, or Native American tribal entity for which the Secretary concerned has granted a waiver under this section and shall terminate the waiver under this section if the Secretary concerned determines that the performance of the State, local consortium, or tribal entity, as the case may be, that is affected by the waiver has been inadequate to justify a continuation of the waiver, or the State fails to waive similar requirements of State law as required or agreed to in accordance with subsection (a)(1)(C) or subsection (b)(1)(B).

(f) SECRETARY CONCERNED DEFINED- For purposes of this section, the term ‘Secretary concerned’ means--

(1) with respect to requests for waivers of requirements under provisions of law referred to in subparagraphs (A) through (F) of subsection (c)(1), or of any regulation issued under such provisions, the Secretary of Labor;

(2) with respect to requests for waivers of requirements under the provision of law referred to in subparagraph (G) of subsection (c)(1), or of any regulation issued under such provision, the Secretary of Labor and the Secretary of Education;

(3) with respect to requests for waivers of requirements under provisions of law referred to in subparagraphs (H) and (I) of subsection (c)(1), or of any regulation issued under such provisions, the Secretary of Education; and

(4) with respect to requests for waivers of requirements under provisions of law referred to in subparagraphs (J) and (K) of subsection (c)(1), or of any regulation issued under such provisions, the Secretary of Health and Human Services.

Subtitle F--National Programs

SEC. 261. OVERSIGHT.

The Secretary is authorized to monitor all recipients of financial assistance under this title to determine whether such recipients are complying with the provisions of this title.

SEC. 262. PERFORMANCE STANDARDS AND EVALUATION.

(a) PERFORMANCE STANDARDS-

(1) IN GENERAL- Not later than July 1, 1996, the Secretary, after consultation with Governors, local elected officials, and one-stop service providers described in section 244, shall prescribe performance standards relating to the establishment and operation of one-stop career systems. Such standards shall be coordinated with performance standards for programs described in section 242 and shall be based on factors the Secretary determines to be appropriate, which may include--

(A) placement, retention and earnings of participants from various demographic groups in unsubsidized employment, including--

(i) wages and benefits at a specified period after termination from the program;

(ii) full-time and part-time employment; and

(iii) comparability of wages at a specified period after termination from the program with wages prior to participation in the program;

(B) the provision of services to hard-to-serve populations such as individuals who are basic skills deficient, school dropouts, individuals with disabilities, older workers with obsolete skills, economically disadvantaged individuals, displaced homemakers, and other individuals who face serious barriers to employment;

(C) acquisition of skills pursuant to a skill standards and skill certification system endorsed by the National Skill Standards Board established under the Goals 2000: Educate America Act;

(D) satisfaction of participants with services provided and the employment outcomes;

(E) satisfaction of employers with job performance of individuals placed; and

(F) measures of the cost efficiency of the one-stop career centers.

(2) STANDARDS RELATING TO INTEGRATION- The Secretary, after consultation with Governors, local elected officials, and one-stop service providers described in section 244, shall prescribe performance standards relating to the integration of financial and non-financial resources, program services, and delivery systems, including the extent to which a large percentage of funds made available to carry out the Federal programs described in section 242 are made available under the one-stop carrier systems. Such standards shall be based on factors the Secretary determines to be appropriate, which may include the use of--

(A) common intake methodology;

(B) common assessment methodology;

(D) integrated job development and placement for multiple programs;

(E) integrated employability development teams from multiple programs under different provisions of law with primary client responsibility lodged with primary funding source for the client;

(F) joint purchasing and integrated contracting for expert systems and services;

(G) co-location of services or multiple points of entry into a unified system;

(H) joint development and utilization of data on performance by one-stop service providers;

(I) individual service accounts which integrate funds from various programs to permit the financing and management of comprehensive individualized employability plans; and

(J) technology applications which promote and permit information exchange across a variety of program funding streams.

(3) ADJUSTMENTS- Each Governor may, within parameters established by the Secretary, prescribe adjustments to the performance standards prescribed under paragraph (1) for the one-stop career systems established in the State based on--

(A) specific economic, geographic and demographic factors in the State and in one-stop service areas within the State;

(B) the characteristics of the population to be served, including the demonstrated difficulties in serving populations with barriers to employment; and

(4) FAILURE TO MEET STANDARDS-

(A) UNIFORM CRITERIA- The Secretary shall establish uniform criteria for determining whether a one-stop career system fails to meet performance standards under this section.

