I 

112TH CONGRESS 

2D SESSION H. R. 4297 

To reform and strengthen the workforce investment system of the Nation 

to put Americans back to work and make the United States more 

competitive in the 21st century. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Ms. FOXX (for herself, Mr. MCKEON, and Mr. HECK) introduced the following 

bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, Agriculture, 

Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform and strengthen the workforce investment system 

of the Nation to put Americans back to work and make 

the United States more competitive in the 21st century. 

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. 

4 This Act may be cited as the ‘‘Workforce Investment 

5 Improvement Act of 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Effective date. 

TITLE I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT 

OF 1998 

Sec. 101. Definitions. 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

Sec. 108. Establishment of one-stop delivery system. 

Sec. 109. Identification of eligible providers of training services. 

Sec. 110. General authorization. 

Sec. 111. State allotments. 

Sec. 112. Within State allocations. 

Sec. 113. Use of funds for employment and training activities. 

Sec. 114. Performance accountability system. 

Sec. 115. Authorization of appropriations. 

Sec. 116. Technical assistance. 

Sec. 117. Evaluations. 

Sec. 118. Amendments to section 173. 

Sec. 119. Requirements and restrictions. 

Sec. 120. Prompt allocation of funds. 

Sec. 121. Fiscal controls; Sanctions. 

Sec. 122. Reports to congress. 

Sec. 123. Administrative provisions. 

Sec. 124. State legislative authority. 

Sec. 125. Continuation of State activities and policies. 

Sec. 126. General program requirements. 

Sec. 127. State unified plan. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

Sec. 201. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Amendments to the Wagner-Peyser Act. 

TITLE IV—REPEALS AND CONFORMING AMENDMENTS 

Sec. 401. Repeals. 

Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 

Sec. 403. Amendments to the Food and Nutrition Act of 2008. 

Sec. 404. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation services administration. 


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Sec. 503. Definitions. 

Sec. 504. State plan. 

Sec. 505. Scope of services. 

Sec. 506. Standards and indicators. 

Sec. 507. Collaboration with industry. 

Sec. 508. Reservation for expanded transition services. 

Sec. 509. Client assistance program. 

Sec. 510. Title III repeals. 

Sec. 511. Repeal of title VI. 

Sec. 512. Chairperson. 

Sec. 513. Authorizations of appropriations. 

Sec. 514. Conforming amendments. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the amendment or repeal shall be considered to be 

6 made to a section or other provision of the Workforce In7 vestment Act of 1998 (20 U.S.C. 9201 et seq.). 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise provided, this Act and the 

10 amendments made by this Act shall be effective with re11 spect to fiscal year 2013 and succeeding fiscal years. 

12 TITLE I—AMENDMENTS TO THE 

13 WORKFORCE INVESTMENT 

14 ACT OF 1998 

15 SEC. 101. DEFINITIONS. 

16 Section 101 (29 U.S.C. 2801) is amended— 

17 (1) by striking paragraphs (13) and (24); 

18 (2) by redesignating paragraphs (1) through 

19 (12) as paragraphs (3) through (14), and paraVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 graphs (14) through (23) as paragraphs (15) 

2 through (24), respectively; 

3 (3) by striking paragraphs (52) and (53); 

4 (4) by inserting after ‘‘In this title:’’ the fol5 lowing new paragraphs: 

6 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac7 crued expenditures’ means charges incurred by re8 cipients of funds under this title for a given period 

9 requiring the provision of funds for goods or other 

10 tangible property received; services performed by 

11 employees, contractors, subgrantees, subcontractors, 

12 and other payees; and other amounts becoming owed 

13 under programs assisted under this title for which 

14 no current services or performance is required, such 

15 as annuities, insurance claims, and other benefit 

16 payments. 

17 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad18 ministrative costs’ means expenditures incurred by 

19 State and local workforce investment boards, direct 

20 recipients (including State grant recipients under 

21 subtitle B and recipients of awards under subtitle 

22 D), local grant recipients, local fiscal agents or local 

23 grant subrecipients, and one-stop operators in the 

24 performance of administrative functions and in car25 rying out activities under this title which are not reVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 lated to the direct provision of workforce investment 

2 services (including services to participants and em3 ployers). Such costs include both personnel and non4 personnel and both direct and indirect.’’; 

5 (5) in paragraph (3) (as so redesignated), by 

6 striking ‘‘Except in sections 127 and 132, the’’ and 

7 inserting ‘‘The’’; 

8 (6) by amending paragraph (5) (as so redesig9 nated) to read as follows: 

10 ‘‘(5) AREA CAREER AND TECHNICAL EDU11 CATION SCHOOL.—The term ‘area career and tech12 nical education school’ has the meaning given the 

13 term in section 3(3) of the Carl D. Perkins Career 

14 and Technical Education Act of 2006 (20 U.S.C. 

15 2302(3)).’’; 

16 (7) in paragraph (6) (as so redesignated), by 

17 inserting ‘‘(or such other level as the Governor may 

18 establish)’’ after ‘‘8th grade level’’; 

19 (8) in paragraph (10)(C) (as so redesignated), 

20 by striking ‘‘not less than 50 percent of the cost of 

21 the training’’ and inserting ‘‘a significant portion of 

22 the cost of training, as determined by the local 

23 board (or, in the case of an employer in multiple 

24 local areas in the State, as determined by the Gov25 ernor), taking into account the size of the employer 


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1 and such other factors as the local board determines 

2 to be appropriate’’; 

3 (9) in paragraph (11) (as so redesignated)— 

4 (A) in subparagraph (A)(ii)(II), by striking 

5 ‘‘section 134(c)’’ and inserting ‘‘section 

6 121(e)’’; 

7 (B) in subparagraph (B)(iii), by striking 

8 ‘‘intensive services described in section 

9 134(d)(3)’’ and inserting ‘‘work ready services 

10 described in section 134(c)(2)’’; 

11 (C) in subparagraph (C), by striking ‘‘or’’ 

12 after the semicolon; 

13 (D) in subparagraph (D), by striking the 

14 period and inserting ‘‘; or’’; and 

15 (E) by adding at the end the following: 

16 ‘‘(E)(i) is the spouse of a member of the 

17 Armed Forces on active duty for a period of 

18 more than 30 days (as defined in section 

19 101(d)(2) of title 10, United States Code) who 

20 has experienced a loss of employment as a di21 rect result of relocation to accommodate a per22 manent change in duty station of such member; 

23 or 

24 ‘‘(ii) is the spouse of a member of the 

25 Armed Forces on active duty who meets 


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1 the criteria described in paragraph 

2 (12)(B).’’; 

3 (10) in paragraph (12)(A) (as redesignated)— 

4 (A) by striking ‘‘and’’ after the semicolon 

5 and inserting ‘‘or’’; 

6 (B) by striking ‘‘(A)’’ and inserting 

7 ‘‘(A)(i)’’; and 

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

9 ‘‘(ii) is the dependent spouse of a 

10 member of the Armed Forces on active 

11 duty for a period of more than 30 days (as 

12 defined in section 101(d)(2) of title 10, 

13 United States Code) whose family income 

14 is significantly reduced because of a de15 ployment (as defined in section 991(b) of 

16 title 10, United States Code, or pursuant 

17 to paragraph (4) of such section), a call or 

18 order to active duty pursuant to a provi19 sion of law referred to in section 

20 101(a)(13)(B) of title 10, United States 

21 Code, a permanent change of station, or 

22 the service-connected (as defined in section 

23 101(16) of title 38, United States Code) 

24 death or disability of the member; and’’; 


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1 (11) in paragraph (13) (as so redesignated), by 

2 inserting ‘‘or regional’’ after ‘‘local’’ each place it 

3 appears; 

4 (12) in paragraph (14) (as so redesignated)— 

5 (A) in subparagraph (A), by striking ‘‘sec6 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

7 (B) by striking subparagraph (B), and in8 serting the following: 

9 ‘‘(B) work ready services, means a provider 

10 who is identified or awarded a contract as de11 scribed in section 134(c)(2);’’; and 

12 (C) by striking subparagraph (C); 

13 (13) in paragraph (15), by striking ‘‘adult or 

14 dislocated worker’’ and inserting ‘‘individual’’; 

15 (14) in paragraph (25)— 

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

17 ‘‘higher of—’’ and all that follows through 

18 clause (ii) and inserting ‘‘poverty line for an 

19 equivalent period;’’; 

20 (B) by redesignating subparagraphs (D) 

21 through (F) as subparagraphs (E) through (G), 

22 respectively; and 

23 (C) by inserting after subparagraph (C) 

24 the following: 


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1 ‘‘(D) receives or is eligible to receive free 

2 or reduced price lunch under the Richard B. 

3 Russell National School Lunch Act (42 U.S.C. 

4 1751 et seq.);’’; 

5 (15) in paragraph (32), by striking ‘‘the Repub6 lic of the Marshall Islands, the Federated States of 

7 Micronesia,’’; 

8 (16) by striking paragraph (33) and redesig9 nating paragraphs (34) through (53) as paragraphs 

10 (33) through (52), respectively; 

11 (17) by striking ‘‘134(a)(1)(A)’’ and replacing 

12 with ‘‘134(a)(1)(B)’’; 

13 (18) by amending paragraph (48) (as so redes14 ignated) to read as follows: 

15 ‘‘(48) VETERAN.—The term ‘veteran’ has the 

16 same meaning given the term in section 2108(1) of 

17 title 5, United States Code.’’; 

18 (19) by amending paragraph (49) (as so redes19 ignated) to read as follows: 

20 ‘‘(49) CAREER AND TECHNICAL EDUCATION.— 

21 The term ‘career and technical education’ has the 

22 meaning given the term in section 3 of the Carl D. 

23 Perkins Career and Technical Education Act of 

24 2006 (20 U.S.C. 2302).’’; and 


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1 (20) in paragraph (51) by striking ‘‘, and youth 

2 activity.’’. 

3 SEC. 102. PURPOSE. 

4 Section 106 (20 U.S.C. 2811) is amended by insert5 ing at the end the following: ‘‘It is also the purpose of 

6 this subtitle to provide workforce investment activities in 

7 a manner that enhances employer engagement, promotes 

8 customer choices in the selection of training services, and 

9 ensures accountability in the use of the taxpayer funds.’’. 

10 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

11 Section 111 (20 U.S.C. 2821) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking subparagraph (B); 

15 (ii) by redesignating subparagraph 

16 (C) as subparagraph (B); and 

17 (iii) in subparagraph (B) (as so redes18 ignated)— 

19 (I) by amending clause (i)(I), by 

20 striking ‘‘section 117(b)(2)(A)(i)’’ and 

21 inserting ‘‘section 117(b)(2)(A)’’; 

22 (II) by amending clause (i)(II) to 

23 read as follows: 

24 ‘‘(II) represent businesses, in25 cluding large and small businesses, 


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1 with immediate and long-term employ2 ment opportunities in in-demand in3 dustries and other occupations impor4 tant to the State economy; and’’; 

5 (III) by striking clause (iii) and 

6 inserting the following: 

7 ‘‘(iii) a State agency official respon8 sible for economic development; and’’; 

9 (IV) by striking clauses (iv) 

10 through (vi); 

11 (V) by amending clause (vii) to 

12 read as follows: 

13 ‘‘(vii) such other representatives and 

14 State agency officials as the Governor may 

15 designate.’’; and 

16 (VI) by redesignating clause (vii) 

17 (as so amended) as clause (iv); and 

18 (B) by amending paragraph (3) to read as 

19 follows: 

‘‘(3) MAJORITY.—A 2 20 ⁄3 majority of the mem21 bers of the board shall be representatives described 

22 in paragraph (1)(B)(i).’’; 

23 (2) by amending subsection (c) by striking 

24 ‘‘(b)(1)(C)(i)’’ and replacing with ‘‘(b)(1)(B)(i)’’; 


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1 (3) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) FUNCTIONS.—The State board shall assist the 

4 Governor of the State as follows: 

5 ‘‘(1) STATE PLAN.—Consistent with section 

6 112, develop a State plan. 

7 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

8 SYSTEM.—Review and develop statewide policies and 

9 programs in the State in a manner that supports a 

10 comprehensive Statewide workforce development sys11 tem that will result in meeting the workforce needs 

12 of the State and its local areas. Such review shall in13 clude determining whether the State should consoli14 date additional programs into the Workforce Invest15 ment Fund under section 132(b). 

16 ‘‘(3) WORKFORCE AND LABOR MARKET INFOR17 MATION SYSTEM.—Develop a statewide workforce 

18 and labor market information system described in 

19 section 15(e) of the Wagner-Peyser Act, which may 

20 include using existing information conducted by the 

21 State economic development agency or related entity 

22 in developing such system. 

23 ‘‘(4) BUSINESS ENGAGEMENT.—Develop strate24 gies across local areas that meet the needs of busi25 nesses and support economic growth in the State by 


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1 enhancing communication, coordination, and collabo2 ration among businesses, economic development enti3 ties, and service providers. 

4 ‘‘(5) DESIGNATION OF LOCAL AREAS.—Des5 ignate local areas as required under section 116. 

6 ‘‘(6) ONE-STOP DELIVERY SYSTEM.—Identify 

7 and disseminate information on best practices for ef8 fective operation of one-stop centers, including use 

9 of innovative business outreach, partnerships, and 

10 service delivery strategies. 

11 ‘‘(7) PROGRAM OVERSIGHT.—Conduct the fol12 lowing program oversight: 

13 ‘‘(A) Reviewing and approving local plans 

14 under section 118. 

15 ‘‘(B) Ensuring the appropriate use of man16 agement of the funds provided for State em17 ployment and training activities authorized 

18 under section 134. 

19 ‘‘(C) Preparing an annual report to the 

20 Secretary described in section 136(d). 

21 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS22 URES.—Develop and ensure continuous improvement 

23 of comprehensive State performance measures, in24 cluding State adjusted levels of performance, as de25 scribed under section 136(b).’’; 


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1 (4) by striking subsection (e) and redesignating 

2 subsection (f) as subsection (e); 

3 (5) in subsection (e) (as so redesignated), by in4 serting ‘‘or participate in action taken’’ after ‘‘vote’’; 

5 (6) by inserting after subsection (e) (as so re6 designated), the following: 

7 ‘‘(f) STAFF.—The State board may employ staff to 

8 assist in carrying out the functions described in subsection 

9 (d).’’; and 

10 (7) in subsection (g), by inserting ‘‘electronic 

11 means and’’ after ‘‘on a regular basis through’’. 

12 SEC. 104. STATE PLAN. 

13 Section 112 (29 U.S.C. 2822)— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘127 or’’; and 

16 (B) by striking ‘‘5-year strategy’’ and in17 serting ‘‘3-year strategy’’; 

18 (2) in subsection (b)— 

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

20 follows: 

21 ‘‘(4) information describing— 

22 ‘‘(A) the economic conditions in the State; 

23 ‘‘(B) the immediate and long-term skilled 

24 workforce needs of in-demand industries and 


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1 other occupations important to the State econ2 omy; 

3 ‘‘(C) the knowledge and skills of the work4 force in the State; and 

5 ‘‘(D) workforce development activities (in6 cluding education and training) in the State;’’; 

7 (B) by amending paragraph (7) to read as 

8 follows: 

9 ‘‘(7) a description of the State criteria for de10 termining the eligibility of training providers in ac11 cordance with section 122, including how the State 

12 will take into account the performance of providers 

13 and whether the training programs relate to occupa14 tions that are in-demand;’’; 

15 (C) by amending paragraph (8) to read as 

16 follows: 

17 ‘‘(8)(A) a description of the procedures that will 

18 be taken by the State to assure coordination of, and 

19 avoid duplication among, the programs and activities 

20 identified under section 501(b)(2); and 

21 ‘‘(B) a description of common data collection 

22 and reporting processes used for the programs and 

23 activities described in subparagraph (A), which are 

24 carried out by one-stop partners, including— 


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1 ‘‘(i) assurances that such processes use 

2 quarterly wage records for performance meas3 ures described in section 136(b)(2)(A) that are 

4 applicable to such programs or activities; or 

5 ‘‘(ii) if such wage records are not being 

6 used for the performance measures, an identi7 fication of the barriers to using such wage 

8 records and a description of how the State will 

9 address such barriers within one year of the ap10 proval of the plan;’’; 

11 (D) in paragraph (9), by striking ‘‘, includ12 ing comment by representatives of businesses 

13 and representatives of labor organizations,’’; 

14 (E) in paragraph (11), by striking ‘‘under 

15 sections 127 and 132’’ and inserting ‘‘under 

16 section 132,’’; 

17 (F) by striking paragraph (12); 

18 (G) by redesignating paragraphs (13) 

19 through (18) as paragraphs (12) through (17), 

20 respectively; 

21 (H) by amending paragraph (12) (as so re22 designated) by striking ‘‘(111)(f) and 117(g)’’ 

23 and inserting ‘‘111(e) and 117(f)’’; 


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1 (I) by amending paragraph (13) (as so re2 designated) by striking ‘‘134(c)’’ and inserting 

3 ‘‘121(e)’’; 

4 (J) by amending paragraph (14) (as so re5 designated) by striking ‘‘116(a)(5)’’ and insert6 ing ‘‘116(a)(4)’’; 

7 (K) in paragraph (16) (as so redesig8 nated)— 

9 (i) in subparagraph (A)— 

10 (I) in clause (ii), by striking ‘‘to 

11 dislocated workers’’; 

12 (II) in clause (iii), by striking 

13 ‘‘134(d)(4)’’ and inserting 

14 ‘‘134(c)(4)’’; 

15 (III) by striking ‘‘and’’ at the 

16 end of clause (iii); 

17 (IV) by amending clause (iv) to 

18 read as follows: 

19 ‘‘(iv) how the State will serve the em20 ployment and training needs of dislocated 

21 workers (including displaced homemakers), 

22 low-income individuals (including recipients 

23 of public assistance such as the Supple24 mental Nutrition Assistance Program), 

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1 dividuals training for nontraditional em2 ployment, youth, older workers, ex-offend3 ers, migrant and seasonal farmworkers, 

4 refugee and entrants, veterans (including 

5 disabled and homeless veterans), and Na6 tive Americans; and’’; and 

7 (V) by adding at the end the fol8 lowing new clause: 

9 ‘‘(v) how the State will— 

10 ‘‘(I) consistent with section 188 

11 and Executive Order 13217 (42 

12 U.S.C. 12131 note), serve the employ13 ment and training needs of individuals 

14 with disabilities; and 

15 ‘‘(II) consistent with sections 504 

16 and 508 of the Rehabilitation Act of 

17 1973, include the provision of out18 reach, intake, assessments, and serv19 ice delivery, the development of per20 formance measures, the training of 

21 staff, and other aspects of accessibility 

22 to programs and services under this 

23 subtitle;’’; and 

24 (ii) in subparagraph (B), by striking 

25 ‘‘to the extent practicable’’ and inserting 


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1 ‘‘in accordance with the requirements of 

2 the Jobs for Veterans Act (Public Law 

3 107–288) and the amendments made by 

4 such Act’’; and 

5 (L) by striking paragraph (17) (as so re6 designated) and inserting the following: 

7 ‘‘(17) a description of the strategies and serv8 ices that will be used in the State— 

9 ‘‘(A) to more fully engage businesses, in10 cluding businesses in in-demand industries and 

11 occupations important to the State economy; 

12 ‘‘(B) to meet the needs of businesses in the 

13 State; and 

14 ‘‘(C) to better coordinate workforce devel15 opment programs with economic development; 

16 ‘‘(18) a description of how the State board will 

17 convene (or help to convene) industry or sector part18 nerships that lead to collaborative planning, resource 

19 alignment, and training efforts across multiple firms 

20 for a range of workers employed or potentially em21 ployed by a targeted industry cluster— 

22 ‘‘(A) to encourage industry growth and 

23 competitiveness and to improve worker training, 

24 retention, and advancement in targeted indus25 try clusters; 


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1 ‘‘(B) to address the immediate and long2 term skilled, workforce needs of in-demand in3 dustries and other occupations important to the 

4 State economy, and 

5 ‘‘(C) to address critical skill gaps within 

6 and across industries; 

7 ‘‘(19) a description of how the State will utilize 

8 technology to facilitate access to services in remote 

9 areas, which may be used throughout the State; 

10 ‘‘(20) a description of the State strategy and 

11 assistance to be provided for encouraging regional 

12 cooperation within the State and across State bor13 ders, as appropriate; 

14 ‘‘(21) a description of the actions that will be 

15 taken by the State to foster communication and 

16 partnerships with non-profit organizations (including 

17 community, faith-based, and philanthropic organiza18 tions) that provide employment-related, training, 

19 and complementary services, to enhance the quality 

20 and comprehensiveness of services available to par21 ticipants under this title; and 

22 ‘‘(22) a description of the process and method23 ology for determining— 


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1 ‘‘(A) one-stop partner program contribu2 tions for the cost of the infrastructure of one3 stop centers under section 121(h)(1); and 

4 ‘‘(B) the formula for allocating such infra5 structure funds to local areas under section 

6 121(h)(3).’’; 

7 (3) in subsection (c), by striking ‘‘period, 

8 that—’’ all that follows through paragraph (2) and 

9 inserting ‘‘period, that the plan is inconsistent with 

10 the provisions of this title.’’; and 

11 (4) in subsection (d), by striking ‘‘5-year’’ and 

12 inserting ‘‘3-year’’. 

13 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

14 Section 116 (20 U.S.C. 2831) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘Except as pro19 vided in subsection (b), and consistent 

20 with paragraphs (2), (3), and (4), in’’ 

21 and inserting ‘‘In’’; and 

22 (II) by striking ‘‘127 or’’; and 

23 (ii) by amending subparagraph (B) to 

24 read as follows: 


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1 ‘‘(B) CONSIDERATIONS.—In making the 

2 designation of local areas, the Governor shall 

3 take into consideration the following: 

4 ‘‘(i) The extent to which such local 

5 areas are consistent with labor market 

6 areas. 

7 ‘‘(ii) The extent to which labor market 

8 areas align with economic development re9 gions. 

10 ‘‘(iii) Whether such local areas have 

11 the appropriate education and training 

12 providers to meet the needs of the local 

13 workforce. 

14 ‘‘(iv) The distance that individuals 

15 will need to travel to receive services pro16 vided in such local areas.’’; 

17 (B) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

20 shall, if requested by the Governor of a State, pro21 vide the State with technical assistance in making 

22 the determinations required under paragraph (1). 

23 The Secretary shall not issue regulations governing 

24 determinations to be made under paragraph (1).’’; 


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1 (C) by striking paragraph (3) and insert2 ing the following: 

3 ‘‘(3) DESIGNATION ON RECOMMENDATION OF

4 STATE BOARD.—The Governor may approve a re5 quest from any unit of general local government (in6 cluding a combination of such units) for designation 

7 as a local area under paragraph (1) if the State 

8 board determines, taking into account the factors 

9 described in clauses (i) through (iv) of paragraph 

10 (1)(B), and recommends to the Governor, that such 

11 area shall be so designated.’’; 

12 (D) by striking paragraph (4); and 

13 (E) by redesignating paragraph (5) as 

14 paragraph (4); 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) SINGLE STATES.—Consistent with subsection 

18 (a)(1)(B), the Governor may designate a State as a single 

19 State local area for the purposes of this title.’’; and 

20 (3) in subsection (c)— 

21 (A) in paragraph (1), by adding at the end 

22 the following: ‘‘The State may require the local 

23 boards for the designated region to prepare a 

24 single regional plan that incorporates the ele25 ments of the local plan under section 118 and 


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1 that is submitted and approved in lieu of sepa2 rate local plans under such section.’’; and 

3 (B) in paragraph (2), by striking ‘‘employ4 ment statistics’’ and inserting ‘‘workforce and 

5 labor market information’’. 

6 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

7 Section 117 (29 U.S.C. 2832) is amended— 

8 (1) in subsection (b)— 

9 (A) in subparagraph (A) of paragraph 

10 (2)— 

11 (i) by striking ‘‘include—’’ and all 

12 that follows through ‘‘representatives’’ and 

13 inserting ‘‘include representatives’’; 

14 (ii) by striking clauses (ii) through 

15 (vi); 

16 (iii) by redesignating subclauses (I) 

17 through (III) as clauses (i) through (iii), 

18 respectively; 

19 (iv) by striking clause (ii) (as so re20 designated) and inserting the following: 

21 ‘‘(ii) represent businesses, including large 

22 and small businesses, with immediate and 

23 long-term employment opportunities in in24 demand industries and other occupations 

25 important to the local economy; and’’; and 


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1 (v) by striking the semicolon at the 

2 end of clause (iii) (as so redesignated) and 

3 inserting ‘‘; and’’; 

4 (B) in paragraph (4)— 

5 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 6 ⁄3 majority’’; and 

7 (ii) by striking ‘‘(2)(A)(i)’’ and insert8 ing ‘‘(2)(A)’’; 

9 (C) in paragraph (5) by striking 

10 ‘‘(2)(A)(i)’’ and inserting ‘‘(2)(A)’’; and 

11 (D) by striking subsection (c)(1)(C); 

12 (2) by amending subsection (d) to read as fol13 lows: 

14 ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The functions 

15 of the local board shall include the following: 

16 ‘‘(1) LOCAL PLAN.—Consistent with section 

17 118, each local board, in partnership with the chief 

18 elected official for the local area involved, shall de19 velop and submit a local plan to the Governor. 

20 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

21 LABOR MARKET ANALYSIS.— 

22 ‘‘(A) IN GENERAL.—The local board 

23 shall— 

24 ‘‘(i) conduct, and regularly update, an 

25 analysis of— 


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1 ‘‘(I) the economic conditions in 

2 the local area; 

3 ‘‘(II) the immediate and long4 term skilled workforce needs of in-de5 mand industries and other occupa6 tions important to the local economy; 

7 ‘‘(III) the knowledge and skills of 

8 the workforce in the local area; and 

9 ‘‘(IV) workforce development ac10 tivities (including education and train11 ing) in the local area; and 

12 ‘‘(ii) assist the Governor in developing 

13 the statewide workforce and labor market 

14 information system described in section 

15 15(e) of the Wagner-Peyser Act. 

16 ‘‘(B) EXISTING ANALYSIS.—A local board 

17 may use existing analysis by the local economic 

18 development agency or related entity in order to 

19 carry out requirements of subparagraph (A)(i). 

20 ‘‘(3) BUSINESS ENGAGEMENT.—The local 

21 Board shall meet the needs of business and support 

22 economic growth in the local area by enhancing com23 munication, coordination, and collaboration among 

24 businesses, economic development agencies, and 

25 service providers. 


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1 ‘‘(4) BUDGET AND ADMINISTRATION.— 

2 ‘‘(A) BUDGET.— 

3 ‘‘(i) IN GENERAL.—The local board 

4 shall develop a budget for the activities of 

5 the local board in the local area, consistent 

6 with the requirements of this subsection. 

