PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1425 

Public Law 113–128 

113th Congress 

An Act 

To amend the Workforce Investment Act of 1998 to strengthen the United States 

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

and to promote individual and national economic growth, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Innovation and Opportunity Act’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES 

Subtitle A—System Alignment 

CHAPTER 1—STATE PROVISIONS

Sec. 101. State workforce development boards. 

Sec. 102. Unified State plan. 

Sec. 103. Combined State plan. 

CHAPTER 2—LOCAL PROVISIONS

Sec. 106. Workforce development areas. 

Sec. 107. Local workforce development boards. 

Sec. 108. Local plan. 

CHAPTER 3—BOARD PROVISIONS

Sec. 111. Funding of State and local boards. 

CHAPTER 4—PERFORMANCE ACCOUNTABILITY

Sec. 116. Performance accountability system. 

Subtitle B—Workforce Investment Activities and Providers 

CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS

Sec. 121. Establishment of one-stop delivery systems. 

Sec. 122. Identification of eligible providers of training services. 

Sec. 123. Eligible providers of youth workforce investment activities. 

CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES

Sec. 126. General authorization. 

Sec. 127. State allotments. 

Sec. 128. Within State allocations. 

Sec. 129. Use of funds for youth workforce investment activities. 

CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING

ACTIVITIES

Sec. 131. General authorization. 

29 USC 3101 

note. 

Workforce 

Innovation and 

Opportunity Act. 

July 22, 2014 

[H.R. 803] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1426 PUBLIC LAW 113–128—JULY 22, 2014 

Sec. 132. State allotments. 

Sec. 133. Within State allocations. 

Sec. 134. Use of funds for employment and training activities. 

CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS

Sec. 136. 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. Advisory committees. 

Sec. 156. Experimental projects and technical assistance. 

Sec. 157. Application of provisions of Federal law. 

Sec. 158. Special provisions. 

Sec. 159. Management information. 

Sec. 160. General provisions. 

Sec. 161. Job Corps oversight and reporting. 

Sec. 162. Authorization of appropriations. 

Subtitle D—National Programs 

Sec. 166. Native American programs. 

Sec. 167. Migrant and seasonal farmworker programs. 

Sec. 168. Technical assistance. 

Sec. 169. Evaluations and research. 

Sec. 170. National dislocated worker grants. 

Sec. 171. YouthBuild program. 

Sec. 172. Authorization of appropriations. 

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. Secretarial administrative authorities and responsibilities. 

Sec. 190. Workforce flexibility plans. 

Sec. 191. State legislative authority. 

Sec. 192. Transfer of Federal equity in State employment security agency real property to the States. 

Sec. 193. Continuation of State activities and policies. 

Sec. 194. General program requirements. 

Sec. 195. Restrictions on lobbying activities. 

TITLE II—ADULT EDUCATION AND LITERACY 

Sec. 201. Short title. 

Sec. 202. Purpose. 

Sec. 203. Definitions. 

Sec. 204. Home schools. 

Sec. 205. Rule of construction regarding postsecondary transition and concurrent 

enrollment activities. 

Sec. 206. Authorization of appropriations. 

Subtitle A—Federal Provisions 

Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 

Sec. 212. Performance accountability system. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1427 

Subtitle B—State Provisions 

Sec. 221. State administration. 

Sec. 222. State distribution of funds; matching requirement. 

Sec. 223. State leadership activities. 

Sec. 224. State plan. 

Sec. 225. Programs for corrections education and other institutionalized individuals. 

Subtitle C—Local Provisions 

Sec. 231. Grants and contracts for eligible providers. 

Sec. 232. Local application. 

Sec. 233. Local administrative cost limits. 

Subtitle D—General Provisions 

Sec. 241. Administrative provisions. 

Sec. 242. National leadership activities. 

Sec. 243. Integrated English literacy and civics education. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Employment service offices. 

Sec. 302. Definitions. 

Sec. 303. Federal and State employment service offices. 

Sec. 304. Allotment of sums. 

Sec. 305. Use of sums. 

Sec. 306. State plan. 

Sec. 307. Performance measures. 

Sec. 308. Workforce and labor market information system. 

TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

Sec. 401. References. 

Sec. 402. Findings, purpose, policy. 

Sec. 403. Rehabilitation Services Administration. 

Sec. 404. Definitions. 

Sec. 405. Administration of the Act. 

Sec. 406. Reports. 

Sec. 407. Evaluation and information. 

Sec. 408. Carryover. 

Sec. 409. Traditionally underserved populations. 

Subtitle B—Vocational Rehabilitation Services 

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

Sec. 412. State plans. 

Sec. 413. Eligibility and individualized plan for employment. 

Sec. 414. Vocational rehabilitation services. 

Sec. 415. State Rehabilitation Council. 

Sec. 416. Evaluation standards and performance indicators. 

Sec. 417. Monitoring and review. 

Sec. 418. Training and services for employers. 

Sec. 419. State allotments. 

Sec. 420. Payments to States. 

Sec. 421. Client assistance program. 

Sec. 422. Pre-employment transition services. 

Sec. 423. American Indian vocational rehabilitation services. 

Sec. 424. Vocational rehabilitation services client information. 

Subtitle C—Research and Training 

Sec. 431. Purpose. 

Sec. 432. Authorization of appropriations. 

Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation 

Research. 

Sec. 434. Interagency committee. 

Sec. 435. Research and other covered activities. 

Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

Sec. 437. Definition of covered school. 

Subtitle D—Professional Development and Special Projects and Demonstration 

Sec. 441. Purpose; training. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1428 PUBLIC LAW 113–128—JULY 22, 2014 

Sec. 442. Demonstration, training, and technical assistance programs. 

Sec. 443. Migrant and seasonal farmworkers; recreational programs. 

Subtitle E—National Council on Disability 

Sec. 451. Establishment. 

Sec. 452. Report. 

Sec. 453. Authorization of appropriations. 

Subtitle F—Rights and Advocacy 

Sec. 456. Interagency Committee, Board, and Council. 

Sec. 457. Protection and advocacy of individual rights. 

Sec. 458. Limitations on use of subminimum wage. 

Subtitle G—Employment Opportunities for Individuals With Disabilities 

Sec. 461. Employment opportunities for individuals with disabilities. 

Subtitle H—Independent Living Services and Centers for Independent Living 

CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT DISABILITIES

SUBCHAPTER A—GENERAL PROVISIONS

Sec. 471. Purpose. 

Sec. 472. Administration of the independent living program. 

Sec. 473. Definitions. 

Sec. 474. State plan. 

Sec. 475. Statewide Independent Living Council. 

Sec. 475A. Responsibilities of the Administrator. 

SUBCHAPTER B—INDEPENDENT LIVING SERVICES

Sec. 476. Administration. 

SUBCHAPTER C—CENTERS FOR INDEPENDENT LIVING

Sec. 481. Program authorization. 

Sec. 482. Centers. 

Sec. 483. Standards and assurances. 

Sec. 484. Authorization of appropriations. 

CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE

BLIND

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

Sec. 487. Program of grants. 

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

Subtitle I—General Provisions 

Sec. 491. Transfer of functions regarding independent living to Department of 

Health and Human Services, and savings provisions. 

Sec. 492. Table of contents. 

TITLE V—GENERAL PROVISIONS 

Subtitle A—Workforce Investment 

Sec. 501. Privacy. 

Sec. 502. Buy-American requirements. 

Sec. 503. Transition provisions. 

Sec. 504. Reduction of reporting burdens and requirements. 

Sec. 505. Report on data capability of Federal and State databases and data exchange agreements. 

Sec. 506. Effective dates. 

Subtitle B—Amendments to Other Laws 

Sec. 511. Repeal of the Workforce Investment Act of 1998. 

Sec. 512. Conforming amendments. 

Sec. 513. References. 

SEC. 2. PURPOSES. 

The purposes of this Act are the following: 

(1) To increase, for individuals in the United States, 

particularly those individuals with barriers to employment, 

29 USC 3101. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1429 

access to and opportunities for the employment, education, 

training, and support services they need to succeed in the 

labor market. 

(2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development 

system in the United States. 

(3) To improve the quality and labor market relevance 

of workforce investment, education, and economic development 

efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with 

family-sustaining wages and to provide America’s employers 

with the skilled workers the employers need to succeed in 

a global economy. 

(4) To promote improvement in the structure of and 

delivery of services through the United States workforce 

development system to better address the employment and 

skill needs of workers, jobseekers, and employers. 

(5) To increase the prosperity of workers and employers 

in the United States, the economic growth of communities, 

regions, and States, and the global competitiveness of the 

United States. 

(6) For purposes of subtitle A and B of title I, to provide 

workforce investment activities, through statewide and local 

workforce development systems, that increase the employment, 

retention, and earnings of participants, and increase attainment 

of recognized postsecondary credentials by participants, and 

as a result, improve the quality of the workforce, reduce welfare 

dependency, increase economic self-sufficiency, meet the skill 

requirements of employers, and enhance the productivity and 

competitiveness of the Nation. 

SEC. 3. DEFINITIONS. 

In this Act, and the core program provisions that are not 

in this Act, except as otherwise expressly provided: 

(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative 

costs’’ means expenditures incurred by State boards and local 

boards, direct recipients (including State grant recipients under 

subtitle B of title I and recipients of awards under subtitles 

C and D of title I), local grant recipients, local fiscal agents 

or local grant subrecipients, and one-stop operators in the 

performance of administrative functions and in carrying out 

activities under title I that are not related to the direct provision of workforce investment services (including services to 

participants and employers). Such costs include both personnel 

and nonpersonnel costs and both direct and indirect costs. 

(2) ADULT.—Except as otherwise specified in section 132, 

the term ‘‘adult’’ means an individual who is age 18 or older. 

(3) ADULT EDUCATION; ADULT EDUCATION AND LITERACY

ACTIVITIES.—The terms ‘‘adult education’’ and ‘‘adult education 

and literacy activities’’ have the meanings given the terms 

in section 203. 

(4) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.— 

The term ‘‘area career and technical education school’’ has 

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

Career and Technical Education Act of 2006 (20 U.S.C. 2302). 

29 USC 3102. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1430 PUBLIC LAW 113–128—JULY 22, 2014 

(5) BASIC SKILLS DEFICIENT.—The term ‘‘basic skills deficient’’ means, with respect to an individual— 

(A) who is a youth, that the individual has English 

reading, writing, or computing skills at or below the 8th 

grade level on a generally accepted standardized test; or 

(B) who is a youth or adult, that the individual is 

unable to compute or solve problems, or read, write, or 

speak English, at a level necessary to function on the 

job, in the individual’s family, or in society. 

(6) CAREER AND TECHNICAL EDUCATION.—The term ‘‘career 

and technical education’’ has the meaning given the term in 

section 3 of the Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2302). 

(7) CAREER PATHWAY.—The term ‘‘career pathway’’ means 

a combination of rigorous and high-quality education, training, 

and other services that— 

(A) aligns with the skill needs of industries in the 

economy of the State or regional economy involved; 

(B) prepares an individual to be successful in any 

of a full range of secondary or postsecondary education 

options, including apprenticeships registered under the Act 

of August 16, 1937 (commonly known as the ‘‘National 

Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 

50 et seq.) (referred to individually in this Act as an 

‘‘apprenticeship’’, except in section 171); 

(C) includes counseling to support an individual in 

achieving the individual’s education and career goals; 

(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or 

occupational cluster; 

(E) organizes education, training, and other services 

to meet the particular needs of an individual in a manner 

that accelerates the educational and career advancement 

of the individual to the extent practicable; 

(F) enables an individual to attain a secondary school 

diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and 

(G) helps an individual enter or advance within a 

specific occupation or occupational cluster. 

(8) CAREER PLANNING.—The term ‘‘career planning’’ means 

the provision of a client-centered approach in the delivery of 

services, designed— 

(A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants 

to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and 

(B) to provide job, education, and career counseling, 

as appropriate during program participation and after job 

placement. 

(9) CHIEF ELECTED OFFICIAL.—The term ‘‘chief elected official’’ means— 

(A) the chief elected executive officer of a unit of general local government in a local area; and 

(B) in a case in which a local area includes more 

than 1 unit of general local government, the individuals 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1431 

designated under the agreement described in section 

107(c)(1)(B). 

(10) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a private nonprofit organization 

(which may include a faith-based organization), that is representative of a community or a significant segment of a 

community and that has demonstrated expertise and effectiveness in the field of workforce development. 

(11) COMPETITIVE INTEGRATED EMPLOYMENT.—The term 

‘‘competitive integrated employment’’ has the meaning given 

the term in section 7 of the Rehabilitation Act of 1973 (29 

U.S.C. 705), for individuals with disabilities. 

(12) CORE PROGRAM.—The term ‘‘core programs’’ means 

a program authorized under a core program provision. 

(13) CORE PROGRAM PROVISION.—The term ‘‘core program 

provision’’ means— 

(A) chapters 2 and 3 of subtitle B of title I (relating 

to youth workforce investment activities and adult and 

dislocated worker employment and training activities); 

(B) title II (relating to adult education and literacy 

activities); 

(C) sections 1 through 13 of the Wagner-Peyser Act 

(29 U.S.C. 49 et seq.) (relating to employment services); 

and 

(D) title I of the Rehabilitation Act of 1973 (29 U.S.C. 

720 et seq.), other than section 112 or part C of that 

title (29 U.S.C. 732, 741) (relating to vocational rehabilitation services). 

(14) CUSTOMIZED TRAINING.—The term ‘‘customized 

training’’ means training— 

(A) that is designed to meet the specific requirements 

of an employer (including a group of employers); 

(B) that is conducted with a commitment by the 

employer to employ an individual upon successful completion of the training; and 

(C) for which the employer pays— 

(i) a significant portion of the cost of training, 

as determined by the local board involved, taking into 

account the size of the employer and such other factors 

as the local board determines to be appropriate, which 

may include the number of employees participating 

in training, wage and benefit levels of those employees 

(at present and anticipated upon completion of the 

training), relation of the training to the competitiveness of a participant, and other employer-provided 

training and advancement opportunities; and 

(ii) in the case of customized training (as defined 

in subparagraphs (A) and (B)) involving an employer 

located in multiple local areas in the State, a significant portion of the cost of the training, as determined 

by the Governor of the State, taking into account the 

size of the employer and such other factors as the 

Governor determines to be appropriate. 

(15) DISLOCATED WORKER.—The term ‘‘dislocated worker’’ 

means an individual who— 

(A)(i) has been terminated or laid off, or who has 

received a notice of termination or layoff, from employment; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1432 PUBLIC LAW 113–128—JULY 22, 2014 

(ii)(I) is eligible for or has exhausted entitlement to 

unemployment compensation; or 

(II) has been employed for a duration sufficient to 

demonstrate, to the appropriate entity at a one-stop center 

referred to in section 121(e), attachment to the workforce, 

but is not eligible for unemployment compensation due 

to insufficient earnings or having performed services for 

an employer that were not covered under a State unemployment compensation law; and 

(iii) is unlikely to return to a previous industry or 

occupation; 

(B)(i) has been terminated or laid off, or has received 

a notice of termination or layoff, from employment as a 

result of any permanent closure of, or any substantial 

layoff at, a plant, facility, or enterprise; 

(ii) is employed at a facility at which the employer 

has made a general announcement that such facility will 

close within 180 days; or 

(iii) for purposes of eligibility to receive services other 

than training services described in section 134(c)(3), career 

services described in section 134(c)(2)(A)(xii), or supportive 

services, is employed at a facility at which the employer 

has made a general announcement that such facility will 

close; 

(C) was self-employed (including employment as a 

farmer, a rancher, or a fisherman) but is unemployed as 

a result of general economic conditions in the community 

in which the individual resides or because of natural disasters; 

(D) is a displaced homemaker; or 

(E)(i) is the spouse of a member of the Armed Forces 

on active duty (as defined in section 101(d)(1) of title 10, 

United States Code), and who has experienced a loss of 

employment as a direct result of relocation to accommodate 

a permanent change in duty station of such member; or 

(ii) is the spouse of a member of the Armed Forces 

on active duty and who meets the criteria described in 

paragraph (16)(B). 

(16) DISPLACED HOMEMAKER.—The term ‘‘displaced homemaker’’ means an individual who has been providing unpaid 

services to family members in the home and who— 

(A)(i) has been dependent on the income of another 

family member but is no longer supported by that income; 

or 

(ii) is the dependent spouse of a member of the Armed 

Forces on active duty (as defined in section 101(d)(1) of 

title 10, United States Code) and whose family income 

is significantly reduced because of a deployment (as defined 

in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to 

active duty pursuant to a provision of law referred to 

in section 101(a)(13)(B) of title 10, United States Code, 

a permanent change of station, or the service-connected 

(as defined in section 101(16) of title 38, United States 

Code) death or disability of the member; and 

(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1433 

(17) ECONOMIC DEVELOPMENT AGENCY.—The term ‘‘economic development agency’’ includes a local planning or zoning 

commission or board, a community development agency, or 

another local agency or institution responsible for regulating, 

promoting, or assisting in local economic development. 

(18) ELIGIBLE YOUTH.—Except as provided in subtitles C 

and D of title I, the term ‘‘eligible youth’’ means an in-school 

youth or out-of-school youth. 

(19) EMPLOYMENT AND TRAINING ACTIVITY.—The term 

‘‘employment and training activity’’ means an activity described 

in section 134 that is carried out for an adult or dislocated 

worker. 

(20) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The term 

‘‘English language acquisition program’’ has the meaning given 

the term in section 203. 

(21) ENGLISH LANGUAGE LEARNER.—The term ‘‘English language learner’’ has the meaning given the term in section 

203. 

(22) GOVERNOR.—The term ‘‘Governor’’ means the chief 

executive of a State or an outlying area. 

(23) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.— 

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

or occupation’’ means— 

(i) an industry sector that has a substantial current or potential impact (including through jobs that 

lead to economic self-sufficiency and opportunities for 

advancement) on the State, regional, or local economy, 

as appropriate, and that contributes to the growth 

or stability of other supporting businesses, or the 

growth of other industry sectors; or 

(ii) an occupation that currently has or is projected 

to have a number of positions (including positions that 

lead to economic self-sufficiency and opportunities for 

advancement) in an industry sector so as to have a 

significant impact on the State, regional, or local 

economy, as appropriate. 

(B) DETERMINATION.—The determination of whether 

an industry sector or occupation is in-demand under this 

paragraph shall be made by the State board or local board, 

as appropriate, using State and regional business and labor 

market projections, including the use of labor market 

information. 

(24) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—The 

term ‘‘individual with a barrier to employment’’ means a 

member of 1 or more of the following populations: 

(A) Displaced homemakers. 

(B) Low-income individuals. 

(C) Indians, Alaska Natives, and Native Hawaiians, 

as such terms are defined in section 166. 

(D) Individuals with disabilities, including youth who 

are individuals with disabilities. 

(E) Older individuals. 

(F) Ex-offenders. 

(G) Homeless individuals (as defined in section 

41403(6) of the Violence Against Women Act of 1994 (42 

U.S.C. 14043e–2(6))), or homeless children and youths (as 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1434 PUBLIC LAW 113–128—JULY 22, 2014 

defined in section 725(2) of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11434a(2))). 

(H) Youth who are in or have aged out of the foster 

care system. 

(I) Individuals who are English language learners, 

individuals who have low levels of literacy, and individuals 

facing substantial cultural barriers. 

(J) Eligible migrant and seasonal farmworkers, as 

defined in section 167(i). 

(K) Individuals within 2 years of exhausting lifetime 

eligibility under part A of title IV of the Social Security 

Act (42 U.S.C. 601 et seq.). 

(L) Single parents (including single pregnant women). 

(M) Long-term unemployed individuals. 

(N) Such other groups as the Governor involved determines to have barriers to employment. 

(25) INDIVIDUAL WITH A DISABILITY.— 

(A) IN GENERAL.—The term ‘‘individual with a disability’’ means an individual with a disability as defined 

in section 3 of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12102). 

(B) INDIVIDUALS WITH DISABILITIES.—The term 

‘‘individuals with disabilities’’ means more than 1 individual with a disability. 

(26) INDUSTRY OR SECTOR PARTNERSHIP.—The term 

‘‘industry or sector partnership’’ means a workforce collaborative, convened by or acting in partnership with a State board 

or local board, that— 

(A) organizes key stakeholders in an industry cluster 

into a working group that focuses on the shared goals 

and human resources needs of the industry cluster and 

that includes, at the appropriate stage of development of 

the partnership— 

(i) representatives of multiple businesses or other 

employers in the industry cluster, including small and 

medium-sized employers when practicable; 

(ii) 1 or more representatives of a recognized State 

labor organization or central labor council, or another 

labor representative, as appropriate; and 

(iii) 1 or more representatives of an institution 

of higher education with, or another provider of, education or training programs that support the industry 

cluster; and 

(B) may include representatives of— 

(i) State or local government; 

(ii) State or local economic development agencies; 

(iii) State boards or local boards, as appropriate; 

(iv) a State workforce agency or other entity providing employment services; 

(v) other State or local agencies; 

(vi) business or trade associations; 

(vii) economic development organizations; 

(viii) nonprofit organizations, community-based 

organizations, or intermediaries; 

(ix) philanthropic organizations; 

(x) industry associations; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1435 

(xi) other organizations, as determined to be necessary by the members comprising the industry or 

sector partnership. 

(27) IN-SCHOOL YOUTH.—The term ‘‘in-school youth’’ means 

a youth described in section 129(a)(1)(C). 

(28) INSTITUTION OF HIGHER EDUCATION.—The term 

‘‘institution of higher education’’ has the meaning given the 

term in section 101, and subparagraphs (A) and (B) of section 

102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001, 

1002(a)(1)). 

(29) INTEGRATED EDUCATION AND TRAINING.—The term 

‘‘integrated education and training’’ has the meaning given 

the term in section 203. 

(30) LABOR MARKET AREA.—The term ‘‘labor market area’’ 

means an economically integrated geographic area within which 

individuals can reside and find employment within a reasonable 

distance or can readily change employment without changing 

their place of residence. Such an area shall be identified in 

accordance with criteria used by the Bureau of Labor Statistics 

of the Department of Labor in defining such areas or similar 

criteria established by a Governor. 

(31) LITERACY.—The term ‘‘literacy’’ has the meaning given 

the term in section 203. 

(32) LOCAL AREA.—The term ‘‘local area’’ means a local 

workforce investment area designated under section 106, subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i). 

(33) LOCAL BOARD.—The term ‘‘local board’’ means a local 

workforce development board established under section 107, 

subject to section 107(c)(4)(B)(i). 

(34) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

(35) LOCAL PLAN.—The term ‘‘local plan’’ means a plan 

submitted under section 108, subject to section 106(c)(3)(B). 

(36) LOW-INCOME INDIVIDUAL.— 

(A) IN GENERAL.—The term ‘‘low-income individual’’ 

means an individual who— 

(i) receives, or in the past 6 months has received, 

or is a member of a family that is receiving or in 

the past 6 months has received, assistance through 

the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 

U.S.C. 2011 et seq.), the program of block grants to 

States for temporary assistance for needy families program under part A of title IV of the Social Security 

Act (42 U.S.C. 601 et seq.), or the supplemental security income program established under title XVI of 

the Social Security Act (42 U.S.C. 1381 et seq.), or 

State or local income-based public assistance; 

(ii) is in a family with total family income that 

does not exceed the higher of— 

(I) the poverty line; or 

(II) 70 percent of the lower living standard 

income level; 

(iii) is a homeless individual (as defined in section 

41403(6) of the Violence Against Women Act of 1994 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1436 PUBLIC LAW 113–128—JULY 22, 2014 

(42 U.S.C. 14043e–2(6))), or a homeless child or youth 

(as defined under section 725(2) of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11434a(2))); 

(iv) receives or is eligible to receive a free or 

reduced price lunch under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.); 

(v) is a foster child on behalf of whom State or 

local government payments are made; or 

(vi) is an individual with a disability whose own 

income meets the income requirement of clause (ii), 

but who is a member of a family whose income does 

not meet this requirement. 

(B) LOWER LIVING STANDARD INCOME LEVEL.—The term 

‘‘lower living standard income level’’ means that income 

level (adjusted for regional, metropolitan, urban, and rural 

differences and family size) determined annually by the 

Secretary of Labor based on the most recent lower living 

family budget issued by the Secretary. 

(37) NONTRADITIONAL EMPLOYMENT.—The term ‘‘nontraditional employment’’ refers to occupations or fields of work, 

for which individuals from the gender involved comprise less 

than 25 percent of the individuals employed in each such 

occupation or field of work. 

(38) OFFENDER.—The term ‘‘offender’’ means an adult or 

juvenile— 

(A) who is or has been subject to any stage of the 

criminal justice process, and for whom services under this 

Act may be beneficial; or 

(B) who requires assistance in overcoming artificial 

barriers to employment resulting from a record of arrest 

or conviction. 

(39) OLDER INDIVIDUAL.—The term ‘‘older individual’’ 

means an individual age 55 or older. 

(40) ONE-STOP CENTER.—The term ‘‘one-stop center’’ means 

a site described in section 121(e)(2). 

(41) ONE-STOP OPERATOR.—The term ‘‘one-stop operator’’ 

means 1 or more entities designated or certified under section 

121(d). 

(42) ONE-STOP PARTNER.—The term ‘‘one-stop partner’’ 

means— 

(A) an entity described in section 121(b)(1); and 

(B) an entity described in section 121(b)(2) that is 

participating, with the approval of the local board and 

chief elected official, in the operation of a one-stop delivery 

system. 

(43) ONE-STOP PARTNER PROGRAM.—The term ‘‘one-stop 

partner program’’ means a program or activities described in 

section 121(b) of a one-stop partner. 

(44) ON-THE-JOB TRAINING.—The term ‘‘on-the-job training’’ 

means training by an employer that is provided to a paid 

participant while engaged in productive work in a job that— 

(A) provides knowledge or skills essential to the full 

and adequate performance of the job; 

(B) is made available through a program that provides 

reimbursement to the employer of up to 50 percent of 

the wage rate of the participant, except as provided in 

section 134(c)(3)(H), for the extraordinary costs of providing 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1437 

the training and additional supervision related to the 

training; and 

(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into 

account the content of the training, the prior work experience of the participant, and the service strategy of the 

participant, as appropriate. 

(45) OUTLYING AREA.—The term ‘‘outlying area’’ means— 

(A) American Samoa, Guam, the Commonwealth of 

the Northern Mariana Islands, and the United States 

Virgin Islands; and 

(B) the Republic of Palau, except during any period 

for which the Secretary of Labor and the Secretary of 

Education determine that a Compact of Free Association 

is in effect and contains provisions for training and education assistance prohibiting the assistance provided under 

this Act. 

(46) OUT-OF-SCHOOL YOUTH.—The term ‘‘out-of-school 

youth’’ means a youth described in section 129(a)(1)(B). 

(47) PAY-FOR-PERFORMANCE CONTRACT STRATEGY.—The 

term ‘‘pay-for-performance contract strategy’’ means a procurement strategy that uses pay-for-performance contracts in the 

provision of training services described in section 134(c)(3) or 

activities described in section 129(c)(2), and includes— 

(A) contracts, each of which shall specify a fixed 

amount that will be paid to an eligible service provider 

(which may include a local or national community-based 

organization or intermediary, community college, or other 

training provider, that is eligible under section 122 or 

123, as appropriate) based on the achievement of specified 

levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations 

as identified by the local board (including individuals with 

barriers to employment), within a defined timetable, and 

which may provide for bonus payments to such service 

provider to expand capacity to provide effective training; 

(B) a strategy for independently validating the achievement of the performance described in subparagraph (A); 

and 

(C) a description of how the State or local area will 

reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) 

did not occur, for further activities related to such a 

procurement strategy, subject to section 189(g)(4). 

(48) PLANNING REGION.—The term ‘‘planning region’’ means 

a region described in subparagraph (B) or (C) of section 

106(a)(2), subject to section 107(c)(4)(B)(i). 

(49) POVERTY LINE.—The term ‘‘poverty line’’ means the 

poverty line (as defined by the Office of Management and 

Budget, and revised annually in accordance with section 673(2) 

of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 

applicable to a family of the size involved. 

(50) PUBLIC ASSISTANCE.—The term ‘‘public assistance’’ 

means Federal, State, or local government cash payments for 

which eligibility is determined by a needs or income test. 

(51) RAPID RESPONSE ACTIVITY.—The term ‘‘rapid response 

activity’’ means an activity provided by a State, or by an entity 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1438 PUBLIC LAW 113–128—JULY 22, 2014 

designated by a State, with funds provided by the State under 

section 134(a)(1)(A), in the case of a permanent closure or 

mass layoff at a plant, facility, or enterprise, or a natural 

or other disaster, that results in mass job dislocation, in order 

to assist dislocated workers in obtaining reemployment as soon 

as possible, with services including— 

(A) the establishment of onsite contact with employers 

and employee representatives— 

(i) immediately after the State is notified of a 

current or projected permanent closure or mass layoff; 

or 

(ii) in the case of a disaster, immediately after 

the State is made aware of mass job dislocation as 

a result of such disaster; 

(B) the provision of information on and access to available employment and training activities; 

(C) assistance in establishing a labor-management 

committee, voluntarily agreed to by labor and management, 

with the ability to devise and implement a strategy for 

assessing the employment and training needs of dislocated 

workers and obtaining services to meet such needs; 

(D) the provision of emergency assistance adapted to 

the particular closure, layoff, or disaster; and 

(E) the provision of assistance to the local community 

in developing a coordinated response and in obtaining 

access to State economic development assistance. 

(52) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term 

‘‘recognized postsecondary credential’’ means a credential consisting of an industry-recognized certificate or certification, a 

certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an 

associate or baccalaureate degree. 

(53) REGION.—The term ‘‘region’’, used without further 

description, means a region identified under section 106(a), 

subject to section 107(c)(4)(B)(i) and except as provided in section 106(b)(1)(B)(ii). 

(54) SCHOOL DROPOUT.—The term ‘‘school dropout’’ means 

an individual who is no longer attending any school and who 

has not received a secondary school diploma or its recognized 

equivalent. 

(55) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(56) STATE.—The term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, and 

the Commonwealth of Puerto Rico. 

(57) STATE BOARD.—The term ‘‘State board’’ means a State 

workforce development board established under section 101. 

(58) STATE PLAN.—The term ‘‘State plan’’, used without 

further description, means a unified State plan under section 

102 or a combined State plan under section 103. 

(59) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’ 

means services such as transportation, child care, dependent 

care, housing, and needs-related payments, that are necessary 

to enable an individual to participate in activities authorized 

under this Act. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1439 

(60) TRAINING SERVICES.—The term ‘‘training services’’ 

means services described in section 134(c)(3). 

(61) UNEMPLOYED INDIVIDUAL.—The term ‘‘unemployed 

individual’’ means an individual who is without a job and 

who wants and is available for work. The determination of 

whether an individual is without a job, for purposes of this 

paragraph, shall be made in accordance with the criteria used 

by the Bureau of Labor Statistics of the Department of Labor 

in defining individuals as unemployed. 

(62) UNIT OF GENERAL LOCAL GOVERNMENT.—The term 

‘‘unit of general local government’’ means any general purpose 

political subdivision of a State that has the power to levy 

taxes and spend funds, as well as general corporate and police 

powers. 

(63) VETERAN; RELATED DEFINITION.— (A) VETERAN.—The term ‘‘veteran’’ has the meaning 

given the term in section 101 of title 38, United States 

Code. 

(B) RECENTLY SEPARATED VETERAN.—The term 

‘‘recently separated veteran’’ means any veteran who 

applies for participation under this Act within 48 months 

after the discharge or release from active military, naval, 

or air service. 

(64) VOCATIONAL REHABILITATION PROGRAM.—The term 

‘‘vocational rehabilitation program’’ means a program authorized under a provision covered under paragraph (13)(D). 

(65) WORKFORCE DEVELOPMENT ACTIVITY.—The term 

‘‘workforce development activity’’ means an activity carried out 

through a workforce development program. 

(66) WORKFORCE DEVELOPMENT PROGRAM.—The term 

‘‘workforce development program’’ means a program made available through a workforce development system. 

(67) WORKFORCE DEVELOPMENT SYSTEM.—The term 

‘‘workforce development system’’ means a system that makes 

available the core programs, the other one-stop partner programs, and any other programs providing employment and 

training services as identified by a State board or local board. 

(68) WORKFORCE INVESTMENT ACTIVITY.—The term 

‘‘workforce investment activity’’ means an employment and 

training activity, and a youth workforce investment activity. 

(69) WORKFORCE PREPARATION ACTIVITIES.—The term 

‘‘workforce preparation activities’’ has the meaning given the 

term in section 203. 

(70) WORKPLACE LEARNING ADVISOR.—The term ‘‘workplace 

learning advisor’’ means an individual employed by an organization who has the knowledge and skills necessary to advise 

other employees of that organization about the education, skill 

development, job training, career counseling services, and 

credentials, including services provided through the workforce 

development system, required to progress toward career goals 

of such employees in order to meet employer requirements 

related to job openings and career advancements that support 

economic self-sufficiency. 

(71) YOUTH WORKFORCE INVESTMENT ACTIVITY.—The term 

‘‘youth workforce investment activity’’ means an activity 

described in section 129 that is carried out for eligible youth 

(or as described in section 129(a)(3)(A)). 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1440 PUBLIC LAW 113–128—JULY 22, 2014 

TITLE I—WORKFORCE DEVELOPMENT 

ACTIVITIES 

Subtitle A—System Alignment 

CHAPTER 1—STATE PROVISIONS 

SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS. 

(a) IN GENERAL.—The Governor of a State shall establish a 

State workforce development board to carry out the functions 

described in subsection (d). 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The State board shall include— 

(A) the Governor; 

(B) a member of each chamber of the State legislature 

(to the extent consistent with State law), appointed by 

the appropriate presiding officers of such chamber; and 

(C) members appointed by the Governor, of which— 

(i) a majority shall be representatives of businesses 

in the State, who— 

(I) are owners of businesses, chief executives 

or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, 

may be members of a local board described in 

section 107(b)(2)(A)(i); 

(II) represent businesses (including small 

businesses), or organizations representing 

businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training 

and development in in-demand industry sectors 

or occupations in the State; and 

(III) are appointed from among individuals 

nominated by State business organizations and 

business trade associations; 

(ii) not less than 20 percent shall be representatives of the workforce within the State, who— 

(I) shall include representatives of labor 

organizations, who have been nominated by State 

labor federations; 

(II) shall include a representative, who shall 

be a member of a labor organization or a training 

director, from a joint labor-management 

apprenticeship program, or if no such joint program exists in the State, such a representative 

of an apprenticeship program in the State; 

(III) may include representatives of community-based organizations that have demonstrated 

experience and expertise in addressing the employment, training, or education needs of individuals 

with barriers to employment, including organizations that serve veterans or that provide or support 

competitive, integrated employment for individuals 

with disabilities; and 

29 USC 3111. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1441 

(IV) may include representatives of organizations that have demonstrated experience and 

expertise in addressing the employment, training, 

or education needs of eligible youth, including representatives of organizations that serve out-ofschool youth; and 

(iii) the balance— 

(I) shall include representatives of government, who— 

(aa) shall include the lead State officials 

with primary responsibility for the core programs; and 

(bb) shall include chief elected officials 

(collectively representing both cities and counties, where appropriate); and 

(II) may include such other representatives 

and officials as the Governor may designate, such 

as— 

(aa) the State agency officials from agencies that are one-stop partners not specified 

in subclause (I) (including additional one-stop 

partners whose programs are covered by the 

State plan, if any); 

(bb) State agency officials responsible for 

economic development or juvenile justice programs in the State; 

(cc) individuals who represent an Indian 

tribe or tribal organization, as such terms are 

defined in section 166(b); and 

(dd) State agency officials responsible for 

education programs in the State, including 

chief executive officers of community colleges 

and other institutions of higher education. 

(2) DIVERSE AND DISTINCT REPRESENTATION.—The members 

of the State board shall represent diverse geographic areas 

of the State, including urban, rural, and suburban areas. 

(3) NO REPRESENTATION OF MULTIPLE CATEGORIES.—No person shall serve as a member for more than 1 of— 

(A) the category described in paragraph (1)(C)(i); or 

(B) 1 category described in a subclause of clause (ii) 

or (iii) of paragraph (1)(C). 

(c) CHAIRPERSON.—The Governor shall select a chairperson for 

the State board from among the representatives described in subsection (b)(1)(C)(i). 

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

in— 

(1) the development, implementation, and modification of 

the State plan; 

(2) consistent with paragraph (1), the review of statewide 

policies, of statewide programs, and of recommendations on 

actions that should be taken by the State to align workforce 

development programs in the State in a manner that supports 

a comprehensive and streamlined workforce development 

system in the State, including the review and provision of 

comments on the State plans, if any, for programs and activities 

of one-stop partners that are not core programs; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1442 PUBLIC LAW 113–128—JULY 22, 2014 

(3) the development and continuous improvement of the 

workforce development system in the State, including— 

(A) the identification of barriers and means for 

removing barriers to better coordinate, align, and avoid 

duplication among the programs and activities carried out 

through the system; 

(B) the development of strategies to support the use 

of career pathways for the purpose of providing individuals, 

including low-skilled adults, youth, and individuals with 

barriers to employment (including individuals with disabilities), with workforce investment activities, education, and 

supportive services to enter or retain employment; 

(C) the development of strategies for providing effective 

outreach to and improved access for individuals and 

employers who could benefit from services provided through 

the workforce development system; 

(D) the development and expansion of strategies for 

meeting the needs of employers, workers, and jobseekers, 

particularly through industry or sector partnerships related 

to in-demand industry sectors and occupations; 

(E) the identification of regions, including planning 

regions, for the purposes of section 106(a), and the designation of local areas under section 106, after consultation 

with local boards and chief elected officials; 

(F) the development and continuous improvement of 

the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, onestop partners, and providers with planning and delivering 

services, including training services and supportive services, to support effective delivery of services to workers, 

jobseekers, and employers; and 

(G) the development of strategies to support staff 

training and awareness across programs supported under 

the workforce development system; 

(4) the development and updating of comprehensive State 

performance accountability measures, including State adjusted 

levels of performance, to assess the effectiveness of the core 

programs in the State as required under section 116(b); 

(5) the identification and dissemination of information on 

best practices, including best practices for— 

(A) the effective operation of one-stop centers, relating 

to the use of business outreach, partnerships, and service 

delivery strategies, including strategies for serving individuals with barriers to employment; 

(B) the development of effective local boards, which 

may include information on factors that contribute to 

enabling local boards to exceed negotiated local levels of 

performance, sustain fiscal integrity, and achieve other 

measures of effectiveness; and 

(C) effective training programs that respond to realtime labor market analysis, that effectively use direct 

assessment and prior learning assessment to measure an 

individual’s prior knowledge, skills, competencies, and 

experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement 

into employment or career pathways; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1443 

(6) the development and review of statewide policies 

affecting the coordinated provision of services through the 

State’s one-stop delivery system described in section 121(e), 

including the development of— 

(A) objective criteria and procedures for use by local 

boards in assessing the effectiveness and continuous 

improvement of one-stop centers described in such section; 

(B) guidance for the allocation of one-stop center infrastructure funds under section 121(h); and 

(C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including 

approaches to facilitating equitable and efficient cost allocation in such system; 

(7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services 

and activities provided through the one-stop delivery system, 

including such improvements to— 

(A) enhance digital literacy skills (as defined in section 

202 of the Museum and Library Services Act (20 U.S.C. 

9101); referred to in this Act as ‘‘digital literacy skills’’); 

(B) accelerate the acquisition of skills and recognized 

postsecondary credentials by participants; 

(C) strengthen the professional development of providers and workforce professionals; and 

(D) ensure such technology is accessible to individuals 

with disabilities and individuals residing in remote areas; 

(8) the development of strategies for aligning technology 

and data systems across one-stop partner programs to enhance 

service delivery and improve efficiencies in reporting on 

performance accountability measures (including the design and 

implementation of common intake, data collection, case 

management information, and performance accountability 

measurement and reporting processes and the incorporation 

of local input into such design and implementation, to improve 

coordination of services across one-stop partner programs); 

(9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, 

and youth workforce investment activities, to local areas as 

permitted under sections 128(b)(3) and 133(b)(3); 

(10) the preparation of the annual reports described in 

paragraphs (1) and (2) of section 116(d); 

(11) the development of the statewide workforce and labor 

market information system described in section 15(e) of the 

Wagner-Peyser Act (29 U.S.C. 49l–2(e)); and 

(12) the development of such other policies as may promote 

statewide objectives for, and enhance the performance of, the 

workforce development system in the State. 

(e) ALTERNATIVE ENTITY.— 

(1) IN GENERAL.—For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity 

(including a State council, State workforce development board 

(within the meaning of the Workforce Investment Act of 1998, 

as in effect on the day before the date of enactment of this 

Act), combination of regional workforce development boards, 

or similar entity) that— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1444 PUBLIC LAW 113–128—JULY 22, 2014 

(A) was in existence on the day before the date of 

enactment of the Workforce Investment Act of 1998; 

(B) is substantially similar to the State board described 

in subsections (a) through (c); and 

(C) includes representatives of business in the State 

and representatives of labor organizations in the State. 

(2) REFERENCES.—A reference in this Act, or a core program 

provision that is not in this Act, to a State board shall be 

considered to include such an entity. 

(f) CONFLICT OF INTEREST.—A member of a State board may 

not— 

(1) vote on a matter under consideration by the State 

board— 

(A) regarding the provision of services by such member 

(or by an entity that such member represents); or 

(B) that would provide direct financial benefit to such 

member or the immediate family of such member; or 

(2) engage in any other activity determined by the Governor 

to constitute a conflict of interest as specified in the State 

plan. 

(g) SUNSHINE PROVISION.—The State board shall make available to the public, on a regular basis through electronic means 

and open meetings, information regarding the activities of the State 

board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification 

of the plan, respectively, information regarding membership, and, 

on request, minutes of formal meetings of the State board. 

(h) AUTHORITY TO HIRE STAFF.— 

(1) IN GENERAL.—The State board may hire a director 

and other staff to assist in carrying out the functions described 

in subsection (d) using funds available as described in section 

129(b)(3) or 134(a)(3)(B)(i). 

(2) QUALIFICATIONS.—The State board shall establish and 

apply a set of objective qualifications for the position of director, 

that ensures that the individual selected has the requisite 

knowledge, skills, and abilities, to meet identified benchmarks 

and to assist in effectively carrying out the functions of the 

State board. 

(3) LIMITATION ON RATE.—The director and staff described 

in paragraph (1) shall be subject to the limitations on the 

payment of salary and bonuses described in section 194(15). 

SEC. 102. UNIFIED STATE PLAN. 

(a) PLAN.—For a State to be eligible to receive allotments 

for the core programs, the Governor shall submit to the Secretary 

of Labor for the approval process described under subsection (c)(2), 

a unified State plan. The unified State plan shall outline a 4- 

year strategy for the core programs of the State and meet the 

requirements of this section. 

(b) CONTENTS.— 

(1) STRATEGIC PLANNING ELEMENTS.—The unified State 

plan shall include strategic planning elements consisting of 

a strategic vision and goals for preparing an educated and 

skilled workforce, that include— 

(A) an analysis of the economic conditions in the State, 

including— 

29 USC 3112. 

Applicability. 

Public 

information. 

Plan. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1445 

(i) existing and emerging in-demand industry sectors and occupations; and 

(ii) the employment needs of employers, including 

a description of the knowledge, skills, and abilities, 

needed in those industries and occupations; 

(B) an analysis of the current workforce, employment 

and unemployment data, labor market trends, and the 

educational and skill levels of the workforce, including 

individuals with barriers to employment (including individuals with disabilities), in the State; 

(C) an analysis of the workforce development activities 

(including education and training) in the State, including 

an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such 

activities, in order to address the identified education and 

skill needs of the workforce and the employment needs 

of employers in the State; 

(D) a description of the State’s strategic vision and 

goals for preparing an educated and skilled workforce 

(including preparing youth and individuals with barriers 

to employment) and for meeting the skilled workforce needs 

of employers, including goals relating to performance 

accountability measures based on primary indicators of 

performance described in section 116(b)(2)(A), in order to 

support economic growth and economic self-sufficiency, and 

of how the State will assess the overall effectiveness of 

the workforce investment system in the State; and 

(E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core 

programs, as well as other resources available to the State, 

to achieve the strategic vision and goals described in 

subparagraph (D). 

(2) OPERATIONAL PLANNING ELEMENTS.— 

(A) IN GENERAL.—The unified State plan shall include 

the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), including a description of how the State board 

will implement the functions under section 101(d). 

(B) IMPLEMENTATION OF STATE STRATEGY.—The unified 

State plan shall describe how the lead State agency with 

responsibility for the administration of a core program 

will implement the strategy described in paragraph (1)(E), 

including a description of— 

(i) the activities that will be funded by the entities 

carrying out the respective core programs to implement 

the strategy and how such activities will be aligned 

across the programs and among the entities administering the programs, including using co-enrollment 

and other strategies; 

(ii) how the activities described in clause (i) will 

be aligned with activities provided under employment, 

training, education, including career and technical education, and human services programs not covered by 

the plan, as appropriate, assuring coordination of, and 

avoiding duplication among, the activities referred to 

in this clause; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1446 PUBLIC LAW 113–128—JULY 22, 2014 

(iii) how the entities carrying out the respective 

core programs will coordinate activities and provide 

comprehensive, high-quality services including supportive services, to individuals; 

(iv) how the State’s strategy will engage the State’s 

community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other 

Federal, State, and local investments that have 

enhanced access to workforce development programs 

at those institutions; 

(v) how the activities described in clause (i) will 

be coordinated with economic development strategies 

and activities in the State; and 

(vi) how the State’s strategy will improve access 

to activities leading to a recognized postsecondary 

credential (including a credential that is an industryrecognized certificate or certification, portable, and 

stackable). 

(C) STATE OPERATING SYSTEMS AND POLICIES.—The unified State plan shall describe the State operating systems 

and policies that will support the implementation of the 

strategy described in paragraph (1)(E), including a description of— 

(i) the State board, including the activities to assist 

members of the State board and the staff of such 

board in carrying out the functions of the State board 

effectively (but funds for such activities may not be 

used for long-distance travel expenses for training or 

development activities available locally or regionally); 

(ii)(I) how the respective core programs will be 

assessed each year, including an assessment of the 

quality, effectiveness, and improvement of programs 

(analyzed by local area, or by provider), based on State 

performance accountability measures described in section 116(b); and 

(II) how other one-stop partner programs will be 

assessed each year; 

(iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner 

programs during the preceding 2-year period; 

(iv) the methods and factors the State will use 

in distributing funds under the core programs, in 

accordance with the provisions authorizing such distributions; 

(v)(I) how the lead State agencies with responsibility for the administration of the core programs will 

align and integrate available workforce and education 

data on core programs, unemployment insurance programs, and education through postsecondary education; 

(II) how such agencies will use the workforce 

development system to assess the progress of participants that are exiting from core programs in entering, 

persisting in, and completing postsecondary education, 

or entering or remaining in employment; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1447 

(III) the privacy safeguards incorporated in such 

system, including safeguards required by section 444 

of the General Education Provisions Act (20 U.S.C. 

1232g) and other applicable Federal laws; 

(vi) how the State will implement the priority of 

service provisions for veterans in accordance with the 

requirements of section 4215 of title 38, United States 

Code; 

(vii) how the one-stop delivery system, including 

one-stop operators and the one-stop partners, will 

comply with section 188, if applicable, and applicable 

provisions of the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101 et seq.), regarding the physical 

and programmatic accessibility of facilities, programs, 

services, technology, and materials, for individuals 

with disabilities, including complying through providing staff training and support for addressing the 

needs of individuals with disabilities; and 

(viii) such other operational planning elements as 

the Secretary of Labor or the Secretary of Education, 

as appropriate, determines to be necessary for effective 

State operating systems and policies. 

(D) PROGRAM-SPECIFIC REQUIREMENTS.—The unified 

State plan shall include— 

(i) with respect to activities carried out under subtitle B, a description of— 

(I) State policies or guidance, for the statewide 

workforce development system and for use of State 

funds for workforce investment activities; 

(II) the local areas designated in the State, 

including the process used for designating local 

areas, and the process used for identifying any 

planning regions under section 106(a), including 

a description of how the State consulted with the 

local boards and chief elected officials in determining the planning regions; 

(III) the appeals process referred to in section 

106(b)(5), relating to designation of local areas; 

(IV) the appeals process referred to in section 

121(h)(2)(E), relating to determinations for infrastructure funding; and 

(V) with respect to youth workforce investment 

activities authorized in section 129, information 

identifying the criteria to be used by local boards 

in awarding grants for youth workforce investment 

activities and describing how the local boards will 

take into consideration the ability of the providers 

to meet performance accountability measures 

based on primary indicators of performance for 

the youth program as described in section 

116(b)(2)(A)(ii) in awarding such grants; 

(ii) with respect to activities carried out under 

title II, a description of— 

(I) how the eligible agency will, if applicable, 

align content standards for adult education with 

State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1448 PUBLIC LAW 113–128—JULY 22, 2014 

Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6311(b)(1)); 

(II) how the State will fund local activities 

using considerations specified in section 231(e) 

for— 

(aa) activities under section 231(b); 

(bb) programs for corrections education 

under section 225; 

(cc) programs for integrated English literacy and civics education under section 243; 

and 

(dd) integrated education and training; 

(III) how the State will use the funds to carry 

out activities under section 223; 

(IV) how the State will use the funds to carry 

out activities under section 243; 

(V) how the eligible agency will assess the 

quality of providers of adult education and literacy 

activities under title II and take actions to improve 

such quality, including providing the activities 

described in section 223(a)(1)(B); 

(iii) with respect to programs carried out under 

title I of the Rehabilitation Act of 1973 (29 U.S.C. 

720 et seq.), other than section 112 or part C of that 

title (29 U.S.C. 732, 741), the information described 

in section 101(a) of that Act (29 U.S.C. 721(a)); and 

(iv) information on such additional specific requirements for a program referenced in any of clauses (i) 

through (iii) or the Wagner-Peyser Act (29 U.S.C. 49 

et seq.) as the Secretary of Labor determines to be 

necessary to administer that program but cannot 

reasonably be applied across all such programs. 

(E) ASSURANCES.—The unified State plan shall include 

assurances— 

(i) that the State has established a policy identifying circumstances that may present a conflict of 

interest for a State board or local board member, or 

the entity or class of officials that the member represents, and procedures to resolve such conflicts; 

(ii) that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local 

boards, and information regarding activities of State 

boards and local boards, such as data on board membership and minutes; 

(iii)(I) that the lead State agencies with responsibility for the administration of core programs reviewed 

and commented on the appropriate operational planning elements of the unified State plan, and approved 

the elements as serving the needs of the populations 

served by such programs; and 

(II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives 

of local boards and chief elected officials, businesses, 

labor organizations, institutions of higher education, 

other primary stakeholders, and the general public 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1449 

and that the unified State plan is available and accessible to the general public; 

(iv) that the State has established, in accordance 

with section 116(i), fiscal control and fund accounting 

procedures that may be necessary to ensure the proper 

disbursement of, and accounting for, funds paid to 

the State through allotments made for adult, dislocated 

worker, and youth programs to carry out workforce 

investment activities under chapters 2 and 3 of subtitle 

B; 

(v) that the State has taken appropriate action 

to secure compliance with uniform administrative 

requirements in this Act, including that the State will 

annually monitor local areas to ensure compliance and 

otherwise take appropriate action to secure compliance 

with the uniform administrative requirements under 

section 184(a)(3); 

(vi) that the State has taken the appropriate action 

to be in compliance with section 188, if applicable; 

(vii) that the Federal funds received to carry out 

a core program will not be expended for any purpose 

other than for activities authorized with respect to 

such funds under that core program; 

(viii) that the eligible agency under title II will— 

(I) expend the funds appropriated to carry out 

that title only in a manner consistent with fiscal 

requirements under section 241(a) (regarding 

supplement and not supplant provisions); and 

(II) ensure that there is at least 1 eligible 

provider serving each local area; 

(ix) that the State will pay an appropriate share 

(as defined by the State board) of the costs of carrying 

out section 116, from funds made available through 

each of the core programs; and 

(x) regarding such other matters as the Secretary 

of Labor or the Secretary of Education, as appropriate, 

determines to be necessary for the administration of 

the core programs. 

(3) EXISTING ANALYSIS.—As appropriate, a State may use 

an existing analysis in order to carry out the requirements 

of paragraph (1) concerning an analysis. 

(c) PLAN SUBMISSION AND APPROVAL.— 

(1) SUBMISSION.— 

(A) INITIAL PLAN.—The initial unified State plan under 

this section (after the date of enactment of the Workforce 

Innovation and Opportunity Act) shall be submitted to 

the Secretary of Labor not later than 120 days prior to 

the commencement of the second full program year after 

the date of enactment of this Act. 

(B) SUBSEQUENT PLANS.—Except as provided in 

subparagraph (A), a unified State plan shall be submitted 

to the Secretary of Labor not later than 120 days prior 

to the end of the 4-year period covered by the preceding 

unified State plan. 

(2) SUBMISSION AND APPROVAL.— (A) SUBMISSION.—In approving a unified State plan 

under this section, the Secretary shall submit the portion 

Time period. 

Deadlines. 

Procedures. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1450 PUBLIC LAW 113–128—JULY 22, 2014 

of the unified State plan covering a program or activity 

to the head of the Federal agency that administers the 

program or activity for the approval of such portion by 

such head. 

(B) APPROVAL.—A unified State plan shall be subject 

to the approval of both the Secretary of Labor and the 

Secretary of Education, after approval of the Commissioner 

of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The 

plan shall be considered to be approved at the end of 

the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary 

of Education makes a written determination, during the 

90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core 

programs, as appropriate. 

(3) MODIFICATIONS.— 

(A) MODIFICATIONS.—At the end of the first 2-year 

period of any 4-year unified State plan, the State board 

shall review the unified State plan, and the Governor shall 

submit modifications to the plan to reflect changes in labor 

market and economic conditions or in other factors affecting 

the implementation of the unified State plan. 

(B) APPROVAL.—A modified unified State plan submitted for the review required under subparagraph (A) 

shall be subject to the approval requirements described 

in paragraph (2). A Governor may submit a modified unified 

State plan at such other times as the Governor determines 

to be appropriate, and such modified unified State plan 

shall also be subject to the approval requirements described 

in paragraph (2). 

(4) EARLY IMPLEMENTERS.—The Secretary of Labor, in 

conjunction with the Secretary of Education, shall establish 

a process for approving and may approve unified State plans 

that meet the requirements of this section and are submitted 

to cover periods commencing prior to the second full program 

year described in paragraph (1)(A). 

SEC. 103. COMBINED STATE PLAN. 

(a) IN GENERAL.— 

(1) AUTHORITY TO SUBMIT PLAN.—A State may develop and 

submit to the appropriate Secretaries a combined State plan 

for the core programs and 1 or more of the programs and 

activities described in paragraph (2) in lieu of submitting 2 

or more plans, for the programs and activities and the core 

programs. 

(2) PROGRAMS.—The programs and activities referred to 

in paragraph (1) are as follows: 

(A) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). 

(B) Programs authorized under part A of title IV of 

the Social Security Act (42 U.S.C. 601 et seq.). 

(C) Programs authorized under section 6(d)(4) of the 

Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). 

(D) Work programs authorized under section 6(o) of 

the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)). 

29 USC 3113. 

Time period. 

Time period. 

Review. 

Time period. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1451 

(E) Activities authorized under chapter 2 of title II 

of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). 

(F) Activities authorized under chapter 41 of title 38, 

United States Code. 

(G) Programs authorized under State unemployment 

compensation laws (in accordance with applicable Federal 

law). 

(H) Programs authorized under title V of the Older 

Americans Act of 1965 (42 U.S.C. 3056 et seq.). 

(I) Employment and training activities carried out by 

the Department of Housing and Urban Development. 

(J) Employment and training activities carried out 

under the Community Services Block Grant Act (42 U.S.C. 

9901 et seq.). 

(K) Programs authorized under section 212 of the 

Second Chance Act of 2007 (42 U.S.C. 17532). 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—The portion of a combined plan covering 

the core programs shall be subject to the requirements of section 

102 (including section 102(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall 

be subject to the requirements, if any, applicable to a plan 

or application for assistance for that program or activity, under 

the Federal law authorizing the program or activity. At the 

election of the State, section 102(c)(3) may apply to that portion. 

(2) ADDITIONAL SUBMISSION NOT REQUIRED.—A State that 

submits a combined plan that is approved under subsection 

(c) shall not be required to submit any other plan or application 

in order to receive Federal funds to carry out the core programs 

or the program or activities described in subsection (a)(2) that 

are covered by the combined plan. 

(3) COORDINATION.—A combined plan shall include— 

(A) a description of the methods used for joint planning 

and coordination of the core programs and the other programs and activities covered by the combined plan; and 

(B) an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and 

activities to review and comment on all portions of the 

combined plan. 

(c) APPROVAL BY THE APPROPRIATE SECRETARIES.— 

(1) JURISDICTION.—The appropriate Secretary shall have 

the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval 

of the appropriate Secretary, that portion of the combined plan, 

covering a program or activity, shall be implemented by the 

State pursuant to that portion of the combined plan, and the 

Federal law authorizing the program or activity. 

(2) APPROVAL OF CORE PROGRAMS.—No portion of the plan 

relating to a core program shall be implemented until the 

appropriate Secretary approves the corresponding portions of 

the plan for all core programs. 

(3) TIMING OF APPROVAL.— 

(A) IN GENERAL.—Except as provided in subparagraphs 

(B) and (C), a portion of the combined State plan covering 

the core programs or a program or activity described in 

subsection (a)(2) shall be considered to be approved by 

Time periods. 

Implementation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1452 PUBLIC LAW 113–128—JULY 22, 2014 

the appropriate Secretary at the end of the 90-day period 

beginning on the day the plan is submitted. 

(B) PLAN APPROVED BY 3 OR MORE APPROPRIATE SECRE- TARIES.—If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority 

to approve a portion of a combined plan, that portion of 

the combined plan shall be considered to be approved by 

the appropriate Secretary at the end of the 120-day period 

beginning on the day the plan is submitted. 

(C) DISAPPROVAL.—The portion shall not be considered 

to be approved if the appropriate Secretary makes a written 

determination, during the 90-day period (or the 120-day 

period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the 

requirements of the Federal law authorizing or applicable 

to the program or activity involved, including the criteria 

for approval of a plan or application, if any, under such 

law, or the plan is not consistent with the requirements 

of this section. 

(4) SPECIAL RULE.—In paragraph (3), the term ‘‘criteria 

for approval of a plan or application’’, with respect to a State 

and a core program or a program under the Carl D. Perkins 

Career and Technical Education Act of 2006 (20 U.S.C. 2301 

et seq.), includes a requirement for agreement between the 

State and the appropriate Secretaries regarding State performance measures or State performance accountability measures, 

as the case may be, including levels of performance. 

(d) APPROPRIATE SECRETARY.—In this section, the term ‘‘appropriate Secretary’’ means— 

(1) with respect to the portion of a combined plan relating 

to any of the core programs (including a description, and an 

assurance concerning that program, specified in subsection 

(b)(3)), the Secretary of Labor and the Secretary of Education; 

and 

(2) with respect to the portion of a combined plan relating 

to a program or activity described in subsection (a)(2) (including 

a description, and an assurance concerning that program or 

activity, specified in subsection (b)(3)), the head of the Federal 

agency who exercises plan or application approval authority 

for the program or activity under the Federal law authorizing 

the program or activity, or, if there are no planning or application requirements for such program or activity, exercises 

administrative authority over the program or activity under 

that Federal law. 

CHAPTER 2—LOCAL PROVISIONS 

SEC. 106. WORKFORCE DEVELOPMENT AREAS. 

(a) REGIONS.— 

(1) IDENTIFICATION.—Before the second full program year 

after the date of enactment of this Act, in order for a State 

to receive an allotment under section 127(b) or 132(b) and 

as part of the process for developing the State plan, a State 

shall identify regions in the State after consultation with the 

local boards and chief elected officials in the local areas and 

consistent with the considerations described in subsection 

(b)(1)(B). 

Consultation. 

29 USC 3121. 

Definition. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1453 

(2) TYPES OF REGIONS.—For purposes of this Act, the State 

shall identify— 

(A) which regions are comprised of 1 local area that 

is aligned with the region; 

(B) which regions are comprised of 2 or more local 

areas that are (collectively) aligned with the region 

(referred to as planning regions, consistent with section 

3); and 

(C) which, of the regions described in subparagraph 

(B), are interstate areas contained within 2 or more States, 

and consist of labor market areas, economic development 

areas, or other appropriate contiguous subareas of those 

States. 

(b) LOCAL AREAS.— (1) IN GENERAL.— (A) PROCESS.—Except as provided in subsection (d), 

and consistent with paragraphs (2) and (3), in order for 

a State to receive an allotment under section 127(b) or 

132(b), the Governor of the State shall designate local 

workforce development areas within the State— 

(i) through consultation with the State board; and 

(ii) after consultation with chief elected officials 

and local boards, and after consideration of comments 

received through the public comment process as 

described in section 102(b)(2)(E)(iii)(II). 

(B) CONSIDERATIONS.—The Governor shall designate 

local areas (except for those local areas described in paragraphs (2) and (3)) based on considerations consisting of 

the extent to which the areas— 

(i) are consistent with labor market areas in the 

State; 

(ii) are consistent with regional economic development areas in the State; and 

(iii) have available the Federal and non-Federal 

resources necessary to effectively administer activities 

under subtitle B and other applicable provisions of 

this Act, including whether the areas have the appropriate education and training providers, such as 

institutions of higher education and area career and 

technical education schools. 

(2) INITIAL DESIGNATION.—During the first 2 full program 

years following the date of enactment of this Act, the Governor 

shall approve a request for initial designation as a local area 

from any area that was designated as a local area for purposes 

of the Workforce Investment Act of 1998 for the 2-year period 

preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity. 

(3) SUBSEQUENT DESIGNATION.—After the period for which 

a local area is initially designated under paragraph (2), the 

Governor shall approve a request for subsequent designation 

as a local area from such local area, if such area— 

(A) performed successfully; 

(B) sustained fiscal integrity; and 

(C) in the case of a local area in a planning region, 

met the requirements described in subsection (c)(1). 

(4) DESIGNATION ON RECOMMENDATION OF STATE BOARD.— The Governor may approve a request from any unit of general 

Determination. 

Time periods. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1454 PUBLIC LAW 113–128—JULY 22, 2014 

local government (including a combination of such units) for 

designation of an area as a local area if the State board determines, based on the considerations described in paragraph 

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

be so designated. 

(5) APPEALS.—A unit of general local government (including 

a combination of such units) or grant recipient that requests 

but is not granted designation of an area as a local area 

under paragraph (2) or (3) may submit an appeal to the State 

board under an appeal process established in the State plan. 

If the appeal does not result in such a designation, the Secretary 

of Labor, after receiving a request for review from the unit 

or grant recipient and on determining that the unit or grant 

recipient was not accorded procedural rights under the appeals 

process described in the State plan, as specified in section 

102(b)(2)(D)(i)(III), or that the area meets the requirements 

of paragraph (2) or (3), may require that the area be designated 

as a local area under such paragraph. 

(6) REDESIGNATION ASSISTANCE.—On the request of all of 

the local areas in a planning region, the State shall provide 

funding from funds made available under sections 128(a) and 

133(a)(1) to assist the local areas in carrying out activities 

to facilitate the redesignation of the local areas to a single 

local area. 

