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| JOB TRAINING PARTNERSHIP ACT |
As amended by the Job Training Reform Amendments of 1992 and the School-to-Work Opportunities Act of 1994
SECTION 1. SHORT TITLE. This Act may be cited as the "Job Training Partnership Act".
Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
Sec. 101. Establishment of service delivery areas.
Sec. 102. Establishment of private industry councils.
Sec. 103. Functions of private industry council.
Sec. 104. Job training plan.
Sec. 105. Review and approval of plan.
Sec. 106. Performance standards.
Sec. 107. Selection of service providers.
Sec. 108. Limitation on certain costs.
Sec. 109. Recapture and reallotment of unobligated funds
Sec. 121. Governor's coordination and special services plan.
Sec. 122. State job training coordinating council.
Sec. 123. State education coordination and grants.
Sec. 124. Identification of additional imposed requirements.
Sec. 125. State labor market information programs.
Sec. 126. Authority of State legislature.
Sec. 127. Interstate agreements.
Sec. 141. General program requirements.
Sec. 142 Benefits.
Sec. 143. Labor standards.
Sec. 144. Grievance procedure.
Sec. 145. Prohibition against Federal control of education.
Sec. 161. Program year.
Sec. 162. Prompt allocation of funds.
Sec. 163. Monitoring.
Sec. 164. Fiscal controls; sanctions.
Sec. 165. Reports, recordkeeping, and investigations.
Sec. 166. Administrative adjudication.
Sec. 167. Nondiscrimination.
Sec. 168. Judicial review.
Sec. 169. Administrative provisions.
Sec. 170. Utilization of services and facilities.
Sec. 171. Obligational authority.
Sec. 172. Presidential awards for outstanding private sector involvement in job training programs.
Sec. 173. Construction.
Sec. 182. Criminal provisions.
Sec. 183. Reference.
Sec. 184. Repealers.
Sec. 201. Statement of purpose.
Sec. 202. Allotment and allocation.
Sec. 203. Eligibility for services.
Sec. 204. Program design.
Sec. 205. Linkages.
Sec. 206. Transfer of funds.
Sec. 251. Purpose.
Sec. 252. Authorization of appropriations; allotment and allocation.
Sec. 253. Use of funds.
Sec. 254. Limitations.
Sec. 255. Applicable provisions.
Sec. 256. Transfer of funds.
Sec. 261. Statement of purpose.
Sec. 262. Allotment and allocation.
Sec. 263. Eligibility for services.
Sec. 264. Program design.
Sec. 265. Linkages.
Sec. 266. Transfer of funds.
Sec. 301. Definitions
Sec. 302. Allotment
Sec. 303. Recapture and reallotment of unexpended finds.
Sec. 311. State plan.
Sec. 312. Substate grantees.
Sec. 313. Substate plan.
Sec. 314. Use of funds; services to be provided.
Sec. 315. Limitations on uses of funds.
Sec. 316. Retraining services availability.
Sec. 317. Functions of State job training coordinating council.
Sec. 321. Federal administration.
Sec. 322. Federal delivery of dislocated worker services.
Sec. 323. Allowable activities.
Sec. 324. Demonstration programs.
Sec. 325. Defense conversion adjustment program.
Sec. 326. Clean Air Employment Transition Assistance.
Sec. 401. Native american programs.
Sec. 402. Migrant and seasonal farmworker programs.
Sec. 403. Grant procedures.
Sec. 421. Statement of purpose.
Sec. 422. Establishment of the job corps.
Sec. 423. Individuals eligible for the job corps.
Sec. 424. Screening and selection of applicants: general provisions.
Sec. 425. Screening and selection: special limitations.
Sec. 426. Enrollment and assignment.
Sec. 427. Job corps centers.
Sec. 428. Program activities.
Sec. 429. Allowances and support.
Sec. 430. Standards of conduct.
Sec. 431. Community participation.
Sec. 432. Counseling and job placement.
Sec. 433. Experimental and developmental projects and coordination with other programs.
Sec. 433A. Job corps centers for homeless families.
Sec. 434. Advisory boards and committees.
Sec. 435. Participation of the States.
Sec. 436. Application of provisions of Federal law.
Sec. 437. Special provisions.
Sec. 438. General provisions.
Sec. 439. Donations.
Sec. 441. Programs authorized.
Sec. 451. National partnership and special training programs.
Sec. 452. Research, demonstration, and evaluation.
Sec. 453. Capacity building, information, dissemination, and replication activities.
Sec. 454. Guidance and technical assistance.
Sec. 455. Uniform requirements.
Sec. 456. Nontraditional employment demonstration program.
Sec. 461. Labor market information; availability of funds
Sec. 462. Cooperative labor market information program.
Sec. 463. Special Federal responsibilities.
Sec. 464. National occupational information coordinating committee.
Sec. 465. Job bank program.
Sec. 471. Statement of purpose.
Sec. 472. Commission established.
Sec. 473. Functions of the commission.
Sec. 474. Administrative provisions.
Sec. 475. Reports.
Sec. 481. Affirmative action.
Sec. 491. Statement of purpose.
Sec. 492. Program authorized.
Sec. 493. Application.
Sec. 494. Grant agreement.
Sec. 495. Job guarantees.
Sec. 496. Payments; federal share.
Sec. 497. Reporting.
Sec. 498. Federal responsibilities.
Sec. 498A. Definitions.
Sec. 499. Microenterprise grants.
Sec. 499A. General authority.
Sec. 499B. Use of funds.
Sec. 499C. Definitions.
Sec. 501. Statement of purpose.
Sec. 502. Payments.
Sec. 503. Amount of incentive bonus.
Sec. 504. Use of incentive bonus funds.
Sec. 505. Notice and application.
Sec. 506. Eligibility for incentive bonuses.
Sec. 507. Information and data collection.
Sec. 508. Evaluation and report.
Sec. 509. Implementing regulations.
Sec. 601. Amendments to the Wagner-Peyser Act.
Sec. 602. Amendments to part C of title IV of the Social Security Act.
Sec. 603. Earnings disregard.
Sec. 604. Enforcement of Military Selective Service Act.
Sec. 605. State job bank systems.
Sec. 701. Establishment and functions.
Sec. 702. Composition.
Sec. 703. Administration.
Sec. 2. It is the purpose of this Act to establish programs to prepare youth and adults facing serious barriers to employment for participation in the labor force by providing job training and other services that will result in increased employment and earnings, increased educational and occupational skills, and decreased welfare dependency, thereby improving the quality of the work force and enhancing the productivity and competitiveness of the Nation.
Sec. 3.(a)(1) There are authorized to be appropriated to carry out parts A and C of title II such sums as may be necessary for fiscal year 1993 and for each succeeding fiscal year. Of the sums appropriated to carry out parts A and C of title II for each such fiscal year, an amount not less than 40 percent of such sums shall be made available to carry out part A of such title and an amount not less than 40 percent of such sums shall be made available to carry out part C of such title.
(2) There are authorized to be appropriated to carry out part B of title II such sums as may be necessary for fiscal year 1993 and for each succeeding fiscal year.
(b) There are authorized to be appropriated to carry out title III--
(1) $980,000,000 for fiscal year 1989; and
(2) such sums as may be necessary for each succeeding fiscal year.
(c)(1) There are authorized to be appropriated to carry out parts A, C, D, E, F, and G of title IV for fiscal year 1993 and each succeeding fiscal year an amount equal to not more than 7 percent of the total amounts appropriated to carry out this Act for such fiscal year.
(2) From the amount appropriated under paragraph (1) for any fiscal year, the Secretary shall--
(A) shall first reserve--
(i) an amount of not less than 3.3 percent of the amount available for parts A and C of title II for such fiscal year to carry out section 401; and
(ii) an amount not less than 3.2 percent of the amount available for parts A and C of title II for such fiscal year to carry out section 402; and
(B) after making such reservations, shall reserve--
(i) an amount equal to 7 percent of the amount appropriated under paragraph (1) to carry out part C of title IV;
(ii) $15,000,000 to carry out section 453, of which--
(I) not less than 20 percent shall be used to carry out section 453(b);
(II) not less than 20 percent shall be used to carry out section 453(c); and
(III) $1,000,000 shall be used to carry out section 453(d);
(iii) $6,000,000 to carry out subsections (e) and (f) of section 462; and
(iv) $2,000,000 to carry out part F of title IV.
(3) There are authorized to be appropriated to carry out part H of title IV $100,000,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994 through 1997.
(4) There are authorized to be appropriated to carry out part I of title IV $5,000,000 for each of the fiscal years 1993 through 1997.
