IB 

Union Calendar No. 513 

112TH CONGRESS 

2D SESSION H. R. 4297 

[Report No. 112–699, Part I] 

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 

DECEMBER 5, 2012 

Reported from the Committee on Education and the Workforce with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 5, 2012 

The Committees on the Judiciary, Agriculture, Energy and Commerce, and 

Transportation and Infrastructure discharged 

DECEMBER 5, 2012 

Referred to the Committee on Veterans’ Affairs for a period ending not later 

than December 14, 2012, for consideration of such provisions of the bill 

and amendment as fall within the jurisdiction of that committee pursuant 

to clause 1(s), rule X 

DECEMBER 14, 2012 

Additional sponsors: Mr. BUCSHON, Mr. ROE of Tennessee, Mr. KLINE, and 

Mr. BARLETTA


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DECEMBER 14, 2012 

The Committee on Veterans’ Affairs discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 29, 2012] 

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. 


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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: 

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 

Subtitle A—Workforce Investment Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

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. 

Subtitle C—Job Corps 

Sec. 116. Job Corps purposes. 

Sec. 117. Job Corps definitions. 

Sec. 118. Individuals eligible for the job corps. 

Sec. 119. Recruitment, screening, selection, and assignment of enrollees. 

Sec. 120. Job Corps Centers. 

Sec. 121. Program activities. 

Sec. 122. Counseling and Job Placement. 

Sec. 123. Support. 

Sec. 124. Operations. 

Sec. 125. Community participation. 


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Sec. 126. Workforce councils. 

Sec. 127. Technical assistance. 

Sec. 128. Special provisions. 

Sec. 129. Performance accountability management. 

Sec. 130. Closure of low-performing job corps centers. 

Sec. 131. Reforms for opening new job corps centers. 

Subtitle D—National Programs 

Sec. 132. Technical assistance. 

Sec. 133. Evaluations. 

Sec. 134. Military transitional assistance. 

Subtitle E—Administration 

Sec. 135. Requirements and restrictions. 

Sec. 136. Prompt allocation of funds. 

Sec. 137. Fiscal controls; Sanctions. 

Sec. 138. Reports to congress. 

Sec. 139. Administrative provisions. 

Sec. 140. State legislative authority. 

Sec. 141. Continuation of State activities and policies. 

Sec. 142. General program requirements. 

Sec. 143. Department Staff. 

Subtitle F—State Unified Plan 

Sec. 144. 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 amendments to the United States Code. 

Sec. 405. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation services administration. 

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. 


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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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the amendment or repeal shall be considered to be made 

6 to a section or other provision of the Workforce Investment 

7 Act of 1998 (29 U.S.C. 9201 et seq.). 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise provided, this Act and the amend10 ments made by this Act shall be effective with respect to 

11 fiscal year 2013 and succeeding fiscal years. 

12 TITLE I—AMENDMENTS TO THE 

13 WORKFORCE INVESTMENT 

14 ACT OF 1998 

15 Subtitle A—Workforce Investment 

16 Definitions 

17 SEC. 101. DEFINITIONS. 

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

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

20 (2) by redesignating paragraphs (1) through (12) 

21 as paragraphs (3) through (14), and paragraphs (14) 

22 through (23) as paragraphs (15) through (24), respec23 tively; 


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

2 (4) by inserting after ‘‘In this title:’’ the fol3 lowing new paragraphs: 

4 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac5 crued expenditures’ means charges incurred by recipi6 ents of funds under this title for a given period re7 quiring the provision of funds for goods or other tan8 gible property received; services performed by employ9 ees, contractors, subgrantees, subcontractors, and other 

10 payees; and other amounts becoming owed under pro11 grams assisted under this title for which no current 

12 services or performance is required, such as annuities, 

13 insurance claims, and other benefit payments. 

14 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘admin15 istrative costs’ means expenditures incurred by State 

16 and local workforce investment boards, direct recipi17 ents (including State grant recipients under subtitle 

18 B and recipients of awards under subtitles C and D), 

19 local grant recipients, local fiscal agents or local 

20 grant subrecipients, and one-stop operators in the 

21 performance of administrative functions and in car22 rying out activities under this title which are not re23 lated to the direct provision of workforce investment 

24 services (including services to participants and emVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 ployers). Such costs include both personnel and non2 personnel and both direct and indirect.’’; 

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

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

5 inserting ‘‘The’’; 

6 (6) by amending paragraph (5) (as so redesig7 nated) to read as follows: 

8 ‘‘(5) AREA CAREER AND TECHNICAL EDUCATION

9 SCHOOL.—The term ‘area career and technical edu10 cation school’ has the meaning given the term in sec11 tion 3(3) of the Carl D. Perkins Career and Technical 

12 Education Act of 2006 (20 U.S.C. 2302(3)).’’; 

13 (7) in paragraph (6) (as so redesignated), by in14 serting ‘‘(or such other level as the Governor may es15 tablish)’’ after ‘‘8th grade level’’; 

16 (8) in paragraph (10)(C) (as so redesignated), by 

17 striking ‘‘not less than 50 percent of the cost of the 

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

19 cost of training, as determined by the local board (or, 

20 in the case of an employer in multiple local areas in 

21 the State, as determined by the Governor), taking into 

22 account the size of the employer and such other factors 

23 as the local board determines to be appropriate’’; 

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


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

2 ‘‘section 134(c)’’ and inserting ‘‘section 121(e)’’; 

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

4 ‘‘intensive services described in section 

5 134(d)(3)’’ and inserting ‘‘work ready services 

6 described in section 134(c)(2)’’; 

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

8 after the semicolon; 

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

10 period and inserting ‘‘; or’’; and 

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

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

13 Armed Forces on active duty for a period of 

14 more than 30 days (as defined in section 

15 101(d)(2) of title 10, United States Code) who 

16 has experienced a loss of employment as a direct 

17 result of relocation to accommodate a permanent 

18 change in duty station of such member; or 

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

20 Armed Forces on active duty who meets the cri21 teria described in paragraph (12)(B).’’; 

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

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

24 and inserting ‘‘or’’; 


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

2 ‘‘(A)(i)’’; and 

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

4 ‘‘(ii) is the dependent spouse of a member of 

5 the Armed Forces on active duty for a period of 

6 more than 30 days (as defined in section 

7 101(d)(2) of title 10, United States Code) whose 

8 family income is significantly reduced because of 

9 a deployment (as defined in section 991(b) of 

10 title 10, United States Code, or pursuant to 

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

12 active duty pursuant to a provision of law re13 ferred to in section 101(a)(13)(B) of title 10, 

14 United States Code, a permanent change of sta15 tion, or the service-connected (as defined in sec16 tion 101(16) of title 38, United States Code) 

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

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

19 inserting ‘‘or regional’’ after ‘‘local’’ each place it ap20 pears; 

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

22 (A) in subparagraph (A), by striking ‘‘sec23 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

24 (B) by striking subparagraph (B), and in25 serting the following: 


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

2 who is identified or awarded a contract as de3 scribed in section 134(c)(2); or’’; and 

4 (C) by striking subparagraph (C); 

5 (13) in paragraph (15) (as so redesignated), by 

6 striking ‘‘adult or dislocated worker’’ and inserting 

7 ‘‘individual’’; 

8 (14) in paragraph (25)— 

9 (A) in subparagraph (B), by striking ‘‘high10 er of—’’ and all that follows through clause (ii) 

11 and inserting ‘‘poverty line for an equivalent pe12 riod;’’; and 

13 (B) by redesignating subparagraphs (D) 

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

15 respectively; and 

16 (C) by inserting after subparagraph (C) the 

17 following: 

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

19 reduced price lunch under the Richard B. Russell 

20 National School Lunch Act (42 U.S.C. 1751 et 

21 seq.);’’; 

22 (15) in paragraph (32), by striking ‘‘the Repub23 lic of the Marshall Islands, the Federated States of 

24 Micronesia,’’; 


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1 (16) by amending paragraph (33) to read as fol2 lows: 

3 ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term ‘out4 of-school youth’ means— 

5 ‘‘(A) an at-risk youth who is a school drop6 out; or 

7 ‘‘(B) an at-risk youth who has received a 

8 secondary school diploma or its recognized equiv9 alent but is basic skills deficient, unemployed, or 

10 underemployed.’’. 

11 (17) in paragraph (38), by striking 

12 ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; 

13 (18) by amending paragraph (49) to read as fol14 lows: 

15 ‘‘(49) 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 (50) to read as fol19 lows: 

20 ‘‘(50) 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 2006 

24 (20 U.S.C. 2302).’’; 


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

2 youth activity’’; and 

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

4 ‘‘(52) AT-RISK YOUTH.—Except as provided in 

5 subtitle C, the term ‘at-risk youth’ means an indi6 vidual who— 

7 ‘‘(A) is not less than age 16 and not more 

8 than age 24; 

9 ‘‘(B) is a low-income individual; and 

10 ‘‘(C) is an individual who is one or more 

11 of the following: 

12 ‘‘(i) a secondary school dropout; 

13 ‘‘(ii) a youth in foster care (including 

14 youth aging out of foster care); 

15 ‘‘(iii) a youth offender; 

16 ‘‘(iv) a youth who is an individual 

17 with a disability; or 

18 ‘‘(v) a migrant youth. 

19 ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.—The 

20 term ‘industry or sector partnership’ means a part21 nership of a State or local board and one or more in22 dustries and other entities that have the capability to 

23 help the State or local board determine the immediate 

24 and long term skilled workforce needs of in-demand 


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1 industries and other occupations important to the 

2 State or local economy, respectively. 

3 ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— 

4 The term ‘industry-recognized credential’ means a 

5 credential that is sought or accepted by companies 

6 within the industry sector involved, across multiple 

7 States, as recognized, preferred, or required for re8 cruitment, screening, or hiring. 

9 ‘‘(55) RECOGNIZED POSTSECONDARY CREDEN10 TIAL.—The term ‘recognized postsecondary credential’ 

11 means a credential awarded by a training provider 

12 or postsecondary educational institution based on 

13 completion of all requirements for a program of 

14 study, including coursework or tests or other perform15 ance evaluations. The term includes an industry-rec16 ognized certificate, a certificate of completion of an 

17 apprenticeship, or an associate or baccalaureate de18 gree.’’. 

19 Subtitle B—Statewide and Local 

20 Workforce Investment Systems 

21 SEC. 102. PURPOSE. 

22 Section 106 (29 U.S.C. 2811) is amended by adding 

23 at the end the following: ‘‘It is also the purpose of this sub24 title to provide workforce investment activities in a manner 

25 that enhances employer engagement, promotes customer 


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1 choices in the selection of training services, and ensures ac2 countability in the use of the taxpayer funds.’’. 

3 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

4 Section 111 (29 U.S.C. 2821) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) by striking subparagraph (B); 

8 (ii) by redesignating subparagraph (C) 

9 as subparagraph (B); and 

10 (iii) in subparagraph (B) (as so redes11 ignated)— 

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

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

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

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

16 read as follows: 

17 ‘‘(II) represent businesses, includ18 ing large and small businesses, with 

19 immediate and long-term employment 

20 opportunities in in-demand industries 

21 and other occupations important to the 

22 State economy; and’’; 

23 (III) by striking clause (iii) and 

24 inserting the following: 


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1 ‘‘(iii) a State agency official respon2 sible for economic development; and’’; 

3 (IV) by striking clauses (iv) 

4 through (vi); 

5 (V) by amending clause (vii) to 

6 read as follows: 

7 ‘‘(vii) such other representatives and 

8 State agency officials as the Governor may 

9 designate, including— 

10 ‘‘(I) members of the State legisla11 ture; 

12 ‘‘(II) representatives of individ13 uals and organizations that have expe14 rience with respect to youth activities; 

15 ‘‘(III) representatives of individ16 uals and organizations that have expe17 rience and expertise in the delivery of 

18 workforce investment activities, includ19 ing chief executive officers of commu20 nity colleges and community-based or21 ganizations within the State; 

22 ‘‘(IV) representatives of the lead 

23 State agency officials with responsi24 bility for the programs and activities 

25 that are described in section 121(b) 


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1 and carried out by one-stop partners; 

2 or 

3 ‘‘(V) representatives of veterans 

4 service organizations; and’’; and 

5 (VI) by redesignating clause (vii) 

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

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

8 follows: 

‘‘(3) MAJORITY.—A 2 9 ⁄3 majority of the members 

10 of the board shall be representatives described in 

11 paragraph (1)(B)(i).’’; 

12 (2) in subsection (c), by striking ‘‘(b)(1)(C)(i)’’ 

13 and inserting ‘‘(b)(1)(B)(i)’’; 

14 (3) by amending subsection (d) to read as fol15 lows: 

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

17 Governor of the State as follows: 

18 ‘‘(1) STATE PLAN.—Consistent with section 112, 

19 develop a State plan. 

20 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

21 SYSTEM.—Review and develop statewide policies and 

22 programs in the State in a manner that supports a 

23 comprehensive Statewide workforce development sys24 tem that will result in meeting the workforce needs of 

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1 clude determining whether the State should consoli2 date additional programs into the Workforce Invest3 ment Fund under section 132(b). 

4 ‘‘(3) WORKFORCE AND LABOR MARKET INFORMA5 TION SYSTEM.—Develop a statewide workforce and 

6 labor market information system described in section 

7 15(e) of the Wagner-Peyser Act, which may include 

8 using existing information conducted by the State 

9 economic development agency or related entity in de10 veloping such system. 

11 ‘‘(4) EMPLOYER ENGAGEMENT.—Develop strate12 gies across local areas that meet the needs of employ13 ers and support economic growth in the State by en14 hancing communication, coordination, and collabora15 tion among employers, economic development entities, 

16 and service providers. 

17 ‘‘(5) DESIGNATION OF LOCAL AREAS.—Designate 

18 local areas as required under section 116. 

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

20 and disseminate information on best practices for ef21 fective operation of one-stop centers, including use of 

22 innovative business outreach, partnerships, and serv23 ice delivery strategies. 

24 ‘‘(7) PROGRAM OVERSIGHT.—Conduct the fol25 lowing program oversight: 


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1 ‘‘(A) Reviewing and approving local plans 

2 under section 118. 

3 ‘‘(B) Ensuring the appropriate use of man4 agement of the funds provided for State employ5 ment and training activities authorized under 

6 section 134. 

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

8 Secretary described in section 136(d). 

9 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS10 URES.—Develop and ensure continuous improvement 

11 of comprehensive State performance measures, includ12 ing State adjusted levels of performance, as described 

13 under section 136(b).’’; 

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

15 subsection (f) as subsection (e); 

16 (5) in subsection (e) (as so redesignated), by in17 serting ‘‘or participate in action taken’’ after ‘‘vote’’; 

18 (6) by inserting after subsection (e) (as so redes19 ignated), the following: 

20 ‘‘(f) STAFF.—The State board may employ staff to as21 sist in carrying out the functions described in subsection 

22 (d).’’; and 

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

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


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1 SEC. 104. STATE PLAN. 

2 Section 112 (29 U.S.C. 2822)— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘127 or’’; and 

5 (B) by striking ‘‘5-year strategy’’ and in6 serting ‘‘3-year strategy’’; 

7 (2) in subsection (b)— 

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

9 follows: 

10 ‘‘(4) information describing— 

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

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

13 workforce needs of in-demand industries, small 

14 businesses, and other occupations important to 

15 the State economy; 

16 ‘‘(C) the knowledge and skills of the work17 force in the State; and 

18 ‘‘(D) workforce development activities (in19 cluding education and training) in the State;’’; 

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

21 follows: 

22 ‘‘(7) a description of the State criteria for deter23 mining the eligibility of training providers in accord24 ance with section 122, including how the State will 

25 take into account the performance of providers and 


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1 whether the training programs relate to occupations 

2 that are in-demand;’’; 

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

4 follows: 

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

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

7 avoid duplication among, the programs and activities 

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

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

10 and reporting processes used for the programs and ac11 tivities described in subparagraph (A), which are car12 ried out by one-stop partners, including— 

13 ‘‘(i) assurances that such processes use 

14 quarterly wage records for performance measures 

15 described in section 136(b)(2)(A) that are appli16 cable to such programs or activities; or 

17 ‘‘(ii) if such wage records are not being used 

18 for the performance measures, an identification 

19 of the barriers to using such wage records and a 

20 description of how the State will address such 

21 barriers within one year of the approval of the 

22 plan;’’; 

23 (D) in paragraph (9), by striking ‘‘, includ24 ing comment by representatives of businesses and 

25 representatives of labor organizations,’’; 


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

2 sections 127 and 132’’ and inserting ‘‘under sec3 tion 132’’; 

4 (F) by striking paragraph (12); 

5 (G) by redesignating paragraphs (13) 

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

7 respectively; 

8 (H) in paragraph (12) (as so redesignated), 

9 by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; 

10 (I) in paragraph (13) (as so redesignated), 

11 by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; 

12 (J) in paragraph (14) (as so redesignated), 

13 by striking ‘‘116(a)(5)’’ and inserting 

14 ‘‘116(a)(4)’’; 

15 (K) in paragraph (16) (as so redesig16 nated)— 

17 (i) in subparagraph (A)— 

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

19 dislocated workers’’; 

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

21 ‘‘134(d)(4)’’ and inserting ‘‘134(c)(4)’’; 

22 (III) by striking ‘‘and’’ at the end 

23 of clause (iii); 

24 (IV) by amending clause (iv) to 

25 read as follows: 


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1 ‘‘(iv) how the State will serve the em2 ployment and training needs of dislocated 

3 workers (including displaced homemakers), 

4 low-income individuals (including recipi5 ents of public assistance such as supple6 mental nutrition assistance program bene7 fits pursuant to the Food and Nutrition Act 

8 of 2008 (7 U.S.C. 2011 et seq.)), long-term 

9 unemployed individuals (including individ10 uals who have exhausted entitlement to 

11 State and Federal unemployment com12 pensation), English learners, homeless indi13 viduals, individuals training for nontradi14 tional employment, youth (including out-of15 school youth and at-risk youth), older work16 ers, ex-offenders, migrant and seasonal 

17 farmworkers, refugee and entrants, veterans 

18 (including disabled and homeless veterans), 

19 and Native Americans; and’’; and 

20 (V) by adding at the end the fol21 lowing new clause: 

22 ‘‘(v) how the State will— 

23 ‘‘(I) consistent with section 188 

24 and Executive Order 13217 (42 U.S.C. 

25 12131 note), serve the employment and 


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1 training needs of individuals with dis2 abilities; and 

3 ‘‘(II) consistent with sections 504 

4 and 508 of the Rehabilitation Act of 

5 1973, include the provision of outreach, 

6 intake, assessments, and service deliv7 ery, the development of performance 

8 measures, the training of staff, and 

9 other aspects of accessibility to pro10 grams and services under this sub11 title;’’; and 

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

13 ‘‘to the extent practicable’’ and inserting 

14 ‘‘in accordance with the requirements of the 

15 Jobs for Veterans Act (Public Law 107–288) 

16 and the amendments made by such Act’’; 

17 and 

18 (L) by striking paragraph (17) (as so redes19 ignated) and inserting the following: 

20 ‘‘(17) a description of the strategies and services 

21 that will be used in the State— 

22 ‘‘(A) to more fully engage employers, in23 cluding small businesses and employers in in-de24 mand industries and occupations important to 

25 the State economy; 


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1 ‘‘(B) to meet the needs of employers in the 

2 State; and 

3 ‘‘(C) to better coordinate workforce develop4 ment programs with economic development; 

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

6 convene (or help to convene) industry or sector part7 nerships that lead to collaborative planning, resource 

8 alignment, and training efforts across multiple firms 

9 for a range of workers employed or potentially em10 ployed by a targeted industry cluster— 

11 ‘‘(A) to encourage industry growth and 

12 competitiveness and to improve worker training, 

13 retention, and advancement in targeted industry 

14 clusters; 

15 ‘‘(B) to address the immediate and long16 term skilled, workforce needs of in-demand in17 dustries and other occupations important to the 

18 State economy, and 

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

20 and across industries; 

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

22 technology to facilitate access to services in remote 

23 areas, which may be used throughout the State; 

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1 operation within the State and across State borders, 

2 as appropriate; 

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

4 taken by the State to foster communication, coordina5 tion, and partnerships with non-profit organizations 

6 (including public libraries, community, faith-based, 

7 and philanthropic organizations) that provide em8 ployment-related, training, and complementary serv9 ices, to enhance the quality and comprehensiveness of 

10 services available to participants under this title; 

11 ‘‘(22) a description of the process and method12 ology for determining— 

13 ‘‘(A) one-stop partner program contribu14 tions for the cost of the infrastructure of one-stop 

15 centers under section 121(h)(1); and 

16 ‘‘(B) the formula for allocating such infra17 structure funds to local areas under section 

18 121(h)(3); 

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

20 that will be used in the State to assist at-risk youth 

21 and out-of-school youth in acquiring the education 

22 and skills, credentials (including recognized postsec23 ondary credentials and industry-recognized creden24 tials), and employment experience to succeed in the 

25 labor market, including— 


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1 ‘‘(A) training and internships in in-de2 mand industries or occupations important to the 

3 State and local economy; 

4 ‘‘(B) dropout recovery activities that are de5 signed to lead to the attainment of a regular sec6 ondary school diploma or its recognized equiva7 lent, or other State recognized equivalent (in8 cluding recognized alternative standards for in9 dividuals with disabilities); and 

10 ‘‘(C) activities combining remediation of 

11 academic skills, work readiness training, and 

12 work experience, and including linkages to post13 secondary education and training and career14 ladder employment; and 

15 ‘‘(24) a description of— 

16 ‘‘(A) how the State will furnish employ17 ment, training, supportive, and placement serv18 ices to veterans, including disabled and homeless 

19 veterans; 

20 ‘‘(B) the strategies and services that will be 

21 used in the State to assist and expedite re22 integration of homeless veterans into the labor 

23 force; and 

24 ‘‘(C) the veteran population to be served in 

25 the State.’’; 


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1 (3) in subsection (c), by striking ‘‘period, that— 

2 ’’ all that follows through paragraph (2) and insert3 ing ‘‘period, that the plan is inconsistent with the 

4 provisions of this title.’’; and 

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

6 inserting ‘‘3-year’’. 

7 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

8 Section 116 (29 U.S.C. 2831) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A)— 

12 (I) by striking ‘‘Except as pro13 vided in subsection (b), and consistent 

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

15 and inserting ‘‘In’’; and 

16 (II) by striking ‘‘127 or’’; and 

17 (ii) by amending subparagraph (B) to 

18 read as follows: 

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

20 designation of local areas, the Governor shall 

21 take into consideration the following: 

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

23 areas are consistent with labor market 

24 areas. 


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

2 areas align with economic development re3 gions. 

4 ‘‘(iii) Whether such local areas have 

5 the appropriate education and training 

6 providers to meet the needs of the local 

7 workforce. 

8 ‘‘(iv) The distance that individuals 

9 will need to travel to receive services pro10 vided in such local areas.’’; 

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

12 follows: 

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

14 shall, if requested by the Governor of a State, provide 

15 the State with technical assistance in making the de16 terminations required under paragraph (1). The Sec17 retary shall not issue regulations governing deter18 minations to be made under paragraph (1).’’; 

19 (C) by striking paragraph (3) and inserting 

20 the following: 

21 ‘‘(3) DESIGNATION ON RECOMMENDATION OF

22 STATE BOARD.—The Governor may approve a request 

23 from any unit of general local government (including 

24 a combination of such units) for designation as a 

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1 termines, taking into account the factors described in 

2 clauses (i) through (iv) of paragraph (1)(B), and rec3 ommends to the Governor, that such area shall be so 

4 designated.’’; 

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

6 (E) by redesignating paragraph (5) as 

7 paragraph (4); 

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

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

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

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

13 (3) in subsection (c)— 

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

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

16 boards for the designated region to prepare a 

17 single regional plan that incorporates the ele18 ments of the local plan under section 118 and 

19 that is submitted and approved in lieu of sepa20 rate local plans under such section.’’; and 

21 (B) in paragraph (2), by striking ‘‘employ22 ment statistics’’ and inserting ‘‘workforce and 

23 labor market information’’. 

24 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

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


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1 (1) in subsection (b)— 

2 (A) in paragraph (2)— 

3 (i) in subparagraph (A)— 

4 (I) by striking ‘‘include—’’ and 

5 all that follows through ‘‘representa6 tives’’ and inserting ‘‘include rep7 resentatives’’; 

8 (II) by striking clauses (ii) 

9 through (vi); 

10 (III) by redesignating subclauses 

11 (I) through (III) as clauses (i) through 

12 (iii), respectively (and by moving the 

13 margins of such clauses 2 ems to the 

14 left); 

15 (IV) by striking clause (ii) (as so 

16 redesignated) and inserting the fol17 lowing: 

18 ‘‘(ii) represent businesses, including 

19 large and small businesses, with immediate 

20 and long-term employment opportunities in 

21 in-demand industries and other occupations 

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

23 (V) by striking the semicolon at 

24 the end of clause (iii) (as so redesig25 nated) and inserting ‘‘; and’’; and 


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1 (ii) by amending subparagraph (B) to 

2 read as follows: 

3 ‘‘(B) may include such other individuals or 

4 representatives of entities as the chief elected offi5 cial in the local area may determine to be appro6 priate, including— 

7 ‘‘(i) a superintendent of the local sec8 ondary school system or the president or 

9 chief executive officer of a postsecondary 

10 educational institution (including a com11 munity college, where such an entity exists); 

12 ‘‘(ii) representatives of community13 based organizations (including organiza14 tions representing individuals with disabil15 ities and veterans, for a local area in which 

16 such organizations are present); or 

17 ‘‘(iii) representatives of veterans serv18 ice organizations.’’; 

19 (B) in paragraph (4)— 

20 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 21 ⁄3 majority’’; and 

22 (ii) by striking ‘‘(2)(A)(i)’’ and insert23 ing ‘‘(2)(A)’’; and 

24 (C) in paragraph (5) by striking 

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


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1 (2) by striking subsection (c)(1)(C); 

2 (3) by amending subsection (d) to read as fol3 lows: 

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

5 the local board shall include the following: 

6 ‘‘(1) LOCAL PLAN.—Consistent with section 118, 

7 each local board, in partnership with the chief elected 

8 official for the local area involved, shall develop and 

9 submit a local plan to the Governor. 

10 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

11 LABOR MARKET ANALYSIS.— 

12 ‘‘(A) IN GENERAL.—The local board shall— 

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

14 analysis of— 

15 ‘‘(I) the economic conditions in 

16 the local area; 

17 ‘‘(II) the immediate and long18 term skilled workforce needs of in-de19 mand industries and other occupations 

20 important to the local economy; 

21 ‘‘(III) the knowledge and skills of 

22 the workforce in the local area; and 

23 ‘‘(IV) workforce development ac24 tivities (including education and 

25 training) in the local area; and 


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1 ‘‘(ii) assist the Governor in developing 

2 the statewide workforce and labor market 

3 information system described in section 

4 15(e) of the Wagner-Peyser Act. 

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

6 may use existing analysis by the local economic 

7 development agency or related entity in order to 

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

9 ‘‘(3) EMPLOYER ENGAGEMENT.—The local Board 

10 shall meet the needs of employers and support eco11 nomic growth in the local area by enhancing commu12 nication, coordination, and collaboration among em13 ployers, economic development agencies, and service 

14 providers. 

15 ‘‘(4) BUDGET AND ADMINISTRATION.— 

16 ‘‘(A) BUDGET.— 

17 ‘‘(i) IN GENERAL.—The local board 

18 shall develop a budget for the activities of 

19 the local board in the local area, consistent 

20 with the requirements of this subsection. 

21 ‘‘(ii) TRAINING RESERVATION.—In de22 veloping a budget under clause (i), the local 

23 board shall reserve a percentage of funds to 

24 carry out the activities specified in section 

25 134(c)(4). The local board shall use the 


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1 analysis conducted under paragraph 

2 (2)(A)(i) to determine the appropriate per3 centage of funds to reserve under this clause. 

4 ‘‘(B) ADMINISTRATION.— 

5 ‘‘(i) GRANT RECIPIENT.— 

6 ‘‘(I) IN GENERAL.—The chief 

7 elected official in a local area shall 

8 serve as the local grant recipient for, 

9 and shall be liable for any misuse of, 

10 the grant funds allocated to the local 

11 area under section 133, unless the chief 

12 elected official reaches an agreement 

13 with the Governor for the Governor to 

14 act as the local grant recipient and 

15 bear such liability. 

16 ‘‘(II) DESIGNATION.—In order to 

17 assist in administration of the grant 

18 funds, the chief elected official or the 

19 Governor, where the Governor serves as 

20 the local grant recipient for a local 

21 area, may designate an entity to serve 

22 as a local grant subrecipient for such 

23 funds or as a local fiscal agent. Such 

24 designation shall not relieve the chief 

25 elected official or the Governor of the 


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1 liability for any misuse of grant funds 

2 as described in subclause (I). 

3 ‘‘(III) DISBURSAL.—The local 

4 grant recipient or an entity designated 

5 under subclause (II) shall disburse the 

6 grant funds for workforce investment 

7 activities at the direction of the local 

8 board, pursuant to the requirements of 

9 this title. The local grant recipient or 

10 entity designated under subclause (II) 

11 shall disburse the funds immediately 

12 on receiving such direction from the 

13 local board. 

14 ‘‘(ii) STAFF.—The local board may 

15 employ staff to assist in carrying out the 

16 functions described in this subsection. 

17 ‘‘(iii) GRANTS AND DONATIONS.—The 

18 local board may solicit and accept grants 

19 and donations from sources other than Fed20 eral funds made available under this Act. 

21 ‘‘(5) SELECTION OF OPERATORS AND PRO22 VIDERS.— 

23 ‘‘(A) SELECTION OF ONE-STOP OPERA24 TORS.—Consistent with section 121(d), the local 


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1 board, with the agreement of the chief elected of2 ficial— 

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

4 operators as described in section 

5 121(d)(2)(A); and 

6 ‘‘(ii) may terminate for cause the eligi7 bility of such operators. 

8 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN9 ING SERVICE PROVIDERS.—Consistent with this 

10 subtitle, the local board shall identify eligible 

11 providers of training services described in section 

12 134(c)(4), in the local area. 

13 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO14 VIDERS OF WORK READY SERVICES.—If the one15 stop operator does not provide the services de16 scribed in section 134(c)(2) in the local area, the 

17 local board shall identify eligible providers of 

18 such services in the local area by awarding con19 tracts. 

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

21 partnership with the chief elected official, shall be re22 sponsible for— 

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1 ment and training activities authorized under 

2 section 134(b); and 

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

4 delivery system in the local area authorized 

5 under section 121. 

6 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

7 MEASURES.—The local board, the chief elected official, 

8 and the Governor shall negotiate and reach agreement 

9 on local performance measures as described in section 

10 136(c). 

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

12 board shall develop strategies for technology improve13 ments to facilitate access to services authorized under 

14 this subtitle and carried out in the local area, includ15 ing in remote areas.’’; 

16 (4) in subsection (e)— 

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

18 after ‘‘regular basis through’’; and 

19 (B) by striking ‘‘and the award of grants or 

20 contracts to eligible providers of youth activi21 ties,’’; 

22 (5) in subsection (f)— 

23 (A) in paragraph (1)(A), by striking ‘‘sec24 tion 134(d)(4)’’ and inserting ‘‘section 

25 134(c)(4)’’; and 


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1 (B) by striking paragraph (2) and inserting 

2 the following: 

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

4 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

5 board may provide work ready services described in 

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

7 described in section 121 or be designated or certified 

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

9 chief elected official and the Governor.’’; 

10 (6) in subsection (g)(1), by inserting ‘‘or partici11 pate in action taken’’ after ‘‘vote’’; and 

12 (7) by striking subsections (h) and (i). 

13 SEC. 107. LOCAL PLAN. 

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

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

16 inserting ‘‘3-year’’; 

17 (2) by amending subsection (b) to read as fol18 lows: 

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

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

21 area’s economic and workforce conditions conducted 

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

23 the local board will use such analysis to carry out the 

24 activities under this subtitle; 


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1 ‘‘(2) a description of the one-stop delivery system 

2 in the local area, including— 

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

4 will ensure— 

5 ‘‘(i) the continuous improvement of eli6 gible providers of services through the sys7 tem; and 

8 ‘‘(ii) that such providers meet the em9 ployment needs of local businesses and par10 ticipants; and 

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

12 will facilitate access to services provided through 

13 the one-stop delivery system consistent with sec14 tion 117(d)(8); 

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

16 that will be used in the local area— 

17 ‘‘(A) to more fully engage employers, in18 cluding small businesses and employers in in-de19 mand industries and occupations important to 

20 the local economy; 

21 ‘‘(B) to meet the needs of employers in the 

22 local area; 

23 ‘‘(C) to better coordinate workforce develop24 ment programs with economic development; and 


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1 ‘‘(D) to better coordinate workforce develop2 ment programs with employment, training, and 

3 literacy services carried out by nonprofit organi4 zations, including libraries, as appropriate; 

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

6 convene (or help to convene) industry or sector part7 nerships that lead to collaborative planning, resource 

8 alignment, and training efforts across multiple firms 

9 for a range of workers employed or potentially em10 ployed by a targeted industry cluster— 

11 ‘‘(A) to encourage industry growth and 

12 competitiveness and to improve worker training, 

13 retention, and advancement in targeted industry 

14 clusters; 

15 ‘‘(B) to address the immediate and long16 term skilled workforce needs of in-demand indus17 tries, small businesses, and other occupations im18 portant to the State economy; and 

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

20 and across industries; 

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

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

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

24 ‘‘(6) a description of how the local board will co25 ordinate workforce investment activities carried out 


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1 in the local area with statewide activities, as appro2 priate; 

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

4 ‘‘(A) coordinate activities with the local 

5 area’s disability community and with services 

6 provided under section 614(d)(1)(A)(i)(VIII) of 

7 the Individuals with Disabilities Education Act 

8 (20 U.S.C. 1414(d)(1)(A)(i)(VIII)) by local edu9 cational agencies serving such local area to make 

10 available comprehensive, high-quality services to 

11 individuals with disabilities; 

12 ‘‘(B) consistent with section 188 and Execu13 tive Order 13217 (42 U.S.C. 12131 note), serve 

14 the employment and training needs of individ15 uals with disabilities; and 

16 ‘‘(C) consistent with sections 504 and 508 of 

17 the Rehabilitation Act of 1973, include the provi18 sion of outreach, intake, assessments, and service 

19 delivery, the development of performance meas20 ures, the training of staff, and other aspects of 

21 accessibility to programs and services under this 

22 subtitle; 

23 ‘‘(8) a description of the local levels of perform24 ance negotiated with the Governor and chief elected 

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


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

2 local area; and 

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

4 performance of the local fiscal agent (where ap5 propriate), eligible providers, and the one-stop 

6 delivery system, in the local area; 

7 ‘‘(9) a description of the process used by the local 

8 board, consistent with subsection (c), to provide an 

9 opportunity for public comment prior to submission 

10 of the plan; 

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

12 serve the employment and training needs of dislocated 

13 workers (including displaced homemakers), low-in14 come individuals (including recipients of public as15 sistance such as the Supplemental Nutrition Assist16 ance Program), long-term unemployed individuals 

17 (including individuals who have exhausted entitle18 ment to State and Federal unemployment compensa19 tion), English learners, homeless individuals, individ20 uals training for nontraditional employment, youth 

21 (including out-of-school youth and at-risk youth), 

22 older workers, ex-offenders, migrant and seasonal 

23 farmworkers, refugee and entrants, veterans (includ24 ing disabled veterans and homeless veterans), and Na25 tive Americans; 


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

2 for the disbursal of grant funds described in subclause 

3 (III) of section 117(d)(4)(B)(i), as determined by the 

4 chief elected official or the Governor under such sec5 tion; 

6 ‘‘(12) a description of the strategies and services 

7 that will be used in the local area to assist at-risk 

8 youth and out-of-school youth in acquiring the edu9 cation and skills, credentials (including recognized 

10 postsecondary credentials and industry-recognized 

11 credentials), and employment experience to succeed in 

12 the labor market, including— 

13 ‘‘(A) training and internships in in-de14 mand industries or occupations important to the 

15 State and local economy; 

16 ‘‘(B) dropout recovery activities that are de17 signed to lead to the attainment of a regular sec18 ondary school diploma or its recognized equiva19 lent, or other State recognized equivalent (in20 cluding recognized alternative standards for in21 dividuals with disabilities); and 

22 ‘‘(C) activities combining remediation of 

23 academic skills, work readiness training, and 

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1 secondary education and training and career2 ladder employment; 

3 ‘‘(13) a description of— 

4 ‘‘(A) how the local area will furnish em5 ployment, training, supportive, and placement 

6 services to veterans, including disabled and 

7 homeless veterans; 

8 ‘‘(B) the strategies and services that will be 

9 used in the local area to assist and expedite re10 integration of homeless veterans into the labor 

11 force; and 

12 ‘‘(C) the veteran population to be served in 

13 the local area; 

14 ‘‘(14) a description of— 

15 ‘‘(A) the duties assigned to the veteran em16 ployment specialist consistent with the require17 ments of section 134(f); 

18 ‘‘(B) the manner in which the veteran em19 ployment specialist is integrated into the One20 Stop Career System described in section 121; 

21 ‘‘(C) the date on which the veteran employ22 ment specialist was assigned; and 

23 ‘‘(D) whether the veteran employment spe24 cialist has satisfactorily competed such training 


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1 by the National Veterans’ Employment and 

2 Training Services Institute; and 

3 ‘‘(15) such other information as the Governor 

4 may require.’’; 

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

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

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

8 representatives of business and representatives of 

9 labor organizations,’’. 

10 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS11 TEM. 

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

13 (1) in subsection (b)— 

14 (A) by striking subparagraph (A) of para15 graph (1) and inserting the following: 

16 ‘‘(A) ROLES AND RESPONSIBILITIES OF

17 ONE-STOP PARTNERS.—Each entity that carries 

18 out a program or activities described in subpara19 graph (B) shall— 

20 ‘‘(i) provide access through the one-stop 

21 delivery system to the programs and activi22 ties carried out by the entity, including 

23 making the work ready services described in 

24 section 134(c)(2) that are applicable to the 

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1 stop centers (in addition to any other ap2 propriate locations); 

3 ‘‘(ii) use a portion of the funds avail4 able to the program of the entity to main5 tain the one-stop delivery system, including 

6 payment of the infrastructure costs of one7 stop centers in accordance with subsection 

8 (h); 

9 ‘‘(iii) enter into a local memorandum 

10 of understanding with the local board relat11 ing to the operation of the one-stop delivery 

12 system that meets the requirements of sub13 section (c); and 

14 ‘‘(iv) participate in the operation of 

15 the one-stop delivery system consistent with 

16 the terms of the memorandum of under17 standing, the requirements of this title, and 

18 the requirements of the Federal laws author19 izing the programs carried out by the enti20 ty.’’; 

21 (B) in paragraph (1)(B)— 

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

23 (ii) by redesignating clauses (vii) 

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

25 respectively; and 


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1 (C) in paragraph (2)— 

2 (i) in subparagraph (A)(i), by striking 

3 ‘‘section 134(d)(2)’’ and inserting ‘‘section 

4 134(c)(2)’’; and 

5 (ii) in subparagraph (B)— 

6 (I) by striking clauses (ii) and 

7 (v); 

8 (II) in clause (iv), by striking 

9 ‘‘and’’ at the end; 

10 (III) by redesignating clauses (iii) 

11 and (iv) as clauses (ii) and (iii), re12 spectively; and 

13 (IV) by adding at the end the fol14 lowing: 

15 ‘‘(iv) employment and training pro16 grams administered by the Commissioner of 

17 the Social Security Administration; 

18 ‘‘(v) employment and training pro19 grams carried out by the Administrator of 

20 the Small Business Administration; 

21 ‘‘(vi) employment, training, and lit22 eracy services carried out by public librar23 ies; and 


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1 ‘‘(vii) other appropriate Federal, State, 

2 or local programs, including programs in 

3 the private sector.’’; 

4 (2) in subsection (c)(2), by amending subpara5 graph (A) to read as follows: 

6 ‘‘(A) provisions describing— 

7 ‘‘(i) the services to be provided through 

8 the one-stop delivery system consistent with 

9 the requirements of this section, including 

10 the manner in which the services will be co11 ordinated through such system; 

12 ‘‘(ii) how the costs of such services and 

13 the operating costs of such system will be 

14 funded, through cash and in-kind contribu15 tions, to provide a stable and equitable 

16 funding stream for ongoing one-stop system 

17 operations, including the funding of the in18 frastructure costs of one-stop centers in ac19 cordance with subsection (h); 

20 ‘‘(iii) methods of referral of individuals 

21 between the one-stop operator and the one22 stop partners for appropriate services and 

23 activities, including referrals for nontradi24 tional employment; and 


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1 ‘‘(iv) the duration of the memorandum 

2 of understanding and the procedures for 

3 amending the memorandum during the 

4 term of the memorandum, and assurances 

5 that such memorandum shall be reviewed 

6 not less than once every 2-year period to en7 sure appropriate funding and delivery of 

8 services; and’’; 

9 (3) in subsection (d)— 

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

11 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

12 and inserting ‘‘LOCAL DESIGNATION AND CER13 TIFICATION’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘section 134(c)’’ and in16 serting ‘‘subsection (e)’’; 

17 (ii) by amending subparagraph (A) to 

18 read as follows: 

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

20 one-stop operator through a competitive process; 

21 and’’; and 

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

23 clause (ii) and redesignating clauses (iii) 

24 through (vi) as clauses (ii) through (v), re25 spectively; and 


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1 (C) in paragraph (3), by striking ‘‘voca2 tional’’ and inserting ‘‘career and technical’’; 

3 (4) by amending subsection (e) to read as fol4 lows: 

5 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS6 TEM.— 

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

8 a State that receives an allotment under section 

9 132(b) a one-stop delivery system, which shall— 

10 ‘‘(A) provide the work ready services de11 scribed in section 134(c)(2); 

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

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

14 as the point of access to career enhancement ac15 counts for training services to participants in 

16 accordance with paragraph (4)(G) of such sec17 tion; 

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

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

20 ‘‘(D) provide access to programs and activi21 ties carried out by one-stop partners that are de22 scribed in subsection (b) of this section; and 

23 ‘‘(E) provide access to the information de24 scribed in section 15(e) of the Wagner-Peyser Act 

25 (29 U.S.C. 49l–2(e)). 


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

2 one-stop delivery system— 

3 ‘‘(A) shall make each of the programs, serv4 ices, and activities described in paragraph (1) 

5 accessible at not less than one physical center in 

6 each local area of the State; and 

7 ‘‘(B) may also make programs, services, and 

8 activities described in paragraph (1) available— 

9 ‘‘(i) through a network of affiliated 

10 sites that can provide one or more of the 

11 programs, services, and activities to indi12 viduals; and 

13 ‘‘(ii) through a network of eligible one14 stop partners— 

15 ‘‘(I) in which each partner pro16 vides one or more of the programs, 

17 services, and activities to such individ18 uals and is accessible at an affiliated 

19 site that consists of a physical location 

20 or an electronically- or technologically21 linked access point; and 

22 ‘‘(II) that assures individuals that 

23 information on the availability of the 

24 work ready services will be available 

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1 tially enter the statewide workforce in2 vestment system, including informa3 tion made available through an access 

4 point described in subclause (I). 

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

6 sites described in paragraph (2) may have a speciali7 zation in addressing special needs.’’; and 

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

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

10 ‘‘(1) IN GENERAL.— 

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

12 establish objective procedures and criteria for pe13 riodically certifying one-stop centers for the pur14 pose of awarding the one-stop infrastructure 

15 funding described in subsection (h). 

16 ‘‘(B) CRITERIA.—The criteria for certifi17 cation under this subsection shall include— 

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

19 performance for each of the core indicators 

20 of performance as outlined in the State plan 

21 under section 112; 

22 ‘‘(ii) meeting minimum standards re23 lating to the scope and degree of service in24 tegration achieved by the centers involving 


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1 the programs provided by the one-stop part2 ners; and 

3 ‘‘(iii) meeting minimum standards re4 lating to how the centers ensure that eligible 

5 providers meet the employment needs of 

6 local employers and participants. 

7 ‘‘(C) EFFECT OF CERTIFICATION.—One-stop 

8 centers certified under this subsection shall be el9 igible to receive the infrastructure grants author10 ized under subsection (h). 

11 ‘‘(2) LOCAL BOARDS.—Consistent with the cri12 teria developed by the State, the local board may de13 velop additional criteria of higher standards to re14 spond to local labor market and demographic condi15 tions and trends. 

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

17 ‘‘(1) PARTNER CONTRIBUTIONS.— 

18 ‘‘(A) PROVISION OF FUNDS.—Notwith19 standing any other provision of law, as deter20 mined under subparagraph (B), a portion of the 

21 Federal funds provided to the State and areas 

22 within the State under the Federal laws author23 izing the one-stop partner programs described in 

24 subsection (b)(1)(B) and participating addi25 tional partner programs described in (b)(2)(B) 


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1 for a fiscal year shall be provided to the Gov2 ernor by such programs to carry out this sub3 section. 

4 ‘‘(B) DETERMINATION OF GOVERNOR.— 

5 ‘‘(i) IN GENERAL.—Subject to subpara6 graph (C), the Governor, in consultation 

7 with the State board, shall determine the 

8 portion of funds to be provided under sub9 paragraph (A) by each one-stop partner 

10 and in making such determination shall 

11 consider the proportionate use of the one12 stop centers by each partner, the costs of ad13 ministration for purposes not related to 

14 one-stop centers for each partner, and other 

15 relevant factors described in paragraph (3). 

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

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

19 authority of the Governor in an entity or 

20 official with respect to the funds provided 

21 for adult education and literacy activities 

22 authorized under title II of this Act and for 

23 postsecondary career education activities 

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1 termination described in clause (i) with re2 spect to such programs shall be made by the 

3 Governor with the appropriate entity or of4 ficial with such independent policy-making 

5 authority. 

6 ‘‘(iii) APPEAL BY ONE-STOP PART7 NERS.—The Governor shall establish a pro8 cedure for the one-stop partner admin9 istering a program described in subsection 

10 (b) to appeal a determination regarding the 

11 portion of funds to be contributed under 

12 this paragraph on the basis that such deter13 mination is inconsistent with the criteria 

14 described in the State plan or with the re15 quirements of this paragraph. Such proce16 dure shall ensure prompt resolution of the 

17 appeal. 

18 ‘‘(C) LIMITATIONS.— 

19 ‘‘(i) PROVISION FROM ADMINISTRATIVE

20 FUNDS.—The funds provided under this 

21 paragraph by each one-stop partner shall be 

22 provided only from funds available for the 

23 costs of administration under the program 

24 administered by such partner, and shall be 

25 subject to the limitations with respect to the 


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1 portion of funds under such programs that 

2 may be used for administration. 

3 ‘‘(ii) FEDERAL DIRECT SPENDING PRO4 GRAMS.—Programs that are Federal direct 

5 spending under section 250(c)(8) of the Bal6 anced Budget and Emergency Deficit Con7 trol Act of 1985 (2 U.S.C. 900(c)(8)) shall 

8 not, for purposes of this paragraph, be re9 quired to provide an amount in excess of 

10 the amount determined to be equivalent to 

11 the proportionate use of the one-stop centers 

12 by such programs in the State. 

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

14 funds provided under paragraph (1), the Governor 

15 shall allocate funds to local areas in accordance with 

16 the formula established under paragraph (3) for the 

17 purposes of assisting in paying the costs of the infra18 structure of one-stop centers certified under subsection 

19 (g). 

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

21 shall develop a formula to be used by the Governor to 

22 allocate the funds described in paragraph (1). The 

23 formula shall include such factors as the State board 

24 determines are appropriate, which may include fac25 tors such as the number of centers in the local area 


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1 that have been certified, the population served by such 

2 centers, and the performance of such centers. 

3 ‘‘(4) COSTS OF INFRASTRUCTURE.—For purposes 

4 of this subsection, the term ‘costs of infrastructure’ 

5 means the nonpersonnel costs that are necessary for 

6 the general operation of a one-stop center, including 

7 the rental costs of the facilities, the costs of utilities 

8 and maintenance, and equipment (including assistive 

9 technology for individuals with disabilities). 

10 ‘‘(i) OTHER FUNDS.— 

11 ‘‘(1) IN GENERAL.—In addition to the funds pro12 vided to carry out subsection (h), a portion of funds 

13 made available under Federal law authorizing the 

14 one-stop partner programs described in subsection 

15 (b)(1)(B) and participating additional partner pro16 grams described in subsection (b)(2)(B), or the 

17 noncash resources available under such programs 

18 shall be used to pay the costs relating to the operation 

19 of the one-stop delivery system that are not paid for 

20 from the funds provided under subsection (h), to the 

21 extent not inconsistent with the Federal law involved 

22 including— 

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

24 of the funds provided under subsection (h); 


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

2 the costs of infrastructure; and 

3 ‘‘(C) the costs of the provision of work ready 

4 services applicable to each program. 

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

6 method for determining the appropriate portion of 

7 funds and noncash resources to be provided by each 

8 program under paragraph (1) shall be determined as 

9 part of the memorandum of understanding under sub10 section (c). The State board shall provide guidance to 

11 facilitate the determination of appropriate allocation 

12 of the funds and noncash resources in local areas.’’. 

13 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

14 TRAINING SERVICES. 

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

16 follows: 

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

18 TRAINING SERVICES. 

19 ‘‘(a) ELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—The Governor, after con21 sultation with the State board, shall establish criteria 

22 and procedures regarding the eligibility of providers 

23 of training services described in section 134(c)(4) to 

24 receive funds provided under section 133(b) for the 

25 provision of such training services. 


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

2 this section, to be eligible to receive the funds provided 

3 under section 133(b) for the provision of training 

4 services, the provider shall be— 

5 ‘‘(A) a postsecondary educational institu6 tion that— 

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

8 under title IV of the Higher Education Act 

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

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

11 an associate degree, baccalaureate degree, or 

12 industry-recognized certification; 

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

14 under the Act of August 16, 1937 (commonly 

15 known as the ‘National Apprenticeship Act’; 50 

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

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

18 a program of training services. 

19 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO20 VIDERS.—A provider described in subparagraph (A) 

21 or (C) of paragraph (2) shall comply with the criteria 

22 and procedures established under this section to be in23 cluded on the list of eligible providers of training 

24 services described in subsection (d)(1). A provider de25 scribed in paragraph (2)(B) shall be included on the 


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1 list of eligible providers of training services described 

2 in subsection (d)(1) for so long as the provider re3 mains certified by the Secretary of Labor to carry out 

4 the programs described in paragraph (2)(B). 

5 ‘‘(b) CRITERIA.— 

6 ‘‘(1) IN GENERAL.—The criteria established pur7 suant to subsection (a) shall take into account— 

8 ‘‘(A) the performance of providers of train9 ing services with respect to the performance 

10 measures described in section 136 and other mat11 ters for which information is required under 

12 paragraph (2) and other appropriate measures 

13 of performance outcomes for those participants 

14 receiving training services under this subtitle 

15 (taking into consideration the characteristics of 

16 the population served and relevant economic con17 ditions); 

18 ‘‘(B) whether the training programs of such 

19 providers relate to occupations that are in de20 mand; 

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

22 services throughout the State, including in rural 

23 areas; 


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1 ‘‘(D) the ability of providers to offer pro2 grams that lead to a degree or an industry-recog3 nized certification, certificate, or mastery; 

4 ‘‘(E) the information such providers are re5 quired to report to State agencies with respect to 

6 other Federal and State programs (other than 

7 the program carried out under this subtitle), in8 cluding one-stop partner programs; and 

9 ‘‘(F) such other factors as the Governor de10 termines are appropriate. 

11 ‘‘(2) INFORMATION.—The criteria established by 

12 the Governor shall require that a provider of training 

13 services submit appropriate, accurate, and timely in14 formation to the State for purposes of carrying out 

15 subsection (d), with respect to participants receiving 

16 training services under this subtitle in the applicable 

17 program, including— 

18 ‘‘(A) information on degrees and industry19 recognized certifications received by such partici20 pants; 

21 ‘‘(B) information on costs of attendance for 

22 such participants; 

23 ‘‘(C) information on the program comple24 tion rate for such participants; and 


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1 ‘‘(D) information on the performance of the 

2 provider with respect to the performance meas3 ures described in section 136 for such partici4 pants (taking into consideration the characteris5 tics of the population served and relevant eco6 nomic conditions), which shall include informa7 tion specifying the percentage of such partici8 pants who entered unsubsidized employment in 

9 an occupation related to the program. 

10 ‘‘(3) RENEWAL.—The criteria established by the 

11 Governor shall also provide for biennial review and 

12 renewal of eligibility under this section for providers 

13 of training services. 

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

15 State may establish criteria in addition to the cri16 teria established by the Governor, or may require 

17 higher levels of performance than required under the 

18 criteria established by the Governor, for purposes of 

19 determining the eligibility of providers of training 

20 services to receive funds described in subsection (a) to 

21 provide the services in the local area involved. 

22 ‘‘(5) LIMITATION.—In carrying out the require23 ments of this subsection, no personally identifiable in24 formation regarding a student, including Social Secu25 rity number, student identification number, or other 


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1 identifier, may be disclosed without the prior written 

2 consent of the parent or eligible student in compliance 

3 with section 444 of the General Education Provisions 

4 Act (20 U.S.C. 1232g). 

5 ‘‘(c) PROCEDURES.—The procedures established under 

6 subsection (a) shall— 

7 ‘‘(1) identify— 

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

9 of training services to become eligible to receive 

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

11 training services; and 

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

13 local areas in receiving and reviewing applica14 tions and in making determinations of eligibility 

15 based on the criteria established under this sec16 tion; and 

17 ‘‘(2) establish a process for a provider of train18 ing services to appeal a denial or termination of eli19 gibility under this section that includes an oppor20 tunity for a hearing and prescribes appropriate time 

21 limits to ensure prompt resolution of the appeal. 

22 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

23 CHOOSING PROVIDERS.— 

24 ‘‘(1) IN GENERAL.—In order to facilitate and as25 sist participants under chapter 5 in choosing proVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 viders of training services, the Governor shall ensure 

2 that an appropriate list or lists of providers deter3 mined eligible under this section in the State, includ4 ing information regarding the occupations in demand 

5 that relate to the training programs of such providers 

6 and the accompanying information described in 

7 paragraph (2), is provided to the local boards in the 

8 State to be made available to such participants and 

9 to members of the public through the one-stop delivery 

10 system in the State. 

11 ‘‘(2) AVAILABILITY THROUGH ONE-STOP DELIV12 ERY SYSTEM.—The list and the accompanying infor13 mation shall be made available to such participants 

14 and to members of the public through the one-stop de15 livery system in the State. 

16 ‘‘(e) ENFORCEMENT.— 

17 ‘‘(1) IN GENERAL.—The criteria and procedures 

18 established under this section shall provide the fol19 lowing: 

20 ‘‘(A) INTENTIONALLY SUPPLYING INAC21 CURATE INFORMATION.—Upon a determination, 

22 by an individual or entity specified in the cri23 teria or procedures, that a provider of training 

24 services, or individual providing information on 

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1 accurate information under this section, the eli2 gibility of such provider to receive funds under 

3 chapter 5 shall be terminated for a period of 

4 time that is not less than 2 years. 

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

6 determination, by an individual or entity speci7 fied in the criteria or procedures, that a provider 

8 of training services substantially violated any re9 quirement under this title, the eligibility of such 

10 provider to receive funds under the program in11 volved shall be terminated. 

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

13 services whose eligibility is terminated under 

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

15 repayment of funds received under chapter 5 

16 during a period of noncompliance described in 

17 such subparagraph. 

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

19 construed to provide remedies and penalties that sup20 plement, but do not supplant, other civil and crimi21 nal remedies and penalties. 

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

23 may enter into agreements, on a reciprocal basis, to permit 

24 eligible providers of training services to accept career en25 hancement accounts provided in another State. 


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1 ‘‘(g) RECOMMENDATIONS.—In developing the criteria, 

2 procedures, and information required under this section, the 

3 Governor shall solicit and take into consideration the rec4 ommendations of local boards and providers of training 

5 services within the State. 

6 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—During 

7 the development of the criteria, procedures, requirements for 

8 information, and the list of eligible providers required 

9 under this section, the Governor shall provide an oppor10 tunity for interested members of the public to submit com11 ments regarding such criteria, procedures, and information. 

12 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN13 ING EXCEPTION.— 

14 ‘‘(1) IN GENERAL.—Providers of on-the-job train15 ing or customized training shall not be subject to the 

16 requirements of subsections (a) through (d). 

17 ‘‘(2) COLLECTION AND DISSEMINATION OF INFOR18 MATION.—A one-stop operator in a local area shall 

19 collect such performance information from on-the-job 

20 training and customized training providers as the 

21 Governor may require, determine whether the pro22 viders meet such performance criteria as the Governor 

23 may require, and disseminate information identifying 

24 providers that meet the criteria as eligible providers, 

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1 stop delivery system. Providers determined to meet the 

2 criteria shall be considered to be identified as eligible 

3 providers of training services.’’. 

4 SEC. 110. GENERAL AUTHORIZATION. 

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

6 (1) by striking the heading for chapter 5 and in7 serting the following: ‘‘EMPLOYMENT AND 

8 TRAINING ACTIVITIES’’; and 

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

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

11 (2)(B) of’’; and 

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

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

14 SEC. 111. STATE ALLOTMENTS. 

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

16 (1) by amending subsection (a) to read as fol17 lows: 

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

‘‘(1) reserve 1 19 ⁄2 of 1 percent of the total amount 

20 appropriated under section 137 for a fiscal year, of 

21 which— 

22 ‘‘(A) 50 percent shall be used to provide 

23 technical assistance under section 170; and 

24 ‘‘(B) 50 percent shall be used for evalua25 tions under section 172; 


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

2 amount appropriated under section 137 for a fiscal 

3 year to make grants to, and enter into contracts or 

4 cooperative agreements with Indian tribes, tribal or5 ganizations, Alaska-Native entities, Indian-controlled 

6 organizations serving Indians, or Native Hawaiian 

7 organizations to carry out employment and training 

8 activities; 

9 ‘‘(3) reserve not more than 28 percent of the total 

10 amount appropriated under section 137 for a fiscal 

11 year to carry out the Jobs Corps program under sub12 title C; 

13 ‘‘(4) reserve not more than 0.15 percent of the 

14 total amount appropriated under section 137 for a 

15 fiscal year to carry out military transitional assist16 ance under section 175; and 

17 ‘‘(5) from the remaining amount appropriated 

18 under section 137 for a fiscal year (after reserving 

19 funds under paragraphs (1) through (4)), make allot20 ments in accordance with subsection (b) of this sec21 tion.’’; and 

22 (2) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

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


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1 ‘‘(A) IN GENERAL.—From the amount made 

2 available under subsection (a)(5) for a fiscal 

3 year, the Secretary shall reserve not more than 

1 4 ⁄4 of 1 percent to provide assistance to the out5 lying areas. 

6 ‘‘(B) RESTRICTION.—The Republic of Palau 

7 shall cease to be eligible to receive funding under 

8 this subparagraph upon entering into an agree9 ment for extension of United States educational 

10 assistance under the Compact of Free Association 

11 (approved by the Compact of Free Association 

12 Amendments Act of 2003 (Public Law 99–658)) 

13 after the date of enactment of the Workforce In14 vestment Improvement Act of 2012. 

15 ‘‘(2) STATES.— 

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

17 amount to be reserved under paragraph (1), the 

18 Secretary shall allot the remainder of the 

19 amount referred to in subsection (a)(5) for a fis20 cal year to the States pursuant to subparagraph 

21 (B) for employment and training activities and 

22 statewide workforce investment activities. 

23 ‘‘(B) FORMULA.—Subject to subparagraphs 

24 (C) and (D), of the remainder— 


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

2 basis of the relative number of unemployed 

3 individuals in areas of substantial unem4 ployment in each State, compared to the 

5 total number of unemployed individuals in 

6 areas of substantial unemployment in all 

7 States; 

8 ‘‘(ii) 25 percent shall be allotted on the 

9 basis of the relative number of individuals 

10 in the civilian labor force in each State, 

11 compared to the total number of such indi12 viduals in all States; 

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

14 the basis of the relative number of individ15 uals in each State who have been unem16 ployed for 15 weeks or more, compared to 

17 the total number of individuals in all States 

18 who have been unemployed for 15 weeks or 

19 more; and 

20 ‘‘(iv) 25 percent shall be allotted on the 

21 basis of the relative number of disadvan22 taged youth in each State, compared to the 

23 total number of disadvantaged youth in all 

24 States. 


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1 ‘‘(C) MINIMUM AND MAXIMUM PERCENT2 AGES.— 

3 ‘‘(i) MINIMUM PERCENTAGE.—The Sec4 retary shall ensure that no State shall re5 ceive an allotment under this paragraph 

6 for— 

7 ‘‘(I) fiscal year 2013, that is less 

8 than 100 percent of the allotment per9 centage of the State for the preceding 

10 fiscal year; and 

11 ‘‘(II) fiscal year 2014 and each 

12 succeeding fiscal year, that is less than 

13 90 percent of the allotment percentage 

14 of the State for the preceding fiscal 

15 year. 

16 ‘‘(ii) MAXIMUM PERCENTAGE.—Subject 

17 to clause (i), the Secretary shall ensure that 

18 no State shall receive an allotment under 

19 this paragraph for a fiscal year that is 

20 more than 130 percent of the allotment per21 centage of the State for the preceding fiscal 

22 year. 

23 ‘‘(D) SMALL STATE MINIMUM ALLOT24 MENT.—Subject to subparagraph (C), the Sec25 retary shall ensure that no State shall receive an 


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1 allotment under this paragraph for a fiscal year 

that is less than 2 2 ⁄10 of 1 percent of the remain3 der described in subparagraph (A) for the fiscal 

4 year. 

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

6 formula specified in this paragraph: 

7 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

8 term ‘allotment percentage’— 

9 ‘‘(I) used with respect to fiscal 

10 year 2012, means the percentage of the 

11 amounts allotted to States under title I 

12 of this Act, title V of the Older Ameri13 cans Act of 1965, sections 4103A and 

14 4104 of title 38, United States Code, 

15 section 2021 of title 38, United States 

16 Code, section 1144 of title 10, United 

17 States Code, and sections 1 through 14 

18 of the Wagner-Peyser Act, as such pro19 visions were in effect on the day before 

20 the date of enactment of the Workforce 

21 Investment Improvement Act of 2012, 

22 that is received under such provisions 

23 by the State involved for fiscal year 

24 2012; and 


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1 ‘‘(II) used with respect to fiscal 

2 year 2013 or a subsequent year, means 

3 the percentage of the amounts allotted 

4 to States for fiscal year 2012 under the 

5 provisions described in subclause (I) 

6 that is received through an allotment 

7 made under this paragraph for the fis8 cal 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 of— 

16 ‘‘(I) the poverty line; or 

17 ‘‘(II) 70 percent of the lower liv18 ing standard income level. 

19 ‘‘(iii) INDIVIDUAL.—The term ‘indi20 vidual’ means an individual who is not less 

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

22 SEC. 112. WITHIN STATE ALLOCATIONS. 

23 Section 133 is amended— 

24 (1) by amending subsection (a) to read as fol25 lows: 


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1 ‘‘(a) RESERVATIONS FOR STATEWIDE EMPLOYMENT

2 AND TRAINING ACTIVITIES.— 

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

4 shall reserve up to 10 percent of the total amount al5 lotted to the State under section 132(b)(2) for a fiscal 

6 year to carry out the statewide activities described in 

7 paragraphs (2) and (3) of section 134(a). 

8 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

9 Of the amount reserved under paragraph (1) for a fis10 cal year, the Governor of the State shall reserve not 

11 more than 10 percent for statewide rapid response ac12 tivities described in section 134(a)(4). 

13 ‘‘(3) STATEWIDE INDIVIDUALS WITH BARRIERS

14 TO EMPLOYMENT GRANTS.—The Governor of a State 

15 shall reserve 2 percent of the total amount allotted to 

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

17 carry out statewide activities described in section 

18 134(a)(5).’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) WITHIN STATE ALLOCATION.— 

22 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

23 ACTIVITIES.—The Governor, acting in accordance 

24 with the State plan, and after consulting with chief 

25 elected officials in the local areas, shall— 


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

2 the State for employment and training activities 

3 and not reserved under subsection (a), in accord4 ance with paragraph (2)(A); and 

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

6 the State under subsection (a)(3) through com7 petitive grants to eligible entities, in accordance 

8 with section 134(a)(1)(C). 

9 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK10 FORCE INVESTMENT FUND.— 

11 ‘‘(A) ALLOCATION.—In allocating the funds 

12 described in paragraph (1)(A) to local areas, a 

13 State shall allocate— 

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

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

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

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

18 ‘‘(iii) 25 percent on the basis described 

19 in section 132(b)(B)(iii); and 

20 ‘‘(iv) 25 percent on the basis described 

21 in section 132(b)(2)(B)(iv). 

22 ‘‘(B) MINIMUM AND MAXIMUM PERCENT23 AGES.— 

24 ‘‘(i) MINIMUM PERCENTAGE.—The 

25 State shall ensure that no local area shall 


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1 receive an allocation under this paragraph 

2 for— 

3 ‘‘(I) fiscal year 2013, that is less 

4 than 100 percent of the allocation per5 centage of the local area for the pre6 ceding fiscal year; and 

7 ‘‘(II) fiscal year 2014 and each 

8 succeeding fiscal year, that is less than 

9 90 percent of the allocation percentage 

10 of the local area for the preceding fiscal 

11 year. 

12 ‘‘(ii) MAXIMUM PERCENTAGE.—Subject 

13 to clause (i), the State shall ensure that no 

14 local area shall receive an allocation for a 

15 fiscal year under this paragraph for a fiscal 

16 year that is more than 130 percent of the 

17 allocation percentage of the local area for 

18 the preceding fiscal year. 

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

20 formula specified in this paragraph, the term 

21 ‘allocation percentage’— 

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

23 2012, means the percentage of the amounts 

24 allocated to local areas under title I of this 

25 Act, title V of the Older Americans Act of 


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1 1965, sections 4103A and 4104 of title 38, 

2 United States Code, section 2021 of title 38, 

3 United States Code, section 1144 of title 10, 

4 United States Code, and sections 1 through 

5 14 of the Wagner-Peyser Act, as such provi6 sions were in effect on the day before the 

7 date of enactment of the Workforce Invest8 ment Improvement Act of 2012, that is re9 ceived under such provisions by the local 

10 area involved for fiscal year 2012; and 

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

12 2013 or a subsequent year, means the per13 centage of the amounts allocated to local 

14 areas for fiscal year 2012 under the provi15 sions described in clause (i) that is received 

16 through an allocation made under this 

17 paragraph for the fiscal year.’’; 

18 (3) in subsection (c)— 

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

20 follows: 

21 ‘‘(1) IN GENERAL.—The Governor, may in ac22 cordance with this subsection, reallocate to eligible 

23 local areas within the State amounts that are allo24 cated under subsection (b) for employment and trainVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 ing activities and that are available for realloca2 tion.’’; 

3 (B) in paragraph (2), by striking ‘‘para4 graph (2)(A) or (3) of subsection (b) for such ac5 tivities’’ and inserting ‘‘subsection (b) for such 

6 activities’’; 

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

8 follows: 

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

10 to eligible local areas of amounts available pursuant 

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

12 shall allocate to each eligible local area within the 

13 State an amount based on the relative amount allo14 cated to such local area under subsection (b)(2) for 

15 such activities for such prior program year, as com16 pared to the total amount allocated to all eligible 

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

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

19 (D) in paragraph (4), by striking ‘‘para20 graph (2)(A) or (3) of’’; and 

21 (4) by adding at the end the following new sub22 section: 

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

24 amounts allocated to a local area under this section for a 

25 fiscal year, not more than 10 percent of the amount may 


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1 be used by the local board involved for the administrative 

2 costs of carrying out local workforce investment activities 

3 in the local area under this chapter.’’. 

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

5 ACTIVITIES. 

6 Section 134 is amended— 

7 (1) by amending subsection (a) to read as fol8 lows: 

9 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVI10 TIES.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI13 TIES.—Funds reserved by a Governor for a State 

14 as described in section 133(a)(1)— 

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

16 statewide employment and training activi17 ties described in paragraph (2); and 

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

19 the statewide employment and training ac20 tivities described in paragraph (3). 

21 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI22 TIES.—Funds reserved by a Governor for a State 

23 as described in section 133(a)(2) shall be used to 

24 carry out the statewide rapid response activities 

25 described in paragraph (4). 


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1 ‘‘(C) STATEWIDE INDIVIDUALS WITH BAR2 RIERS TO EMPLOYMENT GRANTS.—Funds re3 served by a Governor for a State as described in 

4 section 133(a)(3) shall be used to carry out the 

5 Statewide Individuals with Barriers to Employ6 ment Grant competition described in paragraph 

7 (5). 

8 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

9 TRAINING ACTIVITIES.—A State shall use funds re10 served as described in section 133(a)(1) to carry out 

11 statewide employment and training activities, which 

12 shall include— 

13 ‘‘(A) supporting the provision of work ready 

14 services described in subsection (c)(2) in the one15 stop delivery system; 

16 ‘‘(B) implementing innovative programs 

17 and strategies designed to meet the needs of all 

18 employers in the State, including small employ19 ers, which may include incumbent worker train20 ing programs, sectoral and industry cluster 

21 strategies and partnerships, career ladder pro22 grams, micro-enterprise and entrepreneurial 

23 training and support programs, utilization of ef24 fective business intermediaries, activities to im25 prove linkages between the one-stop delivery sysVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 tem in the State and all employers (including 

2 small employers) in the State, and other business 

3 services and strategies that better engage employ4 ers in workforce investment activities and make 

5 the workforce investment system more relevant to 

6 the needs of State and local businesses, consistent 

7 with the objectives of this title; 

8 ‘‘(C) implementing strategies and services 

9 that will be used in the State to assist at-risk 

10 youth and out-of-school youth in acquiring the 

11 education and skills, credentials (including rec12 ognized postsecondary credentials and industry13 recognized credentials), and employment experi14 ence to succeed in the labor market; and 

15 ‘‘(D) conducting evaluations under section 

16 136(e) of activities authorized under this chapter 

17 in coordination with evaluations carried out by 

18 the Secretary under section 172. 

19 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT AND

20 TRAINING ACTIVITIES.—A State may use funds re21 served as described in section 133(a)(1) to carry out 

22 statewide employment and training activities which 

23 may include— 

24 ‘‘(A) providing incentive grants to local 

25 areas for regional cooperation among local 


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1 boards (including local boards in a designated 

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

3 coordination of activities carried out under this 

4 Act, and for exemplary performance by local 

5 areas on the local performance measures; 

6 ‘‘(B) providing technical assistance and ca7 pacity building to local areas, one-stop opera8 tors, one-stop partners, and eligible providers, 

9 including the development and training of staff, 

10 the development of exemplary program activities, 

11 and the provision of technical assistance to local 

12 areas that fail to meet local performance meas13 ures; 

14 ‘‘(C) operating a fiscal and management ac15 countability system under section 136(f); 

16 ‘‘(D) carrying out monitoring and oversight 

17 of activities carried out under this chapter; 

18 ‘‘(E) developing strategies for effectively in19 tegrating programs and services among one-stop 

20 partners; 

21 ‘‘(F) carrying out activities to facilitate re22 mote access to services provided through a one23 stop delivery system, including facilitating access 

24 through the use of technology; and 


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1 ‘‘(G) incorporating pay-for-performance 

2 contracting strategies as an element in funding 

3 activities under this section. 

4 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

5 A State shall use funds reserved as described in sec6 tion 133(a)(2) to carry out statewide rapid response 

7 activities, which shall include— 

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

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

10 entity designated by the State, working in con11 junction with the local boards and the chief elect12 ed officials in the local areas; and 

13 ‘‘(B) provision of additional assistance to 

14 local areas that experience disasters, mass layoffs 

15 or plant closings, or other events that precipitate 

16 substantial increases in the number of unem17 ployed individuals, carried out in local areas by 

18 the State or by an entity designated by the 

19 State, working in conjunction with the local 

20 boards and the chief elected officials in the local 

21 areas. 

22 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS WITH

23 BARRIERS TO EMPLOYMENT.— 


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

2 described in section 133(a)(3), the Governor of a 

3 State— 

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

5 provide technical assistance to, and conduct 

6 evaluations as described in section 136(e), of 

7 the programs and activities carried out 

8 under this paragraph; and 

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

10 grants on a competitive basis to eligible en11 tities described in subparagraph (B) to 

12 carry out employment and training pro13 grams authorized under this paragraph for 

14 individuals with barriers to employment 

15 that meet specific performance outcomes 

16 and criteria established by the Governor 

17 under subparagraph (G). 

18 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur19 poses of this paragraph, the term ‘eligible entity’ 

20 means an entity that— 

21 ‘‘(i) is a— 

22 ‘‘(I) local board or a consortium 

23 of local boards; 


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1 ‘‘(II) nonprofit entity, for profit 

2 entity, or a consortium of nonprofit or 

3 for-profit entities; or 

4 ‘‘(III) consortium of the entities 

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

6 ‘‘(ii) has a demonstrated record of 

7 placing individuals into unsubsidized em8 ployment and serving hard to serve individ9 uals; and 

10 ‘‘(iii) agrees to be reimbursed pri11 marily on the basis of achievement of speci12 fied performance outcomes and criteria es13 tablished under subparagraph (F). 

14 ‘‘(C) GRANT PERIOD.— 

15 ‘‘(i) IN GENERAL.—A grant under this 

16 paragraph shall be awarded for a period of 

17 1 year. 

18 ‘‘(ii) GRANT RENEWAL.—A Governor of 

19 a State may renew, for up to 4 additional 

20 1-year periods, a grant awarded under this 

21 paragraph. 

22 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi23 ble to participate in activities under this para24 graph, an individual shall be a low-income indiVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 vidual between the ages of 16 and 74 or a mem2 ber of a low-income family. 

3 ‘‘(E) USE OF FUNDS.—An eligible entity re4 ceiving a grant under this paragraph shall use 

5 such funds for activities that are designed to as6 sist eligible participants in obtaining employ7 ment and acquiring the education and skills nec8 essary to succeed in the labor market. 

9 ‘‘(F) APPLICATIONS.—To be eligible to re10 ceive a grant under this paragraph, an eligible 

11 entity shall submit an application to a State at 

12 such time, in such manner, and containing such 

13 information as the State may require, includ14 ing— 

15 ‘‘(i) a description of how the strategies 

16 and activities will be aligned with the State 

17 plan submitted under section 112 and the 

18 local plans submitted under section 118 

19 with respect to the areas of the State that 

20 will be the focus of grant activities under 

21 this paragraph; 

22 ‘‘(ii) a description of the educational 

23 and skills training programs and activities 

24 the eligible entities will provide to eligible 

25 participants under this paragraph; 


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1 ‘‘(iii) how the eligible entity will col2 laborate with State and local workforce in3 vestment systems established under this title 

4 in the provision of such programs and ac5 tivities; 

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

7 demonstrated effectiveness on which the pro8 vision of such educational and skills train9 ing programs and activities are based, and 

10 a description of how such programs and ac11 tivities will improve the education and 

12 skills training for eligible participants; 

13 ‘‘(v) a description of the populations to 

14 be served and the skill needs of those popu15 lations, and the manner in which eligible 

16 participants will be recruited and selected 

17 as participants; 

18 ‘‘(vi) a description of the private, pub19 lic, local, and State resources that will be 

20 leveraged, in addition to the grant funds 

21 provided for the programs and activities 

22 under this paragraph, and how the entity 

23 will ensure the sustainability of such pro24 grams and activities after grant funds are 

25 no longer available; 


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

2 involvement of employers in such programs 

3 and activities; 

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

5 performance the eligible entity expects to 

6 achieve with respect to the indicators of per7 formance for all individuals specified in 

8 section in 136(b)(2); 

9 ‘‘(ix) a detailed budget and a descrip10 tion of the system of fiscal controls, and au11 diting and accountability procedures that 

12 will be used to ensure fiscal soundness for 

13 the programs and activities provided under 

14 this paragraph; 

15 ‘‘(x) the information described in 

16 clauses (i) through (vii) of subparagraph 

17 (G); and 

18 ‘‘(xi) any other criteria the Governor 

19 may require. 

20 ‘‘(G) PERFORMANCE OUTCOMES AND CRI21 TERIA.—Not later than 6 months after the date 

22 of the enactment of the Workforce Investment Im23 provement Act of 2012, the Governor of the State 

24 shall establish and publish specific performance 

25 measures for the initial qualification of eligible 


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1 entities to receive a grant under this section. At 

2 a minimum, the Governor shall require each eli3 gible entity to— 

4 ‘‘(i) identify a particular program 

5 area and client population that is not 

6 achieving optimal outcomes; 

7 ‘‘(ii) provide evidence that the pro8 posed strategy would achieve better results; 

9 ‘‘(iii) clearly articulate and quantify 

10 the improved outcomes of such new ap11 proach; 

12 ‘‘(iv) identify data that would be re13 quired to evaluate whether outcomes are 

14 being achieved for a target population and 

15 a comparison group; 

16 ‘‘(v) identify estimated savings that 

17 would result from the improved outcomes, 

18 including to other programs or units of gov19 ernment; 

20 ‘‘(vi) demonstrate the capacity to col21 lect required data, track outcomes, and vali22 date those outcomes; and 

23 ‘‘(vii) any other criteria the Governor 

24 may require. 


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

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

3 reserved as described in section 133(a)(1) may be used 

4 by the State for administrative costs carried out 

5 under this subsection.’’; 

6 (2) by amending subsection (b) to read as fol7 lows: 

8 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI9 TIES.—Funds allocated to a local area under section 

10 133(b)(2)— 

11 ‘‘(1) shall be used to carry out employment and 

12 training activities described in subsection (c); and 

13 ‘‘(2) may be used to carry out employment and 

14 training activities described in subsection (d).’’. 

15 (3) by striking subsection (c); 

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

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

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

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

20 follows: 

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

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

23 ‘‘(A) to establish a one-stop delivery system 

24 as described in section 121(e); 


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1 ‘‘(B) to provide the work ready services de2 scribed in paragraph (2) through the one-stop 

3 delivery system in accordance with such para4 graph; and 

5 ‘‘(C) to provide training services described 

6 in paragraph (4) in accordance with such para7 graph.’’; 

8 (B) in paragraph (2)— 

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

10 SERVICES’’ and inserting ‘‘WORK READY

11 SERVICES’’; 

12 (ii) by striking ‘‘core services’’ and in13 serting ‘‘work ready services’’; 

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

15 dislocated workers’’; 

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

17 ‘‘and assistance in obtaining eligibility de18 terminations under the other one-stop part19 ner programs through such activities as as20 sisting in the submission of applications, 

21 the provision of information on the results 

22 of such applications, the provision of intake 

23 services and information, and, where appro24 priate and consistent with the authorizing 


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1 statute of the one-stop partner program, de2 terminations of eligibility’’ after ‘‘subtitle’’; 

3 (v) by amending subparagraph (D) to 

4 read as follows: 

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

6 ‘‘(i) job search and placement assist7 ance, and where appropriate, career coun8 seling; 

9 ‘‘(ii) appropriate recruitment services 

10 for employers, including small employers, 

11 in the local area, which may include serv12 ices described in this subsection, including 

13 information and referral to specialized busi14 ness services not traditionally offered 

15 through the one-stop delivery system; and 

16 ‘‘(iii) reemployment services provided 

17 to unemployment claimants, including 

18 claimants identified as in need of such serv19 ices under the worker profiling system es20 tablished under section 303(j) of the Social 

21 Security Act (42 U.S.C. 503(j));’’; 

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

23 ‘‘employment statistics’’ and inserting 

24 ‘‘workforce and labor market’’; 


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

2 ‘‘and eligible providers of youth activities 

3 described in section 123,’’; 

4 (viii) in subparagraph (I), by insert5 ing ‘‘and the administration of the work 

6 test for the unemployment compensation 

7 system’’ after ‘‘compensation’’; 

8 (ix) by amending subparagraph (J) to 

9 read as follows: 

10 ‘‘(J) assistance in establishing eligibility for 

11 programs of financial aid assistance for training 

12 and education programs that are not funded 

13 under this Act and are available in the local 

14 area;’’; and 

15 (x) by redesignating subparagraph (K) 

16 as subparagraph (U); and 

17 (xi) by inserting the following new sub18 paragraphs after subparagraph (J): 

19 ‘‘(K) the provision of information from offi20 cial publications of the Internal Revenue Service 

21 regarding Federal tax credits available to indi22 viduals relating to education, job training and 

23 employment; 


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1 ‘‘(L) comprehensive and specialized assess2 ments of the skill levels and service needs of 

3 workers, which may include— 

4 ‘‘(i) diagnostic testing and use of other 

5 assessment tools; and 

6 ‘‘(ii) in-depth interviewing and evalua7 tion to identify employment barriers and 

8 appropriate employment goals; 

9 ‘‘(M) development of an individual employ10 ment plan, to identify the employment goals, ap11 propriate achievement objectives, and appro12 priate combination of services for the participa13 tion to achieve the employment goals; 

14 ‘‘(N) group counseling; 

15 ‘‘(O) individual counseling and career plan16 ning; 

17 ‘‘(P) case management; 

18 ‘‘(Q) short-term pre-career services, includ19 ing development of learning skills, communica20 tions skills, interviewing skills, punctuality, per21 sonal maintenance skills, and professional con22 duct, to prepare individuals for unsubsidized em23 ployment or training; 

24 ‘‘(R) internships and work experience; 


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1 ‘‘(S) literacy activities relating to basic 

2 work readiness, information and communication 

3 technology literacy activities, and financial lit4 eracy activities, if such activities are not avail5 able to participants in the local area under pro6 grams administered under the Adult Education 

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

8 seq.); 

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

10 relocation assistance; and’’; and 

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

12 follows: 

13 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

14 services described in paragraph (2) shall be provided 

15 through the one-stop delivery system and may be pro16 vided through contracts with public, private for-prof17 it, and private nonprofit service providers, approved 

18 by the local board.’’; 

19 (D) in paragraph (4)— 

20 (i) by amending subparagraph (A) to 

21 read as follows: 

22 ‘‘(A) IN GENERAL.—Funds allocated to a 

23 local area under section 133(b) shall be used to 

24 provide training services to individuals who— 


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1 ‘‘(i) after an interview, evaluation, or 

2 assessment, and case management, have 

3 been determined by a one-stop operator or 

4 one-stop partner, as appropriate, to— 

5 ‘‘(I) be in need of training serv6 ices to obtain or retain employment; 

7 and 

8 ‘‘(II) have the skills and qualifica9 tions to successfully participate in the 

10 selected program of training services; 

11 ‘‘(ii) select programs of training serv12 ices that are directly linked to the employ13 ment opportunities in the local area in14 volved or in another area in which the indi15 vidual receiving such services are willing to 

16 commute or relocate; and 

17 ‘‘(iii) who meet the requirements of 

18 subparagraph (B);’’; and 

19 (ii) in subparagraph (B)(i), by strik20 ing ‘‘Except’’ and inserting ‘‘Notwith21 standing section 479B of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1087uu) and 

23 except’’; 

24 (iii) by amending subparagraph (D) to 

25 read as follows: 


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1 ‘‘(D) TRAINING SERVICES.—Training serv2 ices authorized under this paragraph may in3 clude— 

4 ‘‘(i) occupational skills training; 

5 ‘‘(ii) on-the-job training; 

6 ‘‘(iii) skill upgrading and retraining; 

7 ‘‘(iv) entrepreneurial training; 

8 ‘‘(v) education activities leading to a 

9 regular secondary school diploma or its rec10 ognized equivalent in combination with, 

11 concurrently or subsequently, occupational 

12 skills training; 

13 ‘‘(vi) adult education and literacy ac14 tivities provided in conjunction with other 

15 training authorized under this subpara16 graph; 

17 ‘‘(vii) workplace training combined 

18 with related instruction; and 

19 ‘‘(viii) occupational skills training 

20 that incorporates English language acquisi21 tion.’’; 

22 (iv) by striking subparagraph (E) and 

23 redesignating subparagraphs (F) and (G) 

24 as subparagraphs (E) and (F), respectively; 

25 and 


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1 (v) in subparagraph (E) (as so redesig2 nated)— 

3 (I) in clause (ii)— 

4 (aa) in the matter preceding 

5 subclause (I), by striking ‘‘sub6 section (c)’’ and inserting ‘‘section 

7 121’’; and 

8 (bb) in subclause (II), by 

9 striking ‘‘subsections (e) and (h)’’ 

10 and inserting ‘‘subsection (i)’’; 

11 and 

12 (II) by striking clause (iii) and 

13 inserting the following: 

14 ‘‘(iii) CAREER ENHANCEMENT AC15 COUNTS.—An individual who seeks training 

16 services and who is eligible pursuant to sub17 paragraph (A), may, in consultation with a 

18 case manager, select an eligible provider of 

19 training services from the list or identifying 

20 information for providers described in 

21 clause (ii)(I). Upon such selection, the one22 stop operator involved shall, to the extent 

23 practicable, refer such individual to the eli24 gible provider of training services, and arVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 range for payment for such services through 

2 a career enhancement account. 

3 ‘‘(iv) COORDINATION.—Each local 

4 board may, through one-stop centers, coordi5 nate career enhancement accounts with 

6 other Federal, State, local, or private job 

7 training programs or sources to assist the 

8 individual in obtaining training services. 

9 ‘‘(v) ENHANCED CAREER ENHANCE10 MENT ACCOUNTS.—Each local board may, 

11 through one-stop centers, assist individuals 

12 receiving career enhancement accounts 

13 through the establishment of such accounts 

14 that include, in addition to the funds pro15 vided under this paragraph, funds from 

16 other programs and sources that will assist 

17 the individual in obtaining training serv18 ices.’’; and 

19 (vi) in subparagraph (F) (as so redes20 ignated)— 

21 (I) in the subparagraph heading, 

22 by striking ‘‘INDIVIDUAL TRAINING AC23 COUNTS’’ and inserting ‘‘CAREER EN24 HANCEMENT ACCOUNTS’’; 


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1 (II) in clause (i) by striking ‘‘in2 dividual training accounts’’ and in3 serting ‘‘career enhancement accounts’’; 

4 (III) in clause (ii)— 

5 (aa) by striking ‘‘an indi6 vidual training account’’ and in7 serting ‘‘a career enhancement ac8 count’’; 

9 (bb) in subclause (II), by 

10 striking ‘‘individual training ac11 counts’’ and inserting ‘‘career en12 hancement accounts’’; 

13 (cc) in subclause (II) by 

14 striking ‘‘or’’ after the semicolon; 

15 (dd) in subclause (III) by 

16 striking the period and inserting 

17 ‘‘; or’’; and 

18 (ee) by adding at the end of 

19 the following: 

20 ‘‘(IV) the local board determines 

21 that it would be most appropriate to 

22 award a contract to an institution of 

23 higher education in order to facilitate 

24 the training of multiple individuals in 

25 in-demand sectors or occupations, if 


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1 such contract does not limit customer 

2 choice.’’; 

3 (IV) in clause (iii), by striking 

4 ‘‘adult or dislocated worker’’ and in5 serting ‘‘individual’’; and 

6 (V) in clause (iv)— 

7 (aa) by redesignating sub8 clause (IV) as subclause (V) and 

9 inserting after subclause (III) the 

10 following: 

11 ‘‘(IV) Individuals with disabil12 ities.’’; 

13 (6) in subsection (d) (as so redesignated)— 

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

15 follows: 

16 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC17 TIVITIES.— 

18 ‘‘(A) IN GENERAL.—Funds allocated to a 

19 local area under section 133(b) may be used to 

20 provide, through the one-stop delivery system— 

21 ‘‘(i) customized screening and referral 

22 of qualified participants in training serv23 ices to employers; 


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1 ‘‘(ii) customized employment-related 

2 services to employers on a fee-for-service 

3 basis; 

4 ‘‘(iii) customer supports, including 

5 transportation and childcare, to navigate 

6 among multiple services and activities for 

7 special participant populations that face 

8 multiple barriers to employment, including 

9 individuals with disabilities; 

10 ‘‘(iv) employment and training assist11 ance provided in coordination with child 

12 support enforcement activities of the State 

13 agency carrying out subtitle D of title IV of 

14 the Social Security Act (42 U.S.C. 651 et 

15 seq.); 

16 ‘‘(v) incorporating pay-for-performance 

17 contracting strategies as an element in 

18 funding activities under this section; 

19 ‘‘(vi) activities to facilitate remote ac20 cess to services provided through a one-stop 

21 delivery system, including facilitating ac22 cess through the use of technology; and 

23 ‘‘(vii) activities to carry out business 

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1 ers, as determined by the local board, con2 sistent with the local plan under section 

3 118.’’. 

4 (B) by striking paragraphs (2) and (3); and 

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

6 ‘‘(2) INCUMBENT WORKER TRAINING PRO7 GRAMS.— 

8 ‘‘(A) IN GENERAL.—The local board may 

9 use funds allocated to a local area under section 

10 133(b)(2) to carry out incumbent worker train11 ing programs in accordance with this para12 graph. 

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

14 programs for incumbent workers under this 

15 paragraph shall be carried out by the local area 

16 in conjunction with the employers of such work17 ers for the purpose of assisting such workers in 

18 obtaining the skills necessary to retain employ19 ment and avert layoffs. 

20 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

21 ‘‘(i) IN GENERAL.—Employers partici22 pating in programs under this paragraph 

23 shall be required to pay a proportion of the 

24 costs of providing the training to the in25 cumbent workers of the employers. The State 


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1 board, in consultation with the local board 

2 as appropriate, shall establish the required 

3 portion of such costs, which may include in4 kind contributions. The required portion 

5 shall not be less than 50 percent of the costs. 

6 ‘‘(ii) CALCULATION OF MATCH.—The 

7 wages paid by an employer to a worker 

8 while they are attending training may be 

9 included as part of the required payment of 

10 the employer.’’; and 

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

12 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

13 JOBS.—In providing employment and training activities 

14 authorized under this section, the State and local board 

15 shall give priority to placing participants in jobs in the 

16 private sector. 

17 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

18 ‘‘(1) IN GENERAL.—A local area shall hire and 

19 employ one or more veteran employment specialist to 

20 carry out employment, training, and placement serv21 ices under this subsection. 

22 ‘‘(2) PRINCIPAL DUTIES.—A veteran employment 

23 specialist in a local area shall— 


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1 ‘‘(A) conduct outreach to employers in the 

2 local area to assist veterans, including disabled 

3 veterans, in gaining employment, including— 

4 ‘‘(i) conducting seminars for employ5 ers; and 

6 ‘‘(ii) in conjunction with employers, 

7 conducting job search workshops, and estab8 lishing job search groups; and 

9 ‘‘(B) facilitate employment, training, sup10 portive, and placement services furnished to vet11 erans, including disabled and homeless veterans, 

12 in the local area. 

13 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

14 INDIVIDUALS WITH EXPERTISE IN SERVING VET15 ERANS.—A local area shall, to the maximum extent 

16 practicable, employ veterans or individuals with ex17 pertise in serving veterans to carry out the services 

18 described in paragraph (2). In hiring an individual 

19 to serve as a veteran employment specialist, a local 

20 board shall give preference to veterans and other indi21 viduals in the following order: 

22 ‘‘(A) To qualified service-connected disabled 

23 veterans. 


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1 ‘‘(B) If no veteran described in subpara2 graph (A) is available, to qualified eligible vet3 erans. 

4 ‘‘(C) If no veteran described in subpara5 graph (A) or (B) is available, to any other indi6 viduals with expertise in serving veterans. 

7 ‘‘(4) REPORTING.— 

8 ‘‘(A) IN GENERAL.—Each veteran employ9 ment specialist shall be administratively respon10 sible to the manager of the one-stop delivery cen11 ter in the local area and shall provide reports, 

12 not less frequently than quarterly, to the man13 ager of such center and to the Director for Vet14 erans’ Employment and Training for the State 

15 on compliance by the representative with Federal 

16 law and regulations with respect to the special 

17 services and hiring preferences described in 

18 paragraph (3) for veterans and individuals with 

19 expertise in serving veterans. 

20 ‘‘(B) REPORT TO SECRETARY.—Each State 

21 shall submit to the Secretary an annual report 

22 on the qualifications used by the local area in 

23 making hiring determinations for a veteran em24 ployment specialist and the salary structure 

25 under which such specialists are compensated. 


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1 ‘‘(C) REPORT TO CONGRESS.—The Sec2 retary shall submit to the Committee on Edu3 cation and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate an an6 nual report summarizing the reports submitted 

7 under subparagraph (B), including summaries 

8 of outcomes achieved by participating veterans 

9 disaggregated by local communities. 

10 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet11 eran employment specialist shall perform the func12 tions of a veteran employment specialist under this 

13 subsection on a halftime basis. 

14 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

15 employment specialist described in paragraph (1) 

16 shall satisfactorily complete training provided by the 

17 National Veterans’ Employment and Training Insti18 tute during the three-year period that begins on the 

19 date on which the employee is so assigned. 

20 ‘‘(7) SPECIALIST’S DUTIES.—A full-time veteran 

21 employment specialist shall perform only duties re22 lated to the employment, training, supportive, and 

23 placement services under this subtitle, and shall not 

24 perform other non-veteran-related duties if such duties 

25 detract from the specialist’s ability to perform the 


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1 specialist’s duties related to employment, training, 

2 and placement services under this subtitle.’’. 

3 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

4 Section 136 (29 U.S.C. 2871) is amended— 

5 (1) in subsection (b)— 

6 (A) by amending paragraphs (1) and (2) to 

7 read as follows: 

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

9 performance measures shall consist of— 

10 ‘‘(A)(i) the core indicators of performance 

11 described in paragraph (2)(A); and 

12 ‘‘(ii) additional indicators of performance 

13 (if any) identified by the State under paragraph 

14 (2)(B); and 

15 ‘‘(B) a State adjusted level of performance 

16 for each indicator described in subparagraph 

17 (A). 

18 ‘‘(2) INDICATORS OF PERFORMANCE.— 

19 ‘‘(A) CORE INDICATORS OF PERFORM20 ANCE.— 

21 ‘‘(i) IN GENERAL.—The core indicators 

22 of performance for the program of employ23 ment and training activities authorized 

24 under sections 132(a)(2), 134, and 175, the 

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1 tivities authorized under title II, and the 

2 program authorized under title I of the Re3 habilitation Act of 1973 (29 U.S.C. 720 et 

4 seq.), other than section 112 or part C of 

5 that title (29 U.S.C. 732, 741), shall consist 

6 of the following indicators of performance, 

7 each disaggregated by the populations iden8 tified in the State and local plans: 

9 ‘‘(I) the percentage and number of 

10 program participants who are in un11 subsidized employment during the sec12 ond full calendar quarter after exit 

13 from the program; 

14 ‘‘(II) the percentage and number 

15 of program participants who are in 

16 unsubsidized employment during the 

17 fourth full calendar quarter after exit 

18 from the program; 

19 ‘‘(III) the median earnings of pro20 gram participants who are in unsub21 sidized employment during the second 

22 full calendar quarter after exit from 

23 the program compared to the median 

24 earnings of such participants prior to 


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1 the training received under such pro2 gram; 

3 ‘‘(IV) the percentage and number 

4 of program participants who obtain a 

5 recognized postsecondary credential, 

6 including a registered apprenticeship, 

7 an industry-recognized credential, or a 

8 regular secondary school diploma or its 

9 recognized equivalent (subject to clause 

10 (iii)), during participation in or with11 in 1 year after exit from program; 

12 ‘‘(V) the percentage and number 

13 of program participants who, during a 

14 program year— 

15 ‘‘(aa) are in an education or 

16 training program that leads to a 

17 recognized postsecondary creden18 tial, including a registered ap19 prenticeship or on-the-job training 

20 program, an industry-recognized 

21 credential, a regular secondary 

22 school diploma or its recognized 

23 equivalent, or unsubsidized em24 ployment; and 


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1 ‘‘(bb) are achieving measur2 able basic skill gains toward such 

3 a credential or employment; and 

4 ‘‘(VI) the percentage and number 

5 of program participants who obtain 

6 unsubsidized employment in the field 

7 relating to the training services de8 scribed in section 134(c)(4) that such 

9 participants received. 

10 ‘‘(ii) INDICATOR RELATING TO CRE11 DENTIAL.—For purposes of clause (i)(IV), 

12 program participants who obtain a regular 

13 secondary school diploma or its recognized 

14 equivalent shall be included in the percent15 age counted as meeting the criterion under 

16 such clause only if such participants, in ad17 dition to obtaining such diploma or its rec18 ognized equivalent, have, within 1 year 

19 after exit from the program, obtained or re20 tained employment, have been removed from 

21 public assistance, or are in an education or 

22 training program leading to a recognized 

23 postsecondary credential described in clause 

24 (i)(IV). 


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

2 may identify in the State plan additional indi3 cators for workforce investment activities author4 ized under this subtitle.’’; and 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A)— 

7 (I) in the heading, by striking 

8 ‘‘AND CUSTOMER SATISFACTION INDI9 CATOR’’; 

10 (II) in clause (i), by striking 

11 ‘‘and the customer satisfaction indi12 cator described in paragraph (2)(B)’’; 

13 (III) in clause (ii), by striking 

14 ‘‘and the customer satisfaction indi15 cator of performance, for the first 3’’ 

16 and inserting ‘‘, for the first 2’’; 

17 (IV) in clause (iii)— 

18 (aa) in the heading, by strik19 ing ‘‘3 YEARS’’ and inserting ‘‘2

20 YEARS’’; and 

21 (bb) by striking ‘‘and the 

22 customer satisfaction indicator of 

23 performance, for the first 3 pro24 gram years’’ and inserting ‘‘for 

25 the first 2 program years’’; 


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1 (V) in clause (iv)— 

2 (aa) by striking subclause (I) 

3 and redesignating subclauses (II) 

4 and (III) as subclauses (I) and 

5 (II), respectively; and 

6 (bb) in subclause (I) (as so 

7 redesignated)— 

8 (AA) by striking ‘‘tak9 ing into account’’ and insert10 ing ‘‘which shall be adjusted 

11 based on’’; 

12 (BB) by inserting ‘‘, 

13 such as unemployment rates 

14 and job losses or gains in 

15 particular industries’’ after 

16 ‘‘economic conditions’’; and 

17 (CC) by inserting ‘‘, 

18 such as indicators of poor 

19 work experience, dislocation 

20 from high-wage employment, 

21 low levels of literacy or 

22 English proficiency, dis23 ability status, including the 

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1 abilities, and welfare depend2 ency’’ after ‘‘program’’; 

3 (VI) by striking clause (v) and re4 designating clause (vi) as clause (v); 

5 and 

6 (VII) in clause (v) (as so redesig7 nated), 

8 (aa) by striking ‘‘described 

9 in clause (iv)(II)’’ and inserting 

10 ‘‘described in clause (iv)(I)’’; and 

11 (bb) by striking ‘‘or (v)’’; and 

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

13 ‘‘paragraph (2)(C)’’ and inserting ‘‘para14 graph (2)(B)’’; 

15 (2) in subsection (c)(1)(A)— 

16 (A) by amending clause (i) to read as fol17 lows: ‘‘(i) the core indicators of performance de18 scribed in subsection (b)(2)(A) for activities de19 scribed in such subsections, other than statewide 

20 workforce investment activities; and’’; 

21 (B) in clause (ii), by striking ‘‘(b)(2)(C)’’ 

22 and inserting ‘‘(b)(2)(B)’’; and 

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

24 follows: 


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1 ‘‘(3) DETERMINATIONS.—In determining such 

2 local levels of performance, the local board, the chief 

3 elected official, and the Governor shall ensure such 

4 levels are adjusted based on the specific economic 

5 characteristics (such as unemployment rates and job 

6 losses or gains in particular industries), demographic 

7 characteristics, or other characteristics of the popu8 lation to be served in the local area, such as poor 

9 work history, lack of work experience, dislocation 

10 from high-wage employment, low levels of literacy or 

11 English proficiency, disability status, including the 

12 number of veterans with disabilities, and welfare de13 pendency.’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘127 or’’; 

17 (ii) by inserting ‘‘maintain a central 

18 repository of policies related to access, eligi19 bility, availability of services, and other 

20 matters approved by the State board and 

21 plans and such policies approved by each 

22 local board and make such repository avail23 able to the public, including by electronic 

24 means and shall’’ after ‘‘132 shall’’; and 


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1 (iii) 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 informational activities);’’ 

10 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 a semi15 colon; 

16 (v) by adding at the end, the following: 

17 ‘‘(G) with respect to each local area in the 

18 State— 

19 ‘‘(i) the number of individuals who re20 ceived work ready services described under 

21 section 134(c)(2) and the number of indi22 viduals who received training services de23 scribed under section 134(c)(4) during the 

24 most recent program year and fiscal year, 

25 and the preceding 5 program years, where 


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1 the individuals received the training, 

2 disaggregated by the type of entity that pro3 vided the training, and the amount of funds 

4 spent on each type of service; 

5 ‘‘(ii) the number of individuals who 

6 successfully exited out of work ready services 

7 described under section 134(c)(2) and the 

8 number of individuals who exited out of 

9 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 

25 received the training, disaggregated by the 


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1 type of entity that provided the training; 

2 and 

3 ‘‘(H) the amount of funds spent on training 

4 services and discretionary one-stop delivery ac5 tivities, disaggregated by the populations identi6 fied in the State and local plans.’’; 

7 (C) in paragraph (3)(A), by striking 

8 ‘‘through publication’’ and inserting ‘‘through 

9 electronic means’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(4) DATA VALIDATION.—In preparing the re12 ports described in this subsection, each State shall es13 tablish procedures, consistent with guidelines issued 

14 by the Secretary, to ensure the information contained 

15 in the report is valid and reliable.’’; 

16 (4) in subsection (g)— 

17 (A) in paragraph (1)(A), by striking ‘‘or 

18 (B)’’; 

19 (B) in paragraph (1)(B), by striking ‘‘may 

20 reduce by not more than 5 percent,’’ and insert21 ing ‘‘shall reduce’’; and 

22 (C) by striking paragraph (2) and inserting 

23 the following: 

24 ‘‘(2) FUNDS RESULTING FROM REDUCED ALLOT25 MENTS.—The Secretary shall return to the Treasury 


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1 the amount retained, as a result of a reduction in an 

2 allotment to a State made under paragraph (1)(B).’’; 

3 (5) in subsection (h)(1), by striking ‘‘or (B)’’; 

4 (6) in subsection (h)(2)— 

5 (A) in subparagraph (A), by amending the 

6 matter preceding clause (i) to read as follows: 

7 ‘‘(A) IN GENERAL.—If such failure con8 tinues for a second consecutive year, the Gov9 ernor shall take corrective actions, including the 

10 development of a reorganization plan. Such plan 

11 shall—’’; 

12 (B) by redesignating subparagraphs (B) 

13 and (C) as subparagraphs (C) and (D), respec14 tively; 

15 (C) by inserting after subparagraph (A), the 

16 following: 

17 ‘‘(B) REDUCTION IN THE AMOUNT OF

18 GRANT.—If such failure continues for a third 

19 consecutive year, the Governor of a State shall 

20 reduce the amount of the grant that would (in 

21 the absence of this subparagraph) be payable to 

22 the local area under such program for the pro23 gram year after such third consecutive year. 

24 Such penalty shall be based on the degree of fail25 ure to meet local levels of performance.’’; 


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1 (D) in subparagraph (C)(i) (as so redesig2 nated), by striking ‘‘a reorganization plan under 

3 subparagraph (A) may, not later than 30 days 

4 after receiving notice of the reorganization plan, 

5 appeal to the Governor to rescind or revise such 

6 plan’’ and inserting ‘‘corrective actions under 

7 subparagraphs (A) and (B) may, not later than 

8 30 days after receiving notice of the actions, ap9 peal to the Governor to rescind or revise such ac10 tions’’; and 

11 (E) in subparagraph (D) (as so redesig12 nated), by striking ‘‘subparagraph (B)’’ each 

13 place it appears and inserting ‘‘subparagraph 

14 (C)’’; 

15 (7) in subsection (i)(1)(C), by striking 

16 ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; 

17 (8) in subsection (i)(1)(B), by striking ‘‘sub18 section (b)(2)(C)’’ and inserting ‘‘subsection 

19 (b)(2)(B)’’; and 

20 (9) by adding at the end the following subsection: 

21 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO22 GRAMS.—In addition to the programs carried out under 

23 chapter 5, and consistent with the requirements of the ap24 plicable authorizing laws, the Secretary shall use the core 

25 indicators of performance described in subsection (b)(2)(A) 


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1 to assess the effectiveness of the programs described under 

2 section 121(b)(1)(B) that are carried out by the Secretary.’’. 

3 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 137 (29 U.S.C. 2872) is amended to read as 

5 follows: 

6 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated to carry out 

8 the activities described in section 132, $6,292,486,000 for 

9 fiscal year 2013 and each of the 5 succeeding fiscal years.’’. 

10 Subtitle C—Job Corps 

11 SEC. 116. JOB CORPS PURPOSES. 

12 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is 

13 amended to read as follows: 

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

15 for at-risk youth, carried out in partnership with 

16 States and communities, to assist eligible youth to 

17 connect to the workforce by providing them with in18 tensive academic, career and technical education, and 

19 service-learning opportunities, in residential and 

20 nonresidential centers, in order for such youth to ob21 tain regular secondary school diplomas, industry-rec22 ognized credentials, or recognized postsecondary cre23 dentials leading to successful careers in in-demand 

24 industries that will result in opportunities for ad25 vancement;’’. 


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1 SEC. 117. JOB CORPS DEFINITIONS. 

2 Section 142 (29 U.S.C. 2882) is amended— 

3 (1) in paragraph (2)— 

4 (A) in the paragraph heading, by striking 

5 ‘‘APPLICABLE’’; 

6 (B) by striking ‘‘applicable’’; 

7 (C) by striking ‘‘customer service’’; and 

8 (D) by striking ‘‘intake’’ and inserting ‘‘as9 sessment’’; 

10 (2) in paragraph (4), by striking ‘‘before com11 pleting the requirements’’ and all that follows and in12 serting ‘‘prior to becoming a graduate.’’; and 

13 (3) in paragraph (5), by striking ‘‘has completed 

14 the requirements’’ and all that follows and inserting 

15 the following: ‘‘who, as a result of participation in the 

16 Job Corps program, has received a regular secondary 

17 school diploma, completed the requirements of a ca18 reer and technical education and training program, 

19 or received, or is making satisfactory progress (as de20 fined under section 484(c) of the Higher Education 

21 Act of 1965 (20 U.S.C. 1091(c)) toward receiving, a 

22 recognized postsecondary credential, including an in23 dustry-recognized credential that prepares individuals 

24 for employment leading to economic self-sufficiency.’’. 

25 SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

26 Section 144 (29 U.S.C. 2884) is amended— 


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1 (1) by amending paragraph (1) to read as fol2 lows: 

3 ‘‘(1) not less than age 16 and not more than age 

4 24 on the date of enrollment;’’; 

5 (2) in paragraph (3)(B), by inserting ‘‘sec6 ondary’’ before ‘‘school’’; and 

7 (3) in paragraph (3)(E), by striking ‘‘voca8 tional’’ and inserting ‘‘career and technical education 

9 and’’. 

10 SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND AS11 SIGNMENT OF ENROLLEES. 

12 Section 145 (29 U.S.C. 2885) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2)(C)(i) by striking ‘‘vo15 cational’’ and inserting ‘‘career and technical 

16 education and training’’; 

17 (B) in paragraph (3)— 

18 (i) by striking ‘‘To the extent prac19 ticable, the’’ and inserting ‘‘The’’; 

20 (ii) in subparagraph (A)— 

21 (I) by striking ‘‘applicable’’; and 

22 (II) by inserting ‘‘and’’ after the 

23 semicolon; 

24 (iii) by striking subparagraphs (B) 

25 and (C); and 


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1 (iv) by adding at the end the following: 

2 ‘‘(B) organizations that have a dem3 onstrated record of effectiveness in placing at4 risk youth into employment.’’; and 

5 (C) in paragraph (5), by inserting at the 

6 end the following: ‘‘The Secretary shall allot not 

more than 1 7 ⁄2 of 1 percent of the budget of the 

8 Job Corps program for the purpose of this para9 graph.’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (B), by inserting 

13 ‘‘and agrees to such rules’’ after ‘‘failure to 

14 observe the rules’’; and 

15 (ii) by amending subparagraph (C) to 

16 read as follows: 

17 ‘‘(C) the individual has passed a back18 ground check conducted in accordance with pro19 cedures established by the Secretary, which shall 

20 include— 

21 ‘‘(i) a search of the State criminal reg22 istry or repository in the State where the 

23 individual resides and each State where the 

24 individual previously resided; 


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1 ‘‘(ii) a search of State-based child 

2 abuse and neglect registries and databases 

3 in the State where the individual resides 

4 and each State where the individual pre5 viously resided; 

6 ‘‘(iii) a search of the National Crime 

7 Information Center; 

8 ‘‘(iv) a Federal Bureau of Investiga9 tion fingerprint check using the Integrated 

10 Automated Fingerprint Identification Sys11 tem; and 

12 ‘‘(v) a search of the National Sex Of13 fender Registry established under the Adam 

14 Walsh Child Protection and Safety Act of 

15 2006 (42 U.S.C. 16901 et seq.).’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.—An 

19 individual shall be ineligible for enrollment if the in20 dividual— 

21 ‘‘(A) makes a false statement in connection 

22 with the criminal background check described in 

23 paragraph (1)(C); 

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1 tional Sex Offender Registry established under 

2 the Adam Walsh Child Protection and Safety Act 

3 of 2006 (42 U.S.C. 16901 et seq.); or 

4 ‘‘(C) has been convicted of a felony con5 sisting of— 

6 ‘‘(i) homicide; 

7 ‘‘(ii) child abuse or neglect; 

8 ‘‘(iii) a crime against children, includ9 ing child pornography; 

10 ‘‘(iv) a crime involving rape or sexual 

11 assault; or 

12 ‘‘(v) physical assault, battery, or a 

13 drug-related offense, committed within the 

14 past 5 years.’’. 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘2 years’’ and inserting 

18 ‘‘year’’; and 

19 (ii) by striking ‘‘an assignment’’ and 

20 inserting ‘‘a’’; 

21 (B) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘, every 2 years,’’; 

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

25 ‘‘and’’ at the end; and 


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1 (iii) in subparagraph (C)— 

2 (I) by inserting ‘‘the education 

3 and training’’ after ‘‘including’’; and 

4 (II) by striking the period at the 

5 end and inserting ‘‘; and’’; and 

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

7 ‘‘(D) the performance of the Job Corps cen8 ter relating to the indicators described in para9 graphs (1) and (2) in section 159(c)(1), and 

10 whether any actions have been taken with respect 

11 to such center pursuant to paragraph (3) of sec12 tion 159(f).’’; 

13 (4) in subsection (d)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘is closest to the 

17 home of the enrollee, except that the’’ and 

18 inserting ‘‘offers the type of career and tech19 nical education and training selected by the 

20 individual and, among the centers that offer 

21 such education and training, is closest to 

22 the home of the individual. The’’; 

23 (ii) by striking subparagraph (A); and 


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1 (iii) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (A) and (B), 

3 respectively; and 

4 (B) in paragraph (2), by inserting ‘‘that of5 fers the career and technical education and 

6 training desired by’’ after ‘‘home of the enrollee’’. 

7 SEC. 120. JOB CORPS CENTERS. 

8 Section 147 (29 U.S.C. 2887) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘vocational’’ both places it appears and in13 serting ‘‘career and technical’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘may’’ and insert16 ing ‘‘shall’’; 

17 (II) by inserting ‘‘that resides in 

18 the State in which the Jobs Corps cen19 ter is located’’ before ‘‘to provide’’; and 

20 (III) by inserting before the pe21 riod at the end the following: ‘‘, as ap22 propriate’’; 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘subsections (c) 

2 and (d) of section 303 of the Federal 

3 Property and Administrative Services 

4 Act of 1949 (41 U.S.C. 253)’’ and in5 serting ‘‘subsections (a) and (b) of sec6 tion 3304 of title 41, United States 

7 Code’’; and 

8 (II) by striking ‘‘industry coun9 cil’’ and inserting ‘‘workforce council’’; 

10 (ii) in subparagraph (B)(i)— 

11 (I) by amending subclause (II) to 

12 read as follows: 

13 ‘‘(II) the ability of the entity to 

14 offer career and technical education 

15 and training that the workforce council 

16 proposes under section 154(c);’’; 

17 (II) in subclause (III), by striking 

18 ‘‘is familiar with the surrounding com19 munities,’’ and inserting ‘‘dem20 onstrates relationships with the sur21 rounding communities, employers, 

22 workforce boards,’’ and by striking 

23 ‘‘and’’ at the end; 

24 (III) by amending subclause (IV) 

25 to read as follows: 


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1 ‘‘(IV) the performance of the enti2 ty, if any, relating to operating or pro3 viding activities described in this sub4 title to a Job Corps center, including 

5 the entity’s demonstrated effectiveness 

6 in assisting individuals in achieving 

7 the primary and secondary indicators 

8 of performance described in para9 graphs (1) and (2) of section 159(c); 

10 and’’; and 

11 (IV) by adding at the end the fol12 lowing new subclause: 

13 ‘‘(V) the ability of the entity to 

14 demonstrate a record of successfully as15 sisting at-risk youth to connect to the 

16 workforce, including by providing them 

17 with intensive academic, and career 

18 and technical education and train19 ing.’’; and 

20 (iii) in subparagraph (B)(ii), by strik21 ing ‘‘, as appropriate’’; 

22 (2) in subsection (b), by striking ‘‘In any year, 

23 no more than 20 percent of the individuals enrolled 

24 in the Job Corps may be nonresidential participants 

25 in the Job Corps.’’; 


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

3 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

4 ‘‘(1) IN GENERAL.—The Job Corps centers may 

5 include Civilian Conservation Centers, operated 

6 under an agreement between the Secretary of Labor 

7 and the Secretary of Agriculture, that are located pri8 marily in rural areas. Such centers shall adhere to all 

9 the provisions of this subtitle, and shall provide, in 

10 addition to education, career and technical education 

11 and training, and workforce preparation skills train12 ing described in section 148, programs of work experi13 ence to conserve, develop, or manage public natural 

14 resources or public recreational areas or to develop 

15 community projects in the public interest. 

16 ‘‘(2) SELECTION PROCESS.—The Secretary shall 

17 select an entity that submits an application under 

18 subsection (d) to operate a Civilian Conservation 

19 Center on a competitive basis, as provided in sub20 section (a).’’; and 

21 (4) by striking subsection (d) and inserting the 

22 following: 

23 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

24 Corps center under this subtitle, an entity shall submit an 

25 application to the Secretary at such time, in such manner, 


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1 and containing such information as the Secretary may re2 quire, including— 

3 ‘‘(1) a description of the program activities that 

4 will be offered at the center, including how the career 

5 and technical education and training reflect State 

6 and local employment opportunities, including in in7 demand industries; 

8 ‘‘(2) a description of the counseling, placement, 

9 and support activities that will be offered at the cen10 ter, including a description of the strategies and pro11 cedures the entity will use to place graduates into un12 subsidized employment upon completion of the pro13 gram; 

14 ‘‘(3) a description of the demonstrated record of 

15 effectiveness that the entity has in placing at-risk 

16 youth into employment, including past performance 

17 of operating a Job Corps center under this subtitle; 

18 ‘‘(4) a description of the relationships that the 

19 entity has developed with State and local workforce 

20 boards, employers, State and local educational agen21 cies, and the surrounding communities in an effort to 

22 promote a comprehensive statewide workforce develop23 ment system; 


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1 ‘‘(5) a description of the strong fiscal controls the 

2 entity has in place to ensure proper accounting of 

3 Federal funds; 

4 ‘‘(6) a description of the strategies and policies 

5 the entity will utilize to reduce participant costs; 

6 ‘‘(7) a detailed budget of the activities that will 

7 be supported using funds under this subtitle; 

8 ‘‘(8) a detailed budget of the activities that will 

9 be supported using funds from non-Federal resources; 

10 ‘‘(9) an assurance the entity will comply with 

11 the administrative cost limitation included in section 

12 151(c); 

13 ‘‘(10) an assurance the entity is licensed to oper14 ate in the State in which the center is located; and 

15 ‘‘(11) an assurance the entity will comply with 

16 and meet basic health and safety codes, including 

17 those measures described in section 152(b). 

18 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de19 scribed in subsection (a)(1)(A) shall be for not longer than 

20 a 2-year period. The Secretary may renew the agreement 

21 for 3 one-year periods if the entity meets the requirements 

22 of subsection (f). 

23 ‘‘(f) RENEWAL.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

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1 scribed in subsection (a)(1)(A) for an entity to oper2 ate a Job Corps center if the center meets or exceeds 

3 each of the indicators of performance described in sec4 tion 159(c)(1). 

5 ‘‘(2) RECOMPETITION.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding para7 graph (1), the Secretary shall not renew the 

8 terms of the agreement for an entity to operate 

9 a Job Corps center if such center is ranked in 

10 the bottom quintile of centers described in section 

11 159(f)(2) for any program year. Such entity 

12 may submit a new application under subsection 

13 (d) only if such center has shown significant im14 provement in the indicators of performance de15 scribed in section 159(c)(1) over the last program 

16 year. 

17 ‘‘(B) VIOLATIONS.—The Secretary shall not 

18 select an entity to operate a Job Corps center if 

19 such entity or such center has been found to have 

20 a systemic or substantial material failure that 

21 involves— 

22 ‘‘(i) a threat to the health, safety, or 

23 civil rights of program participants or staff; 

24 ‘‘(ii) the misuse of funds received 

25 under this subtitle; 


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1 ‘‘(iii) loss of legal status or financial 

2 viability, loss of permits, debarment from 

3 receiving Federal grants or contracts, or the 

4 improper use of Federal funds; 

5 ‘‘(iv) failure to meet any other Federal 

6 or State requirement that the entity has 

7 shown an unwillingness or inability to cor8 rect, after notice from the Secretary, within 

9 the period specified; or 

10 ‘‘(v) an unresolved area of noncompli11 ance. 

12 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

13 after the date of enactment of the Workforce Investment Im14 provement Act of 2012 and notwithstanding any previous 

15 grant award or renewals of such award under this subtitle, 

16 the Secretary shall require all entities operating a Job 

17 Corps center under this subtitle to submit an application 

18 under subsection (d) to carry out the requirements of this 

19 section.’’. 

20 SEC. 121. PROGRAM ACTIVITIES. 

21 Section 148 (29 U.S.C. 2888) is amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

25 CENTERS.— 


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1 ‘‘(1) IN GENERAL.—Each Job Corps center shall 

2 provide enrollees with an intensive, well-organized, 

3 and supervised program of education, career, and 

4 technical education and training, work experience, 

5 recreational activities, physical rehabilitation and de6 velopment, and counseling. Each Job Corps center 

7 shall provide enrollees assigned to the center with ac8 cess to work-ready services described in section 

9 134(c)(2). 

10 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

11 ‘‘(A) IN GENERAL.—The activities provided 

12 under this subsection shall be targeted to helping 

13 enrollees, on completion of their enrollment— 

14 ‘‘(i) secure and maintain meaningful 

15 unsubsidized employment; 

16 ‘‘(ii) complete secondary education and 

17 obtain a regular secondary school diploma; 

18 ‘‘(iii) enroll in and complete postsec19 ondary education or training programs, in20 cluding obtaining recognized postsecondary 

21 credentials, industry-recognized credentials, 

22 and registered apprenticeships; or 

23 ‘‘(iv) satisfy Armed Forces require24 ments. 


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1 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI2 TIES.—The career and technical education and 

3 training provided shall be linked to the employ4 ment opportunities in in-demand industries in 

5 the State in which the Job Corps center is lo6 cated.’’; and 

7 (2) in subsection (b)— 

8 (A) in the subsection heading, by striking 

9 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

10 ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU11 CATION AND’’; 

12 (B) by striking ‘‘may’’ after ‘‘The Sec13 retary’’ and inserting ‘‘shall’’; and 

14 (C) by striking ‘‘vocational’’ each place it 

15 appears and inserting ‘‘career and technical’’; 

16 and 

17 (3) in paragraph (3) of subsection (c), by strik18 ing ‘‘have achieved a satisfactory rate of completion 

19 and placement in training-related jobs’’ and inserting 

20 ‘‘have met or exceeded the performance measurements 

21 in paragraphs (1) and (2) in section 159(c)’’. 

22 SEC. 122. COUNSELING AND JOB PLACEMENT. 

23 Section 149 (29 U.S.C. 2889) is amended— 

24 (1) in subsection (a), by striking ‘‘vocational’’ 

25 and inserting ‘‘career and technical education and’’; 


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1 (2) in subsection (b), by striking ‘‘make every ef2 fort to arrange to’’; and 

3 (3) by striking subsection (d). 

4 SEC. 123. SUPPORT. 

5 Subsection (b) of section 150 (29 U.S.C. 2890) is 

6 amended to read as follows: 

7 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

8 GRADUATES.—The Secretary shall arrange for a transition 

9 allowance to be paid to graduates. The transition allowance 

10 shall be incentive-based to reflect a graduate’s completion 

11 of academic, career and technical education or training, 

12 and attainment of a recognized postsecondary credential, 

13 including an industry-recognized credential.’’. 

14 SEC. 124. OPERATIONS. 

15 Section 151 (29 U.S.C. 2891) is amended— 

16 (1) in the header, by striking ‘‘OPERATING

17 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

18 (2) in subsection (a), by striking ‘‘IN GEN19 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

20 (3) by striking subsection (b) and redesignating 

21 subsection (c) as subsection (b); 

22 (4) by amending subsection (b) (as so redesig23 nated)— 

24 (A) in the heading by inserting ‘‘OF OPER25 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 


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1 (B) by striking ‘‘subsections (a) and (b)’’ 

2 and inserting ‘‘subsection (a)’’; and 

3 (5) by adding at the end the following new sub4 section: 

5 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 per6 cent of the funds allotted under section 147 to an entity 

7 selected to operate a Job Corps center may be used by the 

8 entity for administrative costs under this subtitle.’’. 

9 SEC. 125. COMMUNITY PARTICIPATION. 

10 Section 153 (29 U.S.C. 2893) is amended to read as 

11 follows: 

12 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

13 ‘‘The director of each Job Corps center shall encourage 

14 and cooperate in activities to establish a mutually bene15 ficial relationship between Job Corps centers in the State 

16 and nearby communities. Such activities may include the 

17 use of any local workforce development boards established 

18 under section 117 to provide a mechanism for joint discus19 sion of common problems and for planning programs of 

20 mutual interest.’’. 

21 SEC. 126. WORKFORCE COUNCILS. 

22 Section 154 (29 U.S.C. 2894) is amended to read as 

23 follows: 


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1 ‘‘SEC. 154. WORKFORCE COUNCILS. 

2 ‘‘(a) IN GENERAL.—Each Job Corps center shall have 

3 a workforce council appointed by the Governor of the State 

4 in which the Job Corps center is located. 

5 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 

6 ‘‘(1) IN GENERAL.—A workforce council shall be 

7 comprised of— 

8 ‘‘(A) business members of the State Board 

9 described in section 111(b)(1)(B)(i); 

10 ‘‘(B) business members of the local Boards 

11 described in section 117(b)(2)(A) located in the 

12 State; 

13 ‘‘(C) a representative of the State Board de14 scribed in section 111(f); and 

15 ‘‘(D) such other representatives and State 

16 agency officials as the Governor may designate. 

‘‘(2) MAJORITY.—A 2 17 ⁄3rds majority of the mem18 bers of the workforce council shall be representatives 

19 described in paragraph (1)(A). 

20 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

21 workforce council shall be— 

22 ‘‘(1) to review all the relevant labor market in23 formation, including related information in the State 

24 workforce plan in section 112, to— 


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1 ‘‘(A) determine the in-demand industries in 

2 the State in which enrollees intend to seek em3 ployment after graduation; 

4 ‘‘(B) determine the skills and education that 

5 are necessary to obtain the employment opportu6 nities described in subparagraph (A); and 

7 ‘‘(C) determine the type or types of career 

8 and technical education and training that will 

9 be implemented at the center to enable the enroll10 ees to obtain the employment opportunities; and 

11 ‘‘(2) to meet at least once a year to reevaluate 

12 the labor market information, and other relevant in13 formation, to determine any necessary changes in the 

14 career and technical education and training provided 

15 at the center. 

16 ‘‘(d) NEW CENTERS.—The workforce council for a Job 

17 Corps center that is not yet operating shall carry out the 

18 responsibilities described in subsection (c) at least 3 months 

19 prior to the date on which the center accepts the first en20 rollee at the center.’’. 

21 SEC. 127. TECHNICAL ASSISTANCE. 

22 Section 156 is amended to read as follows: 

23 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

24 ‘‘(a) IN GENERAL.—From the funds reserved under 

25 section 132(a)(3), the Secretary shall provide, directly or 


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1 through grants, contracts, or other agreements or arrange2 ments as the Secretary considers appropriate, technical as3 sistance and training for the Job Corps program for the 

4 purposes of improving program quality. 

5 ‘‘(b) ACTIVITIES.—In providing training and tech6 nical assistance and for allocating resources for such assist7 ance, the Secretary shall— 

8 ‘‘(1) assist entities, including those entities not 

9 currently operating a Job Corps center, in developing 

10 the application described in section 147(d); 

11 ‘‘(2) assist Job Corps centers and programs in 

12 correcting deficiencies and violations under this sub13 title; 

14 ‘‘(3) assist Job Corps centers and programs in 

15 meeting or exceeding the indicators of performance 

16 described in paragraph (1) and (2) of section 159; 

17 and 

18 ‘‘(4) assist Job Corps centers and programs in 

19 the development of sound management practices, in20 cluding financial management procedures.’’. 

21 SEC. 128. SPECIAL PROVISIONS. 

22 Section 158 (29 U.S.C. 2989) is amended— 

23 (1) by amending paragraph (1) in subsection 

24 (c), by striking ‘‘title II of the Federal Property and 

25 Administrative Services Act of 1949 (40 U.S.C. 481 


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1 et seq.)’’ and inserting ‘‘chapter of 5 title 40, United 

2 States Code,’’; 

3 (2) by striking subsection (e); and 

4 (3) by redesignating subsections (f) and (g) as 

5 subsections (e) and (f), respectively. 

6 SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

7 Section 159 (29 U.S.C. 2899) is amended— 

8 (1) in the section heading, by striking ‘‘MAN9 AGEMENT INFORMATION’’ and inserting ‘‘PER10 FORMANCE ACCOUNTABILITY AND MANAGE11 MENT’’; and 

12 (2) by striking subsections (c) through (g); 

13 (3) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) INDICATORS OF PERFORMANCE.— 

16 ‘‘(1) PRIMARY INDICATORS.—The annual pri17 mary indicators of performance for Job Corps centers 

18 shall include— 

19 ‘‘(A) the percentage and number of enrollees 

20 who graduate from the Job Corps center; 

21 ‘‘(B) the percentage and number of grad22 uates who entered unsubsidized employment re23 lated to the career and technical education and 

24 training received through the Job Corps center, 

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1 rollment in education, the military or volunteer 

2 service; 

3 ‘‘(C) the percentage and number of grad4 uates who obtained a recognized postsecondary 

5 credential, including an industry-recognized cre6 dential or a registered apprenticeship; and 

7 ‘‘(D) the cost per successful performance 

8 outcome, which is calculated by comparing the 

9 number graduates who were placed in a job or 

10 obtained a recognized credential, including an 

11 industry-recognized credential, to total program 

12 costs, including all operations, construction, and 

13 administration costs at each Job Corp center. 

14 ‘‘(2) SECONDARY INDICATORS.—The annual sec15 ondary indicators of performance for Job Corps cen16 ters shall include— 

17 ‘‘(A) the percentage and number of grad18 uates who entered unsubsidized employment not 

19 related to the career and technical education and 

20 training received through the Job Corps center; 

21 ‘‘(B) the percentage and number of grad22 uates who entered into postsecondary education; 

23 ‘‘(C) the percentage and number of grad24 uates who entered into the military; 


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1 ‘‘(D) the average wage of graduates who are 

2 in unsubsidized employment— 

3 ‘‘(i) on the first day of employment; 

4 and 

5 ‘‘(ii) 6 months after the first day; 

6 ‘‘(E) the number and percentage of grad7 uates who entered unsubsidized employment and 

8 were retained in the unsubsidized employment— 

9 ‘‘(i) 6 months after the first day of em10 ployment; and 

11 ‘‘(ii) 12 months after the first day of 

12 employment; 

13 ‘‘(F) the percentage and number of enrollees 

14 compared to the percentage and number of en15 rollees the Secretary has established targets in 

16 section 145(c)(1); 

17 ‘‘(G) the cost per training slot, which is cal18 culated by comparing the program’s maximum 

19 number of students that can be enrolled in a Job 

20 Corps center at any given time during the pro21 gram year to the number of enrollees in the same 

22 program year; and 

23 ‘‘(H) the number and percentage of former 

24 enrollees, including the number dismissed under 


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1 the zero tolerance policy described in section 

2 152(b). 

3 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE4 CRUITERS.—The annual indicators of performance for 

5 recruiters shall include the measurements described in 

6 subparagraph (A) of paragraph (1) and subpara7 graphs (F), (G), and (H) of paragraph (2). 

8 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

9 TRANSITION SERVICE PROVIDERS.—The annual indi10 cators of performance of career transition service pro11 viders shall include the measurements described in 

12 subparagraphs (B) and (C) of paragraph (1) and 

13 subparagraphs, (B), (C), (D), (E), and (F) of para14 graph (2). 

15 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary shall 

16 collect, and submit in the report described in subsection (f), 

17 information on the performance of each Job Corps center, 

18 and the Job Corps program, regarding— 

19 ‘‘(1) the number and percentage of former enroll20 ees who obtained a regular secondary school diploma; 

21 ‘‘(2) the number and percentage of former enroll22 ees who entered unsubsidized employment; 

23 ‘‘(3) the number and percentage of former enroll24 ees who obtained a recognized postsecondary creden25 tial, including an industry-recognized credential; 


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1 ‘‘(4) the number and percentage of former enroll2 ees who entered into military service; and 

3 ‘‘(5) any additional information required by the 

4 Secretary. 

5 ‘‘(e) METHODS.—The Secretary shall collect the infor6 mation described in subsections (c) and (d), using methods 

7 described in section 136(i)(2) and consistent with State law, 

8 by entering into agreements with the States to access such 

9 data for Job Corps enrollees, former enrollees, and grad10 uates. 

11 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

12 ‘‘(1) REPORT.—The Secretary shall collect and 

13 annually submit to the Committee on Education and 

14 the Workforce of the House of Representatives and the 

15 Committee on Health, Education. Labor and Pen16 sions of the Senate, as well as make available to the 

17 public by electronic means, a report containing— 

18 ‘‘(A) information on the performance of 

19 each Job Corps center, and the Job Corps pro20 gram, on the performance indicators described in 

21 paragraphs (1) and (2) of subsection (c); 

22 ‘‘(B) a comparison of each Job Corps cen23 ter, by rank, on the performance indicators de24 scribed in paragraphs (1) and (2) of subsection 

25 (c); 


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1 ‘‘(C) a comparison of each Job Corps center, 

2 by rank, on the average performance of all pri3 mary indicators described in paragraph (1) of 

4 subsection (c); 

5 ‘‘(D) information on the performance of the 

6 service providers described in paragraphs (2) 

7 and (3) on the performance indicators estab8 lished under such paragraphs; and 

9 ‘‘(E) a comparison of each service provider, 

10 by rank, on the performance of all service pro11 viders described in paragraphs (2) and (3) on 

12 the performance indicators established under 

13 such paragraphs. 

14 ‘‘(2) ASSESSMENTS.—The Secretary shall con15 duct an annual assessment of the performance of each 

16 Job Corps center which shall include information on 

17 the Job Corps centers that— 

18 ‘‘(A) are ranked in the bottom quintile on 

19 the performance indicator described in para20 graph (1)(A)(iii); or 

21 ‘‘(B) have failed safety and health code vio22 lations described in subsection (g). 

23 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re24 spect to a Job Corps center that is identified under 

25 paragraph (2) or reports less than 50 percent on the 


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1 performance indicators described in subparagraphs 

2 (A), (B), or (C) of subsection (c)(1), the Secretary 

3 shall develop and implement a 1 year performance 

4 improvement plan. Such a plan shall require action 

5 including— 

6 ‘‘(A) providing technical assistance to the 

7 center; 

8 ‘‘(B) changing the management staff of the 

9 center; 

10 ‘‘(C) replacing the operator of the center; 

11 ‘‘(D) reducing the capacity of the center; or 

12 ‘‘(E) closing the center. 

13 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

14 Corps centers that have been identified under para15 graph (2) or report less than 50 percent on subpara16 graphs (A), (B), or (C) under subsection (c)(1), for 

17 more than 4 consecutive years shall be closed. The 

18 Secretary shall ensure— 

19 ‘‘(A) that the proposed decision to close the 

20 center is announced in advance to the general 

21 public through publication in the Federal Reg22 ister and other appropriate means; and 

23 ‘‘(B) the establishment of a reasonable com24 ment period, not to exceed 30 days, for interested 


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1 individuals to submit written comments to the 

2 Secretary. 

3 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec4 retary shall require the Federal agency, or appropriate 

5 agency responsible for inspecting public buildings and safe6 guarding the health of disadvantaged students, to conduct 

7 an in-person review of the physical condition and health8 related activities of each Job Corps center annually. Such 

9 review shall include a passing rate of occupancy under Fed10 eral and State ordinances.’’. 

11 SEC. 130. CLOSURE OF LOW-PERFORMING JOB CORPS CEN12 TERS. 

13 Section 161 (29 U.S.C. 2901) is amended to read as 

14 follows: 

15 ‘‘SEC. 161. CLOSURE OF LOW-PERFORMING JOB CORPS CEN16 TERS. 

17 ‘‘(a) AUDIT.—Not later than 3 months after the date 

18 of enactment of the Workforce Investment Improvement Act 

19 of 2012, the Secretary shall conduct an audit on the past 

20 10 years of performance of Job Corps centers, including in21 formation indicating— 

22 ‘‘(1) a comparison of each Job Corps center, by 

23 rank, on the performance indicators described in sub24 sections (c) and (d) of section 159 (as such sections 

25 were in effect on the day before the date of enactment 


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1 of the Workforce Investment Improvement Act of 

2 2012); 

3 ‘‘(2) a comparison of each Job Corps center, by 

4 rank, on the average performance of all performance 

5 indicators described in subsections (c) and (d) of sec6 tion 159 (as such sections were in effect on the day 

7 before the date of enactment of the Workforce Invest8 ment Improvement Act of 2012); and 

9 ‘‘(3) a listing of the centers, by rank, that have 

10 experienced the highest number of serious incidents of 

11 crimes of violence, as defined in section 16 of title 18, 

12 United States Code. 

13 ‘‘(b) RECOMMENDATIONS.—Not later than 6 months 

14 after the date of enactment of the Workforce Investment Im15 provement Act of 2012, the Secretary shall submit a report 

16 to the Education and the Workforce Committee of the House 

17 of Representatives and the Health, Education, Labor, and 

18 Pensions Committee of the Senate, which shall contain a 

19 detailed statement of the findings and conclusions from the 

20 audit described in subsection (a), including information in21 dicating the centers that are ranked in the bottom quintile 

22 on the performance indicators described in paragraphs (1) 

23 and (2) of subsection (a). 

24 ‘‘(c) CLOSURE.—Not later than 12 months after the 

25 date of enactment of the Workforce Investment Improvement 


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1 Act of 2012, the Secretary shall close the Job Corps centers 

2 identified under subsection (b) in accordance with section 

3 158(g). 

4 ‘‘(d) TRANSITION.—The Secretary shall ensure that 

5 program participants enrolled in low-performing Job Corps 

6 centers slated for closure under this subsection receive pri7 ority placement to enroll in another center in the State or 

8 neighboring State.’’. 

9 SEC. 131. REFORMS FOR OPENING NEW JOB CORPS CEN10 TERS. 

11 Subtitle C of title I (29 U.S.C. 2881 et seq.) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 162. REFORMS FOR OPENING NEW JOB CORPS CEN14 TERS. 

15 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

16 implement specific policies and procedures governing the se17 lection of the State and local area for construction of Job 

18 Corps centers. Such policies and procedures shall be the 

19 same across all regions, based on a needs assessment of the 

20 assignment plan described under section 145(c), and free 

21 from political favoritism, biases, or considerations. 

22 ‘‘(b) RESTRICTIONS.— 

23 ‘‘(1) NOTIFICATION OF CONGRESS.—The Sec24 retary shall notify the Education and the Workforce 

25 Committee of the House of Representatives and the 


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1 Health, Education, Labor, and Pensions Committee of 

2 the Senate before releasing a Request for Proposal for 

3 the designation and construction of a Job Corps cen4 ter. 

5 ‘‘(2) NUMBER OF CENTERS.—Except as provided 

6 under paragraph (3), the Secretary shall enter into 

7 agreements with not more than 20 Job Corps centers 

8 per region, as those regions were in effect on the date 

9 of enactment of the Workforce Investment Improve10 ment Act of 2012. 

11 ‘‘(3) EXCEPTION.—The Secretary may enter into 

12 agreements with more than 20 Job Corps centers 

13 upon approval, in writing, of the Chairman and 

14 Ranking Member of the Education and the Workforce 

15 Committee of the House of Representatives and the 

16 Health, Education, Labor, and Pensions Committee of 

17 the Senate.’’. 

18 Subtitle D—National Programs 

19 SEC. 132. TECHNICAL ASSISTANCE. 

20 Section 170 (29 U.S.C. 2915) is amended— 

21 (1) by striking subsection (b); 

22 (2) by striking: 

23 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 


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1 (3) by redesignating paragraphs (1), (2), and (3) 

2 as subsections (a), (b), and (c) respectively, and mov3 ing such subsections 2 ems to the left; 

4 (4) in subsection (a) (as so redesignated)— 

5 (A) by inserting ‘‘the training of staff pro6 viding rapid response services, the training of 

7 other staff of recipients of funds under this title, 

8 assistance regarding accounting and program 

9 operation practices (when such assistance would 

10 not be duplicative to assistance provided by the 

11 State), technical assistance to States that do not 

12 meet State performance measures described in 

13 section 136,’’ after ‘‘localities,’’; and 

14 (B) by striking ‘‘from carrying out activi15 ties’’ and all that follows up to the period and 

16 inserting ‘‘to implement the amendments made 

17 by the Workforce Investment Improvement Act of 

18 2012’’; 

19 (5) in subsection (b) (as so redesignated)— 

20 (A) by striking ‘‘paragraph (1)’’ and insert21 ing ‘‘subsection (a)’’; and 

22 (B) by striking ‘‘, or recipient of financial 

23 assistance under any of sections 166 through 

24 169,’’; 


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1 (6) in subsection (c) (as so redesignated), by 

2 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

3 (a)’’; and 

4 (7) by inserting, after subsection (c) (as so redes5 ignated), the following: 

6 ‘‘(d) BEST PRACTICES COORDINATION.—The Secretary 

7 shall— 

8 ‘‘(1) establish a system through which States 

9 may share information regarding best practices with 

10 regard to the operation of workforce investment ac11 tivities under this Act; and 

12 ‘‘(2) evaluate and disseminate information re13 garding best practices and identify knowledge gaps.’’. 

14 SEC. 133. EVALUATIONS. 

15 Section 172 (29 U.S.C. 2917) is amended— 

16 (1) in subsection (a), by striking ‘‘the Secretary 

17 shall provide for the continuing evaluation of the pro18 grams and activities, including those programs and 

19 activities carried out under section 171’’ and insert20 ing ‘‘the Secretary, through grants, contracts, or coop21 erative agreements, shall conduct, at least once every 

22 5 years, an independent evaluation of the programs 

23 and activities funded under this Act’’; 

24 (2) in subsection (a)(4) is amended to read as 

25 follows: 


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1 ‘‘(4) the impact of receiving services and not re2 ceiving services under such programs and activities 

3 on the community, businesses, and individuals;’’; 

4 (3) in subsection (c) is amended to read as fol5 lows: 

6 ‘‘(c) TECHNIQUES.—Evaluations conducted under this 

7 section shall utilize appropriate and rigorous methodology 

8 and research designs, including the use of control groups 

9 chosen by scientific random assignment methodologies, 

10 quasi-experimental methods, impact analysis and the use 

11 of administrative data. The Secretary shall conduct an im12 pact analysis, as described in subsection (a)(4), of the for13 mula grant program under subtitle B not later than 2014, 

14 and thereafter shall conduct such an analysis not less than 

15 once every four years.’’; 

16 (4) in subsection (e) is amended by striking ‘‘the 

17 Committee on Labor and Human Resources of the 

18 Senate’’ and inserting ‘‘the Committee on Health, 

19 Education, Labor, and Pensions of the Senate’’; and 

20 (5) by adding at the end, the following: 

21 ‘‘(g) PUBLIC AVAILABILITY.—The results of the evalua22 tions conducted under this section shall be made publicly 

23 available, including by posting such results on the Depart24 ment’s website.’’. 


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1 SEC. 134. MILITARY TRANSITIONAL ASSISTANCE. 

2 Subtitle D of title I (29 U.S.C. 2911 et seq.) is amend3 ed by adding at the end the following: 

4 ‘‘SEC. 175. MILITARY TRANSITIONAL ASSISTANCE. 

5 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

6 with the Secretaries of Defense, Homeland Security, and 

7 Veterans Affairs, shall establish and carry out a program 

8 to furnish counseling, assistance in identifying employment 

9 and training opportunities, help in obtaining such employ10 ment and training, and other related information and serv11 ices to members of the armed forces under the jurisdiction 

12 of the Secretary concerned who are being separated from 

13 active duty and the spouses of such members. Such services 

14 shall be provided to a member within the time periods pro15 vided under paragraph (3) of section 1142(a) of title 10, 

16 United States Code, except that the Secretary concerned 

17 shall not provide pre-separation counseling to a member de18 scribed in paragraph (4)(A) of such section. 