7 ‘‘(ii) TRAINING RESERVATION.—In de8 veloping a budget under clause (i), the 

9 local board shall reserve a percentage of 

10 funds to carry out the activities specified 

11 in section 134(c)(4). The local board shall 

12 use the analysis conducted under para13 graph (2)(A)(i) to determine the appro14 priate percentage of funds to reserve under 

15 this clause. 

16 ‘‘(B) ADMINISTRATION.— 

17 ‘‘(i) GRANT RECIPIENT.— 

18 ‘‘(I) IN GENERAL.—The chief 

19 elected official in a local area shall 

20 serve as the local grant recipient for, 

21 and shall be liable for any misuse of, 

22 the grant funds allocated to the local 

23 area under section 133, unless the 

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1 ernor to act as the local grant recipi2 ent and bear such liability. 

3 ‘‘(II) DESIGNATION.—In order to 

4 assist in administration of the grant 

5 funds, the chief elected official or the 

6 Governor, where the Governor serves 

7 as the local grant recipient for a local 

8 area, may designate an entity to serve 

9 as a local grant subrecipient for such 

10 funds or as a local fiscal agent. Such 

11 designation shall not relieve the chief 

12 elected official or the Governor of the 

13 liability for any misuse of grant funds 

14 as described in subclause (I). 

15 ‘‘(III) DISBURSAL.—The local 

16 grant recipient or an entity designated 

17 under subclause (II) shall disburse the 

18 grant funds for workforce investment 

19 activities at the direction of the local 

20 board, pursuant to the requirements 

21 of this title. The local grant recipient 

22 or entity designated under subclause 

23 (II) shall disburse the funds imme24 diately on receiving such direction 

25 from the local board. 


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1 ‘‘(ii) STAFF.—The local board may 

2 employ staff to assist in carrying out the 

3 functions described in this subsection. 

4 ‘‘(iii) GRANTS AND DONATIONS.—The 

5 local board may solicit and accept grants 

6 and donations from sources other than 

7 Federal funds made available under this 

8 Act. 

9 ‘‘(5) SELECTION OF OPERATORS AND PRO10 VIDERS.— 

11 ‘‘(A) SELECTION OF ONE-STOP OPERA12 TORS.—Consistent with section 121(d), the 

13 local board, with the agreement of the chief 

14 elected official— 

15 ‘‘(i) shall designate or certify one-stop 

16 operators as described in section 

17 121(d)(2)(A); and 

18 ‘‘(ii) may terminate for cause the eli19 gibility of such operators. 

20 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN21 ING SERVICE PROVIDERS.—Consistent with this 

22 subtitle, the local board shall identify eligible 

23 providers of training services described in sec24 tion 134(c)(4), in the local area. 


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1 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO2 VIDERS OF WORK READY SERVICES.—If the 

3 one-stop operator does not provide the services 

4 described in section 134(c)(2) in the local area, 

5 the local board shall identify eligible providers 

6 of such services in the local area by awarding 

7 contracts. 

8 ‘‘(6) PROGRAM OVERSIGHT.—The local board, 

9 in partnership with the chief elected official, shall be 

10 responsible for— 

11 ‘‘(A) ensuring the appropriate use of man12 agement of the funds provided for local employ13 ment and training activities authorized under 

14 section 134(b); and 

15 ‘‘(B) conducting oversight of the one-stop 

16 delivery system in the local area authorized 

17 under section 121. 

18 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

19 MEASURES.—The local board, the chief elected offi20 cial, and the Governor shall negotiate and reach 

21 agreement on local performance measures as de22 scribed in section 136(c). 

23 ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The local 

24 board shall develop strategies for technology im25 provements to facilitate access to services authorized 


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1 under this subtitle and carried out in the local area, 

2 including in remote areas.’’; 

3 (3) in subsection (e)— 

4 (A) by inserting ‘‘electronic means and’’ 

5 after ‘‘regular basis through’’; and 

6 (B) by striking ‘‘and the award of grants 

7 or contracts to eligible providers of youth activi8 ties,’’; 

9 (4) in subsection (f), by striking paragraph (2) 

10 and inserting the following: 

11 ‘‘(2) WORK READY SERVICES, DESIGNATION, OR

12 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

13 board may provide work ready services described in 

14 section 134(c)(2) through a one-stop delivery system 

15 described in section 121 or be designated or certified 

16 as a one-stop operator only with the agreement of 

17 the chief elected official and the Governor.’’; 

18 (5) in subsection (g)(1), by inserting ‘‘or par19 ticipate in action taken’’ after ‘‘vote’’; and 

20 (6) by striking subsections (h) and (i). 

21 SEC. 107. LOCAL PLAN. 

22 Section 118 (29 U.S.C. 2833) is amended— 

23 (1) in subsection (a), by striking ‘‘5-year’’ and 

24 inserting ‘‘3-year’’; 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) CONTENTS.—The local plan shall include— 

4 ‘‘(1) a description of the analysis of the local 

5 area’s economic and workforce conditions conducted 

6 under section 117(d)(2)(A)(i), and an assurance 

7 that the local board will use such analysis to carry 

8 out the activities under this subtitle; 

9 ‘‘(2) a description of the one-stop delivery sys10 tem in the local area, including— 

11 ‘‘(A) a description of how the local board 

12 will ensure— 

13 ‘‘(i) the continuous improvement of el14 igible providers of services through the sys15 tem; and 

16 ‘‘(ii) that such providers meet the em17 ployment needs of local businesses and 

18 participants; and 

19 ‘‘(B) a description of how the local board 

20 will facilitate access to services provided 

21 through the one-stop delivery system consistent 

22 with section 117(d)(8); 

23 ‘‘(3) a description of the strategies and services 

24 that will be used in the local area— 


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1 ‘‘(A) to more fully engage businesses, in2 cluding businesses in in-demand industries and 

3 occupations important to the local economy; 

4 ‘‘(B) to meet the needs of businesses in the 

5 local area; and 

6 ‘‘(C) to better coordinate workforce devel7 opment programs with economic development; 

8 ‘‘(4) a description of how the local board will 

9 convene (or help to convene) industry or sector part10 nerships that lead to collaborative planning, resource 

11 alignment, and training efforts across multiple firms 

12 for a range of workers employed or potentially em13 ployed by a targeted industry cluster— 

14 ‘‘(A) to encourage industry growth and 

15 competitiveness and to improve worker training, 

16 retention, and advancement in targeted indus17 try clusters; 

18 ‘‘(B) to address the immediate and long19 term skilled workforce needs of in-demand in20 dustries and other occupations important to the 

21 local economy, and 

22 ‘‘(C) to address critical skill gaps within 

23 and across industries; 


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1 ‘‘(5) a description of how the funds reserved 

2 under section 117(d)(4)(A)(ii) will be used to carry 

3 out activities described in section 134(c)(4); 

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

5 coordinate workforce investment activities carried 

6 out in the local area with statewide activities, as ap7 propriate; 

8 ‘‘(7) a description of how the local area will— 

9 ‘‘(A) coordinate activities with the local 

10 area’s disability community to make available 

11 comprehensive, high-quality services to individ12 uals with disabilities; 

13 ‘‘(B) consistent with section 188 and Exec14 utive Order 13217 (42 U.S.C. 12131 note), 

15 serve the employment and training needs of in16 dividuals with disabilities; and 

17 ‘‘(C) consistent with sections 504 and 508 

18 of the Rehabilitation Act of 1973, include the 

19 provision of outreach, intake, assessments, and 

20 service delivery, the development of perform21 ance measures, the training of staff, and other 

22 aspects of accessibility to programs and services 

23 under this subtitle; 


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1 ‘‘(8) a description of the local levels of perform2 ance negotiated with the Governor and chief elected 

3 official pursuant to section 136(c), to be— 

4 ‘‘(A) used to measure the performance of 

5 the local area; and 

6 ‘‘(B) used by the local board for measuring 

7 performance of the local fiscal agent (where ap8 propriate), eligible providers, and the one-stop 

9 delivery system, in the local area; 

10 ‘‘(9) a description of the process used by the 

11 local board, consistent with subsection (c), to provide 

12 an opportunity for public comment prior to submis13 sion of the plan; 

14 ‘‘(10) a description of how the local area will 

15 serve the employment and training needs of dis16 located workers (including displaced homemakers), 

17 low-income individuals (including recipients of public 

18 assistance such as the Supplemental Nutrition As19 sistance Program), English learners, homeless indi20 viduals, individuals training for nontraditional em21 ployment, youth, older workers, ex-offenders, mi22 grant and seasonal farmworkers, refugee and en23 trants, veterans (including disabled veterans and 

24 homeless veterans), and Native Americans; 


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1 ‘‘(11) an identification of the entity responsible 

2 for the disbursal of grant funds described in sub3 clause (III) of section 117(d)(4)(B)(i), as deter4 mined by the chief elected official or the Governor 

5 under such section; and 

6 ‘‘(12) such other information as the Governor 

7 may require.’’; 

8 (3) in subsection (c)(1), by striking ‘‘such 

9 means’’ and inserting ‘‘electronic means such’’; and 

10 (4) in subsection (c)(2), by striking ‘‘, including 

11 representatives of business and representatives of 

12 labor organizations,’’. 

13 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS14 TEM. 

15 Section 121 (29 U.S.C. 2841) is amended— 

16 (1) in subsection (b)— 

17 (A) by striking subparagraph (A) of para18 graph (1) and inserting the following: 

19 ‘‘(A) ROLES AND RESPONSIBILITIES OF

20 ONE-STOP PARTNERS.—Each entity that carries 

21 out a program or activities described in sub22 paragraph (B) shall— 

23 ‘‘(i) provide access through the one24 stop delivery system to the programs and 

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1 ing making the work ready services de2 scribed in section 134(c)(2) that are appli3 cable to the program of the entity available 

4 at the one-stop centers (in addition to any 

5 other appropriate locations); 

6 ‘‘(ii) use a portion of the funds avail7 able to the program of the entity to main8 tain the one-stop delivery system, including 

9 payment of the infrastructure costs of one10 stop centers in accordance with subsection 

11 (h); 

12 ‘‘(iii) enter into a local memorandum 

13 of understanding with the local board re14 lating to the operation of the one-stop de15 livery system that meets the requirements 

16 of subsection (c); and 

17 ‘‘(iv) participate in the operation of 

18 the one-stop delivery system consistent 

19 with the terms of the memorandum of un20 derstanding, the requirements of this title, 

21 and the requirements of the Federal laws 

22 authorizing the programs carried out by 

23 the entity.’’; 

24 (B) in paragraph (1)(B)— 

25 (i) by striking clause (vi); and 


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1 (ii) by redesignating clauses (vii) 

2 through (xii) as clauses (vi) through (xi), 

3 respectively; and 

4 (C) in paragraph (2)(B)— 

5 (i) by striking clause (ii) and (v); 

6 (ii) by redesignating clauses (iii) 

7 through (iv) as clauses (ii) through (iii), 

8 respectively; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(iv) employment and training pro12 grams administered by the Commissioner 

13 of the Social Security Administration; 

14 ‘‘(v) employment and training pro15 grams carried out by the Administrator of 

16 the Small Business Administration; 

17 ‘‘(vi) employment, training, and lit18 eracy services carried out by public librar19 ies; and 

20 ‘‘(vii) other appropriate Federal, 

21 State, or local programs, including pro22 grams in the private sector.’’; 

23 (2) in subsection (c)(2), by amending subpara24 graph (A) to read as follows: 

25 ‘‘(A) provisions describing— 


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1 ‘‘(i) the services to be provided 

2 through the one-stop delivery system con3 sistent with the requirements of this sec4 tion, including the manner in which the 

5 services will be coordinated through such 

6 system; 

7 ‘‘(ii) how the costs of such services 

8 and the operating costs of such system will 

9 be funded, through cash and in-kind con10 tributions, to provide a stable and equi11 table funding stream for ongoing one-stop 

12 system operations, including the funding of 

13 the infrastructure costs of one-stop centers 

14 in accordance with subsection (h); 

15 ‘‘(iii) methods of referral of individ16 uals between the one-stop operator and the 

17 one-stop partners for appropriate services 

18 and activities; and 

19 ‘‘(iv) the duration of the memo20 randum of understanding and the proce21 dures for amending the memorandum dur22 ing the term of the memorandum, and as23 surances that such memorandum shall be 

24 reviewed not less than once every 2-year 


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1 period to ensure appropriate funding and 

2 delivery of services; and’’; 

3 (3) in subsection (d)— 

4 (A) in the heading for paragraph (1), by 

5 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

6 and inserting ‘‘LOCAL DESIGNATION AND CER7 TIFICATION’’; 

8 (B) in paragraph (2)— 

9 (i) by striking ‘‘section 134(c)’’ and 

10 inserting ‘‘subsection (e)’’; 

11 (ii) by amending subparagraph (A) to 

12 read as follows: 

13 ‘‘(A) shall be designated or certified as a 

14 one-stop operator through a competitive proc15 ess; and’’; and 

16 (iii) in subparagraph (B), by striking 

17 clause (ii) and redesignating clauses (iii) 

18 through (vi) as clauses (ii) through (v), re19 spectively; and 

20 (C) in paragraph (3), by striking ‘‘voca21 tional’’ and inserting ‘‘career and technical’’; 

22 (4) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS25 TEM.— 


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1 ‘‘(1) IN GENERAL.—There shall be established 

2 in a State that receives an allotment under section 

3 132(b) a one-stop delivery system, which shall— 

4 ‘‘(A) provide the work ready services de5 scribed in section 134(c)(2); 

6 ‘‘(B) provide access to training services as 

7 described in section 134(c)(4), including serving 

8 as the point of access to career enhancement 

9 accounts for training services to participants in 

10 accordance with paragraph (4)(G) of such sec11 tion; 

12 ‘‘(C) provide access to the activities carried 

13 out under section 134(d), if any; 

14 ‘‘(D) provide access to programs and ac15 tivities carried out by one-stop partners that 

16 are described in subsection (b) of this section; 

17 and 

18 ‘‘(E) provide access to the information de19 scribed in section 15(e) of the Wagner-Peyser 

20 Act (29 U.S.C. 49l–2(e)). 

21 ‘‘(2) ONE-STOP DELIVERY.—At a minimum, the 

22 one-stop delivery system— 

23 ‘‘(A) shall make each of the programs, 

24 services, and activities described in paragraph 


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1 (1) accessible at not less than one physical cen2 ter in each local area of the State; and 

3 ‘‘(B) may also make programs, services, 

4 and activities described in paragraph (1) avail5 able— 

6 ‘‘(i) through a network of affiliated 

7 sites that can provide one or more of the 

8 programs, services, and activities to indi9 viduals; and 

10 ‘‘(ii) through a network of eligible 

11 one-stop partners— 

12 ‘‘(I) in which each partner pro13 vides one or more of the programs, 

14 services, and activities to such individ15 uals and is accessible at an affiliated 

16 site that consists of a physical loca17 tion or an electronically- or techno18 logically-linked access point; and 

19 ‘‘(II) that assures individuals 

20 that information on the availability of 

21 the work ready services will be avail22 able regardless of where the individ23 uals initially enter the statewide work24 force investment system, including in25 formation made available through an 


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1 access point described in subclause 

2 (I). 

3 ‘‘(3) SPECIALIZED CENTERS.—The centers and 

4 sites described in paragraph (2) may have a speciali5 zation in addressing special needs.’’; and 

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

7 ‘‘(g) CERTIFICATION OF ONE-STOP CENTERS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) IN GENERAL.—The State board shall 

10 establish objective procedures and criteria for 

11 periodically certifying one-stop centers for the 

12 purpose of awarding the one-stop infrastructure 

13 funding described in subsection (h). 

14 ‘‘(B) CRITERIA.—The criteria for certifi15 cation under this subsection shall include— 

16 ‘‘(i) meeting all of the expected levels 

17 of performance for each of the core indica18 tors of performance as outlined in the 

19 State plan under section 112; 

20 ‘‘(ii) meeting minimum standards re21 lating to the scope and degree of service 

22 integration achieved by the centers involv23 ing the programs provided by the one-stop 

24 partners; and 


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1 ‘‘(iii) meeting minimum standards re2 lating to how the centers ensure that eligi3 ble providers meet the employment needs 

4 of local employers and participants. 

5 ‘‘(C) EFFECT OF CERTIFICATION.—One6 stop centers certified under this subsection shall 

7 be eligible to receive the infrastructure grants 

8 authorized under subsection (h). 

9 ‘‘(2) LOCAL BOARDS.—Consistent with the cri10 teria developed by the State, the local board may de11 velop additional criteria of higher standards to re12 spond to local labor market and demographic condi13 tions and trends. 

14 ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— 

15 ‘‘(1) PARTNER CONTRIBUTIONS.— 

16 ‘‘(A) PROVISION OF FUNDS.—Notwith17 standing any other provision of law, as deter18 mined under subparagraph (B), a portion of the 

19 Federal funds provided to the State and areas 

20 within the State under the Federal laws author21 izing the one-stop partner programs described 

22 in subsection (b)(1)(B) and participating addi23 tional partner programs described in (b)(2)(B) 

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1 ernor by such programs to carry out this sub2 section. 

3 ‘‘(B) DETERMINATION OF GOVERNOR.— 

4 ‘‘(i) IN GENERAL.—Subject to sub5 paragraph (C), the Governor, in consulta6 tion with the State board, shall determine 

7 the portion of funds to be provided under 

8 subparagraph (A) by each one-stop partner 

9 and in making such determination shall 

10 consider the proportionate use of the one11 stop centers by each partner, the costs of 

12 administration for purposes not related to 

13 one-stop centers for each partner, and 

14 other relevant factors described in para15 graph (3). 

16 ‘‘(ii) SPECIAL RULE.—In those States 

17 where the State constitution places policy18 making authority that is independent of 

19 the authority of the Governor in an entity 

20 or official with respect to the funds pro21 vided for adult education and literacy ac22 tivities authorized under title II of this Act 

23 and for postsecondary career education ac24 tivities authorized under the Carl D. Per25 kins Career and Technical Education Act, 


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1 the determination described in clause (i) 

2 with respect to such programs shall be 

3 made by the Governor with the appropriate 

4 entity or official with such independent 

5 policy-making authority. 

6 ‘‘(iii) APPEAL BY ONE-STOP PART7 NERS.—The Governor shall establish a 

8 procedure for the one-stop partner admin9 istering a program described in subsection 

10 (b) to appeal a determination regarding 

11 the portion of funds to be contributed 

12 under this paragraph on the basis that 

13 such determination is inconsistent with the 

14 criteria described in the State plan or with 

15 the requirements of this paragraph. Such 

16 procedure shall ensure prompt resolution 

17 of the appeal. 

18 ‘‘(C) LIMITATIONS.— 

19 ‘‘(i) PROVISION FROM ADMINISTRA20 TIVE FUNDS.—The funds provided under 

21 this paragraph by each one-stop partner 

22 shall be provided only from funds available 

23 for the costs of administration under the 

24 program administered by such partner, 

25 and shall be subject to the limitations with 


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1 respect to the portion of funds under such 

2 programs that may be used for administra3 tion. 

4 ‘‘(ii) FEDERAL DIRECT SPENDING

5 PROGRAMS.—Programs that are Federal 

6 direct spending under section 250(c)(8) of 

7 the Balanced Budget and Emergency Def8 icit Control Act of 1985 (2 U.S.C. 

9 900(c)(8)) shall not, for purposes of this 

10 paragraph, be required to provide an 

11 amount in excess of the amount deter12 mined to be equivalent to the proportionate 

13 use of the one-stop centers by such pro14 grams in the State. 

15 ‘‘(2) ALLOCATION BY GOVERNOR.—From the 

16 funds provided under paragraph (1), the Governor 

17 shall allocate funds to local areas in accordance with 

18 the formula established under paragraph (3) for the 

19 purposes of assisting in paying the costs of the in20 frastructure of one-stop centers certified under sub21 section (g). 

22 ‘‘(3) ALLOCATION FORMULA.—The State board 

23 shall develop a formula to be used by the Governor 

24 to allocate the funds described in paragraph (1). 

25 The formula shall include such factors as the State 


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1 board determines are appropriate, which may in2 clude factors such as the number of centers in the 

3 local area that have been certified, the population 

4 served by such centers, and the performance of such 

5 centers. 

6 ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur7 poses of this subsection, the term ‘costs of infra8 structure’ means the nonpersonnel costs that are 

9 necessary for the general operation of a one-stop 

10 center, including the rental costs of the facilities, the 

11 costs of utilities and maintenance, and equipment 

12 (including adaptive technology for individuals with 

13 disabilities). 

14 ‘‘(i) OTHER FUNDS.— 

15 ‘‘(1) IN GENERAL.—In addition to the funds 

16 provided to carry out subsection (h), a portion of 

17 funds made available under Federal law authorizing 

18 the one-stop partner programs described in sub19 section (b)(1)(B) and participating additional part20 ner programs described in subsection (b)(2)(B), or 

21 the noncash resources available under such pro22 grams shall be used to pay the costs relating to the 

23 operation of the one-stop delivery system that are 

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1 section (h), to the extent not inconsistent with the 

2 Federal law involved including— 

3 ‘‘(A) infrastructure costs that are in excess 

4 of the funds provided under subsection (h); 

5 ‘‘(B) common costs that are in addition to 

6 the costs of infrastructure; and 

7 ‘‘(C) the costs of the provision of work 

8 ready services applicable to each program. 

9 ‘‘(2) DETERMINATION AND GUIDANCE.—The 

10 method for determining the appropriate portion of 

11 funds and noncash resources to be provided by each 

12 program under paragraph (1) shall be determined as 

13 part of the memorandum of understanding under 

14 subsection (c). The State board shall provide guid15 ance to facilitate the determination of appropriate 

16 allocation of the funds and noncash resources in 

17 local areas.’’. 

18 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

19 TRAINING SERVICES. 

20 Section 122 (29 U.S.C. 2842) is amended to read as 

21 follows: 

22 ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

23 TRAINING SERVICES. 

24 ‘‘(a) ELIGIBILITY.— 


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1 ‘‘(1) IN GENERAL.—The Governor, after con2 sultation with the State board, shall establish cri3 teria and procedures regarding the eligibility of pro4 viders of training services described in section 

5 134(c)(4) to receive funds provided under section 

6 133(b) for the provision of such training services. 

7 ‘‘(2) PROVIDERS.—Subject to the provisions of 

8 this section, to be eligible to receive the funds pro9 vided under section 133(b) for the provision of train10 ing services, the provider shall be— 

11 ‘‘(A) a postsecondary educational institu12 tion that— 

13 ‘‘(i) is eligible to receive Federal funds 

14 under title IV of the Higher Education Act 

15 of 1965 (20 U.S.C. 1070 et seq.); and 

16 ‘‘(ii) provides a program that leads to 

17 an associate degree, baccalaureate degree, 

18 or industry-recognized certification; 

19 ‘‘(B) an entity that carries out programs 

20 under the Act of August 16, 1937 (commonly 

21 known as the ‘National Apprenticeship Act’; 50 

22 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); 

23 or 

24 ‘‘(C) another public or private provider of 

25 a program of training services. 


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1 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO2 VIDERS.—A provider described in subparagraph (A) 

3 or (C) of paragraph (2) shall comply with the cri4 teria and procedures established under this section 

5 to be included on the list of eligible providers of 

6 training services described in subsection (d)(1). A 

7 provider described in paragraph (2)(B) shall be in8 cluded on the list of eligible providers of training 

9 services described in subsection (d)(1) for so long as 

10 the provider remains certified by the Secretary of 

11 Labor to carry out the programs described in para12 graph (2)(B). 

13 ‘‘(b) CRITERIA.— 

14 ‘‘(1) IN GENERAL.—The criteria established 

15 pursuant to subsection (a) shall take into account— 

16 ‘‘(A) the performance of providers of train17 ing services with respect to the performance 

18 measures described in section 136 and other 

19 matters for which information is required under 

20 paragraph (2) and other appropriate measures 

21 of performance outcomes for those participants 

22 receiving training services under this subtitle 

23 (taking into consideration the characteristics of 

24 the population served and relevant economic 

25 conditions); 


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1 ‘‘(B) whether the training programs of 

2 such providers relate to occupations that are in 

3 demand; 

4 ‘‘(C) the need to ensure access to training 

5 services throughout the State, including in rural 

6 areas; 

7 ‘‘(D) the ability of providers to offer pro8 grams that lead to a degree or an industry-rec9 ognized certification, certificate, or mastery; 

10 ‘‘(E) the information such providers are 

11 required to report to State agencies with re12 spect to other Federal and State programs 

13 (other than the program carried out under this 

14 subtitle), including one-stop partner programs; 

15 and 

16 ‘‘(F) such other factors as the Governor 

17 determines are appropriate. 

18 ‘‘(2) INFORMATION.—The criteria established 

19 by the Governor shall require that a provider of 

20 training services submit appropriate, accurate, and 

21 timely information to the State for purposes of car22 rying out subsection (d), with respect to participants 

23 receiving training services under this subtitle in the 

24 applicable program, including— 


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1 ‘‘(A) information on degrees and industry2 recognized certifications received by such par3 ticipants; 

4 ‘‘(B) information on costs of attendance 

5 for such participants; 

6 ‘‘(C) information on the program comple7 tion rate for such participants; and 

8 ‘‘(D) information on the performance of 

9 the provider with respect to the performance 

10 measures described in section 136 for such par11 ticipants (taking into consideration the charac12 teristics of the population served and relevant 

13 economic conditions), which shall include infor14 mation specifying the percentage of such par15 ticipants who entered unsubsidized employment 

16 in an occupation related to the program. 

17 ‘‘(3) RENEWAL.—The criteria established by 

18 the Governor shall also provide for biennial review 

19 and renewal of eligibility under this section for pro20 viders of training services. 

21 ‘‘(4) LOCAL CRITERIA.—A local board in the 

22 State may establish criteria in addition to the cri23 teria established by the Governor, or may require 

24 higher levels of performance than required under the 

25 criteria established by the Governor, for purposes of 


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1 determining the eligibility of providers of training 

2 services to receive funds described in subsection (a) 

3 to provide the services in the local area involved. 

4 ‘‘(5) LIMITATION.—In carrying out the require5 ments of this subsection, no personally identifiable 

6 information regarding a student, including Social 

7 Security number, student identification number, or 

8 other identifier, may be disclosed without the prior 

9 written consent of the parent or eligible student in 

10 compliance with section 444 of the General Edu11 cation Provisions Act (20 U.S.C. 1232g). 

12 ‘‘(c) PROCEDURES.—The procedures established 

13 under subsection (a) shall— 

14 ‘‘(1) identify— 

15 ‘‘(A) the application process for a provider 

16 of training services to become eligible to receive 

17 funds under section 133(b) for the provision of 

18 training services; and 

19 ‘‘(B) the respective roles of the State and 

20 local areas in receiving and reviewing applica21 tions and in making determinations of eligibility 

22 based on the criteria established under this sec23 tion; and 

24 ‘‘(2) establish a process for a provider of train25 ing services to appeal a denial or termination of eliVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 gibility under this section that includes an oppor2 tunity for a hearing and prescribes appropriate time 

3 limits to ensure prompt resolution of the appeal. 