(5) There are authorized to be appropriated to carry out part J of title IV, $15,000,000 for fiscal year 1993 and such sums as may be necessary for each succeeding fiscal year.
(d) There are authorized to be appropriated $618,000,000 for fiscal year 1983, and such sums as may be necessary for each succeeding fiscal year, to carry out part B of title IV of this Act.
(e)(1) There are authorized to be appropriated for each of fiscal years 1990 through 1996 such sums as may be necessary to carry out title V.
(2) No funds appropriated pursuant to this Act may be used to carry out such title for any fiscal year unless funds appropriated to carry out part A of title II exceed any change in the consumer price index from the amounts appropriated for the previous fiscal year to carry out such part.
(3) From the amounts authorized to be appropriated for title V pursuant to paragraph (1), not more that $5,000,000 may be used for purposes of section 510 of such title.
(f) The authorizations of appropriations contained in this section are subject to the program year provisions of section 161.
Sec. 4. For the purpose of this Act, the following definitions apply:
(1) The term "academic credit" means credit for education, training, or work experience applicable toward a secondary school diploma, a postsecondary degree, or an accredited certificate of completion, consistent with applicable State law and regulation and the requirements of an accredited educational agency or institution of the State
(2) The term "administrative entity" means the entity designated to administer a job training plan under section 103(b)(1)(B).
(3) The term "area of substantial unemployment" means any area of sufficient size and scope to sustain a program under part A and C of title II of this Act and which has an average rate of unemployment of at least 6.5 percent for the most recent twelve months as determined by the Secretary. Determinations of areas of substantial unemployment shall be made once each fiscal year.
(4) The term "chief elected official" includes--
(A) in the case of a State, the Governor;
(B) in the District of Columbia, the mayor; and
(C) in the case of a service delivery area designated under section 101(a)(4)(A)(iii), the governing body.
(5) The term "community-based organizations" means private nonprofit organizations which are representative of communities or significant segments of communities and which provide job training services (for example, Opportunities Industrialization Centers, the National Urban League, SER-Jobs for Progress, United Way of America, Mainstream, the National Puerto Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, the Association of Farmworker Opportunity Programs, the Center for Employment Training, literacy organizations, agencies or organizations serving older individuals, organizations that provide service opportunities, youth corps programs, organizations operating career intern programs, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the Rehabilitation Act of 1973), agencies serving youth, agencies serving individuals with disabilities, including disabled veterans, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations, and organizations serving nonreservation Indians, as well as tribal governments and Native Alaskan groups.
(6) Except as otherwise provided therein, the term "council" means the private industry council established under section 102.
(7) The term "economic development agencies" includes local planning and zoning commissions or boards, community development agencies, and other local agencies and institutions responsible for regulating, promoting, or assisting in local economic development.
(8) The term "economically disadvantaged" means an individual who (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State, or local welfare program; (B) has, or is member of a family which has, received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), or (ii) 70 percent of the lower living standard income level; (C) is receiving (or has been determined within the 6-month period prior to the application for the program involved to be eligible to receive) food stamps pursuant to the Food Stamp Act of 1977; (D) qualified as a homeless individual under section 103 of the Stewart B. McKinney Homeless Assistance Act; (E) is a foster child on behalf of whom State or local government payments are made or (F) in cases permitted by regulations of the Secretary, is an individual with a disability whose income meets the requirements of clause (A) or (B), but who is a member of a family whose income does not meet such requirements.
(9) The term "Governor" means the chief executive of any State.
(10)(A) The term "individual with a disability" means any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment with "individual with a disability".
(B) The term "individuals with disabilities" means more than one individual with a disability.
(11) The term "Hawaiian native" means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
(12) The term "institution of higher education" means any institution of higher education as that term is defined in section 1201(a) of the Higher Education Act of 1965.
(13) The term "labor market area" means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor.
(14) The term "local educational agency" means such an agency as defined in section 521(22) of the Carl D. Perkins Vocational Education Act.
(15) The term "low-income level" mean $7,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
(16) The term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural difference and family size) determined annually by the Secretary based on the most recent "lower living family budget" issued by the Secretary.
(17) The term "offender" means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom services under this Act may be beneficial or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction.
(18) The term "postsecondary institution" means an institution of higher education as that term is defined in section 481(as)(1) of the Higher Education Act of 1965.
(19) The term "private sector" means, for purposes of the State job training councils and private industry councils, persons who are owners, chief executives or chief operating officers of private for-profit employers and major nongovernmental employers, such as health and educational institutions or other executives of such employers who have substantial management or policy responsibility.
(20) The term "public assistance" means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test.
(21) The term "Secretary" means the Secretary of Labor.
(22) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, The Northern Mariana Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau.
(23) The term "State educational agency" means such an agency as defined in section 1471(23) of the Elementary and Secondary Education Act of 1965.
(24) The term "supportive services" means services which are necessary to enable an individual eligible for training under this Act, but who cannot afford to pay for such services, to participate in a training program funded under this Act. Such supportive services may include transportation, health care, financial assistance (except as a post-termination service), drug and alcohol abuse counseling and referral, individual and family counseling, special services and materials for individuals with disabilities, job coaches, child care and dependent care, meals, temporary shelter, financial counseling, and other reasonable expenses required for participation in the training program and may be provided in-kind or through cash assistance.
(25) The term "unemployed individuals" means individuals who are without jobs and who want and are available for work. The determination of whether individuals are without jobs shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed.
(26) 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.
(27)(A) The term "veteran" means an individual who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.
(B) The term "disabled veteran" means (i) a veteran who is entitled to compensation under laws administered by the Veterans' Administration, or (ii) an individual who was discharged or released from active duty because of service-connected disability.
(C) The term "recently separated veteran" means any veteran who applies for participation under any title of this Act within 48 months of the discharge or release from active military, naval, or air service.
(D) The term "Vietnam era veteran" means a veteran any part of whose active military service occurred between August 5, 1964, and May 7, 1975.
(28) The term "vocational education" has the meaning provided in section 521(41) of the Carl D. Perkins Vocational Education Act.
(29) The term "displaced homemaker" means an individual who has been providing unpaid service to family members in the home and who--
(A) has been dependent either--
(i) on public assistance and whose youngest child is within 2 years of losing eligibility under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or
(ii) on the income of another family member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(30) 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.
(31) The term "basic skills deficient" means, with respect to an individual, that the individual has English reading or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test.
(32) The term "case management" means the provision of a client-centered approach designed to--
(A) prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to the necessary training and support services using, where feasible, computer-based technologies; and
(B) provide job and career counseling during program participation and after job placement.
(33) The term "citizenship skills" means skills and qualities, such as teamwork, problem-solving ability, self-esteem, initiative, leadership, commitment to life-long learning, and an ethic of civic responsibility, that are characteristic of productive workers and good citizens.
(34) The term "family" means two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following categories:
(A) A husband, wife, and dependent children.
(B) A parent or guardian and dependent children.
(C) A husband and wife.
(35) The term "hard-to-serve individual" means an individual who is included in one or more of the categories described in section 203(a)(2) or subsection (b) or (d) of section 263.
(36) The term "JOBS" means the Job Opportunities and Basic Skills Training Program authorized under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.).
(37) The term "participant" means an individual who has been determined to be eligible to participate in and who is receiving services (except post-termination services authorized under sections 204(c)(4) and 264(d)(5) and followup services authorized under section 253(d)) under a program authorized by this Act. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the participant began receiving subsidized employment, training, or services provided under this Act.
(38) The term "school dropout" means an individual who is no longer attending any school and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma.
(39) The term "termination" means the separation of a participant who is no longer receiving services (except post-termination services authorized under sections 204(c)(4) and 264(d)(5) and followup services authorized under section 253(d)) under a program authorized by this Act.
(40) The term "youth corps program" means a program, such as a conservation corps or youth service program, that offers productive work with visible community benefits in a natural resource or human service setting and that gives participants a mix of work experience, basic and life skills, education, training, and support services.
Sec. 101.(a)(1) The Governor shall, after receiving the proposal of the State job training coordinating council, publish a proposed designation of service delivery areas for the State each of which--
(A) is comprised of the State or one or more units of general local government;
(B) will promote effective delivery of job training services; and
(C)(i) is consistent with labor market areas or standard metropolitan statistical areas, but this clause shall not be construed to require designation of an entire labor market area; or
(ii) is consistent with areas in which related services are provided under other State or Federal programs.
(2) The Council shall include in its proposal a written explanation of the reasons for designating each service delivery area.
(3) Units of general local government (and combinations thereof), business organizations, and other affected persons or organizations shall be given an opportunity to comment on the proposed designation of service delivery areas and to request revisions thereof.