(B) TECHNICAL ASSISTANCE- The Governor shall provide technical assistance to one-stop career systems failing to meet performance standards under the uniform criteria established under subparagraph (A).

(C) REMEDIAL ACTION- The Secretary shall establish procedures for the provision of remedial action for one-stop career systems that continue to fail to meet such performance standards for two consecutive program years, including the termination of grants, contracts, or other agreements.

(D) REPORT ON PERFORMANCE- Each Governor shall report to the Secretary, at such intervals and in such manner as the Secretary may determine, the final performance standards and performance for each one-stop career system within the State, along with the technical assistance planned and provided as required under subparagraph (B).

(b) EVALUATION-

(1) IN GENERAL- The Secretary shall provide for the continuing evaluation of programs conducted under this title, including the cost-effectiveness of programs in achieving the purposes of this title.

(2) NATIONAL EVALUATION- Not later than September 30, 2000, the Secretary shall complete a national evaluation of grants provided under subtitles B and C that will assess the progress of implementation of State and local programs and their effectiveness based on performance standards established by the Secretary under subsection (a).

(3) TECHNIQUES-

(A) METHODS- Evaluations conducted under paragraphs (1) and (2) shall use recognized statistical methods and techniques of the behavioral and social sciences, including methodologies that control for self-selection, where feasible.

(B) ANALYSIS- Such evaluations may include cost benefit analyses of programs and analyses of--

(i) the impact of the programs on participants and the community;

(ii) the extent to which programs meet the needs of various demographic groups; and

(iii) the effectiveness of delivery systems used by various groups.

SEC. 263. CAPACITY BUILDING AND TECHNICAL ASSISTANCE.

(a) IN GENERAL- From amounts appropriated pursuant to the authorization of appropriations in section 3(b) for a fiscal year, the Secretary shall reserve an amount equal to 7 percent of such amounts appropriated for such fiscal year to provide, utilizing telecommunications and computer technology, the extent possible, staff training and technical assistance to States, one-stop career systems, community-based organizations, business and labor organizations, one-stop service providers, industry consortia, and other entities, to enhance the capacity of such entities to develop and implement effective one-stop career systems.

(b) INTEGRATION- The Secretary shall fully integrate the staff training and technical assistance provided under subsection (a) with the activities of the Capacity Building and Information and Dissemination Network established under section 453 of the Job Training Partnership Act (29 U.S.C. 1733).

SEC. 264. INTERAGENCY TASK FORCE RELATING TO WAIVER REQUESTS.

(a) ESTABLISHMENT- The Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish an interagency task force (hereafter in this section referred to as the ‘task force’).

(b) IDENTIFICATION AND DESIGNATION OF REQUIREMENTS OF PROVISIONS OF LAW AND REGULATIONS SUBJECT TO EXPEDITED WAIVER AUTHORITY- The task force, in consultation with the National Commission on Employment Policy, shall--

(1) identify initial requirements under the provisions of law described in section 242 and (including requirements relating to definitions, cost classifications, and program cycles) or of any regulation issued under such provisions, that impede the ability of States and one-stop service areas to carry out the purposes of this title;

(2) publish such requirements in the Federal Register for the purpose of providing interested individuals and entities an opportunity to review such requirements and provide comments with respect to such requirements to the task force;

(3) based upon such comments, designate such requirements as final requirements subject to the expedited waiver authority under section 252(b), to the extent appropriate; and

(4) publish such final requirements in the Federal Register.

(c) REPORT TO CONGRESS- Not later than 1 year after the date of the enactment of this Act, the task force shall submit to the Congress a report containing recommendations for proposed legislation to simplify, coordinate, or eliminate 1 or more of the final requirements designated under subsection (b)(4) that impede the ability of States and one-stop service areas to carry out the purposes of this title.

TITLE III--NATIONAL LABOR MARKET INFORMATION PROGRAM FOR STATES AND LOCALITIES

SEC. 301. PURPOSES.

