EFFECTIVE DATE AND TRANSITION PROVISIONS.

SEC. 701. EFFECTIVE DATE AND TRANSITION PROVISIONS. (a) In General.— Except as otherwise provided in this section, this Act and the amendments made by this Act shall take effect on July 1, 1993. (b) Performance Standards.— The Secretary of Labor shall issue revised performance standards under the amendments made by section 115 as soon as the Secretary determines sufficient data are available, but not later than July 1, 1994, except that with respect to the factor of retention in unsubsidized employment specified in section 106(b)(3)(B) of the Job Training Partnership Act (as amended by section 115), the requirement that such retention be for not less than 6 months shall take effect not later than July 1, 1995. (c) Interim Training Services Formula.— 106 STAT. 1104 (1) Level of funding.— If the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act for fiscal year 1993 is less than the sum of— (A) $25,000,000; and (B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act, for fiscal year 1992, the amendment made by section 202 of this Act shall not take effect on July 1, 1993, and section 202 of the Job Training Partnership Act shall be amended to read as follows: “SEC. 202. ALLOTMENT AND ALLOCATION. “(a) Allotment.— “(1) Territories.— Not more than $5,000,000 of the amount appropriated pursuant to section 3(a)(1) for each fiscal year and available for this part shall be allotted among Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau. “(2) States.— Subject to the provisions of paragraph (3), of the remainder of the amount available for this part for each fiscal year— “(A) 33⅓ percent shall be allotted on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each State as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in all the States; “(B) 33⅓ percent shall be allotted on the basis of the relative excess number of unemployed individuals who reside in each State as compared to the total excess number of unemployed individuals in all the States; and “(C) 33⅓ percent shall be allotted on the basis of the relative number of economically disadvantaged adults within each State compared to the total number of economically disadvantaged adults in all States, except that, for the allotment for any State in which there is any service delivery area described in section 101(a)(4)(A)(iii), the allotment shall be based on the higher of the number of adults in families with an income below the low-income level in such area or the number of economically disadvantaged adults in such area. “(3) Limitations.— “(A) State minimum.— No State shall receive less than one-quarter of 1 percent of the amounts available for allotment to the States under this subsection from the remainder described in paragraph (2) for each fiscal year. “(B) Minimum percentage.— No State shall be allotted less than 90 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made. “(C) Allotment percentage.— “(i) In general.— Except as provided in clause (ii), for purposes of subparagraph (B), the allotment percentage of a State for a fiscal year shall be the percentage of funds allotted to the State under this subsection. 106 STAT. 1105 “(ii) Fiscal year 1992.— For purposes of subparagraph (B), the allocation percentage of a State for fiscal year 1992 shall be the percentage of funds allotted to the State under section 201, as in effect on the day before the date of enactment of the Job Training Reform Amendments of 1992. “(b) Allocation to Service Delivery Areas.— “(1) Formula.— The Governor shall, in accordance with section 162, allocate 77 percent of the allotment of the State under subsection (a) for each fiscal year among service delivery areas within the State, and shall ensure that, subject to the provisions of paragraph (3), of the amount allocated under this subsection— “(A) 33⅓ percent shall be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each service delivery area as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in the State; “(B) 33⅓ percent shall be allocated on the basis of the relative excess number of unemployed individuals who reside in each service delivery area as compared to the total excess number of unemployed individuals in all service delivery areas in the State; and “(C) 33⅓ percent shall be allocated on the basis of the relative number of economically disadvantaged adults within each service delivery area compared to the total number of economically disadvantaged adults in the State, except that the allocation for any service delivery area described in section 101(a)(4)(A)(iii) shall be based on the higher of the number of adults in families with an income below the low-income level in such area or the number of economically disadvantaged adults in such area. “(2) Limitations.— “(A) Minimum percentage.— No service delivery area within any State shall be allocated an amount equal to less than 90 percent of the average of its allocation percentage for the 2 preceding fiscal years preceding the fiscal year for which the determination is made. If the amounts appropriated pursuant to section 3(a)(1) for a fiscal year and available to carry out this part are not sufficient to provide an amount equal to at least 90 percent of such allocation percentage to each such area, the amounts allocated to each area shall be ratably reduced. “(B) Allocation percentage.