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111 STAT. 1467PUBLIC LAW 105–78—NOV. 13, 1997
Public Law 105–78105th Congress An Act
Making appropriations for the Departments of Labor, Health and Human Services,and Education, and related agencies for the fiscal year ending September 30,1998, and for other purposes.
 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
, That thefollowing sums are appropriated, out of any money in the Treasurynot otherwise appropriated, for the Departments of Labor, Healthand Human Services, and Education, and related agencies for thefiscal year ending September 30, 1998, and for other purposes,namely:TITLE I—DEPARTMENT OF LABORE
MPLOYMENT AND
T
RAINING
 A
DMINISTRATIONTRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Job Training Partnership Act,as amended, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings andother facilities, and the purchase of real property for training cen-ters as authorized by the Job Training Partnership Act; the StewartB. McKinney Homeless Assistance Act; the Women in Apprentice-ship and Nontraditional Occupations Act; the National Skill Stand-ards Act of 1994; and the School-to-Work Opportunities Act;$4,988,226,000 plus reimbursements, of which $3,794,735,000 isavailable for obligation for the period July 1, 1998 through June30, 1999; of which $118,491,000 is available for the period July1, 1998 through June 30, 2001 for necessary expenses of construc-tion, rehabilitation, and acquisition of Job Corps centers; and of which $200,000,000 shall be available from July 1, 1998 throughSeptember 30, 1999, for carrying out activities of the School-to-Work Opportunities Act:
 Provided
, That $53,815,000 shall be forcarrying out section 401 of the Job Training Partnership Act,$71,017,000 shall be for carrying out section 402 of such Act,$7,300,000 shall be for carrying out section 441 of such Act,$9,000,000 shall be for all activities conducted by and throughthe National Occupational Information Coordinating Committeeunder such Act, $955,000,000 shall be for carrying out title II,part A of such Act, and $129,965,000 shall be for carrying outtitle II, part C of such Act:
 Provided further
, That the NationalOccupational Information Coordinating Committee is authorized,effective upon enactment, to charge fees for publications, trainingand technical assistance developed by the National Occupational
Department of Labor Appropriations Act, 1998.Departments of Labor, Healthand HumanServices, andEducation, andRelated Agencies Appropriations Act, 1998.Nov. 13, 1997[H.R. 2264]
 
111 STAT. 1468PUBLIC LAW 105–78—NOV. 13, 1997
Information Coordinating Committee:
 Provided further
, That reve-nues received from publications and delivery of technical assistanceand training, notwithstanding 31 U.S.C. 3302, shall be creditedto the National Occupational Information Coordinating Committeeprogram account and shall be available to the National OccupationalInformation Coordinating Committee without further appropria-tions, so long as such revenues are used for authorized activitiesof the National Occupational Information Coordinating Committee:
 Provided further
, That no funds from any other appropriation shallbe used to provide meal services at or for Job Corps centers:
 Provided further
, That funds provided for title III of the Job Train-ing Partnership Act shall not be subject to the limitation containedin subsection (b) of section 315 of such Act; that the waiver describedin section 315(a)(2) may be granted if a substate grantee dem-onstrates to the Governor that such waiver is appropriate dueto the availability of low-cost retraining services, is necessary tofacilitate the provision of needs-related payments to accompanylong-term training, or is necessary to facilitate the provision of appropriate basic readjustment services; and that funds providedfor discretionary grants under part B of such title III may beused to provide needs-related payments to participants who, inlieu of meeting the enrollment requirements under section 314(e)of such Act, are enrolled in training by the end of the sixth weekafter grant funds have been awarded:
 Provided further
, That fundsprovided to carry out section 324 of such Act may be used fordemonstration projects that provide assistance to new entrantsin the workforce and incumbent workers:
 Provided further
, Thatservice delivery areas may transfer funding provided herein underauthority of title II, parts B and C of the Job Training Partnership Act between the programs authorized by those titles of the Act,if the transfer is approved by the Governor:
 Provided further
, Thatservice delivery areas and substate areas may transfer up to 20percent of the funding provided herein under authority of titleII, part A and title III of the Job Training Partnership Act betweenthe programs authorized by those titles of the Act, if such transferis approved by the Governor:
 Provided further
, That, notwithstand-ing any other provision of law, any proceeds from the sale of Job Corps center facilities shall be retained by the Secretary of Labor to carry out the Job Corps program:
 Provided further
, Thatnotwithstanding any other provision of law, the Secretary of Labormay waive any of the statutory or regulatory requirements of titlesI–III of the Job Training Partnership Act (except for requirementsrelating to wage and labor standards, worker rights, participationand protection, grievance procedures and judicial review, non-discrimination, allocation of funds to local areas, eligibility, reviewand approval of plans, the establishment and functions of servicedelivery areas and private industry councils, and the basic purposesof the Act), and any of the statutory or regulatory requirementsof sections 8–10 of the Wagner-Peyser Act (except for requirementsrelating to the provision of services to unemployment insuranceclaimants and veterans, and to universal access to basic laborexchange services without cost to job seekers), only for funds avail-able for expenditure in program year 1998, pursuant to a requestsubmitted by a State which identifies the statutory or regulatoryrequirements that are requested to be waived and the goals whichthe State or local service delivery areas intend to achieve, describesthe actions that the State or local service delivery areas have
 
111 STAT. 1469PUBLIC LAW 105–78—NOV. 13, 1997
undertaken to remove State or local statutory or regulatory barriers,describes the goals of the waiver and the expected programmaticoutcomes if the request is granted, describes the individualsimpacted by the waiver, and describes the process used to monitorthe progress in implementing a waiver, and for which notice andan opportunity to comment on such request has been providedto the organizations identified in section 105(a)(1) of the Job Train-ing Partnership Act, if and only to the extent that the Secretarydetermines that such requirements impede the ability of the Stateto implement a plan to improve the workforce development systemand the State has executed a Memorandum of Understanding withthe Secretary requiring such State to meet agreed upon outcomesand implement other appropriate measures to ensure accountability:
 Provided further
, That the Secretary of Labor shall establish aworkforce flexibility (work-flex) partnership demonstration programunder which the Secretary shall authorize not more than six States,of which at least three States shall each have populations notin excess of 3,500,000, with a preference given to those Statesthat have been designated Ed-Flex Partnership States under section311(e) of Public Law 103–227, to waive any statutory or regulatoryrequirement applicable to service delivery areas or substate areaswithin the State under titles I–III of the Job Training Partnership Act (except for requirements relating to wage and labor standards,grievance procedures and judicial review, nondiscrimination, allot-ment of funds, and eligibility), and any of the statutory or regulatoryrequirements of sections 8–10 of the Wagner-Peyser Act (exceptfor requirements relating to the provision of services to unemploy-ment insurance claimants and veterans, and to universal accessto basic labor exchange services without cost to job seekers), fora duration not to exceed the waiver period authorized under section311(e) of Public Law 103–227, pursuant to a plan submitted bysuch States and approved by the Secretary for the provision of workforce employment and training activities in the States, whichincludes a description of the process by which service deliveryareas and substate areas may apply for and have waivers approvedby the State, the requirements of the Wagner-Peyser Act to bewaived, the outcomes to be achieved and other measures to betaken to ensure appropriate accountability for Federal funds.For necessary expenses of Opportunity Areas of Out-of-School Youth, in addition to amounts otherwise provided herein,$250,000,000, to be available for obligation for the period October1, 1998 through September 30, 1999, if job training reform legisla-tion authorizing this or similar at-risk youth projects is enactedby July 1, 1998.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS(TRANSFER OF FUNDS)
To carry out the activities for national grants or contractswith public agencies and public or private nonprofit organizationsunder paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older workeractivities as subsequently authorized, $343,356,000.To carry out the activities for grants to States under paragraph(3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older worker activities as subse-quently authorized, $96,844,000.
Establishment.29 USC 1732note.
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