19 ‘‘(b) ELEMENTS OF PROGRAM.—In establishing and 

20 carrying out a program under this section, the Secretary 

21 shall— 

22 ‘‘(1) provide information concerning employment 

23 and training assistance, including— 

24 ‘‘(A) labor market information; 

25 ‘‘(B) civilian work place requirements and 

26 employment opportunities; 


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1 ‘‘(C) instruction in resume preparation; 

2 and 

3 ‘‘(D) job analysis techniques, job search 

4 techniques, and job interview techniques. 

5 ‘‘(2) in providing information under paragraph 

6 (1), use experience obtained from implementation of 

7 the pilot program established under section 408 of 

8 Public Law 101-237; 

9 ‘‘(3) provide information concerning Federal, 

10 State, and local programs, and programs of military 

11 and veterans’ service organizations, that may be of 

12 assistance to such members after separation from the 

13 armed forces, including, as appropriate, the informa14 tion and services to be provided under section 1142 

15 of title 10, United States Code; 

16 ‘‘(4) inform such members that the Department 

17 of Defense and the Department of Homeland Security 

18 are required under section 1143(a) of title 10, United 

19 States Code, to provide proper certification or 

20 verification of job skills and experience acquired while 

21 on active duty that may have application to employ22 ment in the civilian sector for use in seeking civilian 

23 employment and in obtaining job search skills; 

24 ‘‘(5) provide information and other assistance to 

25 such members in their efforts to obtain loans and 


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1 grants from the Small Business Administration and 

2 other Federal, State, and local agencies; 

3 ‘‘(6) provide information about the geographic 

4 areas in which such members will relocate after sepa5 ration from the armed forces, including, to the degree 

6 possible, information about employment opportuni7 ties, the labor market, and the cost of living in those 

8 areas (including, to the extent practicable, the cost 

9 and availability of housing, child care, education, 

10 and medical and dental care); 

11 ‘‘(7) work with military and veterans service or12 ganizations and other appropriate organizations in 

13 promoting and publicizing job fairs for such members; 

14 and 

15 ‘‘(8) provide information regarding the public 

16 and community service jobs program carried out 

17 under section 1143a of title 10, United States Code. 

18 ‘‘(c) PARTICIPATION.—(1) Except as provided in para19 graph (2), the Secretary shall enter into an agreement with 

20 the Secretary of Defense and the Secretary of Homeland Se21 curity, to require the participation in the program carried 

22 out under this section of the members eligible for assistance 

23 under the program. 

24 ‘‘(2) The Secretary may, under regulations the Sec25 retary of Defense and the Secretary of Homeland Security 


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1 prescribe, waive the participation requirement of para2 graph (1) with respect to— 

3 ‘‘(A) such groups or classifications of members as 

4 the Secretary determines, after consultation with the 

5 Secretary of Defense, Secretary of Homeland Security 

6 and the Secretary of Veterans Affairs, for whom par7 ticipation is not and would not be of assistance to 

8 such members based on the Secretaries’ articulable 

9 justification that there is extraordinarily high reason 

10 to believe the exempted members are unlikely to face 

11 major readjustment, health care, employment, or other 

12 challenges associated with transition to civilian life; 

13 and 

14 ‘‘(B) individual members possessing specialized 

15 skills who, due to unavoidable circumstances, are 

16 needed to support a unit’s imminent deployment. 

17 ‘‘(d) USE OF PERSONNEL AND ORGANIZATIONS.—In 

18 carrying out the program established under this section, the 

19 Secretaries— 

20 ‘‘(1) shall use the veterans employment specialist 

21 appointed under section 134(f); and 

22 ‘‘(2) may— 

23 ‘‘(A) use other employment service personnel 

24 funded by the Department of Labor to the extent 

25 that the Secretary of Labor determines that such 


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1 use will not significantly interfere with the pro2 vision of services or other benefits to eligible vet3 erans and other eligible recipients of such serv4 ices or benefits; 

5 ‘‘(B) use military and civilian personnel of 

6 the Department of Defense and the Department 

7 of Homeland Security; 

8 ‘‘(C) use personnel of the Veterans Benefits 

9 Administration of the Department of Veterans 

10 Affairs and other appropriate personnel of that 

11 Department; 

12 ‘‘(D) use representatives of military and 

13 veterans service organizations; 

14 ‘‘(E) enter into contracts with public enti15 ties; 

16 ‘‘(F) enter into contracts with private enti17 ties, particularly with qualified private entities 

18 that have experience with instructing members of 

19 the armed forces eligible for assistance under the 

20 program carried out under this section on— 

21 ‘‘(i) private sector culture, resume 

22 writing, career networking, and training on 

23 job search technologies; 

24 ‘‘(ii) academic readiness and edu25 cational opportunities; or 


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1 ‘‘(iii) other relevant topics; and 

2 ‘‘(G) take other necessary action to develop 

3 and furnish the information and services to be 

4 provided under this section. 

5 ‘‘(e) PARTICIPATION IN APPRENTICESHIP PRO6 GRAMS.—As part of the program carried out under this sec7 tion, the Secretary, in consultation with the Secretary of 

8 Defense and the Secretary of Homeland Security, may per9 mit a member of the armed forces eligible for assistance 

10 under the program to participate in an apprenticeship pro11 gram registered under the Act of August 16, 1937 (com12 monly known as the ‘National Apprenticeship Act’; 50 Stat. 

13 664, chapter 663; 29 U.S.C. 50 et seq.), or a pre-apprentice14 ship program that provides credit toward a program reg15 istered under such Act, that provides members of the armed 

16 forces with the education, training, and services necessary 

17 to transition to meaningful employment that leads to eco18 nomic self-sufficiency.’’. 

19 Subtitle E—Administration 

20 SEC. 135. REQUIREMENTS AND RESTRICTIONS. 

21 Section 181 (29 U.S.C. 2931) is amended— 

22 (1) in subsection (b)(6), by striking ‘‘, including 

23 representatives of businesses and of labor organiza24 tions’’; 


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1 (2) in subsection (c)(2)(A), in the matter pre2 ceding clause (i), by striking ‘‘shall’’ and inserting 

3 ‘‘may’’; 

4 (3) in subsection (e)— 

5 (A) by striking ‘‘training for’’ and inserting 

6 ‘‘the entry into employment, retention in em7 ployment, or increases in earnings of’’; and 

8 (B) by striking ‘‘under subtitle B’’ and in9 serting ‘‘this Act’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds pro12 vided under this title shall be used by a recipient or sub13 recipient of such funds to pay the salary and bonuses of 

14 an individual, either as direct costs or indirect costs, at 

15 a rate in excess of Level II of the Federal Executive Pay 

16 Schedule (5 U.S.C. 5313). This limitation shall not apply 

17 to vendors providing goods and services as defined in OMB 

18 Circular A–133. Where States are recipients of such funds, 

19 States may establish a lower limit for salaries and bonuses 

20 of those receiving salaries and bonuses from subrecipients 

21 of such funds, taking into account factors including the rel22 ative cost-of-living in the State, the compensation levels for 

23 comparable State or local government employees, and the 

24 size of the organizations that administer the programs. 

25 ‘‘(h) GENERAL AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—The Employment and 

2 Training Administration of the U.S. Department of 

3 Labor (hereinafter in this Act referred to as the ‘Ad4 ministration’) shall administer all programs author5 ized under title I and III of this Act. The Adminis6 tration shall be headed by an Assistant Secretary ap7 pointed by the President by and with the advice and 

8 consent of the Senate. Except for titles II and IV, the 

9 Administration shall be the principal agency, and the 

10 Assistant Secretary shall be the principal officer, of 

11 such Department for carrying out this Act. 

12 ‘‘(2) QUALIFICATIONS.—The Assistant Secretary 

13 shall be an individual with substantial experience in 

14 workforce development and in workforce development 

15 management. The Assistant Secretary shall also, to 

16 the maximum extent possible, possess knowledge and 

17 have worked in or with the State or local workforce 

18 investment system or have been a member of the busi19 ness community. In the performance of the functions 

20 of the office, the Assistant Secretary shall be directly 

21 responsible to the Secretary or the Under Secretary as 

22 designed by the Secretary. The functions of the Assist23 ant Secretary shall not be delegated to any officer not 

24 directly responsible, both with respect to program op25 eration and administration, to the Assistant SecVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 retary. Any reference in this Act to duties to be car2 ried out by the Assistant Secretary shall be considered 

3 to be a reference to duties to be carried out by the 

4 Secretary acting through the Assistant Secretary.’’. 

5 SEC. 136. PROMPT ALLOCATION OF FUNDS. 

6 Section 182 (29 U.S.C. 2932) is amended— 

7 (1) in subsection (c), by striking ‘‘127 or’’; and 

8 (2) in subsection (e)— 

9 (A) by striking ‘‘sections 128 and 133’’ and 

10 inserting ‘‘section 133’’; and 

11 (B) by striking ‘‘127 or’’. 

12 SEC. 137. FISCAL CONTROLS; SANCTIONS. 

13 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended 

14 by striking subparagraph (B). 

15 SEC. 138. REPORTS TO CONGRESS. 

16 Section 185 (29 U.S.C. 2935) is amended— 

17 (1) in subsection (c)— 

18 (A) in paragraph (2), by striking ‘‘and’’ 

19 after the semicolon; 

20 (B) in paragraph (3), by striking the period 

21 and inserting ‘‘; and’’; and 

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

23 ‘‘(4) shall have the option to submit or dissemi24 nate electronically any reports, records, plans, or any 


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1 other data that are required to be collected or dissemi2 nated under this title.’’; and 

3 (2) in subsection (e)(2), by inserting ‘‘and the 

4 Secretary shall submit to the Committee on Edu5 cation and the Workforce of the House of Representa6 tives and the Committee on Health, Education, 

7 Labor, and Pensions of the Senate,’’ after ‘‘Sec8 retary,’’. 

9 SEC. 139. ADMINISTRATIVE PROVISIONS. 

10 Section 189 (29 U.S.C. 2939) is amended— 

11 (1) in subsection (g)— 

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

13 follows: 

14 ‘‘(1) IN GENERAL.—Appropriations for any fis15 cal year for programs and activities carried out 

16 under this title shall be available for obligation only 

17 on the basis of a program year. The program year 

18 shall begin on July 1 in the fiscal year for which the 

19 appropriation is made.’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘each State’’ and insert22 ing ‘‘each recipient’’; and 

23 (ii) by striking ‘‘171 or’’; 

24 (2) in subsection (i)(4)— 

25 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘requirements of sub2 paragraph (B)’’ and all that follows through 

3 ‘‘any of the statutory or regulatory require4 ments of subtitle B’’ and inserting ‘‘require5 ments of subparagraph (B) or (D), any of 

6 the statutory or regulatory requirements of 

7 subtitle B’’; 

8 (ii) by striking clause (ii); and 

9 (iii) in clause (i), by striking ‘‘; and’’ 

10 and inserting a period at the end; and 

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

12 ‘‘(D) EXPEDITED PROCESS FOR EXTENDING

13 APPROVED WAIVERS TO ADDITIONAL STATES.— 

14 In lieu of the requirements of subparagraphs (B) 

15 and (C), the Secretary may establish an expe16 dited procedure for the purpose of extending to 

17 additional States the waiver of statutory or regu18 latory requirements that have been approved for 

19 a State pursuant to a request under subpara20 graph (B). Such procedure shall ensure that the 

21 extension of such waivers to additional States 

22 are accompanied by appropriate conditions re23 lating the implementation of such waivers.’’. 

24 SEC. 140. STATE LEGISLATIVE AUTHORITY. 

25 Section 191(a) (29 U.S.C. 2941(a)) is amended— 


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1 (1) by striking ‘‘consistent with the provisions of 

2 this title’’ and inserting ‘‘consistent with State law 

3 and the provisions of this title’’; and 

4 (2) by striking ‘‘consistent with the terms and 

5 conditions required under this title’’ and inserting 

6 ‘‘consistent with State law and the terms and condi7 tions required under this title’’. 

8 SEC. 141. CONTINUATION OF STATE ACTIVITIES AND POLI9 CIES. 

10 Section 194 (29 U.S.C. 2944) is amended— 

11 (1) in subsection (a)(1)(A), by striking ‘‘127 or’’; 

12 (2) in subsection (a)(1)(B), by striking ‘‘127 or’’; 

13 and 

14 (3) in subsection (a)(2), by striking ‘‘127 or’’. 

15 SEC. 142. GENERAL PROGRAM REQUIREMENTS. 

16 Section 195 (29 U.S.C. 2945) is amended— 

17 (1) in paragraph (7), by inserting at the end the 

18 following: 

19 ‘‘(D) Funds received by a public or private non20 profit entity that are not described in paragraph (B), 

21 such as funds privately raised from philanthropic 

22 foundations, businesses, or other private entities, shall 

23 not be considered to be income under this title and 

24 shall not be subject to the requirements of this sec25 tion.’’; and 


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1 (2) by adding at the end the following new para2 graphs: 

3 ‘‘(14) Funds provided under this title shall not 

4 be used to establish or operate stand-alone fee-for-serv5 ice enterprises that compete with private sector em6 ployment agencies within the meaning of section 

7 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

8 2000e(c)), except that for purposes of this paragraph, 

9 such an enterprise does not include one-stop centers. 

10 ‘‘(15) Any report required to be submitted to 

11 Congress, or to a Committee of Congress, under this 

12 title shall be submitted to both the chairmen and 

13 ranking minority members of the Committee on Edu14 cation and the Workforce of the House of Representa15 tives and the Committee on Health, Education, 

16 Labor, and Pensions of the Senate.’’. 

17 SEC. 143. DEPARTMENT STAFF. 

18 Subtitle E of title I (29 U.S.C. 2931 et seq.) is amend19 ed by adding at the end the following new section: 

20 ‘‘SEC. 196. DEPARTMENT STAFF. 

21 ‘‘The Secretary shall— 

22 ‘‘(1) not later than 60 days after the date of the 

23 enactment of the Workforce Investment Improvement 

24 Act of 2012— 


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1 ‘‘(A) identify the number of Department of 

2 Labor employees who work on or administer pro3 grams under this Act, as such programs were in 

4 effect on the day before such date of enactment; 

5 and 

6 ‘‘(B) publish such information on the De7 partment’s website; 

8 ‘‘(2) not later than 60 days after such date of en9 actment, identify the number of full-time equivalent 

10 employees who work on or administer programs au11 thorized under this Act, as such programs were in ef12 fect on the day before such date of enactment, that 

13 have been eliminated or consolidated on or after such 

14 date; and 

15 ‘‘(3) not later than 1 year after such date of en16 actment— 

17 ‘‘(A) reduce the workforce of the Department 

18 of Labor by the number of full-time equivalent 

19 employees identified under paragraph (2); and 

20 ‘‘(B) submit to Congress a report on— 

21 ‘‘(i) the number of employees associated 

22 with each program authorized under this 

23 Act and administered by the Department; 


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1 ‘‘(ii) the number of full-time equivalent 

2 employees identified under paragraph (2); 

3 and 

4 ‘‘(iii) how the Secretary reduced the 

5 number of employees at the Department 

6 under subparagraph (A).’’. 

7 Subtitle F—State Unified Plan 

8 SEC. 144. STATE UNIFIED PLAN. 

9 Section 501 (29 U.S.C. 9271) is amended— 

10 (1) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) STATE UNIFIED PLAN.— 

13 ‘‘(1) IN GENERAL.—A State may develop and 

14 submit to the appropriate Secretaries a State unified 

15 plan for 2 or more of the activities or programs set 

16 forth in paragraph (2). The State unified plan shall 

17 cover one or more of the activities set forth in sub18 paragraphs (A) and (B) of paragraph (2) and may 

19 cover one or more of the activities set forth in sub20 paragraphs (C) through (N) of paragraph (2). For 

21 purposes of this paragraph, the activities and pro22 grams described in subparagraphs (A) and (B) of 

23 paragraph (2) shall not be considered to be 2 or more 

24 activities or programs for purposes of the unified 


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1 plan. Such activities or programs shall be considered 

2 to be 1 activity or program. 

3 ‘‘(2) ACTIVITIES AND PROGRAMS.—The activities 

4 and programs referred to in paragraph (1) are as fol5 lows: 

6 ‘‘(A) Programs and activities authorized 

7 under title I. 

8 ‘‘(B) Programs and activities authorized 

9 under title II. 

10 ‘‘(C) Programs authorized under the Reha11 bilitation Act of 1973. 

12 ‘‘(D) Secondary career education programs 

13 authorized under the Carl D. Perkins Career and 

14 Applied Technology Education Act. 

15 ‘‘(E) Postsecondary career education pro16 grams authorized under the Carl D. Perkins Ca17 reer and Applied Technology Education Act. 

18 ‘‘(F) Programs and activities authorized 

19 under title II of the Trade Act of 1974. 

20 ‘‘(G) National Apprenticeship Act of 1937. 

21 ‘‘(H) Programs authorized under the Com22 munity Services Block Grant Act. 

23 ‘‘(I) Programs authorized under the part A 

24 of title IV of the Social Security Act. 


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

3 with applicable Federal law). 

4 ‘‘(K) Work programs authorized under sec5 tion 6(o) of the Food Stamp Act of 1977. 

6 ‘‘(L) Programs and activities authorized 

7 title I of the Housing and Community Develop8 ment Act of 1974. 

9 ‘‘(M) Programs and activities authorized 

10 under the Public Workers and Economic Devel11 opment Act of 1965. 

12 ‘‘(N) Activities as defined under chapter 41 

13 of title 38, United States Code.’’; and 

14 (2) by adding at the end, the following: 

15 ‘‘(e) AUTHORITY TO CONSOLIDATE FUNDS INTO

16 WORKFORCE INVESTMENT FUND.— 

17 ‘‘(1) IN GENERAL.—A State may consolidate 

18 funds allotted to a State under an approved applica19 tion under subsection (d) into the Workforce Invest20 ment Fund under section 132(b) in order to reduce 

21 inefficiencies in the administration of federally-fund22 ed State and local employment and training pro23 grams. 

24 ‘‘(2) TREATMENT OF FUNDS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sub2 section (c), a State with an approved applica3 tion under subsection (d) may treat any and all 

4 funds consolidated into the Workforce Investment 

5 Fund as if they were original funds allotted to 

6 a State under section 132(b). 

7 ‘‘(B) APPLICABILITY.—Such a State shall 

8 continue to make reservations, except the reserva9 tion under section 133(a)(1), and allotments in 

10 accordance with section 133(b)(2). 

11 ‘‘(3) SPECIAL RULE.—A State may not consoli12 date funds allocated to the State under the Carl D. 

13 Perkins Career and Technical Education Act of 2006 

14 and funds allocated to the State under the Rehabilita15 tion Act of 1973.’’. 

16 TITLE II—ADULT EDUCATION 

17 AND FAMILY LITERACY EDU18 CATION 

19 SEC. 201. AMENDMENT. 

20 Title II (29 U.S.C. 2901 et seq.) is amended to read 

21 as follows: 


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1 ‘‘TITLE II—ADULT EDUCATION 

2 AND FAMILY LITERACY EDU3 CATION 

4 ‘‘SEC. 201. SHORT TITLE. 

5 ‘‘This title may be cited as the ‘Adult Education and 

6 Family Literacy Education Act’. 

7 ‘‘SEC. 202. PURPOSE. 

8 ‘‘It is the purpose of this title to provide instructional 

9 opportunities for adults seeking to improve their literacy 

10 skills, including their basic reading, writing, speaking, and 

11 math skills, and support States and local communities in 

12 providing, on a voluntary basis, adult education and fam13 ily literacy education programs, in order to— 

14 ‘‘(1) increase the literacy of adults, including the 

15 basic reading, writing, speaking, and math skills, to 

16 a level of proficiency necessary for adults to obtain 

17 employment and self-sufficiency and to successfully 

18 advance in the workforce; 

19 ‘‘(2) assist adults in the completion of a sec20 ondary school education (or its equivalent) and the 

21 transition to a postsecondary educational institution; 

22 ‘‘(3) assist adults who are parents to enable them 

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1 dren’s education including, through instruction in 

2 basic reading, writing, speaking, and math skills; and 

3 ‘‘(4) assist adults who are not proficient in 

4 English in improving their reading, writing, speak5 ing, listening, comprehension, and math skills. 

6 ‘‘SEC. 203. DEFINITIONS. 

7 ‘‘In this title: 

8 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

9 EDUCATION PROGRAMS.—The term ‘adult education 

10 and family literacy education programs’ means a se11 quence of academic instruction and educational serv12 ices below the postsecondary level that increase an in13 dividual’s ability to read, write, and speak English 

14 and perform mathematical computations leading to a 

15 level of proficiency equivalent to at least a secondary 

16 school completion that is provided for individuals— 

17 ‘‘(A) who are at least 16 years of age; 

18 ‘‘(B) who are not enrolled or required to be 

19 enrolled in secondary school under State law; 

20 and 

21 ‘‘(C) who— 

22 ‘‘(i) lack sufficient mastery of basic 

23 reading, writing, speaking, and math skills 

24 to enable the individuals to function effec25 tively in society; 


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1 ‘‘(ii) do not have a secondary school 

2 diploma or its equivalent and have not 

3 achieved an equivalent level of education; or 

4 ‘‘(iii) are English learners. 

5 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

6 agency’— 

7 ‘‘(A) means the primary entity or agency in 

8 a State or an outlying area responsible for ad9 ministering or supervising policy for adult edu10 cation and family literacy education programs 

11 in the State or outlying area, respectively, con12 sistent with the law of the State or outlying 

13 area, respectively; and 

14 ‘‘(B) may be the State educational agency, 

15 the State agency responsible for administering 

16 workforce investment activities, or the State 

17 agency responsible for administering community 

18 or technical colleges. 

19 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

20 provider’ means an organization of demonstrated ef21 fectiveness which is— 

22 ‘‘(A) a local educational agency; 

23 ‘‘(B) a community-based or faith-based or24 ganization; 

25 ‘‘(C) a volunteer literacy organization; 


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1 ‘‘(D) an institution of higher education; 

2 ‘‘(E) a public or private educational agen3 cy; 

4 ‘‘(F) a library; 

5 ‘‘(G) a public housing authority; 

6 ‘‘(H) an institution that is not described in 

7 any of subparagraphs (A) through (G) and has 

8 the ability to provide adult education, basic 

9 skills, and family literacy education programs to 

10 adults and families; or 

11 ‘‘(I) a consortium of the agencies, organiza12 tions, institutions, libraries, or authorities de13 scribed in any of subparagraphs (A) through 

14 (H). 

15 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO16 GRAM.—The term ‘English language acquisition pro17 gram’ means a program of instruction— 

18 ‘‘(A) designed to help English learners 

19 achieve competence in reading, writing, speak20 ing, and comprehension of the English language; 

21 and 

22 ‘‘(B) that may lead to— 

23 ‘‘(i) attainment of a secondary school 

24 diploma or its recognized equivalent; 


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1 ‘‘(ii) transition to success in postsec2 ondary education and training; and 

3 ‘‘(iii) employment or career advance4 ment. 

5 ‘‘(5) FAMILY LITERACY EDUCATION PROGRAM.— 

6 The term ‘family literacy education program’ means 

7 an educational program that— 

8 ‘‘(A) assists parents and students, on a vol9 untary basis, in achieving the purposes of this 

10 title as described in section 202; and 

11 ‘‘(B) is of sufficient intensity in terms of 

12 hours and of sufficient quality to make sustain13 able changes in a family, is evidence-based, and, 

14 for the purpose of substantially increasing the 

15 ability of parents and children to read, write, 

16 and speak English, integrates— 

17 ‘‘(i) interactive literacy activities be18 tween parents and their children; 

19 ‘‘(ii) training for parents regarding 

20 how to be the primary teacher for their chil21 dren and full partners in the education of 

22 their children; 

23 ‘‘(iii) parent literacy training that 

24 leads to economic self-sufficiency; and 


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1 ‘‘(iv) an age-appropriate education to 

2 prepare children for success in school and 

3 life experiences. 

4 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

5 the chief executive officer of a State or outlying area. 

6 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 

7 ‘‘(A) IN GENERAL.—The term ‘individual 

8 with a disability’ means an individual with any 

9 disability (as defined in section 3 of the Ameri10 cans with Disabilities Act of 1990). 

11 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

12 The term ‘individuals with disabilities’ means 

13 more than one individual with a disability. 

14 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

15 learner’ means an adult or out-of-school youth who 

16 has limited ability in reading, writing, speaking, or 

17 understanding the English language, and— 

18 ‘‘(A) whose native language is a language 

19 other than English; or 

20 ‘‘(B) who lives in a family or community 

21 environment where a language other than 

22 English is the dominant language. 

23 ‘‘(9) INTEGRATED EDUCATION AND TRAINING.— 

24 The term ‘integrated education and training’ means 

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1 tivities contextually and concurrently with workforce 

2 preparation activities and workforce training for a 

3 specific occupation or occupational cluster. Such serv4 ices may include offering adult education services 

5 concurrent with credit-bearing postsecondary edu6 cation and training, including through co-instruction. 

7 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

8 The term ‘institution of higher education’ has the 

9 meaning given the term in section 101 of the Higher 

10 Education Act of 1965. 

11 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

12 individual’s ability to read, write, and speak in 

13 English, compute, and solve problems at a level of 

14 proficiency necessary to obtain employment and to 

15 successfully make the transition to postsecondary edu16 cation. 

17 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The term 

18 ‘local educational agency’ has the meaning given the 

19 term in section 9101 of the Elementary and Sec20 ondary Education Act of 1965. 

21 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

22 area’ has the meaning given the term in section 101 

23 of this Act. 


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1 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU2 TION.—The term ‘postsecondary educational institu3 tion’ means— 

4 ‘‘(A) an institution of higher education that 

5 provides not less than a 2-year program of in6 struction that is acceptable for credit toward a 

7 bachelor’s degree; 

8 ‘‘(B) a tribally controlled community col9 lege; or 

10 ‘‘(C) a nonprofit educational institution of11 fering certificate or apprenticeship programs at 

12 the postsecondary level. 

13 ‘‘(15) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of Education. 

15 ‘‘(16) STATE.—The term ‘State’ means each of 

16 the several States of the United States, the District of 

17 Columbia, and the Commonwealth of Puerto Rico. 

18 ‘‘(17) STATE EDUCATIONAL AGENCY.—The term 

19 ‘State educational agency’ has the meaning given the 

20 term in section 9101 of the Elementary and Sec21 ondary Education Act of 1965. 

22 ‘‘(18) WORKPLACE LITERACY PROGRAM.—The 

23 term ‘workplace literacy program’ means an edu24 cational program that is offered in collaboration be25 tween eligible providers and employers or employee 


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1 organizations for the purpose of improving the pro2 ductivity of the workforce through the improvement of 

3 reading, writing, speaking, and math skills. 

4 ‘‘SEC. 204. HOME SCHOOLS. 

5 ‘‘Nothing in this title shall be construed to affect home 

6 schools, whether or not a home school is treated as a home 

7 school or a private school under State law, or to compel 

8 a parent engaged in home schooling to participate in adult 

9 education and family literacy education activities under 

10 this title. 

11 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to carry out 

13 this title, $606,294,933 for fiscal years 2013 and for each 

14 of the 5 succeeding fiscal years. 

15 ‘‘Subtitle A—Federal Provisions 

16 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

17 AGENCIES; ALLOTMENTS. 

18 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap19 propriated under section 205 for a fiscal year, the Secretary 

20 shall reserve 2.0 percent to carry out section 242. 

21 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

22 ‘‘(1) IN GENERAL.—From the sums appropriated 

23 under section 205 and not reserved under subsection 

24 (a) for a fiscal year, the Secretary shall award a 

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1 proved under section 224 in an amount equal to the 

2 sum of the initial allotment under subsection (c)(1) 

3 and the additional allotment under subsection (c)(2) 

4 for the eligible agency for the fiscal year, subject to 

5 subsections (f) and (g). 

6 ‘‘(2) PURPOSE OF GRANTS.—The Secretary may 

7 award a grant under paragraph (1) only if the eligi8 ble agency involved agrees to expend the grant in ac9 cordance with the provisions of this title. 

10 ‘‘(c) ALLOTMENTS.— 

11 ‘‘(1) INITIAL ALLOTMENTS.—From the sums ap12 propriated under section 205 and not reserved under 

13 subsection (a) for a fiscal year, the Secretary shall 

14 allot to each eligible agency having a State plan ap15 proved under section 224— 

16 ‘‘(A) $100,000, in the case of an eligible 

17 agency serving an outlying area; and 

18 ‘‘(B) $250,000, in the case of any other eli19 gible agency. 

20 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the sums 

21 appropriated under section 205, not reserved under 

22 subsection (a), and not allotted under paragraph (1), 

23 for a fiscal year, the Secretary shall allot to each eli24 gible agency that receives an initial allotment under 

25 paragraph (1) an additional amount that bears the 


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1 same relationship to such sums as the number of 

2 qualifying adults in the State or outlying area served 

3 by the eligible agency bears to the number of such 

4 adults in all States and outlying areas. 

