I 

112TH CONGRESS 

2D SESSION H. R. 4227 

To reauthorize the Workforce Investment Act of 1998 to strengthen the 

United States workforce investment system through innovation in, and 

alignment and improvement of, employment, training, and education programs, and to promote national economic growth, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2012 

Mr. TIERNEY (for himself, Mr. HINOJOSA, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To reauthorize the Workforce Investment Act of 1998 to 

strengthen the United States workforce investment system through innovation in, and alignment and improvement of, employment, training, and education programs, 

and to promote national economic growth, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Workforce Investment Act of 2012’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4227 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Purposes and principles. 

TITLE I—WORKFORCE INVESTMENT SYSTEMS 

Subtitle A—Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 111. State workforce investment boards and requirements for State plans. 

Sec. 112. State unified plan. 

Sec. 113. Local workforce investment areas and boards. 

Sec. 114. Additional one-stop programs and activities. 

Sec. 115. Providers of training services. 

Sec. 116. Youth activities. 

Sec. 117. Adult and dislocated worker training activities. 

Sec. 118. Unified performance accountability system. 

Sec. 119. Authorization of funding for one-stop infrastructure. 

Subtitle C—Job Corps 

Sec. 131. Purposes. 

Sec. 132. Definitions. 

Sec. 133. Individuals eligible for the Job Corps. 

Sec. 134. Recruitment, screening, selection, and assignment of enrollees. 

Sec. 135. Enrollment. 

Sec. 136. Job Corps centers. 

Sec. 137. Program activities. 

Sec. 138. Support. 

Sec. 139. Community participation. 

Sec. 140. Industry councils. 

Sec. 141. Experimental, research, and demonstration projects and College 

Corps program. 

Sec. 142. Technical amendment. 

Sec. 143. Performance accountability and management. 

Sec. 144. Authorization of appropriations. 

Subtitle D—National Programs 

Sec. 151. Native American programs. 

Sec. 152. Migrant and seasonal farmworker programs. 

Sec. 153. Veterans workforce investment programs. 

Sec. 154. Repeal. 

Sec. 155. Technical assistance. 

Sec. 156. Innovation projects. 

Sec. 157. Workforce and youth innovation and best practices grants. 

Sec. 158. Evaluations. 

Sec. 159. National dislocated worker grants. 

Sec. 160. Youthbuild program. 

Sec. 161. Authorization of appropriations. 

Sec. 162. Transition grants to States. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 4227 IH

Sec. 163. Interagency agreement. 

Subtitle E—Administration 

Sec. 171. Requirements and restrictions. 

Sec. 172. Fiscal controls or sanctions. 

Sec. 173. Reports, recordkeeping, investigations. 

Sec. 174. Administrative provisions. 

Sec. 175. Repeals. 

Sec. 176. General program requirements. 

Sec. 177. Office of Disability Employment Policy. 

Subtitle F—Community College to Career Fund 

Sec. 181. Community College to Career Fund. 

TITLE II—ADULT EDUCATION AND LITERACY 

Sec. 201. Purposes, definitions, and miscellaneous provisions. 

Sec. 202. Amendments to subtitle A. 

Sec. 203. Amendments to subtitle B. 

Sec. 204. Amendments to subtitle C. 

Sec. 205. Amendments to subtitle D. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Employment service offices. 

Sec. 302. Definitions. 

Sec. 303. Federal and State employment service offices. 

Sec. 304. Allotment of sums. 

Sec. 305. Use of sums. 

Sec. 306. State plan. 

Sec. 307. Performance accountability measures. 

Sec. 308. Pilot projects. 

Sec. 309. Labor market information system. 

TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

Sec. 401. References. 

Sec. 402. Findings, purpose, policy. 

Sec. 403. Rehabilitation Services Administration. 

Sec. 404. Definitions. 

Sec. 405. Administration of the Act. 

Sec. 406. Reports. 

Sec. 407. Evaluation. 

Sec. 408. Carryover. 

Sec. 409. Traditionally underserved populations. 

Subtitle B—Vocational Rehabilitation Services 

Sec. 411. Declaration of policy; authorization of appropriations. 

Sec. 412. State plans. 

Sec. 413. Eligibility and individualized plan for employment. 

Sec. 414. Vocational rehabilitation services. 

Sec. 415. State Rehabilitation Council. 

Sec. 416. Performance accountability measures. 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 4227 IH

Sec. 417. Monitoring and review. 

Sec. 418. Training and services for employers. 

Sec. 419. State allotments. 

Sec. 420. Client Assistance Program. 

Sec. 421. Technical assistance for quality services. 

Sec. 422. Pre-employment transition services. 

Sec. 423. American Indian vocational rehabilitation services. 

Subtitle C—Research and Training 

Sec. 431. Purpose. 

Sec. 432. Authorization of appropriations. 

Sec. 433. National Institute on Disability and Rehabilitation Research. 

Sec. 434. Interagency Committee. 

Sec. 435. Research and other covered activities. 

Sec. 436. Rehabilitation Research Advisory Council. 

Sec. 437. Definition of covered school. 

Subtitle D—Professional Development and Special Projects and 

Demonstration 

Sec. 441. Training. 

Sec. 442. Demonstration and training programs. 

Sec. 443. Migrant and seasonal farmworkers. 

Sec. 444. Recreational programs. 

Subtitle E—National Council on Disability 

Sec. 451. Report. 

Sec. 452. Authorization of appropriations. 

Subtitle F—Rights and Advocacy 

Sec. 456. Board and Council. 

Sec. 457. Protection and advocacy of individual rights. 

Sec. 458. Standards for accessible medical diagnostic equipment. 

Subtitle G—Employment Opportunities for Individuals With Disabilities 

Sec. 461. Projects with industry. 

Sec. 462. Authorization of appropriations. 

Sec. 463. Supported employment services. 

Subtitle H—Independent Living Services and Centers for Independent Living 

CHAPTER 1—GENERAL PROVISIONS

Sec. 471. Purpose. 

Sec. 472. Independent Living Administration. 

Sec. 473. Definitions. 

Sec. 474. State plan. 

Sec. 475. Statewide Independent Living Council. 

Sec. 476. Responsibilities of the ILA Director. 

CHAPTER 2—INDEPENDENT LIVING SERVICES

Sec. 477. Administration. 

CHAPTER 3—CENTERS FOR INDEPENDENT LIVING


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 4227 IH

Sec. 481. Program authorization. 

Sec. 482. Centers. 

Sec. 483. Standards and assurances. 

Sec. 484. Authorization of appropriations. 

CHAPTER 4—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS

WHO ARE BLIND

Sec. 486. Independent living services for older individuals who are blind. 

Sec. 487. Program of grants. 

Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. 

Subtitle I—Increasing Employment Opportunities for Individuals With 

Disabilities 

Sec. 491. Disability employment. 

Sec. 492. Table of contents. 

1 SEC. 2. PURPOSES AND PRINCIPLES. 

2 The purposes of this Act include the following: 

3 (1) To increase economic growth by improving 

4 the education and skills of American workers. 

5 (2) To ensure middle class prosperity through 

6 strong investment in talent and workforce develop7 ment. 

8 (3) To prepare the unemployed, the under9 employed, and those most disadvantaged with skills 

10 to match up with employer needs. 

11 (4) To provide individuals streamlined access to 

12 in-demand skills training and employment services 

13 by aligning education, training and workforce invest14 ment programs. 

15 (5) To strengthen engagement with employers 

16 in in-demand industries and all sectors to meet the 

17 needs of employers. 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 4227 IH

1 (6) To improve the competitiveness and dyna2 mism of the Nation’s future workforce by investing 

3 in college and career-ready pathways for young 

4 adults. 

5 (7) To ensure accountability and efficiency 

6 through system performance measures that 

7 incentivize continuous improvement in services for 

8 workers and employers. 

9 (8) To encourage private sector partnerships 

10 connecting employers, labor unions, community col11 leges, workforce boards and related stakeholders to 

12 develop workforce skills that meet employer needs, 

13 including career pathways, recognized postsecondary 

14 credentials, and regional planning. 

15 TITLE I—WORKFORCE 

16 INVESTMENT SYSTEMS 

17 Subtitle A—Definitions 

18 SEC. 101. DEFINITIONS. 

19 Section 101 is amended— 

20 (1) by striking paragraph (24) and by redesig21 nating— 

22 (A) paragraphs (52) and (53) as para23 graphs (60) and (61), respectively; 

24 (B) paragraphs (40) through (51) as para25 graphs (47) through (58), respectively; 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 4227 IH

1 (C) paragraphs (25) through (39) as para2 graphs (31) through (45), respectively; 

3 (D) paragraphs (18) through (23) as para4 graphs (25) through (30), respectively; 

5 (E) paragraph (17) as paragraph (22); 

6 (F) paragraphs (12) through (16) as para7 graphs (16) through (20), respectively; 

8 (G) paragraphs (8) through (11), as para9 graphs (11) through (14), respectively; and 

10 (H) paragraphs (5) through (7) as para11 graphs (6) through (8), respectively; 

12 (2) by inserting after paragraph (4) the fol13 lowing: 

14 ‘‘(5) CAREER PATHWAY.— 

15 ‘‘(A) IN GENERAL.—The term ‘career 

16 pathway’ means a sequence of education, train17 ing, and other supportive services, clearly ar18 ticulated from one level of instruction to the 

19 next, that are designed to prepare individuals to 

20 meet a set of career-related objectives as ref21 erenced in subparagraph (C). 

22 ‘‘(B) SERVICES.—The services referred to 

23 in subparagraph (A) shall be— 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 4227 IH

1 ‘‘(i) aligned with the skill needs of in2 dustries in the State or regional economy 

3 involved; 

4 ‘‘(ii) designed to increase an individ5 ual’s educational and skill attainment, and 

6 improve the individual’s employment out7 comes and ability to meet career-related 

8 objectives, by— 

9 ‘‘(I) preparing individuals for the 

10 full range of secondary or postsec11 ondary education options, including 

12 apprenticeships registered under the 

13 Act of August 16, 1937 (commonly 

14 known as the ‘National Apprentice15 ship Act’; 50 Stat. 664, chapter 663; 

16 29 U.S.C. 50 et seq.) (referred to in17 dividually in this Act as an ‘appren18 ticeship’, except in section 273); 

19 ‘‘(II) including supportive serv20 ices and counseling to support individ21 uals in achieving their education and 

22 career goals; 

23 ‘‘(III) including, as appropriate 

24 for an individual, education offered 

25 concurrently with and in the context 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 4227 IH

1 of workforce preparation activities and 

2 training for a specific occupation or 

3 occupational cluster; and 

4 ‘‘(IV) when participants are 

5 adults, organizing courses to meet 

6 adult participants’ needs including 

7 flexible scheduling, multiple entry and 

8 exit points (that may correspond with 

9 work and stackable credentials), giv10 ing credit for learning toward creden11 tials and adopting other strategies 

12 that accelerate the educational and 

13 career advancement of the participant 

14 to the extent practicable; and 

15 ‘‘(iii) at a minimum, provided through 

16 the alignment of core programs authorized 

17 under this Act with postsecondary edu18 cation and training programs, consistent 

19 with descriptions included in the State and 

20 local plans. 

21 ‘‘(C) OBJECTIVES.—The objectives re22 ferred to in subparagraph (A) include— 

23 ‘‘(i) enabling an individual to attain a 

24 secondary school diploma or its recognized 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 4227 IH

1 equivalent, and at least 1 recognized post2 secondary credential; and 

3 ‘‘(ii) helping a worker enter or ad4 vance within a specific occupation or occu5 pational cluster.’’; 

6 (3) by inserting after paragraph (8) (as so re7 designated), the following: 

8 ‘‘(9) CORE PROGRAM.—The term ‘core pro9 grams’ means— 

10 ‘‘(A) chapter 4 and 5 of subtitle B of title 

11 I (relating to youth workforce investment activi12 ties and adult and dislocated worker employ13 ment and training activities); 

14 ‘‘(B) title II (relating to adult education 

15 and literacy activities); 

16 ‘‘(C) sections 1 through 13 of the Wagner17 Peyser Act (29 U.S.C. 49 et seq.) (relating to 

18 employment services); and 

19 ‘‘(D) title I of the Rehabilitation Act of 

20 1973 (29 U.S.C. 701 et seq.), other than sec21 tion 112 or part C of that title (29 U.S.C. 732, 

22 741) (relating to vocational rehabilitation serv23 ices). 

24 ‘‘(10) COSTS OF INFRASTRUCTURE.—The term 

25 ‘costs of infrastructure’, used with respect to a oneVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 4227 IH

1 stop center, means the nonpersonnel costs that are 

2 necessary for the operation of the one-stop center, 

3 including the rental costs of the facilities, the costs 

4 of utilities and maintenance, equipment (including 

5 assessment-related products and adaptive technology 

6 for individuals with disabilities), and technology to 

7 facilitate access to the one-stop center.’’; 

8 (4) by inserting after paragraph (14) (as so re9 designated), the following: 

10 ‘‘(15) ECONOMIC SELF-SUFFICIENCY.—The 

11 term ‘economic self-sufficiency’ means, with respect 

12 to a worker, earning a wage sufficient to support a 

13 family adequately and, over time, to save for emer14 gency expenses and adequate retirement income, 

15 based on factors such as— 

16 ‘‘(A) family size; 

17 ‘‘(B) the cost of living in the worker’s com18 munity; and 

19 ‘‘(C) other factors that may vary by re20 gion.’’; 

21 (5) by inserting after paragraph (20) (as so re22 designated), the following: 

23 ‘‘(21) IN-DEMAND INDUSTRY SECTOR OR OCCU24 PATION.— 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 4227 IH

1 ‘‘(A) IN GENERAL.—The term ‘in-demand 

2 industry sector or occupation’ means— 

3 ‘‘(i) an industry sector that— 

4 ‘‘(I) has a substantial current or 

5 forecasted impact on the regional 

6 economy overall, including attracting, 

7 expanding or retaining businesses or 

8 jobs (including, at a minimum, jobs 

9 that lead to economic self-sufficiency 

10 and opportunities for advancement) in 

11 the region; 

12 ‘‘(II) contributes to the growth of 

13 other supporting businesses, or the 

14 growth of other industry sectors with15 in the region; 

16 ‘‘(III) provides workers with jobs 

17 that have competitive, family-sus18 taining wages and benefits; and 

19 ‘‘(IV) includes occupations that 

20 provide opportunities for career ad21 vancement; or 

22 ‘‘(ii) an occupation that— 

23 ‘‘(I) has a significant presence in 

24 an industry sector; 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 4227 IH

1 ‘‘(II) has a shortage of available 

2 skilled workers; 

3 ‘‘(III) pays competitive, family4 sustaining wages and benefits that en5 able workers to achieve economic self6 sufficiency, or can reasonably be ex7 pected to lead to a position with such 

8 wages and benefits; 

9 ‘‘(IV) provides opportunities for 

10 career advancement; and 

11 ‘‘(V) has a significant impact in 

12 a region’s economy. 

13 ‘‘(B) DETERMINATION.—The determina14 tion of whether an industry sector or occupation 

15 is an in-demand industry sector or occupation 

16 under this paragraph shall be made using na17 tional, State, or regional labor market informa18 tion.’’; 

19 (6) by inserting after paragraph (22) (as so re20 designated), the following: 

21 ‘‘(23) INDIVIDUAL WITH EMPLOYMENT BAR22 RIERS.—The term ‘individual with employment bar23 riers’ means an individual with any characteristic 

24 that substantially limits an individual’s ability to ob25 tain employment, including indicators of poor work 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 4227 IH

1 history, lack of work experience or access to employ2 ment in nontraditional occupations, long-term unem3 ployment, lack of educational or occupational skills 

4 attainment, dislocation from high-wage and high5 benefit employment, low levels of literacy or English 

6 proficiency, disability status, homelessness, ex-of7 fender status, or welfare dependency. 

8 ‘‘(24) INDUSTRY OR SECTOR PARTNERSHIP.— 

9 The term ‘industry or sector partnership’ means a 

10 workforce collaborative that— 

11 ‘‘(A) organizes key stakeholders in an in12 dustry cluster into a working group that focuses 

13 on the workforce needs of the industry cluster 

14 and that includes, at the appropriate stage of 

15 development of the partnership— 

16 ‘‘(i) representatives of multiple busi17 nesses or other employers in the industry 

18 cluster, including small and medium-sized 

19 employers when practicable; 

20 ‘‘(ii) representatives of a recognized 

21 State labor organization or central labor 

22 council, a union representing employees in 

23 the industry or sector and another labor 

24 representative, as appropriate; 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•HR 4227 IH

1 ‘‘(iii) 1 or more representatives of an 

2 institution of higher education with, or an3 other provider of, education or training 

4 programs that support the industry clus5 ter, including career and technical edu6 cation providers; and 

7 ‘‘(iv) the State workforce agency pro8 viding labor market information and em9 ployment services under the Wagner10 Peyser Act; and 

11 ‘‘(B) may include representatives of— 

12 ‘‘(i) State or local government; 

13 ‘‘(ii) State or local economic develop14 ment agencies; 

15 ‘‘(iii) State boards or local boards, as 

16 appropriate; 

17 ‘‘(iv) any local board that has estab18 lished through its local plan a concentra19 tion of an industry cluster within its area; 

20 ‘‘(v) business or trade associations; 

21 ‘‘(vi) nonprofit organizations, commu22 nity-based organizations, or intermediaries; 

23 ‘‘(vii) philanthropic organizations; and 

24 ‘‘(viii) other organizations, as deter25 mined to be necessary by the members 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•HR 4227 IH

1 comprising the industry or sector partner2 ship.’’. 

3 (7) in paragraph (36) (as so redesignated), by 

4 striking ‘‘as appropriate to the occupation for which 

5 the participant is being trained’’ and inserting ‘‘to a 

6 period not in excess of that generally required for 

7 acquisition of skills needed for the position with a 

8 particular occupation and’’; 

9 (8) by inserting after paragraph (44) (as so re10 designated), the following: 

11 ‘‘(45) RECOGNIZED POSTSECONDARY CREDEN12 TIAL.—The term ‘recognized postsecondary creden13 tial’ means a credential awarded by a training pro14 vider or educational institution based on completion 

15 of all requirements for a program of study, including 

16 coursework or tests or other performance evalua17 tions. The term includes an industry-recognized cer18 tificate, a certificate of completion of an apprentice19 ship, or an associate or baccalaureate degree.’’; and 

20 (9) by inserting after paragraph (57) (as so re21 designated), the following: 

22 ‘‘(58) WORKPLACE LEARNING ADVISOR.—The 

23 term ‘workplace learning advisor’ means an indi24 vidual employed by an organization who has the 

25 knowledge and skill necessary to advise other emVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
17 

•HR 4227 IH

1 ployees of that organization about the education, 

2 skill development, job training, career counseling 

3 services, and credentials, including services provided 

4 through the workforce investment system, required 

5 to progress toward career goals of such employees in 

6 order to meet employer requirements related to job 

7 openings and career advancements that support eco8 nomic self-sufficiency.’’. 

9 Subtitle B—Statewide and Local 

10 Workforce Investment Systems 

11 SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND 

12 REQUIREMENTS FOR STATE PLANS. 

13 (a) SIZE AND FUNCTIONS OF THE STATE BOARDS.— 

14 Section 111 is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)(C)— 

17 (i) by amending clause (i)(I), by strik18 ing ‘‘including’’ and inserting ‘‘shall in19 clude’’; and 

20 (ii) by amending clause (vi) to read as 

21 follows: 

22 ‘‘(vi)(I) lead State officials with pri23 mary responsibility for the program and 

24 activities that are described in section 

25 121(b)(2)(B)(1) (i) through (iv); and 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•HR 4227 IH

1 ‘‘(II) the State agency officials re2 sponsible for economic development;’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(4) WORKER REPRESENTATION.—Not less 

5 than 20 percent of the Board shall be comprised of 

6 representatives of the workforce within the State, 

7 and— 

8 ‘‘(A) shall include representatives described 

9 in clause (iii) of section 117(b)(2)(A); 

10 ‘‘(B) may include representatives of com11 munity-based organizations that have dem12 onstrated experience and expertise in address13 ing the employment needs of individuals with 

14 barriers to employment, including organizations 

15 that provide or support competitive, integrated 

16 employment for individuals with disabilities; 

17 and 

18 ‘‘(C) may include representatives of organi19 zations that have demonstrated experience and 

20 expertise in addressing the employment, train21 ing, or education needs of eligible youth, includ22 ing representatives of organizations that serve 

23 out-of-school youth.’’. 

24 (2) in subsection (d)— 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•HR 4227 IH

1 (A) in paragraph (8), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (9), by striking the pe4 riod and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(10) promotion in the development of guidance 

7 on career pathways by aligning workforce investment 

8 programs for the purpose of providing individuals 

9 with barriers to employment, including low-skilled 

10 adults and youth, with the employment, training, 

11 education, and supportive services the individuals 

12 need to attain the necessary credentials to secure 

13 and advance in employment; 

14 ‘‘(11) promotion in the development of sector 

15 initiatives such as industry or sector partnerships re16 lating to in-demand industry sectors and occupa17 tions; 

18 ‘‘(12) provision of guidance on the alignment 

19 and delivery of services between the local boards, 

20 one-stop operator, and State entities carrying out 

21 relevant State-administered programs; 

22 ‘‘(13) provision of technical assistance to local 

23 boards, one-stop partners, one-stop operators, and 

24 providers, as appropriate, in local areas concerning 

25 planning and delivering services; and 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•HR 4227 IH

1 ‘‘(14) staff training and education across pro2 grams supported under workforce investment sys3 tems in local areas.’’. 

4 (b) REQUIRED CONTENT OF STATE PLANS.—Section 

5 112 is amended— 

6 (1) in subsection (a), by striking ‘‘a single State 

7 plan (referred to in this title as the ‘State plan’)’’ 

8 and inserting ‘‘a single State plan (referred to in 

9 this title as the ‘State plan’) that shall include the 

10 State plans of all core program and’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (4)— 

13 (i) in subparagraph (C), by striking ‘‘; 

14 and’’ and inserting a semicolon; and 

15 (ii) by adding at the end the following 

16 new subparagraphs: 

17 ‘‘(E) the State’s strategic vision and goals 

18 for preparing an educated and skilled workforce 

19 (including preparing youth and individuals with 

20 barriers to employment) and for meeting the 

21 skilled workforce needs of employers, including 

22 goals relating to performance accountability 

23 measures based on primary indicators of per24 formance described in section 136(b)(2), in 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•HR 4227 IH

1 order to support economic growth and economic 

2 self-sufficiency; and 

3 ‘‘(F) a strategy not inconsistent with the 

4 program requirements of the core programs for 

5 aligning the core programs, as well as other re6 sources available to the State, to achieve the 

7 strategic vision and goals described in subpara8 graph (E), including how the State will meet 

9 performance accountability measures based on 

10 the system-wide indicators described in section 

11 136(b)(2)(A) in order to support program 

12 alignment.’’; 

13 (B) in paragraph (8)(A)— 

14 (i) in clauses (ix) and (x), respectively, 

15 by striking ‘‘; and’’ and inserting a semi16 colon; and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(xi) apprenticeship programs reg20 istered under the National Apprenticeship 

21 Act (50 Stat. 664, chapter 663; 29 U.S.C. 

22 50 et seq.); 

23 ‘‘(xii) State labor certification activi24 ties for employment-based immigration 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•HR 4227 IH

1 programs authorized under the Immigra2 tion and Nationality Act; and 

3 ‘‘(xiii) employment, training, and lit4 eracy services carried out by public librar5 ies.’’; 

6 (C) in paragraph (12)(B), by inserting be7 fore the semicolon the following: ‘‘, and, after 

8 consultation with the local boards, specifying 

9 the minimum amount of Federal assistance 

10 under section 133(b) (2) and (3) provided to 

11 each local area that is to be spent on training’’; 

12 (D) in paragraph (17)(B), by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (E) in paragraph (18)(D), by striking the 

15 period and inserting a semicolon; and 

16 (F) by adding at the end the following: 

17 ‘‘(19) a process for providing guidance to local 

18 areas and conducting oversight to ensure implemen19 tation of priority of service for adult employment 

20 and training activities; in accordance with section 

21 134(d)(4)(E); 

22 ‘‘(20) a description of how the State will de23 velop and implement career pathways and career 

24 and technical education by aligning workforce invest25 ment programs for the purpose of providing individVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
23 

•HR 4227 IH

1 uals, including low-skill adults and youth, with the 

2 employment, training, education, and supportive 

3 services the individuals need to attain the necessary 

4 credentials to secure and advance in employment; 

5 ‘‘(21) an objective assessment of the needs of 

6 individuals in the State or outlying area for adult 

7 education and literacy activities, including individ8 uals with employment barriers; 

9 ‘‘(22) a description of how the eligible agency 

10 will develop program strategies for populations that 

11 include, at a minimum— 

12 ‘‘(A) low-income students; 

13 ‘‘(B) individuals with disabilities; 

14 ‘‘(C) single parents and displaced home15 makers; and 

16 ‘‘(D) individuals with multiple barriers to 

17 educational enhancement, including individuals 

18 with limited English proficiency; and 

19 ‘‘(23) a description of how the adult education 

20 and literacy activities that will be carried out with 

21 any funds received under this subtitle will be inte22 grated with other adult education, career develop23 ment, and employment and training activities in the 

24 State or outlying area served by the eligible agen25 cy.’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•HR 4227 IH

1 (3) in subsection (c), by striking ‘‘Secretary of’’ 

2 and inserting ‘‘appropriate Secretary of each core 

3 program’’. 

4 SEC. 112. STATE UNIFIED PLAN. 

5 The Workforce Investment Act of 1998 is further 

6 amended— 

7 (1) by striking section 501; and 

8 (2) by inserting after section 112 the following: 

9 ‘‘SEC. 113. STATE UNIFIED PLAN. 

10 ‘‘(a) PURPOSE.—The purpose of the State unified 

11 plan required by this section is to align education, train12 ing, and workforce development programs in support of 

13 a comprehensive workforce investment system. 

14 ‘‘(b) DEFINITION OF APPROPRIATE SECRETARY.—In 

15 this section, the term ‘appropriate Secretary’ means the 

16 head of the Federal agency who exercises administrative 

17 authority over an activity or program described in sub18 section (c). 

19 ‘‘(c) STATE UNIFIED PLAN.— 

20 ‘‘(1) IN GENERAL.—A State shall develop and 

21 submit to the appropriate Secretaries a State unified 

22 plan for the core programs and may develop and 

23 submit one or more of the program and activities de24 scribed in paragraph (2) in lieu of submitting two or 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•HR 4227 IH

1 more plans, for the programs and activities and the 

2 core programs. 

3 ‘‘(2) PROGRAMS.—The programs and activities 

4 referred to in paragraph (1) are as follows: 

5 ‘‘(A) Career and technical education pro6 grams at the secondary and postsecondary level 

7 authorized under the Carl D. Perkins Career 

8 and Technical Education Act of 2006 (20 

9 U.S.C. 2301 et seq.). 

10 ‘‘(B) Programs authorized under part A of 

11 title IV of the Social Security Act (42 U.S.C. 

12 601 et seq.). 

13 ‘‘(C) Programs authorized under section 

14 6(d)(4) of the Food and Nutrition Act of 2008 

15 (7 U.S.C. 2015(d)(4)). 

16 ‘‘(D) Work programs authorized under sec17 tion 6(o) of the Food and Nutrition Act of 

18 2008 (7 U.S.C. 2015(o)). 

19 ‘‘(E) Activities authorized under chapter 2 

20 of title II of the Trade Act of 1974 (19 U.S.C. 

21 2271 et seq.). 

22 ‘‘(F) Activities authorized under chapter 

23 41 of title 38, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•HR 4227 IH

1 ‘‘(G) Programs authorized under State un2 employment compensation laws (in accordance 

3 with applicable Federal law). 

4 ‘‘(H) Programs authorized under title V of 

5 the Older Americans Act of 1965 (42 U.S.C. 

6 3056 et seq.). 

7 ‘‘(I) Employment and training activities 

8 carried out by the Department of Housing and 

9 Urban Development. 

10 ‘‘(J) Employment and training activities 

11 carried out under the Community Services 

12 Block Grant Act (42 U.S.C. 9901 et seq.). 

13 ‘‘(K) Programs authorized under section 

14 212 of the Second Chance Act of 2007 (42 

15 U.S.C. 17532). 

16 ‘‘(d) REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The portion of a unified 

18 plan covering the core programs shall be subject to 

19 the requirements of section 112 and to the addi20 tional requirements contained in the authorizing 

21 statute of the core program, if any. The portion of 

22 such plan covering a program or activity described 

23 in subsection (b)(2) shall be subject to the require24 ments, if any, applicable to a plan or application for 

25 assistance for that program or activity. 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•HR 4227 IH

1 ‘‘(2) ADDITIONAL SUBMISSION NOT RE2 QUIRED.—A State that submits a State unified plan 

3 covering an activity or program described in sub4 section (b) that is approved under subsection (d) 

5 shall not be required to submit any other plan or ap6 plication in order to receive Federal funds to carry 

7 out the activity or program. 

8 ‘‘(3) COORDINATION.—A State unified plan 

9 shall include— 

10 ‘‘(A) a description of the methods used for 

11 joint planning and coordination of the programs 

12 and activities included in the unified plan; and 

13 ‘‘(B) an assurance that the methods in14 cluded an opportunity for the entities respon15 sible for planning or administering such pro16 grams and activities to review and comment on 

17 all portions of the unified plan. 

18 ‘‘(e) APPROVAL BY THE APPROPRIATE SECRE19 TARIES.— 

20 ‘‘(1) JURISDICTION.—The appropriate Sec21 retary shall have the authority to approve the por22 tion of the State unified plan relating to the activity 

23 or program over which the appropriate Secretary ex24 ercises administrative authority. On the approval of 

25 the appropriate Secretary, the portion of the plan reVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
28 

•HR 4227 IH

1 lating to the activity or program shall be imple2 mented by the State pursuant to the applicable por3 tion of the State unified plan. 

4 ‘‘(2) APPROVAL OF CORE PROGRAMS.—No por5 tion of the plan relating to a core program shall be 

6 implemented until the appropriate Secretary ap7 proves the corresponding portions of the plan for all 

8 core programs. Other core programs may continue 

9 in operation while new plan provisions are revised or 

10 are awaiting approval. 

11 ‘‘(3) TIMING OF APPROVAL.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraphs (B) and (C), a portion of the 

14 State unified plan covering the core programs 

15 or a program or activity described in subsection 

16 (a)(2) shall be considered to be approved by the 

17 appropriate Secretary at the end of the 90-day 

18 period beginning on the day the plan is sub19 mitted. 

20 ‘‘(B) PLAN APPROVED BY 3 OR MORE AP21 PROPRIATE SECRETARIES.—If an appropriate 

22 Secretary other than the Secretary of Labor or 

23 the Secretary of Education has authority to ap24 prove a portion of a combined plan, that por25 tion of the combined plan shall be considered to 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•HR 4227 IH

1 be approved by the appropriate Secretary at the 

2 end of the 90-day period beginning on the day 

3 the plan is submitted. 

4 ‘‘(C) DISAPPROVAL.—The portion shall not 

5 be considered to be approved if the appropriate 

6 Secretary makes a written determination, dur7 ing the 90-day period, that the portion is not 

8 consistent with the requirements of the Federal 

9 law authorizing or applicable to the program or 

10 activity involved, including the criteria for ap11 proval of a plan or application, if any, under 

12 such law, or the plan is not consistent with the 

13 requirements of this section. 

14 ‘‘(4) LOCAL JURISDICTION.—The appropriate 

15 local board shall approve the portion of the State 

16 unified plan relating to the activity or program over 

17 which the appropriate local board exercises adminis18 trative authority. On the approval of the appropriate 

19 local board, the portion of the plan relating to the 

20 activity or program shall be implemented by the 

21 State pursuant to the applicable portion of the State 

22 unified plan.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•HR 4227 IH

1 SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND 

2 BOARDS. 

3 (a) PLANNING PROCESS FOR DIFFERENT TYPES OF

4 REGIONS.—Section 116(c)(1) is amended— 

5 (1) by striking ‘‘As part of’’ and inserting: 

6 ‘‘(A) As part of’’; 

7 (2) by striking ‘‘may’’ each place it appears and 

8 inserting ‘‘shall’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(B) PLANNING FOR COOPERATIVE INITIA11 TIVES AND ARRANGEMENTS.—In the regions 

12 comprised of 2 or more local areas, the State 

13 shall, in consultation with local boards, require 

14 regional planning, and service delivery, by local 

15 boards in those regions. For the purpose of ad16 ministrative efficiency, the State shall require 

17 the local boards in a planning region to partici18 pate in a regional planning process for coopera19 tive initiatives and arrangements that result 

20 in— 

21 ‘‘(i) the establishment and implemen22 tation of regional service strategies and ac23 tivities, including service delivery coopera24 tive arrangements and regional approaches 

25 to address the employment and training 

26 needs of the region, including strategies 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•HR 4227 IH

1 that meet the need of individuals with bar2 riers to employment; 

3 ‘‘(ii) as appropriate, the development 

4 and implementation of initiatives involving 

5 in-demand industry sectors or occupations; 

6 ‘‘(iii) the collection and analysis of re7 gional labor market data (in conjunction 

8 with the State); and 

9 ‘‘(iv) the establishment of administra10 tive and infrastructural cost sharing, as 

11 appropriate. 

12 ‘‘(C) REGIONAL PLANS.—The State, after 

13 consultation with the local boards and chief 

14 elected officials for the planning region, shall 

15 require the local boards and officials to collabo16 rate in order to prepare, submit, and obtain ap17 proval of a single regional plan. Such plan shall 

18 include a description of the cooperative initia19 tives and arrangements developed pursuant to 

20 clause (iii) and incorporate local plans for each 

21 of the local areas in the planning region, which 

22 shall contain strategies that are consistent and 

23 aligned with each other.’’. 

24 (b) COMPOSITION OF THE BOARD AND INCLUSION OF

25 PUBLIC LIBRARIES.—Section 117(b)(2)(A)(iv) is amendVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
32 

•HR 4227 IH

1 ed by striking ‘‘individuals with disabilities and’’ and in2 serting ‘‘public libraries, individuals with disabilities, 

3 and’’. 

4 (c) WORKER REPRESENTATION.—Section 117(b) is 

5 further amended by adding at the end the following: 

6 ‘‘(5) WORKER REPRESENTATION.—Not less 

7 than 20 percent of the Board shall be comprised of 

8 representatives of the workforce within the local 

9 area, and— 

10 ‘‘(A) shall include representatives described 

11 in clause (iii) of paragraph (2)(A); 

12 ‘‘(B) may include representatives of com13 munity-based organizations that have dem14 onstrated experience and expertise in address15 ing the employment needs of individuals with 

16 barriers to employment, including organizations 

17 that provide or support competitive, integrated 

18 employment for individuals with disabilities; 

19 and 

20 ‘‘(C) may include representatives of organi21 zations that have demonstrated experience and 

22 expertise in addressing the employment, train23 ing, or education needs of eligible youth, includ24 ing representatives of organizations that serve 

25 out-of-school youth.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•HR 4227 IH

1 (d) REQUIRED FUNCTIONS OF THE LOCAL

2 BOARDS.—Section 117(d) is amended— 

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘The functions’’ and inserting ‘‘Consistent 

5 with section 118, the functions’’; 

6 (2) by amending paragraph (1) to read as fol7 lows: 

8 ‘‘(1) LOCAL PLAN.—The local board, in part9 nership with the chief elected official for the local 

10 area involved, shall develop and submit a local plan 

11 to the Governor that meets the requirements in sec12 tion 118. If the local area is part of a planning re13 gion that includes other local areas, the local board 

14 shall collaborate with the other local boards and 

15 chief elected officials from such other local areas in 

16 the development and submission of the local plan as 

17 described in section 116(c)(1)(A).’’; and 

18 (3) in paragraph (3)(B)(i)— 

19 (A) in subclause (II), by inserting ‘‘or the 

20 local board’’ after ‘‘entity’’; 

21 (B) in subclause (III), by inserting ‘‘adult 

22 education, literacy and employment services’’ 

23 after ‘‘workforce investment activities’’; 

24 (C) in subclause (III)(ii), by adding at the 

25 end the following: ‘‘which staff, including staff 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•HR 4227 IH

1 of a one-stop center, report to and are respon2 sible to the local board and not the chief elected 

3 official’’; 

4 (4) in paragraph (4) by striking ‘‘with respect’’ 

5 through ‘‘in local area’’ and inserting ‘‘in its local 

6 area over the core programs as described in this 

7 Act’’; 

8 (5) in paragraph (8)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘CONNECTING’’ and inserting ‘‘CONVENING’’; 

11 (B) by striking ‘‘connecting’’ and inserting 

12 ‘‘convening’’; and 

13 (C) by adding at the end the following: 

14 ‘‘and to link youth, dislocated workers and oth15 ers to opportunities for employment, intern16 ships, registered apprenticeships, or work-based 

17 learning’’; and 

18 (6) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(9) CAREER PATHWAYS DEVELOPMENT.—The 

21 local board, in consultation with the State board and 

22 with representatives of secondary, postsecondary, ca23 reer and technical education, and adult education 

24 programs, shall lead efforts in the local area to de25 velop and implement career pathways within the 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•HR 4227 IH

1 local area by aligning the employment, training, edu2 cation, and supportive services that are needed by 

3 adults and youth, particularly individuals with bar4 riers to employment. 

5 ‘‘(10) WORKFORCE RESEARCH AND REGIONAL

6 LABOR MARKET ANALYSIS.—In order to assist in the 

7 development and implementation of the local plan, 

8 the local board shall coordinate with the State public 

9 employment services under the Wagner-Peyser Act 

10 (29 U.S.C. 49 et seq.) to— 

11 ‘‘(A) utilize analyses of the economic con12 ditions in the region, the needed knowledge and 

13 skills for the region, the workforce in the re14 gion, and workforce development activities (in15 cluding education and training) in the region 

16 described in section 118(b)(1), and regularly 

17 update such information; 

18 ‘‘(B) assist the Governor in developing the 

19 statewide labor market information system de20 scribed in section 15(e) of the Wagner-Peyser 

21 Act (29 U.S.C. 49l–2(e)), specifically in the col22 lection, analysis, and utilization of labor market 

23 information for the region; and 

24 ‘‘(C) assemble and utilize such other re25 search, data collection, and analysis related to 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•HR 4227 IH

1 the workforce needs of the regional economy as 

2 the board, after receiving input from a wide 

3 array of stakeholders, determines to be nec4 essary to carry out its functions. 

5 ‘‘(11) PROVEN AND PROMISING PRACTICES.— 

6 The local board shall lead efforts in the local area 

7 to— 

8 ‘‘(A) identify and promote proven and 

9 promising strategies and initiatives for meeting 

10 the needs of employers, and workers and job 

11 seekers (including individuals with barriers to 

12 employment) in the local workforce investment 

13 system, including providing physical and pro14 grammatic accessibility, in accordance with sec15 tion 288 and applicable provisions of the Ameri16 cans with Disabilities Act of 1990 (42 U.S.C. 

17 12101 et seq.) and section 504 of the Rehabili18 tation Act of 1973 (29 U.S.C. 794), to the one19 stop delivery system; and 

20 ‘‘(B) identify and disseminate information, 

21 in coordination with the Department of Labor 

22 and the State board, on proven and promising 

23 practices carried out in other local areas for 

24 meeting such needs. 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•HR 4227 IH

1 ‘‘(12) TECHNOLOGY.—The local board shall de2 velop strategies for using technology to maximize the 

3 accessibility and effectiveness of the local workforce 

4 investment system for employers, and workers and 

5 job seekers, by— 

6 ‘‘(A) facilitating connections among the re7 porting systems of the one-stop partner pro8 grams to support a comprehensive workforce in9 vestment system in the local area; 

10 ‘‘(B) facilitating access to services provided 

11 throughout the one-stop delivery system in12 volved, including facilitating the access in re13 mote areas; 

14 ‘‘(C) identifying strategies for better meet15 ing the needs of individuals with barriers to em16 ployment, including strategies that augment 

17 traditional service delivery and technologies that 

18 increase access to services and programs of the 

19 one-stop delivery system for individuals with 

20 disabilities and other barriers to employment; 

21 and 

22 ‘‘(D) leveraging resources and capacity 

23 within the local workforce investment system, 

24 including resources and capacity for services for 

25 individuals with barriers to employment. 


smartinez on DSK6TPTVN1PROD with BILLS
38 

•HR 4227 IH

1 ‘‘(13) ADVERTISING.—The local board shall 

2 plan for advertising one-stop services throughout the 

3 local area. 

4 ‘‘(14) TRANSITION.—The local board shall de5 velop strategies to ensure that services provided in 

6 the local area are coordinated with and meet the 

7 transition goals and services developed for children 

8 with disabilities under section 614(d)(1)(A)(i)(VIII) 

9 of the Individuals with Disabilities Education Act. 

10 ‘‘(15) LITERACY.—The local board shall ensure 

11 that one-stop operators in the local area develop and 

12 implement policies to ensure that the literacy and 

13 English language skills of an adult or eligible youth 

14 are not barriers to accessing services, including 

15 training services, that are available to assist individ16 uals obtain and maintain employment. 

17 ‘‘(16) SECTOR INITIATIVES.—The local board 

18 shall develop and expand sector initiatives in the 

19 local area or region which may include the convening 

20 of industry or sector partnerships relating to in-de21 mand industry sectors and occupations.’’. 

22 (e) CONTENTS OF THE LOCAL PLAN.—Section 

23 118(b) is amended— 

24 (1) in paragraph (1), by striking ‘‘an identifica25 tion of—’’ and inserting ‘‘based on a labor market 


smartinez on DSK6TPTVN1PROD with BILLS
39 

•HR 4227 IH

1 study and input solicited from local businesses, an 

2 identification of—’’ 

3 (2) by redesignating paragraphs (7) through 

4 (10) as paragraphs (8) through (11), respectively, 

5 and by inserting after paragraph (6) the following: 

6 ‘‘(7) a description of how the local board will 

7 coordinate workforce investment activities carried 

8 out in the local area with apprenticeship programs 

9 registered under the National Apprenticeship Act 

10 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);’’; 

11 and 

12 (3) by adding at the end the following: 

13 ‘‘(12) a description of the procedure or process 

14 for implementing a priority of service for adult em15 ployment and training activities in accordance with 

16 section 134(d)(4)(E); and 

17 ‘‘(13) a description of how the local board will 

18 coordinate workforce investment activities carried 

19 out in the local area with employment, training, and 

20 literacy services carried out by public libraries.’’. 

21 SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVI22 TIES. 

23 Section 121 is amended— 

24 (1) in subsection (b)— 

25 (A) in paragraph (1)(B)— 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•HR 4227 IH

1 (i) in clause (xi), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (ii) in clause (xii), by striking the pe4 riod and inserting a semicolon; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(xiii) programs authorized under sec8 tion 212 of the Second Chance Act of 2007 

9 (42 U.S.C. 17532); and 

10 ‘‘(xiv) programs authorized under part 

11 A of title IV of the Social Security Act (42 

12 U.S.C. 601 et seq.), subject to subpara13 graph (C). 

14 ‘‘(A) DETERMINATION BY THE GOV15 ERNOR.— 

16 ‘‘(i) IN GENERAL.—An entity that 

17 carries out a program referred to in sub18 paragraph (B)(xiv) shall be included in the 

19 one-stop partners for the local area, as a 

20 required partner, for purposes of this Act 

21 and the other core program provisions that 

22 are not part of this Act, unless the Gov23 ernor provides the notification described in 

24 clause (ii). 


smartinez on DSK6TPTVN1PROD with BILLS
41 

•HR 4227 IH

1 ‘‘(ii) NOTIFICATION.—The notification 

2 referred to in clause (i) is a notification 

3 that— 

4 ‘‘(I) is made in writing of a de5 termination by the Governor not to in6 clude such entity in the one-stop part7 ners described in clause (i); and 

8 ‘‘(II) is provided to the Secretary 

9 and the Secretary of Health and 

10 Human Services.’’; and 

11 (B) in paragraph (2)(B), by striking clause 

12 (i) and redesignating clauses (ii) through (v) as 

13 clauses (i) through (iv), respectively; and 

14 (2) in subsection (e)— 

15 (A) by striking ‘‘If a one-stop’’ and insert16 ing: 

17 ‘‘(1) EXISTING SYSTEMS.—If a one-stop’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) COLLOCATION OF WAGNER-PEYSER SERV20 ICES.—Consistent with section 3(d) of the Wagner21 Peyser Act (29 U.S.C. 49b(d)), and in order to im22 prove service delivery, avoid duplication of services, 

23 and enhance coordination of services, the employ24 ment service offices in each State and the one-stop 


smartinez on DSK6TPTVN1PROD with BILLS
42 

•HR 4227 IH

1 centers established under this title shall be collo2 cated to the extent practicable. 

3 ‘‘(3) USE OF COMMON ONE-STOP DELIVERY

4 SYSTEM IDENTIFIER.—Each one-stop delivery sys5 tem shall include in the identification of products, 

6 programs, activities, services, facilities, and related 

7 property and materials, a common one-stop delivery 

8 identifier. The identifier shall be developed by the 

9 Secretary of Labor, in consultation with heads of 

10 other appropriate departments and agencies, and 

11 representatives of State boards and local boards and 

12 of other stakeholders in the one-stop delivery system, 

13 not later than the beginning of the second full pro14 gram year after the date of enactment of this Act. 

15 Such common identifier may consist of a logo, 

16 phrase, or other identifier that informs users of the 

17 one-stop delivery system that such product, pro18 grams, activities, services, facilities, property, or ma19 terials are being provided through such system. 

20 Nothing in this paragraph shall be construed to pro21 hibit one-stop partners, States, or local areas from 

22 having additional identifiers.’’. 

23 SEC. 115. PROVIDERS OF TRAINING SERVICES. 

24 Section 122 is amended— 

25 (1) in subsection (a)— 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•HR 4227 IH

1 (A) in paragraph (2)— 

2 (i) in subparagraph (A)(ii), by strik3 ing ‘‘or certificate’’ and inserting ‘‘recog4 nized postsecondary credential’’; and 

5 (ii) in subparagraph (C), by inserting 

6 ‘‘, which may include joint labor-manage7 ment organizations, sector partnerships, 

8 and eligible providers of adult education 

9 and literacy activities under title II if such 

10 activities are provided in combination with 

11 occupational skills training’’ before the pe12 riod; and 

13 (B) by adding at the end the following: 

14 ‘‘(3) INCLUSION ON LIST OF ELIGIBLE PRO15 VIDERS.—A private provider described in subpara16 graph (C) of paragraph (2) shall comply with the 

17 criteria, information requirements, and procedures 

18 established under this section to be included on the 

19 list of eligible training services described in para20 graph (3). A public provider described in subpara21 graph (A) and a provider described in subparagraph 

22 (B) of paragraph (2) shall be included and main23 tained on the list of eligible providers of training 

24 services described in subsection (d) for so long as 

25 they comply with the requirements of this section 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•HR 4227 IH

1 and for so long as a provider described in subpara2 graph (B) remains registered as described in such 

3 subparagraph.’’; 

4 (2) in subsection (d)(1)(A) is amended by add5 ing at the end the following: 

6 ‘‘(iii) information on the performance 

7 of the provider with respect to the per8 formance accountability measures de9 scribed in section 136 for such participants 

10 (taking into consideration the characteris11 tics of the population served and relevant 

12 economic conditions), and information 

13 specifying the percentage of such partici14 pants who entered unsubsidized employ15 ment in an occupation related to the pro16 gram, to the extent practicable; and 

17 ‘‘(iv) information on secondary or 

18 postsecondary diploma or its recognized 

19 equivalent, or recognized postsecondary 

20 credentials received by such participants; 

21 and’’; 

22 (3) in subsection (e), by inserting after the first 

23 sentence the following: ‘‘The list of providers shall 

24 also be based on the identified labor market needs 

25 of employers in the local area based on input solicVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
45 

•HR 4227 IH

1 ited from local business and identified in the local 

2 plan pursuant to section 118(b)(1).’’; and 

3 (4) in subsection (h)— 

4 (A) in the subsection heading, by striking 

5 ‘‘OR CUSTOMIZED TRAINING’’ and inserting 

6 ‘‘INCUMBENT WORKER TRAINING, CUSTOMIZED

7 TRAINING, AND OTHER TRAINING EXCEP8 TIONS’’; and 

9 (B) in paragraph (1), by striking ‘‘or cus10 tomized training’’ and inserting ‘‘incumbent 

11 worker training, customized training, intern12 ships, and paid or unpaid work experience op13 portunities, or transitional employment’’. 

14 SEC. 116. YOUTH ACTIVITIES. 

15 (a) DEFINITION OF DISADVANTAGED YOUTH AND

16 STATE ALLOTMENTS.—Section 127 is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) IN GENERAL.—The Secretary shall use the 

20 amount appropriated under section 137(a) for a fiscal 

21 year to make allotments and grants in accordance with 

22 subparagraphs (A) and (B) of subsection (b)(1) and make 

23 funds available for use under section 166 (relating to Na24 tive American programs).’’; 

25 (2) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
46 

•HR 4227 IH

1 (A) in paragraph (1), by striking subpara2 graph (A) and redesignating subparagraphs (B) 

3 and (C) as subparagraphs (A) and (B), respec4 tively; and 

5 (B) in paragraph (2) by amending sub6 paragraph (C) to read as follows: 

7 ‘‘(C) DISADVANTAGED YOUTH.—Subject to 

8 paragraph (3), the term ‘disadvantaged youth’ 

9 means an individual who— 

10 ‘‘(i) is age 16 through 24; and 

11 ‘‘(ii) received an income, or is a mem12 ber of a family that received a total family 

13 income, that, in relation to family size, 

14 does not exceed 150 percent of the poverty 

15 line.’’; and 

16 (3) in subsection (c), by amending paragraph 

17 (2) to read as follows: 

18 ‘‘(2) AMOUNT.—The amount available for real19 lotment for a program year is equal to the amount 

20 by which the unobligated balance from State allot21 ments to the State at the end of the program year 

22 prior to the program year for which the determina23 tion is made, exceeds 10 percent of the total amount 

24 of funds available to the State for that prior pro25 gram year, consisting of the State allotment to the 


smartinez on DSK6TPTVN1PROD with BILLS
47 

•HR 4227 IH

1 State for such prior program year (including 

2 amounts from State allotments to the State, for all 

3 program years before that prior program year) that 

4 remained available.’’. 

5 (b) WITHIN STATE ALLOCATIONS.—Section 

6 128(c)(2) is amended to read as follows: 

7 ‘‘(2) AMOUNT.— 

8 ‘‘(A) IN GENERAL.—The amount available 

9 for allocation for a program year is equal to the 

10 amount by which the balance that is unobli11 gated and unencumbered for training services 

12 at the end of the program year prior to the pro13 gram year for which the determination is made, 

14 exceeds 10 percent of the total amount of funds 

15 available to the local area for that prior pro16 gram year, consisting of the local allocation to 

17 the local area for such prior program year (in18 cluding amounts from local allocations to the 

19 local area, for all program years before that 

20 prior program year) that remained available. 

21 ‘‘(B) BALANCE OF FUNDS.—For purposes 

22 of this paragraph, the balance that is unobli23 gated and unencumbered for training services is 

24 the amount that is the difference between— 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•HR 4227 IH

1 ‘‘(i) the total amount of funds avail2 able to the local area under this section for 

3 that prior program year consisting of the 

4 local allocation to the local area for such 

5 prior program year (including amounts 

6 from local allocations to the local area for 

7 all program years before that prior pro8 gram year) that remained available; and 

9 ‘‘(ii) the amount, from that total 

10 amount of available funds, that is obligated 

11 or encumbered (in accordance with gen12 erally accepted accounting principles) for 

13 training services during such prior pro14 gram year, except that for purposes of this 

15 paragraph the amount included as encum16 bered for raining services shall not exceed 

17 10 percent of the total amount of available 

18 funds described in clause (i).’’. 

19 (c) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 

20 Section 129(b)(2) is amended— 

21 (1) in subparagraph (C)— 

22 (A) by inserting ‘‘, or that fail to meet 

23 local performance accountability measures,’’ 

24 after ‘‘concentrations of eligible youth’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
49 

•HR 4227 IH

1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) providing technical assistance to, as 

6 appropriate, local boards, one-stop operators, 

7 and eligible providers, including support for the 

8 training or staff in evidence-based practices for 

9 serving eligible youth (including joint training) 

10 and facilitating remote access to services pro11 vided through the one-stop delivery system.’’. 

12 (d) LOCAL ELEMENTS AND REQUIREMENTS.—Sec13 tion 129(c) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘shall identify an’’ and inserting ‘‘shall identify 

17 career pathways that include education and em18 ployment goals’’; and 

19 (B) in subparagraph (C)— 

20 (i) in clause (i), by striking ‘‘, in ap21 propriate cases’’; 

22 (ii) in clause (ii), by striking ‘‘strong 

23 linkages between academic and occupa24 tional learning’’ and inserting ‘‘activities 

25 leading to the attainment of a secondary 


smartinez on DSK6TPTVN1PROD with BILLS
50 

•HR 4227 IH

1 school diploma or its recognized equivalent, 

2 or a recognized postsecondary credential’’; 

3 and 

4 (iii) in clause (iv)— 

5 (I) by inserting ‘‘employers, in6 cluding small employers, and in-de7 mand occupations’’ after ‘‘effective 

8 connections to’’; and 

9 (II) by striking subclauses (I) 

10 and (II); 

11 (2) in paragraph (2)— 

12 (A) by striking subparagraph (C) and re13 designating subparagraphs (D) through (J) as 

14 subparagraphs (C) through (I), respectively; 

15 (B) in subparagraph (C) (as so redesig16 nated)— 

17 (i) by striking ‘‘work experiences as 

18 appropriate,’’ and inserting ‘‘work experi19 ences that include academic, area career 

20 and technical education or occupational 

21 education to ensure youth are college and 

22 career ready,’’; and 

23 (ii) after ‘‘including internships,’’ by 

24 inserting ‘‘summer employment, pre-apVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
51 

•HR 4227 IH

1 prenticeships programs, on-the-job train2 ing,’’; 

3 (C) in subparagraph (E) (as so redesig4 nated), by inserting ‘‘such as youth service and 

5 conservation corps,’’ after ‘‘include community 

6 service’’; 

7 (D) in subparagraph (F) (as so redesig8 nated), by inserting ‘‘, financial literacy edu9 cation, and entrepreneurial skills training’’ after 

10 ‘‘supportive services’’; and 

11 (E) in subparagraph (I) (as so redesig12 nated), after ‘‘which’’, by inserting ‘‘shall in13 clude career counseling and career exploration 

14 services, as appropriate, and’’; 

15 (3) in paragraph (3)(C), by inserting ‘‘and fam16 ily members, mentors,’’ after ‘‘parents’’; and 

17 (4) by amending paragraph (4)(A) to read as 

18 follows: 

19 ‘‘(A) IN GENERAL.—For any program 

20 year, not less than 60 percent of the funds de21 scribed in paragraph (1) shall be used to pro22 vide youth workforce investment activities for 

23 out-of-school youth.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
52 

•HR 4227 IH

1 SEC. 117. ADULT AND DISLOCATED WORKER TRAINING AC2 TIVITIES. 

3 (a) DEFINITION OF DISADVANTAGED ADULT.—Sec4 tion 132(b)(1)(v)(IV) is amended by striking ‘‘does not ex5 ceed and all that follow’’ and inserting ‘‘150 percent of 

6 the poverty line.’’. 

7 (b) REALLOTMENT.—Section 132(c)(2) is amended 

8 to read as follows: 

9 ‘‘(2) AMOUNT.—The amount available for real10 lotment for a program year is equal to the amount 

11 by which the unobligated balance from State allot12 ments to the State at the end of the program year 

13 prior to the program year for which the determina14 tion is made, exceeds 10 percent of the total amount 

15 of funds available to the State for that prior pro16 gram year, consisting of the State allotment to the 

17 State for such prior program year (including 

18 amounts from State allotments to the State, for all 

19 program years before that prior program year) that 

20 remained available.’’. 

21 (c) TRANSFER AUTHORITY.—Section 133(b)(4) is 

22 amended by striking ‘‘20 percent’’ both places it appears 

23 and inserting ‘‘30 percent’’. 

24 (d) WITHIN STATE REALLOCATION.—Section 133(c) 

25 2 is amended to read as follows: 

26 ‘‘(2) AMOUNT.— 


smartinez on DSK6TPTVN1PROD with BILLS
53 

•HR 4227 IH

1 ‘‘(A) IN GENERAL.—The amount available 

2 for allocation for a program year is equal to the 

3 amount by which the balance that is unobli4 gated and unencumbered for training services 

5 at the end of the program year prior to the pro6 gram year for which the determination is made, 

7 exceeds 10 percent of the total amount of funds 

8 available to the local area for that prior pro9 gram year, consisting of the local allocation to 

10 the local area for such prior program year (in11 cluding amounts from local allocations to the 

12 local area, for all program years before that 

13 prior program year) that remained available. 

14 ‘‘(B) BALANCE OF FUNDS.—For purposes 

15 of this paragraph, the balance that is unobli16 gated and unencumbered for training services is 

17 the amount that is the difference between— 

18 ‘‘(i) the total amount of funds avail19 able to the local area under this section for 

20 that prior program year consisting of the 

21 local allocation to the local area for such 

22 prior program year (including amounts 

23 from local allocations to the local area for 

24 all program years before that prior pro25 gram year) that remained available; and 


smartinez on DSK6TPTVN1PROD with BILLS
54 

•HR 4227 IH

1 ‘‘(ii) the amount, from that total 

2 amount of available funds, that is obligated 

3 or encumbered (in accordance with gen4 erally accepted accounting principles) for 

5 training services during such prior pro6 gram year, except that for purposes of this 

7 paragraph the amount included as encum8 bered for raining services shall not exceed 

9 10 percent of the total amount of available 

10 funds described in clause (i).’’. 

11 (e) USE OF UNOBLIGATED RAPID-RESPONSE

12 FUNDS.—Section 134(a)(2) is amended— 

13 (1) in subparagraph (A)— 

14 (A) by redesignating clauses (i) and (ii) as 

15 subclauses (I) and (II), respectively; 

16 (B) by striking ‘‘A State shall use’’ and in17 serting: 

18 ‘‘(i) IN GENERAL.—A State shall 

19 use’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(ii) USE OF UNOBLIGATED FUNDS.— 

22 Funds reserved by a Governor under sec23 tion 133(a)(2) to carry out this subpara24 graph that remain unobligated after the 

25 first program year for which such funds 


smartinez on DSK6TPTVN1PROD with BILLS
55 

•HR 4227 IH

1 were allotted may be used by the Governor 

2 to carry out statewide activities authorized 

3 under subparagraph (B) or paragraph 

4 (3)(A), in addition to activities under this 

5 subparagraph.’’; and 

6 (2) in subparagraph (B)— 

7 (A) in clause (v), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (B) in clause (vi), by striking the period 

10 and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 clause: 

13 ‘‘(vii) developing, implementing, and 

14 using layoff aversion strategies in collabo15 ration with appropriate economic develop16 ment and private sector entities, for imple17 mentation of strategies that may include 

18 early identification of firms at risk of lay19 offs, use of feasability studies to assess the 

20 needs of and options for at-risk firms and 

21 the delivery of employment, training, eco22 nomic development, investment and finan23 cial restructuring activities to address 

24 identified risk factors.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
56 

•HR 4227 IH

1 (f) SHARED SERVICES.—Section 134(d)(1)(B) is 

2 amended— 

3 (1) by striking ‘‘A portion’’ and inserting the 

4 following: 

5 ‘‘(i) IN GENERAL.—A portion’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(ii) ADDITIONAL COSTS OF ONE8 STOP.—Subject to the memorandum of un9 derstanding described in section 121(c) for 

10 the one-stop delivery system involved, in 

11 addition to the funds provided for one-stop 

12 infrastructure described in section 137(d), 

13 a portion of funds made available under 

14 Federal law authorizing the programs de15 scribed in section 121(b) and administered 

16 by one-stop partners, or the noncash re17 sources available under such programs, 

18 shall be used to pay the additional costs 

19 relating to the operation of the one-stop 

20 delivery system that are not paid from the 

21 funds provided under section 137(d), as 

22 determined in accordance with clause (iv), 

23 to the extent not inconsistent with the 

24 Federal law involved. Such costs shall in25 clude the costs of the provision of core 


smartinez on DSK6TPTVN1PROD with BILLS
57 

•HR 4227 IH

1 services described in section 134(d)(2) ap2 plicable to each program and may include 

3 common costs that are not paid from the 

4 funds provided under section 137(d). 

5 ‘‘(iii) SHARED SERVICES.—Costs of 

6 shared services may include costs of serv7 ices that are authorized for and may be 

8 commonly provided through the one-stop 

9 partner programs to any individuals, such 

10 as initial intake, assessment of needs, ap11 praisal of basic skills, identification of ap12 propriate services to meet such needs, re13 ferrals to other one-stop partners, and 

14 other similar services. 

15 ‘‘(iv) DETERMINATION AND GUID16 ANCE.—The method for determining the 

17 appropriate portion of funds and noncash 

18 resources to be provided by the one-stop 

19 partner for each program for a one-stop 

20 center shall be determined as part of the 

21 development of the memorandum or under22 standing under subsection (c) for the one23 stop center and shall be stated in the 

24 memorandum. The State board shall pro25 vide guidance to facilitate the determinaVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
58 

•HR 4227 IH

1 tion, for purposes of the memorandum of 

2 understanding, of an appropriate allocation 

3 of the funds and noncash resources in local 

4 areas.’’. 

5 (g) TRAINING SERVICES.—Section 134(d)(4) is 

6 amended— 

7 (1) in subparagraph (B), by adding at the end 

8 the following: 

9 ‘‘(iii) RULE OF CONSTRUCTION.— 

10 Nothing in this paragraph shall be con11 strued to require an individual to receive 

12 core or intensive services under paragraphs 

13 (2) or (3), respectively, prior to receiving 

14 training services under this paragraph.’’; 

15 (2) in subparagraph (D)— 

16 (A) in clause (ix), by striking ‘‘; and’’ and 

17 inserting a semicolon; and 

18 (B) by adding at the end the following: 

19 ‘‘(x) education, training, and skill up20 grading for individuals to work and main21 tain proficiency as workplace learning advi22 sors in programs sponsored by employers 

23 or joint labor-management partnerships.’’; 

24 (3) in subparagraph (E)— 


smartinez on DSK6TPTVN1PROD with BILLS
59 

•HR 4227 IH

1 (A) by striking ‘‘In the event’’ through 

2 ‘‘priority’’ and inserting ‘‘With respect to funds 

3 allocated to a local area for adult employment 

4 and training activities, priority’’; 

5 (B) by inserting ‘‘individuals with barriers 

6 to employment’’ after ‘‘public assistance and 

7 other’’; and 

8 (C) by striking ‘‘making determination re9 lated to’’ and inserting ‘‘implementing’’; 

10 (4) by striking subparagraph (G) and inserting 

11 the following: 

12 ‘‘(G) USE OF INDIVIDUAL TRAINING AC13 COUNTS.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), training services pro16 vided under this paragraph shall be pro17 vided through the use of individual train18 ing accounts in accordance with this para19 graph, and shall be provided to eligible in20 dividuals through the one-stop delivery sys21 tem. 

22 ‘‘(ii) TRAINING CONTRACTS.—Train23 ing services authorized under this para24 graph may be provided pursuant to a conVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
60 

•HR 4227 IH

1 tract for services in lieu of an individual 

2 training account if— 

3 ‘‘(I) the requirements of subpara4 graph (F) are met; 

5 ‘‘(II) such services are on-the-job 

6 training, registered apprenticeships, 

7 customized training, incumbent work8 er training, entrpreneurial skills train9 ing, or transitional employment; 

10 ‘‘(III) the local board determines 

11 there are an insufficient number of el12 igible providers of training services in 

13 the local area involved (such as in a 

14 rural area) to accomplish the purposes 

15 of a system of individual training ac16 counts; 

17 ‘‘(IV) the local board determines 

18 that there is a training services pro19 gram of demonstrated effectiveness of20 fered in the local area by a commu21 nity-based organization or another 

22 private organization to serve individ23 uals with barriers to employment; or 

24 ‘‘(V) the local board determines 

25 that it would be most appropriate to 


smartinez on DSK6TPTVN1PROD with BILLS
61 

•HR 4227 IH

1 award a contract to an institution of 

2 higher education or other eligible pro3 vider of training services, including 

4 area career and technical education 

5 centers in order to facilitate the train6 ing of multiple individuals in in-de7 mand industry sectors or occupations 

8 and that such contract does not limit 

9 customer choice. 

10 ‘‘(iii) LINKAGE TO OCCUPATIONS IN

11 DEMAND.—Training services provided 

12 under this paragraph shall be directly 

13 linked to an in-demand industry sector or 

14 occupation in the local area or region, or 

15 in another area to which an adult or dis16 located worker receiving such services is 

17 willing to relocate, except that a local 

18 board may approve training services for oc19 cupations determined by the local board to 

20 be in sectors of the economy that have a 

21 high potential for sustained demand or 

22 growth in the local area. 