The purposes of this title are--

(1) to establish a national, State, regional and local labor market information program that will promote the consolidation and coordination of existing labor market information programs and develop new databases in furtherance of this title and section 113, as the Secretary determines is practicable and useful to all users of the information;

(2) to provide for the development, maintenance, and continuous improvement of a nationwide system for the collection, analysis, and dissemination of locally based labor market information;

(3) to create a cooperative Federal/State/local governance structure for the planning, administration, and evaluation of the labor market information system; and

(4) to provide funding for the labor market information system to the extent required for--

(A) the planning, development, implementation, and evaluation of workforce development policies and programs; and

(B) the achievement of the National Strategy in section 302.

SEC. 302. NATIONAL STRATEGY.

(a) IN GENERAL- The Secretary shall develop, in coordination with Governors and appropriate Federal, State, regional, and local officials and entities, a strategy to establish a program, administered by the Office of Labor Market Information within the Department of Labor established under subsection (c), in order to develop a nationwide system of State, regional and local labor market information that accomplishes the purpose described in section 301 and carries out the activities described in this section and section 303. In addition, such strategy shall be designed to fulfill the labor market information requirements of the Job Training Partnership Act, title I of this Act, the Carl D. Perkins Vocational and Applied Technology Education Act, and other appropriate Federal programs.

(b) IMPLEMENTATION- In implementing the strategies described in subsection (a), the Secretary is authorized to enter into contracts and intergovernmental cooperative agreements, award grants and foster the creation of public-private partnerships, using funds authorized under this title and funds otherwise available for such purposes. In addition, the Secretary may conduct research and demonstration projects to assist in such implementation.

(1) ESTABLISHMENT- There is hereby established within the Department of Labor an Office of Labor Market Information to have overall policy, coordination, and funding responsibilities for the labor market information system described in subsection (a).

(2) DUTIES- The Office shall, with respect to data collection, analysis, and dissemination of labor market information--

(A) continuously review the current and proposed activities of departmental entities in order to--

(i) eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority;

(ii) recommend any needed improvements in administrative reporting systems to support the development of labor market information from their data; and

(iii) ensure that all departmental entities use the common structures for data collection and analysis and for employment resources;

(B) manage the investment in labor market information by--

(i) developing a comprehensive annual budget, including funds at the Federal level, funds allotted to States by formula, and funds supplied to the States by contracts with departmental entities;

(ii) administering grants allotted to States in a cooperative agreement with each State in a manner similar to such agreements between the Department of Labor and the State agency responsible for the Federal-State cooperative statistical program; and

(iii) overseeing the negotiation and execution of contracts between departmental entities and the States, while ensuring State maximum flexibility within the standards of consistency.

(3) ADDITIONAL DUTIES- In carrying out its duties, the Office shall--

(A) establish and maintain, with the cooperation of the States, the components specified in section 303;

(B) coordinate statistical and administrative data collection activities to enable a comprehensive labor market information system; and

(i) administrative records are standardized to facilitate the aggregation of data from local to State and national levels and to support the possible creation of new statistical series from program records;

(ii) paperwork and reporting requirements on employers and individuals are reduced;

(iii) automated technology is used by Federal and State agencies; and

(iv) the appropriate dissemination of results from research studies and demonstration projects, feedback from surveys of customer satisfaction, education and training provider performance data, and other relevant information that promotes improvement in the quality of labor market information.

SEC. 303. COMPONENTS OF PROGRAM.

(a) IN GENERAL- The Secretary, in coordination with Governors and appropriate Federal, State, regional and local officials and entities, and public-private partnerships, shall design and implement a strategy for creating and sustaining a program for a system of national, State, regional and local labor market information.

(b) PROGRAM CONTENT- The labor market information program shall include a common core set of current, comprehensive, localized, and automated data on--

(1) labor market demand including--

(A) profiles of occupations that describe job duties, education and training requirements, skills, wages, benefits, working conditions, and the industrial distribution of occupations;

(B) current and projected employment opportunities and trends, by industry and occupation including growth projections by industry, and growth and replacement need projections by occupation;

(D) profiles of industries and employers in the local labor market describing the nature of the work performed, employment skill and experience requirements, specific occupations, wages, hours and benefits, and hiring patterns; and

(E) industries, occupations and geographic locations facing significant change or dislocation;

(2) labor market supply including--

(A) educational attainment, training, skills, skill levels, and occupations of the population;

(B) demographic, socioeconomic characteristics, and current employment status of the population, including self-employed, part-time, and seasonal workers;