(c) REGIONAL COORDINATION.— 

(1) REGIONAL PLANNING.—The local boards and chief elected 

officials in each planning region described in subparagraph 

(B) or (C) of subsection (a)(2) shall engage in a regional planning 

process that results in— 

(A) the preparation of a regional plan, as described 

in paragraph (2); 

(B) the establishment of regional service strategies, 

including use of cooperative service delivery agreements; 

(C) the development and implementation of sector initiatives for in-demand industry sectors or occupations for 

the region; 

(D) the collection and analysis of regional labor market 

data (in conjunction with the State); 

(E) the establishment of administrative cost arrangements, including the pooling of funds for administrative 

costs, as appropriate, for the region; 

(F) the coordination of transportation and other supportive services, as appropriate, for the region; 

(G) the coordination of services with regional economic 

development services and providers; and 

(H) the establishment of an agreement concerning how 

the planning region will collectively negotiate and reach 

agreement with Governor on local levels of performance 

for, and report on, the performance accountability measures 

described in section 116(c), for local areas or the planning 

region. 

(2) REGIONAL PLANS.—The State, after consultation with 

local boards and chief elected officials for the planning regions, 

shall require the local boards and chief elected officials within 

a planning region to prepare, submit, and obtain approval 

of a single regional plan that includes a description of the 

activities described in paragraph (1) and that incorporates local 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1455 

plans for each of the local areas in the planning region. The 

State shall provide technical assistance and labor market data, 

as requested by local areas, to assist with such regional planning and subsequent service delivery efforts. 

(3) REFERENCES.—In this Act, and the core program provisions that are not in this Act: 

(A) LOCAL AREA.—Except as provided in section 

101(d)(9), this section, paragraph (1)(B) or (4) of section 

107(c), or section 107(d)(12)(B), or in any text that provides 

an accompanying provision specifically for a planning 

region, the term ‘‘local area’’ in a provision includes a 

reference to a planning region for purposes of implementation of that provision by the corresponding local areas 

in the region. 

(B) LOCAL PLAN.—Except as provided in this subsection, the term ‘‘local plan’’ includes a reference to the 

portion of a regional plan developed with respect to the 

corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the 

local area. 

(d) SINGLE STATE LOCAL AREAS.— 

(1) CONTINUATION OF PREVIOUS DESIGNATION.—The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as 

in effect on July 1, 2013, may designate the State as a single 

State local area for purposes of this title. In the case of such 

designation, the Governor shall identify the State as a local 

area in the State plan. 

(2) EFFECT ON LOCAL PLAN AND LOCAL FUNCTIONS.—In any 

case in which a State is designated as a local area pursuant 

to this subsection, the local plan prepared under section 108 

for the area shall be submitted for approval as part of the 

State plan. In such a State, the State board shall carry out 

the functions of a local board, as specified in this Act or the 

provisions authorizing a core program, but the State shall 

not be required to meet and report on a set of local performance 

accountability measures. 

(e) DEFINITIONS.—For purposes of this section: 

(1) PERFORMED SUCCESSFULLY.—The term ‘‘performed 

successfully’’, used with respect to a local area, means the 

local area met or exceeded the adjusted levels of performance 

for primary indicators of performance described in section 

116(b)(2)(A) (or, if applicable, core indicators of performance 

described in section 136(b)(2)(A) of the Workforce Investment 

Act of 1998, as in effect the day before the date of enactment 

of this Act) for each of the last 2 consecutive years for which 

data are available preceding the determination of performance 

under this paragraph. 

(2) SUSTAINED FISCAL INTEGRITY.—The term ‘‘sustained 

fiscal integrity’’, used with respect to a local area, means that 

the Secretary has not made a formal determination, during 

either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient 

or the administrative entity of the area misexpended funds 

provided under subtitle B (or, if applicable, title I of the 

Workforce Investment Act of 1998 as in effect prior to the 

effective date of such subtitle B) due to willful disregard of 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1456 PUBLIC LAW 113–128—JULY 22, 2014 

the requirements of the provision involved, gross negligence, 

or failure to comply with accepted standards of administration. 

SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS. 

(a) ESTABLISHMENT.—Except as provided in subsection (c)(2)(A), 

there shall be established, and certified by the Governor of the 

State, a local workforce development board in each local area of 

a State to carry out the functions described in subsection (d) (and 

any functions specified for the local board under this Act or the 

provisions establishing a core program) for such area. 

(b) MEMBERSHIP.— (1) STATE CRITERIA.—The Governor, in partnership with 

the State board, shall establish criteria for use by chief elected 

officials in the local areas for appointment of members of the 

local boards in such local areas in accordance with the requirements of paragraph (2). 

(2) COMPOSITION.—Such criteria shall require that, at a 

minimum— 

(A) a majority of the members of each local board 

shall be representatives of business in the local area, who— 

(i) are owners of businesses, chief executives or 

operating officers of businesses, or other business 

executives or employers with optimum policymaking 

or hiring authority; 

(ii) represent businesses, including small 

businesses, or organizations representing businesses 

described in this clause, that provide employment 

opportunities that, at a minimum, include high-quality, 

work-relevant training and development in in-demand 

industry sectors or occupations in the local area; and 

(iii) are appointed from among individuals nominated by local business organizations and business 

trade associations; 

(B) not less than 20 percent of the members of each 

local board shall be representatives of the workforce within 

the local area, who— 

(i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area 

in which no employees are represented by such 

organizations) other representatives of employees; 

(ii) shall include a representative, who shall be 

a member of a labor organization or a training director, 

from a joint labor-management apprenticeship program, or if no such joint program exists in the area, 

such a representative of an apprenticeship program 

in the area, if such a program exists; 

(iii) may include representatives of communitybased organizations that have demonstrated experience 

and expertise in addressing the employment needs of 

individuals with barriers to employment, including 

organizations that serve veterans or that provide or 

support competitive integrated employment for individuals with disabilities; and 

(iv) may include representatives of organizations 

that have demonstrated experience and expertise in 

Certification. 

29 USC 3122. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1457 

addressing the employment, training, or education 

needs of eligible youth, including representatives of 

organizations that serve out-of-school youth; 

(C) each local board shall include representatives of 

entities administering education and training activities in 

the local area, who— 

(i) shall include a representative of eligible providers administering adult education and literacy 

activities under title II; 

(ii) shall include a representative of institutions 

of higher education providing workforce investment 

activities (including community colleges); 

(iii) may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in 

addressing the education or training needs of individuals with barriers to employment; 

(D) each local board shall include representatives of 

governmental and economic and community development 

entities serving the local area, who— 

(i) shall include a representative of economic and 

community development entities; 

(ii) shall include an appropriate representative 

from the State employment service office under the 

Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the 

local area; 

(iii) shall include an appropriate representative 

of the programs carried out under title I of the 

Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), 

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

U.S.C. 732, 741), serving the local area; 

(iv) may include representatives of agencies or 

entities administering programs serving the local area 

relating to transportation, housing, and public assistance; and 

(v) may include representatives of philanthropic 

organizations serving the local area; and 

(E) each local board may include such other individuals 

or representatives of entities as the chief elected official 

in the local area may determine to be appropriate. 

(3) CHAIRPERSON.—The members of the local board shall 

elect a chairperson for the local board from among the representatives described in paragraph (2)(A). 

(4) STANDING COMMITTEES.— 

(A) IN GENERAL.—The local board may designate and 

direct the activities of standing committees to provide 

information and to assist the local board in carrying out 

activities under this section. Such standing committees 

shall be chaired by a member of the local board, may 

include other members of the local board, and shall include 

other individuals appointed by the local board who are 

not members of the local board and who the local board 

determines have appropriate experience and expertise. At 

a minimum, the local board may designate each of the 

following: 

(i) A standing committee to provide information 

and assist with operational and other issues relating 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1458 PUBLIC LAW 113–128—JULY 22, 2014 

to the one-stop delivery system, which may include 

as members representatives of the one-stop partners. 

(ii) A standing committee to provide information 

and to assist with planning, operational, and other 

issues relating to the provision of services to youth, 

which shall include community-based organizations 

with a demonstrated record of success in serving 

eligible youth. 

(iii) A standing committee to provide information 

and to assist with operational and other issues relating 

to the provision of services to individuals with disabilities, including issues relating to compliance with section 188, if applicable, and applicable provisions of 

the Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.) regarding providing programmatic and 

physical access to the services, programs, and activities 

of the one-stop delivery system, as well as appropriate 

training for staff on providing supports for or accommodations to, and finding employment opportunities 

for, individuals with disabilities. 

(B) ADDITIONAL COMMITTEES.—The local board may 

designate standing committees in addition to the standing 

committees specified in subparagraph (A). 

(C) DESIGNATION OF ENTITY.—Nothing in this paragraph shall be construed to prohibit the designation of 

an existing (as of the date of enactment of this Act) entity, 

such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the 

requirements of this paragraph. 

(5) AUTHORITY OF BOARD MEMBERS.—Members of the board 

that represent organizations, agencies, or other entities shall 

be individuals with optimum policymaking authority within 

the organizations, agencies, or entities. The members of the 

board shall represent diverse geographic areas within the local 

area. 

(6) SPECIAL RULE.—If there are multiple eligible providers 

serving the local area by administering adult education and 

literacy activities under title II, or multiple institutions of 

higher education serving the local area by providing workforce 

investment activities, each representative on the local board 

described in clause (i) or (ii) of paragraph (2)(C), respectively, 

shall be appointed from among individuals nominated by local 

providers representing such providers or institutions, respectively. 

(c) APPOINTMENT AND CERTIFICATION OF BOARD.— 

(1) APPOINTMENT OF BOARD MEMBERS AND ASSIGNMENT OF

RESPONSIBILITIES.— 

(A) IN GENERAL.—The chief elected official in a local 

area is authorized to appoint the members of the local 

board for such area, in accordance with the State criteria 

established under subsection (b). 

(B) MULTIPLE UNITS OF LOCAL GOVERNMENT IN AREA.— 

(i) IN GENERAL.—In a case in which a local area 

includes more than 1 unit of general local government, 

the chief elected officials of such units may execute 

an agreement that specifies the respective roles of the 

individual chief elected officials— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1459 

(I) in the appointment of the members of the 

local board from the individuals nominated or recommended to be such members in accordance with 

the criteria established under subsection (b); and 

(II) in carrying out any other responsibilities 

assigned to such officials under this title. 

(ii) LACK OF AGREEMENT.—If, after a reasonable 

effort, the chief elected officials are unable to reach 

agreement as provided under clause (i), the Governor 

may appoint the members of the local board from 

individuals so nominated or recommended. 

(C) CONCENTRATED EMPLOYMENT PROGRAMS.—In the 

case of an area that was designated as a local area in 

accordance with section 116(a)(2)(B) of the Workforce 

Investment Act of 1998 (as in effect on the day before 

the date of enactment of this Act), and that remains a 

local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area 

to appoint members of the local board, in accordance with 

the State criteria established under subsection (b), and 

to carry out any other responsibility relating to workforce 

investment activities assigned to such official under this 

Act. 

(2) CERTIFICATION.— 

(A) IN GENERAL.—The Governor shall, once every 2 

years, certify 1 local board for each local area in the State. 

(B) CRITERIA.—Such certification shall be based on criteria established under subsection (b), and for a second 

or subsequent certification, the extent to which the local 

board has ensured that workforce investment activities 

carried out in the local area have enabled the local area 

to meet the corresponding performance accountability 

measures and achieve sustained fiscal integrity, as defined 

in section 106(e)(2). 

(C) FAILURE TO ACHIEVE CERTIFICATION.—Failure of 

a local board to achieve certification shall result in appointment and certification of a new local board for the local 

area pursuant to the process described in paragraph (1) 

and this paragraph. 

(3) DECERTIFICATION.— 

(A) FRAUD, ABUSE, FAILURE TO CARRY OUT FUNCTIONS.— 

Notwithstanding paragraph (2), the Governor shall have 

the authority to decertify a local board at any time after 

providing notice and an opportunity for comment, for— 

(i) fraud or abuse; or 

(ii) failure to carry out the functions specified for 

the local board in subsection (d). 

(B) NONPERFORMANCE.—Notwithstanding paragraph 

(2), the Governor may decertify a local board if a local 

area fails to meet the local performance accountability 

measures for such local area in accordance with section 

116(c) for 2 consecutive program years. 

(C) REORGANIZATION PLAN.—If the Governor decertifies 

a local board for a local area under subparagraph (A) 

or (B), the Governor may require that a new local board 

be appointed and certified for the local area pursuant to 

Certification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1460 PUBLIC LAW 113–128—JULY 22, 2014 

a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area 

and in accordance with the criteria established under subsection (b). 

(4) SINGLE STATE LOCAL AREA.— 

(A) STATE BOARD.—Notwithstanding subsection (b) and 

paragraphs (1) and (2), if a State described in section 

106(d) indicates in the State plan that the State will be 

treated as a single State local area, for purposes of the 

application of this Act or the provisions authorizing a core 

program, the State board shall carry out any of the functions of a local board under this Act or the provisions 

authorizing a core program, including the functions 

described in subsection (d). 

(B) REFERENCES.— 

(i) IN GENERAL.—Except as provided in clauses 

(ii) and (iii), with respect to such a State, a reference 

in this Act or a core program provision to a local 

board shall be considered to be a reference to the 

State board, and a reference in the Act or provision 

to a local area or region shall be considered to be 

a reference to the State. 

(ii) PLANS.—The State board shall prepare a local 

plan under section 108 for the State, and submit the 

plan for approval as part of the State plan. 

(iii) PERFORMANCE ACCOUNTABILITY MEASURES.— 

The State shall not be required to meet and report 

on a set of local performance accountability measures. 

(d) FUNCTIONS OF LOCAL BOARD.—Consistent with section 108, 

the functions of the local board shall include the following: 

(1) LOCAL PLAN.—The local board, in partnership with the 

chief elected official for the local area involved, shall develop 

and submit a local plan to the Governor that meets the requirements in section 108. If the local area is part of a planning 

region that includes other local areas, the local board shall 

collaborate with the other local boards and chief elected officials 

from such other local areas in the preparation and submission 

of a regional plan as described in section 106(c)(2). 

(2) WORKFORCE RESEARCH AND REGIONAL LABOR MARKET

ANALYSIS.—In order to assist in the development and 

implementation of the local plan, the local board shall— 

(A) carry out analyses of the economic conditions in 

the region, the needed knowledge and skills for the region, 

the workforce in the region, and workforce development 

activities (including education and training) in the region 

described in section 108(b)(1)(D), and regularly update such 

information; 

(B) assist the Governor in developing the statewide 

workforce and labor market information system described 

in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– 

2(e)), specifically in the collection, analysis, and utilization 

of workforce and labor market information for the region; 

and 

(C) conduct such other research, data collection, and 

analysis related to the workforce needs of the regional 

economy as the board, after receiving input from a wide 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1461 

array of stakeholders, determines to be necessary to carry 

out its functions. 

(3) CONVENING, BROKERING, LEVERAGING.—The local board 

shall convene local workforce development system stakeholders 

to assist in the development of the local plan under section 

108 and in identifying non-Federal expertise and resources 

to leverage support for workforce development activities. The 

local board, including standing committees, may engage such 

stakeholders in carrying out the functions described in this 

subsection. 

(4) EMPLOYER ENGAGEMENT.—The local board shall lead 

efforts to engage with a diverse range of employers and with 

entities in the region involved— 

(A) to promote business representation (particularly 

representatives with optimal policymaking or hiring 

authority from employers whose employment opportunities 

reflect existing and emerging employment opportunities 

in the region) on the local board; 

(B) to develop effective linkages (including the use 

of intermediaries) with employers in the region to support 

employer utilization of the local workforce development 

system and to support local workforce investment activities; 

(C) to ensure that workforce investment activities meet 

the needs of employers and support economic growth in 

the region, by enhancing communication, coordination, and 

collaboration among employers, economic development entities, and service providers; and 

(D) to develop and implement proven or promising 

strategies for meeting the employment and skill needs of 

workers and employers (such as the establishment of 

industry and sector partnerships), that provide the skilled 

workforce needed by employers in the region, and that 

expand employment and career advancement opportunities 

for workforce development system participants in indemand industry sectors or occupations. 

(5) CAREER PATHWAYS DEVELOPMENT.—The local board, 

with representatives of secondary and postsecondary education 

programs, shall lead efforts in the local area to develop and 

implement career pathways within the local area by aligning 

the employment, training, education, and supportive services 

that are needed by adults and youth, particularly individuals 

with barriers to employment. 

(6) PROVEN AND PROMISING PRACTICES.—The local board 

shall lead efforts in the local area to— 

(A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, 

and workers and jobseekers (including individuals with 

barriers to employment) in the local workforce development 

system, including providing physical and programmatic 

accessibility, in accordance with section 188, if applicable, 

and applicable provisions of the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.), to the one-stop 

delivery system; and 

(B) identify and disseminate information on proven 

and promising practices carried out in other local areas 

for meeting such needs. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1462 PUBLIC LAW 113–128—JULY 22, 2014 

(7) TECHNOLOGY.—The local board shall develop strategies 

for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, 

and workers and jobseekers, by— 

(A) facilitating connections among the intake and case 

management information systems of the one-stop partner 

programs to support a comprehensive workforce development system in the local area; 

(B) facilitating access to services provided through the 

one-stop delivery system involved, including facilitating the 

access in remote areas; 

(C) identifying strategies for better meeting the needs 

of individuals with barriers to employment, including 

strategies that augment traditional service delivery, and 

increase access to services and programs of the one-stop 

delivery system, such as improving digital literacy skills; 

and 

(D) leveraging resources and capacity within the local 

workforce development system, including resources and 

capacity for services for individuals with barriers to employment. 

(8) PROGRAM OVERSIGHT.—The local board, in partnership 

with the chief elected official for the local area, shall— 

(A)(i) conduct oversight for local youth workforce 

investment activities authorized under section 129(c), local 

employment and training activities authorized under subsections (c) and (d) of section 134, and the one-stop delivery 

system in the local area; and 

(ii) ensure the appropriate use and management of 

the funds provided under subtitle B for the activities and 

system described in clause (i); and 

(B) for workforce development activities, ensure the 

appropriate use, management, and investment of funds 

to maximize performance outcomes under section 116. 

(9) NEGOTIATION OF LOCAL PERFORMANCE ACCOUNTABILITY

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

Governor shall negotiate and reach agreement on local performance accountability measures as described in section 116(c). 

(10) SELECTION OF OPERATORS AND PROVIDERS.— 

(A) SELECTION OF ONE-STOP OPERATORS.—Consistent 

with section 121(d), the local board, with the agreement 

of the chief elected official for the local area— 

(i) shall designate or certify one-stop operators as 

described in section 121(d)(2)(A); and 

(ii) may terminate for cause the eligibility of such 

operators. 

(B) SELECTION OF YOUTH PROVIDERS.—Consistent with 

section 123, the local board— 

(i) shall identify eligible providers of youth 

workforce investment activities in the local area by 

awarding grants or contracts on a competitive basis 

(except as provided in section 123(b)), based on the 

recommendations of the youth standing committee, if 

such a committee is established for the local area under 

subsection (b)(4); and 

(ii) may terminate for cause the eligibility of such 

providers. 

Certification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1463 

(C) IDENTIFICATION OF ELIGIBLE PROVIDERS OF

TRAINING SERVICES.—Consistent with section 122, the local 

board shall identify eligible providers of training services 

in the local area. 

(D) IDENTIFICATION OF ELIGIBLE PROVIDERS OF CAREER

SERVICES.—If the one-stop operator does not provide career 

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

local board shall identify eligible providers of those career 

services in the local area by awarding contracts. 

(E) CONSUMER CHOICE REQUIREMENTS.—Consistent 

with section 122 and paragraphs (2) and (3) of section 

134(c), the local board shall work with the State to ensure 

there are sufficient numbers and types of providers of 

career services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting 

adults in need of adult education and literacy activities) 

serving the local area and providing the services involved 

in a manner that maximizes consumer choice, as well as 

providing opportunities that lead to competitive integrated 

employment for individuals with disabilities. 

(11) COORDINATION WITH EDUCATION PROVIDERS.— 

(A) IN GENERAL.—The local board shall coordinate 

activities with education and training providers in the local 

area, including providers of workforce investment activities, 

providers of adult education and literacy activities under 

title II, providers of career and technical education (as 

defined in section 3 of the Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2302)) and 

local agencies administering plans under title I of the 

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

than section 112 or part C of that title (29 U.S.C. 732, 

741). 

(B) APPLICATIONS AND AGREEMENTS.—The coordination 

described in subparagraph (A) shall include— 

(i) consistent with section 232— 

(I) reviewing the applications to provide adult 

education and literacy activities under title II for 

the local area, submitted under such section to 

the eligible agency by eligible providers, to determine whether such applications are consistent 

with the local plan; and 

(II) making recommendations to the eligible 

agency to promote alignment with such plan; and 

(ii) replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of 

the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)), 

and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (29 U.S.C. 

720 et seq.) (other than section 112 or part C of that 

title (29 U.S.C. 732, 741) and subject to section 121(f)), 

with respect to efforts that will enhance the provision 

of services to individuals with disabilities and other 

individuals, such as cross training of staff, technical 

assistance, use and sharing of information, cooperative 

Recommendation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1464 PUBLIC LAW 113–128—JULY 22, 2014 

efforts with employers, and other efforts at cooperation, 

collaboration, and coordination. 

(C) COOPERATIVE AGREEMENT.—In this paragraph, the 

term ‘‘cooperative agreement’’ means an agreement entered 

into by a State designated agency or State designated 

unit under subparagraph (A) of section 101(a)(11) of the 

Rehabilitation Act of 1973. 

(12) BUDGET AND ADMINISTRATION.— (A) BUDGET.—The local board shall develop a budget 

for the activities of the local board in the local area, consistent with the local plan and the duties of the local 

board under this section, subject to the approval of the 

chief elected official. 

(B) ADMINISTRATION.— (i) GRANT RECIPIENT.— (I) IN GENERAL.—The chief elected official in 

a local area shall serve as the local grant recipient 

for, and shall be liable for any misuse of, the 

grant funds allocated to the local area under sections 128 and 133, unless the chief elected official 

reaches an agreement with the Governor for the 

Governor to act as the local grant recipient and 

bear such liability. 

(II) DESIGNATION.—In order to assist in 

administration of the grant funds, the chief elected 

official or the Governor, where the Governor serves 

as the local grant recipient for a local area, may 

designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. 

Such designation shall not relieve the chief elected 

official or the Governor of the liability for any 

misuse of grant funds as described in subclause 

(I). 

(III) DISBURSAL.—The local grant recipient or 

an entity designated under subclause (II) shall 

disburse the grant funds for workforce investment 

activities at the direction of the local board, pursuant to the requirements of this title. The local 

grant recipient or entity designated under subclause (II) shall disburse the funds immediately 

on receiving such direction from the local board. 

(ii) GRANTS AND DONATIONS.—The local board may 

solicit and accept grants and donations from sources 

other than Federal funds made available under this 

Act. 

(iii) TAX-EXEMPT STATUS.—For purposes of carrying 

out duties under this Act, local boards may incorporate, 

and may operate as entities described in section 

501(c)(3) of the Internal Revenue Code of 1986 that 

are exempt from taxation under section 501(a) of such 

Code. 

(13) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.— 

The local board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if 

applicable, and applicable provisions of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of all onestop centers in the local area. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1465 

(e) SUNSHINE PROVISION.—The local board shall make available 

to the public, on a regular basis through electronic means and 

open meetings, information regarding the activities of the local 

board, including information regarding the local plan prior to 

submission of the plan, and regarding membership, the designation 

and certification of one-stop operators, and the award of grants 

or contracts to eligible providers of youth workforce investment 

activities, and on request, minutes of formal meetings of the local 

board. 

(f) STAFF.— (1) IN GENERAL.—The local board may hire a director and 

other staff to assist in carrying out the functions described 

in subsection (d) using funds available under sections 128(b) 

and 133(b) as described in section 128(b)(4). 

(2) QUALIFICATIONS.—The local board shall establish and 

apply a set of objective qualifications for the position of director, 

that ensures that the individual selected has the requisite 

knowledge, skills, and abilities, to meet identified benchmarks 

and to assist in effectively carrying out the functions of the 

local board. 

(3) LIMITATION ON RATE.—The director and staff described 

in paragraph (1) shall be subject to the limitations on the 

payment of salaries and bonuses described in section 194(15). 

(g) LIMITATIONS.— 

(1) TRAINING SERVICES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), no local board may provide training services. 

(B) WAIVERS OF TRAINING PROHIBITION.—The Governor 

of the State in which a local board is located may, pursuant 

to a request from the local board, grant a written waiver 

of the prohibition set forth in subparagraph (A) (relating 

to the provision of training services) for a program of 

training services, if the local board— 

(i) submits to the Governor a proposed request 

for the waiver that includes— 

(I) satisfactory evidence that there is an 

insufficient number of eligible providers of such 

a program of training services to meet local 

demand in the local area; 

(II) information demonstrating that the board 

meets the requirements for an eligible provider 

of training services under section 122; and 

(III) information demonstrating that the program of training services prepares participants for 

an in-demand industry sector or occupation in the 

local area; 

(ii) makes the proposed request available to eligible 

providers of training services and other interested 

members of the public for a public comment period 

of not less than 30 days; and 

(iii) includes, in the final request for the waiver, 

the evidence and information described in clause (i) 

and the comments received pursuant to clause (ii). 

(C) DURATION.—A waiver granted to a local board 

under subparagraph (B) shall apply for a period that shall 

not exceed the duration of the local plan. The waiver may 

be renewed for additional periods under subsequent local 

Applicability. 

Time period. 

Public 

information. 

Time period. 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1466 PUBLIC LAW 113–128—JULY 22, 2014 

plans, not to exceed the durations of such subsequent plans, 

pursuant to requests from the local board, if the board 

meets the requirements of subparagraph (B) in making 

the requests. 

(D) REVOCATION.—The Governor shall have the 

authority to revoke the waiver during the appropriate 

period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local 

board involved has engaged in a pattern of inappropriate 

referrals to training services operated by the local board. 

(2) CAREER SERVICES; DESIGNATION OR CERTIFICATION AS

ONE-STOP OPERATORS.—A local board may provide career services described in section 134(c)(2) through a one-stop delivery 

system or be designated or certified as a one-stop operator 

only with the agreement of the chief elected official in the 

local area and the Governor. 

(3) LIMITATION ON AUTHORITY.—Nothing in this Act shall 

be construed to provide a local board with the authority to 

mandate curricula for schools. 

(h) CONFLICT OF INTEREST.—A member of a local board, or 

a member of a standing committee, may not— 

(1) vote on a matter under consideration by the local 

board— 

(A) regarding the provision of services by such member 

(or by an entity that such member represents); or 

(B) that would provide direct financial benefit to such 

member or the immediate family of such member; or 

(2) engage in any other activity determined by the Governor 

to constitute a conflict of interest as specified in the State 

plan. 

(i) ALTERNATIVE ENTITY.— 

(1) IN GENERAL.—For purposes of complying with subsections (a), (b), and (c), a State may use any local entity 

(including a local council, regional workforce development 

board, or similar entity) that— 

(A) is established to serve the local area (or the service 

delivery area that most closely corresponds to the local 

area); 

(B) was in existence on the day before the date of 

enactment of this Act, pursuant to State law; and 

(C) includes— 

(i) representatives of business in the local area; 

and 

(ii)(I) representatives of labor organizations (for 

a local area in which employees are represented by 

labor organizations), nominated by local labor federations; or 

(II) other representatives of employees in the local 

area (for a local area in which no employees are represented by such organizations). 

(2) REFERENCES.—A reference in this Act or a core program 

provision to a local board, shall include a reference to such 

an entity. 

SEC. 108. LOCAL PLAN. 

(a) IN GENERAL.—Each local board shall develop and submit 

to the Governor a comprehensive 4-year local plan, in partnership 

29 USC 3123. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1467 

with the chief elected official. The local plan shall support the 

strategy described in the State plan in accordance with section 

102(b)(1)(E), and otherwise be consistent with the State plan. If 

the local area is part of a planning region, the local board shall 

comply with section 106(c) in the preparation and submission of 

a regional plan. At the end of the first 2-year period of the 4- 

year local plan, each local board shall review the local plan and 

the local board, in partnership with the chief elected official, shall 

prepare and submit modifications to the local plan to reflect changes 

in labor market and economic conditions or in other factors affecting 

the implementation of the local plan. 

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

(1) a description of the strategic planning elements consisting of— 

(A) an analysis of the regional economic conditions 

including— 

(i) existing and emerging in-demand industry sectors and occupations; and 

(ii) the employment needs of employers in those 

industry sectors and occupations; 

(B) an analysis of the knowledge and skills needed 

to meet the employment needs of the employers in the 

region, including employment needs in in-demand industry 

sectors and occupations; 

(C) an analysis of the workforce in the region, including 

current labor force employment (and unemployment) data, 

and information on labor market trends, and the educational and skill levels of the workforce in the region, 

including individuals with barriers to employment; 

(D) an analysis of the workforce development activities 

(including education and training) in the region, including 

an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address 

the identified education and skill needs of the workforce 

and the employment needs of employers in the region; 

(E) a description of the local board’s strategic vision 

and goals for preparing an educated and skilled workforce 

(including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A) in order to support 

regional economic growth and economic self-sufficiency; and 

(F) taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities 

that carry out the core programs to align resources available to the local area, to achieve the strategic vision and 

goals described in subparagraph (E); 

(2) a description of the workforce development system in 

the local area that identifies the programs that are included 

in that system and how the local board will work with the 

entities carrying out core programs and other workforce 

development programs to support alignment to provide services, 

including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 

2301 et seq.), that support the strategy identified in the State 

plan under section 102(b)(1)(E); 

Time period. 

Review. 

Compliance. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1468 PUBLIC LAW 113–128—JULY 22, 2014 

(3) a description of how the local board, working with 

the entities carrying out core programs, will expand access 

to employment, training, education, and supportive services 

for eligible individuals, particularly eligible individuals with 

barriers to employment, including how the local board will 

facilitate the development of career pathways and co-enrollment, as appropriate, in core programs, and improve access 

to activities leading to a recognized postsecondary credential 

(including a credential that is an industry-recognized certificate 

or certification, portable, and stackable); 

(4) a description of the strategies and services that will 

be used in the local area— 

(A) in order to— 

(i) facilitate engagement of employers, including 

small employers and employers in in-demand industry 

sectors and occupations, in workforce development programs; 

(ii) support a local workforce development system 

that meets the needs of businesses in the local area; 

(iii) better coordinate workforce development programs and economic development; and 

(iv) strengthen linkages between the one-stop 

delivery system and unemployment insurance programs; and 

(B) that may include the implementation of initiatives 

such as incumbent worker training programs, on-the-job 

training programs, customized training programs, industry 

and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business 

services and strategies, designed to meet the needs of 

employers in the corresponding region in support of the 

strategy described in paragraph (1)(F); 

(5) a description of how the local board will coordinate 

workforce investment activities carried out in the local area 

with economic development activities carried out in the region 

in which the local area is located (or planning region), and 

promote entrepreneurial skills training and microenterprise 

services; 

(6) a description of the one-stop delivery system in the 

local area, including— 

(A) a description of how the local board will ensure 

the continuous improvement of eligible providers of services 

through the system and ensure that such providers meet 

the employment needs of local employers, and workers 

and jobseekers; 

(B) a description of how the local board will facilitate 

access to services provided through the one-stop delivery 

system, including in remote areas, through the use of technology and through other means; 

(C) a description of how entities within the one-stop 

delivery system, including one-stop operators and the onestop partners, will comply with section 188, if applicable, 

and applicable provisions of the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.) regarding the physical 

and programmatic accessibility of facilities, programs and 

services, technology, and materials for individuals with 

disabilities, including providing staff training and support 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1469 

for addressing the needs of individuals with disabilities; 

and 

(D) a description of the roles and resource contributions 

of the one-stop partners; 

(7) a description and assessment of the type and availability 

of adult and dislocated worker employment and training activities in the local area; 

(8) a description of how the local board will coordinate 

workforce investment activities carried out in the local area 

with statewide rapid response activities, as described in section 

134(a)(2)(A); 

(9) a description and assessment of the type and availability 

of youth workforce investment activities in the local area, 

including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment 

activities; 

(10) a description of how the local board will coordinate 

education and workforce investment activities carried out in 

the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance 

services, and avoid duplication of services; 

(11) a description of how the local board will coordinate 

workforce investment activities carried out under this title in 

the local area with the provision of transportation, including 

public transportation, and other appropriate supportive services 

in the local area; 

(12) a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided 

by the State employment service under the Wagner-Peyser 

Act (29 U.S.C. 49 et seq.) and services provided in the local 

area through the one-stop delivery system, to improve service 

delivery and avoid duplication of services; 

(13) a description of how the local board will coordinate 

workforce investment activities carried out under this title in 

the local area with the provision of adult education and literacy 

activities under title II in the local area, including a description 

of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232, 

the review of local applications submitted under title II; 

(14) a description of the replicated cooperative agreements 

(as defined in section 107(d)(11)) between the local board or 

other local entities described in section 101(a)(11)(B) of the 

Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the 

local office of a designated State agency or designated State 

unit administering programs carried out under title I of such 

Act (29 U.S.C. 720 et seq.) (other than section 112 or part 

C of that title (29 U.S.C. 732, 741) and subject to section 

121(f)) in accordance with section 101(a)(11) of such Act (29 

U.S.C. 721(a)(11)) with respect to efforts that will enhance 

the provision of services to individuals with disabilities and 

to other individuals, such as cross training of staff, technical 

assistance, use and sharing of information, cooperative efforts 

with employers, and other efforts at cooperation, collaboration, 

and coordination; 

(15) an identification of the entity responsible for the disbursal of grant funds described in section 107(d)(12)(B)(i)(III), 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1470 PUBLIC LAW 113–128—JULY 22, 2014 

as determined by the chief elected official or the Governor 

under section 107(d)(12)(B)(i); 

(16) a description of the competitive process to be used 

to award the subgrants and contracts in the local area for 

activities carried out under this title; 

(17) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant 

to section 116(c), to be used to measure the performance of 

the local area and to be used by the local board for measuring 

the performance of the local fiscal agent (where appropriate), 

eligible providers under subtitle B, and the one-stop delivery 

system, in the local area; 

(18) a description of the actions the local board will take 

toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant 

to section 101(d)(6); 

(19) a description of how training services under chapter 

3 of subtitle B will be provided in accordance with section 

134(c)(3)(G), including, if contracts for the training services 

will be used, how the use of such contracts will be coordinated 

with the use of individual training accounts under that chapter 

and how the local board will ensure informed customer choice 

in the selection of training programs regardless of how the 

training services are to be provided; 

(20) a description of the process used by the local board, 

consistent with subsection (d), to provide an opportunity for 

public comment, including comment by representatives of 

businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior 

to submission of the plan; 

(21) a description of how one-stop centers are implementing 

and transitioning to an integrated, technology-enabled intake 

and case management information system for programs carried 

out under this Act and programs carried out by one-stop partners; and 

(22) such other information as the Governor may require. 

(c) EXISTING ANALYSIS.—As appropriate, a local area may use 

an existing analysis in order to carry out the requirements of 

subsection (b)(1) concerning an analysis. 

(d) PROCESS.—Prior to the date on which the local board submits a local plan under this section, the local board shall— 

(1) make available copies of a proposed local plan to the 

public through electronic and other means, such as public 

hearings and local news media; 

(2) allow members of the public, including representatives 

of business, representatives of labor organizations, and representatives of education to submit to the local board comments 

on the proposed local plan, not later than the end of the 

30-day period beginning on the date on which the proposed 

local plan is made available; and 

(3) include with the local plan submitted to the Governor 

under this section any such comments that represent disagreement with the plan. 

(e) PLAN SUBMISSION AND APPROVAL.—A local plan submitted 

to the Governor under this section (including a modification to 

such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the 

Time period. 

Effective date. 

Deadline. 

Time period. 

Records. 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1471 

Governor receives the plan (including such a modification), unless 

the Governor makes a written determination during the 90-day 

period that— 

(1) deficiencies in activities carried out under this subtitle 

or subtitle B have been identified, through audits conducted 

under section 184 or otherwise, and the local area has not 

made acceptable progress in implementing corrective measures 

to address the deficiencies; 

(2) the plan does not comply with the applicable provisions 

of this Act; or 

(3) the plan does not align with the State plan, including 

failing to provide for alignment of the core programs to support 

the strategy identified in the State plan in accordance with 

section 102(b)(1)(E). 

CHAPTER 3—BOARD PROVISIONS 

SEC. 111. FUNDING OF STATE AND LOCAL BOARDS. 

(a) STATE BOARDS.—In funding a State board under this subtitle, a State— 

(1) shall use funds available as described in section 

129(b)(3) or 134(a)(3)(B); and 

(2) may use non-Federal funds available to the State that 

the State determines are appropriate and available for that 

use. 

(b) LOCAL BOARDS.—In funding a local board under this subtitle, the chief elected official and local board for the local area— 

(1) shall use funds available as described in section 

128(b)(4); and 

(2) may use non-Federal funds available to the local area 

that the chief elected official and local board determine are 

appropriate and available for that use. 

CHAPTER 4—PERFORMANCE ACCOUNTABILITY 

SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM. 

(a) PURPOSE.—The purpose of this section is to establish 

performance accountability measures that apply across the core 

programs to assess the effectiveness of States and local areas (for 

core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs. 

(b) STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 

(1) IN GENERAL.—For each State, the performance accountability measures for the core programs shall consist of— 

(A)(i) the primary indicators of performance described 

in paragraph (2)(A); and 

(ii) the additional indicators of performance (if any) 

identified by the State under paragraph (2)(B); and 

(B) a State adjusted level of performance for each 

indicator described in subparagraph (A). 

(2) INDICATORS OF PERFORMANCE.— 

(A) PRIMARY INDICATORS OF PERFORMANCE.— 

(i) IN GENERAL.—The State primary indicators of 

performance for activities provided under the adult 

and dislocated worker programs authorized under 

chapter 3 of subtitle B, the program of adult education 

and literacy activities authorized under title II, the 

Applicability. 

Assessment. 

29 USC 3141. 

29 USC 3131. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1472 PUBLIC LAW 113–128—JULY 22, 2014 

employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 

49 et seq.) (except that subclauses (IV) and (V) shall 

not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 

(29 U.S.C. 720 et seq.), other than section 112 or part 

C of that title (29 U.S.C. 732, 741), shall consist of— 

(I) the percentage of program participants who 

are in unsubsidized employment during the second 

quarter after exit from the program; 

(II) the percentage of program participants 

who are in unsubsidized employment during the 

fourth quarter after exit from the program; 

(III) the median earnings of program participants who are in unsubsidized employment during 

the second quarter after exit from the program; 

(IV) the percentage of program participants 

who obtain a recognized postsecondary credential, 

or a secondary school diploma or its recognized 

equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; 

(V) the percentage of program participants 

who, during a program year, are in an education 

or training program that leads to a recognized 

postsecondary credential or employment and who 

are achieving measurable skill gains toward such 

a credential or employment; and 

(VI) the indicators of effectiveness in serving 

employers established pursuant to clause (iv). 

(ii) PRIMARY INDICATORS FOR ELIGIBLE YOUTH.— 

The primary indicators of performance for the youth 

program authorized under chapter 2 of subtitle B shall 

consist of— 

(I) the percentage of program participants who 

are in education or training activities, or in unsubsidized employment, during the second quarter 

after exit from the program; 

(II) the percentage of program participants 

who are in education or training activities, or in 

unsubsidized employment, during the fourth 

quarter after exit from the program; and 

(III) the primary indicators of performance 

described in subclauses (III) through (VI) of 

subparagraph (A)(i). 

(iii) INDICATOR RELATING TO CREDENTIAL.—For 

purposes of clause (i)(IV), or clause (ii)(III) with respect 

to clause (i)(IV), program participants who obtain a 

secondary school diploma or its recognized equivalent 

shall be included in the percentage counted as meeting 

the criterion under such clause only if such participants, in addition to obtaining such diploma or its 

recognized equivalent, have obtained or retained 

employment or are in an education or training program 

leading to a recognized postsecondary credential within 

1 year after exit from the program. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1473 

(iv) INDICATOR FOR SERVICES TO EMPLOYERS.—Prior 

to the commencement of the second full program year 

after the date of enactment of this Act, for purposes 

of clauses (i)(VI), or clause (ii)(III) with respect to 

clause (i)(IV), the Secretary of Labor and the Secretary 

of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly 

develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance 

that indicate the effectiveness of the core programs 

in serving employers. 

(B) ADDITIONAL INDICATORS.—A State may identify in 

the State plan additional performance accountability 

indicators. 

(3) LEVELS OF PERFORMANCE.— (A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR PRIMARY INDICATORS.— 

(i) IN GENERAL.—For each State submitting a State 

plan, there shall be established, in accordance with 

this subparagraph, levels of performance for each of 

the corresponding primary indicators of performance 

described in paragraph (2) for each of the programs 

described in clause (ii). 

(ii) INCLUDED PROGRAMS.—The programs included 

under clause (i) are— 

(I) the youth program authorized under 

chapter 2 of subtitle B; 

(II) the adult program authorized under 

chapter 3 of subtitle B; 

(III) the dislocated worker program authorized 

under chapter 3 of subtitle B; 

(IV) the program of adult education and literacy activities authorized under title II; 

(V) the employment services program authorized under sections 1 through 13 of the WagnerPeyser Act (29 U.S.C. 49 et seq.); and 

(VI) the program authorized under title I of 

the Rehabilitation Act of 1973 (29 U.S.C. 720 et 

seq.), other than section 112 or part C of that 

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

(iii) IDENTIFICATION IN STATE PLAN.—Each State 

shall identify, in the State plan, expected levels of 

performance for each of the corresponding primary 

indicators of performance for each of the programs 

described in clause (ii) for the first 2 program years 

covered by the State plan. 

(iv) AGREEMENT ON STATE ADJUSTED LEVELS OF

PERFORMANCE.— 

(I) FIRST 2 YEARS.—The State shall reach 

agreement with the Secretary of Labor, in conjunction with the Secretary of Education on levels of 

performance for each indicator described in clause 

(iii) for each of the programs described in clause 

(ii) for each of the first 2 program years covered 

by the State plan. In reaching the agreement, the 

State and the Secretary of Labor in conjunction 

with the Secretary of Education shall take into 

Time period. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1474 PUBLIC LAW 113–128—JULY 22, 2014 

account the levels identified in the State plan 

under clause (iii) and the factors described in 

clause (v). The levels agreed to shall be considered 

to be the State adjusted levels of performance for 

the State for such program years and shall be 

incorporated into the State plan prior to the 

approval of such plan. 

(II) THIRD AND FOURTH YEAR.—The State and 

the Secretary of Labor, in conjunction with the 

Secretary of Education, shall reach agreement, 

prior to the third program year covered by the 

State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third 

and fourth program years covered by the State 

plan. In reaching the agreement, the State and 

Secretary of Labor, in conjunction with the Secretary of Education, shall take into account the 

factors described in clause (v). The levels agreed 

to shall be considered to be the State adjusted 

levels of performance for the State for such program years and shall be incorporated into the 

State plan as a modification to the plan. 

(v) FACTORS.—In reaching the agreements 

described in clause (iv), the State and Secretaries 

shall— 

(I) take into account how the levels involved 

compare with the State adjusted levels of performance established for other States; 

(II) ensure that the levels involved are 

adjusted, using the objective statistical model 

established by the Secretaries pursuant to clause 

(viii), based on— 

(aa) the differences among States in actual 

economic conditions (including differences in 

unemployment rates and job losses or gains 

in particular industries); and 

(bb) the characteristics of participants 

when the participants entered the program 

involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit 

employment, low levels of literacy or English 

proficiency, disability status, homelessness, exoffender status, and welfare dependency; 

(III) take into account the extent to which 

the levels involved promote continuous improvement in performance accountability on the 

performance accountability measures by such 

State and ensure optimal return on the investment 

of Federal funds; and 

(IV) take into account the extent to which 

the levels involved will assist the State in meeting 

the goals described in clause (vi). 

(vi) GOALS.—In order to promote enhanced 

performance outcomes and to facilitate the process of 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1475 

reaching agreements with the States under clause (iv), 

the Secretary of Labor, in conjunction with the Secretary of Education, shall establish performance goals 

for the core programs, in accordance with the Government Performance and Results Act of 1993 (Public 

Law 103–62; 107 Stat. 285) and the amendments made 

by that Act, and in consultation with States and other 

appropriate parties. Such goals shall be long-term goals 

for the adjusted levels of performance to be achieved 

by each of the programs described in clause (ii) 

regarding the corresponding primary indicators of 

performance described in paragraph (2)(A). 

(vii) REVISIONS BASED ON ECONOMIC CONDITIONS

AND INDIVIDUALS SERVED DURING THE PROGRAM YEAR.— 

The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause 

(viii), revise the State adjusted levels of performance 

applicable for each of the programs described in clause 

(ii), for a program year and a State, to reflect the 

actual economic conditions and characteristics of 

participants (as described in clause (v)(II)) in that program during such program year in such State. 

(viii) STATISTICAL ADJUSTMENT MODEL.—The Secretary of Labor and the Secretary of Education, after 

consultation with the representatives described in 

paragraph (4)(B), shall develop and disseminate an 

objective statistical model that will be used to make 

the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics 

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

(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—The State may identify, in the State plan, State 

levels of performance for each of the additional indicators 

identified under paragraph (2)(B). Such levels shall be 

considered to be State adjusted levels of performance for 

purposes of this section. 

(4) DEFINITIONS OF INDICATORS OF PERFORMANCE.— 

(A) IN GENERAL.—In order to ensure nationwide comparability of performance data, the Secretary of Labor and 

the Secretary of Education, after consultation with representatives described in subparagraph (B), shall issue 

definitions for the indicators described in paragraph (2). 

(B) REPRESENTATIVES.—The representatives referred to 

in subparagraph (A) are representatives of States and political subdivisions, business and industry, employees, eligible 

providers of activities carried out through the core programs, educators, researchers, participants, the lead State 

agency officials with responsibility for the programs carried 

out through the core programs, individuals with expertise 

in serving individuals with barriers to employment, and 

other interested parties. 

(c) LOCAL PERFORMANCE ACCOUNTABILITY MEASURES FOR SUBTITLE B.— 

Consultation. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1476 PUBLIC LAW 113–128—JULY 22, 2014 

(1) IN GENERAL.—For each local area in a State designated 

under section 106, the local performance accountability measures for each of the programs described in subclauses (I) 

through (III) of subsection (b)(3)(A)(ii) shall consist of— 

(A)(i) the primary indicators of performance described 

in subsection (b)(2)(A) that are applicable to such programs; 

and 

(ii) additional indicators of performance, if any, identified by the State for such programs under subsection 

(b)(2)(B); and 

(B) the local level of performance for each indicator 

described in subparagraph (A). 

(2) LOCAL LEVEL OF PERFORMANCE.—The local board, the 

chief elected official, and the Governor shall negotiate and 

reach agreement on local levels of performance based on the 

State adjusted levels of performance established under subsection (b)(3)(A). 

(3) ADJUSTMENT FACTORS.—In negotiating the local levels 

of performance, the local board, the chief elected official, and 

the Governor shall make adjustments for the expected economic 

conditions and the expected characteristics of participants to 

be served in the local area, using the statistical adjustment 

model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to 

a program year shall be revised to reflect the actual economic 

conditions experienced and the characteristics of the populations served in the local area during such program year 

using the statistical adjustment model. 

(d) PERFORMANCE REPORTS.— 

(1) IN GENERAL.—Not later than 12 months after the date 

of enactment of this Act, the Secretary of Labor, in conjunction 

with the Secretary of Education, shall develop a template for 

performance reports that shall be used by States, local boards, 

and eligible providers of training services under section 122 

to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor, in conjunction 

with the Secretary of Education, will take into account the 

need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal 

policymakers, and other key stakeholders. 

(2) CONTENTS OF STATE PERFORMANCE REPORTS.—The 

performance report for a State shall include, subject to paragraph (5)(C)— 

(A) information specifying the levels of performance 

achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State 

adjusted levels of performance with respect to such indicators for each program; 

(B) information specifying the levels of performance 

achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to 

individuals with barriers to employment, disaggregated by 

each subpopulation of such individuals, and by race, ethnicity, sex, and age; 

Negotiation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1477 

(C) the total number of participants served by each 

of the programs described in subsection (b)(3)(A)(ii); 

(D) the number of participants who received career 

and training services, respectively, during the most recent 

program year and the 3 preceding program years, and 

the amount of funds spent on each type of service; 

(E) the number of participants who exited from career 

and training services, respectively, during the most recent 

program year and the 3 preceding program years; 

(F) the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 

preceding program years; 

(G) the percentage of participants in a program authorized under this subtitle who received training services and 

obtained unsubsidized employment in a field related to 

the training received; 

(H) the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation 

of such individuals; 

(I) the number of participants who are enrolled in 

more than 1 of the programs described in subsection 

(b)(3)(A)(ii); 

(J) the percentage of the State’s annual allotment 

under section 132(b) that the State spent on administrative 

costs; 

(K) in the case of a State in which local areas are 

implementing pay-for-performance contract strategies for 

programs— 

(i) the performance of service providers entering 

into contracts for such strategies, measured against 

the levels of performance specified in the contracts 

for such strategies; and 

(ii) an evaluation of the design of the programs 

and performance of the strategies, and, where possible, 

the level of satisfaction with the strategies among 

employers and participants benefitting from the strategies; and 

(L) other information that facilitates comparisons of 

programs with programs in other States. 

(3) CONTENTS OF LOCAL AREA PERFORMANCE REPORTS.— 

The performance reports for a local area shall include, subject 

to paragraph (6)(C)— 

(A) the information specified in subparagraphs (A) 

through (L) of paragraph (2), for each of the programs 

described in subclauses (I) through (III) of subsection 

(b)(3)(A)(ii); 

(B) the percentage of the local area’s allocation under 

sections 128(b) and 133(b) that the local area spent on 

administrative costs; and 

(C) other information that facilitates comparisons of 

programs with programs in other local areas (or planning 

regions, as appropriate). 

(4) CONTENTS OF ELIGIBLE TRAINING PROVIDERS PERFORM- ANCE REPORTS.—The performance report for an eligible provider 

of training services under section 122 shall include, subject 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1478 PUBLIC LAW 113–128—JULY 22, 2014 

to paragraph (6)(C), with respect to each program of study 

(or the equivalent) of such provider— 

(A) information specifying the levels of performance 

achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection 

(b)(2)(A)(i) with respect to all individuals engaging in the 

program of study (or the equivalent); 

(B) the total number of individuals exiting from the 

program of study (or the equivalent); 

(C) the total number of participants who received 

training services through each of the adult program and 

the dislocated worker program authorized under chapter 

3 of subtitle B, disaggregated by the type of entity that 

provided the training, during the most recent program 

year and the 3 preceding program years; 

(D) the total number of participants who exited from 

training services, disaggregated by the type of entity that 

provided the training, during the most recent program 

year and the 3 preceding program years; 

(E) the average cost per participant for the participants 

who received training services, disaggregated by the type 

of entity that provided the training, during the most recent 

program year and the 3 preceding program years; and 

(F) the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such 

individuals, and by race, ethnicity, sex, and age. 

(5) DATA VALIDATION.—In preparing the State reports 

described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, in 

conjunction with the Secretary of Education, to ensure the 

information contained in the reports is valid and reliable. 

(6) PUBLICATION.— 

(A) STATE PERFORMANCE REPORTS.—The Secretary of 

Labor and the Secretary of Education shall annually make 

available (including by electronic means), in an easily 

understandable format, the performance reports for States 

containing the information described in paragraph (2). 

(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER

PERFORMANCE REPORTS.—The State shall make available 

(including by electronic means), in an easily understandable format, the performance reports for the local areas 

containing the information described in paragraph (3) and 

the performance reports for eligible providers of training 

services containing the information described in paragraph 

(4). 

(C) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under this subsection shall not be 

required when the number of participants in a category 

is insufficient to yield statistically reliable information or 

when the results would reveal personally identifiable 

information about an individual participant. 

(D) DISSEMINATION TO CONGRESS.—The Secretary of 

Labor and the Secretary of Education shall make available 

(including by electronic means) a summary of the reports, 

and the reports, required under this subsection to the 

Procedures. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1479 

Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The Secretaries 

shall prepare and make available with the reports a set 

of recommendations for improvements in and adjustments 

to pay-for-performance contract strategies used under subtitle B. 

(e) EVALUATION OF STATE PROGRAMS.— 

(1) IN GENERAL.—Using funds authorized under a core program and made available to carry out this section, the State, 

in coordination with local boards in the State and the State 

agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried 

out in the State under such programs. The State, local boards, 

and State agencies shall conduct the evaluations in order to 

promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve 

high-level performance within, and high-level outcomes from, 

the workforce development system. The State shall coordinate 

the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 

169, section 242(c)(2)(D), and sections 12(a)(5), 14, and 107 

of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 

727) (applied with respect to programs carried out under title 

I of that Act (29 U.S.C. 720 et seq.)) and the investigations 

provided for by the Secretary of Labor under section 10(b) 

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

(2) DESIGN.—The evaluations conducted under this subsection shall be designed in conjunction with the State board, 

State agencies responsible for the administration of the core 

programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use 

designs that employ the most rigorous analytical and statistical 

methods that are reasonably feasible, such as the use of control 

groups. 

(3) RESULTS.—The State shall annually prepare, submit 

to the State board and local boards in the State, and make 

available to the public (including by electronic means), reports 

containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the 

workforce development system. 

(4) COOPERATION WITH FEDERAL EVALUATIONS.—The State 

shall, to the extent practicable, cooperate in the conduct of 

evaluations (including related research projects) provided for 

by the Secretary of Labor or the Secretary of Education under 

the provisions of Federal law identified in paragraph (1). Such 

cooperation shall include the provision of data (in accordance 

with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and 

allowing site visits in a timely manner, for the Secretaries 

or their agents. 

(f) SANCTIONS FOR STATE FAILURE TO MEET STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 

(1) STATES.— 

Public 

information. 

Recommendations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1480 PUBLIC LAW 113–128—JULY 22, 2014 

(A) TECHNICAL ASSISTANCE.—If a State fails to meet 

the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for 

any program year, the Secretary of Labor and the Secretary 

of Education shall provide technical assistance, including 

assistance in the development of a performance improvement plan. 

(B) REDUCTION IN AMOUNT OF GRANT.—If such failure 

continues for a second consecutive year, or (except in the 

case of exceptional circumstances as determined by the 

Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection 

(d) for any program year, the percentage of each amount 

that would (in the absence of this paragraph) be reserved 

by the Governor under section 128(a) for the immediately 

succeeding program year shall be reduced by 5 percentage 

points until such date as the Secretary of Labor or the 

Secretary of Education, as appropriate, determines that 

the State meets such State adjusted levels of performance 

and has submitted such reports for the appropriate program years. 

(g) SANCTIONS FOR LOCAL AREA FAILURE TO MEET LOCAL

PERFORMANCE ACCOUNTABILITY MEASURES.— 

(1) TECHNICAL ASSISTANCE.—If a local area fails to meet 

local performance accountability measures established under 

subsection (c) for the youth, adult, or dislocated worker program 

authorized under chapter 2 or 3 of subtitle B for a program 

described in subsection (d)(2)(A) for any program year, the 

Governor, or upon request by the Governor, the Secretary of 

Labor, shall provide technical assistance, which may include 

assistance in the development of a performance improvement 

plan or the development of a modified local plan (or regional 

plan). 

(2) CORRECTIVE ACTIONS.— 

(A) IN GENERAL.—If such failure continues for a third 

consecutive year, the Governor shall take corrective actions, 

which shall include development of a reorganization plan 

through which the Governor shall— 

(i) require the appointment and certification of 

a new local board, consistent with the criteria established under section 107(b); 

(ii) prohibit the use of eligible providers and onestop partners identified as achieving a poor level of 

performance; or 

(iii) take such other significant actions as the Governor determines are appropriate. 

(B) APPEAL BY LOCAL AREA.— 

(i) APPEAL TO GOVERNOR.—The local board and 

chief elected official for a local area that is subject 

to a reorganization plan under subparagraph (A) may, 

not later than 30 days after receiving notice of the 

reorganization plan, appeal to the Governor to rescind 

or revise such plan. In such case, the Governor shall 

make a final decision not later than 30 days after 

the receipt of the appeal. 

(ii) SUBSEQUENT ACTION.—The local board and 

chief elected official for a local area may, not later 

Deadlines. 

Reorganization 

plan. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1481 

than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to 

the Secretary of Labor. In such case, the Secretary 

shall make a final decision not later than 30 days 

after the receipt of the appeal. 

(C) EFFECTIVE DATE.—The decision made by the Governor under subparagraph (B)(i) shall become effective at 

the time the Governor issues the decision pursuant to 

such clause. Such decision shall remain effective unless 

the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). 

(h) ESTABLISHING PAY-FOR-PERFORMANCE CONTRACT STRATEGY

INCENTIVES.—Using non-Federal funds, the Governor may establish 

incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in 

section 134(c)(3) or activities described in section 129(c)(2) in the 

local areas served by the local boards. 

(i) FISCAL AND MANAGEMENT ACCOUNTABILITY INFORMATION

SYSTEMS.— 

(1) IN GENERAL.—Using funds authorized under a core program and made available to carry out this chapter, the Governor, in coordination with the State board, the State agencies 

administering the core programs, local boards, and chief elected 

officials in the State, shall establish and operate a fiscal and 

management accountability information system based on guidelines established by the Secretary of Labor and the Secretary 

of Education after consultation with the Governors of States, 

chief elected officials, and one-stop partners. Such guidelines 

shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds 

authorized under the core programs and for preparing the 

annual report described in subsection (d). 

(2) WAGE RECORDS.—In measuring the progress of the State 

on State and local performance accountability measures, a State 

shall utilize quarterly wage records, consistent with State law. 

The Secretary of Labor shall make arrangements, consistent 

with State law, to ensure that the wage records of any State 

are available to any other State to the extent that such wage 

records are required by the State in carrying out the State 

plan of the State or completing the annual report described 

in subsection (d). 

(3) CONFIDENTIALITY.—In carrying out the requirements 

of this Act, the State shall comply with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 

Subtitle B—Workforce Investment 

Activities and Providers 

CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES 

AND PROVIDERS 

SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS. 

(a) IN GENERAL.—Consistent with an approved State plan, the 

local board for a local area, with the agreement of the chief elected 

official for the local area, shall— 

29 USC 3151. 

Guidelines. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1482 PUBLIC LAW 113–128—JULY 22, 2014 

(1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners; 

(2) designate or certify one-stop operators under subsection 

(d); and 

(3) conduct oversight with respect to the one-stop delivery 

system in the local area. 

(b) ONE-STOP PARTNERS.— (1) REQUIRED PARTNERS.— (A) ROLES AND RESPONSIBILITIES OF ONE-STOP PART- NERS.—Each entity that carries out a program or activities 

described in subparagraph (B) in a local area shall— 

(i) provide access through the one-stop delivery 

system to such program or activities carried out by 

the entity, including making the career services 

described in section 134(c)(2) that are applicable to 

the program or activities available at the one-stop centers (in addition to any other appropriate locations); 

(ii) use a portion of the funds available for the 

program and activities to maintain the one-stop 

delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); 

(iii) enter into a local memorandum of understanding with the local board, relating to the operation 

of the one-stop system, that meets the requirements 

of subsection (c); 

(iv) participate in the operation of the one-stop 

system consistent with the terms of the memorandum 

of understanding, the requirements of this title, and 

the requirements of the Federal laws authorizing the 

program or activities; and 

(v) provide representation on the State board to 

the extent provided under section 101. 

(B) PROGRAMS AND ACTIVITIES.—The programs and 

activities referred to in subparagraph (A) consist of— 

(i) programs authorized under this title; 

(ii) programs authorized under the Wagner-Peyser 

Act (29 U.S.C. 49 et seq.); 

(iii) adult education and literacy activities authorized under title II; 

(iv) programs authorized under title I of the 

Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other 

than section 112 or part C of title I of such Act (29 

U.S.C. 732, 741); 

(v) activities authorized under title V of the Older 

Americans Act of 1965 (42 U.S.C. 3056 et seq.); 

(vi) career and technical education programs at 

the postsecondary level authorized under the Carl D. 

Perkins Career and Technical Education Act of 2006 

(20 U.S.C. 2301 et seq.); 

(vii) activities authorized under chapter 2 of title 

II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.); 

(viii) activities authorized under chapter 41 of title 

38, United States Code; 

(ix) employment and training activities carried out 

under the Community Services Block Grant Act (42 

U.S.C. 9901 et seq.); 

Memorandum. 

Certification. 

Memorandum. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1483 

(x) employment and training activities carried out 

by the Department of Housing and Urban Development; 

(xi) programs authorized under State unemployment compensation laws (in accordance with applicable 

Federal law); 

(xii) programs authorized under section 212 of the 

Second Chance Act of 2007 (42 U.S.C. 17532); and 

(xiii) programs authorized under part A of title 

IV of the Social Security Act (42 U.S.C. 601 et seq.), 

subject to subparagraph (C). 

(C) DETERMINATION BY THE GOVERNOR.— 

(i) IN GENERAL.—An entity that carries out a program referred to in subparagraph (B)(xiii) shall be 

included in the one-stop partners for the local area, 

as a required partner, for purposes of this Act and 

the other core program provisions that are not part 

of this Act, unless the Governor provides the notification described in clause (ii). 

(ii) NOTIFICATION.—The notification referred to in 

clause (i) is a notification that— 

(I) is made in writing of a determination by 

the Governor not to include such entity in the 

one-stop partners described in clause (i); and 

(II) is provided to the Secretary of Labor 

(referred to in this subtitle, and subtitles C 

through E, as the ‘‘Secretary’’) and the Secretary 

of Health and Human Services. 

(2) ADDITIONAL PARTNERS.— 

(A) IN GENERAL.—With the approval of the local board 

and chief elected official, in addition to the entities 

described in paragraph (1), other entities that carry out 

workforce development programs described in subparagraph (B) may be one-stop partners for the local area 

and carry out the responsibilities described in paragraph 

(1)(A). 

(B) PROGRAMS.—The programs referred to in subparagraph (A) may include— 

(i) employment and training programs administered by the Social Security Administration, including 

the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act 

(42 U.S.C. 1320b–19); 

(ii) employment and training programs carried out 

by the Small Business Administration; 

(iii) programs authorized under section 6(d)(4) of 

the Food and Nutrition Act of 2008 (7 U.S.C. 

2015(d)(4)); 

(iv) work programs authorized under section 6(o) 

of the Food and Nutrition Act of 2008 (7 U.S.C. 

2015(o)); 

(v) programs carried out under section 112 of the 

Rehabilitation Act of 1973 (29 U.S.C. 732); 

(vi) programs authorized under the National and 

Community Service Act of 1990 (42 U.S.C. 12501 et 

seq.); and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1484 PUBLIC LAW 113–128—JULY 22, 2014 

(vii) other appropriate Federal, State, or local programs, including employment, education, and training 

programs provided by public libraries or in the private 

sector. 

(c) MEMORANDUM OF UNDERSTANDING.— (1) DEVELOPMENT.—The local board, with the agreement 

of the chief elected official, shall develop and enter into a 

memorandum of understanding (between the local board and 

the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the 

local area. 

(2) CONTENTS.—Each memorandum of understanding shall 

contain— 

(A) provisions describing— 

(i) the services to be provided through the onestop delivery system consistent with the requirements 

of this section, including the manner in which the 

services will be coordinated and delivered through such 

system; 

(ii) how the costs of such services and the operating 

costs of such system will be funded, including— 

(I) funding through cash and in-kind contributions (fairly evaluated), which contributions may 

include funding from philanthropic organizations 

or other private entities, or through other alternative financing options, to provide a stable and 

equitable funding stream for ongoing one-stop 

delivery system operations; and 

(II) funding of the infrastructure costs of onestop centers in accordance with subsection (h); 

(iii) methods of referral of individuals between the 

one-stop operator and the one-stop partners for appropriate services and activities; 

(iv) methods to ensure the needs of workers and 

youth, and individuals with barriers to employment, 

including individuals with disabilities, are addressed 

in the provision of necessary and appropriate access 

to services, including access to technology and materials, made available through the one-stop delivery 

system; and 

(v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and 

assurances that such memorandum shall be reviewed 

not less than once every 3-year period to ensure appropriate funding and delivery of services; and 

(B) such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate. 