— “(i) In general.— Except as provided in clause (ii), for purposes of subparagraph (A), the allocation percentage of a service delivery area for a fiscal year shall be the percentage of funds allocated to the service delivery area under this subsection. “(ii) Fiscal year 1992.— For purposes of subparagraph (A), the allocation percentage of a service delivery area for fiscal year 1992 shall be the percentage of funds allocated to the service delivery area under part A of title II. 106 STAT. 1106 “(c) State Activities.— “(1) Division.— Of the remaining 23 percent of the allotment of the State under subsection (a) for each fiscal year— “(A) 5 percent of such allotment of the State for each fiscal year shall be available to the Governor of the State to be used for overall administration, management, and auditing activities relating to programs under this title and for activities described in sections 121 and 122; “(B) 5 percent of such allotment of each State for each fiscal year shall be available to provide incentive grants authorized under section 106(b)(7), in accordance with paragraph (2); “(C) 8 percent of the allotment of each State for each fiscal year shall be available to carry out section 123; and “(D) 5 percent of such allotment of each State for each fiscal year shall be available to carry out section 204(d). “(2) Other uses.— “(A) Capacity building and technical assistance.— The Governor may use up to 33 percent of the amount allotted under paragraph (1)(B) for providing capacity building and technical assistance to service delivery areas and service providers. Such use of funds may include the development and training of service delivery area and service provider staff and the development of exemplary program activities. “(B) Nonduplication and coordination.— Funds used under subparagraph (A)— “(i) may not be used to duplicate the activities of the Capacity Building and Information and Dissemination Network established under section 453(b); and “(ii) shall, to the extent practicable, be used to coordinate the activities under subparagraph (A) with the activities of the Network under section 453(b). “(d) Definitions and Rule.— As used in this section: “(1) Definitions.— “(A) Economically disadvantaged adult.— The term ‘economically disadvantaged adult’ means an individual who is age 22 through 72 and who has, or is a member of a family that has, received a total family income (exclusive of unemployment compensation, child support payments, and welfare payments) that, 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. “(B) Excess number.— The term ‘excess number’ means— “(i) with respect to the excess number of unemployed individuals within a State— “(I) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or “(II) the number that represents the number of unemployed individuals in excess of 4.5 percent106 STAT. 1107 of the civilian labor force in areas of substantial unemployment in such State; and “(ii) with respect to the excess number of unemployed individuals within a service delivery area— “(I) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the service delivery area; or “(II) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such service delivery area. “(C) State.— The term ‘State’ means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. “(2) Special rule.— For the purposes of this section, the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of economically disadvantaged adults.”. (2) Effective date.— Any amendment made by paragraph (1) shall take effect on July 1, 1993. (d) Permanent Training Services Formula.— (1) Level of funding.— If section 202 of the Job Training Partnership Act is amended in accordance with subsection (c) and the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act for a fiscal year is not less than the sum of— (A) $25,000,000; and (B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act, for fiscal year 1992, the amendment made by section 202 of this Act shall take effect. (2) Effective date.— Any amendment made by paragraph (1) shall take effect on October 1 of the fiscal year described in paragraph (1). (e) Summer Youth Program Transfers.— (1) In general.— Section 205 and the amendment made by such section 205 shall take effect on the date of enactment of this Act. (2) Transition.— A service delivery area may transfer up to 10 percent of the amounts allocated for such area for the summer of 1992 under part B of title II of the Job Training Partnership Act for program year 1992 to provide services to youth pursuant to the program under part A of such title, to provide services to youth under such part A, if such transfer is approved by the Governor. (f) Interim Training Services Formula.— (1) Level of funding.