Statutes and Regulations, Attachment B

PRI-Attachment-B-StatRegProv-081505.doc

Prisoner Reentry Initiative (PRI) Reporting System

Statutes and Regulations, Attachment B

OMB: 1205-0455

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Relevant Statutory/Regulatory Provisions


Following are the relevant portions of the authorizing statutes referenced under the response to question 1 of the OMB supporting statement.


WIA section 171 (a-b)


SEC. 171. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE PROJECTS.


(a) Strategic Plan.--

(1) In general.--After consultation with States, localities,

and other interested parties, the Secretary shall, every 2 years,

publish in the Federal Register, a plan that describes the

demonstration and pilot (including dislocated worker demonstration

and pilot), multiservice, research, and multistate project

priorities of the Department of Labor concerning employment and

training for the 5-year period following the submission of the

plan. Copies of the plan shall be transmitted to the appropriate

committees of Congress.

(2) Factors.--The plan published under paragraph (1) shall

contain strategies to address national employment and training

problems and take into account factors such as--

(A) the availability of existing research (as of the date

of the publication);

(B) the need to ensure results that have interstate

validity;

(C) the benefits of economies of scale and the efficiency

of proposed projects; and

(D) the likelihood that the results of the projects will be

useful to policymakers and stakeholders in addressing

employment and training problems.

(b) Demonstration and Pilot Projects.--

(1) In general.--Under a plan published under subsection (a),

the Secretary shall, through grants or contracts, carry out

demonstration and pilot projects for the purpose of developing and

implementing techniques and approaches, and demonstrating the

effectiveness of specialized methods, in addressing employment and

training needs. Such projects shall include the provision of direct

services to individuals to enhance employment opportunities and an

evaluation component and may include--

(A) the establishment of advanced manufacturing technology

skill centers developed through local partnerships of industry,

labor, education, community-based organizations, and economic

development organizations to meet unmet, high-tech skill needs

of local communities;

(B) projects that provide training to upgrade the skills of

employed workers who reside and are employed in enterprise

communities or empowerment zones;

(C) programs conducted jointly with the Department of

Defense to develop training programs utilizing computer-based

and other innovative learning technologies;

(D) projects that promote the use of distance learning,

enabling students to take courses through the use of media

technology such as videos, teleconferencing computers, and the

Internet;

(E) projects that assist in providing comprehensive

services to increase the employment rates of out-of-school

youth residing in targeted high poverty areas within

empowerment zones and enterprise communities;

(F) the establishment of partnerships with national

organizations with special expertise in developing, organizing,

and administering employment and training services, for

individuals with disabilities, at the national, State, and

local levels;

(G) projects to assist public housing authorities that

provide, to public housing residents, job training programs

that demonstrate success in upgrading the job skills and

promoting employment of the residents; and

(H) projects that assist local areas to develop and

implement local self-sufficiency standards to evaluate the

degree to which participants in programs under this title are

achieving self-sufficiency.

(2) Limitations.--

(A) Competitive awards.--Grants or contracts awarded for

carrying out demonstration and pilot projects under this

subsection shall be awarded only on a competitive basis, except

that a noncompetitive award may be made in the case of a

project that is funded jointly with other public or private

sector entities that provide a portion of the funding for the

project.

(B) Eligible entities.--Grants or contracts may be awarded

under this subsection only to--

(i) entities with recognized expertise in--

(I) conducting national demonstration projects;

(II) utilizing state-of-the-art demonstration

methods; or

(III) conducting evaluations of workforce

investment projects; or

(ii) State and local entities with expertise in

operating or overseeing workforce investment programs.

(C) Time limits.--The Secretary shall establish appropriate

time limits for carrying out demonstration and pilot projects

under this subsection.



WIA section 172


SEC. 172. EVALUATIONS.