23 ‘‘(iv) RULE OF CONSTRUCTION.— 

24 Nothing in this paragraph shall be con25 strued to preclude the combined use of inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
62 

•HR 4227 IH

1 dividual training accounts and contracts in 

2 the provision of training services, including 

3 arrangements that allow individuals receiv4 ing individual training accounts to obtain 

5 training services that are contracted for 

6 under clause (ii).’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(H) REIMBURSEMENT FOR ON-THE-JOB

9 TRAINING.— 

10 ‘‘(i) REIMBURSEMENT LEVEL.—For 

11 purposes of the provision of on-the-job 

12 training under this paragraph, the Gov13 ernor or local board involved may increase 

14 the amount of the reimbursement de15 scribed in section 101(31) to an amount of 

16 up to 75 percent of the wage rate of a par17 ticipant for a program carried out under 

18 this chapter, if, respectively— 

19 ‘‘(I) the Governor approves the 

20 increase with respect to a program 

21 carried out with funds reserved by the 

22 State under that chapter, taking into 

23 account the factors described in clause 

24 (ii); or 


smartinez on DSK6TPTVN1PROD with BILLS
63 

•HR 4227 IH

1 ‘‘(II) the local board approves the 

2 increase with respect to a program 

3 carried out with funds allocated to a 

4 local area under such chapter, taking 

5 into account those factors. 

6 ‘‘(ii) FACTORS.—For purposes of 

7 clause (i), the Governor or local board, re8 spectively, shall take into account factors 

9 consisting of— 

10 ‘‘(I) the characteristics of the 

11 participants; 

12 ‘‘(II) the size and resources of 

13 the employer; 

14 ‘‘(III) the likely employment op15 portunities available to workers who 

16 complete an on-the-job training pro17 gram; and 

18 ‘‘(IV) such other factors as the 

19 Governor or local board, respectively, 

20 may determine to be appropriate, 

21 which may include the number of em22 ployees participating in the training, 

23 wage and benefit levels of those em24 ployees (at present and anticipated 

25 upon completion of the training), relaVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
64 

•HR 4227 IH

1 tion of the training to the competitive2 ness of a participant, and other em3 ployer-provided training and advance4 ment opportunities.’’. 

5 (h) INCUMBENT WORKER TRAINING PROGRAMS AND

6 TRANSITIONAL JOBS.—Section 134(e) is amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (A), by striking ‘‘; 

9 and’’ and inserting a semicolon; 

10 (B) in subparagraph (B), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(C) work support activities designed to 

14 assist low-wage workers in retaining and en15 hancing employment, such as the provision of 

16 activities described in this section during non17 traditional hours and the provision of child care 

18 while such activities are being provided.’’; and 

19 (2) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(4) INCUMBENT WORKER TRAINING PRO22 GRAMS.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) STANDARD RESERVATION OF

25 FUNDS.—Except as provided in clause (ii), 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•HR 4227 IH

1 the local board may reserve and use not 

2 more than 15 percent of the funds allo3 cated to the local area involved under sec4 tion 133(b) to pay for the Federal share of 

5 the cost of providing training through a 

6 training program for incumbent workers, 

7 carried out in accordance with this para8 graph. 

9 ‘‘(ii) INCREASED RESERVATION OF

10 FUNDS.—If the local board determines 

11 that there is sufficient evidence that use of 

12 the funds reserved under clause (i) led to 

13 employee retention by and contributed to 

14 creation of new jobs with employers that 

15 participated in incumbent worker training 

16 programs, the local board may reserve and 

17 use not more than a total of 20 percent of 

18 such funds to pay for the Federal share of 

19 such costs. 

20 ‘‘(iii) DETERMINATION OF ELIGI21 BILITY.—For the purpose of determining 

22 the eligibility of an employer to receive 

23 funding under clause (i), the local board 

24 shall take into account factors consisting 

25 of— 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•HR 4227 IH

1 ‘‘(I) the characteristics of the 

2 participants in the program; 

3 ‘‘(II) the relationship of the 

4 training to the competitiveness of a 

5 participant and the employer; and 

6 ‘‘(III) such other factors as the 

7 local board may determine to be ap8 propriate, which may include the 

9 number of employees participating in 

10 the training, the wage and benefit lev11 els of those employees (at present and 

12 anticipated upon completion of the 

13 training), and the existence of other 

14 training and advancement opportuni15 ties provided by the employer. 

16 ‘‘(iv) STATEWIDE IMPACT.—The Gov17 ernor or State board involved may make 

18 recommendations to the local board for 

19 providing incumbent worker training that 

20 has statewide impact. 

21 ‘‘(B) TRAINING ACTIVITIES.—The training 

22 program for incumbent workers carried out 

23 under this paragraph shall be carried out by the 

24 local board in conjunction with the employers or 

25 groups of employers of such workers, or a 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•HR 4227 IH

1 labor-management partnership, including joint 

2 registered apprenticeship programs, for the pur3 pose of assisting such workers in obtaining the 

4 skills necessary to retain employment or avert 

5 layoffs. 

6 ‘‘(C) EMPLOYER PAYMENT OF NON-FED7 ERAL SHARE.—Employers participating in the 

8 program carried out under this paragraph shall 

9 be required to pay for the non-Federal share of 

10 the cost of providing the training to incumbent 

11 workers of the employers. 

12 ‘‘(D) NON-FEDERAL SHARE.— 

13 ‘‘(i) FACTORS.—Subject to clause (ii), 

14 the local board shall establish the non-Fed15 eral share of such cost (taking into consid16 eration such other factors as the number 

17 of employees participating in the training, 

18 the wage and benefit levels of the employ19 ees (at the beginning and anticipated upon 

20 completion of the training), the relation21 ship of the training to the competitiveness 

22 of the employer and employees, and the 

23 availability of other employer-provided 

24 training and advancement opportunities). 


smartinez on DSK6TPTVN1PROD with BILLS
68 

•HR 4227 IH

1 ‘‘(ii) LIMITS.—The non-Federal share 

2 shall not be less than— 

3 ‘‘(I) 10 percent of the cost for 

4 employers with not more than 50 em5 ployees; 

6 ‘‘(II) 25 percent of the cost, for 

7 employers with more than 50 employ8 ees but not more than 100 employees; 

9 and 

10 ‘‘(III) 50 percent of the cost, for 

11 employers with more than 100 em12 ployees. 

13 ‘‘(iii) CALCULATION OF EMPLOYER

14 SHARE.—The non-Federal share provided 

15 by an employer participating in the pro16 gram may include the amount of the wages 

17 paid by the employer to a worker while the 

18 worker is attending a training program 

19 under this paragraph. 

20 ‘‘(E) WORKER PROTECTIONS.—If an in21 cumbent worker training program is proposed 

22 for an employer whose workers are covered by 

23 a collective bargaining agreement, the union 

24 representing those workers will be consulted reVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
69 

•HR 4227 IH

1 garding the incumbent worker training program 

2 and concur prior to the start of the program. 

3 ‘‘(5) TRANSITIONAL JOBS.—The local board 

4 may use not more than 15 percent of the funds allo5 cated to the local area involved under section 133(b) 

6 to provide transitional jobs under subsection (c)(4) 

7 that— 

8 ‘‘(A) are time-limited work experiences in 

9 integrated settings that are subsidized and are 

10 in the public, private, or nonprofit sectors for 

11 individuals with barriers to employment who are 

12 chronically unemployed, have no employment 

13 experience or have an inconsistent work history; 

14 ‘‘(B) are combined with comprehensive em15 ployment and supportive services; 

16 ‘‘(C) are designed to assist the individuals 

17 described in subparagraph (A) to establish a 

18 work history, demonstrate success in the work19 place, and develop the skills that lead to entry 

20 into and retention in unsubsidized employment; 

21 and 

22 ‘‘(D) assist in placement or hiring to an 

23 unsubsidized job.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
70 

•HR 4227 IH

1 SEC. 118. UNIFIED PERFORMANCE ACCOUNTABILITY SYS2 TEM. 

3 Section 136 is amended to read as follows: 

4 ‘‘SEC. 136. UNIFIED PERFORMANCE ACCOUNTABILITY SYS5 TEM. 

6 ‘‘(a) PURPOSE.—The purpose of this section is to es7 tablish shared performance accountability measures that 

8 apply across the core programs to assess the effectiveness 

9 of States and local areas in achieving positive outcomes 

10 for individuals served by those programs. 

11 ‘‘(b) STATE UNIFIED PERFORMANCE ACCOUNT12 ABILITY MEASURES.— 

13 ‘‘(1) IN GENERAL.—For each State, the unified 

14 performance accountability measures for the core 

15 programs shall consist of— 

16 ‘‘(A)(i) the primary indicators of perform17 ance described in paragraph (2)(A); and 

18 ‘‘(ii) the additional indicators of perform19 ance (if any) identified by the State under 

20 paragraph (2)(B); and 

21 ‘‘(B) A State adjusted level of performance 

22 for each indicator described in subparagraph 

23 (A). 

24 ‘‘(2) INDICATORS OF PERFORMANCE.— 

25 ‘‘(A) PRIMARY INDICATORS OF PERFORM26 ANCE.— 


smartinez on DSK6TPTVN1PROD with BILLS
71 

•HR 4227 IH

1 ‘‘(i) IN GENERAL.—The State primary 

2 indicators of performance for activities 

3 provided under the adult and dislocated 

4 worker programs authorized under chapter 

5 6 of subtitle B of title I, the program of 

6 adult education and literacy activities au7 thorized under title II, the employment 

8 services program authorized under sections 

9 1 through 13 of the Wagner-Peyser Act 

10 (29 U.S.C. 49 et seq.) (except that sub11 clauses (IV) and (V) shall not apply to 

12 such program), and the program author13 ized under title I of the Rehabilitation Act 

14 of 1973 (29 U.S.C. 720 et seq.), other 

15 than section 112 or part C of that title (29 

16 U.S.C. 732, 741), shall consist of— 

17 ‘‘(I) the percentage and number 

18 of program participants who are in 

19 unsubsidized employment during the 

20 second quarter after exit from the 

21 program; 

22 ‘‘(II) the percentage and number 

23 of program participants who are in 

24 unsubsidized employment during the 


smartinez on DSK6TPTVN1PROD with BILLS
72 

•HR 4227 IH

1 fourth quarter after exit from the pro2 gram; 

3 ‘‘(III) the median earnings of 

4 program participants who are in un5 subsidized employment during the sec6 ond quarter after exit from the pro7 gram compared to the median earn8 ings of such participants prior to the 

9 training; 

10 ‘‘(IV) the percentage of program 

11 participants who obtain a recognized 

12 postsecondary credential, including in 

13 a registered apprenticeship or on-the14 job training program, or a secondary 

15 school diploma or its recognized equiv16 alent (subject to clause (iii)), during 

17 participation in or within 1 year after 

18 exit from the program; 

19 ‘‘(V) the percentage of program 

20 participants who, during a program 

21 year, are in an education or training 

22 program, including a registered ap23 prenticeship or on-the-job training 

24 program, that leads to a recognized 

25 postsecondary credential or a secVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
73 

•HR 4227 IH

1 ondary school diploma or its recog2 nized equivalent, or employment and 

3 who are achieving measurable basic 

4 skill gains toward such a credential or 

5 employment; and 

6 ‘‘(VI) the indicators of effective7 ness in serving employers established 

8 pursuant to clause (iv). 

9 ‘‘(ii) PRIMARY INDICATORS OF PER10 FORMANCE FOR ELIGIBLE YOUTH.—The 

11 primary indicators of performance for the 

12 youth program authorized under chapter 4 

13 of this subtitle shall consist of— 

14 ‘‘(I) the percentage and number 

15 of program participants who are in 

16 education or training activities, or in 

17 unsubsidized employment during the 

18 second quarter after exit from the 

19 program; 

20 ‘‘(II) the percentage and number 

21 of program participants who are in 

22 education or training activities, or in 

23 unsubsidized employment, during the 

24 fourth quarter after exit from the pro25 gram; 


smartinez on DSK6TPTVN1PROD with BILLS
74 

•HR 4227 IH

1 ‘‘(III) the median earnings of 

2 program participants who are in un3 subsidized employment during the sec4 ond quarter after exit from the pro5 gram compared to the median earn6 ings of such participants prior to the 

7 training; 

8 ‘‘(IV) the percentage of program 

9 participants who obtain a recognized 

10 postsecondary credential described in 

11 clause (i)(IV), or a secondary school 

12 diploma or its recognized equivalent 

13 subject to clause (iii) during participa14 tion in or within 1 year after exit 

15 from the program; 

16 ‘‘(V) the percentage of program 

17 participants who, during a program 

18 year, are in an education or training 

19 program that leads to a recognized 

20 postsecondary credential or a sec21 ondary school diploma or its recog22 nized equivalent, or employment and 

23 who are achieving measurable basic 

24 skill gains toward such a secondary 

25 credential or employment; and 


smartinez on DSK6TPTVN1PROD with BILLS
75 

•HR 4227 IH

1 ‘‘(VI) the indicators of effective2 ness in serving employers established 

3 pursuant to clause (iv). 

4 ‘‘(iii) INDICATOR RELATING TO CRE5 DENTIAL.—For purposes of clause (i)(IV) 

6 or (ii)(IV), program participants who ob7 tain a secondary school diploma or its rec8 ognized equivalent shall be included in the 

9 percentage counted as meeting the cri10 terion under such clause only if such par11 ticipants, in addition to obtaining such di12 ploma or its recognized equivalent, have 

13 obtained or retained employment, have 

14 been removed from public assistance, or 

15 are in an education or training program 

16 leading to a recognized postsecondary cre17 dential described in clause (i)(IV) within 1 

18 year after exit from the program. 

19 ‘‘(iv) INDICATOR FOR SERVICES TO

20 EMPLOYERS.—Prior to the commencement 

21 of the second full program year after the 

22 date of enactment of this Act, for purposes 

23 of clauses (i)(VI) and (ii)(V), the Secretary 

24 of Labor and the Secretary of Education 

25 after consultation with the representatives 


smartinez on DSK6TPTVN1PROD with BILLS
76 

•HR 4227 IH

1 described in subsection (h)(2), shall jointly 

2 develop and establish, for purposes of this 

3 subparagraph, 1 or more primary indica4 tors of performance that indicate the effec5 tiveness of the core programs in serving 

6 employers. 

7 ‘‘(B) ADDITIONAL INDICATORS.—A State 

8 may identify in the State plan additional per9 formance accountability indicators. 

10 ‘‘(3) LEVELS OF PERFORMANCE.— 

11 ‘‘(A) STATE ADJUSTED LEVELS OF PER12 FORMANCE FOR PRIMARY INDICATORS.— 

13 ‘‘(i) IN GENERAL.—For each State 

14 submitting a State plan, there shall be es15 tablished, in accordance with this subpara16 graph, levels of performance for each of 

17 the corresponding primary indicators of 

18 performance described in paragraph (2) for 

19 each of the programs described in clause 

20 (ii). 

21 ‘‘(ii) INCLUDED PROGRAMS.—The 

22 programs included under clause (i) are— 

23 ‘‘(I) the youth program author24 ized under chapter 4 of this subtitle; 


smartinez on DSK6TPTVN1PROD with BILLS
77 

•HR 4227 IH

1 ‘‘(II) the adult program author2 ized under chapter 5 of this subtitle; 

3 ‘‘(III) the dislocated worker pro4 gram authorized under chapter 5 of 

5 this subtitle; 

6 ‘‘(IV) the program of adult edu7 cation and literacy activities author8 ized under title II; 

9 ‘‘(V) the employment services 

10 program authorized under sections 1 

11 through 13 of the Wagner-Peyser Act 

12 (29 U.S.C. 49 et seq.); and 

13 ‘‘(VI) the program authorized 

14 under title I of the Rehabilitation Act 

15 of 1973 (29 U.S.C. 720 et seq.), other 

16 than section 112 or part C of that 

17 title (29 U.S.C. 732, 741). 

18 ‘‘(iii) IDENTIFICATION OF STATE

19 PLAN.—Each State shall identify, in the 

20 State plan, expected levels of performance 

21 for each of the corresponding primary indi22 cators of performance for each of the pro23 grams described in clause (ii) for the first 

24 2 program years covered by the State plan. 


smartinez on DSK6TPTVN1PROD with BILLS
78 

•HR 4227 IH

1 ‘‘(iv) AGREEMENT OF STATE AD2 JUSTED LEVELS OF PERFORMANCE.— 

3 ‘‘(I) FIRST 2 YEARS.—The State 

4 shall reach agreement with the Sec5 retary of Labor and the Secretary of 

6 Education on levels of performance 

7 for each indicator described in clause 

8 (iii) for each of the programs de9 scribed in clause (ii) for each of the 

10 first 2 program years covered by the 

11 State plan. In reaching the agree12 ment, the State and Secretaries shall 

13 take into account the levels identified 

14 in the State plan under clause (iii) 

15 and the factors described in clause 

16 (v). The levels agreed to shall be con17 sidered to be the State adjusted levels 

18 of performance for the State for such 

19 program years and shall be incor20 porated into the State plan prior to 

21 the approval of such plan. 

22 ‘‘(II) THIRD AND FOURTH

23 YEAR.—The State and the Secretaries 

24 shall reach agreement, prior to the 

25 third program year covered by the 


smartinez on DSK6TPTVN1PROD with BILLS
79 

•HR 4227 IH

1 State plan, on levels of performance 

2 for each indicator described in clause 

3 (iii) for each of the programs de4 scribed in clause (ii) for each of the 

5 third and fourth program years cov6 ered by the State plan. In reaching 

7 the agreement, the State and Secre8 taries shall take into account the fac9 tors described in clause (v). The levels 

10 agreed to shall be considered to be the 

11 State adjusted levels of performance 

12 for the State for such program years 

13 and shall be incorporated into the 

14 State plan as a modification to the 

15 plan. 

16 ‘‘(v) FACTORS.—In reaching the 

17 agreements described in clause (iv), the 

18 State and Secretaries shall— 

19 ‘‘(I) take into account how the 

20 levels involved compare with the State 

21 adjusted levels of performance estab22 lished for other States; 

23 ‘‘(II) ensure that the levels in24 volved are adjusted, using the objec25 tive statistical model established by 


smartinez on DSK6TPTVN1PROD with BILLS
80 

•HR 4227 IH

1 the Secretaries pursuant to clause 

2 (viii), based on the difference among 

3 States in economic conditions (includ4 ing differences in unemployment rates 

5 and job losses or gains in particular 

6 industries) and the characteristics of 

7 participants when the participants en8 tered the program involved, including 

9 indicators of poor work history, lack 

10 of work experience, lack of educational 

11 or occupational skills attainment, dis12 location from high-wage and high-ben13 efit employment, low levels of literacy 

14 or English proficiency, disability sta15 tus, homelessness, ex-offender status, 

16 and welfare dependency; 

17 ‘‘(III) take into account the ex18 tent to which the levels involved pro19 mote continuous improvement in per20 formance accountability on the per21 formance accountability measures by 

22 such State and ensure optimal return 

23 on the investment of Federal funds; 

24 and 


smartinez on DSK6TPTVN1PROD with BILLS
81 

•HR 4227 IH

1 ‘‘(IV) take into account the ex2 tent to which the levels involved will 

3 assist the State in meeting the goals 

4 described in clause (vi). 

5 ‘‘(vi) GOALS.—In order to promote 

6 enhanced performance outcomes and to fa7 cilitate the process of reaching agreements 

8 with the States under clause (iv), the Sec9 retary of labor and the Secretary of Edu10 cation shall establish performance goals for 

11 the core programs, in accordance with the 

12 Government Performance and Results Act 

13 of 1993 and in consultation with States 

14 and other appropriate parties. Such goals 

15 shall be long-term goals for the adjusted 

16 levels of performance to be achieved by 

17 each of the programs described in clause 

18 (ii) regarding the corresponding primary 

19 indicators of performance described in 

20 paragraph (2)(A). 

21 ‘‘(vii) REVISIONS BASED ON ECO22 NOMIC CONDITIONS AND INDIVIDUALS

23 SERVED DURING THE PROGRAM YEAR.— 

24 The Secretary of Labor and the Secretary 

25 of Education shall, in accordance with the 


smartinez on DSK6TPTVN1PROD with BILLS
82 

•HR 4227 IH

1 objective statistical model developed pursu2 ant to clause (viii), revise the State ad3 justed levels of performance applicable for 

4 each of the programs described in clause 

5 (ii), for a program year and a State, to re6 flect the economic conditions and charac7 teristics of participants (as described in 

8 clause (v)(II)) in that program during such 

9 program year in a such State. 

10 ‘‘(viii) STATISTICAL ADJUSTMENT

11 MODEL.—The Secretary of Labor and the 

12 Secretary of Education, after consultation 

13 with the representatives described in sub14 section (h)(2), shall develop and dissemi15 nate an objective statistical model that will 

16 be used to make the adjustments in the 

17 State adjusted levels of performance for 

18 economic conditions and characteristics of 

19 participants under clauses (v) and (vii). 

20 ‘‘(B) LEVELS OF PERFORMANCE FOR AD21 DITIONAL INDICATORS.—The State may iden22 tify, in the State plan, State levels of perform23 ance for each of the additional indicators identi24 fied under paragraph (2)(B). Such levels shall 


smartinez on DSK6TPTVN1PROD with BILLS
83 

•HR 4227 IH

1 be considered to be State adjusted levels of per2 formance for purposes of this section. 

3 ‘‘(c) LOCAL PERFORMANCE ACCOUNTABILITY MEAS4 URES.— 

5 ‘‘(1) IN GENERAL.—For each local area in a 

6 State designated under section 116, the local per7 formance accountability measures for each of the 

8 program described in subclauses (I) through (III) of 

9 subsection (b)(3)(A)(ii) shall consist of— 

10 ‘‘(A)(i) the primary indicators of perform11 ance described in subsection (b)(2)(A) that are 

12 applicable to such programs; and 

13 ‘‘(ii) additional indicators of performance, 

14 if any, identified by the State for such pro15 grams under subsection (b)(2)(B); and 

16 ‘‘(B) the local level of performance for 

17 each indicator described in subparagraph (A). 

18 ‘‘(2) LOCAL LEVEL OF PERFORMANCE.—The 

19 local board, the chief elected official, and the Gov20 ernor shall negotiate and reach agreement on local 

21 levels of performance based on the State adjusted 

22 levels of performance established under subsection 

23 (b)(3)(A). 

24 ‘‘(3) ADJUSTMENT FACTORS.—In negotiating 

25 the local levels of performance, the local board, the 


smartinez on DSK6TPTVN1PROD with BILLS
84 

•HR 4227 IH

1 chief elected official, and the Governor shall make 

2 adjustments for the expected economic conditions 

3 and the expected characteristics of participants to be 

4 served in the local area, using the statistical adjust5 ment model developed pursuant to subsection 

6 (b)(3)(A)(viii). In addition, the negotiated local lev7 els of performance applicable to a program year 

8 shall be revised to reflect the economic conditions ex9 perienced and the characteristics of the populations 

10 served in the local area during such program year 

11 using the statistical adjustment model. 

12 ‘‘(d) PERFORMANCE ACCOUNTABILITY REPORTS.— 

13 ‘‘(1) IN GENERAL.—Not later than 6 months 

14 after the date of enactment of the Workforce Invest15 ment Act of 2012, the Secretary of Labor and the 

16 Secretary of Education shall jointly develop a tem17 plate for performance reports that shall be used by 

18 States, local boards, and eligible providers of train19 ing services under section 122 to report on outcomes 

20 achieved by the core programs, and to report on 

21 quantifiable benchmarks established in the State 

22 plan as described in section 112 or the State unified 

23 plan described in section 113 that demonstrate an24 nual improvement with respect to each of the sysVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
85 

•HR 4227 IH

1 tem-wide performance indicators established under 

2 subsection (j)(2) of this section. 

3 ‘‘(2) CONTENTS OF STATE PERFORMANCE RE4 PORTS.—The performance report for a State shall 

5 include, subject to paragraph (5)(C)— 

6 ‘‘(A) information specifying the levels of 

7 performance achieved with respect to the pri8 mary indicators of performance described in 

9 subsection (b)(2)(A) for each of the programs 

10 described in subsection (b)(3)(A)(ii) and the 

11 State adjusted levels of performance with re12 spect to such indicators for each program; 

13 ‘‘(B) information specifying the levels of 

14 performance achieved with respect to the pri15 mary indicators of performance described in 

16 subsection (b)(2)(A) for each of the programs 

17 described in subsection (b)(3)(A)(ii) with re18 spect to individuals with barriers to employ19 ment, disaggregated by each subpopulation of 

20 such individuals; 

21 ‘‘(C) the total number of participants 

22 served by each type of service of the programs 

23 described in subsection (b)(3)(A)(ii), and the 

24 types of core, intensive, and training services 

25 provided; 


smartinez on DSK6TPTVN1PROD with BILLS
86 

•HR 4227 IH

1 ‘‘(D) the number of individuals with bar2 riers to employment served by each type of 

3 service by each of the programs described in 

4 subsection (b)(3)(A)(ii), disaggregated by each 

5 subpopulation of such individuals; 

6 ‘‘(E) the number of participants who are 

7 enrolled in more than 1 of the programs de8 scribed in subsection (b)(3)(A)(ii); and 

9 ‘‘(F) other information that facilitates 

10 comparisons of programs with programs in 

11 other States. 

12 ‘‘(3) CONTENTS OF LOCAL AREA PERFORMANCE

13 REPORTS.—The performance reports for a local area 

14 shall include, subject to paragraph (5)(C)— 

15 ‘‘(A) information specifying the levels of 

16 performance achieved with respect to the pri17 mary indicators of performance described in 

18 subsection (b)(2)(A) for each of the programs 

19 described in subclauses (I) through (III) of sub20 section (b)(3)(A)(ii), and the local adjusted lev21 els of performance with respect to such indica22 tors for each program; 

23 ‘‘(B) information specifying the levels of 

24 performance achieved with respect to the pri25 mary indicators of performance described in 


smartinez on DSK6TPTVN1PROD with BILLS
87 

•HR 4227 IH

1 subsection (b)(2)(A) for each of the programs 

2 described in subclauses (I) through (III) of sub3 section (b)(3)(A)(ii) with respect to individuals 

4 with barriers to employment, disaggregated by 

5 each subpopulation of such individuals; 

6 ‘‘(C) the total number of participants 

7 served by each of the programs described in 

8 subclauses (I) through (III) of subsection 

9 (b)(3)(A)(ii), and the types of core, intensive, 

10 and training services provided; 

11 ‘‘(D) the number of individuals with bar12 riers to employment served by each of the pro13 grams described in subclauses (I) through (III) 

14 of subsection (b)(3)(A)(ii), disaggregated by 

15 each subpopulation of such individuals; 

16 ‘‘(E) the number of participants who are 

17 enrolled in any of the programs described in 

18 subclauses (I) through (III) of subsection 

19 (b)(3)(A)(ii) who are enrolled in more than 1 

20 program described in subsection (b)(3)(A)(ii); 

21 and 

22 ‘‘(F) other information that facilitates 

23 comparisons of programs with programs in 

24 other local areas (or planning regions, as appro25 priate). 


smartinez on DSK6TPTVN1PROD with BILLS
88 

•HR 4227 IH

1 ‘‘(4) CONTENTS OF ELIGIBLE TRAINING PRO2 VIDERS PERFORMANCE REPORTS.—The performance 

3 report for an eligible provider of training services 

4 under section 122 shall include, subject to para5 graph (5)(C), with respect to each program of train6 ing services, including core, intensive, and training 

7 services, of such provider— 

8 ‘‘(A) information specifying the levels of 

9 performance achieved with respect to the pri10 mary indicators of performance described in 

11 subclauses (I) through (IV) of subsection 

12 (b)(2)(A)(i) with respect to participants served 

13 under the adult and dislocated worker programs 

14 under chapter 5 of this subtitle; and 

15 ‘‘(B) the number of participants served 

16 under each of the adult and dislocated worker 

17 programs under chapter 5 of this subtitle and 

18 the number of individuals with barriers to em19 ployment served under each of such programs, 

20 disaggregated by each subpopulation of such in21 dividuals. 

22 ‘‘(5) PUBLICATION.— 

23 ‘‘(A) STATE PERFORMANCE REPORTS.— 

24 The Secretary of Labor and the Secretary of 

25 Education shall annually make publically availVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
89 

•HR 4227 IH

1 able, including by electronic means, the per2 formance reports for States and local areas con3 taining the information described in paragraph 

4 (2). 

5 ‘‘(B) LOCAL AREA AND ELIGIBLE TRAIN6 ING PROVIDER PERFORMANCE REPORTS.—The 

7 State shall make publically available, including 

8 by electronic means, the performance reports 

9 for the local areas containing the information 

10 described in paragraph (3) and the performance 

11 reports for eligible providers of training services 

12 containing the information described in para13 graph (4). 

14 ‘‘(C) RULES FOR REPORTING OF DATA.— 

15 The disaggregation of data under this sub16 section shall not be required when the number 

17 of participants in a category is insufficient to 

18 yield statistically reliable information or when 

19 the results would reveal personally identifiable 

20 information about an individual participant. 

21 ‘‘(e) EVALUATION OF STATE PROGRAMS.— 

22 ‘‘(1) IN GENERAL.—Using funds authorized 

23 under a core program and made available to carry 

24 out this section, the State, in coordination with local 

25 boards in the State and the State agencies responVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
90 

•HR 4227 IH

1 sible for the administration of the core programs, 

2 shall conduct ongoing evaluations of activities car3 ried out in the State under such programs and in 

4 accordance with the State unified plan. The State, 

5 local boards, and State agencies shall conduct the 

6 evaluations in order to promote, establish, imple7 ment, and utilize methods for continuously improv8 ing core program activities in order to achieve high9 level performance within, and high-level outcomes 

10 from, the workforce investment system. To the max11 imum extent practicable, the State shall coordinate 

12 the valuations with the evaluations provided for the 

13 Secretary of Labor and Secretary of Education 

14 under section 172, section 343(b)(3)(E), section 

15 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)), 

16 and sections 12(a)(5), 14, and 107 of the Rehabili17 tation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727) 

18 (applied with respect to programs carried out under 

19 title I of that Act). 

20 ‘‘(2) DESIGN.—The evaluations conducted 

21 under this subsection shall be designed in conjunc22 tion with the State board, State agencies responsible 

23 for the administration of the core programs, and 

24 local boards and shall include analysis of customer 

25 feedback and outcome and process measures in the 


smartinez on DSK6TPTVN1PROD with BILLS
91 

•HR 4227 IH

1 statewide workforce investment system. The evalua2 tions may include the use of control groups. 

3 ‘‘(3) RESULTS.—The State shall periodically 

4 prepare, submit to the State board and local boards 

5 in the State, and make available to the public, in6 cluding by electronic means, reports containing the 

7 results of evaluations conducted under this sub8 section, to promote the efficiency and effectiveness 

9 of the workforce investment system. 

10 ‘‘(f) SANCTIONS FOR STATE FAILURE TO MEET

11 STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 

12 ‘‘(1) STATES.— 

13 ‘‘(A) TECHNICAL ASSISTANCE.—If a State 

14 fails to meet the State adjusted levels of per15 formance relating to indicators described in 

16 subsection (b)(2)(A) for a program for any pro17 gram year, the Secretary of Labor and the Sec18 retary of Education shall, upon request, provide 

19 technical assistance, including assistance in the 

20 development of a performance improvement 

21 plan. 

22 ‘‘(B) REDUCTION IN AMOUNT OF

23 GRANT.—If such failure continues for a second 

24 consecutive year, or if a State fails to submit a 

25 report under subsection (d) for any program 


smartinez on DSK6TPTVN1PROD with BILLS
92 

•HR 4227 IH

1 year, the Secretary of Labor or the Secretary of 

2 Education, as appropriate, may reduce by not 

3 more than 5 percent, the amount of the allot4 ment that would (in the absence of this para5 graph) be payable to the State under such pro6 gram for the immediately succeeding program 

7 year. Such penalty shall be based on the degree 

8 of failure to meet State adjusted levels of per9 formance. 

10 ‘‘(2) FUNDS RESULTING FROM REDUCED AL11 LOTMENTS.—The Secretary of Labor or the Sec12 retary of Education, as appropriate, shall use any 

13 amount retained, as a result of a reduction in an al14 lotment to a State made under paragraph (1)(B), to 

15 provide technical assistance to the States the Secre16 taries determine to be appropriate to improve the 

17 performance of their core programs. 

18 ‘‘(g) SANCTIONS FOR LOCAL AREA FAILURE TO

19 MEET LOCAL PERFORMANCE ACCOUNTABILITY MEAS20 URES.— 

21 ‘‘(1) TECHNICAL ASSISTANCE.—If a local area 

22 fails to meet local performance accountability meas23 ures established under subsection (c) for the youth, 

24 adult, or dislocated worker program authorized 

25 under chapter 2 or 3 of subtitle B of title I for a 


smartinez on DSK6TPTVN1PROD with BILLS
93 

•HR 4227 IH

1 program described in subsection (d)(2)(A) for any 

2 program year, the Governor, or upon request by the 

3 Governor, the Secretary of Labor, shall provide tech4 nical assistance, which may include assistance in the 

5 development of a performance improvement plan, or 

6 the development of a modified local plan or regional 

7 plan. 

8 ‘‘(2) CORRECTIVE ACTIONS.— 

9 ‘‘(A) IN GENERAL.—If such failure con10 tinues for a second consecutive year, the Gov11 ernor shall take corrective actions, which may 

12 include development of a reorganization plan 

13 through which the Governor may— 

14 ‘‘(i) require the appointment and cer15 tification of a new local board, consistent 

16 with the criteria established under section 

17 117(b)(1); 

18 ‘‘(ii) prohibit the use of eligible pro19 viders and one-stop partners identified as 

20 achieving a poor level of performance; 

21 ‘‘(iii) redesignate the local area in ac22 cordance with section 116; or 

23 ‘‘(iv) take such other actions as the 

24 Governor determines are appropriate. 

25 ‘‘(B) APPEAL BY LOCAL AREA.— 


smartinez on DSK6TPTVN1PROD with BILLS
94 

•HR 4227 IH

1 ‘‘(i) APPEAL TO GOVERNOR.—The 

2 local board and chief elected official for a 

3 local area that is subject to a reorganiza4 tion plan under subparagraph (A) may, 

5 not later than 30 days after receiving no6 tice of the reorganization plan, appeal to 

7 the Governor to rescind or revise such 

8 plan. In such case, the Governor shall 

9 make a final decision not later than 30 

10 days after the receipt of the appeal. 

11 ‘‘(ii) SUBSEQUENT ACTION.—The 

12 local board and chief elected official for a 

13 local area may, not later than 30 days 

14 after receiving a decision from the Gov15 ernor pursuant to clause (i), appeal such 

16 decision to the Secretary of Labor. In such 

17 case, the Secretary shall make a final deci18 sion not later than 30 days after the re19 ceipt of the appeal. 

20 ‘‘(C) EFFECTIVE DATE.—The decision 

21 made by the Governor under subparagraph 

22 (B)(i) shall become effective at the time the 

23 Governor issues the decision pursuant to such 

24 clause. Such decision shall remain effective unVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
95 

•HR 4227 IH

1 less the Secretary of Labor rescinds or revises 

2 such plan pursuant to subparagraph (B)(ii). 

3 ‘‘(h) DEFINITIONS OF INDICATORS OF PERFORM4 ANCE.— 

5 ‘‘(1) IN GENERAL.—In order to ensure nation6 wide comparability of performance data, the Sec7 retary of Labor and the Secretary of Education, 

8 after consultation with representatives described in 

9 paragraph (2), shall issue definitions for the indica10 tors described in this section. 

11 ‘‘(2) REPRESENTATIVES.—The representatives 

12 referred to in paragraph (1) are representatives of 

13 States and political subdivisions, business and indus14 try, employees, eligible providers of activities carried 

15 out through the core programs, educators, research16 ers, participants, the lead State agency officials with 

17 responsibility for the programs carried out through 

18 the core programs, individuals with expertise in serv19 ice individuals with barriers to employment, and 

20 other interested parties. 

21 ‘‘(i) FISCAL AND MANAGEMENT ACCOUNTABILITY

22 INFORMATION SYSTEMS.— 

23 ‘‘(1) WAGE RECORDS.—In measuring the 

24 progress of the State across all core programs as 

25 identified in section 136(b)(2)(A) on State and local 


smartinez on DSK6TPTVN1PROD with BILLS
96 

•HR 4227 IH

1 performance accountability measures, a State shall 

2 utilize quarterly wage records, consistent with State 

3 law. The Secretary of Labor shall make arrange4 ments, consistent with State law, to ensure that the 

5 wage records of any State are available to any other 

6 State to the extent that such wage records are re7 quired by the State in carrying out the State plan 

8 of the State or completing the annual report de9 scribed in subsection (d). 

10 ‘‘(2) CONFIDENTIALITY.—In carrying out the 

11 requirements of this Act, the State shall comply with 

12 section 444 of the General Education Provisions Act 

13 (20 U.S.C. 1232g). 

14 ‘‘(j) SYSTEM-WIDE IMPROVEMENTS.— 

15 ‘‘(1) PURPOSE.—The purpose of this subsection 

16 is to establish system-wide improvements across all 

17 programs to enhance data collection, ensure account18 ability and increase administrative efficiencies in em19 ployment and training programs that will expand the 

20 capacity and improve the performance of the work21 force system. 

22 ‘‘(2) DEVELOPMENT AND IMPLEMENTATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Labor and the Secretary of Education, after 

25 consultation with the representatives described 


smartinez on DSK6TPTVN1PROD with BILLS
97 

•HR 4227 IH

1 in subsection (h)(2), shall develop system-wide 

2 performance measures across the one-stop part3 ner programs described in section 121(b) to 

4 measure the collective effectiveness of the work5 force investment system in aligning and coordi6 nating the core programs and other one-stop 

7 partner programs, employers as a meaningful 

8 system partner to address businesses and other 

9 employer immediate and long-term skilled work10 force needs in in-demand, high-growth, and 

11 other occupations important to a State, re12 gional, or local economy, expanding access to 

13 education and training for participants (includ14 ing participants with barriers to employment), 

15 and establishing or strengthening credential at16 tainment and measurement strategies. Not later 

17 than the beginning of the third program year, 

18 the Secretary of Labor and the Secretary of 

19 Education after consultation with the represent20 atives described in subsection (h)(2), shall de21 velop system-wide performance accountability 

22 measures. 

23 ‘‘(B) BENCHMARKS.—Not later than the 

24 beginning of the third program year, each State 

25 shall include in the State plan described in secVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
98 

•HR 4227 IH

1 tion 112 or the State unified plan described in 

2 section 113 quantifiable benchmarks that dem3 onstrate annual improvement with respect to 

4 each of the system-wide performance indicators 

5 established under this section. 

6 ‘‘(C) REQUIREMENTS.—For each State, 

7 the system-wide performance accountability 

8 measures shall consist of— 

9 ‘‘(i) the indicators of performance de10 scribed in paragraph (3) (A) through (D); 

11 ‘‘(ii) any other indicators established 

12 by the Secretary of Labor and the Sec13 retary of Education in consultation with 

14 the representatives described in subsection 

15 (h)(2); and 

16 ‘‘(iii) a State adjusted level of per17 formance for each indicator described in 

18 paragraph (3). 

19 ‘‘(3) INDICATORS OF PERFORMANCE.—The in20 dicators of system-wide performance shall be meas21 ured from baseline data collected in the first year 

22 after the date of enactment of this subsection and 

23 shall consist of the following: 

24 ‘‘(A) INDICATORS OF EFFECTIVENESS IN

25 ENGAGING EMPLOYERS AS A SYSTEM PARTVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
99 

•HR 4227 IH

1 NER.—The State indicators of effectiveness in 

2 serving employers shall at a minimum consist 

3 of— 

4 ‘‘(i) the number and percentage of 

5 employers in the State using one-stops; 

6 ‘‘(ii) the total number of returning 

7 employers in the State using one-stops and 

8 one-stop partner program services, includ9 ing training; 

10 ‘‘(iii) the number of training modules 

11 created for specific employers or groups of 

12 employers; and 

13 ‘‘(iv) the size of each employer in the 

14 State using one-stops and one-stop partner 

15 programs services. 

16 ‘‘(B) INDICATORS OF EXPANDED ACCESS

17 TO TRAINING SERVICES.—The State indicators 

18 of expanded access to training services shall at 

19 a minimum consist of— 

20 ‘‘(i) the number and percentage of 

21 participants who received training or edu22 cation services under a one-stop partner 

23 program; 

24 ‘‘(ii) the number and percentage of 

25 participants and youth with barriers to emVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
100 

•HR 4227 IH

1 ployment who received services from a one2 stop partner program resulting in entry 

3 into an education and training program 

4 that leads to employment or a recognized 

5 postsecondary credential; 

6 ‘‘(iii) the total number and percentage 

7 of participants concurrently enrolled in two 

8 or more core programs, or in at least one 

9 other one-stop partner program; 

10 ‘‘(iv) the number and percentage of 

11 participants engaged in career pathways; 

12 and 

13 ‘‘(v) the total number and percentage 

14 of participants who are enrolled and whose 

15 training is co-funded by Pell grants or 

16 other sources of financial aid. 

17 ‘‘(C) INDICATORS OF CREDENTIAL ATTAIN18 MENT AND MEASUREMENT.—The State indica19 tors of credential attainment and measurement 

20 shall at a minimum consist of the total number 

21 and percentage of recognized postsecondary cre22 dentials earned during the program year by, or 

23 awarded to, participants of programs described 

24 in section 136(b)(3)(A)(i). 


smartinez on DSK6TPTVN1PROD with BILLS
101 

•HR 4227 IH

1 ‘‘(D) ADDITIONAL INDICATORS.—A State 

2 may identify in a State plan additional system3 wide performance accountability indicators. 

4 ‘‘(4) LEVELS OF PERFORMANCE.— 

5 ‘‘(A) STATE ADJUSTED LEVELS OF PER6 FORMANCE FOR SYSTEM-WIDE PERFORMANCE

7 ACCOUNTABILITY INDICATORS.— 

8 ‘‘(i) IN GENERAL.—For each State 

9 submitting a State plan under section 112 

10 or section 113, there shall be established, 

11 in accordance with this paragraph, levels of 

12 performance for each of the system-wide 

13 performance accountability indicators that 

14 shall measure aggregate performance for 

15 the programs referred to in section 

16 121(b)(1)(B), and which may include data 

17 from programs referred to in section 

18 121(b)(2)(B). 

19 ‘‘(ii) IDENTIFICATION IN STATE

20 PLAN.—Prior to the third program year 

21 after enactment of this Act, each State 

22 shall identify, in the State plan, expected 

23 levels of performance for each of the cor24 responding system-wide performance ac25 countability indicators under subsection 


smartinez on DSK6TPTVN1PROD with BILLS
102 

•HR 4227 IH

1 (j)(2) for each of the third and fourth pro2 gram years covered by the State plan. 

3 ‘‘(iii) AGREEMENT ON STATE AD4 JUSTED LEVELS OF PERFORMANCE.—The 

5 State shall reach agreement with the Sec6 retary of Labor and the Secretary of Edu7 cation on levels of performance for each in8 dicator under subsection (j)(2) for each of 

9 the third and fourth program years cov10 ered by the State plan. In reaching the 

11 agreement, the State and Secretaries shall 

12 take into account the levels identified in 

13 the State plan under clause (ii), and may 

14 take into account the factors described in 

15 subsection (c)(3)(A)(v). 

16 ‘‘(B) LEVELS OF PERFORMANCE FOR AD17 DITIONAL INDICATORS.—The State may iden18 tify, in the State plan, State levels of perform19 ance for each of the additional indicators identi20 fied under subsection (j)(2)(E). Such levels 

21 shall be considered the State adjusted levels of 

22 performance for purposes of this section. 

23 ‘‘(C) FAILURE TO MEET SYSTEM-WIDE

24 PERFORMANCE ACCOUNTABILITY MEASURES.— 

25 If a State fails to meet State adjusted levels of 


smartinez on DSK6TPTVN1PROD with BILLS
103 

•HR 4227 IH

1 performance relating to indicators described in 

2 paragraph (3) for any program year the Sec3 retary of Labor and the Secretary of Education 

4 shall, upon request, provide technical assist5 ance, including assistance in the development of 

6 a performance improvement plan. 

7 ‘‘(5) REPORTS.—Not later than 1 year after the 

8 date of the enactment of the Workforce Investment 

9 Act of 2012, the Secretary of Labor shall report to 

10 the Committee on Education and the Workforce on 

11 the indicators described in paragraph (2) of this sec12 tion and provide recommendations to the Committee 

13 on improving coordination and increasing efficiencies 

14 in one-stop partner programs.’’. 

15 SEC. 119. AUTHORIZATION OF FUNDING FOR ONE-STOP IN16 FRASTRUCTURE. 

17 Section 137 is amended by adding at the end the fol18 lowing: 

19 ‘‘(d) ONE-STOP INFRASTRUCTURE.— 

20 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In 

21 addition to the funds authorized under subsections 

22 (a), (b), and (c), there is authorized to be appro23 priated an additional amount equal to 3 percent of 

24 the total of amounts appropriated under such sub25 sections, for costs of infrastructure including rental 


smartinez on DSK6TPTVN1PROD with BILLS
104 

•HR 4227 IH

1 costs and other expenses associated with establishing 

2 and maintaining one-stop centers in accordance with 

3 section 121. 

4 ‘‘(2) ALLOTMENT.—The Secretary shall allot 

5 the funds appropriated pursuant to paragraph (1) 

6 for each fiscal year among the States as follows: 

7 ‘‘(A) Two-thirds of such sums shall be al8 lotted on the basis of the relative number of in9 dividuals in the civilian labor force in each 

10 State as compared to the total number of such 

11 individuals in all States. 

12 ‘‘(B) One-third of such sums shall be allot13 ted on the basis of the relative number of un14 employed individuals in each State as compared 

15 to the total number of such individuals in all 

16 States. 

17 For purposes of this paragraph, the number of indi18 viduals in the civilian labor force and the number of 

19 unemployed individuals shall be based on data for 

20 the most recent calendar year available, as deter21 mined by the Secretary.’’. 

22 Subtitle C—Job Corps 

23 SEC. 131. PURPOSES. 

24 Section 141(1) is amended to read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
105 

•HR 4227 IH

1 ‘‘(1) to maintain a national Job Corps program, 

2 carried out in partnership with States and commu3 nities, to— 

4 ‘‘(A) assist eligible youth to connect to the 

5 labor force by providing them with intensive so6 cial, academic, career and technical education, 

7 and service-learning opportunities, in primarily 

8 residential centers, in order for such youth to 

9 obtain secondary school diplomas or recognized 

10 postsecondary credentials leading to— 

11 ‘‘(i) successful careers, in in-demand 

12 industry sectors or occupations or the 

13 Armed Forces, that will result in economic 

14 self-sufficiency and opportunities for ad15 vancement; or 

16 ‘‘(ii) enrollment in postsecondary edu17 cation; and 

18 ‘‘(B) support responsible citizenship;’’. 

19 SEC. 132. DEFINITIONS. 

20 Section 142 is amended— 

21 (1) in paragraph (2)— 

22 (A) by striking ‘‘customer service’’; 

23 (B) by striking ‘‘intake’’ and inserting ‘‘as24 sessment’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
106 

•HR 4227 IH

1 (C) by striking ‘‘a Jobs Corps center’’ and 

2 inserting ‘‘support the purposes of the Jobs 

3 Corps’’; 

4 (2) in paragraph (4), by striking ‘‘before com5 pleting the requirements’’ and all that follows and 

6 inserting ‘‘prior to becoming a graduate.’’; 

7 (3) in paragraph (5), by striking ‘‘has com8 pleted the requirements’’ and all that follows and in9 serting the following: ‘‘who, as a result of participa10 tion in the Job Corps program, has received a sec11 ondary school diploma or recognized equivalent or 

12 completed the requirements of a career and technical 

13 education and training program that prepares indi14 viduals for employment leading to economic self-suf15 ficiency or entrance into postsecondary education or 

16 training.’’; and 

17 (4) in paragraph (9), by striking ‘‘area served 

18 by a regional office of the Employment and Training 

19 Administration’’ and inserting ‘‘defined by the Sec20 retary’’. 

21 SEC. 133. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

22 Section 144 is amended by adding at the end the fol23 lowing: 

24 ‘‘(4) SPECIAL RULE FOR VETERANS.—Notwith25 standing the requirement of paragraph (2), a vetVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
107 

•HR 4227 IH

1 eran of the Armed Forces shall be eligible to become 

2 an enrollee under this section if the individual— 

3 ‘‘(A) meets the requirements of paragraphs 

4 (1) and (3); and 

5 ‘‘(B) does not meet the requirement of 

6 paragraph (2) because the military income 

7 earned by such individual within the 6-month 

8 period prior to the individual’s application for 

9 Job Corps prevents the individual from meeting 

10 such requirement.’’. 

11 SEC. 134. RECRUITMENT, SCREENING, SELECTION, AND AS12 SIGNMENT OF ENROLLEES. 

13 Section 145 is amended— 

14 (1) in subsection (a)(2)— 

15 (A) in subparagraph (C)(i), by striking 

16 ‘‘vocational’’ and inserting ‘‘career and tech17 nical education and training’’; and 

18 (B) by amending subparagraph (E) to read 

19 as follows: 

20 ‘‘(E) assure appropriate representation of 

21 enrollees from urban areas and from rural 

22 areas.’’; 

23 (2) in subsection (a)(3)— 

24 (A) in subparagraph (B), by striking ‘‘; 

25 and’’ and inserting a semicolon; 


smartinez on DSK6TPTVN1PROD with BILLS
108 

•HR 4227 IH

1 (B) in subparagraph (C), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(D) child welfare agencies that are re5 sponsible for children in foster care and chil6 dren eligible for assistance under section 477 of 

7 the Social Security Act (42 U.S.C. 677).’’; 

8 (3) in subsection (b)(1)(B), by inserting ‘‘and 

9 agrees to such rules’’ after ‘‘failure to observe the 

10 rules’’; 

11 (4) in subsection (c)— 

12 (A) in paragraph (1) in the matter pre13 ceding subparagraph (A), by striking ‘‘an as14 signment’’ and inserting ‘‘a’’; 

15 (B) in paragraph (2), in the matter pre16 ceding subparagraph (A), by striking ‘‘the Sec17 retary shall, every 2 years, analyze, for the Job 

18 Corps center—’’ and inserting ‘‘every 2 years 

19 the Secretary, in consultation with operators of 

20 Job Corps centers, shall analyze relevant fac21 tors relating to each Job Corps center, includ22 ing—’’; 

23 (C) in subparagraph (B), by striking ‘‘; 

24 and’’ and inserting a semicolon; 

25 (D) in subparagraph (C)— 


smartinez on DSK6TPTVN1PROD with BILLS
109 

•HR 4227 IH

1 (i) by inserting ‘‘the education, train2 ing, and supportive’’ after ‘‘including’’; and 

3 (ii) by adding ‘‘and’’ after the semi4 colon; and 

5 (E) by adding at the end the following: 

6 ‘‘(D) the performance of the Job Corps 

7 center relating to the expected levels of per8 formance for the indicators described in section 

9 159(c)(1), and whether any actions have been 

10 taken with respect to such center pursuant to 

11 paragraphs (2) and (3) of section 159(f).’’; and 

12 (5) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘is closest to the 

16 home of the enrollee, except that the’’ and 

17 inserting ‘‘offers the type of career and 

18 technical education and training selected 

19 by the individual and, among the centers 

20 that offer such education and training, is 

21 closest to the home of the individual. The’’; 

22 and 

23 (ii) by striking subparagraph (A) and 

24 redesignating subparagraphs (B) and (C) 


smartinez on DSK6TPTVN1PROD with BILLS
110 

•HR 4227 IH

1 as subparagraphs (A) and (B), respec2 tively; and 

3 (B) in paragraph (2), by striking ‘‘to the 

4 home of’’ and inserting ‘‘to the home of that of5 fers the career and technical education and 

6 training desired by’’. 

7 SEC. 135. ENROLLMENT. 

8 Section 146(b) is amended— 

9 (1) in paragraph (1), by striking ‘‘or’’; and 

10 (2) by redesignating paragraph (2) as para11 graph (4) and inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) in the case of an individual with a dis14 ability who would reasonably be expected to meet the 

15 standards for a Job Corps graduate, as defined 

16 under section 142(5), if allowed to participate in the 

17 Job Corps for not more than 1 additional year; 

18 ‘‘(3) in the case of an individual who partici19 pates in national service, as authorized by a Civilian 

20 Conservation Center program, who would be granted 

21 an enrollment extension in the Job Corps for the 

22 amount of time equal to the period of national serv23 ice; or’’. 

24 SEC. 136. JOB CORPS CENTERS. 

25 Section 147 is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
111 

•HR 4227 IH

1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘vocational’’ both places it appears and in5 serting ‘‘career and technical’’; and 

6 (ii) in subparagraph (B), by inserting 

7 ‘‘, or other entity with the necessary capac8 ity,’’ after ‘‘local entity’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘subsections (c) and (d) of section 303 of 

12 the Federal Property and Administrative 

13 Services Act of 1949 (41 U.S.C. 253)’’ and 

14 inserting ‘‘subsections (a) and (b) of sec15 tion 3304 of title 41, United States 

16 Code,’’; and 

17 (ii) in subparagraph (B)(i)— 

18 (I) in subclause (II), by striking 

19 ‘‘vocational’’ and inserting ‘‘career 

20 and technical education and’’; 

21 (II) in subclause (III), by strik22 ing ‘‘is familiar with the surrounding 

23 communities,’’ and inserting ‘‘dem24 onstrates relationships with the sur25 rounding communities, employers, 


smartinez on DSK6TPTVN1PROD with BILLS
112 

•HR 4227 IH

1 labor organizations, workforce 

2 boards,’’; and 

3 (III) by amending subclause (IV) 

4 to read as follows: 

5 ‘‘(IV) the performance of the en6 tity, if any, relating to operating or 

7 providing activities described in this 

8 subtitle to a Job Corps center, includ9 ing the entity’s demonstrated effec10 tiveness in assisting individuals in 

11 achieving the primary indicators of 

12 performance for eligible youth de13 scribed in section 136(b)(2)(A)(ii).’’; 

14 and 

15 (2) by amending subsection (c) to read as fol16 lows: 

17 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

18 ‘‘(1) IN GENERAL.—The Job Corps centers may 

19 include Civilian Conservation Centers, operated 

20 under an agreement between the Secretary of Labor 

21 and the Secretary of Agriculture, that are located 

22 primarily in rural areas. Such centers shall provide, 

23 in addition to academics, career and technical edu24 cation and training, and workforce preparation skills 

25 training, programs of work experience to conserve, 


smartinez on DSK6TPTVN1PROD with BILLS
113 

•HR 4227 IH

1 develop, or manage public natural resources or pub2 lic recreational areas or to develop community 

3 projects in the public interest. 

4 ‘‘(2) ASSISTANCE DURING DISASTERS.—Enroll5 ees in Civilian Conservation Centers may provide as6 sistance in addressing national, State, and local dis7 asters, consistent with current child labor laws and 

8 regulations. The Secretary of Agriculture shall en9 sure that with respect to the provision of such as10 sistance the enrollees are properly trained, equipped, 

11 supervised, and dispatched consistent with standards 

12 for the conservation and rehabilitation of wildlife es13 tablished under the Fish and Wildlife Coordination 

14 Act (16 U.S.C. 661 et seq.). 

15 ‘‘(3) NATIONAL LIAISON.—The Secretary of Ag16 riculture shall designate a Job Corps National Liai17 son to support the agreement under this section be18 tween the Departments of Labor and Agriculture.’’. 

19 SEC. 137. PROGRAM ACTIVITIES. 

20 Section 148 is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) ACTIVITIES PROVIDED BY JOB CORPS CEN24 TERS.— 


smartinez on DSK6TPTVN1PROD with BILLS
114 

•HR 4227 IH

1 ‘‘(1) IN GENERAL.—Each Job Corps center 

2 shall provide enrollees with an intensive, organized, 

3 and supervised program of education, including 

4 English language acquisition programs, career and 

5 technical education and training, work experience, 

6 work-based learning, recreational activities, physical 

7 rehabilitation and development, and counseling, 

8 which may include information about financial lit9 eracy. Each Job Corps center shall provide enrollees 

10 assigned to the center with access to core services 

11 described in section 134(c)(2) and the intensive serv12 ices described in section 134(c)(3). 

13 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

14 ‘‘(A) IN GENERAL.—The activities pro15 vided under this subsection shall be targeted to 

16 helping enrollees, on completion of their enroll17 ment— 

18 ‘‘(i) secure and maintain meaningful 

19 unsubsidized employment; 

20 ‘‘(ii) enroll in and complete secondary 

21 education or postsecondary education or 

22 training programs, including other suitable 

23 career and technical education and train24 ing, and registered apprenticeship pro25 grams; or 


smartinez on DSK6TPTVN1PROD with BILLS
115 

•HR 4227 IH

1 ‘‘(iii) satisfy Armed Forces require2 ments. 

3 ‘‘(3) LINK TO EMPLOYMENT OPPORTUNITIES.— 

4 The career and technical education and training pro5 vided shall be linked to the employment opportuni6 ties in the local area in which the enrollee intends 

7 to seek employment after graduation.’’; 

8 (2) in subsection (b)— 

9 (A) in the subsection heading, by striking 

10 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

11 ‘‘ACADEMIC AND CAREER AND TECHNICAL

12 EDUCATION AND’’; 

13 (B) by striking ‘‘education and vocational’’ 

14 and inserting ‘‘career and technical education’’; 

15 (C) by striking ‘‘vocational educational’’ 

16 and inserting ‘‘career and technical edu17 cational’’; and 

18 (D) by striking ‘‘or technical institutes’’ 

19 and inserting ‘‘technical institutes, or national 

20 service providers’’; 

21 (3) in subsection (c)— 

22 (A) by amending paragraph (2) to read as 

23 follows: 

24 ‘‘(2) BENEFITS.—During the period of partici25 pation in an advanced career training program, an 


smartinez on DSK6TPTVN1PROD with BILLS
116 

•HR 4227 IH

1 enrollee shall be eligible for full Job Corps benefits, 

2 or a monthly stipend equal to the average value of 

3 the residential support, food, allowances, and other 

4 benefits provided to enrollees assigned to residential 

5 Job Corps centers.’’; and 

6 (B) in paragraph (3), by striking ‘‘Each 

7 year,’’ and inserting ‘‘The Secretary shall de8 velop standards by which’’; and 

9 (4) by amending subsection (d) to read as fol10 lows: 

11 ‘‘(d) GRADUATE SERVICES.—In order to promote the 

12 retention of graduates in employment or postsecondary 

13 education, the Secretary shall arrange for the provision 

14 of job placement and support services to graduates for up 

15 to 12 months after the date of graduation. One-stop part16 ners, may support the provision of these services, includ17 ing services from the State vocational rehabilitation agen18 cy to supplement job placement and job development ef19 forts for Job Corps graduates who are individuals with 

20 disabilities.’’. 

21 SEC. 138. SUPPORT. 

22 Section 150(b) is amended— 

23 (1) in the subsection heading, by striking ‘‘RE24 ADJUSTMENT ALLOWANCES’’ and inserting ‘‘TRAN25 SITION ALLOWANCES AND SUPPORT’’; 


smartinez on DSK6TPTVN1PROD with BILLS
117 

•HR 4227 IH

1 (2) in paragraph (1)— 

2 (A) in the paragraph heading, by striking 

3 ‘‘GRADUATES’’ and inserting ‘‘ALLOWANCES

4 FOR GRADUATES’’; 

5 (B) in the first sentence, by striking ‘‘read6 justment’’ and inserting ‘‘transition’’; and 

7 (C) by striking the second and third sen8 tences, and inserting the following: ‘‘The transi9 tion allowance shall be incentive-based to reflect 

10 a graduate’s completion of academic, career and 

11 technical education or training, and attainment 

12 of recognized postsecondary credentials.’’; and 

13 (3) by amending paragraph (2) to read as fol14 lows: 

15 ‘‘(2) TRANSITION SUPPORT FOR FORMER EN16 ROLLEES.—The Secretary may arrange for the pro17 vision of 3 months of employment services for 

18 former enrollees.’’. 

19 SEC. 139. COMMUNITY PARTICIPATION. 

20 Section 153 is amended— 

21 (1) by amending subsections (a) and (b) to read 

22 as follows: 

23 ‘‘(a) BUSINESS AND COMMUNITY PARTICIPATION.— 

24 The director of each Job Corps center shall ensure the 

25 establishment and development of the business and comVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
118 

•HR 4227 IH

1 munity networks described in subsection (b) in order to 

2 enhance the effectiveness of such centers. At centers where 

3 a national training contractor provides career and tech4 nical education training, and has direct and long-standing 

5 linkages to registered apprenticeship programs or affili6 ated national employer groups, the national training con7 tractor shall have the lead in maintaining networks with 

8 the programs described in clauses (ii) and (iii) of sub9 sections (b)(1)(C). 

10 ‘‘(b) NETWORKS.—The activities carried out by each 

11 Job Corps center under this section shall include— 

12 ‘‘(1) establishing and developing relationships 

13 and networks with— 

14 ‘‘(A) local and distant employers, to the 

15 extent practicable, in coordination with other 

16 Federal and non-Federal programs that con17 duct similar outreach to employers; 

18 ‘‘(B) applicable one-stop centers and appli19 cable local boards, for the purpose of pro20 viding— 

21 ‘‘(i) information to, and referral of, 

22 potential enrollees; and 

23 ‘‘(ii) job opportunities for Job Corps 

24 graduates; and 

25 ‘‘(C)(i) youth programs; 


smartinez on DSK6TPTVN1PROD with BILLS
119 

•HR 4227 IH

1 ‘‘(ii) registered apprenticeship programs, 

2 labor-management organizations and local labor 

3 organizations; 

4 ‘‘(iii) employers and contractors that sup5 port national training contractor programs; and 

6 ‘‘(iv) community-based organizations, non7 profit organizations, and intermediaries pro8 viding workforce development-related services; 

9 and 

10 ‘‘(2) establishing and developing relationships 

11 with members of the community in which the Job 

12 Corps center is located, informing members of the 

13 community about the projects of the Job Corps cen14 ter and changes in the rules, procedures, or activities 

15 of the center that may affect the community, and 

16 planning events of mutual interest to the community 

17 and the Job Corps center.’’; and 

18 (2) in subsection (c)— 

19 (A) by striking ‘‘Liaison for’’ and inserting 

20 ‘‘director of a’’; and 

21 (B) by striking ‘‘establish and develop’’ 

22 and inserting ‘‘ensure the establishment and de23 velopment of’’. 

24 SEC. 140. INDUSTRY COUNCILS. 

25 Section 154 is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
120 

•HR 4227 IH

1 (1) in subsection (a), by striking ‘‘after con2 sultation with the Liaison’’; and 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)(A)(ii), by striking 

5 ‘‘area’’ and inserting ‘‘areas in which enrollees 

6 will be seeking employment’’; 

7 (B) by adding after paragraph (2) the fol8 lowing: 

9 ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREA.— 

10 The industry council for a Job Corps center may in11 clude, or otherwise provide for consultation with, 

12 employers from outside the local area who are likely 

13 to hire a significant number of enrollees from the 

14 Job Corps center. 

15 ‘‘(4) SPECIAL RULE FOR SINGLE STATE LOCAL

16 AREAS.—In the case of a single State local area des17 ignated under section 116(b), the industry council 

18 shall include a representative of the State Board.’’; 

19 and 

20 (C) in subsection (c), by striking ‘‘voca21 tional’’ each place it appears and inserting ‘‘ca22 reer and technical education and’’. 


smartinez on DSK6TPTVN1PROD with BILLS
121 

•HR 4227 IH

1 SEC. 141. EXPERIMENTAL, RESEARCH, AND DEMONSTRA2 TION PROJECTS AND COLLEGE CORPS PRO3 GRAM. 

4 (a) MISCELLANEOUS AMENDMENTS.—Section 156 is 

5 amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 ‘‘(a) IN GENERAL.—The Secretary’’; 

8 (2) by striking ‘‘program and may waive’’ and 

9 inserting ‘‘program. The Secretary may waive’’; and 

10 (3) by inserting before the period the following: 

11 ‘‘if the Secretary informs the Committee on Health, 

12 Education, Labor, and Pensions of the Senate and 

13 the Committee on Education and the Workforce of 

14 the House of Representatives, in writing, not less 

15 than 90 days in advance of issuing such waiver.’’. 

16 (b) COLLEGE CORPS.—Section 156 is further amend17 ed by adding at the end the following new subsection: 

18 ‘‘(b) COLLEGE CORPS.— 

19 ‘‘(1) ESTABLISHMENT.—The Secretary of 

20 Labor and the Secretary of Education shall jointly 

21 establish a demonstration project under this section 

22 to be known as the ‘College Corps’ that provide at23 risk youth intensive education and skills training in 

24 order to prepare such youth for college and for high25 skilled employment that can only be achieved with a 

26 college degree. 


smartinez on DSK6TPTVN1PROD with BILLS
122 

•HR 4227 IH

1 ‘‘(2) SELECTION OF SITES.—The Secretary of 

2 Labor and the Secretary of Education shall jointly 

3 select sites to participate, on a competitive basis, 

4 from among underperforming Jobs Corps centers in 

5 areas with low levels of college attainment. 

6 ‘‘(3) ELIGIBLE OPERATORS.—The Secretary 

7 shall select College Corps center operators on a com8 petitive basis from among nonprofit organizations 

9 with prior success operating high-performing, college 

10 and career-ready education residential programs for 

11 at-risk young people. 