(4)(A) The Governor shall approve any request to be a service delivery area from--
(i) any unit of general local government with a population of 200,000 or more;
(ii) any consortium of contiguous units of general local government with an aggregate population of 200,000 or more which serves a substantial part of one or more labor market areas; and
(iii) any concentrated employment program grantee for a rural area which served as a prime sponsor under the Comprehensive Employment and Training Act.
(B) The Governor may approve a request to be a service delivery 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.
(C) If the Governor denies a request submitted under subparagraph (A) and the entity making such request alleges that the decision of the Governor is contrary to the provisions of this section, such entity may appeal the decision to the Secretary, who shall make a final decision within 30 days after such appeal is received.
(b) The Governor shall make a final designation of service delivery areas within the State. Before making a final designation of service delivery areas for the State, the Governor shall review the comments submitted under subsection (a)(3) and requests submitted under subsection (a)(4).
(c)(1) In accordance with subsection (a), the Governor may redesignate service delivery areas no more frequently than every two years , except as provided for in sections 106(j)(4)(B) and 164(b)(1)(B). Such redesignations shall be made not later than 4 months before the beginning of a program year.
(2) Subject to paragraph (1), the Governor shall make such a redesignation if a petition to do so is filed by an entity specified in subsection (a)(4)(A).
(3) The provisions of the subsection are subject to section 105(c).
Sec. 102.(a) There shall be a private industry council for every service delivery area established under section 101, to be selected in accordance with this subsection. Each council shall consist of--
(1) representatives of the private sector, who shall constitute a majority of the membership of the council and who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector executives who have substantial management or policy responsibility;
(2) representatives of organized labor and community-based organizations, who shall constitute not less than 15 percent of the membership of the council; and
(3) representatives of each of the following--
(A) Educational agencies (which agencies shall be representative of all educational agencies in the service delivery area).
(B) Vocational rehabilitation agencies.
(C) Public assistance agencies.
(D) Economic development agencies.
(E) The public employment service.
(b) The Chairman of the council shall be selected from among members of the council who are representatives of the private sector.
(c)(1)(A) Private sector representatives on the council shall be selected from among individuals nominated by general purpose business organizations after consulting with, and receiving recommendations from, other business organizations in the service delivery area. The number of such nominations shall be at least 150 percent of the number of individuals to be appointed under subsection (a)(1). Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demographic composition of the business community. Whenever possible, at least one-half of such business and industry representatives shall be representatives of small business, including minority business.
(B) For the purpose of this paragraph, the term--
(i) "general purpose business organizations" means organizations which admit to membership any for-profit business operating within the service delivery area; and
(ii) "small business" means private for-profit enterprises employing 500 or fewer employees.
(2) The education representatives on the council shall be selected from among individuals nominated by regional or local educational agencies, vocational education institutions, institutions of higher education (including entities offering adult education) or general organizations of such schools and institutions, within the service delivery area.
(3) The labor representatives on the council shall be selected from individuals recommended by recognized State and local labor federations. If the State of local labor federation fails to nominate a sufficient number of individuals to meet the labor representation requirements for subsection (a)(2), individual workers may be included on the council to complete labor representation.
(4) The remaining members of the council shall be selected from individuals recommended by interested organizations.
(d)(1) In any case in which there is only one unit of general local government with experience in administering job training programs within the service delivery area, the chief elected official of that unit shall appoint members to the council from the individuals nominated or recommended under subsection (c).
(2) In any case in which there are two or more units of general local government in the service delivery area, the chief elected officials of such units shall appoint members to the council from the individuals so nominated or recommended in accordance with an agreement entered into by such units of general local government. In the absence of such an agreement, the appointments shall be made by the Governor from the individuals so nominated or recommended.
(e) The initial number of members of the council shall be determined--
(1) by the chief elected official in the case described in subsection (d)(1),
(2) by the chief elected officials in accordance with the agreement in the case described in subsection (d)(2), or
(3) by the Governor in the absence of such agreement.
Thereafter, the number of members of the council shall be determined by the council.
(f) Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Any vacancy in the membership of the council shall be filled in the same manner as the original appointment. Any member of the council may be removed for cause in accordance with procedures established by the council.
(g) The Governor shall certify a private industry council if the Governor determines that its composition and appointments are consistent with the provisions of this subsection. Such certification shall be made or denied within 30 days after the date on which a list of members and necessary supporting documentation are submitted to the Governor. When the Governor certifies the council, it shall be convened within 30 days by the official or officials who made the appointments to such council under subsection (d).
(h) In any case in which the service delivery area is a State, the State job training coordinating council or a portion of such council may be reconstituted to meet the requirements of this section.
Sec. 103.(a) It shall be the responsibility of the private industry council to provide guidance for, and exercise oversight with respect to, activities under the job training plan for its service delivery area in partnership with the unit or units of general local government within its service delivery area.
(b)(1) The council, in accordance with an agreement or agreements with the appropriate chief elected official or officials specified in subsection (c), shall-
(A) determine procedures for the development of the job training plan, which may provide for the preparation of all or any part of the plan (i) by the council, (ii) by any unit of general local government in the service delivery area, or by an agency thereof, or (iii) by such other methods or institutions as may be provided in such agreement; and
(B) select as a grant recipient and entity to administer the job training plan (which may be separate entities), (i) the council, (ii) a unit of general local government in its service delivery area, or agency thereof, (iii) a nonprofit private organization or corporation, or (iv) any other agreed upon entity or entities.
(2) The council is authorized to provide oversight of the programs conducted under the job training plan in accordance with procedures established by the council. In order to carry out this paragraph, the council shall have access to such information concerning the operations of such programs as necessary.
(c) For purposes of subsection (b), the appropriate chief elected official or officials means--
(1) the chief elected official of the sole unit of general local government in the service delivery area,
(2) the individual or individuals selected by the chief elected officials of all units of general local government in such area as their authorized representative, or
(3) in the case of a service delivery area designated under section 101(a)(4)(A)(iii), the representative of the chief elected official for such area (as defined in section 4(4)(C)).
(d) No job training plan prepared under section 104 may be submitted to the Governor unless (1) the plan has been approved by the council and by the appropriate chief elected official or officials specified in subsection (c), and (2) the plan is submitted jointly by the council and such official or officials.
(e) In order to carry out its functions under this Act, the council--
(1) shall, in accordance with the job training plan, prepare and approve a budget for itself, and
(2) may hire staff, incorporate, and solicit and accept contributions and grant funds (from other public and private sources).
(f) As used in this section, the term "oversight" means reviewing, monitoring, and evaluating.
Sec. 104.(a) No funds appropriated under title II for any fiscal year may be provided to any service delivery area under this Act except pursuant to a job training plan for two program years which is prepared in accordance with section 103 and which meets the requirements of this section.