(a) Programs and Activities Carried Out Under This Title.--For the

purpose of improving the management and effectiveness of programs and

activities carried out under this title, the Secretary shall provide

for the continuing evaluation of the programs and activities, including

those programs and activities carried out under section 171. Such

evaluations shall address--

(1) the general effectiveness of such programs and activities

in relation to their cost, including the extent to which the

programs and activities--

(A) improve the employment competencies of participants in

comparison to comparably-situated individuals who did not

participate in such programs and activities; and

(B) to the extent feasible, increase the level of total

employment over the level that would have existed in the

absence of such programs and activities;

(2) the effectiveness of the performance measures relating to

such programs and activities;

(3) the effectiveness of the structure and mechanisms for

delivery of services through such programs and activities;

(4) the impact of the programs and activities on the community

and participants involved;

(5) the impact of such programs and activities on related

programs and activities;

(6) the extent to which such programs and activities meet the

needs of various demographic groups; and

(7) such other factors as may be appropriate.

(b) Other Programs and Activities.--The Secretary may conduct

evaluations of other federally funded employment-related programs and

activities under other provisions of law.

(c) Techniques.--Evaluations conducted under this section shall

utilize appropriate methodology and research designs, including the use

of control groups chosen by scientific random assignment methodologies.

The Secretary shall conduct as least 1 multisite control group

evaluation under this section by the end of fiscal year 2005.

(d) Reports.--The entity carrying out an evaluation described in

subsection (a) or (b) shall prepare and submit to the Secretary a draft

report and a final report containing the results of the evaluation.

(e) Reports to Congress.--Not later than 30 days after the

completion of such a draft report, the Secretary shall transmit the

draft report to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Labor and Human Resources

of the Senate. Not later than 60 days after the completion of such a

final report, the Secretary shall transmit the final report to such

committees of the Congress.

(f) Coordination.--The Secretary shall ensure the coordination of

evaluations carried out by States pursuant to section 136(e) with the

evaluations carried out under this section.



WIA section 185


SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.


(a) Reports.--

(1) In general.--Recipients of funds under this title shall

keep records that are sufficient to permit the preparation of

reports required by this title and to permit the tracing of funds

to a level of expenditure adequate to ensure that the funds have

not been spent unlawfully.

(2) Submission to the secretary.--Every such recipient shall

maintain such records and submit such reports, in such form and

containing such information, as the Secretary may require regarding

the performance of programs and activities carried out under this

title. Such records and reports shall be submitted to the Secretary

but shall not be required to be submitted more than once each

quarter unless specifically requested by Congress or a committee of

Congress, in which case an estimate may be provided.

(3) Maintenance of standardized records.--In order to allow for

the preparation of the reports required under subsection (c), such

recipients shall maintain standardized records for all individual

participants and provide to the Secretary a sufficient number of

such records to provide for an adequate analysis of the records.

(4) Availability to the public.--

(A) In general.--Except as provided in subparagraph (B),

records maintained by such recipients pursuant to this

subsection shall be made available to the public upon request.

(B) Exception.--Subparagraph (A) shall not apply to--

(i) information, the disclosure of which would

constitute a clearly unwarranted invasion of personal

privacy; and

(ii) trade secrets, or commercial or financial

information, that is obtained from a person and privileged

or confidential.

(C) Fees to recover costs.--Such recipients may charge fees

sufficient to recover costs applicable to the processing of

requests for records under subparagraph (A).

(b) Investigations of Use of Funds.--

(1) In general.--

(A) Secretary.--In order to evaluate compliance with the

provisions of this title, the Secretary shall conduct, in

several States, in each fiscal year, investigations of the use

of funds received by recipients under this title.

(B) Comptroller general of the United States.--In order to

ensure compliance with the provisions of this title, the

Comptroller General of the United States may conduct

investigations of the use of funds received under this title by

any recipient.

(2) Prohibition.--In conducting any investigation under this

title, the Secretary or the Comptroller General of the United

States may not request the compilation of any information that the

recipient is not otherwise required to compile and that is not

readily available to such recipient.

(3) Audits.--

(A) In general.--In carrying out any audit under this title

(other than any initial audit survey or any audit investigating

possible criminal or fraudulent conduct), either directly or

through grant or contract, the Secretary, the Inspector General

of the Department of Labor, or the Comptroller General of the

United States shall furnish to the State, recipient, or other

entity to be audited, advance notification of the overall

objectives and purposes of the audit, and any extensive

recordkeeping or data requirements to be met, not later than 14

days (or as soon as practicable), prior to the commencement of

the audit.