12 ‘‘(4) ADMINISTRATION PROJECTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 administer the College Corps sites in collabora15 tion with the Secretary of Education with the 

16 development of an interagency agreement that 

17 identifies the duties and responsibilities of the 

18 Departments under these projects. 

19 ‘‘(B) PARTNERSHIPS.—As part of the 

20 interagency agreement, the Secretary of Edu21 cation will be responsible for partnering with a 

22 State or local education agency for the purposes 

23 of granting a high school diploma that adheres 

24 to college and career ready standards and ac25 cessing State and local education dollars. 


smartinez on DSK6TPTVN1PROD with BILLS
123 

•HR 4227 IH

1 ‘‘(C) DEADLINE.—A grant, contract, or co2 operative agreement to operate at least one cen3 ter shall be awarded to an eligible operative 

4 within 1 year from enactment. 

5 ‘‘(5) ELIGIBLE PARTICIPANTS.—Individuals eli6 gible to participate in College Corps projects under 

7 this subsection shall be low-income youth who are in 

8 6th or 7th grade at the time they begin participation 

9 who meet at least two of the following criteria: 

10 ‘‘(A) Have a record of suspensions, office 

11 referrals, or chronic truancy. 

12 ‘‘(B) Have failed to achieve proficiency on 

13 State assessment in mathematics, reading, or 

14 both. 

15 ‘‘(C) Live in a household that is headed by 

16 a single parent or non-custodial parent. 

17 ‘‘(D) Is homeless or is a foster child. 

18 ‘‘(E) Live in a household that is public 

19 housing or receives public housing assistance. 

20 ‘‘(F) Have an immediate family member 

21 who is or has been incarcerated.’’. 

22 SEC. 142. TECHNICAL AMENDMENT. 

23 Section 158(c)(1) is amended by striking ‘‘title II of 

24 the Federal Property and Administrative Services Act of 


smartinez on DSK6TPTVN1PROD with BILLS
124 

•HR 4227 IH

1 1949 (40 U.S.C. 481 et seq.)’’ and inserting ‘‘chapter 5 

2 of title 40, United States Code,’’. 

3 SEC. 143. PERFORMANCE ACCOUNTABILITY AND MANAGE4 MENT. 

5 Section 159 is amended— 

6 (1) in the section heading, by striking ‘‘MAN7 AGEMENT INFORMATION’’ and inserting ‘‘PER8 FORMANCE ACCOUNTABILITY AND MANAGE9 MENT’’; and 

10 (2) by striking subsections (c) through (f), re11 designating subsection (g) as subsection (j), and in12 serting after subsection (b) the following: 

13 ‘‘(c) INFORMATION ON INDICATORS OF PERFORM14 ANCE.— 

15 ‘‘(1) LEVELS OF PERFORMANCE AND INDICA16 TORS.—The Secretary shall annually establish ex17 pected levels of performance for Job Corps centers 

18 and the Job Corps program relating to each of the 

19 primary indicators of performance for eligible youth 

20 activities described in section 136(b)(2)(A)(ii). 

21 ‘‘(2) PERFORMANCE OF RECRUITERS.—The 

22 Secretary shall also establish performance indicators, 

23 and expected performance levels on the performance 

24 indicators, for recruitment service providers serving 

25 the Job Corps program. The performance indicators 


smartinez on DSK6TPTVN1PROD with BILLS
125 

•HR 4227 IH

1 shall relate to the number of enrollees recruited, 

2 compared to the established goals for such recruit3 ment, and the number of enrollees who remain com4 mitted to the program for 90 days after enrollment. 

5 ‘‘(3) PERFORMANCE OF CAREER TRANSITION

6 SERVICE PROVIDERS.—The Secretary also shall es7 tablish performance indicators, and expected levels 

8 of performance for such indicators, for local and na9 tional career transition service provides serving the 

10 Job Corps program. The performance indicators 

11 shall include the number of graduates and former 

12 enrollees— 

13 ‘‘(A) who entered an unsubsidized employ14 ment related to the training they received at 

15 Job Corps and their average wage; and 

16 ‘‘(B) who entered other types of unsub17 sidized employment, the military, postsecondary 

18 education, or advanced training programs, in19 cluding registered apprenticeship programs, and 

20 their average wage, if applicable. 

21 ‘‘(4) REPORT.—The Secretary shall collect, and 

22 annually submit to the Committee on Health, Edu23 cation, Labor, and Pensions of the Senate and the 

24 Committee on Education and the Workforce of the 

25 House of Representatives, a report containing— 


smartinez on DSK6TPTVN1PROD with BILLS
126 

•HR 4227 IH

1 ‘‘(A) information on the performance of 

2 each Job Corps center, and the Job Corps pro3 gram, on the performance indicators described 

4 in paragraph (1), as compared to the expected 

5 level of performance established under such 

6 paragraph for each performance accountability 

7 measure; and 

8 ‘‘(B) information on the performance of 

9 the service providers described in paragraph (2) 

10 on the performance indicators established under 

11 such paragraph, as compared to the expected 

12 performance levels for the performance indica13 tors. 

14 ‘‘(d) ADDITIONAL INFORMATION.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall also 

16 collect, and submit in the report described in sub17 section (c), information on the performance of each 

18 Job Corps center, and the Job Corps program, re19 garding— 

20 ‘‘(A) the number of enrollees entering and 

21 completing by field of education or training; 

22 ‘‘(B) demographic information on the en23 rollees served, including age, race, gender, and 

24 education and income level; 


smartinez on DSK6TPTVN1PROD with BILLS
127 

•HR 4227 IH

1 ‘‘(C) the number of graduates who entered 

2 the Armed Forces; 

3 ‘‘(D) the number of graduates who entered 

4 unsubsidized employment related to the career 

5 and technical education and training received 

6 through the Job Corps program and the num7 ber who entered unsubsidized employment not 

8 related to the education and training received; 

9 ‘‘(E) the starting hourly wages of grad10 uates and whether they receive other forms of 

11 compensation and benefits; 

12 ‘‘(F) the number and percentage of former 

13 enrollees, including the number dismissed under 

14 the zero tolerance policy described in section 

15 152(b); and 

16 ‘‘(G) any additional information required 

17 by the Secretary. 

18 ‘‘(2) RULES FOR REPORTING OF DATA.—The 

19 disaggregation of data under this subsection shall 

20 not be required when the number of individuals in 

21 a category is insufficient to yield statistically reliable 

22 information or when the results would reveal person23 ally identifiable information about an individual. 

24 ‘‘(e) METHODS.—The Secretary shall collect the in25 formation described in subsections (c) and (d), using 


smartinez on DSK6TPTVN1PROD with BILLS
128 

•HR 4227 IH

1 methods described in section 136(i)(2) and consistent with 

2 State law, by entering into agreements with the States to 

3 access such data for Job Corps enrollees, former enrollees, 

4 and graduates. 

5 ‘‘(f) PERFORMANCE ASSESSMENTS AND IMPROVE6 MENTS.— 

7 ‘‘(1) ASSESSMENTS.—The Secretary shall con8 duct an annual assessment of the performance of 

9 each Job Corps center. Based on the assessment, the 

10 Secretary shall take measures to continuously im11 prove the performance of the Job Corps program. 

12 ‘‘(2) PERFORMANCE IMPROVEMENT.—With re13 spect to a Job Corps center that fails to meet the 

14 expected levels of performance relating to the pri15 mary indicators of performance specified in sub16 section (c)(1), the Secretary shall develop and imple17 ment a performance improvement plan. Such a plan 

18 shall require action to be taken during a one-year 

19 period, including— 

20 ‘‘(A) providing technical assistance to the 

21 center; 

22 ‘‘(B) changing the career and technical 

23 education and training offered at the center; 

24 ‘‘(C) changing the management staff of the 

25 center; 


smartinez on DSK6TPTVN1PROD with BILLS
129 

•HR 4227 IH

1 ‘‘(D) replacing the operator of the center; 

2 ‘‘(E) reducing the capacity of the center; 

3 ‘‘(F) relocating the center; or 

4 ‘‘(G) closing the center. 

5 ‘‘(3) ADDITIONAL PERFORMANCE IMPROVE6 MENT.—In addition to the performance improvement 

7 plans required under paragraph (2), the Secretary 

8 may develop and implement additional performance 

9 improvement plans. Such a plan shall require im10 provements, including the actions described in such 

11 paragraph, for a Job Corps center that fails to meet 

12 criteria established by the Secretary other than the 

13 expected levels of performance described in such 

14 paragraph. 

15 ‘‘(4) CIVILIAN CONSERVATION CENTERS.—With 

16 respect to a Civilian Conservation Center that fails 

17 to meet the expected levels of performance relating 

18 to the primary indicators of performance specified in 

19 subsection (c)(1), or fails to improve performance as 

20 described in paragraph (2), the Secretary, in con21 sultation with the Secretary of Agriculture, may se22 lect an entity to operate a Civilian Conservation 

23 Center on a competitive basis, in accordance with 

24 the requirements of section 147(a)(2)(B). 


smartinez on DSK6TPTVN1PROD with BILLS
130 

•HR 4227 IH

1 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec2 retary shall require that an entity that has entered into 

3 a contract with a Job Corps operator to provide work4 based learning activities for any Job Corps enrollee under 

5 this subtitle shall comply with the Occupational Safety 

6 and Health Act of 1970 (20 U.S.C. 651 et seq.) or, as 

7 appropriate, under the corresponding State Occupational 

8 Safety and Health Act of 1970 requirements in the State 

9 in which such activities occur. 

10 ‘‘(h) BUILDINGS AND FACILITIES.—The Secretary 

11 shall collect, and submit in the report described in sub12 section (c), information regarding the state of Job Corps 

13 buildings and facilities. Such report shall include— 

14 ‘‘(1) a review of requested construction, reha15 bilitation, and acquisition projects, by each Job 

16 Corps center; and 

17 ‘‘(2) a review of new facilities under construc18 tion. 

19 ‘‘(i) NATIONAL AND COMMUNITY SERVICE.—The 

20 Secretary shall include in the report described in sub21 section (c) available information regarding the national 

22 and community service activities of enrollees, particularly 

23 those enrollees at Civilian Conservation Centers.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
131 

•HR 4227 IH

1 SEC. 144. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 161 is amended by striking ‘‘fiscal years 

3 1999 through 2003’’ and inserting ‘‘fiscal years 2012 

4 through 2016’’. 

5 Subtitle D—National Programs 

6 SEC. 151. NATIVE AMERICAN PROGRAMS. 

7 Section 166 is amended— 

8 (1) in subsection (a)(1)(B), by inserting ‘‘and 

9 to equip them with the entrepreneurial skills nec10 essary for successful self-employment’’ after ‘‘work11 force’’; 

12 (2) in subsection (c)(2), by adding at the end 

13 the following: ‘‘The Secretary may exercise the waiv14 er authority of the preceding sentence not more than 

15 once during any 4-year period with respect to any 

16 single recipient.’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (1)(B)— 

19 (i) by inserting ‘‘Alaska Natives’’ 

20 after ‘‘Indians’’; 

21 (ii) by striking ‘‘unsubsidized’’; and 

22 (iii) by inserting ‘‘leading to self-suffi23 ciency and the development of the aca24 demic, occupational, and literacy skills of 

25 such individuals’’ before the period; and 

26 (B) in paragraph (2)— 


smartinez on DSK6TPTVN1PROD with BILLS
132 

•HR 4227 IH

1 (i) in subparagraph (A)(i), by insert2 ing ‘‘, including training on entrepreneurial 

3 skills’’ before the semicolon; and 

4 (ii) in subparagraph (A)(ii), by insert5 ing ‘‘Alaska Native’’ after ‘‘Indian’’; 

6 (4) in subsection (e)— 

7 (A) in paragraph (3)— 

8 (i) by striking ‘‘unsubsidized’’; and 

9 (ii) by inserting ‘‘leading to self-suffi10 ciency’’ before the semicolon; and 

11 (B) in paragraph (5)— 

12 (i) by inserting ‘‘accountability’’ after 

13 ‘‘performance’’; and 

14 (ii) by inserting ‘‘, which shall include 

15 the primary indicators of performance de16 scribed in section 136(b)(2)(A) and ex17 pected levels of performance for such indi18 cators, in accordance with subsection (h)’’ 

19 before the period; 

20 (5) by redesignating subsections (h) through (j) 

21 as subsections (i) through (k), respectively, and in22 serting after subsection (g) the following new sub23 section: 

24 ‘‘(h) PERFORMANCE ACCOUNTABILITY MEASURES.— 


smartinez on DSK6TPTVN1PROD with BILLS
133 

•HR 4227 IH

1 ‘‘(1) ADDITIONAL PERFORMANCE INDICATORS

2 AND STANDARDS.— 

3 ‘‘(A) DEVELOPMENT OF INDICATORS AND

4 STANDARDS.—The Secretary, in consultation 

5 with the Native American Employment and 

6 Training Council, shall develop a set of per7 formance indicators and standards that is in 

8 addition to the primary indicators of perform9 ance described in section 136(b)(2)(A) and that 

10 shall be applicable to programs under this sec11 tion. 

12 ‘‘(B) SPECIAL CONSIDERATIONS.—Such 

13 performance indicators and standards shall take 

14 into account— 

15 ‘‘(i) the purpose of this section as de16 scribed in subsection (a)(1); 

17 ‘‘(ii) the needs of the groups served by 

18 this section, including the differences in 

19 needs among such groups in various geo20 graphic service areas; and 

21 ‘‘(iii) the economic circumstances of 

22 the communities served, including dif23 ferences in circumstances among various 

24 geographic service areas. 


smartinez on DSK6TPTVN1PROD with BILLS
134 

•HR 4227 IH

1 ‘‘(C) AGREEMENT ON ADJUSTED LEVELS

2 OF PERFORMANCE.—The Secretary and the en3 tity described in subsection (c) shall reach 

4 agreement on the levels of performance for each 

5 of the primary indicators of performance de6 scribed in section 136(b)(2)(A), taking into ac7 count economic conditions, characteristics of the 

8 individuals served, and other appropriate fac9 tors and using, to the extent practicable, the 

10 statistical adjustment model under section 

11 136(b)(3)(A)(viii). The levels agreed to shall be 

12 the adjusted levels of performance and shall be 

13 incorporated in the program plan.’’; 

14 (6) in subsection (i) (as so redesignated)— 

15 (A) in paragraph (2)(A)— 

16 (i) by striking ‘‘performance meas17 ures’’ and inserting ‘‘regulations relating 

18 to the performance accountability meas19 ures’’; and 

20 (ii) by striking ‘‘such subsection, tak21 ing into account the economic cir22 cumstances of such entities’’ and inserting 

23 ‘‘this section’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
135 

•HR 4227 IH

1 (B) in paragraph (4)(A), by inserting ‘‘and 

2 to provide the advice described in subparagraph 

3 (C)’’ before the period; and 

4 (7) in subsection (k) (as so redesignated)— 

5 (A) in paragraph (1) by striking ‘‘Amer6 ican Samoans who reside in Hawaii for the co7 location of federally funded and State-funded’’ 

8 and inserting ‘‘the Cook Inlet Tribal Council, 

9 Incorporated, and the University of Hawaii at 

10 Maui, for the unique populations who reside in 

11 Alaska or Hawaii, respectively, to improve job 

12 training and’’; and 

13 (B) in paragraph (2), by striking ‘‘fiscal 

14 year 1999’’ and inserting ‘‘each of fiscal years 

15 2012 through 2016’’. 

16 SEC. 152. MIGRANT AND SEASONAL FARMWORKER PRO17 GRAMS. 

18 Section 167 is amended— 

19 (1) in subsection (b)— 

20 (A) by inserting ‘‘and deliver’’ after ‘‘ad21 minister’’; and 

22 (B) by inserting ‘‘workforce investment’’ 

23 after ‘‘including youth’’; 

24 (2) in subsection (c)— 

25 (A) in paragraph (2)— 


smartinez on DSK6TPTVN1PROD with BILLS
136 

•HR 4227 IH

1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘identify’’ and in3 serting ‘‘describe the population to be 

4 served and identify’’; and 

5 (II) by inserting ‘‘, including up6 graded employment in agriculture’’ 

7 before the semicolon; 

8 (ii) in subparagraph (B), by striking 

9 ‘‘; and’’ and inserting a semicolon; 

10 (iii) in subparagraph (C)— 

11 (I) by striking ‘‘indicators of per12 formance’’ and inserting ‘‘perform13 ance accountability measures’’; and 

14 (II) by inserting ‘‘, which shall 

15 include the expected levels of perform16 ance for the primary indicators of per17 formance described in section 

18 136(b)(2)(A)’’ before the semicolon; 

19 and 

20 (iv) by inserting after subparagraph 

21 (C) the following new subparagraphs: 

22 ‘‘(D) describe the availability and accessi23 bility of local resources such as supportive serv24 ices, services provided through one-stop delivery 

25 systems, and education and training services, 


smartinez on DSK6TPTVN1PROD with BILLS
137 

•HR 4227 IH

1 and how the resources can be made available to 

2 the population to be served; and 

3 ‘‘(E) describe the plan for providing serv4 ices under this section, including strategies and 

5 systems for outreach, career planning, assess6 ment, and delivery through one-stop delivery 

7 systems.’’; 

8 (B) by redesignating paragraphs (3) and 

9 (4) as paragraphs (4) and (5), respectively, and 

10 inserting after paragraph (2) the following new 

11 paragraph: 

12 ‘‘(3) AGREEMENT ON ADJUSTED LEVELS OF

13 PERFORMANCE.—The Secretary and the entity de14 scribed in subsection (b) shall reach agreement on 

15 the levels of performance for each of the primary in16 dicators of performance described in section 

17 136(b)(2)(A), taking into account economic condi18 tions, characteristics of the individuals served, and 

19 other appropriate factors, and using, to the extent 

20 practicable the statistical adjustment model under 

21 section 136(b)(3)(A)(viii). The levels agreed to shall 

22 be the adjusted levels of performance and shall be 

23 incorporated in the program plan.’’; and 

24 (C) in paragraph (5)(B) (as so redesig25 nated)— 


smartinez on DSK6TPTVN1PROD with BILLS
138 

•HR 4227 IH

1 (i) by striking ‘‘grant or contract’’ the 

2 first place it appears and inserting ‘‘grant, 

3 contract, or agreement’’; 

4 (ii) by striking ‘‘under the terms of 

5 the grant agreement or contract’’; 

6 (iii) by striking ‘‘requirement’’ and in7 serting ‘‘requirements’’; 

8 (iv) by striking ‘‘plan described in 

9 paragraph (1)’’ and inserting ‘‘program 

10 plan’’; and 

11 (v) by striking ‘‘grant or contract’’ 

12 the second place it appears and inserting 

13 ‘‘period of the grant, contract, or agree14 ment’’; 

15 (3) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds made avail18 able under this section and section 127 shall be used to 

19 carry out workforce investment activities (including youth 

20 workforce investment activities) and provide related assist21 ance for eligible migrant and seasonal farmworkers, which 

22 may include— 

23 ‘‘(1) outreach, employment, training, edu24 cational assistance, literacy assistance, English lan25 guage and literacy instruction, pesticide and worker 


smartinez on DSK6TPTVN1PROD with BILLS
139 

•HR 4227 IH

1 safety training, housing (including permanent hous2 ing), supportive services, and school dropout preven3 tion activities; 

4 ‘‘(2) followup services for those individuals 

5 placed in employment; 

6 ‘‘(3) self-employment and related business or 

7 micro-enterprise development education as needed by 

8 eligible individuals as identified pursuant to the plan 

9 required by subsection (c); 

10 ‘‘(4) customized career and technical education 

11 in occupations that will lead to higher wages, en12 hanced benefits, and long-term employment in agri13 culture or another area; and 

14 ‘‘(5) technical assistance to improve coordina15 tion of services and implement best practices relat16 ing to service delivery through one-stop delivery sys17 tems.’’; 

18 (4) by amending subsection (f) to read as fol19 lows: 

20 ‘‘(f) REGULATIONS.—The Secretary shall establish 

21 regulations to carry out this section, including regulations 

22 relating to how economic and demographic barriers to em23 ployment of eligible migrant and seasonal farmworkers 

24 should be considered and included in the negotiations leadVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
140 

•HR 4227 IH

1 ing to the adjusted levels of performance described in sub2 section (c).’’; 

3 (5) in subsection (g), by striking ‘‘(enacted by 

4 the Single Audit Act of 1984)’’; and 

5 (6) by amending subsection (h) and deleting 

6 subsection (i) to read as follows: 

7 ‘‘(h) FUNDING ALLOCATION.—From the funds ap8 propriated and made available to carry out this section, 

9 the Secretary may reserve not more than 1 percent for 

10 national purposes, such as providing technical assistance 

11 to eligible entities.’’. 

12 SEC. 153. VETERANS WORKFORCE INVESTMENT PRO13 GRAMS. 

14 Section 168 is amended— 

15 (1) in subsection (a)(3)(A), by inserting ‘‘, in16 cluding services provided by one-stop operators and 

17 one-stop partners’’ before the semicolon; 

18 (2) in subsection (b)(2)(A), by inserting ‘‘ac19 countability’’ after ‘‘performance’’; and 

20 (3) by adding at the end of subsection (b) the 

21 following new paragraph: 

22 ‘‘(3) PERFORMANCE ACCOUNTABILITY MEAS23 URES.—In carrying out the responsibilities relating 

24 to performance accountability measures described in 

25 paragraph (2)(A), the Assistant Secretary for VetVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
141 

•HR 4227 IH

1 erans’ Employment and Training shall, for each 

2 grant or contract under this section providing edu3 cation, training, or employment services to veterans, 

4 include among such measures the primary indicators 

5 of performance described in section 136(b)(2)(A)(i) 

6 and adjusted levels of performance for each such in7 dicator that are agreed to by the Assistant Secretary 

8 and the recipient of the grant or contract.’’. 

9 SEC. 154. REPEAL. 

10 Section 169 is repealed. 

11 SEC. 155. TECHNICAL ASSISTANCE. 

12 Section 170 is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(c) PROMISING AND PROVEN PRACTICES COORDI15 NATION.—Consistent with the identification and dissemi16 nation of promising and proven practices under subtitle 

17 B of title I, the Secretary shall— 

18 ‘‘(1) establish a system through which States 

19 and local areas share information regarding prom20 ising and proven practices with regard to the oper21 ation of workforce investment activities under this 

22 Act; 

23 ‘‘(2) evaluate and disseminate information re24 garding such promising and proven practices and 

25 identify knowledge gaps; and 


smartinez on DSK6TPTVN1PROD with BILLS
142 

•HR 4227 IH

1 ‘‘(3) commission research under section 170(c) 

2 to address knowledge gaps identified under para3 graph (2).’’. 

4 SEC. 156. INNOVATION PROJECTS. 

5 Section 171 is amended— 

6 (1) in the section heading, by striking ‘‘DEM7 ONSTRATION, PILOT, MULTISERVICE, RE8 SEARCH AND MULTISTATE PROJECTS’’ and in9 serting ‘‘INNOVATION PROJECTS’’; 

10 (2) by amending subsections (b) and (c) to read 

11 as follows: 

12 ‘‘(b) INNOVATION PROJECTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall, 

14 through grants or contracts, carry out demonstra15 tion and pilot projects that are consistent with the 

16 priorities specified in the plan published under sub17 section (a) and that are for the purposes of devel18 oping and implementing techniques and approaches, 

19 and demonstrating the effectiveness of specialized 

20 methods, in addressing employment and training 

21 needs. Such projects shall— 

22 ‘‘(A) include the provision of direct services 

23 to individuals; 

24 ‘‘(B) be subject to measures of perform25 ance that include the primary indicators of perVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
143 

•HR 4227 IH

1 formance described in section 136(b)(2)(A) as 

2 well as other appropriate indicators; and 

3 ‘‘(C) include an evaluation component as 

4 appropriate to the program design. 

5 ‘‘(2) TYPES OF PROJECTS.—Such projects may 

6 include— 

7 ‘‘(A) projects that assist employers in con8 necting with the workforce investment system 

9 established under this Act in order to facilitate 

10 the recruitment, employment, and retention of 

11 workers for jobs with career pathways and to 

12 provide information to such system on skills 

13 and high-growth occupations; 

14 ‘‘(B) projects that focus on opportunities 

15 for employment in industries and sectors of in16 dustries that are experiencing, or are likely to 

17 experience, high rates of growth, including 

18 health care and advanced manufacturing sec19 tors, and have jobs with wages and benefits 

20 leading to economic self-sufficiency; 

21 ‘‘(C) projects that focus on local partner22 ships of industry, labor, community colleges, 

23 area career and technical education centers 

24 community-based organizations, and economic 

25 development organizations, to promote opportuVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
144 

•HR 4227 IH

1 nities for dislocated workers and long-term un2 employed to receive training and related serv3 ices for employment and access to career lad4 ders in high-demand sectors; 

5 ‘‘(D) projects to determine the feasibility 

6 of, and potential means to replicate, measuring 

7 the compensation, including the wages, benefits, 

8 and other incentives provided by an employer, 

9 received by program participants by using data 

10 other than or in addition to data available 

11 through wage records, for potential use as a 

12 performance indicator; 

13 ‘‘(E) projects to develop and implement 

14 promising or proven approaches and tech15 nologies, including the use of distance education 

16 and activities to increase the digital literacy of 

17 older individuals, in order to deliver employ18 ment related, work-based training services and 

19 recognized postsecondary credentials; 

20 ‘‘(F) projects that provide retention 

21 grants, which grants shall— 

22 ‘‘(i) be provided to job training and 

23 apprenticeship programs that have dem24 onstrated expertise in serving low-income 

25 individuals and that offer instruction, asVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
145 

•HR 4227 IH

1 sessment, and professional coaching, for 

2 each low-income individual who is retained 

3 in such employment with such employer for 

4 a period of 1 year; and 

5 ‘‘(ii) be provided taking into account 

6 the economic benefit received by the Fed7 eral Government from the employment and 

8 retention of the individual, including the 

9 economic benefit from tax revenue and de10 creased public subsidies; 

11 ‘‘(G) projects utilizing a pay-for-perform12 ance approach for providers of education, train13 ing, and employment services to individuals 

14 with barriers to employment, including services 

15 targeted to addressing the specific challenges 

16 and conditions that have created barriers for 

17 participants in programs under this Act; 

18 ‘‘(H) projects that provide comprehensive 

19 education and training services, and support 

20 services, in coordination with local boards, for 

21 populations in targeted high poverty areas 

22 where the greatest barriers to employment 

23 exist, including ex-offenders, out-of-school 

24 youth, and public assistance recipient popu25 lations; and 


smartinez on DSK6TPTVN1PROD with BILLS
146 

•HR 4227 IH

1 ‘‘(I) projects that seek to replicate exem2 plary youth programs that have demonstrated 

3 effectiveness in 2 or more noncontiguous local 

4 areas in preparing youth for success in the 

5 workforce. 

6 ‘‘(3) CONDITIONS.— 

7 ‘‘(A) COMPETITIVE AWARDS.—Grants or 

8 contracts awarded for carrying out demonstra9 tion and pilot projects under this subsection 

10 shall be awarded on a competitive basis and in 

11 accordance with generally applicable Federal re12 quirements. 

13 ‘‘(B) TIME LIMITS.—The Secretary shall 

14 establish appropriate time limits for carrying 

15 out demonstration and pilot projects under this 

16 subsection.’’; and 

17 (3) in subsection (e)(7), by striking ‘‘(Public 

18 Law 109–58)’’ and inserting ‘‘(42 U.S.C. 15852)’’. 

19 SEC. 157. WORKFORCE AND YOUTH INNOVATION AND BEST 

20 PRACTICES GRANTS. 

21 The Workforce Investment Act of 1998 is further 

22 amended by inserting after section 171 the following new 

23 sections: 


smartinez on DSK6TPTVN1PROD with BILLS
147 

•HR 4227 IH

1 ‘‘SEC. 171A. WORKFORCE INNOVATION AND BEST PRAC2 TICES GRANTS. 

3 ‘‘(a) PURPOSE.—It is the purpose of this section to— 

4 ‘‘(1) promote the development of comprehensive 

5 workforce investment systems at the State, regional, 

6 and local levels that reflect the alignment of strate7 gies and activities across the core programs and, 

8 where appropriate, across other workforce develop9 ment, education, economic development, and human 

10 services programs, to provide effective, high quality, 

11 and client-centered services to job seekers and work12 ers, youth, and employers; 

13 ‘‘(2) promote innovation and to improve, rep14 licate, and expand models and service delivery strat15 egies of demonstrated effectiveness in meeting the 

16 education, training, and employment needs of job 

17 seekers and workers, and youth, including such indi18 viduals with barriers to employment, and employers; 

19 and 

20 ‘‘(3) establish and improve programs for youth 

21 that provide access to career pathways that include 

22 the attainment of a recognized postsecondary cre23 dential or employment that leads to economic self24 sufficiency. 

25 ‘‘(b) PROGRAM AUTHORIZED.—From amounts ap26 propriated to carry out this section, the Secretary of 


smartinez on DSK6TPTVN1PROD with BILLS
148 

•HR 4227 IH

1 Labor and the Secretary of Education, in accordance with 

2 section 176, shall— 

3 ‘‘(1) for the first program year that begins 

4 after the date of enactment of the Workforce Invest5 ment Act of 2012, award transition grants in ac6 cordance with section 175; and 

7 ‘‘(2) with funds not awarded for transition 

8 grants under paragraph (1) for the first program 

9 years that begins after the date of enactment of the 

10 Workforce Investment Act of 2012, and for subse11 quent years, award workforce innovation and best 

12 practices grants to eligible entities in accordance 

13 with subsection (c). 

14 ‘‘(c) WORKFORCE INNOVATION AND BEST PRAC15 TICES GRANTS TO ELIGIBLE ENTITIES.— 

16 ‘‘(1) IN GENERAL.—From funds described in 

17 subsection (b)(1), the Secretary of Labor and the 

18 Secretary of Education shall award workforce inno19 vation and replication grants on a competitive basis 

20 to eligible entities in accordance with paragraph (2) 

21 to be used for the purposes set forth in subsection 

22 (a). 

23 ‘‘(2) ELIGIBLE ENTITIES.— 

24 ‘‘(A) IN GENERAL.—To be eligible to re25 ceive a grant under this subsection, a State 


smartinez on DSK6TPTVN1PROD with BILLS
149 

•HR 4227 IH

1 partnership or regional entity shall meet the re2 quirements of this paragraph, submit an appli3 cation in accordance with subsection (e), and be 

4 in partnership with one or more of the fol5 lowing: 

6 ‘‘(i) A nonprofit organization with rel7 evant expertise, including a community8 based organization. 

9 ‘‘(ii) An institution of higher edu10 cation, including a community college. 

11 ‘‘(iii) A joint labor-management part12 nership. 

13 ‘‘(B) STATE PARTNERSHIP.—For a State 

14 partnership to be eligible for funding under this 

15 subsection, a Governor of a State shall— 

16 ‘‘(i) submit the application in partner17 ship with the State board and with 1 or 

18 more regional entities in the State de19 scribed in subparagraph (C); and 

20 ‘‘(ii) demonstrate that the State has— 

21 ‘‘(I) aligned the core programs; 

22 ‘‘(II) made significant progress 

23 towards aligning the core programs 

24 with other workforce investment pro25 grams; and 


smartinez on DSK6TPTVN1PROD with BILLS
150 

•HR 4227 IH

1 ‘‘(III) achieved the alignments 

2 described in subclauses (I) and (II) 

3 consistent with the State plan. 

4 ‘‘(C) REGIONAL ENTITIES.—To be identi5 fied as a regional entity and to be eligible for 

6 funding under this subsection, a local board for 

7 a local area that is aligned with a region, or all 

8 of the local boards for local areas that comprise 

9 a planning region under section 116(c), shall 

10 demonstrate that— 

11 ‘‘(i) the application has been devel12 oped in consultation with the State and is 

13 not duplicative of other applications under 

14 this subsection submitted by a State part15 nership; and 

16 ‘‘(ii) the local board, or all of the local 

17 boards for the planning region, has— 

18 ‘‘(I) worked with the core pro19 grams to achieve alignment of such 

20 programs in the region; 

21 ‘‘(II) made significant progress 

22 towards aligning the core programs 

23 with other workforce investment pro24 grams in the region; and 


smartinez on DSK6TPTVN1PROD with BILLS
151 

•HR 4227 IH

1 ‘‘(III) achieved the alignments 

2 described in subclauses (I) and (II) 

3 consistent with the State plan. 

4 ‘‘(d) TYPES OF GRANTS AUTHORIZED.— 

5 ‘‘(1) IN GENERAL.—From amounts appro6 priated to carry out this section, the Secretary of 

7 Labor and the Secretary of Education shall award 

8 eligible entities one or more of the following: 

9 ‘‘(A) PLANNING GRANT.—The Secretary of 

10 Labor and the Secretary of Education may 

11 award a planning grant under this section, not 

12 to exceed a total of $250,000 for a 1-year pe13 riod, to an eligible entity that— 

14 ‘‘(i) is preparing to establish an inno15 vative workforce investment project; and 

16 ‘‘(ii) has not received a grant under 

17 this section. 

18 ‘‘(B) INNOVATION GRANT.—The Secre19 taries may award an innovation grant under 

20 this section, not to exceed a total of $3,000,000 

21 for a 2-year period to an eligible entity that— 

22 ‘‘(i) has already received a planning 

23 grant under this section; or 

24 ‘‘(ii) has already established an inno25 vative workforce investment project. 


smartinez on DSK6TPTVN1PROD with BILLS
152 

•HR 4227 IH

1 ‘‘(C) SUSTAINABILITY GRANT.—The Secre2 taries may award a sustainability grant, not to 

3 exceed a total of $2,000,000 for a 2-year period 

4 or $5,000,000 for a 5-year period, to an eligible 

5 entity that— 

6 ‘‘(i) has established an innovative 

7 workforce investment project that has dem8 onstrated measurable improvements as 

9 measured by the performance measures set 

10 forth in section 136; and 

11 ‘‘(ii) seeks to expand or replicate that 

12 project on the State, local, or regional 

13 level. 

14 ‘‘(2) FEDERAL AND NON-FEDERAL SHARE.— 

15 The Federal share for the grants described in para16 graph (1) shall be— 

17 ‘‘(A) for a planning grant described in 

18 paragraph (1)(A), 100 percent; 

19 ‘‘(B) for an innovation grant described in 

20 paragraph (1)(B)— 

21 ‘‘(i) 90 percent of the costs of the ac22 tivities carried out under the grant, in the 

23 first year of the grant; 

24 ‘‘(ii) 80 percent of such costs in the 

25 second year of the grant; and 


smartinez on DSK6TPTVN1PROD with BILLS
153 

•HR 4227 IH

1 ‘‘(iii) 70 percent of such costs in the 

2 third year of the grant; and 

3 ‘‘(C) for a sustainability grant described in 

4 paragraph (1)(C)— 

5 ‘‘(i) for an eligible entity that receives 

6 a 2-year grant— 

7 ‘‘(I) not more than 50 percent of 

8 the costs of the activities carried out 

9 under the grant, in the first year of 

10 the grant; and 

11 ‘‘(II) not more than 30 percent 

12 of such costs in the second year of the 

13 grant; and 

14 ‘‘(ii) for an eligible entity that receives 

15 a 5-year grant— 

16 ‘‘(I) not more than 70 percent of 

17 the costs of the activities carried out 

18 under the grant, in the first year of 

19 the grant; 

20 ‘‘(II) not more than 60 percent 

21 of such costs in the second year of the 

22 grant; 

23 ‘‘(III) not more than 50 percent 

24 of such costs in the third year of the 

25 grant; 


smartinez on DSK6TPTVN1PROD with BILLS
154 

•HR 4227 IH

1 ‘‘(IV) not more than 40 percent 

2 of such costs in the fourth year of the 

3 grant; and 

4 ‘‘(V) not more than 30 percent of 

5 such costs in the fifth year of the 

6 grant. 

7 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

8 share of an innovation or sustainability grant under 

9 this section may be in cash or in-kind, and may 

10 come from State, local, philanthropic, private, or 

11 other resources. 

12 ‘‘(4) FINANCIAL HARDSHIP WAIVER.—The Sec13 retary of Labor and the Secretary of Education may 

14 waive or reduce the matching share of an eligible en15 tity that has submitted an application under this 

16 subsection if such entity demonstrates a need for 

17 such waiver or reduction due to financial hardship 

18 as defined by the Secretary of Labor and the Sec19 retary of Education. 

20 ‘‘(5) FISCAL AGENT.—Each eligible entity that 

21 is a State consortia or partnership receiving a grant 

22 under this subsection shall designate an entity in the 

23 partnership as the fiscal agent for purposes of this 

24 grant. 


smartinez on DSK6TPTVN1PROD with BILLS
155 

•HR 4227 IH

1 ‘‘(6) SUPPLEMENT NOT SUPPLANT.—Federal 

2 funds awarded under this section shall be used to 

3 supplement, not supplant non-Federal resources that 

4 would be used to support activities carried out as 

5 part of the innovative workforce investment project. 

6 ‘‘(7) GRANT PERIOD.— 

7 ‘‘(A) PLANNING GRANTS.—Grants awarded 

8 under paragraph (1)(A) shall be made for a pe9 riod of not longer than 1 year. 

10 ‘‘(B) INNOVATION GRANT.—Grants award11 ed under paragraph (1)(B) shall be made for a 

12 period of no longer than 3 years. 

13 ‘‘(C) SUSTAINABILITY GRANT.—Grants 

14 awarded under paragraph (1)(C) shall be made 

15 for a period of no longer than 5 years. 

16 ‘‘(e) APPLICATION.—An eligible entity seeking a 

17 grant under this section shall submit an application to the 

18 Secretary of Labor and the Secretary of Education at such 

19 time, in such manner, and containing such information as 

20 the Secretary of Labor and the Secretary of Education 

21 may require. An application submitted under this para22 graph may include the following: 

23 ‘‘(1) A description of the eligible entity, evi24 dence of the eligible entity’s capacity to carry out ac25 tivities in support of the strategic objectives identiVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
156 

•HR 4227 IH

1 fied in the application under paragraph (4), and, if 

2 the eligible entity is a partnership, a description of 

3 the expected participation and responsibilities of 

4 each of the partners. 

5 ‘‘(2) A description of the industry or targeted 

6 industry cluster that will be served through the 

7 project, including a description of how the skilled 

8 workforce needs of small- and medium-sized employ9 ers connected with that industry or industries will be 

10 addressed. 

11 ‘‘(3) A description of the target worker popu12 lations to be served through the project, including a 

13 description of target worker populations with signifi14 cant barriers to employment and a description of 

15 strategies that will be used to help overcome such 

16 barriers. 

17 ‘‘(4) A description of the strategic objectives 

18 that the eligible entity seeks to achieve through the 

19 funded project for— 

20 ‘‘(A) implementing career pathways strate21 gies, which may include— 

22 ‘‘(i) providing clear linkages between 

23 remedial, academic and occupational pro24 grams within educational institutions, and 

25 articulation of credits across institutions; 


smartinez on DSK6TPTVN1PROD with BILLS
157 

•HR 4227 IH

1 ‘‘(ii) designing curricula in terms of 

2 competencies required for education and 

3 career advancement, and, where possible, 

4 tied to industry skill standards, certifi5 cations or licensing requirements including 

6 those developed by industry or sector part7 nerships; 

8 ‘‘(iii) offering programs at times and 

9 places (including workplaces) convenient 

10 for working adults and structured in small 

11 modules or ‘chunks’, each leading to recog12 nized credential; 

13 ‘‘(iv) allowing flexibility to enter and 

14 exit education as participants’ cir15 cumstances permit; 

16 ‘‘(v) providing support services, in17 cluding career assessment and counseling, 

18 case management, child care, transpor19 tation, financial aid and job placement; 

20 ‘‘(vi) creating ‘bridge programs’ for 

21 educationally disadvantaged youths and 

22 adults that teach basic skills such as office 

23 communication, math and problem solving 

24 in the context of training for advancement 


smartinez on DSK6TPTVN1PROD with BILLS
158 

•HR 4227 IH

1 to better jobs and postsecondary training; 

2 and 

3 ‘‘(vii) aligning both public and private 

4 funding sources, such as the Carl D. Per5 kins Career and Technical Education Act, 

6 Workforce Investment Act, Adult Edu7 cation and Family Literacy Act, Tem8 porary Assistance to Needy Families, State 

9 and Federal financial aid, and employer 

10 tuition reimbursement; 

11 ‘‘(B) implementing industry or sector part12 nerships, which may include– 

13 ‘‘(i) recruiting key stakeholders in the 

14 targeted industry cluster, such as multiple 

15 businesses and employers, labor organiza16 tions, local boards, and education and 

17 training providers, and regularly convening 

18 the stakeholders in a collaborative struc19 ture that supports the sharing of informa20 tion, ideas, and challenges common to the 

21 targeted industry cluster; 

22 ‘‘(ii) identifying the training needs of 

23 multiple businesses, especially skill gaps 

24 critical to competitiveness and innovation 

25 in the targeted industry cluster; 


smartinez on DSK6TPTVN1PROD with BILLS
159 

•HR 4227 IH

1 ‘‘(iii) facilitating economies of scale by 

2 aggregating training and education needs 

3 of multiple employers; 

4 ‘‘(iv) helping postsecondary edu5 cational institutions, training institutions, 

6 apprenticeship programs, area career and 

7 technical education centers, and all other 

8 training programs authorized under this 

9 Act, align curricula, entrance requirements 

10 and programs to industry demand and na11 tionally portable, recognized postsecondary 

12 credentials (or, if not available for the tar13 geted industry, other credentials, as deter14 mined appropriate by the Secretary), par15 ticularly for higher skill, high-priority occu16 pations validated by the industry; 

17 ‘‘(v) ensuring that the State agency 

18 carrying out the State program under the 

19 Wagner-Peyser Act (29 U.S.C. 49 et seq.), 

20 including staff of the agency that provide 

21 services under such Act, shall inform re22 cipients of unemployment insurance of the 

23 job and training opportunities that may re24 sult from the implementation of this grant; 


smartinez on DSK6TPTVN1PROD with BILLS
160 

•HR 4227 IH

1 ‘‘(vi) informing and collaborating with 

2 organizations such as youth councils, busi3 ness-education partnerships, apprenticeship 

4 programs, secondary schools, and postsec5 ondary educational institutions, and with 

6 parents and career counselors, for the pur7 pose of addressing the challenges of con8 necting disadvantaged adults and dis9 advantaged youth as defined in section in 

10 this Act to careers; 

11 ‘‘(vii) helping companies identify, and 

12 work together to address, common organi13 zational and human resource challenges, 

14 such as— 

15 ‘‘(I) recruiting new workers; 

16 ‘‘(II) implementing effective 

17 workplace practices; 

18 ‘‘(III) retraining dislocated and 

19 incumbent workers; 

20 ‘‘(IV) implementing a high-per21 formance work organization; 

22 ‘‘(V) recruiting and retaining 

23 women in nontraditional occupation; 

24 ‘‘(VI) adopting new technologies; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
161 

•HR 4227 IH

1 ‘‘(VII) fostering experiential and 

2 contextualized on-the-job learning; 

3 ‘‘(viii) developing and strengthening 

4 career ladders within and across compa5 nies, in order to enable dislocated, incum6 bent and entry-level workers to improve 

7 skills and advance to higher-wage jobs; 

8 ‘‘(ix) improving job quality through 

9 improving wages, benefits, and working 

10 conditions; 

11 ‘‘(x) helping partner companies, in12 dustry or sector partnerships to attract po13 tential employees from a diverse job seeker 

14 base, including individuals with barriers to 

15 employment (such as job seekers who are 

16 low income, youth, older workers, and indi17 viduals who have completed a term of im18 prisonment), by identifying such barriers 

19 through analysis of the existing labor mar20 ket and implementing strategies to help 

21 such workers overcome such barriers; and 

22 ‘‘(xi) strengthening connections 

23 among businesses in the targeted industry 

24 cluster, leading to cooperation beyond 

25 workforce issues that will improve competiVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
162 

•HR 4227 IH

1 tiveness and job quality, such as joint pur2 chasing, market research, or centers for 

3 technology and innovation; and 

4 ‘‘(C) implementing credential attainment 

5 and measurement strategies, which may in6 clude— 

7 ‘‘(i) establishing a cross agency com8 mittee (such as the State workforce invest9 ment board, a legislative task force, a P– 

10 20 Council, or some other agreed upon 

11 group) that is specifically focused on low 

12 and middle skill education and training 

13 outcomes to measure credential attainment 

14 through the State’s workforce investment 

15 and training programs, by— 

16 ‘‘(I) tracking, counting, meas17 uring and public reporting credential 

18 attainment rates for all programs pro19 viding education and training beyond 

20 a high school diploma but less than a 

21 4-year degree; 

22 ‘‘(II) measuring the result of 

23 workforce training programs leading 

24 to an recognized postsecondary cre25 dential, certificate of degree; 


smartinez on DSK6TPTVN1PROD with BILLS
163 

•HR 4227 IH

1 ‘‘(III) establishing statewide poli2 cies, goals, and guidelines for the col3 lection of credential outcome data for 

4 all employment and training programs 

5 and related programs and services 

6 within the State; 

7 ‘‘(IV) engaging other related de8 partments and agencies that may have 

9 data or are involved in activities re10 lated to workforce development and 

11 job training; 

12 ‘‘(V) establishing standards and 

13 data collection infrastructure to assess 

14 the number of industry-recognized 

15 middle skill credentials or certificates 

16 produced through Federal or State 

17 programs, and their relation to labor 

18 market needs; 

19 ‘‘(VI) setting credential attain20 ment goals in high demand industry 

21 sector then monitor and measure 

22 progress over time; and 

23 ‘‘(VII) providing an annual as24 sessment and report to the Governor 

25 and Legislature about the type of creVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
164 

•HR 4227 IH

1 dential outcomes produced by pro2 grams and provide recommendations 

3 to better align efforts across agencies 

4 to meet employer demand; 

5 ‘‘(ii) ensuring the collection of creden6 tial outcome data from a range of public 

7 workforce and education programs to en8 sure State agencies and programs are in9 creasing the number of workers with the 

10 skills and credentials needed to fill the pro11 jected demand for middle and high skilled 

12 jobs; 

13 ‘‘(iii) using the data in order to assess 

14 workforce system outcomes, establish cre15 dential attainment goals, measure 

16 progress, and hold agencies accountable to 

17 increase the skills of the workforce; and 

18 ‘‘(iv) developing a comprehensive 

19 workforce system report that provides indi20 vidual agency outcomes and statewide rep21 resentation of the credential attainment 

22 outcomes of the State’s workforce invest23 ment system. 

24 ‘‘(5) A description of a pay-for-performance ap25 proach for providers of education, training, and emVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
165 

•HR 4227 IH

1 ployment services to individuals with barriers to em2 ployment, including services targeted to addressing 

3 the specific challenges and conditions that have cre4 ated barriers for participants in programs under this 

5 Act. 

6 ‘‘(f) AWARD BASIS.— 

7 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Sec8 retary of Labor and the Secretary of Education shall 

9 award competitive grants under this section in a 

10 manner to ensure geographic diversity. 

11 ‘‘(2) PRIORITIES.—In awarding grants under 

12 this section, the Secretaries shall give priority to eli13 gible entities that— 

14 ‘‘(A) provide evidence of past or current 

15 investments in workforce innovation projects 

16 that incorporate one or more of the priority 

17 strategies; 

18 ‘‘(B) focus on addressing the skill needs of 

19 multiple employers, including small- and me20 dium-sized businesses; or 

21 ‘‘(C) target services to low-income individ22 uals, low-skill individuals, long-term unem23 ployed, and other populations with barriers to 

24 employment. 

25 ‘‘(g) ACTIVITIES.— 


smartinez on DSK6TPTVN1PROD with BILLS
166 

•HR 4227 IH

1 ‘‘(1) IN GENERAL.—An eligible entity receiving 

2 a grant under this section shall carry out the activi3 ties necessary to meet the strategic objectives, in4 cluding planning activities if applicable, described in 

5 the entity’s application in a manner that— 

6 ‘‘(A) integrates services and funding 

7 sources in a way that enhances the effectiveness 

8 of the activities; and 

9 ‘‘(B) uses grant funds awarded under this 

10 section efficiently. 

11 ‘‘(2) ADMINISTRATIVE COSTS.—An eligible enti12 ty may retain a portion of a grant awarded under 

13 this section for a fiscal year to carry out the admin14 istration of this section in an amount not to exceed 

15 5 percent of the grant amount. 

16 ‘‘(h) EVALUATION AND PROGRESS REPORTS.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 receiving a grant under this section, and annually 

19 thereafter during the grant period, an eligible entity 

20 shall report to the Secretary of Labor and the Sec21 retary of Education, and to the Governor of the 

22 State that the eligible entity serves, on the spending 

23 and activities funded pursuant to a grant under this 

24 section, including an evaluation of the progress the 

25 eligible entity has made toward the strategic objecVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
167 

•HR 4227 IH

1 tives identified in the application and measure the 

2 progress using the performance accountability meas3 ures identified in the application. 

4 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary 

5 shall transmit such reports to the Congress and 

6 make such reports available to the public. 

7 ‘‘(i) ADMINISTRATION BY THE SECRETARIES.— 

8 ‘‘(1) ADMINISTRATIVE COSTS.—The Secretaries 

9 may jointly retain a total of not more than 3 percent 

10 of the funds appropriated to carry out this section 

11 for each fiscal year to administer this section, in12 cluding technical assistance and evaluation activities. 

13 ‘‘(2) TECHNICAL ASSISTANCE AND OVER14 SIGHT.—The Secretaries shall provide technical as15 sistance and oversight to assist the eligible entities 

16 in applying for and administering grants awarded 

17 under this section, including technical assistance and 

18 through the collection and dissemination of informa19 tion on best practices. 

20 ‘‘(3) PERFORMANCE ACCOUNTABILITY MEAS21 URES.—The Secretaries shall issue a range of per22 formance measures, with quantifiable benchmarks, 

23 and methodologies that eligible entities may use to 

24 evaluate the effectiveness of each type of activity in 

25 making progress toward the strategic objectives deVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
168 

•HR 4227 IH

1 scribed in the application. Such measures shall con2 sider the benefits of the innovative workforce devel3 opment projects and its activities for workers, firms, 

4 industries, and communities. 

5 ‘‘(4) DISSEMINATION.—The Secretaries shall— 

6 ‘‘(A) coordinate the annual review of each 

7 eligible entity receiving a grant under this sec8 tion and produce an overview report that, at a 

9 minimum, includes each funded project and 

10 best practices identified; 

11 ‘‘(B) make resource materials, including all 

12 reports published and all data collected under 

13 this section, available on the Internet; and 

14 ‘‘(C) conduct conferences and seminars 

15 to— 

16 ‘‘(i) disseminate information on best 

17 practices developed by eligible entities re18 ceiving a grant under this section; and 

19 ‘‘(ii) provide information to interested 

20 stakeholders. 

21 ‘‘(5) REPORT TO CONGRESS.—Not later than 

22 24 months after the date of enactment of the Work23 force Investment Act of 2012 and on an annual 

24 basis thereafter, the Secretaries shall transmit a re25 port to Congress on the grant program established 


smartinez on DSK6TPTVN1PROD with BILLS
169 

•HR 4227 IH

1 by this section. The report shall include a descrip2 tion of— 

3 ‘‘(A) the eligible entities receiving funding; 

4 ‘‘(B) the spending and activities carried 

5 out by the eligible entities; 

6 ‘‘(C) how the eligible entities were selected 

7 to receive funding under this section; and 

8 ‘‘(D) an assessment of the results achieved 

9 by the grant program including findings from 

10 the annual reviews conducted under subsection 

11 (i). 

12 ‘‘SEC. 171B. YOUTH INNOVATION AND BEST PRACTICES 

13 GRANTS. 

14 ‘‘(a) PROGRAM AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Labor 

16 and the Secretary of Education, shall— 

17 ‘‘(A) for the first program year that begins 

18 after the date of enactment of the Workforce 

19 Investment Act of 2012, award transition 

20 grants in accordance with section 176; and 

21 ‘‘(B) with funds not awarded for transition 

22 grants under paragraph (1) for the first pro23 gram year that begins after the date of enact24 ment of the Workforce Investment Act of 2012, 

25 and with the funds reserved for each program 


smartinez on DSK6TPTVN1PROD with BILLS
170 

•HR 4227 IH

1 year thereafter, award youth innovation and 

2 replication grants to eligible entities described 

3 in subsection (c) for the purposes described in 

4 subsection (b). 

5 ‘‘(b) AUTHORIZATION AND PURPOSE OF GRANTS.— 

6 ‘‘(1) IN GENERAL.—From funds appropriated 

7 pursuant to section 174, the Secretary of Labor and 

8 the Secretary of Education shall award youth inno9 vation and replication grants on a competitive basis 

10 to eligible entities described in subsection (c). 

11 ‘‘(2) USE OF FUNDS.—The grants awarded 

12 under this section shall be used to support the dem13 onstration of innovative new strategies and activities, 

14 or the replication and expansion of effective evi15 dence-based strategies and activities that are de16 signed to substantially improve education and em17 ployment outcomes for eligible youth, including prep18 aration for post secondary education and training 

19 and for careers. Such strategies and activities shall 

20 include— 

21 ‘‘(A) establishing career pathways in in-de22 mand industry sectors and occupations for eligi23 ble youth, in collaboration with other Federal, 

24 State, and local programs, and public and pri25 vate entities; 


smartinez on DSK6TPTVN1PROD with BILLS
171 

•HR 4227 IH

1 ‘‘(B) developing and implementing a com2 prehensive strategy, for an area of high poverty, 

3 that provides education and training programs, 

4 resources, and other activities that prepare 

5 youth for postsecondary education and training 

6 and for employment that leads to economic self7 sufficiency; 

8 ‘‘(C) developing and implementing strate9 gies and activities that provide opportunities for 

10 youth with disabilities to receive education, 

11 training, and employment services that lead to 

12 a recognized postsecondary credential or inte13 grated, competitive employment, including 

14 through incorporating elements of the individ15 ualized education program and related services 

16 under the Individuals with Disabilities in Edu17 cation Act; 

18 ‘‘(D) developing and implementing evi19 dence-based strategies and activities, such as— 

20 ‘‘(i) education offered concurrently 

21 and contextually with workforce prepara22 tion and training for a specific occupation 

23 or occupational cluster; 

24 ‘‘(ii) career academies; 


smartinez on DSK6TPTVN1PROD with BILLS
172 

•HR 4227 IH

1 ‘‘(iii) dropout prevention and recovery 

2 strategies; 

3 ‘‘(iv) paid or unpaid work experience, 

4 including summer employment opportuni5 ties and employment opportunities avail6 able throughout the school year, combined 

7 with academic learning leading to a recog8 nized postsecondary credential; 

9 ‘‘(v) innovative programs for youth 

10 facing multiple barriers to employment 

11 that arrange for the provision of or provide 

12 supportive services combined with edu13 cation, training, including preparation for 

14 postsecondary education and training, or 

15 employment activities; or 

16 ‘‘(vi) to include youth service and con17 servation corps programs in which a 

18 project undertaken is credited as qualifying 

19 experience for higher education, job train20 ing, or careers in public service; or 

21 ‘‘(E) other evidence-based strategies or ac22 tivities designed to improve the education and 

23 employment outcomes for youth. 

24 ‘‘(c) ELIGIBLE ENTITIES AND APPLICATION.— 


smartinez on DSK6TPTVN1PROD with BILLS
173 

•HR 4227 IH

1 ‘‘(1) ELIGIBLE ENTITIES.—An entity eligible to 

2 receive a grant under this section shall include— 

3 ‘‘(A)(i) the Governor of a State in coordi4 nation with the State board and with a local 

5 board for a local area that is aligned with a re6 gion, or with all boards for local areas that 

7 comprise a planning region, under section 

8 116(c); or 

9 ‘‘(ii) a local board for a local area that is 

10 aligned with a region, or all local boards for 

11 local areas that comprise a planning region, 

12 under section 116(c), in consultation with the 

13 standing committee on youth associated with 

14 the local board; and 

15 ‘‘(B) one or more of the following: 

16 ‘‘(i) A State education agency. 

17 ‘‘(ii) A local education agency. 

18 ‘‘(iii) A nonprofit organization with 

19 expertise serving eligible youth, including a 

20 community-based organization, youth 

21 corps, or an intermediary. 

22 ‘‘(iv) An institution of higher edu23 cation, including a community college and 

24 an area career and technical education cen25 ter. 


smartinez on DSK6TPTVN1PROD with BILLS
174 

•HR 4227 IH

1 ‘‘(v) A joint labor-management part2 nership. 

3 ‘‘(2) APPLICATION.—To receive a grant under 

4 this subsection, an eligible entity shall submit an ap5 plication to the Secretary of Labor and the Sec6 retary of Education at such time, in such manner, 

7 and containing such information, consistent with 

8 this paragraph, as the Secretaries may require. Each 

9 such application shall describe the innovation and 

10 replication strategies and activities that the eligible 

11 entity will carry out to strengthen the workforce in12 vestment system in the State or region in order to 

13 substantially improve education and employment 

14 outcomes for youth, such as youth with disabilities, 

15 served by such system, and may include— 

16 ‘‘(A) a description of the region in the 

17 State or the State, as applicable, that will be 

18 the focus of grant activities, including analyses 

19 of economic conditions, skill needs, the work20 force, and the workforce development services 

21 (including the strengths and weaknesses of such 

22 services and the capacity to provide such serv23 ices) that are relevant to the proposed strate24 gies and activities that would be carried out 

25 under the grant; 


smartinez on DSK6TPTVN1PROD with BILLS
175 

•HR 4227 IH

1 ‘‘(B) a description of the youth populations 

2 to be served, including individuals with barriers 

3 to employment who are youth, and the skill 

4 needs of those populations; 

5 ‘‘(C) a description of the promising strate6 gies and activities the eligible entity is pro7 posing to demonstrate, or the evidence-based 

8 strategies and activities that the eligible entity 

9 is proposing to expand or replicate; 

10 ‘‘(D) a description of how the eligible enti11 ty will meaningfully involve youth in the design 

12 and implementation of the proposed strategies 

13 and activities; 

14 ‘‘(E) a description of how, in carrying out 

15 such strategies and activities, the eligible entity 

16 will— 

17 ‘‘(i) collaborate to leverage resources 

18 among strategic partners to achieve the 

19 purposes of the grant, and to provide the 

20 matching share described in subsection 

21 (d)(2); and 

22 ‘‘(ii) ensure the sustainability of the 

23 programs and activities supported by the 

24 grant after grant funds are no longer 

25 available; 


smartinez on DSK6TPTVN1PROD with BILLS
176 

•HR 4227 IH

1 ‘‘(F) a description of how the strategies 

2 and activities will be aligned with the State plan 

3 and the local plans in the region of the State 

4 that will be the focus of grant activities; 

5 ‘‘(G) a description of the outcomes, includ6 ing outcomes for the performance accountability 

7 measures based on indicators of performance 

8 described in section 136(b)(2)(A)(ii), to be 

9 achieved by the proposed strategies and activi10 ties; and 

11 ‘‘(H) a description of how the eligible enti12 ty will— 

13 ‘‘(i) use technology; 

14 ‘‘(ii) collect data; 

15 ‘‘(iii) made data publicly available; 

16 and 

17 ‘‘(iv) use technology and date to im18 prove program delivery, activities, and ad19 ministration. 

20 ‘‘(d) MATCHING FUNDS REQUIREMENTS.— 

21 ‘‘(1) INNOVATION FUND SHARE.—The amount 

22 of the share of the funds provided under this section 

23 shall be not greater than 50 percent of the cost of 

24 the programs and activities that are carried out 

25 under the grant. 


smartinez on DSK6TPTVN1PROD with BILLS
177 

•HR 4227 IH

1 ‘‘(2) MATCHING SHARE.— 

2 ‘‘(A) IN GENERAL.— 

3 ‘‘(i) AMOUNT.—The amount of the 

4 matching share under this subsection for a 

5 program year may not be less than 50 per6 cent of the costs of the programs and ac7 tivities that are carried out under the 

8 grant. 

9 ‘‘(ii) IN CASH OR KIND.—The match10 ing share may be in cash or in kind (fairly 

11 evaluated). 

12 ‘‘(iii) SOURCES.—Not more than 50 

13 percent of the matching share required 

14 under this subsection may be provided 

15 from Federal resources, of which not less 

16 than 50 percent shall be provided from 

17 Federal resources from the partner pro18 grams identified in the application other 

19 than resources provided under the core 

20 programs. Non-Federal sources for the 

21 matching share may include State re22 sources, local resources, contributions from 

23 private organizations, or a combination of 

24 such resources and contributions. 


smartinez on DSK6TPTVN1PROD with BILLS
178 

•HR 4227 IH

1 ‘‘(B) FINANCIAL HARDSHIP WAIVER.—The 

2 Secretary of Labor and the Secretary of Edu3 cation may waive or reduce the matching share 

4 of an eligible entity that has submitted an ap5 plication under this subsection if such entity 

6 demonstrates a need for such waiver or reduc7 tion due to extreme financial hardship as de8 fined by the Secretary of Labor and the Sec9 retary of Education. 

10 ‘‘(C) SUPPLEMENT NOT SUPPLANT.—The 

11 Federal and matching share required by this 

12 subsection shall be used to supplement and not 

13 supplant other Federal and State funds used to 

14 carry out activities described in this subsection. 

15 ‘‘(e) GRANT PERIOD.—Grants awarded under this 

16 subsection shall be awarded for periods of not more than 

17 3 years in duration and may not be renewed. 

18 ‘‘(f) REPORTING.—The Secretary of Labor and the 

19 Secretary of Education are authorized to establish appro20 priate reporting requirements for grantees under this sub21 section. 

22 ‘‘(g) TECHNICAL ASSISTANCE AND EVALUATION.— 

23 For each program year for which funds are available to 

24 carry out this section, the Secretary of Labor and the Sec25 retary of Education may reserve a total of not more than 


smartinez on DSK6TPTVN1PROD with BILLS
179 

•HR 4227 IH

1 3 percent of the amount available to carry out this sub2 section to provide technical assistance to applicants and 

3 grantees under this subsection and to evaluate projects 

4 carried out under this subsection. The Secretaries shall 

5 ensure that the results of the evaluations are publicly 

6 available, including through electronic means.’’. 

7 SEC. 158. EVALUATIONS. 

8 Section 172 is amended— 

9 (1) in subsection (a)(2), by inserting ‘‘account10 ability’’ after ‘‘performance’’; 

11 (2) in subsection (c)— 

12 (A) by striking ‘‘as least’’ and inserting 

13 ‘‘at least’’; and 

14 (B) by striking ‘‘2005’’ and inserting 

15 ‘‘2016’’; 

16 (3) in subsection (e), by striking ‘‘Labor and 

17 Human Resources’’ and inserting ‘‘Health, Edu18 cation, Labor, and Pensions’’; 

19 (4) by redesignating subsection (f) as sub20 section (g) and inserting after subsection (e) the fol21 lowing new subsection: 

22 ‘‘(f) PUBLICATION OF REPORTS.—If an entity that 

23 enters into a contract or other arrangement with the Sec24 retary to conduct an evaluation of a program or activity 

25 under this section requests permission from the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
180 

•HR 4227 IH

1 to publish a report resulting from the evaluation, such en2 tity may publish the report unless the Secretary denies 

3 the request during the 90-day period beginning on the 

4 date the Secretary receives such request.’’. 

5 SEC. 159. NATIONAL DISLOCATED WORKER GRANTS. 

6 Section 173 is amended— 

7 (1) in the section heading, by striking ‘‘EMER8 GENCY’’ and inserting ‘‘DISLOCATED WORKER’’; 

9 (2) by striking subsection (b) and redesignating 

10 subsection (a) as subsection (b), and inserting before 

11 such redesignated subsection the following new sub12 section: 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘emergency or disaster’ means— 

15 ‘‘(A) an emergency or a major disaster, as 

16 defined in paragraphs (1) and (2), respectively, 

17 of section 102 of the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act (42 

19 U.S.C. 5122 (1) and (2)); or 

20 ‘‘(B) an emergency or disaster situation of 

21 national significance that could result in a po22 tentially large loss of employment, as declared 

23 or otherwise recognized by the chief official of 

24 a Federal agency with authority for or jurisdicVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
181 

•HR 4227 IH

1 tion over the Federal response to the emergency 

2 or disaster situation; and 

3 ‘‘(2) the term ‘disaster area’ means an area 

4 that has suffered or in which has occurred an emer5 gency or disaster.’’; 

6 (3) in subsection (b) (as so redesignated)— 

7 (A) by striking paragraph (4) and redesig8 nating paragraphs (1) through (3) and (4) as 

9 subparagraphs (A) through (C), respectively, 

10 and moving such subparagraphs (as so redesig11 nated) 2 ems to the right; 

12 (B) in the matter preceding subparagraph 

13 (A) (as so redesignated)— 

14 (i) by striking ‘‘The Secretary’’ and 

15 inserting: 

16 ‘‘(1) GRANTS.—The Secretary’’; and 

17 (ii) by striking ‘‘emergency grants in 

18 a timely manner’’ and inserting ‘‘dislocated 

19 worker grants’’; 

20 (C) in subparagraph (A) (as so redesig21 nated), by striking ‘‘subsection (c)’’ and insert22 ing ‘‘subsection (c)(1)(B)’’; 

23 (D) in subsection (B) (as so redesignated), 

24 by striking ‘‘an area that has suffered’’ and all 

25 that follows and insert ‘‘a disaster area, to proVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
182 

•HR 4227 IH

1 vide disaster relief employment in the disaster 

2 area’’; 

3 (E) in subparagraph (C) (as so redesig4 nated), by striking ‘‘paragraphs (1) and (2)’’ 

5 and inserting ‘‘subparagraphs (A) and (B)’’; 

6 and 

7 (F) by inserting after subparagraph (C) 

8 the following: 

9 ‘‘(D) to provide additional assistance to a 

10 State board or local board serving an area 

11 where— 

12 ‘‘(i) a higher-than-average demand for 

13 employment and training activities for dis14 located members of the Armed Forces, 

15 spouses described in section 101(14)(E), or 

16 members of the Armed Forces described in 

17 subsection (c)(2)(A)(iv), exceeds State and 

18 local resources for providing such activi19 ties; and 

20 ‘‘(ii) such activities are to be carried 

21 out in partnership with the Department of 

22 Defense and Department of Veterans Af23 fairs transition assistance programs; and 


smartinez on DSK6TPTVN1PROD with BILLS
183 

•HR 4227 IH

1 ‘‘(E) from funds appropriated under sec2 tion 174(c), to a State or entity described in 

3 subsection (c)(1)(B) to carry out— 

4 ‘‘(i) subsection (e), including pro5 viding assistance to eligible individuals; 

6 and 

7 ‘‘(ii) subsection (f), including pro8 viding assistance to eligible individuals. 