(b) Each job training plan for the programs conducted under title II shall contain--
(1) an identification of the entity which will administer the program and be the grant recipient of funds from the State;
(2) if there is more than one service delivery area in a single labor market area, provisions for coordinating particular aspects of the service delivery area program with other programs and service providers in the labor market area, including provisions for--
(A) assessing needs and problems in the labor market that form the basis for program planning;
(B) ensuring access by program participants in each service delivery area to skills training and employment opportunities throughout the entire labor market;
(C) coordinating or joint implementing job development, placement, and other employer outreach activities; and
(D) entering into agreements and contracts, established pursuant to section 141(e)(2), between service delivery areas to pay or share the cost of services;
(3) a description of methods of complying with the coordination criteria contained in the Governor's coordination and special services plan;
(4) a description of linkages established with appropriate agencies, pursuant to sections 205 and 265, designed to enhance the provision of services and avoid duplication, including--
(A) agreements with appropriate educational agencies;
(B) arrangements with other education, training, and employment programs authorized by Federal law;
(C) if appropriate, joint programs in which activities supported with assistance under this Act are coordinated with activities (such as service opportunities and youth corps programs) supported with assistance made available under the National and Community Service Act of 1990 (42 U.S.C. 12501 et esq.); and
(D) efforts to ensure the effective delivery of services to participants in coordination with local welfare agencies and other local agencies, community-based organizations, volunteer groups, business and labor organizations, and other training, education, employment, and social service programs;
(5) goals and objectives for the programs including--
(A) a description of the manner in which the program will contribute to the economic self-sufficiency of participants, and the productivity of the local area and the Nation; and
(B) performance standards established in accordance with standards prescribed under section 106;
(6) procedures for identifying and selecting participants, including--
(A) goals for the training and placement of hard-to-serve individuals, and a description of efforts to be undertaken to accomplish such goals;
(B) outreach efforts to recruit and expand awareness of training and placement opportunities for targeted individuals; and
(C) types of services to be provided to address the special needs of such individuals;
(7)(A) goals for--
(i) the training of women in nontraditional employment; and
(ii) the training-related placement of women in nontraditional employment and apprenticeships; and
(B) a description of efforts to be undertaken to accomplish the goals described in subparagraph (A), including efforts to increase awareness of such training and placement opportunities;
(8) adult and youth program budgets for 2 program years and any proposed expenditures for the succeeding 2 program years;
(9) a description of--
(A) the assessment process that will identify participant skill levels;
(B) the process for providing information and referrals for applicants and participants relating to appropriate programs and service providers;
(C) the services to be provided, including the means for involving labor organizations and community-based organizations in the provision of services, the estimated duration of service, and the estimated training cost participant;
(D) the competency levels to be achieved by participants as a result of program participation; and
(E) the procedures for evaluating the progress of participants in achieving competencies;
(10) a description of the procedures and methods of carrying out title V, where applicable, relating to incentive bonus payments for the placement of individuals eligible under such title;
(11) procedures, consistent with sections 107 and 164, for selecting service providers, which procedures shall take into account--
(A) past performance of the providers regarding--
(i) job training, basic skills training, or related activities;
(ii) fiscal accountability; and
(iii) ability to meet performance standards; and
(B) the ability of the providers to provide services that can lead to achievement of competency standards for participants with identified deficiencies;
(12) fiscal control (including procurement, monitoring, and management information systems requirements), accounting, audit, and debt collection procedures, consistent with section 164, to assure the proper disbursal of, and accounting for, funds received under title II; and
(13) procedures for the preparation and submission of an annual report to the Governor, which report shall include--
(A) a description of activities conducted during the program year;
(B) characteristics of participants;
(C) information on the extent to which applicable performance standards were met;
(D) information on the extent to which the service delivery area has met the goals of the area for the training and training-related placement of women in nontraditional employment and apprenticeships; and
(E) a statistical breakdown of women trained and placed in nontraditional occupations, including information regarding--
(i) the type of training received, by occupation;
(ii) whether the participant was placed in a job or apprenticeship, and, if so, the occupation and wage at placement;
(iii) the age of the participant;
(iv) the race of the participant; and
(v) retention of the participant in nontraditional employment.
(c) If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official or officials (as described in section 103(c)) shall submit a modification of such plan (including modification of the budget under subsection (b)(6) Note: should read (8)), which shall be subject to review in accordance with section 105.
Sec. 105.(a)(1) Not less than 120 days before the beginning of the first of the two program years covered by the job training plan--
(A) the proposed plan or summary thereof shall be published; and
(B) such plan shall be made available for review and comments to--
(i) each house of the State legislature for appropriate referral;
(ii) appropriate community based organizations and local educational and other public agencies in the service delivery area; and
(iii) labor organizations in the area which represent employees having the skills in which training is proposed; and
(C) such plan shall be reasonably available to the general public through such means as public hearings and local news facilities.
(2) The final plan, of a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to the Governor in accordance with section 103(d)(2). Any modification shall be published not later than 80 days before it is effective and shall be submitted to the Governor in accordance with such section.
(b)(1) The Governor shall approve the job training plan or modification thereof unless he finds that--
(A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway;
(B) the entity proposed to administer the program does not have the capacity to administer the funds;
(C) there are inadequate safeguards for the protection of funds received;
(D) the plan (or modification) does not comply with a particular provision or provisions of this Act or of regulations of the Secretary under this Act; or
(E) the plan (or modification) does not comply with the criteria under sections 121(b), 205, and 265 for coordinating activities under this Act with related program activities.
(2) The Governor shall approve or disapprove a job training plan (or modification) within 30 days after the date that the plan (or modification) is submitted, except that if a petition is filed under paragraph (3) such period shall be extended to 45 days. Any disapproval by the Governor may be appealed to the Secretary, who shall make a final decision of whether the Governor's disapproval complies with paragraph (1) of this subsection within 45 days after receipt of the appeal.
(3)(A) Interested parties may petition the Governor within 15 days of the date of submission for disapproval of the plan or modification thereof if--
(i) the party can demonstrate that it represents a substantial client interest,
(ii) the party took appropriate steps to present its views and seek resolution of disputed issues prior to submission of the plan to the Governor, and
(iii) the request for disapproval is based on a violation of the statutory requirements.
(B) If the Governor approves the plan (or modification), the Governor shall notify the petitioner in writing of such decision and the reasons therefor.
(c)(1) If a private industry council and the appropriate chief elected official or officials fail to reach the agreement required under section 103(b) or (d) and, as a consequence, funds for a service delivery area may not be available under section 104, then the Governor shall redesignate, without regard to sections 101(a)(4) and (c)(1), the service delivery areas in the State to merge the affected area into one or more other service delivery areas, in order to promote the reaching of agreement.
(2) In any State in which service delivery areas are redesignated under paragraph (1), private industry councils shall, to the extent necessary for the redesignation, be reconstituted and job training plans modified as required to comply with section 102 and 103. Services under an approved plan shall not be suspended while the council is reconstituted and the plan is modified.
(d) In any case in which the service delivery area is a State, the plan (or modification) shall be submitted to the Secretary for approval. For the purpose of this subsection, the Secretary shall have the same authority as the Governor has under this section.
Sec. 106.(a) FINDINGS.--The Congress recognizes that job training is an investment in human capital and not an expense. In order to determine whether that investment has been productive, the Congress finds that--
(1) it is essential that criteria for measuring the return on this investment be developed; and
(2) the basic return on the investment is to be measured by long-term economic self-sufficiency, increased employment and earnings, reductions in welfare dependency, and increased educational attainment and occupational skills.
(b) TITLE II PERFORMANCE STANDARDS.--
(1) GENERAL OBJECTIVE.--In prescribing performance standards for programs under parts A and C of title II, the Secretary shall ensure that States and service delivery areas will make efforts to increase services and positive outcomes for hard-to-serve individuals.
(2) ACHIEVEMENT OF BASIC MEASURES.--In order to determine whether the basic measures described in subsection (a) are achieved for programs under parts A and C of title II, the Secretary, in consultation with the Secretary of Education and the Secretary of Health and Human Services, shall prescribe performance standards.
(3) FACTORS FOR ADULT STANDARDS.--The Secretary shall base the performance standards for adult programs under part A of title II on appropriate factors, which may include--
(A) placement in unsubsidized employment;
(B) retention for not less than 6 months in unsubsidized employment;
(C) an increase in earnings, including hourly wages;
(D) a reduction in welfare dependency; and
(E) acquisition of skills, including basic skills, required to promote continued employability in the local labor market (including attainment of the competency levels described in paragraph (5)), or acquisition of a high school diploma or the equivalent of the diploma, if the acquisition of such skills or diploma is in addition to obtaining one or more of the outcomes described in subparagraphs (A) through (D).
(4) FACTORS FOR YOUTH STANDARDS.--
(A) IN GENERAL.--The Secretary shall base the performance standards for youth programs under part C of title II on appropriate factors described in paragraph (3), and on factors including--
(i) attainment of employment competencies (including attainment of the competency levels described in paragraph (5));
(ii) dropout prevention and recovery;
(iii) secondary and postsecondary school completion or the equivalent of such completion; and
(iv) enrollment in other training programs, apprenticeships, or postsecondary education, or enlistment in the Armed Forces.
(B) VARIATIONS.--The Secretary may prescribe variations on the standards described in subparagraph (A) to reflect the differences between in-school and out-of-school programs.
(5) COMPETENCY LEVELS.--The private industry councils, in consultation with appropriate educational agencies, and, where appropriate, the private sector, labor organizations, and community-based organizations, shall establish youth and adult competency levels, based on such factors as entry level skills and other hiring requirements.
(6) REQUIREMENTS.--The performance standards described in paragraphs (3) and (4) shall include provisions governing--
(A) the base period prior to program participation that will be used for measurement of the factors in such paragraphs, as appropriate;
(B) a representative period after termination from the program that is a reasonable indicator of post-program employment, earnings, and cash welfare payment reductions; and
(C) cost-effective methods for obtaining such data as are necessary to carry out this section and section 452(d) which, notwithstanding any other provision of law, may include access to earnings records, State employment security records, records collected under the Federal Insurance Contributions Act (chapter 21 of the Internal Revenue Code of 1986), State aid to families with dependent children records, statistical sampling techniques, and similar records or measures, with appropriate safeguards to protect the confidentiality of the information obtained.