— If the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act for fiscal year 1993 is less than the sum of— (A) $25,000,000; and (B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act, for fiscal year 1992, 106 STAT. 1108 the amendment made by section 207 of this Act shall not take effect on July 1, 1993, and title II of the Job Training Partnership Act shall be amended by inserting after section 261 of such Act the following: “SEC. 262. ALLOTMENT AND ALLOCATION. “(a) Allotment.— “(1) Territories.— Not more than $5,000,000 of the amount appropriated pursuant to section 3(a)(1) for each fiscal year and available for this part shall be allotted among Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau. “(2) States.— Subject to the provisions of paragraph (3), of the remainder of the amount available for this part for each fiscal year— “(A) 33⅓ percent shall be allotted on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each State as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in all the States; “(B) 33⅓ percent shall be allotted on the basis of the relative excess number of unemployed individuals who reside in each State as compared to the total excess number of unemployed individuals in all the States; and “(C) 33⅓ percent shall be allotted on the basis of the relative number of economically disadvantaged youth within each State compared to the total number of economically disadvantaged youth in all States, except that, for the allotment for any State in which there is any service delivery area described in section 101(a)(4)(A)(iii), the allotment shall be based on the higher of the number of youth in families with an income below the low-income level in such area or the number of economically disadvantaged youth in such area. “(3) Limitations.— “(A) State minimum.— No State shall receive less than one-quarter of 1 percent of the amounts available for allotment to the States under this subsection from the remainder described in paragraph (2) for each fiscal year. “(B) Minimum percentage.— No State shall be allotted less than 90 percent of its allotment percentage for the fiscal year preceding the fiscal year for which the determination is made. “(C) Allotment percentage.— “(i) In general..— Except as provided in clause (ii), for purposes of subparagraph (B), the allotment percentage of a State for a fiscal year shall be the percentage of funds allotted to the State under this subsection. “(ii) Fiscal year 1992.— For purposes of subparagraph (B), the allocation percentage of a State for fiscal year 1992 shall be the percentage of funds allotted to the State under section 201, as in effect on the day before the date of enactment of the Job Training Reform Amendments of 1992. 106 STAT. 1109 “(b) Allocation to Service Delivery Areas.— “(1) Formula.— The Governor shall, in accordance with section 162, allocate 82 percent of the allotment of the State under subsection (a) for each fiscal year among service delivery areas within the State, and shall ensure that, subject to the provisions of paragraph (3), of the amount allocated under this subsection— “(A) 33⅓ percent shall be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment in each service delivery area as compared to the total number of such unemployed individuals in all such areas of substantial unemployment in the State; “(B) 33⅓ percent shall be allocated on the basis of the relative excess number of unemployed individuals who reside in each service delivery area as compared to the total excess number of unemployed individuals in all service delivery areas in the State; and “(C) 33⅓ percent shall be allocated on the basis of the relative number of economically disadvantaged youth within each service delivery area compared to the total number of economically disadvantaged youth in the State, except that the allocation for any service delivery area described in section 101(a)(4)(A)(iii) shall be based on the higher of the number of youth in families with an income below the low-income level in such area or the number of economically disadvantaged youth in such area. “(2) Limitations.— “(A) Minimum percentage.—No service delivery area within any State shall be allocated an amount equal to less than 90 percent of the average of its allocation percentage for the 2 preceding fiscal years preceding the fiscal year for which the determination is made. If the amounts appropriated pursuant to section 3(a)(1) for a fiscal year and available to carry out this part are not sufficient to provide an amount equal to at least 90 percent of such allocation percentage to each such area, the amounts allocated to each area shall be ratably reduced. “(B) Allocation percentage.— “(i) In General.— Except as provided in clause (ii), for purposes of subparagraph (A), the allocation percentage of a service delivery area for a fiscal year shall be the percentage of funds allocated to the service delivery area under this subsection. “(ii) Fiscal year 1992.— For purposes of subparagraph (A), the allocation percentage of a service delivery area for fiscal year 1992 shall be the percentage of funds allocated to the service delivery area under part A of title II. “(c) State Activities.