9 ‘‘(2) DECISIONS AND OBLIGATIONS.—The Sec10 retary shall issue a final decision on a complete ap11 plication for a national dislocated worker grant 

12 under this subsection not later than 45 calendar 

13 days after receipt of the application.’’; 

14 (4) in subsection (c)— 

15 (A) in paragraph (1)(A), by striking ‘‘sub16 section (a)(1)’’ and inserting ‘‘subsection 

17 (b)(1)(B)’’; and 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘emergency’’ and 

21 inserting ‘‘dislocated worker’’; and 

22 (ii) in subparagraph (C), by striking 

23 ‘‘emergency’’ and inserting ‘‘dislocated 

24 worker’’; 

25 (5) in subsection (d)— 


smartinez on DSK6TPTVN1PROD with BILLS
184 

•HR 4227 IH

1 (A) by striking ‘‘subsection (a)(2)’’ each 

2 place it appears and inserting ‘‘subsection 

3 (b)(1)(B)’’; 

4 (B) in paragraph (1)(A)— 

5 (i) by inserting ‘‘, in coordination with 

6 the Administrator of the Federal Emer7 gency Management Agency, as applicable,’’ 

8 after ‘‘shall be used’’; and 

9 (ii) by striking ‘‘structures’’ and in10 serting ‘‘public structures’’; 

11 (C) in paragraph (2), by inserting ‘‘emer12 gency or’’ after ‘‘consequence of the’’; 

13 (D) in paragraph (3)— 

14 (i) by striking ‘‘No individual’’ and in15 serting: 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), no individual’’; 

18 (ii) by striking ‘‘natural disaster’’ and 

19 inserting ‘‘emergency or disaster’’; and 

20 (iii) by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(B) EXTENSION.—At the request of a 

23 State, the Secretary may extend such employ24 ment, related to recovery from a single emerVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
185 

•HR 4227 IH

1 gency or disaster involving the State, for not 

2 more than an additional 6 months.’’; and 

3 (E) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(4) USE OF AVAILABLE FUNDS.—Funds made 

6 available under subsection (b)(1)(B) shall be avail7 able to assist workers described in paragraph (2) 

8 who are affected by an emergency or disaster, in9 cluding workers who have relocated from an area in 

10 which an emergency or disaster has been declared or 

11 otherwise recognized, as appropriate. Under condi12 tions determined by the Secretary and following no13 tification to the Secretary, a State may use such 

14 funds, that are appropriated for any fiscal year and 

15 available for expenditure under any grant awarded 

16 to the State under this section, to provide any as17 sistance authorized under this subsection. Funds 

18 used pursuant to the authority provided under this 

19 paragraph shall be subject to the liability and reim20 bursement requirements described in paragraph (5). 

21 ‘‘(5) LIABILITY AND REIMBURSEMENT.—Noth22 ing in this Act shall be construed to relieve liability, 

23 by a responsible party that is liable under Federal 

24 law, for any costs incurred by the United States 

25 under subsection (b)(1)(B) or this subsection, inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
186 

•HR 4227 IH

1 cluding the responsibility to provide reimbursement 

2 for such costs to the United States.’’; 

3 (6) by striking subsection (e) and redesignating 

4 subsections (f) and (g) as subsections (e) and (f), re5 spectively; 

6 (7) in subsection (e) (as so redesignated)— 

7 (A) by striking ‘‘paragraph (4)(A) of sub8 section (a)’’ each place it appears and inserting 

9 ‘‘subsection (b)(1)(E)(i)’’; 

10 (B) in paragraph (1)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘clauses (i) through (v)’’ and inserting 

13 ‘‘clauses (i) through (iv)’’; 

14 (ii) in subparagraph (B)(iii), by strik15 ing ‘‘enactment of this clause’’ and insert16 ing ‘‘enactment of the American Recovery 

17 and Reinvestment Act of 2009 (Public 

18 Law 111–5, 123 Stat. 115)’’; and 

19 (iii) in subparagraph (C), by striking 

20 ‘‘subsection (g)’’ and inserting ‘‘subsection 

21 (f)’’; 

22 (C) in paragraph (2), by striking ‘‘sub23 section (g)’’ and inserting ‘‘subsection (f)’’; 


smartinez on DSK6TPTVN1PROD with BILLS
187 

•HR 4227 IH

1 (D) in paragraph (3)(A)(i), by striking 

2 ‘‘not later than’’ and inserting ‘‘notwith3 standing subsection (b)(2), not later than’’; and 

4 (E) in paragraph (7)(A)— 

5 (i) in clause (i), by striking ‘‘section 

6 4980B’’ and inserting ‘‘section 

7 4980B(f)(4)’’; and 

8 (ii) in clause (ii)(I), by striking 

9 ‘‘clause (i), (ii), or (vi) of paragraph 

10 (2)(A))’’ and inserting ‘‘subparagraph (A), 

11 (B), or (F) of section 35(e)(1) of such 

12 Code)’’; and 

13 (8) in subsection (f), (as so redesignated)— 

14 (A) by striking ‘‘paragraph (4)(A) of sub15 section (a)’’ each place it appears and inserting 

16 ‘‘subsection (b)(1)(E)(i)’’; 

17 (B) in paragraph (1), by striking ‘‘sub18 section (f)(1)(A)’’ and inserting ‘‘subsection 

19 (e)(1)(A)’’; and 

20 (C) in paragraph (4)— 

21 (i) in subparagraph (A)— 

22 (I) in the matter preceding clause 

23 (i), by striking ‘‘this subsection’’ and 

24 inserting ‘‘subsection (b)(1)(E)(ii)’’; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
188 

•HR 4227 IH

1 (II) in clause (i), by striking ‘‘not 

2 later than’’ and inserting ‘‘notwith3 standing subsection (b)(2), not later 

4 than’’; and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘174(c)(1)(B)’’ and inserting ‘‘subsection 

7 (b)(1)(E)(ii)’’. 

8 SEC. 160. YOUTHBUILD PROGRAM. 

9 Section 173A is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (3), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (B) in paragraph (4), by striking the pe14 riod and inserting ‘‘; and’’; and 

15 (C) by inserting after paragraph (4) the 

16 following new paragraph: 

17 ‘‘(5) to improve the quality and energy effi18 ciency of community and other nonprofit and public 

19 facilities, including those facilities that are used to 

20 serve homeless and low-income families.’’; 

21 (2) in subsection (b)— 

22 (A) by striking paragraph (8) and redesig23 nating paragraphs (9) through (13) as para24 graphs (8) through (12), respectively; 


smartinez on DSK6TPTVN1PROD with BILLS
189 

•HR 4227 IH

1 (B) in paragraph (11) (as so redesig2 nated), by striking ‘‘means housing provided’’ 

3 and all that follows and inserting ‘‘has the 

4 meaning given the term in section 401(29) of 

5 the McKinney-Vento Homeless Assistance Act 

6 (42 U.S.C. 11360(29)).’’; and 

7 (C) in paragraph (12) (as so redesignated), 

8 by striking ‘‘or construction’’ and inserting 

9 ‘‘construction, or energy efficiency enhance10 ment’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (2)— 

13 (i) in subparagraph (A)(i), by striking 

14 ‘‘or construction’’ and inserting ‘‘construc15 tion, or energy efficiency enhancement’’; 

16 (ii) in subparagraph (A)(iv)— 

17 (I) in subclause (II), by striking 

18 ‘‘individuals with limited English pro19 ficiency’’ and inserting ‘‘participants 

20 who are English language learners’’; 

21 and 

22 (II) in subclause (III), by strik23 ing ‘‘General Education Development 

24 (GED) credential, or other State-rec25 ognized equivalent (including recogVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
190 

•HR 4227 IH

1 nized alternative standard’’ and in2 serting ‘‘or its recognized equivalent 

3 including recognized certificates of at4 tendance or similar documents’’; 

5 (iii) in subparagraph (A)(vii)— 

6 (I) by striking ‘‘supportive serv7 ices’’; and 

8 (II) by inserting ‘‘or training’’ 

9 after ‘‘postsecondary education’’; 

10 (iv) in subparagraph (B), by striking 

11 ‘‘or construction’’ and inserting ‘‘construc12 tion, or energy efficiency enhancement’’; 

13 (v) in subparagraph (C)— 

14 (I) by striking ‘‘or construction’’ 

15 and inserting ‘‘construction, or energy 

16 efficiency enhancement’’; and 

17 (II) by striking ‘‘10 percent’’ and 

18 inserting ‘‘15 percent’’; and 

19 (vi) in subparagraph (D), by inserting 

20 ‘‘, including recruitment and selection of 

21 participants,’’; 

22 (B) in paragraph (3)(B)— 

23 (i) in clause (i), by inserting ‘‘con24 struction and’’ after ‘‘opportunities in’’; 


smartinez on DSK6TPTVN1PROD with BILLS
191 

•HR 4227 IH

1 (ii) in clauses (iii) and (vi), by strik2 ing ‘‘or construction’’ each place it appears 

3 and inserting ‘‘construction, or energy effi4 ciency enhancement’’; 

5 (iii) in clause (x), by striking ‘‘voca6 tional education’’ and inserting ‘‘career 

7 and technical education and training’’; 

8 (iv) in clause (xii)— 

9 (I) by striking ‘‘results’’ and in10 serting ‘‘levels’’; 

11 (II) by striking ‘‘common’’ and 

12 inserting ‘‘primary’’; and 

13 (III) by striking ‘‘youth and life14 long learning, as identified by the Sec15 retary’’ and inserting ‘‘eligible youth 

16 described in section 136(b)(2)(A)(ii)’’; 

17 (v) in clause (xvi)— 

18 (I) in subclause (II), by inserting 

19 ‘‘energy efficiency enhancement’’ after 

20 ‘‘construction’’; and 

21 (II) in subclause (III), by strik22 ing ‘‘vocational education’’ and insert23 ing ‘‘career and technical education 

24 and training’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
192 

•HR 4227 IH

1 (vi) in clause (xvii)(I), by inserting 

2 ‘‘energy efficiency enhancement’’ after 

3 ‘‘construction’’; and 

4 (C) in paragraph (4)— 

5 (i) in subparagraph (C)— 

6 (I) by inserting ‘‘community 

7 and’’ after ‘‘which the housing and’’; 

8 and 

9 (II) by striking ‘‘or construction’’ 

10 each place it appears and inserting 

11 ‘‘construction, or energy efficiency en12 hancement’’; and 

13 (ii) in subparagraph (J)— 

14 (I) in clause (ii), by inserting 

15 ‘‘energy efficiency enhancement’’ after 

16 ‘‘construction’’; and 

17 (II) in clause (iii), by striking 

18 ‘‘vocational education’’ and inserting 

19 ‘‘career and technical education and 

20 training’’; 

21 (4) in subsection (d), by striking ‘‘or construc22 tion’’ each place it appears and inserting ‘‘construc23 tion, or energy efficiency enhancement’’; 

24 (5) in subsection (e)(1)— 


smartinez on DSK6TPTVN1PROD with BILLS
193 

•HR 4227 IH

1 (A) in subparagraph (A)(iii), by inserting 

2 ‘‘, or an individual who was a school dropout 

3 and has subsequently re-enrolled’’ before the 

4 period; and 

5 (B) in amending subparagraph (B)(i) to 

6 read as follows: 

7 ‘‘(i) are basic skills deficient, despite 

8 attainment of a secondary school diploma 

9 or its recognized equivalent (including rec10 ognized certificates of attendance or simi11 lar documents for individuals with disabil12 ities); or’’; 

13 (6) in subsection (f)(2)— 

14 (A) in subparagraph (A), by inserting ‘‘, or 

15 to support pilot and demonstration projects or 

16 program evaluations with recipients of grants 

17 under subsection (c) as directed by the Sec18 retary, including pilot or demonstration projects 

19 that create new career tracks for Youthbuild 

20 participants in areas such as health care and 

21 manufacturing’’ before the period; and 

22 (B) in subparagraph (B), by striking 

23 ‘‘shall reserve’’ and inserting ‘‘shall reserve not 

24 less than 3 percent and not more than’’; 


smartinez on DSK6TPTVN1PROD with BILLS
194 

•HR 4227 IH

1 (7) in subsection (g), by striking ‘‘postsec2 ondary educational institutions’’ and inserting ‘‘in3 stitutions of higher education’’; and 

4 (8) by amending subsection (h) to read as fol5 lows: 

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated for each of fiscal years 

8 2012 through 2016 such sums as may be necessary to 

9 carry out this section.’’. 

10 SEC. 161. AUTHORIZATION OF APPROPRIATIONS. 

11 Subsections (a) and (b) of section 174 are amended 

12 to read as follows: 

13 ‘‘(a) NATIVE AMERICAN PROGRAMS; MIGRANT AND

14 SEASONAL FARMWORKER PROGRAMS; VETERANS’ WORK15 FORCE INVESTMENT PROGRAMS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 there are authorized to be appropriated to carry out 

18 sections 166 through 168 such sums as may be nec19 essary for each of the fiscal years 2012 through 

20 2016. 

21 ‘‘(2) RESERVATIONS.—Of the amount appro22 priated pursuant to the authorization of appropria23 tions under paragraph (1) for a fiscal year, the Sec24 retary shall— 


smartinez on DSK6TPTVN1PROD with BILLS
195 

•HR 4227 IH

1 ‘‘(A) reserve not less than $55,000,000 for 

2 carrying out section 166; 

3 ‘‘(B) reserve not less than $70,000,000 for 

4 carrying out section 167; and 

5 ‘‘(C) reserve not less than $7,300,000 for 

6 carrying out section 168. 

7 ‘‘(b) TECHNICAL ASSISTANCE; INNOVATION

8 GRANTS.—There are authorized to be appropriated to 

9 carry out sections 169 through 171 such sums as may be 

10 necessary for each of the fiscal years 2012 through 

11 2016.’’. 

12 SEC. 162. TRANSITION GRANTS TO STATES. 

13 Subtitle D is further amended by adding at the end 

14 the following: 

15 ‘‘SEC. 175. TRANSITION GRANTS TO STATES. 

16 ‘‘(a) IN GENERAL.—For the program year described 

17 in section 171A, from the funds allocated for awards de18 scribed in section 171A and section 171B, the Secretary 

19 of Labor and the Secretary of Education shall award, on 

20 a competitive basis, transition grants to States. The Secre21 taries, to the extent practicable and consistent with the 

22 purposes of the transition grants under this section, shall 

23 award transition grants in a manner that maximizes the 

24 number of States benefitting from such grants. 


smartinez on DSK6TPTVN1PROD with BILLS
196 

•HR 4227 IH

1 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

2 under this section, the Governor of a State, in coordina3 tion with the State board and in consultation with the 

4 local boards, shall submit an application to the Secretary 

5 of Labor and the Secretary of Education, at such time, 

6 in a such manner, and containing such information, con7 sistent with this subsection, as the Secretaries may re8 quire, including— 

9 ‘‘(1) a description of how the grant funds will 

10 be used to carry out the transition activities de11 scribed in subsection (d); 

12 ‘‘(2) a description of the process by which the 

13 State will award funds to local areas in accordance 

14 with subsection (d)(2); and 

15 ‘‘(3) assurances that all the entities carrying 

16 out core programs in the State will participate in the 

17 activities. 

18 ‘‘(c) GRANT PERIOD.—Grants awarded under this 

19 subsection shall be awarded for periods of not more than 

20 2 years in duration and may not be renewed. 

21 ‘‘(d) USE OF FUNDS.—A State that receives a grant 

22 under this section— 

23 ‘‘(1) may reserve not more than 40 percent of 

24 the grant funds for transition activities to assist in 


smartinez on DSK6TPTVN1PROD with BILLS
197 

•HR 4227 IH

1 the development of the State plan under section 112 

2 or 113; and 

3 ‘‘(2) shall use not less than 60 percent of the 

4 grant funds to award subgrants to local areas for 

5 transition activities to assist in the development local 

6 and regional plans under section 116(c) and 118, 

7 with a priority in making such awards to local areas 

8 most in need of resources to make the transition to 

9 meeting the requirements of the Workforce Invest10 ment Act of 2012. 

11 ‘‘(e) LIMITATIONS.—No State may— 

12 ‘‘(1) receive more than 1 grant under this sec13 tion; and 

14 ‘‘(2) receive a grant under this section concur15 rently with a grant under section 171A or 171B for 

16 the first program year that commences after the 

17 date of enactment of the Workforce Investment Act 

18 of 2011.’’. 

19 SEC. 163. INTERAGENCY AGREEMENT. 

20 Subtitle D is further amended by adding after section 

21 175 (as added by section 112) the following: 

22 ‘‘SEC. 176. INTERAGENCY AGREEMENT. 

23 ‘‘(a) IN GENERAL.—The Secretary of Education and 

24 the Secretary of Labor shall jointly develop policies for 

25 the administration of this subtitle in accordance with such 


smartinez on DSK6TPTVN1PROD with BILLS
198 

•HR 4227 IH

1 terms as the Secretaries shall set forth in an interagency 

2 agreement. Such interagency agreement, at a minimum, 

3 shall include a description of the respective roles and re4 sponsibilities of the Secretaries in carrying out this sub5 title (both jointly and separately), including— 

6 ‘‘(1) how the funds available under this subtitle 

7 will be obligated and disbursed and compliance with 

8 applicable laws (including regulations) will be en9 sured, as well as how the grantees will be selected 

10 and monitored, and a peer review process for selec11 tion of grantees that includes program practitioners 

12 and national experts will be carried out; 

13 ‘‘(2) how evaluations and research will be con14 ducted on the effectiveness of grants awarded under 

15 this subtitle in addressing the education and employ16 ment needs of job seekers and workers, youth, and 

17 employers; 

18 ‘‘(3) how technical assistance will be provided 

19 to applicants and grant recipients; 

20 ‘‘(4) how information will be disseminated, in21 cluding through electronic means, on best practices 

22 and effective strategies and service delivery models 

23 for activities carried out under this subtitle; and 

24 ‘‘(5) how policies and processes critical to the 

25 successful achievement of the education, training, 


smartinez on DSK6TPTVN1PROD with BILLS
199 

•HR 4227 IH

1 and employment goals of this subtitle will be estab2 lished. 

3 ‘‘(b) TRANSFER AUTHORITY.—The Secretary of 

4 Labor and the Secretary of Education shall have the au5 thority to transfer funds between the Department of 

6 Labor and the Department of Education to carry out this 

7 subtitle in accordance with the agreement described in 

8 subsection (a). 

9 ‘‘(c) REPORTS.—The Secretary of Labor and the Sec10 retary of Education shall jointly develop and submit a bi11 ennial report to the Committee on Health, Education, 

12 Labor, and Pensions of the Senate and the Committee on 

13 Education and Workforce of the House of Representa14 tives, describing— 

15 ‘‘(1) actions the Departments have taken to— 

16 ‘‘(A) assess the effectiveness of the 

17 projects carried out under this subtitle; and 

18 ‘‘(B) facilitate the coordination of the pro19 grams carried out through the grants awarded 

20 with other education, employment and training 

21 programs; 

22 ‘‘(2) barriers that impede effectiveness of 

23 projects carried out under this subtitle; 

24 ‘‘(3) the best practices and effective strategies 

25 and service delivery models that the Departments 


smartinez on DSK6TPTVN1PROD with BILLS
200 

•HR 4227 IH

1 have identified pursuant to this subtitle and actions 

2 the Departments have taken to promptly dissemi3 nate information, including through electronic 

4 means, on such best practices, service delivery mod5 els, and effective strategies; and 

6 ‘‘(4) the actions the Departments have taken to 

7 leverage resources provided under Federal law other 

8 than this subtitle and non-Federal resources, to im9 prove the workforce investment system nationwide, 

10 including in States, regions, and local areas that 

11 have not received funds under this subtitle.’’. 

12 Subtitle E—Administration 

13 SEC. 171. REQUIREMENTS AND RESTRICTIONS. 

14 Section 181 is amended— 

15 (1) in subsection (a), by amending subpara16 graph (B) of paragraph (1) to read as follows: 

17 ‘‘(B) RULE OF CONSTRUCTION.—The ref18 erence in subparagraph (A) to section 6(a)(1) 

19 of the Fair Labor Standards Act of 1938 (29 

20 U.S.C. 206(a)(1)) shall not be applicable for in21 dividuals in territorial jurisdictions in which 

22 section 6 of the Fair Labor Standards Act of 

23 1938 (29 U.S.C. 206) does not apply.’’; 

24 (2) in subsection (b)(1) by striking ‘‘invest25 ment’’ and inserting ‘‘development’’; 


smartinez on DSK6TPTVN1PROD with BILLS
201 

•HR 4227 IH

1 (3) in subsection (c)(1), by inserting ‘‘or alloca2 tion’’ after ‘‘an allotment’’; 

3 (4) in subsection (d)(2)— 

4 (A) by striking ‘‘employment and training 

5 activity’’ and inserting ‘‘employment or training 

6 activity’’; 

7 (B) by inserting ‘‘incumbent worker train8 ing, transitional employment,’’ after ‘‘on-the-job 

9 training,’’; and 

10 (C) in paragraph (3), by inserting ‘‘(or 

11 that has provided funding to an entity that has 

12 violated such paragraph)’’ after ‘‘violated such 

13 paragraph’’; 

14 (5) in subsection (e)— 

15 (A) by inserting ‘‘to carry out an activity’’ 

16 after ‘‘No funds available’’; 

17 (B) by striking ‘‘and similar activities’’ 

18 and inserting ‘‘or similar activities’’; and 

19 (C) by striking ‘‘title. No funds available 

20 under subtitle B’’ and inserting ‘‘or under sub21 title C. No funds received to carry out an activ22 ity under subtitle B or C’’; and 

23 (6) in subsection (f), by inserting ‘‘or subtitle 

24 C’’ after ‘‘subtitle B’’ both places it appears. 


smartinez on DSK6TPTVN1PROD with BILLS
202 

•HR 4227 IH

1 SEC. 172. FISCAL CONTROLS OR SANCTIONS. 

2 Section 184 is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘the appropriate circulars’’ and inserting 

7 ‘‘appropriate circulars or rules’’; and 

8 (ii) in subparagraph (B)(ii), by strik9 ing ‘‘administration of youth activities’’ 

10 and inserting: 

11 ‘‘(iii) administration of youth work12 force investment activities.’’; and 

13 (B) in paragraphs (5)(A), (6)(C), and (7) 

14 (A) and (B), by inserting ‘‘with the require15 ments’’ afer ‘‘compliance’’ each place it ap16 pears; 

17 (2) in subsection (b)(1)(B)(v), by inserting 

18 ‘‘with the provision’’ after ‘‘compliance’’; 

19 (3) in subsection (c)— 

20 (A) in paragraph (2)— 

21 (i) by striking ‘‘made available’’ and 

22 inserting ‘‘received’’; 

23 (ii) by striking ‘‘offset repayment’’ 

24 and inserting ‘‘require payment by offset25 ting the amount’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
203 

•HR 4227 IH

1 (iii) by inserting ‘‘under this title’’ 

2 after ‘‘may be entitled’’; and 

3 (B) in paragraph (4), by inserting ‘‘(subse4 quent to the program year for which the deter5 mination was made)’’ after ‘‘allocations’’; and 

6 (4) in subsection (d)(1), by striking ‘‘para7 graphs (2) and (3) of’’. 

8 SEC. 173. REPORTS, RECORDKEEPING, INVESTIGATIONS. 

9 Section 185(c) is amended— 

10 (1) in paragraph (2), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (2) in paragraph (3), by striking the period and 

13 inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(4) shall, to the extent practicable, submit or 

17 make available (including through electronic means) 

18 any reports, records, plans, or any other data that 

19 are required to be submitted or made available, re20 spectively, under this title.’’. 

21 SEC. 174. ADMINISTRATIVE PROVISIONS. 

22 Section 189 is amended— 

23 (1) in subsection (a), by striking ‘‘section 204 

24 of the Intergovernmental Cooperation Act of 1968’’ 


smartinez on DSK6TPTVN1PROD with BILLS
204 

•HR 4227 IH

1 and inserting ‘‘section 6504 of title 31, United 

2 States Code’’; 

3 (2) in subsection (g), by amending paragraph 

4 (2) to read as follows: 

5 ‘‘(2) AVAILABILITY.— 

6 ‘‘(A) IN GENERAL.—Funds obligated for 

7 any program year for a program or activity 

8 funded under subtitle B may be expended by 

9 each State receiving such funds during that 

10 program year and the 2 succeeding program 

11 years. Funds received by local areas from 

12 States under subtitle B during a program year 

13 may be expended during that program year and 

14 the succeeding program year. 

15 ‘‘(B) CERTAIN NATIONAL ACTIVITIES.— 

16 ‘‘(i) IN GENERAL.—Funds obligated 

17 for any program year for any program or 

18 activity carried out under section 170 or 

19 171 shall remain available until expended. 

20 ‘‘(ii) INCREMENTAL FUNDING

21 BASIS.—A contract or arrangement en22 tered into under the authority of section 

23 170(c) (relating to research projects, stud24 ies and reports, and multistate projects) or 

25 section 171 (relating to evaluations), inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
205 

•HR 4227 IH

1 cluding a long-term, nonseverable services 

2 contract, may be funded on an incremental 

3 basis with annual appropriations or other 

4 available funds. 

5 ‘‘(C) SPECIAL RULE.—No amount of the 

6 funds obligated for a program year for a pro7 gram or activity funded under this title shall be 

8 deobligated on account of a rate of expenditure 

9 that is consistent with a State plan, an oper10 ating plan described in section 151, or a plan, 

11 grant agreement, contract, application, or other 

12 agreement described in subtitle D, as appro13 priate.’’; and 

14 (3) in subsection (i)— 

15 (A) in paragraph (3), by inserting ‘‘ac16 countability’’ after ‘‘performance’’; and 

17 (B) in paragraph (4)— 

18 (i) in subparagraph (A)(i)— 

19 (I) by inserting ‘‘the funding of 

20 infrastructure costs for one-stop cen21 ters,’’ after ‘‘functions of local areas 

22 and local boards’’; and 

23 (II) by inserting ‘‘, and other re24 quirements relating to the basic pur25 poses of this title’’ before the period; 


smartinez on DSK6TPTVN1PROD with BILLS
206 

•HR 4227 IH

1 (ii) in subparagraph (B)— 

2 (I) in the matter preceding clause 

3 (i), by striking ‘‘investment’’ and in4 serting ‘‘development’’; and 

5 (II) in clause (v), by striking ‘‘ 

6 an opportunity to comment on such 

7 request has been provided to the local 

8 board’’ and inserting ‘‘, in the case of 

9 a waiver for a local area, an oppor10 tunity to comment on such request 

11 has been provided to the local board 

12 for the local area for which the waiver 

13 is requested’’; 

14 (iii) in subparagraph (C), by inserting 

15 ‘‘for which the waiver was requested’’ after 

16 ‘‘ensure that the local area’’; and 

17 (iv) by adding at the end the following 

18 new subparagraph: 

19 ‘‘(D) EXPEDITED DETERMINATION RE20 GARDING PROVISION OF WAIVERS.—If the Sec21 retary has approved a waiver of statutory or 

22 regulatory requirements for a State or local 

23 area pursuant to this subsection, the Secretary 

24 shall expedite the determination regarding the 


smartinez on DSK6TPTVN1PROD with BILLS
207 

•HR 4227 IH

1 provision of that waiver, for another State or 

2 local area.’’. 

3 SEC. 175. REPEALS. 

4 The Act is further amended by striking section 190, 

5 and redesignating sections 191 through 195 as sections 

6 190 through 194, respectively. 

7 SEC. 176. GENERAL PROGRAM REQUIREMENTS. 

8 Section 194 (as redesignated by section 185) is 

9 amended by adding at the end the following new para10 graphs: 

11 ‘‘(14) Funds provided under this title shall not 

12 be used to establish or operate a stand-alone fee-for13 service enterprise in a situation in which a private 

14 sector employment agency (as defined in section 701 

15 of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) 

16 is providing full access to similar or related services 

17 in such a manner as to fully meet the identified 

18 need. For purposes of this paragraph, such an enter19 prise does not include a one-stop delivery system de20 scribed in section 121(e). 

21 ‘‘(15)(A) None of the funds available under this 

22 title shall be used by a recipient or subrecipient of 

23 such funds to pay the salary and bonuses of an indi24 vidual, either as direct costs or indirect costs, at a 

25 rate in excess of the annual rate of basic pay preVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
208 

•HR 4227 IH

1 scribed for level II of the Executive Schedule under 

2 section 5313 of title 5, United States Code. 

3 ‘‘(B) The limitation described in subparagraph 

4 (A) shall not apply to vendors providing goods and 

5 services as defined in Office of Management and 

6 Budget Circular A–133. 

7 ‘‘(C) In a case in which a State is a recipient 

8 of such funds, the State may establish a lower limit 

9 than is provided in subparagraph (A) for salaries 

10 and bonuses of those receiving salaries and bonuses 

11 from a subrecipient of such funds, taking into ac12 count factors including the relative cost of living in 

13 the State, the compensation levels for comparable 

14 State or local government employees, and the size of 

15 the organizations that administer the Federal pro16 grams involved.’’. 

17 SEC. 177. OFFICE OF DISABILITY EMPLOYMENT POLICY. 

18 Subtitle E is further amended by adding at the end 

19 the following: 

20 ‘‘SEC. 195. OFFICE OF DISABILITY EMPLOYMENT POLICY. 

21 ‘‘(a) PURPOSE.—The purpose of this section is to es22 tablish an Office of Disability Employment Policy— 

23 ‘‘(1) to help develop and support national poli24 cies and practices that will increase employment and 


smartinez on DSK6TPTVN1PROD with BILLS
209 

•HR 4227 IH

1 economic advancement opportunities for all individ2 uals with disabilities; and 

3 ‘‘(2) to ensure that such individuals are fully 

4 integrated into the 21st century workforce. 

5 ‘‘(b) OFFICE.—There is established within the De6 partment of Labor an Office of Disability Employment 

7 Policy (referred to in this section as the ‘Office’). Except 

8 as otherwise specifically provided in this Act, such Office 

9 shall be the principal entity carrying out the functions de10 scribed in this section. 

11 ‘‘(c) ASSISTANT SECRETARY.— 

12 ‘‘(1) IN GENERAL.—The Office shall be headed 

13 by an Assistant Secretary of Disability Employment 

14 Policy (referred to in this title as the ‘Assistant Sec15 retary’) appointed by the President by and with the 

16 advice and consent of the Senate. Except as other17 wise specifically provided in this Act, the Assistant 

18 Secretary shall be the principal officer carrying out 

19 the functions described in this section. 

20 ‘‘(2) EXPERIENCE.—The Assistant Secretary 

21 shall be an individual with substantial experience in, 

22 and a thorough knowledge of, disability employment 

23 policy, training and educational opportunities for in24 dividuals with disabilities (including youth with dis25 abilities), public benefit programs for individuals 


smartinez on DSK6TPTVN1PROD with BILLS
210 

•HR 4227 IH

1 with disabilities, job development, and the barriers 

2 that may limit employment and economic advance3 ment opportunities of individuals with disabilities. 

4 ‘‘(3) GOALS AND DIRECTION.—In carrying out 

5 the functions of the Office, the Assistant Secretary 

6 shall be guided by the goals of achieving equal op7 portunity, full participation, economic self-suffi8 ciency, and independent living for all individuals 

9 with disabilities, to the greatest extent possible. In 

10 the performance of the functions of the Office, the 

11 Assistant Secretary shall be directly responsible to 

12 the Secretary of Labor. 

13 ‘‘(d) FUNCTIONS.—The Assistant Secretary shall 

14 provide national leadership, and encourage interagency 

15 collaboration, on increasing employment and training op16 portunities for individuals with disabilities through the de17 velopment of policies and initiatives (taking into account 

18 relevant information from other Federal agencies and in19 cluding the awarding of grants as appropriate) that— 

20 ‘‘(1) eliminate barriers to the employment and 

21 training of individuals with disabilities; 

22 ‘‘(2) advance opportunities for employment, and 

23 identify strategies that increase employment oppor24 tunities in the private sector, for individuals with 


smartinez on DSK6TPTVN1PROD with BILLS
211 

•HR 4227 IH

1 disabilities, including recruitment, retention, and 

2 promotion of such individuals; 

3 ‘‘(3) identify and remove disincentives that limit 

4 or prevent the full employment of individuals with 

5 disabilities who are receiving benefits through Fed6 eral or State programs such as medical assistance 

7 under a State Medicaid program under title XIX of 

8 the Social Security Act (42 U.S.C. 1396 et seq.), 

9 disability insurance benefits under title II of the So10 cial Security Act (42 U.S.C. 401 et seq.), or supple11 mental security income benefits under title XVI of 

12 the Social Security Act (42 U.S.C. 1381 et seq.); 

13 ‘‘(4) advise and assist the Department of Labor 

14 and other Federal agencies in the development of 

15 policies and practices that increase employment op16 portunities in the Federal Government for individ17 uals with disabilities, including outreach to and re18 cruitment, retention, and promotion of such individ19 uals; 

20 ‘‘(5) assist youth with disabilities, including 

21 such youth who are out-of-school youth, in success22 fully transitioning into the workforce; 

23 ‘‘(6) increase access for individuals with disabil24 ities seeking employment, education, and training 

25 services from a one-stop delivery system described in 


smartinez on DSK6TPTVN1PROD with BILLS
212 

•HR 4227 IH

1 section 221(e) of the Workforce Investment Act of 

2 2012, and other public and private providers of such 

3 services and supports; 

4 ‘‘(7) increase coordination of activities between 

5 State vocational rehabilitation programs and the 

6 workforce development systems (as defined in sec7 tion 101 of such Act), including the one-stop centers 

8 (as defined in such section 101), including assisting 

9 individuals with disabilities in maximizing the serv10 ices available through such programs, systems, and 

11 centers; 

12 ‘‘(8) leverage available public and system re13 sources to address individual and systematic employ14 ment barriers for individuals with disabilities, and 

15 assist such individuals in navigating the process of 

16 coordinating their public benefits, including health 

17 care; 

18 ‘‘(9) increase employment opportunities for in19 dividuals with significant disabilities in competitive 

20 integrated employment; and 

21 ‘‘(10) meet other objectives, as specified by the 

22 Secretary of Labor, that will increase employment 

23 and training opportunities for individuals with dis24 abilities. 


smartinez on DSK6TPTVN1PROD with BILLS
213 

•HR 4227 IH

1 ‘‘(e) REPORT.—For each fiscal year, beginning with 

2 the first full fiscal year following the date of enactment 

3 of the Workforce Investment Act of 2012, the Secretary 

4 of Labor shall prepare a report and submit the report to 

5 the Committee on Education and the Workforce of the 

6 House of Representatives and the Committee on Health, 

7 Education, Labor, and Pensions of the Senate, not later 

8 than 90 days after the end of that fiscal year. The report 

9 shall summarize the Office’s progress in— 

10 ‘‘(1) meeting the general objectives specified in 

11 paragraphs (1) and (2) of subsection (a); 

12 ‘‘(2) meeting each of the 4 goals specified in 

13 subsection (c)(3); and 

14 ‘‘(3) developing the specific policies and initia15 tives specified in subsection (d). 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 such sums as may be necessary for each of fiscal years 

19 2012 through 2016.’’. 

20 Subtitle F—Community College to 

21 Career Fund 

22 SEC. 181. COMMUNITY COLLEGE TO CAREER FUND. 

23 Title I is further amended by adding at the end the 

24 following: 


smartinez on DSK6TPTVN1PROD with BILLS
214 

•HR 4227 IH

1 ‘‘Subtitle F—Community College to 

2 Career Fund 

3 ‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNER4 SHIPS PROGRAM. 

5 ‘‘(a) GRANTS AUTHORIZED.—From funds appro6 priated under section 199D(1), the Secretary of Labor 

7 and the Secretary of Education, in accordance with the 

8 interagency agreement described in section 199E, shall 

9 award competitive grants to eligible entities described in 

10 subsection (b) for the purpose of developing, offering, im11 proving or providing educational or career training pro12 grams for workers. 

13 ‘‘(b) ELIGIBLE ENTITY.— 

14 ‘‘(1) IN GENERAL.—Entities eligible for a grant 

15 under this section are any of the following (or a con16 sortium of any of the following) in partnership with 

17 employers or an association of employers: 

18 ‘‘(A) a junior or community college (as de19 fined in section 312(f) of the Higher Education 

20 Act of 1965 (20 U.S.C. 1085(f))); 

21 ‘‘(B) a four-year public institution of high22 er education (as defined in section 101 of the 

23 Higher Education Act of 1965) that offers two24 year degrees, will use funds provided under this 

25 section for activities at the certificate and assoVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
215 

•HR 4227 IH

1 ciate degree levels, and is not reasonably close, 

2 as determined by the Secretaries, to a commu3 nity college; 

4 ‘‘(C) a tribal college or university (as de5 fined in section 316(b) of the Higher Education 

6 Act); or 

7 ‘‘(D) at the discretion of the Secretaries, a 

8 private, not-for-profit, two-year institution of 

9 higher education in Puerto Rico, Guam, the 

10 United States Virgin Islands, American Samoa, 

11 the Commonwealth of the Northern Mariana Is12 lands, the Republic of the Marshall Islands, the 

13 Federated States of Micronesia, or the Republic 

14 of Palau. 

15 ‘‘(2) ADDITIONAL PARTNERSHIPS.—In addition 

16 to partnering with employers or an association of 

17 employers, the eligible entities described in para18 graph (1) may partner with any of the organizations 

19 described in subparagraphs (A) through (D). Any 

20 such partnership shall collaborate with, and may in21 clude, the State or local workforce investment board. 

22 ‘‘(A) An adult education provider or post23 secondary educational institution (as defined in 

24 section 101 of the Higher Education Act of 

25 1965). 


smartinez on DSK6TPTVN1PROD with BILLS
216 

•HR 4227 IH

1 ‘‘(B) A community-based organization. 

2 ‘‘(C) A joint-labor management partner3 ship. 

4 ‘‘(D) Any other organization that the Sec5 retaries considers appropriate. 

6 ‘‘(c) APPLICATION.—An eligible entity seeking a 

7 grant under this section shall submit a grant proposal to 

8 the Secretaries at such time and containing such informa9 tion as the Secretaries determine is required, including a 

10 detailed description of— 

11 ‘‘(1) the specific project for which the grant 

12 proposal is submitted, including the manner in 

13 which the grant will be used to develop, offer, im14 prove, or provide an educational or career training 

15 program; 

16 ‘‘(2) the extent to which the project will meet 

17 the educational or career training needs of workers 

18 in the area served by the eligible entity; 

19 ‘‘(3) the extent to which the project will meet 

20 the needs of employers in the region for skilled 

21 workers in in-demand industry sectors and occupa22 tions; 

23 ‘‘(4) the extent to which the project submitted 

24 fits within any overall strategic plan developed by an 

25 eligible entity; and 


smartinez on DSK6TPTVN1PROD with BILLS
217 

•HR 4227 IH

1 ‘‘(5) any previous experience of the eligible enti2 ty in providing educational or career training pro3 grams, the absence of which shall not automatically 

4 disqualify an eligible institution from receiving a 

5 grant under this section. 

6 ‘‘(d) CRITERIA FOR AWARD.— 

7 ‘‘(1) IN GENERAL.—Grants under this section 

8 shall be awarded based on criteria established by the 

9 Secretaries, that include the following: 

10 ‘‘(A) A determination of the merits of the 

11 grant proposal submitted by the eligible entity 

12 to develop, offer, improve, or provide edu13 cational or career training programs to be made 

14 available to workers. 

15 ‘‘(B) An assessment of the likely employ16 ment opportunities available in the region to in17 dividuals who complete an educational or career 

18 training program that the eligible entity pro19 poses to develop, offer, improve, or provide. 

20 ‘‘(C) An assessment of prior demand for 

21 training programs by individuals eligible for 

22 training served by the eligible entity as well as 

23 availability and capacity of existing training 

24 programs to meet future demand for training 

25 programs. 


smartinez on DSK6TPTVN1PROD with BILLS
218 

•HR 4227 IH

1 ‘‘(2) PRIORITY.—The Secretaries shall give pri2 ority to eligible entities that— 

3 ‘‘(A) include a partnership with a business 

4 or industry or sector partnership that— 

5 ‘‘(i) pays a portion of the costs of 

6 such programs; or 

7 ‘‘(ii) agrees to hire individuals who 

8 have completed a particular postsecondary 

9 degree, certificate, or credential resulting 

10 from the training program of the eligible 

11 entity; 

12 ‘‘(B) enter into a partnership with a labor 

13 organization or labor-management training pro14 gram that provides technical expertise for occu15 pationally specific education necessary for a rec16 ognized postsecondary credential leading to a 

17 skill occupation in an in-demand industry sec18 tor; 

19 ‘‘(C) are focused on serving individuals 

20 with employment barriers, low-income, non-tra21 ditional students as defined in section 803(j) of 

22 the Higher Education Act (20 U.S.C. 

23 11561(c)(j)), students who are dislocated work24 ers, students who are veterans, or students who 

25 are long-term unemployed; 


smartinez on DSK6TPTVN1PROD with BILLS
219 

•HR 4227 IH

1 ‘‘(D) are community colleges serving areas 

2 with high unemployment rates, including rural 

3 areas; and 

4 ‘‘(E) are eligible entities that include an 

5 institution of higher education eligible for as6 sistance under title III or V of the Higher Edu7 cation Act of 1965. 

8 ‘‘(e) USE OF FUNDS.—Grants awarded under this 

9 section shall be used for one or more of the following: 

10 ‘‘(1) The development, offering, improvement, 

11 or provision of academic programs or training pro12 grams, that provide relevant job training for skilled 

13 occupations that will meet the needs of employers in 

14 in-demand industries sectors, and which may include 

15 registered apprenticeship programs, on-the-job train16 ing programs, and programs that support employers 

17 in upgrading the skills of their workforce. 

18 ‘‘(2) The development and implementation of 

19 policies and programs to expand opportunities for 

20 students to earn a recognized postsecondary creden21 tial or degree in in-demand industry sectors and oc22 cupations, including by— 

23 ‘‘(A) facilitating the transfer of academic 

24 credits between institutions of higher education, 


smartinez on DSK6TPTVN1PROD with BILLS
220 

•HR 4227 IH

1 including the transfer of academic credits for 

2 courses in the same field of study; 

3 ‘‘(B) expanding articulation agreements 

4 and policies that guarantee transfer between 

5 such institutions, including through common 

6 course numbering and general core curriculum; 

7 and 

8 ‘‘(C) developing or enhancing student sup9 port services programs. 

10 ‘‘(3) The creation of workforce programs that 

11 provide a sequence of education and occupational 

12 training that leads to a recognized postsecondary 

13 credential or degree, including programs that— 

14 ‘‘(A) blend basic skills and occupational 

15 training; 

16 ‘‘(B) facilitate means of transitioning from 

17 non-credit occupational, basic skills, or develop18 mental coursework to for-credit coursework 

19 within and across institutions; 

20 ‘‘(C) build or enhance linkages including 

21 the development of dual enrollment programs 

22 and early college high schools between sec23 ondary education or adult education programs 

24 (including programs established under the Carl 


smartinez on DSK6TPTVN1PROD with BILLS
221 

•HR 4227 IH

1 D. Perkins Career and Technical Education Act 

2 of 2006 and title II of this Act); 

3 ‘‘(D) implement other innovative programs 

4 designed to increase the provision of training 

5 for students, including students who are vet6 eran members of the National Guard or Re7 serves, to enter skilled occupations in in-de8 mand industry sectors; and 

9 ‘‘(E) support paid internships that will 

10 allow students to simultaneously earn credit for 

11 work-based learning and gain relevant employ12 ment experience in an in-demand industry sec13 tor or occupation, which shall include opportu14 nities that transition individuals into employ15 ment. 

16 ‘‘(4) The support of regional or national in-de17 mand industry sectors to develop skills consortia 

18 that will identify pressing workforce needs and de19 velop solutions such as— 

20 ‘‘(A) standardizing industry certifications; 

21 ‘‘(B) developing new training technologies; 

22 and 

23 ‘‘(C) collaborating with industry employers 

24 to define and describe how specific skills lead to 

25 particular jobs and career opportunities. 


smartinez on DSK6TPTVN1PROD with BILLS
222 

•HR 4227 IH

1 ‘‘SEC. 199A. PAY-FOR-PERFORMANCE AND PAY-FOR-SUC2 CESS JOB TRAINING PROJECTS. 

3 ‘‘(a) AWARD GRANTS AUTHORIZED.—From funds 

4 appropriated under section 199D(2), the Secretary of 

5 Labor and the Secretary of Education, in accordance with 

6 the interagency agreement described in section 199E, 

7 shall award grants on a competitive basis to eligible enti8 ties described in subsection (b) who meet specific perform9 ance outcomes and criteria established by the Secretaries 

10 under subsection (c). Projects funded by grants under this 

11 section shall be referred to as either Pay-for-Performance 

12 or Pay-for-Success projects, as set forth in subsection (b). 

13 ‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a 

14 grant under this section an entity shall be a State or local 

15 organization (which may be a local workforce organiza16 tion) in partnership with entities such as community col17 leges and other training providers who— 

18 ‘‘(1) in the case of Pay-for-Performance 

19 projects, agree to be reimbursed primarily on the 

20 basis of achievement of specified performance out21 comes and criteria agreed upon by the Secretaries 

22 under subsection (c); or 

23 ‘‘(2) in the case of Pay-for-Success projects, in24 clude partnerships with investors, such as philan25 thropic organizations that provide funding for a spe26 cific project or projects to address a clear and measVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
223 

•HR 4227 IH

1 urable job training need in the community or region 

2 and agree to be reimbursed under the grant only if 

3 the project or projects meet specified performance 

4 outcomes and criteria agreed to by the Secretaries 

5 under subsection (c). 

6 ‘‘(c) PERFORMANCE OUTCOMES AND CRITERIA.— 

7 Not later than 6 months after the date of the enactment 

8 of this subtitle, the Secretary of Labor and the Secretary 

9 of Education shall establish and publish specific perform10 ance measures for the initial qualification of eligible enti11 ties to receive a grant under this section. At a minimum, 

12 to receive an award an eligible entity shall— 

13 ‘‘(1) identify a particular program area and cli14 ent population that is not achieving optimal out15 comes; 

16 ‘‘(2) provide evidence that the proposed strat17 egy would achieve better results; 

18 ‘‘(3) clearly articulate and quantify the im19 proved outcomes of such new approach; 

20 ‘‘(4) for Pay-for-Success projects, specify a 

21 monetary value that would need to paid to obtain 

22 such results and explain the basis for such value; 

23 ‘‘(5) identify data that would be required to 

24 evaluate whether outcomes are being achieved for a 

25 target population and a comparison group; 


smartinez on DSK6TPTVN1PROD with BILLS
224 

•HR 4227 IH

1 ‘‘(6) identify estimated savings that would re2 sult from the improved outcomes, including to other 

3 programs or units of government; 

4 ‘‘(7) demonstrate the capacity to collect re5 quired data, track outcomes, and validate those out6 comes; and 

7 ‘‘(8) any other criteria the Secretaries may re8 quire. 

9 ‘‘(d) PERIOD OF AVAILABILITY FOR PAY-FOR-SUC10 CESS PROJECTS.—Funds appropriated to carry out Pay11 for-Success projects pursuant to section 199D(2) shall, 

12 upon obligation, remain available for disbursement until 

13 expended, notwithstanding section 1552 of title 31, United 

14 States Code, and, if later deobligated, in whole or in part, 

15 be available until expended for additional Pay-for-Success 

16 grants under this section. 

17 ‘‘SEC. 199B. BRING JOBS BACK TO AMERICA GRANTS. 

18 ‘‘(a) GRANTS AUTHORIZED.—From funds appro19 priated under section 199D(3), the Secretary of Labor 

20 and the Secretary of Education, in accordance with the 

21 interagency agreement described in section 199E, shall 

22 award grants to State or local governments for job train23 ing and recruiting activities that can quickly provided 

24 businesses with skilled workers in order to encourage busi25 nesses to remain in or relocate to areas served by such 


smartinez on DSK6TPTVN1PROD with BILLS
225 

•HR 4227 IH

1 governments. The Secretaries shall coordinate with the 

2 Secretary of Commerce in carrying out this section. 

3 ‘‘(b) PURPOSE AND USE OF FUNDS.—Grants award4 ed under this section may be used by a State or local gov5 ernment to issue subgrants to eligible entities as des6 ignated by the Secretaries, including those described in 

7 section 199(b), to assist such eligible entities in providing 

8 training necessary to provide skilled workers for busi9 nesses that have relocated or are considering relocating 

10 operations outside the United States, and may instead re11 locate to the areas served by such governments. 

12 ‘‘(c) APPLICATION.—A State or local government 

13 seeking a grant under the program established under sub14 section (a) shall submit an application to the Secretaries 

15 in such manner and containing such information as the 

16 Secretaries may require. At a minimum, each application 

17 shall include— 

18 ‘‘(1) a description of the eligible entity or enti19 ties the State or local government proposes to assist 

20 in providing job training or recruiting activities; 

21 ‘‘(2) a description of the proposed or existing 

22 business facility, including the number of jobs relat23 ing to such facility and the average wage or salary 

24 of those jobs; and 


smartinez on DSK6TPTVN1PROD with BILLS
226 

•HR 4227 IH

1 ‘‘(3) a description of any other resources that 

2 the State has committed to assisting such business 

3 in locating such facility, including tax incentives pro4 vided, bonding authority exercised, and land grant5 ed. 

6 ‘‘(d) CRITERIA.—The Secretaries shall award grants 

7 to State and local governments that— 

8 ‘‘(1) the Secretaries determine are most likely 

9 to succeed with a grant under the program in assist10 ing an eligible entity in providing the training nec11 essary to cause a business or businesses to remain 

12 in or relocate to areas served by such governments; 

13 ‘‘(2) will fund training programs that will result 

14 in the greatest number and quality of jobs; 

15 ‘‘(3) have committed State or other resources, 

16 to the extent of their ability as determined by the 

17 Secretaries, to assist a business or businesses to re18 main in or relocate to areas served by such govern19 ments; and 

20 ‘‘(4) have met such other criteria as the Secre21 taries consider appropriate, including criteria relat22 ing to marketing plans, benefits to ongoing regional 

23 or State strategies for economic development and job 

24 growth. 


smartinez on DSK6TPTVN1PROD with BILLS
227 

•HR 4227 IH

1 ‘‘SEC. 199C. GRANTS FOR ENTREPRENEUR AND SMALL 

2 BUSINESS STARTUP TRAINING. 

3 ‘‘(a) GRANTS AUTHORIZED.—From funds appro4 priated under section 199D(4), the Secretary of Labor 

5 and the Secretary of Education, in accordance with the 

6 interagency agreement described in section 199E, shall 

7 award competitive grants to eligible entities described in 

8 subsection (b) to provide training in starting a small busi9 ness and entrepreneurship. The Secretaries shall coordi10 nate with the Administrator of the Small Business Admin11 istration in carrying out this section including in the devel12 opment of criteria and selection of proposals. 

13 ‘‘(b) ELIGIBLE ENTITY.— 

14 ‘‘(1) IN GENERAL.—Entities eligible for a grant 

15 under this section are any of the following (or a con16 sortium of any of the following) in partnership with 

17 at least one local or regional economic development 

18 entity described in paragraph (2): 

19 ‘‘(A) a junior or community college (as de20 fined in section 312(f) of the Higher Education 

21 Act of 1965 (20 U.S.C. 1085(f))); 

22 ‘‘(B) a four-year public institution of high23 er education (as defined in section 101 of the 

24 Higher Education Act of 1965) that offers two25 year degrees, will use funds provided under this 

26 section for activities at the certificate and assoVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
228 

•HR 4227 IH

1 ciate degree levels, and is not reasonably close, 

2 as determined by the Secretaries, to a commu3 nity college; 

4 ‘‘(C) a tribal college or university (as de5 fined in section 316(b) of the Higher Education 

6 Act); or 

7 ‘‘(D) at the discretion of the Secretaries, a 

8 private, not-for-profit, two-year institution of 

9 higher education in Puerto Rico, Guam, the 

10 United States Virgin Islands, American Samoa, 

11 the Commonwealth of the Northern Mariana Is12 lands, the Republic of the Marshall Islands, the 

13 Federated States of Micronesia, or the Republic 

14 of Palau. 

15 ‘‘(2) ADDITIONAL PARTNERSHIPS.—Local or re16 gional economic development entities described in 

17 this paragraph are the following: 

18 ‘‘(A) Small business development centers. 

19 ‘‘(B) Women’s business centers. 

20 ‘‘(C) Regional innovation clusters. 

21 ‘‘(D) Local accelerators or incubators. 

22 ‘‘(E) State or local economic development 

23 agencies. 

24 ‘‘(c) APPLICATION.—An eligible entity seeking a 

25 grant under this section shall submit a grant proposal in 


smartinez on DSK6TPTVN1PROD with BILLS
229 

•HR 4227 IH

1 such manner and containing such information as the Sec2 retaries and the Small Business Administrator shall re3 quire. Such information shall include the manner in which 

4 entrepreneurship training and education will be provided, 

5 the role of partners in such an arrangement, and the man6 ner in which the proposal will integrate and partner with 

7 local economic development resources. 

8 ‘‘(d) USE OF FUNDS.—Grants awarded under this 

9 section shall be used to provide training in entrepreneur10 ship and starting a small business, including through on11 line courses, intensive seminars, and comprehensive 

12 courses. 

13 ‘‘SEC. 199D. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) IN GENERAL.—There is authorized to be appro15 priated $8,000,000,000 to carry out this subtitle, of which 

16 $4,000,000,000 is authorized to be appropriated to the 

17 Secretary of Labor and $4,000,000,000 is authorized to 

18 be appropriated to the Secretary of Education. Such 

19 amounts shall be used to carry out the programs author20 ized by this subtitle as follows: 

21 ‘‘(1) $7,000,000,000 is authorized for the pro22 gram established by section 199; 

23 ‘‘(2) $500,000,000 is authorized for the pro24 gram established by section 199A; 


smartinez on DSK6TPTVN1PROD with BILLS
230 

•HR 4227 IH

1 ‘‘(3) $250,000,000 is authorized for the pro2 gram established by section 199B; 

3 ‘‘(4) $250,000,000 is authorized for the pro4 gram established by section 199C; and 

5 ‘‘(5) Not more than 5 percent of the amounts 

6 authorized under paragraphs (1) through (4) may be 

7 used by the Secretaries to administer each respective 

8 program, including providing technical assistance 

9 and carrying out evaluations. 

10 ‘‘(b) PERIOD OF AVAILABILITY.—Except as provided 

11 in section 199A(d), the funds appropriated pursuant to 

12 subsection (a) shall be available for Federal obligation for 

13 the fiscal year for which the funds are appropriated and 

14 the succeeding 2 fiscal years. 

15 ‘‘SEC. 199E. INTERAGENCY AGREEMENT. 

16 ‘‘(a) IN GENERAL.—The Secretary of Labor and the 

17 Secretary of Education shall jointly develop policies for the 

18 administration of this subtitle in accordance with such 

19 terms as the Secretaries shall set forth in an interagency 

20 agreement. Such interagency agreement, at a minimum, 

21 shall include a description of the respective roles and re22 sponsibilities of the Secretaries in carrying out this sub23 title (both jointly and separately), including— 

24 ‘‘(1) how the funds available under this subtitle 

25 will be obligated and disbursed and compliance with 


smartinez on DSK6TPTVN1PROD with BILLS
231 

•HR 4227 IH

1 applicable laws (including regulations) will be en2 sured, as well as how the grantees will be selected 

3 and monitored; 

4 ‘‘(2) how evaluations and research will be con5 ducted on the effectiveness of grants awarded under 

6 this subtitle in addressing the education and employ7 ment needs of workers, and employers; 

8 ‘‘(3) how technical assistance will be provided 

9 to applicants and grant recipients; 

10 ‘‘(4) how information will be disseminated, in11 cluding through electronic means, on best practices 

12 and effective strategies and service delivery models 

13 for activities carried out under this subtitle; and 

14 ‘‘(5) how policies and processes critical to the 

15 successful achievement of the education, training, 

16 and employment goals of this subtitle will be estab17 lished. 

18 ‘‘(b) TRANSFER AUTHORITY.—The Secretary of 

19 Labor and the Secretary of Education shall have the au20 thority to transfer funds between the Department of 

21 Labor and the Department of Education to carry out this 

22 subtitle in accordance with the agreement described in 

23 subsection (a). The Secretary of Labor and the Secretary 

24 of Education shall have the ability to transfer funds to 

25 the Secretary of Commerce and the Administrator of the 


smartinez on DSK6TPTVN1PROD with BILLS
232 

•HR 4227 IH

1 Small Business Administration to carry out sections 199B 

2 and 199C, respectively. 

3 ‘‘(c) REPORTS.—The Secretary of Labor and the Sec4 retary of Education shall jointly develop and submit a bi5 ennial report to the Committee on Health, Education, 

6 Labor, and Pensions of the Senate and the Committee on 

7 Education and the Workforce of the House of Representa8 tives, describing the activities carried out under this sub9 title and the outcomes of such activities.’’. 

10 TITLE II—ADULT EDUCATION 

11 AND LITERACY 

12 SEC. 201. PURPOSES, DEFINITIONS, AND MISCELLANEOUS 

13 PROVISIONS. 

14 (a) PURPOSE.—Section 202 is amended to read as 

15 follows: 

16 ‘‘SEC. 202. PURPOSE. 

17 ‘‘It is the purpose of this title to create a partnership 

18 among the Federal Government, States, and localities to 

19 provide, on a voluntary basis, adult education and literacy 

20 activities, in order to— 

21 ‘‘(1) assist adults to become literate and obtain 

22 the knowledge and skills necessary for employment 

23 and economic self-sufficiency; 

24 ‘‘(2) assist adults who are parents to obtain the 

25 education and skills that— 


smartinez on DSK6TPTVN1PROD with BILLS
233 

•HR 4227 IH

1 ‘‘(A) are necessary to becoming full part2 ners in the educational development of their 

3 children; and 

4 ‘‘(B) lead to sustainable improvements in 

5 the economic opportunities for their family; 

6 ‘‘(3) assist adults in attaining a secondary 

7 school diploma or its equivalent and in the transition 

8 to and success in postsecondary education and train9 ing, including through career pathways; 

10 ‘‘(4) assist immigrants and other individuals 

11 who are English language learners in improving 

12 their reading, writing, speaking, and comprehension 

13 skills in English; 

14 ‘‘(5) assist immigrants in acquiring an under15 standing of the American system of government and 

16 the responsibilities of citizenship; 

17 ‘‘(6) assist States in expanding a 21st century 

18 delivery system for adult education, literacy, and 

19 workplace skills services that meet the needs of 

20 adults at all skill levels; 

21 ‘‘(7) assist adults in developing technology lit22 eracy; and 

23 ‘‘(8) enable more adults to complete adult edu24 cation and enter and succeed in postsecondary edu25 cation and employment.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
234 

•HR 4227 IH

1 (b) DEFINITIONS.—Section 203 is amended— 

2 (1) by amending paragraph (1) to read as fol3 lows: 

4 ‘‘(1) ADULT EDUCATION.—The term ‘adult edu5 cation’ means academic instruction and services 

6 below the postsecondary level that increase an indi7 vidual’s ability to— 

8 ‘‘(A) read, write, and speak in English and 

9 perform mathematics or other activities nec10 essary for the attainment of a secondary school 

11 diploma or its recognized equivalent; 

12 ‘‘(B) transition to and success in postsec13 ondary education and training; or 

14 ‘‘(C) obtain employment.’’; 

15 (2) in paragraph (2), by striking ‘‘activities de16 scribed in section 231(b)’’ and inserting ‘‘programs, 

17 activities, and services that include adult education, 

18 literacy, workplace adult education and literacy ac19 tivities, family literacy activities, English language 

20 acquisition activities, workforce preparation activi21 ties, or integrated education and training’ ’’; 

22 (3) by striking paragraphs (3), (8), (9), (10), 

23 (13), (14), and (17) and redesignating paragraphs 

24 (4), (7), (11), (12), (15), (16), and (18) as paraVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
235 

•HR 4227 IH

1 graphs (3), (9), (10), (11), (13), (14), and (15), re2 spectively; 

3 (4) in paragraph (3) (as so redesignated), by 

4 inserting ‘‘activities’’ after ‘‘literacy’’; 

5 (5) by inserting after paragraph (3) (as so re6 designated) the following: 

7 ‘‘(4) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

8 individual’ means an individual— 

9 ‘‘(A) who has attained 16 years of age; 

10 ‘‘(B) who is not enrolled or required to be 

11 enrolled in secondary school under State law; 

12 and 

13 ‘‘(C) who— 

14 ‘‘(i) is unable to compute or solve 

15 problems, or read, write, or speak English 

16 at a level necessary to function on the job, 

17 in the individuals’ family, or in society; 

18 ‘‘(ii) does not have a secondary school 

19 diploma or its recognized equivalent, and 

20 has not achieved an equivalent level of edu21 cation; or 

22 ‘‘(iii) is an English language learn23 er.’’; 

24 (6) in paragraph (5)— 


smartinez on DSK6TPTVN1PROD with BILLS
236 

•HR 4227 IH

1 (A) by striking ‘‘means—’’ and inserting 

2 ‘‘means an organization that has demonstrated 

3 effectiveness in providing adult education and 

4 literacy activities that may include—’’; 

5 (B) in subparagraphs (B) and (C), by 

6 striking ‘‘of demonstrated effectiveness’’ both 

7 places it appears; 

8 (C) in subparagraph (H), by striking ‘‘lit9 eracy services’’ and all that follows and insert10 ing ‘‘adult education and literacy activities to 

11 eligible individuals;’’; 

12 (D) in subparagraph (I), by striking the 

13 period at the end and inserting ‘‘; and’’; and 

14 (E) by adding at the end the following: 

15 ‘‘(J) a partnership between an employer 

16 and an entity described in any of subpara17 graphs (A) through (I).’’; 

18 (7) by amending paragraph (6) to read as fol19 lows: 

20 ‘‘(6) ENGLISH LANGUAGE ACQUISITION PRO21 GRAM.—The term ‘English language acquisition pro22 gram’ means a program of instruction— 

23 ‘‘(A) designed to help eligible individuals 

24 who are English language learners achieve comVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
237 

•HR 4227 IH

1 petence in reading, writing, speaking, and com2 prehension of the English language; 

3 ‘‘(B) that may lead to— 

4 ‘‘(i) attainment of a secondary school 

5 diploma or its recognized equivalent; 

6 ‘‘(ii) transition to success in postsec7 ondary education and training; and 

8 ‘‘(iii) employment or career advance9 ment; and 

10 ‘‘(C) that such programs may be sequen11 tial, integrated, or concurrent in nature.’’; 

12 (8) by inserting after paragraph (6) the fol13 lowing: 

14 ‘‘(7) ENGLISH LANGUAGE LEARNER.—The term 

15 ‘English language learner’ when used with respect to 

16 an eligible individual, means an eligible individual 

17 who has limited ability in reading, writing, speaking, 

18 or comprehending the English language, and— 

19 ‘‘(A) whose native language is a language 

20 other than English; or 

21 ‘‘(B) who lives in a family or community 

22 environment where a language other than 

23 English is the dominant language. 

24 ‘‘(8) HIGH QUALITY LITERACY INSTRUCTION.— 

25 The term ‘high quality literacy instruction’ means 


smartinez on DSK6TPTVN1PROD with BILLS
238 

•HR 4227 IH

1 developmentally appropriate, explicit, and systematic 

2 instruction that provides students with— 

3 ‘‘(A) early development and grade-level 

4 mastery of oral language skills, both listening 

5 and speaking, phonological awareness, using a 

6 wide vocabulary, conventional forms of gram7 mar, and academic language; 

8 ‘‘(B) the ability to read regularly spelled 

9 words and high-frequency irregularly spelled 

10 words and to decode regularly spelled unfa11 miliar words accurately, using phonemic aware12 ness, print awareness, alphabet knowledge, and 

13 knowledge of English spelling patterns; 

14 ‘‘(C) the ability to read texts accurately, 

15 fluently, and with comprehension, relying on 

16 knowledge of the vocabulary in those texts and 

17 of the background information that the stu18 dents possess; 

19 ‘‘(D) the ability to read with a purpose and 

20 the capacity to differentiate purposes and to se21 lect and apply comprehension strategies appro22 priate to achieving the purpose; 

23 ‘‘(E) an understanding of, and ability to 

24 adapt to, the varying demands of different 

25 genres, formats, and types of texts across the 


smartinez on DSK6TPTVN1PROD with BILLS
239 

•HR 4227 IH

1 core content areas in order to comprehend texts 

2 of appropriate levels of complexity and content, 

3 including texts necessary for mastery of grade4 level standards; 

5 ‘‘(F) the ability to effectively access, criti6 cally evaluate, and appropriately synthesize in7 formation from a variety of sources and for8 mats; 

9 ‘‘(G) the development and maintenance of 

10 a motivation to read and write, as reflected in 

11 habits of reading and writing regularly and or 

12 discussing one’s reading and writing with oth13 ers; and 

14 ‘‘(H) the ability to write clearly, accu15 rately, and quickly so as to communicate ideas 

16 and deepen comprehension, in ways that fit 

17 purpose, audience, occasion, discipline, and for18 mat; adhere to conventions of spelling and 

19 punctuation; and benefit from revision so as to 

20 improve clarity, coherence, logical development, 

21 and the precise use of language.’’; 

22 (9) in paragraph (9)— 

23 (A) in the paragraph heading, by striking 

24 ‘‘SERVICES’’ and inserting ‘‘ACTIVITIES’’; 


smartinez on DSK6TPTVN1PROD with BILLS
240 

•HR 4227 IH

1 (B) in the matter preceding subparagraph 

2 (A)— 

3 (i) by striking ‘‘services’’ both places 

4 it appears and inserting ‘‘activities’’; and 

5 (ii) by striking ‘‘changes in a family’’ 

6 and inserting ‘‘improvements in the eco7 nomic prospects for a family and that bet8 ter enable parents to support their chil9 dren’s learning needs’’; 

10 (C) by striking subparagraph (C) and re11 designating subparagraphs (A) and (B) as sub12 paragraphs (B) and (C), respectively; and 

13 (D) by inserting before subparagraph (B) 

14 (as so redesignated) the following: 

15 ‘‘(A) Parent adult education and literacy 

16 activities that lead to readiness for the attain17 ment of a secondary school diploma or its rec18 ognized equivalent postsecondary education or 

19 training, employment, career advancement, and 

20 economic self-sufficiency.’’; 

21 (10) by inserting after paragraph (10) (as so 

22 redesignated) the following: 

23 ‘‘(11) INTEGRATED EDUCATION AND TRAIN24 ING.—The term ‘integrated education and training’ 

25 means services that provide adult education and litVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
241 

•HR 4227 IH

1 eracy activities contextually and concurrently with 

2 workforce preparation activities and workforce train3 ing for a specific occupation or occupational cluster. 