(7) INCENTIVE GRANTS.--From funds available under section 202(c)(1)(B), and under section 262(c)(1)(B), for providing incentive grants under this paragraph, each Governor shall award incentive grants for programs under parts A and C of title II, other than programs under section 204(d), to service delivery areas--
(A) exceed the performance standards established by the Secretary under this subsection (except for the standards established under paragraph (8)) with respect to services to all participants;
(B) exceed the performance standards established by the Secretary under this subsection (except for the standards established under paragraph (8)) with respect to services to populations of hard-to-serve individuals;
(C) serve more than the minimum percentage of out-of-school youth required by section 263(f);
(D) place participants in employment that--
(i) provides post-program earnings exceeding the applicable performance criteria; and
(ii) includes employer-assisted employment benefits, including health benefits, consistent with the requirements of section 143(a)(4) relating to subsidized employment; and
(E) exceed the performance standards established by the Governor under subsection (e) for programs under title II, except that not more than 25 percent of the incentive grants shall be awarded on performance standards established under subsection (e).
(8) PROGRAM EXPENDITURES.--The Secretary shall prescribe performance standards relating gross program expenditures to various performance measures under this subsection, excluding any cost per participant measure. The Governor shall not take performance standards prescribed under this paragraph into consideration in awarding incentive grants under paragraph (7).
(c) TITLE III PERFORMANCE STANDARDS.--
(1) IN GENERAL.--The Secretary shall prescribe performance standards for programs under title III based on placement and retention in unsubsidized employment.
(2) NEEDS-RELATED PAYMENTS.--In prescribing performance standards under paragraph (1), the Secretary shall make appropriate allowance for the difference in cost resulting from serving workers receiving needs-related payments under section 314(e).
(d) STATE VARIATION OF PERFORMANCE STANDARDS.--
(1) AUTHORITY OF GOVERNOR.--Each Governor shall prescribe, and report in the Governor's coordination and special services plan, within parameters established by the Secretary, variations in the standards issued under subsections (b) and (c) based upon
--
(A) specific economic, geographic, and demographic factors in the State and in service delivery areas and substate areas within the State;
(B) the characteristics of the population to be served;
(C) the demonstrated difficulties in serving the population; and
(D) the type of services to be provided.
(2) RESPONSIBILITIES OF SECRETARY.--The Secretary shall--
(A) provide information and technical assistance on performance standards adjustments;
(B) collect data that identifies hard-to-serve individuals;
(C) provide guidance on setting performance standards at the service provider level that encourages increased service to such individuals; and
(D) review performance standards to ensure that such standards provide maximum incentive in serving such individuals.
(e) ADDITIONAL STATE STANDARDS PERMITTED.--The Governor may prescribe performance standards for programs under title II and title III in addition to those standards established by the Secretary under subsections (b) and (c). Such additional standards may include criteria relating to establishment of effective linkages with other programs to avoid duplication and enhance the delivery of services, the provision of high quality services, and successful service to hard-to-serve individuals. The additional performance standards established for title II shall be reported in the Governor's coordination and special services plan.
(f) TITLE IV STANDARDS.--The Secretary shall prescribe performance standards for programs under parts A and B of title IV.
(g) ADJUSTMENT FOR SPECIAL POPULATIONS.--The Secretary shall prescribe a system for variations in performance standards for special populations to be served, including Native Americans, migrant and seasonal farmworkers, disabled and Vietnam era veterans, including veterans who served in the Indochina Theater between August 5, 1964, and May 7, 1975, older individuals, including those served under section 204(d), and offenders, taking into account their special circumstances.
(h) MODIFICATIONS.--
(1) IN GENERAL.--The Secretary may modify the performance standards under this section not more than once every 2 program years. Such modifications shall not be retroactive.
(2) JOB CORPS.--Notwithstanding paragraph (1), the Secretary may modify standards relating to programs under part B for title IV each program year.
(i) FUNCTIONS OF NCEP.--The National Commission for Employment Policy shall--
(1) advise the Secretary in the development of performance standards under this section for measuring results of participation in job training and in the development of parameters for variations of such standards referred to in subsection (d);
(2) evaluate the usefulness of such standards as measures of desired performance; and
(3) evaluate the impact of such standards (intended or otherwise) on the choice of who is served, what services are provided, and the cost of such services in service delivery areas.
(j) FAILURE TO MEET STANDARDS.--
(1) UNIFORM CRITERIA.--The Secretary shall establish uniform criteria for determining whether--
(A) a service delivery area fails to meet performance standards under this section; and
(B) the circumstances under which remedial action authorized under this subsection shall be taken.
(2) TECHNICAL ASSISTANCE.--Each Governor shall provide assistance to service delivery areas failing to meet performance standards under the uniform criteria established under paragraph (1)(A).
(3) PROCESS FOR CORRECTION.--Not later than 90 days after the end of each program year, each Governor shall report to the Secretary the final performance standards and performance for each service delivery area within the State, along with the plans of the Governor for providing the technical assistance required under paragraph (2).
(4) REORGANIZATION PLAN.--
(A) PLAN REQUIRED FOR CONTINUED FAILURE.--If a service delivery area continues to fail to meet such performance standards for 2 consecutive program years, the Governor shall notify the Secretary and the service delivery area of the continued failure, and shall develop and impose a reorganization plan.
(B) ELEMENTS.--Such plan may restructure the private industry council, prohibit the use of designated service providers, merge the service delivery area into one or more other existing service delivery areas, or make other changes as the Governor determines to be necessary to improve performance, including the selection of an alternative administrative entity to administer the program for the service delivery area.
(C) ALTERNATIVE ADMINISTRATIVE ENTITY SELECTION.--The alternative administrative entity described in subparagraph (B) may be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest unit of general local government in the service delivery area or substate area.
(5) SECRETARIAL ACTION.--
(A) PLAN.--If the Governor has not imposed a reorganization plan as required by paragraph (4) within 90 days of the end of the second program year in which a service delivery area has failed to meet its performance standards, the Secretary shall develop and impose such a plan.
(B) RECAPTURE OR WITHHOLDING.--The Secretary shall recapture or withhold an amount not to exceed one-fifth of the State administration set-aside allocated under section 202(c)(1)(A) and under section 262(c)(1)(A), for the purposes of providing technical assistance under a reorganization plan imposed pursuant to subparagraph (A).
(6) APPEAL BY SERVICE DELIVERY AREA.--
(A) TIMING.--A service delivery area that is the subject of a reorganization plan under paragraph (4) may, within 30 days after receiving notice thereof, appeal to the Secretary to rescind or revise such plan.
(B) RECAPTURE OR WITHHOLDING.--
(i) DETERMINATION.--If the Secretary determines, upon appeal under subparagraph (A), that the Governor has not provided appropriate technical assistance as required under paragraph (2), the Secretary shall recapture or withhold an amount not to exceed one-fifth of the State administration set-aside allotted under section 202(c)(1)(A) and under section 262(c)(1)(A). The Secretary shall use funds recaptured or withheld under this subparagraph to provide technical assistance.
(ii) BASIS.--If the Secretary approved the technical assistance plan provided by the Governor under paragraph (2), a determination under this subparagraph shall only be based on failure to effectively implement such plan and shall not be based on the plan itself.
(7) APPEAL BY GOVERNOR.--A Governor of a State that is subject to recapture or withholding under paragraph (5) or (6)(B) may, within 30 days of receiving notice thereof, appeal such withholding to the Secretary.
(k) CLARIFICATION OR REFERENCE.--For the purposes of this section, the term "employment" means employment for 20 or more hours per week.
Sec. 107.(a) The primary consideration in selecting agencies of organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance (in accordance with guidelines established by the Secretary), in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In addition, consideration shall be given to demonstrated performance in making available appropriate supportive services, including child care. In complying with this subsection, proper consideration shall be given to community-based organizations as service providers.
(b) Funds provided under this Act shall not be used to duplicate facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals.
(c) Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, unless the administrative entity demonstrates that alternative agencies or organizations would be more effective or would have a greater potential to enhance the participants' continued occupational and career growth.
(d) The administrative entity shall not fund any occupational skills training program unless the level of skills provided in the Program are in accordance with guidelines established by the private industry council.
(e) The selection of service providers shall be made on a competitive basis to the extent practicable, and shall include--
(1) a determination of the ability of the service provider to meet program design specifications established by the administrative entity that take into account the purpose of the Act and the goals established in the Governor's coordination and special services plan; and
(2) documentation of compliance with procurement standards established by the Governor under section 164, including the reasons for selection.
Sec. 108.(a) APPLICATION OF COST LIMITATIONS.--Except as provided in subparagraphs (A) and (B) of section 141(d)(3), funds expended under this Act shall be charged to the appropriate cost categories.
(b)(1) COST CATEGORIES AND LIMITATIONS.--The cost limitations contained in this section shall apply separately to the funds allocated for programs under part A of title II, and to the funds allocated for programs under part C of such title.