4 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

5 CHOOSING PROVIDERS.— 

6 ‘‘(1) IN GENERAL.—In order to facilitate and 

7 assist participants under chapter 5 in choosing pro8 viders of training services, the Governor shall ensure 

9 that an appropriate list or lists of providers deter10 mined eligible under this section in the State, includ11 ing information regarding the occupations in de12 mand that relate to the training programs of such 

13 providers and the accompanying information de14 scribed in paragraph (2), is provided to the local 

15 boards in the State to be made available to such 

16 participants and to members of the public through 

17 the one-stop delivery system in the State. 

18 ‘‘(2) AVAILABILITY THROUGH ONE-STOP DELIV19 ERY SYSTEM.—The list and the accompanying infor20 mation shall be made available to such participants 

21 and to members of the public through the one-stop 

22 delivery system in the State. 

23 ‘‘(e) ENFORCEMENT.— 


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1 ‘‘(1) IN GENERAL.—The criteria and proce2 dures established under this section shall provide the 

3 following: 

4 ‘‘(A) INTENTIONALLY SUPPLYING INAC5 CURATE INFORMATION.—Upon a determination, 

6 by an individual or entity specified in the cri7 teria or procedures, that a provider of training 

8 services, or individual providing information on 

9 behalf of the provider, intentionally supplied in10 accurate information under this section, the eli11 gibility of such provider to receive funds under 

12 chapter 5 shall be terminated for a period of 

13 time that is not less than 2 years. 

14 ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a 

15 determination, by an individual or entity speci16 fied in the criteria or procedures, that a pro17 vider of training services substantially violated 

18 any requirement under this title, the eligibility 

19 of such provider to receive funds under the pro20 gram involved shall be terminated. 

21 ‘‘(C) REPAYMENT.—A provider of training 

22 services whose eligibility is terminated under 

23 subparagraph (A) or (B) shall be liable for the 

24 repayment of funds received under chapter 5 


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1 during a period of noncompliance described in 

2 such subparagraph. 

3 ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be 

4 construed to provide remedies and penalties that 

5 supplement, but do not supplant, other civil and 

6 criminal remedies and penalties. 

7 ‘‘(f) AGREEMENTS WITH OTHER STATES.—States 

8 may enter into agreements, on a reciprocal basis, to per9 mit eligible providers of training services to accept career 

10 enhancement accounts provided in another State. 

11 ‘‘(g) RECOMMENDATIONS.—In developing the cri12 teria, procedures, and information required under this sec13 tion, the Governor shall solicit and take into consideration 

14 the recommendations of local boards and providers of 

15 training services within the State. 

16 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur17 ing the development of the criteria, procedures, require18 ments for information, and the list of eligible providers 

19 required under this section, the Governor shall provide an 

20 opportunity for interested members of the public to submit 

21 comments regarding such criteria, procedures, and infor22 mation. 

23 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN24 ING EXCEPTION.— 


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1 ‘‘(1) IN GENERAL.—Providers of on-the-job 

2 training or customized training shall not be subject 

3 to the requirements of subsections (a) through (d). 

4 ‘‘(2) COLLECTION AND DISSEMINATION OF IN5 FORMATION.—A one-stop operator in a local area 

6 shall collect such performance information from on7 the-job training and customized training providers 

8 as the Governor may require, determine whether the 

9 providers meet such performance criteria as the Gov10 ernor may require, and disseminate information 

11 identifying providers that meet the criteria as eligi12 ble providers, and the performance information, 

13 through the one-stop delivery system. Providers de14 termined to meet the criteria shall be considered to 

15 be identified as eligible providers of training serv16 ices.’’. 

17 SEC. 110. GENERAL AUTHORIZATION. 

18 Chapter 5 of subtitle B of title I is amended— 

19 (1) by striking the heading for chapter 5 and 

20 inserting the following: ‘‘EMPLOYMENT AND 

21 TRAINING ACTIVITIES’’; and 

22 (2) in section 131 (29 U.S.C. 2861)— 

23 (A) by striking ‘‘paragraphs (1)(B) and 

24 (2)(B) of’’; and 


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1 (B) by striking ‘‘adults, and dislocated 

2 workers,’’ and inserting ‘‘individuals’’. 

3 SEC. 111. STATE ALLOTMENTS. 

4 Section 132 (29 U.S.C. 2862) is amended— 

5 (1) by amending subsection (a) to read as fol6 lows: 

7 ‘‘(a) IN GENERAL.—The Secretary shall— 

8 ‘‘(1) reserve 2 percent of the total amount ap9 propriated under section 137 for a fiscal year, of 

10 which— 

11 ‘‘(A) not less than 90 percent shall be used 

12 for national emergency grants under section 

13 173; 

14 ‘‘(B) not more than 5 percent may be used 

15 to provide technical assistance under section 

16 170; and 

17 ‘‘(C) not more than 5 percent may be used 

18 for evaluations under section 172; 

19 ‘‘(2) reserve not more than 1 percent of the 

20 total amount appropriated under section 137 for a 

21 fiscal year to make grants to, and enter into con22 tracts or cooperative agreements with Indian tribes, 

23 tribal organizations, Alaska-Native entities, Indian24 controlled organizations serving Indians, or Native 


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1 Hawaiian organizations to carry out employment 

2 and training activities; and 

3 ‘‘(3) from the remaining amount appropriated 

4 under section 137 for a fiscal year (after reserving 

5 funds under paragraphs (1) and (2)), make allot6 ments in accordance with subsection (b) of this sec7 tion.’’; and 

8 (2) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

11 ‘‘(1) RESERVATION FOR OUTLYING AREAS.— 

12 ‘‘(A) IN GENERAL.—From the amount 

13 made available under subsection (a)(3) for a 

14 fiscal year, the Secretary shall reserve not more 

than 1 15 ⁄4 of 1 percent to provide assistance to 

16 the outlying areas. 

17 ‘‘(B) RESTRICTION.—The Republic of 

18 Palau shall cease to be eligible to receive fund19 ing under this subparagraph upon entering into 

20 an agreement for extension of United States 

21 educational assistance under the Compact of 

22 Free Association (approved by the Compact of 

23 Free Association Amendments Act of 2003 

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1 ment of the Workforce Investment Improve2 ment Act of 2012. 

3 ‘‘(2) STATES.— 

4 ‘‘(A) IN GENERAL.—After determining the 

5 amount to be reserved under subparagraph (A), 

6 the Secretary shall allot the remainder of the 

7 amount referred to in subsection (a)(3) for a 

8 fiscal year to the States pursuant to subpara9 graph (B) for employment and training activi10 ties and statewide workforce investment activi11 ties. 

12 ‘‘(B) FORMULA.—Subject to subpara13 graphs (C) and (D), of the remainder— 

14 ‘‘(i) 25 percent shall be allotted on the 

15 basis of the relative number of unemployed 

16 individuals in areas of substantial unem17 ployment in each State, compared to the 

18 total number of unemployed individuals in 

19 areas of substantial unemployment in all 

20 States; 

21 ‘‘(ii) 25 percent shall be allotted on 

22 the basis of the relative number of individ23 uals in the civilian labor force in each 

24 State, compared to the total number of 

25 such individuals in all States; 


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1 ‘‘(iii) 25 percent shall be allotted on 

2 the basis of the relative number of individ3 uals in each State who have been unem4 ployed for 15 weeks or more, compared to 

5 the total number of individuals in all 

6 States who have been unemployed for 15 

7 weeks or more; and 

8 ‘‘(iv) 25 percent shall be allotted on 

9 the basis of the relative number of dis10 advantaged youth in each State, compared 

11 to the total number of disadvantaged youth 

12 in all States. 

13 ‘‘(C) MINIMUM AND MAXIMUM PERCENT14 AGES.— 

15 ‘‘(i) MINIMUM PERCENTAGE.—The 

16 Secretary shall ensure that no State shall 

17 receive an allotment under this paragraph 

18 for a fiscal year that is less than 90 per19 cent of the allotment percentage of the 

20 State for the preceding fiscal year. 

21 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub22 ject to clause (i), the Secretary shall en23 sure that no State shall receive an allot24 ment under this subparagraph for a fiscal 

25 year that is more than 130 percent of the 


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1 allotment percentage of the State for the 

2 preceding fiscal year. 

3 ‘‘(D) SMALL STATE MINIMUM ALLOT4 MENT.—Subject to subparagraph (C), the Sec5 retary shall ensure that no State shall receive 

6 an allotment under this subparagraph for a fiscal year that is less than 2 7 ⁄10 of 1 percent of the 

8 remainder described in subparagraph (A) for 

9 the fiscal year. 

10 ‘‘(E) DEFINITIONS.—For the purpose of 

11 the formula specified in this subparagraph: 

12 ‘‘(i) ALLOCATION PERCENTAGE.—The 

13 term ‘allocation percentage’— 

14 ‘‘(I) used with respect to fiscal 

15 year 2012, means the percentage of 

16 the amounts allocated to local areas 

17 under title I of this Act, title V of the 

18 Older Americans Act of 1965, and 

19 sections 1 through 13 of the Wagner20 Peyser Act of 1933, as such provi21 sions were in effect on the day before 

22 the date of enactment of the Work23 force Investment Improvement Act of 

24 2012, that is received under such proVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 visions by the local area involved for 

2 fiscal year 2012; and 

3 ‘‘(II) used with respect to fiscal 

4 year 2013 or a subsequent year, 

5 means the percentage of the funds de6 scribed in subclause (I) that is re7 ceived through an allocation made 

8 under this clause for the fiscal year. 

9 ‘‘(ii) DISADVANTAGED YOUTH.—The 

10 term ‘disadvantaged youth’ means an indi11 vidual who is not less than age 16 and not 

12 more than age 24 who receives an income, 

13 or is a member of a family that received a 

14 total family income, that in relation to 

15 family size, does not exceed the higher 

16 of— 

17 ‘‘(I) the poverty line; or 

18 ‘‘(II) 70 percent of the lower liv19 ing standard income level. 

20 ‘‘(iii) INDIVIDUAL.—The term ‘indi21 vidual’ means an individual who is not less 

22 than age 16 and not more than age 72.’’. 

23 SEC. 112. WITHIN STATE ALLOCATIONS. 

24 Section 133 is amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) RESERVATIONS FOR STATEWIDE EMPLOYMENT

4 AND TRAINING ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—The Governor of a State 

6 shall reserve up to 5 percent of the total amount al7 lotted to the State under section 132(b)(2) for a fis8 cal year to carry out the statewide activities de9 scribed in paragraphs (2) and (3) of section 134(a). 

10 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI11 TIES.—Of the amount reserved under paragraph (1) 

12 for a fiscal year, the Governor of the State shall re13 serve not more than 10 percent for statewide rapid 

14 response activities described in section 134(a)(4). 

15 ‘‘(3) STATEWIDE YOUTH CHALLENGE

16 GRANTS.—The Governor of a State shall reserve up 

17 to 18 percent of the total amount allotted to the 

18 State under section 132(b)(2) for a fiscal year to 

19 carry out statewide activities described in section 

20 134(a)(5). 

21 ‘‘(4) STATEWIDE ADULTS WITH BARRIERS TO

22 EMPLOYMENT GRANTS.—The Governor of a State 

23 shall reserve 2 percent of the total amount allotted 

24 to the State under section 132(b)(2) for a fiscal year 


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1 to carry out statewide activities described in section 

2 134(a)(6).’’; 

3 (2) by amending subsection (b) to read as fol4 lows: 

5 ‘‘(b) WITHIN STATE ALLOCATION.— 

6 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

7 ACTIVITIES.—The Governor, acting in accordance 

8 with the State plan, and after consulting with chief 

9 elected officials in the local areas, shall— 

10 ‘‘(A) allocate the funds that are allotted to 

11 the State for employment and training activities 

12 and not reserved under subsection (a), in ac13 cordance with paragraph (2)(A); 

14 ‘‘(B) award the funds that are reserved by 

15 the State under subsection (a)(3) through com16 petitive grants to eligible entities, in accordance 

17 with section 134(a)(1)(C); and 

18 ‘‘(C) award the funds that are reserved by 

19 the State under subsection (a)(4) through com20 petitive grants to eligible entities, in accordance 

21 with section 134(a)(1)(D). 

22 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK23 FORCE INVESTMENT FUND.— 


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1 ‘‘(A) ALLOCATION.—In allocating the 

2 funds described in paragraph (1)(A) to local 

3 areas, a State shall allocate— 

4 ‘‘(i) 25 percent on the basis described 

5 in section 132(b)(2)(B)(i); 

6 ‘‘(ii) 25 percent on the basis described 

7 in section 132(b)(2)(B)(ii); 

8 ‘‘(iii) 25 percent on the basis de9 scribed in section 132(b)(B)(iii); and 

10 ‘‘(iv) 25 percent on the basis de11 scribed in section 132(b)(2)(B)(iv). 

12 ‘‘(B) MINIMUM AND MAXIMUM PERCENT13 AGES.— 

14 ‘‘(i) MINIMUM PERCENTAGE.—The 

15 State shall ensure that no local area shall 

16 receive an allotment under this paragraph 

17 for a fiscal year that is less than 90 per18 cent of the allocation percentage of the 

19 local area for the preceding fiscal year. 

20 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub21 ject to clause (i), the State shall ensure 

22 that no local area shall receive an alloca23 tion for a fiscal year under this subpara24 graph for a fiscal year that is more than 


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1 130 percent of the allocation percentage of 

2 the local area for the preceding fiscal year. 

3 ‘‘(C) DEFINITIONS.—For the purpose of 

4 the formula specified in this paragraph, the 

5 term ‘allocation percentage’— 

6 ‘‘(i) used with respect to fiscal year 

7 2012, means the percentage of the 

8 amounts allocated to local areas under title 

9 I of this Act, title V of the Older Ameri10 cans Act of 1965, and sections 1 through 

11 13 of the Wagner-Peyser Act of 1933, as 

12 such provisions were in effect on the day 

13 before the date of enactment of the Work14 force Investment Improvement Act of 

15 2012, that is received under such provi16 sions by the local area involved for fiscal 

17 year 2012; and 

18 ‘‘(ii) used with respect to fiscal year 

19 2013 or a subsequent year, means the per20 centage of the funds described in clause (i) 

21 that is received through an allocation made 

22 under this clause for the fiscal year.’’; 

23 (3) in subsection (c)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) IN GENERAL.—The Governor, may in ac2 cordance with this subsection, reallocate to eligible 

3 local areas within the State amounts that are allo4 cated under subsection (b) for employment and 

5 training activities and that are available for realloca6 tion.’’; 

7 (B) in paragraph (2), by striking ‘‘para8 graph (2)(A) or (3) of subsection (b) for such 

9 activities’’ and inserting ‘‘subsection (b) for 

10 such activities’’; 

11 (C) by amending paragraph (3) to read as 

12 follows: 

13 ‘‘(3) REALLOCATIONS.—In making reallocations 

14 to eligible local areas of amounts available pursuant 

15 to paragraph (2) for a program year, the Governor 

16 shall allocate to each eligible local area within the 

17 State an amount based on the relative amount allo18 cated to such local area under subsection (b)(2) for 

19 such activities for such prior program year, as com20 pared to the total amount allocated to all eligible 

21 local areas in the State under subsection (b)(2) for 

22 such activities for such prior program year.’’; and 

23 (D) in paragraph (4), by striking ‘‘para24 graph (2)(A) or (3) of’’; and 


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1 (4) by adding at the end the following new sub2 section: 

3 ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.—Of the 

4 amounts allocated to a local area under this section for 

5 a fiscal year, not more than 10 percent of the amount 

6 may be used by the local board involved for the adminis7 trative costs of carrying out local workforce investment ac8 tivities in the local area under this chapter.’’. 

9 SEC. 113. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

10 ACTIVITIES. 

11 Section 134 is amended— 

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING AC15 TIVITIES.— 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) DISTRIBUTION OF STATEWIDE AC18 TIVITIES.—Funds reserved by a Governor for a 

19 State as described in section 133(a)(1)— 

20 ‘‘(i) shall be used to carry out the 

21 statewide employment and training activi22 ties described in paragraph (2); and 

23 ‘‘(ii) may be used to carry out any of 

24 the statewide employment and training ac25 tivities described in paragraph (3). 


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1 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI2 TIES.—Funds reserved by a Governor for a 

3 State as described in section 133(a)(2) shall be 

4 used to carry out the statewide rapid response 

5 activities described in paragraph (4). 

6 ‘‘(C) STATEWIDE YOUTH CHALLENGE

7 GRANTS.—Funds reserved by a Governor for a 

8 State as described in section 133(a)(3) shall be 

9 used to carry out the Statewide Youth Chal10 lenge Grant competition described in paragraph 

11 (5). 

12 ‘‘(D) STATEWIDE ADULTS WITH BARRIERS

13 TO EMPLOYMENT GRANTS.—Funds reserved by 

14 a Governor for a State as described in section 

15 133(a)(4) shall be used to carry out the State16 wide Adults with Barriers to Employment 

17 Grant competition described in paragraph (6). 

18 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

19 TRAINING ACTIVITIES.—A State shall use funds re20 served as described in section 133(a)(1) to carry out 

21 statewide employment and training activities, which 

22 shall include— 

23 ‘‘(A) supporting the provision of work 

24 ready services described in subsection (c)(2) in 

25 the one-stop delivery system; 


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1 ‘‘(B) implementing innovative programs 

2 and strategies designed to meet the needs of all 

3 businesses in the State, including small busi4 nesses, which may include incumbent worker 

5 training programs, sectoral and industry cluster 

6 strategies and partnerships, including regional 

7 skills alliances, sectoral skills partnerships (in 

8 which representatives of multiple employers for 

9 a specific industry sector or group of related oc10 cupations, economic development agencies, pro11 viders of training services described in sub12 section (c)(4), labor federations, and other enti13 ties that can provide needed supportive services 

14 tailored to the needs of workers in that sector 

15 or group, for a local area or region, identify 

16 gaps between the current and expected demand 

17 and supply of labor and skills in that sector or 

18 group for that area or region and develop a 

19 strategic skills gap action plan), career ladder 

20 programs, micro-enterprise and entrepreneurial 

21 training and support programs, utilization of ef22 fective business intermediaries, activities to im23 prove linkages between the one-stop delivery 

24 system in the State and all employers (includ25 ing small employers) in the State, and other 


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1 business services and strategies that better en2 gage employers in workforce investment activi3 ties and make the workforce investment system 

4 more relevant to the needs of State and local 

5 businesses, consistent with the objectives of this 

6 title; and 

7 ‘‘(C) conducting evaluations under section 

8 136(e) of activities authorized under this chap9 ter in coordination with evaluations carried out 

10 by the Secretary under section 172. 

11 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT

12 AND TRAINING ACTIVITIES.—A State may use funds 

13 reserved as described in section 133(a)(1) to carry 

14 out statewide employment and training activities 

15 which may include— 

16 ‘‘(A) providing incentive grants to local 

17 areas for regional cooperation among local 

18 boards (including local boards in a designated 

19 region as described in section 116(c)), for local 

20 coordination of activities carried out under this 

21 Act, and for exemplary performance by local 

22 areas on the local performance measures; 

23 ‘‘(B) providing technical assistance and ca24 pacity building to local areas, one-stop opera25 tors, one-stop partners, and eligible providers, 


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1 including the development and training of staff, 

2 the development of exemplary program activi3 ties, and the provision of technical assistance to 

4 local areas that fail to meet local performance 

5 measures; 

6 ‘‘(C) operating a fiscal and management 

7 accountability system under section 136(f); 

8 ‘‘(D) carrying out monitoring and over9 sight of activities carried out under this chap10 ter; 

11 ‘‘(E) developing strategies for effectively 

12 integrating programs and services among one13 stop partners; and 

14 ‘‘(F) carrying out activities to facilitate re15 mote access to services provided through a one16 stop delivery system, including facilitating ac17 cess through the use of technology. 

18 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVI19 TIES.—A State shall use funds reserved as described 

20 in section 133(a)(2) to carry out statewide rapid re21 sponse activities, which shall include— 

22 ‘‘(A) provision of rapid response activities, 

23 carried out in local areas by the State or by an 

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1 junction with the local boards and the chief 

2 elected officials in the local areas; and 

3 ‘‘(B) provision of additional assistance to 

4 local areas that experience disasters, mass lay5 offs or plant closings, or other events that pre6 cipitate substantial increases in the number of 

7 unemployed individuals, carried out in local 

8 areas by the State or by an entity designated 

9 by the State, working in conjunction with the 

10 local boards and the chief elected officials in the 

11 local areas. 

12 ‘‘(5) STATEWIDE YOUTH CHALLENGE

13 GRANTS.— 

14 ‘‘(A) IN GENERAL.—Of the funds reserved 

15 as described in section 133(a)(3), the Governor 

16 of a State— 

17 ‘‘(i) may reserve up to 5 percent to 

18 provide technical assistance to, and con19 duct evaluations as described in section 

20 136(e) of the programs and activities car21 ried out under this paragraph; and 

22 ‘‘(ii) using the remainder, shall award 

23 grants, on a competitive basis, to eligible 

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1 sist eligible youth in acquiring the edu2 cation and skills, credentials, and employ3 ment experience necessary to succeed in 

4 the labor market. 

5 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

6 purposes of this paragraph, the term ‘eligible 

7 entity’ means— 

8 ‘‘(i) a local board or a consortium of 

9 local boards; 

10 ‘‘(ii) a nonprofit entity, for-profit enti11 ty, or a consortium of nonprofit or for12 profit entities with a demonstrated record 

13 of— 

14 ‘‘(I) placing youth into year15 round employment; 

16 ‘‘(II) successfully implementing 

17 dropout recovery activities, or 

18 ‘‘(III) successfully implementing 

19 intensive and fully supervised pro20 grams of education, career training, 

21 and work experience; or 

22 ‘‘(iii) a consortium of the entities de23 scribed in clauses (i) and (ii). 

24 ‘‘(C) GRANT PERIOD.— 


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1 ‘‘(i) IN GENERAL.—A grant under 

2 this paragraph shall be awarded for a pe3 riod of 1 year. 

4 ‘‘(ii) GRANT RENEWAL.—A Governor 

5 of a State may renew, for up to 4 addi6 tional 1-year periods, a grant awarded 

7 under this paragraph. 

8 ‘‘(D) AUTHORITY TO REQUIRE MATCH.—A 

9 Governor of a State may require that eligible 

10 entities receiving grants under this paragraph 

11 provide a non-Federal share of the cost of ac12 tivities carried out under this paragraph. 

13 ‘‘(E) ELIGIBLE YOUTH.—To be eligible to 

14 participate in activities under this paragraph, 

15 an individual shall be a youth between the ages 

16 16 and 24 as of the time the eligibility deter17 mination is made by the Governor of the State 

18 who is— 

19 ‘‘(i) a secondary school dropout; 

20 ‘‘(ii) a member of a low-income fam21 ily; 

22 ‘‘(iii) a youth in foster care (including 

23 youth aging out of foster care); 

24 ‘‘(iv) a youth offender; 


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1 ‘‘(v) a youth who is an individual with 

2 a disability; 

3 ‘‘(vi) a child of incarcerated parents; 

4 or 

5 ‘‘(vii) a migrant youth. 

6 ‘‘(F) USE OF FUNDS.—An eligible entity 

7 receiving a grant under this paragraph shall use 

8 such funds for activities that are designed to 

9 assist eligible youth in acquiring the education 

10 and skills, credentials, and employment experi11 ence that are necessary to succeed in the labor 

12 market by carrying out at least one of the fol13 lowing: 

14 ‘‘(i) Training and internships for out15 of-school youth in in-demand industries or 

16 occupations important to the State and 

17 local economy. 

18 ‘‘(ii) Dropout recovery activities that 

19 are designed to lead to the attainment of 

20 a secondary school diploma, General Edu21 cation Development (GED) credential, or 

22 other State-recognized equivalent (includ23 ing recognized alternative standards for in24 dividuals with disabilities). 


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1 ‘‘(iii) Activities designed to assist spe2 cial youth populations, such as court-in3 volved youth, homeless youth, foster-chil4 dren, young parents, and youth with dis5 abilities. 

6 ‘‘(iv) Activities combining remediation 

7 of academic skills, work readiness training, 

8 and work experience, and including link9 ages to postsecondary education and train10 ing, apprenticeships, and career-ladder em11 ployment. 

12 ‘‘(v) Operating a residential center, 

13 such as a Job Corps Center described in 

14 subparagraph (I) if the requirements de15 scribed in clause (iii) of such subparagraph 

16 are met, that shall be operated so as to 

17 provide enrollees, in a well-supervised set18 ting, with access to activities described in 

19 this subparagraph. 

20 ‘‘(vi) Other evidence-based strategies 

21 or activities designed to improve the edu22 cation and employment outcomes for 

23 youth. 

24 ‘‘(G) APPLICATIONS.—To be eligible to re25 ceive a grant under this paragraph, an eligible 


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1 entity shall submit an application to a State at 

2 such time, in such manner, and containing such 

3 information as the State may require, includ4 ing— 

5 ‘‘(i) a description of how the strate6 gies and activities will be aligned with the 

7 State plan submitted under section 112 

8 and the local plans submitted under sec9 tion 118 with respect to the areas of the 

10 State that will be the focus of grant activi11 ties under this paragraph; 

12 ‘‘(ii) a description of the educational 

13 and skills training programs and activities 

14 the eligible entity will provide to eligible 

15 youth under this paragraph; 

16 ‘‘(iii) how the eligible entity will col17 laborate with State and local workforce in18 vestment systems established under this 

19 title in the provision of such programs and 

20 activities; 

21 ‘‘(iv) a description of the programs of 

22 demonstrated effectiveness on which the 

23 provision of such educational and skills 

24 training programs and activities are based, 

25 and a description of how such programs 


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1 and activities will improve the education 

2 and skills training for eligible youth; 

3 ‘‘(v) a description of youth popu4 lations to be served and the skill needs of 

5 those populations, and the manner in 

6 which eligible youth will be recruited and 

7 selected as participants; 

8 ‘‘(vi) a description of the private and 

9 public, and local and State resources that 

10 will be leveraged, in addition to the grant 

11 funds provided under this paragraph, to 

12 provide the programs and activities under 

13 this paragraph, and how the entity will en14 sure the sustainability of such programs 

15 and activities after grant funds are no 

16 longer available; 

17 ‘‘(vii) a description of the extent of 

18 the involvement of employers in such pro19 grams and activities; 

20 ‘‘(viii) a description of the levels of 

21 performance the eligible entity expects to 

22 achieve with respect to the indicators of 

23 performance for youth specified in section 

24 136(b)(2)(A)(ii); and 


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1 ‘‘(ix) a detailed budget and a descrip2 tion of the system of fiscal controls, and 

3 auditing and accountability procedures 

4 that will be used to ensure fiscal soundness 

5 for the programs and activities provided 

6 under this paragraph. 