4 Such services may include offering adult education 

5 services concurrent with credit-bearing postsec6 ondary education and training, including through co7 instruction. 

8 ‘‘(12) INTEGRATED ENGLISH LITERACY AND

9 CIVICS EDUCATION.—The term ‘integrated English 

10 literacy and civics education’ means an integrated 

11 program of educational services for immigrant and 

12 other limited English proficient adults, including im13 migrant professionals with degrees and credentials 

14 in their native countries, that enables them to 

15 achieve competency in the English language and ac16 quire the basic and more advanced skills needed to 

17 function effectively as parents, workers, and citizens. 

18 Such programs shall include instruction in literacy 

19 and English language acquisition and instruction on 

20 the rights and responsibilities of citizenship and civic 

21 participation, and may include workforce training.’’; 

22 (11) by amending paragraph (15) (as so redes23 ignated) to read as follows: 

24 ‘‘(15) WORKPLACE ADULT EDUCATION AND

25 LITERACY ACTIVITIES.—The term ‘workplace adult 


smartinez on DSK6TPTVN1PROD with BILLS
242 

•HR 4227 IH

1 education and literacy activities’ means adult edu2 cation and literacy activities offered by an eligible 

3 provider in collaboration with an employer or em4 ployee organization at a workplace or an off-site lo5 cation that is designed to improve the productivity 

6 of the workforce.’’; and 

7 (12) by adding at the end the following: 

8 ‘‘(16) WORKFORCE PREPARATION ACTIVI9 TIES.—The term ‘workforce preparation activities’ 

10 means activities, programs, or services designed to 

11 help an individual acquire a combination of basic 

12 academic skills, critical thinking skills, and self-man13 agement skills, including competencies in utilizing 

14 resources, using information, working with others, 

15 understanding systems, working with technology, 

16 and skills necessary for successful transition into 

17 and completion of postsecondary education or train18 ing, or employment.’’. 

19 (c) HOME SCHOOLS.—Section 204 is amended— 

20 (1) by inserting ‘‘whether a home school is 

21 treated as a home school or a private school under 

22 State law,’’ after ‘‘home schools,’’; and 

23 (2) by striking ‘‘an English literacy program’’ 

24 and all that follows and inserting ‘‘adult education 

25 and literacy activities.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
243 

•HR 4227 IH

1 (d) RULE OF CONSTRUCTION.—Title II is further 

2 amended by redesignating section 205 as section 206 and 

3 inserting after section 204 the following: 

4 ‘‘SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSEC5 ONDARY TRANSITION AND CONCURRENT EN6 ROLLMENT ACTIVITIES. 

7 ‘‘Nothing in this title shall be construed to prohibit 

8 or discourage the use of funds provided under this title 

9 for adult education and literacy activities that help eligible 

10 individuals transition to and succeed in postsecondary 

11 education, including credit-bearing coursework, and train12 ing or employment, or for concurrent enrollment activi13 ties.’’. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 206 (as so redesignated) is amended— 

16 (1) by inserting ‘‘$1,100,000,000 for fiscal year 

17 2013 and’’ after ‘‘to carry out this title’’; and 

18 (2) by striking ‘‘of the fiscal years 1999 

19 through 2003’’ and inserting ‘‘succeeding fiscal 

20 year’’. 

21 (f) TECHNICAL AMENDMENT.—Title II is further 

22 amended— 

23 (1) by striking subtitle B; 

24 (2) by striking the subtitle A designation; and 


smartinez on DSK6TPTVN1PROD with BILLS
244 

•HR 4227 IH

1 (3) by redesignating chapters 1 through 4 as 

2 subtitles A through D, respectively. 

3 SEC. 202. AMENDMENTS TO SUBTITLE A. 

4 (a) RESERVATION OF FUNDS, ELIGIBLE AGENCIES, 

5 ALLOTMENTS.—Section 211 is amended— 

6 (1) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) RESERVATION OF FUNDS.—From the sum ap9 propriated under section 206 for a fiscal year, the Sec10 retary— 

11 ‘‘(1) shall reserve $250,000,000 to carry out 

12 section 242(c)(1)(E); 

13 ‘‘(2) shall reserve 1.5 percent to carry out the 

14 remainder of section 242, except that the amount so 

15 reserved shall not exceed $15,000,000; 

16 ‘‘(3) shall reserve 1.5 percent to carry out sec17 tion 243, except that the amount so reserved shall 

18 not exceed $12,000,000; and 

19 ‘‘(4) shall reserve 12 percent of the amount 

20 that remains after reserving funds under paragraphs 

21 (1) and (2) to carry out section 244.’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘section 205’’ and insert24 ing ‘‘section 206’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
245 

•HR 4227 IH

1 (B) by striking ‘‘section 224’’ and insert2 ing ‘‘section 112 or a State unified plan ap3 proved under section 113’’; and 

4 (3) in subsection (c)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘section 205’’ and in7 serting ‘‘section 206’’; 

8 (ii) by striking ‘‘section 224’’ and in9 serting ‘‘section 112 or a State unified 

10 plan approved under section 113’’; and 

11 (iii) in subparagraph (A)— 

12 (I) by striking ‘‘$100,000’’ and 

13 inserting ‘‘$250,000’’; and 

14 (II) by inserting ‘‘except as pro15 vided in subsection (e)’’ after ‘‘out16 lying area’’; and 

17 (iv) in subparagraph (B), by striking 

18 ‘‘$250,000’’ and inserting ‘‘$350,000’’; 

19 and 

20 (B) in paragraph (2), by striking ‘‘section 

21 205’’ and inserting ‘‘section 206’’; 

22 (4) by amending subsection (f) to read as fol23 lows: 

24 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 


smartinez on DSK6TPTVN1PROD with BILLS
246 

•HR 4227 IH

1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (c), for fiscal year 2011 and each succeeding fiscal 

3 year, no eligible agency shall receive an allotment 

4 under this section that is less than 90 percent of the 

5 allotment the eligible agency received for the pre6 ceding fiscal year under this section. 

7 ‘‘(2) 100 PERCENT ALLOTMENT.—Notwith8 standing paragraph (1) of subsection (e), for a fiscal 

9 year for which an eligible agency receives only an 

10 initial allotment under subsection (c)(1) (and no ad11 ditional allotment under subsection (c)(2)) the eligi12 ble agency shall receive an allotment under this sec13 tion that is equal to 100 percent of the initial allot14 ment under subsection (c)(1). 

15 ‘‘(3) RATABLE REDUCTION.—If for any fiscal 

16 year the amount available for allotment under this 

17 title is insufficient to satisfy the provisions of para18 graphs (1) and (2), the Secretary shall ratably re19 duce the payments to all eligible agencies, as nec20 essary.’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(h) STUDY AND REPORT.— 

23 ‘‘(1) STUDY.—The Comptroller General of the 

24 United States shall conduct a study concerning the 


smartinez on DSK6TPTVN1PROD with BILLS
247 

•HR 4227 IH

1 formula described in this section and, in conducting 

2 the study, shall, at a minimum— 

3 ‘‘(A) examine whether the formula results 

4 in a distribution of funds that sufficiently tar5 gets the entire population of individuals eligible 

6 for adult education and literacy activities under 

7 this title; 

8 ‘‘(B) examine whether the data used to 

9 count qualified adults, for purposes of the for10 mula, accurately identify the population of indi11 viduals eligible for the activities; and 

12 ‘‘(C) develop recommendations, as nec13 essary, for improving the formula so that the 

14 formula results in a distribution of funds that 

15 better serves that population and the data used 

16 to count qualified adults accurately measure 

17 that population. 

18 ‘‘(2) REPORT.—Not later than 3 years after the 

19 date of enactment of the Workforce Investment Act 

20 of 2012, the Comptroller General shall submit to the 

21 Committee on Health, Education, Labor, and Pen22 sions of the Senate and the Committee on Education 

23 and the Workforce of the House of Representatives 

24 a report containing the results of the study de25 scribed in paragraph (1).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
248 

•HR 4227 IH

1 (b) PERFORMANCE ACCOUNTABILITY SYSTEM.—Sec2 tion 212 is amended to read as follows: 

3 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

4 ‘‘Programs and activities authorized in this title are 

5 subject to the performance accountability provisions de6 scribed in section 136. Additional indicators shall include 

7 the following: 

8 ‘‘(1) Demonstrated improvements in literacy 

9 skill levels in reading, writing, and speaking the 

10 English language, numeracy, English language ac11 quisition, and other literacy skills. 

12 ‘‘(2) Receipt of a secondary school diploma or 

13 its equivalent. 

14 ‘‘(3) Attainment of an industry-recognized 

15 workforce readiness credential or other recognized 

16 postsecondary credential, the attainment of which 

17 requires skills below the postsecondary level. 

18 ‘‘(4) Placement in, retention in, or completion 

19 of a postsecondary education or training program.’’. 

20 SEC. 203. AMENDMENTS TO SUBTITLE B. 

21 (a) STATE ADMINISTRATION.—Section 221 is amend22 ed— 

23 (1) in paragraph (1), by striking ‘‘submission, 

24 and implementation of the State plan’’ and inserting 

25 ‘‘implementation, and monitoring of the relevant 


smartinez on DSK6TPTVN1PROD with BILLS
249 

•HR 4227 IH

1 components of the State unified plan in section 112 

2 or the State unified plan in section 113’’. 

3 (b) STATE DISTRIBUTION AND MATCHING REQUIRE4 MENT.—Section 222 is amended— 

5 (1) in subsection (a)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘ this subtitle’’ and inserting ‘‘sec8 tion 211(b)’’; 

9 (B) in paragraph (1)— 

10 (i) by striking ‘‘82.5 percent’’ and in11 serting ‘‘80 percent’’; 

12 (ii) by striking ‘‘10 percent’’ and in13 serting ‘‘not less than 10 percent’’; and 

14 (iii) by striking ‘‘of the 82.5 percent’’; 

15 (C) in paragraph (2), by striking ‘‘12.5 

16 percent’’ and inserting ‘‘15 percent’’; and 

17 (D) in paragraph (3), by striking 

18 ‘‘$65,000’’ and inserting ‘‘$75,000’’; and 

19 (2) in subsection (b)(1), by striking ‘‘equal to— 

20 ’’ and inserting ‘‘that is not less than—’’. 

21 (c) STATE LEADERSHIP ACTIVITIES.—Section 223 is 

22 amended by amending subsection (a) to read as follows: 

23 ‘‘(a) ACTIVITIES.— 

24 ‘‘(1) REQUIRED.—Each eligible agency shall 

25 use funds made available under section 222(a)(2) 


smartinez on DSK6TPTVN1PROD with BILLS
250 

•HR 4227 IH

1 and from other funds available to the State for such 

2 purposes, for the following adult education and lit3 eracy activities to develop or enhance the adult edu4 cation system of the State or outlying area: 

5 ‘‘(A) The alignment of adult education and 

6 literacy activities with other core programs and 

7 one-stop partners, including eligible providers, 

8 to implement the strategy identified in the uni9 fied State plan under section 112 or the State 

10 unified plan under section 113, including the 

11 development of career pathways to provide ac12 cess to employment and training services for in13 dividuals in adult education and literacy activi14 ties. 

15 ‘‘(B) The establishment or operation of 

16 high-quality professional development programs 

17 to improve the instruction provided pursuant to 

18 local activities required under section 231(b), 

19 including instruction incorporating the essential 

20 components of reading, writing, and numeracy 

21 instruction and instruction for English lan22 guage learners as such components relate to 

23 adults, instruction related to the specific needs 

24 of adult learners, instruction provided by volun25 teers or by personnel of a State or outlying 


smartinez on DSK6TPTVN1PROD with BILLS
251 

•HR 4227 IH

1 area, and dissemination of information about 

2 models and promising practices related to such 

3 programs. 

4 ‘‘(C) The provision of technical assistance 

5 to eligible providers of adult education and lit6 eracy activities, including technical assistance 

7 in— 

8 ‘‘(i) the development and dissemina9 tion of instructional and programmatic 

10 practices based on available evidence-based 

11 research, where appropriate, in reading, 

12 writing, speaking, mathematics, English 

13 language acquisition programs, distance 

14 education, and staff training; 

15 ‘‘(ii) the role of eligible providers as a 

16 one-stop partner in providing access to em17 ployment, education, and training services; 

18 ‘‘(iii) the use of technology, including 

19 for staff training, to eligible providers, es20 pecially the use of technology to improve 

21 system efficiencies; 

22 ‘‘(iv) the development of content and 

23 models for career pathways, including inte24 grated education and training, career 


smartinez on DSK6TPTVN1PROD with BILLS
252 

•HR 4227 IH

1 bridge programs or instruction, and post2 secondary transition activities; and 

3 ‘‘(v) the acquisition and implementa4 tion of technology tools, applications, and 

5 other resources that will— 

6 ‘‘(I) help in enhancing or rede7 signing adult education, literacy, and 

8 workplace skills curricula to improve 

9 technology literacy for adult learners; 

10 ‘‘(II) facilitate assessments for 

11 data analysis to enable individualized 

12 instruction; and 

13 ‘‘(III) be employed in profes14 sional development activities. 

15 ‘‘(D) The monitoring and evaluation of the 

16 quality of, and the improvement in, adult edu17 cation and literacy activities and the dissemina18 tion of information about models and proven or 

19 promising practices within the State. 

20 ‘‘(E) The assessment of the quality of the 

21 adult education teacher workforce in the State, 

22 which shall include taking actions to improve 

23 that quality, including by establishing a require24 ment that all paid professionals have at least a 

25 bachelor’s degree and that volunteers be reVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
253 

•HR 4227 IH

1 quired to be supervised or supported by a paid 

2 professional with a bachelor’s degree, and 

3 through such actions as working in partnership 

4 with colleges and universities to improve the 

5 quality of adult education teacher preparation 

6 and increase access to high-quality preparation 

7 programs. 

8 ‘‘(F) The development of rigorous content 

9 standards and aligned assessments for their 

10 adult education programs that reflect accepted 

11 standards for college- and career-readiness that 

12 are aligned with the college- and career-ready 

13 standards the State develops and implements in 

14 compliance with section 14006(d)(4) of the 

15 American Recovery and Reinvestment Act of 

16 2009. 

17 ‘‘(2) PERMISSIBLE ACTIVITIES.—Each eligible 

18 agency may use funds made available under section 

19 222(a)(2) for 1 or more of the following adult edu20 cation and literacy activities: 

21 ‘‘(A) The support of State or regional net22 works of literacy resource centers. 

23 ‘‘(B) The development and implementation 

24 of technology applications, including online and 

25 on-air educational digital content, translation 


smartinez on DSK6TPTVN1PROD with BILLS
254 

•HR 4227 IH

1 technology, or distance education, including 

2 professional development to support the use of 

3 instructional technology. 

4 ‘‘(C) The development and dissemination 

5 of curricula, including curricula incorporating 

6 the essential components of reading instruction 

7 as such components relate to adults. 

8 ‘‘(D) The dissemination of content and 

9 models for integrated education and training 

10 and career pathways, including the provision of 

11 technical assistance to eligible providers in the 

12 State administering such programs. 

13 ‘‘(E) The provision of assistance to eligible 

14 providers in developing and implementing pro15 grams that achieve the objectives of this title 

16 and in measuring the progress of those pro17 grams in achieving such objectives, including 

18 meeting the State adjusted levels of perform19 ance described in section 136(b)(3). 

20 ‘‘(F) The provision of assistance to eligible 

21 providers in the development of new data man22 agement systems required by the performance 

23 accountability system described in section 

24 136(b). 


smartinez on DSK6TPTVN1PROD with BILLS
255 

•HR 4227 IH

1 ‘‘(G) The development and implementation 

2 of a system to assist in the transition from 

3 adult education to postsecondary education, in4 cluding linkages with postsecondary educational 

5 institutions or institutions of higher education. 

6 ‘‘(H) The integration of literacy and 

7 English language instruction with occupational 

8 skill training, including promoting linkages with 

9 employers. 

10 ‘‘(I) Activities to promote workplace adult 

11 education and literacy activities. 

12 ‘‘(J) Activities to promote and complement 

13 local outreach initiatives described in section 

14 243(b)(3)(G). 

15 ‘‘(K) In cooperation with efforts funded 

16 under sections 242 and 243, development and 

17 piloting of— 

18 ‘‘(i) promising and proven assessment 

19 tools and strategies that— 

20 ‘‘(I) are based on evidence-based 

21 research, where available and appro22 priate; and 

23 ‘‘(II) identify the needs and cap24 ture the gains of students at all levels, 

25 with particular emphasis on— 


smartinez on DSK6TPTVN1PROD with BILLS
256 

•HR 4227 IH

1 ‘‘(aa) students at the lowest 

2 achievement level; 

3 ‘‘(bb) students who are 

4 English language learners; and 

5 ‘‘(cc) adults with learning 

6 disabilities; 

7 ‘‘(ii) strategies for improving teacher 

8 quality and retention; 

9 ‘‘(iii) assistance in converting evi10 dence-based research into practice; and 

11 ‘‘(iv) strategies in the use of tech12 nology, including online and on-air edu13 cational digital content to improve tech14 nology literacy for adult learners. 

15 ‘‘(L) The development and implementation 

16 of programs and services to meet the needs of 

17 adult learners with learning disabilities who are 

18 English language learners. 

19 ‘‘(M) Family literacy activities that pro20 mote adult education and help parents become 

21 their child’s first teacher. 

22 ‘‘(N) Support for recruitment and outreach 

23 for instructors, students, and employers. 

24 ‘‘(O) Other activities of statewide signifi25 cance that promote the purpose of this title. 


smartinez on DSK6TPTVN1PROD with BILLS
257 

•HR 4227 IH

1 ‘‘(3) DIGITAL LEARNING.—Each eligible agency 

2 may reserve up to 10 percent of the funds made 

3 available under section (222)(a)(2) for grants to an 

4 entity that owns and operates a television public 

5 broadcast station, as defined in section 397(6) of the 

6 Communications Act of 1934 (47 U.S.C. 397(6)) 

7 (including a partnership of such entities), in part8 nership with an eligible agency, State Board de9 scribed in section 111, or institution of higher edu10 cation to develop, disseminate, and provide online 

11 and on-air education and training services for 

12 adults, including: 

13 ‘‘(A) the development, training and use of 

14 innovative, high-quality tools, products, and 

15 educational digital content and services for— 

16 ‘‘(i) adult education and literacy, 

17 GED preparation, workforce training, and 

18 related outreach (including community and 

19 family) services; 

20 ‘‘(ii) professional development; and 

21 ‘‘(iii) English language education and 

22 services for non-English speakers; 

23 ‘‘(B) the development and implementation 

24 of technology applications, including online and 

25 on-air education digital content, translation 


smartinez on DSK6TPTVN1PROD with BILLS
258 

•HR 4227 IH

1 technology, or distance education, including 

2 professional development to support the use of 

3 instructional technology; and 

4 ‘‘(C) developing and piloting strategies in 

5 the use of technology through online and on-air 

6 educational digital content, including to improve 

7 technology literacy for adult learners.’’. 

8 (d) STATE PLAN.—Section 224 is amended to read 

9 as follows: 

10 ‘‘SEC. 224. STATE PLAN. 

11 ‘‘Each State desiring to receive funds under this title 

12 for any fiscal year shall submit and have approved by the 

13 Secretary and the Secretary of Labor a State plan in ac14 cordance with section 112 or a State unified plan in ac15 cordance with section 113.’’. 

16 (e) PROGRAMS FOR CORRECTIONS EDUCATION AND

17 OTHER INSTITUTIONALIZED INDIVIDUALS.—Section 225 

18 is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by striking ‘‘basic 

21 education’’ and inserting ‘‘adult education and 

22 literacy activities’’; 

23 (B) in paragraph (2), by striking ‘‘edu24 cation programs’’ and inserting ‘‘education,’’; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
259 

•HR 4227 IH

1 (C) by striking paragraphs (3) and (4) and 

2 inserting the following: 

3 ‘‘(3) secondary school credit; 

4 ‘‘(4) integrated education and training; 

5 ‘‘(5) career pathways; 

6 ‘‘(6) concurrent enrollment; 

7 ‘‘(7) postsecondary correctional education 

8 linked to employment; 

9 ‘‘(8) peer tutoring; and 

10 ‘‘(9) transition to re-entry initiatives and other 

11 post-release services with the goal of reducing recidi12 vism.’’; and 

13 (2) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) REPORT.—In addition to any report required 

16 under section 136, each eligible agency that receives as17 sistance provided under this section shall annually prepare 

18 and submit to the Secretary a report on the progress, as 

19 described in section 136, of the eligible agency with re20 spect to the programs and activities carried out under this 

21 section, including the rate of recidivism for the criminal 

22 offenders served. 

23 ‘‘(e) DEFINITIONS.—In this section: 

24 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

25 ‘correctional institution’ means any— 


smartinez on DSK6TPTVN1PROD with BILLS
260 

•HR 4227 IH

1 ‘‘(A) prison; 

2 ‘‘(B) jail; 

3 ‘‘(C) reformatory; 

4 ‘‘(D) work farm; 

5 ‘‘(E) detention center; or 

6 ‘‘(F) halfway house, community-based re7 habilitation center, or any other similar institu8 tion designed for the confinement or rehabilita9 tion of criminal offenders. 

10 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi11 nal offender’ means any individual who is charged 

12 with or convicted of any criminal offense.’’. 

13 SEC. 204. AMENDMENTS TO SUBTITLE C. 

14 (a) GRANTS AND CONTRACTS FOR ELIGIBLE PRO15 VIDERS.—Section 231 is amended— 

16 (1) in subsection (b), by striking ‘‘one or more 

17 programs that provide’’ and all that follows and in18 serting ‘‘programs that provide adult education and 

19 literacy activities, programs that provide such activi20 ties concurrently with postsecondary education or 

21 training or employment activities, and credit-bearing 

22 postsecondary coursework.’’; 

23 (2) in subsection (c)— 

24 (A) by striking ‘‘Each eligible’’ and insert25 ing: 


smartinez on DSK6TPTVN1PROD with BILLS
261 

•HR 4227 IH

1 ‘‘(1) IN GENERAL.—Each eligible’’; 

2 (B) by redesignating paragraphs (1) and 

3 (2) as subparagraphs (A) and (B), respectively, 

4 and moving such subparagraphs 2 ems to the 

5 right; 

6 (C) in subparagraph (A) (as so redesig7 nated), by inserting ‘‘and compete’’ after 

8 ‘‘apply’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(2) GAO STUDY.—Not later than the second 

11 program year following the date of enactment of the 

12 Workforce Investment Act of 2012, the Comptroller 

13 General shall conduct a study to determine how the 

14 provisions of paragraph (1) have been implemented 

15 and whether such provisions accomplished the pur16 poses of such paragraph.’’; 

17 (3) in subsection (d)— 

18 (A) by striking ‘‘section 203(1)’’ and in19 serting ‘‘section 203(4)’’; and 

20 (B) by striking ‘‘other than adult edu21 cation activities’’ and inserting ‘‘other than ac22 tivities for eligible individuals’’; and 

23 (4) in subsection (e)— 


smartinez on DSK6TPTVN1PROD with BILLS
262 

•HR 4227 IH

1 (A) in paragraph (1), by striking ‘‘will es2 tablish measurable goals for participant out3 comes’’ and insert ‘‘would be responsive to— 

4 ‘‘(A) regional needs as identified in the 

5 local plan under section 118; and 

6 ‘‘(B) serving individuals in the community 

7 who were identified in such plan as most in 

8 need of adult education and literacy activities, 

9 including individuals— 

10 ‘‘(i) who have low levels of literacy 

11 skills; 

12 ‘‘(ii) who have learning disabilities; or 

13 ‘‘(iii) who are English language learn14 ers;’’; 

15 (B) by amending paragraphs (2) through 

16 (8) to read as follows: 

17 ‘‘(2) capacity, including past effectiveness in 

18 improving the English language, reading, and 

19 mathematic skills of eligible individuals of the eligi20 ble provider, to meet and exceed State-adjusted lev21 els of performance for the primary indicators of per22 formance described in section 136 for eligible indi23 viduals, especially with respect to eligible individuals 

24 who have low levels of literacy; 


smartinez on DSK6TPTVN1PROD with BILLS
263 

•HR 4227 IH

1 ‘‘(3) the extent to which the eligible provider 

2 demonstrates alignment between proposed activities 

3 and services and the strategy and goals of the local 

4 plan under section 118, as well as with the activities 

5 and services of the one-stop partners; 

6 ‘‘(4) whether the eligible provider’s program 

7 uses instructional practices that include the essential 

8 components of reading instruction; 

9 ‘‘(5) whether the eligible provider’s activities 

10 are built on a strong foundation of evidence-based 

11 research on available and effective educational prac12 tices; 

13 ‘‘(6) whether the eligible provider’s activities ef14 fectively employ advances in technology and delivery 

15 systems, including distance education; 

16 ‘‘(7) whether the eligible provider’s activities 

17 provide learning in context, including through inte18 grated education and training, so that an individual 

19 acquires the skills needed to transition to and suc20 cess in completing postsecondary education and 

21 training programs, obtain and advance in employ22 ment leading to economic self-sufficiency, and exer23 cise the rights and responsibilities of citizenship; 

24 ‘‘(8) whether the eligible provider’s activities 

25 are delivered by instructors, counselors, and adminVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
264 

•HR 4227 IH

1 istrators who meet minimum qualifications estab2 lished by the State, and who have access to profes3 sional development, including through electronic 

4 means;’’; 

5 (C) in paragraph (9)— 

6 (i) by inserting ‘‘eligible provider’s’’ 

7 after ‘‘whether the’’; 

8 (ii) by inserting ‘‘education, training, 

9 and social service’’ after ‘‘other available’’; 

10 (iii) by inserting ‘‘local workforce in11 vestment boards,’’ after ‘‘postsecondary 

12 educational institutions,’’; and 

13 (iv) by inserting ‘‘, business, industry, 

14 labor organizations, community-based or15 ganizations, nonprofit organizations, and 

16 intermediaries, for the development of ca17 reer pathways’’ before the semicolon; 

18 (D) in paragraph (10)— 

19 (i) by inserting ‘‘eligible provider’s’’ 

20 after ‘‘whether the’’; 

21 (ii) by inserting ‘‘coordination with 

22 Federal, State, and local’’ after ‘‘schedules 

23 and’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
265 

•HR 4227 IH

1 (iii) by striking ‘‘and transportation’’ 

2 and inserting ‘‘transportation, mental 

3 health services, and career planning’’; and 

4 (E) by striking paragraphs (11) and (12) 

5 and inserting the following: 

6 ‘‘(11) the capacity of the eligible provider to 

7 provide integrated education and training; 

8 ‘‘(12) whether the eligible provider maintains 

9 an information management system that has the ca10 pacity to report measurable participant outcomes 

11 (consistent with section 136) and monitor program 

12 performance; 

13 ‘‘(13) the capacity of the eligible provider to 

14 offer or connect individuals with career pathways 

15 that will lead to economic self-sufficiency; 

16 ‘‘(14) whether the local areas in which the eligi17 ble provider is located have demonstrated need for 

18 additional English language acquisition programs, 

19 integrated English literacy, and civics education pro20 grams; and 

21 ‘‘(15) the capacity of the eligible provider to 

22 serve eligible individuals with disabilities, including 

23 individuals with learning disabilities.’’. 

24 (b) LOCAL APPLICATION.—Section 232 is amend25 ed— 


smartinez on DSK6TPTVN1PROD with BILLS
266 

•HR 4227 IH

1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘under this subtitle’’ and inserting ‘‘from 

3 an eligible agency’’; 

4 (2) in paragraph (1), by striking ‘‘; and’’ and 

5 inserting ‘‘consistent with the requirements of this 

6 title;’’; and 

7 (3) by striking the period at the end of para8 graph (2) and inserting a semicolon, and after such 

9 paragraph inserting the following: 

10 ‘‘(3) a description of how the eligible provider 

11 will provide services in alignment with the local plan 

12 under section 118, including how such provider will 

13 promote concurrent enrollment in programs and ac14 tivities under titles I and II, as appropriate, to assist 

15 eligible individuals in accessing and succeeding in 

16 postsecondary education and job training services 

17 and how such provider will promote access to career 

18 pathways; 

19 ‘‘(4) a description of how the eligible provider 

20 will meet the State adjusted levels of performance 

21 described in section 136(b)(3), including how such 

22 provider will collect data to report on such perform23 ance indicators; 


smartinez on DSK6TPTVN1PROD with BILLS
267 

•HR 4227 IH

1 ‘‘(5) a description of how the eligible provider 

2 will fulfill one-stop partner responsibilities as de3 scribed in section 121(b)(1)(A), as appropriate; 

4 ‘‘(6) a description of how the eligible provider 

5 will provide services in a manner that meets the 

6 needs of eligible individuals; and 

7 ‘‘(7) information that addresses the consider8 ations described under section 231(e), as applica9 ble.’’. 

10 (c) LOCAL ADMINISTRATIVE COST LIMITS.—Section 

11 233 is amended— 

12 (1) in subsection (a)(2), by striking ‘‘personnel 

13 development and interagency coordination’’ and in14 serting ‘‘(including carrying out the requirements of 

15 section 136), professional development, and the ac16 tivities described in paragraphs (3) and (5) of sec17 tion 232’’; and 

18 (2) in subsection (b), by striking ‘‘adequate 

19 planning, administration, personnel development, 

20 and interagency coordination’’ and inserting ‘‘the eli21 gible provider to carry out the activities described in 

22 subsection (a)(2)’’. 

23 SEC. 205. AMENDMENTS TO SUBTITLE D. 

24 (a) ADMINISTRATIVE PROVISIONS.—Section 241(b) 

25 is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
268 

•HR 4227 IH

1 (1) in paragraph (1)(A), by striking ‘‘adult edu2 cation and literacy activities’’ and inserting ‘‘activi3 ties under this title’’; and 

4 (2) in paragraph (4), by striking ‘‘1 fiscal year 

5 only’’ and inserting ‘‘not more than 1 fiscal year’’. 

6 (b) NATIONAL INSTITUTE FOR ADULT EDUCATION

7 AND LITERACY.—Section 242 is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by inserting ‘‘Adult Education and’’ after ‘‘In11 stitute for’’; 

12 (B) in paragraph (1), by striking ‘‘lit13 eracy’’ and inserting ‘‘effective adult education 

14 and literacy activities for adults and families, 

15 including the identification of research topics’’; 

16 (C) by redesignating paragraphs (2) and 

17 (3) as paragraphs (3) and (4), respectively, and 

18 inserting after paragraph (1) the following: 

19 ‘‘(2) supports the development and replication 

20 of promising and proven approaches to adult edu21 cation and literacy activities and programs of dem22 onstrated effectiveness;’’; 

23 (D) in paragraph (3) (as so redesignated), 

24 by striking ‘‘literacy’’ and inserting ‘‘and disVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
269 

•HR 4227 IH

1 seminates information on adult education and 

2 literacy activities,’’; and 

3 (E) in paragraph (4) (as so redesignated), 

4 by striking ‘‘programs by—’’ and all that fol5 lows through subparagraph (A) and inserting 

6 ‘‘activities by— 

7 ‘‘(A) providing advice on the efforts of the 

8 Department of Education, Department of 

9 Labor, and the Department of Health and 

10 Human Services and other relevant agencies to 

11 achieve the goals of adult education and literacy 

12 programs and programs consistent with title I, 

13 within and across such agencies; 

14 ‘‘(B) coordinating and participating in the 

15 Federal effort to identify, produce, and dissemi16 nate information on adult education and lit17 eracy activities that are derived from available 

18 evidence-based research and effective programs 

19 that serve adults and families, including individ20 uals with learning disabilities; and 

21 ‘‘(C) providing current information annu22 ally on effective practices and research in adult 

23 education and literacy activities to the Com24 mittee on Health, Education, Labor, and Pen25 sions of the Senate and the Committee on EduVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
270 

•HR 4227 IH

1 cation and the Workforce of the House of Rep2 resentatives, and the relevant Federal agen3 cies.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by inserting ‘‘Adult 

6 Education and’’ after ‘‘Institute for’’; and 

7 (B) in paragraph (2), by striking ‘‘sepa8 rate’’ and inserting ‘‘independent’’; 

9 (3) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) DUTIES.— 

12 ‘‘(1) IN GENERAL.—In order to reinforce and 

13 support the alignment of activities and programs 

14 consistent with provisions under title I, the Institute 

15 is authorized— 

16 ‘‘(A) to maintain a national electronic 

17 database of information that disseminates infor18 mation to the broadest possible audience within 

19 the adult education and literacy field, and that 

20 includes— 

21 ‘‘(i) best practices and research re22 garding the provision of adult education 

23 and literacy activities, including instruction 

24 in the essential components of reading in25 struction, integrated education and trainVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
271 

•HR 4227 IH

1 ing, and the integration of English literacy 

2 and civics education; 

3 ‘‘(ii) public and private adult edu4 cation and literacy activities and programs, 

5 and Federal, State, and local policies, af6 fecting the provision of adult education 

7 and literacy activities at the national, 

8 State, and local levels; 

9 ‘‘(iii) opportunities for technical as10 sistance, meetings, conferences, and other 

11 opportunities that lead to the improvement 

12 of adult education and literacy activities; 

13 ‘‘(iv) a list of eligible providers; and 

14 ‘‘(v) best practices in reading re15 search, numeracy instruction, and service 

16 to English language learners; 

17 ‘‘(B) to coordinate the support of prom18 ising and proven research, as defined by the In19 stitute of Education Sciences, and development 

20 on adult education and literacy activities for 

21 adults and for employers across Federal agen22 cies, and to carry out basic and applied re23 search and development on topics that are not 

24 being investigated by other organizations or 


smartinez on DSK6TPTVN1PROD with BILLS
272 

•HR 4227 IH

1 agencies, such as the special literacy needs of 

2 individuals with learning disabilities; 

3 ‘‘(C) to provide policy and technical assist4 ance to Federal, State, and local entities for the 

5 improvement of policy and programs relating to 

6 adult education and literacy activities; 

7 ‘‘(D) to fund a network of State or re8 gional adult education and literacy resource 

9 centers to assist State eligible agencies, eligible 

10 providers, and private nonprofit efforts to im11 prove adult education and literacy activities 

12 by— 

13 ‘‘(i) encouraging the coordination of 

14 adult education and literacy activities; 

15 ‘‘(ii) enhancing the capacity of State 

16 eligible agencies and eligible providers to 

17 deliver adult education and literacy activi18 ties; and 

19 ‘‘(iii) serving as a link between the In20 stitute and eligible providers of adult edu21 cation and literacy activities for the pur22 pose of sharing information, data, re23 search, expertise, and literacy resources, 

24 and for soliciting research needs; 


smartinez on DSK6TPTVN1PROD with BILLS
273 

•HR 4227 IH

1 ‘‘(E) to establish and maintain a national 

2 adult learning and technology resource center 

3 to— 

4 ‘‘(i) develop frameworks for tech5 nology-based learning and professional de6 velopment materials for adult education, 

7 literacy, and workplace skills; 

8 ‘‘(ii) support distance education for 

9 professional development for eligible enti10 ties and eligible providers of adult edu11 cation, literacy, and workplace skills serv12 ices; 

13 ‘‘(iii) coordinate and share informa14 tion on the innovative uses of technology, 

15 such as the use of assistive technology to 

16 deliver digital content to adult learners; 

17 and 

18 ‘‘(iv) be accessible to the public 

19 through the website of the center; 

20 ‘‘(F) to advise Congress and Federal de21 partments and agencies regarding the develop22 ment of policy with respect to adult education 

23 and literacy activities; 

24 ‘‘(G) to undertake other activities that lead 

25 to the improvement of the Nation’s adult eduVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
274 

•HR 4227 IH

1 cation and literacy delivery system and that 

2 complement other such efforts being undertaken 

3 by public and private agencies and organiza4 tions, including activities that relate to the ac5 quisition of skills in reading, writing, English 

6 language acquisition, and mathematics; 

7 ‘‘(H) to assist States that are pursuing the 

8 implementation of standards-based educational 

9 improvements and related standards-based as10 sessment instruments for eligible providers 

11 through the dissemination of training, technical 

12 assistance, and related support; and 

13 ‘‘(I) to develop and disseminate best prac14 tices on the education, training, professional de15 velopment, certification, and credentialing of 

16 adult education instructors, including how the 

17 use of technology can contribute to such efforts. 

18 ‘‘(2) GRANTS, CONTRACTS, AND COOPERATIVE

19 AGREEMENTS.—The Institute may award competi20 tive grants to, or enter into contracts or cooperative 

21 agreements with, individuals, public or private insti22 tutions, agencies, organizations, or consortia of such 

23 institutions, agencies, or organizations to carry out 

24 the activities of the Institute. 


smartinez on DSK6TPTVN1PROD with BILLS
275 

•HR 4227 IH

1 ‘‘(3) COORDINATION.—In identifying and sup2 porting promising and proven research the Institute 

3 shall use standards for research quality that are con4 sistent with those of the Institute of Education 

5 Sciences.’’; 

6 (4) in subsection (d)(1), by striking ‘‘research, 

7 or innovation’’ and inserting ‘‘or research’’; 

8 (5) in subsection (e)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘ADULT EDUCATION AND’’ after ‘‘INSTITUTE

11 FOR’’; 

12 (B) in paragraph (1)— 

13 (i) in subparagraph (A), by inserting 

14 ‘‘Adult Education and’’ after ‘‘Institute 

15 for’’; 

16 (ii) in subparagraph (B)(i)— 

17 (I) by inserting ‘‘adult education 

18 and’’ after ‘‘organizations and pro19 viders of’’; and 

20 (II) by striking ‘‘English lit21 eracy’’ and inserting ‘‘English lan22 guage acquisition’’; 

23 (iii) in subparagraph (B)(ii), by strik24 ing ‘‘literacy programs’’ and inserting ‘‘or 

25 have participated in or partnered with 


smartinez on DSK6TPTVN1PROD with BILLS
276 

•HR 4227 IH

1 workplace adult education and literacy ac2 tivities’’; 

3 (iv) in subparagraph (B)(iii), by strik4 ing ‘‘literacy’’ both places it appears and 

5 inserting ‘‘adult education and literacy’’; 

6 (v) in subparagraph (B)(iv), by insert7 ing ‘‘adult education and literacy research, 

8 including adult’’ after ‘‘area of’’; 

9 (vi) in subparagraph (B)(vi), by strik10 ing ‘‘and’’; 

11 (vii) in subparagraph (B)(vii), by 

12 striking the period and inserting ‘‘; and’’; 

13 and 

14 (viii) by adding at the end the fol15 lowing: 

16 ‘‘(viii) institutions of higher education 

17 or postsecondary educational institutions.’’; 

18 (C) in paragraph (2)— 

19 (i) in subparagraph (B), by striking 

20 ‘‘and’’; 

21 (ii) in subparagraph (C), by striking 

22 the period at the end and inserting ‘‘; 

23 and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
277 

•HR 4227 IH

1 ‘‘(D) review the biennial report submitted 

2 to Congress pursuant to subsection (k).’’; and 

3 (D) in paragraph (5)— 

4 (i) by striking ‘‘Any’’ and inserting 

5 ‘‘A’’; and 

6 (ii) by inserting ‘‘at a meeting for 

7 which there is a quorum’’ before the pe8 riod; 

9 (6) in subsection (k)— 

10 (A) in the matter preceding paragraph 

11 (1)— 

12 (i) by striking ‘‘The’’ and inserting 

13 ‘‘Not later than 1 year after the date of 

14 enactment of the Workforce Investment 

15 Act of 2012, and biennially thereafter, 

16 the’’; and 

17 (ii) by striking ‘‘Committee on Labor 

18 and Human Resources of the Senate’’ and 

19 inserting ‘‘Committee on Health, Edu20 cation, Labor and Pensions of the Senate 

21 and the relevant agencies’’; 

22 (B) in paragraph (1), by inserting ‘‘adult 

23 education and’’ after ‘‘field of’’; and 

24 (C) in paragraph (2), by striking ‘‘adult 

25 education and’’ after ‘‘goals of the’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
278 

•HR 4227 IH

1 (7) by adding at the end the following: 

2 ‘‘(m) NATIONAL INSTITUTE FOR LITERACY.—Any 

3 reference in any other Federal law, Executive order, rule, 

4 regulation, or delegation of authority, or any document of 

5 or pertaining to— 

6 ‘‘(1) the head of the National Institute for Lit7 eracy shall be treated as a reference to the head of 

8 the National Institute for Adult Education and Lit9 eracy; and 

10 ‘‘(2) the National Institute for Literacy shall be 

11 treated as a reference to the National Institute for 

12 Adult Education and Literacy.’’. 

13 (c) NATIONAL LEADERSHIP ACTIVITIES.—Section 

14 243 is amended— 

15 (1) in the matter preceding paragraph (1)— 

16 (A) by striking ‘‘The Secretary’’ and in17 serting: 

18 ‘‘(a) IN GENERAL.—The Secretary’’; 

19 (B) by inserting ‘‘and outcomes’’ after 

20 ‘‘the quality’’; 

21 (C) by striking ‘‘programs’’ and inserting 

22 ‘‘activities and programs’’; and 

23 (D) by striking ‘‘Such activities may in24 clude the following:’’ and inserting: 


smartinez on DSK6TPTVN1PROD with BILLS
279 

•HR 4227 IH

1 ‘‘(b) ALLOWABLE ACTIVITIES.—The national leader2 ship activities described in subsection (a) may include the 

3 following:’’; 

4 (2) in paragraph (1)— 

5 (A) by redesignating subparagraphs (A) 

6 through (C) as subparagraphs (B) through (D), 

7 respectively and inserting before subparagraph 

8 (B) (as so redesignated) the following: 

9 ‘‘(A) assistance to help States meet the re10 quirements of section 136;’’; 

11 (B) in subparagraph (B) (as so redesig12 nated)— 

13 (i) by striking ‘‘developing and using 

14 performance measures’’ and inserting 

15 ‘‘using performance accountability meas16 ures based on indicators described in sec17 tion 136, and data systems’’; and 

18 (ii) by striking ‘‘, including family lit19 eracy services’’; 

20 (C) in subparagraph (C) (as so redesig21 nated), by striking ‘‘including family literacy 

22 services’’ and all that follows and inserting 

23 ‘‘utilizing evidence-based research where avail24 able;’’; 


smartinez on DSK6TPTVN1PROD with BILLS
280 

•HR 4227 IH

1 (D) in subparagraph (D) (as so redesig2 nated)— 

3 (i) by striking ‘‘learning’’ and insert4 ing ‘‘education’’; and 

5 (ii) by striking the period and insert6 ing the following: ‘‘, including through the 

7 use of instructional models that blend in8 person and online instruction; and’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(E) assistance in the development and 

11 dissemination of promising and proven models 

12 for addressing the digital literacy needs of 

13 adults, including older adults.’’; 

14 (3) by redesignating paragraph (2) as para15 graph (3), and inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) A program of grants, contracts, or cooper18 ative agreements awarded on a competitive basis to 

19 national, regional, or local networks of private non20 profit organizations, public libraries, or institutions 

21 of higher education to build the capacity of such net22 works’ members to— 

23 ‘‘(A) meet the performance requirements, 

24 described in section 136, of eligible providers 

25 under this title; and 


smartinez on DSK6TPTVN1PROD with BILLS
281 

•HR 4227 IH

1 ‘‘(B) involve eligible individuals in program 

2 improvement.’’; and 

3 (4) in paragraph (3) (as so redesignated)— 

4 (A) in the matter preceding subparagraph 

5 (A), by inserting ‘‘institutions of higher edu6 cation,’’ after ‘‘postsecondary educational insti7 tutions,’’; 

8 (B) in subparagraph (A), by striking ‘‘pho9 nemic awareness’’ and all that follows through 

10 ‘‘reading comprehension’’ and inserting ‘‘the es11 sential components of reading instruction’’; 

12 (C) in subparagraph (B), by striking ‘‘, in13 cluding family literacy services’’; 

14 (D) in subparagraph (C), by striking ‘‘re15 search, such as’’ and inserting: ‘‘research, in16 cluding evidence-based research where available, 

17 on national literacy basic skill acquisition for 

18 adult learning, including’’; 

19 (E) in subparagraph (D)— 

20 (i) in clause (i), by striking the semi21 colon and inserting ‘‘, which may include 

22 programs that— 

23 ‘‘(I) accelerate learning outcomes 

24 for eligible individuals with the lowest 

25 literacy levels; 


smartinez on DSK6TPTVN1PROD with BILLS
282 

•HR 4227 IH

1 ‘‘(II) promote career pathways 

2 for eligible individuals; 

3 ‘‘(III) promote concurrent enroll4 ment programs in adult education and 

5 credit bearing postsecondary 

6 coursework; and 

7 ‘‘(IV) develop high-quality profes8 sional development activities for eligi9 ble providers;’’; and 

10 (ii) in clause (ii), by striking ‘‘such as 

11 the development’’ and all that follows and 

12 inserting ‘‘such as— 

13 ‘‘(I) programs for skill certifi14 cation; 

15 ‘‘(II) the identification of effec16 tive strategies for working with adults 

17 with learning disabilities and with 

18 adults who are English language 

19 learners; 

20 ‘‘(III) integrated education and 

21 training programs; 

22 ‘‘(IV) programs providing adult 

23 education and literacy activities co24 ordinated with employment services; 


smartinez on DSK6TPTVN1PROD with BILLS
283 

•HR 4227 IH

1 ‘‘(V) family literacy activities 

2 that promote adult education and help 

3 parents become their child’s first 

4 teacher; and 

5 ‘‘(VI) postsecondary education 

6 and training transition programs;’’; 

7 (F) in subparagraph (E)— 

8 (i) in the matter preceding clause (i), 

9 by striking ‘‘through studies and analyses 

10 conducted independently’’; 

11 (ii) in clause (i)— 

12 (I) by inserting ‘‘accountability’’ 

13 after ‘‘performance’’; 

14 (II) by inserting ‘‘, including in15 terim measures connected to increas16 ing advancement along a career path17 way,’’ after ‘‘measures of account18 ability’’; and 

19 (III) by striking ‘‘, including 

20 family literacy services’’; 

21 (iii) in clause (ii)— 

22 (I) by striking ‘‘including family 

23 literacy services’’; and 

24 (II) by striking ‘‘adults (and of 

25 children’’ and all that follows through 


smartinez on DSK6TPTVN1PROD with BILLS
284 

•HR 4227 IH

1 ‘‘in such activities’’ and inserting ‘‘eli2 gible individuals, lead’’; 

3 (iv) in clause (iii)— 

4 (I) by striking ‘‘adults’’ and in5 serting ‘‘eligible individuals’’; 

6 (II) by striking ‘‘family’’; and 

7 (III) by striking ‘‘programs’’ and 

8 inserting ‘‘activities’’; and 

9 (v) in clause (iv), by striking ‘‘eligible 

10 agencies have distributed’’ and all that fol11 lows and inserting ‘‘different types of pro12 viders measurably improve the skills of eli13 gible individuals in adult education and lit14 eracy activities;’’; 

15 (G) by redesignating subparagraphs (F), 

16 (G) and (H) as subparagraphs (G), (H), and 

17 (K), respectively; 

18 (H) by inserting after subparagraph (E) 

19 the following: 

20 ‘‘(F) carrying out research on the relation21 ship between instructional quality, including 

22 education levels, certification status, and experi23 ence of instructors, and the performance out24 comes of eligible providers consistent with sec25 tion 136;’’; 


smartinez on DSK6TPTVN1PROD with BILLS
285 

•HR 4227 IH

1 (I) in subparagraph (G) (as so redesig2 nated)— 

3 (i) by inserting ‘‘of programs’’ after 

4 ‘‘building’’; and 

5 (ii) by striking ‘‘subtitle’’ and insert6 ing ‘‘title’’; and 

7 (J) in subparagraph (H) (as so redesig8 nated), by striking ‘‘; and’’ and inserting a 

9 semicolon and inserting after such subpara10 graph the following: 

11 ‘‘(I) supporting the development of an enti12 ty that would produce and distribute tech13 nology-based programs and materials for adult 

14 education and literacy activities using an inter15 connection system (as defined in section 397 of 

16 the Communications Act of 1934 (47 U.S.C. 

17 397)) and expand the effective outreach and 

18 use of such programs and materials to eligible 

19 providers; 

20 ‘‘(J) determining how participation in 

21 adult education and literacy activities prepares 

22 eligible individuals for entry into postsecondary 

23 education and employment and, in the case of 

24 programs carried out in correctional institu25 tions, has an effect on recidivism; and’’. 


smartinez on DSK6TPTVN1PROD with BILLS
286 

•HR 4227 IH

1 (d) INTEGRATED ENGLISH LITERACY AND CIVICS

2 EDUCATION.—Subtitle D, as redesignated by section 

3 201(f), is further amended by adding after section 243 

4 the following new section: 

5 ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS 

6 EDUCATION. 

7 ‘‘(a) IN GENERAL.—From funds made available 

8 under section 211(a)(1)(C) for each fiscal year, the Sec9 retary shall award grants to States, from allotments under 

10 subsection (b), for integrated English literacy and civics 

11 education. 

12 ‘‘(b) ALLOTMENT.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 from amounts made available under section 

15 211(a)(1)(C) for a fiscal year, the Secretary shall al16 locate— 

17 ‘‘(A) 65 percent to the States on the basis 

18 of a State’s need for integrated English literacy 

19 and civics education, as determined by calcu20 lating each State’s share of a 10-year average 

21 of the data of the Office of Immigration Statis22 tics of the Department of Homeland Security 

23 for immigrants admitted for legal permanent 

24 residence for the 10 most recent years; and 


smartinez on DSK6TPTVN1PROD with BILLS
287 

•HR 4227 IH

1 ‘‘(B) 35 percent to the States on the basis 

2 of whether the State experienced growth, as 

3 measured by the average of the 3 most recent 

4 years for which the data of the Office of Immi5 gration Statistics of the Department of Home6 land Security for immigrants admitted for legal 

7 permanent residence are available. 

8 ‘‘(2) MINIMUM.—No State shall receive an al9 lotment under paragraph (1) in an amount that is 

10 less than $60,000. 

11 ‘‘(c) STUDY TO DETERMINE CONTINUED NEED.— 

12 Not later than 2 years after the date of the enactment 

13 of the Workforce Investment Act of 2012 and every 2 

14 years thereafter, the Secretaries of Education, Labor, and 

15 Homeland Security shall submit a report to Congress 

16 about the English-language instruction needs of adult im17 migrants. It shall include changes in national, State and 

18 county-level approaches and requirements in English-lan19 guage instruction; data on the composition of recent immi20 gration flows and immigrant settlement patterns across 

21 States; and estimated instructional needs based on the 

22 English ability and educational attainment of recent immi23 grants from top immigrant-sending countries. Such study 

24 shall be commissioned by the Institute of Education 


smartinez on DSK6TPTVN1PROD with BILLS
288 

•HR 4227 IH

1 Sciences, with its design conducted in collaboration with 

2 the Departments of Labor and Homeland Security.’’. 

3 TITLE III—AMENDMENTS TO 

4 THE WAGNER-PEYSER ACT 

5 SEC. 301. EMPLOYMENT SERVICE OFFICES. 

6 Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) 

7 is amended by inserting ‘‘service’’ before ‘‘offices’’. 

8 SEC. 302. DEFINITIONS. 

9 Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) 

10 is amended— 

11 (1) by redesignating paragraphs (2) through 

12 (5) as paragraphs (3) through (6), respectively; 

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) the term ‘employment service office’ means 

16 a local office of a State agency;’’; 

17 (3) in paragraph (3) (as so redesignated)— 

18 (A) by striking ‘‘investment board’’ each 

19 place it appears and inserting ‘‘development 

20 board’’; and 

21 (B) by striking ‘‘of 1998’’ and inserting 

22 ‘‘of 2011’’; 

23 (4) in paragraph (4) (as so redesignated)— 

24 (A) by striking ‘‘134(c)’’ and inserting 

25 ‘‘221(e)’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
289 

•HR 4227 IH

1 (B) by striking ‘‘1998’’ and inserting 

2 ‘‘2011’’; 

3 (5) in paragraph (5) (as so redesignated), by 

4 striking ‘‘and’’ at the end; 

5 (6) in paragraph (6) (as so redesignated), by 

6 striking the period and inserting ‘‘; and’’; and 

7 (7) by adding at the end the following: 

8 ‘‘(7) except in section 15, the term ‘State agen9 cy’, used without further description, means an 

10 agency designated or authorized under section 4; 

11 and 

12 ‘‘(8) the term ‘workplace learning advisor’, has 

13 the meaning given the terms in section 101 of the 

14 Workforce Investment Act of 1998.’’. 

15 SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OF16 FICES. 

17 (a) COORDINATION.—Section 3(a) of the Wagner18 Peyser Act (29 U.S.C. 49b(a)) is amended by striking 

19 ‘‘services’’ and inserting ‘‘service offices’’. 

20 (b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.— 

21 Section 3(c)(2) of the Wagner-Peyser Act (29 U.S.C. 

22 49b(c)(2)) is amended by inserting ‘‘, and identify and dis23 seminate information on best practices for such system’’ 

24 before the semicolon. 


smartinez on DSK6TPTVN1PROD with BILLS
290 

•HR 4227 IH

1 (c) ONE-STOP CENTERS.—Section 3 of the Wagner2 Peyser Act (29 U.S.C. 49b) is amended by inserting after 

3 subsection (c) the following: 

4 ‘‘(d) In order to improve service delivery, avoid dupli5 cation of services, and enhance coordination of services, 

6 the employment service offices in each State and the one7 stop centers shall be collocated to the extent practicable. 

8 ‘‘(e) The Secretary, in consultation with States, is au9 thorized to assist the States in the development of national 

10 electronic tools that may be used to improve access to 

11 workforce information for individuals through— 

12 ‘‘(1) the one-stop delivery systems established 

13 as described in section 121(e) of the Workforce In14 vestment Act of 2012; and 

15 ‘‘(2) such other delivery systems as the Sec16 retary determines to be appropriate.’’. 

17 SEC. 304. ALLOTMENT OF SUMS. 

18 Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘From’’ and inserting 

22 ‘‘After making the reservation required by sub23 section (c), from’’; and 

24 (B) by striking ‘‘amounts appropriated 

25 pursuant to section 5’’ and inserting ‘‘funds apVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
291 

•HR 4227 IH

1 propriated and (except for Guam) certified 

2 under section 5 and made available for allot3 ments under this section’’; and 

4 (2) in subsection (b)(1)— 

5 (A) in the matter preceding subparagraph 

6 (A)— 

7 (i) by inserting before ‘‘the Secretary’’ 

8 the following ‘‘after making the allotments 

9 required by subsection (a),’’; and 

10 (ii) by striking ‘‘sums’’ and all that 

11 follows through ‘‘this Act’’ and inserting 

12 ‘‘funds described in subsection (a)’’; 

13 (B) in each of subparagraphs (A) and (B), 

14 by striking ‘‘sums’’ and inserting ‘‘remainder’’; 

15 and 

16 (C) by adding at the end the following: 

17 ‘‘For purposes of this paragraph, the term 

18 ‘State’ does not include Guam or the Virgin Is19 lands.’’. 

20 SEC. 305. USE OF SUMS. 

21 (a) RESOURCES FOR UNEMPLOYMENT INSURANCE

22 CLAIMANTS.—Section 7(a)(3) of the Wagner-Peyser Act 

23 (29 U.S.C. 49f(a)(3)) is amended— 

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (E); 


smartinez on DSK6TPTVN1PROD with BILLS
292 

•HR 4227 IH

1 (2) by striking the period at the end of sub2 paragraph (F) and inserting ‘‘; and’’; and 

3 (3) by inserting after subparagraph (F) the fol4 lowing: 

5 ‘‘(G) providing unemployment insurance 

6 claimants and other unemployed individuals 

7 with referrals to, and application assistance for, 

8 training and education resources and programs, 

9 including Federal Pell Grants under subpart 1 

10 of part A of title IV of the Higher Education 

11 Act of 1965 (20 U.S.C. 1070a et seq.), edu12 cational assistance under chapter 30 of title 38, 

13 United States Code (commonly referred to as 

14 the Montgomery GI Bill), and chapter 33 of 

15 that title (Post-9/11 Veterans Educational As16 sistance), student assistance under title IV of 

17 the Higher Education Act of 1965 (20 U.S.C. 

18 1070 et seq.), State student higher education 

19 assistance, and training and education pro20 grams provided under titles I and II of the 

21 Workforce Investment Act of 2012, and title I 

22 of the Rehabilitation Act of 1973 (29 U.S.C. 

23 720 et seq.).’’. 

24 (b) STATE ACTIVITIES.—Section 7(b) of the Wagner25 Peyser Act (29 U.S.C. 49f(b)) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
293 

•HR 4227 IH

1 (1) in paragraph (1), by striking ‘‘performance 

2 standards established by the Secretary’’ and insert3 ing ‘‘the performance accountability measures that 

4 are based on indicators described in section 

5 136(b)(2)(A)(i) of the Workforce Investment Act of 

6 2012’’; and 

7 (2) in paragraph (2), by inserting ‘‘offices’’ 

8 after ‘‘employment service’’. 

9 (c) PROVIDING ADDITIONAL FUNDS.—Section 

10 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) 

11 is amended by striking ‘‘1998’’ and inserting ‘‘2011’’. 

12 (d) OTHER SERVICES AND ACTIVITIES.—Section 

13 7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is 

14 amended by striking ‘‘1998’’ and inserting ‘‘2011’’. 

15 (e) CONFORMING AMENDMENT.—Section 7(e) of the 

16 Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by 

17 striking ‘‘labor employment statistics’’ and inserting 

18 ‘‘labor market information’’. 

19 SEC. 306. STATE PLAN. 

20 Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) 

21 is amended to read as follows: 

22 ‘‘SEC. 8. Any State desiring to receive assistance 

23 under section 6 shall prepare and submit to, and have ap24 proved by, the Secretary and the Secretary of Education, 


smartinez on DSK6TPTVN1PROD with BILLS
294 

•HR 4227 IH

1 a State plan in accordance with section 112 or 113 of the 

2 Workforce Investment Act of 2011.’’. 

3 SEC. 307. PERFORMANCE ACCOUNTABILITY MEASURES. 

4 Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 

5 49l(a)) is amended to read as follows: 

6 ‘‘(a) The activities carried out pursuant to section 7 

7 shall be subject to the performance accountability meas8 ures that are based on indicators described in section 

9 136(b)(2)(A)(i) of the Workforce Investment Act of 

10 2011.’’. 

11 SEC. 308. PILOT PROJECTS. 

12 The Wagner-Peyser Act is amended by inserting after 

13 section 13 (29 U.S.C. 49l) the following: 

14 ‘‘SEC. 13A. PILOT PROJECTS. 

15 ‘‘(a) GRANTS.—From funds appropriated under sub16 section (f), the Secretary, in consultation with the Sec17 retary of Education, shall establish and carry out a pilot 

18 program. In carrying out the program, the Secretary shall 

19 annually make grants, on a competitive basis, to State 

20 agencies to cooperate in the administration of this Act by 

21 carrying out pilot projects that enhance the professional 

22 development and provision of services by the staff of such 

23 State agencies. 

24 ‘‘(b) USE OF FUNDS.—Funds made available under 

25 this section may be used to enable a State agency to— 


smartinez on DSK6TPTVN1PROD with BILLS
295 

•HR 4227 IH

1 ‘‘(1) make available a broad range of career 

2 guidance services, including career planning, apti3 tude and interest assessments, provision of labor 

4 market information, job placement services, and 

5 evaluations of the outcomes for recipients of such 

6 services; 

7 ‘‘(2) strengthen the capacity of the State agen8 cy to identify job openings through the use of tech9 nology, and through intensive outreach to small- and 

10 medium-size employers while using and enhancing 

11 the business and employer services authorized under 

12 this Act; 

13 ‘‘(3) provide professional development and ca14 reer advancement opportunities for staff of a State 

15 agency in order to upgrade their skills and com16 petencies in the provision of career development ac17 tivities, employer outreach, job placement, and other 

18 services authorized under this Act, including upgrad19 ing those skills and competencies through the train20 ing of such staff to improve their knowledge of, and 

21 ability to effectively interact with, staff and pro22 grams of one-stop partners and other entities admin23 istering workforce development programs; 

24 ‘‘(4) identify and implement strategies for State 

25 agency staff to provide technical assistance and 


smartinez on DSK6TPTVN1PROD with BILLS
296 

•HR 4227 IH

1 training to assist other providers of workforce devel2 opment activities, including workplace learning advi3 sors, in providing counseling and employment-related 

4 services to workers and job seekers, and employers; 

5 and 

6 ‘‘(5) identify and implement new strategies for 

7 integrating counseling and technology to enhance the 

8 provision of employment-related services under this 

9 Act. 

10 ‘‘(c) APPLICATIONS.—A State agency that seeks a 

11 grant under this section shall submit an application to the 

12 Secretary at such time, in such manner, and containing 

13 such information as the Secretary may require. 

14 ‘‘(d) PRIORITY.—In awarding grants under this sec15 tion, the Secretary, in consultation with the Secretary of 

16 Education, shall— 

17 ‘‘(1) give priority to a State agency that— 

18 ‘‘(A) demonstrates participation by em19 ployees of the agency and their organized rep20 resentatives in the planning of the proposed 

21 pilot project; 

22 ‘‘(B) demonstrates participation by the 

23 employees, or provides an assurance that the 

24 employees will participate, in the implementa25 tion of the pilot project; and 


smartinez on DSK6TPTVN1PROD with BILLS
297 

•HR 4227 IH

1 ‘‘(C) demonstrates that the State agency 

2 has established a partnership, or provides an 

3 assurance that the agency will establish a part4 nership, with a relevant professional organiza5 tion, or with an institution of higher education; 

6 and 

7 ‘‘(2) ensure geographic diversity and diversity 

8 with respect to the population density of the States 

9 in which projects under this section will be carried 

10 out. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out this section 

13 such sums as may be necessary for each of fiscal years 

14 2012 through 2016.’’. 

15 SEC. 309. LABOR MARKET INFORMATION SYSTEM. 

16 (a) HEADING.—The section heading for section 15 of 

17 the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by 

18 striking ‘‘EMPLOYMENT STATISTICS’’ and inserting 

19 ‘‘LABOR MARKET INFORMATION SYSTEM’’. 

20 (b) NAME OF SYSTEM.—Section 15(a)(1) of the Wag21 ner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by 

22 striking ‘‘employment statistics system of employment sta23 tistics’’ and inserting ‘‘labor market information system’’. 


smartinez on DSK6TPTVN1PROD with BILLS
298 

•HR 4227 IH

1 (c) SYSTEM RESPONSIBILITIES.—Section 15(b) of 

2 the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amend3 ed— 

4 (1) by striking paragraph (1) and inserting the 

5 following: 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) STRUCTURE.—The labor market in8 formation system described in subsection (a) 

9 shall be evaluated and improved by the Sec10 retary, in consultation with the Workforce In11 formation Advisory Council established in sub12 section (d). 

13 ‘‘(B) GRANTS AND RESPONSIBILITIES.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall carry out the provisions of this sec16 tion in a timely manner, through grants to 

17 or agreements with States. 