(2) Funds expended under parts A and C of title II shall be charged to one of the following categories:
(A) Administration.
(B) Training-related and supportive services.
(C) Direct training services.
(3) The Secretary shall, consistent with sections 204(b) and 264(c), define by regulation the cost categories specified in paragraph (2).
(4) Of the funds allocated to a service delivery area for any program year under parts A or C of title II--
(A) not more that 20 percent shall be expended for administration; and
(B) not less than 50 percent shall be expended for direct training services.
(5) Each service delivery area shall ensure that for all services provided to participants through contracts, grants, or other agreements with a service provider, such contract, grant, or agreement shall include appropriate amounts necessary for administration and supportive services.
(6) For purposes of paragraph (4), the term "allocated" means allocated for a program year, as adjusted for reallocations and reallotments under section 109 and for transfers of funds under sections 206, 256, and 266.
(c) REFERENCE TO LIMITATIONS.--Funds available under title III shall be expended in accordance with the limitations specified in section 315.
(d) The provisions of this section do not apply to any service delivery area designated pursuant to section 101(a)(4)(A)(iii).
(e) This section shall not be construed to exempt programs under an approved plan from the performance standards established under section 106.
Sec. 109.(a) WITHIN STATE REALLOCATIONS.--
(1) IN GENERAL.--For program years beginning on or after July 1, 1993, the Governor shall, in accordance with the requirements of this subsection, reallocate to eligible service delivery areas within the State funds appropriated for such program year that are available for reallocation.
(2) AMOUNT.--The amount available for reallocation is equal to the amount by which the unobligated balance of the service delivery area allocation under part A or C of title II for all service delivery areas within the State at the end of the program year prior to the program year for which the determination under this subsection is made exceeds 15 percent of such allocation for the prior program year.
(3) REALLOCATION.--The Governor shall reallocate the amounts available pursuant to paragraph (2), to eligible service delivery areas within the State that have the highest rates of unemployment for an extended period of time and to those with the highest poverty rates.
(4) ELIGIBILITY.--For purposes of this subsection, an eligible service delivery area means a service delivery area that has obligated at least 85 percent of its allocation under part A or C of title II, respectively, for the program year prior to the program year for which the determination under this subsection is made.
(b) REALLOTMENT AMONG STATES.--
(1) IN GENERAL.--For program years beginning on or after July 1, 1993, the Secretary shall, in accordance with the requirements of this subsection, reallot to eligible States funds appropriated for such program year that are available for reallotment.
(2) AMOUNT.--The amount available for reallotment is equal to the amount by which the unobligated balance of the State allotment under part A or C of title II, respectively, at the end of the program year prior to the program year for which the determination under this subsection is made exceeds 15 percent of such allotment for that prior program year.
(3) REALLOTMENT.--The Secretary shall reallot the amounts available pursuant to paragraph (2) to each eligible State an amount based on the relative amount allotted to such eligible State under part A or C of title II, respectively, for the program year the determination under this subsection is made compared to the total amount allotted to all eligible States under part A or C of title II, respectively, for such program year.
(4) ELIGIBILITY.--For purposes of this subsection, an eligible State means a State which has obligated at least 85 percent of its allocation under part A or C of title II, respectively, for the program year prior to the program year for which the determination under this subsection is made.
(5) PROCEDURES.--The Governor of each State shall prescribe uniform procedures for the obligation of funds by service delivery areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and service delivery areas in the event that a State is required to make funds available for reallotment under this subsection.
(d) CALCULATION.--Funds obligated to carry out programs under section 204(d) shall not be counted in determining the amount available for reallocation under subsection (a)(2) or the amount available for reallotment under subsection (b)(2).
Sec. 121.(a)(1) The Governor shall annually prepare a statement of goals and objectives for job training and placement programs within the State to assist in the preparation of the plans required under section 104 of this Act and section 8 of the Act of June 6, 1933 (known as the Wagner-Peyser Act).
(2) Any State seeking financial assistance under this Act shall submit a Governor's Coordination and special services plan for two program years to the Secretary describing the use of all resources provided to the State and its service delivery areas under this Act and evaluating the experience over the preceding two years.
(b)(1) The plan shall establish criteria for coordinating activities under this Act (including title III) with programs and services provided by State and local education and training agencies (including vocational education agencies), public assistance agencies, the employment service, rehabilitation agencies, postsecondary institutions, economic development agencies, programs for the homeless and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State. Such criteria shall not affect local discretion concerning the selection of eligible participants or service providers in accordance with the provisions of sections 107 and 203, or 263.
(2) The plan shall describe the measures taken by the State to ensure coordination and avoid duplication between the State agencies administering the JOBS program and programs under title II in the planning and delivery of services. The plan shall describe the procedures developed by the State to ensure that the State JOBS plan is consistent with the coordination criteria specified in this plan and identify the procedures developed to provide for the review of the JOBS plan by the State Job Training Coordinating Council.
(3) The plan shall describe the projected use of resources, including oversight of program performance, program administration, and program financial management, capacity building, priorities and criteria for State incentive grants, and performance goals for State-supported programs. The description of capacity building shall include the Governor's plans for technical assistance to service delivery areas and service providers, interstate technical assistance and training arrangements, other coordinated technical assistance arrangements undertaken pursuant to the direction of the Secretary, and, where applicable, research and demonstration projects.
(4) The plan shall include goals for-
(A) the training of women in nontraditional employment through funds available under the Job Training Partnership Act, the Carl D. Perkins Vocational and Applied Technology Education Act, and other sources of Federal and State support;
(B) the training-related placement of women in nontraditional employment and apprenticeships;
(C) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and
(D) a description of efforts to coordinate activates provided pursuant to the Job Training Partnership Act and the Carl D. Perkins Vocational and Applied Technology Education Act to train and place women in nontraditional employment.
(5) The State plan shall include a description of the manner in which the State will encourage the successful carrying out of--
(A) training activities for eligible individuals whose placement is the basis for the payment to the State of the incentive bonus authorized by title V; and
(B) the training services, outreach activities, and preemployment supportive services furnished to such individuals.
(6) The Governor shall report to the Secretary to adjustments made in the performance standards and the factors that are used in making the adjustments.
(7) If major changes occur in labor market conditions, funding, or other factors during the two-year period covered by the plan, the State shall submit a modification to the Secretary describing these changes.
(c) Governor's coordination and special services activities may include--
(1) making available to service delivery areas, with or without reimbursement and upon request, appropriate information and technical assistance to assist in developing and implementing plans and programs;
(2) carrying out special model training and employment programs and related services (including programs receiving financial assistance from private sources);
(3) providing programs and related services for offenders, homeless individuals and other individuals whom the Governor determine require special assistance.
(4) providing financial assistance for special programs and services designed to meet the needs of rural areas outside major labor market areas.
(5) providing training opportunities in the conservation and efficient use of energy, the development of solar energy sources as defined in section 3 of the Solar Energy Research, Development and Demonstration Act of 1974;
(6) industry-wide training;
(7) coordination of activities relating to part A of title II with activities under title III of this Act;
(8) developing and providing to service delivery areas information on a State and local area basis regarding economic, industrial, and labor market conditions;
(9) providing programs and related services to encourage the recruitment of women for training, placement, and retention in nontraditional jobs;
(10) providing preservice and inservice training for planning, management, and delivery staffs of administrative entities and private industry councils, as well as contractors for State supported programs;
(11) providing statewide programs which provide for joint funding of activities under this Act with services and activities under other Federal, State, or local employment-related programs, including Veterans' Administration programs; and
(12) making available to service delivery areas appropriate information and technical assistance to assist in developing and implementing joint programs, including youth corps programs, in which activities supported under this Act are coordinated with activities supported under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
(d) A Governor's coordination and special services plan shall be approved by the Secretary unless the Secretary determines that the plan does not comply with specific provisions of this Act.
Sec. 122.(a)(1) Except as provided in subsection (d), a
ny State which desires to receive financial assistance under this Act shall establish a State job training coordinating council (hereinafter in this section referred to as the "State council"). Funding for the council shall be provided pursuant to sections 202(c)(1)(A) and 262(c)(1)(A).
(2) The State council shall be appointed by the Governor, who shall designate one nongovernmental member thereof to be chairperson. In making appointments to the State council, the Governor shall ensure that the membership of the State council reasonably represents the population of the State.
(3) The State job training coordinating council shall be composed as follows:
(A) Thirty percent of the membership of the State council shall be representatives of business and industry (including agriculture, where appropriate) including individuals who are representatives of business and industry on private industry councils within the State.
