[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5166 Introduced in House (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
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.
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.
(C) Allotment percentage.--
(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).
(c) Reservations for State Activities.--
(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.
(c) Method of Reallotment.--
(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;
(C) State labor federations;
(D) State-level general purpose business
organizations;
(E) the agency responsible for the Bureau of Labor
Statistics Federal/State cooperative program and the
State Occupational 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
(C) provide advice and leadership to the committee
and prepare a report on its activities.
(4) A formal agreement, terminated at will by the workers
or management, and terminated for cause by the Governor.
(e) Coverage of Layoffs.--The Governor shall, to the extent
practicable, authorize the provision of the rapid response activities
described in subsection (b)(1) to layoffs of less than 50 workers if
such layoffs are determined by the Governor to have a significant
adverse economic 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;
(C) carries out the cooperative agreements
authorized in section 303;
(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
(C) to conduct statewide, regional, or industry-
wide projects.
(2) Eligible entities.--The following entities shall be
eligible to receive grants under paragraph (1):
(A) Substate grantees.
(B) Employers and employer associations, including
private industry councils.
(C) Transition assistance committees and other
employer-employee entities.
(D) Labor organizations.
(E) Industry consortia.
(F) Appropriate State agencies.
(G) Community-based organizations.
(H) Institutions of higher education.
(I) Entities providing adult education, as defined
in section 312(2) of the Adult 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.
(c) Use of Amounts.--
(1) In general.--An eligible entity shall use amounts
received from a grant under subsection (a) to carry out 1 or
more of the following activities 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
(C) the geographic boundaries of labor market areas
within the State.
(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.);
(C) private nonprofit organizations;
(D) units of general local government in the
substate area or agencies of such units;
(E) local offices of State agencies;
(F) other public agencies, such as community
colleges and area vocational schools; and
(G) consortia of the entities described in
subparagraphs (A) through (F).
(c) Functions of Substate Grantees.--
(1) In general.--A substate grantee 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;
(C) conduct oversight and monitoring of the program
carried out within the substate area; and
(D) prepare and make publicly available a biennial
written plan describing the objectives to be
accomplished and the activities to be 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.
(c) Intensive Reemployment Services.--
(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.
(C) Relocation allowances.
(D) Follow-up counseling for individuals placed in
training or employment.
(3) Reemployment plan.--
(A) Joint development.--The individual reemployment
plan described in paragraph (1)(B) shall be developed
jointly by the eligible individual and a career
counselor. Both parties shall sign the plan and
periodically review the progress of the individual in
achieving the 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;
(C) a description of the education and training
courses available from such service providers; and
(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.
(C) Employers and employer associations, including
private industry councils.
(D) Transition assistance committees and other
employer-employee entities.
(E) Labor organizations.
(F) Industry consortia.
(G) Appropriate State agencies.
(H) Community-based organizations.
(I) Institutions of higher education.
(J) Native American tribal entities eligible to
receive assistance under section 401 of the Job
Training Partnership Act.
(K) Entities eligible to receive assistance under
section 402 of the Job Training 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;
(C) dislocations caused by Federal actions,
including--
(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;
(C) the location of the affected facilities; and
(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.
(c) Demonstrations.--
(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.
(c) Failure To Meet Standards.--
(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.
(c) Performance-Based Information.--
(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.
(C) Enforcement procedures.--
(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.
(C) On-the-job training contracts.--
(i) Contents and requirements.--Each on-
the-job training contract shall--
(I) specify the types and duration
of on-the-job training and the other
services to be provided in sufficient
detail to allow for a fair analysis of
the reasonableness of proposed costs;
and
(II) comply with the applicable
requirements of section 154.
(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.
(C) Income described.--For purposes of this
paragraph, the term ``income'' shall include--
(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
(C) the prevailing rates of pay for individuals
employed in similar occupations by the same employer.
(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.
(c) Impairment of Contracts or Collective Bargaining Agreements.--A
program under this title shall not impair--
(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
(C) appropriate equitable relief (other than back
pay).
(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
(C) reestablishment of other relevant terms,
conditions, and privileges of employment.
(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;
(C) procurements shall include an appropriate
analysis of the reasonableness of costs and prices;
(D) procurements shall not provide excess program
income (for nonprofit and 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
(C) the State has taken appropriate action to
secure compliance pursuant to paragraph (5).
(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;
(C) merging the substate area into 1 or more other
existing substate areas; or
(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.
(C) Section 121 of such Act (29 U.S.C. 1531) is
amended--
(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
(C) unified and linked computer systems, including
uniform management information systems; 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.
(C) Coordinated employability development teams.
(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.
(C) Mobile units and satellite offices.
(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
(C) the results of the receipt by individuals of
such services.
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
(C) include any such comments in the application in
accordance with subsection (b)(5).
(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.
(c) State Plan.--A State plan referred to in subsection (b)(1)
shall--
(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.
(c) Actions.--
(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.
(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.
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.
(c) Contents.--Such application shall include--
(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;
(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 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.
(c) Actions.--
(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;
(C) the geographic boundaries of labor market areas
within the State; and
(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.
(c) Designation of Administrative Entities.--
(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.);
(C) a community-based organization;
(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.
(C) Subject to paragraph (3), assistance in filing
an initial claim for unemployment compensation.
(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.
(c) Specialized Employer Services.--
(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.
(C) Analysis of the employer's workforce skill
needs.
(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;
(C) economic development needs of the State; and
(D) the type and availability of Federal and State
employment and training programs in the State;
(2) providing advice to the Governor on the 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.
(c) SESA Real Property.--
(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;
(C) if the State waives, or agrees to waive,
similar requirements of State law; and
(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).
(c) Included Programs.--
(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.).
(C) Part B of title IV of such Act (29 U.S.C. 1691
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).
(C) Circular A-122 (relating to non-profit
organizations).
(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.);
(C) the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.); or
(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;
(C) cross training of staff for joint service
delivery;
(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
(C) the types of services to be provided.
(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.
(c) Office of Labor Market Information.--
(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
(C) ensure that--
(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;
(C) job openings, job locations, hiring
requirements and application procedures;
(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.
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