7 ‘‘(H) FACTORS FOR AWARD.— 

8 ‘‘(i) IN GENERAL.—In awarding 

9 grants under this paragraph, a State shall 

10 consider— 

11 ‘‘(I) the quality of the proposed 

12 programs and activities; 

13 ‘‘(II) the goals to be achieved; 

14 ‘‘(III) the likelihood of successful 

15 implementation; 

16 ‘‘(IV) the extent to which the 

17 proposed programs and activities— 

18 ‘‘(aa) are based on proven 

19 strategies or demonstrated re20 sults; or 

21 ‘‘(bb) will expand the edu22 cation and skills training for eli23 gible youth; 

24 ‘‘(V) the extent of collaboration 

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1 vestment systems in carrying out the 

2 proposed programs and activities; 

3 ‘‘(VI) the extent of employer in4 volvement in the proposed programs 

5 and activities; 

6 ‘‘(VII) whether there are other 

7 Federal and non-Federal funds avail8 able for similar activities to the pro9 posed programs and activities, and the 

10 additional State, local, and private re11 sources that will be provided to carry 

12 out the proposed programs and activi13 ties; 

14 ‘‘(VIII) the quality of the pro15 posed programs and activities in meet16 ing the needs of the eligible youth to 

17 be served; and 

18 ‘‘(IX) the extent to which the 

19 proposed programs and activities will 

20 expand on the work ready and train21 ing services provided to individuals be22 tween 16 and 24 years of age pro23 vided under section 134. 

24 ‘‘(ii) EQUITABLE GEOGRAPHIC DIS25 TRIBUTION.—In awarding grants under 


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1 this paragraph the State shall ensure an 

2 equitable distribution of such grants across 

3 geographically diverse areas. 

4 ‘‘(I) USE OF FUNDS FOR JOB CORPS CEN5 TERS.— 

6 ‘‘(i) IN GENERAL.—If the require7 ments described in clause (iii) are met, an 

8 eligible entity may use a grant received 

9 under this paragraph to operate a Job 

10 Corps Center that was established under 

11 subtitle C, as in effect on the day before 

12 the enactment of the Workforce Invest13 ment Improvement Act of 2012, and that 

14 is in existence on the day before the enact15 ment of such Act to— 

16 ‘‘(I) provide work-based learning 

17 throughout the enrollment of the en18 rollees of such Center; and 

19 ‘‘(II) assist the enrollees in ob20 taining meaningful unsubsidized em21 ployment, participating in secondary 

22 or postsecondary education programs, 

23 enrolling in other suitable career 

24 training programs, or satisfying 


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1 Armed Forces requirements, on com2 pletion of their enrollment. 

3 ‘‘(ii) LIMITATION.—An eligible entity 

4 may use not more than 10 percent of the 

5 grant funds received under this paragraph 

6 for construction and facilities improvement 

7 of a Job Corps Center. 

8 ‘‘(iii) REQUIREMENTS.—In order for 

9 an eligible entity to operate a Job Corps 

10 Center under clause (i), the following re11 quirements shall be met: 

12 ‘‘(I) The State has submitted to 

13 the Secretary, a written request for 

14 the appropriate title and deed for 

15 such Job Corps Center, and has been 

16 granted such title and deed under 

17 clause (iv)(I). 

18 ‘‘(II) The State agency, or appro19 priate agency responsible for inspect20 ing public buildings and safeguarding 

21 the health of disadvantaged students, 

22 has conducted an in-person review of 

23 the physical condition and health-re24 lated activities of the Job Corps Cen25 ter. Such review shall include a passVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 ing rate of occupancy under State and 

2 local ordinances. 

3 ‘‘(III) The State has dem4 onstrated, as part of the State plan in 

5 section 112, that it has developed and 

6 will enforce professional standards of 

7 conduct. 

8 ‘‘(iv) SECRETARIAL ACTIONS.— 

9 ‘‘(I) IN GENERAL.—Upon receiv10 ing a written request from a State 

11 under clause (iii)(I), the Secretary, in 

12 coordination with the Administrator 

13 of the General Services Administra14 tion, shall transfer the title and deed 

15 for the appropriate Job Corps Center 

16 to the State within 30 days. The Sec17 retary shall be prohibited from impos18 ing any requirement on a State in ex19 change for such title and deed. 

20 ‘‘(II) TRANSITION.—After 365 

21 calendar days after the date of enact22 ment of the Workforce Investment 

23 Improvement Act of 2012, the Sec24 retary shall transfer all Job Corps 

25 Centers with respect to which the SecVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 retary has not received a written re2 quest under clause (iii)(I) to the Ad3 ministrator of the General Services 

4 Administration for disposal of excess 

5 Federal real property. 

6 ‘‘(6) STATEWIDE GRANTS FOR ADULTS WITH

7 BARRIERS TO EMPLOYMENT.— 

8 ‘‘(A) IN GENERAL.—Of the funds reserved 

9 as described in section 133(a)(4), the Governor 

10 of a State— 

11 ‘‘(i) may reserve up to 5 percent to 

12 provide technical assistance to, and con13 duct evaluations as described in section 

14 136(e), of the programs and activities car15 ried out under this paragraph; and 

16 ‘‘(ii) using the remainder, shall award 

17 grants on a competitive basis to eligible en18 tities described in subparagraph (B) to 

19 carry out employment and training pro20 grams authorized under this paragraph for 

21 individuals with barriers to employment 

22 that meet specific performance outcomes 

23 and criteria established by the Governor 

24 under subparagraph (G). 


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1 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

2 purposes of this paragraph, the term ‘eligible 

3 entity’ means an entity that— 

4 ‘‘(i) is a— 

5 ‘‘(I) local board or a consortium 

6 of local boards; 

7 ‘‘(II) nonprofit entity, for profit 

8 entity, or a consortium of nonprofit or 

9 for-profit entities; or 

10 ‘‘(III) consortium of the entities 

11 described in subclauses (I) and (II); 

12 ‘‘(ii) has a demonstrated record of 

13 placing individuals into unsubsidized em14 ployment and serving hard to serve individ15 uals; and 

16 ‘‘(iii) agrees to be reimbursed pri17 marily on the basis of achievement of spec18 ified performance outcomes and criteria es19 tablished under subparagraph (F). 

20 ‘‘(C) GRANT PERIOD.— 

21 ‘‘(i) IN GENERAL.—A grant under 

22 this paragraph shall be awarded for a pe23 riod of 1 year. 

24 ‘‘(ii) GRANT RENEWAL.—A Governor 

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1 tional 1-year periods, a grant awarded 

2 under this paragraph. 

3 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eli4 gible to participate in activities under this para5 graph, an individual shall be a low-income adult 

6 or a member of a low-income family. 

7 ‘‘(E) USE OF FUNDS.—An eligible entity 

8 receiving a grant under this paragraph shall use 

9 such funds for activities that are designed to 

10 assist eligible participants in obtaining employ11 ment and acquiring the education and skills 

12 necessary to succeed in the labor market. 

13 ‘‘(F) APPLICATIONS.—To be eligible to re14 ceive a grant under this paragraph, an eligible 

15 entity shall submit an application to a State at 

16 such time, in such manner, and containing such 

17 information as the State may require, includ18 ing— 

19 ‘‘(i) a description of how the strate20 gies and activities will be aligned with the 

21 State plan submitted under section 112 

22 and the local plans submitted under sec23 tion 118 with respect to the areas of the 

24 State that will be the focus of grant activi25 ties under this paragraph; 


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1 ‘‘(ii) a description of the educational 

2 and skills training programs and activities 

3 the eligible entities will provide to eligible 

4 participants under this paragraph; 

5 ‘‘(iii) how the eligible entity will col6 laborate with State and local workforce in7 vestment systems established under this 

8 title in the provision of such programs and 

9 activities; 

10 ‘‘(iv) a description of the programs of 

11 demonstrated effectiveness on which the 

12 provision of such educational and skills 

13 training programs and activities are based, 

14 and a description of how such programs 

15 and activities will improve the education 

16 and skills training for eligible participants; 

17 ‘‘(v) a description of the populations 

18 to be served and the skill needs of those 

19 populations, and the manner in which eligi20 ble participants will be recruited and se21 lected as participants; 

22 ‘‘(vi) a description of the private and 

23 public, and local and State resources that 

24 will be leveraged, in addition to the grant 

25 funds provided under this paragraph to 


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1 provide the programs and activities under 

2 this paragraph, and how the entity will en3 sure the sustainability of such programs 

4 and activities after grant funds are no 

5 longer available; 

6 ‘‘(vii) a description of the extent of 

7 the involvement of employers in such pro8 grams and activities; 

9 ‘‘(viii) a description of the levels of 

10 performance the eligible entity expects to 

11 achieve with respect to the indicators of 

12 performance for all individuals specified in 

13 section in 136(b)(2); 

14 ‘‘(ix) a detailed budget and a descrip15 tion of the system of fiscal controls, and 

16 auditing and accountability procedures 

17 that will be used to ensure fiscal soundness 

18 for the programs and activities provided 

19 under this paragraph; 

20 ‘‘(x) a description of the estimated 

21 savings that would result from the im22 proved outcomes, including to other pro23 grams or units of government; and 

24 ‘‘(xi) any other criteria the Governor 

25 may require. 


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1 ‘‘(G) PERFORMANCE OUTCOMES AND CRI2 TERIA.—Not later than 6 months after the date 

3 of the enactment of the Workforce Investment 

4 Improvement Act of 2012, the Governor of the 

5 State shall establish and publish specific per6 formance measures for the initial qualification 

7 of eligible entities to receive a grant under this 

8 section. At a minimum, to receive an award an 

9 eligible entity shall— 

10 ‘‘(i) identify a particular program 

11 area and client population that is not 

12 achieving optimal outcomes; 

13 ‘‘(ii) provide evidence that the pro14 posed strategy would achieve better results; 

15 ‘‘(iii) clearly articulate and quantify 

16 the improved outcomes of such new ap17 proach; 

18 ‘‘(iv) identify data that would be re19 quired to evaluate whether outcomes are 

20 being achieved for a target population and 

21 a comparison group; 

22 ‘‘(v) identify estimated savings that 

23 would result from the improved outcomes, 

24 including to other programs or units of 

25 government; 


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1 ‘‘(vi) demonstrate the capacity to col2 lect required data, track outcomes, and 

3 validate those outcomes; and 

4 ‘‘(vii) any other criteria the Governor 

5 may require. 

6 ‘‘(7) LIMITATION.—Not more than 5 percent of 

7 the funds allotted under section 132(b) to a State 

8 and reserved as described in section 133(a)(1) may 

9 be used by the State for administrative activities 

10 carried out under this subsection.’’; 

11 (2) by amending subsection (b) to read as fol12 lows: 

13 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI14 TIES.— 

15 ‘‘(1) IN GENERAL.—Funds allocated to a local 

16 area under section 133(b)(2)— 

17 ‘‘(A) shall be used to carry out employ18 ment and training activities described in section 

19 (c); and 

20 ‘‘(B) may be used to carry out employment 

21 and training activities described in section (e).’’. 

22 (3) by striking subsection (c); 

23 (4) by redesignating subsections (d) and (e), as 

24 subsections (c) and (d), respectively; 

25 (5) in subsection (c) (as so redesignated)— 


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1 (A) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) IN GENERAL.—Funds allocated to a local 

4 area under section 133(b)(2) shall be used— 

5 ‘‘(A) to establish a one-stop delivery sys6 tem as described in section 121(e); 

7 ‘‘(B) to provide the work ready services de8 scribed in paragraph (2) through the one-stop 

9 delivery system in accordance with such para10 graph; and 

11 ‘‘(C) to provide training services described 

12 in paragraph (4) in accordance with such para13 graph;’’; 

14 (B) in paragraph (2)— 

15 (i) in the heading, by striking ‘‘CORE

16 SERVICES’’ and inserting ‘‘WORK READY

17 SERVICES’’; 

18 (ii) by striking ‘‘core services’’ and in19 serting ‘‘work ready services’’; 

20 (iii) by striking ‘‘who are adults or 

21 dislocated workers’’; 

22 (iv) in subparagraph (A), by inserting 

23 ‘‘and assistance in obtaining eligibility de24 terminations under the other one-stop 

25 partner programs through such activities 


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1 as assisting in the submission of applica2 tions, the provision of information on the 

3 results of such applications, the provision 

4 of intake services and information, and, 

5 where appropriate and consistent with the 

6 authorizing statute of the one-stop partner 

7 program, determinations of eligibility’’ 

8 after ‘‘subtitle’’; 

9 (v) by amending subparagraph (D) to 

10 read as follows: 

11 ‘‘(D) labor exchange services, including— 

12 ‘‘(i) job search and placement assist13 ance, and where appropriate, career coun14 seling; 

15 ‘‘(ii) appropriate recruitment services 

16 for employers, including small employers, 

17 in the local area, which may include serv18 ices described in this subsection, including 

19 information and referral to specialized 

20 business services not traditionally offered 

21 through the one-stop delivery system; and 

22 ‘‘(iii) reemployment services provided 

23 to unemployment claimants, including 

24 claimants identified as in need of such 

25 services under the worker profiling system 


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1 established under section 303(j) of the So2 cial Security Act (42 U.S.C. 503(j));’’; 

3 (vi) in subparagraph (E), by striking 

4 ‘‘employment statistics’’ and inserting 

5 ‘‘workforce and labor market’’; 

6 (vii) in subparagraph (F), by striking 

7 ‘‘and eligible providers of youth activities 

8 described in section 123,’’; 

9 (viii) in subparagraph (I), by inserting 

10 ‘‘and the administration of the work test 

11 for the unemployment compensation sys12 tem’’ after ‘‘compensation’’; 

13 (ix) by amending subparagraph (J) to 

14 read as follows: 

15 ‘‘(J) assistance in establishing eligibility 

16 for programs of financial aid assistance for 

17 training and education programs that are not 

18 funded under this Act and are available in the 

19 local area; and’’; and 

20 (x) by redesignating subparagraph 

21 (K) as subparagraph (U); and 

22 (xi) by inserting the following new 

23 subparagraphs after subparagraph (J): 

24 ‘‘(K) the provision of information from of25 ficial publications of the Internal Revenue ServVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 ice regarding Federal tax credits available to in2 dividuals relating to education, job training and 

3 employment; 

4 ‘‘(L) comprehensive and specialized assess5 ments of the skill levels and service needs of 

6 workers, which may include— 

7 ‘‘(i) diagnostic testing and use of 

8 other assessment tools; and 

9 ‘‘(ii) in-depth interviewing and evalua10 tion to identify employment barriers and 

11 appropriate employment goals; 

12 ‘‘(M) development of an individual employ13 ment plan, to identify the employment goals, 

14 appropriate achievement objectives, and appro15 priate combination of services for the participa16 tion to achieve the employment goals; 

17 ‘‘(N) group counseling; 

18 ‘‘(O) individual counseling and career plan19 ning; 

20 ‘‘(P) case management; 

21 ‘‘(Q) short-term pre-career services, includ22 ing development of learning skills, communica23 tions skills, interviewing skills, punctuality, per24 sonal maintenance skills, and professional conVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 duct, to prepare individuals for unsubsidized 

2 employment or training; 

3 ‘‘(R) internships and work experience; 

4 ‘‘(S) literacy activities relating to basic 

5 work readiness, information and communication 

6 technology literacy activities, and financial lit7 eracy activities, if such activities are not avail8 able to participants in the local area under pro9 grams administered under the Adult Education 

10 and Family Literacy Act (20 U.S.C. 2901 et 

11 seq.); and 

12 ‘‘(T) out-of-area job search assistance and 

13 relocation assistance.’’; and 

14 (C) by amending paragraph (3) to read as 

15 follows: 

16 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

17 services described in section 132(c)(2) shall be pro18 vided through the one-stop delivery system and may 

19 be provided through contracts with public, private 

20 for-profit, and private nonprofit service providers, 

21 approved by the local board.’’; 

22 (D) in paragraph (4)— 

23 (i) by amending subparagraph (A) to 

24 read as follows: 


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1 ‘‘(A) IN GENERAL.—Funds allocated to a 

2 local area under section 133(b) shall be used to 

3 provide training services to individuals who— 

4 ‘‘(i) after an interview, evaluation, or 

5 assessment, and case management, have 

6 been determined by a one-stop operator or 

7 one-stop partner, as appropriate, to— 

8 ‘‘(I) be in need of training serv9 ices to obtain or retain employment; 

10 and 

11 ‘‘(II) have the skills and quali12 fications to successfully participate in 

13 the selected program of training serv14 ices; 

15 ‘‘(ii) select programs of training serv16 ices that are directly linked to the employ17 ment opportunities in the local area in18 volved or in another area in which the indi19 vidual receiving such services are willing to 

20 commute or relocate; and 

21 ‘‘(iii) who meet the requirements of 

22 subparagraph (B);’’; and 

23 (ii) in subparagraph (B)(i), by strik24 ing ‘‘Except’’ and inserting ‘‘Notwith25 standing section 479B of the Higher EduVerDate Mar 15 2010 02:56 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4297.IH H4297

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1 cation Act of 1965 (20 U.S.C. 1087uu) 

2 and except’’; 

3 (iii) by amending subparagraph (D) to 

4 read as follows: 

5 ‘‘(D) TRAINING SERVICES.—Training serv6 ices authorized under this paragraph may in7 clude— 

8 ‘‘(i) occupational skills training; 

9 ‘‘(ii) on-the-job training; 

10 ‘‘(iii) skill upgrading and retraining; 

11 ‘‘(iv) entrepreneurial training; 

12 ‘‘(v) education activities leading to a 

13 regular secondary school diploma or its 

14 recognized equivalent in combination with, 

15 concurrently or subsequently, occupational 

16 skills training; 

17 ‘‘(vi) adult education and literacy ac18 tivities provided in conjunction with other 

19 training authorized under this subpara20 graph; 

21 ‘‘(vii) workplace training combined 

22 with related instruction; and 

23 ‘‘(viii) occupational skills training that 

24 incorporates English language acquisi25 tion.’’; 


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1 (iv) by striking subparagraph (E) and 

2 redesignating subparagraphs (F) and (G) 

3 as subparagraphs (E) and (F), respec4 tively; and 

5 (v) in subparagraph (E) (as so redes6 ignated)— 

7 (I) in clause (ii)— 

8 (aa) in the matter preceding 

9 clause (I), by striking ‘‘sub10 section (c)’’ and inserting ‘‘sec11 tion 121’’; and 

12 (bb) in clause (II), by strik13 ing ‘‘subsections (e) and (h)’’ and 

14 inserting ‘‘subsection (i)’’; and 

15 (II) by striking clause (iii) and 

16 inserting the following: 

17 ‘‘(iii) CAREER ENHANCEMENT AC18 COUNTS.—An individual who seeks train19 ing services and who is eligible pursuant to 

20 subparagraph (A), may, in consultation 

21 with a case manager, select an eligible pro22 vider of training services from the list or 

23 identifying information for providers de24 scribed in clause (ii)(I). Upon such selec25 tion, the one-stop operator involved shall, 


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1 to the extent practicable, refer such indi2 vidual to the eligible provider of training 

3 services, and arrange for payment for such 

4 services through a career enhancement ac5 count. 

6 ‘‘(iv) COORDINATION.—Each local 

7 board may, through one-stop centers, co8 ordinate career enhancement accounts with 

9 other Federal, State, local, or private job 

10 training programs or sources to assist the 

11 individual in obtaining training services. 

12 ‘‘(v) ENHANCED CAREER ENHANCE13 MENT ACCOUNTS.—Each local board may, 

14 through one-stop centers, assist individuals 

15 receiving career enhancement accounts 

16 through the establishment of such accounts 

17 that include, in addition to the funds pro18 vided under this paragraph, funds from 

19 other programs and sources that will assist 

20 the individual in obtaining training serv21 ices.’’; and 

22 (vi) in subparagraph (G)— 

23 (I) in the subparagraph heading, 

24 by striking ‘‘INDIVIDUAL TRAINING


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1 ACCOUNTS’’ and inserting ‘‘CAREER

2 ENHANCEMENT ACCOUNTS’’; 

3 (II) in clause (i) by striking ‘‘in4 dividual training accounts’’ and in5 serting ‘‘career enhancement ac6 counts’’; 

7 (III) in clause (ii)— 

8 (aa) by striking ‘‘an indi9 vidual training account’’ and in10 serting ‘‘a career enhancement 

11 account’’; 

12 (bb) in subclause (II), by 

13 striking ‘‘individual training ac14 counts’’ and inserting ‘‘career en15 hancement accounts’’; 

16 (cc) in subclause (II) by 

17 striking ‘‘or’’ after the semicolon; 

18 (dd) in subclause (III) by 

19 striking the period and inserting 

20 ‘‘; or’’; and 

21 (ee) by adding at the end of 

22 the following: 

23 ‘‘(IV) the local board determines 

24 that it would be most appropriate to 

25 award a contract to an institution of 


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1 higher education in order to facilitate 

2 the training of multiple individuals in 

3 in-demand sectors or occupations, if 

4 such contract does not limit customer 

5 choice.’’; 

6 (IV) in clause (iii), by striking 

7 ‘‘adult or dislocated worker’’ and in8 serting ‘‘individual’’; and 

9 (V) in clause (iv)— 

10 (aa) by redesignating sub11 clause (IV) as subclause (V) and 

12 inserting after subclause (III) the 

13 following: 

14 ‘‘(IV) Individuals with disabil15 ities.’’; 

16 (6) in subsection (d) (as so redesignated)— 

17 (A) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC20 TIVITIES.— 

21 ‘‘(A) IN GENERAL.—Funds allocated to a 

22 local area under section 133(b) may be used to 

23 provide, through the one-stop delivery system— 


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1 ‘‘(i) customized screening and referral 

2 of qualified participants in training serv3 ices to employers; 

4 ‘‘(ii) customized employment-related 

5 services to employers on a fee-for-service 

6 basis; 

7 ‘‘(iii) customer support to navigate 

8 among multiple services and activities for 

9 special participant populations that face 

10 multiple barriers to employment, including 

11 individuals with disabilities; 

12 ‘‘(iv) employment and training assist13 ance provided in coordination with child 

14 support enforcement activities of the State 

15 agency carrying out subtitle D of title IV 

16 of the Social Security Act (42 U.S.C. 651 

17 et seq.); 

18 ‘‘(v) activities to facilitate remote ac19 cess to services provided through a one20 stop delivery system, including facilitating 

21 access through the use of technology; and 

22 ‘‘(vi) activities to carry out business 

23 services and strategies that meet the work24 force investment needs of local area busi25 nesses, as determined by the local board, 


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1 consistent with the local plan under section 

2 118, which services— 

3 ‘‘(I) may be provided through ef4 fective business intermediaries work5 ing in conjunction with the local 

6 board, and may also be provided on a 

7 fee-for-service basis or through the 

8 leveraging of economic development 

9 and other resources as determined ap10 propriate by the local board; and 

11 ‘‘(II) may include— 

12 ‘‘(aa) identifying and dis13 seminating to business, edu14 cators, and job seekers, informa15 tion related to the workforce, eco16 nomic and community develop17 ment needs, and opportunities of 

18 the local economy; 

19 ‘‘(bb) development and deliv20 ery of innovative workforce in21 vestment services and strategies 

22 for area businesses, which may 

23 include sectoral, industry cluster, 

24 regional skills alliances, career 

25 ladder, skills upgrading, skill 


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1 standard development and certifi2 cation, apprenticeship, and other 

3 effective initiatives for meeting 

4 the workforce investment needs 

5 of area employers and workers; 

6 ‘‘(cc) participation in semi7 nars and classes offered in part8 nership with relevant organiza9 tions focusing on the workforce10 related needs of area employers 

11 and job seekers; 

12 ‘‘(dd) training consulting, 

13 needs analysis, and brokering 

14 services for area businesses, in15 cluding the organization and ag16 gregation of training (which may 

17 be paid for with funds other than 

18 those provided under this title), 

19 for individual employers and coa20 litions of employers with similar 

21 interests, products, or workforce 

22 needs; 

23 ‘‘(ee) assistance to area em24 ployers in the aversion of layoffs 

25 and in managing reductions in 


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1 workforce in coordination with 

2 rapid response activities; 

3 ‘‘(ff) the marketing of busi4 ness services offered under this 

5 title, to appropriate area employ6 ers, including small and mid7 sized employers; 

8 ‘‘(gg) information referral 

9 on concerns affecting local em10 ployers; and 

11 ‘‘(hh) other business services 

12 and strategies designed to better 

13 engage employers in workforce 

14 investment activities and to make 

15 the workforce investment system 

16 more relevant to the workforce 

17 investment needs of area busi18 nesses, as determined by the local 

19 board to be consistent with the 

20 objectives of this title.’’. 

21 (B) by striking paragraphs (2) and (3); 

22 and 

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

24 ‘‘(2) INCUMBENT WORKER TRAINING PRO25 GRAMS.— 


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1 ‘‘(A) IN GENERAL.—The local board may 

2 use funds allocated to a local area under section 

3 133(b)(2) to carry out incumbent worker train4 ing programs in accordance with this para5 graph. 

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

7 programs for incumbent workers under this 

8 paragraph shall be carried out by the local area 

9 in conjunction with the employers of such work10 ers for the purpose of assisting such workers in 

11 obtaining the skills necessary to retain employ12 ment and avert layoffs. 

13 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

14 ‘‘(i) IN GENERAL.—Employers partici15 pating in programs under this paragraph 

16 shall be required to pay a proportion of the 

17 costs of providing the training to the in18 cumbent workers of the employers. The 

19 State board, in consultation with the local 

20 board as appropriate, shall establish the 

21 required portion of such costs, which may 

22 include in-kind contributions. The required 

23 portion shall not be less than 50 percent of 

24 the costs. 


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1 ‘‘(ii) CALCULATION OF MATCH.—The 

2 wages paid by an employer to a worker 

3 while they are attending training may be 

4 included as part of the required payment 

5 of the employer.’’; and 

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

7 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

8 JOBS.—In providing employment and training activities 

9 authorized under this section, the State and local board 

10 shall give priority to placing participants in jobs in the 

11 private sector.’’. 

12 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

13 Section 136 (29 U.S.C. 2871) is amended— 

14 (1) in subsection (b)— 

15 (A) by amending paragraphs (1) and (2) 

16 to read as follows: 

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

18 performance measures shall consist of— 

19 ‘‘(A)(i) the core indicators of performance 

20 described in paragraph (2)(A); and 

21 ‘‘(ii) additional indicators of performance 

22 (if any) identified by the State under paragraph 

23 (2)(B); and 


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1 ‘‘(B) a State adjusted level of performance 

2 for each indicator described in subparagraph 

3 (A). 

