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H.R. 1385 (ih) To consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs in the United States, and for other purposes. ...
H.R.1385 One Hundred Fifth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the twenty-seventh day of January, one thousand nine hundred and ninety- eight An Act To consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Workforce Investment Act of 1998''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--WORKFORCE INVESTMENT SYSTEMS Subtitle A--Workforce Investment Definitions Sec. 101. Definitions. Subtitle B--Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1--State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2--Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3--Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. Identification of eligible providers of youth activities. Chapter 4--Youth Activities Sec. 126. General authorization. Sec. 127. State allotments. Sec. 128. Within State allocations. Sec. 129. Use of funds for youth activities. Chapter 5--Adult and Dislocated Worker Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6--General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C--Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operating plan. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Industry councils. Sec. 155. Advisory committees. Sec. 156. Experimental, research, and demonstration projects. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Management information. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D--National Programs Sec. 166. Native American programs. Sec. 167. Migrant and seasonal farmworker programs. Sec. 168. Veterans' workforce investment programs. Sec. 169. Youth opportunity grants. Sec. 170. Technical assistance. Sec. 171. Demonstration, pilot, multiservice, research, and multistate projects. Sec. 172. Evaluations. Sec. 173. National emergency grants. Sec. 174. Authorization of appropriations. Subtitle E--Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. Reference. Sec. 191. State legislative authority. Sec. 192. Workforce flexibility plans. Sec. 193. Use of certain real property. Sec. 194. Continuation of State activities and policies. Sec. 195. General program requirements. Subtitle F--Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II--ADULT EDUCATION AND LITERACY Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A--Adult Education and Literacy Programs Chapter 1--Federal Provisions Sec. 211. Reservation; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Chapter 2--State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Chapter 3--Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Chapter 4--General Provisions Sec. 241. Administrative provisions. Sec. 242. National Institute for Literacy. Sec. 243. National leadership activities. Subtitle B--Repeals Sec. 251. Repeals. TITLE III--WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A--Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B--Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C--Twenty-First Century Workforce Commission Sec. 331. Short title. Sec. 332. Findings. Sec. 333. Definitions. Sec. 334. Establishment of Twenty-First Century Workforce Commission. Sec. 335. Duties of the Commission. Sec. 336. Powers of the Commission. Sec. 337. Commission personnel matters. Sec. 338. Termination of the Commission. Sec. 339. Authorization of appropriations. Subtitle D--Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV--REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V--GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. Definitions for indicators of performance. Sec. 503. Incentive grants. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. Transition provisions. Sec. 507. Effective date. TITLE I--WORKFORCE INVESTMENT SYSTEMS Subtitle A--Workforce Investment Definitions SEC. 101. DEFINITIONS. In this title: (1) Adult.--Except in sections 127 and 132, the term ``adult'' means an individual who is age 18 or older. (2) Adult education; adult education and literacy activities.-- The terms ``adult education'' and ``adult education and literacy activities'' have the meanings given the terms in section 203. (3) Area vocational education school.--The term ``area vocational education school'' has the meaning given the term in section 521 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2471). (4) Basic skills deficient.--The term ``basic skills deficient'' means, with respect to an individual, that the individual has English reading, writing, 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. (5) Case management.--The term ``case management'' means the provision of a client-centered approach in the delivery of services, designed-- (A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and (B) to provide job and career counseling during program participation and after job placement. (6) Chief elected official.--The term ``chief elected official'' means-- (A) the chief elected executive officer of a unit of general local government in a local area; and (B) in a case in which a local area includes more than one unit of general local government, the individuals designated under the agreement described in section 117(c)(1)(B). (7) Community-based organization.--The term ``community-based organization'' means a private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment. (8) Customized training.--The term ``customized training'' means training-- (A) that is designed to meet the special requirements of an employer (including a group of employers);
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