(B) Notification requirement.--If the scope, objectives, or

purposes of the audit change substantially during the course of

the audit, the entity being audited shall be notified of the

change as soon as practicable.

(C) Additional requirement.--The reports on the results of

such audits shall cite the law, regulation, policy, or other

criteria applicable to any finding contained in the reports.

(D) Rule of construction.--Nothing contained in this title

shall be construed so as to be inconsistent with the Inspector

General Act of 1978 (5 U.S.C. App.) or government auditing

standards issued by the Comptroller General of the United

States.

(c) Accessibility of Reports.--Each State, each local board, and

each recipient (other than a subrecipient, subgrantee, or contractor of

a recipient) receiving funds under this title--

(1) shall make readily accessible such reports concerning its

operations and expenditures as shall be prescribed by the

Secretary;

(2) shall prescribe and maintain comparable management

information systems, in accordance with guidelines that shall be

prescribed by the Secretary, designed to facilitate the uniform

compilation, cross tabulation, and analysis of programmatic,

participant, and financial data, on statewide, local area, and

other appropriate bases, necessary for reporting, monitoring, and

evaluating purposes, including data necessary to comply with

section 188; and

(3) shall monitor the performance of providers in complying

with the terms of grants, contracts, or other agreements made

pursuant to this title.

(d) Information To Be Included in Reports.--

(1) In general.--The reports required in subsection (c) shall

include information regarding programs and activities carried out

under this title pertaining to--

(A) the relevant demographic characteristics (including

race, ethnicity, sex, and age) and other related information

regarding participants;

(B) the programs and activities in which participants are

enrolled, and the length of time that participants are engaged

in such programs and activities;

(C) outcomes of the programs and activities for

participants, including the occupations of participants, and

placement for participants in nontraditional employment;

(D) specified costs of the programs and activities; and

(E) information necessary to prepare reports to comply with

section 188.

(2) Additional requirement.--The Secretary shall ensure that

all elements of the information required for the reports described

in paragraph (1) are defined and reported uniformly.

(e) Quarterly Financial Reports.--

(1) In general.--Each local board in the State shall submit

quarterly financial reports to the Governor with respect to

programs and activities carried out under this title. Such reports

shall include information identifying all program and activity

costs by cost category in accordance with generally accepted

accounting principles and by year of the appropriation involved.

(2) Additional requirement.--Each State shall submit to the

Secretary, on a quarterly basis, a summary of the reports submitted

to the Governor pursuant to paragraph (1).

(f) Maintenance of Additional Records.--Each State and local board

shall maintain records with respect to programs and activities carried

out under this title that identify--

(1) any income or profits earned, including such income or

profits earned by subrecipients; and

(2) any costs incurred (such as stand-in costs) that are

otherwise allowable except for funding limitations.

(g) Cost Categories.--In requiring entities to maintain records of

costs by category under this title, the Secretary shall require only

that the costs be categorized as administrative or programmatic costs.

WIA section 188


SEC. 188. NONDISCRIMINATION.


(a) In General.--

(1) Federal financial assistance.--For the purpose of applying

the prohibitions against discrimination on the basis of age under

the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the

basis of disability under section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), on the basis of sex under title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the

basis of race, color, or national origin under title VI of the

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and

activities funded or otherwise financially assisted in whole or in

part under this Act are considered to be programs and activities

receiving Federal financial assistance.

(2) Prohibition of discrimination regarding participation,

benefits, and employment.--No individual shall be excluded from

participation in, denied the benefits of, subjected to

discrimination under, or denied employment in the administration of

or in connection with, any such program or activity because of

race, color, religion, sex (except as otherwise permitted under

title IX of the Education Amendments of 1972), national origin,

age, disability, or political affiliation or belief.