18 ‘‘(ii) DISTRIBUTION OF FUNDS.— 

19 Using amounts appropriated under sub20 section (g), the Secretary shall provide 

21 funds through those grants and agree22 ments. In distributing the funds (relating 

23 to labor market information funding) for 

24 fiscal years 2012 through 2016, the Sec25 retary shall continue to distribute the 


smartinez on DSK6TPTVN1PROD with BILLS
299 

•HR 4227 IH

1 funds to States in the manner in which the 

2 Secretary distributed funds to the States 

3 under this section for fiscal years 2004 

4 through 2008.’’; and 

5 (2) by striking paragraph (2) and inserting the 

6 following: 

7 ‘‘(2) DUTIES.—The Secretary, with respect to 

8 data collection, analysis, and dissemination of labor 

9 market information for the system, shall carry out 

10 the following duties: 

11 ‘‘(A) Assign responsibilities within the De12 partment of Labor for elements of the labor 

13 market information system described in sub14 section (a) to ensure that the statistical and ad15 ministrative data collected is consistent with ap16 propriate Bureau of Labor Statistics standards 

17 and definitions, and that the information is ac18 cessible and understandable to users of such 

19 data. 

20 ‘‘(B) Actively seek the cooperation of heads 

21 of other Federal agencies to establish and main22 tain mechanisms for ensuring complementarity 

23 and nonduplication in the development and op24 eration of statistical and administrative data 

25 collection activities. 


smartinez on DSK6TPTVN1PROD with BILLS
300 

•HR 4227 IH

1 ‘‘(C) Solicit, receive, and evaluate the rec2 ommendations from the Workforce Information 

3 Advisory Council established in subsection (d) 

4 concerning the evaluation and improvement of 

5 the labor market information system described 

6 in subsection (a) and respond in writing to the 

7 Council regarding the recommendations. 

8 ‘‘(D) Through the Bureau of Labor Statis9 tics and the Employment and Training Admin10 istration, and in collaboration with States, de11 velop and maintain the elements of the labor 

12 market information system described in sub13 section (a), including the development of con14 sistent procedures and definitions for use by the 

15 States in collecting the data and information 

16 described in subparagraphs (A) and (B) of sub17 section (a)(1). 

18 ‘‘(E) Establish procedures for the system 

19 to ensure that— 

20 ‘‘(i) such data and information are 

21 timely; and 

22 ‘‘(ii) paperwork and reporting for the 

23 system are reduced to a minimum.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
301 

•HR 4227 IH

1 (d) TWO-YEAR PLAN.—Section 15 of the Wagner2 Peyser Act (29 U.S.C. 49l–2) is amended by striking sub3 section (c) and inserting the following: 

4 ‘‘(c) TWO-YEAR PLAN.—The Secretary, acting 

5 through the Commissioner of Labor Statistics and the As6 sistant Secretary for Employment and Training, and in 

7 consultation with the Workforce Information Advisory 

8 Council described in subsection (d) and heads of other ap9 propriate Federal agencies, shall prepare a 2-year plan for 

10 the labor market information system. The plan shall be 

11 developed and implemented in a manner that takes into 

12 account the activities described in State plans submitted 

13 by States under section 112 or 113 of the Workforce In14 vestment Act of 2012 and shall be submitted to the Com15 mittee on Education and the Workforce of the House of 

16 Representatives and the Committee on Health, Education, 

17 Labor, and Pensions of the Senate. The plan shall in18 clude— 

19 ‘‘(1) a description of how the Secretary will 

20 work with the States to manage the nationwide labor 

21 market information system described in subsection 

22 (a) and the statewide workforce and labor market 

23 information systems that comprise the nationwide 

24 system; 


smartinez on DSK6TPTVN1PROD with BILLS
302 

•HR 4227 IH

1 ‘‘(2) a description of the steps to be taken in 

2 the following 2 years to carry out the duties de3 scribed in subsection (b)(2); 

4 ‘‘(3) an evaluation of the performance of the 

5 system, with particular attention to the improve6 ments needed at the State and local levels; 

7 ‘‘(4) a description of the involvement of States 

8 in the development of the plan, through consultation 

9 by the Secretary with the Workforce Information 

10 Advisory Council in accordance with subsection (d); 

11 and 

12 ‘‘(5) a description of the written recommenda13 tions received from the Workforce Information Advi14 sory Council established under subsection (d), and 

15 the extent to which those recommendations were in16 corporated into the plan.’’. 

17 (e) WORKFORCE INFORMATION ADVISORY COUN18 CIL.—Section 15 of the Wagner-Peyser Act (29 U.S.C. 

19 49l–2) is amended by striking subsection (d) and inserting 

20 the following: 

21 ‘‘(d) WORKFORCE INFORMATION ADVISORY COUN22 CIL.— 

23 ‘‘(1) IN GENERAL.—The Secretary, through the 

24 Commissioner of Labor Statistics and the Assistant 

25 Secretary of Labor for Employment and Training, 


smartinez on DSK6TPTVN1PROD with BILLS
303 

•HR 4227 IH

1 shall formally consult at least twice annually with 

2 the Workforce Information Advisory Council estab3 lished in accordance with paragraph (2). Such con4 sultations shall address the evaluation and improve5 ment of the nationwide labor market information 

6 system described in subsection (a) and the statewide 

7 labor market information systems that comprise the 

8 nationwide system and how the Department of 

9 Labor and the States will cooperate in the manage10 ment of such systems. The Council shall provide 

11 written recommendations to the Secretary con12 cerning the evaluation and improvement of the na13 tionwide system, including any recommendations re14 garding the 2-year plan described in subsection (c). 

15 ‘‘(2) ESTABLISHMENT OF COUNCIL.— 

16 ‘‘(A) ESTABLISHMENT.—The Secretary 

17 shall establish an advisory council that shall be 

18 known as the Workforce Information Advisory 

19 Council (referred to in this section as the 

20 ‘Council’) to participate in the consultations 

21 and provide the recommendations described in 

22 paragraph (1). 

23 ‘‘(B) MEMBERSHIP.—The Secretary shall 

24 appoint the members of the Council, which shall 

25 consist of— 


smartinez on DSK6TPTVN1PROD with BILLS
304 

•HR 4227 IH

1 ‘‘(i) 4 members who are representa2 tives of lead State agencies with responsi3 bility for workforce investment activities, 

4 or State agencies described in section 4, 

5 who have been nominated by such agencies 

6 or by a national organization that rep7 resents such agencies; 

8 ‘‘(ii) 4 members who are representa9 tives of the State labor market information 

10 directors affiliated with the State agencies 

11 that perform the duties described in sub12 section (e)(2), who have been nominated by 

13 the directors; 

14 ‘‘(iii) 1 member who is a representa15 tive of providers of training services under 

16 section 122 of the Workforce Investment 

17 Act of 2012; 

18 ‘‘(iv) 1 member who is a representa19 tive of economic development entities; 

20 ‘‘(v) 1 member who is a representative 

21 of businesses, who has been nominated by 

22 national business organizations or trade 

23 associations; 


smartinez on DSK6TPTVN1PROD with BILLS
305 

•HR 4227 IH

1 ‘‘(vi) 1 member who is a representa2 tive of labor organizations, who has been 

3 nominated by a national labor federation; 

4 ‘‘(vii) 1 member who is a representa5 tive of local workforce investment boards, 

6 who has been nominated by a national or7 ganization representing such boards; and 

8 ‘‘(viii) 1 member who is a representa9 tive of research entities that utilize labor 

10 market information. 

11 ‘‘(C) GEOGRAPHIC DIVERSITY.—The Sec12 retary shall ensure that the membership of the 

13 Council is geographically diverse and that no 2 

14 of the members appointed under clauses (i), 

15 (ii), and (vii) represent the same State. 

16 ‘‘(D) PERIOD OF APPOINTMENT; VACAN17 CIES.— 

18 ‘‘(i) IN GENERAL.—Each member of 

19 the Council shall be appointed for a term 

20 of 3 years, except that the initial terms for 

21 members may be 1, 2, or 3 years in order 

22 to establish a rotation in which one-third 

23 of the members are selected each year. Any 

24 such member may be appointed for not 

25 more than 2 consecutive terms. 


smartinez on DSK6TPTVN1PROD with BILLS
306 

•HR 4227 IH

1 ‘‘(ii) VACANCIES.—Any member ap2 pointed to fill a vacancy occurring before 

3 the expiration of the term for which the 

4 member’s predecessor was appointed shall 

5 be appointed only for the remainder of that 

6 term. A member may serve after the expi7 ration of that member’s term until a suc8 cessor has taken office. 

9 ‘‘(E) TRAVEL EXPENSES.—The members 

10 of the Council shall not receive compensation 

11 for the performance of services for the Council, 

12 but shall be allowed travel expenses, including 

13 per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter 

15 I of chapter 57 of title 5, United States Code, 

16 while away from their homes or regular places 

17 of business in the performance of services for 

18 the Council. Notwithstanding section 1342 of 

19 title 31, United States Code, the Secretary may 

20 accept the voluntary and uncompensated serv21 ices of members of the Council.’’. 

22 (f) STATE RESPONSIBILITIES.—Section 15(e) of the 

23 Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
307 

•HR 4227 IH

1 (1) by striking ‘‘employment statistics’’ each 

2 place it appears and inserting ‘‘labor market infor3 mation’’; 

4 (2) in paragraph (1)(A) by striking ‘‘annual 

5 plan’’ and inserting ‘‘plan described in subsection 

6 (c)’’; and 

7 (3) in paragraph (2)— 

8 (A) in subparagraph (G), by inserting 

9 ‘‘and’’ at the end; 

10 (B) by striking subparagraph (H); 

11 (C) in subparagraph (I), by striking ‘‘sec12 tion 136(f)(2) of the Workforce Investment Act 

13 of 1998’’ and inserting ‘‘section 131(i)(2) of the 

14 Workforce Investment Act of 2012’’; and 

15 (D) by redesignating subparagraph (I) as 

16 subparagraph (H). 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is 

19 amended by striking ‘‘1999 through 2004’’ and inserting 

20 ‘‘2012 through 2016’’. 


smartinez on DSK6TPTVN1PROD with BILLS
308 

•HR 4227 IH

1 TITLE IV—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 Subtitle A—Introductory 

4 Provisions 

5 SEC. 401. REFERENCES. 

6 Except as otherwise specifically provided, whenever in 

7 this title an amendment or repeal is expressed in terms 

8 of an amendment to, or repeal of, a provision, the amend9 ment or repeal shall be considered to be made to a provi10 sion of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 

11 seq.). 

12 SEC. 402. FINDINGS, PURPOSE, POLICY. 

13 (a) FINDINGS.—Section 2(a) is amended— 

14 (1) in paragraph (5), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (6), by striking the period and 

17 inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(7)(A) a high proportion of students are leav20 ing secondary education without being employed in 

21 competitive integrated employment, or being enrolled 

22 in postsecondary education; and 

23 ‘‘(B) there is a substantial need to support such 

24 students as they transition from school to postsec25 ondary life.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
309 

•HR 4227 IH

1 (b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is 

2 amended— 

3 (1) in paragraph (1)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘with disabilities’’ and all that 

6 follows through ‘‘economic’’ and inserting ‘‘with 

7 disabilities, including individuals with the most 

8 significant disabilities, to maximize opportuni9 ties for competitive integrated employment and 

10 to achieve economic’’; and 

11 (B) at the end of subparagraph (F), by 

12 striking ‘‘and’’; 

13 (2) in paragraph (2), by striking the period at 

14 the end and inserting a semicolon; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) to increase employment opportunities and 

17 employment outcomes for individuals with disabil18 ities, including through encouraging meaningful in19 volvement by employers and vocational rehabilitation 

20 service providers on successful and prospective em21 ployment and placement strategies; and 

22 ‘‘(4) to ensure, to the greatest extent possible, 

23 that youth with disabilities and students with dis24 abilities who are transitioning from receipt of special 

25 education services under the Individuals with DisVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
310 

•HR 4227 IH

1 abilities Education Act (20 U.S.C. 1400 et seq.) and 

2 receiving accommodations and supports consistent 

3 with section 504 of the Rehabilitation Act of 1973 

4 (29 U.S.C. 794) are either continuing their edu5 cation or employed in competitive integrated employ6 ment.’’. 

7 SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 

8 Section 3 (29 U.S.C. 702) is amended— 

9 (1) in subsection (a)— 

10 (A) in the first sentence, by striking ‘‘Of11 fice of the Secretary’’ and inserting ‘‘Office of 

12 Special Education and Rehabilitative Services’’; 

13 (B) in the second sentence, by striking ‘‘IV 

14 and V’’ and inserting ‘‘IV, V, VII, and VIII’’; 

15 and 

16 (C) by striking the last 3 sentences and in17 serting ‘‘The functions of the Commissioner 

18 shall not be delegated to any officer, unless the 

19 officer is directly responsible to the Assistant 

20 Secretary for Special Education and Rehabilita21 tive Services.’’; 

22 (2) by redesignating subsection (b) as sub23 section (c); 

24 (3) by inserting after subsection (a) the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
311 

•HR 4227 IH

1 ‘‘(b) The Secretary shall ensure that— 

2 ‘‘(1) the Rehabilitation Services Administration 

3 provides oversight of, conducts monitoring of, and 

4 provides technical assistance to, the designated State 

5 agencies funded under this Act; and 

6 ‘‘(2) the staff providing such oversight, moni7 toring, and technical assistance includes individuals 

8 who have training in and experience with the pro9 grams administered by the Rehabilitation Services 

10 Administration.’’; and 

11 (4) in subsection (c), as redesignated by para12 graph (2), by striking ‘‘for the programs’’ and all 

13 that follows and insert ‘‘in a manner that is con14 sistent with the purposes of the program for which 

15 the funds are appropriated and of this Act, as enu16 merated in section 2(b)’’. 

17 SEC. 404. DEFINITIONS. 

18 Section 7 (29 U.S.C. 705) is amended— 

19 (1) in paragraph (2)— 

20 (A) in the matter preceding subparagraph 

21 (A), by inserting after ‘‘means’’ the following: 

22 ‘‘an assessment that presumes the attainment 

23 of an employment outcome for all individuals 

24 with disabilities (including individuals with sig25 nificant disabilities and individuals with the 


smartinez on DSK6TPTVN1PROD with BILLS
312 

•HR 4227 IH

1 most significant disabilities), and that relies 

2 on’’; and 

3 (B) in subparagraph (B)— 

4 (i) in clause (iii), by striking ‘‘and’’ at 

5 the end; 

6 (ii) in clause (iv), by striking the 

7 semicolon and inserting ‘‘; and’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(v) to the maximum extent possible, 

11 relies on information obtained from experi12 ences in integrated employment settings in 

13 the community, and other integrated com14 munity settings;’’; 

15 (2) in paragraph (5)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘for employment, including ca18 reer advancement’’ and inserting ‘‘for competi19 tive integrated employment and for career ad20 vancement, including’’; 

21 (B) by redesignating subparagraphs (O) 

22 through (Q) as subparagraphs (P) through (R); 

23 (C) by inserting after subparagraph (N) 

24 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
313 

•HR 4227 IH

1 ‘‘(O) customized employment services;’’; 

2 and 

3 (D) in subparagraph (R), as redesignated 

4 by subparagraph (B) of this paragraph, by 

5 striking ‘‘(P)’’ and inserting ‘‘(Q)’’; 

6 (3) by redesignating paragraphs (6) as para7 graph (7) and inserting after paragraph (5) the fol8 lowing new paragraph: 

9 ‘‘(6) COMPETITIVE INTEGRATED EMPLOY10 MENT.— 

11 ‘‘(A) IN GENERAL.—The term ‘competitive 

12 integrated employment’ means work by an em13 ployee who is an individual with a disability— 

14 ‘‘(i) that is compensated at a rate 

15 that— 

16 ‘‘(I) is the same rate as the rate 

17 for other employees who are not indi18 viduals with disabilities, and who are 

19 similarly situated in similar occupa20 tions by the same employer and who 

21 have similar training, experience, and 

22 skills; and 

23 ‘‘(II) shall be in accordance with 

24 the applicable law, but in no event 

25 less than the higher of the rate speciVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
314 

•HR 4227 IH

1 fied in section 6(a)(1) of the Fair 

2 Labor Standards Act of 1938 (29 

3 U.S.C. 206(a)(1)) or the applicable 

4 State or local minimum wage law; 

5 ‘‘(ii) for which the employee receives 

6 health and employment benefits com7 parable to those of other employees; 

8 ‘‘(iii) that is at a location typically 

9 found in the community where the em10 ployee interacts frequently with other em11 ployees and individuals who are not indi12 viduals with disabilities to the same extent 

13 that non-disabled employees in comparable 

14 positions interact with others; and 

15 ‘‘(iv) that provides opportunities for 

16 advancement that are equivalent to those 

17 for other employees who are not individ18 uals with disabilities and who have com19 parable positions. 

20 ‘‘(B) INCLUSION OF CUSTOMIZED OR SUP21 PORTED EMPLOYMENT.—The term ‘competitive 

22 integrated employment’ includes integrated em23 ployment resulting from the provision of cus24 tomized employment strategies or supported 

25 employment services, provided the work inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
315 

•HR 4227 IH

1 volved satisfies the criteria described in sub2 paragraph (A). 

3 ‘‘(C) INCLUSION OF SELF-EMPLOYMENT

4 OR MICRO-ENTERPRISES.—The term ‘competi5 tive integrated employment’ includes self-em6 ployment or micro-enterprises, as long as the 

7 work involved satisfies the criteria described in 

8 subparagraph (A).’’; 

9 (4) by redesignating paragraphs (8) through 

10 (28) as paragraphs (9) through (29), respectively, 

11 and inserting after paragraph (7) the following: 

12 ‘‘(8) CUSTOMIZED EMPLOYMENT.—The term 

13 ‘customized employment’ means an employment out14 come in competitive integrated employment, for an 

15 individual with a significant disability, that is based 

16 on an individualized determination of the strengths, 

17 needs, and interests of the individual with a signifi18 cant disability, is designed to meet the specific abili19 ties of the individual with a significant disability and 

20 the business needs of the employer, and is carried 

21 out through flexible strategies, such as— 

22 ‘‘(A) job exploration by the individual; and 

23 ‘‘(B) working with an employer to facili24 tate placement, including— 


smartinez on DSK6TPTVN1PROD with BILLS
316 

•HR 4227 IH

1 ‘‘(i) customizing a job description 

2 based on current employer needs or on pre3 viously unidentified and unmet employer 

4 needs; 

5 ‘‘(ii) developing a set of job duties (in6 cluding a work schedule) and specifics of 

7 supervision (including performance evalua8 tion and review), and determining job loca9 tion; 

10 ‘‘(iii) representation by a professional 

11 chosen by the individual, or self-represen12 tation by the individual, in working with 

13 an employer to facilitate placement; and 

14 ‘‘(iv) providing services and supports 

15 at the job location.’’; 

16 (5) in paragraph (12) (as so redesignated)— 

17 (A) in subparagraph (A), by striking 

18 ‘‘competitive employment in the integrated 

19 labor market’’ and inserting ‘‘competitive inte20 grated employment’’; and 

21 (B) in subparagraph (C), by inserting 

22 ‘‘customized employment,’’ after ‘‘outcome of’’; 

23 (6) in paragraph (18) (as so redesignated)— 

24 (A) by striking the ‘‘and’’ at the end of 

25 subparagraph (C); 


smartinez on DSK6TPTVN1PROD with BILLS
317 

•HR 4227 IH

1 (B) in subparagraph (D), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(E) transition and prevention services 

6 that— 

7 ‘‘(i) facilitate the transition of individ8 uals with significant disabilities from nurs9 ing homes and other institutions to home 

10 and community-based residences, with the 

11 required supports and services; 

12 ‘‘(ii) provide assistance to individuals 

13 with significant disabilities who are at risk 

14 of entering institutions so that the individ15 uals may remain in the community; and 

16 ‘‘(iii) facilitate the transition of youth 

17 (including students) who are individuals 

18 with significant disabilities, who were eligi19 ble for individualized education programs 

20 under section 614(d) of the Individuals 

21 with Disabilities Education Act (20 U.S.C. 

22 1414(d)), and who have completed their 

23 secondary education or otherwise left 

24 school, to postsecondary life, including em25 ployment; and 


smartinez on DSK6TPTVN1PROD with BILLS
318 

•HR 4227 IH

1 ‘‘(F) services to promote full access to 

2 community life.’’; 

3 (7) in paragraph (21)(B), by striking ‘‘and 

4 VII’’ and inserting ‘‘VII, and VIII’’; 

5 (8) by redesignating paragraphs (29) through 

6 (34) as paragraphs (32) through (37), respectively; 

7 (9) by inserting after paragraph (29) the fol8 lowing: 

9 ‘‘(30) POST-EMPLOYMENT SERVICE.—The term 

10 ‘post-employment service’ means a service identified 

11 under section 103(a) that is— 

12 ‘‘(A) provided subsequent to the achieve13 ment of an employment outcome; and 

14 ‘‘(B) necessary for an individual to main15 tain or regain an employment outcome in com16 petitive integrated employment, consistent with 

17 the individual’s strengths, resources, priorities, 

18 concerns, abilities, capabilities, interests, and 

19 informed choice. 

20 ‘‘(31) PRE-EMPLOYMENT TRANSITION SERV21 ICES.— 

22 ‘‘(A) IN GENERAL.—The term ‘pre-employ23 ment transition services’ means a coordinated 

24 set activities for an eligible student with a dis25 ability, designed within an outcome-oriented 


smartinez on DSK6TPTVN1PROD with BILLS
319 

•HR 4227 IH

1 process, that promotes movement from school 

2 to any of the following post-school activities: 

3 postsecondary education, vocational training, 

4 competitive integrated employment (including 

5 supported employment), adult education, adult 

6 services, independent living, or community par7 ticipation. 

8 ‘‘(B) SPECIFIC SERVICES.—The term ‘pre9 employment transition services’ means a set of 

10 services, that is available to students with dis11 abilities, and that makes available, at a min12 imum— 

13 ‘‘(i) career counseling; 

14 ‘‘(ii) work-based learning experience, 

15 including in-school and after school work 

16 experience, or work experience outside the 

17 traditional school setting (such as experi18 ence through job training or internships), 

19 that is provided in an integrated environ20 ment to the maximum extent possible; 

21 ‘‘(iii) counseling on opportunities for 

22 enrollment in a comprehensive transition 

23 or postsecondary educational program at 

24 an institution of higher education; 


smartinez on DSK6TPTVN1PROD with BILLS
320 

•HR 4227 IH

1 ‘‘(iv) school-based preparatory em2 ployment experiences such as role playing, 

3 social skills development, and independent 

4 living training, coordinated with any tran5 sition services provided by the local edu6 cational agency under the Individuals with 

7 Disabilities Education Act (20 U.S.C. 

8 1400 et seq.); and 

9 ‘‘(v) training in self-advocacy, indi10 vidual rights, self-determination skills, and 

11 the informed consent process, as well as 

12 peer mentoring. 

13 ‘‘(C) COORDINATED SET OF ACTIVITIES.— 

14 For purposes of subparagraph (A), the coordi15 nated set of activities shall be based on the in16 dividual student’s needs, taking into account 

17 the student’s preferences and interests, and 

18 shall include education and training, community 

19 experiences, the development of employment 

20 and other adult living objectives, and, when ap21 propriate, acquisition of daily living skills and 

22 functional vocational evaluation.’’; 

23 (10) by redesignating paragraphs (35) through 

24 (39) as paragraphs (39) through (43), respectively, 


smartinez on DSK6TPTVN1PROD with BILLS
321 

•HR 4227 IH

1 and inserting after paragraph (37) (as so redesig2 nated) the following: 

3 ‘‘(38) STUDENT WITH A DISABILITY.— 

4 ‘‘(A) IN GENERAL.—The term ‘student 

5 with a disability’ means an individual with a 

6 disability who— 

7 ‘‘(i) attends a secondary school; 

8 ‘‘(ii)(I) is not younger than the ear9 liest age for the provision of transition 

10 services under section 

11 614(d)(1)(A)(i)(VIII) of the Individuals 

12 with Disabilities Education Act (20 U.S.C. 

13 1414(d)(1)(A)(i)(VIII)); and 

14 ‘‘(II)(aa) is not older than 21 years of 

15 age; or 

16 ‘‘(bb) if the State law for the State 

17 provides for a higher maximum age for re18 ceipt of services under the Individuals with 

19 Disabilities Education Act (20 U.S.C. 

20 1400 et seq.), is not older than that max21 imum age; and 

22 ‘‘(iii)(I) is eligible for, and receiving, 

23 special education or related services under 

24 part B of the Individuals with Disabilities 

25 Education Act (20 U.S.C. 1411 et seq.); or 


smartinez on DSK6TPTVN1PROD with BILLS
322 

•HR 4227 IH

1 ‘‘(II) is an individual with a disability, 

2 for purposes of section 504.’’; 

3 (11) by striking paragraphs (38) and (39), as 

4 redesignated by paragraph (12), and inserting the 

5 following: 

6 ‘‘(38) SUPPORTED EMPLOYMENT.—The term 

7 ‘supported employment’ means an employment out8 come in competitive integrated employment, includ9 ing customized employment, that is consistent with 

10 the strengths, resources, priorities, concerns, abili11 ties, capabilities, interests, and informed choice of 

12 the individuals involved, for individuals with the 

13 most significant disabilities— 

14 ‘‘(A)(i) for whom competitive integrated 

15 employment has not historically occurred; or 

16 ‘‘(ii) for whom competitive integrated em17 ployment has been interrupted or intermittent 

18 as a result of a significant disability; 

19 ‘‘(B) who, because of the nature and sever20 ity of their disability— 

21 ‘‘(i) need intensive supported employ22 ment services for the period described in 

23 paragraph (39); and 

24 ‘‘(ii) need extended services described 

25 in paragraph (13) in order to continue to 


smartinez on DSK6TPTVN1PROD with BILLS
323 

•HR 4227 IH

1 perform in such work beyond the period 

2 described in paragraph (39); and 

3 ‘‘(C) to the extent that on-going extended 

4 services, as described in paragraph (13) of this 

5 section, are needed, the designated State unit 

6 will assist the individual in identifying providers 

7 of those services. 

8 ‘‘(39) SUPPORTED EMPLOYMENT SERVICES.— 

9 The term ‘supported employment services’ means 

10 ongoing support services, including customized em11 ployment, needed to support and maintain an indi12 vidual with a most significant disability in an em13 ployment, outcome that— 

14 ‘‘(A) are provided singly or in combination 

15 and organized and made available in such a 

16 way as to assist an eligible individual to succeed 

17 in competitive integrated employment; 

18 ‘‘(B) are based on a determination of the 

19 needs of an eligible individual, as specified in an 

20 individualized plan for employment; and 

21 ‘‘(C) are provided by the designated State 

22 unit for a period of not more than 24 months, 

23 except that the period may be extended, if nec24 essary, in order to achieve the employment outVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
324 

•HR 4227 IH

1 come identified in the individualized plan for 

2 employment.’’; and 

3 (12) by inserting after paragraph (43) (as so 

4 redesignated) the following: 

5 ‘‘(44) YOUTH WITH A DISABILITY.—The term 

6 ‘youth with a disability’ means an individual with a 

7 disability who— 

8 ‘‘(A) is not younger than 14 years of age; 

9 and 

10 ‘‘(B) is not older than 24 years of age.’’. 

11 SEC. 405. ADMINISTRATION OF THE ACT. 

12 Section 12(a)(1) (29 U.S.C. 709) is amended— 

13 (1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(B) provide technical assistance to the des17 ignated State units on developing successful partner18 ships with local and multi-State businesses to in19 crease the employment of individuals with disabil20 ities; and 

21 ‘‘(C) provide technical assistance to providers 

22 and organizations on developing self-employment op23 portunities and outcomes for individuals with dis24 abilities.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
325 

•HR 4227 IH

1 SEC. 406. REPORTS. 

2 Section 13 (29 U.S.C. 710) is amended— 

3 (1) in section (c)— 

4 (A) by striking ‘‘(c)’’ and inserting 

5 ‘‘(c)(1)’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(2) The ILA Director described in section 701A 

8 shall include, in the annual report, information on the ex9 tent to which centers for independent living receiving 

10 funds under part C of title VII have complied with the 

11 standards and assurances set forth in section 725. The 

12 ILA Director may identify individual centers for inde13 pendent living in the analysis contained in that informa14 tion. The ILA Director shall include in the report the re15 sults of onsite compliance reviews, identifying individual 

16 centers for independent living and other recipients of as17 sistance under part C of title VII.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(d)(1)(A) The Commissioner shall ensure that the 

20 reports, information, and data described in subparagraph 

21 (B) are made publicly available in a timely and accessible 

22 manner, including through electronic means, in order to 

23 inform the public about the administration and perform24 ance of programs in each State under this Act. 

25 ‘‘(B) The reports, information, and data referred to 

26 in subparagraph (A) shall consist of— 


smartinez on DSK6TPTVN1PROD with BILLS
326 

•HR 4227 IH

1 ‘‘(i) reports submitted by a designated State 

2 agency or designated State unit under this Act; 

3 ‘‘(ii) accountability information, including State 

4 performance information relating to evaluation 

5 standards and performance indicators, and addi6 tional performance accountability indicators, under 

7 section 106, including information on compliance 

8 with such standards, indicators, and measures, relat9 ing to individuals with disabilities, submitted by a 

10 designated State agency or designated State unit 

11 under this Act, or submitted by a State to the Sec12 retary of Labor or the Secretary of Education under 

13 section 136 of the Workforce Investment Act of 

14 1998; 

15 ‘‘(iii) data collected from each designated State 

16 unit under this Act; and 

17 ‘‘(iv) reports from monitoring conducted under 

18 this Act, including relevant reports required under 

19 section 136 of the Workforce Investment Act of 

20 1998 and other relevant reports, information, and 

21 data required under title I of such Act. 

22 ‘‘(C)(i) The Commissioner shall ensure that the infor23 mation described in clause (ii) is made publicly available 

24 in a timely and accessible manner, including through elec25 tronic means. 


smartinez on DSK6TPTVN1PROD with BILLS
327 

•HR 4227 IH

1 ‘‘(ii) The information referred to in clause (i) is— 

2 ‘‘(I) the reports, information, and data required 

3 to be submitted by designated State units or des4 ignated State agencies under this Act; 

5 ‘‘(II) evaluations, studies, and audits conducted 

6 by Federal agencies, concerning programs carried 

7 out under this Act; and 

8 ‘‘(III) a list that specifies the designated State 

9 unit or designated State agency for each State, in10 cluding a link to the website maintained by each 

11 such unit or agency. 

12 ‘‘(2) The Commissioner shall maintain public use 

13 read-only access to the State and aggregated reports, and 

14 analyzed data, concerning programs carried out under this 

15 Act, that are filed and maintained in the Rehabilitation 

16 Services Administration management information system 

17 or a system maintained by the Department of Edu18 cation.’’. 

19 SEC. 407. EVALUATION. 

20 Section 14(f)(2) (29 U.S.C. 711(f)(2)) is amended by 

21 striking ‘‘nonintegrated to integrated employment’’ and 

22 inserting ‘‘nonintegrated to competitive integrated employ23 ment’’. 

24 SEC. 408. CARRYOVER. 

25 Section 19 (29 U.S.C. 716) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
328 

•HR 4227 IH

1 (1) in subsection (a), by striking ‘‘part B of 

2 title I’’ and all that follows through ‘‘including’’ and 

3 inserting ‘‘part B of title I (except the client assist4 ance program funded under section 112), part B of 

5 title VI, or chapter 2 and 4 of title VII including’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION

9 AND ADVOCACY OF INDIVIDUAL RIGHTS.— 

10 ‘‘(1) APPROPRIATED AMOUNTS.—Notwith11 standing any other provision of law, any funds ap12 propriated for a fiscal year to carry out a grant pro13 gram under section 112 or 509 (except as provided 

14 in section 509(b)), including any funds reallotted 

15 during that fiscal year under such grant program, 

16 that are not obligated and expended by a recipient 

17 prior to the beginning of the succeeding fiscal year, 

18 shall remain available for obligation and expenditure 

19 by such recipient during such succeeding fiscal year. 

20 ‘‘(2) PROGRAM INCOME.—Notwithstanding any 

21 other provision of law, any amount of program in22 come received by a recipient under a grant program 

23 under section 112 or 509 in a fiscal year that is not 

24 obligated and expended by the recipient prior to the 


smartinez on DSK6TPTVN1PROD with BILLS
329 

•HR 4227 IH

1 beginning of the succeeding fiscal year, shall remain 

2 available until expended.’’. 

3 SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 

4 Section 21 (29 U.S.C. 718) is amended in subsection 

5 (a), by striking paragraphs (1) and (2) and inserting the 

6 following: 

7 ‘‘(1) RACIAL PROFILE.—The demographic pro8 file of the United States is changing at an unprece9 dented rate, with the population of the Nation be10 coming far more ethnically diverse than in the past. 

11 Within the United States, while the rate of increase 

12 from 2000 to 2010 for White Americans was 7.9 

13 percent, the rate of increase during that period for 

14 racial and ethnic minorities was much higher: 42.0 

15 percent for Latinos, 11.4 percent for African-Ameri16 cans, and 34.9 percent for Asian-Americans. 

17 ‘‘(2) RATE OF DISABILITY.—Ethnic and racial 

18 minorities tend to have disabling conditions at a dis19 proportionately high rate. In 2005— 

20 ‘‘(A) among Americans ages 25 through 

21 64, the rate of disability was 17.3 percent; 

22 ‘‘(B) among African-Americans in that age 

23 range, the disability rate was more than twice 

24 as high, at 21.3 percent; and 


smartinez on DSK6TPTVN1PROD with BILLS
330 

•HR 4227 IH

1 ‘‘(C) for American Indians in the same age 

2 range, the disability rate was 25.6 percent of 

3 the general population.’’. 

4 Subtitle B—Vocational 

5 Rehabilitation Services 

6 SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF 

7 APPROPRIATIONS. 

8 (a) FINDINGS; PURPOSE; POLICY.—Section 100(a) 

9 (29 U.S.C. 720(a)) is amended— 

10 (1) in paragraph (1)(C), by striking ‘‘gainful 

11 employment in integrated settings’’ and inserting 

12 ‘‘gainful employment in competitive integrated em13 ployment settings’’; 

14 (2) in paragraph (2)(B), by striking ‘‘gainful 

15 employment’’ and inserting ‘‘high quality employ16 ment that will increase opportunities for economic 

17 self-sufficiency’’; and 

18 (3) in paragraph (3)— 

19 (A) in subparagraph (B), by striking 

20 ‘‘gainful employment in integrated settings’’ 

21 and inserting ‘‘competitive integrated employ22 ment’’; 

23 (B) in subparagraph (C)(ii), by striking 

24 ‘‘for the individuals’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
331 

•HR 4227 IH

1 (C) in subparagraph (E), by inserting 

2 ‘‘should’’ before ‘‘facilitate’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 100(b)(1) (29 U.S.C. 720(b)(1)) is amended by striking 

5 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

6 years 2012 through 2016’’. 

7 SEC. 412. STATE PLANS. 

8 (a) PLAN REQUIREMENTS.—Section 101(a) (29 

9 U.S.C. 721(a)) is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A), by striking ‘‘to 

12 participate’’ and all that follows and inserting 

13 ‘‘to receive funds under this title for a fiscal 

14 year, a State shall submit, and have approved 

15 by the Secretary and the Secretary of Labor a 

16 State plan in accordance with section 112, or a 

17 State unified plan in accordance with section 

18 113. The State plan or State unified plan shall 

19 include the provisions of a State plan for voca20 tional rehabilitation services, described in this 

21 subsection.’’; 

22 (B) in subparagraph (B)— 

23 (i) by striking ‘‘in the State plan for 

24 vocational rehabilitation services,’’ and in25 serting ‘‘as part of the vocational rehabiliVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
332 

•HR 4227 IH

1 tation services portion of the State plan or 

2 State unified plan submitted in accordance 

3 with subparagraph (A),’’; and 

4 (ii) by striking ‘‘Rehabilitation Act 

5 Amendments of 1998’’ and inserting 

6 ‘‘Workforce Investment Act of 2012’’; and 

7 (C) in subparagraph (C)— 

8 (i) by striking ‘‘The State plan shall 

9 remain in effect subject to the submission 

10 of such modifications’’ and inserting ‘‘The 

11 vocational rehabilitation services portion of 

12 the State plan or State unified plan sub13 mitted in accordance with subparagraph 

14 (A) shall remain in effect until the State is 

15 required to submit the plan in accordance 

16 with subparagraph (A) or until the submis17 sion of such modifications’’; and 

18 (ii) by striking ‘‘, until the State sub19 mits and receives approval of a new State 

20 plan’’; 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (A), by striking ‘‘The 

23 State plan’’ and inserting ‘‘The State plan for 

24 vocational rehabilitation services’’; 

25 (B) in subparagraph (B)(ii)— 


smartinez on DSK6TPTVN1PROD with BILLS
333 

•HR 4227 IH

1 (i) in subclause (III), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subclause (IV), by striking the 

4 period and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(V)(aa) has the authority and 

8 responsibility within the State to en9 sure that the funds appropriated 

10 under this title are expended only in 

11 a manner that is consistent with the 

12 purposes of this title; and 

13 ‘‘(bb) the authority and responsi14 bility described in subparagraph (aa) 

15 may not be delegated to or performed 

16 by another agency, including the des17 ignated State agency for the voca18 tional rehabilitation program, and or 

19 individual.’’; 

20 (3) in paragraph (5)— 

21 (A) in subparagraph (C), by striking 

22 ‘‘and’’ at the end; 

23 (B) by redesignating subparagraph (D) as 

24 subparagraph (E); and 


smartinez on DSK6TPTVN1PROD with BILLS
334 

•HR 4227 IH

1 (C) by inserting after subparagraph (C) 

2 the following: 

3 ‘‘(D) notwithstanding subparagraph (C), 

4 assure that the designated State unit may give 

5 priority for the provision of services to those eli6 gible individuals who require specific services or 

7 equipment in accordance with an approved indi8 vidualized plan for employment to maintain an 

9 employment outcome under the vocational reha10 bilitation program; and’’; 

11 (4) in paragraph (6)(B), by striking ‘‘to employ 

12 and advance in employment’’ and inserting ‘‘to re13 cruit, employ, and advance in competitive integrated 

14 employment’’; 

15 (5) in paragraph (7)(A)(v)— 

16 (A) by striking subclause (I) and inserting 

17 the following: 

18 ‘‘(I) a system for the continuing 

19 education of rehabilitation profes20 sionals and paraprofessionals within 

21 the designated State unit, particularly 

22 with respect to rehabilitation tech23 nology, including training imple24 mented in coordination with entities 

25 carrying out State programs under 


smartinez on DSK6TPTVN1PROD with BILLS
335 

•HR 4227 IH

1 section 4 of the Assistive Technology 

2 Act of 1998 (29 U.S.C. 3003); and’’; 

3 (6) in paragraph (8)— 

4 (A) in subparagraph (A), by striking 

5 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

6 (B) in subparagraph (B)— 

7 (i) in the matter preceding clause (i) 

8 by striking ‘‘(5)(D)’’ and inserting 

9 ‘‘(5)(E)’’; and 

10 (ii) in clause (iv), by striking 

11 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; and 

12 (C) in subparagraph (C)(i), by striking 

13 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

14 (7) in paragraph (10)— 

15 (A) in subparagraph (B), by striking ‘‘an16 nual’’ and all that follows through ‘‘of 1998’’ 

17 and inserting ‘‘annual reporting of information, 

18 on eligible individuals receiving the services, 

19 that is necessary to assess the State’s perform20 ance on those primary indicators of perform21 ance (described in section 136(b)(2)(A) of the 

22 Workforce Investment Act of 2012)’’; 

23 (B) in subparagraph (C)— 


smartinez on DSK6TPTVN1PROD with BILLS
336 

•HR 4227 IH

1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘, from each individual 

3 State,’’ after ‘‘additional data’’; 

4 (ii) in clause (i)(II), by striking ‘‘de5 termined’’ and all that follows and insert6 ing ‘‘determined to be ineligible for voca7 tional rehabilitation services, and the rea8 son for such determination of ineligibility 

9 (disaggregated by type of disability, and 

10 age);’’; 

11 (iii) in clause (ii)— 

12 (I) in subclause (I), by striking 

13 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

14 (II) in subclause (II), by striking 

15 ‘‘and’’ at the end; and 

16 (III) by adding at the end the 

17 following: 

18 ‘‘(IV) the total number of indi19 viduals with ongoing open cases 

20 (disaggregated by individuals who are 

21 in training settings, and individuals 

22 who are in postsecondary education), 

23 and the services individuals described 

24 in this subclause are receiving; 


smartinez on DSK6TPTVN1PROD with BILLS
337 

•HR 4227 IH

1 ‘‘(V) the total number of stu2 dents with disabilities that are receiv3 ing pre-employment transition serv4 ices, and the total cost for providing 

5 those services for each full fiscal year 

6 after the date of enactment of the 

7 Workforce Investment Act of 2012; 

8 ‘‘(VI) the total number of stu9 dents with disabilities that are receiv10 ing transition services, and the total 

11 cost for providing those services for 

12 each full fiscal year after the date of 

13 enactment of the Workforce Invest14 ment Act of 2012; 

15 ‘‘(VII) the number of individuals 

16 referred to one-stop centers, as de17 fined in section 134(c) of the Work18 force Investment Act of 1998; and 

19 ‘‘(VIII) the number of individuals 

20 referred from such one-stop centers to 

21 designated State units and the out22 comes of such referrals;’’; 

23 (iv) by striking all of clause (iii) and 

24 inserting the following: 


smartinez on DSK6TPTVN1PROD with BILLS
338 

•HR 4227 IH

1 ‘‘(iii) the number of applicants and el2 igible recipients, including the numbers of 

3 individuals with significant disabilities, who 

4 exited the program carried out under this 

5 title and the number who achieved employ6 ment outcomes after receiving vocational 

7 rehabilitation services, including— 

8 ‘‘(I) the number of youth with 

9 disabilities who— 

10 ‘‘(aa) entered postsecondary 

11 education and the earnings of 

12 such youth who completed post13 secondary education, by academic 

14 fields; 

15 ‘‘(bb) attained academic lev16 els and job skills needed for em17 ployment, such as a high school 

18 diploma, certificate, or other edu19 cational credential required for 

20 the employment outcome speci21 fied in the individual’s individual22 ized plan for employment; 

23 ‘‘(cc) entered postsecondary 

24 training or programs for appren25 ticeships registered under the Act 


smartinez on DSK6TPTVN1PROD with BILLS
339 

•HR 4227 IH

1 of August 16, 1937 (commonly 

2 known as the ‘National Appren3 ticeship Act’; 50 Stat. 664, chap4 ter 663; 29 U.S.C. 50 et seq.); 

5 and 

6 ‘‘(dd) the number of youth 

7 with disabilities who entered em8 ployment; 

9 ‘‘(II) for individuals who obtained 

10 an employment outcome with wages— 

11 ‘‘(aa) the average length of 

12 time for obtaining employment; 

13 ‘‘(bb) the average earnings 

14 of individuals who obtained an 

15 employment outcome; 

16 ‘‘(cc) the number who 

17 earned the minimum wage rate 

18 specified in section 6(a)(1) of the 

19 Fair Labor Standards Act of 

20 1938 (29 U.S.C. 206(a)(1)) or 

21 another wage level set by the 

22 Commissioner, during such em23 ployment; and 

24 ‘‘(dd) the number who re25 ceived employment benefits from 


smartinez on DSK6TPTVN1PROD with BILLS
340 

•HR 4227 IH

1 an employer during such employ2 ment; 

3 ‘‘(III) a comparison, among indi4 viduals who obtained employment, of 

5 the number of individuals who no 

6 longer used public benefits; and 

7 ‘‘(IV) for those individuals who 

8 received supported employment serv9 ices— 

10 ‘‘(aa) the number of individ11 uals who were employed 6 

12 months after receiving such serv13 ices; 

14 ‘‘(bb) the number of individ15 uals who were employed 12 

16 months after receiving such serv17 ices; and 

18 ‘‘(cc) the number of individ19 uals who earned wages at not 

20 less than the minimum wage rate 

21 determined under section 6(a)(1) 

22 of the Fair Labor Standards Act 

23 of 1938 (29 U.S.C. 206(a)(1)) 

24 during their employment; and’’; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
341 

•HR 4227 IH

1 (v) by striking clause (iv) and insert2 ing the following: 

3 ‘‘(iv)(I) the transition from school to 

4 postsecondary life, including employment, 

5 and achievement of the postsecondary vo6 cational goals, of students with disabilities 

7 served under the program carried out 

8 under this title; and 

9 ‘‘(II) the provision of supported em10 ployment services; and’’; 

11 (C) in subparagraph (E)(ii), by striking 

12 ‘‘of the State’’ and all that follows and inserting 

13 ‘‘of the State in meeting the standards and in14 dicators established pursuant to section 106.’’; 

15 and 

16 (D) by adding at the end the following: 

17 ‘‘(G) RULES FOR REPORTING OF DATA.— 

18 The disaggregation of data under this section 

19 shall not be required within a category if the 

20 number of participants in a category is insuffi21 cient to yield statistically reliable information, 

22 or required if the results would reveal person23 ally identifiable information about an individual 

24 participant. 


smartinez on DSK6TPTVN1PROD with BILLS
342 

•HR 4227 IH

1 ‘‘(H) COMPREHENSIVE REPORT.—The 

2 State plan shall specify that the Commissioner 

3 will provide an annual comprehensive report 

4 that includes the reports and data required 

5 under this section, as well as a summary of the 

6 reports and data, for each fiscal year. The 

7 Commissioner shall submit the report to the 

8 Committee on Education and the Workforce of 

9 the House of Representatives, the Committee 

10 on Appropriations of the House of Representa11 tives, the Committee on Health, Education, 

12 Labor, and Pensions of the Senate, and the 

13 Committee on Appropriations of the Senate, not 

14 later than 180 days after the end of the fiscal 

15 year involved.’’; 

16 (8) in paragraph (11)— 

17 (A) in subparagraph (A)(i)(II), by insert18 ing ‘‘(including programmatic accessibility and 

19 physical accessibility)’’ after ‘‘program accessi20 bility’’; 

21 (B) in subparagraph (C)— 

22 (i) by inserting ‘‘the State programs 

23 carried out under section 4 of the Assistive 

24 Technology Act of 1998 (29 U.S.C. 

25 3003),’’ after ‘‘including’’; 


smartinez on DSK6TPTVN1PROD with BILLS
343 

•HR 4227 IH

1 (ii) by inserting ‘‘noneducational 

2 agencies serving out-of-school youth,’’ after 

3 ‘‘Agriculture’’; and 

4 (iii) by striking ‘‘such agencies and 

5 programs’’ and inserting ‘‘such Federal, 

6 State, and local agencies and programs’’; 

7 (C) in subparagraph (D)— 

8 (i) in clause (ii), by striking ‘‘comple9 tion’’ and inserting ‘‘implementation’’; 

10 (ii) by redesignating clauses (iii) and 

11 (iv) as clauses (iv) and (v), respectively; 

12 and 

13 (iii) by inserting after clause (ii) the 

14 following: 

15 ‘‘(iii) identifying options for additional 

16 education and training, in order to facili17 tate the provision of services for youth 

18 with disabilities, including transition serv19 ices for students with disabilities, such as 

20 services provided under section 114;’’; 

21 (D) by redesignating subparagraphs (E) 

22 and (F) as subparagraphs (F) and (H), respec23 tively; 

24 (E) by inserting after subparagraph (D) 

25 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
344 

•HR 4227 IH

1 ‘‘(E) COORDINATION WITH EMPLOYERS.— 

2 The State plan shall contain plans, policies, and 

3 procedures for coordination between the des4 ignated State units, State workforce investment 

5 boards, local workforce investment boards, and 

6 employers that provide for building relation7 ships with employers and identifying commu8 nity-based competitive integrated employment 

9 opportunities and career exploration opportuni10 ties, in order to facilitate the provision of tran11 sition services for youth with disabilities and 

12 students with disabilities, such as services pro13 vided under section 114;’’; 

14 (F) in subparagraph (F), as redesignated 

15 by subparagraph (E) of this paragraph— 

16 (i) by inserting ‘‘chapter 1 of’’ after 

17 ‘‘part C of’’; and 

18 (ii) by inserting ‘‘, as appropriate’’ be19 fore the period; 

20 (G) by inserting after subparagraph (F), 

21 as redesignated by subparagraph (E) of this 

22 paragraph, the following: 

23 ‘‘(G) COOPERATIVE AGREEMENT REGARD24 ING INDIVIDUALS ELIGIBLE FOR HOME AND

25 COMMUNITY-BASED WAIVER PROGRAMS.—The 


smartinez on DSK6TPTVN1PROD with BILLS
345 

•HR 4227 IH

1 State plan shall include an assurance that the 

2 designated State unit has entered into a formal 

3 cooperative agreement with the State agency re4 sponsible for administering the State Medicaid 

5 plan under title XIX of the Social Security Act 

6 (42 U.S.C. 1396 et seq.) and the State des7 ignated agency described in section 125(d) of 

8 the Developmental Disabilities Assistance and 

9 Bill of Rights Act of 2000 (42 U.S.C. 15025) 

10 with respect to the delivery of vocational reha11 bilitation services, including extended services, 

12 for individuals with the most significant disabil13 ities who have been determined to be eligible for 

14 home- and community-based services under a 

15 Medicaid waiver, Medicaid State plan amend16 ment, or other authority related to a State 

17 Medicaid program. The agreement shall de18 scribe strategies for collaboration and coordina19 tion in providing vocational rehabilitation serv20 ices to such individuals receiving Medicaid 

21 home- and community-based services in a man22 ner consistent with the person-centered plan23 ning process required by Medicaid.’’; 

24 (H) in subparagraph (H), as redesignated 

25 by subparagraph (E) of this paragraph— 


smartinez on DSK6TPTVN1PROD with BILLS
346 

•HR 4227 IH

1 (i) in clause (ii)— 

2 (I) by inserting ‘‘on or’’ before 

3 ‘‘near’’; and 

4 (II) by striking ‘‘and’’ at the end; 

5 (ii) by redesignating clause (iii) as 

6 clause (iv); and 

7 (iii) by inserting after clause (ii) the 

8 following: 

9 ‘‘(iii) strategies for the provision of 

10 transition planning, by personnel of the 

11 designated State unit, the State edu12 cational agency, and the recipient of funds 

13 under part C, that will facilitate the devel14 opment and implementation of the individ15 ualized education programs under section 

16 614(d) of the Individuals with Disabilities 

17 Education Act (20 U.S.C. 1414(d)) and, 

18 as appropriate, the development and com19 pletion of the individualized plans for em20 ployment under section 102, in order to 

21 enable students with disabilities to achieve 

22 employment outcomes;’’; and 

23 (I) by adding at the end the following: 

24 ‘‘(I) COORDINATION WITH ASSISTIVE

25 TECHNOLOGY PROGRAMS.—The State plan shall 


smartinez on DSK6TPTVN1PROD with BILLS
347 

•HR 4227 IH

1 include an assurance that the designated State 

2 unit, and the lead agency and implementing en3 tity (if any) designated by the Governor of the 

4 State under section 4 of the Assistive Tech5 nology Act of 1998 (29 U.S.C. 3003), have de6 veloped working relationships and will enter 

7 into agreements for the coordination of their ac8 tivities, including the referral of individuals 

9 with disabilities to programs and activities de10 scribed in that section. 

11 ‘‘(J) COORDINATION WITH TICKET TO

12 WORK AND SELF-SUFFICIENCY PROGRAM.—The 

13 State plan shall include an assurance that the 

14 designated State unit will coordinate activities 

15 with any other State agency that is functioning 

16 as an employment network under the Ticket to 

17 Work and Self-Sufficiency Program established 

18 under section 1148 of the Social Security Act 

19 (42 U.S.C. 1320b–19).’’; 

20 (9) in paragraph (14)— 

21 (A) in the paragraph header, by striking 

22 ‘‘ANNUAL’’ and inserting ‘‘SEMIANNUAL’’; 

23 (B) in subparagraph (A)— 

24 (i) by striking ‘‘annual’’ and inserting 

25 ‘‘semiannual’’; 


smartinez on DSK6TPTVN1PROD with BILLS
348 

•HR 4227 IH

1 (ii) by striking ‘‘(and thereafter’’ and 

2 all that follows through ‘‘representative)’’ 

3 and inserting ‘‘, and annually thereafter’’; 

4 and 

5 (iii) by striking ‘‘to competitive’’ and 

6 all that follows and inserting the following: 

7 ‘‘to competitive integrated employment or 

8 training for competitive integrated employ9 ment;’’; 

10 (C) in subparagraph (B), by striking 

11 ‘‘and’’ at the end; 

12 (D) in subparagraph (C), by striking ‘‘the 

13 individuals described’’ and all that follows and 

14 inserting ‘‘individuals in attaining competitive 

15 integrated employment; and’’; and 

16 (E) by adding at the end the following: 

17 ‘‘(D) an assurance that the State will re18 port the information generated under subpara19 graphs (A), (B), and (C), for each of the indi20 viduals, to the Administrator of the Wage and 

21 Hour Division of the Department of Labor for 

22 each fiscal year, not later than 60 days after 

23 the end of the fiscal year.’’; 

24 (10) in paragraph (15)— 

25 (A) in subparagraph (A)— 


smartinez on DSK6TPTVN1PROD with BILLS
349 

•HR 4227 IH

1 (i) in clause (i)— 

2 (I) in subclause (II), by striking 

3 ‘‘and’’ at the end; and 

4 (II) by adding at the end the fol5 lowing: 

6 ‘‘(IV) individuals with disabilities 

7 receiving Medicaid home- and commu8 nity-based waiver habilitation services 

9 (reference), including pre-vocational 

10 and supported employment services; 

11 and 

12 ‘‘(V) youth with disabilities, and 

13 students with disabilities, including 

14 their need for pre-employment transi15 tion services described in section 114 

16 or other transition services; and’’; and 

17 (ii) by striking clauses (ii) and (iii) 

18 and inserting the following: 

19 ‘‘(ii) include an assessment of the 

20 needs of individuals with disabilities for 

21 transition services and pre-employment 

22 transition services provided under this Act, 

23 and coordinated with transition services 

24 provided under the Individuals with Dis25 abilities Education Act (20 U.S.C. 1400 et 


smartinez on DSK6TPTVN1PROD with BILLS
350 

•HR 4227 IH

1 seq.), and an assessment as to whether the 

2 transition and pre-employment transition 

3 services provided under those Acts meet 

4 the needs of individuals with disabilities.’’; 

5 (B) in subparagraph (B)— 

6 (i) by redesignating clause (iii) as 

7 clause (iv); and 

8 (ii) by inserting after clause (ii) the 

9 following: 

10 ‘‘(iii) the number of individuals who 

11 are eligible for services under this title, but 

12 are not receiving such services due to an 

13 order of selection; and’’; and 

14 (C) in subparagraph (D)— 

15 (i) by redesignating clauses (iii) 

16 through (v) as clauses (iv) through (vi); 

17 and 

18 (ii) by inserting after clause (ii) the 

19 following: 

20 ‘‘(iii) the methods to be used to im21 prove and expand vocational rehabilitation 

22 services for students with disabilities, in23 cluding the coordination of services de24 signed to facilitate the transition of such 

25 students from the receipt of educational 


smartinez on DSK6TPTVN1PROD with BILLS
351 

•HR 4227 IH

1 services in school to postsecondary life (in2 cluding the receipt of vocational rehabilita3 tion services under this title, postsecondary 

4 education, employment, and pre-employ5 ment transition services under section 

6 114);’’; 

7 (11) in paragraph (20)— 

8 (A) by redesignating subparagraph (B) as 

9 subparagraph (C); and 

10 (B) by inserting after subparagraph (A) 

11 the following: 

12 ‘‘(B) INFORMATION ON ASSISTANCE FOR

13 BENEFICIARIES OF ASSISTANCE UNDER TITLE

14 II OR XVI OF THE SOCIAL SECURITY ACT.—The 

15 State plan shall include an assurance that the 

16 designated State unit will make available, to in17 dividuals entitled to benefits under title II or 

18 XVI of the Social Security Act (42 U.S.C. 401 

19 et seq., 1381 et seq.) on the basis of a disability 

20 or blindness— 

21 ‘‘(i) information on the availability of 

22 benefits and medical assistance authorized 

23 under the State Medicaid program under 

24 title XIX of the Social Security Act (42 

25 U.S.C. 1396 et seq.) or under the MediVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
352 

•HR 4227 IH

1 care program under title XVIII of the So2 cial Security Act (42 U.S.C. 1395 et seq.), 

3 and medical assistance authorized under 

4 other federally funded programs; 

5 ‘‘(ii) information on the availability of 

6 assistance through benefits planning and 

7 assistance programs authorized under sec8 tion 1149 of the Social Security Act (42 

9 U.S.C. 1320b–20) and services provided by 

10 the State protection and advocacy system 

11 and authorized under section 1150 of the 

12 Social Security Act (42 U.S.C. 1320b–21); 

13 and 

14 ‘‘(iii) in the case of individuals who 

15 are also eligible for a ticket under the 

16 Ticket to Work and Self-Sufficiency Pro17 gram established under section 1148 of the 

18 Social Security Act (42 U.S.C. 1320b–19), 

19 general information regarding the options 

20 for using the ticket and information on 

21 how to contact a program manager of the 

22 Ticket to Work and Self-Sufficiency Pro23 gram to obtain information on approved 

24 employment networks, on providers for the 

25 benefits planning and assistance programs 


smartinez on DSK6TPTVN1PROD with BILLS
353 

•HR 4227 IH

1 described in clause (ii) in the State, and on 

2 the services provided by the State protec3 tion and advocacy system and described in 

4 clause (ii).’’; and 

5 (12) by adding at the end the following: 

6 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL7 ITIES.—The State plan shall provide an assurance 

8 satisfactory to the Secretary that, with respect to 

9 students with disabilities, the State— 

10 ‘‘(A) has developed and will implement— 

11 ‘‘(i) strategies to address the needs 

12 identified in the assessments described in 

13 paragraph (15); and 

14 ‘‘(ii) strategies to achieve the goals 

15 and priorities identified by the State, in ac16 cordance with paragraph (15), to improve 

17 and expand vocational rehabilitation serv18 ices for students with disabilities on a 

19 statewide basis; and 

20 ‘‘(B) has developed and will implement a 

21 plan to carry out the provision of pre-employ22 ment transition services in accordance with sec23 tion 114. 

24 ‘‘(26) JOB GROWTH AND DEVELOPMENT.—The 

25 State plan shall provide an assurance describing how 


smartinez on DSK6TPTVN1PROD with BILLS
354 

•HR 4227 IH

1 the State will utilize initiatives involving in-demand 

2 industry sectors or occupations as defined in section 

3 101 of the Workforce Investment Act of 2012 to in4 crease competitive integrated employment opportuni5 ties for individuals with disabilities.’’. 

6 (b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) 

7 is amended to read as follows: 

8 ‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The 

9 State plan for vocational rehabilitation services shall be 

10 subject to— 

11 ‘‘(1) section 112 of the Workforce Investment 

12 Act of 1998, in a case in which that plan is a por13 tion of the State plan described in that section 112; 

14 and 

15 ‘‘(2) section 113 of such Act in a case in which 

16 that State plan for vocational rehabilitation services 

17 is a portion of the State unified plan described in 

18 that section 113.’’. 

19 (c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is 

20 amended by adding at the end the following: 

21 ‘‘(c) CONSTRUCTION.—Nothing in this part shall be 

22 construed to reduce the obligation of a local educational 

23 agency or any other agency to provide or pay for any tran24 sition services that are allowable under the programs of 

25 the respective agencies.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
355 

•HR 4227 IH

1 SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM2 PLOYMENT. 

3 (a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) 

4 is amended— 

5 (1) in paragraph (2)— 

6 (A) in subparagraph (A)— 

7 (i) in the subparagraph header, by 

8 striking ‘‘DEMONSTRATION’’ and inserting 

9 ‘‘APPLICANTS’’; and 

10 (ii) by striking ‘‘, unless’’ and all that 

11 follows and inserting a period; and 

12 (B) in subparagraph (B)— 

13 (i) in the subparagraph header, by 

14 striking ‘‘METHODS’’ and inserting ‘‘RE15 SPONSIBILITIES’’; 

16 (ii) in the first sentence— 

17 (I) by striking ‘‘In making the 

18 demonstration required under sub19 paragraph (A),’’ and inserting ‘‘Prior 

20 to determining under this subsection 

21 that an applicant described in sub22 paragraph (A) is unable to benefit due 

23 to the severity of the individual’s dis24 ability or that the individual is ineli25 gible for vocational rehabilitation serv26 ices,’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
356 

•HR 4227 IH

1 (II) by striking ‘‘, except under’’ 

2 and all that follows and inserting a 

3 period; and 

4 (iii) in the second sentence, by strik5 ing ‘‘individual or to determine’’ and all 

6 that follows and inserting ‘‘individual. In 

7 providing the trial experiences, the des8 ignated State unit shall provide the indi9 vidual with the opportunity to try different 

10 employment experiences, including sup11 ported employment, and the opportunity to 

12 become employed in competitive integrated 

13 employment.’’; 

14 (2) in paragraph (3)(A)(ii), by striking ‘‘out15 come from’’ and all that follows and inserting ‘‘out16 come, including supported employment, from voca17 tional rehabilitation services due to the current (as 

18 of the date of the determination) severity of the dis19 ability of the individual.’’; 

20 (3) in paragraph (5)— 

21 (A) in the matter preceding subparagraph 

22 (A)— 

23 (i) by striking ‘‘If an individual’’ and 

24 inserting ‘‘If, after the designated State 

25 unit carries out the activities described in 


smartinez on DSK6TPTVN1PROD with BILLS
357 

•HR 4227 IH

1 paragraph (2)(B), a review of existing 

2 data, and, to the extent necessary, the as3 sessment activities described in section 

4 7(2)(A)(ii), an individual’’; and 

5 (ii) by striking ‘‘is determined’’ and 

6 all that follows through ‘‘not to be’’ and in7 serting ‘‘is determined not to be’’; 

8 (B) by redesignating subparagraphs (A) 

9 through (D) as subparagraphs (B) through (E), 

10 respectively; 

11 (C) by inserting before subparagraph (B) 

12 the following: 

13 ‘‘(A) the ineligibility determination shall be 

14 an individualized one, based on the available 

15 data, and shall not be based on disability cat16 egory;’’; and 

17 (D) in clause (i) of subparagraph (C), as 

18 redesignated by subparagraph (B) of this para19 graph, by inserting after ‘‘determination’’ the 

20 following: ‘‘, including clear and convincing evi21 dence that forms the basis for the determina22 tion of ineligibility’’; and 

23 (4) in paragraph (6), by striking ‘‘60 days’’ 

24 each place it appears and inserting ‘‘45 days’’. 


smartinez on DSK6TPTVN1PROD with BILLS
358 

•HR 4227 IH

1 (b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN

2 FOR EMPLOYMENT, AND RELATED INFORMATION.—Sec3 tion 102(b) (29 U.S.C. 722(b))— 

4 (1) in paragraph (1)— 

5 (A) by redesignating subparagraphs (B), 

6 (C), and (D) as subparagraphs (C), and (D), 

7 and (E), respectively; and 

8 (B) by inserting after subparagraph (A) 

9 the following: 

10 ‘‘(B) information on the availability of as11 sistance from consumer organizations, as de12 fined in section 106(a)(4) (including a listing of 

13 such organizations) that can assist an indi14 vidual in the development of an individualized 

15 plan for employment;’’; 

16 (2) in paragraph (3), as redesignated by para17 graph (2) of this subsection— 

18 (A) in subparagraph (E)— 

19 (i) in clause (i), by striking ‘‘and’’ at 

20 the end; 

21 (ii) in clause (ii), by striking the pe22 riod and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
359 

•HR 4227 IH

1 ‘‘(iii) amended, as necessary, to in2 clude the post-employment services and 

3 service providers that are necessary for the 

4 individual to maintain or regain employ5 ment, consistent with the individual’s 

6 strengths, resources, priorities, concerns, 

7 abilities, capabilities, interests, and in8 formed choice.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(F) TIMEFRAME FOR COMPLETING THE

11 INDIVIDUALIZED PLAN FOR EMPLOYMENT.— 

12 The individualized plan for employment shall be 

13 developed as soon as possible, but not later 

14 than a deadline of 90 days after the date of the 

15 determination of eligibility described in para16 graph (1), unless the designated State unit and 

17 the eligible individual agree to an extension of 

18 that deadline to a specific date by which the in19 dividualized plan for employment shall be com20 pleted. 