5 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub6 section (c)(2), the term ‘qualifying adult’ means an adult 

7 who— 

8 ‘‘(1) is at least 16 years of age; 

9 ‘‘(2) is beyond the age of compulsory school at10 tendance under the law of the State or outlying area; 

11 ‘‘(3) does not have a secondary school diploma or 

12 its recognized equivalent; and 

13 ‘‘(4) is not enrolled in secondary school. 

14 ‘‘(e) SPECIAL RULE.— 

15 ‘‘(1) IN GENERAL.—From amounts made avail16 able under subsection (c) for the Republic of Palau, 

17 the Secretary shall award grants to Guam, American 

18 Samoa, the Commonwealth of the Northern Mariana 

19 Islands, or the Republic of Palau to carry out activi20 ties described in this title in accordance with the pro21 visions of this title as determined by the Secretary. 

22 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith23 standing any other provision of law, the Republic of 

24 Palau shall be eligible to receive a grant under this 

25 title until an agreement for the extension of United 


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1 States education assistance under the Compact of 

2 Free Association for the Republic of Palau becomes ef3 fective. 

4 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

6 (c), and subject to paragraphs (2) and (3), for fiscal 

7 year 2013 and each succeeding fiscal year, no eligible 

8 agency shall receive an allotment under this title that 

9 is less than 90 percent of the allotment the eligible 

10 agency received for the preceding fiscal year under 

11 this title. 

12 ‘‘(2) EXCEPTION.—An eligible agency that re13 ceives for the preceding fiscal year only an initial al14 lotment under subsection (c)(1) (and no additional al15 lotment under subsection (c)(2)) shall receive an allot16 ment equal to 100 percent of the initial allotment. 

17 ‘‘(3) RATABLE REDUCTION.—If for any fiscal 

18 year the amount available for allotment under this 

19 title is insufficient to satisfy the provisions of para20 graph (1), the Secretary shall ratably reduce the pay21 ments to all eligible agencies, as necessary. 

22 ‘‘(g) REALLOTMENT.—The portion of any eligible 

23 agency’s allotment under this title for a fiscal year that the 

24 Secretary determines will not be required for the period 

25 such allotment is available for carrying out activities under 


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1 this title, shall be available for reallotment from time to 

2 time, on such dates during such period as the Secretary 

3 shall fix, to other eligible agencies in proportion to the origi4 nal allotments to such agencies under this title for such 

5 year. 

6 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

7 ‘‘Programs and activities authorized under this title 

8 are subject to the performance accountability provisions de9 scribed in paragraph (2)(A) and (3) of section 136(b) and 

10 may, at a State’s discretion, include additional indicators 

11 identified in the State plan approved under section 224. 

12 ‘‘Subtitle B—State Provisions 

13 ‘‘SEC. 221. STATE ADMINISTRATION. 

14 ‘‘Each eligible agency shall be responsible for the fol15 lowing activities under this title: 

16 ‘‘(1) The development, submission, implementa17 tion, and monitoring of the State plan. 

18 ‘‘(2) Consultation with other appropriate agen19 cies, groups, and individuals that are involved in, or 

20 interested in, the development and implementation of 

21 activities assisted under this title. 

22 ‘‘(3) Coordination and avoidance of duplication 

23 with other Federal and State education, training, cor24 rections, public housing, and social service programs. 


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1 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE2 QUIREMENT. 

3 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligible 

4 agency receiving a grant under this title for a fiscal year— 

5 ‘‘(1) shall use an amount not less than 82.5 per6 cent of the grant funds to award grants and contracts 

7 under section 231 and to carry out section 225, of 

8 which not more than 10 percent of such amount shall 

9 be available to carry out section 225; 

10 ‘‘(2) shall use not more than 12.5 percent of the 

11 grant funds to carry out State leadership activities 

12 under section 223; and 

13 ‘‘(3) shall use not more than 5 percent of the 

14 grant funds, or $65,000, whichever is greater, for the 

15 administrative expenses of the eligible agency. 

16 ‘‘(b) MATCHING REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—In order to receive a grant 

18 from the Secretary under section 211(b), each eligible 

19 agency shall provide, for the costs to be incurred by 

20 the eligible agency in carrying out the adult edu21 cation and family literacy education programs for 

22 which the grant is awarded, a non-Federal contribu23 tion in an amount that is not less than— 

24 ‘‘(A) in the case of an eligible agency serv25 ing an outlying area, 12 percent of the total 

26 amount of funds expended for adult education 


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1 and family literacy education programs in the 

2 outlying area, except that the Secretary may de3 crease the amount of funds required under this 

4 subparagraph for an eligible agency; and 

5 ‘‘(B) in the case of an eligible agency serv6 ing a State, 25 percent of the total amount of 

7 funds expended for adult education and family 

8 literacy education programs in the State. 

9 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligible 

10 agency’s non-Federal contribution required under 

11 paragraph (1) may be provided in cash or in kind, 

12 fairly evaluated, and shall include only non-Federal 

13 funds that are used for adult education and family 

14 literacy education programs in a manner that is con15 sistent with the purpose of this title. 

16 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

17 ‘‘(a) IN GENERAL.—Each eligible agency may use 

18 funds made available under section 222(a)(2) for any of 

19 the following adult education and family literacy education 

20 programs: 

21 ‘‘(1) The establishment or operation of profes22 sional development programs to improve the quality 

23 of instruction provided pursuant to local activities re24 quired 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 instruc5 tional practices in reading, writing, speaking, math, 

6 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 this 

10 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, includ19 ing professional development to support the use of in20 structional technology. 

21 ‘‘(6) Coordination with other public programs, 

22 including welfare-to-work, workforce development, and 

23 job training programs. 

24 ‘‘(7) Coordination with existing support services, 

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1 ance designed to increase rates of enrollment in, and 

2 successful completion of, adult education and family 

3 literacy education programs, for adults enrolled in 

4 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, eli18 gible agencies shall coordinate where possible, and avoid du19 plicating 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 a 

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1 ing any rule or policy based on a State or outlying area 

2 interpretation of a Federal statute, regulation, or guide3 line), the State or outlying area shall identify, to eligible 

4 providers, the rule or policy as being imposed by the State 

5 or outlying area. 

6 ‘‘SEC. 224. STATE PLAN. 

7 ‘‘(a) 3–YEAR PLANS.— 

8 ‘‘(1) IN GENERAL.—Each eligible agency desiring 

9 a grant under this title for any fiscal year shall sub10 mit to, or have on file with, the Secretary a 3-year 

11 State plan. 

12 ‘‘(2) STATE UNIFIED PLAN.—The eligible agency 

13 may submit the State plan as part of a State unified 

14 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 indi18 viduals 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 will 

5 fund local activities in accordance with the measur6 able 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 used 

11 for public participation and comment with respect to 

12 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 edu17 cational agency, the State board or agency re18 sponsible for administering block grants for tem19 porary assistance to needy families under title 

20 IV of the Social Security Act, the State council 

21 on disabilities, the State vocational rehabilita22 tion agency, and other State agencies that pro23 mote the improvement of adult education and 

24 family literacy education programs, and direct 

25 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 adult 

4 education and family literacy education pro5 grams instructors, representatives of business 

6 and industry, refugee assistance programs, and 

7 faith-based organizations; 

8 ‘‘(7) a description of the eligible agency’s strate9 gies 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 agency 

2 will take to ensure direct and equitable access, as re3 quired 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 partici9 pation 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 comple22 tion of secondary school equivalency programs. 

23 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

24 or other factors require substantial revisions to an approved 


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1 State plan, the eligible agency shall submit the revisions 

2 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 school 

6 officer, or the State officer responsible for admin7 istering community or technical colleges, or outlying 

8 area for review and comment; and 

9 ‘‘(2) ensure that any comments regarding the 

10 State plan by the Governor, the chief State school offi11 cer, or the State officer responsible for administering 

12 community or technical colleges, and any revision to 

13 the State plan, are submitted to the Secretary. 

14 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

15 ‘‘(1) approve a State plan within 120 days after 

16 receiving the plan unless the Secretary makes a writ17 ten determination within 30 days after receiving the 

18 plan that the plan does not meet the requirements of 

19 this section or is inconsistent with specific provisions 

20 of this subtitle; and 

21 ‘‘(2) not finally disapprove of a State plan before 

22 offering the eligible agency the opportunity, prior to 

23 the expiration of the 30-day period beginning on the 

24 date on which the eligible agency received the written 

25 determination described in paragraph (3), to review 


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1 the plan and providing technical assistance in order 

2 to assist the eligible agency in meeting the require3 ments of this subtitle. 

4 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

5 OTHER INSTITUTIONALIZED INDIVIDUALS. 

6 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

7 available under section 222(a)(1) for a fiscal year, each eli8 gible agency shall carry out corrections education and edu9 cation for other institutionalized individuals. 

10 ‘‘(b) USES OF FUNDS.—The funds described in sub11 section (a) shall be used for the cost of educational programs 

12 for criminal offenders in correctional institutions and for 

13 other institutionalized individuals, including academic 

14 programs for— 

15 ‘‘(1) basic skills education; 

16 ‘‘(2) special education programs as determined 

17 by the eligible agency; 

18 ‘‘(3) reading, writing, speaking, and math pro19 grams; 

20 ‘‘(4) secondary school credit or diploma pro21 grams or their recognized equivalent; 

22 ‘‘(5) integrated education and training; 

23 ‘‘(6) postsecondary correctional education linked 

24 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 as5 sistance provided under this section to carry out a program 

6 for criminal offenders within a correctional institution 

7 shall give priority to serving individuals who are likely to 

8 leave the correctional institution within 5 years of partici9 pation 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 reha19 bilitation center, or any other similar institution 

20 designed for the confinement or rehabilitation of 

21 criminal offenders. 

22 ‘‘(2) CRIMINAL OFFENDER.—The term ‘criminal 

23 offender’ means any individual who is charged with, 

24 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 agency 

6 shall award multi-year grants or contracts, on a competi7 tive basis, to eligible providers within the State or outlying 

8 area that meet the conditions and requirements of this title 

9 to enable the eligible providers to develop, implement, and 

10 improve adult education and family literacy education pro11 grams within the State. 

12 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall re13 quire eligible providers receiving a grant or contract under 

14 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 or 

19 employment activities; or 

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 eligible 

6 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 provider 

15 in improving the basic academic skills of adults and, 

16 for eligible providers receiving grants in the prior 

17 year, the success of the eligible provider receiving 

18 funding under this title in exceeding its performance 

19 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 with disabilities and individ24 uals who are low-income or have minimal reading, 


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1 writing, speaking, and math skills, or are English 

2 learners; 

3 ‘‘(4) the program is of sufficient intensity and 

4 quality for participants to achieve substantial learn5 ing gains; 

6 ‘‘(5) educational practices are evidence-based; 

7 ‘‘(6) the activities of the eligible provider effec8 tively employ advances in technology, and delivery 

9 systems including distance education; 

10 ‘‘(7) the activities provide instruction in real-life 

11 contexts, including integrated education and training 

12 when appropriate, to ensure that an individual has 

13 the skills needed to compete in the workplace and ex14 ercise the rights and responsibilities of citizenship; 

15 ‘‘(8) the activities are staffed by well-trained in16 structors, counselors, and administrators who meet 

17 minimum qualifications established by the State; 

18 ‘‘(9) the activities are coordinated with other 

19 available resources in the community, such as through 

20 strong links with elementary schools and secondary 

21 schools, postsecondary educational institutions, local 

22 workforce investment boards, one-stop centers, job 

23 training programs, community-based and faith-based 

24 organizations, and social service agencies; 


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1 ‘‘(10) the activities offer flexible schedules and 

2 support services (such as child care and transpor3 tation) that are necessary to enable individuals, in4 cluding individuals with disabilities or other special 

5 needs, to attend and complete programs; 

6 ‘‘(11) the activities include a high-quality infor7 mation management system that has the capacity to 

8 report measurable participant outcomes (consistent 

9 with section 136) and to monitor program perform10 ance; 

11 ‘‘(12) the local communities have a demonstrated 

12 need for additional English language acquisition pro13 grams, and integrated education and training pro14 grams; 

15 ‘‘(13) the capacity of the eligible provider to 

16 produce valid information on performance results, in17 cluding enrollments and measurable participant out18 comes; 

19 ‘‘(14) adult education and family literacy edu20 cation programs offer rigorous reading, writing, 

21 speaking, and math content that are evidence based; 

22 and 

23 ‘‘(15) applications of technology, and services to 

24 be provided by the eligible providers, are of sufficient 

25 intensity and duration to increase the amount and 


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1 quality of learning and lead to measurable learning 

2 gains within specified time periods. 

3 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

4 grant funds under this title to serve children participating 

5 in family literacy programs assisted under this part, pro6 vided that other sources of funds available to provide simi7 lar services for such children are used first. 

8 ‘‘SEC. 232. LOCAL APPLICATION. 

9 ‘‘Each eligible provider desiring a grant or contract 

10 under this title shall submit an application to the eligible 

11 agency containing such information and assurances as the 

12 eligible agency may require, including— 

13 ‘‘(1) a description of how funds awarded under 

14 this title will be spent consistent with the require15 ments of this title; 

16 ‘‘(2) a description of any cooperative arrange17 ments the eligible provider has with other agencies, 

18 institutions, or organizations for the delivery of adult 

19 education and family literacy education programs; 

20 and 

21 ‘‘(3) each of the demonstrations required by sec22 tion 231(d). 


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1 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

3 amount that is made available under this title to an eligible 

4 provider— 

5 ‘‘(1) at least 95 percent shall be expended for 

6 carrying out adult education and family literacy edu7 cation programs; and 

8 ‘‘(2) the remaining amount shall be used for 

9 planning, administration, personnel and professional 

10 development, development of measurable goals in 

11 reading, writing, speaking, and math, and inter12 agency coordination. 

13 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

14 described in subsection (a) are too restrictive to allow for 

15 adequate planning, administration, personnel development, 

16 and interagency coordination, the eligible provider may ne17 gotiate with the eligible agency in order to determine an 

18 adequate level of funds to be used for noninstructional pur19 poses. 

20 ‘‘Subtitle D—General Provisions 

21 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

22 ‘‘Funds made available for adult education and family 

23 literacy education programs under this title shall supple24 ment and not supplant other State or local public funds 

25 expended for adult education and family literacy education 

26 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 en5 tities, on request, to— 

6 ‘‘(A) improve their fiscal management, re7 search-based instruction, and reporting require8 ments to carry out the requirements of this title; 

9 ‘‘(B) improve its performance on the core 

10 indicators of performance described in section 

11 136; 

12 ‘‘(C) provide adult education professional 

13 development; and 

14 ‘‘(D) use distance education and improve 

15 the application of technology in the classroom, 

16 including instruction in English language acqui17 sition for English learners. 

18 ‘‘(2) Providing for the conduct of research on na19 tional literacy basic skill acquisition levels among 

20 adults, including the number of adult English learn21 ers functioning at different levels of reading pro22 ficiency. 

23 ‘‘(3) Improving the coordination, efficiency, and 

24 effectiveness of adult education and workforce develop25 ment services at the national, State, and local levels. 


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1 ‘‘(4) Determining how participation in adult 

2 education, English language acquisition, and family 

3 literacy education programs prepares individuals for 

4 entry into and success in postsecondary education 

5 and employment, and in the case of prison-based serv6 ices, the effect on recidivism. 

7 ‘‘(5) Evaluating how different types of providers, 

8 including community and faith-based organizations 

9 or private for-profit agencies measurably improve the 

10 skills of participants in adult education, English lan11 guage acquisition, and family literacy education pro12 grams. 

13 ‘‘(6) Identifying model integrated basic and 

14 workplace skills education programs, including pro15 grams for English learners coordinated literacy and 

16 employment services, and effective strategies for serv17 ing adults with disabilities. 

18 ‘‘(7) Initiating other activities designed to im19 prove the measurable quality and effectiveness of 

20 adult education, English language acquisition, and 

21 family literacy education programs nationwide.’’. 


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1 TITLE III—AMENDMENTS TO THE 

2 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 by amending section 15 to read as follows: 

6 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

7 SYSTEM. 

8 ‘‘(a) SYSTEM CONTENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

10 accordance with the provisions of this section, shall 

11 oversee the development, maintenance, and continuous 

12 improvement of a nationwide workforce and labor 

13 market information system that includes— 

14 ‘‘(A) statistical data from cooperative sta15 tistical survey and projection programs and data 

16 from administrative reporting systems that, 

17 taken together, enumerate, estimate, and project 

18 employment opportunities and conditions at na19 tional, State, and local levels in a timely man20 ner, including statistics on— 

21 ‘‘(i) employment and unemployment 

22 status of national, State, and local popu23 lations, including self-employed, part-time, 

24 and seasonal workers; 


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1 ‘‘(ii) industrial distribution of occupa2 tions, as well as current and projected em3 ployment opportunities, wages, benefits 

4 (where data is available), and skill trends 

5 by occupation and industry, with par6 ticular attention paid to State and local 

7 conditions; 

8 ‘‘(iii) the incidence of, industrial and 

9 geographical location of, and number of 

10 workers displaced by, permanent layoffs 

11 and plant closings; and 

12 ‘‘(iv) employment and earnings infor13 mation maintained in a longitudinal man14 ner to be used for research and program 

15 evaluation; 

16 ‘‘(B) information on State and local em17 ployment opportunities, and other appropriate 

18 statistical data related to labor market dynam19 ics, which— 

20 ‘‘(i) shall be current and comprehen21 sive; 

22 ‘‘(ii) shall meet the needs identified 

23 through the consultations described in sub24 paragraphs (A) and (B) of subsection (e)(2); 

25 and 


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1 ‘‘(iii) shall meet the needs for the infor2 mation identified in section 121; 

3 ‘‘(C) technical standards (which the Sec4 retary shall publish annually) for data and in5 formation described in subparagraphs (A) and 

6 (B) that, at a minimum, meet the criteria of 

7 chapter 35 of title 44, United States Code; 

8 ‘‘(D) procedures to ensure compatibility and 

9 additivity of the data and information described 

10 in subparagraphs (A) and (B) from national, 

11 State, and local levels; 

12 ‘‘(E) procedures to support standardization 

13 and aggregation of data from administrative re14 porting systems described in subparagraph (A) 

15 of employment-related programs; 

16 ‘‘(F) analysis of data and information de17 scribed in subparagraphs (A) and (B) for uses 

18 such as— 

19 ‘‘(i) national, State, and local policy20 making; 

21 ‘‘(ii) implementation of Federal poli22 cies (including allocation formulas); 

23 ‘‘(iii) program planning and evalua24 tion; and 


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1 ‘‘(iv) researching labor market dynam2 ics; 

3 ‘‘(G) wide dissemination of such data, in4 formation, and analysis in a user-friendly man5 ner and voluntary technical standards for dis6 semination mechanisms; and 

7 ‘‘(H) programs of— 

8 ‘‘(i) training for effective data dissemi9 nation; 

10 ‘‘(ii) research and demonstration; and 

11 ‘‘(iii) programs and technical assist12 ance. 

13 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

14 ‘‘(A) IN GENERAL.—No officer or employee 

15 of the Federal Government or agent of the Fed16 eral Government may— 

17 ‘‘(i) use any submission that is fur18 nished for exclusively statistical purposes 

19 under the provisions of this section for any 

20 purpose other than the statistical purposes 

21 for which the submission is furnished; 

22 ‘‘(ii) disclose to the public any publica23 tion or media transmittal of the data con24 tained in the submission described in clause 

25 (i) that permits information concerning an 


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1 individual subject to be reasonably inferred 

2 by either direct or indirect means; or 

3 ‘‘(iii) permit anyone other than a 

4 sworn officer, employee, or agent of any 

5 Federal department or agency, or a con6 tractor (including an employee of a con7 tractor) of such department or agency, to 

8 examine an individual submission described 

9 in clause (i), 

10 without the consent of the individual, agency, or 

11 other person who is the subject of the submission 

12 or provides that submission. 

13 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

14 Any submission (including any data derived 

15 from the submission) that is collected and re16 tained by a Federal department or agency, or an 

17 officer, employee, agent, or contractor of such a 

18 department or agency, for exclusively statistical 

19 purposes under this section shall be immune 

20 from the legal process and shall not, without the 

21 consent of the individual, agency, or other person 

22 who is the subject of the submission or provides 

23 that submission, be admitted as evidence or used 

24 for any purpose in any action, suit, or other ju25 dicial or administrative proceeding. 


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1 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in 

2 this section shall be construed to provide immu3 nity from the legal process for such submission 

4 (including any data derived from the submis5 sion) if the submission is in the possession of 

6 any person, agency, or entity other than the Fed7 eral Government or an officer, employee, agent, 

8 or contractor of the Federal Government, or if 

9 the submission is independently collected, re10 tained, or produced for purposes other than the 

11 purposes of this Act. 

12 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

13 ‘‘(1) IN GENERAL.—The workforce and labor 

14 market information system described in subsection (a) 

15 shall be planned, administered, overseen, and evalu16 ated through a cooperative governance structure in17 volving the Federal Government and States. 

18 ‘‘(2) DUTIES.—The Secretary, with respect to 

19 data collection, analysis, and dissemination of work20 force and labor market information for the system, 

21 shall carry out the following duties: 

22 ‘‘(A) Assign responsibilities within the De23 partment of Labor for elements of the workforce 

24 and labor market information system described 

25 in subsection (a) to ensure that all statistical 


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1 and administrative data collected is consistent 

2 with appropriate Bureau of Labor Statistics 

3 standards and definitions. 

4 ‘‘(B) Actively seek the cooperation of other 

5 Federal agencies to establish and maintain 

6 mechanisms for ensuring complementarity and 

7 nonduplication in the development and oper8 ation of statistical and administrative data col9 lection activities. 

10 ‘‘(C) Eliminate gaps and duplication in 

11 statistical undertakings, with the systemization 

12 of wage surveys as an early priority. 

13 ‘‘(D) In collaboration with the Bureau of 

14 Labor Statistics and States, develop and main15 tain the elements of the workforce and labor mar16 ket information system described in subsection 

17 (a), including the development of consistent pro18 cedures and definitions for use by the States in 

19 collecting the data and information described in 

20 subparagraphs (A) and (B) of subsection (a)(1). 

21 ‘‘(E) Establish procedures for the system to 

22 ensure that— 

23 ‘‘(i) such data and information are 

24 timely; 


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1 ‘‘(ii) paperwork and reporting for the 

2 system are reduced to a minimum; and 

3 ‘‘(iii) States and localities are fully in4 volved in the development and continuous 

5 improvement of the system at all levels. 

6 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

7 SERVICES.—The Secretary is authorized to assist in the de8 velopment of national electronic tools that may be used to 

9 facilitate the delivery of work ready services described in 

10 section 134(c)(2) and to provide workforce information to 

11 individuals through the one-stop delivery systems described 

12 in section 121 and through other appropriate delivery sys13 tems. 

14 ‘‘(d) COORDINATION WITH THE STATES.— 

15 ‘‘(1) IN GENERAL.—The Secretary, working 

16 through the Bureau of Labor Statistics and the Em17 ployment and Training Administration, shall regu18 larly consult with representatives of State agencies 

19 carrying out workforce information activities regard20 ing strategies for improving the workforce and labor 

21 market information system. 

22 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

23 each year, the Secretary, working through the Bureau 

24 of Labor Statistics, shall conduct formal consultations 

25 regarding programs carried out by the Bureau of 


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1 Labor Statistics with representatives of each of the 

2 Federal regions of the Bureau of Labor Statistics, 

3 elected (pursuant to a process established by the Sec4 retary) from the State directors affiliated with State 

5 agencies that perform the duties described in sub6 section (e)(2). 

7 ‘‘(e) STATE RESPONSIBILITIES.— 

8 ‘‘(1) IN GENERAL.—In order to receive Federal 

9 financial assistance under this section, the Governor 

10 of a State shall— 

11 ‘‘(A) be responsible for the management of 

12 the portions of the workforce and labor market 

13 information system described in subsection (a) 

14 that comprise a statewide workforce and labor 

15 market information system and for the State’s 

16 participation in the development of the annual 

17 plan; 

18 ‘‘(B) establish a process for the oversight of 

19 such system; 

20 ‘‘(C) consult with State and local employ21 ers, participants, and local workforce investment 

22 boards about the labor market relevance of the 

23 data to be collected and disseminated through the 

24 statewide workforce and labor market informa25 tion system; 


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1 ‘‘(D) consult with State educational agen2 cies and local educational agencies concerning 

3 the provision of employment statistics in order to 

4 meet the needs of secondary school and postsec5 ondary school students who seek such informa6 tion; 

7 ‘‘(E) collect and disseminate for the system, 

8 on behalf of the State and localities in the State, 

9 the information and data described in subpara10 graphs (A) and (B) of subsection (a)(1); 

11 ‘‘(F) maintain and continuously improve 

12 the statewide workforce and labor market infor13 mation system in accordance with this section; 

14 ‘‘(G) perform contract and grant respon15 sibilities for data collection, analysis, and dis16 semination for such system; 

17 ‘‘(H) conduct such other data collection, 

18 analysis, and dissemination activities as will en19 sure an effective statewide workforce and labor 

20 market information system; 

21 ‘‘(I) actively seek the participation of other 

22 State and local agencies in data collection, anal23 ysis, and dissemination activities in order to en24 sure complementarity, compatibility, and useful25 ness of data; 


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1 ‘‘(J) participate in the development of the 

2 annual plan described in subsection (c); and 

3 ‘‘(K) utilize the quarterly records described 

4 in section 136(f)(2) to assist the State and other 

5 States in measuring State progress on State per6 formance measures. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

8 section shall be construed as limiting the ability of a 

9 Governor to conduct additional data collection, anal10 ysis, and dissemination activities with State funds or 

11 with Federal funds from sources other than this sec12 tion. 

13 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

14 functions and activities carried out pursuant to this section 

15 shall duplicate the functions and activities carried out 

16 under the Carl D. Perkins Career and Technical Education 

17 Act of 2006 (20 U.S.C. 2301 et seq.). 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $63,473,000 for fiscal year 2013 and each of the 5 suc21 ceeding fiscal years. 

22 ‘‘(h) DEFINITION.—In this section, the term ‘local 

23 area’ means the smallest geographical area for which data 

24 can be produced with statistical reliability.’’. 


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1 TITLE IV—REPEALS AND 

2 CONFORMING AMENDMENTS 

3 SEC. 401. REPEALS. 

4 The following provisions are repealed: 

5 (1) Chapter 4 of subtitle B of title I, and sections 

6 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 

7 192, 502, 503, and 506 of the Workforce Investment 

8 Act of 1998 (as such provisions were in effect on the 

9 day before the date of enactment of the Workforce In10 vestment Improvement Act of 2012). 

11 (2) Title V of the Older Americans Act of 1965. 

12 (3) Sections 1 through 14 of the Wagner-Peyser 

13 Act. 

14 (4) Subsection (c) of section 414 of the American 

15 Competitiveness and Workforce Improvement Act (29 

16 U.S.C. 2916a). 

17 (5) Youth Conservation Corps Act of 1970 (16 

18 U.S.C. 1701 et seq.). 

19 (6) Section 821 of the Higher Education Amend20 ments of 1998 (20 U.S.C. 1151) (Grants to States for 

21 workplace and community transition training for in22 carcerated individuals). 

23 (7) Section 412 of the Immigration and Nation24 ality Act (8 U.S.C. 1522) and section 501(a) of the 


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1 Refugee Education Assistance Act of 1980 (94 Stat. 

2 1809; 8 U.S.C. 1522 note). 

3 (8) Section 231 of the Second Chance Act of 

4 2007 (Public Law 110–199). 

5 (9) The Women in Apprenticeship and Nontradi6 tional Occupations Act (29 U.S.C. 2501 et seq.). 

7 (10) Sections 4103A and 4104 of title 38, United 

8 States Code. 

9 (11) Section 2021 of title 38, United States Code 

10 (Homeless Veterans Reintegration Programs). 

11 (12) Section 1144 of title 10, United States Code 

12 (Employment assistance, job training assistance, and 

13 other transitional services). 

14 SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRON15 MENTAL RESPONSE, COMPENSATION, AND LI16 ABILITY ACT OF 1980. 

17 Section 104(k)(6) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 1980 

19 (42 U.S.C. 9604) is amended by striking ‘‘, training,’’. 

20 SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT 

21 OF 2008. 

22 (a) DEFINITION.—Section 3(t) of the Food and Nutri23 tion Act of 2008 (7 U.S.C. 2012(t)) is amended— 

24 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’, 

25 and 


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1 (2) by inserting before the period at the end the 

2 following: ‘‘ 

3 , and (3) when referencing employment and training activi4 ties under section 6(d)(4), a State board as defined in sec5 tion 101 of the Workforce Investment Act of 1998 (29 U.S.C. 