4 ‘‘(2) INDICATORS OF PERFORMANCE.— 

5 ‘‘(A) CORE INDICATORS OF PERFORM6 ANCE.— 

7 ‘‘(i) IN GENERAL.—The core indica8 tors of performance for the program of em9 ployment and training activities authorized 

10 under section 134, the program of adult 

11 education and literacy activities authorized 

12 under title II, and the program authorized 

13 under title I of the Rehabilitation Act of 

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

15 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 full calendar quarter after exit 

21 from the program; 

22 ‘‘(II) the percentage and number 

23 of program participants who are in 

24 unsubsidized employment during the 


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1 fourth full calendar quarter after exit 

2 from the program; 

3 ‘‘(III) the median earnings of 

4 program participants who are in un5 subsidized employment during the sec6 ond full calendar quarter after exit 

7 from the program compared to the 

8 median earnings of such participants 

9 prior to the training received under 

10 such program; 

11 ‘‘(IV) the percentage and number 

12 of program participants who obtain a 

13 recognized postsecondary credential, 

14 including a registered apprenticeship, 

15 or a regular secondary school diploma 

16 or its recognized equivalent (subject to 

17 clause (iii)), during participation in or 

18 within 1 year after exit from program; 

19 ‘‘(V) the percentage and number 

20 of program participants who, during a 

21 program year— 

22 ‘‘(aa) are in an education or 

23 training program that leads to a 

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1 prenticeship or on-the-job train2 ing program, a regular secondary 

3 school diploma or its recognized 

4 equivalent, or unsubsidized em5 ployment; and 

6 ‘‘(bb) are achieving measur7 able basic skill gains toward such 

8 a credential or employment; and 

9 ‘‘(VI) the percentage and number 

10 of program participants who obtain 

11 unsubsidized employment in the field 

12 relating to the training services de13 scribed in section 134(c)(4) that such 

14 participants received. 

15 ‘‘(ii) CORE INDICATORS FOR ELIGIBLE

16 YOUTH.—The core indicators of perform17 ance for the program of youth activities 

18 authorized under section 134(a)(5), shall 

19 include— 

20 ‘‘(I) the percentage and number 

21 of program participants who are in 

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1 endar quarter after exit from the pro2 gram; 

3 ‘‘(II) the percentage and number 

4 of program participants who are in 

5 education or training activities, in un6 subsidized employment, or in the mili7 tary service, during the fourth full cal8 endar quarter after exit from the pro9 gram; 

10 ‘‘(III) the median earnings of 

11 program participants who are in un12 subsidized employment during the sec13 ond full calendar quarter after exit 

14 from the program compared to the 

15 median earnings of such participants 

16 prior to the training; 

17 ‘‘(IV) the percentage and number 

18 of program participants who obtain a 

19 recognized postsecondary credential 

20 described in clause (i)(IV), or a reg21 ular secondary school diploma or its 

22 recognized equivalent (subject to 

23 clause (iii)), during participation in or 

24 within 1 year after exit from the pro25 gram; 


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1 ‘‘(V) the percentage and number 

2 of program participants who, during a 

3 program year, are in an education or 

4 training program that leads to a rec5 ognized postsecondary credential or a 

6 regular secondary school diploma or 

7 its recognized equivalent, or unsub8 sidized employment and who are 

9 achieving measurable basic skill gains 

10 toward such a credential or employ11 ment; and 

12 ‘‘(VI) the percentage and number 

13 of program participants who obtain 

14 unsubsidized employment in the field 

15 relating to the training services de16 scribed in section 134(c)(4) that such 

17 participants received. 

18 ‘‘(iii) INDICATOR RELATING TO CRE19 DENTIAL.—For purposes of clause (i)(IV) 

20 and (ii)(IV), program participants who ob21 tain a regular secondary school diploma or 

22 its recognized equivalent shall be included 

23 in the percentage counted as meeting the 

24 criterion under such clause only if such 

25 participants, in addition to obtaining such 


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1 diploma or its recognized equivalent, have, 

2 within 1 year after exit from the program, 

3 obtained or retained employment, have 

4 been removed from public assistance, or 

5 are in an education or training program 

6 leading to a recognized postsecondary cre7 dential described in clause (i)(IV). 

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

9 may identify in the State plan additional indica10 tors for workforce investment activities author11 ized under this subtitle.’’; and 

12 (B) in paragraph (3)— 

13 (i) in subparagraph (A)— 

14 (I) in the heading, by striking 

15 ‘‘AND CUSTOMER SATISFACTION INDI16 CATOR’’; 

17 (II) in clause (i), by striking 

18 ‘‘and the customer satisfaction indi19 cator described in paragraph (2)(B)’’; 

20 (III) in clause (ii), by striking 

21 ‘‘and the customer satisfaction indi22 cator of performance, for the first 3’’ 

23 and inserting ‘‘, for the first 2’’; 

24 (IV) in clause (iii)— 


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1 (aa) in the heading, by 

2 striking ‘‘3 YEARS’’ and inserting 

3 ‘‘2 YEARS’’; and 

4 (bb) by striking ‘‘and the 

5 customer satisfaction indicator of 

6 performance, for the first 3 pro7 gram years’’ and inserting ‘‘for 

8 the first 2 program years’’; 

9 (V) in clause (iv)— 

10 (aa) by striking subclause 

11 (I) and redesignating subclauses 

12 (II) and (III) as subclauses (I) 

13 and (II), respectively; and 

14 (bb) in subclause (I) (as so 

15 redesignated)— 

16 (AA) by striking ‘‘tak17 ing into account’’ and in18 serting ‘‘which shall be ad19 justed based on’’; 

20 (BB) by inserting ‘‘, 

21 such as unemployment rates 

22 and job losses or gains in 

23 particular industries’’ after 

24 ‘‘economic conditions’’; and 


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1 (CC) by inserting ‘‘, 

2 such as indicators of poor 

3 work experience, dislocation 

4 from high-wage employment, 

5 low levels of literacy or 

6 English proficiency, dis7 ability status, including the 

8 number of veterans with dis9 abilities, and welfare de10 pendency’’ after ‘‘program’’; 

11 (VI) by striking clause (v) and 

12 redesignating clause (vi) as clause (v); 

13 and 

14 (VII) in clause (v) (as so redesig15 nated), 

16 (aa) by striking ‘‘described 

17 in clause (iv)(II)’’ and inserting 

18 ‘‘described in clause (iv)(I)’’; and 

19 (bb) striking ‘‘or (v)’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘paragraph (2)(C)’’ and inserting ‘‘para22 graph (2)(B)’’; 

23 (2) in subsection (c)(1)(A)— 

24 (A) by amending clause (i) to read as fol25 lows: 


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1 ‘‘(i) the core indicators of perform2 ance described in subsection (b)(2)(A) for 

3 activities described in such subsections, 

4 other than statewide workforce investment 

5 activities; and’’; 

6 (B) in clause (ii), by striking ‘‘(b)(2)(C)’’ 

7 and inserting ‘‘(b)(2)(B)’’; and 

8 (C) by amending paragraph (3) to read as 

9 follows: 

10 ‘‘(3) DETERMINATIONS.—In determining such 

11 local levels of performance, the local board, the chief 

12 elected official, and the Governor shall ensure such 

13 levels are adjusted based on the specific economic 

14 characteristics (such as unemployment rates and job 

15 losses or gains in particular industries), demographic 

16 characteristics, or other characteristics of the popu17 lation to be served in the local area, such as poor 

18 work history, lack of work experience, dislocation 

19 from high-wage employment, low levels of literacy or 

20 English proficiency, disability status, including the 

21 number of veterans with disabilities, and welfare de22 pendency.’’; 

23 (3) in subsection (d)— 

24 (A) in paragraph (1)— 

25 (i) by striking ‘‘127 or’’; and 


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1 (ii) by striking ‘‘and the customer sat2 isfaction indicator’’ each place it appears; 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (A), by striking 

5 ‘‘section 134(d)(4)’’ and inserting ‘‘section 

6 134)(c)(4)’’; 

7 (ii) in subparagraph (E), by striking 

8 ‘‘(excluding participants who received only 

9 self-service and information activities); 

10 and’’ and inserting a semicolon; 

11 (iii) by striking ‘‘and’’ at the end of 

12 subparagraph (E); 

13 (iv) by striking the period at the end 

14 of subparagraph (F) and inserting ‘‘; and’’; 

15 and 

16 (v) by adding at the end, the fol17 lowing: 

18 ‘‘(G) with respect to each local area in the 

19 State— 

20 ‘‘(i) the number of individuals who re21 ceived work ready services described under 

22 section 134(c)(2) and the number of indi23 viduals who received training services de24 scribed under section 134(c)(4) during the 

25 most recent program year and fiscal year, 


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1 and the preceding 5 program years, and 

2 where the individuals received the training, 

3 disaggregated by the type of entity that 

4 provided the training; 

5 ‘‘(ii) the number of individuals who 

6 successfully exited out of work ready serv7 ices described under section 134(c)(2) and 

8 the number of individuals who exited out 

9 of training services described under section 

10 134(c)(4) during the most recent program 

11 year and fiscal year, and the preceding 5 

12 program years, and where the individuals 

13 received the training, disaggregated by the 

14 type of entity that provided the training; 

15 and 

16 ‘‘(iii) the average cost per participant 

17 of those individuals who received work 

18 ready services described under section 

19 134(c)(2) and the average cost per partici20 pant of those individuals who received 

21 training services described under section 

22 134(c)(4) during the most recent program 

23 year and fiscal year, and the preceding 5 

24 program years, and where the individuals 


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1 received the training, disaggregated by the 

2 type of entity that provided the training.’’; 

3 (C) in paragraph (3), by striking ‘‘through 

4 publication’’ and inserting ‘‘through electronic 

5 means’’; and 

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

7 ‘‘(4) DATA VALIDATION.—In preparing the re8 ports described in this subsection, each State shall 

9 establish procedures, consistent with guidelines 

10 issued by the Secretary, to ensure the information 

11 contained in the report is valid and reliable.’’; 

12 (4) in subsection (g)— 

13 (A) in subsection (g)(1)(A), by striking ‘‘or 

14 (B)’’; 

15 (B) in paragraph (1)(B), by striking ‘‘may 

16 reduce by not more than 5 percent,’’ and insert17 ing ‘‘shall reduce’’; and 

18 (C) by striking paragraph (2) and insert19 ing the following: 

20 ‘‘(2) FUNDS RESULTING FROM REDUCED AL21 LOTMENTS.—The Secretary shall return to the 

22 Treasury the amount retained, as a result of a re23 duction in an allotment to a State made under para24 graph (1)(B).’’; 

25 (5) in subsection (h)(1), by striking ‘‘or (B)’’; 


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1 (6) in subsection (h)(2)— 

2 (A) in subparagraph (A), by amending the 

3 matter preceding clause (i) to read as follows: 

4 ‘‘(A) IN GENERAL.—If such failure con5 tinues for a second consecutive year, the Gov6 ernor shall take corrective actions, including the 

7 development of a reorganization plan. Such 

8 plan shall—’’; 

9 (B) by redesignating subparagraphs (B) 

10 and (C) as subparagraphs (C) and (D), respec11 tively; 

12 (C) by inserting after subparagraph (A), 

13 the following: 

14 ‘‘(B) REDUCTION IN THE AMOUNT OF

15 GRANT.—If such failure continues for a third 

16 consecutive year, the Governor of a State shall 

17 reduce the amount of the grant that would (in 

18 the absence of this subparagraph) be payable to 

19 the local area under such program for the pro20 gram year after such third consecutive year. 

21 Such penalty shall be based on the degree of 

22 failure to meet local levels of performance.’’; 

23 (D) in subparagraph (C)(i) (as so redesig24 nated), by striking ‘‘a reorganization plan 

25 under subparagraph (A) may, not later than 30 


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1 days after receiving notice of the reorganization 

2 plan, appeal to the Governor to rescind or re3 vise such a plan’’ and inserting ‘‘corrective ac4 tions under subparagraphs (A) and (B) may, 

5 not later than 30 days after receiving notice of 

6 the actions, appeal to the Governor to rescind 

7 or revise such actions’’; and 

8 (E) in subparagraph (D) (as so redesig9 nated), by striking ‘‘subparagraph (B)’’ each 

10 place it appears and inserting ‘‘subparagraph 

11 (C)’’; 

12 (7) in subsection (i)(1)(C), by striking 

13 ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; 

14 (8) in subsection (i)(1)(B), by striking ‘‘sub15 section (b)(2)(C)’’ and inserting ‘‘subsection 

16 (b)(2)(B)’’; and 

17 (9) by adding at the end the following sub18 section: 

19 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO20 GRAMS.—In addition to the programs carried out under 

21 chapter 5, and consistent with the requirements of the ap22 plicable authorizing laws, the Secretary shall use the core 

23 indicators of performance described in subsection 

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1 scribed under section 121(b)(1)(B) that are carried out 

2 by the Secretary.’’. 

3 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 137 is amended to read as follows: 

5 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to carry out 

7 the activities described in section 132, $6,080,237,000 for 

8 fiscal year 2013 and each of the 5 succeeding fiscal 

9 years.’’. 

10 SEC. 116. TECHNICAL ASSISTANCE. 

11 Section 170 (29 U.S.C. 2915) is amended— 

12 (1) by striking subsection (b); 

13 (2) by striking: 

14 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

15 (3) by redesignating paragraphs (1), (2), and 

16 (3) as subsections (a), (b), and (c) respectively, and 

17 moving such subsections 2 ems to the left; 

18 (4) in subsection (a) (as so redesignated)— 

19 (A) by inserting ‘‘the training of staff pro20 viding rapid response services, the training of 

21 other staff of recipients of funds under this 

22 title, assistance regarding accounting and pro23 gram operation practices (when such assistance 

24 would not be duplicative to assistance provided 

25 by the State), technical assistance to States 


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1 that do not meet State performance measures 

2 described in section 136,’’ after ‘‘localities,’’; 

3 and 

4 (B) by striking ‘‘from carrying out activi5 ties’’ and all that follows up to the period and 

6 inserting ‘‘to implement the amendments made 

7 by the Workforce Investment Improvement Act 

8 of 2011’’; and 

9 (5) in subsection (b) (as so redesignated) by 

10 striking ‘‘, or recipient of financial assistance under 

11 any of section 166 through 169,’’; and 

12 (6) by inserting, after subsection (c) (as redes13 ignated by paragraph (3)), the following: 

14 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec15 retary shall— 

16 ‘‘(1) establish a system through which States 

17 may share information regarding best practices with 

18 regard to the operation of workforce investment ac19 tivities under this Act; and 

20 ‘‘(2) evaluate and disseminate information re21 garding best practices and identify knowledge 

22 gaps.’’. 

23 SEC. 117. EVALUATIONS. 

24 Section 172 is amended— 


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1 (1) in subsection (a), by striking ‘‘the Secretary 

2 shall provide for the continuing evaluation of the 

3 programs and activities, including those programs 

4 and activities carried out under section 171’’ and in5 serting ‘‘the Secretary, through grants, contracts, or 

6 cooperative agreements, shall conduct, at least once 

7 every 5 years, an independent evaluation of the pro8 grams and activities funded under this Act’’; 

9 (2) in subsection (a)(4) is amended to read as 

10 follows: 

11 ‘‘(4) the impact of receiving services and not re12 ceiving services under such programs and activities 

13 on the community, businesses, and individuals;’’; 

14 (3) in subsection (c) is amended to read as fol15 lows: 

16 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

17 this section shall utilize appropriate and rigorous method18 ology and research designs, including the use of control 

19 groups chosen by scientific random assignment methodolo20 gies, quasi-experimental methods, impact analysis and the 

21 use of administrative data. The Secretary shall conduct 

22 an impact analysis, as described in subsection (a)(4), of 

23 the formula grant program under subtitle B not later than 

24 2014, and thereafter shall conduct such an analysis not 

25 less than once every four years.’’; 


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1 (4) in subsection (e) is amended by striking 

2 ‘‘the Committee on Labor and Human Resources of 

3 the Senate’’ and inserting ‘‘the Committee on 

4 Health, Education, Labor, and Pensions of the Sen5 ate’’; and 

6 (5) by adding at the end, the following: 

7 ‘‘(g) PUBLIC AVAILABILITY.—The results of the eval8 uations conducted under this section shall be made pub9 licly available, including by posting such results on the De10 partment’s website.’’. 

11 SEC. 118. AMENDMENTS TO SECTION 173. 

12 Section 173 (29 U.S.C. 2918) is amended— 

13 (1) by amending the heading for section 173 to 

14 read as follows: ‘‘NATIONAL DISLOCATED WORK15 ER GRANTS’’; 

16 (2) in subsection (a)— 

17 (A) by striking ‘‘national emergency 

18 grants’’ in the matter preceding paragraph (1) 

19 and inserting ‘‘national dislocated worker 

20 grants’’; 

21 (B) in paragraph (1), by striking ‘‘sub22 section (c)’’ and inserting ‘‘subsection (b)’’; and 

23 (C) in paragraph (4)— 

24 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘section 

2 173(c)(1)(B)’’ and inserting ‘‘section 

3 173(h)(1)(B)’’; and 

4 (II) by striking ‘‘subsection (f)’’ 

5 and inserting ‘‘subsection (d)’’; and 

6 (ii) in subparagraph (B), by striking 

7 ‘‘subsection (g)’’ and inserting ‘‘subsection 

8 (e)’’; 

9 (3) by striking subsections (b) and (e) and re10 designating subsections (c), (d), (f), and (g) as sub11 sections (b) through (e), respectively; 

12 (4) in subsection (b)(1)(B) (as so redesignated), 

13 by striking ‘‘an entity described in section 166(c)’’ 

14 and all that follows, and replacing with ‘‘and section 

15 132(a)(2).’’; 

16 (5) in subsection (b)(2)(A) (as so redesig17 nated)— 

18 (A) in the matter preceding clause (i), by 

19 striking ‘‘national emergency grant’’ and insert20 ing ‘‘national dislocated worker grant’’; 

21 (B) in clause (iii), by striking ‘‘; or’’ and 

22 inserting a semicolon; 

23 (C) in clause (iv)(IV) by striking the pe24 riod and inserting ‘‘; or’’; and 

25 (D) by inserting at the end the following: 


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1 ‘‘(v) is the spouse of a member of the 

2 Armed Forces who is on active duty or 

3 full-time National Guard duty, or who was 

4 recently separated from such duties, and 

5 such spouse is in need of employment and 

6 training assistance to obtain or retain em7 ployment.’’; 

8 (6) in subsection (b)(2)(C) (as so redesignated), 

9 by striking ‘‘national emergency grant’’ and insert10 ing ‘‘national dislocated worker grants’’; 

11 (7) in subsection (d)(2) (as so redesignated), by 

12 striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

13 (e)’’; 

14 (8) strike subsection (d)(3)(B) (as so redesig15 nated); 

16 (9) in subsection (d)(5) (as so redesignated), by 

17 striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

18 (e)’’; 

19 (10) in subsection (d)(6) (as so redesignated), 

20 by striking ‘‘subsection (g)’’ and inserting ‘‘sub21 section (e)’’; 

22 (11) in subsection (e)(1)(A) (as so redesig23 nated), by striking ‘‘subsection (f)(1)(A)’’ and in24 serting ‘‘subsection (d)(1)(A)’’; and 


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1 (12) strike subsection (e)(4)(B) (as so redesig2 nated). 

3 SEC. 119. REQUIREMENTS AND RESTRICTIONS. 

4 Section 181 (29 U.S.C. 2931) is amended— 

5 (1) in subsection (b)(6), by striking ‘‘, including 

6 representatives of businesses and labor organiza7 tions’’; 

8 (2) in subsection (c)(2)(A), in the matter pre9 ceding clause (i), by striking ‘‘shall’’ and inserting 

10 ‘‘may’’; 

11 (3) in subsection (e)— 

12 (A) by striking ‘‘training for’’ and insert13 ing ‘‘the entry into employment, retention in 

14 employment, or increases in earnings of’’; and 

15 (B) by striking ‘‘under subtitle B’’ and in16 serting ‘‘this Act’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds 

19 provided under this title shall be used by a recipient or 

20 subrecipient of such funds to pay the salary and bonuses 

21 of an individual, either as direct costs or indirect costs, 

22 at a rate in excess of Level II of the Federal Executive 

23 Pay Schedule (5 U.S.C. 5313). This limitation shall not 

24 apply to vendors providing goods and services as defined 

25 in OMB Circular A–133. Where States are recipients of 


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1 such funds, States may establish a lower limit for salaries 

2 and bonuses of those receiving salaries and bonuses from 

3 subrecipients of such funds, taking into account factors 

4 including the relative cost-of-living in the State, the com5 pensation levels for comparable State or local government 

6 employees, and the size of the organizations that admin7 ister the programs. 

8 ‘‘(h) GENERAL AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—The Employment and 

10 Training Administration of the U.S. Department of 

11 Labor (hereinafter in this Act referred to as the ‘Ad12 ministration’) shall administer all programs author13 ized under title I and III of this Act. The Adminis14 tration shall be headed by an Assistant Secretary 

15 appointed by the President by and with the advice 

16 and consent of the Senate. Except for titles II and 

17 IV, the Administration shall be the principal agency, 

18 and the Assistant Secretary shall be the principal of19 ficer, of such Department for carrying out this Act. 

20 ‘‘(2) QUALIFICATIONS.—The Assistant Sec21 retary shall be an individual with substantial experi22 ence in workforce development and in workforce de23 velopment management. The Assistant Secretary 

24 shall also, to the maximum extent possible, possess 

25 knowledge and have worked in or with the State or 


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1 local workforce investment system or have been a 

2 member of the business community. In the perform3 ance of the functions of the office, the Assistant Sec4 retary shall be directly responsible to the Secretary 

5 or the Under Secretary as designed by the Sec6 retary. The functions of the Assistant Secretary 

7 shall not be delegated to any officer not directly re8 sponsible, both with respect to program operation 

9 and administration, to the Assistant Secretary. Any 

10 reference in this Act to duties to be carried out by 

11 the Assistant Secretary shall be considered to be a 

12 reference to duties to be carried out by the Secretary 

13 acting through the Assistant Secretary.’’. 

14 SEC. 120. PROMPT ALLOCATION OF FUNDS. 

15 Section 182 (29 U.S.C. 2932) is amended— 

16 (1) in subsection (c), by striking ‘‘127 or’’; and 

17 (2) in subsection (e)— 

18 (A) by striking ‘‘sections 128 and 133’’ 

19 and inserting ‘‘section 133’’; and 

20 (B) by striking ‘‘127 or’’. 

21 SEC. 121. FISCAL CONTROLS; SANCTIONS. 

22 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended 

23 by striking subparagraph (B). 

24 SEC. 122. REPORTS TO CONGRESS. 

25 Section 185 (29 U.S.C. 2935) is amended— 


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1 (1) in subsection (c)— 

2 (A) in paragraph (2), by striking ‘‘and’’ 

3 after the semicolon; 

4 (B) in paragraph (3), by striking the pe5 riod and inserting ‘‘; and’’; and 

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

7 ‘‘(4) shall have the option to submit or dissemi8 nate electronically any reports, records, plans, or any 

9 other data that are required to be collected or dis10 seminated under this title.’’; and 

11 (2) in subsection (e)(2), by inserting ‘‘and the 

12 Secretary shall submit to the Committee on Edu13 cation and the Workforce of the House of Rep14 resentatives and the Committee on Health, Edu15 cation, Labor, and Pensions of the Senate,’’ after 

16 ‘‘Secretary,’’. 

17 SEC. 123. ADMINISTRATIVE PROVISIONS. 

18 Section 189 (29 U.S.C. 2939) is amended— 

19 (1) in subsection (g)— 

20 (A) by amending paragraph (1) to read as 

21 follows: 

22 ‘‘(1) IN GENERAL.—Appropriations for any fis23 cal year for programs and activities carried out 

24 under this title shall be available for obligation only 

25 on the basis of a program year. The program year 


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

2 appropriation is made.’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘each State’’ and in5 serting ‘‘each recipient’’; and 

6 (ii) by striking ‘‘171 or’’; 

7 (2) in subsection (i)(4)— 

8 (A) in subparagraph (A)— 

9 (i) by striking ‘‘requirements of sub10 paragraph (B)’’ and all that follows 

11 through ‘‘any of the statutory or regu12 latory requirements of subtitle B’’ and in13 serting ‘‘requirements of subparagraph (B) 

14 or (D), any of the statutory or regulatory 

15 requirements of subtitle B’’; and 

16 (ii) by striking clause (ii); and 

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

18 ‘‘(D) EXPEDITED PROCESS FOR EXTEND19 ING APPROVED WAIVERS TO ADDITIONAL

20 STATES.—In lieu of the requirements of sub21 paragraphs (B) and (C), the Secretary may es22 tablish an expedited procedure for the purpose 

23 of extending to additional States the waiver of 

24 statutory or regulatory requirements that have 

25 been approved for a State pursuant to a request 


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1 under subparagraph (B). Such procedure shall 

2 ensure that the extension of such waivers to ad3 ditional States are accompanied by appropriate 

4 conditions relating the implementation of such 

5 waivers.’’. 

6 SEC. 124. STATE LEGISLATIVE AUTHORITY. 

7 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

8 (1) by striking ‘‘consistent with the provisions 

9 of this title’’ and inserting ‘‘consistent with State 

10 law and the provisions of this title’’; and 

11 (2) by striking ‘‘consistent with the terms and 

12 conditions required under this title’’ and inserting 

13 ‘‘consistent with State law and the terms and condi14 tions required under this title’’. 

15 SEC. 125. CONTINUATION OF STATE ACTIVITIES AND POLI16 CIES. 

17 Section 194 (20 U.S.C. 2944) is amended— 

18 (1) in subsection (a)(1)(A), by striking ‘‘127 

19 or’’; 

20 (2) in subsection (a)(1)(B), by striking ‘‘127 

21 or’’; and 

22 (3) in subsection (a)(2), by striking ‘‘127 or’’. 

23 SEC. 126. GENERAL PROGRAM REQUIREMENTS. 

24 Section 195 (29 U.S.C. 2945) is amended— 


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1 (1) in paragraph (7), by inserting at the end 

2 the following: 

3 ‘‘(D) Funds received by a public or private 

4 nonprofit entity that are not described in para5 graph (B), such as funds privately raised from 

6 philanthropic foundations, businesses, or other 

7 private entities, shall not be considered to be in8 come under this title and shall not be subject 

9 to the requirements of this section.’’; and 

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

11 paragraphs: 

12 ‘‘(14) Funds provided under this title shall not 

13 be used to establish or operate stand-alone fee-for14 service enterprises that compete with private sector 

15 employment agencies within the meaning of section 

16 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000e(c)), except that for purposes of this para18 graph, such an enterprise does not include one-stop 

19 centers. 