21 ‘‘(G) FAILURE TO DEVELOP THE INDIVID22 UALIZED PLAN FOR EMPLOYMENT WITHIN THE

23 SPECIFIED TIMEFRAME.—In the event the indi24 vidualized plan for employment is not completed 

25 by the deadline or extended deadline, as approVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
360 

•HR 4227 IH

1 priate, under subparagraph (F), the eligible in2 dividual shall have the right to request both me3 diation and an impartial due process hearing 

4 according to the procedures described in sub5 section (c). At such hearing, the hearing officer 

6 shall have the authority to order the designated 

7 State unit to complete the individualized plan 

8 for employment within a specific period of time, 

9 not to exceed 60 days from the date of the deci10 sion, in addition to any other authority given to 

11 the officer under this section.’’; and 

12 (3) in paragraph (3)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘choice of the’’ and all that follows and insert15 ing ‘‘choice of the eligible individual, consistent 

16 with the employment outcome of competitive in17 tegrated employment (except that in the case of 

18 an eligible individual who is a student, the de19 scription may be a description of the student’s 

20 projected employment outcome);’’; 

21 (B) in subparagraph (B)(i)— 

22 (i) by redesignating subclause (II) as 

23 subclause (III); and 

24 (ii) by striking subclause (I) and in25 serting the following: 


smartinez on DSK6TPTVN1PROD with BILLS
361 

•HR 4227 IH

1 ‘‘(I) needed to achieve the employ2 ment outcome, including, as appropriate— 

3 ‘‘(aa) the provision of assistive 

4 technology devices and assistive tech5 nology services (including referrals de6 scribed in section 103(a)(3) to the de7 vice reutilization programs and dem8 onstrations described in subpara9 graphs (B) and (D) of section 4(e)(2) 

10 of the Assistive Technology Act of 

11 1998 (29 U.S.C. 3003(e)(2))) through 

12 agreements developed under section 

13 101(a)(11)(H); and 

14 ‘‘(bb) personal assistance services 

15 (including training in the management 

16 of such services); 

17 ‘‘(II) in the case of a plan for an eligi18 ble individual that is a student, the specific 

19 transition services and supports (including 

20 work experience, mentoring activities, and 

21 supported employment) needed to achieve 

22 the student’s employment outcome or pro23 jected employment outcome; and’’; 

24 (C) in subparagraph (F), by striking 

25 ‘‘and’’ at the end; 


smartinez on DSK6TPTVN1PROD with BILLS
362 

•HR 4227 IH

1 (D) in subparagraph (G), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (E) by adding at the end the following: 

4 ‘‘(H) for an individual who also is receiving 

5 assistance from an employment network under 

6 the Ticket to Work and Self-Sufficiency Pro7 gram established under section 1148 of the So8 cial Security Act (42 U.S.C. 1320b–19), a list 

9 of the services that are listed in the individual 

10 work plan that the individual developed with 

11 the employment network under subsection (g) 

12 of that section, and a description of how re13 sponsibility for service delivery will be divided 

14 between the employment network and the des15 ignated State unit in accordance with the agree16 ment between the two parties required under 

17 the Ticket to Work and Self-Sufficiency Pro18 gram.’’. 

19 (c) PROCEDURES.—Section 102(c) (29 U.S.C. 

20 722(c)) is amended— 

21 (1) in paragraph (1), by adding at the end the 

22 following: ‘‘These procedures also shall allow for the 

23 review of any delay in the vocational rehabilitation 

24 process.’’; 

25 (2) in paragraph (2)— 


smartinez on DSK6TPTVN1PROD with BILLS
363 

•HR 4227 IH

1 (A) in subparagraph (A)— 

2 (i) in clause (ii), by striking ‘‘and’’ at 

3 the end; 

4 (ii) in clause (iii), by striking the pe5 riod and inserting ‘‘; and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iv) any applicable State limit on the 

9 time by which a request for mediation 

10 under paragraph (4) or a hearing under 

11 paragraph (5) shall be made, and any re12 quired procedure by which the request 

13 shall be made.’’; and 

14 (B) in subparagraph (B)(iii), by inserting 

15 ‘‘the denial,’’ before ‘‘reduction,’’; and 

16 (3) in paragraph (5)— 

17 (A) by striking subparagraph (A) and in18 serting the following: 

19 ‘‘(A) OFFICER.—A due process hearing de20 scribed in paragraph (2) shall be conducted by 

21 an impartial hearing officer who, on reviewing 

22 all the evidence presented, shall issue a written 

23 decision based on the provisions of the approved 

24 State plan, requirements specified in this Act 

25 (including regulations implementing this Act), 


smartinez on DSK6TPTVN1PROD with BILLS
364 

•HR 4227 IH

1 and State regulations and policies that are con2 sistent with the Federal requirements specified 

3 in this title. The officer shall provide the writ4 ten decision to the applicant or eligible indi5 vidual, or, as appropriate, the applicant’s rep6 resentative or individual’s representative, and to 

7 the designated State unit. The impartial hear8 ing officer shall have the authority to render a 

9 decision and require actions, consistent with the 

10 requirements specified in this title (including 

11 regulations implementing this title), regarding 

12 all aspects of the applicant’s or eligible individ13 ual’s vocational rehabilitation services under 

14 this title.’’; and 

15 (B) in subparagraph (B), by striking ‘‘in 

16 laws (including regulations)’’ and inserting 

17 ‘‘about Federal and State laws (including regu18 lations) and the approved State plan’’. 

19 SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

20 Section 103 (29 U.S.C. 723) is amended— 

21 (1) in subsection (a)— 

22 (A) by striking paragraph (15) and insert23 ing the following: 

24 ‘‘(15) transition services for students with dis25 abilities, that facilitate the transition from school to 


smartinez on DSK6TPTVN1PROD with BILLS
365 

•HR 4227 IH

1 postsecondary life, such as achievement of an em2 ployment outcome in competitive integrated employ3 ment, or pre-employment transition services de4 scribed in section 114;’’; 

5 (B) by redesignating paragraphs (17) and 

6 (18) as paragraphs (18) and (19), respectively; 

7 (C) by inserting after paragraph (16) the 

8 following: 

9 ‘‘(17) customized employment services;’’; 

10 (D) in paragraph (18), as redesignated by 

11 subparagraph (C) of this paragraph, by striking 

12 the ‘‘and’’ at the end; 

13 (E) in paragraph (19), as redesignated by 

14 subparagraph (C) of this paragraph, by striking 

15 the period and inserting ‘‘; and’’; and 

16 (F) by adding at the end the following: 

17 ‘‘(20) mentoring services.’’; and 

18 (2) in subsection (b)— 

19 (A) in paragraph (2)(A), by striking the 

20 second sentence and inserting ‘‘Such programs 

21 shall be used to provide services that promote 

22 integration into the community and that result 

23 in competitive integrated employment, including 

24 supported employment and customized employ25 ment.’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
366 

•HR 4227 IH

1 (B) by striking paragraph (6) and insert2 ing the following: 

3 ‘‘(6) Consultation and technical assistance serv4 ices to assist State educational agencies and local 

5 educational agencies in planning for the transition of 

6 students with disabilities from school to postsec7 ondary life, including employment.’’. 

8 SEC. 415. STATE REHABILITATION COUNCIL. 

9 Section 105 (29 U.S.C. 725) is amended— 

10 (1) in subsection (b)(1)— 

11 (A) in subparagraph (A)— 

12 (i) by striking clause (ix) and insert13 ing the following: 

14 ‘‘(ix) in a State in which one or more 

15 projects are funded under section 121 and 

16 in which such services are provided 

17 through those projects, at least one rep18 resentative of the directors of the projects 

19 located in such State;’’; 

20 (ii) in clause (x), by striking ‘‘and’’ at 

21 the end; 

22 (iii) in clause (xi), by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (iv) by adding at the end the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
367 

•HR 4227 IH

1 ‘‘(xii) the director of the State’s com2 prehensive statewide program of tech3 nology-related assistance funded under sec4 tion 4 of the Assistive Technology Act of 

5 1998 (29 U.S.C. 3003).’’; and 

6 (B) in subparagraph (B)— 

7 (i) in clause (xi), by striking ‘‘and’’ at 

8 the end; 

9 (ii) in clause (xii), by striking the pe10 riod and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(xiii) the director of the State’s com14 prehensive statewide program of tech15 nology-related assistance funded under sec16 tion 4 of the Assistive Technology Act of 

17 1998 (29 U.S.C. 3003).’’; and 

18 (2) in subsection (c)(6), by striking ‘‘Service 

19 Act’’ and all that follows and inserting ‘‘Service Act 

20 (42 U.S.C. 300x–3(a)) and the State workforce in21 vestment board, and with the activities of entities 

22 carrying out programs under the Assistive Tech23 nology Act of 1998 (29 U.S.C. 3001 et seq.);’’. 

24 SEC. 416. PERFORMANCE ACCOUNTABILITY MEASURES. 

25 Section 106 (29 U.S.C. 726) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
368 

•HR 4227 IH

1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) STANDARDS AND INDICATORS.—The eval5 uation standards and performance indicators for the 

6 vocational rehabilitation program carried out under 

7 this title shall be subject to the performance ac8 countability provisions described in section 136(b) of 

9 the Workforce Investment Act of 2012. 

10 ‘‘(2) ADDITIONAL PERFORMANCE ACCOUNT11 ABILITY INDICATORS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Commissioner may establish 

14 through regulation additional performance ac15 countability indicators, which may include out16 come and related measures of program perform17 ance. 

18 ‘‘(B) COMMENT.—Such additional per19 formance accountability indicators shall be de20 veloped with input from State vocational reha21 bilitation agencies, related professional and con22 sumer organizations, recipients of vocational re23 habilitation services, and other interested par24 ties. 


smartinez on DSK6TPTVN1PROD with BILLS
369 

•HR 4227 IH

1 ‘‘(3) REPORTS.—Each State that receives funds 

2 under this title shall submit a report to the Commis3 sioner containing information on any additional per4 formance accountability indicators established under 

5 paragraph (2). 

6 ‘‘(4) CONSUMER ORGANIZATION.—In this sub7 section, the term ‘consumer organization’ means a 

8 membership organization, or disability advocacy 

9 group, for which a majority of the members of the 

10 board of directors of the organization or group are 

11 individuals with disabilities or family members of in12 dividuals with disabilities.’’; and 

13 (2) in subsection (b)(2)(B), by striking clause 

14 (i) and inserting the following: 

15 ‘‘(i) on a biannual basis, review the 

16 program improvement efforts of the State 

17 and, if the State has not improved its per18 formance to acceptable levels, as deter19 mined by the Commissioner, direct the 

20 State to make revisions to the plan to im21 prove performance; and’’. 

22 SEC. 417. MONITORING AND REVIEW. 

23 (a) IN GENERAL.—Section 107(a) (29 U.S.C. 

24 727(a)) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
370 

•HR 4227 IH

1 (1) in paragraph (3)(E), by inserting before the 

2 period the following: ‘‘, including personnel of a cli3 ent assistance program under section 112, and past 

4 or current recipients of vocational rehabilitation 

5 services’’; and 

6 (2) in paragraph (4)— 

7 (A) by striking subparagraphs (A) and (B) 

8 and inserting the following: 

9 ‘‘(A)(i) the eligibility process to ensure 

10 compliance with the requirements set forth in 

11 section 102(a); and 

12 ‘‘(ii) implementation of an order of selec13 tion, if applicable, to ensure compliance with 

14 the requirements set forth in section 101(a)(5); 

15 and 

16 ‘‘(B) the provision of services to ensure 

17 compliance with section 103;’’; 

18 (B) in subparagraph (C), by striking 

19 ‘‘and’’ at the end; 

20 (C) by redesignating subparagraph (D) as 

21 subparagraph (E); and 

22 (D) by inserting after subparagraph (C) 

23 the following: 

24 ‘‘(D) data on individuals determined to be 

25 ineligible for services due to severity of their 


smartinez on DSK6TPTVN1PROD with BILLS
371 

•HR 4227 IH

1 disability, to determine if systematic changes 

2 could result in increased capacity to meet the 

3 needs of such individuals; and’’. 

4 (b) REVIEW.—Section 107(d) of the Rehabilitation 

5 Act of 1973 (29 U.S.C. 727(d)) is amended, in paragraphs 

6 (1) and (2), by striking ‘‘a final determination of the Com7 missioner under section 101(b) or subsection (c)’’ and in8 serting ‘‘a final determination on a State plan for voca9 tional rehabilitation services under the procedures ref10 erenced in section 101(b), or a final determination by the 

11 Commissioner under subsection (c)’’. 

12 SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS. 

13 Section 109 (29 U.S.C. 728a) is amended to read as 

14 follows: 

15 ‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 

16 ‘‘A State may expend payments received under sec17 tion 111 to educate and provide services to employers who 

18 have hired or are interested in hiring individuals with dis19 abilities under programs carried out under this title, in20 cluding— 

21 ‘‘(1) providing training and technical assistance 

22 to employers regarding the employment of individ23 uals with disabilities, including disability awareness, 

24 and the requirements of the Americans with DisabilVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
372 

•HR 4227 IH

1 ities Act of 1990 (42 U.S.C. 12101 et seq.) and 

2 other employment-related laws; 

3 ‘‘(2) working with employers to— 

4 ‘‘(A) provide opportunities for work-based 

5 learning experience (including internships, 

6 short-term employment, apprenticeships, and 

7 fellowships), such as opportunities in conjunc8 tion with pre-employment transition services; 

9 ‘‘(B) recruit qualified applicants with dis10 abilities; 

11 ‘‘(C) train employees with disabilities; and 

12 ‘‘(D) promote retention of employees who 

13 are at risk of losing a job due to disability-re14 lated barriers; 

15 ‘‘(3) providing consultations, technical assist16 ance, and support to employers on workplace accom17 modations, assistive technology, and facilities and 

18 workplace access; 

19 ‘‘(4) assisting employers with utilizing available 

20 financial support, including tax credits and deduc21 tions available for hiring or accommodating individ22 uals with disabilities; and 

23 ‘‘(5) supporting the development of working re24 lationships between State vocational rehabilitation 

25 agencies, the workforce investment system, their 


smartinez on DSK6TPTVN1PROD with BILLS
373 

•HR 4227 IH

1 community partners, and employers on multi-State 

2 and national levels, including— 

3 ‘‘(A) encouraging employers to recruit 

4 qualified individuals with disabilities for avail5 able employment opportunities; 

6 ‘‘(B) facilitating such recruitment by dis7 seminating information about specific available 

8 employment opportunities to qualified individ9 uals who are recipients of vocational rehabilita10 tion services under this subtitle, or who are ap11 plicants for such services; 

12 ‘‘(C) matching qualified individuals who 

13 are recipients of vocational rehabilitation serv14 ices under this subtitle, or who are applicants 

15 for such services, with employers that have 

16 available employment opportunities on the local, 

17 regional, or national level; and 

18 ‘‘(D) providing support services, as appro19 priate, to employers to facilitate the hiring of 

20 qualified individuals who are recipients of voca21 tional rehabilitation services under this subtitle, 

22 or who are applicants for such services.’’. 

23 SEC. 419. STATE ALLOTMENTS. 

24 (a) IN GENERAL.—Section 110 (29 U.S.C. 730) is 

25 amended— 


smartinez on DSK6TPTVN1PROD with BILLS
374 

•HR 4227 IH

1 (1) in subsection (a)(1), by striking ‘‘Subject to 

2 the provisions of subsection (c)’’ and inserting ‘‘Sub3 ject to the provisions of subsections (c), (d), and (e), 

4 and section 303(d)’’; and 

5 (2) by striking subsections (b) and (c) and in6 serting the following: 

7 ‘‘(b)(1) Not later than 45 days prior to the end of 

8 the fiscal year, the Commissioner shall determine, after 

9 reasonable opportunity for the submission to the Commis10 sioner of comments by the State agency administering or 

11 supervising the program established under this title, 

12 whether any amount from the payment of an allotment 

13 to a State under section 111(a) for any fiscal year will 

14 not be utilized by such State in carrying out the purposes 

15 of this title. 

16 ‘‘(2)(A) As soon as practicable but not later than the 

17 end of the fiscal year, the Commissioner shall reallot the 

18 amount available under paragraph (1) to other States, 

19 consistent with subparagraphs (B) and (C), for carrying 

20 out the purposes of this title to the extent the Commis21 sioner determines that another State will be able to use 

22 an additional amount, during that fiscal year or the subse23 quent fiscal year for carrying out such purposes. 

24 ‘‘(B)(i) The Commissioner shall reallot a portion of 

25 the amount available under paragraph (1) for a fiscal year 


smartinez on DSK6TPTVN1PROD with BILLS
375 

•HR 4227 IH

1 to each State whose allotment under subsection (a) for 

2 such fiscal year is less than such State’s allotment under 

3 subsection (a) for the immediately preceding fiscal year, 

4 adjusted by the percentage change in the funds available 

5 for subsection (a) from the immediately preceding fiscal 

6 year. 

7 ‘‘(ii)(I) Subject to subclause (II), a State that is eligi8 ble to receive a reallotment under clause (i) shall receive 

9 a portion for a fiscal year from the amount available for 

10 reallotment under paragraph (1) that is equal to the dif11 ference between— 

12 ‘‘(aa) the amount such State was allotted under 

13 subsection (a) for such fiscal year; and 

14 ‘‘(bb) the amount such State was allotted under 

15 subsection (a) for the immediately preceding fiscal 

16 year, adjusted by the percentage change in the funds 

17 available for subsection (a) from the immediately 

18 preceding fiscal year. 

19 ‘‘(II) If the amount available for reallotment under 

20 paragraph (1) is insufficient to provide each State eligible 

21 to receive a reallotment under clause (i) with the portion 

22 described in subclause (I), the amount reallotted to each 

23 eligible State shall be determined by the Commissioner. 

24 ‘‘(C) If there are funds remaining after each State 

25 eligible to receive a reallotment under subparagraph (B)(i) 


smartinez on DSK6TPTVN1PROD with BILLS
376 

•HR 4227 IH

1 receives the portion described in subparagraph (B)(ii), the 

2 Commissioner shall reallot the remaining funds among the 

3 States requesting a reallotment. 

4 ‘‘(3) The Commissioner shall reallot an amount to a 

5 State under this subsection only if the State will be able 

6 to make sufficient payments from non-Federal sources to 

7 pay for the non-Federal share of the cost of vocational 

8 rehabilitation services under the State plan for the fiscal 

9 year for which the amount was appropriated. 

10 ‘‘(4) For the purposes of this part, any portion made 

11 available to a State for any fiscal year pursuant to this 

12 subsection shall be regarded as an increase of such State’s 

13 allotment (as determined under the preceding provisions 

14 of this section) for such year. 

15 ‘‘(c)(1) For fiscal year 2012 and for each fiscal year 

16 thereafter, the Commissioner shall reserve, from the funds 

17 appropriated under section 100(b)(1) for each fiscal year, 

18 an amount that is not less than 1.23 percent and not more 

19 than 1.5 percent of those funds in order to carry out sec20 tion 121, provided that the minimum percentage that may 

21 be reserved shall increase by 0.01 percent for each suc22 ceeding fiscal year after fiscal year 2012. 

23 ‘‘(2) Notwithstanding paragraph (1), there shall be 

24 no increase in the minimum percentage of funds reserved 


smartinez on DSK6TPTVN1PROD with BILLS
377 

•HR 4227 IH

1 under paragraph (1) unless there is an equivalent increase 

2 in the funds appropriated under section 100(b)(1).’’. 

3 (b) RESERVATION FOR TRANSITION AND PRE-EM4 PLOYMENT TRANSITION SERVICES.—Section 110 (29 

5 U.S.C. 730) is amended by adding at the end the fol6 lowing: 

7 ‘‘(d) From any State allotment under subsection (a) 

8 for a fiscal year, the State shall reserve not less than 10 

9 percent of the allotted funds for the provision of transition 

10 services to assist students with disabilities and youth with 

11 disabilities in transitioning from education or training to 

12 employment, which includes pre-employment transition 

13 services under section 114.’’. 

14 SEC. 420. CLIENT ASSISTANCE PROGRAM. 

15 Section 112 (29 U.S.C. 732) is amended— 

16 (1) in subsection (a), in the first sentence— 

17 (A) by striking ‘‘grants to States’’ and in18 serting ‘‘grants to agencies designated under 

19 subsection (c) (referred to individually in this 

20 section as a ‘designated CAP agency’)’’; 

21 (B) by inserting ‘‘including under sections 

22 114,’’ after ‘‘all available benefits under this 

23 Act,’’; and 

24 (C) by inserting ‘‘and eligibility’’ after ‘‘to 

25 ensure the protection of the rights’’; 


smartinez on DSK6TPTVN1PROD with BILLS
378 

•HR 4227 IH

1 (2) in subsection (b), by striking the matter 

2 preceding paragraph (1) and inserting ‘‘Neither an 

3 agency within the State, nor the State, may receive 

4 payments from an allotment under subsection (e) in 

5 any fiscal year unless the State has designated 

6 under subsection (c) an agency that—’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (2), by inserting ‘‘(as de9 fined in section 106(a))’’ after ‘‘consumer orga10 nizations’’; and 

11 (B) in paragraph (3), by striking ‘‘agency 

12 designated under this subsection’’ and inserting 

13 ‘‘designated CAP agency’’; 

14 (4) in subsection (d), by striking ‘‘agency des15 ignated under subsection (c) of this section’’ and in16 serting ‘‘designated CAP agency’’; 

17 (5) in subsection (e)— 

18 (A) in paragraph (1)— 

19 (i) by striking subparagraph (A) and 

20 inserting the following: 

21 ‘‘(A) After reserving funds under subparagraphs (E) 

22 and (F), the Secretary shall allot the remainder of the 

23 sums appropriated for each fiscal year under this section 

24 among the designated CAP agencies within the States on 


smartinez on DSK6TPTVN1PROD with BILLS
379 

•HR 4227 IH

1 the basis of relative population of each State, except that 

2 no such agency shall receive less than $50,000.’’; 

3 (ii) in subparagraph (B), by inserting 

4 ‘‘the designated CAP agencies located in’’ 

5 before ‘‘American Samoa’’; and 

6 (iii) by striking subparagraph (D) and 

7 inserting the following: 

8 ‘‘(D)(i) For any fiscal year for which the funds ap9 propriated for such fiscal year under subsection (h) exceed 

10 $7,500,000, the minimum allotment under this subsection 

11 shall be $100,000 for the designated CAP agencies located 

12 in States and $45,000 for the designated CAP agencies 

13 located in territories. 

14 ‘‘(ii) For any fiscal year for which the total amount 

15 appropriated under subsection (h) exceeds the total 

16 amount appropriated under such subsection (or the cor17 responding provision) for the preceding fiscal year, the 

18 Secretary shall increase each of the minimum allotments 

19 under clause (i) by a percentage that shall not exceed the 

20 percentage increase, calculated by dividing such total 

21 amount for the fiscal year involved by such total amount 

22 for the preceding fiscal year. 

23 ‘‘(E)(i) For any fiscal year for which the amount ap24 propriated under subsection (h) equals or exceeds 

25 $13,000,000, the Secretary shall reserve funds approVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
380 

•HR 4227 IH

1 priated under subsection (h) to make a grant to the pro2 tection and advocacy system serving the American Indian 

3 Consortium, to provide designated CAP agency services in 

4 accordance with the requirements of this section. The 

5 amount of such a grant shall be the same amount as is 

6 provided to a territory under subparagraph (B), as in7 creased under clauses (i) and, if applicable, (ii) of subpara8 graph (D). 

9 ‘‘(ii) In this subparagraph: 

10 ‘‘(I) The term ‘American Indian Consortium’ 

11 has the meaning given the term in section 102 of the 

12 Developmental Disabilities Assistance and Bill of 

13 Rights Act of 2000 (42 U.S.C. 15002). 

14 ‘‘(II) The term ‘protection and advocacy sys15 tem’ means a protection and advocacy system estab16 lished under subtitle C of title I of the Develop17 mental Disabilities Assistance and Bill of Rights Act 

18 of 2000 (42 U.S.C. 15041 et seq.). 

19 ‘‘(F) For any fiscal year for which the amount appro20 priated under subsection (h) equals or exceeds 

21 $14,000,000, the Secretary shall reserve not less than 1.8 

22 percent and not more than 2.2 percent of such amount 

23 to provide a grant for training and technical assistance 

24 for the programs established under this section. Such 


smartinez on DSK6TPTVN1PROD with BILLS
381 

•HR 4227 IH

1 training and technical assistance shall be coordinated with 

2 activities provided under section 509(c)(1)(A).’’; 

3 (B) in paragraph (2)— 

4 (i) except as provided in clause (ii), by 

5 striking ‘‘State’’ each place it appears and 

6 inserting ‘‘designated CAP agency’’; and 

7 (ii) by striking ‘‘States’’ each place it 

8 appears and inserting ‘‘designated CAP 

9 agencies’’; and 

10 (C) in paragraph (3), by striking ‘‘agency 

11 designated’’ and all that follows and inserting 

12 ‘‘designated CAP agency the amount specified 

13 in the application approved under subsection 

14 (f).’’; 

15 (6) in subsection (f), by striking ‘‘State’’ and 

16 inserting ‘‘designated CAP agency’’; 

17 (7) in paragraph (1) of subsection (g), by strik18 ing ‘‘such programs’’ and inserting ‘‘the designated 

19 CAP agency of a State’’; and 

20 (8) in subsection (h), by striking ‘‘1999 

21 through 2003’’ and inserting ‘‘2012 through 2016’’. 

22 SEC. 421. TECHNICAL ASSISTANCE FOR QUALITY SERVICES. 

23 Part B of title I (29 U.S.C. 730 et seq.), is amended 

24 by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
382 

•HR 4227 IH

1 ‘‘SEC. 113. ADDITIONAL TECHNICAL ASSISTANCE. 

2 ‘‘The Commissioner shall provide technical assistance 

3 for programs provided under this title regarding improv4 ing the quality of vocational rehabilitation services pro5 vided through the programs, including— 

6 ‘‘(1) consulting with the Department of Labor, 

7 the Small Business Administration, other appro8 priate Federal agencies, State and local workforce 

9 investment boards, and businesses or business-led 

10 intermediaries; 

11 ‘‘(2) based on information obtained through the 

12 consultations, providing— 

13 ‘‘(A) technical assistance that improves 

14 quality by enabling designated State units to 

15 develop successful partnerships with local and 

16 multi-State businesses in an effort to employ in17 dividuals with disabilities; and 

18 ‘‘(B) technical assistance on developing 

19 self-employment opportunities and improving 

20 employment outcomes for individuals with dis21 abilities; and 

22 ‘‘(3) providing technical assistance to improve 

23 the quality of vocation rehabilitation services pro24 grams carried out under section 121.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
383 

•HR 4227 IH

1 SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES. 

2 Part B of title I (29 U.S.C. 730 et seq.), as amended 

3 by section 521, is further amended by adding at the end 

4 the following: 

5 ‘‘SEC. 114. PROVISION OF PRE-EMPLOYMENT TRANSITION 

6 SERVICES FOR STUDENTS WITH DISABIL7 ITIES. 

8 ‘‘(a) IN GENERAL.—From the funds reserved under 

9 section 110(d), and funds made available from State, 

10 local, and private funding sources (consistent with require11 ments that apply to the acceptance and use of such funds), 

12 each State shall ensure that— 

13 ‘‘(1) the designated State unit shall provide, or 

14 arrange for the provision of, pre-employment transi15 tion services for all students with disabilities who are 

16 in need of such services; and 

17 ‘‘(2) the designated State unit will not expend 

18 more than 5 percent of the funds reserved to carry 

19 out this section to pay for the administrative costs 

20 associated with providing pre-employment transition 

21 services under this section. 

22 ‘‘(b) LOCAL PRE-EMPLOYMENT TRANSITION COOR23 DINATOR.— 

24 ‘‘(1) COORDINATOR.—Each local office of a des25 ignated State unit shall designate at least 1 staff 

26 person to carry out the responsibilities of a Local 


smartinez on DSK6TPTVN1PROD with BILLS
384 

•HR 4227 IH

1 Pre-Employment Transition Coordinator for stu2 dents with disabilities, as well as appropriate staff to 

3 support the Coordinator in carrying out the respon4 sibilities as described in paragraph (2). 

5 ‘‘(2) RESPONSIBILITIES.—It shall be the re6 sponsibility of a Local Pre-Employment Transition 

7 Coordinator to— 

8 ‘‘(A) attend individualized education pro9 gram meetings, as appropriate, for students 

10 with disabilities; 

11 ‘‘(B) work with the local workforce invest12 ment boards, one-stop centers, and employers to 

13 develop job opportunities for students with dis14 abilities, including internships, summer employ15 ment opportunities and other employment op16 portunities available throughout the school year, 

17 and apprenticeships; and 

18 ‘‘(C) work with schools, including those 

19 carrying out activities under section 

20 614(d)(1)(A)(i)(VIII) of the Individuals with 

21 Disabilities Education Act (20 U.S.C. 

22 1414(d)(1)(A)(i)(VIII)), to coordinate and en23 sure the provision of pre-employment transition 

24 services for students with disabilities, including 


smartinez on DSK6TPTVN1PROD with BILLS
385 

•HR 4227 IH

1 services described in clauses (i) through (v) of 

2 section 7(30)(B). 

3 ‘‘(c) NATIONAL PRE-EMPLOYMENT TRANSITION CO4 ORDINATION.— 

5 ‘‘(1) IN GENERAL.—The Secretary of Education 

6 and the Secretary of Labor shall each designate a 

7 lead staff person to fulfill the responsibilities of a 

8 National Pre-Employment Transition Coordinator 

9 for Students with Disabilities. The National Pre10 Employment Transition Coordinators shall work co11 operatively, and with other Federal agencies includ12 ing the Corporation for National and Community 

13 Service, to develop and coordinate— 

14 ‘‘(A) agency policies related to pre-employ15 ment transition services; and 

16 ‘‘(B) resources to increase job opportuni17 ties for students with disabilities, including in18 ternships, summer employment opportunities 

19 and other employment opportunities available 

20 throughout the school year, and apprentice21 ships. 

22 ‘‘(2) CONSTRUCTION.—Nothing in this sub23 section shall be construed to prohibit either Sec24 retary from assigning additional responsibilities, 

25 other than the responsibilities described in this subVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
386 

•HR 4227 IH

1 section, to a staff person designated under this sub2 section.’’. 

3 SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITA4 TION SERVICES. 

5 Section 121 (29 U.S.C. 741) is amended— 

6 (1) in subsection (a), in the first sentence, by 

7 inserting before the period the following: ‘‘(referred 

8 to in this section as ‘eligible individuals’), consistent 

9 with such eligible individuals’ strengths, resources, 

10 priorities, concerns, abilities, capabilities, interests, 

11 and informed choice, so that such individuals may 

12 prepare for, and engage in, high quality employment 

13 that will increase opportunities for economic self-suf14 ficiency’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (B), by striking 

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (C), by striking 

20 the period and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(D) contains assurances that— 

24 ‘‘(i) all decisions affecting eligibility 

25 for vocational rehabilitation services, the 


smartinez on DSK6TPTVN1PROD with BILLS
387 

•HR 4227 IH

1 nature and scope of available vocational re2 habilitation services, and the provision of 

3 such services, will be made by a represent4 ative of the tribal vocational rehabilitation 

5 program funded through the grant; and 

6 ‘‘(ii) such decisions will not be dele7 gated to another agency or individual.’’; 

8 and 

9 (B) by striking paragraphs (3) and (4) and 

10 inserting the following: 

11 ‘‘(3) If an application is approved under this part for 

12 a grant, the resulting grant shall be for 5 years, if the 

13 grant recipient complies with the program requirements 

14 for the program carried out under this part (including the 

15 regulations promulgated for the program). The grant shall 

16 be renewed for additional 5-year periods if the Commis17 sioner determines that the grant recipient demonstrated 

18 acceptable past performance and the grant recipient sub19 mits, and obtains approval by the Commissioner, for a 

20 plan, including a proposed budget, that identifies future 

21 performance criteria, goals, and objectives. The State shall 

22 continue to provide vocational rehabilitation services under 

23 the State plan to American Indians residing on or near 

24 a reservation whenever such State includes any such 


smartinez on DSK6TPTVN1PROD with BILLS
388 

•HR 4227 IH

1 American Indians in its State population under section 

2 110(a)(1). 

3 ‘‘(4) In allocating funds for grants under this part, 

4 the Secretary shall give priority to paying the continuation 

5 costs of projects in existence on the date of the allocation 

6 and may provide for increases in funding for such projects 

7 that the Secretary determines to be necessary.’’; 

8 (3) by redesignating subsection (c) as sub9 section (d); and 

10 (4) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c)(1) From the funds appropriated and made avail13 able to carry out this part for any fiscal year, beginning 

14 with fiscal year 2012, the Commissioner shall first reserve 

15 not less than 1.8 percent and not more than 2 percent 

16 of the funds to provide training and technical assistance 

17 to governing bodies described in subsection (a) for such 

18 fiscal year. 

19 ‘‘(2) From the funds reserved under paragraph (1), 

20 the Commissioner shall make grants to, and enter into 

21 contracts and other arrangements with, entities that have 

22 experience in the operation of vocational rehabilitation 

23 services programs under this section to provide such train24 ing and technical assistance with respect to developing, 

25 conducting, administering, and evaluating such programs. 


smartinez on DSK6TPTVN1PROD with BILLS
389 

•HR 4227 IH

1 ‘‘(3) The Commissioner shall conduct a survey of the 

2 governing bodies regarding training and technical assist3 ance needs in order to determine funding priorities for 

4 such grants, contracts, or other arrangements. 

5 ‘‘(4) To be eligible to receive a grant or enter into 

6 a contract or other arrangement under this section, such 

7 an entity shall submit an application to the Commissioner 

8 at such time, in such manner, and containing a proposal 

9 to provide such training and technical assistance, and con10 taining such additional information as the Commissioner 

11 may require. The Commissioner shall provide for peer re12 view of grant applications by panels that include persons 

13 who are not government employees and who have experi14 ence in the operation of vocational rehabilitation services 

15 programs under this section.’’. 

16 Subtitle C—Research and Training 

17 SEC. 431. PURPOSE. 

18 Section 200 (29 U.S.C. 760) is amended— 

19 (1) in paragraph (1), by inserting ‘‘technical as20 sistance,’’ after ‘‘training,’’; 

21 (2) in paragraph (2), by inserting ‘‘technical as22 sistance,’’ after ‘‘training,’’; 

23 (3) in paragraph (3)— 

24 (A) in the matter preceding subparagraph 

25 (A)— 


smartinez on DSK6TPTVN1PROD with BILLS
390 

•HR 4227 IH

1 (i) by inserting ‘‘, use, and adoption’’ 

2 after ‘‘transfer’’; and 

3 (ii) by inserting ‘‘in a timely and effi4 cient manner,’’ after ‘‘disabilities’’; and 

5 (B) in subparagraph (D), by inserting 

6 ‘‘and dissemination of research findings to indi7 viduals with disabilities and other interested en8 tities’’ after ‘‘technology’’; 

9 (4) in paragraph (5), by striking ‘‘and’’ after 

10 the semicolon; 

11 (5) in paragraph (6), by striking the period and 

12 inserting ‘‘; and’’; and 

13 (6) by adding at the end the following: 

14 ‘‘(7) identify effective strategies for supporting 

15 the employment of individuals with disabilities in 

16 competitive integrated employment.’’. 

17 SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 201(a) (29 U.S.C. 761(a)) is amended— 

19 (1) in paragraph (1), by striking ‘‘1999 

20 through 2003’’ and inserting ‘‘2012 through 2016’’; 

21 and 

22 (2) in paragraph (2), by striking ‘‘1999 

23 through 2003’’ and inserting ‘‘2012 through 2016’’. 


smartinez on DSK6TPTVN1PROD with BILLS
391 

•HR 4227 IH

1 SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHA2 BILITATION RESEARCH. 

3 Section 202 (29 U.S.C. 762) is amended— 

4 (1) in subsection (a)(1)(A)— 

5 (A) in clause (ii), by striking ‘‘and train6 ing; and’’ and inserting ‘‘, training, and tech7 nical assistance;’’; 

8 (B) by redesignating clause (iii) as clause 

9 (iv); and 

10 (C) by inserting after clause (ii) the fol11 lowing: 

12 ‘‘(iii) knowledge translation and dis13 semination; and’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (3), by striking ‘‘in reha16 bilitation’’ and inserting ‘‘on disability and re17 habilitation’’; 

18 (B) in paragraph (4)— 

19 (i) in the matter preceding subpara20 graph (A), by inserting ‘‘education, health 

21 and health care,’’ after ‘‘independent liv22 ing,’’; and 

23 (ii) by striking subparagraphs (A) 

24 through (D) and inserting the following: 

25 ‘‘(A) public and private entities, includ26 ing— 


smartinez on DSK6TPTVN1PROD with BILLS
392 

•HR 4227 IH

1 ‘‘(i) elementary schools and secondary 

2 schools (as defined in section 9101 of the 

3 Elementary and Secondary Education Act 

4 of 1965); 

5 ‘‘(ii) institutions of higher education; 

6 and 

7 ‘‘(iii) nongovernmental agencies and 

8 organizations; 

9 ‘‘(B) rehabilitation practitioners; 

10 ‘‘(C) employers and organizations rep11 resenting employers with respect to employ12 ment-based educational materials or research; 

13 ‘‘(D) individuals with disabilities (espe14 cially such individuals who are members of mi15 nority groups or of populations that are 

16 unserved or underserved by programs under 

17 this Act); 

18 ‘‘(E) the individuals’ representatives for 

19 the individuals described in subparagraph (D); 

20 and 

21 ‘‘(F) the Committee on Health, Education, 

22 Labor, and Pensions of the Senate, the Com23 mittee on Appropriations of the Senate, the 

24 Committee on Education and the Workforce of 

25 the House of Representatives, the Committee 


smartinez on DSK6TPTVN1PROD with BILLS
393 

•HR 4227 IH

1 on Appropriations of the House of Representa2 tives, and the National Council on Disability;’’. 

3 (C) in paragraph (6)— 

4 (i) by inserting ‘‘disability and’’ after 

5 ‘‘advances in’’; and 

6 (ii) by inserting ‘‘education, health 

7 and health care,’’ after ‘‘independent liv8 ing,’’; 

9 (D) in paragraph (7), by striking ‘‘taking 

10 whatever action is necessary to keep the Con11 gress fully and currently informed’’ and insert12 ing ‘‘reporting to Congress on a continuing and 

13 yearly basis’’; 

14 (E) in paragraph (8), by striking ‘‘health, 

15 income,’’ and inserting ‘‘health and health care, 

16 income, education,’’; 

17 (F) in paragraph (10), by striking ‘‘and 

18 telecommuting; and’’ and inserting ‘‘, supported 

19 employment (including customized employ20 ment), and telecommuting;’’; 

21 (G) in paragraph (11), by striking the pe22 riod and inserting ‘‘; and’’; and 

23 (H) by adding at the end the following: 

24 ‘‘(12) ensuring that the research activities and 

25 findings, demonstration projects, reports, evaluaVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
394 

•HR 4227 IH

1 tions, studies, information described in this section, 

2 as well as information about any reports in progress, 

3 will be made publicly available in a timely manner, 

4 including through electronic means (such as the 

5 website of the Department of Education and other 

6 relevant government agency websites) in order to in7 form the public about the research and activities 

8 performed under this title.’’; 

9 (3) in subsection (d)(1), in the second sentence, 

10 by inserting before the period the following: ‘‘, and 

11 shall not be an employee of the Department of Edu12 cation during the 90-day period before such appoint13 ment’’; 

14 (4) in subsection (f)(1), by striking the second 

15 sentence and inserting the following: ‘‘The scientific 

16 peer review shall be conducted by individuals who 

17 are not Department of Education employees, who 

18 are scientists or other experts in the disability and 

19 rehabilitation field (including the independent living 

20 field), including individuals with disabilities and the 

21 individuals’ representatives, and who have sufficient 

22 knowledge to review applications for the financial as23 sistance. Such panel shall include a member of the 

24 covered school community (for any activity resulting 

25 in educational materials or a product to be used in 


smartinez on DSK6TPTVN1PROD with BILLS
395 

•HR 4227 IH

1 a covered school), a member of the business commu2 nity (for an activity resulting in a product to be used 

3 in an employment activity), a member of the assist4 ive technology community (for an activity relating to 

5 assistive technology), and an accessible electronic 

6 and information technology vendor or manufacturer 

7 (for an activity relating to accessible electronic and 

8 information technology). The peer review panel shall 

9 include a director of a designated State unit for a 

10 panel that considers research related to the oper11 ation or administration of the vocational rehabilita12 tion program.’’; 

13 (5) in subsection (h)— 

14 (A) in paragraph (1)(A)— 

15 (i) by inserting ‘‘disability and’’ after 

16 ‘‘priorities for’’; and 

17 (ii) by inserting ‘‘dissemination,’’ after 

18 ‘‘training,’’; and 

19 (B) in paragraph (2)(A), by striking ‘‘, es20 pecially in the area of employment’’; 

21 (6) by redesignating subsections (i), (j), and 

22 (k), as subsections (j), (k), and (l), respectively; 

23 (7) by inserting after subsection (h) the fol24 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
396 

•HR 4227 IH

1 ‘‘(i)(1) The Director shall determine if entities that 

2 received financial assistance under this title are complying 

3 with the applicable requirements of this Act and achieving 

4 measurable goals, described in section 204(d)(2), that are 

5 consistent with the requirements of the programs under 

6 which the entities received the financial assistance. 

7 ‘‘(2) To assist the Director in carrying out the re8 sponsibilities described in paragraph (1), the Director 

9 shall require recipients of financial assistance under this 

10 title to submit relevant information to evaluate program 

11 outcomes with respect to the measurable goals described 

12 in section 204(d)(2) pursuant to section 75.118 of title 

13 34, Code of Federal Regulations.’’; 

14 (8) in subsection (k), as redesignated by para15 graph (6), by striking paragraph (3); and 

16 (9) by striking subsection (l), as redesignated 

17 by paragraph (6), and inserting the following: 

18 ‘‘(l) The Director shall make grants to institutions 

19 of higher education for the training of rehabilitation re20 searchers, including individuals with disabilities and tradi21 tionally underserved populations of individuals with dis22 abilities, as described in section 21, with particular atten23 tion to research areas that— 

24 ‘‘(1) support the implementation and objectives 

25 of this Act; and 


smartinez on DSK6TPTVN1PROD with BILLS
397 

•HR 4227 IH

1 ‘‘(2) improve the effectiveness of services au2 thorized under this Act. 

3 ‘‘(m)(1) Not later than December 31 of each year, 

4 the Director shall prepare, and submit to the Secretary, 

5 the Committee on Health, Education, Labor, and Pen6 sions of the Senate, and the Committee on Education and 

7 the Workforce of the House of Representatives, a report 

8 on the activities funded under this title. 

9 ‘‘(2) The report under paragraph (1) shall include— 

10 ‘‘(A) a compilation and summary of the infor11 mation provided by recipients of financial assistance 

12 for such activities under this title; 

13 ‘‘(B) a summary of recipients of financial as14 sistance received under this title and the progress of 

15 the recipients of financial assistance in achieving the 

16 measurable goals described in section 204(d)(2); and 

17 ‘‘(C) a summary of practical implications of re18 search outcomes and anticipated next steps. 

19 ‘‘(n)(1) If the Director determines that an entity that 

20 receives financial assistance under this title fails to comply 

21 with the applicable requirements of this Act, or to make 

22 progress toward achieving the measurable goals described 

23 in section 204(d)(2), with respect to the covered activities 

24 involved, the Director shall enact monitoring and enforceVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
398 

•HR 4227 IH

1 ment measures pursuant to section 75.253 of title 34, 

2 Code of Federal Regulations. 

3 ‘‘(2) As part of the annual report required under sub4 section (m), the Secretary shall describe each action taken 

5 by the Secretary under paragraph (1) and the outcomes 

6 of such action.’’. 

7 SEC. 434. INTERAGENCY COMMITTEE. 

8 Section 203 (29 U.S.C. 763) is amended— 

9 (1) in subsection (a)(1)— 

10 (A) by striking ‘‘and cooperation’’ and in11 serting ‘‘, cooperation, and collaboration’’; 

12 (B) by inserting ‘‘disability and’’ after 

13 ‘‘agencies conducting’’; 

14 (C) by inserting ‘‘the Chairman of the Na15 tional Council on Disability, the Assistant Sec16 retary for Disability Employment Policy, the 

17 Secretary of Defense, the Director of the Office 

18 on Disability of the Department of Health and 

19 Human Services,’’ after ‘‘Assistant Secretary 

20 for Special Education and Rehabilitative Serv21 ices,’’; and 

22 (D) by striking ‘‘and the Director of the 

23 National Science Foundation.’’ and inserting 

24 ‘‘the Director of the National Science Founda25 tion, the Secretary of Commerce, and the AdVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
399 

•HR 4227 IH

1 ministrator of the Small Business Administra2 tion.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘from 

5 targeted individuals’’ and inserting ‘‘individuals 

6 with disabilities and their representatives’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking subparagraphs (A) and 

9 (B) and inserting the following: 

10 ‘‘(A) share information regarding the 

11 range of assistive technology research, rehabili12 tation research, and research that incorporates 

13 the principles of universal design, that is being 

14 carried out by members of the Committee and 

15 other Federal departments and organizations; 

16 ‘‘(B) identify and make efforts to address, 

17 gaps in assistive technology research, rehabilita18 tion research, and research that incorporates 

19 the principles of universal design, that are not 

20 being adequately addressed;’’; 

21 (ii) in subparagraph (D)— 

22 (I) by striking ‘‘and research 

23 that incorporates the principles of uni24 versal design’’ and inserting ‘‘, reha25 bilitation research, and research that 


smartinez on DSK6TPTVN1PROD with BILLS
400 

•HR 4227 IH

1 incorporates the principles of uni2 versal design’’; and 

3 (II) by striking ‘‘and’’ after the 

4 semicolon; and 

5 (iii) in subparagraph (E), by striking 

6 ‘‘and research that incorporates the prin7 ciples of universal design.’’ and inserting ‘‘, 

8 rehabilitation research, and research that 

9 incorporates the principles of universal de10 sign; and’’; 

11 (3) by striking subsection (d); 

12 (4) by redesignating subsection (c) as sub13 section (d); 

14 (5) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c)(1) Not later than 2 years after the date of enact17 ment of the Workforce Investment Act of 2012, and peri18 odically thereafter, the Committee shall host a disability 

19 and rehabilitation research summit, for the purposes of 

20 establishing a research agenda to ensure projects are rel21 evant and applicable, bringing together policymakers, rep22 resentatives from Federal agencies conducting disability 

23 and rehabilitation research, nongovernmental funders of 

24 rehabilitation research, and organizations representing in25 dividuals with disabilities, researchers, and providers. 


smartinez on DSK6TPTVN1PROD with BILLS
401 

•HR 4227 IH

1 ‘‘(2) Based on the proceedings of the summit de2 scribed in paragraph (1), the Committee shall develop a 

3 comprehensive Government-wide strategic plan for dis4 ability and rehabilitation research. The strategic plan shall 

5 include measurable goals and objectives, action-oriented 

6 measures, timetables, budgets, and assignment of respon7 sible individuals and agencies for carrying out research ac8 tivities. At a minimum, the strategic plan shall include— 

9 ‘‘(A) research priorities and recommendations; 

10 ‘‘(B) the development of a searchable Govern11 ment-wide inventory of disability and rehabilitation 

12 research for trend and data analysis across Federal 

13 agencies; 

14 ‘‘(C) a set of guiding principles and policies and 

15 procedures for conducting and administering dis16 ability and rehabilitation research across Federal 

17 agencies; and 

18 ‘‘(D) a summary of underemphasized and of 

19 duplicative areas of research. 

20 ‘‘(3) Not later than 90 days after the conclusion of 

21 the summit described in paragraph (1), the strategic plan 

22 described in paragraph (2) shall be submitted to the Presi23 dent and the Committee on Health, Education, Labor, and 

24 Pensions of the Senate and the Committee on Education 

25 and the Workforce of the House of Representatives. 


smartinez on DSK6TPTVN1PROD with BILLS
402 

•HR 4227 IH

1 ‘‘(4) The annual report prepared by the Committee 

2 under subsection (d) shall include an annual accounting 

3 of the progress made in implementing the strategic plan 

4 described in paragraph (2), including achievement of 

5 measurable goals and objectives, timetables, budgets, and 

6 the assignment of responsible individuals and agencies. 

7 ‘‘(5) The Committee shall have the authority to facili8 tate collaborative projects among Federal agencies by re9 ceiving the transfer of funds from such agencies.’’; 

10 (6) in subsection (d), as redesignated by para11 graph (4), by striking paragraph (1) and inserting 

12 the following: 

13 ‘‘(1) describes the progress of the Committee in 

14 fulfilling the duties described in subsections (b) and 

15 (c), and including specifically for subsection (c)— 

16 ‘‘(A) a report of the progress made in im17 plementing the strategic plan; 

18 ‘‘(B) a description of the achievement of 

19 measurable goals, objectives, and timetables; 

20 ‘‘(C) detailed budgetary information; and 

21 ‘‘(D) the assignment of responsible individ22 uals and agencies.’’; and 

23 (7) in subsection (e)— 

24 (A) in paragraph (1), by striking ‘‘and’’ 

25 after the semicolon; and 


smartinez on DSK6TPTVN1PROD with BILLS
403 

•HR 4227 IH

1 (B) in paragraph (2), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) the term ‘rehabilitation research’ means 

5 research on issues and topics related to attaining 

6 maximum self sufficiency and function by individuals 

7 with disabilities, including research on assistive tech8 nology and universal design, employment, education, 

9 health and function, and community integration and 

10 participation.’’. 

11 SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

12 Section 204 (20 U.S.C. 764) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)— 

15 (i) by inserting ‘‘have practical real 

16 life applications and’’ before ‘‘maximize’’; 

17 and 

18 (ii) by striking ‘‘employment, inde19 pendent living,’’ and inserting ‘‘employ20 ment, education, independent living, health 

21 and health care,’’; 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A), by inserting 

24 ‘‘and from which the research findings can 


smartinez on DSK6TPTVN1PROD with BILLS
404 

•HR 4227 IH

1 be transferred to practice’’ after ‘‘State 

2 agencies’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by striking clause (ii) and in5 serting the following: 

6 ‘‘(ii) studies and analysis of policies and the 

7 interaction of how particular factors (industrial, vo8 cational, educational, employment, social, rec9 reational, psychiatric, psychological, economic, and 

10 health and health care), including for traditionally 

11 underserved populations as described in section 21, 

12 affect the rehabilitation of individuals with disabil13 ities;’’; 

14 (II) in clause (iii), by striking 

15 ‘‘are homebound’’ and inserting ‘‘have 

16 significant challenges attempting to 

17 engage with community life outside of 

18 their homes’’; 

19 (III) in clause (iv), by inserting 

20 ‘‘, including the principles of universal 

21 design and the interoperability of 

22 products and services’’ after ‘‘disabil23 ities’’; 

24 (IV) in clause (v), by inserting ‘‘, 

25 and to promote employment opportuVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
405 

•HR 4227 IH

1 nities in competitive integrated em2 ployment’’ after ‘‘employment’’; 

3 (V) in clause (vi), by striking 

4 ‘‘and’’ after the semicolon; 

5 (VI) in clause (vii), by striking 

6 ‘‘and assistive technology.’’ and in7 serting ‘‘, assistive technology, and 

8 communications technology; and’’; and 

9 (VII) by adding at the end the 

10 following: 

11 ‘‘(viii) studies, analyses, and other activities af12 fecting employment outcomes as defined in section 

13 7(11), including self-employment and telecommuting, 

14 of individuals with disabilities.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) In carrying out this section, the Director shall 

17 emphasize covered activities that include plans for— 

18 ‘‘(A) dissemination of high quality materials, 

19 scientifically valid research results, or findings, con20 clusions, and recommendations resulting from cov21 ered activities, including through electronic means 

22 (such as the website of the Department of Edu23 cation), so that such information is available in a 

24 timely manner to the general public; or 


smartinez on DSK6TPTVN1PROD with BILLS
406 

•HR 4227 IH

1 ‘‘(B) the commercialization of marketable prod2 ucts, research results, or findings, resulting from the 

3 covered activities.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘(18)’’ 

6 both places the term appears and inserting 

7 ‘‘(17)’’; 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (A), by striking 

10 clauses (i) and (ii) and inserting the fol11 lowing: 

12 ‘‘(i) be operated in collaboration with institu13 tions of higher education or providers of rehabilita14 tion services, developers or providers of assistive 

15 technology devices, assistive technology services, or 

16 information technology devices or services, or pro17 viders of other appropriate services; and 

18 ‘‘(ii) serve as centers of national excellence and 

19 national or regional resources for individuals with 

20 disabilities, as well as providers, educators, and re21 searchers.’’; 

22 (ii) in subparagraph (B)— 

23 (I) in clause (i), by striking ‘‘al24 leviate or stabilize’’ and all that fol25 lows through the semicolon and inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
407 

•HR 4227 IH

1 serting ‘‘maximize health and function 

2 (including alleviating or stabilizing 

3 conditions, or preventing secondary 

4 conditions), and promote maximum 

5 social and economic independence of 

6 individuals with disabilities, including 

7 promoting the ability of the individ8 uals to prepare for, secure, retain, re9 gain, or advance in employment;’’; 

10 (II) in clause (iii), by striking 

11 ‘‘and’’ after the semicolon; and 

12 (III) by striking clause (iv) and 

13 inserting the following: 

14 ‘‘(iv) serving as an informational and technical 

15 assistance resource to individuals with disabilities, as 

16 well as to providers, educators, and researchers, 

17 through conferences, workshops, public education 

18 programs, in-service training programs, and similar 

19 activities and providing knowledge translation to 

20 promote the use of research findings through train21 ing, technical assistance, and dissemination, includ22 ing identifying potential new areas of research; and 

23 ‘‘(v) developing practical applications for the 

24 findings of the research of the Centers.’’; and 

25 (iii) in subparagraph (C)— 


smartinez on DSK6TPTVN1PROD with BILLS
408 

•HR 4227 IH

1 (I) in clause (i), by inserting ‘‘, 

2 including research on assistive tech3 nology devices, assistive technology 

4 services, and accessible electronic and 

5 information technology devices’’ after 

6 ‘‘research’’; 

7 (II) in clause (ii), by striking 

8 ‘‘and social’’ and inserting ‘‘, social, 

9 and economic’’; 

10 (III) by striking clauses (iii) 

11 through (vi) and inserting the fol12 lowing: 

13 ‘‘(iii) improving the evaluation process for de14 termining the assistive technology needs of individ15 uals with disabilities; 

16 ‘‘(iv) research related to vocational rehabilita17 tion, including the use of assistive technology devices 

18 and accessible electronic and information technology 

19 devices in employment; 

20 ‘‘(v) continuation of research that promotes the 

21 emotional, social, educational, and functional growth 

22 of children who are individuals with disabilities, as 

23 well as their integration in school, employment, and 

24 community activities; 


smartinez on DSK6TPTVN1PROD with BILLS
409 

•HR 4227 IH

1 ‘‘(vi) continuation of research to develop and 

2 evaluate interventions, policies, and services that 

3 support families of children and adults who are indi4 viduals with disabilities; 

5 ‘‘(vii) continuation of research that will improve 

6 services and policies that foster the independence 

7 and social integration of individuals with disabilities, 

8 and enable individuals with disabilities, including in9 dividuals with intellectual disabilities and other de10 velopmental disabilities, to live in their communities; 

11 and 

12 ‘‘(viii) research, dissemination, and technical as13 sistance on best practices in supported employment 

14 and other strategies to promote competitive inte15 grated employment for persons with the most signifi16 cant disabilities.’’; 

17 (IV) by striking subparagraph 

18 (D) and inserting the following: 

19 ‘‘(D) Training of students preparing to be rehabilita20 tion personnel or to provide rehabilitative, assistive, or 

21 supportive services (such as rehabilitation counseling, per22 sonal care services, direct care, job coaching, aides in 

23 school based setting, or advice or assistance in utilizing 

24 assistive technology devices, assistive technology services, 

25 and accessible electronic and information technology deVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
410 

•HR 4227 IH

1 vices and services) shall be an important priority for each 

2 such Center.’’; 

3 (V) by striking subparagraph (I); 

4 and 

5 (VI) by redesignating subpara6 graphs (J) through (O) as subpara7 graphs (I) through (N), respectively; 

8 (C) in paragraph (3)— 

9 (i) in subparagraph (B)— 

10 (I) in clause (ii)(II), by striking 

11 ‘‘employment’’ and inserting ‘‘edu12 cational, employment,’’; and 

13 (II) in clause (iii)(II), by striking 

14 ‘‘employment’’ and inserting ‘‘edu15 cational, employment,’’; 

16 (ii) in subparagraph (D)(ii), by add17 ing at the end the following: ‘‘Each such 

18 Center conducting an activity relating to 

19 assistive technology or relating to acces20 sible electronic and information technology 

21 shall include in the advisory committee a 

22 member of the assistive technology or ac23 cessible electronic and information tech24 nology community, respectively. Each such 

25 Center conducting an activity resulting in 


smartinez on DSK6TPTVN1PROD with BILLS
411 

•HR 4227 IH

1 educational materials or a product to be 

2 used in a covered school, or resulting in a 

3 product to be used in an employment activ4 ity, shall include in the advisory committee 

5 a member of the covered school commu6 nity, or a member of the business commu7 nity, respectively.’’; and 

8 (iii) in subparagraph (G)(ii), by in9 serting ‘‘the success of any commercialized 

10 product researched or developed through 

11 the Center,’’ after ‘‘individuals with dis12 abilities,’’; 

13 (D) in paragraph (4)(B)— 

14 (i) in clause (i)— 

15 (I) by striking ‘‘special’’ and in16 serting ‘‘unique’’; and 

17 (II) by inserting ‘‘social and 

18 functional needs, and’’ before ‘‘acute 

19 care’’; and 

20 (ii) in clause (iv), by inserting ‘‘edu21 cation, health and health care,’’ after ‘‘em22 ployment,’’; 

23 (E) in paragraph (8)— 

24 (i) by striking ‘‘Veteran’s Administra25 tion’’ and inserting ‘‘Department of VetVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
412 

•HR 4227 IH

1 erans Affairs, the Department of Defense, 

2 the Substance Abuse and Mental Health 

3 Services Administration, the Federal Com4 munications Commission,’’; and 

5 (ii) by inserting ‘‘the Department of 

6 Commerce, the Small Business Adminis7 tration, the Department of Labor,’’ after 

8 ‘‘Space Administration,’’; 

9 (F) by striking paragraphs (9) and (11); 

10 (G) by redesignating paragraphs (10), 

11 (12), (13), (14), (15), (16), (17), and (18), as 

12 paragraphs (9), (10), (11), (12), (13), (14), 

13 (15), and (16), respectively; 

14 (H) in paragraph (11), as redesignated by 

15 subparagraph (G)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘employment needs 

18 of individuals with disabilities,’’ and insert19 ing ‘‘employment needs, opportunities, and 

20 outcomes (including those relating to self21 employment, supported employment, and 

22 telecommuting) of individuals with disabil23 ities, including older individuals with dis24 abilities, students with disabilities who are 

25 transitioning from school to postsecondary 


smartinez on DSK6TPTVN1PROD with BILLS
413 

•HR 4227 IH

1 life, including employment, and out of 

2 school youth with disabilities,’’; 

3 (ii) in subparagraph (B), by inserting 

4 ‘‘and employment related’’ after ‘‘the em5 ployment’’; 

6 (iii) in subparagraph (E), by striking 

7 ‘‘and’’ after the semicolon; 

8 (iv) in subparagraph (F), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (v) by adding at the end the following: 

12 ‘‘(G) develop models and alternatives to 

13 help transition sheltered workshops for individ14 uals with disabilities to competitive integrated 

15 employment for such individuals, and develop 

16 recommendations for decreasing reliance on the 

17 special minimum wage certificate program 

18 under section 14(c) of the Fair Labor Stand19 ards Act of 1938 (29 U.S.C. 214(c)).’’; 

20 (I) in paragraph (14), as redesignated by 

21 subparagraph (G), by striking ‘‘and access to 

22 gainful employment.’’ and inserting ‘‘, full par23 ticipation, equal opportunity, and economic self24 sufficiency.’’; and 

25 (J) by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
414 

•HR 4227 IH

1 ‘‘(17) Research grants may be used to provide for re2 search and training concerning the delivery of vocational 

3 rehabilitation services. Such projects and activities may in4 clude projects and activities designed to— 

5 ‘‘(A) identify, develop, and evaluate evidence6 based practices or policies that are effective in im7 proving employment outcomes for individuals with 

8 disabilities; 

9 ‘‘(B) conduct research related to improving the 

10 provision of services for underserved or special popu11 lations, such as strategies to enhance employment 

12 services and outcomes for middle-aged and older 

13 workers with disabilities or American Indians with 

14 disabilities; 

15 ‘‘(C) conduct research on the delivery of voca16 tional rehabilitation services to rural areas; 

17 ‘‘(D) demonstrate innovative models of service 

18 delivery or testing methods of service delivery that 

19 have the potential to improve the effectiveness of 

20 programs authorized under this Act, including the 

21 use of assistive technology devices and accessible 

22 electronic and information technology devices in em23 ployment; 


smartinez on DSK6TPTVN1PROD with BILLS
415 

•HR 4227 IH

1 ‘‘(E) conduct research on ways to improve the 

2 performance of State vocational rehabilitation agen3 cies; 

4 ‘‘(F) disseminate and promote the implementa5 tion of evidence-based practices identified through 

6 these activities; and 

7 ‘‘(G) conduct rigorous evaluations of programs 

8 and activities administered by the Rehabilitation 

9 Services Administration or supported under this 

10 Act.’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(d)(1) The Director shall award the grants, con13 tracts, or other financial assistance under this title on a 

14 competitive basis. 

15 ‘‘(2)(A) To be eligible to receive financial assistance 

16 under this section for a covered activity, an entity shall 

17 submit an application to the Director at such time, in such 

18 manner, and containing such information as the Director 

19 may require. 

20 ‘‘(B) The application shall include information de21 scribing— 

22 ‘‘(i) measurable goals, as established through 

23 section 1115 of title 31, United States Code, and a 

24 timeline and specific plan for meeting the goals, that 


smartinez on DSK6TPTVN1PROD with BILLS
416 

•HR 4227 IH

1 the applicant has set for addressing priorities related 

2 to— 

3 ‘‘(I) commercialization of a marketable 

4 product (including a marketable curriculum or 

5 research) resulting from the covered activity; 

6 ‘‘(II) in the case of a covered activity relat7 ing to technology, technology transfer; 

8 ‘‘(III) in the case of research, dissemina9 tion of research results to, as applicable, Gov10 ernment entities, individuals with disabilities, 

11 covered schools, the business community, the 

12 assistive technology community, and the acces13 sible electronic and information technology com14 munity; and 

15 ‘‘(IV) other priorities as required by the 

16 Director; and 

17 ‘‘(ii) how the applicant will quantifiably meas18 ure the goals to determine whether the goals have 

19 been accomplished. 

20 ‘‘(3)(A) In the case of an application for financial as21 sistance under this section to carry out a covered activity 

22 that results in the development of a marketable product, 

23 the application shall also include a commercialization and 

24 dissemination plan, as appropriate, containing commer25 cialization and marketing strategies for the product inVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
417 

•HR 4227 IH

1 volved, and strategies for disseminating information about 

2 the product. The financial assistance shall not be used to 

3 carry out the commercialization and marketing strategies. 

4 ‘‘(B) In the case of any other application for financial 

5 assistance to carry out a covered activity under this sec6 tion, the application shall also include a dissemination 

7 plan, containing strategies for disseminating educational 

8 materials, research results, or findings, conclusions, and 

9 recommendations, resulting from the covered activity.’’. 

10 SEC. 436. REHABILITATION RESEARCH ADVISORY COUNCIL. 

11 Section 205 (29 U.S.C. 765) is amended— 

12 (1) in subsection (a), by inserting ‘‘not less 

13 than’’ after ‘‘composed of’’; and 

14 (2) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) QUALIFICATIONS.—Members of the Council 

17 shall include representatives of rehabilitation profes18 sionals, rehabilitation researchers, the directors of commu19 nity rehabilitation programs, the business community (in20 cluding a representative of the small business community) 

21 that has experience with the system of vocational rehabili22 tation services carried out under this Act and with hiring 

23 individuals with disabilities, assistive technology devel24 opers and manufacturers, information technology vendors 

25 and manufacturers, entities carrying out programs under 


smartinez on DSK6TPTVN1PROD with BILLS
418 

•HR 4227 IH

1 the Assistive Technology Act of 1998 (29 U.S.C. 3001 et 

2 seq.), covered school professionals, individuals with dis3 abilities, and the individuals’ representatives. At least one4 half of the members shall be individuals with disabilities 

5 or the individuals’ representatives.’’. 

6 SEC. 437. DEFINITION OF COVERED SCHOOL. 

7 Title II (29 U.S.C. 760) is amended by adding at 

8 the end the following: 

9 ‘‘SEC. 206. DEFINITION OF COVERED SCHOOL. 

10 ‘‘In this title, the term ‘covered school’ means an ele11 mentary school or secondary school (as such terms are de12 fined in section 9101 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7801)) or an institution 

14 of higher education.’’. 

15 Subtitle D—Professional Develop16 ment and Special Projects and 

17 Demonstration 

18 SEC. 441. TRAINING. 

19 Section 302 (29 U.S.C. 772) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (E)— 

23 (I) by striking all after ‘‘deliver’’ 

24 and inserting ‘‘supported employment 

25 services and customized employment 


smartinez on DSK6TPTVN1PROD with BILLS
419 

•HR 4227 IH

1 services to individuals with the most 

2 significant disabilities’’; and 

3 (II) by striking ‘‘and’’ after the 

4 semicolon; 

5 (ii) in subparagraph (F), by striking 

6 ‘‘and’’ after the semicolon; 

7 (iii) in subparagraph (G), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iv) by adding at the end the fol11 lowing: 

12 ‘‘(H) personnel trained in providing assist13 ive technology services.’’; 

14 (2) in subsection (b)(1)(B)(i), by striking ‘‘or 

15 prosthetics and orthotics’’ and inserting ‘‘prosthetics 

16 and orthotics, rehabilitation teaching for the blind, 

17 or orientation and mobility instruction’’; 

18 (3) in subsection (g)— 

19 (A) in paragraph (1), by adding after the 

20 period the following: ‘‘Any technical assistance 

21 provided to community rehabilitation programs 

22 shall be focused on the employment outcome of 

23 competitive integrated employment for individ24 uals with disabilities.’’; and 

25 (B) in paragraph (3)— 


smartinez on DSK6TPTVN1PROD with BILLS
420 

•HR 4227 IH

1 (i) in subparagraph (A), by striking 

2 clause (iv) and inserting the following: 

3 ‘‘(iv) for the 2 years following the 

4 date of enactment of the Workforce Invest5 ment Act of 2012, to provide training re6 garding the amendments made to this 

7 Act.’’; and 

8 (ii) in subparagraph (B), by striking 

9 ‘‘on the date of enactment of the Rehabili10 tation Act Amendments of 1998’’ and in11 serting ‘‘on the date of enactment of the 

12 Workforce Investment Act of 2012’’; and 

13 (4) in subsection (i), by striking ‘‘fiscal years 

14 1999 through 2003’’ and inserting ‘‘fiscal years 

15 2012 through 2016’’. 