— “(1) Division.— Of the remaining 18 percent of the allotment of the State under subsection (a) for each fiscal year— “(A) 5 percent of such allotment of the State for each fiscal year shall be available to the Governor of the State to be used for overall administration, management, and auditing activities relating to programs under this title and for activities described in sections 121 and 122; 106 STAT. 1110 “(B) 5 percent of such allotment of each State for each fiscal year shall be available to provide incentive grants authorized under section 106(b)(7), in accordance with paragraph (2); and “(C) 8 percent of the allotment of each State for each fiscal year shall be available to carry out section 123. “(2) Other uses.— “(A) Capacity building and technical assistance.—The Governor may use up to 33 percent of the amount allotted under paragraph (1)(B) for providing capacity building and technical assistance to service delivery areas and service providers. Such use of funds may include the development and training of service delivery area and service provider staff and the development of exemplary program activities. “(B) Nonduplication and coordination.— Funds used under subparagraph (A)— “(i) may not be used to duplicate the activities of the Capacity Building and Information and Dissemination Network established under section 453(b); and “(ii) shall, to the extent practicable, be used to coordinate the activities under subparagraph (A) with the activities of the Network under section 453(b). “(d) Definitions and Rule.— As used in this section: “(1) Definitions.— “(A) Economically disadvantaged youth.— The term ‘economically disadvantaged youth’ means an individual who is age 16 through 21 and who has, or is a member of a family that has, received a total family income (exclusive of unemployment compensation, child support payments, and welfare payments) that, 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. “(B) Excess number.— The term ‘excess number’ means— “(i) with respect to the excess number of unemployed individuals within a State— “(I) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or “(II) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State; and “(ii) with respect to the excess number of unemployed individuals within a service delivery area— “(I) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the service delivery area; or “(II) the number that represents the number of unemployed individuals in excess of 4.5 percent106 STAT. 1111 of the civilian labor force in areas of substantial unemployment in such service delivery area. “(C) State.— The term ‘State’ means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. “(2) Special rule.— For the purposes of this section, the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of economically disadvantaged youth.”. (2) Effective date.— Any amendment made by paragraph (1) shall take effect on July 1, 1993. (g) Permanent Training Services Formula.— (1) Level of funding.— If title II of the Job Training Partnership Act is amended in accordance with subsection (f) and the amount appropriated to carry out parts A and C of title II of the Job Training Partnership Act for a fiscal year is not less than the sum of— (A) $25,000,000; and (B) the amount appropriated to carry out part A of title II of such Act, as in effect on the day before the date of enactment of this Act, for fiscal year 1992, the amendment made by section 207 of this Act shall take effect. (2) Effective date.—Any amendment made by paragraph (1) shall take effect on October 1 of the fiscal year described in paragraph (1). (h) Evaluation.— The Secretary of Labor shall evaluate the impact of programs under title II of the Job Training Partnership Act on participant employment, earnings and welfare dependency in multiple sites, using the random assignment of individuals to groups receiving services under programs authorized under the Job Training Reform Amendments of 1992 to groups not receiving such services. (i) Rules and Procedures.— (1) In General.— The Secretary of Labor may establish such rules and procedures as may be necessary to provide for an orderly implementation of the amendments made by this Act. (2) Review.— The Secretary of Labor, the Governors, and the service delivery areas shall conduct a comprehensive review of the current policies, practices, procedures, and delivery systems relating to programs authorized under the Job Training Partnership Act for the purpose of ensuring the effective implementation of the amendments made by this Act. Such review shall include consideration of the appropriateness of current service delivery area designations, the representativeness of current State and local councils, the adequacy of current administrative systems, the effectiveness of current outreach, service delivery, and coordination activities, and other relevant matters. (j) Implementing Regulations.— The Secretary of Labor shall issue final regulations relating to the implementation of the amendments made by this Act not later than December 18, 1992.