(B) Thirty percent of the membership of the State council shall be--
(i) representatives of the State legislature and State agencies and organizations, such as the State educational agency, the State vocational education board, the State advisory council on vocational education, the State board of education (when not otherwise represented), State public assistance agencies, the State employment security agency, the State rehabilitation agency, the State occupational information coordinating committee, State postsecondary institutions, the State economic development agency, State veterans' affairs agencies or equivalent, and such other agencies as the Governor determines to have a direct interest in employment and training and human resource utilization within the State; and
(ii) representatives of the units or consortia of general local government in the State who shall be nominated by the chief elected officials of the units or consortia of units of general local government, and the representatives of local educational agencies who shall be nominated by local educational agencies.
(C) Thirty percent of the membership of the State council shall be representatives of organized labor and representatives of community-based organizations in the State.
(D) Ten percent of the membership of the State council shall be appointed from the general public by the Governor of the State.
(4) The State council shall meet at such times and in such places as it deems necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible to the general public.
(5) The State council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this Act.
(6) In order to assure objective management and oversight, the State council shall not operate programs or provide services directly to eligible participants, but shall exist solely to plan, coordinate, and monitor the provision of such programs and services.
(7) The plans and decisions of the State council shall be subject to approval by the Governor.
(b) The State council shall--
(1) recommend a Governor's coordination and special services plan;
(2) recommend to the Governor substate service delivery areas, plan resource allocations not subject to section 202(b) or 262(b), provide management guidance and review for all programs in the State, develop appropriate linkages with other programs, coordinate activities with private industry councils, and develop the Governor's coordination and special services plan and recommend variations in performance standards;
(3) advise the Governor and local entities on job training plans and certify the consistency of such plans with criteria under the Governor's coordination and special services plan for coordination activities under this Act with other Federal, State, and local employment-related programs, including programs operated in designated enterprize zones;
(4) review the operation of programs conducted in each service delivery area, and the availability, responsiveness, and adequacy of State service, and make recommendations to the Governor, appropriate chief elected officials, and private industry councils, service providers, the State legislature, and the general public with respect to ways to improve the effectiveness of such programs or services;
(5) review the reports made pursuant to subparagraphs (D) and (E) of section 104(b)(12) and make recommendations for technical assistance and corrective action, based on the results of such reports;
(6) prepare a summary of the reports made pursuant to subparagraphs (D) and (E) of section 104(b)(12) detailing promising service delivery approaches developed in each service delivery area for the training and placement of women in nontraditional occupations, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;
(7) review the activities of the Governor to train, p[lace, and retain women in nontraditional employment, including activates under section 123, prepare a summary of activities and an analysis of results, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;
(8) consult with the sex equity coordinator established under section 111(b) of the Carl D. Perkins Vocational and Applied Technology Education Act, obtain from the sex equity coordinator a summary of activities and an analysis of results in training women in nontraditional employment under the Carl D. Perkins Vocational and Applied Technology Education Act, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;
(9) review and comment on the State plan developed for the State employment service agency;
(10) make an annual report to the Governor which shall be a public document, and issue such other studies, reports, or documents as it deems advisable to assist service delivery areas in carrying out the purposes of this Act;
(11)(A) identify, in coordination with the appropriate State agencies, the employment and training and vocational education needs throughout the State, and assess the extent to which employment and training, vocational education, rehabilitation services, public assistance, economic development, and other Federal, State, and local programs and services represent a consistent, integrated, and coordinated approach to meeting such needs; and
(B) comment at least once annually on the measures taken pursuant to section 113(b)(14) of the Carl D. Perkins Vocational Education Act; and
(12) review plans of all State agencies providing employment, training, and related services, and provide comments and recommendations to the Governor, the State legislature, the State agencies, and the appropriate Federal agencies on the relevancy and effectiveness of employment and training and related service delivery systems in the State.
(c) In addition to the functions described in subsection (b), the Governor may, to the extent permitted by applicable law, transfer functions which are related to functions under this Act to the council established under this section from any State coordinating committee for the work incentive program under title IV of the Social Security Act or any advisory council established under the Wagner-Peyser Act.
(d)(1) In lieu of establishing the State council required under subsection (a), each State may satisfy the requirements of this section by designating the State human resource investment council established in accordance with title VII (in this subsection referred to as the "State Council") to carry out the duties described in subsection (b).
(2) Funding provided to carry out this section may be allotted to the State Council to carry out such functions and the other functions of the State Council if the Governor and the head of the State agency responsible for administration of programs under this Act agree to such an allotment.
Sec. 123.(a) ALLOTMENT.--
(1) IN GENERAL.--The Secretary shall allot to the Governor for allocation to any State educational agency the sums made available to carry out this section under sections 202(c)(1)(C) and 262(c)(1)(C) to pay for the Federal share of carrying out the projects described in paragraph (2). In allocating such funds to the State education agency, the Governor shall not establish requirements governing the geographic distribution of funds under this section.
(2) PROJECTS.--Funds allocated under paragraph (1) may be used to pay for the Federal share of carrying out projects (in accordance with agreements under subsection (b)) that--
(A) provide school-to-work transition services of demonstrated effectiveness that increase the rate of graduation from high school, or completion of the recognized equivalent thereof, including services that increase the rate at which school dropouts return to regular or alternative schooling and obtain a high school degree or its equivalent, and, which may include, services to support multiyear dropout prevention programs of demonstrated effectiveness;
(B) provide literacy and lifelong learning opportunities and services of demonstrated effectiveness that--
(i) enhance the knowledge and skills of educationally and economically disadvantaged individuals; and
(ii) result in increasing the employment and earnings of such individuals;
(C) provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment; and
(D)(i) facilitate coordination of education and training services for eligible participants in projects described in subparagraphs (A), (B), and (C); or
(ii)(I) support activities pertaining to a State human resources investment council that meets the requirements of title VII and includes each of the programs described in clauses (i) through (vii) of section 701(b)(2)(A); or
(II) support activities pertaining to a State council, which carries out functions similar to the functions of the State human resource investment council described in title VII, if such State council was established prior to July 1, 1992.
(3) FEDERAL SHARE.--The Federal share of the cost of carrying out the projects described in paragraph (2) shall be 50 percent.
(b) AGREEMENTS REQUIRED.--
(1) PARTIES TO AGREEMENTS.--The projects described in subsection (a)(2) shall be conducted within a State in accordance with agreements that--
(A) reflect the goals and services described in paragraphs (1), (2), and (3) of subsection (c); and
(B) are developed between the State education agency, administrative entities in service delivery areas in the State, and other entities, such as other State agencies, local educational agencies, and alternative service providers (such as community-based and other nonprofit or for-profit organizations).
(2) CONTENTS OF AGREEMENTS.--
(A) CONTRIBUTION.--The agreements described in paragraph (1) shall provide for the contribution by the State, from funds other than the funds made available under this Act, of a total amount equal to the funds allotted under this section.
(B) DIRECT COST OF SERVICE.--Such amount may include the direct cost of employment or training services--
(i) provided by State or local programs or agencies; or
(ii) provided by other Federal programs or agencies in accordance with applicable Federal law.
(c) GOVERNOR'S PLAN REQUIREMENTS.--The State education agency shall submit for inclusion in the Governor's coordination and special services plan, a description developed jointly by the State educational agency and the Governor of--
(1) the goals to be achieved and services to be provided by the school-to-work transition programs specified in subsection (a)(2)(A) that will receive the assistance, which description shall, at a minimum, include information regarding--
(A) the activities and services that will result in increasing the number of youth staying in or returning to school and graduating from high school or the equivalent;
(B) the work-based curriculum that will link classroom learning to work site experience and address the practical and theoretical aspects of work;
(C) the opportunities that will be made available to participants to obtain career-path employment and postsecondary education;
(D) the integration to be achieved, in appropriate circumstances, in the delivery of services between State and local educational agencies and alternative service providers, such as community-based and nonprofit organizations; and
(E) the linkages that will be established, where feasible, to avoid duplication and enhance the delivery of services, with programs under--
(i) title II and part B of title IV;
(ii) the Elementary and Secondary Education Act (20 U.S.C. 2701 et seq.);
(iii) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);
(iv) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(v) the Adult Education Act (20 U.S.C. 1201 et seq.);
(vi) the JOBS program;
(vii) the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77; Stat. 482); and
(viii) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
(2) the goals to be achieved and services to be provided by literacy and lifelong learning programs specified in subsection (a)(2)(B) that will receive the assistance, which description shall, at a minimum, include information regarding--
(A) the activities and services that will increase the knowledge and skills of educationally and economically disadvantaged individuals, and result in increased employment and earnings for such individuals;
(B) the integration to be achieved between projects assisted under this section and the 4-year State plan (and related needs assessment carried out for the plan) developed in accordance with section 342 of the Adult Education Act (20 U.S.C. 1206a);
(C) the variety of settings, including workplace settings, in which literacy training and learning opportunities will be provided; and
(D) the linkages that will be established, where feasible, to avoid duplication and enhance the delivery of services, with programs under--
(i) titles II and III;
(ii) the Adult Education Act;
(iii) the Carl D. Perkins Vocational and Applied Technology Education Act;
(iv) the Stewart B. McKinney Homeless Assistance Act;
(v) the JOBS program;
(vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(vii) the National Literacy Act of 1991 (Public Law 102-73);
(viii) the Emergency Immigrant Education Act of 1984 (20 U.S.C. 3121 et seq.); and
(ix) the National and Community Service Act of 1990;
(3) the goals to be achieved and services to be provided by the nontraditional employment for women programs specified in subsection (a)(2)(C) that will receive the assistance; and
(4) the proportion of funds received under this section that will be used to achieve the goals, and provide the services described in paragraphs (1), (2), and (3).