(C) job seekers, including their education and training, skills, skill levels, employment experience, and employment goals;

(D) the number of workers displaced by permanent layoffs and plant closings by industry, occupation, and geographic location; and

(E) current and projected training completers who have acquired specific occupational and or work skills and competencies; and

(3) consumer information which shall be in a form useful for immediate employment search, entry into training and education programs and career exploration including--

(A) the availability of education courses, training programs and job placement programs and support services;

(B) the quality of education/training programs and service providers based on student and employer satisfaction, and statistically based performance evaluations of job placement rates and retention, wages at placement and one year after completion, and other elements of program quality;

(C) the quality of one-stop career systems and other providers of reemployment services based on customer satisfaction measures; and

(D) Automated systems to permit easy determination of eligibility for funding and other assistance in job training, job search, income support, supportive services and other reemployment services.

(c) TECHNICAL STANDARDS- The Secretary, in cooperation with Governors and labor market information users, shall promulgate standards necessary to promote efficient exchange of information between the local, regional, State and national levels, including such standards as may be required to ensure that data are comparable. Such standards shall be designed to ensure that there is appropriate access to local, State, regional, and national data, subject to confidentiality constraints. In issuing such technical standards, the Secretary shall meet the requirements of chapter 35 of Title 44, United States Code, and ensure coordination and consistency with other appropriate Federal standards established by the Bureau of Labor Statistics. The Bureau of Labor Statistics shall be responsible for providing technical assistance and training to States to assure the statistical reliability and uniform standards of the labor market information program.

(d) CONSUMER REPORTS- The Secretary, in consultation with the Secretary of Education and other appropriate Federal agencies, Governors, and State and local governments, shall set standards for the required reports and create a mechanism for collection and dissemination of the consumer reports described in subsection (a)(6).

(e) EVALUATION- The Secretary shall designate an advisory group of labor market information specialists representing national, State, regional and local users and producers of labor market information to be responsible to provide for the evaluation of the procedures, products and services under this title, including their cost-effectiveness and the level of customer satisfaction. Such evaluations may include--

(1) analyses of the precision of estimates produced or collected under this title;

(2) examination of the uses of the data by job seekers, employers, educators, career counselors, public and private training providers, economic development planners, and public agencies and institutions;

(3) the appropriateness of such uses; and

(4) the relative costs and benefits of the data.

(f) INFORMATION DISSEMINATION- Data contained in the labor market information program shall be made available in automated information delivery systems and dissemination mechanisms for data and analysis shall be developed, maintained, and continuously improved.

SEC. 304. COORDINATION.

To ensure the appropriate coordination, implementation and integration of labor market information programs nationwide, the Secretary shall--

(1) coordinate the activities of Federal agencies responsible for the collection and dissemination of labor market information at the national, State, regional and local level;

(2) determine, on an annual basis, the resources, needed to establish and maintain a national, State, regional and local labor market information program, and, as feasible, enter into a cooperative agreement with each State in a manner similar to such agreements between the Bureau of Labor Statistics, and the State agency responsible for the Federal-State cooperative statistical program; and

(3) ensure the appropriate dissemination of results from research studies and demonstration projects, feedback from surveys of customer satisfaction, education and training provider performance data, and other relevant information that promotes improvement in the quality of labor market information.

TITLE IV--TECHNICAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

This Act, and the amendments made by this Act, shall take effect on July 1, 1995, or the date of the enactment of this Act, whichever occurs later.

SEC. 402. SUNSET.

The authority provided by titles II and III shall terminate on October 1, 2003.

H.R. 5166 (103rd): Reemployment Act of 1994

React to this bill with an emoji

Save your opinion on this bill on a six-point scale from strongly oppose to strongly support

Primary Source

Widget for your website

Follow GovTrack on social media for more updates:

On GovTrack Insider:

OCTOBER 4, 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

Subtitle A--State and Substate Delivery System

Subtitle B--Federal Service Delivery System

Subtitle C--Performance Standards and Quality Assurance Systems

Subtitle D--Program Requirements

Subtitle E--Fiscal Administrative Provisions

Subtitle F--Consolidation Provisions

TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

Subtitle A--Basic System Components

Subtitle B--Grants to States

Subtitle C--Federal Grants to One-Stop Service Areas

Subtitle D--Administrative Requirements

Subtitle E--Waiver of Statutory and Regulatory Requirements

Subtitle F--National Programs

TITLE III--NATIONAL LABOR MARKET INFORMATION PROGRAM FOR STATES AND LOCALITIES

TITLE IV--TECHNICAL PROVISIONS

SEC. 2. PURPOSES.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

SEC. 4. DEFINITIONS.