(d) ONE-STOP OPERATORS.— 

(1) LOCAL DESIGNATION AND CERTIFICATION.—Consistent 

with paragraphs (2) and (3), the local board, with the agreement 

of the chief elected official, is authorized to designate or certify 

one-stop operators and to terminate for cause the eligibility 

of such operators. 

(2) ELIGIBILITY.—To be eligible to receive funds made available under this subtitle to operate a one-stop center referred 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1485 

to in subsection (e), an entity (which may be a consortium 

of entities)— 

(A) shall be designated or certified as a one-stop operator through a competitive process; and 

(B) shall be an entity (public, private, or nonprofit), 

or consortium of entities (including a consortium of entities 

that, at a minimum, includes 3 or more of the one-stop 

partners described in subsection (b)(1)), of demonstrated 

effectiveness, located in the local area, which may include— 

(i) an institution of higher education; 

(ii) an employment service State agency established under the Wagner-Peyser Act (29 U.S.C. 49 

et seq.), on behalf of the local office of the agency; 

(iii) a community-based organization, nonprofit 

organization, or intermediary; 

(iv) a private for-profit entity; 

(v) a government agency; and 

(vi) another interested organization or entity, 

which may include a local chamber of commerce or 

other business organization, or a labor organization. 

(3) EXCEPTION.—Elementary schools and secondary schools 

shall not be eligible for designation or certification as onestop operators, except that nontraditional public secondary 

schools and area career and technical education schools may 

be eligible for such designation or certification. 

(4) ADDITIONAL REQUIREMENTS.—The State and local 

boards shall ensure that in carrying out activities under this 

title, one-stop operators— 

(A) disclose any potential conflicts of interest arising 

from the relationships of the operators with particular 

training service providers or other service providers; 

(B) do not establish practices that create disincentives 

to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and 

(C) comply with Federal regulations, and procurement 

policies, relating to the calculation and use of profits. 

(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.— 

(1) IN GENERAL.—There shall be established in each local 

area in a State that receives an allotment under section 132(b) 

a one-stop delivery system, which shall— 

(A) provide the career services described in section 

134(c)(2); 

(B) provide access to training services as described 

in section 134(c)(3), including serving as the point of access 

to training services for participants in accordance with 

section 134(c)(3)(G); 

(C) provide access to the employment and training 

activities carried out under section 134(d), if any; 

(D) provide access to programs and activities carried 

out by one-stop partners described in subsection (b); and 

(E) provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act 

(29 U.S.C. 49l–2(a)) and all job search, placement, recruitment, and other labor exchange services authorized under 

the Wagner-Peyser Act (29 U.S.C. 49 et seq.). 

(2) ONE-STOP DELIVERY.—The one-stop delivery system— 

Compliance. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1486 PUBLIC LAW 113–128—JULY 22, 2014 

(A) at a minimum, shall make each of the programs, 

services, and activities described in paragraph (1) accessible 

at not less than 1 physical center in each local area of 

the State; and 

(B) may also make programs, services, and activities 

described in paragraph (1) available— 

(i) through a network of affiliated sites that can 

provide 1 or more of the programs, services, and activities to individuals; and 

(ii) through a network of eligible one-stop partners— 

(I) in which each partner provides 1 or more 

of the programs, services, and activities to such 

individuals and is accessible at an affiliated site 

that consists of a physical location or an electronically or technologically linked access point; and 

(II) that assures individuals that information 

on the availability of the career services will be 

available regardless of where the individuals initially enter the statewide workforce development 

system, including information made available 

through an access point described in subclause 

(I); 

(C) may have specialized centers to address special 

needs, such as the needs of dislocated workers, youth, 

or key industry sectors or clusters; and 

(D) as applicable and practicable, shall make programs, 

services, and activities accessible to individuals through 

electronic means in a manner that improves efficiency, 

coordination, and quality in the delivery of one-stop partner 

services. 

(3) COLOCATION OF WAGNER-PEYSER SERVICES.—Consistent 

with section 3(d) of the Wagner-Peyser Act (29 U.S.C. 49b(d)), 

and in order to improve service delivery, avoid duplication 

of services, and enhance coordination of services, including 

location of staff to ensure access to services in underserved 

areas, the employment service offices in each State shall be 

colocated with one-stop centers established under this title. 

(4) USE OF COMMON ONE-STOP DELIVERY SYSTEM IDENTIFIER.—In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, 

and related property and materials, a common one-stop delivery 

system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and 

local boards and of other stakeholders in the one-stop delivery 

system, not later than the beginning of the second full program 

year after the date of enactment of this Act. Such common 

identifier may consist of a logo, phrase, or other identifier 

that informs users of the one-stop delivery system that such 

products, programs, activities, services, facilities, property, or 

materials are being provided through such system. Nothing 

in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. 

(f) APPLICATION TO CERTAIN VOCATIONAL REHABILITATION PRO- GRAMS.— 

Consultation. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1487 

(1) LIMITATION.—Nothing in this section shall be construed 

to apply to part C of title I of the Rehabilitation Act of 1973 

(29 U.S.C. 741). 

(2) CLIENT ASSISTANCE.—Nothing in this Act shall be construed to require that any entity carrying out a client assistance 

program authorized under section 112 of the Rehabilitation 

Act of 1973 (29 U.S.C. 732)— 

(A) be included as a mandatory one-stop partner under 

subsection (b)(1); or 

(B) if the entity is included as an additional one-stop 

partner under subsection (b)(2)— 

(i) violate the requirement of section 112(c)(1)(A) 

of that Act (29 U.S.C. 732(c)(1)(A)) that the entity 

be independent of any agency that provides treatment, 

services, or rehabilitation to individuals under that 

Act; or 

(ii) carry out any activity not authorized under 

section 112 of that Act (including appropriate Federal 

regulations). 

(g) CERTIFICATION AND CONTINUOUS IMPROVEMENT OF ONESTOP CENTERS.— 

(1) IN GENERAL.—In order to be eligible to receive infrastructure funding described in subsection (h), the State board, 

in consultation with chief elected officials and local boards, 

shall establish objective criteria and procedures for use by 

local boards in assessing at least once every 3 years the 

effectiveness, physical and programmatic accessibility in accordance with section 188, if applicable, and the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and continuous improvement of one-stop centers and the one-stop delivery 

system, consistent with the requirements of section 101(d)(6). 

(2) CRITERIA.—The criteria and procedures developed under 

this subsection shall include standards relating to service 

coordination achieved by the one-stop delivery system with 

respect to the programs administered by the one-stop partners 

at the one-stop centers. Such criteria and procedures shall— 

(A) be developed in a manner that is consistent with 

the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the 

chief elected officials and local boards, for such partners’ 

participation under subsections (h)(1) and (i); and 

(B) include such factors relating to the effectiveness, 

accessibility, and improvement of the one-stop delivery 

system as the State board determines to be appropriate, 

including at a minimum how well the one-stop center— 

(i) supports the achievement of the negotiated local 

levels of performance for the indicators of performance 

described in section 116(b)(2) for the local area; 

(ii) integrates available services; and 

(iii) meets the workforce development and employment needs of local employers and participants. 

(3) LOCAL CRITERIA.—Consistent with the criteria developed 

under paragraph (1) by the State, a local board in the State 

may develop additional criteria (or higher levels of service 

coordination than required for the State-developed criteria) 

relating to service coordination achieved by the one-stop 

Consultation. 

Consultation. 

Criteria. 

Procedures. 

Assessment. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1488 PUBLIC LAW 113–128—JULY 22, 2014 

delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and 

demographic, conditions and trends in the local area. 

(4) EFFECT OF CERTIFICATION.—One-stop centers certified 

under this subsection shall be eligible to receive the infrastructure funding described in subsection (h). 

(5) REVIEW AND UPDATE.—The criteria and procedures 

established under this subsection shall be reviewed and updated 

by the State board or the local board, as the case may be, 

as part of the biennial process for review and modification 

of State and local plans described in sections 102(c)(2) and 

108(a). 

(h) FUNDING OF ONE-STOP INFRASTRUCTURE.— (1) IN GENERAL.— (A) OPTIONS FOR INFRASTRUCTURE FUNDING.— (i) LOCAL OPTIONS.—The local board, chief elected 

officials, and one-stop partners described in subsection 

(b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through— 

(I) methods agreed on by the local board, chief 

elected officials, and one-stop partners (and 

described in the memorandum of understanding 

described in subsection (c)); or 

(II) if no consensus agreement on methods 

is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2). 

(ii) FAILURE TO REACH CONSENSUS AGREEMENT ON

FUNDING METHODS.—Beginning July 1, 2016, if the 

local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail 

to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop 

centers for a program year, the State infrastructure 

funding mechanism described in paragraph (2) shall 

be applicable to such local area for that program year 

and for each subsequent program year for which those 

entities and individuals fail to reach such agreement. 

(B) GUIDANCE FOR INFRASTRUCTURE FUNDING.—In 

addition to carrying out the requirements relating to the 

State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief 

elected officials, local boards, and the State board, and 

consistent with the guidance and policies provided by the 

State board under subparagraphs (B) and (C)(i) of section 

101(d)(7), shall provide, for the use of local areas under 

subparagraph (A)(i)(I)— 

(i) guidelines for State-administered one-stop 

partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such 

programs’ proportionate use of such system consistent 

with chapter II of title 2, Code of Federal Regulations 

(or any corresponding similar regulation or ruling), 

including determining funding for the costs of infrastructure, which contributions shall be negotiated 

pursuant to the memorandum of understanding under 

subsection (c); and 

Consultation. 

Effective date. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1489 

(ii) guidance to assist local boards, chief elected 

officials, and one-stop partners in local areas in determining equitable and stable methods of funding the 

costs of infrastructure of one-stop centers in such areas. 

(2) STATE ONE-STOP INFRASTRUCTURE FUNDING.— (A) DEFINITION.—In this paragraph, the term ‘‘covered 

portion’’, used with respect to funding for a fiscal year 

for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal 

funds provided to a State (including local areas within 

the State) under the Federal law authorizing that program 

described in subsection (b)(1) for the fiscal year (taking 

into account the availability of funding for purposes related 

to infrastructure from philanthropic organizations, private 

entities, or other alternative financing options). 

(B) PARTNER CONTRIBUTIONS.—Subject to subparagraph (D), for local areas in a State that are not covered 

by paragraph (1)(A)(i)(I), the covered portions of funding 

for a fiscal year shall be provided to the Governor from 

the programs described in subsection (b)(1), to assist in 

paying the costs of infrastructure of one-stop centers in 

those local areas of the State not adequately funded under 

the option described in paragraph (1)(A)(i)(I). 

(C) DETERMINATION OF GOVERNOR.— 

(i) IN GENERAL.—Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief 

elected officials, local boards, and the State board, 

shall determine the portion of funds to be provided 

under subparagraph (B) by each one-stop partner from 

each program described in subparagraph (B). In 

making such determination for the purpose of determining funding contributions, for funding pursuant to 

clause (i)(II) or (ii) of paragraph (1)(A) by each partner, 

the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or 

ruling), taking into account the costs of administration 

of the one-stop delivery system for purposes not related 

to one-stop centers, for each partner. The Governor 

shall exclude from such determination of funds the 

amounts for proportionate use of one-stop centers 

attributable to the programs of one-stop partners for 

those local areas of the State where the costs of infrastructure of one-stop centers are funded under the 

option described in paragraph (1)(A)(i)(I). The Governor 

shall also take into account the statutory requirements 

for each partner program and the partner program’s 

ability to fulfill such requirements. 

(ii) SPECIAL RULE.—In a State in which the State 

constitution or a State statute places policymaking 

authority that is independent of the authority of the 

Governor in an entity or official with respect to the 

funds provided for adult education and literacy activities authorized under title II, postsecondary career and 

technical education activities authorized under the 

Carl D. Perkins Career and Technical Education Act 

Consultation. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1490 PUBLIC LAW 113–128—JULY 22, 2014 

of 2006 (20 U.S.C. 2301 et seq.), or vocational 

rehabilitation services offered under a provision covered by section 3(13)(D), the determination described 

in clause (i) with respect to the programs authorized 

under that title, Act, or provision shall be made by 

the chief officer of the entity, or the official, with such 

authority in consultation with the Governor. 

(D) LIMITATIONS.— 

(i) PROVISION FROM ADMINISTRATIVE FUNDS.— 

(I) IN GENERAL.—Subject to subclause (II), the 

funds provided under this paragraph by each onestop partner shall be provided only from funds 

available for the costs of administration under the 

program administered by such partner, and shall 

be subject to the program’s limitations with respect 

to the portion of funds under such program that 

may be used for administration. 

(II) EXCEPTIONS.—Nothing in this clause shall 

be construed to apply to the programs carried out 

under this title, or under title V of the Older 

Americans Act of 1965 (42 U.S.C. 3056 et seq.). 

(ii) CAP ON REQUIRED CONTRIBUTIONS.—For local 

areas in a State that are not covered by paragraph 

(1)(A)(i)(I), the following rules shall apply: 

(I) WIA FORMULA PROGRAMS AND EMPLOYMENT

SERVICE.—The portion of funds required to be 

contributed under this paragraph from a program 

authorized under chapter 2 or 3, or the WagnerPeyser Act (29 U.S.C. 49 et seq.) shall not exceed 

3 percent of the amount of Federal funds provided 

to carry out that program in the State for a fiscal 

year. 

(II) OTHER ONE-STOP PARTNERS.—The portion 

of funds required to be contributed under this 

paragraph from a program described in subsection 

(b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the 

amount of Federal funds provided to carry out 

that program in the State for a fiscal year. 

(III) VOCATIONAL REHABILITATION.—Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection 

(b)(1)(B)(iv) shall not be required to provide from 

that program, under this paragraph, a portion that 

exceeds— 

(aa) 0.75 percent of the amount of Federal 

funds provided to carry out such program in 

the State for the second full program year 

that begins after the date of enactment of 

this Act; 

(bb) 1.0 percent of the amount provided 

to carry out such program in the State for 

the third full program year that begins after 

such date; 

(cc) 1.25 percent of the amount provided 

to carry out such program in the State for 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1491 

the fourth full program year that begins after 

such date; and 

(dd) 1.5 percent of the amount provided 

to carry out such program in the State for 

the fifth and each succeeding full program 

year that begins after such date. 

(iii) FEDERAL DIRECT SPENDING PROGRAMS.—For 

local areas in a State that are not covered by paragraph 

(1)(A)(i)(I), an entity administering a program funded 

with direct spending as defined in section 250(c)(8) 

of the Balanced Budget and Emergency Deficit Control 

Act of 1985, as in effect on February 15, 2014 (2 

U.S.C. 900(c)(8)) shall not be required to provide, for 

purposes of this paragraph, an amount in excess of 

the amount determined under subparagraph (C)(i) to 

be equivalent to the cost of the proportionate use of 

the one-stop centers for the one-stop partner for such 

program in the State. 

(iv) NATIVE AMERICAN PROGRAMS.—One-stop partners for Native American programs established under 

section 166 shall not be subject to the provisions of 

this subsection (other than this clause) or subsection 

(i). For purposes of subsection (c)(2)(A)(ii)(II), the 

method for determining the appropriate portion of 

funds to be provided by such partners to pay for the 

costs of infrastructure of a one-stop center shall be 

determined as part of the development of the memorandum of understanding under subsection (c) for the 

one-stop center and shall be stated in the memorandum. 

(E) APPEAL BY ONE-STOP PARTNERS.—The Governor 

shall establish a process, described under section 

102(b)(2)(D)(i)(IV), for a one-stop partner administering a 

program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided 

under this paragraph. Such a determination may be 

appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the 

appeal in order to ensure the funds are distributed in 

a timely manner, consistent with the requirements of section 182(e). 

(3) ALLOCATION BY GOVERNOR.— 

(A) IN GENERAL.—From the funds provided under paragraph (1), the Governor shall allocate the funds to local 

areas described in subparagraph (B) in accordance with 

the formula established under subparagraph (B) for the 

purposes of assisting in paying the costs of infrastructure 

of one-stop centers. 

(B) ALLOCATION FORMULA.—The State board shall 

develop a formula to be used by the Governor to allocate 

the funds provided under paragraph (1) to local areas not 

funding costs of infrastructure under the option described 

in paragraph (1)(A)(i)(I). The formula shall be based on 

factors including the number of one-stop centers in a local 

area, the population served by such centers, the services 

provided by such centers, and other factors relating to 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1492 PUBLIC LAW 113–128—JULY 22, 2014 

the performance of such centers that the State board determines are appropriate. 

(4) COSTS OF INFRASTRUCTURE.—In this subsection, the 

term ‘‘costs of infrastructure’’, used with respect to a onestop center, means the nonpersonnel costs that are necessary 

for the general operation of the one-stop center, including the 

rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and 

assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including 

the center’s planning and outreach activities. 

(i) OTHER FUNDS.— 

(1) IN GENERAL.—Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery 

system involved, in addition to the funds provided to carry 

out subsection (h), a portion of funds made available under 

Federal law authorizing the programs described in subsection 

(b) and administered by one-stop partners, or the noncash 

resources available under such programs, shall be used to pay 

the additional costs relating to the operation of the one-stop 

delivery system that are not paid from the funds provided 

under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law 

involved. Such costs shall include the costs of the provision 

of career services described in section 134(c)(2) applicable to 

each program and may include common costs that are not 

paid from the funds provided under subsection (h). 

(2) SHARED SERVICES.—The costs described under paragraph (1) may include costs of services that are authorized 

for and may be commonly provided through the one-stop 

partner programs to any individual, such as initial intake, 

assessment of needs, appraisal of basic skills, identification 

of appropriate services to meet such needs, referrals to other 

one-stop partners, and other similar services. 

(3) DETERMINATION AND GUIDANCE.—The method for determining the appropriate portion of funds and noncash resources 

to be provided by the one-stop partner for each program under 

paragraph (1) for a one-stop center shall be determined as 

part of the development of the memorandum of understanding 

under subsection (c) for the one-stop center and shall be stated 

in the memorandum. The State board shall provide guidance 

to facilitate the determination, for purposes of the memorandum 

of understanding, of an appropriate allocation of the funds 

and noncash resources in local areas, consistent with the 

requirements of section 101(d)(6)(C). 

SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING 

SERVICES. 

(a) ELIGIBILITY.— 

(1) IN GENERAL.—Except as provided in subsection (h), 

the Governor, after consultation with the State board, shall 

establish criteria, information requirements, and procedures 

regarding the eligibility of providers of training services to 

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

of training services in local areas in the State. 

Consultation. 

Criteria. 

Requirements. 

Procedures. 

29 USC 3152. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1493 

(2) PROVIDERS.—Subject to the provisions of this section, 

to be eligible to receive those funds for the provision of training 

services, the provider shall be— 

(A) an institution of higher education that provides 

a program that leads to a recognized postsecondary credential; 

(B) an entity that carries out programs registered 

under the Act of August 16, 1937 (commonly known as 

the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 

663; 29 U.S.C. 50 et seq.); or 

(C) another public or private provider of a program 

of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title II if such activities 

are provided in combination with occupational skills 

training. 

(3) INCLUSION IN LIST OF ELIGIBLE PROVIDERS.—A provider 

described in subparagraph (A) or (C) of paragraph (2) shall 

comply with the criteria, information requirements, and procedures established under this section to be included on the 

list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be 

included and maintained on the list of eligible providers of 

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

the corresponding program of the provider remains registered 

as described in paragraph (2)(B). 

(b) CRITERIA AND INFORMATION REQUIREMENTS.— 

(1) STATE CRITERIA.—In establishing criteria pursuant to 

subsection (a), the Governor shall take into account each of 

the following: 

(A) The performance of providers of training services 

with respect to— 

(i) the performance accountability measures and 

other matters for which information is required under 

paragraph (2); and 

(ii) other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle 

(taking into consideration the characteristics of the 

population served and relevant economic conditions), 

and the outcomes of the program through which those 

training services were provided for students in general 

with respect to employment and earnings as defined 

under section 116(b)(2). 

(B) The need to ensure access to training services 

throughout the State, including in rural areas, and through 

the use of technology. 

(C) Information reported to State agencies with respect 

to Federal and State programs involving training services 

(other than the program carried out under this subtitle), 

including one-stop partner programs. 

(D) The degree to which the training programs of such 

providers relate to in-demand industry sectors and occupations in the State. 

(E) The requirements for State licensing of providers 

of training services, and the licensing status of providers 

of training services if applicable. 

Compliance. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1494 PUBLIC LAW 113–128—JULY 22, 2014 

(F) Ways in which the criteria can encourage, to the 

extent practicable, the providers to use industry-recognized 

certificates or certifications. 

(G) The ability of the providers to offer programs that 

lead to recognized postsecondary credentials. 

(H) The quality of a program of training services, 

including a program of training services that leads to a 

recognized postsecondary credential. 

(I) The ability of the providers to provide training 

services to individuals who are employed and individuals 

with barriers to employment. 

(J) Such other factors as the Governor determines are 

appropriate to ensure— 

(i) the accountability of the providers; 

(ii) that the one-stop centers in the State will 

ensure that such providers meet the needs of local 

employers and participants; 

(iii) the informed choice of participants among 

training services providers; and 

(iv) that the collection of information required to 

demonstrate compliance with the criteria is not unduly 

burdensome or costly to providers. 

(2) STATE INFORMATION REQUIREMENTS.—The information 

requirements established by the Governor shall require that 

a provider of training services submit appropriate, accurate, 

and timely information to the State, to enable the State to 

carry out subsection (d), with respect to participants receiving 

training services under this subtitle in the applicable program, 

including— 

(A) information on the performance of the provider 

with respect to the performance accountability measures 

described in section 116 for such participants (taking into 

consideration the characteristics of the population served 

and relevant economic conditions), and information specifying the percentage of such participants who entered 

unsubsidized employment in an occupation related to the 

program, to the extent practicable; 

(B) information on recognized postsecondary credentials received by such participants; 

(C) information on cost of attendance, including costs 

of tuition and fees, for participants in the program; 

(D) information on the program completion rate for 

such participants; and 

(E) information on the criteria described in paragraph 

(1). 

(3) LOCAL CRITERIA AND INFORMATION REQUIREMENTS.— 

A local board in the State may establish criteria and information requirements in addition to the criteria and information 

requirements established by the Governor, or may require 

higher levels of performance than required for the criteria 

established by the Governor, for purposes of determining the 

eligibility of providers of training services to receive funds 

described in subsection (a) for the provision of training services 

in the local area involved. 

(4) CRITERIA AND INFORMATION REQUIREMENTS TO ESTABLISH INITIAL ELIGIBILITY.— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1495 

(A) PURPOSE.—The purpose of this paragraph is to 

enable the providers of programs carried out under chapter 

3 to offer the highest quality training services and be 

responsive to in-demand and emerging industries by providing training services for those industries. 

(B) INITIAL ELIGIBILITY.—Providers may seek initial 

eligibility under this paragraph as providers of training 

services and may receive that initial eligibility for only 

1 fiscal year for a particular program. The criteria and 

information requirements established by the Governor 

under this paragraph shall require that a provider who 

has not previously been an eligible provider of training 

services under this section (or section 122 of the Workforce 

Investment Act of 1998, as in effect on the day before 

the date of enactment of this Act) provide the information 

described in subparagraph (C). 

(C) INFORMATION.—The provider shall provide 

verifiable program-specific performance information based 

on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve 

participants under this subtitle. 

(D) CRITERIA.—The criteria described in subparagraph 

(C) shall include at least— 

(i) a factor related to indicators described in section 

116; 

(ii) a factor concerning whether the provider is 

in a partnership with business; 

(iii) other factors that indicate high-quality 

training services, including the factor described in 

paragraph (1)(H); and 

(iv) a factor concerning alignment of the training 

services with in-demand industry sectors and occupations, to the extent practicable. 

(E) PROVISION.—The provider shall provide the 

information described in subparagraph (C) to the Governor 

and the local board in a manner that will permit the 

Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers 

described in subsection (d). 

(F) LIMITATION.—A provider that receives initial eligibility under this paragraph for a program shall be subject 

to the requirements under subsection (c) for that program 

after such initial eligibility expires. 

(c) PROCEDURES.— 

(1) APPLICATION PROCEDURES.—The procedures established 

under subsection (a) shall identify the application process for 

a provider of training services to become eligible to receive 

funds provided under section 133(b) for the provision of training 

services. The procedures shall identify the respective roles of 

the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based 

on the criteria, information, and procedures established under 

this section. The procedures shall also establish a process for 

a provider of training services to appeal a denial or termination 

of eligibility under this section that includes an opportunity 

for a hearing and prescribes appropriate time limits to ensure 

prompt resolution of the appeal. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1496 PUBLIC LAW 113–128—JULY 22, 2014 

(2) RENEWAL PROCEDURES.—The procedures established by 

the Governor shall also provide for biennial review and renewal 

of eligibility under this section for providers of training services. 

(d) LIST AND INFORMATION TO ASSIST PARTICIPANTS IN

CHOOSING PROVIDERS.— 

(1) IN GENERAL.—In order to facilitate and assist participants in choosing employment and training activities and in 

choosing providers of training services, the Governor shall 

ensure that an appropriate list of providers determined to be 

eligible under this section to offer a program in the State 

(and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered 

by the provider and other appropriate information, is prepared. 

The list shall be provided to the local boards in the State, 

and made available to such participants and to members of 

the public through the one-stop delivery system in the State. 

(2) ACCOMPANYING INFORMATION.—The accompanying 

information shall— 

(A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local 

areas served, as applicable, in accordance with subsection 

(b); 

(B) with respect to providers described in subsection 

(b)(4), consist of information provided by such providers 

in accordance with subsection (b)(4); and 

(C) such other information as the Governor determines 

to be appropriate. 

(3) AVAILABILITY.—The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in 

the State, in a manner that does not reveal personally identifiable information about an individual participant. 

(4) LIMITATION.—In carrying out the requirements of this 

subsection, no personally identifiable information regarding a 

student, including a Social Security number, student identification number, or other identifier, may be disclosed without the 

prior written consent of the parent or student in compliance 

with section 444 of the General Education Provisions Act (20 

U.S.C. 1232g). 

(e) OPPORTUNITY TO SUBMIT COMMENTS.—In establishing, 

under this section, criteria, information requirements, procedures, 

and the list of eligible providers described in subsection (d), the 

Governor shall provide an opportunity for interested members of 

the public to make recommendations and submit comments 

regarding such criteria, information requirements, procedures, and 

list. 

(f) ENFORCEMENT.— 

(1) IN GENERAL.—The procedures established under this 

section shall provide the following: 

(A) INTENTIONALLY SUPPLYING INACCURATE INFORMATION.—Upon a determination, by an individual or entity 

specified in the procedures, that a provider of training 

services, or individual providing information on behalf of 

the provider, violated this section (or section 122 of the 

Workforce Investment Act of 1998, as in effect on the 

Determination. 

Termination. 

Time period. 

Recommendations. 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1497 

day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under 

chapter 3 shall be terminated for a period of time that 

is not less than 2 years. 

(B) SUBSTANTIAL VIOLATIONS.—Upon a determination, 

by an individual or entity specified in the procedures, that 

a provider of training services substantially violated any 

requirement under this title (or title I of the Workforce 

Investment Act of 1998, as in effect on the day before 

such date of enactment), the eligibility of such provider 

to receive funds under chapter 3 for the program involved 

shall be terminated for a period of not less than 2 years. 

(C) REPAYMENT.—A provider of training services whose 

eligibility is terminated under subparagraph (A) or (B) 

shall be liable for the repayment of funds received under 

chapter 5 of subtitle B of title I of the Workforce Investment 

Act of 1998, as in effect on the day before such date 

of enactment, or chapter 3 of this subtitle during a period 

of violation described in such subparagraph. 

(2) CONSTRUCTION.—Paragraph (1) shall be construed to 

provide remedies and penalties that supplement, but shall not 

supplant, civil and criminal remedies and penalties specified 

in other provisions of law. 

(g) AGREEMENTS WITH OTHER STATES.—States may enter into 

agreements, on a reciprocal basis, to permit eligible providers of 

training services to accept individual training accounts provided 

in another State. 

(h) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, INCUMBENT

WORKER TRAINING, AND OTHER TRAINING EXCEPTIONS.— 

(1) IN GENERAL.—Providers of on-the-job training, customized training, incumbent worker training, internships, and 

paid or unpaid work experience opportunities, or transitional 

employment shall not be subject to the requirements of subsections (a) through (f). 

(2) COLLECTION AND DISSEMINATION OF INFORMATION.—A 

one-stop operator in a local area shall collect such performance 

information from providers of on-the-job training, customized 

training, incumbent worker training, internships, paid or 

unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information 

to determine whether the providers meet such performance 

criteria as the Governor may require. The one-stop operator 

shall disseminate information identifying such providers that 

meet the criteria as eligible providers, and the performance 

information, through the one-stop delivery system. Providers 

determined to meet the criteria shall be considered to be identified as eligible providers of training services. 

(i) TRANSITION PERIOD FOR IMPLEMENTATION.—The Governor 

and local boards shall implement the requirements of this section 

not later than 12 months after the date of enactment of this Act. 

In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers 

eligible to provide training services under chapter 5 of subtitle 

B of title I of the Workforce Investment Act of 1998, as such 

chapter was in effect on the day before the date of enactment 

of this Act, may continue to be eligible to provide such services 

Deadline. 

Termination 

date. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1498 PUBLIC LAW 113–128—JULY 22, 2014 

until December 31, 2015, or until such earlier date as the Governor 

determines to be appropriate. 

SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT 

ACTIVITIES. 

(a) IN GENERAL.—From the funds allocated under section 128(b) 

to a local area, the local board for such area shall award grants 

or contracts on a competitive basis to providers of youth workforce 

investment activities identified based on the criteria in the State 

plan (including such quality criteria as the Governor shall establish 

for a training program that leads to a recognized postsecondary 

credential), and taking into consideration the ability of the providers 

to meet performance accountability measures based on primary 

indicators of performance for the youth program as described in 

section 116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V), 

and shall conduct oversight with respect to such providers. 

(b) EXCEPTIONS.—A local board may award grants or contracts 

on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment 

activities in the local area involved (such as a rural area) for 

grants and contracts to be awarded on a competitive basis under 

subsection (a). 

CHAPTER 2—YOUTH WORKFORCE INVESTMENT 

ACTIVITIES 

SEC. 126. GENERAL AUTHORIZATION. 

The Secretary shall make an allotment under section 

127(b)(1)(C) to each State that meets the requirements of section 

102 or 103 and a grant under section 127(b)(1)(B) to each outlying 

area that complies with the requirements of this title, to assist 

the State or outlying area, and to enable the State or outlying 

area to assist local areas, for the purpose of providing workforce 

investment activities for eligible youth in the State or outlying 

area and in the local areas. 

SEC. 127. STATE ALLOTMENTS. 

(a) IN GENERAL.—The Secretary shall— 

(1) for each fiscal year for which the amount appropriated under section 136(a) exceeds $925,000,000, reserve 4 percent 

of the excess amount to provide youth workforce investment 

activities under section 167 (relating to migrant and seasonal 

farmworkers); and 

(2) use the remainder of the amount appropriated under 

section 136(a) for a fiscal year to make allotments and grants 

in accordance with subsection (b). 

(b) ALLOTMENT AMONG STATES.— (1) YOUTH WORKFORCE INVESTMENT ACTIVITIES.— (A) NATIVE AMERICANS.—From the amount appropriated under section 136(a) for a fiscal year that is not 

reserved under subsection (a)(1), the Secretary shall reserve 

not more than 11⁄2 percent of such amount to provide 

youth workforce investment activities under section 166 

(relating to Native Americans). 

(B) OUTLYING AREAS.— (i) IN GENERAL.—From the amount appropriated 

under section 136(a) for each fiscal year that is not 

reserved under subsection (a)(1) and subparagraph (A), 

29 USC 3162. 

Grants. 

29 USC 3161. 

Determination. 

Grants. 

Contracts. 

29 USC 3153. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1499 

the Secretary shall reserve not more than 1⁄4 of 1 

percent of such amount to provide assistance to the 

outlying areas to carry out youth workforce investment 

activities and statewide workforce investment activities. 

(ii) LIMITATION FOR OUTLYING AREAS.— (I) COMPETITIVE GRANTS.—The Secretary shall 

use funds reserved under clause (i) to award grants 

to outlying areas to carry out youth workforce 

investment activities and statewide workforce 

investment activities. 

(II) AWARD BASIS.—The Secretary shall award 

grants pursuant to subclause (I) on a competitive 

basis and pursuant to the recommendations of 

experts in the field of employment and training, 

working through the Pacific Region Educational 

Laboratory in Honolulu, Hawaii. 

(III) ADMINISTRATIVE COSTS.—The Secretary 

may provide not more than 5 percent of the funds 

made available for grants under subclause (I) to 

pay the administrative costs of the Pacific Region 

Educational Laboratory in Honolulu, Hawaii, 

regarding activities assisted under this clause. 

(iii) ADDITIONAL REQUIREMENT.—The provisions of 

section 501 of Public Law 95–134 (48 U.S.C. 1469a), 

permitting the consolidation of grants by the outlying 

areas, shall not apply to assistance provided to those 

areas, including Palau, under this subparagraph. 

(C) STATES.— 

(i) IN GENERAL.—From the remainder of the 

amount appropriated under section 136(a) for a fiscal 

year that exists after the Secretary determines the 

amounts to be reserved under subsection (a)(1) and 

subparagraphs (A) and (B), the Secretary shall make 

allotments to the States in accordance with clause 

(ii) for youth workforce investment activities and statewide workforce investment activities. 

(ii) FORMULA.—Subject to clauses (iii) and (iv), of 

the remainder— 

(I) 331⁄3 percent shall be allotted on the basis 

of the relative number of unemployed individuals 

in areas of substantial unemployment in each 

State, compared to the total number of unemployed 

individuals in areas of substantial unemployment 

in all States; 

(II) 331⁄3 percent shall be allotted on the basis 

of the relative excess number of unemployed 

individuals in each State, compared to the total 

excess number of unemployed individuals in all 

States; and 

(III) 331⁄3 percent shall be allotted on the basis 

of the relative number of disadvantaged youth in 

each State, compared to the total number of disadvantaged youth in all States, except as described 

in clause (iii). 

(iii) CALCULATION.—In determining an allotment 

under clause (ii)(III) for any State in which there is 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1500 PUBLIC LAW 113–128—JULY 22, 2014 

an area that was designated as a local area as 

described in section 107(c)(1)(C), the allotment shall 

be based on the higher of— 

(I) the number of individuals who are age 

16 through 21 in families with an income below 

the low-income level in such area; or 

(II) the number of disadvantaged youth in such 

area. 

(iv) MINIMUM AND MAXIMUM PERCENTAGES AND

MINIMUM ALLOTMENTS.—In making allotments under 

this subparagraph, the Secretary shall ensure the following: 

(I) MINIMUM PERCENTAGE AND ALLOTMENT.— Subject to subclause (IV), the Secretary shall 

ensure that no State shall receive an allotment 

for a fiscal year that is less than the greater of— 

(aa) an amount based on 90 percent of 

the allotment percentage of the State for the 

preceding fiscal year; or 

(bb) 100 percent of the allotments of the 

State under section 127(b)(1)(C) of the 

Workforce Investment Act of 1998 (as in effect 

on the day before the date of enactment of 

this Act) for fiscal year 2014. 

(II) SMALL STATE MINIMUM ALLOTMENT.—Subject to subclauses (I), (III), and (IV), the Secretary 

shall ensure that no State shall receive an allotment under this subparagraph that is less than 

the total of— 

(aa) 3⁄10 of 1 percent of $1,000,000,000 

of the remainder described in clause (i) for 

the fiscal year; and 

(bb) if the remainder described in clause 

(i) for the fiscal year exceeds $1,000,000,000, 

2⁄5 of 1 percent of the excess. 

(III) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State 

shall receive an allotment percentage for a fiscal 

year that is more than 130 percent of the allotment 

percentage of the State for the preceding fiscal 

year. 

(IV) MINIMUM FUNDING.—In any fiscal year 

in which the remainder described in clause (i) 

does not exceed $1,000,000,000, the minimum 

allotments under subclauses (I) and (II) shall be 

calculated by the methodology specified in section 

127(b)(1)(C)(iv)(IV) of the Workforce Investment 

Act of 1998 (as in effect on the day before the 

date of enactment of this Act). 

(2) DEFINITIONS.—For the purpose of the formula specified 

in paragraph (1)(C): 

(A) ALLOTMENT PERCENTAGE.—The term ‘‘allotment 

percentage’’, used with respect to fiscal year 2015 or a 

subsequent fiscal year, means a percentage of the 

remainder described in paragraph (1)(C)(i) that is received 

through an allotment made under paragraph (1)(C) for 

the fiscal year. The term, used with respect to fiscal year 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1501 

2014, means the percentage of the amount allotted to States 

under section 127(b)(1)(C) of the Workforce Investment Act 

of 1998 (as in effect on the day before the date of enactment 

of this Act) that is received under such section by the 

State involved for fiscal year 2014. 

(B) AREA OF SUBSTANTIAL UNEMPLOYMENT.—The term 

‘‘area of substantial unemployment’’ means any area that 

is of sufficient size and scope to sustain a program of 

workforce investment activities carried out under this subtitle and that has an average rate of unemployment of 

at least 6.5 percent for the most recent 12 months, as 

determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year. 

(C) DISADVANTAGED YOUTH.—Subject to paragraph (3), 

the term ‘‘disadvantaged youth’’ means an individual who 

is age 16 through 21 who received an income, or is a 

member of a family that received a total family income, 

that, in relation to family size, does not exceed the higher 

of— 

(i) the poverty line; or 

(ii) 70 percent of the lower living standard income 

level. 

(D) EXCESS NUMBER.—The term ‘‘excess number’’ 

means, used with respect to the excess number of 

unemployed individuals within a State, the higher of— 

(i) the number that represents the number of 

unemployed individuals in excess of 4.5 percent of the 

civilian labor force in the State; or 

(ii) the number that represents the number of 

unemployed individuals in excess of 4.5 percent of the 

civilian labor force in areas of substantial unemployment in such State. 

(E) LOW-INCOME LEVEL.—The term ‘‘low-income level’’ 

means $7,000 with respect to income in 1969, and for 

any later year means that amount that bears the same 

relationship to $7,000 as the Consumer Price Index for 

that year bears to the Consumer Price Index for 1969, 

rounded to the nearest $1,000. 

(3) SPECIAL RULE.—For the purpose of the formula specified 

in paragraph (1)(C), the Secretary shall, as appropriate and 

to the extent practicable, exclude college students and members 

of the Armed Forces from the determination of the number 

of disadvantaged youth. 

(c) REALLOTMENT.— 

(1) IN GENERAL.—The Secretary shall, in accordance with 

this subsection, reallot to eligible States amounts that are 

made available to States from allotments made under this 

section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities 

and statewide workforce investment activities (referred to 

individually in this subsection as a ‘‘State allotment’’) and 

that are available for reallotment. 

(2) AMOUNT.—The amount available for reallotment for 

a program year is equal to the amount by which the unobligated 

balance of the State allotment, at the end of the program 

year prior to the program year for which the determination 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1502 PUBLIC LAW 113–128—JULY 22, 2014 

under this paragraph is made, exceeds 20 percent of such 

allotment for the prior program year. 

(3) REALLOTMENT.—In making reallotments to eligible 

States of amounts available pursuant to paragraph (2) for a 

program year, the Secretary shall allot to each eligible State 

an amount based on the relative amount of the State allotment 

for the program year for which the determination is made, 

as compared to the total amount of the State allotments for 

all eligible States for such program year. 

(4) ELIGIBILITY.—For purposes of this subsection, an 

eligible State means a State that does not have an amount 

available for reallotment under paragraph (2) for the program 

year for which the determination under paragraph (2) is made. 

(5) PROCEDURES.—The Governor shall prescribe uniform 

procedures for the obligation of funds by local areas within 

the State in order to avoid the requirement that funds be 

made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making 

funds available from the State and local areas in the event 

that a State is required to make funds available for reallotment 

under this subsection. 

SEC. 128. WITHIN STATE ALLOCATIONS. 

(a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 

(1) IN GENERAL.—The Governor shall reserve not more 

than 15 percent of each of the amounts allotted to the State 

under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) 

of section 132(b) for a fiscal year for statewide workforce investment activities. 

(2) USE OF FUNDS.—Regardless of whether the reserved 

amounts were allotted under section 127(b)(1)(C), or under 

paragraph (1)(B) or (2)(B) of section 132(b), the Governor may 

use the reserved amounts to carry out statewide activities 

under section 129(b) or statewide employment and training 

activities, for adults or dislocated workers, under section 134(a). 

(b) WITHIN STATE ALLOCATIONS.— 

(1) METHODS.—The Governor, acting in accordance with 

the State plan, and after consulting with chief elected officials 

and local boards in the local areas, shall allocate the funds 

that are allotted to the State for youth activities and statewide 

workforce investment activities under section 127(b)(1)(C) and 

are not reserved under subsection (a), in accordance with paragraph (2) or (3). 

(2) FORMULA ALLOCATION.— 

(A) YOUTH ACTIVITIES.— 

(i) ALLOCATION.—In allocating the funds described 

in paragraph (1) to local areas, a State may allocate— 

(I) 331⁄3 percent of the funds on the basis 

described in section 127(b)(1)(C)(ii)(I); 

(II) 331⁄3 percent of the funds on the basis 

described in section 127(b)(1)(C)(ii)(II); and 

(III) 331⁄3 percent of the funds on the basis 

described in clauses (ii)(III) and (iii) of section 

127(b)(1)(C). 

(ii) MINIMUM PERCENTAGE.—The local area shall 

not receive an allocation percentage for a fiscal year 

that is less than 90 percent of the average allocation 

Consulting. 

29 USC 3163. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1503 

percentage of the local area for the 2 preceding fiscal 

years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this 

subparagraph. 

(iii) DEFINITION.—In this subparagraph, the term 

‘‘allocation percentage’’, used with respect to fiscal year 

2015 or a subsequent fiscal year, means a percentage 

of the funds referred to in clause (i), received through 

an allocation made under this subparagraph, for the 

fiscal year. The term, used with respect to fiscal year 

2013 or 2014, means a percentage of the funds referred 

to in section 128(b)(1) of the Workforce Investment 

Act of 1998 (as in effect on the day before the date 

of enactment of this Act), received through an allocation made under paragraph (2) or (3) of section 128(b) 

of the Workforce Investment Act of 1998 (as so in 

effect), for the fiscal year 2013 or 2014, respectively. 

(B) APPLICATION.—For purposes of carrying out 

subparagraph (A)— 

(i) references in section 127(b) to a State shall 

be deemed to be references to a local area; 

(ii) references in section 127(b) to all States shall 

be deemed to be references to all local areas in the 

State involved; and 

(iii) except as described in clause (i), references 

in section 127(b)(1) to the term ‘‘excess number’’ shall 

be considered to be references to the term as defined 

in section 127(b)(2). 

(3) YOUTH DISCRETIONARY ALLOCATION.—In lieu of making 

the allocation described in paragraph (2), in allocating the 

funds described in paragraph (1) to local areas, a State may 

distribute— 

(A) a portion equal to not less than 70 percent of 

the funds in accordance with paragraph (2)(A); and 

(B) the remaining portion of the funds on the basis 

of a formula that— 

(i) incorporates additional factors (other than the 

factors described in paragraph (2)(A)) relating to— 

(I) excess youth poverty in urban, rural, and 

suburban local areas; and 

(II) excess unemployment above the State 

average in urban, rural, and suburban local areas; 

and 

(ii) was developed by the State board and approved 

by the Secretary as part of the State plan. 

(4) LOCAL ADMINISTRATIVE COST LIMIT.— 

(A) IN GENERAL.—Of the amount allocated to a local 

area under this subsection and section 133(b) for a fiscal 

year, not more than 10 percent of the amount may be 

used by the local board involved for the administrative 

costs of carrying out local workforce investment activities 

under this chapter or chapter 3. 

(B) USE OF FUNDS.—Funds made available for administrative costs under subparagraph (A) may be used for the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1504 PUBLIC LAW 113–128—JULY 22, 2014 

administrative costs of any of the local workforce investment activities described in this chapter or chapter 3, 

regardless of whether the funds were allocated under this 

subsection or section 133(b). 

(c) REALLOCATION AMONG LOCAL AREAS.— (1) IN GENERAL.—The Governor may, in accordance with 

this subsection and after consultation with the State board, 

reallocate to eligible local areas within the State amounts that 

are made available to local areas from allocations made under 

this section or a corresponding provision of the Workforce 

Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a ‘‘local 

allocation’’) and that are available for reallocation. 

(2) AMOUNT.—The amount available for reallocation for 

a program year is equal to the amount by which the unobligated 

balance of the local allocation, at the end of the program year 

prior to the program year for which the determination under 

this paragraph is made, exceeds 20 percent of such allocation 

for the prior program year. 

(3) REALLOCATION.—In making reallocations to eligible local 

areas of amounts available pursuant to paragraph (2) for a 

program year, the Governor shall allocate to each eligible local 

area within the State an amount based on the relative amount 

of the local allocation for the program year for which the 

determination is made, as compared to the total amount of 

the local allocations for all eligible local areas in the State 

for such program year. 

(4) ELIGIBILITY.—For purposes of this subsection, an 

eligible local area means a local area that does not have an 

amount available for reallocation under paragraph (2) for the 

program year for which the determination under paragraph 

(2) is made. 

SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT 

ACTIVITIES. 

(a) YOUTH PARTICIPANT ELIGIBILITY.— 

(1) ELIGIBILITY.— 

(A) IN GENERAL.—To be eligible to participate in activities carried out under this chapter during any program 

year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school 

youth. 

(B) OUT-OF-SCHOOL YOUTH.—In this title, the term 

‘‘out-of-school youth’’ means an individual who is— 

(i) not attending any school (as defined under State 

law); 

(ii) not younger than age 16 or older than age 

24; and 

(iii) one or more of the following: 

(I) A school dropout. 

(II) A youth who is within the age of compulsory school attendance, but has not attended school 

for at least the most recent complete school year 

calendar quarter. 

(III) A recipient of a secondary school diploma 

or its recognized equivalent who is a low-income 

individual and is— 

Definitions. 

29 USC 3164. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1505 

(aa) basic skills deficient; or 

(bb) an English language learner. 

(IV) An individual who is subject to the juvenile or adult justice system. 

(V) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act 

of 1994 (42 U.S.C. 14043e–2(6))), a homeless child 

or youth (as defined in section 725(2) of the 

McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434a(2))), a runaway, in foster care or 

has aged out of the foster care system, a child 

eligible for assistance under section 477 of the 

Social Security Act (42 U.S.C. 677), or in an outof-home placement. 

(VI) An individual who is pregnant or parenting. 

(VII) A youth who is an individual with a 

disability. 

(VIII) A low-income individual who requires 

additional assistance to enter or complete an educational program or to secure or hold employment. 

(C) IN-SCHOOL YOUTH.—In this section, the term ‘‘inschool youth’’ means an individual who is— 

(i) attending school (as defined by State law); 

(ii) not younger than age 14 or (unless an individual with a disability who is attending school under 

State law) older than age 21; 

(iii) a low-income individual; and 

(iv) one or more of the following: 

(I) Basic skills deficient. 

(II) An English language learner. 

(III) An offender. 

(IV) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act 

of 1994 (42 U.S.C. 14043e–2(6))), a homeless child 

or youth (as defined in section 725(2) of the 

McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434a(2))), a runaway, in foster care or 

has aged out of the foster care system, a child 

eligible for assistance under section 477 of the 

Social Security Act (42 U.S.C. 677), or in an outof-home placement. 

(V) Pregnant or parenting. 

(VI) A youth who is an individual with a disability. 

(VII) An individual who requires additional 

assistance to complete an educational program or 

to secure or hold employment. 

(2) SPECIAL RULE.—For the purpose of this subsection, the 

term ‘‘low-income’’, used with respect to an individual, also 

includes a youth living in a high-poverty area. 

(3) EXCEPTION AND LIMITATION.— 

(A) EXCEPTION FOR PERSONS WHO ARE NOT LOW-INCOME

INDIVIDUALS.— 

(i) DEFINITION.—In this subparagraph, the term 

‘‘covered individual’’ means an in-school youth, or an 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1506 PUBLIC LAW 113–128—JULY 22, 2014 

out-of-school youth who is described in subclause (III) 

or (VIII) of paragraph (1)(B)(iii). 

(ii) EXCEPTION.—In each local area, not more than 

5 percent of the individuals assisted under this section 

may be persons who would be covered individuals, 

except that the persons are not low-income individuals. 

(B) LIMITATION.—In each local area, not more than 

5 percent of the in-school youth assisted under this section 

may be eligible under paragraph (1) because the youth 

are in-school youth described in paragraph (1)(C)(iv)(VII). 

(4) OUT-OF-SCHOOL PRIORITY.— (A) IN GENERAL.—For any program year, not less than 

75 percent of the funds allotted under section 127(b)(1)(C), 

reserved under section 128(a), and available for statewide 

activities under subsection (b), and not less than 75 percent 

of funds available to local areas under subsection (c), shall 

be used to provide youth workforce investment activities 

for out-of-school youth. 

(B) EXCEPTION.—A State that receives a minimum 

allotment under section 127(b)(1) in accordance with section 

127(b)(1)(C)(iv) or under section 132(b)(1) in accordance 

with section 132(b)(1)(B)(iv) may decrease the percentage 

described in subparagraph (A) to not less than 50 percent 

for a local area in the State, if— 

(i) after an analysis of the in-school youth and 

out-of-school youth populations in the local area, the 

State determines that the local area will be unable 

to use at least 75 percent of the funds available for 

activities under subsection (c) to serve out-of-school 

youth due to a low number of out-of-school youth; 

and 

(ii)(I) the State submits to the Secretary, for the 

local area, a request including a proposed percentage 

decreased to not less than 50 percent for purposes 

of subparagraph (A), and a summary of the analysis 

described in clause (i); and 

(II) the request is approved by the Secretary. 

(5) CONSISTENCY WITH COMPULSORY SCHOOL ATTENDANCE

LAWS.—In providing assistance under this section to an individual who is required to attend school under applicable State 

compulsory school attendance laws, the priority in providing 

such assistance shall be for the individual to attend school 

regularly. 

(b) STATEWIDE ACTIVITIES.— 

(1) REQUIRED STATEWIDE YOUTH ACTIVITIES.—Funds 

reserved by a Governor as described in sections 128(a) and 

133(a)(1) shall be used, regardless of whether the funds were 

allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities, 

which shall include— 

(A) conducting evaluations under section 116(e) of 

activities authorized under this chapter and chapter 3 in 

coordination with evaluations carried out by the Secretary 

under section 169(a); 

(B) disseminating a list of eligible providers of youth 

workforce investment activities, as determined under section 123; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1507 

(C) providing assistance to local areas as described 

in subsections (b)(6) and (c)(2) of section 106, for local 

coordination of activities carried out under this title; 

(D) operating a fiscal and management accountability 

information system under section 116(i); 

(E) carrying out monitoring and oversight of activities 

carried out under this chapter and chapter 3, which may 

include a review comparing the services provided to male 

and female youth; and 

(F) providing additional assistance to local areas that 

have high concentrations of eligible youth. 

(2) ALLOWABLE STATEWIDE YOUTH ACTIVITIES.—Funds 

reserved by a Governor as described in sections 128(a) and 

133(a)(1) may be used, regardless of whether the funds were 

allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for statewide activities, 

which may include— 

(A) conducting— 

(i) research related to meeting the education and 

employment needs of eligible youth; and 

(ii) demonstration projects related to meeting the 

education and employment needs of eligible youth; 

(B) supporting the development of alternative, evidence-based programs and other activities that enhance 

the choices available to eligible youth and encourage such 

youth to reenter and complete secondary education, enroll 

in postsecondary education and advanced training, progress 

through a career pathway, and enter into unsubsidized 

employment that leads to economic self-sufficiency; 

(C) supporting the provision of career services 

described in section 134(c)(2) in the one-stop delivery 

system in the State; 

(D) supporting financial literacy, including— 

(i) supporting the ability of participants to create 

household budgets, initiate savings plans, and make 

informed financial decisions about education, retirement, home ownership, wealth building, or other 

savings goals; 

(ii) supporting the ability to manage spending, 

credit, and debt, including credit card debt, effectively; 

(iii) increasing awareness of the availability and 

significance of credit reports and credit scores in 

obtaining credit, including determining their accuracy 

(and how to correct inaccuracies in the reports and 

scores), and their effect on credit terms; 

(iv) supporting the ability to understand, evaluate, 

and compare financial products, services, and 

opportunities; and 

(v) supporting activities that address the particular 

financial literacy needs of non-English speakers, 

including providing the support through the development and distribution of multilingual financial literacy 

and education materials; and 

(E) providing technical assistance to, as appropriate, 

local boards, chief elected officials, one-stop operators, onestop partners, and eligible providers, in local areas, which 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1508 PUBLIC LAW 113–128—JULY 22, 2014 

provision of technical assistance shall include the development and training of staff, the development of exemplary 

program activities, the provision of technical assistance 

to local areas that fail to meet local performance accountability measures described in section 116(c), and the provision of technology to facilitate remote access to services 

provided through the one-stop delivery system in the State. 

(3) LIMITATION.—Not more than 5 percent of the funds 

allotted to a State under section 127(b)(1)(C) shall be used 

by the State for administrative activities carried out under 

this subsection or section 134(a). 

(c) LOCAL ELEMENTS AND REQUIREMENTS.— 

(1) PROGRAM DESIGN.—Funds allocated to a local area for 

eligible youth under section 128(b) shall be used to carry out, 

for eligible youth, programs that— 

(A) provide an objective assessment of the academic 

levels, skill levels, and service needs of each participant, 

which assessment shall include a review of basic skills, 

occupational skills, prior work experience, employability, 

interests, aptitudes (including interests and aptitudes for 

nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is 

not required if the provider carrying out such a program 

determines it is appropriate to use a recent assessment 

of the participant conducted pursuant to another education 

or training program; 

(B) develop service strategies for each participant that 

are directly linked to 1 or more of the indicators of performance described in section 116(b)(2)(A)(ii), and that shall 

identify career pathways that include education and 

employment goals (including, in appropriate circumstances, 

nontraditional employment), appropriate achievement 

objectives, and appropriate services for the participant 

taking into account the assessment conducted pursuant 

to subparagraph (A), except that a new service strategy 

for a participant is not required if the provider carrying 

out such a program determines it is appropriate to use 

a recent service strategy developed for the participant 

under another education or training program; 

(C) provide— 

(i) activities leading to the attainment of a secondary school diploma or its recognized equivalent, 

or a recognized postsecondary credential; 

(ii) preparation for postsecondary educational and 

training opportunities; 

(iii) strong linkages between academic instruction 

(based on State academic content and student academic 

achievement standards established under section 1111 

of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311)) and occupational education that 

lead to the attainment of recognized postsecondary 

credentials; 

(iv) preparation for unsubsidized employment 

opportunities, in appropriate cases; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1509 

(v) effective connections to employers, including 

small employers, in in-demand industry sectors and 

occupations of the local and regional labor markets; 

and 

(D) at the discretion of the local board, implement 

a pay-for-performance contract strategy for elements 

described in paragraph (2), for which the local board may 

reserve and use not more than 10 percent of the total 

funds allocated to the local area under section 128(b). 

(2) PROGRAM ELEMENTS.—In order to support the attainment of a secondary school diploma or its recognized equivalent, 

entry into postsecondary education, and career readiness for 

participants, the programs described in paragraph (1) shall 

provide elements consisting of— 

(A) tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies 

that lead to completion of the requirements for a secondary 

school diploma or its recognized equivalent (including a 

recognized certificate of attendance or similar document 

for individuals with disabilities) or for a recognized postsecondary credential; 

(B) alternative secondary school services, or dropout 

recovery services, as appropriate; 

(C) paid and unpaid work experiences that have as 

a component academic and occupational education, which 

may include— 

(i) summer employment opportunities and other 

employment opportunities available throughout the 

school year; 

(ii) pre-apprenticeship programs; 

(iii) internships and job shadowing; and 

(iv) on-the-job training opportunities; 

(D) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with indemand industry sectors or occupations in the local area 

involved, if the local board determines that the programs 

meet the quality criteria described in section 123; 

(E) education offered concurrently with and in the 

same context as workforce preparation activities and 

training for a specific occupation or occupational cluster; 

(F) leadership development opportunities, which may 

include community service and peer-centered activities 

encouraging responsibility and other positive social and 

civic behaviors, as appropriate; 

(G) supportive services; 

(H) adult mentoring for the period of participation 

and a subsequent period, for a total of not less than 12 

months; 

(I) followup services for not less than 12 months after 

the completion of participation, as appropriate; 

(J) comprehensive guidance and counseling, which may 

include drug and alcohol abuse counseling and referral, 

as appropriate; 

(K) financial literacy education; 

(L) entrepreneurial skills training; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1510 PUBLIC LAW 113–128—JULY 22, 2014 

(M) services that provide labor market and employment 

information about in-demand industry sectors or occupations available in the local area, such as career awareness, 

career counseling, and career exploration services; and 

(N) activities that help youth prepare for and transition 

to postsecondary education and training. 

(3) ADDITIONAL REQUIREMENTS.— (A) INFORMATION AND REFERRALS.—Each local board 

shall ensure that each participant shall be provided— 

(i) information on the full array of applicable or 

appropriate services that are available through the 

local board or other eligible providers or one-stop partners, including those providers or partners receiving 

funds under this subtitle; and 

(ii) referral to appropriate training and educational 

programs that have the capacity to serve the participant either on a sequential or concurrent basis. 

(B) APPLICANTS NOT MEETING ENROLLMENT REQUIREMENTS.—Each eligible provider of a program of youth 

workforce investment activities shall ensure that an eligible 

applicant who does not meet the enrollment requirements 

of the particular program or who cannot be served shall 

be referred for further assessment, as necessary, and 

referred to appropriate programs in accordance with 

subparagraph (A) to meet the basic skills and training 

needs of the applicant. 

(C) INVOLVEMENT IN DESIGN AND IMPLEMENTATION.— 

The local board shall ensure that parents, participants, 

and other members of the community with experience 

relating to programs for youth are involved in the design 

and implementation of the programs described in paragraph (1). 

(4) PRIORITY.—Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall 

be used to provide in-school youth and out-of-school youth with 

activities under paragraph (2)(C). 

(5) RULE OF CONSTRUCTION.—Nothing in this chapter shall 

be construed to require that each of the elements described 

in subparagraphs of paragraph (2) be offered by each provider 

of youth services. 

(6) PROHIBITIONS.— 

(A) PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION.—No provision of this Act shall be construed to 

authorize any department, agency, officer, or employee of 

the United States to exercise any direction, supervision, 

or control over the curriculum, program of instruction, 

administration, or personnel of any educational institution, 

school, or school system, or over the selection of library 

resources, textbooks, or other printed or published instructional materials by any educational institution, school, or 

school system. 

(B) NONINTERFERENCE AND NONREPLACEMENT OF REGULAR ACADEMIC REQUIREMENTS.—No funds described in 

paragraph (1) shall be used to provide an activity for 

eligible youth who are not school dropouts if participation 

in the activity would interfere with or replace the regular 

academic requirements of the youth. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1511 

(7) LINKAGES.—In coordinating the programs authorized 

under this section, local boards shall establish linkages with 

local educational agencies responsible for services to participants as appropriate. 

(8) VOLUNTEERS.—The local board shall make opportunities 

available for individuals who have successfully participated 

in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and 

other activities. 

CHAPTER 3—ADULT AND DISLOCATED WORKER 

EMPLOYMENT AND TRAINING ACTIVITIES 

SEC. 131. GENERAL AUTHORIZATION. 

The Secretary shall make allotments under paragraphs (1)(B) 

and (2)(B) of section 132(b) to each State that meets the requirements of section 102 or 103 and grants under paragraphs (1)(A) 

and (2)(A) of section 132(b) to each outlying area that complies 

with the requirements of this title, to assist the State or outlying 

area, and to enable the State or outlying area to assist local areas, 

for the purpose of providing workforce investment activities for 

adults, and dislocated workers, in the State or outlying area and 

in the local areas. 

SEC. 132. STATE ALLOTMENTS. 

(a) IN GENERAL.—The Secretary shall— 

(1) make allotments and grants from the amount appropriated under section 136(b) for a fiscal year in accordance 

with subsection (b)(1); and 

(2)(A) reserve 20 percent of the amount appropriated under 

section 136(c) for the fiscal year for use under subsection 

(b)(2)(A), and under sections 168(b) (relating to dislocated 

worker technical assistance), 169(c) (relating to dislocated 

worker projects), and 170 (relating to national dislocated worker 

grants); and 

(B) make allotments from 80 percent of the amount appropriated under section 136(c) for the fiscal year in accordance 

with subsection (b)(2)(B). 

(b) ALLOTMENT AMONG STATES.— 

(1) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.— 

(A) RESERVATION FOR OUTLYING AREAS.— 

(i) IN GENERAL.—From the amount made available 

under subsection (a)(1) for a fiscal year, the Secretary 

shall reserve not more than 1⁄4 of 1 percent of such 

amount to provide assistance to the outlying areas. 

(ii) APPLICABILITY OF ADDITIONAL REQUIREMENTS.—From the amount reserved under clause (i), 

the Secretary shall provide assistance to the outlying 

areas for adult employment and training activities and 

statewide workforce investment activities in accordance 

with the requirements of section 127(b)(1)(B). 

(B) STATES.— 

(i) IN GENERAL.—After determining the amount 

to be reserved under subparagraph (A), the Secretary 

shall allot the remainder of the amount made available 

under subsection (a)(1) for that fiscal year to the States 

pursuant to clause (ii) for adult employment and 

Determination. 

Grants. 

29 USC 3172. 

29 USC 3171. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1512 PUBLIC LAW 113–128—JULY 22, 2014 

training activities and statewide workforce investment 

activities. 

(ii) FORMULA.—Subject to clauses (iii) and (iv), of 

the remainder— 

(I) 331⁄3 percent shall be allotted on the basis 

of the relative number of unemployed individuals 

in areas of substantial unemployment in each 

State, compared to the total number of unemployed 

individuals in areas of substantial unemployment 

in all States; 

(II) 331⁄3 percent shall be allotted on the basis 

of the relative excess number of unemployed 

individuals in each State, compared to the total 

excess number of unemployed individuals in all 

States; and 

(III) 331⁄3 percent shall be allotted on the basis 

of the relative number of disadvantaged adults 

in each State, compared to the total number of 

disadvantaged adults in all States, except as 

described in clause (iii). 

(iii) CALCULATION.—In determining an allotment 

under clause (ii)(III) for any State in which there is 

an area that was designated as a local area as 

described in section 107(c)(1)(C), the allotment shall 

be based on the higher of— 

(I) the number of adults in families with an 

income below the low-income level in such area; 

or 

(II) the number of disadvantaged adults in 

such area. 

(iv) MINIMUM AND MAXIMUM PERCENTAGES AND

MINIMUM ALLOTMENTS.—In making allotments under 

this subparagraph, the Secretary shall ensure the following: 

(I) MINIMUM PERCENTAGE AND ALLOTMENT.— Subject to subclause (IV), the Secretary shall 

ensure that no State shall receive an allotment 

for a fiscal year that is an amount based on 90 

percent of the allotment percentage of the State 

for the preceding fiscal year. 

(II) SMALL STATE MINIMUM ALLOTMENT.—Subject to subclauses (I), (III), and (IV), the Secretary 

shall ensure that no State shall receive an allotment under this subparagraph that is less than 

the total of— 

(aa) 3⁄10 of 1 percent of $960,000,000 of 

the remainder described in clause (i) for the 

fiscal year; and 

(bb) if the remainder described in clause 

(i) for the fiscal year exceeds $960,000,000, 

2⁄5 of 1 percent of the excess. 