(d) SERVICE REQUIREMENTS.--
(1) PERMITTED SERVICES.--Services funded under this section to carry out the projects described in subsection (a)(2) may include education and training, vocational education services, and related services, provided to participants under title II. In addition, services funded under this section may include services for offenders, veterans, and other individuals who the Governor determines require special assistance.
(2) LIMITATIONS ON EXPENDITURES.--
(A) COORDINATION OF SERVICES.--Not more than 20 percent of the funds allocated under this section may be expended to pay for the Federal share of projects described in subsection (a)(2)(D) at the State and local levels.
(B) SCHOOL-TO-WORK SERVICES; LITERACY AND LIFELONG LEARNING SERVICES.--Not less than 80 percent of the funds allocated under this section shall be expended to pay for the Federal share of projects conducted in accordance with subparagraphs (A), (B), and (C) of subsection (a)(2).
(C) ECONOMICALLY DISADVANTAGED.--Not less than 75 percent of the funds allocated for projects under subparagraphs (A), (B), and (C) of subsection (a)(2) shall be expended for projects for economically disadvantaged individuals who experience barriers to employment. Priority for funds not expended for the economically disadvantaged shall be given to title III participants and persons with barriers to employment.
(e) DISTRIBUTION OF FUNDS IN ABSENCE OF AGREEMENT.--If no agreement is reached in accordance with subsection (b) on the use of funds under this section, the funds shall be available to the Governor to achieve the goals and provide the services described in paragraph (1), (2), or (3) of subsection (c).
(f) REPORTS AND RECORDS.--
(1) REPORTS BY GOVERNORS.--The Governor shall prepare reports on the projects funded under this section, including such information as the Secretary may require to determine the extent to which the projects supported under this section result in achieving the goals specified in paragraphs (1), (2), and (3) of subsection (c). The Governor shall submit the reports to the Secretary at such intervals as shall be determined by the Secretary.
(2) RECORDS AND REPORTS OF RECIPIENTS.--Each direct and indirect recipient of funds under this section shall keep records that are sufficient to permit the preparation of reports. Each recipient shall submit such reports to the Secretary, at such intervals as shall be determined by the Secretary.
Sec. 124. If a State or service delivery area imposes a requirement, including a rule, regulation, policy, or performance standard, relating to the administration and operation of programs funded by this Act (including requirements based on State or service delivery area interpretation of any Federal law, regulation, or guideline) the State or area shall identify the requirement as a State- or service delivery area-imposed requirement.
Sec. 125.(a) In order to be eligible for Federal financial assistance for State labor market information programs under this Act from funds made available under section 461(b), the Governor shall designate the State occupational coordinating committee or other organizational unit to be responsible for oversight and management of a statewide comprehensive labor market and occupational supply and demand information system, which shall--
(1) design a comprehensive cost-efficient labor market and occupational supply and demand information system which--
(A) is responsive to the economic demand and education and training supply support needs of the State and areas within the State, and
(B) meets the Federal standards under chapter 35 or title 44, United States Code, and other appropriate Federal standards established by the Bureau of Labor Statistics;
(2) standardize available Federal and State multi-agency administrative records and direct survey data sources to produce an employment and economic analysis with a published set of projections for the State and designated areas within the State which, at the minimum, includes--
(A) identification of geographic and occupational areas of potential growth or decline; and
(B) an assessment of the potential impact of such growth or decline on individuals, industries, and communities, including occupational supply and demand characteristics data;
(3) assure, to the extent feasible, that--
(A) automated technology will be used by the State;
(B) administrative records have been designed to reduce paperwork; and
(C) multiple survey burdens on the employers of the State have been reduced;
(4) publish and disseminate labor market and occupational supply and demand information and individualized career information to State agencies, area public agencies, libraries, and private not-for-profit users, and individuals who are in the process of making career decision choices;
(5) conduct research and demonstration projects designed to improve any aspect of the statewide information system; and
(6) provide training and technical assistance to support comprehensive career guidance and participant activities for local programs assisted under this Act.
(b)(1) The analysis required under clause (2) of subsection (a) shall be used to contribute in carrying out the provisions of this Act, the Carl D. Perkins Vocational Education Act, and the Act of June 6, 1933, known as the Wagner-Peyser Act.
(2) The assurance required by clause (3) of subsection (a) shall also include that the State will, to the maximum extent possible, assure consolidation of available administrative data and surveys to reduce duplication of recordkeeping of State and local agencies, including secondary and postsecondary educational institutions.
(3) If any Federal funds are used to carry out clause (5) of subsection (a), access to and information on the results will remain in the public domain.
(c) The Secretary through the National Occupational Information Coordinating Committee shall reimburse the States the costs of carrying out the provisions of this section but the aggregate reimbursements in any fiscal year shall not exceed the amount available under part E of title IV for this section.
(d) No provision of this part or any other provision of Federal law shall be construed to prohibit any State from combining or consolidating Federal administrative management information reporting requirements relating to employment, productivity, or training, if notice is transmitted by the Governor to the head of each appropriate Federal and State agency responsible for the laws governing the Federal reporting requirements. The notice shall specify the intent to combine or consolidate such requirements. The head of each appropriate Federal agency shall approve the combination or consolidation unless, within sixty days after receiving the notice, the Federal agency can demonstrate that the combination or consolidation will not meet the essential purposes of the affected Federal law.
Sec. 126. Nothing in the Act shall be interpreted to preclude the enactment of State legislation providing for the implementation, consistent with the provisions of this Act, of the programs assisted under this Act.
Sec. 127. In the event that compliance with provisions of this Act would be enhanced by cooperative agreements between State, the consent of Congress is hereby given to such States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary.
Sec. 141. Except as otherwise provided, the following conditions are applicable to all programs under this Act:
(a) Each job training plan shall provide employment and training opportunities to those who can benefit from, and who are most in need of, such opportunities and shall make efforts to provide equitable services among substantial segments of the eligible population.
(b) Funds provided under this Act shall only be used to activities which are in addition to those which would otherwise be available in the area in the absence of such funds.
(c)(1) No funds provided under this Act shall be used or proposed for use to encourage or induce the relocation, of an establishment or part thereof, that results in a loss of employment for any employee of such establishment at the original location.
(2) No funds provided under this Act shall be used for customized or skill training, on-the-job training, or company specific assessment of job applicants or employees, for any establishment or part thereof, that has relocated, until 120 days after the date on which such establishment commences operations at the new location, if the relocation of such establishment or part thereof, results in a loss of employment for any employee of such establishment at the original location.
(3) If a violation of paragraph (1) or (2) is alleged, the Secretary shall conduct an investigation to determine whether a violation has occurred.
(4) If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State, service delivery area, or substate grantee that has violated paragraph (1) or (2) to--
(A) repay to the United States an amount equal to the amount expended in violation of paragraph (1) or (2), in accordance with subsections (d) or (e) of section 164; and
(B) pay an additional amount equal to the amount required to be repaid under subparagraph (A), unless the State, service delivery area, or substate grantee demonstrates to the Secretary that it neither knew or reasonably could have know (after an inquiry undertaken with due diligence) that it provided funds in violation of paragraph (1) or (2).
(5) Amounts received under paragraph (4)(B) shall be deposited in a special account in the Treasury for use by the Secretary for carrying out title III.
(d)(1) Training provided with funds made available under this Act shall be only for occupations for which there is a demand in the area served or in another area to which the participants is willing to relocate, and consideration in the selection of training programs may be given to training in occupations determined to be in sectors of the economy which have a high potential for sustained demand or growth.
(2) Efforts shall be made to develop programs which contribute to occupational development, upward mobility, development o