TITLE I--COMPREHENSIVE PROGRAM FOR WORKER REEMPLOYMENT

SEC. 101. ALLOTMENT.

SEC. 102. RECAPTURE AND REALLOTMENT OF UNEXPENDED FUNDS.

SEC. 103. ELIGIBILITY FOR SERVICES.

Subtitle A--State and Substate Delivery System

SEC. 111. STATE ADMINISTRATION AND OVERSIGHT.

SEC. 112. DESIGNATION AND FUNCTIONS OF STATE DISLOCATED WORKER UNIT.

SEC. 113. DEVELOPMENT AND MAINTENANCE OF STATE AND LOCAL LABOR MARKET INFORMATION PROGRAM.

SEC. 114. COORDINATION WITH WORKER PROFILING AND RETRAINING INCOME SUPPORT PROGRAMS.

SEC. 115. STATE GRANTS FOR AREAS OF SPECIAL NEED, POPULATIONS IN NEED, AND SPECIAL PROJECTS.

SEC. 116. ESTABLISHMENT OF SUBSTATE ADMINISTRATIVE STRUCTURE.

SEC. 117. SERVICES TO BE PROVIDED TO ELIGIBLE INDIVIDUALS.

SEC. 118. CERTIFICATES OF CONTINUING ELIGIBILITY.

Subtitle B--Federal Service Delivery System

SEC. 121. FEDERAL REEMPLOYMENT UNIT.

SEC. 122. NATIONAL DISCRETIONARY GRANT PROGRAM.

SEC. 123. DISASTER RELIEF EMPLOYMENT ASSISTANCE.

SEC. 124. EVALUATION, RESEARCH, AND DEMONSTRATIONS.

SEC. 125. CAPACITY BUILDING AND TECHNICAL ASSISTANCE.

SEC. 126. FEDERAL BYPASS AUTHORITY.

Subtitle C--Performance Standards and Quality Assurance Systems

SEC. 131. PERFORMANCE STANDARDS.

SEC. 132. CUSTOMER FEEDBACK.

SEC. 133. ELIGIBILITY REQUIREMENTS FOR PROVIDERS OF EDUCATION AND TRAINING SERVICES.

Subtitle D--Program Requirements

SEC. 141. GENERAL REQUIREMENTS.

SEC. 142. BENEFITS.

SEC. 143. LABOR STANDARDS.

SEC. 144. GRIEVANCE PROCEDURE.

Subtitle E--Fiscal Administrative Provisions

SEC. 151. PROGRAM YEAR.

SEC. 152. PROMPT ALLOCATION OF FUNDS.

SEC. 153. MONITORING.

SEC. 154. FISCAL CONTROLS AND SANCTIONS.

SEC. 155. REPORTS, RECORDKEEPING, AND INVESTIGATIONS.

SEC. 156. ADMINISTRATIVE ADJUDICATION.

SEC. 157. NONDISCRIMINATION.

SEC. 158. JUDICIAL REVIEW.

SEC. 159. ADMINISTRATIVE PROVISIONS.

SEC. 160. OBLIGATIONAL AUTHORITY.

Subtitle F--Consolidation Provisions

SEC. 171. REPEALERS.

SEC. 172. CONFORMING AMENDMENTS.

SEC. 173. TRANSITION.

TITLE II--ONE-STOP CAREER SYSTEM FOR EMPLOYMENT AND TRAINING

SEC. 201. PURPOSE.

Subtitle A--Basic System Components

SEC. 211. GENERAL REQUIREMENTS.

SEC. 212. INTEGRATION OF EMPLOYMENT AND TRAINING PROGRAMS COMPONENT.

SEC. 213. CUSTOMER CHOICE COMPONENT.

SEC. 214. UNIVERSAL ACCESS COMPONENT.

SEC. 215. ACCOUNTABILITY COMPONENT.

H.R. 5166 (103^rd): Reemployment Act of 1994