(III) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State 

shall receive an allotment percentage for a fiscal 

year that is more than 130 percent of the allotment 

percentage of the State for the preceding fiscal 

year. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1513 

(IV) MINIMUM FUNDING.—In any fiscal year 

in which the remainder described in clause (i) 

does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 

132(b)(1)(B)(iv)(IV) of the Workforce Investment 

Act of 1998 (as in effect on the day before the 

date of enactment of this Act). 

(v) DEFINITIONS.—For the purpose of the formula 

specified in this subparagraph: 

(I) ADULT.—The term ‘‘adult’’ means an individual who is not less than age 22 and not more 

than age 72. 

(II) ALLOTMENT PERCENTAGE.—The term 

‘‘allotment percentage’’, used with respect to fiscal 

year 2015 or a subsequent fiscal year, means a 

percentage of the remainder described in clause 

(i) that is received through an allotment made 

under this subparagraph for the fiscal year. The 

term, used with respect to fiscal year 2014, means 

the percentage of the amount allotted to States 

under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before 

the date of enactment of this Act) that is received 

under such section by the State involved for fiscal 

year 2014. 

(III) AREA OF SUBSTANTIAL UNEMPLOYMENT.— 

The term ‘‘area of substantial unemployment’’ 

means any area that is of sufficient size and scope 

to sustain a program of workforce investment 

activities carried out under this subtitle and that 

has an average rate of unemployment of at least 

6.5 percent for the most recent 12 months, as 

determined by the Secretary. For purposes of this 

subclause, determinations of areas of substantial 

unemployment shall be made once each fiscal year. 

(IV) DISADVANTAGED ADULT.—Subject to subclause (V), the term ‘‘disadvantaged adult’’ means 

an adult who received an income, or is a member 

of a family that received a total family income, 

that, in relation to family size, does not exceed 

the higher of— 

(aa) the poverty line; or 

(bb) 70 percent of the lower living 

standard income level. 

(V) DISADVANTAGED ADULT SPECIAL RULE.— 

The Secretary shall, as appropriate and to the 

extent practicable, exclude college students and 

members of the Armed Forces from the determination of the number of disadvantaged adults. 

(VI) EXCESS NUMBER.—The term ‘‘excess 

number’’ means, used with respect to the excess 

number of unemployed individuals within a State, 

the higher of— 

(aa) the number that represents the 

number of unemployed individuals in excess 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1514 PUBLIC LAW 113–128—JULY 22, 2014 

of 4.5 percent of the civilian labor force in 

the State; or 

(bb) the number that represents the 

number of unemployed individuals in excess 

of 4.5 percent of the civilian labor force in 

areas of substantial unemployment in such 

State. 

(VII) LOW-INCOME LEVEL.—The term ‘‘lowincome level’’ means $7,000 with respect to income 

in 1969, and for any later year means that amount 

that bears the same relationship to $7,000 as the 

Consumer Price Index for that year bears to the 

Consumer Price Index for 1969, rounded to the 

nearest $1,000. 

(2) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.— 

(A) RESERVATION FOR OUTLYING AREAS.— 

(i) IN GENERAL.—From the amount made available 

under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1⁄4 of 1 percent 

of the amount appropriated under section 136(c) for 

the fiscal year to provide assistance to the outlying 

areas. 

(ii) APPLICABILITY OF ADDITIONAL REQUIREMENTS.—From the amount reserved under clause (i), 

the Secretary shall provide assistance to the outlying 

areas for dislocated worker employment and training 

activities and statewide workforce investment activities 

in accordance with the requirements of section 

127(b)(1)(B). 

(B) STATES.— 

(i) IN GENERAL.—The Secretary shall allot the 

amount referred to in subsection (a)(2)(B) for a fiscal 

year to the States pursuant to clause (ii) for dislocated 

worker employment and training activities and statewide workforce investment activities. 

(ii) FORMULA.—Subject to clause (iii), of the 

amount— 

(I) 331⁄3 percent shall be allotted on the basis 

of the relative number of unemployed individuals 

in each State, compared to the total number of 

unemployed individuals in all States; 

(II) 331⁄3 percent shall be allotted on the basis 

of the relative excess number of unemployed 

individuals in each State, compared to the total 

excess number of unemployed individuals in all 

States; and 

(III) 331⁄3 percent shall be allotted on the basis 

of the relative number of individuals in each State 

who have been unemployed for 15 weeks or more, 

compared to the total number of individuals in 

all States who have been unemployed for 15 weeks 

or more. 

(iii) MINIMUM AND MAXIMUM PERCENTAGES AND

MINIMUM ALLOTMENTS.—In making allotments under 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1515 

this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following: 

(I) MINIMUM PERCENTAGE AND ALLOTMENT.— 

The Secretary shall ensure that no State shall 

receive an allotment for a fiscal year that is an 

amount based on 90 percent of the allotment 

percentage of the State for the preceding fiscal 

year. 

(II) MAXIMUM PERCENTAGE.—Subject to subclause (I), the Secretary shall ensure that no State 

shall receive an allotment percentage for a fiscal 

year that is more than 130 percent of the allotment 

percentage of the State for the preceding fiscal 

year. 

(iv) DEFINITIONS.—For the purpose of the formula 

specified in this subparagraph: 

(I) ALLOTMENT PERCENTAGE.—The term ‘‘allotment percentage’’, used with respect to fiscal year 

2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that 

is received through an allotment made under this 

subparagraph for the fiscal year. 

(II) EXCESS NUMBER.—The term ‘‘excess 

number’’ means, used with respect to the excess 

number of unemployed individuals within a State, 

the number that represents the number of 

unemployed individuals in excess of 4.5 percent 

of the civilian labor force in the State. 

(c) REALLOTMENT.— 

(1) IN GENERAL.—The Secretary shall, in accordance with 

this subsection, reallot to eligible States amounts that are 

made available to States from allotments made under this 

section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and 

statewide workforce investment activities (referred to individually in this subsection as a ‘‘State allotment’’) and that are 

available for reallotment. 

(2) AMOUNT.—The amount available for reallotment for 

a program year for programs funded under subsection (b)(1)(B) 

(relating to adult employment and training) or for programs 

funded under subsection (b)(2)(B) (relating to dislocated worker 

employment and training) is equal to the amount by which 

the unobligated balance of the State allotments for adult 

employment and training activities or dislocated worker 

employment and training activities, respectively, at the end 

of the program year prior to the program year for which the 

determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year. 

(3) REALLOTMENT.—In making reallotments to eligible 

States of amounts available pursuant to paragraph (2) for a 

program year, the Secretary shall allot to each eligible State 

an amount based on the relative amount of the State allotment 

under paragraph (1)(B) or (2)(B), respectively, of subsection 

(b) for the program year for which the determination is made, 

as compared to the total amount of the State allotments under 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1516 PUBLIC LAW 113–128—JULY 22, 2014 

paragraph (1)(B) or (2)(B), respectively, of subsection (b) for 

all eligible States for such program year. 

(4) ELIGIBILITY.—For purposes of this subsection, an 

eligible State means— 

(A) with respect to funds allotted through a State 

allotment for adult employment and training activities, 

a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program 

year for which the determination under paragraph (2) is 

made; and 

(B) with respect to funds allotted through a State 

allotment for dislocated worker employment and training 

activities, a State that does not have an amount of such 

funds available for reallotment under paragraph (2) for 

the program year for which the determination under paragraph (2) is made. 

(5) PROCEDURES.—The Governor shall prescribe uniform 

procedures for the obligation of funds by local areas within 

the State in order to avoid the requirement that funds be 

made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making 

funds available from the State and local areas in the event 

that a State is required to make funds available for reallotment 

under this subsection. 

SEC. 133. WITHIN STATE ALLOCATIONS. 

(a) RESERVATIONS FOR STATE ACTIVITIES.— 

(1) STATEWIDE WORKFORCE INVESTMENT ACTIVITIES.—The 

Governor shall make the reservation required under section 

128(a). 

(2) STATEWIDE RAPID RESPONSE ACTIVITIES.—The Governor 

shall reserve not more than 25 percent of the total amount 

allotted to the State under section 132(b)(2)(B) for a fiscal 

year for statewide rapid response activities described in section 

134(a)(2)(A). 

(b) WITHIN STATE ALLOCATION.— 

(1) METHODS.—The Governor, acting in accordance with 

the State plan, and after consulting with chief elected officials 

and local boards in the local areas, shall allocate— 

(A) the funds that are allotted to the State for adult 

employment and training activities and statewide 

workforce investment activities under section 132(b)(1)(B) 

and are not reserved under subsection (a)(1), in accordance 

with paragraph (2) or (3); and 

(B) the funds that are allotted to the State for dislocated worker employment and training activities and 

statewide workforce investment activities under section 

132(b)(2)(B) and are not reserved under paragraph (1) or 

(2) of subsection (a), in accordance with paragraph (2). 

(2) FORMULA ALLOCATIONS.— 

(A) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.— 

(i) ALLOCATION.—In allocating the funds described 

in paragraph (1)(A) to local areas, a State may allocate— 

(I) 331⁄3 percent of the funds on the basis 

described in section 132(b)(1)(B)(ii)(I); 

Consultation. 

29 USC 3173. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1517 

(II) 331⁄3 percent of the funds on the basis 

described in section 132(b)(1)(B)(ii)(II); and 

(III) 331⁄3 percent of the funds on the basis 

described in clauses (ii)(III) and (iii) of section 

132(b)(1)(B). 

(ii) MINIMUM PERCENTAGE.—The local area shall 

not receive an allocation percentage for a fiscal year 

that is less than 90 percent of the average allocation 

percentage of the local area for the 2 preceding fiscal 

years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this 

subparagraph. 

(iii) DEFINITION.—In this subparagraph, the term 

‘‘allocation percentage’’, used with respect to fiscal year 

2015 or a subsequent fiscal year, means a percentage 

of the funds referred to in clause (i), received through 

an allocation made under this subparagraph, for the 

fiscal year. The term, used with respect to fiscal year 

2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) 

of section 133(b) of the Workforce Investment Act of 

1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made 

under paragraph (2)(A) or (3) of that section for fiscal 

year 2013 or 2014, respectively. 

(B) DISLOCATED WORKER EMPLOYMENT AND TRAINING

ACTIVITIES.— 

(i) ALLOCATION.—In allocating the funds described 

in paragraph (1)(B) to local areas, a State shall allocate 

the funds based on an allocation formula prescribed 

by the Governor of the State. Such formula may be 

amended by the Governor not more than once for each 

program year. Such formula shall utilize the most 

appropriate information available to the Governor to 

distribute amounts to address the State’s worker 

readjustment assistance needs. 

(ii) INFORMATION.—The information described in 

clause (i) shall include insured unemployment data, 

unemployment concentrations, plant closing and mass 

layoff data, declining industries data, farmer-rancher 

economic hardship data, and long-term unemployment 

data. 

(iii) MINIMUM PERCENTAGE.—The local area shall 

not receive an allocation percentage for fiscal year 

2016 or a subsequent fiscal year that is less than 

90 percent of the average allocation percentage of the 

local area for the 2 preceding fiscal years. Amounts 

necessary for increasing such allocations to local areas 

to comply with the preceding sentence shall be obtained 

by ratably reducing the allocations to be made to other 

local areas under this subparagraph. 

(iv) DEFINITION.—In this subparagraph, the term 

‘‘allocation percentage’’, used with respect to fiscal year 

2015 or a subsequent fiscal year, means a percentage 

of the funds referred to in clause (i), received through 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1518 PUBLIC LAW 113–128—JULY 22, 2014 

an allocation made under this subparagraph for the 

fiscal year. The term, used with respect to fiscal year 

2014, means a percentage of the amount allocated to 

local areas under section 133(b)(2)(B) of the Workforce 

Investment Act of 1998 (as in effect on the day before 

the date of enactment of this Act), received through 

an allocation made under that section for fiscal year 

2014. 

(C) APPLICATION.—For purposes of carrying out 

subparagraph (A)— 

(i) references in section 132(b) to a State shall 

be deemed to be references to a local area; 

(ii) references in section 132(b) to all States shall 

be deemed to be references to all local areas in the 

State involved; and 

(iii) except as described in clause (i), references 

in section 132(b)(1) to the term ‘‘excess number’’ shall 

be considered to be references to the term as defined 

in section 132(b)(1). 

(3) ADULT EMPLOYMENT AND TRAINING DISCRETIONARY

ALLOCATIONS.—In lieu of making the allocation described in 

paragraph (2)(A), in allocating the funds described in paragraph 

(1)(A) to local areas, a State may distribute— 

(A) a portion equal to not less than 70 percent of 

the funds in accordance with paragraph (2)(A); and 

(B) the remaining portion of the funds on the basis 

of a formula that— 

(i) incorporates additional factors (other than the 

factors described in paragraph (2)(A)) relating to— 

(I) excess poverty in urban, rural, and suburban local areas; and 

(II) excess unemployment above the State 

average in urban, rural, and suburban local areas; 

and 

(ii) was developed by the State board and approved 

by the Secretary as part of the State plan. 

(4) TRANSFER AUTHORITY.—A local board may transfer, if 

such a transfer is approved by the Governor, up to and 

including 100 percent of the funds allocated to the local area 

under paragraph (2)(A) or (3), and up to and including 100 

percent of the funds allocated to the local area under paragraph 

(2)(B), for a fiscal year between— 

(A) adult employment and training activities; and 

(B) dislocated worker employment and training activities. 

(5) ALLOCATION.— 

(A) IN GENERAL.—The Governor shall allocate the funds 

described in paragraph (1) to local areas under paragraphs 

(2) and (3) for the purpose of providing a single system 

of employment and training activities for adults and dislocated workers in accordance with subsections (c) and 

(d) of section 134. 

(B) ADDITIONAL REQUIREMENTS.— 

(i) ADULTS.—Funds allocated under paragraph 

(2)(A) or (3) shall be used by a local area to contribute 

to the costs of the one-stop delivery system described 

in section 121(e) as determined under section 121(h) 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1519 

and to pay for employment and training activities provided to adults in the local area, consistent with section 

134. 

(ii) DISLOCATED WORKERS.—Funds allocated under 

paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system 

described in section 121(e) as determined under section 

121(h) and to pay for employment and training activities provided to dislocated workers in the local area, 

consistent with section 134. 

(c) REALLOCATION AMONG LOCAL AREAS.— 

(1) IN GENERAL.—The Governor may, in accordance with 

this subsection and after consultation with the State board, 

reallocate to eligible local areas within the State amounts that 

are made available to local areas from allocations made under 

paragraph (2)(A) or (3) of subsection (b) or a corresponding 

provision of the Workforce Investment Act of 1998 for adult 

employment and training activities, or under subsection 

(b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and 

training activities (referred to individually in this subsection 

as a ‘‘local allocation’’) and that are available for reallocation. 

(2) AMOUNT.—The amount available for reallocation for 

a program year— 

(A) for adult employment and training activities is 

equal to the amount by which the unobligated balance 

of the local allocation under paragraph (2)(A) or (3) of 

subsection (b) for such activities, at the end of the program 

year prior to the program year for which the determination 

under this subparagraph is made, exceeds 20 percent of 

such allocation for the prior program year; and 

(B) for dislocated worker employment and training 

activities is equal to the amount by which the unobligated 

balance of the local allocation under subsection (b)(2)(B) 

for such activities, at the end of the program year prior 

to the program year for which the determination under 

this subparagraph is made, exceeds 20 percent of such 

allocation for the prior program year. 

(3) REALLOCATION.—In making reallocations to eligible local 

areas of amounts available pursuant to paragraph (2) for a 

program year, the Governor shall allocate to each eligible local 

area within the State— 

(A) with respect to such available amounts that were 

allocated under paragraph (2)(A) or (3) of subsection (b), 

an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as 

appropriate, for the program year for which the determination is made, as compared to the total amount of the 

local allocations under paragraph (2)(A) or (3) of subsection 

(b), as appropriate, for all eligible local areas in the State 

for such program year; and 

(B) with respect to such available amounts that were 

allocated under subsection (b)(2)(B), an amount based on 

the relative amount of the local allocation under subsection 

(b)(2)(B) for the program year for which the determination 

is made, as compared to the total amount of the local 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1520 PUBLIC LAW 113–128—JULY 22, 2014 

allocations under subsection (b)(2)(B) for all eligible local 

areas in the State for such program year. 

(4) ELIGIBILITY.—For purposes of this subsection, an 

eligible local area means— 

(A) with respect to funds allocated through a local 

allocation for adult employment and training activities, 

a local area that does not have an amount of such funds 

available for reallocation under paragraph (2) for the program year for which the determination under paragraph 

(2) is made; and 

(B) with respect to funds allocated through a local 

allocation for dislocated worker employment and training 

activities, a local area that does not have an amount of 

such funds available for reallocation under paragraph (2) 

for the program year for which the determination under 

paragraph (2) is made. 

SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES. 

(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.— 

(1) IN GENERAL.—Funds reserved by a Governor— 

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

carry out the statewide rapid response activities described 

in paragraph (2)(A); and 

(B) as described in sections 128(a) and 133(a)(1)— 

(i) shall be used to carry out the statewide employment and training activities described in paragraph 

(2)(B); and 

(ii) may be used to carry out any of the statewide 

employment and training activities described in paragraph (3), 

regardless of whether the funds were allotted to the State 

under section 127(b)(1) or under paragraph (1) or (2) of 

section 132(b). 

(2) REQUIRED STATEWIDE EMPLOYMENT AND TRAINING

ACTIVITIES.— 

(A) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

(i) IN GENERAL.—A State shall carry out statewide 

rapid response activities using funds reserved by the 

Governor for the State under section 133(a)(2), which 

activities shall include— 

(I) provision of rapid response activities, carried out in local areas by the State or by an entity 

designated by the State, working in conjunction 

with the local boards and the chief elected officials 

for the local areas; and 

(II) provision of additional assistance to local 

areas that experience disasters, mass layoffs, or 

plant closings, or other events that precipitate 

substantial increases in the number of unemployed 

individuals, carried out in local areas by the State, 

working in conjunction with the local boards and 

the chief elected officials for the local areas. 

(ii) USE OF UNOBLIGATED FUNDS.—Funds reserved 

by a Governor under section 133(a)(2), and section 

133(a)(2) of the Workforce Investment Act of 1998 (as 

in effect on the day before the date of enactment of 

29 USC 3174. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1521 

this Act), to carry out this subparagraph that remain 

unobligated after the first program year for which such 

funds were allotted may be used by the Governor to 

carry out statewide activities authorized under 

subparagraph (B) or paragraph (3)(A), in addition to 

activities under this subparagraph. 

(B) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—Funds reserved by a Governor under sections 

128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) 

(regardless of whether the funds were allotted to the States 

under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) 

of section 132(b)) shall be used for statewide employment 

and training activities, including— 

(i) providing assistance to— 

(I) State entities and agencies, local areas, 

and one-stop partners in carrying out the activities 

described in the State plan, including the coordination and alignment of data systems used to carry 

out the requirements of this Act; 

(II) local areas for carrying out the regional 

planning and service delivery efforts required 

under section 106(c); 

(III) local areas by providing information on 

and support for the effective development, convening, and implementation of industry or sector 

partnerships; and 

(IV) local areas, one-stop operators, one-stop 

partners, and eligible providers, including the 

development and training of staff, which may 

include the development and training of staff to 

provide opportunities for individuals with barriers 

to employment to enter in-demand industry sectors 

or occupations and nontraditional occupations, the 

development of exemplary program activities, and 

the provision of technical assistance to local areas 

that fail to meet local performance accountability 

measures described in section 116(c); 

(ii) providing assistance to local areas as described 

in section 106(b)(6); 

(iii) operating a fiscal and management accountability information system in accordance with section 

116(i); 

(iv) carrying out monitoring and oversight of activities carried out under this chapter and chapter 2; 

(v) disseminating— 

(I) the State list of eligible providers of 

training services, including eligible providers of 

nontraditional training services and eligible providers of apprenticeship programs described in section 122(a)(2)(B); 

(II) information identifying eligible providers 

of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid 

work experience opportunities, or transitional jobs; 

(III) information on effective outreach to, partnerships with, and services for, business; 

List. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1522 PUBLIC LAW 113–128—JULY 22, 2014 

(IV) information on effective service delivery 

strategies to serve workers and job seekers; 

(V) performance information and information 

on the cost of attendance (including tuition and 

fees) for participants in applicable programs, as 

described in subsections (d) and (h) of section 122; 

and 

(VI) information on physical and programmatic accessibility, in accordance with section 

188, if applicable, and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), for 

individuals with disabilities; and 

(vi) conducting evaluations under section 116(e) 

of activities authorized under this chapter and chapter 

2 in coordination with evaluations carried out by the 

Secretary under section 169(a). 

(3) ALLOWABLE STATEWIDE EMPLOYMENT AND TRAINING

ACTIVITIES.— 

(A) IN GENERAL.—Funds reserved by a Governor under 

sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds 

were allotted to the State under section 127(b)(1)(C) or 

paragraph (1)(B) or (2)(B) of section 132(b)) may be used 

to carry out additional statewide employment and training 

activities, which may include— 

(i) implementing innovative programs and strategies designed to meet the needs of all employers 

(including small employers) in the State, which programs and strategies may include incumbent worker 

training programs, customized training, sectoral and 

industry cluster strategies and implementation of 

industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training 

and support programs, utilization of effective business 

intermediaries, layoff aversion strategies, activities to 

improve linkages between the one-stop delivery system 

in the State and all employers (including small 

employers) in the State, and other business services 

and strategies that better engage employers in 

workforce investment activities and make the 

workforce development system more relevant to the 

needs of State and local businesses, consistent with 

the objectives of this title; 

(ii) developing strategies for effectively serving 

individuals with barriers to employment and for coordinating programs and services among one-stop partners; 

(iii) the development or identification of education 

and training programs that respond to real-time labor 

market analysis, that utilize direct assessment and 

prior learning assessment to measure and provide 

credit for prior knowledge, skills, competencies, and 

experiences, that evaluate such skills and competencies 

for adaptability, that ensure credits are portable and 

stackable for more skilled employment, and that accelerate course or credential completion; 

Evaluations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1523 

(iv) implementing programs to increase the 

number of individuals training for and placed in nontraditional employment; 

(v) carrying out activities to facilitate remote 

access to services, including training services described 

in subsection (c)(3), provided through a one-stop 

delivery system, including facilitating access through 

the use of technology; 

(vi) supporting the provision of career services 

described in subsection (c)(2) in the one-stop delivery 

systems in the State; 

(vii) coordinating activities with the child welfare 

system to facilitate provision of services for children 

and youth who are eligible for assistance under section 

477 of the Social Security Act (42 U.S.C. 677); 

(viii) activities— 

(I) to improve coordination of workforce investment activities with economic development activities; 

(II) to improve coordination of employment 

and training activities with— 

(aa) child support services, and assistance 

provided by State and local agencies carrying 

out part D of title IV of the Social Security 

Act (42 U.S.C. 651 et seq.); 

(bb) cooperative extension programs carried out by the Department of Agriculture; 

(cc) programs carried out in local areas 

for individuals with disabilities, including programs carried out by State agencies relating 

to intellectual disabilities and developmental 

disabilities, activities carried out by Statewide 

Independent Living Councils established 

under section 705 of the Rehabilitation Act 

of 1973 (29 U.S.C. 796d), programs funded 

under part B of chapter 1 of title VII of such 

Act (29 U.S.C. 796e et seq.), and activities 

carried out by centers for independent living, 

as defined in section 702 of such Act (29 U.S.C. 

796a); 

(dd) adult education and literacy activities, including those provided by public 

libraries; 

(ee) activities in the corrections system 

that assist ex-offenders in reentering the 

workforce; and 

(ff) financial literacy activities including 

those described in section 129(b)(2)(D); and 

(III) consisting of development and dissemination of workforce and labor market information; 

(ix) conducting research and demonstration 

projects related to meeting the employment and education needs of adult and dislocated workers; 

(x) implementing promising services for workers 

and businesses, which may include providing support 

for education, training, skill upgrading, and statewide 

networking for employees to become workplace 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1524 PUBLIC LAW 113–128—JULY 22, 2014 

learning advisors and maintain proficiency in carrying 

out the activities associated with such advising; 

(xi) providing incentive grants to local areas for 

performance by the local areas on local performance 

accountability measures described in section 116(c); 

(xii) adopting, calculating, or commissioning for 

approval an economic self-sufficiency standard for the 

State that specifies the income needs of families, by 

family size, the number and ages of children in the 

family, and substate geographical considerations; 

(xiii) developing and disseminating common intake 

procedures and related items, including registration 

processes, materials, or software; and 

(xiv) providing technical assistance to local areas 

that are implementing pay-for-performance contract 

strategies, which technical assistance may include providing assistance with data collection, meeting data 

entry requirements, identifying levels of performance, 

and conducting evaluations of such strategies. 

(B) LIMITATION.— 

(i) IN GENERAL.—Of the funds allotted to a State 

under sections 127(b) and 132(b) and reserved as 

described in sections 128(a) and 133(a)(1) for a fiscal 

year— 

(I) not more than 5 percent of the amount 

allotted under section 127(b)(1); 

(II) not more than 5 percent of the amount 

allotted under section 132(b)(1); and 

(III) not more than 5 percent of the amount 

allotted under section 132(b)(2), 

may be used by the State for the administration of 

statewide youth workforce investment activities carried 

out under section 129 and statewide employment and 

training activities carried out under this section. 

(ii) USE OF FUNDS.—Funds made available for 

administrative costs under clause (i) may be used for 

the administrative cost of any of the statewide youth 

workforce investment activities or statewide employment and training activities, regardless of whether 

the funds were allotted to the State under section 

127(b)(1) or paragraph (1) or (2) of section 132(b). 

(b) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—Funds allocated to a local area for adults under paragraph (2)(A) or (3), 

as appropriate, of section 133(b), and funds allocated to a local 

area for dislocated workers under section 133(b)(2)(B)— 

(1) shall be used to carry out employment and training 

activities described in subsection (c) for adults or dislocated 

workers, respectively; and 

(2) may be used to carry out employment and training 

activities described in subsection (d) for adults or dislocated 

workers, respectively. 

(c) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.— 

(1) IN GENERAL.— 

(A) ALLOCATED FUNDS.—Funds allocated to a local area 

for adults under paragraph (2)(A) or (3), as appropriate, 

of section 133(b), and funds allocated to the local area 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1525 

for dislocated workers under section 133(b)(2)(B), shall be 

used— 

(i) to establish a one-stop delivery system described 

in section 121(e); 

(ii) to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph; 

(iii) to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph; 

(iv) to establish and develop relationships and networks with large and small employers and their intermediaries; and 

(v) to develop, convene, or implement industry or 

sector partnerships. 

(B) OTHER FUNDS.—Consistent with subsections (h) and 

(i) of section 121, a portion of the funds made available 

under Federal law authorizing the programs and activities 

described in section 121(b)(1)(B), including the WagnerPeyser Act (29 U.S.C. 49 et seq.), shall be used as described 

in clauses (i) and (ii) of subparagraph (A), to the extent 

not inconsistent with the Federal law involved. 

(2) CAREER SERVICES.— 

(A) SERVICES PROVIDED.—Funds described in paragraph (1) shall be used to provide career services, which 

shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and 

shall, at a minimum, include— 

(i) determinations of whether the individuals are 

eligible to receive assistance under this subtitle; 

(ii) outreach, intake (which may include worker 

profiling), and orientation to the information and other 

services available through the one-stop delivery 

system; 

(iii) initial assessment of skill levels (including 

literacy, numeracy, and English language proficiency), 

aptitudes, abilities (including skills gaps), and supportive service needs; 

(iv) labor exchange services, including— 

(I) job search and placement assistance and, 

in appropriate cases, career counseling, 

including— 

(aa) provision of information on in-demand 

industry sectors and occupations; and 

(bb) provision of information on nontraditional employment; and 

(II) appropriate recruitment and other business services on behalf of employers, including 

small employers, in the local area, which services 

may include services described in this subsection, 

such as providing information and referral to 

specialized business services not traditionally 

offered through the one-stop delivery system; 

(v) provision of referrals to and coordination of 

activities with other programs and services, including 

programs and services within the one-stop delivery 

Assessment. 

Determinations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1526 PUBLIC LAW 113–128—JULY 22, 2014 

system and, in appropriate cases, other workforce 

development programs; 

(vi) provision of workforce and labor market 

employment statistics information, including the provision of accurate information relating to local, regional, 

and national labor market areas, including— 

(I) job vacancy listings in such labor market 

areas; 

(II) information on job skills necessary to 

obtain the jobs described in subclause (I); and 

(III) information relating to local occupations 

in demand and the earnings, skill requirements, 

and opportunities for advancement for such 

occupations; and 

(vii) provision of performance information and program cost information on eligible providers of training 

services as described in section 122, provided by program, and eligible providers of youth workforce investment activities described in section 123, providers of 

adult education described in title II, providers of career 

and technical education activities at the postsecondary 

level, and career and technical education activities 

available to school dropouts, under the Carl D. Perkins 

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

2301 et seq.), and providers of vocational rehabilitation 

services described in title I of the Rehabilitation Act 

of 1973 (29 U.S.C. 720 et seq.); 

(viii) provision of information, in formats that are 

usable by and understandable to one-stop center customers, regarding how the local area is performing 

on the local performance accountability measures 

described in section 116(c) and any additional performance information with respect to the one-stop delivery 

system in the local area; 

(ix)(I) provision of information, in formats that 

are usable by and understandable to one-stop center 

customers, relating to the availability of supportive 

services or assistance, including child care, child support, medical or child health assistance under title 

XIX or XXI of the Social Security Act (42 U.S.C. 1396 

et seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under 

the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

et seq.), assistance through the earned income tax 

credit under section 32 of the Internal Revenue Code 

of 1986, and assistance under a State program for 

temporary assistance for needy families funded under 

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

601 et seq.) and other supportive services and transportation provided through funds made available under 

such part, available in the local area; and 

(II) referral to the services or assistance described 

in subclause (I), as appropriate; 

(x) provision of information and assistance 

regarding filing claims for unemployment compensation; 

Claims. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1527 

(xi) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act; 

(xii) services, if determined to be appropriate in 

order for an individual to obtain or retain employment, 

that consist of— 

(I) comprehensive and specialized assessments 

of the skill levels and service needs of adults and 

dislocated workers, which may include— 

(aa) diagnostic testing and use of other 

assessment tools; and 

(bb) in-depth interviewing and evaluation 

to identify employment barriers and appropriate employment goals; 

(II) development of an individual employment 

plan, to identify the employment goals, appropriate 

achievement objectives, and appropriate combination of services for the participant to achieve the 

employment goals, including providing information 

on eligible providers of training services pursuant 

to paragraph (3)(F)(ii), and career pathways to 

attain career objectives; 

(III) group counseling; 

(IV) individual counseling; 

(V) career planning; 

(VI) short-term prevocational services, 

including development of learning skills, communication skills, interviewing skills, punctuality, 

personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized 

employment or training; 

(VII) internships and work experiences that 

are linked to careers; 

(VIII) workforce preparation activities; 

(IX) financial literacy services, such as the 

activities described in section 129(b)(2)(D); 

(X) out-of-area job search assistance and 

relocation assistance; or 

(XI) English language acquisition and 

integrated education and training programs; and 

(xiii) followup services, including counseling 

regarding the workplace, for participants in workforce 

investment activities authorized under this subtitle 

who are placed in unsubsidized employment, for not 

less than 12 months after the first day of the employment, as appropriate. 

(B) USE OF PREVIOUS ASSESSMENTS.—A one-stop operator or one-stop partner shall not be required to conduct 

a new interview, evaluation, or assessment of a participant 

under subparagraph (A)(xii) if the one-stop operator or 

one-stop partner determines that it is appropriate to use 

a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training 

program. 

(C) DELIVERY OF SERVICES.—The career services 

described in subparagraph (A) shall be provided through 

the one-stop delivery system— 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1528 PUBLIC LAW 113–128—JULY 22, 2014 

(i) directly through one-stop operators identified 

pursuant to section 121(d); or 

(ii) through contracts with service providers, which 

may include contracts with public, private for-profit, 

and private nonprofit service providers, approved by 

the local board. 

(3) TRAINING SERVICES.— (A) IN GENERAL.— (i) ELIGIBILITY.—Except as provided in clause (ii), 

funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), 

and funds allocated to the local area for dislocated 

workers under section 133(b)(2)(B), shall be used to 

provide training services to adults and dislocated 

workers, respectively— 

(I) who, after an interview, evaluation, or 

assessment, and career planning, have been determined by a one-stop operator or one-stop partner, 

as appropriate, to— 

(aa) be unlikely or unable to obtain or 

retain employment, that leads to economic 

self-sufficiency or wages comparable to or 

higher than wages from previous employment, 

through the career services described in paragraph (2)(A)(xii); 

(bb) be in need of training services to 

obtain or retain employment that leads to economic self-sufficiency or wages comparable to 

or higher than wages from previous employment; and 

(cc) have the skills and qualifications to 

successfully participate in the selected program of training services; 

(II) who select programs of training services 

that are directly linked to the employment 

opportunities in the local area or the planning 

region, or in another area to which the adults 

or dislocated workers are willing to commute or 

relocate; 

(III) who meet the requirements of subparagraph (B); and 

(IV) who are determined to be eligible in 

accordance with the priority system in effect under 

subparagraph (E). 

(ii) USE OF PREVIOUS ASSESSMENTS.—A one-stop 

operator or one-stop partner shall not be required to 

conduct a new interview, evaluation, or assessment 

of a participant under clause (i) if the one-stop operator 

or one-stop partner determines that it is appropriate 

to use a recent interview, evaluation, or assessment 

of the participant conducted pursuant to another education or training program. 

(iii) RULE OF CONSTRUCTION.—Nothing in this 

subparagraph shall be construed to mean an individual 

is required to receive career services prior to receiving 

training services. 

(B) QUALIFICATION.— 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1529 

(i) REQUIREMENT.—Notwithstanding section 479B 

of the Higher Education Act of 1965 (20 U.S.C. 1087uu) 

and except as provided in clause (ii), provision of such 

training services shall be limited to individuals who— 

(I) are unable to obtain other grant assistance 

for such services, including Federal Pell Grants 

established under subpart 1 of part A of title IV 

of the Higher Education Act of 1965 (20 U.S.C. 

1070a et seq.); or 

(II) require assistance beyond the assistance 

made available under other grant assistance programs, including Federal Pell Grants. 

(ii) REIMBURSEMENTS.—Training services may be 

provided under this paragraph to an individual who 

otherwise meets the requirements of this paragraph 

while an application for a Federal Pell Grant is 

pending, except that if such individual is subsequently 

awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal 

Pell Grant. 

(iii) CONSIDERATION.—In determining whether an 

individual requires assistance under clause (i)(II), a 

one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of 

participating in training services, including the costs 

of dependent care and transportation, and other appropriate costs. 

(C) PROVIDER QUALIFICATION.—Training services shall 

be provided through providers identified in accordance with 

section 122. 

(D) TRAINING SERVICES.—Training services may 

include— 

(i) occupational skills training, including training 

for nontraditional employment; 

(ii) on-the-job training; 

(iii) incumbent worker training in accordance with 

subsection (d)(4); 

(iv) programs that combine workplace training 

with related instruction, which may include cooperative 

education programs; 

(v) training programs operated by the private 

sector; 

(vi) skill upgrading and retraining; 

(vii) entrepreneurial training; 

(viii) transitional jobs in accordance with subsection (d)(5); 

(ix) job readiness training provided in combination 

with services described in any of clauses (i) through 

(viii); 

(x) adult education and literacy activities, 

including activities of English language acquisition and 

integrated education and training programs, provided 

concurrently or in combination with services described 

in any of clauses (i) through (vii); and 

(xi) customized training conducted with a commitment by an employer or group of employers to employ 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1530 PUBLIC LAW 113–128—JULY 22, 2014 

an individual upon successful completion of the 

training. 

(E) PRIORITY.—With respect to funds allocated to a 

local area for adult employment and training activities 

under paragraph (2)(A) or (3) of section 133(b), priority 

shall be given to recipients of public assistance, other lowincome individuals, and individuals who are basic skills 

deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appropriate 

local board and the Governor shall direct the one-stop 

operators in the local area with regard to making determinations related to such priority. 

(F) CONSUMER CHOICE REQUIREMENTS.— 

(i) IN GENERAL.—Training services provided under 

this paragraph shall be provided in a manner that 

maximizes consumer choice in the selection of an 

eligible provider of such services. 

(ii) ELIGIBLE PROVIDERS.—Each local board, 

through one-stop centers, shall make available the list 

of eligible providers of training services described in 

section 122(d), and accompanying information, in 

accordance with section 122(d). 

(iii) INDIVIDUAL TRAINING ACCOUNTS.—An individual who seeks training services and who is eligible 

pursuant to subparagraph (A), may, in consultation 

with a career planner, select an eligible provider of 

training services from the list of providers described 

in clause (ii). Upon such selection, the one-stop operator 

involved shall, to the extent practicable, refer such 

individual to the eligible provider of training services, 

and arrange for payment for such services through 

an individual training account. 

(iv) COORDINATION.—Each local board may, 

through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or 

sources to assist the individual in obtaining training 

services. 

(v) ADDITIONAL INFORMATION.—Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors 

or occupations in the local area involved. 

(G) USE OF INDIVIDUAL TRAINING ACCOUNTS.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

training services provided under this paragraph shall 

be provided through the use of individual training 

accounts in accordance with this paragraph, and shall 

be provided to eligible individuals through the onestop delivery system. 

(ii) TRAINING CONTRACTS.—Training services 

authorized under this paragraph may be provided 

pursuant to a contract for services in lieu of an individual training account if— 

(I) the requirements of subparagraph (F) are 

met; 

Determinations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1531 

(II) such services are on-the-job training, customized training, incumbent worker training, or 

transitional employment; 

(III) the local board determines there are an 

insufficient number of eligible providers of training 

services in the local area involved (such as in 

a rural area) to accomplish the purposes of a 

system of individual training accounts; 

(IV) the local board determines that there is 

a training services program of demonstrated 

effectiveness offered in the local area by a community-based organization or another private 

organization to serve individuals with barriers to 

employment; 

(V) the local board determines that— 

(aa) it would be most appropriate to award 

a contract to an institution of higher education 

or other eligible provider of training services 

in order to facilitate the training of multiple 

individuals in in-demand industry sectors or 

occupations; and 

(bb) such contract does not limit customer 

choice; or 

(VI) the contract is a pay-for-performance contract. 

(iii) LINKAGE TO OCCUPATIONS IN DEMAND.— 

Training services provided under this paragraph shall 

be directly linked to an in-demand industry sector 

or occupation in the local area or the planning region, 

or in another area to which an adult or dislocated 

worker receiving such services is willing to relocate, 

except that a local board may approve training services 

for occupations determined by the local board to be 

in sectors of the economy that have a high potential 

for sustained demand or growth in the local area. 

(iv) RULE OF CONSTRUCTION.—Nothing in this 

paragraph shall be construed to preclude the combined 

use of individual training accounts and contracts in 

the provision of training services, including arrangements that allow individuals receiving individual 

training accounts to obtain training services that are 

contracted for under clause (ii). 

(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING.— 

(i) REIMBURSEMENT LEVEL.—For purposes of the 

provision of on-the-job training under this paragraph, 

the Governor or local board involved may increase 

the amount of the reimbursement described in section 

3(44) to an amount of up to 75 percent of the wage 

rate of a participant for a program carried out under 

chapter 2 or this chapter, if, respectively— 

(I) the Governor approves the increase with 

respect to a program carried out with funds 

reserved by the State under that chapter, taking 

into account the factors described in clause (ii); 

or 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1532 PUBLIC LAW 113–128—JULY 22, 2014 

(II) the local board approves the increase with 

respect to a program carried out with funds allocated to a local area under such chapter, taking 

into account those factors. 

(ii) FACTORS.—For purposes of clause (i), the Governor or local board, respectively, shall take into 

account factors consisting of— 

(I) the characteristics of the participants; 

(II) the size of the employer; 

(III) the quality of employer-provided training 

and advancement opportunities; and 

(IV) such other factors as the Governor or 

local board, respectively, may determine to be 

appropriate, which may include the number of 

employees participating in the training, wage and 

benefit levels of those employees (at present and 

anticipated upon completion of the training), and 

relation of the training to the competitiveness of 

a participant. 

(d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.— 

(1) IN GENERAL.— 

(A) ACTIVITIES.—Funds allocated to a local area for 

adults under paragraph (2)(A) or (3), as appropriate, of 

section 133(b), and funds allocated to the local area for 

dislocated workers under section 133(b)(2)(B), may be used 

to provide, through the one-stop delivery system involved 

(and through collaboration with the local board, for the 

purpose of the activities described in clauses (vii) and (ix))— 

(i) customized screening and referral of qualified 

participants in training services described in subsection 

(c)(3) to employers; 

(ii) customized employment-related services to 

employers, employer associations, or other such 

organizations on a fee-for-service basis; 

(iii) implementation of a pay-for-performance contract strategy for training services, for which the local 

board may reserve and use not more than 10 percent 

of the total funds allocated to the local area under 

paragraph (2) or (3) of section 133(b); 

(iv) customer support to enable individuals with 

barriers to employment (including individuals with 

disabilities) and veterans, to navigate among multiple 

services and activities for such populations; 

(v) technical assistance for one-stop operators, onestop partners, and eligible providers of training services, regarding the provision of services to individuals 

with disabilities in local areas, including the development and training of staff, the provision of outreach, 

intake, assessments, and service delivery, the coordination of services across providers and programs, and 

the development of performance accountability measures; 

(vi) employment and training activities provided 

in coordination with— 

(I) child support enforcement activities of the 

State and local agencies carrying out part D of 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1533 

title IV of the Social Security Act (42 U.S.C. 651 

et seq.); 

(II) child support services, and assistance, provided by State and local agencies carrying out 

part D of title IV of the Social Security Act (42 

U.S.C. 651 et seq.); 

(III) cooperative extension programs carried 

out by the Department of Agriculture; and 

(IV) activities to facilitate remote access to 

services provided through a one-stop delivery 

system, including facilitating access through the 

use of technology; 

(vii) activities— 

(I) to improve coordination between workforce 

investment activities and economic development 

activities carried out within the local area involved, 

and to promote entrepreneurial skills training and 

microenterprise services; 

(II) to improve services and linkages between 

the local workforce investment system (including 

the local one-stop delivery system) and employers, 

including small employers, in the local area, 

through services described in this section; and 

(III) to strengthen linkages between the onestop delivery system and unemployment insurance 

programs; 

(viii) training programs for displaced homemakers 

and for individuals training for nontraditional occupations, in conjunction with programs operated in the 

local area; 

(ix) activities to provide business services and 

strategies that meet the workforce investment needs 

of area employers, as determined by the local board, 

consistent with the local plan under section 108, which 

services— 

(I) may be provided through effective business 

intermediaries working in conjunction with the 

local board, and may also be provided on a feefor-service basis or through the leveraging of economic development, philanthropic, and other 

public and private resources in a manner determined appropriate by the local board; and 

(II) may include— 

(aa) developing and implementing 

industry sector strategies (including strategies 

involving industry partnerships, regional skills 

alliances, industry skill panels, and sectoral 

skills partnerships); 

(bb) developing and delivering innovative 

workforce investment services and strategies 

for area employers, which may include career 

pathways, skills upgrading, skill standard 

development and certification for recognized 

postsecondary credential or other employer 

use, apprenticeship, and other effective initiatives for meeting the workforce investment 

needs of area employers and workers; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1534 PUBLIC LAW 113–128—JULY 22, 2014 

(cc) assistance to area employers in managing reductions in force in coordination with 

rapid response activities provided under subsection (a)(2)(A) and with strategies for the 

aversion of layoffs, which strategies may 

include early identification of firms at risk 

of layoffs, use of feasibility studies to assess 

the needs of and options for at-risk firms, and 

the delivery of employment and training 

activities to address risk factors; and 

(dd) the marketing of business services 

offered under this title, to appropriate area 

employers, including small and mid-sized 

employers; 

(x) activities to adjust the economic self-sufficiency 

standards referred to in subsection (a)(3)(A)(xii) for 

local factors, or activities to adopt, calculate, or 

commission for approval, economic self-sufficiency 

standards for the local areas that specify the income 

needs of families, by family size, the number and ages 

of children in the family, and substate geographical 

considerations; 

(xi) improved coordination between employment 

and training activities and programs carried out in 

the local area for individuals with disabilities, 

including programs carried out by State agencies 

relating to intellectual disabilities and developmental 

disabilities, activities carried out by Statewide Independent Living Councils established under section 705 

of the Rehabilitation Act of 1973 (29 U.S.C. 796d), 

programs funded under part B of chapter 1 of title 

VII of such Act (29 U.S.C. 796e et seq.), and activities 

carried out by centers for independent living, as defined 

in section 702 of such Act (29 U.S.C. 796a); and 

(xii) implementation of promising services to 

workers and businesses, which may include support 

for education, training, skill upgrading, and statewide 

networking for employees to become workplace 

learning advisors and maintain proficiency in carrying 

out the activities associated with such advising. 

(B) WORK SUPPORT ACTIVITIES FOR LOW-WAGE

WORKERS.— 

(i) IN GENERAL.—Funds allocated to a local area 

for adults under paragraph (2)(A) or (3), as appropriate, 

of section 133(b), and funds allocated to the local area 

for dislocated workers under section 133(b)(2)(B), may 

be used to provide, through the one-stop delivery 

system involved, work support activities designed to 

assist low-wage workers in retaining and enhancing 

employment. The one-stop partners of the system shall 

coordinate the appropriate programs and resources of 

the partners with the activities and resources provided 

under this subparagraph. 

(ii) ACTIVITIES.—The work support activities 

described in clause (i) may include the provision of 

activities described in this section through the onestop delivery system in a manner that enhances the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1535 

opportunities of such workers to participate in the 

activities, such as the provision of activities described 

in this section during nontraditional hours and the 

provision of onsite child care while such activities are 

being provided. 

(2) SUPPORTIVE SERVICES.—Funds allocated to a local area 

for adults under paragraph (2)(A) or (3), as appropriate, of 

section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to 

provide supportive services to adults and dislocated workers, 

respectively— 

(A) who are participating in programs with activities 

authorized in paragraph (2) or (3) of subsection (c); and 

(B) who are unable to obtain such supportive services 

through other programs providing such services. 

(3) NEEDS-RELATED PAYMENTS.— (A) IN GENERAL.—Funds allocated to a local area for 

adults under paragraph (2)(A) or (3), as appropriate, of 

section 133(b), and funds allocated to the local area for 

dislocated workers under section 133(b)(2)(B), may be used 

to provide needs-related payments to adults and dislocated 

workers, respectively, who are unemployed and do not 

qualify for (or have ceased to qualify for) unemployment 

compensation for the purpose of enabling such individuals 

to participate in programs of training services under subsection (c)(3). 

(B) ADDITIONAL ELIGIBILITY REQUIREMENTS.—In addition to the requirements contained in subparagraph (A), 

a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related 

payments under this paragraph only if such worker was 

enrolled in the training services— 

(i) by the end of the 13th week after the most 

recent layoff that resulted in a determination of the 

worker’s eligibility for employment and training activities for dislocated workers under this subtitle; or 

(ii) if later, by the end of the 8th week after the 

worker is informed that a short-term layoff will exceed 

6 months. 

(C) LEVEL OF PAYMENTS.—The level of a needs-related 

payment made to a dislocated worker under this paragraph 

shall not exceed the greater of— 

(i) the applicable level of unemployment compensation; or 

(ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty 

line, for an equivalent period, which amount shall be 

adjusted to reflect changes in total family income. 

(4) INCUMBENT WORKER TRAINING PROGRAMS.— 

(A) IN GENERAL.— 

(i) STANDARD RESERVATION OF FUNDS.—The local 

board may reserve and use not more than 20 percent 

of the funds allocated to the local area involved under 

section 133(b) to pay for the Federal share of the 

cost of providing training through a training program 

for incumbent workers, carried out in accordance with 

this paragraph. 

Time periods. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1536 PUBLIC LAW 113–128—JULY 22, 2014 

(ii) DETERMINATION OF ELIGIBILITY.—For the purpose of determining the eligibility of an employer to 

receive funding under clause (i), the local board shall 

take into account factors consisting of— 

(I) the characteristics of the participants in 

the program; 

(II) the relationship of the training to the 

competitiveness of a participant and the employer; 

and 

(III) such other factors as the local board may 

determine to be appropriate, which may include 

the number of employees participating in the 

training, the wage and benefit levels of those 

employees (at present and anticipated upon 

completion of the training), and the existence of 

other training and advancement opportunities provided by the employer. 

(iii) STATEWIDE IMPACT.—The Governor or State 

board involved may make recommendations to the local 

board for providing incumbent worker training that 

has statewide impact. 

(B) TRAINING ACTIVITIES.—The training program for 

incumbent workers carried out under this paragraph shall 

be carried out by the local board in conjunction with the 

employers or groups of employers of such workers (which 

may include employers in partnership with other entities 

for the purposes of delivering training) for the purpose 

of assisting such workers in obtaining the skills necessary 

to retain employment or avert layoffs. 

(C) EMPLOYER PAYMENT OF NON-FEDERAL SHARE.— 

Employers participating in the program carried out under 

this paragraph shall be required to pay for the non-Federal 

share of the cost of providing the training to incumbent 

workers of the employers. 

(D) NON-FEDERAL SHARE.— (i) FACTORS.—Subject to clause (ii), the local board 

shall establish the non-Federal share of such cost 

(taking into consideration such other factors as the 

number of employees participating in the training, the 

wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), 

the relationship of the training to the competitiveness 

of the employer and employees, and the availability 

of other employer-provided training and advancement 

opportunities. 

(ii) LIMITS.—The non-Federal share shall not be 

less than— 

(I) 10 percent of the cost, for employers with 

not more than 50 employees; 

(II) 25 percent of the cost, for employers with 

more than 50 employees but not more than 100 

employees; and 

(III) 50 percent of the cost, for employers with 

more than 100 employees. 

(iii) CALCULATION OF EMPLOYER SHARE.—The nonFederal share provided by an employer participating 

in the program may include the amount of the wages 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1537 

paid by the employer to a worker while the worker 

is attending a training program under this paragraph. 

The employer may provide the share in cash or in 

kind, fairly evaluated. 

(5) TRANSITIONAL JOBS.—The local board may use not more 

than 10 percent of the funds allocated to the local area involved 

under section 133(b) to provide transitional jobs under subsection (c)(3) that— 

(A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors 

for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history; 

(B) are combined with comprehensive employment and 

supportive services; and 

(C) are designed to assist the individuals described 

in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills 

that lead to entry into and retention in unsubsidized 

employment. 

CHAPTER 4—GENERAL WORKFORCE INVESTMENT 

PROVISIONS 

SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 

(a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—There are 

authorized to be appropriated to carry out the activities described 

in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000 

for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 

for fiscal year 2018, $943,828,000 for fiscal year 2019, and 

$963,837,000 for fiscal year 2020. 

(b) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—There are 

authorized to be appropriated to carry out the activities described 

in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 

for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 

for fiscal year 2018, $881,303,000 for fiscal year 2019, and 

$899,987,000 for fiscal year 2020. 

(c) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.—There are authorized to be appropriated to carry out the 

activities described in section 132(a)(2), $1,222,457,000 for fiscal 

year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for 

fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 

for fiscal year 2019, and $1,436,137,000 for fiscal year 2020. 

Subtitle C—Job Corps 

SEC. 141. PURPOSES. 

The purposes of this subtitle are— 

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

out in partnership with States and communities, to— 

(A) assist eligible youth to connect to the labor force 

by providing them with intensive social, academic, career 

and technical education, and service-learning opportunities, 

in primarily residential centers, in order for such youth 

to obtain secondary school diplomas or recognized postsecondary credentials leading to— 

29 USC 3191. 

29 USC 3181. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1538 PUBLIC LAW 113–128—JULY 22, 2014 

(i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will 

result in economic self-sufficiency and opportunities 

for advancement; or 

(ii) enrollment in postsecondary education, 

including an apprenticeship program; and 

(B) support responsible citizenship; 

(2) to set forth standards and procedures for selecting 

individuals as enrollees in the Job Corps; 

(3) to authorize the establishment of Job Corps centers 

in which enrollees will participate in intensive programs of 

activities described in this subtitle; and 

(4) to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development 

of the Job Corps. 

SEC. 142. DEFINITIONS. 

In this subtitle: 

(1) APPLICABLE LOCAL BOARD.—The term ‘‘applicable local 

board’’ means a local board— 

(A) that provides information for a Job Corps center 

on local employment opportunities and the job skills needed 

to obtain the opportunities; and 

(B) that serves communities in which the graduates 

of the Job Corps center seek employment. 

(2) APPLICABLE ONE-STOP CENTER.—The term ‘‘applicable 

one-stop center’’ means a one-stop center that provides services, 

such as referral, assessment, recruitment, and placement, to 

support the purposes of the Job Corps. 

(3) ENROLLEE.—The term ‘‘enrollee’’ means an individual 

who has voluntarily applied for, been selected for, and enrolled 

in the Job Corps program, and remains with the program, 

but has not yet become a graduate. 

(4) FORMER ENROLLEE.—The term ‘‘former enrollee’’ means 

an individual who has voluntarily applied for, been selected 

for, and enrolled in the Job Corps program, but left the program 

prior to becoming a graduate. 

(5) GRADUATE.—The term ‘‘graduate’’ means an individual 

who has voluntarily applied for, been selected for, and enrolled 

in the Job Corps program and who, as a result of participation 

in the Job Corps program, has received a secondary school 

diploma or recognized equivalent, or completed the requirements of a career and technical education and training program 

that prepares individuals for employment leading to economic 

self-sufficiency or entrance into postsecondary education or 

training. 

(6) JOB CORPS.—The term ‘‘Job Corps’’ means the Job Corps 

described in section 143. 

(7) JOB CORPS CENTER.—The term ‘‘Job Corps center’’ means 

a center described in section 147. 

(8) OPERATOR.—The term ‘‘operator’’ means an entity 

selected under this subtitle to operate a Job Corps center. 

(9) REGION.—The term ‘‘region’’ means an area defined 

by the Secretary. 

(10) SERVICE PROVIDER.—The term ‘‘service provider’’ 

means an entity selected under this subtitle to provide services 

described in this subtitle to a Job Corps center. 

29 USC 3192. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1539 

SEC. 143. ESTABLISHMENT. 

There shall be within the Department of Labor a ‘‘Job Corps’’. 

SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

(a) IN GENERAL.—To be eligible to become an enrollee, an 

individual shall be— 

(1) not less than age 16 and not more than age 21 on 

the date of enrollment, except that— 

(A) not more than 20 percent of the individuals enrolled 

in the Job Corps may be not less than age 22 and not 

more than age 24 on the date of enrollment; and 

(B) either such maximum age limitation may be waived 

by the Secretary, in accordance with regulations of the 

Secretary, in the case of an individual with a disability; 

(2) a low-income individual; and 

(3) an individual who is one or more of the following: 

(A) Basic skills deficient. 

(B) A school dropout. 

(C) A homeless individual (as defined in section 

41403(6) of the Violence Against Women Act of 1994 (42 

U.S.C. 14043e–2(6))), a homeless child or youth (as defined 

in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))), a runaway, an individual 

in foster care, or an individual who was in foster care 

and has aged out of the foster care system. 

(D) A parent. 

(E) An individual who requires additional education, 

career and technical education or training, or workforce 

preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency. 

(b) SPECIAL RULE FOR VETERANS.—Notwithstanding the 

requirement of subsection (a)(2), a veteran shall be eligible to 

become an enrollee under subsection (a) if the individual— 

(1) meets the requirements of paragraphs (1) and (3) of 

such subsection; and 

(2) does not meet the requirement of subsection (a)(2) 

because the military income earned by such individual within 

the 6-month period prior to the individual’s application for 

Job Corps prevents the individual from meeting such requirement. 

SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT 

OF ENROLLEES. 

(a) STANDARDS AND PROCEDURES.— 

(1) IN GENERAL.—The Secretary shall prescribe specific 

standards and procedures for the recruitment, screening, and 

selection of eligible applicants for the Job Corps, after considering recommendations from Governors of States, local boards, 

and other interested parties. 

(2) METHODS.—In prescribing standards and procedures 

under paragraph (1), the Secretary, at a minimum, shall— 

(A) prescribe procedures for informing enrollees that 

drug tests will be administered to the enrollees and the 

results received within 45 days after the enrollees enroll 

in the Job Corps; 

(B) establish standards for recruitment of Job Corps 

applicants; 

Deadline. 

29 USC 3195. 

Time period. 

29 USC 3194. 

29 USC 3193. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1540 PUBLIC LAW 113–128—JULY 22, 2014 

(C) establish standards and procedures for— 

(i) determining, for each applicant, whether the 

educational and career and technical education and 

training needs of the applicant can best be met through 

the Job Corps program or an alternative program in 

the community in which the applicant resides; and 

(ii) obtaining from each applicant pertinent data 

relating to background, needs, and interests for determining eligibility and potential assignment; 

(D) where appropriate, take measures to improve the 

professional capability of the individuals conducting 

screening of the applicants; and 

(E) assure appropriate representation of enrollees from 

urban areas and from rural areas. 

(3) IMPLEMENTATION.—The standards and procedures shall 

be implemented through arrangements with— 

(A) applicable one-stop centers; 

(B) organizations that have a demonstrated record of 

effectiveness in serving at-risk youth and placing such 

youth into employment, including community action agencies, business organizations, or labor organizations; and 

(C) child welfare agencies that are responsible for children and youth eligible for benefits and services under 

section 477 of the Social Security Act (42 U.S.C. 677). 

(4) CONSULTATION.—The standards and procedures shall 

provide for necessary consultation with individuals and 

organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. 

(5) REIMBURSEMENT.—The Secretary is authorized to enter 

into contracts with and make payments to individuals and 

organizations for the cost of conducting recruitment, screening, 

and selection of eligible applicants for the Job Corps, as provided for in this section. The Secretary shall make no payment 

to any individual or organization solely as compensation for 

referring the names of applicants for the Job Corps. 

(b) SPECIAL LIMITATIONS ON SELECTION.— 

(1) IN GENERAL.—No individual shall be selected as an 

enrollee unless the individual or organization implementing 

the standards and procedures described in subsection (a) determines that— 

(A) there is a reasonable expectation that the individual considered for selection can participate successfully 

in group situations and activities, and is not likely to 

engage in behavior that would prevent other enrollees from 

receiving the benefit of the Job Corps program or be 

incompatible with the maintenance of sound discipline and 

satisfactory relationships between the Job Corps center 

to which the individual might be assigned and communities 

surrounding the Job Corps center; 

(B) the individual manifests a basic understanding of 

both the rules to which the individual will be subject and 

of the consequences of failure to observe the rules, and 

agrees to comply with such rules; and 

(C) the individual has passed a background check conducted in accordance with procedures established by the 

Secretary and with applicable State and local laws. 

Determination. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1541 

(2) INDIVIDUALS ON PROBATION, PAROLE, OR SUPERVISED

RELEASE.—An individual on probation, parole, or supervised 

release may be selected as an enrollee only if release from 

the supervision of the probation or parole official involved is 

satisfactory to the official and the Secretary and does not violate 

applicable laws (including regulations). No individual shall be 

denied a position in the Job Corps solely on the basis of individual contact with the criminal justice system except for a 

disqualifying conviction as specified in paragraph (3). 

(3) INDIVIDUALS CONVICTED OF CERTAIN CRIMES.—An individual shall not be selected as an enrollee if the individual 

has been convicted of a felony consisting of murder (as described 

in section 1111 of title 18, United States Code), child abuse, 

or a crime involving rape or sexual assault. 

(c) ASSIGNMENT PLAN.— 

(1) IN GENERAL.—Every 2 years, the Secretary shall develop 

and implement a plan for assigning enrollees to Job Corps 

centers. In developing the plan, the Secretary shall, based 

on the analysis described in paragraph (2), establish targets, 

applicable to each Job Corps center, for— 

(A) the maximum attainable percentage of enrollees 

at the Job Corps center that reside in the State in which 

the center is located; and 

(B) the maximum attainable percentage of enrollees 

at the Job Corps center that reside in the region in which 

the center is located, and in surrounding regions. 

(2) ANALYSIS.—In order to develop the plan described in 

paragraph (1), every 2 years the Secretary, in consultation 

with operators of Job Corps centers, shall analyze relevant 

factors relating to each Job Corps center, including— 

(A) the size of the population of individuals eligible 

to participate in Job Corps in the State and region in 

which the Job Corps center is located, and in surrounding 

regions; 

(B) the relative demand for participation in the Job 

Corps in the State and region, and in surrounding regions; 

(C) the capacity and utilization of the Job Corps center, 

including the education, training, and supportive services 

provided through the center; and 

(D) the performance of the Job Corps center relating 

to the expected levels of performance for the indicators 

described in section 159(c)(1), and whether any actions 

have been taken with respect to such center pursuant 

to paragraphs (2) and (3) of section 159(f). 

(d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.— 

(1) IN GENERAL.—After an individual has been selected 

for the Job Corps in accordance with the standards and procedures of the Secretary under subsection (a), the enrollee shall 

be assigned to the Job Corps center that offers the type of 

career and technical education and training selected by the 

individual and, among the centers that offer such education 

and training, is closest to the home of the individual. The 

Secretary may waive this requirement if— 

(A) the enrollee would be unduly delayed in participating in the Job Corps program because the closest center 

is operating at full capacity; or 

Waiver authority. 

Time period. 

Consultation. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1542 PUBLIC LAW 113–128—JULY 22, 2014 

(B) the parent or guardian of the enrollee requests 

assignment of the enrollee to another Job Corps center 

due to circumstances in the community of the enrollee 

that would impair prospects for successful participation 

in the Job Corps program. 

(2) ENROLLEES WHO ARE YOUNGER THAN 18.—An enrollee 

who is younger than 18 shall not be assigned to a Job Corps 

center other than the center closest to the home that offers 

the career and technical education and training desired by 

the enrollee pursuant to paragraph (1) if the parent or guardian 

of the enrollee objects to the assignment. 

SEC. 146. ENROLLMENT. 

(a) RELATIONSHIP BETWEEN ENROLLMENT AND MILITARY

OBLIGATIONS.—Enrollment in the Job Corps shall not relieve any 

individual of obligations under the Military Selective Service Act 

(50 U.S.C. App. 451 et seq.). 

(b) PERIOD OF ENROLLMENT.—No individual may be enrolled 

in the Job Corps for more than 2 years, except— 

(1) in a case in which completion of an advanced career 

training program under section 148(c) would require an individual to participate in the Job Corps for not more than one 

additional year; 

(2) in the case of an individual with a disability who 

would reasonably be expected to meet the standards for a 

Job Corps graduate, as defined under section 142(5), if allowed 

to participate in the Job Corps for not more than 1 additional 

year; 

(3) in the case of an individual who participates in national 

service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the 

Job Corps for the amount of time equal to the period of national 

service; or 

(4) as the Secretary may authorize in a special case. 

SEC. 147. JOB CORPS CENTERS. 

(a) OPERATORS AND SERVICE PROVIDERS.— (1) ELIGIBLE ENTITIES.— (A) OPERATORS.—The Secretary shall enter into an 

agreement with a Federal, State, or local agency, an area 

career and technical education school, a residential career 

and technical education school, or a private organization, 

for the operation of each Job Corps center. 

(B) PROVIDERS.—The Secretary may enter into an 

agreement with a local entity, or other entity with the 

necessary capacity, to provide activities described in this 

subtitle to a Job Corps center. 

(2) SELECTION PROCESS.— (A) COMPETITIVE BASIS.—Except as provided in subsections (a) and (b) of section 3304 of title 41, United 

States Code, the Secretary shall select on a competitive 

basis an entity to operate a Job Corps center and entities 

to provide activities described in this subtitle to the Job 

Corps center. In developing a solicitation for an operator 

or service provider, the Secretary shall consult with the 

Governor of the State in which the center is located, the 

workforce council for the Job Corps center (if established), 

and the applicable local board regarding the contents of 

Consultation. 