20 ‘‘(15) Any report required to be submitted to 

21 Congress, or to a Committee of Congress, under this 

22 title shall be submitted to both the chairmen and 

23 ranking minority members of the Committee on 

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1 resentatives and the Committee on Health, Edu2 cation, Labor, and Pensions of the Senate.’’. 

3 SEC. 127. STATE UNIFIED PLAN. 

4 Section 501 (20 U.S.C. 9271) is amended— 

5 (1) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) STATE UNIFIED PLAN.— 

8 ‘‘(1) IN GENERAL.—A State may develop and 

9 submit to the appropriate Secretaries a State unified 

10 plan for 2 or more of the activities or programs set 

11 forth in paragraph (2). The State unified plan shall 

12 cover one or more of the activities set forth in sub13 paragraphs (A) and (B) of paragraph (2) and may 

14 cover one or more of the activities set forth in sub15 paragraphs (C) through (N) of paragraph (2). For 

16 purposes of this paragraph, the activities and pro17 grams described in subparagraphs (A) and (B) of 

18 paragraph (2) shall not be considered to be 2 or 

19 more activities or programs for purposes of the uni20 fied plan. Such activities or programs shall be con21 sidered to be 1 activity or program. 

22 ‘‘(2) ACTIVITIES AND PROGRAMS.—The activi23 ties and programs referred to in paragraph (1) are 

24 as follows: 


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1 ‘‘(A) Programs and activities authorized 

2 under title I. 

3 ‘‘(B) Programs and activities authorized 

4 under title II. 

5 ‘‘(C) Programs authorized under the Reha6 bilitation Act of 1973. 

7 ‘‘(D) Secondary career education programs 

8 authorized under the Carl D. Perkins Career 

9 and Applied Technology Education Act. 

10 ‘‘(E) Postsecondary career education pro11 grams authorized under the Carl D. Perkins 

12 Career and Applied Technology Education Act. 

13 ‘‘(F) Programs and activities authorized 

14 under title II of the Trade Act of 1974. 

15 ‘‘(G) National Apprenticeship Act of 1937. 

16 ‘‘(H) Programs authorized under the Com17 munity Services Block Grant Act. 

18 ‘‘(I) Programs authorized under the part A 

19 of title IV of the Social Security Act. 

20 ‘‘(J) Programs authorized under State un21 employment compensation laws (in accordance 

22 with applicable Federal law). 

23 ‘‘(K) Work programs authorized under sec24 tion 6(o) of the Food Stamp Act of 1977. 


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1 ‘‘(L) Programs and activities authorized 

2 title I of the Housing and Community Develop3 ment Act of 1974. 

4 ‘‘(M) Programs and activities authorized 

5 under the Public Workers and Economic Devel6 opment Act of 1965. 

7 ‘‘(N) Activities as defined under chapter 

8 41 of title 38, United States Code.’’; and 

9 (2) by adding at the end, the following: 

10 ‘‘(e) AUTHORITY TO CONSOLIDATE FUNDS INTO

11 WORKFORCE INVESTMENT FUND.— 

12 ‘‘(1) IN GENERAL.—A State may consolidate 

13 funds allotted to a State under an approved applica14 tion under subsection (d) into the Workforce Invest15 ment Fund under section 132(b) in order to reduce 

16 inefficiencies in the administration of federally-fund17 ed State and local employment and training pro18 grams. 

19 ‘‘(2) TREATMENT OF FUNDS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding sub21 section (c), a State with an approved applica22 tion under subsection (d) may treat any and all 

23 funds consolidated into the Workforce Invest24 ment Fund as if they were original funds allot25 ted to a State under section 132(b). 


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1 ‘‘(B) APPLICABILITY.—Such a State shall 

2 continue to make reservations, except the res3 ervation under section 133(a)(1), and allot4 ments in accordance with section 133(b)(2). 

5 ‘‘(3) SPECIAL RULE.—A State may not consoli6 date funds allocated to the State under the Carl D. 

7 Perkins Career and Technical Education Act of 

8 2006.’’. 

9 TITLE II—ADULT EDUCATION 

10 AND FAMILY LITERACY EDU11 CATION 

12 SEC. 201. AMENDMENT. 

13 Title II (29 U.S.C. 2901 et seq.) is amended to read 

14 as follows: 

15 ‘‘TITLE II—ADULT EDUCATION 

16 AND FAMILY LITERACY EDU17 CATION 

18 ‘‘SEC. 201. SHORT TITLE. 

19 ‘‘This title may be cited as the ‘Adult Education and 

20 Family Literacy Education Act’. 

21 ‘‘SEC. 202. PURPOSE. 

22 ‘‘It is the purpose of this title to provide instructional 

23 opportunities for adults seeking to improve their literacy 

24 skills, including their basic reading, writing, speaking, and 

25 math skills, and support States and local communities in 


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1 providing, on a voluntary basis, adult education and family 

2 literacy education programs, in order to— 

3 ‘‘(1) increase the literacy of adults, including 

4 the basic reading, writing, speaking, and math skills, 

5 to a level of proficiency necessary for adults to ob6 tain employment and self-sufficiency and to success7 fully advance in the workforce; 

8 ‘‘(2) assist adults in the completion of a sec9 ondary school education (or its equivalent) and the 

10 transition to a postsecondary educational institution; 

11 ‘‘(3) assist adults who are parents to enable 

12 them to support the educational development of their 

13 children and make informed choices regarding their 

14 children’s education including, through instruction in 

15 basic reading, writing, speaking, and math skills; 

16 and 

17 ‘‘(4) assist adults who are not proficient in 

18 English in improving their reading, writing, speak19 ing, listening, comprehension, and math skills. 

20 ‘‘SEC. 203. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

23 EDUCATION PROGRAMS.—The term ‘adult education 

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1 ices below the postsecondary level that increase an 

2 individual’s ability to read, write, and speak English 

3 and perform mathematical computations leading to a 

4 level of proficiency equivalent to at least a secondary 

5 school completion that is provided for individuals— 

6 ‘‘(A) who are at least 16 years of age; 

7 ‘‘(B) who are not enrolled or required to be 

8 enrolled in secondary school under State law; 

9 and 

10 ‘‘(C) who— 

11 ‘‘(i) lack sufficient mastery of basic 

12 reading, writing, speaking, and math skills 

13 to enable the individuals to function effec14 tively in society; 

15 ‘‘(ii) do not have a secondary school 

16 diploma or its equivalent and have not 

17 achieved an equivalent level of education; 

18 or 

19 ‘‘(iii) are English learners. 

20 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

21 agency’— 

22 ‘‘(A) means the primary entity or agency 

23 in a State or an outlying area responsible for 

24 administering or supervising policy for adult 

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1 grams in the State or outlying area, respec2 tively, consistent with the law of the State or 

3 outlying area, respectively; and 

4 ‘‘(B) may be the State educational agency, 

5 the State agency responsible for administering 

6 workforce investment activities, or the State 

7 agency responsible for administering community 

8 or technical colleges. 

9 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

10 provider’ means— 

11 ‘‘(A) a local educational agency; 

12 ‘‘(B) a community-based or faith-based or13 ganization of demonstrated effectiveness; 

14 ‘‘(C) a volunteer literacy organization of 

15 demonstrated effectiveness; 

16 ‘‘(D) an institution of higher education; 

17 ‘‘(E) a public or private educational agen18 cy; 

19 ‘‘(F) a library; 

20 ‘‘(G) a public housing authority; 

21 ‘‘(H) an institution that is not described in 

22 any of subparagraphs (A) through (G) and has 

23 the ability to provide adult education, basic 

24 skills, and family literacy education programs to 

25 adults and families; or 


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1 ‘‘(I) a consortium of the agencies, organi2 zations, institutions, libraries, or authorities de3 scribed in any of subparagraphs (A) through 

4 (H). 

5 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO6 GRAM.—The term ‘English language acquisition pro7 gram’ means a program of instruction— 

8 ‘‘(A) designed to help English learners 

9 achieve competence in reading, writing, speak10 ing, and comprehension of the English lan11 guage; and 

12 ‘‘(B) that may lead to— 

13 ‘‘(i) attainment of a secondary school 

14 diploma or its recognized equivalent; 

15 ‘‘(ii) transition to success in postsec16 ondary education and training; and 

17 ‘‘(iii) employment or career advance18 ment. 

19 ‘‘(5) FAMILY LITERACY EDUCATION PRO20 GRAM.—The term ‘family literacy education pro21 gram’ means an educational program that— 

22 ‘‘(A) assists parents and students, on a 

23 voluntary basis, in achieving the purposes of 

24 this title as described in section 202; and 


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1 ‘‘(B) is of sufficient intensity in terms of 

2 hours and of sufficient duration to make sus3 tainable changes in a family, is evidence-based, 

4 and, for the purpose of substantially increasing 

5 the ability of parents and children to read, 

6 write, and speak English, integrates— 

7 ‘‘(i) interactive literacy activities be8 tween parents and their children; 

9 ‘‘(ii) training for parents regarding 

10 how to be the primary teacher for their 

11 children and full partners in the education 

12 of their children; 

13 ‘‘(iii) parent literacy training that 

14 leads to economic self-sufficiency; and 

15 ‘‘(iv) an age-appropriate education to 

16 prepare children for success in school and 

17 life experiences. 

18 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

19 the chief executive officer of a State or outlying 

20 area. 

21 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 

22 ‘‘(A) IN GENERAL.—The term ‘individual 

23 with a disability’ means an individual with any 

24 disability (as defined in section 3 of the Ameri25 cans with Disabilities Act of 1990). 


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1 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

2 The term ‘individuals with disabilities’ means 

3 more than one individual with a disability. 

4 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

5 learner’ means an adult or out-of-school youth who 

6 has limited ability in reading, writing, speaking, or 

7 understanding the English language, and— 

8 ‘‘(A) whose native language is a language 

9 other than English; or 

10 ‘‘(B) who lives in a family or community 

11 environment where a language other than 

12 English is the dominant language. 

13 ‘‘(9) INTEGRATED EDUCATION AND TRAIN14 ING.—The term ‘integrated education and training’ 

15 means services that provide adult education and lit16 eracy activities contextually and concurrently with 

17 workforce preparation activities and workforce train18 ing for a specific occupation or occupational cluster. 

19 Such services may include offering adult education 

20 services concurrent with credit-bearing postsec21 ondary education and training, including through co22 instruction. 

23 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

24 The term ‘institution of higher education’ has the 


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1 meaning given the term in section 101 of the Higher 

2 Education Act of 1965. 

3 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

4 individual’s ability to read, write, and speak in 

5 English, compute, and solve problems at a level of 

6 proficiency necessary to obtain employment and to 

7 successfully make the transition to postsecondary 

8 education. 

9 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The 

10 term ‘local educational agency’ has the meaning 

11 given the term in section 9101 of the Elementary 

12 and Secondary Education Act of 1965. 

13 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

14 area’ has the meaning given the term in section 101 

15 of this Act. 

16 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU17 TION.—The term ‘postsecondary educational institu18 tion’ means— 

19 ‘‘(A) an institution of higher education 

20 that provides not less than a 2-year program of 

21 instruction that is acceptable for credit toward 

22 a bachelor’s degree; 

23 ‘‘(B) a tribally controlled community col24 lege; or 


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1 ‘‘(C) a nonprofit educational institution of2 fering certificate or apprenticeship programs at 

3 the postsecondary level. 

4 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

5 means the Secretary of Education. 

6 ‘‘(16) STATE.—The term ‘State’ means each of 

7 the several States of the United States, the District 

8 of Columbia, and the Commonwealth of Puerto Rico. 

9 ‘‘(17) STATE EDUCATIONAL AGENCY.—The 

10 term ‘State educational agency’ has the meaning 

11 given the term in section 9101 of the Elementary 

12 and Secondary Education Act of 1965. 

13 ‘‘(18) WORKPLACE LITERACY PROGRAM.—The 

14 term ‘workplace literacy program’ means an edu15 cational program that is offered in collaboration be16 tween eligible providers and employers or employee 

17 organizations for the purpose of improving the pro18 ductivity of the workforce through the improvement 

19 of reading, writing, speaking, and math skills. 

20 ‘‘SEC. 204. HOME SCHOOLS. 

21 ‘‘Nothing in this title shall be construed to affect 

22 home schools, whether or not a home school is treated as 

23 a home school or a private school under State law, or to 

24 compel a parent engaged in home schooling to participate 


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1 in adult education and family literacy education activities 

2 under this title. 

3 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to carry out 

5 this title, $606,294,933 for fiscal years 2013 and for each 

6 of the 5 succeeding fiscal years. 

7 ‘‘Subtitle A—FEDERAL 

8 PROVISIONS 

9 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

10 AGENCIES; ALLOTMENTS. 

11 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap12 propriated under section 205 for a fiscal year, the Sec13 retary shall reserve 2.0 percent to carry out section 242. 

14 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

15 ‘‘(1) IN GENERAL.—From the sums appro16 priated under section 205 and not reserved under 

17 subsection (a) for a fiscal year, the Secretary shall 

18 award a grant to each eligible agency having a State 

19 plan approved under section 224 in an amount equal 

20 to the sum of the initial allotment under subsection 

21 (c)(1) and the additional allotment under subsection 

22 (c)(2) for the eligible agency for the fiscal year, sub23 ject to subsections (f) and (g). 

24 ‘‘(2) PURPOSE OF GRANTS.—The Secretary 

25 may award a grant under paragraph (1) only if the 


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1 eligible agency involved agrees to expend the grant 

2 in accordance with the provisions of this title. 

3 ‘‘(c) ALLOTMENTS.— 

4 ‘‘(1) INITIAL ALLOTMENTS.—From the sums 

5 appropriated under section 205 and not reserved 

6 under subsection (a) for a fiscal year, the Secretary 

7 shall allot to each eligible agency having a State 

8 plan approved under section 224— 

9 ‘‘(A) $100,000, in the case of an eligible 

10 agency serving an outlying area; and 

11 ‘‘(B) $250,000, in the case of any other el12 igible agency. 

13 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the 

14 sums appropriated under section 205, not reserved 

15 under subsection (a), and not allotted under para16 graph (1), for a fiscal year, the Secretary shall allot 

17 to each eligible agency that receives an initial allot18 ment under paragraph (1) an additional amount 

19 that bears the same relationship to such sums as the 

20 number of qualifying adults in the State or outlying 

21 area served by the eligible agency bears to the num22 ber of such adults in all States and outlying areas. 

23 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub24 section (c)(2), the term ‘qualifying adult’ means an adult 

25 who— 


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1 ‘‘(1) is at least 16 years of age; 

2 ‘‘(2) is beyond the age of compulsory school at3 tendance under the law of the State or outlying 

4 area; 

5 ‘‘(3) does not have a secondary school diploma 

6 or its recognized equivalent; and 

7 ‘‘(4) is not enrolled in secondary school. 

8 ‘‘(e) SPECIAL RULE.— 

9 ‘‘(1) IN GENERAL.—From amounts made avail10 able under subsection (c) for the Republic of Palau, 

11 the Secretary shall award grants to Guam, American 

12 Samoa, the Commonwealth of the Northern Mariana 

13 Islands, or the Republic of Palau to carry out activi14 ties described in this title in accordance with the 

15 provisions of this title as determined by the Sec16 retary. 

17 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith18 standing any other provision of law, the Republic of 

19 Palau shall be eligible to receive a grant under this 

20 title until an agreement for the extension of United 

21 States education assistance under the Compact of 

22 Free Association for the Republic of Palau becomes 

23 effective. 

24 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (c), and subject to paragraphs (2) and (3), for fiscal 

3 year 2013 and each succeeding fiscal year, no eligi4 ble agency shall receive an allotment under this title 

5 that is less than 90 percent of the allotment the eli6 gible agency received for the preceding fiscal year 

7 under this title. 

8 ‘‘(2) EXCEPTION.—An eligible agency that re9 ceives for the preceding fiscal year only an initial al10 lotment under subsection (c)(1) (and no additional 

11 allotment under subsection (c)(2)) shall receive an 

12 allotment equal to 100 percent of the initial allot13 ment. 

14 ‘‘(3) RATABLE REDUCTION.—If for any fiscal 

15 year the amount available for allotment under this 

16 title is insufficient to satisfy the provisions of para17 graph (1), the Secretary shall ratably reduce the 

18 payments to all eligible agencies, as necessary. 

19 ‘‘(g) REALLOTMENT.—The portion of any eligible 

20 agency’s allotment under this title for a fiscal year that 

21 the Secretary determines will not be required for the pe22 riod such allotment is available for carrying out activities 

23 under this title, shall be available for reallotment from 

24 time to time, on such dates during such period as the Sec25 retary shall fix, to other eligible agencies in proportion to 


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1 the original allotments to such agencies under this title 

2 for such year. 

3 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

4 ‘‘Programs and activities authorized under this title 

5 are subject to the performance accountability provisions 

6 described in paragraph (2)(A) and (3) of section 136(b) 

7 and may, at a State’s discretion, include additional indica8 tors identified in the State plan approved under section 

9 224. 

10 ‘‘Subtitle B—STATE PROVISIONS 

11 ‘‘SEC. 221. STATE ADMINISTRATION. 

12 ‘‘Each eligible agency shall be responsible for the fol13 lowing activities under this title: 

14 ‘‘(1) The development, submission, implementa15 tion, and monitoring of the State plan. 

16 ‘‘(2) Consultation with other appropriate agen17 cies, groups, and individuals that are involved in, or 

18 interested in, the development and implementation 

19 of activities assisted under this title. 

20 ‘‘(3) Coordination and avoidance of duplication 

21 with other Federal and State education, training, 

22 corrections, public housing, and social service pro23 grams. 


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1 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE2 QUIREMENT. 

3 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi4 ble agency receiving a grant under this title for a fiscal 

5 year— 

6 ‘‘(1) shall use an amount not less than 82.5 

7 percent of the grant funds to award grants and con8 tracts under section 231 and to carry out section 

9 225, of which not more than 10 percent of such 

10 amount shall be available to carry out section 225; 

11 ‘‘(2) shall use not more than 12.5 percent of 

12 the grant funds to carry out State leadership activi13 ties under section 223; and 

14 ‘‘(3) shall use not more than 5 percent of the 

15 grant funds, or $65,000, whichever is greater, for 

16 the administrative expenses of the eligible agency. 

17 ‘‘(b) MATCHING REQUIREMENT.— 

18 ‘‘(1) IN GENERAL.—In order to receive a grant 

19 from the Secretary under section 211(b), each eligi20 ble agency shall provide, for the costs to be incurred 

21 by the eligible agency in carrying out the adult edu22 cation and family literacy education programs for 

23 which the grant is awarded, a non-Federal contribu24 tion in an amount that is not less than— 

25 ‘‘(A) in the case of an eligible agency serv26 ing an outlying area, 12 percent of the total 


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1 amount of funds expended for adult education 

2 and family literacy education programs in the 

3 outlying area, except that the Secretary may 

4 decrease the amount of funds required under 

5 this subparagraph for an eligible agency; and 

6 ‘‘(B) in the case of an eligible agency serv7 ing a State, 25 percent of the total amount of 

8 funds expended for adult education and family 

9 literacy education programs in the State. 

10 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi11 ble agency’s non-Federal contribution required under 

12 paragraph (1) may be provided in cash or in kind, 

13 fairly evaluated, and shall include only non-Federal 

14 funds that are used for adult education and family 

15 literacy education programs in a manner that is con16 sistent with the purpose of this title. 

17 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

18 ‘‘(a) IN GENERAL.—Each eligible agency may use 

19 funds made available under section 222(a)(2) for any of 

20 the following adult education and family literacy education 

21 programs: 

22 ‘‘(1) The establishment or operation of profes23 sional development programs to improve the quality 

24 of instruction provided pursuant to local activities 

25 required under section 231(b). 


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1 ‘‘(2) The provision of technical assistance to eli2 gible providers of adult education and family literacy 

3 education programs, including for the development 

4 and dissemination of evidence based research in5 structional practices in reading, writing, speaking, 

6 math, and English language acquisition programs. 

7 ‘‘(3) The provision of assistance to eligible pro8 viders in developing, implementing, and reporting 

9 measurable progress in achieving the objectives of 

10 this title. 

11 ‘‘(4) The provision of technology assistance, in12 cluding staff training, to eligible providers of adult 

13 education and family literacy education programs, 

14 including distance education activities, to enable the 

15 eligible providers to improve the quality of such ac16 tivities. 

17 ‘‘(5) The development and implementation of 

18 technology applications or distance education, in19 cluding professional development to support the use 

20 of instructional technology. 

21 ‘‘(6) Coordination with other public programs, 

22 including welfare-to-work, workforce development, 

23 and job training programs. 

24 ‘‘(7) Coordination with existing support serv25 ices, such as transportation, child care, and other 


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1 assistance designed to increase rates of enrollment 

2 in, and successful completion of, adult education and 

3 family literacy education programs, for adults en4 rolled in such activities. 

5 ‘‘(8) The development and implementation of a 

6 system to assist in the transition from adult basic 

7 education to postsecondary education. 

8 ‘‘(9) Activities to promote workplace literacy 

9 programs. 

10 ‘‘(10) Other activities of statewide significance, 

11 including assisting eligible providers in achieving 

12 progress in improving the skill levels of adults who 

13 participate in programs under this title. 

14 ‘‘(11) Integration of literacy, instructional, and 

15 occupational skill training and promotion of linkages 

16 with employees. 

17 ‘‘(b) COORDINATION.—In carrying out this section, 

18 eligible agencies shall coordinate where possible, and avoid 

19 duplicating efforts, in order to maximize the impact of the 

20 activities described in subsection (a). 

21 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

22 State or outlying area implements any rule or policy relat23 ing to the administration or operation of a program au24 thorized under this title that has the effect of imposing 

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1 cluding any rule or policy based on a State or outlying 

2 area interpretation of a Federal statute, regulation, or 

3 guideline), the State or outlying area shall identify, to eli4 gible providers, the rule or policy as being imposed by the 

5 State or outlying area. 

6 ‘‘SEC. 224. STATE PLAN. 

7 ‘‘(a) 3-YEAR PLANS.— 

8 ‘‘(1) IN GENERAL.—Each eligible agency desir9 ing a grant under this title for any fiscal year shall 

10 submit to, or have on file with, the Secretary a 3- 

11 year State plan. 

12 ‘‘(2) STATE UNIFIED PLAN.—The eligible agen13 cy may submit the State plan as part of a State uni14 fied plan described in section 501. 

15 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in16 clude in the State plan or any revisions to the State plan— 

17 ‘‘(1) an objective assessment of the needs of in18 dividuals in the State or outlying area for adult edu19 cation and family literacy education programs, in20 cluding individuals most in need or hardest to serve; 

21 ‘‘(2) a description of the adult education and 

22 family literacy education programs that will be car23 ried out with funds received under this title; 


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1 ‘‘(3) an assurance that the funds received under 

2 this title will not be expended for any purpose other 

3 than for activities under this title; 

4 ‘‘(4) a description of how the eligible agency 

5 will fund local activities in accordance with the 

6 measurable goals described in section 231(d); 

7 ‘‘(5) an assurance that the eligible agency will 

8 expend the funds under this title only in a manner 

9 consistent with fiscal requirements in section 241; 

10 ‘‘(6) a description of the process that will be 

11 used for public participation and comment with re12 spect to the State plan, which process— 

13 ‘‘(A) shall include consultation with the 

14 State workforce investment board, the State 

15 board responsible for administering community 

16 or technical colleges, the Governor, the State 

17 educational agency, the State board or agency 

18 responsible for administering block grants for 

19 temporary assistance to needy families under 

20 title IV of the Social Security Act, the State 

21 council on disabilities, the State vocational re22 habilitation agency, and other State agencies 

23 that promote the improvement of adult edu24 cation and family literacy education programs, 

25 and direct providers of such programs; and 


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1 ‘‘(B) may include consultation with the 

2 State agency on higher education, institutions 

3 responsible for professional development of 

4 adult education and family literacy education 

5 programs instructors, representatives of busi6 ness and industry, refugee assistance programs, 

7 and faith-based organizations; 

8 ‘‘(7) a description of the eligible agency’s strat9 egies for serving populations that include, at a min10 imum— 

11 ‘‘(A) low-income individuals; 

12 ‘‘(B) individuals with disabilities; 

13 ‘‘(C) the unemployed; 

14 ‘‘(D) the underemployed; and 

15 ‘‘(E) individuals with multiple barriers to 

16 educational enhancement, including English 

17 learners; 

18 ‘‘(8) a description of how the adult education 

19 and family literacy education programs that will be 

20 carried out with any funds received under this title 

21 will be integrated with other adult education, career 

22 development, and employment and training activities 

23 in the State or outlying area served by the eligible 

24 agency; 


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1 ‘‘(9) a description of the steps the eligible agen2 cy will take to ensure direct and equitable access, as 

3 required in section 231(c)(1), including— 

4 ‘‘(A) how the State will build the capacity 

5 of community-based and faith-based organiza6 tions to provide adult education and family lit7 eracy education programs; and 

8 ‘‘(B) how the State will increase the par9 ticipation of business and industry in adult edu10 cation and family literacy education programs; 

11 ‘‘(10) an assessment of the adequacy of the sys12 tem of the State or outlying area to ensure teacher 

13 quality and a description of how the State or out14 lying area will use funds received under this subtitle 

15 to improve teacher quality, including evidence-based 

16 professional development to improve instruction; and 

17 ‘‘(11) a description of how the eligible agency 

18 will consult with any State agency responsible for 

19 postsecondary education to develop adult education 

20 that prepares students to enter postsecondary edu21 cation without the need for remediation upon com22 pletion of secondary school equivalency programs. 

23 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

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1 proved State plan, the eligible agency shall submit the re2 visions of the State plan to the Secretary. 

3 ‘‘(d) CONSULTATION.—The eligible agency shall— 

4 ‘‘(1) submit the State plan, and any revisions to 

5 the State plan, to the Governor, the chief State 

6 school officer, or the State officer responsible for ad7 ministering community or technical colleges, or out8 lying area for review and comment; and 

9 ‘‘(2) ensure that any comments regarding the 

10 State plan by the Governor, the chief State school 

11 officer, or the State officer responsible for admin12 istering community or technical colleges, and any re13 vision to the State plan, are submitted to the Sec14 retary. 

15 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

16 ‘‘(1) approve a State plan within 120 days after 

17 receiving the plan unless the Secretary makes a writ18 ten determination within 30 days after receiving the 

19 plan that the plan does not meet the requirements 

20 of this section or is inconsistent with specific provi21 sions of this subtitle; and 

22 ‘‘(2) not finally disapprove of a State plan be23 fore offering the eligible agency the opportunity, 

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1 ceived the written determination described in para2 graph (3), to review the plan and providing technical 

3 assistance in order to assist the eligible agency in 

4 meeting the requirements of this subtitle. 

5 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

6 OTHER INSTITUTIONALIZED INDIVIDUALS. 

7 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

8 available under section 222(a)(1) for a fiscal year, each 

9 eligible agency shall carry out corrections education and 

10 education for other institutionalized individuals. 