16 SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS. 

17 Section 303 (29 U.S.C. 773) is amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (5)— 

20 (i) in subparagraph (A)— 

21 (I) by striking clause (i) and in22 serting the following: 

23 ‘‘(i) special projects and demonstra24 tion programs focused on improving transi25 tion from education to competitive inteVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
421 

•HR 4227 IH

1 grated employment for youth who are indi2 viduals with significant disabilities;’’; and 

3 (II) by striking clause (iii) and 

4 inserting the following: 

5 ‘‘(iii) increasing competitive integrated 

6 employment for individuals with significant 

7 disabilities.’’; and 

8 (B) by striking paragraph (6); 

9 (2) in subsection (c)(2)— 

10 (A) in subparagraph (E), by striking 

11 ‘‘and’’ after the semicolon; 

12 (B) by redesignating subparagraph (F) as 

13 subparagraph (G); and 

14 (C) by inserting after subparagraph (E) 

15 the following: 

16 ‘‘(F) to provide support and guidance in 

17 helping individuals with significant disabilities, 

18 including students with disabilities, transition 

19 to competitive integrated employment; and’’; 

20 and 

21 (3) by striking subsection (i), as redesignated 

22 by paragraph (2), and inserting the following: 

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the 

24 purpose of carrying out this section (other than sub25 sections (c) and (e)), there are authorized to be approVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
422 

•HR 4227 IH

1 priated such sums as may be necessary for each of the 

2 fiscal years 2012 through 2016.’’. 

3 SEC. 443. MIGRANT AND SEASONAL FARMWORKERS. 

4 Section 304(b) (29 U.S.C. 774(b)) is amended by 

5 striking ‘‘fiscal years 1999 through 2003’’ and inserting 

6 ‘‘fiscal years 2012 through 2016’’. 

7 SEC. 444. RECREATIONAL PROGRAMS. 

8 Section 305 (29 U.S.C. 776) is amended— 

9 (1) in subsection (a)(1)(B), by striking ‘‘con10 struction of facilities for aquatic rehabilitation ther11 apy,’’; and 

12 (2) in subsection (b), by striking ‘‘fiscal years 

13 1999 through 2003’’ and inserting ‘‘fiscal years 

14 2012 through 2016’’. 

15 Subtitle E—National Council on 

16 Disability 

17 SEC. 451. REPORT. 

18 Section 401 (29 U.S.C. 781) is amended by striking 

19 subsection (c). 

20 SEC. 452. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 405 (29 U.S.C. 785) is amended by striking 

22 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

23 years 2012 through 2016’’. 


smartinez on DSK6TPTVN1PROD with BILLS
423 

•HR 4227 IH

1 Subtitle F—Rights and Advocacy 

2 SEC. 456. BOARD AND COUNCIL. 

3 (a) ARCHITECTURAL AND TRANSPORTATION BAR4 RIERS COMPLIANCE BOARD.—Section 502(j) (29 U.S.C. 

5 792(j)) is amended by striking ‘‘1999 through 2003’’ and 

6 inserting ‘‘2012 through 2016’’. 

7 (b) PROGRAM OR ACTIVITY.—Section 504(b)(2)(B) 

8 (29 U.S.C. 794(b)(2)(B)) is amended by striking ‘‘voca9 tional education’’ and inserting ‘‘career and technical edu10 cation’’. 

11 (c) INTERAGENCY DISABILITY COORDINATING COUN12 CIL.—Section 507(a) (29 U.S.C. 794c(a)) is amended by 

13 inserting ‘‘the Chairperson of the National Council on Dis14 ability,’’ before ‘‘and such other’’. 

15 SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL 

16 RIGHTS. 

17 Section 509 (29 U.S.C. 794e) is amended— 

18 (1) in subsection (c)(1)(A), by inserting ‘‘a 

19 grant or contract for’’ before ‘‘training’’; 

20 (2) in subsection (f)— 

21 (A) in paragraph (2)— 

22 (i) by striking ‘‘general’’ and all that 

23 follows through ‘‘records’’ and inserting 

24 ‘‘general authorities (including rights and 


smartinez on DSK6TPTVN1PROD with BILLS
424 

•HR 4227 IH

1 remedies), including the authority to access 

2 records’’; and 

3 (ii) by inserting ‘‘of title I’’ after 

4 ‘‘subtitle C’’; and 

5 (B) in paragraph (3), by striking ‘‘author6 ity’’ and inserting ‘‘authority (including the 

7 right)’’; 

8 (3) in subsection (g)(2), by striking ‘‘was paid’’ 

9 and all that follows and inserting ‘‘was paid, except 

10 that program income generated from the amount 

11 paid to an eligible system for a fiscal year shall re12 main available to such system in accordance with 

13 section 19 of this Act.’’; 

14 (4) in subsection (l), by striking ‘‘1999 through 

15 2003’’ and inserting ‘‘2012 through 2016’’; 

16 (5) by redesignating subsections (l) and (m) as 

17 subsections (m) and (n), respectively; and 

18 (6) by inserting after subsection (k) the fol19 lowing: 

20 ‘‘(l) SYSTEM AUTHORITY.—For purposes of serving 

21 persons eligible for services under this section, an eligible 

22 system shall have the same general authorities, including 

23 access to records, as the system is afforded under subtitle 

24 C of title I of the Developmental Disabilities Assistance 

25 and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), 


smartinez on DSK6TPTVN1PROD with BILLS
425 

•HR 4227 IH

1 as determined by the Commissioner of the Administration 

2 on Developmental Disabilities.’’. 

3 SEC. 458. STANDARDS FOR ACCESSIBLE MEDICAL DIAG4 NOSTIC EQUIPMENT. 

5 Section 510 (29 U.S.C. 794f) is amended— 

6 (1) by redesignating subsection (c) as sub7 section (d); 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) REGULATIONS.—Not later than 6 months after 

11 the date of the issuance of the standards under subsection 

12 (a), each appropriate Federal agency authorized to pro13 mulgate regulations under section 504 or the Americans 

14 with Disabilities Act of 1990 shall prescribe regulations 

15 in an accessible format, to the extent necessary to carry 

16 out the provisions of this section, section 504, and the 

17 Americans with Disabilities Act of 1990, as applicable, 

18 that include accessibility standards that are consistent 

19 with the standards issued under subsection (a).’’; and 

20 (3) in subsection (d), as redesignated by para21 graph (1), by adding at the end the following: ‘‘Not 

22 later than 6 months after the date of the issuance 

23 of such amended standards, each Federal agency 

24 covered by subsection (c) shall prescribe revised regVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
426 

•HR 4227 IH

1 ulations, in an accessible format, that are consistent 

2 with the amended standards.’’. 

3 Subtitle G—Employment Opportu4 nities for Individuals With Dis5 abilities 

6 SEC. 461. PROJECTS WITH INDUSTRY. 

7 Section 611 (29 U.S.C. 795) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘in the competitive’’ 

11 and inserting ‘‘in competitive integrated 

12 employment in the’’; and 

13 (ii) by inserting ‘‘locally’’ after ‘‘ca14 reer advancement’’; 

15 (B) in paragraph (2)— 

16 (i) in the matter preceding subpara17 graph (A)— 

18 (I) by inserting ‘‘local and na19 tional’’ after ‘‘jointly financed’’; and 

20 (II) by inserting ‘‘in competitive 

21 integrated employment’’ after ‘‘career 

22 opportunities’’; 

23 (ii) in subparagraph (A)— 

24 (I) by striking clause (ii) and in25 serting the following: 


smartinez on DSK6TPTVN1PROD with BILLS
427 

•HR 4227 IH

1 ‘‘(ii) identify job and career availability 

2 within the community in consultations with 

3 local workforce investment boards, consistent 

4 with the existing and emerging in-demand in5 dustry sectors and occupations as defined in 

6 section 101 of the Workforce Investment Act of 

7 2012, and the employment needs of employers 

8 in those industry sectors and occupations;’’; 

9 (II) in clause (iii), by striking 

10 ‘‘and’’ after the semicolon; 

11 (III) in clause (iv), by inserting 

12 ‘‘and’’ after the semicolon; and 

13 (IV) by adding at the end the fol14 lowing: 

15 ‘‘(v) coordinate such training and job 

16 placement activities with the local workforce in17 vestment boards described in clause (ii) as ap18 propriate, and with the Job Corps center indus19 try councils established under section 154 of 

20 the Workforce Investment Act of 2012.’’; and 

21 (iii) in subparagraph (C)— 

22 (I) in clause (i), by striking 

23 ‘‘and’’ after the semicolon; 

24 (II) by redesignating clause (ii) 

25 as clause (iii); and 


smartinez on DSK6TPTVN1PROD with BILLS
428 

•HR 4227 IH

1 (III) by inserting after clause (i) 

2 the following: 

3 ‘‘(ii) internship programs for individuals 

4 with disabilities who seek employment; and’’; 

5 (2) in subsection (e)(2), by striking ‘‘in States, 

6 portions of States, Indian tribes, or tribal organiza7 tions’’ and inserting ‘‘nationally or in States, in por8 tions of States, across multiple States, or in Indian 

9 tribes or tribal organizations’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(i) PROHIBITED USE OF FUNDS.—Grant funds 

12 awarded under this section shall not be used to support 

13 services in sheltered workshops or segregated settings.’’. 

14 SEC. 462. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 612 (29 U.S.C. 795a) is amended by striking 

16 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

17 years 2012 through 2016’’. 

18 SEC. 463. SUPPORTED EMPLOYMENT SERVICES. 

19 Part B of title VI (29 U.S.C. 795g) is amended to 

20 read as follows: 

21 ‘‘PART B—SUPPORTED EMPLOYMENT SERVICES 

22 ‘‘SEC. 621. PURPOSE. 

23 ‘‘It is the purpose of this part to authorize allotments, 

24 in addition to grants for vocational rehabilitation services 

25 under title I, to assist States in developing collaborative 


smartinez on DSK6TPTVN1PROD with BILLS
429 

•HR 4227 IH

1 programs with appropriate entities to provide supported 

2 employment services for individuals with the most signifi3 cant disabilities, including youth with the most significant 

4 disabilities, to enable such individuals to achieve an em5 ployment outcome of supported employment in competitive 

6 integrated employment. 

7 ‘‘SEC. 622. ALLOTMENTS. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) STATES.—The Secretary shall allot the 

10 sums appropriated for each fiscal year to carry out 

11 this part among the States on the basis of relative 

12 population of each State, except that— 

13 ‘‘(A) no State shall receive less than 

$250,000, or 1 14 ⁄3 of 1 percent of the sums ap15 propriated for the fiscal year for which the al16 lotment is made, whichever amount is greater; 

17 and 

18 ‘‘(B) if the sums appropriated to carry out 

19 this part for the fiscal year exceed the sums ap20 propriated to carry out this part for fiscal year 

21 1992 by $1,000,000 or more, no State shall receive less than $300,000, or 1 22 ⁄3 of 1 percent of 

23 the sums appropriated for the fiscal year for 

24 which the allotment is made, whichever amount 

25 is greater. 


smartinez on DSK6TPTVN1PROD with BILLS
430 

•HR 4227 IH

1 ‘‘(2) CERTAIN TERRITORIES.— 

2 ‘‘(A) IN GENERAL.—For the purposes of 

3 this subsection, Guam, American Samoa, the 

4 United States Virgin Islands, and the Common5 wealth of the Northern Mariana Islands shall 

6 not be considered to be States. 

7 ‘‘(B) ALLOTMENT.—Each jurisdiction de8 scribed in subparagraph (A) shall be allotted 

not less than 1 9 ⁄8 of 1 percent of the amounts 

10 appropriated for the fiscal year for which the 

11 allotment is made. 

12 ‘‘(b) REALLOTMENT.—Whenever the Commissioner 

13 determines that any amount of an allotment to a State 

14 for any fiscal year will not be expended by such State for 

15 carrying out the provisions of this part, the Commissioner 

16 shall make such amount available for carrying out the pro17 visions of this part to one or more of the States that the 

18 Commissioner determines will be able to use additional 

19 amounts during such year for carrying out such provi20 sions. Any amount made available to a State for any fiscal 

21 year pursuant to the preceding sentence shall, for the pur22 poses of this section, be regarded as an increase in the 

23 allotment of the State (as determined under the preceding 

24 provisions of this section) for such year. 


smartinez on DSK6TPTVN1PROD with BILLS
431 

•HR 4227 IH

1 ‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A 

2 State that receives an allotment under this part shall not 

3 use more than 5 percent of the funds made available 

4 through the allotment to pay for administrative costs. 

5 ‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIG6 NIFICANT DISABILITIES.—A State that receives an allot7 ment under this part shall expend half of the allotment 

8 for the provision of supported employment services, in9 cluding extended services, to youth with the most signifi10 cant disabilities in order to assist those youth to achieve 

11 an employment outcome in supported employment. 

12 ‘‘SEC. 623. AVAILABILITY OF SERVICES. 

13 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds 

14 provided under this part may be used to provide supported 

15 employment services to individuals who are eligible under 

16 this part. 

17 ‘‘(b) EXTENDED SERVICES.—Except as provided in 

18 paragraph (c), funds provided under this part, or title I, 

19 may not be used to provide extended services to individuals 

20 who are eligible under this part or title I. 

21 ‘‘(c) EXTENDED SERVICES FOR YOUTH WITH THE

22 MOST SIGNIFICANT DISABILITIES.—Funds allotted under 

23 this part, or title I, and used for the provision of services 

24 under this part to youth with the most significant disabil25 ities pursuant to section 622(d) of this part, may be used 


smartinez on DSK6TPTVN1PROD with BILLS
432 

•HR 4227 IH

1 to provide extended services to youth with the most signifi2 cant disabilities for a period not to exceed four years. 

3 ‘‘SEC. 624. ELIGIBILITY. 

4 ‘‘An individual, including a youth with a disability, 

5 shall be eligible under this part to receive supported em6 ployment services authorized under this part if— 

7 ‘‘(1) the individual, including a youth with a 

8 disability, is eligible for vocational rehabilitation 

9 services under title I; 

10 ‘‘(2) the individual, including a youth, is deter11 mined to be an individual with a most significant 

12 disability; and 

13 ‘‘(3) a comprehensive assessment of rehabilita14 tion needs of the individual or youth described in 

15 section 7(2)(B), including an evaluation of rehabili16 tation, career, and job needs, identifies supported 

17 employment as the appropriate employment outcome 

18 for the individual or youth. 

19 ‘‘SEC. 625. STATE PLAN. 

20 ‘‘(a) STATE PLAN SUPPLEMENTS.—To be eligible for 

21 an allotment under this part, a State shall submit to the 

22 Commissioner, as part of the State plan under section 

23 101, a State plan supplement for providing supported em24 ployment services authorized under this Act to individuals, 

25 including youth with the most significant disabilities, who 


smartinez on DSK6TPTVN1PROD with BILLS
433 

•HR 4227 IH

1 are eligible under this Act to receive the services. Each 

2 State shall make such annual revisions in the plan supple3 ment as may be necessary. 

4 ‘‘(b) CONTENTS.—Each such plan supplement 

5 shall— 

6 ‘‘(1) indicate each designated State agency as 

7 the agency to administer the program assisted under 

8 this part; 

9 ‘‘(2) summarize the results of the comprehen10 sive, statewide assessment conducted under section 

11 101(a)(15)(A)(i), with respect to the rehabilitation 

12 needs of individuals, including youth, with signifi13 cant disabilities and the need for supported employ14 ment services, including needs related to coordina15 tion; 

16 ‘‘(3) describe the quality, scope, and extent of 

17 supported employment services authorized under this 

18 Act to be provided to individuals, including youth 

19 with the most significant disabilities, who are eligible 

20 under this Act to receive the services and specify the 

21 goals and plans of the State with respect to the dis22 tribution of funds received under section 622; 

23 ‘‘(4) demonstrate evidence of the efforts of the 

24 designated State agency to identify and make ar25 rangements (including entering into cooperative 


smartinez on DSK6TPTVN1PROD with BILLS
434 

•HR 4227 IH

1 agreements) with other State agencies and other ap2 propriate entities to assist in the provision of sup3 ported employment services; 

4 ‘‘(5) demonstrate evidence of the efforts of the 

5 designated State agency to identify and make ar6 rangements (including entering into cooperative 

7 agreements) with other public or nonprofit agencies 

8 or organizations within the State, employers, natural 

9 supports, and other entities with respect to the pro10 vision of extended services; 

11 ‘‘(6) a description of the activities to be con12 ducted under this part, using the funds specified in 

13 section 622(d) of this title, for providing supported 

14 employment services to youth with the most signifi15 cant disabilities, including— 

16 ‘‘(A) the provision of extended services for 

17 a period not to exceed four years; and 

18 ‘‘(B) how the State will use the funds spec19 ified in section 622(d) to leverage other public 

20 and private funds to increase resources for ex21 tended services and expand supported employ22 ment opportunities for youth with the most sig23 nificant disabilities; 

24 ‘‘(7) provide assurances that— 


smartinez on DSK6TPTVN1PROD with BILLS
435 

•HR 4227 IH

1 ‘‘(A) funds made available under this part 

2 will only be used to provide supported employ3 ment services authorized under this Act to indi4 viduals, including youth, who are eligible under 

5 this part to receive the services; 

6 ‘‘(B) the comprehensive assessments of in7 dividuals with significant disabilities, including 

8 youth with the most significant disabilities, con9 ducted under section 102(b)(1) and funded 

10 under title I will include consideration of sup11 ported employment as an appropriate employ12 ment outcome; 

13 ‘‘(C) an individualized plan for employ14 ment, as required by section 102, will be devel15 oped and updated using funds under title I in 

16 order to— 

17 ‘‘(i) specify the supported employment 

18 services to be provided, including as appro19 priate for youth with the most significant 

20 disabilities, transition services and pre-em21 ployment transition services provided in ac22 cordance with sections 101(a)(25) and 

23 114; 

24 ‘‘(ii) specify the expected extended 

25 services needed, including the extended 


smartinez on DSK6TPTVN1PROD with BILLS
436 

•HR 4227 IH

1 services that may be provided to youth 

2 with the most significant disabilities under 

3 this part, in accordance with an approved 

4 individualized plan for employment, for a 

5 period not to exceed four years; and 

6 ‘‘(iii) identify, as appropriate, the 

7 source of extended services, which may in8 clude natural supports, or to the extent 

9 that it is not possible to identify the source 

10 of extended services at the time the indi11 vidualized plan for employment is devel12 oped; 

13 ‘‘(D) the State will use funds provided 

14 under this part only to supplement, and not 

15 supplant, the funds provided under title I, in 

16 providing supported employment services speci17 fied in the individualized plan for employment; 

18 ‘‘(E) services provided under an individual19 ized plan for employment will be coordinated 

20 with services provided under other individual21 ized plans established under other Federal or 

22 State programs; 

23 ‘‘(F) to the extent jobs skills training is 

24 provided, the training will be provided onsite; 


smartinez on DSK6TPTVN1PROD with BILLS
437 

•HR 4227 IH

1 ‘‘(G) supported employment services will 

2 include placement in an integrated setting 

3 based on the unique strengths, resources, prior4 ities, concerns, abilities, capabilities, interests, 

5 and informed choice of individuals with the 

6 most significant disabilities; 

7 ‘‘(H) the State agencies designated under 

8 paragraph (1) will expend not more than 5 per9 cent of the allotment of the State under this 

10 part for administrative costs of carrying out 

11 this part; and 

12 ‘‘(I) with respect to supported employment 

13 services provided to youth with the most signifi14 cant disabilities with the funds described in sec15 tion 622(d), the designated State agency will 

16 provide, directly or indirectly through public or 

17 private entities, non-Federal contributions to18 wards the grant award in an amount that is not 

19 less than 10 percent of such costs; and 

20 ‘‘(8) contain such other information and be sub21 mitted in such manner as the Commissioner may re22 quire. 


smartinez on DSK6TPTVN1PROD with BILLS
438 

•HR 4227 IH

1 ‘‘SEC. 626. RESTRICTION. 

2 ‘‘Each State agency designated under section 

3 625(b)(1) shall collect the information required by section 

4 101(a)(10) separately for eligible— 

5 ‘‘(1)(A) individuals receiving supported employ6 ment services under this part; and 

7 ‘‘(B) individuals receiving supported employ8 ment services under title I; and 

9 ‘‘(2)(A) youth receiving supported employment 

10 services under this part; and 

11 ‘‘(B) youth receiving supported employment 

12 services under title I. 

13 ‘‘SEC. 627. SAVINGS PROVISION. 

14 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Noth15 ing in this Act shall be construed to prohibit a State from 

16 providing supported employment services in accordance 

17 with the State plan submitted under section 101 by using 

18 funds made available through a State allotment under sec19 tion 110. 

20 ‘‘(b) POST-EMPLOYMENT SERVICES.—Nothing in 

21 this part shall be construed to prohibit a State from pro22 viding discrete post-employment services in accordance 

23 with the State plan submitted under section 101 by using 

24 funds made available through a State allotment under sec25 tion 110 to an individual who is eligible under this sub26 part. 


smartinez on DSK6TPTVN1PROD with BILLS
439 

•HR 4227 IH

1 ‘‘SEC. 628. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There is authorized to be appropriated to carry out 

3 this part, including for technical assistance, such sums as 

4 may be necessary for each of the fiscal years 2012 through 

5 2016.’’. 

6 Subtitle H—Independent Living 

7 Services and Centers for Inde8 pendent Living 

9 CHAPTER 1—GENERAL PROVISIONS 

10 SEC. 471. PURPOSE. 

11 Section 701 (29 U.S.C. 796) is amended, in para12 graph (3), by inserting before the period the following: ‘‘, 

13 with the goal of improving the independence of and equal 

14 opportunity for individuals with disabilities’’. 

15 SEC. 472. INDEPENDENT LIVING ADMINISTRATION. 

16 Title VII (29 U.S.C. 796 et seq.) is amended by in17 serting after section 701 the following: 

18 ‘‘SEC. 701A. INDEPENDENT LIVING ADMINISTRATION. 

19 ‘‘(a) ESTABLISHMENT.—In order to promote the phi20 losophy and purpose of section 701, there is established 

21 within the Department of Education an Independent Liv22 ing Administration, independent of the Rehabilitation 

23 Services Administration. 

24 ‘‘(b) DIRECTOR.—The Independent Living Adminis25 tration shall be headed by a Director (referred to in this 

26 title as the ‘ILA Director’) appointed by the Secretary. 


smartinez on DSK6TPTVN1PROD with BILLS
440 

•HR 4227 IH

1 The ILA Director shall not have been an employee of the 

2 Department of Education during the 90-day period before 

3 such appointment, and shall have substantial knowledge 

4 of independent living services. The Independent Living 

5 Administration shall be the principal agency, and the ILA 

6 Director shall be the principal officer, of the Department 

7 for carrying out this title. The ILA Director shall have 

8 the same reporting relationship as is outlined in section 

9 202(a)(2), and shall be a different individual than the 

10 Commissioner. 

11 ‘‘(c) GENERAL COUNSEL.—The Office of the General 

12 Counsel of the Department of Education shall designate 

13 1 or more individuals, with substantial background in and 

14 knowledge of independent living services and centers for 

15 independent living under this title, to provide advice, sup16 port, and technical assistance to the ILA Director. 

17 ‘‘(d) INPUT.—The ILA Director shall have the au18 thority to seek such input and advice, including convening 

19 meetings, as the ILA Director determines to be appro20 priate with respect to the policies and conduct of the Inde21 pendent Living Administration. 

22 ‘‘(e) STAFF.—The Secretary shall ensure that— 

23 ‘‘(1) the Independent Living Administration has 

24 sufficient staff to provide oversight of, conduct au25 diting of, and provide technical assistance to, the 


smartinez on DSK6TPTVN1PROD with BILLS
441 

•HR 4227 IH

1 centers for independent living and Statewide Inde2 pendent Living Councils funded under this Act; and 

3 ‘‘(2) such staff includes qualified individuals 

4 who have significant experience with centers for 

5 independent living or Statewide Independent Living 

6 Councils described in section 705.’’. 

7 SEC. 473. DEFINITIONS. 

8 Section 702 (29 U.S.C. 796a) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter before subparagraph (A), 

11 by inserting ‘‘for individuals with significant 

12 disabilities (regardless of age or income)’’ be13 fore ‘‘that—’’; 

14 (B) in subparagraph (A), by striking 

15 ‘‘and’’ at the end; 

16 (C) in subparagraph (B), by striking the 

17 period and inserting ‘‘, including, at a min18 imum, independent living core services as de19 fined in section 7(17); and’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(C) has sufficient staff to provide the 

22 services described in subparagraph (B).’’; and 

23 (2) in paragraph (2), by striking the period and 

24 inserting the following: ‘‘, both in terms of— 


smartinez on DSK6TPTVN1PROD with BILLS
442 

•HR 4227 IH

1 ‘‘(A) the management, staffing, decision2 making, and operation of the center; and 

3 ‘‘(B) the center’s establishment of policies, 

4 direction, and provision of services.’’. 

5 SEC. 474. STATE PLAN. 

6 Section 704 (29 U.S.C. 796c) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by inserting after ‘‘State plan’’ the 

10 following: ‘‘developed and signed in accord11 ance with paragraph (2),’’; and 

12 (ii) by striking ‘‘Commissioner’’ each 

13 place it appears and inserting ‘‘ILA Direc14 tor’’; 

15 (B) in paragraph (2)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘developed and 

18 signed by’’; and 

19 (ii) by striking subparagraphs (A) and 

20 (B) and inserting the following: 

21 ‘‘(A) developed by the chairperson of the 

22 Statewide Independent Living Council, the di23 rector of the designated State entity described 

24 in subsection (c), and the directors of the cen25 ters for independent living in the State, after 


smartinez on DSK6TPTVN1PROD with BILLS
443 

•HR 4227 IH

1 receiving public input from individuals with dis2 abilities throughout the State; and 

3 ‘‘(B) signed by— 

4 ‘‘(i) the chairperson of the Statewide 

5 Independent Living Council, acting on be6 half of and at the direction of the Council; 

7 ‘‘(ii) the director of the designated 

8 State entity described in subsection (c); 

9 and 

10 ‘‘(iii) not less than 51 percent of the 

11 directors of the centers for independent liv12 ing in the State.’’; 

13 (C) in paragraph (3)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘State independent living services’’ and in16 serting ‘‘independent living services in the 

17 State’’; 

18 (ii) in subparagraph (B), by striking 

19 ‘‘and’’ at the end; and 

20 (iii) by striking subparagraph (C) and 

21 inserting the following: 

22 ‘‘(C) working relationships and collabora23 tion between— 

24 ‘‘(i) centers for independent living; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
444 

•HR 4227 IH

1 ‘‘(ii)(I) entities carrying out programs 

2 that provide independent living services, in3 cluding those serving older individuals; 

4 ‘‘(II) other community-based organi5 zations that provide or coordinate the pro6 vision of housing, transportation, employ7 ment, information and referral assistance, 

8 services, and supports for individuals with 

9 significant disabilities; and 

10 ‘‘(III) entities carrying out the voca11 tional rehabilitation program established 

12 under title I, and other programs providing 

13 services for individuals with disabilities; 

14 and 

15 ‘‘(D) cooperative agreements and partner16 ships to provide a seamless model for provision 

17 of services to individuals with disabilities and to 

18 avoid duplication of services.’’; 

19 (D) in paragraph (4), by striking ‘‘Com20 missioner’’ each place it appears and inserting 

21 ‘‘ILA Director’’; and 

22 (E) by adding at the end the following: 

23 ‘‘(5) STATEWIDE BASIS.—The State plan shall 

24 provide for the provision of independent living serv25 ices on a statewide basis, to the greatest extent posVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
445 

•HR 4227 IH

1 sible, including through the establishment of addi2 tional centers for independent living or focused out3 reach to serve underserved populations.’’; 

4 (2) in subsection (b), by striking the period and 

5 inserting the following: ‘‘, as well as a plan for fund6 ing the administrative costs of the Council.’’; 

7 (3) in subsection (c)— 

8 (A) in the subsection heading, by striking 

9 ‘‘UNIT’’ and inserting ‘‘ENTITY’’; 

10 (B) in the matter preceding paragraph (1), 

11 by striking ‘‘the designated State unit of such 

12 State’’ and inserting ‘‘a State entity of such 

13 State (referred to in this title as the ‘designated 

14 State entity’), which may be the designated 

15 State unit, an entity within the designated 

16 State agency, or an entity within a different 

17 State agency,’’; 

18 (C) in paragraphs (3) and (4), by striking 

19 ‘‘Commissioner’’ each place it appears and in20 serting ‘‘ILA Director’’; 

21 (D) in paragraph (3), by striking ‘‘and’’ at 

22 the end; and 

23 (E) in paragraph (4), by striking the pe24 riod and inserting ‘‘; and’’; 


smartinez on DSK6TPTVN1PROD with BILLS
446 

•HR 4227 IH

1 (4) in subsection (i), by striking paragraphs (1) 

2 and (2) and inserting the following: 

3 ‘‘(1) the Statewide Independent Living Council; 

4 ‘‘(2) centers for independent living; 

5 ‘‘(3) the designated State entity; and 

6 ‘‘(4) other State agencies or entities rep7 resented on the Council, other councils that address 

8 the needs and issues of specific disability popu9 lations, and other public and private entities deter10 mined to be appropriate by the Council.’’; 

11 (5) in subsection (m)— 

12 (A) in paragraph (4), by striking ‘‘Com13 missioner’’ each place it appears and inserting 

14 ‘‘ILA Director’’; and 

15 (B) in paragraph (5), by striking ‘‘Com16 missioner’’ each place it appears and inserting 

17 ‘‘ILA Director’’; and 

18 (6) by adding at the end the following: 

19 ‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY

20 LIFE.— 

21 ‘‘(1) IN GENERAL.—The plan shall describe 

22 how the State will provide independent living serv23 ices that promote full access to community life for 

24 individuals with significant disabilities. 

25 ‘‘(2) SERVICES.—The services shall include— 


smartinez on DSK6TPTVN1PROD with BILLS
447 

•HR 4227 IH

1 ‘‘(A) facilitating transitions of individuals 

2 with significant disabilities from nursing homes 

3 and other institutions, to home- and commu4 nity-based residences, with the requisite sup5 ports and services; 

6 ‘‘(B) providing assistance to individuals 

7 with significant disabilities that are at risk of 

8 entering institutions so that the individuals may 

9 remain in the community; and 

10 ‘‘(C) facilitating transitions of youth (in11 cluding students) who are individuals with sig12 nificant disabilities, who were eligible for indi13 vidualized education programs under section 

14 614(d) of the Individuals with Disabilities Edu15 cation Act (20 U.S.C. 1414(d)), and who have 

16 completed their secondary education or other17 wise left school, to postsecondary life, including 

18 employment.’’. 

19 SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL. 

20 Section 705 (29 U.S.C. 796d) is amended— 

21 (1) in subsection (b)— 

22 (A) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) COMPOSITION.—The Council shall in25 clude— 


smartinez on DSK6TPTVN1PROD with BILLS
448 

•HR 4227 IH

1 ‘‘(A) among its voting members, at least 1 

2 director of a center for independent living cho3 sen by the directors of centers for independent 

4 living within the State; 

5 ‘‘(B) among its voting members, for a 

6 State in which 1 or more centers are funded 

7 under section 721(c)(4), at least 1 representa8 tive of the directors of the centers; and 

9 ‘‘(C) as ex officio, nonvoting members, a 

10 representative of the designated State entity, 

11 and representatives from State agencies that 

12 provide services for individuals with disabil13 ities.’’; 

14 (B) in paragraph (3)— 

15 (i) by redesignating subparagraphs 

16 (C) through (F) as subparagraphs (D) 

17 through (G), respectively; 

18 (ii) in subparagraph (B), by striking 

19 ‘‘parents and guardians of’’; and 

20 (iii) by inserting after paragraph (B) 

21 the following: 

22 ‘‘(C) parents and guardians of individuals 

23 with disabilities;’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
449 

•HR 4227 IH

1 (C) in paragraph (5)(B), by striking 

2 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

3 (1)’’; 

4 (2) by striking subsection (c) and inserting the 

5 following: 

6 ‘‘(c) FUNCTIONS.— 

7 ‘‘(1) DUTIES.—The Council shall— 

8 ‘‘(A) in conjunction with the directors of 

9 the centers for independent living in the State, 

10 and the designated State entity, jointly develop 

11 and sign the State plan as provided in section 

12 704(a)(2); 

13 ‘‘(B) monitor, review, and evaluate the im14 plementation of the State plan; 

15 ‘‘(C) have at least 4 regularly scheduled 

16 meetings per year, and ensure that such meet17 ings of the Council are open to the public and 

18 sufficient advance notice of such meetings is 

19 provided; 

20 ‘‘(D) submit to the ILA Director such 

21 periodic reports as the ILA Director may rea22 sonably request, and keep such records, and af23 ford such access to such records, as the ILA 

24 Director finds necessary to verify the informa25 tion in such reports; and 


smartinez on DSK6TPTVN1PROD with BILLS
450 

•HR 4227 IH

1 ‘‘(E) as appropriate, coordinate activities 

2 with the State Rehabilitation Council estab3 lished under section 105, if the State has such 

4 a Council, or the commission described in sec5 tion 101(a)(21)(A), if the State has such a 

6 commission, and councils that address the 

7 needs of specific disability populations and 

8 issues under other Federal law. 

9 ‘‘(2) AUTHORITIES.—The Council may, con10 sistent with the State plan described in section 704, 

11 unless prohibited by State law— 

12 ‘‘(A) facilitate the improvement and co13 ordination of services provided to individuals 

14 with disabilities by centers for independent liv15 ing, the designated State unit, other govern16 ment agencies, and community organizations; 

17 ‘‘(B) conduct resource development activi18 ties to obtain funding from public and private 

19 resources to support the activities described in 

20 this subsection or to support the provision of 

21 independent living services by centers for inde22 pendent living; and 

23 ‘‘(C) perform such other functions, con24 sistent with the purpose of this chapter and 

25 comparable to other functions described in this 


smartinez on DSK6TPTVN1PROD with BILLS
451 

•HR 4227 IH

1 subsection, as the Council determines to be ap2 propriate. 

3 ‘‘(3) LIMITATION.—The Council shall not pro4 vide independent living services directly to individ5 uals with significant disabilities or manage such 

6 services.’’; 

7 (3) in subsection (e)— 

8 (A) in paragraph (1), in the first sentence, 

9 by striking ‘‘prepare’’ and all that follows 

10 through ‘‘a plan’’ and inserting ‘‘prepare, in 

11 conjunction with the designated State entity, a 

12 plan’’; and 

13 (B) in paragraph (3), by striking ‘‘agency’’ 

14 and inserting ‘‘entity’’; and 

15 (4) in subsection (f)— 

16 (A) by striking ‘‘such resources’’ and in17 serting ‘‘available resources’’; and 

18 (B) by striking ‘‘(including’’ and all that 

19 follows through ‘‘compensation’’ and inserting 

20 ‘‘(such as personal assistance services), and to 

21 pay reasonable compensation’’. 

22 SEC. 476. RESPONSIBILITIES OF THE ILA DIRECTOR. 

23 Section 706 (29 U.S.C. 796d–1) is amended— 

24 (1) by striking the title of the section and in25 serting the following: 


smartinez on DSK6TPTVN1PROD with BILLS
452 

•HR 4227 IH

1 ‘‘SEC. 706. RESPONSIBILITIES OF THE ILA DIRECTOR.’’; 

2 (2) in subsection (a)— 

3 (A) in paragraph (1), by striking ‘‘Com4 missioner’’ each place it appears and inserting 

5 ‘‘ILA Director’’; and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘Commissioner’’ each place it appears and 

9 inserting ‘‘ILA Director’’; and 

10 (ii) in subparagraph (B)— 

11 (I) in clause (i)— 

12 (aa) by striking ‘‘Secretary’’ 

13 and inserting ‘‘Secretary or the 

14 Commissioner’’; and 

15 (bb) by striking ‘‘to the 

16 Commissioner; and’’ and insert17 ing ‘‘to the ILA Director;’’; 

18 (II) by redesignating clause (ii) 

19 as clause (iii); and 

20 (III) by inserting after clause (i) 

21 the following: 

22 ‘‘(ii) to the State agency shall be 

23 deemed to be references to the designated 

24 State entity; and’’; 

25 (3) by striking subsection (b) and inserting the 

26 following: 


smartinez on DSK6TPTVN1PROD with BILLS
453 

•HR 4227 IH

1 ‘‘(b) INDICATORS.—Not later than 1 year after the 

2 date of enactment of the Workforce Investment Act of 

3 2012, the ILA Director shall develop and publish in the 

4 Federal Register indicators of minimum compliance for 

5 centers for independent living (consistent with the stand6 ards set forth in section 725), and indicators of minimum 

7 compliance for Statewide Independent Living Councils.’’; 

8 (4) in subsection (c)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) REVIEWS.— 

12 ‘‘(A) TYPES OF REVIEWS.—The ILA Di13 rector shall annually conduct— 

14 ‘‘(i) onsite compliance reviews of at 

15 least 15 percent of the centers for inde16 pendent living that receive funds under 

17 section 722 and shall periodically conduct 

18 such a review of each such center; 

19 ‘‘(ii) onsite compliance reviews of at 

20 least one-third of the designated State 

21 units that receive funding under section 

22 723, and, to the extent necessary to deter23 mine the compliance of such a State unit 

24 with subsections (f) and (g) of section 723, 


smartinez on DSK6TPTVN1PROD with BILLS
454 

•HR 4227 IH

1 centers that receive funding under section 

2 723 in such State; and 

3 ‘‘(iii) onsite compliance reviews for at 

4 least 10 percent of the Statewide Inde5 pendent Living Councils established in 

6 each State under section 705. 

7 ‘‘(B) SELECTIONS.—The ILA Director 

8 shall select the centers, State units, and Coun9 cils described in this paragraph for review on a 

10 random basis.’’; and 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘Commissioner’’ 

14 and inserting ‘‘ILA Director’’; 

15 (ii) in subparagraph (A), by striking 

16 ‘‘such a review’’ and inserting ‘‘a review 

17 described in paragraph (1)’’; and 

18 (iii) in subparagraphs (A) and (B), by 

19 striking ‘‘Department’’ each place it ap20 pears and inserting ‘‘Independent Living 

21 Administration’’; and 

22 (5) by striking subsection (d). 


smartinez on DSK6TPTVN1PROD with BILLS
455 

•HR 4227 IH

1 CHAPTER 2—INDEPENDENT LIVING 

2 SERVICES 

3 SEC. 477. ADMINISTRATION. 

4 (a) ALLOTMENTS.—Section 711 (29 U.S.C. 796e) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)(A)— 

8 (i) by striking ‘‘Except’’ and inserting 

9 ‘‘After the reservation required by section 

10 711A is made, and except’’; and 

11 (ii) by inserting ‘‘the remainder of 

12 the’’ before ‘‘sums appropriated’’; and 

13 (B) in paragraph (2)(B), by striking 

14 ‘‘amounts made available for purposes of this 

15 part’’ and inserting ‘‘remainder described in 

16 paragraph (1)(A)’’; 

17 (2) in subsections (a), (b), and (c), by striking 

18 ‘‘Commissioner’’ each place it appears and inserting 

19 ‘‘ILA Director’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(d) ADMINISTRATION.—Funds allotted or made 

22 available to a State under this section shall be adminis23 tered by the designated State entity, in accordance with 

24 the approved State plan, except for States covered by sec25 tion 723.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
456 

•HR 4227 IH

1 (b) TRAINING AND TECHNICAL ASSISTANCE.—Part 

2 B of title VII is amended by inserting after section 711 

3 (29 U.S.C. 796e) the following: 

4 ‘‘SEC. 711A. TRAINING AND TECHNICAL ASSISTANCE. 

5 ‘‘(a) IN GENERAL.—From the funds appropriated to 

6 carry out this part for any fiscal year, beginning with fis7 cal year 2012, the ILA Director shall first reserve not less 

8 than 1.8 percent and not more than 2 percent of the funds 

9 to provide training and technical assistance to Statewide 

10 Independent Living Councils for such fiscal year. 

11 ‘‘(b) ALLOCATION.—From the funds reserved under 

12 subsection (a), the ILA Director shall make grants to, and 

13 enter into contracts and other arrangements with, entities 

14 that have experience in the operation of Statewide Inde15 pendent Living Councils to provide such training and tech16 nical assistance with respect to developing, conducting, ad17 ministering, and evaluating Statewide Independent Living 

18 Councils. 

19 ‘‘(c) FUNDING PRIORITIES.—The ILA Director shall 

20 conduct a survey of Statewide Independent Living Coun21 cils regarding training and technical assistance needs in 

22 order to determine funding priorities for such grants, con23 tracts, or other arrangements. 

24 ‘‘(d) REVIEW.—To be eligible to receive a grant or 

25 enter into a contract or other arrangement under this secVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
457 

•HR 4227 IH

1 tion, such an entity shall submit an application to the ILA 

2 Director at such time, in such manner, and containing a 

3 proposal to provide such training and technical assistance, 

4 and containing such additional information as the ILA Di5 rector may require. The ILA Director shall provide for 

6 peer review of grant applications by panels that include 

7 persons who are not government employees and who have 

8 experience in the operation of Statewide Independent Liv9 ing Councils.’’. 

10 (c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e– 

11 1(a)) is amended by striking ‘‘Commissioner’’ and insert12 ing ‘‘ILA Director.’’ 

13 (d) AUTHORIZED USES OF FUNDS.—Section 713 (29 

14 U.S.C. 796e–2) is amended— 

15 (1) by striking the matter preceding paragraph 

16 (1) and inserting the following: 

17 ‘‘(a) IN GENERAL.—The State may use funds re18 ceived under this part (but not more than 30 percent of 

19 the funds paid to the State under section 712) to provide 

20 the resources described in section 705(e), relating to the 

21 Statewide Independent Living Council, may retain funds 

22 under section 704(c)(5), and shall distribute the remain23 der of the funds received under this part in a manner con24 sistent with the approved State plan under section 704 

25 for the activities described in subsection (b). 


smartinez on DSK6TPTVN1PROD with BILLS
458 

•HR 4227 IH

1 ‘‘(b) ACTIVITIES.—The State may use the remainder 

2 of the funds described in subsection (a)—’’; and 

3 (2) in paragraph (1), by inserting ‘‘, particu4 larly those in unserved areas of the State’’ after 

5 ‘‘disabilities’’. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 714 (29 U.S.C. 796e–3) is amended by striking ‘‘1999 

8 through 2003’’ and inserting ‘‘2012 through 2016’’. 

9 CHAPTER 3—CENTERS FOR 

10 INDEPENDENT LIVING 

11 SEC. 481. PROGRAM AUTHORIZATION. 

12 Section 721 (29 U.S.C. 796f) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘1999’’ and inserting 

15 ‘‘2012’’; 

16 (B) by striking ‘‘Commissioner shall allot’’ 

17 and inserting ‘‘ILA Director shall make avail18 able’’; and 

19 (C) by inserting ‘‘, centers for independent 

20 living,’’ after ‘‘States’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘For’’ and all that fol24 lows through ‘‘Commissioner’’ and insert25 ing ‘‘From the funds appropriated to carry 


smartinez on DSK6TPTVN1PROD with BILLS
459 

•HR 4227 IH

1 out this part for any fiscal year, beginning 

2 with fiscal year 2012, the ILA Director’’; 

3 (ii) by inserting ‘‘not less than 1.8 

4 percent and not more than 2 percent of the 

5 funds’’ after ‘‘reserve’’; and 

6 (iii) by striking ‘‘eligible agencies’’ 

7 and all that follows and inserting ‘‘centers 

8 for independent living and eligible agencies 

9 for such fiscal year.’’; 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘Commissioner’’ and 

12 inserting ‘‘ILA Director’’; and 

13 (ii) by inserting ‘‘fiscal management 

14 of,’’ before ‘‘planning,’’; 

15 (C) in paragraphs (3), (4), and (5), by 

16 striking ‘‘Commissioner’’ each place it appears 

17 and inserting ‘‘ILA Director’’; and 

18 (D) in paragraph (3), by striking ‘‘State19 wide Independent Living Councils and’’; 

20 (3) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) ALLOTMENTS TO STATES.— 

23 ‘‘(1) DEFINITIONS.—In this subsection: 

24 ‘‘(A) ADDITIONAL APPROPRIATION.—The 

25 term ‘additional appropriation’ means the 


smartinez on DSK6TPTVN1PROD with BILLS
460 

•HR 4227 IH

1 amount (if any) by which the appropriation for 

2 a fiscal year exceeds the total of— 

3 ‘‘(i) the amount reserved under sub4 section (b) for that fiscal year; and 

5 ‘‘(ii) the appropriation for fiscal year 

6 2008. 

7 ‘‘(B) APPROPRIATION.—The term ‘appro8 priation’ means the amount appropriated to 

9 carry out this part. 

10 ‘‘(C) BASE APPROPRIATION.—The term 

11 ‘base appropriation’ means the portion of the 

12 appropriation for a fiscal year that is equal to 

13 the lesser of— 

14 ‘‘(i) an amount equal to 100 percent 

15 of the appropriation, minus the amount re16 served under subsection (b) for that fiscal 

17 year; or 

18 ‘‘(ii) the appropriation for fiscal year 

19 2008. 

20 ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP21 PROPRIATION.—After the reservation required by 

22 subsection (b) has been made, the ILA Director 

23 shall allot to each State whose State plan has been 

24 approved under section 706 an amount that bears 

25 the same ratio to the base appropriation as the 


smartinez on DSK6TPTVN1PROD with BILLS
461 

•HR 4227 IH

1 amount the State received under this subsection for 

2 fiscal year 2008 bears to the total amount that all 

3 States received under this subsection for fiscal year 

4 2008. 

5 ‘‘(3) ALLOTMENTS TO STATES OF ADDITIONAL

6 APPROPRIATION.—From the portion of any addi7 tional appropriation for each fiscal year that remains 

8 after the application of paragraph (4), the ILA Di9 rector shall allot to each State whose State plan has 

10 been approved under section 706 an amount equal 

11 to the sum of— 

12 ‘‘(A) an amount that bears the same ratio 

13 to 50 percent of the portion as the population 

14 of the State bears to the population of all 

15 States; and 

‘‘(B) 1 16 ⁄56 of 50 percent of that portion. 

17 ‘‘(4) GRANTS FOR CENTERS FOR AMERICAN IN18 DIANS.— 

19 ‘‘(A) GRANTS.—The ILA Director may re20 serve not more than 5 percent of the additional 

21 appropriation for any fiscal year. The ILA Di22 rector shall use the reserved funds to make in23 dividual grants to support new or existing cen24 ters for independent living run by, or in con25 junction with, the governing bodies of American 


smartinez on DSK6TPTVN1PROD with BILLS
462 

•HR 4227 IH

1 Indian tribes located on Federal or State res2 ervations (including consortia of such governing 

3 bodies). A governing body that receives such a 

4 grant shall use the grant funds for such a cen5 ter that serves American Indians who are indi6 viduals with disabilities residing on or near 

7 such a reservation. 

8 ‘‘(B) APPLICATIONS.— 

9 ‘‘(i) IN GENERAL.—To be eligible to 

10 receive a grant under this paragraph for 

11 an independent living center, a governing 

12 body, or a governing body in conjunction 

13 with a center for independent living, shall 

14 submit an application to the ILA Director 

15 at such time, in such manner and con16 taining such information as the ILA Direc17 tor may require, and obtain approval for 

18 the application. 

19 ‘‘(ii) CONTENTS.—At a minimum, the 

20 application shall contain an assurance that 

21 the center— 

22 ‘‘(I) will meet the definition of a 

23 center for independent living under 

24 section 702; 


smartinez on DSK6TPTVN1PROD with BILLS
463 

•HR 4227 IH

1 ‘‘(II) will provide independent liv2 ing core services (as defined in section 

3 7(17)) to American Indians described 

4 in subparagraph (A) and, in appro5 priate cases, may provide to such 

6 American Indians services tradition7 ally used by Indian tribes; 

8 ‘‘(III) will have sufficient staff to 

9 provide the services described in sub10 clause (II); and 

11 ‘‘(IV) will comply with the stand12 ards and provide and comply with the 

13 assurances for centers for independent 

14 living under section 725. 

15 ‘‘(C) CARRYOVER AUTHORITY.—Notwith16 standing any other provision of law, any funds 

17 provided through a grant made under subpara18 graph (A) to an individual grant recipient for a 

19 fiscal year that are not obligated or expended 

20 by the recipient prior to the beginning of the 

21 succeeding fiscal year shall remain available for 

22 obligation and expenditure by such recipient 

23 during that succeeding fiscal year and the sub24 sequent fiscal year. 


smartinez on DSK6TPTVN1PROD with BILLS
464 

•HR 4227 IH

1 ‘‘(D) RESERVATION.—In this paragraph, 

2 the term ‘reservation’ has the meaning given 

3 the term in section 121(d).’’; 

4 (4) in subsection (d), by striking ‘‘Commis5 sioner’’ each place it appears and inserting ‘‘ILA Di6 rector’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(e) CARRYOVER AUTHORITY.—Notwithstanding any 

9 other provision of law— 

10 ‘‘(1) any funds appropriated for a fiscal year to 

11 carry out a grant program under section 722 or 

12 723, that are not obligated and expended by the re13 cipients prior to the beginning of the succeeding fis14 cal year shall remain available for obligation and ex15 penditure by such recipients during that succeeding 

16 fiscal year and the subsequent fiscal year; and 

17 ‘‘(2) any amounts of program income received 

18 by recipients under a grant program under section 

19 722 or 723 in a fiscal year, that are not obligated 

20 and expended by the recipients prior to the begin21 ning of the succeeding fiscal year, shall remain avail22 able for obligation and expenditure by such recipi23 ents during that succeeding fiscal year and the sub24 sequent fiscal year.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
465 

•HR 4227 IH

1 SEC. 482. CENTERS. 

2 (a) CENTERS IN STATES IN WHICH FEDERAL FUND3 ING EXCEEDS STATE FUNDING.—Section 722 (29 U.S.C. 

4 796f–1) is amended— 

5 (1) in subsections (a), (b), and (c), by striking 

6 ‘‘Commissioner’’ each place it appears and inserting 

7 ‘‘ILA Director’’; 

8 (2) in subsection (c)— 

9 (A) by striking ‘‘grants’’ and inserting 

10 ‘‘grants for a fiscal year’’; and 

11 (B) by striking ‘‘by September 30, 1997’’ 

12 and inserting ‘‘for the preceding fiscal year’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘Commissioner’’ and 

16 inserting ‘‘ILA Director’’; and 

17 (ii) by striking ‘‘region, consistent’’ 

18 and all that follows and inserting ‘‘region. 

19 The ILA Director’s determination of the 

20 most qualified applicant shall be consistent 

21 with the provisions in the State plan set22 ting forth the design of the State for es23 tablishing a statewide network of centers 

24 for independent living.’’; and 

25 (B) in paragraph (2)— 


smartinez on DSK6TPTVN1PROD with BILLS
466 

•HR 4227 IH

1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘Commissioner’’ 

3 and inserting ‘‘ILA Director’’; and 

4 (ii) by striking subparagraph (A) and 

5 inserting the following: 

6 ‘‘(A) shall consider comments regarding 

7 the application— 

8 ‘‘(i) by individuals with disabilities 

9 and other interested parties within the new 

10 region proposed to be served; 

11 ‘‘(ii) if any, by the Statewide Inde12 pendent Living Council in the State in 

13 which the applicant is located;’’; and 

14 (iii) in subparagraph (C), by inserting 

15 ‘‘, and consistent with the other objectives 

16 of this title’’ before the period; and 

17 (4) in subsections (e) and (g) by striking ‘‘Com18 missioner’’ each place it appears and inserting ‘‘ILA 

19 Director.’’. 

20 (b) CENTERS IN STATES IN WHICH STATE FUNDING

21 EXCEEDS FEDERAL FUNDING.—Section 723 (29 U.S.C. 

22 796f–2) is amended— 

23 (1) in subsections (a), (b), (g), (h), and (i), by 

24 striking ‘‘Commissioner’’ each place it appears and 

25 inserting ‘‘ILA Director’’; 


smartinez on DSK6TPTVN1PROD with BILLS
467 

•HR 4227 IH

1 (2) in subsection (a), in the header of para2 graph (3), by striking ‘‘COMMISSIONER’’ and insert3 ing ‘‘ILA DIRECTOR’’; and 

4 (3) in subsection (c)— 

5 (A) by striking ‘‘grants’’ and inserting 

6 ‘‘grants for a fiscal year’’; and 

7 (B) by striking ‘‘by September 30, 1997’’ 

8 and inserting ‘‘for the preceding fiscal year’’. 

9 (c) CENTERS OPERATED BY STATE AGENCIES.—Sec10 tion 724 (29 U.S.C. 796f–3) is amended— 

11 (1) in the matter preceding paragraph (1)— 

12 (A) by striking ‘‘1993’’ and inserting 

13 ‘‘2012’’; 

14 (B) by striking ‘‘Rehabilitation Act 

15 Amendments of 1998’’ and inserting ‘‘Work16 force Investment Act of 2012’’; and 

17 (C) by striking ‘‘1994’’ and inserting 

18 ‘‘2012’’; and 

19 (2) by striking ‘‘Commissioner’’ each place it 

20 appears and inserting ‘‘ILA Director’’. 

21 SEC. 483. STANDARDS AND ASSURANCES. 

22 Section 725 (29 U.S.C. 796f–4) is amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (1)(D), by striking ‘‘to 

25 society’’ and inserting ‘‘, both within the comVerDate Mar 15 2010 00:48 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H4227.IH H4227

smartinez on DSK6TPTVN1PROD with BILLS
468 

•HR 4227 IH

1 munity and throughout the United States,’’; 

2 and 

3 (B) in paragraph (5)— 

4 (i) by inserting ‘‘(as defined in section 

5 7(17))’’ after ‘‘core services’’; and 

6 (ii) by inserting before the period the 

7 following: ‘‘to eligible individuals, to pro8 mote full access to community life’’; and 

9 (2) in subsection (c), by striking ‘‘Commis10 sioner’’ each place it appears and inserting ‘‘ILA Di11 rector’’. 

12 SEC. 484. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 727 (29 U.S.C. 796f–6) is amended by strik14 ing ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

15 years 2012 through 2016’’. 

16 CHAPTER 4—INDEPENDENT LIVING SERV17 ICES FOR OLDER INDIVIDUALS WHO 

18 ARE BLIND 

19 SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER IN20 DIVIDUALS WHO ARE BLIND. 

21 Chapter 2 of title VII of the Rehabilitation Act of 

22 1973 (29 U.S.C. 796j et seq.) is amended— 

23 (1) by redesignating sections 752 and 753 as 

24 sections 753 and 754, respectively; and 

25 (2) by inserting after section 751 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
469 

•HR 4227 IH

1 ‘‘SEC. 752. TRAINING AND TECHNICAL ASSISTANCE. 

2 ‘‘(a) GRANTS; CONTRACTS; OTHER ARRANGE3 MENTS.—For any fiscal year for which the funds appro4 priated to carry out this chapter exceed the funds appro5 priated to carry out this chapter for fiscal year 2008, the 

6 Commissioner shall first reserve from such excess, to pro7 vide training and technical assistance to designated State 

8 agencies, or other providers of independent living services 

9 for older individuals who are blind, that are funded under 

10 this chapter for such fiscal year, not less than 1.8 percent, 

11 and not more than 2 percent, of the funds appropriated 

12 to carry out this chapter for the fiscal year involved. 

13 ‘‘(b) ALLOCATION.—From the funds reserved under 

14 subsection (a), the Commissioner shall make grants to, 

15 and enter into contracts and other arrangements with, en16 tities that demonstrate expertise in the provision of serv17 ices to older individuals who are blind, to provide training 

18 and technical assistance with respect to planning, devel19 oping, conducting, administering, and evaluating inde20 pendent living programs for older individuals who are 

21 blind. 

22 ‘‘(c) FUNDING PRIORITIES.—The Commissioner shall 

23 conduct a survey of designated State agencies that receive 

24 grants under section 753 regarding training and technical 

25 assistance needs in order to determine funding priorities 


smartinez on DSK6TPTVN1PROD with BILLS
470 

•HR 4227 IH

1 for grants, contracts, and other arrangements under this 

2 section. 

3 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

4 or enter into a contract or other arrangement under this 

5 section, an entity shall submit an application to the Com6 missioner at such time, in such manner, containing a pro7 posal to provide such training and technical assistance, 

8 and containing such additional information as the Com9 missioner may require. 

10 ‘‘(e) PROHIBITION ON COMBINED FUNDS.—No funds 

11 reserved by the Commissioner under this section may be 

12 combined with funds appropriated under any other Act or 

13 portion of this Act if the purpose of combining funds is 

14 to make a single discretionary grant or a single discre15 tionary payment, unless such reserved funds are sepa16 rately identified in the agreement for such grant or pay17 ment and are used for the purposes of this chapter.’’. 

18 SEC. 487. PROGRAM OF GRANTS. 

19 Section 753 of the Rehabilitation Act of 1973 (29 

20 U.S.C. 796k), as redesignated by section 586, is amend21 ed— 

22 (1) by striking subsection (h); 

23 (2) by redesignating subsections (i) and (j) as 

24 subsections (h) and (i), respectively; 


smartinez on DSK6TPTVN1PROD with BILLS
471 

•HR 4227 IH

1 (3) in subsection (b), by striking ‘‘section 753’’ 

2 and inserting ‘‘section 754’’; 

3 (4) in subsection (c)— 

4 (A) in paragraph (1), by striking ‘‘section 

5 753’’ and inserting ‘‘section 754’’; and 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘subsection (j)’’ and in8 serting ‘‘subsection (i)’’; and 

9 (ii) by striking ‘‘subsection (i)’’ and 

10 inserting ‘‘subsection (h)’’; 

11 (5) in subsection (g), by inserting ‘‘, or con12 tracts with,’’ after ‘‘grants to’’; 

13 (6) in subsection (h), as redesignated by para14 graph (2)— 

15 (A) in paragraph (1), by striking ‘‘sub16 section (j)(4)’’ and inserting ‘‘subsection 

17 (i)(4)’’; and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A)(vi), by adding 

20 ‘‘and’’ after the semicolon; 

21 (ii) in subparagraph (B)(ii)(III), by 

22 striking ‘‘; and’’ and inserting a period; 

23 and 

24 (iii) by striking subparagraph (C); 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
472 

•HR 4227 IH

1 (7) in subsection (i), as redesignated by para2 graph (2)— 

3 (A) by striking paragraph (2) and insert4 ing the following: 

5 ‘‘(2) MINIMUM ALLOTMENT.— 

6 ‘‘(A) STATES.—In the case of any of the 

7 several States, the District of Columbia, or the 

8 Commonwealth of Puerto Rico, the amount re9 ferred to in paragraph (1)(A) for a fiscal year 

10 is the greater of— 

11 ‘‘(i) $350,000; 

12 ‘‘(ii) an amount equal to the amount 

13 the State, the District of Columbia, or the 

14 Commonwealth of Puerto Rico received to 

15 carry out this chapter for fiscal year 2008; 

16 or 

‘‘(iii) an amount equal to 1 17 ⁄3 of 1 per18 cent of the amount appropriated under sec19 tion 754, and not reserved under section 

20 752, for the fiscal year and available for 

21 allotments under subsection (a). 

22 ‘‘(B) CERTAIN TERRITORIES.—In the case 

23 of Guam, American Samoa, the United States 

24 Virgin Islands, or the Commonwealth of the 

25 Northern Mariana Islands, the amount referred 


smartinez on DSK6TPTVN1PROD with BILLS
473 

•HR 4227 IH

1 to in paragraph (1)(A) for a fiscal year is 

2 $60,000.’’; 

3 (B) in paragraph (3)(A), by striking ‘‘sec4 tion 753’’ and inserting ‘‘section 754, and not 

5 reserved under section 752,’’; and 

6 (C) in paragraph (4)(B)(i), by striking 

7 ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’. 

8 SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER IN9 DIVIDUALS WHO ARE BLIND AUTHORIZATION 

10 OF APPROPRIATIONS. 

11 Section 754 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 796l), as redesignated by section 586, is amended 

13 by striking ‘‘fiscal years 1999 through 2003’’ and insert14 ing ‘‘fiscal years 2012 through 2016’’. 

15 Subtitle I—Increasing Employment 

16 Opportunities for Individuals 

17 With Disabilities 

18 SEC. 491. DISABILITY EMPLOYMENT. 

19 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

20 seq.) is amended by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
474 

•HR 4227 IH

1 ‘‘TITLE VIII—INCREASING EM2 PLOYMENT OPPORTUNITIES 

3 FOR INDIVIDUALS WITH DIS4 ABILITIES 

5 ‘‘SEC. 801. PUBLIC EDUCATION CAMPAIGNS ABOUT HIRING 

6 INDIVIDUALS WITH DISABILITIES. 

7 ‘‘(a) IN GENERAL.—Not later than 120 days after 

8 the date of enactment of the Workforce Investment Act 

9 of 2012, the Secretary of Labor, acting through the As10 sistant Secretary and in coordination with the Commis11 sioner of the Rehabilitation Services Administration, the 

12 Commissioner of Social Security, the Commissioner of the 

13 Internal Revenue Service, and the heads of other relevant 

14 Federal agencies and divisions of Federal agencies, shall 

15 develop and carry out public education campaigns that 

16 educate employers (including small businesses), employees 

17 (including individuals with disabilities), and members of 

18 the general public (including young adults) on the benefits 

19 of hiring individuals with disabilities. The public education 

20 campaign for employers (including small businesses) shall 

21 include information on— 

22 ‘‘(1) the work opportunity credit under section 

23 51 of the Internal Revenue Code of 1986; and 


smartinez on DSK6TPTVN1PROD with BILLS
475 

•HR 4227 IH

1 ‘‘(2) tax incentives available to businesses to 

2 help cover the cost of improving accessibility, includ3 ing— 

4 ‘‘(A) the disabled access credit under sec5 tion 44 of the Internal Revenue Code of 1986; 

6 and 

7 ‘‘(B) the tax deduction available under sec8 tion 190 of the Internal Revenue Code of 1986, 

9 for expenses for architectural barrier removal. 

10 ‘‘(b) EDUCATIONAL MATERIALS.—The public edu11 cation campaigns described in subsection (a) shall include, 

12 as necessary, different educational materials in order to 

13 adequately target and educate, small businesses, employ14 ers generally, employees, and members of the general pub15 lic, including educational materials on work incentives that 

16 may assist individuals with disabilities in leaving programs 

17 of public benefits, entering the workforce, advancing their 

18 economic status, and contributing to and participating 

19 more fully in their communities.’’. 

20 SEC. 492. TABLE OF CONTENTS. 

21 The table of contents in section 1(b) is amended— 

22 (1) by striking the item relating to section 109 

23 and inserting the following: 

‘‘Sec. 109. Training and services for employers.’’; 

24 (2) by inserting after the item relating to sec25 tion 112 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
476 

•HR 4227 IH

‘‘Sec. 113. Additional technical assistance. 

‘‘Sec. 114. Pre-employment transition services.’’; 

1 (3) by inserting after the item relating to sec2 tion 205 the following: 

‘‘Sec. 206. Definition of covered school.’’; 

3 (4) by inserting after the item relating to sec4 tion 509 the following: 

‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equipment.’’; 

5 (5) by striking the items relating to part B of 

6 title VI and inserting the following: 

‘‘PART B—SUPPORTED EMPLOYMENT SERVICES

‘‘Sec. 620. Authorization of appropriations.’’; 

7 (6) in the items relating to title VII— 

8 (A)(i) by inserting after the item relating 

9 to section 701 the following: 

‘‘Sec. 701A. Independent Living Administration.’’; 

10 and 

11 (ii) by striking the item relating to section 

12 706 and inserting the following: 

‘‘Sec. 706. Responsibilities of the ILA Director.’’; 

13 (B) by inserting after the item relating to 

14 section 711 the following: 

‘‘Sec. 711A. Training and technical assistance.’’; 

15 and 

16 (C) by striking the items relating to sec17 tions 752 and 753 and inserting the following: 

‘‘Sec. 752. Training and technical assistance. 


smartinez on DSK6TPTVN1PROD with BILLS
477 

•HR 4227 IH

‘‘Sec. 753. Program of grants. 

‘‘Sec. 754. Authorization of appropriations.’’; 

1 and 

2 (7) by adding at the end the following: 

‘‘TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR 

INDIVIDUALS WITH DISABILITIES 

‘‘Sec. 801. Public education campaigns about hiring individuals with disabilities.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS