[Grandfather Provisions]

SEC. 189. ADMINISTRATIVE PROVISIONS.



    (a) In General.--The Secretary may, in accordance with chapter 5 of 

title 5, United States Code, prescribe rules and regulations to carry 

out this title only to the extent necessary to administer and ensure 

compliance with the requirements of this title. Such rules and 

regulations may include provisions making adjustments authorized by 

section 204 of the Intergovernmental Cooperation Act of 1968. All such 

rules and regulations shall be published in the Federal Register at 

least 30 days prior to their effective dates. Copies of each such rule 

or regulation shall be transmitted to the appropriate committees of 

Congress on the date of such publication and shall contain, with 

respect to each material provision of such rule or regulation, a 

citation to the particular substantive section of law that is the basis 

for the provision.

    (b) Acquisition of Certain Property and Services.--The Secretary is 

authorized, in carrying out this title, to accept, purchase, or lease 

in the name of the Department of Labor, and employ or dispose of in 

furtherance of the purposes of this title, any money or property, real, 

personal, or mixed, tangible or intangible, received by gift, devise, 

bequest, or otherwise, and to accept voluntary and uncompensated 

services notwithstanding the provisions of section 1342 of title 31, 

United States Code.

    (c) Authority To Enter Into Certain Agreements and To Make Certain 

Expenditures.--The Secretary may make such grants, enter into such 

contracts or agreements, establish such procedures, and make such 

payments, in installments and in advance or by way of reimbursement, or 

otherwise allocate or expend such funds under this title, as may be 

necessary to carry out this title, including making expenditures for 

construction, repairs, and capital improvements, and including making 

necessary adjustments in payments on account of over-payments or 

underpayments.

    (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.

    (e) Utilization of Services and Facilities.--The Secretary is 

authorized, in carrying out this title, under the same procedures as 

are applicable under subsection (c) or to the extent permitted by law 

other than this title, to accept and use the services and facilities of 

departments, agencies, and establishments of the United States. The 

Secretary is also authorized, in carrying out this title, to accept and 

use the services and facilities of the agencies of any State or 

political subdivision of a State, with the consent of the State or 

political subdivision.

    (f) Obligational Authority.--Notwithstanding any other provision of 

this title, the Secretary shall have no authority to enter into 

contracts, grant agreements, or other financial assistance agreements 

under this title except to such extent and in such amounts as are 

provided in advance in appropriations Acts.

    (g) Program Year.--

        (1) In general.--

            (A) Program year.--Except as provided in subparagraph (B), 

        appropriations for any fiscal year for programs and activities 

        carried out under this title shall be available for obligation 

        only on the basis of a program year. The program year shall 

        begin on July 1 in the fiscal year for which the appropriation 

        is made.

            (B) Youth activities.--The Secretary may make available for 

        obligation, beginning April 1 of any fiscal year, funds 

        appropriated for such fiscal year to carry out youth activities 

        under subtitle B.

        (2) Availability.--Funds obligated for any program year for a 

    program or activity carried out under this title may be expended by 

    each State receiving such funds during that program year and the 2 

    succeeding program years. Funds obligated for any program year for 

    a program or activity carried out under section 171 or 172 shall 

    remain available until expended. Funds received by local areas from 

    States under this title during a program year may be expended 

    during that program year and the succeeding program year. No amount 

    of the funds described in this paragraph shall be deobligated on 

    account of a rate of expenditure that is consistent with a State 

    plan, an operating plan described in section 151, or a plan, grant 

    agreement, contract, application, or other agreement described in 

    subtitle D, as appropriate.

    (h) Enforcement of Military Selective Service Act.--The Secretary 

shall ensure that each individual participating in any program or 

activity established under this title, or receiving any assistance or 

benefit under this title, has not violated section 3 of the Military 

Selective Service Act (50 U.S.C. App. 453) by not presenting and 

submitting to registration as required pursuant to such section. The 

Director of the Selective Service System shall cooperate with the 

Secretary to enable the Secretary to carry out this subsection.

    (i) Waivers and Special Rules.--

        (1) Existing waivers.--With respect to a State that has been 

    granted a waiver under the provisions relating to training and 

    employment services of the Department of Labor in title I of the 

    Departments of Labor, Health and Human Services, and Education, and 

    Related Agencies Appropriations Act, 1997 (Public Law 104-208; 110 

    Stat. 3009-234), the authority provided under such waiver shall 

    continue in effect and apply, and include a waiver of the related 

    provisions of subtitle B and this subtitle, for the duration of the 

    initial waiver.

        (2) Special rule regarding designated areas.--A State that has 

    enacted, not later than December 31, 1997, a State law providing 

    for the designation of service delivery areas for the delivery of 

    workforce investment activities, may use such areas as local areas 

    under this title, notwithstanding section 116.

        (3) Special rule regarding sanctions.--A State that enacts, not 

    later than December 31, 1997, a State law providing for the 

    sanctioning of such service delivery areas for failure to meet 

    performance measures for workforce investment activities, may use 

    the State law to sanction local areas for failure to meet State 

    performance measures under this title.

        (4) General waivers of statutory or regulatory requirements.--

            (A) General authority.--Notwithstanding any other provision 

        of law, the Secretary may waive for a State, or a local area in 

        a State, pursuant to a request submitted by the Governor of the 

        State (in consultation with appropriate local elected 

        officials) that meets the requirements of subparagraph (B)--

                (i) any of the statutory or regulatory requirements of 

            subtitle B or this subtitle (except for requirements 

            relating to wage and labor standards, including 

            nondisplacement protections, worker rights, participation 

            and protection of workers and participants, grievance 

            procedures and judicial review, nondiscrimination, 

            allocation of funds to local areas, eligibility of 

            providers or participants, the establishment and functions 

            of local areas and local boards, and procedures for review 

            and approval of plans); and

                (ii) any of the statutory or regulatory requirements of 

            sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 

            49g through 49i) (excluding requirements relating to the 

            provision of services to unemployment insurance claimants 

            and veterans, and requirements relating to universal access 

            to basic labor exchange services without cost to jobseekers).

            (B) Requests.--A Governor requesting a waiver under 

        subparagraph (A) shall submit a plan to the Secretary to 

        improve the statewide workforce investment system that--

                (i) identifies the statutory or regulatory requirements 

            that are requested to be waived and the goals that the 

            State or local area in the State, as appropriate, intends 

            to achieve as a result of the waiver;

                (ii) describes the actions that the State or local 

            area, as appropriate, has undertaken to remove State or 

            local statutory or regulatory barriers;

                (iii) describes the goals of the waiver and the 

            expected programmatic outcomes if the request is granted;

                (iv) describes the individuals impacted by the waiver; and

                (v) describes the process used to monitor the progress 

            in implementing such a waiver, and the process by which 

            notice and an opportunity to comment on such request has 

            been provided to the local board.

            (C) Conditions.--Not later than 90 days after the date of 

        the original submission of a request for a waiver under 

        subparagraph (A), the Secretary shall provide a waiver under 

        this paragraph if and only to the extent that--

                (i) the Secretary determines that the requirements 

            requested to be waived impede the ability of the State or 

            local area, as appropriate, to implement the plan described 

            in subparagraph (B); and

                (ii) the State has executed a memorandum of 

            understanding with the Secretary requiring such State to 

            meet, or ensure that the local area meets, agreed-upon 

            outcomes and to implement other appropriate measures to 

            ensure accountability.