11 ‘‘(b) USES OF FUNDS.—The funds described in sub12 section (a) shall be used for the cost of educational pro13 grams for criminal offenders in correctional institutions 

14 and for other institutionalized individuals, including aca15 demic programs for— 

16 ‘‘(1) basic skills education; 

17 ‘‘(2) special education programs as determined 

18 by the eligible agency; 

19 ‘‘(3) reading, writing, speaking, and math pro20 grams; 

21 ‘‘(4) secondary school credit or diploma pro22 grams or their recognized equivalent; 

23 ‘‘(5) integrated education and training; 

24 ‘‘(6) postsecondary correctional education 

25 linked to employment; and 


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1 ‘‘(7) transition to re-entry initiatives and other 

2 post-release services with the goal of reducing recidi3 vism. 

4 ‘‘(c) PRIORITY.—Each eligible agency that is using 

5 assistance provided under this section to carry out a pro6 gram for criminal offenders within a correctional institu7 tion shall give priority to serving individuals who are likely 

8 to leave the correctional institution within 5 years of par9 ticipation in the program. 

10 ‘‘(d) DEFINITIONS.—For purposes of this section: 

11 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

12 ‘correctional institution’ means any— 

13 ‘‘(A) prison; 

14 ‘‘(B) jail; 

15 ‘‘(C) reformatory; 

16 ‘‘(D) work farm; 

17 ‘‘(E) detention center; or 

18 ‘‘(F) halfway house, community-based re19 habilitation center, or any other similar institu20 tion designed for the confinement or rehabilita21 tion of criminal offenders. 

22 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi23 nal offender’ means any individual who is charged 

24 with, or convicted of, any criminal offense. 


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1 ‘‘Subtitle C—LOCAL PROVISIONS 

2 ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO3 VIDERS. 

4 ‘‘(a) GRANTS AND CONTRACTS.—From grant funds 

5 made available under section 222(a)(1), each eligible agen6 cy shall award multi-year grants or contracts, on a com7 petitive basis, to eligible providers within the State or out8 lying area that meet the conditions and requirements of 

9 this title to enable the eligible providers to develop, imple10 ment, and improve adult education and family literacy 

11 education programs within the State. 

12 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 

13 require eligible providers receiving a grant or contract 

14 under subsection (a) to establish or operate— 

15 ‘‘(1) programs that provide adult education and 

16 literacy activities; 

17 ‘‘(2) programs that provide such activities con18 currently with postsecondary education or training 

19 or employment activities; and 

20 ‘‘(3) credit-bearing postsecondary coursework. 

21 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC22 ESS.—Each eligible agency receiving funds under this title 

23 shall ensure that— 


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1 ‘‘(1) all eligible providers have direct and equi2 table access to apply for grants or contracts under 

3 this section; and 

4 ‘‘(2) the same grant or contract announcement 

5 process and application process is used for all eligi6 ble providers in the State or outlying area. 

7 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

8 require eligible providers receiving a grant or contract 

9 under subsection (a) to demonstrate— 

10 ‘‘(1) the eligible provider’s measurable goals for 

11 participant outcomes to be achieved annually on the 

12 core indicators of performance described in section 

13 136(b)(2)(A); 

14 ‘‘(2) the past effectiveness of the eligible pro15 vider in improving the basic academic skills of adults 

16 and, for eligible providers receiving grants in the 

17 prior year, the success of the eligible provider receiv18 ing funding under this title in exceeding its perform19 ance goals in the prior year; 

20 ‘‘(3) the commitment of the eligible provider to 

21 serve individuals in the community who are the most 

22 in need of basic academic skills instruction services, 

23 including individuals who are low-income or have 

24 minimal reading, writing, speaking, and math skills, 

25 or are English learners; 


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1 ‘‘(4) the program is of sufficient intensity and 

2 duration for participants to achieve substantial 

3 learning gains; 

4 ‘‘(5) educational practices are evidence-based; 

5 ‘‘(6) the activities of the eligible provider effec6 tively employ advances in technology, and delivery 

7 systems including distance education; 

8 ‘‘(7) the activities provide instruction in real-life 

9 contexts, including integrated education and training 

10 when appropriate, to ensure that an individual has 

11 the skills needed to compete in the workplace and 

12 exercise the rights and responsibilities of citizenship; 

13 ‘‘(8) the activities are staffed by well-trained in14 structors, counselors, and administrators who meet 

15 minimum qualifications established by the State; 

16 ‘‘(9) the activities are coordinated with other 

17 available resources in the community, such as 

18 through strong links with elementary schools and 

19 secondary schools, postsecondary educational institu20 tions, local workforce investment boards, one-stop 

21 centers, job training programs, community-based 

22 and faith-based organizations, and social service 

23 agencies; 

24 ‘‘(10) the activities offer flexible schedules and 

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1 tation) that are necessary to enable individuals, in2 cluding individuals with disabilities or other special 

3 needs, to attend and complete programs; 

4 ‘‘(11) the activities include a high-quality infor5 mation management system that has the capacity to 

6 report measurable participant outcomes (consistent 

7 with section 136) and to monitor program perform8 ance; 

9 ‘‘(12) the local communities have a dem10 onstrated need for additional English language ac11 quisition programs, and integrated education and 

12 training programs; 

13 ‘‘(13) the capacity of the eligible provider to 

14 produce valid information on performance results, 

15 including enrollments and measurable participant 

16 outcomes; 

17 ‘‘(14) adult education and family literacy edu18 cation programs offer rigorous reading, writing, 

19 speaking, and math content that are evidence based; 

20 and 

21 ‘‘(15) applications of technology, and services to 

22 be provided by the eligible providers, are of sufficient 

23 intensity and duration to increase the amount and 

24 quality of learning and lead to measurable learning 

25 gains within specified time periods. 


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1 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

2 grant funds under this title to serve children participating 

3 in family literacy programs assisted under this part, pro4 vided that other sources of funds available to provide simi5 lar services for such children are used first. 

6 ‘‘SEC. 232. LOCAL APPLICATION. 

7 ‘‘Each eligible provider desiring a grant or contract 

8 under this title shall submit an application to the eligible 

9 agency containing such information and assurances as the 

10 eligible agency may require, including— 

11 ‘‘(1) a description of how funds awarded under 

12 this title will be spent consistent with the require13 ments of this title; 

14 ‘‘(2) a description of any cooperative arrange15 ments the eligible provider has with other agencies, 

16 institutions, or organizations for the delivery of 

17 adult education and family literacy education pro18 grams; and 

19 ‘‘(3) each of the demonstrations required by 

20 section 231(d). 

21 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

23 amount that is made available under this title to an eligi24 ble provider— 


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1 ‘‘(1) at least 95 percent shall be expended for 

2 carrying out adult education and family literacy edu3 cation programs; and 

4 ‘‘(2) the remaining amount shall be used for 

5 planning, administration, personnel and professional 

6 development, development of measurable goals in 

7 reading, writing, speaking, and math, and inter8 agency coordination. 

9 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

10 described in subsection (a) are too restrictive to allow for 

11 adequate planning, administration, personnel develop12 ment, and interagency coordination, the eligible provider 

13 may negotiate with the eligible agency in order to deter14 mine an adequate level of funds to be used for noninstruc15 tional purposes. 

16 ‘‘Subtitle D—GENERAL 

17 PROVISIONS 

18 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

19 ‘‘Funds made available for adult education and fam20 ily literacy education programs under this title shall sup21 plement and not supplant other State or local public funds 

22 expended for adult education and family literacy education 

23 programs. 


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1 ‘‘SEC. 242. NATIONAL ACTIVITIES. 

2 ‘‘The Secretary shall establish and carry out a pro3 gram of national activities that may include the following: 

4 ‘‘(1) Providing technical assistance to eligible 

5 entities, on request, to— 

6 ‘‘(A) improve their fiscal management, re7 search-based instruction, and reporting require8 ments to carry out the requirements of this 

9 title; 

10 ‘‘(B) improve its performance on the core 

11 indicators of performance described in section 

12 136; 

13 ‘‘(C) provide adult education professional 

14 development; and 

15 ‘‘(D) use distance education and improve 

16 the application of technology in the classroom, 

17 including instruction in English language acqui18 sition for English learners. 

19 ‘‘(2) Providing for the conduct of research on 

20 national literacy basic skill acquisition levels among 

21 adults, including the number of adult English learn22 ers functioning at different levels of reading pro23 ficiency. 

24 ‘‘(3) Improving the coordination, efficiency, and 

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1 opment services at the national, State, and local lev2 els. 

3 ‘‘(4) Determining how participation in adult 

4 education, English language acquisition, and family 

5 literacy education programs prepares individuals for 

6 entry into and success in postsecondary education 

7 and employment, and in the case of prison-based 

8 services, the effect on recidivism. 

9 ‘‘(5) Evaluating how different types of pro10 viders, including community and faith-based organi11 zations or private for-profit agencies measurably im12 prove the skills of participants in adult education, 

13 English language acquisition, and family literacy 

14 education programs. 

15 ‘‘(6) Identifying model integrated basic and 

16 workplace skills education programs, including pro17 grams for English learners coordinated literacy and 

18 employment services, and effective strategies for 

19 serving adults with disabilities. 

20 ‘‘(7) Initiating other activities designed to im21 prove the measurable quality and effectiveness of 

22 adult education, English language acquisition, and 

23 family literacy education programs nationwide.’’. 


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1 TITLE III—AMENDMENTS TO 

2 THE WAGNER-PEYSER ACT 

3 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

4 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 

5 amended— 

6 (1) by striking sections 1 through 13; 

7 (2) in section 14 by inserting ‘‘of Labor’’ after 

8 ‘‘Secretary’’; and 

9 (3) by amending section 15 to read as follows: 

10 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

11 SYSTEM. 

12 ‘‘(a) SYSTEM CONTENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

14 accordance with the provisions of this section, shall 

15 oversee the development, maintenance, and contin16 uous improvement of a nationwide workforce and 

17 labor market information system that includes— 

18 ‘‘(A) statistical data from cooperative sta19 tistical survey and projection programs and 

20 data from administrative reporting systems 

21 that, taken together, enumerate, estimate, and 

22 project employment opportunities and condi23 tions at national, State, and local levels in a 

24 timely manner, including statistics on— 


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1 ‘‘(i) employment and unemployment 

2 status of national, State, and local popu3 lations, including self-employed, part-time, 

4 and seasonal workers; 

5 ‘‘(ii) industrial distribution of occupa6 tions, as well as current and projected em7 ployment opportunities, wages, benefits 

8 (where data is available), and skill trends 

9 by occupation and industry, with particular 

10 attention paid to State and local condi11 tions; 

12 ‘‘(iii) the incidence of, industrial and 

13 geographical location of, and number of 

14 workers displaced by, permanent layoffs 

15 and plant closings; and 

16 ‘‘(iv) employment and earnings infor17 mation maintained in a longitudinal man18 ner to be used for research and program 

19 evaluation; 

20 ‘‘(B) information on State and local em21 ployment opportunities, and other appropriate 

22 statistical data related to labor market dynam23 ics, which— 

24 ‘‘(i) shall be current and comprehen25 sive; 


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1 ‘‘(ii) shall meet the needs identified 

2 through the consultations described in sub3 paragraphs (A) and (B) of subsection 

4 (e)(2); and 

5 ‘‘(iii) shall meet the needs for the in6 formation identified in section 121; 

7 ‘‘(C) technical standards (which the Sec8 retary shall publish annually) for data and in9 formation described in subparagraphs (A) and 

10 (B) that, at a minimum, meet the criteria of 

11 chapter 35 of title 44, United States Code; 

12 ‘‘(D) procedures to ensure compatibility 

13 and additivity of the data and information de14 scribed in subparagraphs (A) and (B) from na15 tional, State, and local levels; 

16 ‘‘(E) procedures to support standardization 

17 and aggregation of data from administrative re18 porting systems described in subparagraph (A) 

19 of employment-related programs; 

20 ‘‘(F) analysis of data and information de21 scribed in subparagraphs (A) and (B) for uses 

22 such as— 

23 ‘‘(i) national, State, and local policy24 making; 


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1 ‘‘(ii) implementation of Federal poli2 cies (including allocation formulas); 

3 ‘‘(iii) program planning and evalua4 tion; and 

5 ‘‘(iv) researching labor market dynam6 ics; 

7 ‘‘(G) wide dissemination of such data, in8 formation, and analysis in a user-friendly man9 ner and voluntary technical standards for dis10 semination mechanisms; and 

11 ‘‘(H) programs of— 

12 ‘‘(i) training for effective data dis13 semination; 

14 ‘‘(ii) research and demonstration; and 

15 ‘‘(iii) programs and technical assist16 ance. 

17 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

18 ‘‘(A) IN GENERAL.—No officer or em19 ployee of the Federal Government or agent of 

20 the Federal Government may— 

21 ‘‘(i) use any submission that is fur22 nished for exclusively statistical purposes 

23 under the provisions of this section for any 

24 purpose other than the statistical purposes 

25 for which the submission is furnished; 


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1 ‘‘(ii) disclose to the public any publi2 cation or media transmittal of the data 

3 contained in the submission described in 

4 clause (i) that permits information con5 cerning an individual subject to be reason6 ably inferred by either direct or indirect 

7 means; or 

8 ‘‘(iii) permit anyone other than a 

9 sworn officer, employee, or agent of any 

10 Federal department or agency, or a con11 tractor (including an employee of a con12 tractor) of such department or agency, to 

13 examine an individual submission described 

14 in clause (i), 

15 without the consent of the individual, agency, or 

16 other person who is the subject of the submis17 sion or provides that submission. 

18 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

19 Any submission (including any data derived 

20 from the submission) that is collected and re21 tained by a Federal department or agency, or 

22 an officer, employee, agent, or contractor of 

23 such a department or agency, for exclusively 

24 statistical purposes under this section shall be 

25 immune from the legal process and shall not, 


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1 without the consent of the individual, agency, or 

2 other person who is the subject of the submis3 sion or provides that submission, be admitted 

4 as evidence or used for any purpose in any ac5 tion, suit, or other judicial or administrative 

6 proceeding. 

7 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

8 in this section shall be construed to provide im9 munity from the legal process for such submis10 sion (including any data derived from the sub11 mission) if the submission is in the possession 

12 of any person, agency, or entity other than the 

13 Federal Government or an officer, employee, 

14 agent, or contractor of the Federal Government, 

15 or if the submission is independently collected, 

16 retained, or produced for purposes other than 

17 the purposes of this Act. 

18 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

19 ‘‘(1) IN GENERAL.—The workforce and labor 

20 market information system described in subsection 

21 (a) shall be planned, administered, overseen, and 

22 evaluated through a cooperative governance struc23 ture involving the Federal Government and States. 

24 ‘‘(2) DUTIES.—The Secretary, with respect to 

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1 force and labor market information for the system, 

2 shall carry out the following duties: 

3 ‘‘(A) Assign responsibilities within the De4 partment of Labor for elements of the work5 force and labor market information system de6 scribed in subsection (a) to ensure that all sta7 tistical and administrative data collected is con8 sistent with appropriate Bureau of Labor Sta9 tistics standards and definitions. 

10 ‘‘(B) Actively seek the cooperation of other 

11 Federal agencies to establish and maintain 

12 mechanisms for ensuring complementarity and 

13 nonduplication in the development and oper14 ation of statistical and administrative data col15 lection activities. 

16 ‘‘(C) Eliminate gaps and duplication in 

17 statistical undertakings, with the systemization 

18 of wage surveys as an early priority. 

19 ‘‘(D) In collaboration with the Bureau of 

20 Labor Statistics and States, develop and main21 tain the elements of the workforce and labor 

22 market information system described in sub23 section (a), including the development of con24 sistent procedures and definitions for use by the 

25 States in collecting the data and information 


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1 described in subparagraphs (A) and (B) of sub2 section (a)(1). 

3 ‘‘(E) Establish procedures for the system 

4 to ensure that— 

5 ‘‘(i) such data and information are 

6 timely; 

7 ‘‘(ii) paperwork and reporting for the 

8 system are reduced to a minimum; and 

9 ‘‘(iii) States and localities are fully in10 volved in the development and continuous 

11 improvement of the system at all levels. 

12 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

13 SERVICES.—The Secretary is authorized to assist in the 

14 development of national electronic tools that may be used 

15 to facilitate the delivery of work ready services described 

16 in section 134(c)(2) and to provide workforce information 

17 to individuals through the one-stop delivery systems de18 scribed in section 121 and through other appropriate de19 livery systems. 

20 ‘‘(d) COORDINATION WITH THE STATES.— 

21 ‘‘(1) IN GENERAL.—The Secretary, working 

22 through the Bureau of Labor Statistics and the Em23 ployment and Training Administration, shall regu24 larly consult with representatives of State agencies 

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1 ing strategies for improving the workforce and labor 

2 market information system. 

3 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

4 each year, the Secretary, working through the Bu5 reau of Labor Statistics, shall conduct formal con6 sultations regarding programs carried out by the 

7 Bureau of Labor Statistics with representatives of 

8 each of the Federal regions of the Bureau of Labor 

9 Statistics, elected (pursuant to a process established 

10 by the Secretary) from the State directors affiliated 

11 with State agencies that perform the duties de12 scribed in subsection (e)(2). 

13 ‘‘(e) STATE RESPONSIBILITIES.— 

14 ‘‘(1) IN GENERAL.—In order to receive Federal 

15 financial assistance under this section, the Governor 

16 of a State shall— 

17 ‘‘(A) be responsible for the management of 

18 the portions of the workforce and labor market 

19 information system described in subsection (a) 

20 that comprise a statewide workforce and labor 

21 market information system and for the State’s 

22 participation in the development of the annual 

23 plan; 

24 ‘‘(B) establish a process for the oversight 

25 of such system; 


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1 ‘‘(C) consult with State and local employ2 ers, participants, and local workforce invest3 ment boards about the labor market relevance 

4 of the data to be collected and disseminated 

5 through the statewide workforce and labor mar6 ket information system; 

7 ‘‘(D) consult with State educational agen8 cies and local educational agencies concerning 

9 the provision of employment statistics in order 

10 to meet the needs of secondary school and post11 secondary school students who seek such infor12 mation; 

13 ‘‘(E) collect and disseminate for the sys14 tem, on behalf of the State and localities in the 

15 State, the information and data described in 

16 subparagraphs (A) and (B) of subsection 

17 (a)(1); 

18 ‘‘(F) maintain and continuously improve 

19 the statewide workforce and labor market infor20 mation system in accordance with this section; 

21 ‘‘(G) perform contract and grant respon22 sibilities for data collection, analysis, and dis23 semination for such system; 

24 ‘‘(H) conduct such other data collection, 

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1 sure an effective statewide workforce and labor 

2 market information system; 

3 ‘‘(I) actively seek the participation of other 

4 State and local agencies in data collection, anal5 ysis, and dissemination activities in order to en6 sure complementarity, compatibility, and useful7 ness of data; 

8 ‘‘(J) participate in the development of the 

9 annual plan described in subsection (c); and 

10 ‘‘(K) utilize the quarterly records described 

11 in section 136(f)(2) to assist the State and 

12 other States in measuring State progress on 

13 State performance measures. 

14 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

15 this section shall be construed as limiting the ability 

16 of a Governor to conduct additional data collection, 

17 analysis, and dissemination activities with State 

18 funds or with Federal funds from sources other than 

19 this section. 

20 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

21 functions and activities carried out pursuant to this sec22 tion shall duplicate the functions and activities carried out 

23 under the Carl D. Perkins Career and Technical Edu24 cation Act of 2006 (20 U.S.C. 2301 et seq.). 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $63,473,000 for fiscal year 2013 and each of the 5 suc4 ceeding fiscal years. 

5 ‘‘(h) DEFINITION.—In this section, the term ‘local 

6 area’ means the smallest geographical area for which data 

7 can be produced with statistical reliability.’’. 

8 TITLE IV—REPEALS AND 

9 CONFORMING AMENDMENTS 

10 SEC. 401. REPEALS. 

11 The following provisions are repealed: 

12 (1) Chapter 4 of subtitle B of title I, subtitle 

13 C of title I, and sections 166, 167, 168, 169, 171, 

14 173A, 174, 192, 502, 503, and 506 of the Work15 force Investment Act of 1998. 

16 (2) Title V of the Older Americans Act of 1965. 

17 (3) Sections 1 through 13 of the Wagner18 Peyser Act of 1933. 

19 (4) Section 428 of the H–1B Visa Reform Act 

20 of 2004. 

21 (5) Youth Conservation Corps Act of 1970 (16 

22 U.S.C. 1701 et seq.). 

23 (6) Section 1151 of title 20, United States 

24 Code (Grants to States for workplace and commu25 nity transition training for incarcerated individuals). 


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1 (7) Section 412 of the Immigration and Nation2 ality Act (8 U.S.C. 1522) and section 501(a) of the 

3 Refugee Education Assistance Act of 1980 (94 Stat. 

4 1809; 8 U.S.C. 1522 note). 

5 (8) Section 231 of the Second Chance Act of 

6 2007 (Public Law 110–199). 

7 (9) Chapter 27 of title 29, United States Code 

8 (Women in Apprenticeship and Nontraditional Occu9 pations). 

10 SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRON11 MENTAL RESPONSE, COMPENSATION, AND LI12 ABILITY ACT OF 1980. 

13 Section 104(k)(6) of the Comprehensive Environ14 mental Response, Compensation, and Liability Act of 

15 1980 (42 U.S.C. 9604) is amended by striking ‘‘, train16 ing,’’. 

17 SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT 

18 OF 2008. 

19 (a) DEFINITION.—Section 3(t) of the Food and Nu20 trition Act of 2008 (7 U.S.C. 2012(t)) is amended— 

21 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’, 

22 and 

23 (2) by inserting before the period at the end the 

24 following: 


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1 ‘‘, and (3) when referencing employment and training ac2 tivities under section 6(d)(4), a State board as defined in 

3 section 101 of the Workforce Investment Act of 1998 (29 

4 U.S.C. 2801)’’. 

5 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

6 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

7 (1) in subsection (d)(14) by striking ‘‘section 

8 (d)(4)(I)’’ and inserting ‘‘section (d)(4)(C)’’, and 

9 (2) in subsection (g)(3) by striking ‘‘consti10 tuting adequate participation in an employment and 

11 training program under section 6(d)’’ and inserting 

12 ‘‘allows the individual to participate in employment 

13 and training activities under section 6(d)(4)’’. 

14 (c) ELIGIBILITY DISQUALIFICATIONS.—Section 

15 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 

16 2015(d)(4)) is amended to read as follows: 

17 ‘‘(4) EMPLOYMENT AND TRAINING.— 

18 ‘‘(A) IMPLEMENTATION.—Each State 

19 agency shall provide employment and training 

20 services authorized under section 134 of the 

21 Workforce Investment Act of 1998 (29 U.S.C. 

22 2864) to eligible members of households partici23 pating in the supplemental nutrition assistance 

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1 perience that will increase their ability to obtain 

2 regular employment. 

3 ‘‘(B) STATEWIDE WORKFORCE DEVELOP4 MENT SYSTEM.—Consistent with subparagraph 

5 (A), employment and training services shall be 

6 provided through the statewide workforce devel7 opment system, including the One-Stop delivery 

8 system, authorized by the Workforce Invest9 ment Act of 1998 (29 U.S.C. 2801 et seq.). 

10 ‘‘(C) REIMBURSEMENTS.— 

11 ‘‘(i) ACTUAL COSTS.—The State agen12 cy may provide payments or reimburse13 ment to participants served under this 

14 paragraph for— 

15 ‘‘(I) the actual costs of transpor16 tation and other actual costs (other 

17 than dependent care costs) that are 

18 reasonably necessary and directly re19 lated to the individual participating in 

20 employment and training activities; 

21 and 

22 ‘‘(II) the actual costs of such de23 pendent care expenses that are deter24 mined by the State agency to be nec25 essary for the individual to participate 


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1 in employment and training activities 

2 (other than an individual who is the 

3 caretaker relative of a dependent in a 

4 family receiving benefits under part A 

5 of title IV of the Social Security Act 

6 (42 U.S.C. 601 et seq.) in a local area 

7 where an employment, training, or 

8 education program under title IV of 

9 such Act is in operation), except that 

10 no such payment or reimbursement 

11 shall exceed the applicable local mar12 ket rate. 

13 ‘‘(ii) SERVICE CONTRACTS AND

14 VOUCHERS.—In lieu of providing reim15 bursements or payments for dependent 

16 care expenses under clause (i), a State 

17 agency may, at its option, arrange for de18 pendent care through providers by the use 

19 of purchase of service contracts or vouch20 ers or by providing vouchers to the house21 hold. 

22 ‘‘(iii) VALUE OF REIMBURSEMENTS.— 

23 The value of any dependent care services 

24 provided for or arranged under clause (ii), 


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1 or any amount received as a payment or 

2 reimbursement under clause (i), shall— 

3 ‘‘(I) not be treated as income for 

4 the purposes of any other Federal or 

5 federally assisted program that bases 

6 eligibility for, or the amount of bene7 fits on, need; and 

8 ‘‘(II) not be claimed as an em9 ployment-related expense for the pur10 poses of the credit provided under sec11 tion 21 of the Internal Revenue Code 

12 of 1986 (26 U.S.C. 21).’’. 

13 (d) ADMINISTRATION.—Section 11(e)(19) of the 

14 Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) 

15 is amended to read as follows: 

16 ‘‘(19) the plans of the State agency for providing em17 ployment and training services under section 6(d)(4);’’. 

18 (e) ADMINISTRATIVE COST-SHARING AND QUALITY

19 CONTROL.—Section 16(h) of the Food and Nutrition Act 

20 of 2008 (7 U.S.C. 2025) is amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraph (A) by striking ‘‘carry 

23 out employment and training programs’’ and 

24 inserting ‘‘provide employment and training 


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1 services to eligible households under section 

2 6(d)(4)’’, and 

3 (B) in subparagraph (D) by striking ‘‘op4 erating an employment and training program’’ 

5 and inserting ‘‘providing employment and train6 ing services consistent with section 6(d)(4)’’, 

7 (2) in paragraph (3) by striking ‘‘related to 

8 participation in an employment and training pro9 gram’’ and inserting ‘‘the individual participating in 

10 employment and training activities’’, 

11 (3) in paragraph (4) by striking ‘‘for operating 

12 an employment and training program’’ and inserting 

13 ‘‘to provide employment and training services’’, and 

14 (4) by amending paragraph (5) to read as fol15 lows: 

16 ‘‘(5) MONITORING.—The Secretary, in conjunc17 tion with the Secretary of Labor, shall monitor each 

18 State agency responsible for administering employ19 ment and training services under section 6(d)(4) to 

20 ensure funds are being spent effectively and effi21 ciently. Each program of employment and training 

22 receiving funds under section 6(d)(4) shall be sub23 ject to the requirements of the performance account24 ability system, including having to meet the state 


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1 performance measures included in section 136 of the 

2 Workforce Investment Act (29 U.S.C. 2871).’’. 

3 (f) RESEARCH, DEMONSTRATION, AND EVALUA4 TIONS.—Section 17 of the Food and Nutrition Act of 

5 2008 (7 U.S.C. 2026) is amended— 

6 (1) in subsection (b) by striking paragraph (3), 

7 and 

8 (2) in subsection (g)— 

9 (A) by inserting ‘‘, in conjunction with the 

10 Secretary of Labor,’’ after ‘‘Secretary’’, and 

11 (B) by striking ‘‘programs established’’ 

12 and inserting ‘‘activities provided to eligible 

13 households’’. 