(3) Prohibition on assistance for facilities for sectarian

instruction or religious worship.--Participants shall not be

employed under this title to carry out the construction, operation,

or maintenance of any part of any facility that is used or to be

used for sectarian instruction or as a place for religious worship

(except with respect to the maintenance of a facility that is not

primarily or inherently devoted to sectarian instruction or

religious worship, in a case in which the organization operating

the facility is part of a program or activity providing services to

participants).

(4) Prohibition on discrimination on basis of participant

status.--No person may discriminate against an individual who is a

participant in a program or activity that receives funds under this

title, with respect to the terms and conditions affecting, or

rights provided to, the individual, solely because of the status of

the individual as a participant.

(5) Prohibition on discrimination against certain

noncitizens.--Participation in programs and activities or receiving

funds under this title shall be available to citizens and nationals

of the United States, lawfully admitted permanent resident aliens,

refugees, asylees, and parolees, and other immigrants authorized by

the Attorney General to work in the United States.

(b) Action of Secretary.--Whenever the Secretary finds that a State

or other recipient of funds under this title has failed to comply with

a provision of law referred to in subsection (a)(1), or with paragraph

(2), (3), (4), or (5) of subsection (a), including an applicable

regulation prescribed to carry out such provision or paragraph, the

Secretary shall notify such State or recipient and shall request that

the State or recipient comply. If within a reasonable period of time,

not to exceed 60 days, the State or recipient fails or refuses to

comply, the Secretary may--

(1) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted;

or

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

(c) Action of Attorney General.--When a matter is referred to the

Attorney General pursuant to subsection (b)(1), or whenever the

Attorney General has reason to believe that a State or other recipient

of funds under this title is engaged in a pattern or practice of

discrimination in violation of a provision of law referred to in

subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of

subsection (a), the Attorney General may bring a civil action in any

appropriate district court of the United States for such relief as may

be appropriate, including injunctive relief.

(d) Job Corps.--For the purposes of this section, Job Corps members

shall be considered as the ultimate beneficiaries of Federal financial

assistance.

(e) Regulations.--The Secretary shall issue regulations necessary

to implement this section not later than one year after the date of the

enactment of the Workforce Investment Act of 1998. Such regulations

shall adopt standards for determining discrimination and procedures for

enforcement that are consistent with the Acts referred to in a

subsection (a)(1), as well as procedures to ensure that complaints

filed under this section and such Acts are processed in a manner that

avoids duplication of effort.



WIA section 189(d)


SEC. 189. ADMINISTRATIVE PROVISIONS.


(d) Annual Report.--The Secretary shall prepare and submit to

Congress an annual report regarding the programs and activities carried

out under this title. The Secretary shall include in such report--

(1) a summary of the achievements, failures, and problems of

the programs and activities in meeting the objectives of this

title;

(2) a summary of major findings from research, evaluations,

pilot projects, and experiments conducted under this title in the

fiscal year prior to the submission of the report;

(3) recommendations for modifications in the programs and

activities based on analysis of such findings; and

(4) such other recommendations for legislative or

administrative action as the Secretary determines to be

appropriate.



29 CFR Part 37.37 (a-b), (d-e)


TITLE 29--LABOR

PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents

Subpart B--Recordkeeping and Other Affirmative Obligations of Recipients

Sec. 37.37 What are a recipient's responsibilities to collect and maintain data and other information?


(a) The Director will not require submission of data that can be

obtained from existing reporting requirements or sources, including

those of other agencies, if the source is known and available to the

Director.

(b)(1) Each recipient must collect such data and maintain such

records, in accordance with procedures prescribed by the Director, as

the Director finds necessary to determine whether the recipient has

complied or is complying with the nondiscrimination and equal

opportunity provisions of WIA or this part. The system and format in

which the records and data are kept


[[Page 405]]


must be designed to allow the Governor and CRC to conduct statistical or

other quantifiable data analyses to verify the recipient's compliance

with section 188 of WIA and this part.

(2) Such records must include, but are not limited to, records on

applicants, registrants, eligible applicants/registrants, participants,

terminees, employees, and applicants for employment. Each recipient must

record the race/ethnicity, sex, age, and where known, disability status,

of every applicant, registrant, eligible applicant/registrant,

participant, terminee, applicant for employment, and employee. Such

information must be stored in a manner that ensures confidentiality, and

must be used only for the purposes of recordkeeping and reporting;

determining eligibility, where appropriate, for WIA Title I-financially

assisted programs or activities; determining the extent to which the

recipient is operating its WIA Title I-financially assisted program or

activity in a nondiscriminatory manner; or other use authorized by law.

(d) Where designation of individuals by race or ethnicity is

required, the guidelines of the Office of Management and Budget must be

used.

(e) A service provider's responsibility for collecting and

maintaining the information required under this section may be assumed

by the Governor or LWIA grant recipient, as provided in the State's

Methods of Administration.



Jobs for Veterans Act (P.L. 107-288):


SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.


(a) VETERANS’ JOB TRAINING ASSISTANCE.—(1) Chapter 42 is amended by adding at the end the following new section:

‘‘§ 4215. Priority of service for veterans in Department of Labor job training programs

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) The term ‘covered person’ means any of the following individuals:

‘‘(A) A veteran.

‘‘(B) The spouse of any of the following individuals:

‘‘(i) Any veteran who died of a service-connected disability.

‘‘(ii) Any member of the Armed Forces serving

on active duty who, at the time of application for

assistance under this section, is listed, pursuant to

section 556 of title 37 and regulations issued thereunder,

by the Secretary concerned in one or more of

the following categories and has been so listed for

a total of more than 90 days: (I) missing in action,

(II) captured in line of duty by a hostile force, or

(III) forcibly detained or interned in line of duty by

a foreign government or power.

‘‘(iii) Any veteran who has a total disability

resulting from a service-connected disability.

‘‘(iv) Any veteran who died while a disability so

evaluated was in existence. PUBL288

‘‘(2) The term ‘qualified job training program’ means any

workforce preparation, development, or delivery program or

service that is directly funded, in whole or in part, by the

Department of Labor and includes the following:

‘‘(A) Any such program or service that uses technology

to assist individuals to access workforce development programs

(such as job and training opportunities, labor market

information, career assessment tools, and related support

services).

‘‘(B) Any such program or service under the public

employment service system, one-stop career centers, the

Workforce Investment Act of 1998, a demonstration or other

temporary program, and those programs implemented by

States or local service providers based on Federal block

grants administered by the Department of Labor.

‘‘(C) Any such program or service that is a workforce

development program targeted to specific groups.

‘‘(3) The term ‘priority of service’ means, with respect to

any qualified job training program, that a covered person shall

be given priority over nonveterans for the receipt of employment,

training, and placement services provided under that

program, notwithstanding any other provision of law.

‘‘(b) ENTITLEMENT TO PRIORITY OF SERVICE.—(1) A covered person

is entitled to priority of service under any qualified job training

program if the person otherwise meets the eligibility requirements

for participation in such program.

‘‘(2) The Secretary of Labor may establish priorities among

covered persons for purposes of this section to take into account

the needs of disabled veterans and special disabled veterans, and

such other factors as the Secretary determines appropriate.

‘‘(c) ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL

LEVELS.—An entity of a State or a political subdivision of the

State that administers or delivers services under a qualified job

training program shall—

‘‘(1) provide information and priority of service to covered

persons regarding benefits and services that may be obtained

through other entities or service providers; and

‘‘(2) ensure that each covered person who applies to or

who is assisted by such a program is informed of the employment-

related rights and benefits to which the person is entitled

under this section.

‘‘(d) ADDITION TO ANNUAL REPORT.—In the annual report

required under section 4107(c) of this title for the program year

beginning in 2003 and each subsequent program year, the Secretary

of Labor shall evaluate whether covered persons are receiving priority

of service and are being fully served by qualified job training

programs, and whether the representation of veterans in such programs

is in proportion to the incidence of representation of veterans

in the labor market, including within groups that the Secretary

may designate for priority under such programs, if any.’’.

4103. SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND TRAINING SERVICES.

(a) INCLUSION OF INTENSIVE SERVICES.—(1)(A) Section 4101

is amended by adding at the end the following new paragraph:

‘‘(9) The term ‘intensive services’ means local employment

and training services of the type described in section 134(d)(3)

of the Workforce Investment Act of 1998.’’.

(B) Section 4102 is amended by striking ‘‘job and job training

counseling service program,’’ and inserting ‘‘job and job training

intensive services program,’’.

(C) Section 4106(a) is amended by striking ‘‘proper counseling’’

and inserting ‘‘proper intensive services’’.

(D) Section 4107(a) is amended by striking ‘‘employment counseling

services’’ and inserting ‘‘intensive services’’.

(E) Section 4107(c)(1) is amended by striking ‘‘the number

counseled’’ and inserting ‘‘the number who received intensive services’’.

(F) Section 4109(a) is amended by striking ‘‘counseling,’’ each

place it appears and inserting ‘‘intensive services,’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

Effective date.

38 USC 4101

note.


(b) ADDITIONAL VETS DUTY TO IMPLEMENT TRANSITIONS TO

CIVILIAN CAREERS.—(1)(A) Section 4102 is amended by striking

the period and inserting ‘‘, including programs carried out by the

Veterans’ Employment and Training Service to implement all efforts

to ease the transition of servicemembers to civilian careers that

are consistent with, or an outgrowth of, the military experience

of the servicemembers.’’.

(B) Such section is further amended by striking ‘‘and veterans

of the Vietnam era’’ and inserting ‘‘and veterans who served on

active duty during a war or in a campaign or expedition for which

a campaign badge has been authorized’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

(c) MODERNIZATION OF EMPLOYMENT SERVICE DELIVERY POINTS

TO INCLUDE TECHNOLOGICAL INNOVATIONS.—(1) Section 4101(7) is

amended to read as follows:

‘‘(7) The term ‘employment service delivery system’ means

a service delivery system at which or through which labor

exchange services, including employment, training, and placement

services, are offered in accordance with the Wagner-

Peyser Act.’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

(d) INCREASE IN ACCURACY OF REPORTING SERVICES FURNISHED

TO VETERANS.—(1)(A) Section 4107(c)(1) is amended—

(i) by striking ‘‘veterans of the Vietnam era,’’; and

(ii) by striking ‘‘and eligible persons who registered for

assistance with’’ and inserting ‘‘eligible persons, recently separated

veterans (as defined in section 4211(6) of this title),

and servicemembers transitioning to civilian careers who registered

for assistance with, or who are identified as veterans

by,’’.

(B) Section 4107(c)(2) is amended—

(i) by striking ‘‘the job placement rate’’ the first place

it appears and inserting ‘‘the rate of entered employment (as

determined in a manner consistent with State performance

measures applicable under section 136(b) of the Workforce

Investment Act of 1998)’’; and

(ii) by striking ‘‘the job placement rate’’ the second place

it appears and inserting ‘‘such rate of entered employment

(as so determined)’’.

(C) Section 4107(c)(4) is amended by striking ‘‘sections 4103A

and 4104’’ and inserting ‘‘section 4212(d)’’.

(D) Section 4107(c) is amended—

(i) by striking ‘‘and’’ at the end of paragraph (4);

(ii) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(iii) by adding at the end the following new paragraph:

‘‘(6) a report on the operation during the preceding program

year of the program of performance incentive awards for quality

employment services under section 4112 of this title.’’.

(E) Section 4107(b), as amended by section 4(a)(3)(B), is further

amended by striking the second sentence and inserting the following:

‘‘Not later than February 1 of each year, the Secretary

shall report to the Committees on Veterans’ Affairs of the Senate

and the House of Representatives on the performance of States

and organizations and entities carrying out employment, training,

and placement services under this chapter, as measured under

subsection (b)(7) of section 4102A of this title. In the case of a

State that the Secretary determines has not met the minimum

standard of performance (established by the Secretary under subsection

(f) of such section), the Secretary shall include an analysis

of the extent and reasons for the State’s failure to meet that

minimum standard, together with the State’s plan for corrective

action during the succeeding year.’’.

(2) The amendments made by paragraph (1) shall apply to

reports for program years beginning on or after July 1, 2003.



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