Contracts. 

29 USC 3197. 

29 USC 3196. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1543 

such solicitation, including elements that will promote the 

consistency of the activities carried out through the center 

with the objectives set forth in the State plan or in a 

local plan. 

(B) RECOMMENDATIONS AND CONSIDERATIONS.— (i) OPERATORS.—In selecting an entity to operate 

a Job Corps center, the Secretary shall consider— 

(I) the ability of the entity to coordinate the 

activities carried out through the Job Corps center 

with activities carried out under the appropriate 

State plan and local plans; 

(II) the ability of the entity to offer career 

and technical education and training that has been 

proposed by the workforce council under section 

154(c), and the degree to which such education 

and training reflects employment opportunities in 

the local areas in which enrollees at the center 

intend to seek employment; 

(III) the degree to which the entity demonstrates relationships with the surrounding 

communities, employers, labor organizations, State 

boards, local boards, applicable one-stop centers, 

and the State and region in which the center is 

located; 

(IV) the performance of the entity, if any, 

relating to operating or providing activities 

described in this subtitle to a Job Corps center, 

including information regarding the entity in any 

reports developed by the Office of Inspector General of the Department of Labor and the entity’s 

demonstrated effectiveness in assisting individuals 

in achieving the primary indicators of performance 

for eligible youth described in section 

116(b)(2)(A)(ii); and 

(V) the ability of the entity to demonstrate 

a record of successfully assisting at-risk youth to 

connect to the workforce, including providing them 

with intensive academics and career and technical 

education and training. 

(ii) PROVIDERS.—In selecting a service provider for 

a Job Corps center, the Secretary shall consider the 

factors described in clause (i). 

(3) ADDITIONAL SELECTION FACTORS.—To be eligible to 

operate a Job Corps center, an entity shall submit to the 

Secretary, at such time and in such manner as the Secretary 

may require, information related to additional selection factors, 

which shall include the following: 

(A) A description of the program activities that will 

be offered at the center and how the academics and career 

and technical education and training reflect State and local 

employment opportunities, including opportunities in indemand industry sectors and occupations recommended by 

the workforce council under section 154(c)(2)(A). 

(B) A description of the counseling, placement, and 

support activities that will be offered at the center, 

including a description of the strategies and procedures 

the entity will use to place graduates into unsubsidized 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1544 PUBLIC LAW 113–128—JULY 22, 2014 

employment or education leading to a recognized postsecondary credential upon completion of the program. 

(C) A description of the demonstrated record of 

effectiveness that the entity has in placing at-risk youth 

into employment and postsecondary education, including 

past performance of operating a Job Corps center under 

this subtitle or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving 

the indicators of performance for eligible youth described 

in section 116(b)(2)(A)(ii). 

(D) A description of the relationships that the entity 

has developed with State boards, local boards, applicable 

one-stop centers, employers, labor organizations, State and 

local educational agencies, and the surrounding communities in which the center is located, in an effort to promote 

a comprehensive statewide workforce development system. 

(E) A description of the entity’s ability to coordinate 

the activities carried out through the Job Corps center 

with activities carried out under the appropriate State 

plan and local plans. 

(F) A description of the strong fiscal controls the entity 

has in place to ensure proper accounting of Federal funds, 

and a description of how the entity will meet the requirements of section 159(a). 

(G) A description of the steps to be taken to control 

costs in accordance with section 159(a)(3). 

(H) A detailed budget of the activities that will be 

supported using funds under this subtitle and non-Federal 

resources. 

(I) An assurance the entity is licensed to operate in 

the State in which the center is located. 

(J) An assurance the entity will comply with basic 

health and safety codes, which shall include the disciplinary 

measures described in section 152(b). 

(K) Any other information on additional selection factors that the Secretary may require. 

(b) HIGH-PERFORMING CENTERS.— 

(1) IN GENERAL.—If an entity meets the requirements 

described in paragraph (2) as applied to a particular Job Corps 

center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such 

center. 

(2) HIGH PERFORMANCE.—An entity shall be considered to 

be an operator of a high-performing center if the Job Corps 

center operated by the entity— 

(A) is ranked among the top 20 percent of Job Corps 

centers for the most recent preceding program year; and 

(B) meets the expected levels of performance established under section 159(c)(1) and, with respect to each 

of the primary indicators of performance for eligible youth 

described in section 116(b)(2)(A)(ii)— 

(i) for the period of the most recent preceding 

3 program years for which information is available 

at the time the determination is made, achieved an 

average of 100 percent, or higher, of the expected level 

Time periods. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1545 

of performance established under section 159(c)(1) for 

the indicator; and 

(ii) for the most recent preceding program year 

for which information is available at the time the determination is made, achieved 100 percent, or higher, 

of the expected level of performance established under 

such section for the indicator. 

(3) TRANSITION.—If any of the program years described 

in paragraph (2)(B) precedes the implementation of the 

establishment of expected levels of performance under section 

159(c) and the application of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii), an 

entity shall be considered an operator of a high-performing 

center during that period if the Job Corps center operated 

by the entity— 

(A) meets the requirements of paragraph (2)(B) with 

respect to such preceding program years using the performance of the Job Corps center regarding the national goals 

or targets established by the Office of the Job Corps under 

the previous performance accountability system for— 

(i) the 6-month follow-up placement rate of graduates in employment, the military, education, or 

training; 

(ii) the 12–month follow-up placement rate of graduates in employment, the military, education, or 

training; 

(iii) the 6-month follow-up average weekly earnings 

of graduates; 

(iv) the rate of attainment of secondary school 

diplomas or their recognized equivalent; 

(v) the rate of attainment of completion certificates 

for career and technical training; 

(vi) average literacy gains; and 

(vii) average numeracy gains; or 

(B) is ranked among the top 5 percent of Job Corps 

centers for the most recent preceding program year. 

(c) CHARACTER AND ACTIVITIES.—Job Corps centers may be 

residential or nonresidential in character, and shall be designed 

and operated so as to provide enrollees, in a well-supervised setting, 

with access to activities described in this subtitle. In any year, 

no more than 20 percent of the individuals enrolled in the Job 

Corps may be nonresidential participants in the Job Corps. 

(d) CIVILIAN CONSERVATION CENTERS.— 

(1) IN GENERAL.—The Job Corps centers may include 

Civilian Conservation Centers, operated under an agreement 

between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers 

shall provide, in addition to academics, career and technical 

education and training, and workforce preparation skills 

training, programs of work experience to conserve, develop, 

or manage public natural resources or public recreational areas 

or to develop community projects in the public interest. 

(2) ASSISTANCE DURING DISASTERS.—Enrollees in Civilian 

Conservation Centers may provide assistance in addressing 

national, State, and local disasters, consistent with current 

child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such 

Contracts. 

Urban and rural 

areas. 

Time periods. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1546 PUBLIC LAW 113–128—JULY 22, 2014 

assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the 

Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). 

(3) NATIONAL LIAISON.—The Secretary of Agriculture shall 

designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor 

and Agriculture. 

(e) INDIAN TRIBES.— (1) GENERAL AUTHORITY.—The Secretary may enter into 

agreements with Indian tribes to operate Job Corps centers 

for Indians. 

(2) DEFINITIONS.—In this subsection, the terms ‘‘Indian’’ 

and ‘‘Indian tribe’’ have the meanings given such terms in 

subsections (d) and (e), respectively, of section 4 of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

450b). 

(f) LENGTH OF AGREEMENT.—The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The 

Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years, 

consistent with the requirements of subsection (g). 

(g) RENEWAL CONDITIONS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall not renew the terms of an agreement for any 1-year 

additional period described in subsection (f) for an entity to 

operate a particular Job Corps center if, for both of the 2 

most recent preceding program years for which information 

is available at the time the determination is made, or if a 

second program year is not available, the preceding year for 

which information is available, such center— 

(A) has been ranked in the lowest 10 percent of Job 

Corps centers; and 

(B) failed to achieve an average of 50 percent or higher 

of the expected level of performance under section 159(c)(1) 

with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). 

(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for 

no more than 2 additional years if the Secretary determines 

such renewal would be in the best interest of the Job Corps 

program, taking into account factors including— 

(A) significant improvements in program performance 

in carrying out a performance improvement plan under 

section 159(f)(2); 

(B) that the performance is due to circumstances 

beyond the control of the entity, such as an emergency 

or disaster, as defined in section 170(a)(1); 

(C) a significant disruption in the operations of the 

center, including in the ability to continue to provide services to students, or significant increase in the cost of such 

operations; or 

(D) a significant disruption in the procurement process 

with respect to carrying out a competition for the selection 

of a center operator. 

(3) DETAILED EXPLANATION.—If the Secretary exercises an 

option under paragraph (2), the Secretary shall provide, to 

Determination. 

Time periods. 

Time periods. 

Designation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1547 

the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate, a detailed explanation of 

the rationale for exercising such option. 

(4) ADDITIONAL CONSIDERATIONS.—The Secretary shall only 

renew the agreement of an entity to operate a Job Corps 

center if the entity— 

(A) has a satisfactory record of integrity and business 

ethics; 

(B) has adequate financial resources to perform the 

agreement; 

(C) has the necessary organization, experience, 

accounting and operational controls, and technical skills; 

and 

(D) is otherwise qualified and eligible under applicable 

laws and regulations, including that the contractor is not 

under suspension or debarred from eligibility for Federal 

contracts. 

SEC. 148. PROGRAM ACTIVITIES. 

(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.— 

(1) IN GENERAL.—Each Job Corps center shall provide 

enrollees with an intensive, well organized, and fully supervised 

program of education, including English language acquisition 

programs, career and technical education and training, work 

experience, work-based learning, recreational activities, physical rehabilitation and development, driver’s education, and 

counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned 

to the center with access to career services described in clauses 

(i) through (xi) of section 134(c)(2)(A). 

(2) RELATIONSHIP TO OPPORTUNITIES.—The activities provided under this subsection shall be targeted to helping 

enrollees, on completion of their enrollment— 

(A) secure and maintain meaningful unsubsidized 

employment; 

(B) enroll in and complete secondary education or postsecondary education or training programs, including other 

suitable career and technical education and training, and 

apprenticeship programs; or 

(C) satisfy Armed Forces requirements. 

(3) LINK TO EMPLOYMENT OPPORTUNITIES.—The career and 

technical education and training provided shall be linked to 

employment opportunities in in-demand industry sectors and 

occupations in the State or local area in which the Job Corps 

center is located and, to the extent practicable, in the State 

or local area in which the enrollee intends to seek employment 

after graduation. 

(b) ACADEMIC AND CAREER AND TECHNICAL EDUCATION AND

TRAINING.—The Secretary may arrange for career and technical 

education and training of enrollees through local public or private 

educational agencies, career and technical educational institutions, 

technical institutes, or national service providers, whenever such 

entities provide education and training substantially equivalent 

in cost and quality to that which the Secretary could provide 

through other means. 

(c) ADVANCED CAREER TRAINING PROGRAMS.— 

29 USC 3198. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1548 PUBLIC LAW 113–128—JULY 22, 2014 

(1) IN GENERAL.—The Secretary may arrange for programs 

of advanced career training for selected enrollees in which 

the enrollees may continue to participate for a period of not 

to exceed 1 year in addition to the period of participation 

to which the enrollees would otherwise be limited. The advanced 

career training may be provided through the eligible providers 

of training services identified under section 122. 

(2) BENEFITS.—During the period of participation in an 

advanced career training program, an enrollee shall be eligible 

for full Job Corps benefits, or a monthly stipend equal to 

the average value of the residential support, food, allowances, 

and other benefits provided to enrollees assigned to residential 

Job Corps centers. 

(3) DEMONSTRATION.—The Secretary shall develop standards by which any operator seeking to enroll additional 

enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional 

enrollment, that— 

(A) participants in such program have achieved a satisfactory rate of completion and placement in training-related 

jobs; and 

(B) for the most recently preceding 2 program years, 

such operator has, on average, met or exceeded the expected 

levels of performance under section 159(c)(1) for each of 

the primary indicators of performance for eligible youth 

described in section 116(b)(2)(A)(ii). 

(d) GRADUATE SERVICES.—In order to promote the retention 

of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support 

services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support 

the provision of these services, including services from the State 

vocational rehabilitation agency, to supplement job placement and 

job development efforts for Job Corps graduates who are individuals 

with disabilities. 

(e) CHILD CARE.—The Secretary shall, to the extent practicable, 

provide child care at or near Job Corps centers, for individuals 

who require child care for their children in order to participate 

in the Job Corps. 

SEC. 149. COUNSELING AND JOB PLACEMENT. 

(a) ASSESSMENT AND COUNSELING.—The Secretary shall 

arrange for assessment and counseling for each enrollee at regular 

intervals to measure progress in the academic and career and 

technical education and training programs carried out through the 

Job Corps. 

(b) PLACEMENT.—The Secretary shall arrange for assessment 

and counseling for enrollees prior to their scheduled graduations 

to determine their capabilities and, based on their capabilities, 

shall place the enrollees in employment leading to economic selfsufficiency for which the enrollees are trained or assist the enrollees 

in participating in further activities described in this subtitle. In 

arranging for the placement of graduates in jobs, the Secretary 

shall utilize the one-stop delivery system to the maximum extent 

practicable. 

(c) STATUS AND PROGRESS.—The Secretary shall determine the 

status and progress of enrollees scheduled for graduation and make 

Determination. 

29 USC 3199. 

Time period. 

Time period. 

Standards. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1549 

every effort to assure that their needs for further activities described 

in this subtitle are met. 

(d) SERVICES TO FORMER ENROLLEES.—The Secretary may provide such services as the Secretary determines to be appropriate 

under this subtitle to former enrollees. 

SEC. 150. SUPPORT. 

(a) PERSONAL ALLOWANCES.—The Secretary may provide 

enrollees assigned to Job Corps centers with such personal allowances as the Secretary may determine to be necessary or appropriate to meet the needs of the enrollees. 

(b) TRANSITION ALLOWANCES.—The Secretary shall arrange for 

a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion 

of academic, career and technical education or training, and attainment of recognized postsecondary credentials. 

(c) TRANSITION SUPPORT.—The Secretary may arrange for the 

provision of 3 months of employment services for former enrollees. 

SEC. 151. OPERATIONS. 

(a) OPERATING PLAN.—The provisions of the contract between 

the Secretary and an entity selected to operate a Job Corps center 

shall, at a minimum, serve as an operating plan for the Job Corps 

center. 

(b) ADDITIONAL INFORMATION.—The Secretary may require the 

operator, in order to remain eligible to operate the Job Corps 

center, to submit such additional information as the Secretary 

may require, which shall be considered part of the operating plan. 

(c) AVAILABILITY.—The Secretary shall make the operating plan 

described in subsections (a) and (b), excluding any proprietary 

information, available to the public. 

SEC. 152. STANDARDS OF CONDUCT. 

(a) PROVISION AND ENFORCEMENT.—The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, 

standards of conduct within the centers. Such standards of conduct 

shall include provisions forbidding the actions described in subsection (b)(2)(A). 

(b) DISCIPLINARY MEASURES.— 

(1) IN GENERAL.—To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall 

have the authority to take appropriate disciplinary measures 

against enrollees if such a director determines that an enrollee 

has committed a violation of the standards of conduct. The 

director shall dismiss the enrollee from the Job Corps if the 

director determines that the retention of the enrollee in the 

Job Corps will jeopardize the enforcement of such standards, 

threaten the safety of staff, students, or the local community, 

or diminish the opportunities of other enrollees. 

(2) ZERO TOLERANCE POLICY AND DRUG TESTING.— 

(A) GUIDELINES.—The Secretary shall adopt guidelines 

establishing a zero tolerance policy for an act of violence, 

for use, sale, or possession of a controlled substance, for 

abuse of alcohol, or for other illegal or disruptive activity. 

(B) DRUG TESTING.—The Secretary shall require drug 

testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under 

section 145(a). 

29 USC 3202. 

Public 

information. 

29 USC 3201. 

Time period. 

29 USC 3200. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1550 PUBLIC LAW 113–128—JULY 22, 2014 

(C) DEFINITIONS.—In this paragraph: 

(i) CONTROLLED SUBSTANCE.—The term ‘‘controlled 

substance’’ has the meaning given the term in section 

102 of the Controlled Substances Act (21 U.S.C. 802). 

(ii) ZERO TOLERANCE POLICY.—The term ‘‘zero 

tolerance policy’’ means a policy under which an 

enrollee shall be automatically dismissed from the Job 

Corps after a determination by the director that the 

enrollee has carried out an action described in subparagraph (A). 

(c) APPEAL.—A disciplinary measure taken by a director under 

this section shall be subject to expeditious appeal in accordance 

with procedures established by the Secretary. 

SEC. 153. COMMUNITY PARTICIPATION. 

(a) BUSINESS AND COMMUNITY PARTICIPATION.—The director 

of each Job Corps center shall ensure the establishment and 

development of the mutually beneficial business and community 

relationships and networks described in subsection (b), including 

the use of local boards, in order to enhance the effectiveness of 

such centers. 

(b) NETWORKS.—The activities carried out by each Job Corps 

center under this section shall include— 

(1) establishing and developing relationships and networks 

with— 

(A) local and distant employers, to the extent practicable, in coordination with entities carrying out other 

Federal and non-Federal programs that conduct similar 

outreach to employers; 

(B) applicable one-stop centers and applicable local 

boards, for the purpose of providing— 

(i) information to, and referral of, potential 

enrollees; and 

(ii) job opportunities for Job Corps graduates; and 

(C)(i) entities carrying out relevant apprenticeship programs and youth programs; 

(ii) labor-management organizations and local labor 

organizations; 

(iii) employers and contractors that support national 

training contractor programs; and 

(iv) community-based organizations, non-profit 

organizations, and intermediaries providing workforce 

development-related services; and 

(2) establishing and developing relationships with members 

of the community in which the Job Corps center is located, 

informing members of the community about the projects of 

the Job Corps center and changes in the rules, procedures, 

or activities of the center that may affect the community, and 

planning events of mutual interest to the community and the 

Job Corps center. 

(c) NEW CENTERS.—The director of a Job Corps center that 

is not yet operating shall ensure the establishment and development 

of the relationships and networks described in subsection (b) at 

least 3 months prior to the date on which the center accepts 

the first enrollee at the center. 

Time period. 

29 USC 3203. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1551 

SEC. 154. WORKFORCE COUNCILS. 

(a) IN GENERAL.—Each Job Corps center shall have a workforce 

council, appointed by the director of the center, in accordance with 

procedures established by the Secretary. 

(b) WORKFORCE COUNCIL COMPOSITION.— (1) IN GENERAL.—A workforce council shall be comprised 

of— 

(A) a majority of members who shall be owners of 

business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector 

employers, who— 

(i) have substantial management, hiring, or policy 

responsibility; and 

(ii) represent businesses with employment 

opportunities that reflect the employment opportunities of the applicable local areas in which enrollees 

will be seeking employment; 

(B) representatives of labor organizations (where 

present) and representatives of employees; and 

(C) enrollees and graduates of the Job Corps. 

(2) LOCAL BOARD.—The workforce council may include 

members of the applicable local boards who meet the requirements described in paragraph (1). 

(3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The workforce 

council for a Job Corps center may include, or otherwise provide 

for consultation with, employers from outside the local area 

who are likely to hire a significant number of enrollees from 

the Job Corps center. 

(4) SPECIAL RULE FOR SINGLE STATE LOCAL AREAS.—In the 

case of a single State local area designated under section 106(d), 

the workforce council shall include a representative of the State 

Board. 

(c) RESPONSIBILITIES.—The responsibilities of the workforce 

council shall be— 

(1) to work closely with all applicable local boards in order 

to determine, and recommend to the Secretary, appropriate 

career and technical education and training for the center; 

(2) to review all the relevant labor market information, 

including related information in the State plan or the local 

plan, to— 

(A) recommend the in-demand industry sectors or 

occupations in the area in which the Job Corps center 

operates; 

(B) determine the employment opportunities in the 

local areas in which the enrollees intend to seek employment after graduation; 

(C) determine the skills and education that are necessary to obtain the employment opportunities; and 

(D) recommend to the Secretary the type of career 

and technical education and training that should be implemented at the center to enable the enrollees to obtain 

the employment opportunities; and 

(3) to meet at least once every 6 months to reevaluate 

the labor market information, and other relevant information, 

to determine, and recommend to the Secretary, any necessary 

changes in the career and technical education and training 

provided at the center. 

Establishment. 

Procedures. 

29 USC 3204. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1552 PUBLIC LAW 113–128—JULY 22, 2014 

(d) NEW CENTERS.—The workforce council for a Job Corps 

center that is not yet operating shall carry out the responsibilities 

described in subsection (c) at least 3 months prior to the date 

on which the center accepts the first enrollee at the center. 

SEC. 155. ADVISORY COMMITTEES. 

The Secretary may establish and use advisory committees in 

connection with the operation of the Job Corps program, and the 

operation of Job Corps centers, whenever the Secretary determines 

that the availability of outside advice and counsel on a regular 

basis would be of substantial benefit in identifying and overcoming 

problems, in planning program or center development, or in 

strengthening relationships between the Job Corps and agencies, 

institutions, or groups engaged in related activities. 

SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE. 

(a) PROJECTS.—The Secretary may carry out experimental, 

research, or demonstration projects relating to carrying out the 

Job Corps program. The Secretary may waive any provisions of 

this subtitle that the Secretary finds would prevent the Secretary 

from carrying out the projects if the Secretary informs the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions 

of the Senate, in writing, not less than 90 days in advance of 

issuing such waiver. 

(b) TECHNICAL ASSISTANCE.—From the funds provided under 

section 162 (for the purposes of administration), the Secretary may 

reserve 1⁄4 of 1 percent to provide, directly or through grants, 

contracts, or other agreements or arrangements as the Secretary 

considers appropriate, technical assistance for the Job Corps program for the purpose of improving program quality. Such assistance 

shall include— 

(1) assisting Job Corps centers and programs— 

(A) in correcting deficiencies under, and violations of, 

this subtitle; 

(B) in meeting or exceeding the expected levels of 

performance under section 159(c)(1) for the indicators of 

performance described in section 116(b)(2)(A); 

(C) in the development of sound management practices, 

including financial management procedures; and 

(2) assisting entities, including entities not currently operating a Job Corps center, in developing the additional selection 

factors information described in section 147(a)(3). 

SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW. 

(a) ENROLLEES NOT CONSIDERED TO BE FEDERAL EMPLOYEES.— 

(1) IN GENERAL.—Except as otherwise provided in this subsection and in section 8143(a) of title 5, United States Code, 

enrollees shall not be considered to be Federal employees and 

shall not be subject to the provisions of law relating to Federal 

employment, including such provisions regarding hours of work, 

rates of compensation, leave, unemployment compensation, and 

Federal employee benefits. 

(2) PROVISIONS RELATING TO TAXES AND SOCIAL SECURITY

BENEFITS.—For purposes of the Internal Revenue Code of 1986 

and title II of the Social Security Act (42 U.S.C. 401 et seq.), 

enrollees shall be deemed to be employees of the United States 

and any service performed by an individual as an enrollee 

29 USC 3207. 

Waiver authority. 

Deadline. 

29 USC 3206. 

29 USC 3205. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1553 

shall be deemed to be performed in the employ of the United 

States. 

(3) PROVISIONS RELATING TO COMPENSATION TO FEDERAL

EMPLOYEES FOR WORK INJURIES.—For purposes of subchapter 

I of chapter 81 of title 5, United States Code (relating to 

compensation to Federal employees for work injuries), enrollees 

shall be deemed to be civil employees of the Government of 

the United States within the meaning of the term ‘‘employee’’ 

as defined in section 8101 of title 5, United States Code, and 

the provisions of such subchapter shall apply as specified in 

section 8143(a) of title 5, United States Code. 

(4) FEDERAL TORT CLAIMS PROVISIONS.—For purposes of 

the Federal tort claims provisions in title 28, United States 

Code, enrollees shall be considered to be employees of the 

Government. 

(b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the Secretary 

finds a claim for damages to a person or property resulting from 

the operation of the Job Corps to be a proper charge against 

the United States, and the claim is not cognizable under section 

2672 of title 28, United States Code, the Secretary may adjust 

and settle the claim in an amount not exceeding $1,500. 

(c) PERSONNEL OF THE UNIFORMED SERVICES.—Personnel of 

the uniformed services who are detailed or assigned to duty in 

the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength 

under any law limiting the strength of such services or in computing 

the percentage authorized by law for any grade in such services. 

SEC. 158. SPECIAL PROVISIONS. 

(a) ENROLLMENT.—The Secretary shall ensure that women and 

men have an equal opportunity to participate in the Job Corps 

program, consistent with section 145. 

(b) STUDIES, EVALUATIONS, PROPOSALS, AND DATA.—The Secretary shall assure that all studies, evaluations, proposals, and 

data produced or developed with Federal funds in the course of 

carrying out the Job Corps program shall become the property 

of the United States. 

(c) TRANSFER OF PROPERTY.— 

(1) IN GENERAL.—Notwithstanding chapter 5 of title 40, 

United States Code, and any other provision of law, the Secretary and the Secretary of Education shall receive priority 

by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in paragraph (2) 

for use in carrying out programs under this Act or under 

any other Act. 

(2) PROPERTY.—The property described in this paragraph 

is real and personal property under the control of the Department of Defense that is not used by such Department, including 

property that the Secretary of Defense determines is in excess 

of current and projected requirements of such Department. 

(d) GROSS RECEIPTS.—Transactions conducted by a private forprofit or nonprofit entity that is an operator or service provider 

for a Job Corps center shall not be considered to be generating 

gross receipts. Such an operator or service provider shall not be 

liable, directly or indirectly, to any State or subdivision of a State 

(nor to any person acting on behalf of such a State or subdivision) 

for any gross receipts taxes, business privilege taxes measured 

Determination. 

29 USC 3208. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1554 PUBLIC LAW 113–128—JULY 22, 2014 

by gross receipts, or any similar taxes imposed on, or measured 

by, gross receipts in connection with any payments made to or 

by such entity for operating or providing services to a Job Corps 

center. Such an operator or service provider shall not be liable 

to any State or subdivision of a State to collect or pay any sales, 

excise, use, or similar tax imposed on the sale to or use by such 

operator or service provider of any property, service, or other item 

in connection with the operation of or provision of services to 

a Job Corps center. 

(e) MANAGEMENT FEE.—The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary) 

service provider with an equitable and negotiated management 

fee of not less than 1 percent of the amount of the funding provided 

under the appropriate agreement specified in section 147. 

(f) DONATIONS.—The Secretary may accept on behalf of the 

Job Corps or individual Job Corps centers charitable donations 

of cash or other assistance, including equipment and materials, 

if such donations are available for appropriate use for the purposes 

set forth in this subtitle. 

(g) SALE OF PROPERTY.—Notwithstanding any other provision 

of law, if the Administrator of General Services sells a Job Corps 

center facility, the Administrator shall transfer the proceeds from 

the sale to the Secretary, who shall use the proceeds to carry 

out the Job Corps program. 

SEC. 159. MANAGEMENT INFORMATION. 

(a) FINANCIAL MANAGEMENT INFORMATION SYSTEM.— 

(1) IN GENERAL.—The Secretary shall establish procedures 

to ensure that each operator, and each service provider, maintains a financial management information system that will 

provide— 

(A) accurate, complete, and current disclosures of the 

costs of Job Corps operations; and 

(B) sufficient data for the effective evaluation of activities carried out through the Job Corps program. 

(2) ACCOUNTS.—Each operator and service provider shall 

maintain funds received under this subtitle in accounts in 

a manner that ensures timely and accurate reporting as 

required by the Secretary. 

(3) FISCAL RESPONSIBILITY.—Operators shall remain fiscally 

responsible and control costs, regardless of whether the funds 

made available for Job Corps centers are incrementally 

increased or decreased between fiscal years. 

(b) AUDIT.— 

(1) ACCESS.—The Secretary, the Inspector General of the 

Department of Labor, the Comptroller General of the United 

States, and any of their duly authorized representatives, shall 

have access to any books, documents, papers, and records of 

the operators and service providers described in subsection 

(a) that are pertinent to the Job Corps program, for purposes 

of conducting surveys, audits, and evaluations of the operators 

and service providers. 

(2) SURVEYS, AUDITS, AND EVALUATIONS.—The Secretary 

shall survey, audit, or evaluate, or arrange for the survey, 

audit, or evaluation of, the operators and service providers, 

Time period. using Federal auditors or independent public accountants. The 

Procedures. 

29 USC 3209. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1555 

Secretary shall conduct such surveys, audits, or evaluations 

not less often than once every 3 years. 

(c) INFORMATION ON INDICATORS OF PERFORMANCE.— 

(1) LEVELS OF PERFORMANCE AND INDICATORS.—The Secretary shall annually establish expected levels of performance 

for a Job Corps center and the Job Corps program relating 

to each of the primary indicators of performance for eligible 

youth described in section 116(b)(2)(A)(ii). 

(2) PERFORMANCE OF RECRUITERS.—The Secretary shall also 

establish performance indicators, and expected levels of 

performance on the performance indicators, for recruitment 

service providers serving the Job Corps program. The performance indicators shall relate to— 

(A) the number of enrollees recruited, compared to 

the established goals for such recruitment, and the number 

of enrollees who remain committed to the program for 

90 days after enrollment; and 

(B) the measurements described in subparagraphs (I), 

(L), and (M) of subsection (d)(1). 

(3) PERFORMANCE OF CAREER TRANSITION SERVICE PROVIDERS.—The Secretary shall also establish performance indicators, and expected performance levels on the performance 

indicators, for career transition service providers serving the 

Job Corps program. The performance indicators shall relate 

to— 

(A) the primary indicators of performance for eligible 

youth described in section 116(b)(2)(A)(ii); and 

(B) the measurements described in subparagraphs (D), 

(E), (H), (J), and (K) of subsection (d)(1). 

(4) REPORT.—The Secretary shall collect, and annually 

submit to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate, a report 

including— 

(A) information on the performance of each Job Corps 

center, and the Job Corps program, based on the performance indicators described in paragraph (1), as compared 

to the expected level of performance established under 

such paragraph for each performance indicator; and 

(B) information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators established under such paragraphs, as compared to the expected level of performance established for 

each performance indicator. 

(d) ADDITIONAL INFORMATION.— 

(1) IN GENERAL.—The Secretary shall also collect, and 

submit in the report described in subsection (c)(4), information 

on the performance of each Job Corps center, and the Job 

Corps program, regarding— 

(A) the number of enrollees served; 

(B) demographic information on the enrollees served, 

including age, race, gender, and education and income level; 

(C) the number of graduates of a Job Corps center; 

(D) the number of graduates who entered the Armed 

Forces; 

(E) the number of graduates who entered apprenticeship programs; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1556 PUBLIC LAW 113–128—JULY 22, 2014 

(F) the number of graduates who received a regular 

secondary school diploma; 

(G) the number of graduates who received a State 

recognized equivalent of a secondary school diploma; 

(H) the number of graduates who entered unsubsidized 

employment related to the career and technical education 

and training received through the Job Corps program and 

the number who entered unsubsidized employment not 

related to the education and training received; 

(I) the percentage and number of former enrollees, 

including the number dismissed under the zero tolerance 

policy described in section 152(b); 

(J) the percentage and number of graduates who enter 

postsecondary education; 

(K) the average wage of graduates who enter unsubsidized employment— 

(i) on the first day of such employment; and 

(ii) on the day that is 6 months after such first 

day; 

(L) the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as compared to 

the percentage targets established by the Secretary under 

such section for the center; 

(M) the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a program 

year to the total budget for such center in the same program year; 

(N) the cost per graduate, which is calculated by comparing the number of graduates of the center in a program 

year compared to the total budget for such center in the 

same program year; and 

(O) any additional information required by the Secretary. 

(2) RULES FOR REPORTING OF DATA.—The disaggregation 

of data under this subsection shall not be required when the 

number of individuals in a category is insufficient to yield 

statistically reliable information or when the results would 

reveal personally identifiable information about an individual. 

(e) METHODS.—The Secretary shall collect the information 

described in subsections (c) and (d), using methods described in 

section 116(i)(2) and consistent with State law, by entering into 

agreements with the States to access such data for Job Corps 

enrollees, former enrollees, and graduates. 

(f) PERFORMANCE ASSESSMENTS AND IMPROVEMENTS.— 

(1) ASSESSMENTS.—The Secretary shall conduct an annual 

assessment of the performance of each Job Corps center. Based 

on the assessment, the Secretary shall take measures to 

continuously improve the performance of the Job Corps program. 

(2) PERFORMANCE IMPROVEMENT.—With respect to a Job 

Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified 

in subsection (c)(1), the Secretary shall develop and implement 

a performance improvement plan. Such a plan shall require 

action to be taken during a 1-year period, including— 

(A) providing technical assistance to the center; 

Time period. 

Plan. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1557 

(B) changing the career and technical education and 

training offered at the center; 

(C) changing the management staff of the center; 

(D) replacing the operator of the center; 

(E) reducing the capacity of the center; 

(F) relocating the center; or 

(G) closing the center. 

(3) ADDITIONAL PERFORMANCE IMPROVEMENT.—In addition 

to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional 

performance improvement plans. Such a plan shall require 

improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of 

performance described in such paragraph. 

(4) CIVILIAN CONSERVATION CENTERS.—With respect to a 

Civilian Conservation Center that fails to meet the expected 

levels of performance relating to the primary indicators of 

performance specified in subsection (c)(1) or fails to improve 

performance as described in paragraph (2) after 3 program 

years, the Secretary, in consultation with the Secretary of Agriculture, shall select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the 

requirements of section 147. 

(g) PARTICIPANT HEALTH AND SAFETY.— 

(1) CENTER.—The Secretary shall ensure that a review 

by an appropriate Federal, State, or local entity of the physical 

condition and health-related activities of each Job Corps center 

occurs annually. 

(2) WORK-BASED LEARNING LOCATIONS.—The Secretary 

shall require that an entity that has entered into a contract 

to provide work-based learning activities for any Job Corps 

enrollee under this subtitle shall comply with the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or, 

as appropriate, under the corresponding State Occupational 

Safety and Health Act of 1970 requirements in the State in 

which such activities occur. 

(h) BUILDINGS AND FACILITIES.—The Secretary shall collect, 

and submit in the report described in subsection (c)(4), information 

regarding the state of Job Corps buildings and facilities. Such 

report shall include— 

(1) a review of requested construction, rehabilitation, and 

acquisition projects, by each Job Corps center; and 

(2) a review of new facilities under construction. 

(i) NATIONAL AND COMMUNITY SERVICE.—The Secretary shall 

include in the report described in subsection (c)(4) available information regarding the national and community service activities of 

enrollees, particularly those enrollees at Civilian Conservation Centers. 

(j) CLOSURE OF JOB CORPS CENTER.—Prior to the closure of 

any Job Corps center, the Secretary shall ensure— 

(1) that the proposed decision to close the center is 

announced in advance to the general public through publication 

in the Federal Register or other appropriate means; 

(2) the establishment of a reasonable comment period, not 

to exceed 30 days, for interested individuals to submit written 

comments to the Secretary; and 

Public 

information. 

Federal Register, 

publication. 

Review. 

Compliance. 

Review. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1558 PUBLIC LAW 113–128—JULY 22, 2014 

(3) that the Member of Congress who represents the district 

in which such center is located is notified within a reasonable 

period of time in advance of any final decision to close the 

center. 

SEC. 160. GENERAL PROVISIONS. 

The Secretary is authorized to— 

(1) disseminate, with regard to the provisions of section 

3204 of title 39, United States Code, data and information 

in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general 

public; 

(2) subject to section 157(b), collect or compromise all 

obligations to or held by the Secretary and exercise all legal 

or equitable rights accruing to the Secretary in connection 

with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or 

collection; and 

(3) expend funds made available for purposes of this subtitle— 

(A) for printing and binding, in accordance with 

applicable law (including regulation); and 

(B) without regard to any other law (including regulation), for rent of buildings and space in buildings and 

for repair, alteration, and improvement of buildings and 

space in buildings rented by the Secretary, except that 

the Secretary shall not expend funds under the authority 

of this subparagraph— 

(i) except when necessary to obtain an item, 

service, or facility, that is required in the proper 

administration of this subtitle, and that otherwise 

could not be obtained, or could not be obtained in 

the quantity or quality needed, or at the time, in 

the form, or under the conditions in which the item, 

service, or facility is needed; and 

(ii) prior to having given written notification to 

the Administrator of General Services (if the expenditure would affect an activity that otherwise would be 

under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the 

expenditure, and the reasons and justifications for the 

expenditure. 

SEC. 161. JOB CORPS OVERSIGHT AND REPORTING. 

(a) TEMPORARY FINANCIAL REPORTING.— 

(1) IN GENERAL.—During the periods described in paragraphs (2) and (3)(B), the Secretary shall prepare and submit 

to the applicable committees financial reports regarding the 

Job Corps program under this subtitle. Each such financial 

report shall include— 

(A) information regarding the implementation of the 

financial oversight measures suggested in the May 31, 

2013, report of the Office of Inspector General of the 

Department of Labor entitled ‘‘The U.S. Department of 

Labor’s Employment and Training Administration Needs 

to Strengthen Controls over Job Corps Funds’’; 

29 USC 3211. 

Determination. 

29 USC 3210. 

Notification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1559 

(B) a description of any budgetary shortfalls for the 

program for the period covered by the financial report, 

and the reasons for such shortfalls; and 

(C) a description and explanation for any approval 

for contract expenditures that are in excess of the amounts 

provided for under the contract. 

(2) TIMING OF REPORTS.—The Secretary shall submit a 

financial report under paragraph (1) once every 6 months beginning on the date of enactment of this Act, for a 3-year period. 

After the completion of such 3-year period, the Secretary shall 

submit a financial report under such paragraph once a year 

for the next 2 years, unless additional reports are required 

under paragraph (3)(B). 

(3) REPORTING REQUIREMENTS IN CASES OF BUDGETARY

SHORTFALLS.—If any financial report required under this subsection finds that the Job Corps program under this subtitle 

has a budgetary shortfall for the period covered by the report, 

the Secretary shall— 

(A) not later than 90 days after the budgetary shortfall 

was identified, submit a report to the applicable committees 

explaining how the budgetary shortfall will be addressed; 

and 

(B) submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding 

of the budgetary shortfall until the Secretary demonstrates, 

through such report, that the Job Corps program has no 

budgetary shortfall. 

(b) THIRD-PARTY REVIEW.—Every 5 years after the date of enactment of this Act, the Secretary shall provide for a third-party 

review of the Job Corps program under this subtitle that addresses 

all of the areas described in subparagraphs (A) through (G) of 

section 169(a)(2). The results of the review shall be submitted 

to the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

(c) CRITERIA FOR JOB CORPS CENTER CLOSURES.—By not later 

than December 1, 2014, the Secretary shall establish written criteria 

that the Secretary shall use to determine when a Job Corps center 

supported under this subtitle is to be closed and how to carry 

out such closure, and shall submit such criteria to the applicable 

committees. 

(d) DEFINITION OF APPLICABLE COMMITTEES.—In this section, 

the term ‘‘applicable committees’’ means— 

(1) the Committee on Education and the Workforce of the 

House of Representatives; 

(2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of 

Appropriations of the House of Representatives; 

(3) the Committee on Health, Education, Labor, and Pensions of the Senate; and 

(4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of 

Appropriations of the Senate. 

SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this subtitle— 

29 USC 3212. 

Deadline. 

Determination. 

Deadline. 

Effective date. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1560 PUBLIC LAW 113–128—JULY 22, 2014 

(1) $1,688,155,000 for fiscal year 2015; 

(2) $1,818,548,000 for fiscal year 2016; 

(3) $1,856,283,000 for fiscal year 2017; 

(4) $1,897,455,000 for fiscal year 2018; 

(5) $1,942,064,000 for fiscal year 2019; and 

(6) $1,983,236,000 for fiscal year 2020. 

Subtitle D—National Programs 

SEC. 166. NATIVE AMERICAN PROGRAMS. 

(a) PURPOSE.— (1) IN GENERAL.—The purpose of this section is to support 

employment and training activities for Indian, Alaska Native, 

and Native Hawaiian individuals in order— 

(A) to develop more fully the academic, occupational, 

and literacy skills of such individuals; 

(B) to make such individuals more competitive in the 

workforce and to equip them with the entrepreneurial skills 

necessary for successful self-employment; and 

(C) to promote the economic and social development 

of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such 

communities. 

(2) INDIAN POLICY.—All programs assisted under this section shall be administered in a manner consistent with the 

principles of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450 et seq.) and the governmentto-government relationship between the Federal Government 

and Indian tribal governments. 

(b) DEFINITIONS.—As used in this section: 

(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ includes 

a Native and a descendant of a Native, as such terms are 

defined in subsections (b) and (r) of section 3 of the Alaska 

Native Claims Settlement Act (43 U.S.C. 1602(b), (r)). 

(2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—The 

terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have 

the meanings given such terms in subsections (d), (e), and 

(l), respectively, of section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(3) NATIVE HAWAIIAN AND NATIVE HAWAIIAN ORGANIZATION.—The terms ‘‘Native Hawaiian’’ and ‘‘Native Hawaiian 

organization’’ have the meanings given such terms in section 

7207 of the Native Hawaiian Education Act (20 U.S.C. 7517). 

(c) PROGRAM AUTHORIZED.—Every 4 years, the Secretary shall, 

on a competitive basis, make grants to, or enter into contracts 

or cooperative agreements with, Indian tribes, tribal organizations, 

Alaska Native entities, Indian-controlled organizations serving 

Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d). 

(d) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Funds made available under subsection 

(c) shall be used to carry out the activities described in paragraph (2) that— 

(A) are consistent with this section; and 

(B) are necessary to meet the needs of Indians, Alaska 

Natives, or Native Hawaiians preparing to enter, reenter, 

Deadline. 

Grants. 

Contracts. 

29 USC 3221. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1561 

or retain unsubsidized employment leading to self-sufficiency. 

(2) WORKFORCE DEVELOPMENT ACTIVITIES AND SUPPLEMENTAL SERVICES.— (A) IN GENERAL.—Funds made available under subsection (c) shall be used for— 

(i) comprehensive workforce development activities 

for Indians, Alaska Natives, or Native Hawaiians, 

including training on entrepreneurial skills; or 

(ii) supplemental services for Indian, Alaska 

Native, or Native Hawaiian youth on or near Indian 

reservations and in Oklahoma, Alaska, or Hawaii. 

(B) SPECIAL RULE.—Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training 

Partnership Act (as such section was in effect on the day 

before the date of enactment of the Workforce Investment 

Act of 1998) shall be eligible to participate in an activity 

assisted under this section. 

(e) PROGRAM PLAN.—In order to receive a grant or enter into 

a contract or cooperative agreement under this section, an entity 

described in subsection (c) shall submit to the Secretary a program 

plan that describes a 4-year strategy for meeting the needs of 

Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall— 

(1) be consistent with the purpose of this section; 

(2) identify the population to be served; 

(3) identify the education and employment needs of the 

population to be served and the manner in which the activities 

to be provided will strengthen the ability of the individuals 

served to obtain or retain unsubsidized employment leading 

to self-sufficiency; 

(4) describe the activities to be provided and the manner 

in which such activities are to be integrated with other appropriate activities; and 

(5) describe, after the entity submitting the plan consults 

with the Secretary, the performance accountability measures 

to be used to assess the performance of entities in carrying 

out the activities assisted under this section, which shall 

include the primary indicators of performance described in section 116(b)(2)(A) and expected levels of performance for such 

indicators, in accordance with subsection (h). 

(f) CONSOLIDATION OF FUNDS.—Each entity receiving assistance 

under subsection (c) may consolidate such assistance with assistance 

received from related programs in accordance with the provisions 

of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.). 

(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing 

in this section shall be construed— 

(1) to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State 

or local entity under this Act; or 

(2) to preclude or discourage any agreement, between any 

entity described in subsection (c) and any State or local entity, 

to facilitate the provision of services by such entity or to the 

population served by such entity. 

(h) PERFORMANCE ACCOUNTABILITY MEASURES.— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1562 PUBLIC LAW 113–128—JULY 22, 2014 

(1) ADDITIONAL PERFORMANCE INDICATORS AND STAND- ARDS.— (A) DEVELOPMENT OF INDICATORS AND STANDARDS.— 

The Secretary, in consultation with the Native American 

Employment and Training Council, shall develop a set 

of performance indicators and standards that is in addition 

to the primary indicators of performance described in section 116(b)(2)(A) and that shall be applicable to programs 

under this section. 

(B) SPECIAL CONSIDERATIONS.—Such performance 

indicators and standards shall take into account— 

(i) the purpose of this section as described in subsection (a)(1); 

(ii) the needs of the groups served by this section, 

including the differences in needs among such groups 

in various geographic service areas; and 

(iii) the economic circumstances of the communities 

served, including differences in circumstances among 

various geographic service areas. 

(2) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.— 

The Secretary and the entity described in subsection (c) shall 

reach agreement on the levels of performance for each of the 

primary indicators of performance described in section 

116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors 

and using, to the extent practicable, the statistical adjustment 

model under section 116(b)(3)(A)(viii). The levels agreed to shall 

be the adjusted levels of performance and shall be incorporated 

in the program plan. 

(i) ADMINISTRATIVE PROVISIONS.— 

(1) ORGANIZATIONAL UNIT ESTABLISHED.—The Secretary 

shall designate a single organizational unit within the Department of Labor that shall have primary responsibility for the 

administration of the activities authorized under this section. 

(2) REGULATIONS.—The Secretary shall consult with the 

entities described in subsection (c) in— 

(A) establishing regulations to carry out this section, 

including regulations relating to the performance accountability measures for entities receiving assistance under 

this section; and 

(B) developing a funding distribution plan that takes 

into consideration previous levels of funding (prior to the 

date of enactment of this Act) to such entities. 

(3) WAIVERS.— 

(A) IN GENERAL.—With respect to an entity described 

in subsection (c), the Secretary, notwithstanding any other 

provision of law, may, pursuant to a request submitted 

by such entity that meets the requirements established 

under subparagraph (B), waive any of the statutory or 

regulatory requirements of this title that are inconsistent 

with the specific needs of the entity described in such 

subsection, except that the Secretary may not waive 

requirements relating to wage and labor standards, worker 

rights, participation and protection of workers and participants, grievance procedures, and judicial review. 

(B) REQUEST AND APPROVAL.—An entity described in 

subsection (c) that requests a waiver under subparagraph 

Plan. 

Consultation. 

Consultation. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1563 

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

program of workforce investment activities carried out by 

the entity, which plan shall meet the requirements established by the Secretary and shall be generally consistent 

with the requirements of section 189(i)(3)(B). 

(4) ADVISORY COUNCIL.— 

(A) IN GENERAL.—Using funds made available to carry 

out this section, the Secretary shall establish a Native 

American Employment and Training Council to facilitate 

the consultation described in paragraph (2) and to provide 

the advice described in subparagraph (C). 

(B) COMPOSITION.—The Council shall be composed of 

individuals, appointed by the Secretary, who are representatives of the entities described in subsection (c). 

(C) DUTIES.—The Council shall advise the Secretary 

on the operation and administration of the programs 

assisted under this section, including the selection of the 

individual appointed as head of the unit established under 

paragraph (1). 

(D) PERSONNEL MATTERS.— 

(i) COMPENSATION OF MEMBERS.—Members of the 

Council shall serve without compensation. 

(ii) TRAVEL EXPENSES.—The members of the 

Council shall be allowed travel expenses, including 

per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 

57 of title 5, United States Code, while away from 

their homes or regular places of business in the 

performance of services for the Council. 

(iii) ADMINISTRATIVE SUPPORT.—The Secretary 

shall provide the Council with such administrative support as may be necessary to perform the functions 

of the Council. 

(E) CHAIRPERSON.—The Council shall select a chairperson from among its members. 

(F) MEETINGS.—The Council shall meet not less than 

twice each year. 

(G) APPLICATION.—Section 14 of the Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to the 

Council. 

(5) TECHNICAL ASSISTANCE.—The Secretary, acting through 

the unit established under paragraph (1), is authorized to provide technical assistance to entities described in subsection 

(c) that receive assistance under such subsection to enable 

such entities to improve the activities authorized under this 

section that are provided by such entities. 

(6) AGREEMENT FOR CERTAIN FEDERALLY RECOGNIZED

INDIAN TRIBES TO TRANSFER FUNDS TO THE PROGRAM.—A federally recognized Indian tribe that administers funds provided 

under this section and funds provided by more than one State 

under other sections of this title may enter into an agreement 

with the Secretary and the Governors of the affected States 

to transfer the funds provided by the States to the program 

administered by the tribe under this section. 

Establishment. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1564 PUBLIC LAW 113–128—JULY 22, 2014 

(j) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED

REQUIREMENT.—Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code, 

and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. 

(k) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA AND

HAWAII.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary is authorized to award grants, on a competitive basis, to entities with demonstrated experience and expertise in developing and implementing programs for the unique 

populations who reside in Alaska or Hawaii, including public 

and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institutions of higher 

education, or consortia of such organizations or institutions, 

to improve job training and workforce investment activities 

for such unique populations. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection— 

(A) $461,000 for fiscal year 2015; 

(B) $497,000 for fiscal year 2016; 

(C) $507,000 for fiscal year 2017; 

(D) $518,000 for fiscal year 2018; 

(E) $530,000 for fiscal year 2019; and 

(F) $542,000 for fiscal year 2020. 

SEC. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS. 

(a) IN GENERAL.—Every 4 years, the Secretary shall, on a 

competitive basis, make grants to, or enter into contracts with, 

eligible entities to carry out the activities described in subsection 

(d). 

(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant or 

enter into a contract under this section, an entity shall have an 

understanding of the problems of eligible migrant and seasonal 

farmworkers (including dependents), a familiarity with the area 

to be served, and the ability to demonstrate a capacity to administer 

and deliver effectively a diversified program of workforce investment 

activities (including youth workforce investment activities) and 

related assistance for eligible migrant and seasonal farmworkers. 

(c) PROGRAM PLAN.— 

(1) IN GENERAL.—To be eligible to receive a grant or enter 

into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes 

a 4-year strategy for meeting the needs of eligible migrant 

and seasonal farmworkers in the area to be served by such 

entity. 

(2) CONTENTS.—Such plan shall— 

(A) describe the population to be served and identify 

the education and employment needs of the population 

to be served and the manner in which the services to 

be provided will strengthen the ability of the eligible 

migrant and seasonal farmworkers and dependents to 

obtain or retain unsubsidized employment, or stabilize their 

unsubsidized employment, including upgraded employment 

in agriculture; 

Grants. 

Contracts. 

29 USC 3222. 

Deadline. 

Grants. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1565 

(B) describe the related assistance and supportive services to be provided and the manner in which such assistance and services are to be integrated and coordinated 

with other appropriate services; 

(C) describe the performance accountability measures 

to be used to assess the performance of such entity in 

carrying out the activities assisted under this section, which 

shall include the expected levels of performance for the 

primary indicators of performance described in section 

116(b)(2)(A); 

(D) describe the availability and accessibility of local 

resources, such as supportive services, services provided 

through one-stop delivery systems, and education and 

training services, and how the resources can be made available to the population to be served; and 

(E) describe the plan for providing services under this 

section, including strategies and systems for outreach, 

career planning, assessment, and delivery through onestop delivery systems. 

(3) AGREEMENT ON ADJUSTED LEVELS OF PERFORMANCE.— 

The Secretary and the entity described in subsection (b) shall 

reach agreement on the levels of performance for each of the 

primary indicators of performance described in section 

116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, 

and using, to the extent practicable, the statistical adjustment 

model under section 116(b)(3)(A)(viii). The levels agreed to shall 

be the adjusted levels of performance and shall be incorporated 

in the program plan. 

(4) ADMINISTRATION.—Grants and contracts awarded under 

this section shall be centrally administered by the Department 

of Labor and competitively awarded by the Secretary using 

procedures consistent with standard Federal Government 

competitive procurement policies. 

(d) AUTHORIZED ACTIVITIES.—Funds made available under this 

section and section 127(a)(1) shall be used to carry out workforce 

investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal 

farmworkers, which may include— 

(1) outreach, employment, training, educational assistance, 

literacy assistance, English language and literacy instruction, 

pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities; 

(2) followup services for those individuals placed in employment; 

(3) self-employment and related business or micro-enterprise development or education as needed by eligible individuals 

as identified pursuant to the plan required by subsection (c); 

(4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and 

long-term employment in agriculture or another area; and 

(5) technical assistance to improve coordination of services 

and implement best practices relating to service delivery 

through one-stop delivery systems. 

(e) CONSULTATION WITH GOVERNORS AND LOCAL BOARDS.—In 

making grants and entering into contracts under this section, the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1566 PUBLIC LAW 113–128—JULY 22, 2014 

Secretary shall consult with the Governors and local boards of 

the States in which the eligible entities will carry out the activities 

described in subsection (d). 

(f) REGULATIONS.—The Secretary shall consult with eligible 

migrant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations 

relating to how economic and demographic barriers to employment 

of eligible migrant and seasonal farmworkers should be considered 

and included in the negotiations leading to the adjusted levels 

of performance described in subsection (c)(3). 

(g) COMPLIANCE WITH SINGLE AUDIT REQUIREMENTS; RELATED

REQUIREMENT.—Grants made and contracts entered into under this 

section shall be subject to the requirements of chapter 75 of subtitle 

V of title 31, United States Code and charging of costs under 

this section shall be subject to appropriate circulars issued by 

the Office of Management and Budget. 

(h) FUNDING ALLOCATION.—From the funds appropriated and 

made available to carry out this section, the Secretary shall reserve 

not more than 1 percent for discretionary purposes, such as providing technical assistance to eligible entities. 

(i) DEFINITIONS.—In this section: 

(1) ELIGIBLE MIGRANT AND SEASONAL FARMWORKERS.—The 

term ‘‘eligible migrant and seasonal farmworkers’’ means 

individuals who are eligible migrant farmworkers or are eligible 

seasonal farmworkers. 

(2) ELIGIBLE MIGRANT FARMWORKER.—The term ‘‘eligible 

migrant farmworker’’ means— 

(A) an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to 

a job site such that the farmworker is unable to return 

to a permanent place of residence within the same day; 

and 

(B) a dependent of the farmworker described in 

subparagraph (A). 

(3) ELIGIBLE SEASONAL FARMWORKER.—The term ‘‘eligible 

seasonal farmworker’’ means— 

(A) a low-income individual who— 

(i) for 12 consecutive months out of the 24 months 

prior to application for the program involved, has been 

primarily employed in agricultural or fish farming 

labor that is characterized by chronic unemployment 

or underemployment; and 

(ii) faces multiple barriers to economic self-sufficiency; and 

(B) a dependent of the person described in subparagraph (A). 

SEC. 168. TECHNICAL ASSISTANCE. 

(a) GENERAL TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary shall ensure that the 

Department has sufficient capacity to, and does, provide, coordinate, and support the development of, appropriate training, 

technical assistance, staff development, and other activities, 

including— 

(A) assistance in replicating programs of demonstrated 

effectiveness, to States and localities; 

29 USC 3223. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1567 

(B) the training of staff providing rapid response services; 

(C) the training of other staff of recipients of funds 

under this title, including the staff of local boards and 

State boards; 

(D) the training of members of State boards and local 

boards; 

(E) assistance in the development and implementation 

of integrated, technology-enabled intake and case management information systems for programs carried out under 

this Act and programs carried out by one-stop partners, 

such as standard sets of technical requirements for the 

systems, offering interfaces that States could use in 

conjunction with their current (as of the first date of 

implementation of the systems) intake and case management information systems that would facilitate shared registration across programs; 

(F) assistance regarding accounting and program operations to States and localities (when such assistance would 

not supplant assistance provided by the State); 

(G) peer review activities under this title; and 

(H) in particular, assistance to States in making transitions to implement the provisions of this Act. 

(2) FORM OF ASSISTANCE.— 

(A) IN GENERAL.—In order to carry out paragraph (1) 

on behalf of a State or recipient of financial assistance 

under section 166 or 167, the Secretary, after consultation 

with the State or grant recipient, may award grants or 

enter into contracts or cooperative agreements. 

(B) LIMITATION.—Grants or contracts awarded under 

paragraph (1) to entities other than States or local units 

of government that are for amounts in excess of $100,000 

shall only be awarded on a competitive basis. 

(b) DISLOCATED WORKER TECHNICAL ASSISTANCE.— 

(1) AUTHORITY.—Of the amounts available pursuant to section 132(a)(2)(A), the Secretary shall reserve not more than 

5 percent of such amounts to provide technical assistance to 

States that do not meet the State performance accountability 

measures for the primary indicators of performance described 

in section 116(b)(2)(A)(i) with respect to employment and 

training activities for dislocated workers. Using such reserved 

funds, the Secretary may provide such assistance to other 

States, local areas, and other entities involved in providing 

assistance to dislocated workers, to promote the continuous 

improvement of assistance provided to dislocated workers, 

under this title. 

(2) TRAINING.—Amounts reserved under this subsection 

may be used to provide for the training of staff, including 

specialists, who provide rapid response services. Such training 

shall include instruction in proven methods of promoting, establishing, and assisting labor-management committees. Such 

projects shall be administered through the Employment and 

Training Administration of the Department. 

(c) PROMISING AND PROVEN PRACTICES COORDINATION.—The 

Secretary shall— 

(1) establish a system through which States may share 

information regarding promising and proven practices with 

Grants. 

Contracts. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1568 PUBLIC LAW 113–128—JULY 22, 2014 

regard to the operation of workforce investment activities under 

this Act; 

(2) evaluate and disseminate information regarding such 

promising and proven practices and identify knowledge gaps; 

and 

(3) commission research under section 169(b) to address 

knowledge gaps identified under paragraph (2). 

SEC. 169. EVALUATIONS AND RESEARCH. 

(a) EVALUATIONS.— (1) EVALUATIONS OF PROGRAMS AND ACTIVITIES CARRIED

OUT UNDER THIS TITLE.— (A) IN GENERAL.—For the purpose of improving the 

management and effectiveness of programs and activities 

carried out under this title, the Secretary, through grants, 

contracts, or cooperative agreements, shall provide for the 

continuing evaluation of the programs and activities under 

this title, including those programs and activities carried 

out under this section. 

(B) PERIODIC INDEPENDENT EVALUATION.—The evaluations carried out under this paragraph shall include an 

independent evaluation, at least once every 4 years, of 

the programs and activities carried out under this title. 

(2) EVALUATION SUBJECTS.—Each evaluation carried out 

under paragraph (1) shall address— 

(A) the general effectiveness of such programs and 

activities in relation to their cost, including the extent 

to which the programs and activities— 

(i) improve the employment competencies of 

participants in comparison to comparably-situated 

individuals who did not participate in such programs 

and activities; and 

(ii) to the extent feasible, increase the level of 

total employment over the level that would have 

existed in the absence of such programs and activities; 

(B) the effectiveness of the performance accountability 

measures relating to such programs and activities; 

(C) the effectiveness of the structure and mechanisms 

for delivery of services through such programs and activities, including the coordination and integration of services 

through such programs and activities; 

(D) the impact of such programs and activities on 

the community, businesses, and participants involved; 

(E) the impact of such programs and activities on 

related programs and activities; 

(F) the extent to which such programs and activities 

meet the needs of various demographic groups; and 

(G) such other factors as may be appropriate. 

(3) EVALUATIONS OF OTHER PROGRAMS AND ACTIVITIES.— 

The Secretary may conduct evaluations of other federally 

funded employment-related programs and activities under other 

provisions of law. 

(4) TECHNIQUES.—Evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and 

research designs, including the use of control groups chosen 

by scientific random assignment methodologies. The Secretary 

shall conduct at least 1 multisite control group evaluation under 

29 USC 3224. 

Research. 

Evaluation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1569 

this subsection by the end of fiscal year 2019, and thereafter 

shall ensure that such an analysis is included in the independent evaluation described in paragraph (1)(B) that is conducted at least once every 4 years. 

(5) REPORTS.—The entity carrying out an evaluation 

described in paragraph (1) or (2) shall prepare and submit 

to the Secretary a draft report and a final report containing 

the results of the evaluation. 

(6) REPORTS TO CONGRESS.—Not later than 30 days after 

the completion of a draft report under paragraph (5), the Secretary shall transmit the draft report to the Committee on 

Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor and Pensions 

of the Senate. Not later than 60 days after the completion 

of a final report under such paragraph, the Secretary shall 

transmit the final report to such committees. 

(7) PUBLIC AVAILABILITY.—Not later than 30 days after 

the date the Secretary transmits the final report as described 

in paragraph (6), the Secretary shall make that final report 

available to the general public on the Internet, on the Web 

site of the Department of Labor. 

(8) PUBLICATION OF REPORTS.—If an entity that enters into 

a contract or other arrangement with the Secretary to conduct 

an evaluation of a program or activity under this subsection 

requests permission from the Secretary to publish a report 

resulting from the evaluation, such entity may publish the 

report unless the Secretary denies the request during the 90- 

day period beginning on the date the Secretary receives such 

request. 

(9) COORDINATION.—The Secretary shall ensure the 

coordination of evaluations carried out by States pursuant to 

section 116(e) with the evaluations carried out under this subsection. 

(b) RESEARCH, STUDIES, AND MULTISTATE PROJECTS.— 

(1) IN GENERAL.—After consultation with States, localities, 

and other interested parties, the Secretary shall, every 2 years, 

publish in the Federal Register, a plan that describes the 

research, studies, and multistate project priorities of the 

Department of Labor concerning employment and training for 

the 5-year period following the submission of the plan. The 

plan shall be consistent with the purposes of this title, including 

the purpose of aligning and coordinating core programs with 

other one-stop partner programs. Copies of the plan shall be 

transmitted to the Committee on Education and the Workforce 

of the House of Representatives, the Committee on Health, 

Education, Labor, and Pensions of the Senate, the Department 

of Education, and other relevant Federal agencies. 

(2) FACTORS.—The plan published under paragraph (1) 

shall contain strategies to address national employment and 

training problems and take into account factors such as— 

(A) the availability of existing research (as of the date 

of the publication); 

(B) the need to ensure results that have interstate 

validity; 

(C) the benefits of economies of scale and the efficiency 

of proposed projects; and 

Consultation. 

Time periods. 

Federal Register, 

publication. 

Plan. 

Time period. 

Effective date. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1570 PUBLIC LAW 113–128—JULY 22, 2014 

(D) the likelihood that the results of the projects will 

be useful to policymakers and stakeholders in addressing 

employment and training problems. 

(3) RESEARCH PROJECTS.—The Secretary shall, through 

grants or contracts, carry out research projects that will contribute to the solution of employment and training problems 

in the United States and that are consistent with the priorities 

specified in the plan published under paragraph (1). 

(4) STUDIES AND REPORTS.— 

(A) NET IMPACT STUDIES AND REPORTS.—The Secretary 

of Labor, in coordination with the Secretary of Education 

and other relevant Federal agencies, may conduct studies 

to determine the net impact and best practices of programs, 

services, and activities carried out under this Act. 

(B) STUDY ON RESOURCES AVAILABLE TO ASSIST DISCONNECTED YOUTH.—The Secretary of Labor, in coordination 

with the Secretary of Education, may conduct a study 

examining the characteristics of eligible youth that result 

in such youth being significantly disconnected from education and workforce participation, the ways in which such 

youth could have greater opportunities for education attainment and obtaining employment, and the resources available to assist such youth in obtaining the skills, credentials, 

and work experience necessary to become economically selfsufficient. 

(C) STUDY OF EFFECTIVENESS OF WORKFORCE DEVELOPMENT SYSTEM IN MEETING BUSINESS NEEDS.—Using funds 

available to carry out this subsection jointly with funds 

available to the Secretary of Commerce, the Administrator 

of the Small Business Administration, and the Secretary 

of Education, the Secretary of Labor, in coordination with 

the Secretary of Commerce, the Administrator of the Small 

Business Administration, and the Secretary of Education, 

may conduct a study of the effectiveness of the workforce 

development system in meeting the needs of business, such 

as through the use of industry or sector partnerships, with 

particular attention to the needs of small business, 

including in assisting workers to obtain the skills needed 

to utilize emerging technologies. 

(D) STUDY ON PARTICIPANTS ENTERING NONTRADITIONAL

OCCUPATIONS.—The Secretary of Labor, in coordination 

with the Secretary of Education, may conduct a study 

examining the number and percentage of individuals who 

receive employment and training activities and who enter 

nontraditional occupations, successful strategies to place 

and support the retention of individuals in nontraditional 

employment (such as by providing post-placement assistance to participants in the form of exit interviews, mentoring, networking, and leadership development), and the 

degree to which recipients of employment and training 

activities are informed of the possibility of, or directed 

to begin, training or education needed for entrance into 

nontraditional occupations. 

(E) STUDY ON PERFORMANCE INDICATORS.—The Secretary of Labor, in coordination with the Secretary of Education, may conduct studies to determine the feasibility 

Grants. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1571 

of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data 

available through wage records, for potential use as a 

performance indicator. 

(F) STUDY ON JOB TRAINING FOR RECIPIENTS OF PUBLIC

HOUSING ASSISTANCE.—The Secretary of Labor, in coordination with the Secretary of Housing and Urban Development, may conduct studies to assist public housing authorities to provide, to recipients of public housing assistance, 

job training programs that successfully upgrade job skills 

and employment in, and access to, jobs with opportunity 

for advancement and economic self-sufficiency for such 

recipients. 

(G) STUDY ON IMPROVING EMPLOYMENT PROSPECTS FOR

OLDER INDIVIDUALS.—The Secretary of Labor, in coordination with the Secretary of Education and the Secretary 

of Health and Human Services, may conduct studies that 

lead to better design and implementation of, in conjunction 

with employers, local boards or State boards, community 

colleges or area career and technical education schools, 

and other organizations, effective evidence-based strategies 

to provide services to workers who are low-income, lowskilled older individuals that increase the workers’ skills 

and employment prospects. 

(H) STUDY ON PRIOR LEARNING.—The Secretary of 

Labor, in coordination with other heads of Federal agencies, 

as appropriate, may conduct studies that, through convening stakeholders from the fields of education, workforce, 

business, labor, defense, and veterans services, and experts 

in such fields, develop guidelines for assessing, accounting 

for, and utilizing the prior learning of individuals, including 

dislocated workers and veterans, in order to provide the 

individuals with postsecondary educational credit for such 

prior learning that leads to the attainment of a recognized 

postsecondary credential identified under section 122(d) 

and employment. 

(I) STUDY ON CAREER PATHWAYS FOR HEALTH CARE PROVIDERS AND PROVIDERS OF EARLY EDUCATION AND CHILD

CARE.—The Secretary of Labor, in coordination with the 

Secretary of Education and the Secretary of Health and 

Human Services, shall conduct a multistate study to 

develop, implement, and build upon career advancement 

models and practices for low-wage health care providers 

or providers of early education and child care, including 

faculty education and distance education programs. 

(J) STUDY ON EQUIVALENT PAY.—The Secretary shall 

conduct a multistate study to develop and disseminate 

strategies for ensuring that programs and activities carried 

out under this Act are placing individuals in jobs, education, and training that lead to equivalent pay for men 

and women, including strategies to increase the participation of women in high-wage, high-demand occupations in 

which women are underrepresented. 

(K) REPORTS.—The Secretary shall prepare and 

disseminate to the Committee on Health, Education, Labor, 

Coordination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1572 PUBLIC LAW 113–128—JULY 22, 2014 

and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, 

and to the public, including through electronic means, 

reports containing the results of the studies conducted 

under this paragraph. 

(5) MULTISTATE PROJECTS.— (A) AUTHORITY.—The Secretary may, through grants 

or contracts, carry out multistate projects that require demonstrated expertise that is available at the national level 

to effectively disseminate best practices and models for 

implementing employment and training services, address 

the specialized employment and training needs of particular service populations, or address industry-wide skill 

shortages, to the extent such projects are consistent with 

the priorities specified in the plan published under paragraph (1). 

(B) DESIGN OF GRANTS.—Agreements for grants or contracts awarded under this paragraph shall be designed 

to obtain information relating to the provision of services 

under different economic conditions or to various demographic groups in order to provide guidance at the national 

and State levels about how best to administer specific 

employment and training services. 

(6) LIMITATIONS.— 

(A) COMPETITIVE AWARDS.—A grant or contract 

awarded for carrying out a project under this subsection 

in an amount that exceeds $100,000 shall be awarded 

only on a competitive basis, except that a noncompetitive 

award may be made in the case of a project that is funded 

jointly with other public or private sector entities that 

provide a substantial portion of assistance under the grant 

or contract for the project. 

(B) TIME LIMITS.—A grant or contract shall not be 

awarded under this subsection to the same organization 

for more than 3 consecutive years unless such grant or 

contract is competitively reevaluated within such period. 

(C) PEER REVIEW.— 

(i) IN GENERAL.—The Secretary shall utilize a peer 

review process— 

(I) to review and evaluate all applications for 

grants in amounts that exceed $500,000 that are 

submitted under this section; and 

(II) to review and designate exemplary and 

promising programs under this section. 

(ii) AVAILABILITY OF FUNDS.—The Secretary is 

authorized to use funds provided under this section 

to carry out peer review activities under this subparagraph. 

(D) PRIORITY.—In awarding grants or contracts under 

this subsection, priority shall be provided to entities with 

recognized expertise in the methods, techniques, and 

knowledge of workforce investment activities. The Secretary shall establish appropriate time limits for the duration of such projects. 

(c) DISLOCATED WORKER PROJECTS.—Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the 

Secretary shall use not more than 10 percent of such amount 

Grants. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1573 

to carry out demonstration and pilot projects, multiservice projects, 

and multistate projects relating to the employment and training 

needs of dislocated workers. Of the requirements of this section, 

such projects shall be subject only to the provisions relating to 

review and evaluation of applications under subsection (b)(6)(C). 

Such projects may include demonstration and pilot projects relating 

to promoting self-employment, promoting job creation, averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, and promoting public works. Such projects shall be administered by the Secretary, acting through the Assistant Secretary 

for Employment and Training. 

SEC. 170. NATIONAL DISLOCATED WORKER GRANTS. 

(a) DEFINITIONS.—In this section: 

(1) EMERGENCY OR DISASTER.—The term ‘‘emergency or 

disaster’’ means— 

(A) an emergency or a major disaster, as defined in 

paragraphs (1) and (2), respectively, of section 102 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or 

(B) an emergency or disaster situation of national 

significance that could result in a potentially large loss 

of employment, as declared or otherwise recognized by 

the chief official of a Federal agency with authority for 

or jurisdiction over the Federal response to the emergency 

or disaster situation. 

(2) DISASTER AREA.—The term ‘‘disaster area’’ means an 

area that has suffered or in which has occurred an emergency 

or disaster. 

(b) IN GENERAL.— 

(1) GRANTS.—The Secretary is authorized to award national 

dislocated worker grants— 

(A) to an entity described in subsection (c)(1)(B) to 

provide employment and training assistance to workers 

affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military 

installations; 

(B) to provide assistance to— 

(i) the Governor of any State within the boundaries 

of which is a disaster area, to provide disaster relief 

employment in the disaster area; or 

(ii) the Governor of any State to which a substantial number of workers from an area in which an 

emergency or disaster has been declared or otherwise 

recognized have relocated; 

(C) to provide additional assistance to a State board 

or local board for eligible dislocated workers in a case 

in which the State board or local board has expended 

the funds provided under this section to carry out activities 

described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with 

requirements prescribed by the Secretary; and 

(D) to provide additional assistance to a State board 

or local board serving an area where— 

(i) a higher-than-average demand for employment 

and training activities for dislocated members of the 

29 USC 3225. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1574 PUBLIC LAW 113–128—JULY 22, 2014 

Armed Forces, spouses described in section 3(15)(E), 

or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources 

for providing such activities; and 

(ii) such activities are to be carried out in partnership with the Department of Defense and Department 

of Veterans Affairs transition assistance programs. 

(2) DECISIONS AND OBLIGATIONS.—The Secretary shall issue 

a final decision on an application for a national dislocated 

worker grant under this subsection not later than 45 calendar 

days after receipt of the application. The Secretary shall issue 

a notice of obligation for such grant not later than 10 days 

after the award of such grant. 

(c) EMPLOYMENT AND TRAINING ASSISTANCE REQUIREMENTS.— 

(1) GRANT RECIPIENT ELIGIBILITY.— 

(A) APPLICATION.—To be eligible to receive a grant 

under subsection (b)(1)(A), an entity shall submit an 

application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may 

require. 

(B) ELIGIBLE ENTITY.—In this paragraph, the term 

‘‘entity’’ means a State, a local board, an entity described 

in section 166(c), an entity determined to be eligible by 

the Governor of the State involved, and any other entity 

that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular 

dislocations. 

(2) PARTICIPANT ELIGIBILITY.— 

(A) IN GENERAL.—In order to be eligible to receive 

employment and training assistance under a national dislocated worker grant awarded pursuant to subsection 

(b)(1)(A), an individual shall be— 

(i) a dislocated worker; 

(ii) a civilian employee of the Department of 

Defense or the Department of Energy employed at 

a military installation that is being closed, or that 

will undergo realignment, within the next 24 months 

after the date of the determination of eligibility; 

(iii) an individual who is employed in a nonmanagerial position with a Department of Defense contractor, who is determined by the Secretary of Defense 

to be at risk of termination from employment as a 

result of reductions in defense expenditures, and whose 

employer is converting operations from defense to nondefense applications in order to prevent worker layoffs; 

or 

(iv) a member of the Armed Forces who— 

(I) was on active duty or full-time National 

Guard duty; 

(II)(aa) is involuntarily separated (as defined 

in section 1141 of title 10, United States Code) 

from active duty or full-time National Guard duty; 

or 

(bb) is separated from active duty or full-time 

National Guard duty pursuant to a special separation benefits program under section 1174a of title 

Determination. 

Time period. 

Notice. 

Deadline. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1575 

10, United States Code, or the voluntary separation incentive program under section 1175 of that 

title; 

(III) is not entitled to retired or retained pay 

incident to the separation described in subclause 

(II); and 

(IV) applies for such employment and training 

assistance before the end of the 180-day period 

beginning on the date of that separation. 

(B) RETRAINING ASSISTANCE.—The individuals 

described in subparagraph (A)(iii) shall be eligible for 

retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in 

subparagraph (A)(iii). 

(C) ADDITIONAL REQUIREMENTS.—The Secretary shall 

establish and publish additional requirements related to 

eligibility for employment and training assistance under 

the national dislocated worker grants to ensure effective 

use of the funds available for this purpose. 

(D) DEFINITIONS.—In this paragraph, the terms ‘‘military installation’’ and ‘‘realignment’’ have the meanings 

given the terms in section 2910 of the Defense Base Closure 

and Realignment Act of 1990 (Public Law 101–510; 10 

U.S.C. 2687 note). 

(d) DISASTER RELIEF EMPLOYMENT ASSISTANCE REQUIREMENTS.— 

(1) IN GENERAL.—Funds made available under subsection 

(b)(1)(B)— 

(A) shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as 

applicable, to provide disaster relief employment on projects 

that provide food, clothing, shelter, and other humanitarian 

assistance for emergency and disaster victims, and projects 

regarding demolition, cleaning, repair, renovation, and 

reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in 

offshore areas related to the emergency or disaster; 

(B) may be expended through public and private agencies and organizations engaged in such projects; and 

(C) may be expended to provide employment and 

training activities. 

(2) ELIGIBILITY.—An individual shall be eligible to be 

offered disaster relief employment under subsection (b)(1)(B) 

if such individual— 

(A) is a dislocated worker; 

(B) is a long-term unemployed individual; 

(C) is temporarily or permanently laid off as a consequence of the emergency or disaster; or 

(D) in the case of an individual who is self-employed, 

becomes unemployed or significantly underemployed as a 

result of the emergency or disaster. 

(3) LIMITATIONS ON DISASTER RELIEF EMPLOYMENT.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), no individual shall be employed under subsection 

(b)(1)(B) for more than 12 months for work related to 

recovery from a single emergency or disaster. 

Time period. 

Publication. 

Time period. 

Effective date. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1576 PUBLIC LAW 113–128—JULY 22, 2014 

(B) EXTENSION.—At the request of a State, the Secretary may extend such employment, related to recovery 

from a single emergency or disaster involving the State, 

for not more than an additional 12 months. 

(4) USE OF AVAILABLE FUNDS.—Funds made available under 

subsection (b)(1)(B) shall be available to assist workers 

described in paragraph (2) who are affected by an emergency 

or disaster, including workers who have relocated from an 

area in which an emergency or disaster has been declared 

or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated 

for any fiscal year and available for expenditure under any 

grant awarded to the State under this section, to provide any 

assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be 

subject to the liability and reimbursement requirements 

described in paragraph (5). 

(5) LIABILITY AND REIMBURSEMENT.—Nothing in this Act 

shall be construed to relieve liability, by a responsible party 

that is liable under Federal law, for any costs incurred by 

the United States under subsection (b)(1)(B) or this subsection, 

including the responsibility to provide reimbursement for such 

costs to the United States. 

SEC. 171. YOUTHBUILD PROGRAM. 

(a) STATEMENT OF PURPOSE.—The purposes of this section are— 

(1) to enable disadvantaged youth to obtain the education 

and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education 

and training opportunities; 

(2) to provide disadvantaged youth with opportunities for 

meaningful work and service to their communities; 

(3) to foster the development of employment and leadership 

skills and commitment to community development among youth 

in low-income communities; 

(4) to expand the supply of permanent affordable housing 

for homeless individuals and low-income families by utilizing 

the energies and talents of disadvantaged youth; and 

(5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those 

facilities that are used to serve homeless and low-income families. 

(b) DEFINITIONS.—In this section: 

(1) ADJUSTED INCOME.—The term ‘‘adjusted income’’ has 

the meaning given the term in section 3(b) of the United 

States Housing Act of 1937 (42 U.S.C. 1437a(b)). 

(2) APPLICANT.—The term ‘‘applicant’’ means an eligible 

entity that has submitted an application under subsection (c). 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

public or private nonprofit agency or organization (including 

a consortium of such agencies or organizations), including— 

(A) a community-based organization; 

(B) a faith-based organization; 

(C) an entity carrying out activities under this title, 

such as a local board; 

(D) a community action agency; 

29 USC 3226. 

Determination. 

Notification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1577 

(E) a State or local housing development agency; 

(F) an Indian tribe or other agency primarily serving 

Indians; 

(G) a community development corporation; 

(H) a State or local youth service or conservation corps; 

and 

(I) any other entity eligible to provide education or 

employment training under a Federal program (other than 

the program carried out under this section). 

(4) HOMELESS INDIVIDUAL.—The term ‘‘homeless individual’’ 

means a homeless individual (as defined in section 41403(6) 

of the Violence Against Women Act of 1994 (42 U.S.C. 14043e– 

2(6))) or a homeless child or youth (as defined in section 725(2) 

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11434a(2))). 

(5) HOUSING DEVELOPMENT AGENCY.—The term ‘‘housing 

development agency’’ means any agency of a State or local 

government, or any private nonprofit organization, that is 

engaged in providing housing for homeless individuals or lowincome families. 

(6) INCOME.—The term ‘‘income’’ has the meaning given 

the term in section 3(b) of the United States Housing Act 

of 1937 (42 U.S.C. 1437a(b)). 

(7) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ and ‘‘Indian 

tribe’’ have the meanings given such terms in section 4 of 

the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450b). 

(8) LOW-INCOME FAMILY.—The term ‘‘low-income family’’ 

means a family described in section 3(b)(2) of the United States 

Housing Act of 1937 (42 U.S.C. 1437a(b)(2)). 

(9) QUALIFIED NATIONAL NONPROFIT AGENCY.—The term 

‘‘qualified national nonprofit agency’’ means a nonprofit agency 

that— 

(A) has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or 

similar projects; and 

(B) has the capacity to provide those services. 

(10) REGISTERED APPRENTICESHIP PROGRAM.—The term 

‘‘registered apprenticeship program’’ means an apprenticeship 

program— 

(A) registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 

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

(B) that meets such other criteria as may be established by the Secretary under this section. 

(11) TRANSITIONAL HOUSING.—The term ‘‘transitional 

housing’’ has the meaning given the term in section 401(29) 

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11360(29)). 

(12) YOUTHBUILD PROGRAM.—The term ‘‘YouthBuild program’’ means any program that receives assistance under this 

section and provides disadvantaged youth with opportunities 

for employment, education, leadership development, and 

training through the rehabilitation (which, for purposes of this 

section, shall include energy efficiency enhancements) or 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1578 PUBLIC LAW 113–128—JULY 22, 2014 

construction of housing for homeless individuals and low-income 

families, and of public facilities. 

(c) YOUTHBUILD GRANTS.— 

(1) AMOUNTS OF GRANTS.—The Secretary is authorized to 

make grants to applicants for the purpose of carrying out 

YouthBuild programs approved under this section. 

(2) ELIGIBLE ACTIVITIES.—An entity that receives a grant 

under this subsection shall use the funds made available 

through the grant to carry out a YouthBuild program, which 

may include the following activities: 

(A) Education and workforce investment activities 

including— 

(i) work experience and skills training (coordinated, to the maximum extent feasible, with 

preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs 

(B) and (C) related to rehabilitation or construction, 

and, if approved by the Secretary, in additional indemand industry sectors or occupations in the region 

in which the program operates; 

(ii) occupational skills training; 

(iii) other paid and unpaid work experiences, 

including internships and job shadowing; 

(iv) services and activities designed to meet the 

educational needs of participants, including— 

(I) basic skills instruction and remedial education; 

(II) language instruction educational programs 

for participants who are English language 

learners; 

(III) secondary education services and activities, including tutoring, study skills training, and 

school dropout prevention and recovery activities, 

designed to lead to the attainment of a secondary 

school diploma or its recognized equivalent 

(including recognized certificates of attendance or 

similar documents for individuals with disabilities); 

(IV) counseling and assistance in obtaining 

postsecondary education and required financial 

aid; and 

(V) alternative secondary school services; 

(v) counseling services and related activities, such 

as comprehensive guidance and counseling on drug 

and alcohol abuse and referral; 

(vi) activities designed to develop employment and 

leadership skills, which may include community service 

and peer-centered activities encouraging responsibility 

and other positive social behaviors, and activities 

related to youth policy committees that participate in 

decision-making related to the program; 

(vii) supportive services and provision of needbased stipends necessary to enable individuals to 

participate in the program and to assist individuals, 

for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment, 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1579 

or applying for and transitioning to postsecondary education or training; and 

(viii) job search and assistance. 

(B) Supervision and training for participants in the 

rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and, 

if approved by the Secretary, in additional in-demand 

industry sectors or occupations in the region in which the 

program operates. 

(C) Supervision and training for participants— 

(i) in the rehabilitation or construction of community and other public facilities, except that not more 

than 15 percent of funds appropriated to carry out 

this section may be used for such supervision and 

training; and 

(ii) if approved by the Secretary, in additional indemand industry sectors or occupations in the region 

in which the program operates. 

(D) Payment of administrative costs of the applicant, 

including recruitment and selection of participants, except 

that not more than 10 percent of the amount of assistance 

provided under this subsection to the grant recipient may 

be used for such costs. 

(E) Adult mentoring. 

(F) Provision of wages, stipends, or benefits to participants in the program. 

(G) Ongoing training and technical assistance that are 

related to developing and carrying out the program. 

(H) Follow-up services. 

(3) APPLICATION.— 

(A) FORM AND PROCEDURE.—To be qualified to receive 

a grant under this subsection, an eligible entity shall 

submit an application at such time, in such manner, and 

containing such information as the Secretary may require. 

(B) MINIMUM REQUIREMENTS.—The Secretary shall 

require that the application contain, at a minimum— 

(i) labor market information for the labor market 

area where the proposed program will be implemented, 

including both current data (as of the date of submission of the application) and projections on career 

opportunities in construction and in-demand industry 

sectors or occupations; 

(ii) a request for the grant, specifying the amount 

of the grant requested and its proposed uses; 

(iii) a description of the applicant and a statement 

of its qualifications, including a description of the 

applicant’s relationship with local boards, one-stop 

operators, local unions, entities carrying out registered 

apprenticeship programs, other community groups, and 

employers, and the applicant’s past experience, if any, 

with rehabilitation or construction of housing or public 

facilities, and with youth education and employment 

training programs; 

(iv) a description of the proposed site for the proposed program; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1580 PUBLIC LAW 113–128—JULY 22, 2014 

(v) a description of the educational and job training 

activities, work opportunities, postsecondary education 

and training opportunities, and other services that will 

be provided to participants, and how those activities, 

opportunities, and services will prepare youth for 

employment in in-demand industry sectors or occupations in the labor market area described in clause 

(i); 

(vi)(I) a description of the proposed activities to 

be undertaken under the grant related to rehabilitation 

or construction, and, in the case of an applicant 

requesting approval from the Secretary to also carry 

out additional activities related to in-demand industry 

sectors or occupations, a description of such additional 

proposed activities; and 

(II) the anticipated schedule for carrying out all 

activities proposed under subclause (I); 

(vii) a description of the manner in which eligible 

youth will be recruited and selected as participants, 

including a description of arrangements that will be 

made with local boards, one-stop operators, faith- and 

community-based organizations, State educational 

agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the 

courts of jurisdiction, agencies operating shelters for 

homeless individuals and other agencies that serve 

youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies; 

(viii) a description of the special outreach efforts 

that will be undertaken to recruit eligible young women 

(including young women with dependent children) as 

participants; 

(ix) a description of the specific role of employers 

in the proposed program, such as their role in developing the proposed program and assisting in service 

provision and in placement activities; 

(x) a description of how the proposed program will 

be coordinated with other Federal, State, and local 

activities and activities conducted by Indian tribes, 

such as local workforce investment activities, career 

and technical education and training programs, adult 

and language instruction educational programs, activities conducted by public schools, activities conducted 

by community colleges, national service programs, and 

other job training provided with funds available under 

this title; 

(xi) assurances that there will be a sufficient 

number of adequately trained supervisory personnel 

in the proposed program; 

(xii) a description of the levels of performance to 

be achieved with respect to the primary indicators 

of performance for eligible youth described in section 

116(b)(2)(A)(ii); 

(xiii) a description of the applicant’s relationship 

with local building trade unions regarding their 

involvement in training to be provided through the 

proposed program, the relationship of the proposed 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1581 

program to established registered apprenticeship programs and employers, the ability of the applicant to 

grant an industry-recognized certificate or certification 

through the program, and the quality of the program 

leading to the certificate or certification; 

(xiv) a description of activities that will be undertaken to develop the leadership skills of participants; 

(xv) a detailed budget and a description of the 

system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal 

soundness for the proposed program; 

(xvi) a description of the commitments for any 

additional resources (in addition to the funds made 

available through the grant) to be made available to 

the proposed program from— 

(I) the applicant; 

(II) recipients of other Federal, State, or local 

housing and community development assistance 

that will sponsor any part of the rehabilitation 

or construction, operation and maintenance, or 

other housing and community development activities undertaken as part of the proposed program; 

or 

(III) entities carrying out other Federal, State, 

or local activities or activities conducted by Indian 

tribes, including career and technical education 

and training programs, adult and language 

instruction educational programs, and job training 

provided with funds available under this title; 

(xvii) information identifying, and a description 

of, the financing proposed for any— 

(I) rehabilitation of the property involved; 

(II) acquisition of the property; or 

(III) construction of the property; 

(xviii) information identifying, and a description 

of, the entity that will operate and manage the property; 

(xix) information identifying, and a description of, 

the data collection systems to be used; 

(xx) a certification, by a public official responsible 

for the housing strategy for the State or unit of general 

local government within which the proposed program 

is located, that the proposed program is consistent 

with the housing strategy; and 

(xxi) a certification that the applicant will comply 

with the requirements of the Fair Housing Act (42 

U.S.C. 3601 et seq.) and will affirmatively further fair 

housing. 

(4) SELECTION CRITERIA.—For an applicant to be eligible 

to receive a grant under this subsection, the applicant and 

the applicant’s proposed program shall meet such selection 

criteria as the Secretary shall establish under this section, 

which shall include criteria relating to— 

(A) the qualifications or potential capabilities of an 

applicant; 

(B) an applicant’s potential for developing a successful 

YouthBuild program; 

Certification. 

Certification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1582 PUBLIC LAW 113–128—JULY 22, 2014 

(C) the need for an applicant’s proposed program, as 

determined by the degree of economic distress of the 

community from which participants would be recruited 

(measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped 

out of secondary school) and of the community in which 

the housing and community and public facilities proposed 

to be rehabilitated or constructed is located (measured 

by indicators such as incidence of homelessness, shortage 

of affordable housing, and poverty); 

(D) the commitment of an applicant to providing skills 

training, leadership development, and education to participants; 

(E) the focus of a proposed program on preparing youth 

for in-demand industry sectors or occupations, or postsecondary education and training opportunities; 

(F) the extent of an applicant’s coordination of activities 

to be carried out through the proposed program with local 

boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system 

involved, or the extent of the applicant’s good faith efforts 

in achieving such coordination; 

(G) the extent of the applicant’s coordination of activities with public education, criminal justice, housing and 

community development, national service, or postsecondary 

education or other systems that relate to the goals of the 

proposed program; 

(H) the extent of an applicant’s coordination of activities with employers in the local area involved; 

(I) the extent to which a proposed program provides 

for inclusion of tenants who were previously homeless 

individuals in the rental housing provided through the 

program; 

(J) the commitment of additional resources (in addition 

to the funds made available through the grant) to a proposed program by— 

(i) an applicant; 

(ii) recipients of other Federal, State, or local 

housing and community development assistance who 

will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and 

community development activities undertaken as part 

of the proposed program; or 

(iii) entities carrying out other Federal, State, or 

local activities or activities conducted by Indian tribes, 

including career and technical education and training 

programs, adult and language instruction educational 

programs, and job training provided with funds available under this title; 

(K) the applicant’s potential to serve different regions, 

including rural areas and States that have not previously 

received grants for YouthBuild programs; and 

(L) such other factors as the Secretary determines to 

be appropriate for purposes of carrying out the proposed 

program in an effective and efficient manner. 

(5) APPROVAL.—To the extent practicable, the Secretary 

shall notify each applicant, not later than 5 months after the 

Notification. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1583 

date of receipt of the application by the Secretary, whether 

the application is approved or not approved. 

(d) USE OF HOUSING UNITS.—Residential housing units rehabilitated or constructed using funds made available under subsection 

(c), shall be available solely— 

(1) for rental by, or sale to, homeless individuals or lowincome families; or 

(2) for use as transitional or permanent housing, for the 

purpose of assisting in the movement of homeless individuals 

to independent living. 

(e) ADDITIONAL PROGRAM REQUIREMENTS.— (1) ELIGIBLE PARTICIPANTS.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), an individual may participate in a YouthBuild program 

only if such individual is— 

(i) not less than age 16 and not more than age 

24, on the date of enrollment; 

(ii) a member of a low-income family, a youth 

in foster care (including youth aging out of foster care), 

a youth offender, a youth who is an individual with 

a disability, a child of incarcerated parents, or a 

migrant youth; and 

(iii) a school dropout, or an individual who was 

a school dropout and has subsequently reenrolled. 

(B) EXCEPTION FOR INDIVIDUALS NOT MEETING INCOME

OR EDUCATIONAL NEED REQUIREMENTS.—Not more than 25 

percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or 

(iii) of subparagraph (A), but who— 

(i) are basic skills deficient, despite attainment 

of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or 

similar documents for individuals with disabilities); 

or 

(ii) have been referred by a local secondary school 

for participation in a YouthBuild program leading to 

the attainment of a secondary school diploma. 

(2) PARTICIPATION LIMITATION.—An eligible individual 

selected for participation in a YouthBuild program shall be 

offered full-time participation in the program for a period of 

not less than 6 months and not more than 24 months. 

(3) MINIMUM TIME DEVOTED TO EDUCATIONAL SERVICES AND

ACTIVITIES.—A YouthBuild program receiving assistance under 

subsection (c) shall be structured so that participants in the 

program are offered— 

(A) education and related services and activities 

designed to meet educational needs, such as those specified 

in clauses (iv) through (vii) of subsection (c)(2)(A), during 

at least 50 percent of the time during which the participants participate in the program; and 

(B) work and skill development activities, such as those 

specified in clauses (i), (ii), (iii), and (viii) of subsection 

(c)(2)(A), during at least 40 percent of the time during 

which the participants participate in the program. 

(4) AUTHORITY RESTRICTION.—No provision of this section 

may be construed to authorize any agency, officer, or employee 

of the United States to exercise any direction, supervision, 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1584 PUBLIC LAW 113–128—JULY 22, 2014 

or control over the curriculum, program of instruction, administration, or personnel of any educational institution (including 

a school) or school system, or over the selection of library 

resources, textbooks, or other printed or published instructional 

materials by any educational institution or school system. 

(5) STATE AND LOCAL STANDARDS.—All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local 

educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit 

for and certifying educational attainment in such programs 

and activities shall be consistent with applicable State and 

local educational standards. 

(f) LEVELS OF PERFORMANCE AND INDICATORS.— (1) IN GENERAL.—The Secretary shall annually establish 

expected levels of performance for YouthBuild programs 

relating to each of the primary indicators of performance for 

eligible youth activities described in section 116(b)(2)(A)(ii). 

(2) ADDITIONAL INDICATORS.—The Secretary may establish 

expected levels of performance for additional indicators for 

YouthBuild programs, as the Secretary determines appropriate. 

(g) MANAGEMENT AND TECHNICAL ASSISTANCE.— 

(1) SECRETARY ASSISTANCE.—The Secretary may enter into 

contracts with 1 or more entities to provide assistance to the 

Secretary in the management, supervision, and coordination 

of the program carried out under this section. 

(2) TECHNICAL ASSISTANCE.— 

(A) CONTRACTS AND GRANTS.—The Secretary shall 

enter into contracts with or make grants to 1 or more 

qualified national nonprofit agencies, in order to provide 

training, information, technical assistance, program evaluation, and data management to recipients of grants under 

subsection (c). 

(B) RESERVATION OF FUNDS.—Of the amounts available 

under subsection (i) to carry out this section for a fiscal 

year, the Secretary shall reserve 5 percent to carry out 

subparagraph (A). 

(3) CAPACITY BUILDING GRANTS.— 

(A) IN GENERAL.—In each fiscal year, the Secretary 

may use not more than 3 percent of the amounts available 

under subsection (i) to award grants to 1 or more qualified 

national nonprofit agencies to pay for the Federal share 

of the cost of capacity building activities. 

(B) FEDERAL SHARE.—The Federal share of the cost 

described in subparagraph (A) shall be 25 percent. The 

non-Federal share shall be provided from private sources. 

(h) SUBGRANTS AND CONTRACTS.—Each recipient of a grant 

under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly 

or through subgrants, contracts, or other arrangements with local 

educational agencies, institutions of higher education, State or local 

housing development agencies, other public agencies, including 

agencies of Indian tribes, or private organizations. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

(1) $77,534,000 for fiscal year 2015; 

(2) $83,523,000 for fiscal year 2016; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1585 

(3) $85,256,000 for fiscal year 2017; 

(4) $87,147,000 for fiscal year 2018; 

(5) $89,196,000 for fiscal year 2019; and 

(6) $91,087,000 for fiscal year 2020. 

SEC. 172. AUTHORIZATION OF APPROPRIATIONS. 

(a) NATIVE AMERICAN PROGRAMS.—There are authorized to be 

appropriated to carry out section 166 (not including subsection 

(k) of such section)— 

(1) $46,082,000 for fiscal year 2015; 

(2) $49,641,000 for fiscal year 2016; 

(3) $50,671,000 for fiscal year 2017; 

(4) $51,795,000 for fiscal year 2018; 

(5) $53,013,000 for fiscal year 2019; and 

(6) $54,137,000 for fiscal year 2020. 

(b) MIGRANT AND SEASONAL FARMWORKER PROGRAMS.—There 

are authorized to be appropriated to carry out section 167— 

(1) $81,896,000 for fiscal year 2015; 

(2) $88,222,000 for fiscal year 2016; 

(3) $90,052,000 for fiscal year 2017; 

(4) $92,050,000 for fiscal year 2018; 

(5) $94,214,000 for fiscal year 2019; and 

(6) $96,211,000 for fiscal year 2020. 

(c) TECHNICAL ASSISTANCE.—There are authorized to be appropriated to carry out section 168— 

(1) $3,000,000 for fiscal year 2015; 

(2) $3,232,000 for fiscal year 2016; 

(3) $3,299,000 for fiscal year 2017; 

(4) $3,372,000 for fiscal year 2018; 

(5) $3,451,000 for fiscal year 2019; and 

(6) $3,524,000 for fiscal year 2020. 

(d) EVALUATIONS AND RESEARCH.—There are authorized to be 

appropriated to carry out section 169— 

(1) $91,000,000 for fiscal year 2015; 

(2) $98,029,000 for fiscal year 2016; 

(3) $100,063,000 for fiscal year 2017; 

(4) $102,282,000 for fiscal year 2018; 

(5) $104,687,000 for fiscal year 2019; and 

(6) $106,906,000 for fiscal year 2020. 

(e) ASSISTANCE FOR VETERANS.—If, as of the date of enactment 

of this Act, any unobligated funds appropriated to carry out section 

168 of the Workforce Investment Act of 1998, as in effect on the 

day before the date of enactment of this Act, remain available, 

the Secretary of Labor shall continue to use such funds to carry 

out such section, as in effect on such day, until all of such funds 

are expended. 

(f) ASSISTANCE FOR ELIGIBLE WORKERS.—If, as of the date 

of enactment of this Act, any unobligated funds appropriated to 

carry out subsections (f) and (g) of section 173 of the Workforce 

Investment Act of 1998, as in effect on the day before the date 

of enactment of this Act, remain available, the Secretary of Labor 

shall continue to use such funds to carry out such subsections, 

as in effect on such day, until all of such funds are expended. 

29 USC 3227. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1586 PUBLIC LAW 113–128—JULY 22, 2014 

Subtitle E—Administration 

SEC. 181. REQUIREMENTS AND RESTRICTIONS. 

(a) BENEFITS.— 

(1) WAGES.— 

(A) IN GENERAL.—Individuals in on-the-job training or 

individuals employed in activities under this title shall 

be compensated at the same rates, including periodic 

increases, as trainees or employees who are similarly situated in similar occupations by the same employer and 

who have similar training, experience, and skills, and such 

rates shall be in accordance with applicable law, but in 

no event less than the higher of the rate specified in 

section 6(a)(1) of the Fair Labor Standards Act of 1938 

(29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law. 

(B) RULE OF CONSTRUCTION.—The reference in 

subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall not be applicable 

for individuals in territorial jurisdictions in which section 

6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)) does not apply. 

(2) TREATMENT OF ALLOWANCES, EARNINGS, AND PAYMENTS.—Allowances, earnings, and payments to individuals 

participating in programs under this title shall not be considered as income for the purposes of determining eligibility for 

and the amount of income transfer and in-kind aid furnished 

under any Federal or federally assisted program based on need, 

other than as provided under the Social Security Act (42 U.S.C. 

301 et seq.). 

(b) LABOR STANDARDS.— 

(1) LIMITATIONS ON ACTIVITIES THAT IMPACT WAGES OF

EMPLOYEES.—No funds provided under this title shall be used 

to pay the wages of incumbent employees during their participation in economic development activities provided through a 

statewide workforce development system. 

(2) DISPLACEMENT.— 

(A) PROHIBITION.—A participant in a program or 

activity authorized under this title (referred to in this 

section as a ‘‘specified activity’’) shall not displace 

(including a partial displacement, such as a reduction in 

the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of 

the participation). 

(B) PROHIBITION ON IMPAIRMENT OF CONTRACTS.—A 

specified activity shall not impair an existing contract for 

services or collective bargaining agreement, and no such 

activity that would be inconsistent with the terms of a 

collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and 

employer concerned. 

(3) OTHER PROHIBITIONS.—A participant in a specified 

activity shall not be employed in a job if— 

(A) any other individual is on layoff from the same 

or any substantially equivalent job; 

29 USC 3241. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1587 

(B) the employer has terminated the employment of 

any regular employee or otherwise reduced the workforce 

of the employer with the intention of filling the vacancy 

so created with the participant; or 

(C) the job is created in a promotional line that will 

infringe in any way upon the promotional opportunities 

of currently employed individuals (as of the date of the 

participation). 

(4) HEALTH AND SAFETY.—Health and safety standards 

established under Federal and State law otherwise applicable 

to working conditions of employees shall be equally applicable 

to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law 

applies, workers’ compensation shall be provided to participants 

on the same basis as the compensation is provided to other 

individuals in the State in similar employment. 

(5) EMPLOYMENT CONDITIONS.—Individuals in on-the-job 

training or individuals employed in programs and activities 

under this title shall be provided benefits and working conditions at the same level and to the same extent as other trainees 

or employees working a similar length of time and doing the 

same type of work. 

(6) OPPORTUNITY TO SUBMIT COMMENTS.—Interested members of the public, including representatives of businesses and 

of labor organizations, shall be provided an opportunity to 

submit comments to the Secretary with respect to programs 

and activities proposed to be funded under subtitle B. 

(7) NO IMPACT ON UNION ORGANIZING.—Each recipient of 

funds under this title shall provide to the Secretary assurances 

that none of such funds will be used to assist, promote, or 

deter union organizing. 

(c) GRIEVANCE PROCEDURE.— 

(1) IN GENERAL.—Each State and local area receiving an 

allotment or allocation under this title shall establish and maintain a procedure for grievances or complaints alleging violations 

of the requirements of this title from participants and other 

interested or affected parties. Such procedure shall include 

an opportunity for a hearing and be completed within 60 days 

after the filing of the grievance or complaint. 

(2) INVESTIGATION.— 

(A) IN GENERAL.—The Secretary shall investigate an 

allegation of a violation described in paragraph (1) if— 

(i) a decision relating to such violation has not 

been reached within 60 days after the date of the 

filing of the grievance or complaint and either party 

appeals to the Secretary; or 

(ii) a decision relating to such violation has been 

reached within such 60 days and the party to which 

such decision is adverse appeals such decision to the 

Secretary. 

(B) ADDITIONAL REQUIREMENT.—The Secretary shall 

make a final determination relating to an appeal made 

under subparagraph (A) no later than 120 days after 

receiving such appeal. 

(3) REMEDIES.—Remedies that may be imposed under this 

section for a violation of any requirement of this title shall 

be limited— 

Determination. 

Time periods. 

Hearings. 

Deadline. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1588 PUBLIC LAW 113–128—JULY 22, 2014 

(A) to suspension or termination of payments under 

this title; 

(B) to prohibition of placement of a participant with 

an employer that has violated any requirement under this 

title; 

(C) where applicable, to reinstatement of an employee, 

payment of lost wages and benefits, and reestablishment 

of other relevant terms, conditions, and privileges of 

employment; and 

(D) where appropriate, to other equitable relief. 

(4) RULE OF CONSTRUCTION.—Nothing in paragraph (3) 

shall be construed to prohibit a grievant or complainant from 

pursuing a remedy authorized under another Federal, State, 

or local law for a violation of this title. 

(d) RELOCATION.— (1) PROHIBITION ON USE OF FUNDS TO ENCOURAGE OR

INDUCE RELOCATION.—No funds provided under this title shall 

be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation 

would result in a loss of employment for any employee of 

such business at the original location and such original location 

is within the United States. 

(2) PROHIBITION ON USE OF FUNDS AFTER RELOCATION.— 

No funds provided under this title for an employment or 

training activity shall be used for customized or skill training, 

on-the-job training, incumbent worker training, transitional 

employment, or company-specific assessments of job applicants 

or employees, for any business or part of a business that has 

relocated, until the date that is 120 days after the date on 

which such business commences operations at the new location, 

if the relocation of such business or part of a business results 

in a loss of employment for any employee of such business 

at the original location and such original location is within 

the United States. 

(3) REPAYMENT.—If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall 

require the State that has violated such paragraph (or that 

has provided funding to an entity that has violated such paragraph) to repay to the United States an amount equal to 

the amount expended in violation of such paragraph. 

(e) LIMITATION ON USE OF FUNDS.—No funds available to carry 

out an activity under this title shall be used for employment generating activities, investment in revolving loan funds, capitalization 

of businesses, investment in contract bidding resource centers, economic development activities, or similar activities, that are not 

directly related to training for eligible individuals under this title. 

No funds received to carry out an activity under subtitle B shall 

be used for foreign travel. 

(f) TESTING AND SANCTIONING FOR USE OF CONTROLLED SUBSTANCES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, a State shall not be prohibited by the Federal Government 

from— 

(A) testing participants in programs under subtitle B 

for the use of controlled substances; and 

(B) sanctioning such participants who test positive for 

the use of such controlled substances. 

Determination. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1589 

(2) ADDITIONAL REQUIREMENTS.— (A) PERIOD OF SANCTION.—In sanctioning participants 

in a program under subtitle B who test positive for the 

use of controlled substances— 

(i) with respect to the first occurrence for which 

a participant tests positive, a State may exclude the 

participant from the program for a period not to exceed 

6 months; and 

(ii) with respect to the second occurrence and each 

subsequent occurrence for which a participant tests 

positive, a State may exclude the participant from 

the program for a period not to exceed 2 years. 

(B) APPEAL.—The testing of participants and the 

imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process 

procedures established by the State. 

(C) PRIVACY.—A State shall establish procedures for 

testing participants for the use of controlled substances 

that ensure a maximum degree of privacy for the participants. 

(3) FUNDING REQUIREMENT.—In testing and sanctioning of 

participants for the use of controlled substances in accordance 

with this subsection, the only Federal funds that a State may 

use are the amounts made available for the administration 

of statewide workforce investment activities under section 

134(a)(3)(B). 

(g) SUBGRANT AUTHORITY.—A recipient of grant funds under 

this title shall have the authority to enter into subgrants in order 

to carry out the grant, subject to such conditions as the Secretary 

may establish. 

SEC. 182. PROMPT ALLOCATION OF FUNDS. 

(a) ALLOTMENTS BASED ON LATEST AVAILABLE DATA.—All allotments to States and grants to outlying areas under this title shall 

be based on the latest available data and estimates satisfactory 

to the Secretary. All data relating to disadvantaged adults and 

disadvantaged youth shall be based on the most recent satisfactory 

data from the Bureau of the Census. 

(b) PUBLICATION IN FEDERAL REGISTER RELATING TO FORMULA

FUNDS.—Whenever the Secretary allots funds required to be allotted 

under this title, the Secretary shall publish in a timely fashion 

in the Federal Register the amount proposed to be distributed 

to each recipient of the funds. 

(c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FORMULA.—All 

funds required to be allotted under section 127 or 132 shall be 

allotted within 45 days after the date of enactment of the Act 

appropriating the funds, except that, if such funds are appropriated 

in advance as authorized by section 189(g), such funds shall be 

allotted or allocated not later than the March 31 preceding the 

program year for which such funds are to be available for obligation. 

(d) PUBLICATION IN FEDERAL REGISTER RELATING TO DISCRE- TIONARY FUNDS.—Whenever the Secretary utilizes a formula to 

allot or allocate funds made available for distribution at the Secretary’s discretion under this title, the Secretary shall, not later 

than 30 days prior to such allotment or allocation, publish for 

comment in the Federal Register the formula, the rationale for 

the formula, and the proposed amounts to be distributed to each 

Deadline. 

Deadlines. 

Grants. 

29 USC 3242. 

Procedures. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1590 PUBLIC LAW 113–128—JULY 22, 2014 

State and local area. After consideration of any comments received, 

the Secretary shall publish final allotments and allocations in the 

Federal Register. 

(e) AVAILABILITY OF FUNDS.—Funds shall be made available 

under section 128, and funds shall be made available under section 

133, for a local area not later than 30 days after the date the 

funds are made available to the Governor involved, under section 

127 or 132 (as the case may be), or 7 days after the date the 

local plan for the area is approved, whichever is later. 

SEC. 183. MONITORING. 

(a) IN GENERAL.—The Secretary is authorized to monitor all 

recipients of financial assistance under this title to determine 

whether the recipients are complying with the provisions of this 

title, including the regulations issued under this title. 

(b) INVESTIGATIONS.—The Secretary may investigate any matter 

the Secretary determines to be necessary to determine the compliance of the recipients with this title, including the regulations 

issued under this title. The investigations authorized by this subsection may include examining records (including making certified 

copies of the records), questioning employees, and entering any 

premises or onto any site in which any part of a program or 

activity of such a recipient is conducted or in which any of the 

records of the recipient are kept. 

(c) ADDITIONAL REQUIREMENT.—For the purpose of any investigation or hearing conducted under this title by the Secretary, 

the provisions of section 9 of the Federal Trade Commission Act 

(15 U.S.C. 49) (relating to the attendance of witnesses and the 

production of documents) apply to the Secretary, in the same 

manner and to the same extent as the provisions apply to the 

Federal Trade Commission. 

SEC. 184. FISCAL CONTROLS; SANCTIONS. 

(a) ESTABLISHMENT OF FISCAL CONTROLS BY STATES.— 

(1) IN GENERAL.—Each State shall establish such fiscal 

control and fund accounting procedures as may be necessary 

to assure the proper disbursal of, and accounting for, Federal 

funds allocated to local areas under subtitle B. Such procedures 

shall ensure that all financial transactions carried out under 

subtitle B are conducted and records maintained in accordance 

with generally accepted accounting principles applicable in each 

State. 

(2) COST PRINCIPLES.— 

(A) IN GENERAL.—Each State (including the Governor 

of the State), local area (including the chief elected official 

for the area), and provider receiving funds under this title 

shall comply with the applicable uniform cost principles 

included in appropriate circulars or rules of the Office 

of Management and Budget for the type of entity receiving 

the funds. 

(B) EXCEPTION.—The funds made available to a State 

for administration of statewide workforce investment activities in accordance with section 134(a)(3)(B) shall be allocable to the overall administration of workforce investment 

activities, but need not be specifically allocable to— 

(i) the administration of adult employment and 

training activities; 

Compliance. 

Procedures. 

29 USC 3244. 

Applicability. 

29 USC 3243. 

Deadlines. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1591 

(ii) the administration of dislocated worker employment and training activities; or 

(iii) the administration of youth workforce investment activities. 

(3) UNIFORM ADMINISTRATIVE REQUIREMENTS.— (A) IN GENERAL.—Each State (including the Governor 

of the State), local area (including the chief elected official 

for the area), and provider receiving funds under this title 

shall comply with the appropriate uniform administrative 

requirements for grants and agreements applicable for the 

type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget. 

(B) ADDITIONAL REQUIREMENT.—Procurement transactions under this title between local boards and units 

of State or local governments shall be conducted only on 

a cost-reimbursable basis. 

(4) MONITORING.—Each Governor of a State shall conduct 

on an annual basis onsite monitoring of each local area within 

the State to ensure compliance with the uniform administrative 

requirements referred to in paragraph (3). 

(5) ACTION BY GOVERNOR.—If the Governor determines that 

a local area is not in compliance with the uniform administrative requirements referred to in paragraph (3), the Governor 

shall— 

(A) require corrective action to secure prompt compliance with the requirements; and 

(B) impose the sanctions provided under subsection 

(b) in the event of failure to take the required corrective 

action. 

(6) CERTIFICATION.—The Governor shall, every 2 years, 

certify to the Secretary that— 

(A) the State has implemented the uniform administrative requirements referred to in paragraph (3); 

(B) the State has monitored local areas to ensure 

compliance with the uniform administrative requirements 

as required under paragraph (4); and 

(C) the State has taken appropriate action to secure 

compliance with the requirements pursuant to paragraph 

(5). 

(7) ACTION BY THE SECRETARY.—If the Secretary determines 

that the Governor has not fulfilled the requirements of this 

subsection, the Secretary shall— 

(A) require corrective action to secure prompt compliance with the requirements of this subsection; and 

(B) impose the sanctions provided under subsection 

(e) in the event of failure of the Governor to take the 

required appropriate action to secure compliance with the 

requirements. 

(b) SUBSTANTIAL VIOLATION.— 

(1) ACTION BY GOVERNOR.—If, as a result of financial and 

compliance audits or otherwise, the Governor determines that 

there is a substantial violation of a specific provision of this 

title, and corrective action has not been taken, the Governor 

shall— 

(A) issue a notice of intent to revoke approval of all 

or part of the local plan affected; or 

(B) impose a reorganization plan, which may include— Reorganization 

plan. 

Notice. 

Determination. 

Determination. 

Deadline. 

Determination. 

Contracts. 

Compliance. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1592 PUBLIC LAW 113–128—JULY 22, 2014 

(i) decertifying the local board involved; 

(ii) prohibiting the use of eligible providers; 

(iii) selecting an alternative entity to administer 

the program for the local area involved; 

(iv) merging the local area into one or more other 

local areas; or 

(v) making such other changes as the Secretary 

or Governor determines to be necessary to secure 

compliance with the provision. 

(2) APPEAL.— (A) IN GENERAL.—The actions taken by the Governor 

pursuant to subparagraphs (A) and (B) of paragraph (1) 

may be appealed to the Secretary and shall not become 

effective until— 

(i) the time for appeal has expired; or 

(ii) the Secretary has issued a decision. 

(B) ADDITIONAL REQUIREMENT.—The Secretary shall 

make a final decision under subparagraph (A) not later 

than 45 days after the receipt of the appeal. 

(3) ACTION BY THE SECRETARY.—If the Governor fails to 

take promptly an action required under paragraph (1), the 

Secretary shall take such action. 

(c) REPAYMENT OF CERTAIN AMOUNTS TO THE UNITED STATES.— 

(1) IN GENERAL.—Every recipient of funds under this title 

shall repay to the United States amounts found not to have 

been expended in accordance with this title. 

(2) OFFSET OF REPAYMENT AMOUNT.—If the Secretary determines that a State has expended funds received under this 

title in a manner contrary to the requirements of this title, 

the Secretary may require repayment by offsetting the amount 

of such expenditures against any other amount to which the 

State is or may be entitled under this title, except as provided 

under subsection (d)(1). 

(3) REPAYMENT FROM DEDUCTION BY STATE.—If the Secretary requires a State to repay funds as a result of a determination that a local area of the State has expended funds 

in a manner contrary to the requirements of this title, the 

Governor of the State may use an amount deducted under 

paragraph (4) to repay the funds, except as provided under 

subsection (e). 

(4) DEDUCTION BY STATE.—The Governor may deduct an 

amount equal to the misexpenditure described in paragraph 

(3) from subsequent program year (subsequent to the program 

year for which the determination was made) allocations to 

the local area from funds reserved for the administrative costs 

of the local programs involved, as appropriate. 

(5) LIMITATIONS.—A deduction made by a State as described 

in paragraph (4) shall not be made until such time as the 

Governor has taken appropriate corrective action to ensure 

full compliance with this title within such local area with 

regard to appropriate expenditures of funds under this title. 

(d) REPAYMENT OF AMOUNTS.— 

(1) IN GENERAL.—Each recipient of funds under this title 

shall be liable to repay the amounts described in subsection 

(c)(1), from funds other than funds received under this title, 

upon a determination by the Secretary that the misexpenditure 

of the amounts was due to willful disregard of the requirements 

Determination. 

Determination. 

Deadline. 

Effective date. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1593 

of this title, gross negligence, failure to observe accepted standards of administration, or a pattern of misexpenditure described 

in subsection (c)(1). No such determination shall be made under 

this subsection or subsection (c) until notice and opportunity 

for a fair hearing have been given to the recipient. 

(2) FACTORS IN IMPOSING SANCTIONS.—In determining 

whether to impose any sanction authorized by this section 

against a recipient of funds under this title for violations of 

this title (including applicable regulations) by a subgrantee 

or contractor of such recipient, the Secretary shall first determine whether such recipient has adequately demonstrated that 

the recipient has— 

(A) established and adhered to an appropriate system, 

for entering into and monitoring subgrant agreements and 

contracts with subgrantees and contractors, that contains 

acceptable standards for ensuring accountability; 

(B) entered into a written subgrant agreement or contract with such a subgrantee or contractor that established 

clear goals and obligations in unambiguous terms; 

(C) acted with due diligence to monitor the 

implementation of the subgrant agreement or contract, 

including carrying out the appropriate monitoring activities 

(including audits) at reasonable intervals; and 

(D) taken prompt and appropriate corrective action 

upon becoming aware of any evidence of a violation of 

this title, including regulations issued under this title, by 

such subgrantee or contractor. 

(3) WAIVER.—If the Secretary determines that the recipient 

has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition 

of sanctions authorized by this section upon such recipient. 

The Secretary is authorized to impose any sanction consistent 

with the provisions of this title and with any applicable Federal 

or State law directly against any subgrantee or contractor 

for violation of this title, including regulations issued under 

this title. 

(e) IMMEDIATE TERMINATION OR SUSPENSION OF ASSISTANCE

IN EMERGENCY SITUATIONS.—In emergency situations, if the Secretary determines it is necessary to protect the integrity of the 

funds or ensure the proper operation of the program or activity 

involved, the Secretary may immediately terminate or suspend 

financial assistance, in whole or in part, to the recipient if the 

recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension. 

The Secretary shall not delegate any of the functions or authority 

specified in this subsection, other than to an officer whose appointment is required to be made by and with the advice and consent 

of the Senate. 

(f) DISCRIMINATION AGAINST PARTICIPANTS.—If the Secretary 

determines that any recipient under this title has discharged or 

in any other manner discriminated against a participant or against 

any individual in connection with the administration of the program 

involved, or against any individual because such individual has 

filed any complaint or instituted or caused to be instituted any 

proceeding under or related to this title, or has testified or is 

about to testify in any such proceeding or an investigation under 

Determination. 

Deadline. 

Notice. 

Deadline. 

Determination. 

Contracts. 

Determination. 

Notice. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1594 PUBLIC LAW 113–128—JULY 22, 2014 

or related to this title, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the 

provisions of this title, including regulations issued under this 

title, the Secretary shall, within 30 days, take such action or order 

such corrective measures, as necessary, with respect to the recipient 

or the aggrieved individual, or both. 

(g) REMEDIES.—The remedies described in this section shall 

not be considered to be the exclusive remedies available for violations described in this section. 

SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS. 

(a) RECIPIENT RECORDKEEPING AND REPORTS.— (1) IN GENERAL.—Recipients of funds under this title shall 

keep records that are sufficient to permit the preparation of 

reports required by this title and to permit the tracing of 

funds to a level of expenditure adequate to ensure that the 

funds have not been spent unlawfully. 

(2) RECORDS AND REPORTS REGARDING GENERAL PERFORMANCE.—Every such recipient shall maintain such records and 

submit such reports, in such form and containing such information, as the Secretary may require regarding the performance 

of programs and activities carried out under this title. Such 

records and reports shall be submitted to the Secretary but 

shall not be required to be submitted more than once each 

quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such 

information may be provided. 

(3) MAINTENANCE OF STANDARDIZED RECORDS.—In order 

to allow for the preparation of the reports required under 

subsection (c), such recipients shall maintain standardized 

records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an 

adequate analysis of the records. 

(4) AVAILABILITY TO THE PUBLIC.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), records maintained by such recipients pursuant to 

this subsection shall be made available to the public upon 

request. 

(B) EXCEPTION.—Subparagraph (A) shall not apply to— 

(i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and 

(ii) trade secrets, or commercial or financial 

information, that is— 

(I) obtained from a person; and 

(II) privileged or confidential. 

(C) FEES TO RECOVER COSTS.—Such recipients may 

charge fees sufficient to recover costs applicable to the 

processing of requests for records under subparagraph (A). 

(b) INVESTIGATIONS OF USE OF FUNDS.— 

(1) IN GENERAL.— (A) SECRETARY.—In order to evaluate compliance with 

the provisions of this title, the Secretary shall conduct, 

in several States, in each fiscal year, investigations of 

the use of funds received by recipients under this title. 

(B) COMPTROLLER GENERAL OF THE UNITED STATES.— In order to ensure compliance with the provisions of this 

29 USC 3245. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1595 

title, the Comptroller General of the United States may 

conduct investigations of the use of funds received under 

this title by any recipient. 

(2) PROHIBITION.—In conducting any investigation under 

this title, the Secretary or the Comptroller General of the 

United States may not request the compilation of any information that the recipient is not otherwise required to compile 

and that is not readily available to such recipient. 

(3) AUDITS.— (A) IN GENERAL.—In carrying out any audit under this 

title (other than any initial audit survey or any audit 

investigating possible criminal or fraudulent conduct), 

either directly or through grant or contract, the Secretary, 

the Inspector General of the Department of Labor, or the 

Comptroller General of the United States shall furnish 

to the State, recipient, or other entity to be audited, 

advance notification of the overall objectives and purposes 

of the audit, and any extensive recordkeeping or data 

requirements to be met, not later than 14 days (or as 

soon as practicable) prior to the commencement of the 

audit. 

(B) NOTIFICATION REQUIREMENT.—If the scope, objectives, or purposes of the audit change substantially during 

the course of the audit, the entity being audited shall 

be notified of the change as soon as practicable. 

(C) ADDITIONAL REQUIREMENT.—The reports on the 

results of such audits shall cite the law, regulation, policy, 

or other criteria applicable to any finding contained in 

the reports. 

(D) RULE OF CONSTRUCTION.—Nothing contained in 

this title shall be construed so as to be inconsistent with 

the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General 

of the United States. 

(c) GRANTEE INFORMATION RESPONSIBILITIES.—Each State, each 

local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this 

title— 

(1) shall make readily accessible such reports concerning 

its operations and expenditures as shall be prescribed by the 

Secretary; 

(2) shall prescribe and maintain comparable management 

information systems, in accordance with guidelines that shall 

be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide, local 

area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to 

comply with section 188; 

(3) shall monitor the performance of providers in complying 

with the terms of grants, contracts, or other agreements made 

pursuant to this title; and 

(4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, 

plans, or any other data that are required to be submitted 

or made available, respectively, under this title. 

(d) INFORMATION TO BE INCLUDED IN REPORTS.— 

Guidelines. 

Contracts. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1596 PUBLIC LAW 113–128—JULY 22, 2014 

(1) IN GENERAL.—The reports required in subsection (c) 

shall include information regarding programs and activities 

carried out under this title pertaining to— 

(A) the relevant demographic characteristics (including 

race, ethnicity, sex, and age) and other related information 

regarding participants; 

(B) the programs and activities in which participants 

are enrolled, and the length of time that participants are 

engaged in such programs and activities; 

(C) outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment; 

(D) specified costs of the programs and activities; and 

(E) information necessary to prepare reports to comply 

with section 188. 

(2) ADDITIONAL REQUIREMENT.—The Secretary shall ensure 

that all elements of the information required for the reports 

described in paragraph (1) are defined and that the information 

is reported uniformly. 

(e) QUARTERLY FINANCIAL REPORTS.— 

(1) IN GENERAL.—Each local board in a State shall submit 

quarterly financial reports to the Governor with respect to 

programs and activities carried out under this title. Such 

reports shall include information identifying all program and 

activity costs by cost category in accordance with generally 

accepted accounting principles and by year of the appropriation 

involved. 

(2) ADDITIONAL REQUIREMENT.—Each State shall submit 

to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Education and the Workforce of the 

House of Representatives, on a quarterly basis, a summary 

of the reports submitted to the Governor pursuant to paragraph 

(1). 

(f) MAINTENANCE OF ADDITIONAL RECORDS.—Each State and 

local board shall maintain records with respect to programs and 

activities carried out under this title that identify— 

(1) any income or profits earned, including such income 

or profits earned by subrecipients; and 

(2) any costs incurred (such as stand-in costs) that are 

otherwise allowable except for funding limitations. 

(g) COST CATEGORIES.—In requiring entities to maintain records 

of costs by cost category under this title, the Secretary shall require 

only that the costs be categorized as administrative or programmatic 

costs. 

SEC. 186. ADMINISTRATIVE ADJUDICATION. 

(a) IN GENERAL.—Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made 

a determination not to award financial assistance in whole or in 

part to such applicant, the applicant may request a hearing before 

an administrative law judge of the Department of Labor. A similar 

hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed 

by the Secretary under section 184. 

(b) APPEAL.—The decision of the administrative law judge shall 

constitute final action by the Secretary unless, within 20 days 

Deadlines. 

29 USC 3246. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1597 

after receipt of the decision of the administrative law judge, a 

party dissatisfied with the decision or any part of the decision 

has filed exceptions with the Secretary specifically identifying the 

procedure, fact, law, or policy to which exception is taken. Any 

exception not specifically urged during the 20-day period shall be 

deemed to have been waived. After the 20-day period the decision 

of the administrative law judge shall become the final decision 

of the Secretary unless the Secretary, within 30 days after such 

filing, notifies the parties that the case involved has been accepted 

for review. 

(c) TIME LIMIT.—Any case accepted for review by the Secretary 

under subsection (b) shall be decided within 180 days after such 

acceptance. If the case is not decided within the 180-day period, 

the decision of the administrative law judge shall become the final 

decision of the Secretary at the end of the 180-day period. 

(d) ADDITIONAL REQUIREMENT.—The provisions of section 187 

shall apply to any final action of the Secretary under this section. 

SEC. 187. JUDICIAL REVIEW. 

(a) REVIEW.— (1) PETITION.—With respect to any final order by the Secretary under section 186 by which the Secretary awards, 

declines to award, or only conditionally awards, financial assistance under this title, or any final order of the Secretary under 

section 186 with respect to a corrective action or sanction 

imposed under section 184, any party to a proceeding that 

resulted in such final order may obtain review of such final 

order in the United States Court of Appeals having jurisdiction 

over the applicant for or recipient of the funds involved, by 

filing a review petition within 30 days after the date of issuance 

of such final order. 

(2) ACTION ON PETITION.—The clerk of the court shall 

transmit a copy of the review petition to the Secretary, who 

shall file the record on which the final order was entered 

as provided in section 2112 of title 28, United States Code. 

The filing of a review petition shall not stay the order of 

the Secretary, unless the court orders a stay. Petitions filed 

under this subsection shall be heard expeditiously, if possible 

within 10 days after the date of filing of a reply to the petition. 

(3) STANDARD AND SCOPE OF REVIEW.—No objection to the 

order of the Secretary shall be considered by the court unless 

the objection was specifically urged, in a timely manner, before 

the Secretary. The review shall be limited to questions of law 

and the findings of fact of the Secretary shall be conclusive 

if supported by substantial evidence. 

(b) JUDGMENT.—The court shall have jurisdiction to make and 

enter a decree affirming, modifying, or setting aside the order 

of the Secretary in whole or in part. The judgment of the court 

regarding the order shall be final, subject to certiorari review by 

the Supreme Court as provided in section 1254(1) of title 28, United 

States Code. 

SEC. 188. NONDISCRIMINATION. 

(a) IN GENERAL.— 

(1) FEDERAL FINANCIAL ASSISTANCE.—For the purpose of 

applying the prohibitions against discrimination on the basis 

of age under the Age Discrimination Act of 1975 (42 U.S.C. 

6101 et seq.), on the basis of disability under section 504 

29 USC 3248. 

Records. 

Deadlines. 

29 USC 3247. 

Applicability. 

Notification. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1598 PUBLIC LAW 113–128—JULY 22, 2014 

of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis 

of sex under title IX of the Education Amendments of 1972 

(20 U.S.C. 1681 et seq.), or on the basis of race, color, or 

national origin under title VI of the Civil Rights Act of 1964 

(42 U.S.C. 2000d et seq.), programs and activities funded or 

otherwise financially assisted in whole or in part under this 

Act are considered to be programs and activities receiving Federal financial assistance. 

(2) PROHIBITION OF DISCRIMINATION REGARDING PARTICIPA- TION, BENEFITS, AND EMPLOYMENT.—No individual shall be 

excluded from participation in, denied the benefits of, subjected 

to discrimination under, or denied employment in the administration of or in connection with, any such program or activity 

because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), 

national origin, age, disability, or political affiliation or belief. 

(3) PROHIBITION ON ASSISTANCE FOR FACILITIES FOR SECTARIAN INSTRUCTION OR RELIGIOUS WORSHIP.—Participants shall 

not be employed under this title to carry out the construction, 

operation, or maintenance of any part of any facility that is 

used or to be used for sectarian instruction or as a place 

for religious worship (except with respect to the maintenance 

of a facility that is not primarily or inherently devoted to 

sectarian instruction or religious worship, in a case in which 

the organization operating the facility is part of a program 

or activity providing services to participants). 

(4) PROHIBITION ON DISCRIMINATION ON BASIS OF PARTICIPANT STATUS.—No person may discriminate against an individual who is a participant in a program or activity that 

receives funds under this title, with respect to the terms and 

conditions affecting, or rights provided to, the individual, solely 

because of the status of the individual as a participant. 

(5) PROHIBITION ON DISCRIMINATION AGAINST CERTAIN NONCITIZENS.—Participation in programs and activities or receiving 

funds under this title shall be available to citizens and nationals 

of the United States, lawfully admitted permanent resident 

aliens, refugees, asylees, and parolees, and other immigrants 

authorized by the Attorney General to work in the United 

States. 

(b) ACTION OF SECRETARY.—Whenever the Secretary finds that 

a State or other recipient of funds under this title has failed 

to comply with a provision of law referred to in subsection (a)(1), 

or with paragraph (2), (3), (4), or (5) of subsection (a), including 

an applicable regulation prescribed to carry out such provision 

or paragraph, the Secretary shall notify such State or recipient 

and shall request that the State or recipient comply. If within 

a reasonable period of time, not to exceed 60 days, the State 

or recipient fails or refuses to comply, the Secretary may— 

(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; 

or 

(2) take such other action as may be provided by law. 

(c) ACTION OF ATTORNEY GENERAL.—When a matter is referred 

to the Attorney General pursuant to subsection (b)(1), or whenever 

the Attorney General has reason to believe that a State or other 

recipient of funds under this title is engaged in a pattern or practice 

of discrimination in violation of a provision of law referred to 

Time period. 

Notification. 

Compliance. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1599 

in subsection (a)(1) or in violation of paragraph (2), (3), (4), or 

(5) of subsection (a), the Attorney General may bring a civil action 

in any appropriate district court of the United States for such 

relief as may be appropriate, including injunctive relief. 

(d) JOB CORPS.—For the purposes of this section, Job Corps 

members shall be considered to be the ultimate beneficiaries of 

Federal financial assistance. 

(e) REGULATIONS.—The Secretary shall issue regulations necessary to implement this section not later than 1 year after the 

date of enactment of the Workforce Innovation and Opportunity 

Act. Such regulations shall adopt standards for determining 

discrimination and procedures for enforcement that are consistent 

with the Acts referred to in subsection (a)(1), as well as procedures 

to ensure that complaints filed under this section and such Acts 

are processed in a manner that avoids duplication of effort. 

SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES. 

(a) IN GENERAL.—In accordance with chapter 5 of title 5, United 

States Code, the Secretary may prescribe rules and regulations 

to carry out this title, only to the extent necessary to administer 

and ensure compliance with the requirements of this title. Such 

rules and regulations may include provisions making adjustments 

authorized by section 6504 of title 31, United States Code. All 

such rules and regulations shall be published in the Federal Register at least 30 days prior to their effective dates. Copies of each 

such rule or regulation shall be transmitted to the appropriate 

committees of Congress on the date of such publication and shall 

contain, with respect to each material provision of such rule or 

regulation, a citation to the particular substantive section of law 

that is the basis for the provision. 

(b) ACQUISITION OF CERTAIN PROPERTY AND SERVICES.—The 

Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the Department of Labor, and 

employ or dispose of in furtherance of the purposes of this title, 

any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept 

voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code. 

(c) AUTHORITY TO ENTER INTO CERTAIN AGREEMENTS AND TO

MAKE CERTAIN EXPENDITURES.—The Secretary may make such 

grants, enter into such contracts or agreements, establish such 

procedures, and make such payments, in installments and in 

advance or by way of reimbursement, or otherwise allocate or 

expend such funds under this title, as may be necessary to carry 

out this title, including making expenditures for construction, 

repairs, and capital improvements, and including making necessary 

adjustments in payments on account of over-payments or underpayments. 

(d) ANNUAL REPORT.—The Secretary shall prepare and submit 

to the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, Labor, 

and Pensions of the Senate an annual report regarding the programs and activities funded under this title. The Secretary shall 

include in such report— 

Federal Register, 

publication. 

Time period. 

29 USC 3249. 

Deadline. 

Procedures. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1600 PUBLIC LAW 113–128—JULY 22, 2014 

(1) a summary of the achievements, failures, and challenges 

of the programs and activities in meeting the objectives of 

this title; 

(2) a summary of major findings from research, evaluations, 

pilot projects, and experiments conducted under this title in 

the fiscal year prior to the submission of the report; 

(3) recommendations for modifications in the programs and 

activities based on analysis of such findings; and 

(4) such other recommendations for legislative or administrative action as the Secretary determines to be appropriate. 

(e) UTILIZATION OF SERVICES AND FACILITIES.—The Secretary 

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

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

by law other than this title, to accept and use the services and 

facilities of departments, agencies, and establishments of the United 

States. The Secretary is also authorized, in carrying out this title, 

to accept and use the services and facilities of the agencies of 

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

of the State or political subdivision. 

(f) OBLIGATIONAL AUTHORITY.—Notwithstanding any other 

provision of this title, the Secretary shall have no authority to 

enter into contracts, grant agreements, or other financial assistance 

agreements under this title, except to such extent and in such 

amounts as are provided in advance in appropriations Acts. 

(g) PROGRAM YEAR.— 

(1) IN GENERAL.— 

(A) PROGRAM YEAR.—Except as provided in subparagraph (B), appropriations for any fiscal year for programs 

and activities funded under this title shall be available 

for obligation only on the basis of a program year. The 

program year shall begin on July 1 in the fiscal year 

for which the appropriation is made. 

(B) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—The 

Secretary may make available for obligation, beginning 

April 1 of any fiscal year, funds appropriated for such 

fiscal year to carry out youth workforce investment activities under subtitle B and activities under section 171. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Funds obligated for any program 

year for a program or activity funded under subtitle B 

may be expended by each State receiving such funds during 

that program year and the 2 succeeding program years. 

Funds received by local areas from States under subtitle 

B during a program year may be expended during that 

program year and the succeeding program year. 

(B) CERTAIN NATIONAL ACTIVITIES.— 

(i) IN GENERAL.—Funds obligated for any program 

year for any program or activity carried out under 

section 169 shall remain available until expended. 

(ii) INCREMENTAL FUNDING BASIS.—A contract or 

arrangement entered into under the authority of subsection (a) or (b) of section 169 (relating to evaluations, 

research projects, studies and reports, and multistate 

projects), including a long-term, nonseverable services 

contract, may be funded on an incremental basis with 

annual appropriations or other available funds. 

Effective dates. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1601 

(C) SPECIAL RULE.—No amount of the funds obligated 

for a program year for a program or activity funded under 

this title shall be deobligated on account of a rate of 

expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described 

in subtitle D, as appropriate. 

(D) FUNDS FOR PAY-FOR-PERFORMANCE CONTRACT

STRATEGIES.—Funds used to carry out pay-for-performance 

contract strategies by local areas shall remain available 

until expended. 

(h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT.—The 

Secretary shall ensure that each individual participating in any 

program or activity established under this title, or receiving any 

assistance or benefit under this title, has not violated section 3 

of the Military Selective Service Act (50 U.S.C. App. 453) by not 

presenting and submitting to registration as required pursuant 

to such section. The Director of the Selective Service System shall 

cooperate with the Secretary to enable the Secretary to carry out 

this subsection. 

(i) WAIVERS.— 

(1) SPECIAL RULE REGARDING DESIGNATED AREAS.—A State 

that has enacted, not later than December 31, 1997, a State 

law providing for the designation of service delivery areas for 

the delivery of workforce investment activities, may use such 

areas as local areas under this title, notwithstanding section 

106. 

(2) SPECIAL RULE REGARDING SANCTIONS.—A State that has 

enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for 

failure to meet performance accountability measures for 

workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this title. 

(3) GENERAL WAIVERS OF STATUTORY OR REGULATORY

REQUIREMENTS.— 

(A) GENERAL AUTHORITY.—Notwithstanding any other 

provision of law, the Secretary may waive for a State, 

or a local area in a State, pursuant to a request submitted 

by the Governor of the State (in consultation with appropriate local elected officials) with a plan that meets the 

requirements of subparagraph (B)— 

(i) any of the statutory or regulatory requirements 

of subtitle A, subtitle B, or this subtitle (except for 

requirements relating to wage and labor standards, 

including nondisplacement protections, worker rights, 

participation and protection of workers and participants, grievance procedures and judicial review, nondiscrimination, allocation of funds to local areas, eligibility of providers or participants, the establishment 

and functions of local areas and local boards, the 

funding of infrastructure costs for one-stop centers, 

and procedures for review and approval of plans, and 

other requirements relating to the basic purposes of 

this title); and 

(ii) any of the statutory or regulatory requirements 

of sections 8 through 10 of the Wagner-Peyser Act 

Consultation. 

Deadline. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1602 PUBLIC LAW 113–128—JULY 22, 2014 

(29 U.S.C. 49g through 49i) (excluding requirements 

relating to the provision of services to unemployment 

insurance claimants and veterans, and requirements 

relating to universal access to basic labor exchange 

services without cost to jobseekers). 

(B) REQUESTS.—A Governor requesting a waiver under 

subparagraph (A) shall submit a plan to the Secretary 

to improve the statewide workforce development system 

that— 

(i) identifies the statutory or regulatory requirements that are requested to be waived and the goals 

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

intends to achieve as a result of the waiver; 

(ii) describes the actions that the State or local 

area, as appropriate, has undertaken to remove State 

or local statutory or regulatory barriers; 

(iii) describes the goals of the waiver and the 

expected programmatic outcomes if the request is 

granted; 

(iv) describes the individuals impacted by the 

waiver; and 

(v) describes the process used to monitor the 

progress in implementing such a waiver, and the 

process by which notice and, in the case of a waiver 

for a local area, an opportunity to comment on such 

request has been provided to the local board for the 

local area for which the waiver is requested. 

(C) CONDITIONS.—Not later than 90 days after the 

date of the original submission of a request for a waiver 

under subparagraph (A), the Secretary shall provide a 

waiver under this subsection if and only to the extent 

that— 

(i) the Secretary determines that the requirements 

requested to be waived impede the ability of the State 

or local area, as appropriate, to implement the plan 

described in subparagraph (B); and 

(ii) the State has executed a memorandum of 

understanding with the Secretary requiring such State 

to meet, or ensure that the local area for which the 

waiver is requested meets, agreed-upon outcomes and 

to implement other appropriate measures to ensure 

accountability. 

(D) EXPEDITED DETERMINATION REGARDING PROVISION

OF WAIVERS.—If the Secretary has approved a waiver of 

statutory or regulatory requirements for a State or local 

area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that 

waiver, for another State or local area if such waiver is 

in accordance with the approved State or local plan, as 

appropriate. 

SEC. 190. WORKFORCE FLEXIBILITY PLANS. 

(a) PLANS.—A State may submit to the Secretary, and the 

Secretary may approve, a workforce flexibility plan under which 

the State is authorized to waive, in accordance with the plan— 

Waiver authority. 

29 USC 3250. 

Memorandum. 

Determination. 

Deadline. 

Plan. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1603 

(1) any of the statutory or regulatory requirements 

applicable under this title to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this title, wage and 

labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds 

to local areas, establishment and functions of local areas and 

local boards, procedures for review and approval of local plans, 

and worker rights, participation, and protection; 

(2) any of the statutory or regulatory requirements 

applicable under sections 8 through 10 of the Wagner-Peyser 

Act (29 U.S.C. 49g through 49i) to the State (excluding requirements relating to the provision of services to unemployment 

insurance claimants and veterans, and requirements relating 

to universal access to basic labor exchange services without 

cost to jobseekers); and 

(3) any of the statutory or regulatory requirements 

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

3001 et seq.) to State agencies on aging with respect to activities 

carried out using funds allotted under section 506(b) of such 

Act (42 U.S.C. 3056d(b)), except for requirements relating to 

the basic purposes of such Act, wage and labor standards, 

eligibility of participants in the activities, and standards for 

grant agreements. 

(b) CONTENT OF PLANS.—A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions 

of— 

(1)(A) the process by which local areas in the State may 

submit and obtain approval by the State of applications for 

waivers of requirements applicable under this title; and 

(B) the requirements described in subparagraph (A) that 

are likely to be waived by the State under the plan; 

(2) the requirements applicable under sections 8 through 

10 of the Wagner-Peyser Act that are proposed to be waived, 

if any; 

(3) the requirements applicable under the Older Americans 

Act of 1965 that are proposed to be waived, if any; 

(4) the outcomes to be achieved by the waivers described 

in paragraphs (1) through (3); and 

(5) other measures to be taken to ensure appropriate 

accountability for Federal funds in connection with the waivers. 

(c) PERIODS.—The Secretary may approve a workforce flexibility 

plan for a period of not more than 5 years. 

(d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to submitting 

a workforce flexibility plan to the Secretary for approval, the State 

shall provide to all interested parties and to the general public 

adequate notice of and a reasonable opportunity for comment on 

the waiver requests proposed to be implemented pursuant to such 

plan. 

SEC. 191. STATE LEGISLATIVE AUTHORITY. 

(a) AUTHORITY OF STATE LEGISLATURE.—Nothing in this title 

shall be interpreted to preclude the enactment of State legislation 

providing for the implementation, consistent with the provisions 

of this title, of the activities assisted under this title. Any funds 

received by a State under this title shall be subject to appropriation 

29 USC 3251. 

Notice. 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1604 PUBLIC LAW 113–128—JULY 22, 2014 

by the State legislature, consistent with the terms and conditions 

required under this title. 

(b) INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS.— In the event that compliance with provisions of this title would 

be enhanced by compacts and cooperative agreements between 

States, the consent of Congress is given to States to enter into 

such compacts and agreements to facilitate such compliance, subject 

to the approval of the Secretary. 

SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EMPLOYMENT 

SECURITY AGENCY REAL PROPERTY TO THE STATES. 

(a) TRANSFER OF FEDERAL EQUITY.—Notwithstanding any other 

provision of law, any Federal equity acquired in real property 

through grants to States awarded under title III of the Social 

Security Act (42 U.S.C. 501 et seq.) or under the Wagner-Peyser 

Act (29 U.S.C. 49 et seq.) is transferred to the States that used 

the grants for the acquisition of such equity. The portion of any 

real property that is attributable to the Federal equity transferred 

under this section shall be used to carry out activities authorized 

under this Act, title III of the Social Security Act, or the WagnerPeyser Act. Any disposition of such real property shall be carried 

out in accordance with the procedures prescribed by the Secretary 

and the portion of the proceeds from the disposition of such real 

property that is attributable to the Federal equity transferred under 

this section shall be used to carry out activities authorized under 

this Act, title III of the Social Security Act, or the Wagner-Peyser 

Act. 

(b) LIMITATION ON USE.—A State shall not use funds awarded 

under this Act, title III of the Social Security Act, or the WagnerPeyser Act to amortize the costs of real property that is purchased 

by any State on or after the date of enactment of the Revised 

Continuing Appropriations Resolution, 2007. 

SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLICIES. 

(a) IN GENERAL.—Notwithstanding any other provision of this 

title, the Secretary may not deny approval of a State plan for 

a covered State, or an application of a covered State for financial 

assistance, under this title, or find a covered State (including a 

State board or Governor), or a local area (including a local board 

or chief elected official) in a covered State, in violation of a provision 

of this title, on the basis that— 

(1)(A) the State proposes to allocate or disburse, allocates, 

or disburses, within the State, funds made available to the 

State under section 127 or 132 in accordance with the allocation 

formula for the type of activities involved, or in accordance 

with a disbursal procedure or process, used by the State under 

prior consistent State laws; or 

(B) a local board in the State proposes to disburse, or 

disburses, within the local area, funds made available to the 

State under section 127 or 132 in accordance with a disbursal 

procedure or process used by a private industry council under 

prior consistent State law; 

(2) the State proposes to carry out or carries out a State 

procedure through which local areas use, as fiscal agents for 

funds made available to the State under section 127 or 132 

and allocated within the State, fiscal agents selected in accordance with a process established under prior consistent State 

laws; 

29 USC 3253. 

29 USC 3252. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1605 

(3) the State proposes to carry out or carries out a State 

procedure through which the local boards in the State (or 

the local boards, the chief elected officials in the State, and 

the Governor) designate or select the one-stop partners and 

one-stop operators of the statewide system in the State under 

prior consistent State laws, in lieu of making the designation 

or certification described in section 121 (regardless of the date 

the one-stop delivery systems involved have been established); 

(4) the State proposes to carry out or carries out a State 

procedure through which the persons responsible for selecting 

eligible providers for purposes of subtitle B are permitted to 

determine that a provider shall not be selected to provide 

both intake services under section 134(c)(2) and training services under section 134(c)(3), under prior consistent State laws; 

(5) the State proposes to designate or designates a State 

board, or proposes to assign or assigns functions and roles 

of the State board (including determining the time periods 

for development and submission of a State plan required under 

section 102 or 103), for purposes of subtitle A in accordance 

with prior consistent State laws; or 

(6) a local board in the State proposes to use or carry 

out, uses, or carries out a local plan (including assigning functions and roles of the local board) for purposes of subtitle 

A in accordance with the authorities and requirements 

applicable to local plans and private industry councils under 

prior consistent State laws. 

(b) DEFINITION.—In this section: 

(1) COVERED STATE.—The term ‘‘covered State’’ means a 

State that enacted State laws described in paragraph (2). 

(2) PRIOR CONSISTENT STATE LAWS.—The term ‘‘prior consistent State laws’’ means State laws, not inconsistent with 

the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September 

1, 1995, and September 1, 1997. 

SEC. 194. GENERAL PROGRAM REQUIREMENTS. 

Except as otherwise provided in this title, the following conditions apply to all programs under this title: 

(1) Each program under this title shall provide employment 

and training opportunities to those who can benefit from, and 

who are most in need of, such opportunities. In addition, the 

recipients of Federal funding for programs under this title 

shall make efforts to develop programs that contribute to 

occupational development, upward mobility, development of 

new careers, and opportunities for nontraditional employment. 

(2) Funds provided under this title shall only be used 

for activities that are in addition to activities that would otherwise be available in the local area in the absence of such 

funds. 

(3)(A) Any local area may enter into an agreement with 

another local area (including a local area that is a city or 

county within the same labor market) to pay or share the 

cost of educating, training, or placing individuals participating 

in programs assisted under this title, including the provision 

of supportive services. 

29 USC 3254. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1606 PUBLIC LAW 113–128—JULY 22, 2014 

(B) Such agreement shall be approved by each local board 

for a local area entering into the agreement and shall be 

described in the local plan under section 108. 

(4) On-the-job training contracts under this title, shall not 

be entered into with employers who have received payments 

under previous contracts under this Act or the Workforce 

Investment Act of 1998 and have exhibited a pattern of failing 

to provide on-the-job training participants with continued longterm employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other 

employees working a similar length of time and doing the 

same type of work. 

(5) No person or organization may charge an individual 

a fee for the placement or referral of the individual in or 

to a workforce investment activity under this title. 

(6) The Secretary shall not provide financial assistance 

for any program under this title that involves political activities. 

(7)(A) Income under any program administered by a public 

or private nonprofit entity may be retained by such entity 

only if such income is used to continue to carry out the program. 

(B) Income subject to the requirements of subparagraph 

(A) shall include— 

(i) receipts from goods or services (including conferences) provided as a result of activities funded under 

this title; 

(ii) funds provided to a service provider under this 

title that are in excess of the costs associated with the 

services provided; and 

(iii) interest income earned on funds received under 

this title. 

(C) For purposes of this paragraph, each entity receiving 

financial assistance under this title shall maintain records sufficient to determine the amount of such income received and 

the purposes for which such income is expended. 

(8)(A) The Secretary shall notify the Governor and the 

appropriate local board and chief elected official of, and consult 

with the Governor and such board and official concerning, 

any activity to be funded by the Secretary under this title 

within the corresponding State or local area. 

(B) The Governor shall notify the appropriate local board 

and chief elected official of, and consult with such board and 

official concerning, any activity to be funded by the Governor 

under this title within the corresponding local area. 

(9)(A) All education programs for youth supported with 

funds provided under chapter 2 of subtitle B shall be consistent 

with applicable State and local educational standards. 

(B) Standards and procedures with respect to awarding 

academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with 

the requirements of applicable State and local law, including 

regulation. 

(10) No funds available under this title may be used for 

public service employment except as specifically authorized 

under this title. 

Notification. 

Records. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1607 

(11) The Federal requirements governing the title, use, 

and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the corresponding Federal requirements generally applicable to such 

items purchased through Federal grants to States and local 

governments. 

(12) Nothing in this title shall be construed to provide 

an individual with an entitlement to a service under this title. 

(13) Services, facilities, or equipment funded under this 

title may be used, as appropriate, on a fee-for-service basis, 

by employers in a local area in order to provide employment 

and training activities to incumbent workers— 

(A) when such services, facilities, or equipment are 

not in use for the provision of services for eligible participants under this title; 

(B) if such use for incumbent workers would not have 

an adverse effect on the provision of services to eligible 

participants under this title; and 

(C) if the income derived from such fees is used to 

carry out the programs authorized under this title. 

(14) Funds provided under this title shall not be used 

to establish or operate a stand-alone fee-for-service enterprise 

in a situation in which a private sector employment agency 

(as defined in section 701 of the Civil Rights Act of 1964 

(42 U.S.C. 2000e)) is providing full access to similar or related 

services in such a manner as to fully meet the identified need. 

For purposes of this paragraph, such an enterprise does not 

include a one-stop delivery system described in section 121(e). 

(15)(A) None of the funds available under this title shall 

be used by a recipient or subrecipient of such funds to pay 

the salary and bonuses of an individual, either as direct costs 

or indirect costs, at a rate in excess of the annual rate of 

basic pay prescribed for level II of the Executive Schedule 

under section 5313 of title 5, United States Code. 

(B) The limitation described in subparagraph (A) shall 

not apply to vendors providing goods and services as defined 

in Office of Management and Budget Circular A–133. In a 

case in which a State is a recipient of such funds, the State 

may establish a lower limit than is provided in subparagraph 

(A) for salaries and bonuses of those receiving salaries and 

bonuses from a subrecipient of such funds, taking into account 

factors including the relative cost of living in the State, the 

compensation levels for comparable State or local government 

employees, and the size of the organizations that administer 

the Federal programs involved. 

SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES. 

(a) PUBLICITY RESTRICTIONS.— 

(1) IN GENERAL.—No funds provided under this Act shall 

be used for— 

(A) publicity or propaganda purposes; or 

(B) the preparation, distribution, or use of any kit, 

pamphlet, booklet, publication, electronic communication, 

radio, television, or video presentation designed to support 

or defeat— 

29 USC 3255. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1608 PUBLIC LAW 113–128—JULY 22, 2014 

(i) the enactment of legislation before Congress 

or any State or local legislature or legislative body; 

or 

(ii) any proposed or pending regulation, administrative action, or order issued by the executive branch 

of any State or local government. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) normal and recognized executive-legislative relationships; 

(B) the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body; 

or 

(C) such preparation, distribution, or use of such materials in presentation to the executive branch of any State 

or local government. 

(b) SALARY RESTRICTIONS.— 

(1) IN GENERAL.—No funds provided under this Act shall 

be used to pay the salary or expenses of any grant or contract 

recipient, or agent acting for such recipient, related to any 

activity designed to influence the enactment or issuance of 

legislation, appropriations, regulations, administrative action, 

or an Executive order proposed or pending before Congress 

or any State government, or a State or local legislature or 

legislative body. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) normal and recognized executive-legislative relationships; or 

(B) participation by an agency or officer of a State, 

local, or tribal government in policymaking and administrative processes within the executive branch of that government. 

TITLE II—ADULT EDUCATION AND 

LITERACY 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Adult Education and Family 

Literacy Act’’. 

SEC. 202. PURPOSE. 

It is the purpose of this title to create a partnership among 

the Federal Government, States, and localities to provide, on a 

voluntary basis, adult education and literacy activities, in order 

to— 

(1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic selfsufficiency; 

(2) assist adults who are parents or family members to 

obtain the education and skills that— 

(A) are necessary to becoming full partners in the 

educational development of their children; and 

(B) lead to sustainable improvements in the economic 

opportunities for their family; 

29 USC 3271. 

29 USC 3101 

note. 

Adult Education 

and Family 

Literacy Act. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1609 

(3) assist adults in attaining a secondary school diploma 

and in the transition to postsecondary education and training, 

including through career pathways; and 

(4) assist immigrants and other individuals who are 

English language learners in— 

(A) improving their— 

(i) reading, writing, speaking, and comprehension 

skills in English; and 

(ii) mathematics skills; and 

(B) acquiring an understanding of the American system 

of Government, individual freedom, and the responsibilities 

of citizenship. 

SEC. 203. DEFINITIONS. 

In this title: 

(1) ADULT EDUCATION.—The term ‘‘adult education’’ means 

academic instruction and education services below the postsecondary level that increase an individual’s ability to— 

(A) read, write, and speak in English and perform 

mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized 

equivalent; 

(B) transition to postsecondary education and training; 

and 

(C) obtain employment. 

(2) ADULT EDUCATION AND LITERACY ACTIVITIES.—The term 

‘‘adult education and literacy activities’’ means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy 

activities, English language acquisition activities, integrated 

English literacy and civics education, workforce preparation 

activities, or integrated education and training. 

(3) ELIGIBLE AGENCY.—The term ‘‘eligible agency’’ means 

the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education 

and literacy activities in the State or outlying area, respectively, 

consistent with the law of the State or outlying area, respectively. 

(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’ 

means an individual— 

(A) who has attained 16 years of age; 

(B) who is not enrolled or required to be enrolled 

in secondary school under State law; and 

(C) who— 

(i) is basic skills deficient; 

(ii) does not have a secondary school diploma or 

its recognized equivalent, and has not achieved an 

equivalent level of education; or 

(iii) is an English language learner. 

(5) ELIGIBLE PROVIDER.—The term ‘‘eligible provider’’ 

means an organization that has demonstrated effectiveness 

in providing adult education and literacy activities that may 

include— 

(A) a local educational agency; 

(B) a community-based organization or faith-based 

organization; 

(C) a volunteer literacy organization; 

29 USC 3272. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1610 PUBLIC LAW 113–128—JULY 22, 2014 

(D) an institution of higher education; 

(E) a public or private nonprofit agency; 

(F) a library; 

(G) a public housing authority; 

(H) a nonprofit institution that is not described in 

any of subparagraphs (A) through (G) and has the ability 

to provide adult education and literacy activities to eligible 

individuals; 

(I) a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any 

of subparagraphs (A) through (H); and 

(J) a partnership between an employer and an entity 

described in any of subparagraphs (A) through (I). 

(6) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The term 

‘‘English language acquisition program’’ means a program of 

instruction— 

(A) designed to help eligible individuals who are 

English language learners achieve competence in reading, 

writing, speaking, and comprehension of the English language; and 

(B) that leads to— 

(i)(I) attainment of a secondary school diploma or 

its recognized equivalent; and 

(II) transition to postsecondary education and 

training; or 

(ii) employment. 

(7) ENGLISH LANGUAGE LEARNER.—The term ‘‘English language learner’’ when used with respect to an eligible individual, 

means an eligible individual who has limited ability in reading, 

writing, speaking, or comprehending the English language, 

and— 

(A) whose native language is a language other than 

English; or 

(B) who lives in a family or community environment 

where a language other than English is the dominant language. 

(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 

The term ‘‘essential components of reading instruction’’ has 

the meaning given the term in section 1208 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6368). 

(9) FAMILY LITERACY ACTIVITIES.—The term ‘‘family literacy 

activities’’ means activities that are of sufficient intensity and 

quality, to make sustainable improvements in the economic 

prospects for a family and that better enable parents or family 

members to support their children’s learning needs, and that 

integrate all of the following activities: 

(A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education 

or training, career advancement, and economic self-sufficiency. 

(B) Interactive literacy activities between parents or 

family members and their children. 

(C) Training for parents or family members regarding 

how to be the primary teacher for their children and full 

partners in the education of their children. 

(D) An age-appropriate education to prepare children 

for success in school and life experiences. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1611 

(10) INSTITUTION OF HIGHER EDUCATION.—The term 

‘‘institution of higher education’’ has the meaning given the 

term in section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001). 

(11) INTEGRATED EDUCATION AND TRAINING.—The term 

‘‘integrated education and training’’ means a service approach 

that provides adult education and literacy activities concurrently and contextually with workforce preparation activities 

and workforce training for a specific occupation or occupational 

cluster for the purpose of educational and career advancement. 

(12) INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.—The term ‘‘integrated English literacy and civics education’’ means education services provided to English language 

learners who are adults, including professionals with degrees 

and credentials in their native countries, that enables such 

adults to achieve competency in the English language and 

acquire the basic and more advanced skills needed to function 

effectively as parents, workers, and citizens in the United 

States. Such services shall include instruction in literacy and 

English language acquisition and instruction on the rights and 

responsibilities of citizenship and civic participation, and may 

include workforce training. 

(13) LITERACY.—The term ‘‘literacy’’ means an individual’s 

ability to read, write, and speak in English, compute, and 

solve problems, at levels of proficiency necessary to function 

on the job, in the family of the individual, and in society. 

(14) POSTSECONDARY EDUCATIONAL INSTITUTION.—The term 

‘‘postsecondary educational institution’’ means— 

(A) an institution of higher education that provides 

not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; 

(B) a tribally controlled college or university; or 

(C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. 

(15) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

(16) WORKPLACE ADULT EDUCATION AND LITERACY ACTIVITIES.—The term ‘‘workplace adult education and literacy activities’’ means adult education and literacy activities offered by 

an eligible provider in collaboration with an employer or 

employee organization at a workplace or an off-site location 

that is designed to improve the productivity of the workforce. 

(17) WORKFORCE PREPARATION ACTIVITIES.—The term 

‘‘workforce preparation activities’’ means activities, programs, 

or services designed to help an individual acquire a combination 

of basic academic skills, critical thinking skills, digital literacy 

skills, and self-management skills, including competencies in 

utilizing resources, using information, working with others, 

understanding systems, and obtaining skills necessary for 

successful transition into and completion of postsecondary education or training, or employment. 

SEC. 204. HOME SCHOOLS. 

Nothing in this title shall be construed to affect home schools, 

whether a home school is treated as a home school or a private 

school under State law, or to compel a parent or family member 

29 USC 3273. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1612 PUBLIC LAW 113–128—JULY 22, 2014 

engaged in home schooling to participate in adult education and 

literacy activities. 

SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY 

TRANSITION AND CONCURRENT ENROLLMENT ACTIVITIES. 

Nothing in this title shall be construed to prohibit or discourage 

the use of funds provided under this title for adult education and 

literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent 

enrollment activities. 

SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, 

$635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, 

$664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 

2020. 

Subtitle A—Federal Provisions 

SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; 

ALLOTMENTS. 

(a) RESERVATION OF FUNDS.—From the sum appropriated under 

section 206 for a fiscal year, the Secretary— 

(1) shall reserve 2 percent to carry out section 242, except that the amount so reserved shall not exceed $15,000,000; 

and 

(2) shall reserve 12 percent of the amount that remains 

after reserving funds under paragraph (1) to carry out section 

243. 

(b) GRANTS TO ELIGIBLE AGENCIES.— (1) IN GENERAL.—From the sum appropriated under section 

206 and not reserved under subsection (a) for a fiscal year, 

the Secretary shall award a grant to each eligible agency having 

a unified State plan approved under section 102 or a combined 

State plan approved under section 103 in an amount equal 

to the sum of the initial allotment under subsection (c)(1) 

and the additional allotment under subsection (c)(2) for the 

eligible agency for the fiscal year, subject to subsections (f) 

and (g), to enable the eligible agency to carry out the activities 

assisted under this title. 

(2) PURPOSE OF GRANTS.—The Secretary may award a grant 

under paragraph (1) only if the eligible entity involved agrees 

to expend the grant for adult education and literacy activities 

in accordance with the provisions of this title. 

(c) ALLOTMENTS.— 

(1) INITIAL ALLOTMENTS.—From the sum appropriated 

under section 206 and not reserved under subsection (a) for 

a fiscal year, the Secretary shall allot to each eligible agency 

having a unified State plan approved under section 102 or 

a combined State plan approved under section 103— 

(A) $100,000, in the case of an eligible agency serving 

an outlying area; and 

(B) $250,000, in the case of any other eligible agency. 

(2) ADDITIONAL ALLOTMENTS.—From the sum appropriated 

under section 206, not reserved under subsection (a), and not 

29 USC 3291. 

29 USC 3275. 

29 USC 3274. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1613 

allotted under paragraph (1), for a fiscal year, the Secretary 

shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears 

the same relationship to such sum as the number of qualifying 

adults in the State or outlying area served by the eligible 

agency bears to the number of such adults in all States and 

outlying areas. 

(d) QUALIFYING ADULT.—For the purpose of subsection (c)(2), 

the term ‘‘qualifying adult’’ means an adult who— 

(1) is at least 16 years of age; 

(2) is beyond the age of compulsory school attendance under 

the law of the State or outlying area; 

(3) does not have a secondary school diploma or its recognized equivalent; and 

(4) is not enrolled in secondary school. 

(e) SPECIAL RULE.— 

(1) IN GENERAL.—From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award 

grants to Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, or the Republic of Palau to carry 

out activities described in this title in accordance with the 

provisions of this title, as determined by the Secretary. 

(2) AWARD BASIS.—The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant 

to the recommendations from the Pacific Region Educational 

Laboratory in Honolulu, Hawaii. 

(3) TERMINATION OF ELIGIBILITY.—Notwithstanding any 

other provision of law, the Republic of Palau shall be eligible 

to receive a grant under this title except during the period 

described in section 3(45). 

(4) ADMINISTRATIVE COSTS.—The Secretary may provide 

not more than 5 percent of the funds made available for grants 

under this subsection to pay the administrative costs of the 

Pacific Region Educational Laboratory regarding activities 

assisted under this subsection. 

(f) HOLD-HARMLESS PROVISIONS.— 

(1) IN GENERAL.—Notwithstanding subsection (c), for fiscal 

year 2015 and each succeeding fiscal year, no eligible agency 

shall receive an allotment under this section that is less than 

90 percent of the allotment the eligible agency received for 

the preceding fiscal year under this section. 

(2) RATABLE REDUCTION.—If for any fiscal year the amount 

available for allotment under this title is insufficient to satisfy 

the provisions of paragraph (1) the Secretary shall ratably 

reduce the payments to all eligible agencies, as necessary. 

(g) REALLOTMENT.—The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines 

will not be required for the period such allotment is available 

for carrying out activities under this title, shall be available for 

reallotment from time to time, on such dates during such period 

as the Secretary shall fix, to other eligible agencies in proportion 

to the original allotments to such agencies under this title for 

such year. 

Territories. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1614 PUBLIC LAW 113–128—JULY 22, 2014 

SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

Programs and activities authorized in this title are subject 

to the performance accountability provisions described in section 

116. 

Subtitle B—State Provisions 

SEC. 221. STATE ADMINISTRATION. 

Each eligible agency shall be responsible for the State or outlying area administration of activities under this title, including— 

(1) the development, implementation, and monitoring of 

the relevant components of the unified State plan in section 

102 or the combined State plan in section 103; 

(2) consultation with other appropriate agencies, groups, 

and individuals that are involved in, or interested in, the 

development and implementation of activities assisted under 

this title; and 

(3) coordination and nonduplication with other Federal and 

State education, training, corrections, public housing, and social 

service programs. 

SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT. 

(a) STATE DISTRIBUTION OF FUNDS.—Each eligible agency 

receiving a grant under section 211(b) for a fiscal year— 

(1) shall use not less than 82.5 percent of the grant funds 

to award grants and contracts under section 231 and to carry 

out section 225, of which not more than 20 percent of such 

amount shall be available to carry out section 225; 

(2) shall use not more than 12.5 percent of the grant 

funds to carry out State leadership activities under section 

223; and 

(3) shall use not more than 5 percent of the grant funds, 

or $85,000, whichever is greater, for the administrative 

expenses of the eligible agency. 

(b) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—In order to receive a grant from the 

Secretary under section 211(b) each eligible agency shall provide, for the costs to be incurred by the eligible agency in 

carrying out the adult education and literacy activities for 

which the grant is awarded, a non-Federal contribution in 

an amount that is not less than— 

(A) in the case of an eligible agency serving an outlying 

area, 12 percent of the total amount of funds expended 

for adult education and literacy activities in the outlying 

area, except that the Secretary may decrease the amount 

of funds required under this subparagraph for an eligible 

agency; and 

(B) in the case of an eligible agency serving a State, 

25 percent of the total amount of funds expended for adult 

education and literacy activities in the State. 

(2) NON-FEDERAL CONTRIBUTION.—An eligible agency’s nonFederal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include 

only non-Federal funds that are used for adult education and 

literacy activities in a manner that is consistent with the purpose of this title. 

29 USC 3302. 

29 USC 3301. 

29 USC 3292. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1615 

SEC. 223. STATE LEADERSHIP ACTIVITIES. 

(a) ACTIVITIES.— (1) REQUIRED.—Each eligible agency shall use funds made 

available under section 222(a)(2) for the following adult education and literacy activities to develop or enhance the adult 

education system of the State or outlying area: 

(A) The alignment of adult education and literacy 

activities with other core programs and one-stop partners, 

including eligible providers, to implement the strategy 

identified in the unified State plan under section 102 or 

the combined State plan under section 103, including the 

development of career pathways to provide access to 

employment and training services for individuals in adult 

education and literacy activities. 

(B) The establishment or operation of high quality 

professional development programs to improve the instruction provided pursuant to local activities required under 

section 231(b), including instruction incorporating the 

essential components of reading instruction as such components relate to adults, instruction related to the specific 

needs of adult learners, instruction provided by volunteers 

or by personnel of a State or outlying area, and dissemination of information about models and promising practices 

related to such programs. 

(C) The provision of technical assistance to eligible 

providers of adult education and literacy activities receiving 

funds under this title, including— 

(i) the development and dissemination of instructional and programmatic practices based on the most 

rigorous or scientifically valid research available and 

appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training; 

(ii) the role of eligible providers as a one-stop 

partner to provide access to employment, education, 

and training services; and 

(iii) assistance in the use of technology, including 

for staff training, to eligible providers, especially the 

use of technology to improve system efficiencies. 

(D) The monitoring and evaluation of the quality of, 

and the improvement in, adult education and literacy 

activities and the dissemination of information about 

models and proven or promising practices within the State. 

(2) PERMISSIBLE ACTIVITIES.—Each eligible agency may use 

funds made available under section 222(a)(2) for 1 or more 

of the following adult education and literacy activities: 

(A) The support of State or regional networks of literacy resource centers. 

(B) The development and implementation of technology 

applications, translation technology, or distance education, 

including professional development to support the use of 

instructional technology. 

(C) Developing and disseminating curricula, including 

curricula incorporating the essential components of reading 

instruction as such components relate to adults. 

(D) Developing content and models for integrated education and training and career pathways. 

29 USC 3303. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1616 PUBLIC LAW 113–128—JULY 22, 2014 

(E) The provision of assistance to eligible providers 

in developing and implementing programs that achieve 

the objectives of this title and in measuring the progress 

of those programs in achieving such objectives, including 

meeting the State adjusted levels of performance described 

in section 116(b)(3). 

(F) The development and implementation of a system 

to assist in the transition from adult education to postsecondary education, including linkages with postsecondary 

educational institutions or institutions of higher education. 

(G) Integration of literacy and English language 

instruction with occupational skill training, including promoting linkages with employers. 

(H) Activities to promote workplace adult education 

and literacy activities. 

(I) Identifying curriculum frameworks and aligning rigorous content standards that— 

(i) specify what adult learners should know and 

be able to do in the areas of reading and language 

arts, mathematics, and English language acquisition; 

and 

(ii) take into consideration the following: 

(I) State adopted academic standards. 

(II) The current adult skills and literacy 

assessments used in the State or outlying area. 

(III) The primary indicators of performance 

described in section 116. 

(IV) Standards and academic requirements for 

enrollment in nonremedial, for-credit courses in 

postsecondary educational institutions or institutions of higher education supported by the State 

or outlying area. 

(V) Where appropriate, the content of occupational and industry skill standards widely used 

by business and industry in the State or outlying 

area. 

(J) Developing and piloting of strategies for improving 

teacher quality and retention. 

(K) The development and implementation of programs 

and services to meet the needs of adult learners with 

learning disabilities or English language learners, which 

may include new and promising assessment tools and 

strategies that are based on scientifically valid research, 

where appropriate, and identify the needs and capture 

the gains of such students at the lowest achievement levels. 

(L) Outreach to instructors, students, and employers. 

(M) Other activities of statewide significance that promote the purpose of this title. 

(b) COLLABORATION.—In carrying out this section, eligible agencies shall collaborate where possible, and avoid duplicating efforts, 

in order to maximize the impact of the activities described in 

subsection (a). 

(c) STATE-IMPOSED REQUIREMENTS.—Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that 

has the effect of imposing a requirement that is not imposed under 

Federal law (including any rule or policy based on a State or 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1617 

outlying area interpretation of a Federal statute, regulation, or 

guideline), the State or outlying area shall identify, to eligible 

providers, the rule or policy as being imposed by the State or 

outlying area. 

SEC. 224. STATE PLAN. 

Each State desiring to receive funds under this title for any 

fiscal year shall submit and have approved a unified State plan 

in accordance with section 102 or a combined State plan in accordance with section 103. 

SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER 

INSTITUTIONALIZED INDIVIDUALS. 

(a) PROGRAM AUTHORIZED.—From funds made available under 

section 222(a)(1) for a fiscal year, each eligible agency shall carry 

out corrections education and education for other institutionalized 

individuals. 

(b) USES OF FUNDS.—The funds described in subsection (a) 

shall be used for the cost of educational programs for criminal 

offenders in correctional institutions and for other institutionalized 

individuals, including academic programs for— 

(1) adult education and literacy activities; 

(2) special education, as determined by the eligible agency; 

(3) secondary school credit; 

(4) integrated education and training; 

(5) career pathways; 

(6) concurrent enrollment; 

(7) peer tutoring; and 

(8) transition to re-entry initiatives and other postrelease 

services with the goal of reducing recidivism. 

(c) PRIORITY.—Each eligible agency that is using assistance 

provided under this section to carry out a program for criminal 

offenders within a correctional institution shall give priority to 

serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. 

(d) REPORT.—In addition to any report required under section 

116, each eligible agency that receives assistance provided under 

this section shall annually prepare and submit to the Secretary 

a report on the progress, as described in section 116, of the eligible 

agency with respect to the programs and activities carried out 

under this section, including the relative rate of recidivism for 

the criminal offenders served. 

(e) DEFINITIONS.—In this section: 

(1) CORRECTIONAL INSTITUTION.—The term ‘‘correctional 

institution’’ means any— 

(A) prison; 

(B) jail; 

(C) reformatory; 

(D) work farm; 

(E) detention center; or 

(F) halfway house, community-based rehabilitation 

center, or any other similar institution designed for the 

confinement or rehabilitation of criminal offenders. 

(2) CRIMINAL OFFENDER.—The term ‘‘criminal offender’’ 

means any individual who is charged with or convicted of 

any criminal offense. 

29 USC 3305. 

29 USC 3304. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1618 PUBLIC LAW 113–128—JULY 22, 2014 

Subtitle C—Local Provisions 

SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS. 

(a) GRANTS AND CONTRACTS.—From grant funds made available 

under section 222(a)(1), each eligible agency shall award multiyear 

grants or contracts, on a competitive basis, to eligible providers 

within the State or outlying area to enable the eligible providers 

to develop, implement, and improve adult education and literacy 

activities within the State. 

(b) REQUIRED LOCAL ACTIVITIES.—The eligible agency shall 

require that each eligible provider receiving a grant or contract 

under subsection (a) use the grant or contract to establish or operate 

programs that provide adult education and literacy activities, 

including programs that provide such activities concurrently. 

(c) DIRECT AND EQUITABLE ACCESS; SAME PROCESS.—Each 

eligible agency receiving funds under this title shall ensure that— 

(1) all eligible providers have direct and equitable access 

to apply and compete for grants or contracts under this section; 

and 

(2) the same grant or contract announcement process and 

application process is used for all eligible providers in the 

State or outlying area. 

(d) SPECIAL RULE.—Each eligible agency awarding a grant or 

contract under this section shall not use any funds made available 

under this title for adult education and literacy activities for the 

purpose of supporting or providing programs, services, or activities 

for individuals who are not individuals described in subparagraphs 

(A) and (B) of section 203(4), except that such agency may use 

such funds for such purpose if such programs, services, or activities 

are related to family literacy activities. In providing family literacy 

activities under this title, an eligible provider shall attempt to 

coordinate with programs and services that are not assisted under 

this title prior to using funds for adult education and literacy 

activities under this title for activities other than activities for 

eligible individuals. 

(e) CONSIDERATIONS.—In awarding grants or contracts under 

this section, the eligible agency shall consider— 

(1) the degree to which the eligible provider would be 

responsive to— 

(A) regional needs as identified in the local plan under 

section 108; and 

(B) serving individuals in the community who were 

identified in such plan as most in need of adult education 

and literacy activities, including individuals— 

(i) who have low levels of literacy skills; or 

(ii) who are English language learners; 

(2) the ability of the eligible provider to serve eligible 

individuals with disabilities, including eligible individuals with 

learning disabilities; 

(3) past effectiveness of the eligible provider in improving 

the literacy of eligible individuals, to meet State-adjusted levels 

of performance for the primary indicators of performance 

described in section 116, especially with respect to eligible 

individuals who have low levels of literacy; 

(4) the extent to which the eligible provider demonstrates 

alignment between proposed activities and services and the 

29 USC 3321. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1619 

strategy and goals of the local plan under section 108, as 

well as the activities and services of the one-stop partners; 

(5) whether the eligible provider’s program— 

(A) is of sufficient intensity and quality, and based 

on the most rigorous research available so that participants 

achieve substantial learning gains; and 

(B) uses instructional practices that include the essential components of reading instruction; 

(6) whether the eligible provider’s activities, including 

whether reading, writing, speaking, mathematics, and English 

language acquisition instruction delivered by the eligible provider, are based on the best practices derived from the most 

rigorous research available and appropriate, including scientifically valid research and effective educational practice; 

(7) whether the eligible provider’s activities effectively use 

technology, services, and delivery systems, including distance 

education in a manner sufficient to increase the amount and 

quality of learning and how such technology, services, and 

systems lead to improved performance; 

(8) whether the eligible provider’s activities provide 

learning in context, including through integrated education and 

training, so that an individual acquires the skills needed to 

transition to and complete postsecondary education and 

training programs, obtain and advance in employment leading 

to economic self-sufficiency, and to exercise the rights and 

responsibilities of citizenship; 

(9) whether the eligible provider’s activities are delivered 

by well-trained instructors, counselors, and administrators who 

meet any minimum qualifications established by the State, 

where applicable, and who have access to high quality professional development, including through electronic means; 

(10) whether the eligible provider’s activities coordinate 

with other available education, training, and social service 

resources in the community, such as by establishing strong 

links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job 

training programs, and social service agencies, business, 

industry, labor organizations, community-based organizations, 

nonprofit organizations, and intermediaries, for the development of career pathways; 

(11) whether the eligible provider’s activities offer flexible 

schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health 

services, and career planning) that are necessary to enable 

individuals, including individuals with disabilities or other special needs, to attend and complete programs; 

(12) whether the eligible provider maintains a high-quality 

information management system that has the capacity to report 

measurable participant outcomes (consistent with section 116) 

and to monitor program performance; and 

(13) whether the local areas in which the eligible provider 

is located have a demonstrated need for additional English 

language acquisition programs and civics education programs. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1620 PUBLIC LAW 113–128—JULY 22, 2014 

SEC. 232. LOCAL APPLICATION. 

Each eligible provider desiring a grant or contract from an 

eligible agency shall submit an application to the eligible agency 

containing such information and assurances as the eligible agency 

may require, including— 

(1) a description of how funds awarded under this title 

will be spent consistent with the requirements of this title; 

(2) a description of any cooperative arrangements the 

eligible provider has with other agencies, institutions, or 

organizations for the delivery of adult education and literacy 

activities; 

(3) a description of how the eligible provider will provide 

services in alignment with the local plan under section 108, 

including how such provider will promote concurrent enrollment 

in programs and activities under title I, as appropriate; 

(4) a description of how the eligible provider will meet 

the State adjusted levels of performance described in section 

116(b)(3), including how such provider will collect data to report 

on such performance indicators; 

(5) a description of how the eligible provider will fulfill 

one-stop partner responsibilities as described in section 

121(b)(1)(A), as appropriate; 

(6) a description of how the eligible provider will provide 

services in a manner that meets the needs of eligible individuals; and 

(7) information that addresses the considerations described 

under section 231(e), as applicable. 

SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

(a) IN GENERAL.—Subject to subsection (b), of the amount that 

is made available under this title to an eligible provider— 

(1) not less than 95 percent shall be expended for carrying 

out adult education and literacy activities; and 

(2) the remaining amount, not to exceed 5 percent, shall 

be used for planning, administration (including carrying out 

the requirements of section 116), professional development, and 

the activities described in paragraphs (3) and (5) of section 

232. 

(b) SPECIAL RULE.—In cases where the cost limits described 

in subsection (a) are too restrictive to allow for the activities 

described in subsection (a)(2), the eligible provider shall negotiate 

with the eligible agency in order to determine an adequate level 

of funds to be used for noninstructional purposes. 

Subtitle D—General Provisions 

SEC. 241. ADMINISTRATIVE PROVISIONS. 

(a) SUPPLEMENT NOT SUPPLANT.—Funds made available for 

adult education and literacy activities under this title shall supplement and not supplant other State or local public funds expended 

for adult education and literacy activities. 

(b) MAINTENANCE OF EFFORT.— 

(1) IN GENERAL.— 

(A) DETERMINATION.—An eligible agency may receive 

funds under this title for any fiscal year if the Secretary 

finds that the fiscal effort per student or the aggregate 

29 USC 3331. 

29 USC 3323. 

29 USC 3322. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1621 

expenditures of such eligible agency for activities under 

this title, in the second preceding fiscal year, were not 

less than 90 percent of the fiscal effort per student or 

the aggregate expenditures of such eligible agency for adult 

education and literacy activities in the third preceding 

fiscal year. 

(B) PROPORTIONATE REDUCTION.—Subject to paragraphs (2), (3), and (4), for any fiscal year with respect 

to which the Secretary determines under subparagraph 

(A) that the fiscal effort or the aggregate expenditures 

of an eligible agency for the preceding program year were 

less than such effort or expenditures for the second preceding program year, the Secretary— 

(i) shall determine the percentage decreases in 

such effort or in such expenditures; and 

(ii) shall decrease the payment made under this 

title for such program year to the agency for adult 

education and literacy activities by the lesser of such 

percentages. 

(2) COMPUTATION.—In computing the fiscal effort and 

aggregate expenditures under paragraph (1), the Secretary shall 

exclude capital expenditures and special one-time project costs. 

(3) DECREASE IN FEDERAL SUPPORT.—If the amount made 

available for adult education and literacy activities under this 

title for a fiscal year is less than the amount made available 

for adult education and literacy activities under this title for 

the preceding fiscal year, then the fiscal effort per student 

and the aggregate expenditures of an eligible agency required 

in order to avoid a reduction under paragraph (1)(B) shall 

be decreased by the same percentage as the percentage decrease 

in the amount so made available. 

(4) WAIVER.—The Secretary may waive the requirements 

of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiver would be equitable due to 

exceptional or uncontrollable circumstances, such as a natural 

disaster or an unforeseen and precipitous decline in the financial resources of the State or outlying area of the eligible 

agency. If the Secretary grants a waiver under the preceding 

sentence for a fiscal year, the level of effort required under 

paragraph (1) shall not be reduced in the subsequent fiscal 

year because of the waiver. 

SEC. 242. NATIONAL LEADERSHIP ACTIVITIES. 

(a) IN GENERAL.—The Secretary shall establish and carry out 

a program of national leadership activities to enhance the quality 

and outcomes of adult education and literacy activities and programs nationwide. 

(b) REQUIRED ACTIVITIES.—The national leadership activities 

described in subsection (a) shall include technical assistance, 

including— 

(1) assistance to help States meet the requirements of 

section 116; 

(2) upon request by a State, assistance provided to eligible 

providers in using performance accountability measures based 

on indicators described in section 116, and data systems for 

the improvement of adult education and literacy activities; 

29 USC 3332. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1622 PUBLIC LAW 113–128—JULY 22, 2014 

(3) carrying out rigorous research and evaluation on effective adult education and literacy activities, as well as estimating 

the number of adults functioning at the lowest levels of literacy 

proficiency, which shall be coordinated across relevant Federal 

agencies, including the Institute of Education Sciences; and 

(4) carrying out an independent evaluation at least once 

every 4 years of the programs and activities under this title, 

taking into consideration the evaluation subjects referred to 

in section 169(a)(2). 

(c) ALLOWABLE ACTIVITIES.—The national leadership activities 

described in subsection (a) may include the following: 

(1) Technical assistance, including— 

(A) assistance related to professional development 

activities, and assistance for the purposes of developing, 

improving, identifying, and disseminating the most successful methods and techniques for providing adult education 

and literacy activities, based on scientifically valid research 

where available; 

(B) assistance in distance education and promoting 

and improving the use of technology in the classroom, 

including instruction in English language acquisition for 

English language learners; 

(C) assistance in the development and dissemination 

of proven models for addressing the digital literacy needs 

of adults, including older adults; and 

(D) supporting efforts aimed at strengthening programs 

at the State and local levels, such as technical assistance 

in program planning, assessment, evaluation, and monitoring of activities carried out under this title. 

(2) Funding national leadership activities either directly 

or through grants, contracts, or cooperative agreements 

awarded on a competitive basis to or with postsecondary educational institutions, institutions of higher education, public 

or private organizations or agencies (including public libraries), 

or consortia of such institutions, organizations, or agencies, 

which may include— 

(A) developing, improving, and identifying the most 

successful methods and techniques for addressing the education needs of adults, including instructional practices 

using the essential components of reading instruction based 

on the work of the National Institute of Child Health 

and Human Development; 

(B) supporting national, regional, or local networks 

of private nonprofit organizations, public libraries, or 

institutions of higher education to strengthen the ability 

of such networks’ members to meet the performance 

requirements described in section 116 of eligible providers; 

(C) increasing the effectiveness, and improving the 

quality, of adult education and literacy activities, which 

may include— 

(i) carrying out rigorous research; 

(ii) carrying out demonstration programs; 

(iii) accelerating learning outcomes for eligible 

individuals with the lowest literacy levels; 

(iv) developing and promoting career pathways for 

eligible individuals; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1623 

(v) promoting concurrent enrollment programs in 

adult education and credit bearing postsecondary 

coursework; 

(vi) developing high-quality professional development activities for eligible providers; and 

(vii) developing, replicating, and disseminating 

information on best practices and innovative programs, 

such as— 

(I) the identification of effective strategies for 

working with adults with learning disabilities and 

with adults who are English language learners; 

(II) integrated education and training programs; 

(III) workplace adult education and literacy 

activities; and 

(IV) postsecondary education and training 

transition programs; 

(D) providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive 

basis, which shall include descriptions of— 

(i) the effect of performance accountability measures and other measures of accountability on the 

delivery of adult education and literacy activities; 

(ii) the extent to which the adult education and 

literacy activities increase the literacy skills of eligible 

individuals, lead to involvement in education and 

training, enhance the employment and earnings of such 

participants, and, if applicable, lead to other positive 

outcomes, such as success in re-entry and reductions 

in recidivism in the case of prison-based adult education and literacy activities; 

(iii) the extent to which the provision of support 

services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in, and successful completion of, such programs; 

and 

(iv) the extent to which different types of providers 

measurably improve the skills of eligible individuals 

in adult education and literacy activities; 

(E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance 

data collection systems; 

(F) determining how participation in adult education 

and literacy activities prepares eligible individuals for entry 

into postsecondary education and employment and, in the 

case of programs carried out in correctional institutions, 

has an effect on recidivism; and 

(G) other activities designed to enhance the quality 

of adult education and literacy activities nationwide. 

SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION. 

(a) IN GENERAL.—From funds made available under section 

211(a)(2) for each fiscal year, the Secretary shall award grants 

to States, from allotments under subsection (b), for integrated 

Grants. 

29 USC 3333. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1624 PUBLIC LAW 113–128—JULY 22, 2014 

English literacy and civics education, in combination with 

integrated education and training activities. 

(b) ALLOTMENT.— 

(1) IN GENERAL.—Subject to paragraph (2), from amounts 

made available under section 211(a)(2) for a fiscal year, the 

Secretary shall allocate— 

(A) 65 percent to the States on the basis of a State’s 

need for integrated English literacy and civics education, 

as determined by calculating each State’s share of a 10- 

year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for 

immigrants admitted for legal permanent residence for the 

10 most recent years; and 

(B) 35 percent to the States on the basis of whether 

the State experienced growth, as measured by the average 

of the 3 most recent years for which the data of the Office 

of Immigration Statistics of the Department of Homeland 

Security for immigrants admitted for legal permanent residence are available. 

(2) MINIMUM.—No State shall receive an allotment under 

paragraph (1) in an amount that is less than $60,000. 

(c) GOAL.—Each program that receives funding under this section shall be designed to— 

(1) prepare adults who are English language learners for, 

and place such adults in, unsubsidized employment in indemand industries and occupations that lead to economic selfsufficiency; and 

(2) integrate with the local workforce development system 

and its functions to carry out the activities of the program. 

(d) REPORT.—The Secretary shall prepare and submit to the 

Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and 

Pensions of the Senate and make available to the public, a report 

on the activities carried out under this section. 

TITLE III—AMENDMENTS TO THE 

WAGNER-PEYSER ACT 

SEC. 301. EMPLOYMENT SERVICE OFFICES. 

Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended 

by inserting ‘‘service’’ before ‘‘offices’’. 

SEC. 302. DEFINITIONS. 

Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is 

amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) the terms ‘chief elected official’, ‘institution of higher 

education’, ‘one-stop center’, ‘one-stop partner’, ‘training services’, ‘workforce development activity’, and ‘workplace learning 

advisor’, have the meaning given the terms in section 3 of 

the Workforce Innovation and Opportunity Act;’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘investment board’’ each place it 

appears and inserting ‘‘development board’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1625 

(B) by striking ‘‘section 117 of the Workforce Investment Act of 1998’’ and inserting ‘‘section 107 of the 

Workforce Innovation and Opportunity Act’’; 

(3) in paragraph (3)— 

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

(B) by striking ‘‘Workforce Investment Act of 1998’’ 

and inserting ‘‘Workforce Innovation and Opportunity Act’’; 

and 

(4) in paragraph (4), by striking ‘‘and’’ at the end; 

(5) in paragraph (5), by striking the period and inserting 

‘‘; and’’; and 

(6) by adding at the end the following: 

‘‘(6) the term ‘employment service office’ means a local 

office of a State agency; and 

‘‘(7) except in section 15, the term ‘State agency’, used 

without further description, means an agency designated or 

authorized under section 4.’’. 

SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OFFICES. 

(a) COORDINATION.—Section 3(a) of the Wagner-Peyser Act (29 

U.S.C. 49b(a)) is amended by striking ‘‘services’’ and inserting 

‘‘service offices’’. 

(b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.—Section 3(c) 

of the Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended— 

(1) in paragraph (2), by striking the semicolon and inserting 

‘‘, and identify and disseminate information on best practices 

for such system; and’’; and 

(2) by adding at the end the following: 

‘‘(4) in coordination with the State agencies and the staff 

of such agencies, assist in the planning and implementation 

of activities to enhance the professional development and career 

advancement opportunities of such staff, in order to strengthen 

the provision of a broad range of career guidance services, 

the identification of job openings (including providing intensive 

outreach to small and medium-sized employers and enhanced 

employer services), the provision of technical assistance and 

training to other providers of workforce development activities 

(including workplace learning advisors) relating to counseling 

and employment-related services, and the development of new 

strategies for coordinating counseling and technology.’’. 

(c) ONE-STOP CENTERS.—Section 3 of the Wagner-Peyser Act 

(29 U.S.C. 49b) is amended by inserting after subsection (c) the 

following: 

‘‘(d) In order to improve service delivery, avoid duplication 

of services, and enhance coordination of services, including location 

of staff to ensure access to services under section 7(a) statewide 

in underserved areas, employment service offices in each State 

shall be colocated with one-stop centers. 

‘‘(e) The Secretary, in consultation with States, is authorized 

to assist the States in the development of national electronic tools 

that may be used to improve access to workforce information for 

individuals through— 

‘‘(1) the one-stop delivery systems established as described 

in section 121(e) of the Workforce Innovation and Opportunity 

Act; and 

‘‘(2) such other delivery systems as the Secretary determines to be appropriate.’’. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1626 PUBLIC LAW 113–128—JULY 22, 2014 

SEC. 304. ALLOTMENT OF SUMS. 

Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is 

amended— 

(1) in subsection (a), by striking ‘‘amounts appropriated 

pursuant to section 5’’ and inserting ‘‘funds appropriated and 

(except for Guam) certified under section 5 and made available 

for allotments under this section’’; and 

(2) in subsection (b)(1)— 

(A) in the matter preceding subparagraph (A)— 

(i) by inserting before ‘‘the Secretary’’ the following 

‘‘after making the allotments required by subsection 

(a),’’; and 

(ii) by striking ‘‘sums’’ and all that follows through 

‘‘this Act’’ and inserting ‘‘funds described in subsection 

(a)’’; 

(B) in each of subparagraphs (A) and (B), by striking 

‘‘sums’’ and inserting ‘‘remainder’’; and 

(C) by adding at the end the following: ‘‘For purposes 

of this paragraph, the term ‘State’ does not include Guam 

or the Virgin Islands.’’. 

SEC. 305. USE OF SUMS. 

(a) IMPROVED COORDINATION.—Section 7(a)(1) of the WagnerPeyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting ‘‘, including 

unemployment insurance claimants,’’ after ‘‘seekers’’. 

(b) RESOURCES FOR UNEMPLOYMENT INSURANCE CLAIMANTS.— 

Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is 

amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (E); 

(2) in subparagraph (F)— 

(A) by inserting ‘‘, including making eligibility assessments,’’ after ‘‘system’’; and 

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

‘‘; and’’; and 

(3) by inserting after subparagraph (F) the following: 

‘‘(G) providing unemployment insurance claimants with 

referrals to, and application assistance for, training and 

education resources and programs, including Federal Pell 

Grants under subpart 1 of part A of title IV of the Higher 

Education Act of 1965 (20 U.S.C. 1070a et seq.), educational 

assistance under chapter 30 of title 38, United States Code 

(commonly referred to as the Montgomery GI Bill), and 

chapter 33 of that title (Post-9/11 Veterans Educational 

Assistance), student assistance under title IV of the Higher 

Education Act of 1965 (20 U.S.C. 1070 et seq.), State student higher education assistance, and training and education programs provided under titles I and II of the 

Workforce Innovation and Opportunity Act, and title I of 

the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).’’. 