6 2801)’’. 

7 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

8 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

9 (1) in subsection (d)(14) by striking ‘‘section 

10 6(d)(4)(I)’’ and inserting ‘‘section 6(d)(4)(C)’’, and 

11 (2) in subsection (g)(3) by striking ‘‘constitutes 

12 adequate participation in an employment and train13 ing program under section 6(d)’’ and inserting ‘‘al14 lows the individual to participate in employment and 

15 training activities under section 6(d)(4)’’. 

16 (c) ELIGIBILITY DISQUALIFICATIONS.—Section 6(d)(4) 

17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) 

18 is amended to read as follows: 

19 ‘‘(4) EMPLOYMENT AND TRAINING.— 

20 ‘‘(A) IMPLEMENTATION.—Each State agen21 cy shall provide employment and training serv22 ices authorized under section 134 of the Work23 force Investment Act of 1998 (29 U.S.C. 2864) to 

24 eligible members of households participating in 

25 the supplemental nutrition assistance program 


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1 in gaining skills, training, work, or experience 

2 that will increase their ability to obtain regular 

3 employment. 

4 ‘‘(B) STATEWIDE WORKFORCE DEVELOP5 MENT SYSTEM.—Consistent with subparagraph 

6 (A), employment and training services shall be 

7 provided through the statewide workforce devel8 opment system, including the One-Stop delivery 

9 system, authorized by the Workforce Investment 

10 Act of 1998 (29 U.S.C. 2801 et seq.). 

11 ‘‘(C) REIMBURSEMENTS.— 

12 ‘‘(i) ACTUAL COSTS.—The State agency 

13 shall provide payments or reimbursement to 

14 participants served under this paragraph 

15 for— 

16 ‘‘(I) the actual costs of transpor17 tation and other actual costs (other 

18 than dependent care costs) that are 

19 reasonably necessary and directly re20 lated to the individual participating 

21 in employment and training activities; 

22 and 

23 ‘‘(II) the actual costs of such de24 pendent care expenses that are deter25 mined by the State agency to be necVerDate Mar 15 2010 22:53 Dec 14, 2012 Jkt 029200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 E:\BILLS\H4297.RH H4297

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1 essary for the individual to participate 

2 in employment and training activities 

3 (other than an individual who is the 

4 caretaker relative of a dependent in a 

5 family receiving benefits under part A 

6 of title IV of the Social Security Act 

7 (42 U.S.C. 601 et seq.) in a local area 

8 where an employment, training, or 

9 education program under title IV of 

10 such Act is in operation), except that 

11 no such payment or reimbursement 

12 shall exceed the applicable local market 

13 rate. 

14 ‘‘(ii) SERVICE CONTRACTS AND VOUCH15 ERS.—In lieu of providing reimbursements 

16 or payments for dependent care expenses 

17 under clause (i), a State agency may, at its 

18 option, arrange for dependent care through 

19 providers by the use of purchase of service 

20 contracts or vouchers or by providing 

21 vouchers to the household. 

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 re2 imbursement 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 benefits 

7 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 of 

12 1986 (26 U.S.C. 21).’’. 

13 (d) ADMINISTRATION.—Section 11(e)(19) of the Food 

14 and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) is amend15 ed to read as follows: 

16 ‘‘(19) the plans of the State agency for providing 

17 employment and training services under section 

18 6(d)(4);’’. 

19 (e) ADMINISTRATIVE COST-SHARING AND QUALITY

20 CONTROL.—Section 16(h) of the Food and Nutrition Act 

21 of 2008 (7 U.S.C. 2025) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A) by striking ‘‘carry 

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1 ices to eligible households under section 6(d)(4)’’, 

2 and 

3 (B) in subparagraph (D) by striking ‘‘oper4 ating 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 par8 ticipation in an employment and training program’’ 

9 and inserting ‘‘the individual participating in em10 ployment 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 subject 

23 to the requirements of the performance accountability 

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1 ance measures included in section 136 of the Work2 force Investment Act (29 U.S.C. 2871).’’. 

3 (f) RESEARCH, DEMONSTRATION, AND EVALUA4 TIONS.—Section 17 of the Food and Nutrition Act of 2008 

5 (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’’ and 

12 inserting ‘‘activities provided to eligible house13 holds’’. 

14 (g) MINNESOTA FAMILY INVESTMENT PROJECT.—Sec15 tion 22(b)(4) of the Food and Nutrition Act of 2008 (7 

16 U.S.C. 2031(b)(4)) is amended by striking ‘‘equivalent to 

17 those offered under the employment and training program’’. 

18 SEC. 404. CONFORMING AMENDMENTS TO THE UNITED 

19 STATES CODE. 

20 Title 38, United States Code, is amended— 

21 (1) by striking the item relating to section 4103A 

22 and section 4104 in the table of sections at the begin23 ning of chapter 41 of such title; 

24 (2) in section 4102A— 

25 (A) in subsection (b)— 


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1 (i) by striking paragraphs (5), (6), 

2 and (7); 

3 (ii) by redesignating paragraph (8) as 

4 paragraph (5); 

5 (B) by striking subsections (c) and (h); 

6 (C) by redesignating subsection (d), (e), (f), 

7 and (g) as subsection (c), (d), (e), and (f); 

8 (D) in subsection (e)(1) (as so redesig9 nated)— 

10 (i) by striking ‘‘, including disabled 

11 veterans’ outreach program specialists and 

12 local veterans’ employment representatives 

13 providing employment, training, and place14 ment services under this chapter in a 

15 State’’; 

16 (ii) by striking ‘‘for purposes of sub17 section (c)’’. 

18 (3) in section 4109(a), by striking ‘‘disabled vet19 erans’ outreach program specialists, local veterans’ 

20 employment representatives’’ and inserting ‘‘veteran 

21 employment specialists appointed under section 

22 134(f) of the Workforce Investment Act’’; 

23 (4) in section 4109(d)(1), by striking ‘‘disabled 

24 veterans’ outreach program specialists and local vet25 erans’ employment representatives’’ and inserting 


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1 ‘‘veteran employment specialists appointed under sec2 tion 134(f) of the Workforce Investment Act’’; 

3 (5) in section 4112(d)— 

4 (A) in paragraph (1), by striking ‘‘disabled 

5 veterans’ outreach program specialist’’ and in6 serting ‘‘veteran employment specialist ap7 pointed under section 134(f) of the Workforce In8 vestment Act’’; and 

9 (B) by striking paragraph (2) and redesig10 nating paragraph (3) as paragraph (2); 

11 (6) in section 3672(d)(1), by striking ‘‘disabled 

12 veterans’ outreach program specialists under section 

13 4103A’’ and inserting ‘‘veteran employment special14 ists appointed under section 134(f) of the Workforce 

15 Investment Act of 1998’’. 

16 (7) in section 4113— 

17 (A) in subsection (a), by striking ‘‘section 

18 1144 of title 10’’ and inserting ‘‘section 175 of 

19 the Workforce Investment Act of 1998’’; and 

20 (B) in subsection (b), by striking ‘‘section 

21 1144(a)(1) of title 10’’ and inserting ‘‘section 

22 175(a) of the Workforce Investment Act of 1998’’; 

23 and 

24 (8) in section 4104A— 


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1 (A) in subsection (b)(1), by striking sub2 paragraph (A) and inserting the following: 

3 ‘‘(A) the appropriate veteran employment 

4 specialist (in carrying out the functions de5 scribed in section 134(f);’’; and 

6 (B) in subsection (c)(1), by striking sub7 paragraph (A) and inserting the following: 

8 ‘‘(A) collaborate with the appropriate vet9 eran employment specialist (as described in sec10 tion 134(f)) and the appropriate State boards 

11 and local boards (as such terms are defined in 

12 section 101 of the Workforce Investment Act of 

13 1998 (29 U.S.C. 2801));’’. 

14 SEC. 405. CONFORMING AMENDMENT TO TABLE OF CON15 TENTS. 

16 The table of contents in section 1(b) is amended to read 

17 as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 

‘‘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. 


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‘‘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—Job Corps 

‘‘Sec. 141. Purposes. 

‘‘Sec. 142. Definitions. 

‘‘Sec. 143. Establishment. 

‘‘Sec. 144. Individuals eligible for the Job Corps. 

‘‘Sec. 145. Recruitment, screening, selection, and assignment of enrollees. 

‘‘Sec. 146. Enrollment. 

‘‘Sec. 147. Job Corps centers. 

‘‘Sec. 148. Program activities. 

‘‘Sec. 149. Counseling and job placement. 

‘‘Sec. 150. Support. 

‘‘Sec. 151. Operations. 

‘‘Sec. 152. Standards of conduct. 

‘‘Sec. 153. Community participation. 

‘‘Sec. 154. Workforce councils. 

‘‘Sec. 155. [Repealed]. 

‘‘Sec. 156. Technical assistance to centers. 

‘‘Sec. 157. Application of provisions of Federal law. 

‘‘Sec. 158. Special provisions. 

‘‘Sec. 159. Management information. 

‘‘Sec. 160. General provisions. 

‘‘Sec. 161. Closure of low-performing Job Corps centers. 

‘‘Sec. 162. Reforms to remove political favoritism in the opening of new Job 

Corps centers. 

‘‘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. 


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‘‘Sec. 173. [Repealed]. 

‘‘Sec. 173A. [Repealed]. 

‘‘Sec. 174. [Repealed]. 

‘‘Sec. 175. Military transitional assistance. 

‘‘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. 

‘‘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. 

‘‘Sec. 196. Department Staff. 

‘‘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. 


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‘‘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. 

‘‘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. 


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‘‘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.’’. 

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.) is 

17 amended— 

18 (1) in section 3(a) (29 U.S.C. 702(a))— 


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1 (A) by striking ‘‘Office of the Secretary’’ 

2 and inserting ‘‘Department of Education’’; 

3 (B) by striking ‘‘President by and with the 

4 advice and consent of the Senate’’ and inserting 

5 ‘‘Secretary’’; and 

6 (C) by striking ‘‘, and the Commissioner 

7 shall be the principal officer,’’; 

8 (2) by striking ‘‘Commissioner’’ each place it ap9 pears (except in section 21) and inserting ‘‘Director’’; 

10 (3) in section 12(c) (29 U.S.C. 709), is amended 

11 by striking ‘‘Commissioner’s’’ and inserting ‘‘Direc12 tor’s’’; 

13 (4) in the heading for subparagraph (B) of sec14 tion 100(d)(2), by striking ‘‘COMMISSIONER’’ and in15 serting ‘‘DIRECTOR’’; 

16 (5) in the heading for section 706, by striking 

17 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 

18 (6) in the heading for paragraph (3) of section 

19 723(a), by striking ‘‘COMMISSIONER’’ and inserting 

20 ‘‘DIRECTOR’’; and 

21 (7) in section 21 (29 U.S.C. 718)— 

22 (A) in subsection (b)(1)— 

23 (i) by striking ‘‘Commissioner’’ the 

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1 tor of the Rehabilitation Services Adminis2 tration’’; 

3 (ii) by striking ‘‘(referred to in this 

4 subsection as the ‘Director’)’’; and 

5 (iii) by striking ‘‘The Commissioner 

6 and the Director’’ and inserting ‘‘Both such 

7 Directors’’; and 

8 (B) by striking ‘‘the Commissioner and the 

9 Director’’ each place it appears and inserting 

10 ‘‘both such Directors’’. 

11 (b) EFFECTIVE DATE; APPLICATION.—The amend12 ments made by subsection (a) shall— 

13 (1) take effect on the date of the enactment of 

14 this Act; and 

15 (2) apply with respect to the appointments of 

16 Directors of the Rehabilitation Services Administra17 tion made on or after the date of enactment of this 

18 Act, and the Directors so appointed. 

19 SEC. 503. DEFINITIONS. 

20 Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 

21 705) is amended— 

22 (1) by redesignating paragraphs (35) through 

23 (39) as paragraphs (36) through (40), respectively; 

24 (2) in subparagraph (A)(ii) of paragraph (36) 

25 (as redesignated by paragraph (1)), by striking 


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1 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

2 (37)(C)’’; and 

3 (3) by inserting after paragraph (34) the fol4 lowing: 

5 ‘‘(35)(A) The term ‘student with a disability’ 

6 means an individual with a disability who— 

7 ‘‘(i) is not younger than 16 and not 

8 older than 21; 

9 ‘‘(ii) has been determined to be eligible 

10 under section 102(a) for assistance under 

11 this title; and 

12 ‘‘(iii)(I) is eligible for, and is receiv13 ing, special education under part B of the 

14 Individuals with Disabilities Education Act 

15 (20 U.S.C. 1411 et seq.); or 

16 ‘‘(II) is an individual with a dis17 ability, for purposes of section 504. 

18 ‘‘(B) The term ‘students with disabilities’ means 

19 more than 1 student with a disability.’’. 

20 SEC. 504. STATE PLAN. 

21 Section 101(a) of the Rehabilitation Act of 1973 (29 

22 U.S.C. 721(a)) is amended— 

23 (1) in paragraph (11)— 

24 (A) in subparagraph (D)(i), by inserting 

25 before the semicolon the following: ‘‘, which may 


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1 be provided using alternative means of meeting 

2 participation (such as video conferences and con3 ference calls)’’; and 

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

5 ‘‘(G) COORDINATION WITH ASSISTIVE TECH6 NOLOGY PROGRAMS.—The State plan shall in7 clude an assurance that the designated State 

8 unit and the lead agency or implementing entity 

9 responsible for carrying out duties under the As10 sistive Technology Act of 1998 (29 U.S.C. 3001 

11 et seq.) have developed working relationships and 

12 coordinate their activities.’’; 

13 (2) in paragraph (15)— 

14 (A) in subparagraph (A)— 

15 (i) in clause (i)— 

16 (I) in subclause (II), by striking 

17 ‘‘and’’ at the end; 

18 (II) in subclause (III), by adding 

19 ‘‘and’’ at the end; and 

20 (III) by adding at the end the fol21 lowing: 

22 ‘‘(IV) students with disabilities, 

23 including their need for transition 

24 services;’’; 


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1 (ii) by redesignating clauses (ii) and 

2 (iii) as clauses (iii) and (iv), respectively; 

3 and 

4 (iii) by inserting after clause (i) the 

5 following: 

6 ‘‘(ii) include an assessment of the tran7 sition services provided under this Act, and 

8 coordinated with transition services under 

9 the Individuals with Disabilities Education 

10 Act, as to those services meeting the needs of 

11 individuals with disabilities;’’; and 

12 (B) in subparagraph (D)— 

13 (i) by redesignating clauses (iii), (iv), 

14 and (v) as clauses (iv), (v), and (vi), respec15 tively; and 

16 (ii) by inserting after clause (ii) the 

17 following: 

18 ‘‘(iii) the methods to be used to im19 prove and expand vocational rehabilitation 

20 services for students with disabilities, in21 cluding the coordination of services designed 

22 to facilitate the transition of such students 

23 from the receipt of educational services in 

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1 tion services under this title or to postsec2 ondary education or employment;’’; 

3 (3) in paragraph (22)— 

4 (A) by striking ‘‘carrying out part B of title 

5 VI, including’’; and 

6 (B) by striking ‘‘that part to supplement 

7 funds made available under part B of’’; 

8 (4) in paragraph (24)(A), by striking ‘‘part A of 

9 title VI’’ and inserting ‘‘section 109A’’; and 

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

11 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

12 State plan shall describe how the designated State 

13 agency will carry out the provisions of section 109A, 

14 including— 

15 ‘‘(A) the criteria such agency will use to 

16 award grants under such section; and 

17 ‘‘(B) how the activities carried out under 

18 such grants will be coordinated with other serv19 ices provided under this title. 

20 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL21 ITIES.—The State plan shall provide an assurance 

22 satisfactory to the Secretary that the State— 

23 ‘‘(A) has developed and implemented strate24 gies to address the needs identified in the assess25 ment described in paragraph (15), and achieve 


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1 the goals and priorities identified by the State, 

2 to improve and expand vocational rehabilitation 

3 services for students with disabilities on a state4 wide basis in accordance with paragraph (15); 

5 and 

6 ‘‘(B) from funds reserved under section 

7 110A, shall carry out programs or activities de8 signed to improve and expand vocational reha9 bilitation services for students with disabilities 

10 that— 

11 ‘‘(i) facilitate the transition of students 

12 with disabilities from the receipt of edu13 cational services in school, to the receipt of 

14 vocational rehabilitation services under this 

15 title, including, at a minimum, those serv16 ices specified in the interagency agreement 

17 required in paragraph (11)(D); 

18 ‘‘(ii) improve the achievement of post19 school goals of students with disabilities, in20 cluding improving the achievement through 

21 participation (as appropriate when career 

22 goals are discussed) in meetings regarding 

23 individualized education programs devel24 oped under section 614 of the Individuals 


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1 with Disabilities Education Act (20 U.S.C. 

2 1414); 

3 ‘‘(iii) provide career guidance, career 

4 exploration services, job search skills and 

5 strategies, and technical assistance to stu6 dents with disabilities; 

7 ‘‘(iv) support the provision of training 

8 and technical assistance to State and local 

9 educational agencies and designated State 

10 agency personnel responsible for the plan11 ning and provision of services to students 

12 with disabilities; and 

13 ‘‘(v) support outreach activities to stu14 dents with disabilities who are eligible for, 

15 and need, services under this title.’’. 

16 SEC. 505. SCOPE OF SERVICES. 

17 Section 103 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 723) is amended— 

19 (1) in subsection (a), by striking paragraph (15) 

20 and inserting the following: 

21 ‘‘(15) transition services for students with dis22 abilities, that facilitate the achievement of the em23 ployment outcome identified in the individualized 

24 plan for employment, including services described in 

25 clauses (i) through (iii) of section 101(a)(26)(B);’’; 


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1 (2) in subsection (b), by striking paragraph (6) 

2 and inserting the following: 

3 ‘‘(6)(A)(i) Consultation and technical assistance 

4 services to assist State and local educational agencies 

5 in planning for the transition of students with dis6 abilities from school to post-school activities, includ7 ing employment. 

8 ‘‘(ii) Training and technical assistance described 

9 in section 101(a)(26)(B)(iv). 

10 ‘‘(B) Services for groups of individuals with dis11 abilities who meet the requirements of clauses (i) and 

12 (iii) of section 7(35)(A), including services described 

13 in clauses (i), (ii), (iii), and (v) of section 

14 101(a)(26)(B), to assist in the transition from school 

15 to post-school activities.’’; and 

16 (3) in subsection (b) by inserting at the end, the 

17 following: 

18 ‘‘(7) The establishment, development, or improve19 ment of assistive technology demonstration, loan, re20 utilization, or financing programs in coordination 

21 with activities authorized under the Assistive Tech22 nology Act of 1998 (29 U.S.C. 3001) to promote ac23 cess to assistive technology for individuals with dis24 abilities and employers.’’. 


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1 SEC. 506. STANDARDS AND INDICATORS. 

2 Section 106 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 726(a)) is amended— 

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) STANDARDS AND INDICATORS.—The performance 

7 standards and indicators for the vocational rehabilitation 

8 program carried out under this title— 

9 ‘‘(1) shall be subject to paragraphs (2)(A) and 

10 (3) of section 136(b) of the Workforce Investment Act 

11 of 1998; and 

12 ‘‘(2) may, at a State’s discretion, include addi13 tional indicators identified in the State plan sub14 mitted under section 101.’’; and 

15 (2) in subsection (b)(2)(B), by striking clause (i) 

16 and inserting the following: 

17 ‘‘(i) on a biannual basis, review the 

18 program improvement efforts of the State 

19 and, if the State has not improved its per20 formance to acceptable levels, as determined 

21 by the Director, direct the State to make re22 visions to the plan to improve performance; 

23 and’’. 

24 SEC. 507. COLLABORATION WITH INDUSTRY. 

25 The Rehabilitation Act of 1973 is amended by insert26 ing after section 109 (29 U.S.C. 729) the following: 


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1 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

2 ‘‘(a) AUTHORITY.—A State shall use not less than one3 half of one percent of the payment the State receives under 

4 section 111 for a fiscal year to award grants to eligible enti5 ties to create practical job and career readiness and train6 ing programs, and to provide job placements and career ad7 vancement. 

8 ‘‘(b) APPLICATION.—To receive a grant under this sec9 tion, an eligible entity shall submit an application to a des10 ignated State agency at such time, in such manner, and 

11 containing such information as such agency shall require. 

12 Such application shall include, at a minimum— 

13 ‘‘(1) a plan for evaluating the effectiveness of the 

14 program; 

15 ‘‘(2) a plan for collecting and reporting the data 

16 and information described under subparagraphs (A) 

17 through (C) of section 101(a)(10), as determined ap18 propriate by the designated State agency; and 

19 ‘‘(3) a plan for providing for the non-Federal 

20 share of the costs of the program. 

21 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

22 under this section shall use the grant funds to carry out 

23 a program that provides one or more of the following: 

24 ‘‘(1) Job development, job placement, and career 

25 advancement services for individuals with disabilities. 


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1 ‘‘(2) Training in realistic work settings in order 

2 to prepare individuals with disabilities for employ3 ment and career advancement in the competitive 

4 market. 

5 ‘‘(3) Providing individuals with disabilities with 

6 such support services as may be required in order to 

7 maintain the employment and career advancement 

8 for which the individuals have received training. 

9 ‘‘(d) AWARDS.—Grants under this section shall— 

10 ‘‘(1) be awarded for a period not to exceed 5 

11 years; and 

12 ‘‘(2) be awarded competitively. 

13 ‘‘(e) ELIGIBLE ENTITY DEFINED.—For the purposes of 

14 this section, the term ‘eligible entity’ means a for-profit 

15 business, alone or in partnership with one or more of the 

16 following: 

17 ‘‘(1) Community rehabilitation program pro18 viders. 

19 ‘‘(2) Indian tribes. 

20 ‘‘(3) Tribal organizations. 

21 ‘‘(f) FEDERAL SHARE.—The Federal share of a pro22 gram under this section shall not exceed 80 percent of the 

23 costs of the program. 

24 ‘‘(g) ELIGIBILITY FOR SERVICES.—An individual 

25 shall be eligible for services provided under a program 


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1 under this section if the individual is determined under sec2 tion 102(a)(1) to be eligible for assistance under this title.’’. 

3 SEC. 508. RESERVATION FOR EXPANDED TRANSITION SERV4 ICES. 

5 The Rehabilitation Act of 1973 is amended by insert6 ing after section 110 (29 U.S.C. 730) the following: 

7 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

8 SERVICES. 

9 ‘‘Each State shall reserve not less than 10 percent of 

10 the funds allotted to the State under section 110(a) to carry 

11 out programs and activities under sections 101(a)(26)(B) 

12 and 103(b)(6).’’. 

13 SEC. 509. CLIENT ASSISTANCE PROGRAM. 

14 Section 112(e)(1) of the Rehabilitation Act of 1973 (29 

15 U.S.C. 732(e)(1)) is amended by redesignating subpara16 graph (D) as subparagraph (E) and inserting after sub17 paragraph (C) the following: 

18 ‘‘(D) The Secretary shall make grants to the 

19 protection and advocacy system serving the 

20 American Indian Consortium to provide services 

21 in accordance with this section. The amount of 

22 such grants shall be the same as provided to ter23 ritories under this subsection.’’. 


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1 SEC. 510. TITLE III REPEALS. 

2 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

3 771 et seq.) is amended— 

4 (1) in section 301(a)— 

5 (A) in paragraph (2), by inserting ‘‘and’’ at 

6 the end; 

7 (B) by striking paragraphs (3) and (4); and 

8 (C) by redesignating paragraph (5) as 

9 paragraph (3); 

10 (2) in section 302(g)— 

11 (A) in the heading, by striking ‘‘AND IN12 SERVICE TRAINING’’; and 

13 (B) by striking paragraph (3); 

14 (3) by striking sections 304 and 305; and 

15 (4) by redesignating section 306 as section 304. 

16 SEC. 511. REPEAL OF TITLE VI. 

17 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

18 is amended by repealing title VI. 

19 SEC. 512. CHAIRPERSON. 

20 Section 705(b)(5) of the Rehabilitation Act of 1973 (29 

21 U.S.C. 796d(b)(5)) is amended to read as follows: 

22 ‘‘(5) CHAIRPERSON.—The Council shall select a 

23 chairperson from among the voting membership of the 

24 Council.’’. 


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1 SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS. 

2 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

3 is further amended— 

4 (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), 

5 by striking ‘‘such sums as may be necessary for fiscal 

6 years 1999 through 2003’’ and inserting 

7 ‘‘$3,121,712,000 for fiscal year 2013 and each of the 

8 5 succeeding fiscal years’’; 

9 (2) in section 110(c) (29 U.S.C. 730(c)), by 

10 amending paragraph (2) to read as follows: 

11 ‘‘(2) The sum referred to in paragraph (1) shall 

12 be, as determined by the Secretary, not less than 1 

13 percent and not more than 1.5 percent of the amount 

14 referred to in paragraph (1) for each of fiscal years 

15 2013 through 2018.’’; 

16 (3) in section 112(h) (29 U.S.C. 732(h)) by strik17 ing ‘‘such sums as may be necessary for fiscal years 

18 1999 through 2003’’ and inserting ‘‘$12,240,000 for 

19 fiscal year 2013 and each of the 5 succeeding fiscal 

20 years’’; 

21 (4) by amending subsection (a) of section 201 

22 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) There are 

23 authorized to be appropriated $108,817,000 for fiscal 

24 year 2013 and each of the 5 succeeding fiscal years 

25 to carry out this title.’’; 


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1 (5) in section 302(i) (29 U.S.C. 772(i)) by strik2 ing ‘‘such sums as may be necessary for each of the 

3 fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$35,515,000 for fiscal year 2013 and each of the 5 

5 succeeding fiscal years’’; 

6 (6) in section 303(e) (29 U.S.C. 773(e)) by strik7 ing ‘‘such sums as may be necessary for each of the 

8 fiscal years 1999 through 2003’’ and inserting 

9 ‘‘$5,325,000 for fiscal year 2013 and each of the 5 

10 succeeding fiscal years’’; 

11 (7) in section 405 (29 U.S.C. 785) by striking 

12 ‘‘such sums as may be necessary for each of the fiscal 

13 years 1999 through 2003’’ and inserting ‘‘$3,258,000 

14 for fiscal year 2013 and each of the 5 succeeding fis15 cal years’’; 

16 (8) in section 502(j) (29 U.S.C. 792(j)) by strik17 ing ‘‘such sums as may be necessary for each of the 

18 fiscal years 1999 through 2003’’ and inserting 

19 ‘‘$7,400,000 for fiscal year 2013 and each of the 5 

20 succeeding fiscal years’’; 

21 (9) in section 509(l) (29 U.S.C. 794e(l)) by strik22 ing ‘‘such sums as may be necessary for each of the 

23 fiscal years 1999 through 2003’’ and inserting 

24 ‘‘$18,031,000 for fiscal year 2013 and each of the 5 

25 succeeding fiscal years’’; 


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1 (10) in section 714 (29 U.S.C. 796e–3), by strik2 ing ‘‘such sums as may be necessary for each of the 

3 fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$23,359,000 for fiscal year 2013 and each of the 5 

5 succeeding fiscal years’’; 

6 (11) in section 727 (29 U.S.C. 796f–6), by strik7 ing ‘‘such sums as may be necessary for each of the 

8 fiscal years 1999 through 2003’’ and inserting 

9 ‘‘$79,953,000 for fiscal year 2013 and each of the 5 

10 succeeding fiscal years’’; and 

11 (12) in section 753 (29 U.S.C. 7961), by striking 

12 ‘‘such sums as may be necessary for each of the fiscal 

13 years 1999 through 2003’’ and inserting ‘‘$34,018,000 

14 for fiscal year 2013 and each of the 5 succeeding fis15 cal years’’. 

16 SEC. 514. CONFORMING AMENDMENTS. 

17 Section 1(b) of the Rehabilitation Act of 1973 is 

18 amended— 

19 (1) by inserting after the item relating to section 

20 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

21 (2) by inserting after the item relating to section 

22 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 


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1 (3) by striking the item related to section 304 

2 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

3 (4) by striking the items related to sections 305 

4 and 306; and 

5 (5) by striking the items related to title VI. 


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Union Calendar No. 513 

112TH CONGRESS 

2D SESSION H. R. 4297 

[Report No. 112–699, Part I] 

A BILL 

To reform and strengthen the workforce investment 

tive in the 21st century. work and make the United States more competisystem of the Nation to put Americans back to 

DECEMBER 14, 2012 

The Committee on Veterans’ Affairs discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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