14 (g) MINNESOTA FAMILY INVESTMENT PROJECT.— 

15 Section 22(b)(4) of the Food and Nutrition Act of 2008 

16 (7 U.S.C. 2031(b)(4)) is amended by striking ‘‘equivalent 

17 to those offered under the employment and training pro18 gram’’. 

19 SEC. 404. CONFORMING AMENDMENT TO TABLE OF CON20 TENTS. 

21 The table of contents in section 1(b) is amended to 

22 read as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 


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‘‘Subtitle B—Statewide and Local Workforce Investment Systems 

‘‘Sec. 106. Purpose. 

‘‘CHAPTER 1—STATE PROVISIONS

‘‘Sec. 111. State workforce investment boards. 

‘‘Sec. 112. State plan. 

‘‘CHAPTER 2—LOCAL PROVISIONS

‘‘Sec. 116. Local workforce investment areas. 

‘‘Sec. 117. Local workforce investment boards. 

‘‘Sec. 118. Local plan. 

‘‘CHAPTER 3—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

‘‘Sec. 121. Establishment of one-stop delivery systems. 

‘‘Sec. 122. Identification of eligible providers of training services. 

‘‘Sec. 123. [Repealed]. 

‘‘CHAPTER 4—[REPEALED] 

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES

‘‘Sec. 131. General authorization. 

‘‘Sec. 132. State allotments. 

‘‘Sec. 133. Within State allocations. 

‘‘Sec. 134. Use of funds for employment and training activities. 

‘‘CHAPTER 6—GENERAL PROVISIONS

‘‘Sec. 136. Performance accountability system. 

‘‘Sec. 137. Authorization of appropriations. 

‘‘Subtitle C—[Repealed] 

‘‘Subtitle D—National Programs 

‘‘Sec. 166. [Repealed] 

‘‘Sec. 167. [Repealed] 

‘‘Sec. 168. [Repealed] 

‘‘Sec. 169. [Repealed] 

‘‘Sec. 170. Technical assistance. 

‘‘Sec. 171. [Repealed] 

‘‘Sec. 172. Evaluations. 

‘‘Sec. 173. National emergency grants. 

‘‘Sec. 173A. [Repealed] 

‘‘Sec. 174. [Repealed] 

‘‘Subtitle E—Administration 

‘‘Sec. 181. Requirements and restrictions. 

‘‘Sec. 182. Prompt allocation of funds. 

‘‘Sec. 183. Monitoring. 

‘‘Sec. 184. Fiscal controls; sanctions. 

‘‘Sec. 185. Reports; recordkeeping; investigations. 

‘‘Sec. 186. Administrative adjudication. 

‘‘Sec. 187. Judicial review. 


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‘‘Sec. 188. Nondiscrimination. 

‘‘Sec. 189. Administrative provisions. 

‘‘Sec. 190. References. 

‘‘Sec. 191. State legislative authority. 

‘‘Sec. 192. [Repealed]. 

‘‘Sec. 193. Use of certain real property. 

‘‘Sec. 194. Continuation of State activities and policies. 

‘‘Sec. 195. General program requirements. 

‘‘Subtitle F—Repeals and Conforming Amendments 

‘‘Sec. 199. Repeals. 

‘‘Sec. 199A. Conforming amendments. 

‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

‘‘Sec. 201. Short title. 

‘‘Sec. 202. Purpose. 

‘‘Sec. 203. Definitions. 

‘‘Sec. 204. Home schools. 

‘‘Sec. 205. Authorization of appropriations. 

‘‘Subtitle A—FEDERAL PROVISIONS 

‘‘Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 

‘‘Sec. 212. Performance accountability system. 

‘‘Subtitle B—STATE PROVISIONS 

‘‘Sec. 221. State administration. 

‘‘Sec. 222. State distribution of funds; matching requirement. 

‘‘Sec. 223. State leadership activities. 

‘‘Sec. 224. State plan. 

‘‘Sec. 225. Programs for corrections education and other institutionalized individuals. 

‘‘Subtitle C—LOCAL PROVISIONS 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 

‘‘Subtitle D—GENERAL PROVISIONS 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National activities. 

‘‘TITLE III—WORKFORCE INVESTMENT–RELATED ACTIVITIES 

‘‘Subtitle A—Wagner-Peyser Act 

‘‘Sec. 301. Definitions. 

‘‘Sec. 302. Functions. 

‘‘Sec. 303. Designation of State agencies. 

‘‘Sec. 304. Appropriations. 

‘‘Sec. 305. Disposition of allotted funds. 

‘‘Sec. 306. State plans. 

‘‘Sec. 307. Repeal of Federal advisory council. 


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‘‘Sec. 308. Regulations. 

‘‘Sec. 309. Employment statistics. 

‘‘Sec. 310. Technical amendments. 

‘‘Sec. 311. Effective date. 

‘‘Subtitle B—Linkages With Other Programs 

‘‘Sec. 321. Trade Act of 1974. 

‘‘Sec. 322. Veterans’ employment programs. 

‘‘Sec. 323. Older Americans Act of 1965. 

‘‘Subtitle C—Twenty-First Century Workforce Commission 

‘‘Sec. 331. Short title. 

‘‘Sec. 332. Findings. 

‘‘Sec. 333. Definitions. 

‘‘Sec. 334. Establishment of Twenty-First Century Workforce Commission. 

‘‘Sec. 335. Duties of the Commission. 

‘‘Sec. 336. Powers of the Commission. 

‘‘Sec. 337. Commission personnel matters. 

‘‘Sec. 338. Termination of the Commission. 

‘‘Sec. 339. Authorization of appropriations. 

‘‘Subtitle D—Application of Civil Rights and Labor-Management Laws to the 

Smithsonian Institution 

‘‘Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. 

‘‘TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 

‘‘Sec. 401. Short title. 

‘‘Sec. 402. Title. 

‘‘Sec. 403. General provisions. 

‘‘Sec. 404. Vocational rehabilitation services. 

‘‘Sec. 405. Research and training. 

‘‘Sec. 406. Professional development and special projects and demonstrations. 

‘‘Sec. 407. National Council on Disability. 

‘‘Sec. 408. Rights and advocacy. 

‘‘Sec. 409. Employment opportunities for individuals with disabilities. 

‘‘Sec. 410. Independent living services and centers for independent living. 

‘‘Sec. 411. Repeal. 

‘‘Sec. 412. Helen Keller National Center Act. 

‘‘Sec. 413. President’s Committee on Employment of People With Disabilities. 

‘‘Sec. 414. Conforming amendments. 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘Sec. 501. State unified plan. 

‘‘Sec. 502. [Repealed] 

‘‘Sec. 503. [Repealed] 

‘‘Sec. 504. Privacy. 

‘‘Sec. 505. Buy-American requirements. 

‘‘Sec. 506. [Repealed] 

‘‘Sec. 507. Effective date.’’. 


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1 TITLE V—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 SEC. 501. FINDINGS. 

4 Section 2(a) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 701(a)) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (6), by striking the period and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(7) there is a substantial need to improve and 

12 expand services for students with disabilities under 

13 this Act.’’. 

14 SEC. 502. REHABILITATION SERVICES ADMINISTRATION. 

15 (a) REHABILITATION SERVICES ADMINISTRATION.— 

16 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

17 is amended— 

18 (1) in section 3(a) (29 U.S.C. 702(a))— 

19 (A) by striking ‘‘Office of the Secretary’’ 

20 and inserting ‘‘Department of Education’’; 

21 (B) by striking ‘‘President by and with the 

22 advice and consent of the Senate’’ and inserting 

23 ‘‘Secretary’’; and 

24 (C) by striking ‘‘, and the Commissioner 

25 shall be the principal officer,’’; 


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1 (2) by striking ‘‘Commissioner’’ each place it 

2 appears (except in section 21) and inserting ‘‘Direc3 tor’’; 

4 (3) in the heading for subparagraph (B) of sec5 tion 100(d)(2), by striking ‘‘COMMISSIONER’’ and in6 serting ‘‘DIRECTOR’’; 

7 (4) in the heading for section 706, by striking 

8 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 

9 (5) in the heading for paragraph (3) of section 

10 723(a), by striking ‘‘COMMISSIONER’’ and inserting 

11 ‘‘DIRECTOR’’; and 

12 (6) in section 21 (29 U.S.C. 718)— 

13 (A) in subsection (b)(1)— 

14 (i) by striking ‘‘Commissioner’’ the 

15 first place it appears and inserting ‘‘Direc16 tor of the Rehabilitation Services Adminis17 tration’’; and 

18 (ii) by striking ‘‘(referred to in this 

19 subsection as the ‘Director’)’’; 

20 (B) by striking ‘‘the Commissioner and the 

21 Director’’ each place it appears and inserting 

22 ‘‘both such Directors’’; and 

23 (C) by striking ‘‘The Commissioner and 

24 the Director’’ and inserting ‘‘Both such Direc25 tors’’. 


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1 (b) EFFECTIVE DATE; APPLICATION.—The amend2 ments made by subsection (a) shall— 

3 (1) take effect on the date of the enactment of 

4 this Act; and 

5 (2) apply with respect to the appointments of 

6 Directors of the Rehabilitation Services Administra7 tion made on or after the date of enactment of this 

8 Act, and the Directors so appointed. 

9 SEC. 503. DEFINITIONS. 

10 Section 7 of the Rehabilitation Act of 1973 (29 

11 U.S.C. 705) is amended— 

12 (1) by redesignating paragraphs (35) through 

13 (39) as paragraphs (36) through (40), respectively; 

14 (2) in subparagraph (A)(ii) of paragraph (36) 

15 (as redesignated by paragraph (1)), by striking 

16 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

17 (37)(C)’’; and 

18 (3) by inserting after paragraph (34) the fol19 lowing: 

20 ‘‘(35)(A) The term ‘student with a disability’ 

21 means an individual with a disability who— 

22 ‘‘(i) is not younger than 16 and not 

23 older than 21; 


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1 ‘‘(ii) has been determined to be eligi2 ble under section 102(a) for assistance 

3 under this title; and 

4 ‘‘(iii)(I) is eligible for, and is receiv5 ing, special education under part B of the 

6 Individuals with Disabilities Education Act 

7 (20 U.S.C. 1411 et seq.); or 

8 ‘‘(II) is an individual with a disability, 

9 for purposes of section 504. 

10 ‘‘(B) The term ‘students with disabilities’ 

11 means more than 1 student with a disability.’’. 

12 SEC. 504. STATE PLAN. 

13 Section 101(a) of the Rehabilitation Act of 1973 (29 

14 U.S.C. 721(a)) is amended— 

15 (1) in paragraph (11)— 

16 (A) in subparagraph (D)(i), by inserting 

17 before the semicolon the following: ‘‘, which 

18 may be provided using alternative means of 

19 meeting participation (such as video conferences 

20 and conference calls)’’; and 

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

22 ‘‘(G) COORDINATION WITH ASSISTIVE

23 TECHNOLOGY PROGRAMS.—The State plan shall 

24 include an assurance that the designated State 

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1 rying out duties under the Assistive Technology 

2 Act of 1998 (29 U.S.C. 3001 et seq.) have de3 veloped working relationships and coordinate 

4 their activities.’’; 

5 (2) in paragraph (15)— 

6 (A) in subparagraph (A)— 

7 (i) in clause (i)— 

8 (I) in subclause (II), by striking 

9 ‘‘and’’ at the end; 

10 (II) in subclause (III), by adding 

11 ‘‘and’’ at the end; and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(IV) students with disabilities, 

15 including their need for transition 

16 services;’’; 

17 (ii) by redesignating clauses (ii) and 

18 (iii) as clauses (iii) and (iv), respectively; 

19 and 

20 (iii) by inserting after clause (i) the 

21 following: 

22 ‘‘(ii) include an assessment of the 

23 transition services provided under this Act, 

24 and coordinated with transition services 

25 under the Individuals with Disabilities 


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1 Education Act, as to those services meet2 ing the needs of individuals with disabil3 ities;’’; and 

4 (B) in subparagraph (D)— 

5 (i) by redesignating clauses (iii), (iv), 

6 and (v) as clauses (iv), (v), and (vi), re7 spectively; and 

8 (ii) by inserting after clause (ii) the 

9 following: 

10 ‘‘(iii) the methods to be used to im11 prove and expand vocational rehabilitation 

12 services for students with disabilities, in13 cluding the coordination of services de14 signed to facilitate the transition of such 

15 students from the receipt of educational 

16 services in school to the receipt of voca17 tional rehabilitation services under this 

18 title or to postsecondary education or em19 ployment;’’; 

20 (3) in paragraph (22)— 

21 (A) by striking ‘‘carrying out part B of 

22 title VI, including’’; and 

23 (B) by striking ‘‘that part to supplement 

24 funds made available under part B of’’; 


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1 (4) in paragraph (24)(A), by striking ‘‘part A 

2 of title VI’’ and inserting ‘‘section 109A’’; and 

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

4 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

5 State plan shall describe how the designated State 

6 agency will carry out the provisions of section 109A, 

7 including— 

8 ‘‘(A) the criteria such agency will use to 

9 award grants under such section; and 

10 ‘‘(B) how the activities carried out under 

11 such grants will be coordinated with other serv12 ices provided under this title. 

13 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL14 ITIES.—The State plan shall provide an assurance 

15 satisfactory to the Secretary that the State— 

16 ‘‘(A) has developed and implemented strat17 egies to address the needs identified in the as18 sessment described in paragraph (15), and 

19 achieve the goals and priorities identified by the 

20 State, to improve and expand vocational reha21 bilitation services for students with disabilities 

22 on a statewide basis in accordance with para23 graph (15); and 

24 ‘‘(B) from funds reserved under section 

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1 signed to improve and expand vocational reha2 bilitation services for students with disabilities 

3 that— 

4 ‘‘(i) facilitate the transition of stu5 dents with disabilities from the receipt of 

6 educational services in school, to the re7 ceipt of vocational rehabilitation services 

8 under this title, including, at a minimum, 

9 those services specified in the interagency 

10 agreement required in paragraph (11)(D); 

11 ‘‘(ii) improve the achievement of post12 school goals of students with disabilities, 

13 including improving the achievement 

14 through participation (as appropriate when 

15 career goals are discussed) in meetings re16 garding individualized education programs 

17 developed under section 614 of the Individ18 uals with Disabilities Education Act (20 

19 U.S.C. 1414); 

20 ‘‘(iii) provide career guidance, career 

21 exploration services, job search skills and 

22 strategies, and technical assistance to stu23 dents with disabilities; 

24 ‘‘(iv) support the provision of training 

25 and technical assistance to State and local 


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1 educational agencies and designated State 

2 agency personnel responsible for the plan3 ning and provision of services to students 

4 with disabilities; and 

5 ‘‘(v) support outreach activities to stu6 dents with disabilities who are eligible for, 

7 and need, services under this title.’’. 

8 SEC. 505. SCOPE OF SERVICES. 

9 Section 103 of the Rehabilitation Act of 1973 (29 

10 U.S.C. 723) is amended— 

11 (1) in subsection (a), by striking paragraph 

12 (15) and inserting the following: 

13 ‘‘(15) transition services for students with dis14 abilities, that facilitate the achievement of the em15 ployment outcome identified in the individualized 

16 plan for employment, including services described in 

17 clauses (i) through (iii) of section 101(a)(26)(B);’’; 

18 (2) in subsection (b), by striking paragraph (6) 

19 and inserting the following: 

20 ‘‘(6)(A)(i) Consultation and technical assistance 

21 services to assist State and local educational agen22 cies in planning for the transition of students with 

23 disabilities from school to post-school activities, in24 cluding employment. 


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1 ‘‘(ii) Training and technical assistance de2 scribed in section 101(a)(26)(B)(iv). 

3 ‘‘(B) Services for groups of individuals with dis4 abilities who meet the requirements of clauses (i) 

5 and (iii) of section 7(35)(A), including services de6 scribed in clauses (i), (ii), (iii), and (v) of section 

7 101(a)(26)(B), to assist in the transition from 

8 school to post-school activities.’’; and 

9 (3) in subsection (b) by inserting at the end, 

10 the following: 

11 ‘‘(7) The establishment, development, or im12 provement of assistive technology demonstration, 

13 loan, reutilization, or financing programs in coordi14 nation with activities authorized under the Assistive 

15 Technology Act of 1998 (29 U.S.C. 3001) to pro16 mote access to assistive technology for individuals 

17 with disabilities and employers.’’. 

18 SEC. 506. STANDARDS AND INDICATORS. 

19 Section 106(a) of the Rehabilitation Act of 1973 (29 

20 U.S.C. 726(a)) is amended— 

21 (1) by striking subsection (a) and inserting the 

22 following: 

23 ‘‘(a) STANDARDS AND INDICATORS.—The perform24 ance standards and indicators for the vocational rehabili25 tation program carried out under this title— 


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1 ‘‘(1) shall be subject to paragraphs (2)(A) and 

2 (3) of section 136(b) of the Workforce Investment 

3 Act of 1998; and 

4 ‘‘(2) may, at a State’s discretion, include addi5 tional indicators identified in the State plan sub6 mitted under section 101.’’; and 

7 (2) in subsection (b)(2)(B), by striking clause 

8 (i) and inserting the following: 

9 ‘‘(i) on a biannual basis, review the 

10 program improvement efforts of the State 

11 and, if the State has not improved its per12 formance to acceptable levels, as deter13 mined by the Director, direct the State to 

14 make revisions to the plan to improve per15 formance; and’’. 

16 SEC. 507. COLLABORATION WITH INDUSTRY. 

17 The Rehabilitation Act of 1973 is amended by insert18 ing after section 109 (29 U.S.C. 729) the following: 

19 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

20 ‘‘(a) AUTHORITY.—A State shall use not less than 

21 one-half of one percent of the payment the State receives 

22 under section 111 for a fiscal year to award grants to eligi23 ble entities to create practical job and career readiness and 

24 training programs, and to provide job placements and ca25 reer advancement. 


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1 ‘‘(b) APPLICATION.—To receive a grant under this 

2 section, an eligible entity shall submit an application to 

3 a designated State agency at such time, in such manner, 

4 and containing such information as such agency shall re5 quire. Such application shall include, at a minimum— 

6 ‘‘(1) a plan for evaluating the effectiveness of 

7 the program; 

8 ‘‘(2) a plan for collecting and reporting the 

9 data and information described under subparagraphs 

10 (A) through (C) of section 101(a)(10), as deter11 mined appropriate by the designated State agency; 

12 and 

13 ‘‘(3) a plan for providing for the non-Federal 

14 share of the costs of the program. 

15 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

16 under this section shall use the grant funds to carry out 

17 a program that provides one or more of the following: 

18 ‘‘(1) Job development, job placement, and ca19 reer advancement services for individuals with dis20 abilities. 

21 ‘‘(2) Training in realistic work settings in order 

22 to prepare individuals with disabilities for employ23 ment and career advancement in the competitive 

24 market. 


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1 ‘‘(3) Providing individuals with disabilities with 

2 such support services as may be required in order to 

3 maintain the employment and career advancement 

4 for which the individuals have received training. 

5 ‘‘(d) AWARDS.—Grants under this section shall— 

6 ‘‘(1) be awarded for a period not to exceed 5 

7 years; and 

8 ‘‘(2) be awarded competitively. 

9 ‘‘(e) ELIGIBLE ENTITY DEFINED.—For the purposes 

10 of this section, the term ‘eligible entity’ means a for-profit 

11 business, alone or in partnership with one or more of the 

12 following: 

13 ‘‘(1) Community rehabilitation providers. 

14 ‘‘(2) Indian tribes. 

15 ‘‘(3) Tribal organizations. 

16 ‘‘(f) FEDERAL SHARE.—The Federal share of a pro17 gram under this section shall not exceed 80 percent of the 

18 costs of the program. 

19 ‘‘(g) ELIGIBILITY FOR SERVICES.—An individual 

20 shall be eligible for services provided under a program 

21 under this section if the individual is determined under 

22 section 102(a)(1) to be eligible for assistance under this 

23 title.’’. 


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1 SEC. 508. RESERVATION FOR EXPANDED TRANSITION 

2 SERVICES. 

3 The Rehabilitation Act of 1973 is amended by insert4 ing after section 110 (29 U.S.C. 730) the following: 

5 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

6 SERVICES. 

7 ‘‘Each State shall reserve not less than 10 percent 

8 of the funds allotted to the State under section 110(a) 

9 to carry out programs and activities under sections 

10 101(a)(26)(B) and 103(b)(6).’’. 

11 SEC. 509. CLIENT ASSISTANCE PROGRAM. 

12 Section 112(e)(1) of the Rehabilitation Act of 1973 

13 (29 U.S.C. 732(e)(1)) is amended by redesignating sub14 paragraph (D) as subparagraph (E) and inserting after 

15 subparagraph (C) the following: 

16 ‘‘(D) The Secretary shall make grants to 

17 the protection and advocacy system serving the 

18 American Indian Consortium to provide services 

19 in accordance with this section. The amount of 

20 such grants shall be the same as provided to 

21 territories under this subsection.’’. 

22 SEC. 510. TITLE III REPEALS. 

23 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

24 771 et seq.) is amended— 

25 (1) in section 301(a)— 


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1 (A) in paragraph (2), by inserting ‘‘and’’ 

2 at the end; 

3 (B) by striking paragraphs (3) and (4); 

4 and 

5 (C) by redesignating paragraph (5) as 

6 paragraph (3); 

7 (2) in section 302(g)— 

8 (A) in the heading, by striking ‘‘AND IN9 SERVICE TRAINING’’; and 

10 (B) by striking paragraph (3); 

11 (3) by striking sections 304 and 305; and 

12 (4) by redesignating section 306 as section 304. 

13 SEC. 511. REPEAL OF TITLE VI. 

14 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

15 seq.) is amended by repealing title VI. 

16 SEC. 512. CHAIRPERSON. 

17 Section 705(b)(5) of the Rehabilitation Act of 1973 

18 (29 U.S.C. 796d(b)(5)) is amended to read as follows: 

19 ‘‘(5) CHAIRPERSON.—The Council shall select a 

20 chairperson from among the voting membership of 

21 the Council.’’. 

22 SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS. 

23 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

24 seq.) is further amended— 


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1 (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), 

2 by striking ‘‘such sums as may be necessary for fis3 cal years 1999 through 2003’’ and inserting 

4 ‘‘$3,121,712,000 for fiscal year 2013 and each of 

5 the 5 succeeding fiscal years’’; 

6 (2) in section 110(c) (29 U.S.C. 730(c)), by 

7 amending paragraph (2) to read as follows: 

8 ‘‘(2) The sum referred to in paragraph (1) shall 

9 be, as determined by the Secretary, not less than 1 

10 percent and not more than 1.5 percent of the 

11 amount referred to in paragraph (1) for each of fis12 cal years 2013 through 2018.’’; 

13 (3) in section 112(h) (29 U.S.C. 732(h)) by 

14 striking ‘‘such sums as may be necessary for fiscal 

15 years 1999 through 2003’’ and inserting 

16 ‘‘$12,240,000 for fiscal year 2013 and each of the 

17 5 succeeding fiscal years’’; 

18 (4) by amending subsection (a) of section 201 

19 (29 U.S.C. 761(a)) to read as follows: 

20 ‘‘(a) There are authorized to be appropriated 

21 $108,817,000 for fiscal year 2013 and each of the 5 suc22 ceeding fiscal years to carry out this title.’’; 

23 (5) in section 302(i) (29 U.S.C. 772(i)) by 

24 striking ‘‘such sums as may be necessary for each of 

25 the fiscal years 1999 through 2003’’ and inserting 


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1 ‘‘$35,515,000 for fiscal year 2013 and each of the 

2 5 succeeding fiscal years’’; 

3 (6) in section 303(e) (29 U.S.C. 773(e)) by 

4 striking ‘‘such sums as may be necessary for fiscal 

5 years 1999 through 2003’’ and inserting 

6 ‘‘$5,325,000 for fiscal year 2013 and each of the 5 

7 succeeding fiscal years’’; 

8 (7) in section 405 (29 U.S.C. 785) by striking 

9 ‘‘such sums as may be necessary for each of the fis10 cal years 1999 through 2003’’ and inserting 

11 ‘‘$3,258,000 for fiscal year 2013 and each of the 5 

12 succeeding fiscal years’’; 

13 (8) in section 502(j) (29 U.S.C. 792(j)) by 

14 striking ‘‘such sums as may be necessary for each of 

15 the fiscal years 1999 through 2003’’ and inserting 

16 ‘‘$7,400,000 for fiscal year 2013 and each of the 5 

17 succeeding fiscal years’’; 

18 (9) in section 509(l) (29 U.S.C. 794e(l)) by 

19 striking ‘‘such sums as may be necessary for each of 

20 the fiscal years 1999 through 2003’’ and inserting 

21 ‘‘$18,031,000 for fiscal year 2013 and each of the 

22 5 succeeding fiscal years’’; 

23 (10) in section 714 (29 U.S.C. 796e–3), by 

24 striking ‘‘such sums as may be necessary for each of 

25 the fiscal years 1999 through 2003’’ and inserting 


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1 ‘‘$23,359,000 for fiscal year 2013 and each of the 

2 5 succeeding fiscal years’’; 

3 (11) in section 727 (29 U.S.C. 796f–6), by 

4 striking ‘‘such sums as may be necessary for each of 

5 the fiscal years 1999 through 2003’’ and inserting 

6 ‘‘$79,953,000 for fiscal year 2013 and each of the 

7 5 succeeding fiscal years’’; and 

8 (12) in section 753 (29 U.S.C. 7961), by strik9 ing ‘‘such sums as may be necessary for each of the 

10 fiscal years 1999 through 2003’’ and inserting 

11 ‘‘$34,018,000 for fiscal year 2013 and each of the 

12 5 succeeding fiscal years’’. 

13 SEC. 514. CONFORMING AMENDMENTS. 

14 Section 1(b) of the Rehabilitation Act of 1973 is 

15 amended— 

16 (1) by inserting after the item relating to sec17 tion 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

18 (2) by inserting after the item relating to sec19 tion 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 

20 (3) by striking the item related to section 304 

21 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

22 (4) by striking the items related to sections 305 

23 and 306; and 


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1 (5) by striking the items related to title VI. 

Æ 


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