(c) STATE ACTIVITIES.—Section 7(b) of the Wagner-Peyser Act 

(29 U.S.C. 49f(b)) is amended— 

(1) in paragraph (1), by striking ‘‘performance standards 

established by the Secretary’’ and inserting ‘‘the performance 

accountability measures that are based on indicators described 

in section 116(b)(2)(A)(i) of the Workforce Innovation and 

Opportunity Act’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1627 

(2) in paragraph (2), by inserting ‘‘offices’’ after ‘‘employment service’’; and 

(3) in paragraph (3), by inserting ‘‘, and models for 

enhancing professional development and career advancement 

opportunities of State agency staff, as described in section 

3(c)(4)’’ after ‘‘subsection (a)’’. 

(d) PROVIDING ADDITIONAL FUNDS.—Subsections (c)(2) and (d) 

of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended 

by striking ‘‘the Workforce Investment Act of 1998’’ and inserting 

‘‘the Workforce Innovation and Opportunity Act’’. 

(e) CONFORMING AMENDMENT.—Section 7(e) of the WagnerPeyser Act (29 U.S.C. 49f(e)) is amended by striking ‘‘labor employment statistics’’ and inserting ‘‘workforce and labor market information’’. 

SEC. 306. STATE PLAN. 

Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended 

to read as follows: 

‘‘SEC. 8. Any State desiring to receive assistance under section 

6 shall prepare and submit to, and have approved by, the Secretary 

and the Secretary of Education, a State plan in accordance with 

section 102 or 103 of the Workforce Innovation and Opportunity 

Act.’’. 

SEC. 307. PERFORMANCE MEASURES. 

Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is 

amended to read as follows: 

‘‘(a) The activities carried out pursuant to section 7 shall be 

subject to the performance accountability measures that are based 

on indicators described in section 116(b)(2)(A)(i) of the Workforce 

Innovation and Opportunity Act.’’. 

SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM. 

(a) HEADING.—The section heading for section 15 of the WagnerPeyser Act (29 U.S.C. 49l–2) is amended by striking ‘‘EMPLOYMENT

STATISTICS’’ and inserting ‘‘WORKFORCE AND LABOR MARKET

INFORMATION SYSTEM’’. 

(b) NAME OF SYSTEM.—Section 15(a)(1) of the Wagner-Peyser 

Act (29 U.S.C. 49l–2(a)(1)) is amended by striking ‘‘employment 

statistics system of employment statistics’’ and inserting ‘‘workforce 

and labor market information system’’. 

(c) SYSTEM RESPONSIBILITIES.—Section 15(b) of the WagnerPeyser Act (29 U.S.C. 49l–2(b)) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.— 

‘‘(A) STRUCTURE.—The workforce and labor market 

information system described in subsection (a) shall be 

evaluated and improved by the Secretary, in consultation 

with the Workforce Information Advisory Council established in subsection (d). 

‘‘(B) GRANTS AND RESPONSIBILITIES.— 

‘‘(i) IN GENERAL.—The Secretary shall carry out 

the provisions of this section in a timely manner, 

through grants to or agreements with States. 

‘‘(ii) DISTRIBUTION OF FUNDS.—Using amounts 

appropriated under subsection (g), the Secretary shall 

provide funds through those grants and agreements. 

In distributing the funds (relating to workforce and 

Evaluation. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1628 PUBLIC LAW 113–128—JULY 22, 2014 

labor market information funding) for fiscal years 2015 

through 2020, the Secretary shall continue to distribute 

the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008.’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) DUTIES.—The Secretary, with respect to data collection, 

analysis, and dissemination of workforce and labor market 

information for the system, shall carry out the following duties: 

‘‘(A) Assign responsibilities within the Department of 

Labor for elements of the workforce and labor market 

information system described in subsection (a) to ensure 

that the statistical and administrative data collected is 

consistent with appropriate Bureau of Labor Statistics 

standards and definitions, and that the information is 

accessible and understandable to users of such data. 

‘‘(B) Actively seek the cooperation of heads of other 

Federal agencies to establish and maintain mechanisms 

for ensuring complementarity and nonduplication in the 

development and operation of statistical and administrative 

data collection activities. 

‘‘(C) Solicit, receive, and evaluate the recommendations 

from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and 

improvement of the workforce and labor market information system described in subsection (a) and respond in 

writing to the Council regarding the recommendations. 

‘‘(D) Eliminate gaps and duplication in statistical 

undertakings. 

‘‘(E) Through the Bureau of Labor Statistics and the 

Employment and Training Administration, and in 

collaboration with States, develop and maintain the elements of the workforce and labor market information 

system described in subsection (a), including the development of consistent procedures and definitions for use by 

the States in collecting the data and information described 

in subparagraphs (A) and (B) of subsection (a)(1). 

‘‘(F) Establish procedures for the system to ensure 

that— 

‘‘(i) such data and information are timely; and 

‘‘(ii) paperwork and reporting for the system are 

reduced to a minimum.’’. 

(d) TWO-YEAR PLAN.—Section 15 of the Wagner-Peyser Act (29 

U.S.C. 49l–2) is amended by striking subsection (c) and inserting 

the following: 

‘‘(c) TWO-YEAR PLAN.—The Secretary, acting through the 

Commissioner of Labor Statistics and the Assistant Secretary for 

Employment and Training, and in consultation with the Workforce 

Information Advisory Council described in subsection (d) and heads 

of other appropriate Federal agencies, shall prepare a 2-year plan 

for the workforce and labor market information system. The plan 

shall be developed and implemented in a manner that takes into 

account the activities described in State plans submitted by States 

under section 102 or 103 of the Workforce Innovation and Opportunity Act and shall be submitted to the Committee on Education 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1629 

and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 

The plan shall include— 

‘‘(1) a description of how the Secretary will work with 

the States to manage the nationwide workforce and labor 

market information system described in subsection (a) and 

the statewide workforce and labor market information systems 

that comprise the nationwide system; 

‘‘(2) a description of the steps to be taken in the following 

2 years to carry out the duties described in subsection (b)(2); 

‘‘(3) an evaluation of the performance of the system, with 

particular attention to the improvements needed at the State 

and local levels; 

‘‘(4) a description of the involvement of States in the 

development of the plan, through consultation by the Secretary 

with the Workforce Information Advisory Council in accordance 

with subsection (d); and 

‘‘(5) a description of the written recommendations received 

from the Workforce Information Advisory Council established 

under subsection (d), and the extent to which those recommendations were incorporated into the plan.’’. 

(e) WORKFORCE INFORMATION ADVISORY COUNCIL.—Section 15 

of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking 

subsection (d) and inserting the following: 

‘‘(d) WORKFORCE INFORMATION ADVISORY COUNCIL.— 

‘‘(1) IN GENERAL.—The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for 

Employment and Training, shall formally consult at least twice 

annually with the Workforce Information Advisory Council 

established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the 

nationwide workforce and labor market information system 

described in subsection (a) and the statewide workforce and 

labor market information systems that comprise the nationwide 

system and how the Department of Labor and the States will 

cooperate in the management of such systems. The Council 

shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide 

system, including any recommendations regarding the 2-year 

plan described in subsection (c). 

‘‘(2) ESTABLISHMENT OF COUNCIL.— 

‘‘(A) ESTABLISHMENT.—The Secretary shall establish 

an advisory council that shall be known as the Workforce 

Information Advisory Council (referred to in this section 

as the ‘Council’) to participate in the consultations and 

provide the recommendations described in paragraph (1). 

‘‘(B) MEMBERSHIP.—The Secretary shall appoint the 

members of the Council, which shall consist of— 

‘‘(i) 4 members who are representatives of lead 

State agencies with responsibility for workforce investment activities, or State agencies described in section 

4, who have been nominated by such agencies or by 

a national organization that represents such agencies; 

‘‘(ii) 4 members who are representatives of the 

State workforce and labor market information directors 

affiliated with the State agencies that perform the 

Appointments. 

Recommendations. 

Consultation. 

Deadline. 

Evaluation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1630 PUBLIC LAW 113–128—JULY 22, 2014 

duties described in subsection (e)(2), who have been 

nominated by the directors; 

‘‘(iii) 1 member who is a representative of providers 

of training services under section 122 of the Workforce 

Innovation and Opportunity Act; 

‘‘(iv) 1 member who is a representative of economic 

development entities; 

‘‘(v) 1 member who is a representative of 

businesses, who has been nominated by national business organizations or trade associations; 

‘‘(vi) 1 member who is a representative of labor 

organizations, who has been nominated by a national 

labor federation; 

‘‘(vii) 1 member who is a representative of local 

workforce development boards, who has been nominated by a national organization representing such 

boards; and 

‘‘(viii) 1 member who is a representative of 

research entities that utilize workforce and labor 

market information. 

‘‘(C) GEOGRAPHIC DIVERSITY.—The Secretary shall 

ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed 

under clauses (i), (ii), and (vii) represent the same State. 

‘‘(D) PERIOD OF APPOINTMENT; VACANCIES.— 

‘‘(i) IN GENERAL.—Each member of the Council 

shall be appointed for a term of 3 years, except that 

the initial terms for members may be 1, 2, or 3 years 

in order to establish a rotation in which one-third 

of the members are selected each year. Any such 

member may be appointed for not more than 2 consecutive terms. 

‘‘(ii) VACANCIES.—Any member appointed to fill a 

vacancy occurring before the expiration of the term 

for which the member’s predecessor was appointed 

shall be appointed only for the remainder of that term. 

A member may serve after the expiration of that member’s term until a successor has taken office. 

‘‘(E) TRAVEL EXPENSES.—The members of the Council 

shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, 

including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 

57 of title 5, United States Code, while away from their 

homes or regular places of business in the performance 

of services for the Council. Notwithstanding section 1342 

of title 31, United States Code, the Secretary may accept 

the voluntary and uncompensated services of members of 

the Council. 

‘‘(F) PERMANENT COUNCIL.—Section 14 of the Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply 

to the Council.’’. 

(f) STATE RESPONSIBILITIES.—Section 15(e) of the WagnerPeyser Act (29 U.S.C. 49l–2(e)) is amended— 

(1) by striking ‘‘employment statistics’’ each place it appears 

and inserting ‘‘workforce and labor market information’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1631 

(2) in paragraph (1)(A) by striking ‘‘annual plan’’ and 

inserting ‘‘plan described in subsection (c)’’; 

(3) in paragraph (2)— 

(A) in subparagraph (G), by inserting ‘‘and’’ at the 

end; 

(B) by striking subparagraph (H); 

(C) in subparagraph (I), by striking ‘‘section 136(f)(2) 

of the Workforce Investment Act of 1998’’ and inserting 

‘‘section 116(i)(2) of the Workforce Innovation and Opportunity Act’’; and 

(D) by redesignating subparagraph (I) as subparagraph 

(H). 

(g) AUTHORIZATION OF APPROPRIATIONS.—Section 15(g) of the 

Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking 

‘‘such sums as may be necessary for each of the fiscal years 1999 

through 2004’’ and inserting ‘‘$60,153,000 for fiscal year 2015, 

$64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, 

$67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, 

and $70,667,000 for fiscal year 2020’’. 

TITLE IV—AMENDMENTS TO THE 

REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

SEC. 401. REFERENCES. 

Except as otherwise specifically provided, whenever in this 

title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall 

be considered to be made to a provision of the Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.). 

SEC. 402. FINDINGS, PURPOSE, POLICY. 

(a) FINDINGS.—Section 2(a) (29 U.S.C. 701(a)) is amended— 

(1) in paragraph (4), by striking ‘‘workforce investment 

systems under title I of the Workforce Investment Act of 1998’’ 

and inserting ‘‘workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act’’; 

(2) in paragraph (5), by striking ‘‘and’’ at the end; 

(3) in paragraph (6), by striking the period and inserting 

‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(7)(A) a high proportion of students with disabilities is 

leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary 

education; and 

‘‘(B) there is a substantial need to support such students 

as they transition from school to postsecondary life.’’. 

(b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘workforce investment systems implemented in accordance with title I of 

the Workforce Investment Act of 1998’’ and inserting 

‘‘workforce development systems defined in section 3 of 

the Workforce Innovation and Opportunity Act’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1632 PUBLIC LAW 113–128—JULY 22, 2014 

(B) at the end of subparagraph (F), by striking ‘‘and’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following: 

‘‘(2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for 

competitive integrated employment;’’; 

(4) in paragraph (3), as redesignated by paragraph (2), 

by striking the period at the end and inserting a semicolon; 

and 

(5) by adding at the end the following: 

‘‘(4) to increase employment opportunities and employment 

outcomes for individuals with disabilities, including through 

encouraging meaningful input by employers and vocational 

rehabilitation service providers on successful and prospective 

employment and placement strategies; and 

‘‘(5) to ensure, to the greatest extent possible, that youth 

with disabilities and students with disabilities who are 

transitioning from receipt of special education services under 

the Individuals with Disabilities Education Act (20 U.S.C. 1400 

et seq.) and receipt of services under section 504 of this Act 

have opportunities for postsecondary success.’’. 

SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 

Section 3 (29 U.S.C. 702) is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by inserting ‘‘in the Department of Education’’ after ‘‘Secretary’’; 

(B) by striking the second sentence and inserting ‘‘Such 

Administration shall be the principal agency, and the 

Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and 

chapter 2 of title VII.’’; and 

(C) in the fourth and sixth sentences, by inserting 

‘‘of Education’’ after ‘‘Secretary’’ the first place it appears; 

and 

(2) in subsection (b), by inserting ‘‘of Education’’ after ‘‘Secretary’’. 

SEC. 404. DEFINITIONS. 

Section 7 (29 U.S.C. 705) is amended— 

(1) in paragraph (2)(B)— 

(A) in clause (iii), by striking ‘‘and’’ at the end; 

(B) in clause (iv), by striking the semicolon and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(v) to the maximum extent possible, relies on 

information obtained from experiences in integrated 

employment settings in the community, and other 

integrated community settings;’’; 

(2) by striking paragraphs (3) and (4) and inserting the 

following: 

‘‘(3) ASSISTIVE TECHNOLOGY TERMS.— 

‘‘(A) ASSISTIVE TECHNOLOGY.—The term ‘assistive technology’ has the meaning given such term in section 3 

of the Assistive Technology Act of 1998 (29 U.S.C. 3002). 

‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.—The term 

‘assistive technology device’ has the meaning given such 

term in section 3 of the Assistive Technology Act of 1998, 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1633 

except that the reference in such section to the term 

‘individuals with disabilities’ shall be deemed to mean more 

than 1 individual with a disability as defined in paragraph 

(20)(A)). 

‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.—The term 

‘assistive technology service’ has the meaning given such 

term in section 3 of the Assistive Technology Act of 1998, 

except that the reference in such section— 

‘‘(i) to the term ‘individual with a disability’ shall 

be deemed to mean an individual with a disability, 

as defined in paragraph (20)(A); and 

‘‘(ii) to the term ‘individuals with disabilities’ shall 

be deemed to mean more than 1 such individual.’’; 

(3) by redesignating paragraph (5) as paragraph (4); 

(4) in paragraph (4), as redesignated by paragraph (3)— 

(A) by redesignating subparagraphs (O) through (Q) 

as subparagraphs (P) through (R), respectively; 

(B) by inserting after subparagraph (N) the following: 

‘‘(O) customized employment;’’; and 

(C) in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking ‘‘(P)’’ and inserting 

‘‘(Q)’’; 

(5) by inserting before paragraph (6) the following: 

‘‘(5) COMPETITIVE INTEGRATED EMPLOYMENT.—The term 

‘competitive integrated employment’ means work that is performed on a full-time or part-time basis (including self-employment)— 

‘‘(A) for which an individual— 

‘‘(i) is compensated at a rate that— 

‘‘(I)(aa) shall be not less than the higher of 

the rate specified in section 6(a)(1) of the Fair 

Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

or the rate specified in the applicable State or 

local minimum wage law; and 

‘‘(bb) is not less than the customary rate paid 

by the employer for the same or similar work 

performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer 

and who have similar training, experience, and 

skills; or 

‘‘(II) in the case of an individual who is selfemployed, yields an income that is comparable 

to the income received by other individuals who 

are not individuals with disabilities, and who are 

self-employed in similar occupations or on similar 

tasks and who have similar training, experience, 

and skills; and 

‘‘(ii) is eligible for the level of benefits provided 

to other employees; 

‘‘(B) that is at a location where the employee interacts 

with other persons who are not individuals with disabilities 

(not including supervisory personnel or individuals who 

are providing services to such employee) to the same extent 

that individuals who are not individuals with disabilities 

and who are in comparable positions interact with other 

persons; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1634 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘(C) that, as appropriate, presents opportunities for 

advancement that are similar to those for other employees 

who are not individuals with disabilities and who have 

similar positions.’’; 

(6) in paragraph (6)(B), by striking ‘‘includes’’ and all that 

follows through ‘‘fees’’ and inserting ‘‘includes architects’ fees’’; 

(7) by inserting after paragraph (6) the following: 

‘‘(7) CUSTOMIZED EMPLOYMENT.—The term ‘customized 

employment’ means competitive integrated employment, for an 

individual with a significant disability, that is based on an 

individualized determination of the strengths, needs, and 

interests of the individual with a significant disability, is 

designed to meet the specific abilities of the individual with 

a significant disability and the business needs of the employer, 

and is carried out through flexible strategies, such as— 

‘‘(A) job exploration by the individual; 

‘‘(B) working with an employer to facilitate placement, 

including— 

‘‘(i) customizing a job description based on current 

employer needs or on previously unidentified and 

unmet employer needs; 

‘‘(ii) developing a set of job duties, a work schedule 

and job arrangement, and specifics of supervision 

(including performance evaluation and review), and 

determining a job location; 

‘‘(iii) representation by a professional chosen by 

the individual, or self-representation of the individual, 

in working with an employer to facilitate placement; 

and 

‘‘(iv) providing services and supports at the job 

location.’’; 

(8) in paragraph (11)— 

(A) in subparagraph (C)— 

(i) by inserting ‘‘of Education’’ after ‘‘Secretary’’; 

and 

(ii) by inserting ‘‘customized employment,’’ before 

‘‘self-employment,’’; 

(9) in paragraph (12), by inserting ‘‘of Education’’ after 

‘‘Secretary’’ each place it appears; 

(10) in paragraph (14)(C), by inserting ‘‘of Education’’ after 

‘‘Secretary’’; 

(11) in paragraph (17)— 

(A) in subparagraph (C), by striking ‘‘and’’ at the end; 

(B) in subparagraph (D), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(E) services that— 

‘‘(i) facilitate the transition of individuals with 

significant disabilities from nursing homes and other 

institutions to home and community-based residences, 

with the requisite supports and services; 

‘‘(ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions 

so that the individuals may remain in the community; 

and 

‘‘(iii) facilitate the transition of youth who are 

individuals with significant disabilities, who were 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1635 

eligible for individualized education programs under 

section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed 

their secondary education or otherwise left school, to 

postsecondary life.’’; 

(12) in paragraph (18), by striking ‘‘term’’ and all that 

follows through ‘‘includes—’’ and inserting ‘‘term ‘independent 

living services’ includes—’’; 

(13) in paragraph (19)— 

(A) in subparagraph (A), by inserting before the period 

the following: ‘‘and includes a Native and a descendant 

of a Native, as such terms are defined in subsections (b) 

and (r) of section 3 of the Alaska Native Claims Settlement 

Act (43 U.S.C. 1602)’’; and 

(B) in subparagraph (B), by inserting before the period 

the following: ‘‘and a tribal organization (as defined in 

section 4(l) of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b(l)))’’; 

(14) in paragraph (23), by striking ‘‘section 101’’ and 

inserting ‘‘section 102’’; 

(15) by striking paragraph (25) and inserting the following: 

‘‘(25) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term 

‘local workforce development board’ means a local board, as 

defined in section 3 of the Workforce Innovation and Opportunity Act.’’; 

(16) by striking paragraph (37); 

(17) by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through (41), respectively; 

(18) by inserting after paragraph (28) the following: 

‘‘(30) PRE-EMPLOYMENT TRANSITION SERVICES.—The term 

‘pre-employment transition services’ means services provided 

in accordance with section 113.’’; 

(19) by striking paragraph (33), as redesignated by paragraph (17), and inserting the following: 

‘‘(33) SECRETARY.—Unless where the context otherwise 

requires, the term ‘Secretary’— 

‘‘(A) used in title I, III, IV, V, VI, or chapter 2 of 

title VII, means the Secretary of Education; and 

‘‘(B) used in title II or chapter 1 of title VII, means 

the Secretary of Health and Human Services.’’; 

(20) by striking paragraphs (35) and (36), as redesignated 

by paragraph (17), and inserting the following: 

‘‘(35) STATE WORKFORCE DEVELOPMENT BOARD.—The term 

‘State workforce development board’ means a State board, as 

defined in section 3 of the Workforce Innovation and Opportunity Act. 

‘‘(36) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—The 

term ‘statewide workforce development system’ means a 

workforce development system, as defined in section 3 of the 

Workforce Innovation and Opportunity Act.’’; 

(21) by inserting after that paragraph (36) the following: 

‘‘(37) STUDENT WITH A DISABILITY.— 

‘‘(A) IN GENERAL.—The term ‘student with a disability’ 

means an individual with a disability who— 

‘‘(i)(I)(aa) is not younger than the earliest age for 

the provision of transition services under section 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1636 PUBLIC LAW 113–128—JULY 22, 2014 

614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities 

Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or 

‘‘(bb) if the State involved elects to use a lower 

minimum age for receipt of pre-employment transition 

services under this Act, is not younger than that minimum age; and 

‘‘(II)(aa) is not older than 21 years of age; or 

‘‘(bb) if the State law for the State provides for 

a higher maximum age for receipt of services under 

the Individuals with Disabilities Education Act (20 

U.S.C. 1400 et seq.), is not older than that maximum 

age; and 

‘‘(ii)(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 

et seq.); or 

‘‘(II) is an individual with a disability, for purposes 

of section 504. 

‘‘(B) STUDENTS WITH DISABILITIES.—The term ‘students 

with disabilities’ means more than 1 student with a disability.’’; 

(22) by striking paragraphs (38) and (39), as redesignated 

by paragraph (17), and inserting the following: 

‘‘(38) SUPPORTED EMPLOYMENT.—The term ‘supported 

employment’ means competitive integrated employment, 

including customized employment, or employment in an 

integrated work setting in which individuals are working on 

a short-term basis toward competitive integrated employment, 

that is individualized and customized consistent with the 

strengths, abilities, interests, and informed choice of the 

individuals involved, for individuals with the most significant 

disabilities— 

‘‘(A)(i) for whom competitive integrated employment 

has not historically occurred; or 

‘‘(ii) for whom competitive integrated employment has 

been interrupted or intermittent as a result of a significant 

disability; and 

‘‘(B) who, because of the nature and severity of their 

disability, need intensive supported employment services 

and extended services after the transition described in 

paragraph (13)(C), in order to perform the work involved. 

‘‘(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘supported employment services’ means ongoing support services, 

including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that— 

‘‘(A) are provided singly or in combination and are 

organized and made available in such a way as to assist 

an eligible individual to achieve competitive integrated 

employment; 

‘‘(B) are based on a determination of the needs of 

an eligible individual, as specified in an individualized 

plan for employment; and 

‘‘(C) are provided by the designated State unit for 

a period of not more than 24 months, except that period 

may be extended, if necessary, in order to achieve the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1637 

employment outcome identified in the individualized plan 

for employment.’’; 

(23) in paragraph (41), as redesignated by paragraph (17), 

by striking ‘‘as defined in section 101 of the Workforce Investment Act of 1998’’ and inserting ‘‘as defined in section 3 of 

the Workforce Innovation and Opportunity Act’’; and 

(24) by inserting after paragraph (41), as redesignated by 

paragraph (17), the following: 

‘‘(42) YOUTH WITH A DISABILITY.— ‘‘(A) IN GENERAL.—The term ‘youth with a disability’ 

means an individual with a disability who— 

‘‘(i) is not younger than 14 years of age; and 

‘‘(ii) is not older than 24 years of age. 

‘‘(B) YOUTH WITH DISABILITIES.—The term ‘youth with 

disabilities’ means more than 1 youth with a disability.’’. 

SEC. 405. ADMINISTRATION OF THE ACT. 

(a) PROMULGATION.—Section 8(a)(2) (29 U.S.C. 706(a)(2)) is 

amended by inserting ‘‘of Education’’ after ‘‘Secretary’’. 

(b) PRIVACY.—Section 11 (29 U.S.C. 708) is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘The provisions’’; and 

(2) by adding at the end the following: 

‘‘(b) Section 501 of the Workforce Innovation and Opportunity 

Act shall apply, as specified in that section, to amendments to 

this Act that were made by the Workforce Innovation and Opportunity Act.’’. 

(c) ADMINISTRATION.—Section 12 (29 U.S.C. 709) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; and 

(ii) by adding at the end the following: 

‘‘(B) provide technical assistance to the designated 

State units on developing successful partnerships with local 

and multi-State businesses in an effort to increase the 

employment of individuals with disabilities; 

‘‘(C) provide technical assistance to providers and 

organizations on developing self-employment opportunities 

and outcomes for individuals with disabilities; and 

‘‘(D) provide technical assistance to entities carrying 

out community rehabilitation programs to build their 

internal capacity to provide individualized services and 

supports leading to competitive integrated employment, 

and to transition individuals with disabilities away from 

nonintegrated settings;’’; and 

(B) in paragraph (2), by striking ‘‘, centers for independent living,’’; 

(2) in subsection (c), by striking ‘‘Commissioner’’ the first 

place it appears and inserting ‘‘Secretary of Education’’; 

(3) in subsection (d), by inserting ‘‘of Education’’ after ‘‘Secretary’’; 

(4) in subsection (e)— 

(A) by striking ‘‘Rehabilitation Act Amendments of 

1998’’ each place it appears and inserting ‘‘Workforce 

Innovation and Opportunity Act’’; and 

(B) by inserting ‘‘of Education’’ after ‘‘Secretary’’; 

(5) in subsection (f), by inserting ‘‘of Education’’ after ‘‘Secretary’’; 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1638 PUBLIC LAW 113–128—JULY 22, 2014 

(6)(A) in subsection (c), by striking ‘‘(c)’’ and inserting 

‘‘(c)(1)’’; 

(B) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

(C) in subsection (e), by striking ‘‘(e)’’ and inserting ‘‘(2)’’; 

(D) in subsection (f), by striking ‘‘(f)’’ and inserting ‘‘(2)’’; 

and 

(E) by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and 

(7) by inserting after subsection (d) the following: 

‘‘(e)(1) The Administrator of the Administration for Community 

Living (referred to in this subsection as the ‘Administrator’) may 

carry out the authorities and shall carry out the responsibilities 

of the Commissioner described in paragraphs (1)(A) and (2) through 

(4) of subsection (a), and subsection (b), except that, for purposes 

of applying subsections (a) and (b), a reference in those subsections— 

‘‘(A) to facilitating meaningful and effective participation 

shall be considered to be a reference to facilitating meaningful 

and effective collaboration with independent living programs, 

and promoting a philosophy of independent living for individuals with disabilities in community activities; and 

‘‘(B) to training for personnel shall be considered to be 

a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils. 

‘‘(2) The Secretary of Health and Human Services may carry 

out the authorities and shall carry out the responsibilities of the 

Secretary of Education described in subsections (c) and (d). 

‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’ 

means a provision of this Act that the Secretary of Education 

has authority to carry out; and 

‘‘(2) In subsection (e), for purposes of applying subsections (a) 

through (d), a reference in those subsections to ‘this Act’ means 

a provision of this Act that the Secretary of Health and Human 

Services has authority to carry out.’’. 

SEC. 406. REPORTS. 

Section 13 (29 U.S.C. 710) is amended— 

(1) in section (c)— 

(A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 

(B) in the second sentence, by striking ‘‘section 136(d) 

of the Workforce Investment Act of 1998’’ and inserting 

‘‘section 116(d)(2) of the Workforce Innovation and Opportunity Act’’; and 

(2) by adding at the end the following: 

‘‘(d) The Commissioner shall ensure that the report described 

in this section is made publicly available in a timely manner, 

including through electronic means, in order to inform the public 

about the administration and performance of programs under this 

Act.’’. 

SEC. 407. EVALUATION AND INFORMATION. 

(a) EVALUATION.—Section 14 (29 U.S.C. 711) is amended— 

(1) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each place 

it appears; 

(2) in subsection (f)(2), by inserting ‘‘competitive’’ before 

‘‘integrated employment’’; 

(3)(A) in subsection (b), by striking ‘‘(b)’’ and inserting 

‘‘(b)(1)’’; 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1639 

(B) in subsection (c), by striking ‘‘(c)’’ and inserting ‘‘(2)’’; 

(C) in subsection (d), by striking ‘‘(d)’’ and inserting ‘‘(3)’’; 

and 

(D) by redesignating subsections (e) and (f) as subsections 

(c) and (d), respectively; 

(4) by inserting after subsection (d), as redesignated by 

paragraph (3)(D), the following: 

‘‘(e)(1) The Secretary of Health and Human Services may carry 

out the authorities and shall carry out the responsibilities of the 

Secretary of Education described in subsections (a) and (b). 

‘‘(2) The Administrator of the Administration for Community 

Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), 

except that, for purposes of applying those subsections, a reference 

in those subsections to exemplary practices shall be considered 

to be a reference to exemplary practices concerning independent 

living services and centers for independent living. 

‘‘(f)(1) In subsections (a) through (d), a reference to ‘this Act’ 

means a provision of this Act that the Secretary of Education 

has authority to carry out; and 

‘‘(2) In subsection (e), for purposes of applying subsections (a), 

(b), and (d), a reference in those subsections to ‘this Act’ means 

a provision of this Act that the Secretary of Health and Human 

Services has authority to carry out.’’. 

(b) INFORMATION.—Section 15 (29 U.S.C. 712) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘of Education’’ after ‘‘Secretary’’ each 

place it appears; and 

(B) in paragraph (1), by striking ‘‘State workforce 

investment boards’’ and inserting ‘‘State workforce development boards’’; and 

(2) in subsection (b), by striking ‘‘Secretary’’ and inserting 

‘‘Secretary of Education’’. 

SEC. 408. CARRYOVER. 

Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by striking 

‘‘part B of title VI’’ and inserting ‘‘title VI’’. 

SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 

Section 21 (29 U.S.C. 718) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in the first sentence, by striking ‘‘racial’’ and 

inserting ‘‘demographic’’; 

(ii) in the second sentence— 

(I) by striking ‘‘rate of increase’’ the first place 

it appears and inserting ‘‘percentage increase from 

2000 to 2010’’; 

(II) by striking ‘‘is 3.2’’ and inserting ‘‘was 

9.7’’; 

(III) by striking ‘‘rate of increase’’ and 

inserting ‘‘percentage increase’’; 

(IV) by striking ‘‘is much’’ and inserting ‘‘was 

much’’; 

(V) by striking ‘‘38.6’’ and inserting ‘‘43.0’’; 

(VI) by striking ‘‘14.6’’ and inserting ‘‘12.3’’; 

(VII) by striking ‘‘40.1’’ and inserting ‘‘43.2’’; 

and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1640 PUBLIC LAW 113–128—JULY 22, 2014 

(VIII) by striking ‘‘and other ethnic groups’’; 

and 

(iii) by striking the last sentence; and 

(B) in paragraph (2), by striking the second and third 

sentences and inserting the following: ‘‘In 2011— 

‘‘(A) among Americans ages 16 through 64, the rate 

of disability was 12.1 percent; 

‘‘(B) among African-Americans in that age range, the 

disability rate was more than twice as high, at 27.1 percent; 

and 

‘‘(C) for American Indians and Alaska Natives in the 

same age range, the disability rate was also more than 

twice as high, at 27.0 percent.’’; 

(2) in subsection (b)(1), by striking ‘‘National Institute on 

Disability and Rehabilitation Research’’ and inserting ‘‘National 

Institute on Disability, Independent Living, and Rehabilitation 

Research’’; and 

(3) in subsection (c), by striking ‘‘Director’’ and inserting 

‘‘Director of the National Institute on Disability, Independent 

Living, and Rehabilitation Research’’. 

Subtitle B—Vocational Rehabilitation 

Services 

SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS. 

(a) FINDINGS; PURPOSE; POLICY.—Section 100(a) (29 U.S.C. 

720(a)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C), by striking ‘‘integrated’’ and 

inserting ‘‘competitive integrated employment’’; 

(B) in subparagraph (D)(iii), by striking ‘‘medicare and 

medicaid’’ and inserting ‘‘Medicare and Medicaid’’; 

(C) in subparagraph (F), by striking ‘‘investment’’ and 

inserting ‘‘development’’; and 

(D) in subparagraph (G)— 

(i) by striking ‘‘workforce investment systems’’ and 

inserting ‘‘workforce development systems’’; and 

(ii) by striking ‘‘workforce investment activities’’ 

and inserting ‘‘workforce development activities’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development 

system’’; and 

(B) in subparagraph (B), by striking ‘‘and informed 

choice,’’ and inserting ‘‘informed choice, and economic selfsufficiency,’’; and 

(3) in paragraph (3)— 

(A) in subparagraph (B), by striking ‘‘gainful employment in integrated settings’’ and inserting ‘‘competitive 

integrated employment’’; and 

(B) in subparagraph (E), by inserting ‘‘should’’ before 

‘‘facilitate’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 100(b)(1) (29 

U.S.C. 720(b)(1)) is amended by striking ‘‘such sums as may be 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1641 

necessary for fiscal years 1999 through 2003’’ and inserting 

‘‘$3,302,053,000 for each of the fiscal years 2015 through 2020’’. 

SEC. 412. STATE PLANS. 

(a) PLAN REQUIREMENTS.—Section 101(a) (29 U.S.C. 721(a)) 

is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘to participate’’ 

and all that follows and inserting ‘‘to receive funds under 

this title for a fiscal year, a State shall submit, and have 

approved by the Secretary and the Secretary of Labor, 

a unified State plan in accordance with section 102, or 

a combined State plan in accordance with section 103, 

of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion 

of the plan described in section 102(b)(2)(D) of such Act 

(referred to in this subsection as the ‘vocational rehabilitation services portion’), the provisions of a State plan for 

vocational rehabilitation services, described in this subsection.’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘in the State plan for vocational 

rehabilitation services,’’ and inserting ‘‘as part of the 

vocational rehabilitation services portion of the unified 

or combined State plan submitted in accordance with 

subparagraph (A),’’; and 

(ii) by striking ‘‘Rehabilitation Act Amendments 

of 1998’’ and inserting ‘‘Workforce Innovation and 

Opportunity Act’’; and 

(C) in subparagraph (C)— 

(i) by striking ‘‘The State plan shall remain in 

effect subject to the submission of such modifications’’ 

and inserting ‘‘The vocational rehabilitation services 

portion of the unified or combined State plan submitted 

in accordance with subparagraph (A) shall remain in 

effect until the State submits and receives approval 

of a new State plan in accordance with subparagraph 

(A), or until the submission of such modifications’’; 

and 

(ii) by striking ‘‘, until the State submits and 

receives approval of a new State plan’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘The State plan’’ 

and inserting ‘‘The State plan for vocational rehabilitation 

services’’; and 

(B) in subparagraph (B)(ii)— 

(i) in subclause (II), by inserting ‘‘who is responsible for the day-to-day operation of the vocational 

rehabilitation program’’ before the semicolon; 

(ii) in subclause (III), by striking ‘‘and’’ at the 

end; 

(iii) in subclause (IV), by striking the period and 

inserting ‘‘; and’’; and 

(iv) by adding at the end the following: 

‘‘(V) has the sole authority and responsibility 

within the designated State agency described in 

subparagraph (A) to expend funds made available 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1642 PUBLIC LAW 113–128—JULY 22, 2014 

under this title in a manner that is consistent 

with the purposes of this title.’’; 

(3) in paragraph (5)— 

(A) in subparagraph (C), by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (D) as subparagraph (E); and 

(C) by inserting after subparagraph (C) the following: 

‘‘(D) notwithstanding subparagraph (C), permit the 

State, in its discretion, to elect to serve eligible individuals 

(whether or not receiving vocational rehabilitation services) 

who require specific services or equipment to maintain 

employment; and’’; 

(4) in paragraph (7)— 

(A) in subparagraph (A)(v)— 

(i) in subclause (I), after ‘‘rehabilitation technology’’ 

insert the following: ‘‘, including training implemented 

in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act 

of 1998 (29 U.S.C. 3003)’’; and 

(ii) in subclause (II), by striking ‘‘Rehabilitation 

Act Amendments of 1998’’ and inserting ‘‘Workforce 

Innovation and Opportunity Act’’; and 

(B) in subparagraph (B), by striking clause (ii) and 

inserting the following: 

‘‘(ii) the establishment and maintenance of education and experience requirements, to ensure that 

the personnel have a 21st century understanding of 

the evolving labor force and the needs of individuals 

with disabilities, including requirements for— 

‘‘(I)(aa) attainment of a baccalaureate degree 

in a field of study reasonably related to vocational 

rehabilitation, to indicate a level of competency 

and skill demonstrating basic preparation in a field 

of study such as vocational rehabilitation counseling, social work, psychology, disability studies, 

business administration, human resources, special 

education, supported employment, customized 

employment, economics, or another field that 

reasonably prepares individuals to work with consumers and employers; and 

‘‘(bb) demonstrated paid or unpaid experience, 

for not less than 1 year, consisting of— 

‘‘(AA) direct work with individuals with 

disabilities in a setting such as an independent 

living center; 

‘‘(BB) direct service or advocacy activities 

that provide such individual with experience 

and skills in working with individuals with 

disabilities; or 

‘‘(CC) direct experience as an employer, 

as a small business owner or operator, or in 

self-employment, or other experience in 

human resources, recruitment, or experience 

in supervising employees, training, or other 

activities that provide experience in competitive integrated employment environments; or 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1643 

‘‘(II) attainment of a master’s or doctoral 

degree in a field of study such as vocational 

rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that 

reasonably provides competence in the employment 

sector, in a disability field, or in both businessrelated and rehabilitation-related fields; and’’; 

(5) in paragraph (8)— 

(A) in subparagraph (A)(i)— 

(i) by inserting ‘‘an accommodation or auxiliary 

aid or service or’’ after ‘‘prior to providing’’; and 

(ii) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i)— 

(I) by striking ‘‘medicaid’’ and inserting ‘‘Medicaid’’; 

(II) by striking ‘‘workforce investment system’’ 

and inserting ‘‘workforce development system’’; 

(III) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

(IV) by inserting ‘‘and, if appropriate, accommodations or auxiliary aids and services,’’ before 

‘‘that are included’’; and 

(V) by striking ‘‘provision of such vocational 

rehabilitation services’’ and inserting ‘‘provision of 

such vocational rehabilitation services (including, 

if appropriate, accommodations or auxiliary aids 

and services)’’; and 

(ii) in clause (iv)— 

(I) by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

and 

(II) by inserting ‘‘, and accommodations or 

auxiliary aids and services’’ before the period; and 

(C) in subparagraph (C)(i), by striking ‘‘(5)(D)’’ and 

inserting ‘‘(5)(E)’’; 

(6) in paragraph (10)— 

(A) in subparagraph (B), by striking ‘‘annual’’ and all 

that follows through ‘‘of 1998’’ and inserting ‘‘annual 

reporting of information, on eligible individuals receiving 

the services, that is necessary to assess the State’s performance on the standards and indicators described in section 

106(a)’’; 

(B) in subparagraph (C)— 

(i) in the matter preceding clause (i), by inserting 

‘‘, from each State,’’ after ‘‘additional data’’; 

(ii) by striking clause (i) and inserting: 

‘‘(i) the number of applicants and the number of 

individuals determined to be eligible or ineligible for 

the program carried out under this title, including 

the number of individuals determined to be ineligible 

(disaggregated by type of disability and age);’’; 

(iii) in clause (ii)— 

(I) in subclause (I), by striking ‘‘(5)(D)’’ and 

inserting ‘‘(5)(E)’’; 

(II) in subclause (II), by striking ‘‘and’’ at the 

end; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1644 PUBLIC LAW 113–128—JULY 22, 2014 

(III) by adding at the end the following: 

‘‘(IV) the number of individuals with open 

cases (disaggregated by those who are receiving 

training and those who are in postsecondary education), and the type of services the individuals 

are receiving (including supported employment); 

‘‘(V) the number of students with disabilities 

who are receiving pre-employment transition services under this title: and 

‘‘(VI) the number of individuals referred to 

State vocational rehabilitation programs by onestop operators (as defined in section 3 of the 

Workforce Innovation and Opportunity Act), and 

the number of individuals referred to such onestop operators by State vocational rehabilitation 

programs;’’; and 

(iv) in clause (iv)(I), by inserting before the semicolon the following: ‘‘and, for those who achieved 

employment outcomes, the average length of time to 

obtain employment’’; 

(C) in subparagraph (D)(i), by striking ‘‘title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘title 

I of the Workforce Innovation and Opportunity Act’’; 

(D) in subparagraph (E)(ii), by striking ‘‘of the State’’ 

and all that follows and inserting ‘‘of the State in meeting 

the standards and indicators established pursuant to section 106.’’; and 

(E) by adding at the end the following: 

‘‘(G) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under this Act shall not be required 

within a category if the number of individuals in a category 

is insufficient to yield statistically reliable information, or 

if the results would reveal personally identifiable information about an individual. 

‘‘(H) COMPREHENSIVE REPORT.—The State plan shall 

specify that the Commissioner will provide an annual comprehensive report that includes the reports and data 

required under this section, as well as a summary of the 

reports and data, for each fiscal year. The Commissioner 

shall submit the report to the Committee on Education 

and the Workforce of the House of Representatives, the 

Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and 

Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end 

of the fiscal year involved.’’; 

(7) in paragraph (11)— 

(A) in subparagraph (A)— 

(i) in the subparagraph header, by striking 

‘‘WORKFORCE INVESTMENT SYSTEMS’’ and inserting 

‘‘WORKFORCE DEVELOPMENT SYSTEMS’’; 

(ii) in the matter preceding clause (i), by striking 

‘‘workforce investment system’’ and inserting 

‘‘workforce development system’’; 

(iii) in clause (i)(II)— 

(I) by striking ‘‘investment’’ and inserting 

‘‘development’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1645 

(II) by inserting ‘‘(including programmatic 

accessibility and physical accessibility)’’ after ‘‘program accessibility’’; 

(iv) in clause (ii), by striking ‘‘workforce investment 

system’’ and inserting ‘‘workforce development system’’; 

and 

(v) in clause (v), by striking ‘‘workforce investment 

system’’ and inserting ‘‘workforce development system’’; 

(B) in subparagraph (B), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development 

system’’; 

(C) in subparagraph (C)— 

(i) by inserting ‘‘the State programs carried out 

under section 4 of the Assistive Technology Act of 

1998 (29 U.S.C. 3003),’’ after ‘‘including’’; 

(ii) by inserting ‘‘, noneducational agencies serving 

out-of-school youth,’’ after ‘‘Agriculture’’; and 

(iii) by striking ‘‘such agencies and programs’’ and 

inserting ‘‘such Federal, State, and local agencies and 

programs’’; and 

(iv) by striking ‘‘workforce investment system’’ and 

inserting ‘‘workforce development system’’; 

(D) in subparagraph (D)— 

(i) in the matter preceding clause (i), by inserting 

‘‘, including pre-employment transition services,’’ before 

‘‘under this title’’; 

(ii) in clause (i), by inserting ‘‘, which may be 

provided using alternative means for meeting participation (such as video conferences and conference 

calls),’’ after ‘‘consultation and technical assistance’’; 

and 

(iii) in clause (ii), by striking ‘‘completion’’ and 

inserting ‘‘implementation’’; 

(E) by redesignating subparagraphs (E) and (F) as 

subparagraphs (F) and (H), respectively; 

(F) by inserting after subparagraph (D) the following: 

‘‘(E) COORDINATION WITH EMPLOYERS.—The State plan 

shall describe how the designated State unit will work 

with employers to identify competitive integrated employment opportunities and career exploration opportunities, 

in order to facilitate the provision of— 

‘‘(i) vocational rehabilitation services; and 

‘‘(ii) transition services for youth with disabilities 

and students with disabilities, such as pre-employment 

transition services.’’; 

(G) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph— 

(i) by inserting ‘‘chapter 1 of’’ after ‘‘part C of’’; 

and 

(ii) by inserting ‘‘, as appropriate’’ before the 

period; 

(H) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following: 

‘‘(G) COOPERATIVE AGREEMENT REGARDING INDIVIDUALS

ELIGIBLE FOR HOME AND COMMUNITY-BASED WAIVER PROGRAMS.—The State plan shall include an assurance that 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1646 PUBLIC LAW 113–128—JULY 22, 2014 

the designated State unit has entered into a formal cooperative agreement with the State agency responsible for 

administering the State Medicaid plan under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.) and 

the State agency with primary responsibility for providing 

services and supports for individuals with intellectual 

disabilities and individuals with developmental disabilities, 

with respect to the delivery of vocational rehabilitation 

services, including extended services, for individuals with 

the most significant disabilities who have been determined 

to be eligible for home and community-based services under 

a Medicaid waiver, Medicaid State plan amendment, or 

other authority related to a State Medicaid program.’’; 

(I) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph— 

(i) in clause (ii)— 

(I) by inserting ‘‘on or’’ before ‘‘near’’; and 

(II) by striking ‘‘and’’ at the end; 

(ii) by redesignating clause (iii) as clause (iv); and 

(iii) by inserting after clause (ii) the following: 

‘‘(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the 

State educational agency, and the recipient of funds 

under part C, that will facilitate the development and 

approval of the individualized plans for employment 

under section 102; and’’; and 

(J) by adding at the end the following: 

‘‘(I) COORDINATION WITH ASSISTIVE TECHNOLOGY PROGRAMS.—The State plan shall include an assurance that 

the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the 

State under section 4 of the Assistive Technology Act of 

1998 (29 U.S.C. 3003), have developed working relationships and will enter into agreements for the coordination 

of their activities, including the referral of individuals with 

disabilities to programs and activities described in that 

section. 

‘‘(J) COORDINATION WITH TICKET TO WORK AND SELFSUFFICIENCY PROGRAM.—The State plan shall include an 

assurance that the designated State unit will coordinate 

activities with any other State agency that is functioning 

as an employment network under the Ticket to Work and 

Self-Sufficiency Program established under section 1148 

of the Social Security Act (42 U.S.C. 1320b–19). 

‘‘(K) INTERAGENCY COOPERATION.—The State plan shall 

describe how the designated State agency or agencies (if 

more than 1 agency is designated under paragraph (2)(A)) 

will collaborate with the State agency responsible for 

administering the State Medicaid plan under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.), the 

State agency responsible for providing services for individuals with developmental disabilities, and the State agency 

responsible for providing mental health services, to develop 

opportunities for community-based employment in 

integrated settings, to the greatest extent practicable.’’; 

(8) in paragraph (14)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1647 

(A) in the paragraph header, by striking ‘‘ANNUAL’’ 

and inserting ‘‘SEMIANNUAL’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘an annual’’ and inserting ‘‘a semiannual’’; 

(ii) by striking ‘‘has achieved an employment outcome’’ and inserting ‘‘is employed’’; 

(iii) by striking ‘‘achievement of the outcome’’ and 

all that follows through ‘‘representative)’’ and inserting 

‘‘beginning of such employment, and annually thereafter’’; 

(iv) by striking ‘‘to competitive’’ and all that follows 

and inserting the following: ‘‘to competitive integrated 

employment or training for competitive integrated 

employment;’’; 

(C) in subparagraph (B), by striking ‘‘and’’ at the end; 

(D) in subparagraph (C), by striking ‘‘the individuals 

described’’ and all that follows and inserting ‘‘individuals 

described in subparagraph (A) in attaining competitive 

integrated employment; and’’; and 

(E) by adding at the end the following: 

‘‘(D) an assurance that the State will report the 

information generated under subparagraphs (A), (B), and 

(C), for each of the individuals, to the Administrator of 

the Wage and Hour Division of the Department of Labor 

for each fiscal year, not later than 60 days after the end 

of the fiscal year.’’; 

(9) in paragraph (15)— 

(A) in subparagraph (A)— 

(i) in clause (i)— 

(I) in subclause (II), by striking ‘‘and’’ at the 

end; 

(II) in subclause (III)— 

(aa) by striking ‘‘workforce investment 

system’’ and inserting ‘‘workforce development 

system’’; and 

(bb) by adding ‘‘and’’ at the end; and 

(III) by adding at the end the following: 

‘‘(IV) youth with disabilities, and students with 

disabilities, including their need for pre-employment transition services or other transition services;’’; 

(ii) by redesignating clauses (ii) and (iii) as clauses 

(iii) and (iv), respectively; and 

(iii) by inserting after clause (i) the following: 

‘‘(ii) include an assessment of the needs of individuals with disabilities for transition services and preemployment transition services, and the extent to 

which such services provided under this Act are coordinated with transition services provided under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.) in order to meet the needs of individuals 

with disabilities.’’; 

(B) in subparagraph (B)— 

(i) in clause (ii)— 

(I) by striking ‘‘part B of title VI’’ and inserting 

‘‘title VI’’; and 

Reports. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1648 PUBLIC LAW 113–128—JULY 22, 2014 

(II) by striking ‘‘and’’ at the end; 

(ii) by redesignating clause (iii) as clause (iv); and 

(iii) by inserting after clause (ii) the following: 

‘‘(iii) the number of individuals who are eligible 

for services under this title, but are not receiving such 

services due to an order of selection; and’’; and 

(C) in subparagraph (D)— 

(i) by redesignating clauses (iii) through (v) as 

clauses (iv) through (vi), respectively; 

(ii) by inserting after clause (ii) the following: 

‘‘(iii) the methods to be used to improve and expand 

vocational rehabilitation services for students with 

disabilities, including the coordination of services 

designed to facilitate the transition of such students 

from the receipt of educational services in school to 

postsecondary life (including the receipt of vocational 

rehabilitation services under this title, postsecondary 

education, employment, and pre-employment transition 

services);’’; and 

(iii) in clause (vi), as redesignated by clause (i) 

of this subparagraph, by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development 

system’’; 

(10) in paragraph (20), in subparagraphs (A) and (B)(i), 

by striking ‘‘workforce investment system’’ and inserting 

‘‘workforce development system’’; 

(11) in paragraph (22), by striking ‘‘part B of title VI’’ 

and inserting ‘‘title VI’’; and 

(12) by adding at the end the following: 

‘‘(25) SERVICES FOR STUDENTS WITH DISABILITIES.—The 

State plan shall provide an assurance that, with respect to 

students with disabilities, the State— 

‘‘(A) has developed and will implement— 

‘‘(i) strategies to address the needs identified in 

the assessments described in paragraph (15); and 

‘‘(ii) strategies to achieve the goals and priorities 

identified by the State, in accordance with paragraph 

(15), to improve and expand vocational rehabilitation 

services for students with disabilities on a statewide 

basis; and 

‘‘(B) has developed and will implement strategies to 

provide pre-employment transition services. 

‘‘(26) JOB GROWTH AND DEVELOPMENT.—The State plan 

shall provide an assurance describing how the State will utilize 

initiatives involving in-demand industry sectors or occupations 

under sections 106(c) and 108 of the Workforce Innovation 

and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities.’’. 

(b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) is amended 

to read as follows: 

‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The State plan 

for vocational rehabilitation services shall be subject to— 

‘‘(1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is 

a portion of the unified State plan described in that section 

102; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1649 

‘‘(2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which 

that State plan for vocational rehabilitation services is a portion 

of the combined State plan described in that section 103.’’. 

(c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is amended 

by adding at the end the following: 

‘‘(c) CONSTRUCTION.—Nothing in this part shall be construed 

to reduce the obligation under the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.) of a local educational agency 

or any other agency to provide or pay for any transition services 

that are also considered special education or related services and 

that are necessary for ensuring a free appropriate public education 

to children with disabilities within the State involved.’’. 

SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT. 

(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘is an’’ and 

inserting ‘‘has undergone an assessment for determining 

eligibility and vocational rehabilitation needs and as a 

result has been determined to be an’’; 

(B) in subparagraph (B), by striking ‘‘or regain employment.’’ and inserting ‘‘advance in, or regain employment 

that is consistent with the individual’s strengths, resources, 

priorities, concerns, abilities, capabilities, interests, and 

informed choice.’’; and 

(C) by adding at the end the following: ‘‘For purposes 

of an assessment for determining eligibility and vocational 

rehabilitation needs under this Act, an individual shall 

be presumed to have a goal of an employment outcome.’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) in the subparagraph header, by striking ‘‘DEMONSTRATION’’ and inserting ‘‘APPLICANTS’’; and 

(ii) by striking ‘‘, unless’’ and all that follows and 

inserting a period; and 

(B) in subparagraph (B)— 

(i) in the subparagraph header, by striking 

‘‘METHODS’’ and inserting ‘‘RESPONSIBILITIES’’; 

(ii) in the first sentence— 

(I) by striking ‘‘In making the demonstration 

required under subparagraph (A),’’ and inserting 

‘‘Prior to determining under this subsection that 

an applicant described in subparagraph (A) is 

unable to benefit due to the severity of the individual’s disability or that the individual is ineligible 

for vocational rehabilitation services,’’; and 

(II) by striking ‘‘, except under’’ and all that 

follows and inserting a period; and 

(iii) in the second sentence, by striking ‘‘individual 

or to determine’’ and all that follows and inserting 

‘‘individual. In providing the trial experiences, the designated State unit shall provide the individual with 

the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated 

employment.’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1650 PUBLIC LAW 113–128—JULY 22, 2014 

(3) in paragraph (3)(A)(ii), by striking ‘‘outcome from’’ and 

all that follows and inserting ‘‘outcome due to the severity 

of the individual’s disability (as of the date of the determination).’’; and 

(4) in paragraph (5)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘If an individual’’ and inserting ‘‘If, 

after the designated State unit carries out the activities 

described in paragraph (2)(B), a review of existing data, 

and, to the extent necessary, the assessment activities 

described in section 7(2)(A)(ii), an individual’’; and 

(ii) by striking ‘‘title is determined’’ and all that 

follows through ‘‘not to be’’ and inserting ‘‘title is determined not to be’’; 

(B) by redesignating subparagraphs (A) through (D) 

as subparagraphs (B) through (E), respectively; 

(C) by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the following: 

‘‘(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not 

be based on assumptions about broad categories of disabilities;’’; and 

(D) in clause (i) of subparagraph (C), as redesignated 

by subparagraph (B) of this paragraph, by inserting after 

‘‘determination’’ the following: ‘‘, including the clear and 

convincing evidence that forms the basis for the determination of ineligibility’’. 

(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOYMENT, AND RELATED INFORMATION.—Section 102(b) (29 U.S.C. 

722(b)) is amended— 

(1) in paragraph (1)(A)— 

(A) by striking ‘‘, to the extent determined to be appropriate by the eligible individual,’’; and 

(B) by inserting ‘‘or, as appropriate, a disability 

advocacy organization’’ after ‘‘counselor’’; 

(2) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4), respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) INDIVIDUALS DESIRING TO ENTER THE WORKFORCE.— 

For an individual entitled to benefits under title II or XVI 

of the Social Security Act (42 U.S.C. 401 et seq., 1381 et 

seq.) on the basis of a disability or blindness, the designated 

State unit shall provide to the individual general information 

on additional supports and assistance for individuals with 

disabilities desiring to enter the workforce, including assistance 

with benefits planning.’’; 

(4) in paragraph (3), as redesignated by paragraph (2) 

of this subsection— 

(A) in subparagraph (E)— 

(i) in clause (i), by striking ‘‘and’’ at the end; 

(ii) in clause (ii), by striking the period and 

inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) amended, as necessary, to include the 

postemployment services and service providers that 

are necessary for the individual to maintain or regain 

employment, consistent with the individual’s strengths, 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1651 

resources, priorities, concerns, abilities, capabilities, 

interests, and informed choice.’’; and 

(B) by adding at the end the following: 

‘‘(F) TIMEFRAME FOR COMPLETING THE INDIVIDUALIZED

PLAN FOR EMPLOYMENT.—The individualized plan for 

employment shall be developed as soon as possible, but 

not later than a deadline of 90 days after the date of 

the determination of eligibility described in paragraph (1), 

unless the designated State unit and the eligible individual 

agree to an extension of that deadline to a specific date 

by which the individualized plan for employment shall 

be completed.’’; and 

(5) in paragraph (4), as redesignated by paragraph (2) 

of this subsection— 

(A) in subparagraph (A), by striking ‘‘choice of the’’ 

and all that follows and inserting ‘‘choice of the eligible 

individual, consistent with the general goal of competitive 

integrated employment (except that in the case of an 

eligible individual who is a student, the description may 

be a description of the student’s projected postschool 

employment outcome);’’; 

(B) in subparagraph (B)(i)— 

(i) by redesignating subclause (II) as subclause 

(III); and 

(ii) by striking subclause (I) and inserting the following: 

‘‘(I) needed to achieve the employment outcome, 

including, as appropriate— 

‘‘(aa) the provision of assistive technology 

devices and assistive technology services (including 

referrals described in section 103(a)(3) to the 

device reutilization programs and demonstrations 

described in subparagraphs (B) and (D) of section 

4(e)(2) of the Assistive Technology Act of 1998 

(29 U.S.C. 3003(e)(2)) through agreements developed under section 101(a)(11)(I); and 

‘‘(bb) personal assistance services (including 

training in the management of such services); 

‘‘(II) in the case of a plan for an eligible individual 

that is a student, the specific transition services and 

supports needed to achieve the student’s employment 

outcome or projected postschool employment outcome; 

and’’; 

(C) in subparagraph (F), by striking ‘‘and’’ at the end; 

(D) in subparagraph (G), by striking the period and 

inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(H) for an individual who also is receiving assistance 

from an employment network under the Ticket to Work 

and Self-Sufficiency Program established under section 

1148 of the Social Security Act (42 U.S.C. 1320b–19), a 

description of how responsibility for service delivery will 

be divided between the employment network and the designated State unit.’’. 

(c) PROCEDURES.—Section 102(c) (29 U.S.C. 722(c)) is 

amended— 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1652 PUBLIC LAW 113–128—JULY 22, 2014 

(1) in paragraph (1), by adding at the end the following: 

‘‘The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due 

process hearing, or both procedures.’’; 

(2) in paragraph (2)(A)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

(B) in clause (iii), by striking the period and inserting 

‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iv) any applicable State limit on the time by 

which a request for mediation under paragraph (4) 

or a hearing under paragraph (5) shall be made, and 

any required procedure by which the request shall 

be made.’’; and 

(3) in paragraph (5)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) OFFICER.—A due process hearing described in 

paragraph (2) shall be conducted by an impartial hearing 

officer who, on reviewing the evidence presented, shall 

issue a written decision based on the provisions of the 

approved State plan, requirements specified in this Act 

(including regulations implementing this Act), and State 

regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall 

provide the written decision to the applicant or eligible 

individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated 

State unit. The impartial hearing officer shall have the 

authority to render a decision and require actions regarding 

the applicant’s or eligible individual’s vocational rehabilitation services under this title.’’; and 

(B) in subparagraph (B), by striking ‘‘in laws’’ and 

inserting ‘‘about Federal laws’’. 

SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

Section 103 (29 U.S.C. 723) is amended— 

(1) in subsection (a)— 

(A) in paragraph (13), by striking ‘‘workforce investment system’’ and inserting ‘‘workforce development 

system’’; 

(B) by striking paragraph (15) and inserting the following: 

‘‘(15) transition services for students with disabilities, that 

facilitate the transition from school to postsecondary life, such 

as achievement of an employment outcome in competitive 

integrated employment, or pre-employment transition services;’’; 

(C) by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and 

(D) by inserting after paragraph (16) the following: 

‘‘(17) customized employment; 

‘‘(18) encouraging qualified individuals who are eligible 

to receive services under this title to pursue advanced training 

in a science, technology, engineering, or mathematics (including 

computer science) field, medicine, law, or business;’’. 

(2) in subsection (b)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1653 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘(A)’’; and 

(II) by striking the second sentence and 

inserting ‘‘Such programs shall be used to provide 

services described in this section that promote 

integration into the community and that prepare 

individuals with disabilities for competitive 

integrated employment, including supported 

employment and customized employment.’’; and 

(ii) by striking subparagraph (B); 

(B) by striking paragraph (5) and inserting the following: 

‘‘(5) Technical assistance to businesses that are seeking 

to employ individuals with disabilities.’’; and 

(C) by striking paragraph (6) and inserting the following: 

‘‘(6) Consultation and technical assistance services to assist 

State educational agencies and local educational agencies in 

planning for the transition of students with disabilities from 

school to postsecondary life, including employment. 

‘‘(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation 

counselor works in concert with educational agencies, providers 

of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.), entities designated by the State to provide 

services for individuals with developmental disabilities, centers 

for independent living (as defined in section 702), housing and 

transportation authorities, workforce development systems, and 

businesses and employers. 

‘‘(8) The establishment, development, or improvement of 

assistive technology demonstration, loan, reutilization, or 

financing programs in coordination with activities authorized 

under the Assistive Technology Act of 1998 (29 U.S.C. 3001 

et seq.) to promote access to assistive technology for individuals 

with disabilities and employers. 

‘‘(9) Support (including, as appropriate, tuition) for 

advanced training in a science, technology, engineering, or 

mathematics (including computer science) field, medicine, law, 

or business, provided after an individual eligible to receive 

services under this title, demonstrates— 

‘‘(A) such eligibility; 

‘‘(B) previous completion of a bachelor’s degree program 

at an institution of higher education or scheduled completion of such degree program prior to matriculating in the 

program for which the individual proposes to use the support; and 

‘‘(C) acceptance by a program at an institution of higher 

education in the United States that confers a master’s 

degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor 

degree, a master of business administration degree, or a 

doctor of medicine degree, 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1654 PUBLIC LAW 113–128—JULY 22, 2014 

except that the limitations of subsection (a)(5) that apply to 

training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals 

with disabilities within the State who are eligible to receive 

support under this title and who are not served under this 

paragraph.’’. 

SEC. 415. STATE REHABILITATION COUNCIL. 

Section 105 (29 U.S.C. 725) is amended— 

(1) in subsection (b)(1)(A)— 

(A) by striking clause (ix) and inserting the following: 

‘‘(ix) in a State in which one or more projects 

are funded under section 121, at least one representative of the directors of the projects located in such 

State;’’; and 

(B) in clause (xi), by striking ‘‘State workforce investment board’’ and inserting ‘‘State workforce development 

board’’; and 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘State workforce investment board’’ and inserting ‘‘State 

workforce development board’’; and 

(B) in paragraph (6), by striking ‘‘Service Act’’ and 

all that follows and inserting ‘‘Service Act (42 U.S.C. 300x– 

3(a)) and the State workforce development board, and with 

the activities of entities carrying out programs under the 

Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);’’. 

SEC. 416. EVALUATION STANDARDS AND PERFORMANCE INDICATORS. 

Section 106 (29 U.S.C. 726) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) STANDARDS AND INDICATORS.—The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to 

the performance accountability provisions described in section 

116(b) of the Workforce Innovation and Opportunity Act. 

‘‘(2) ADDITIONAL PERFORMANCE ACCOUNTABILITY INDICA- TORS.—A State may establish and provide information on additional performance accountability indicators, which shall be 

identified in the State plan submitted under section 101.’’; 

and 

(2) in subsection (b)(2)(B)(i), by striking ‘‘review the program’’ and all that follows through ‘‘request the State’’ and 

inserting ‘‘on a biannual basis, review the program improvement efforts of the State and, if the State has not improved 

its performance to acceptable levels, as determined by the 

Commissioner, direct the State’’. 

SEC. 417. MONITORING AND REVIEW. 

(a) IN GENERAL.—Section 107 (29 U.S.C. 727) is amended— 

(1) in subsection (a)— 

(A) in paragraph (3)(E), by inserting before the period 

the following: ‘‘, including personnel of a client assistance 

program under section 112, and past or current recipients 

of vocational rehabilitation services’’; and 

(B) in paragraph (4)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1655 

(i) by striking subparagraphs (A) and (B) and 

inserting the following: 

‘‘(A) the eligibility process, including the process related 

to the determination of ineligibility under section 102(a)(5); 

‘‘(B) the provision of services, including supported 

employment services and pre-employment transition services, and, if applicable, the order of selection;’’; 

(ii) in subparagraph (C), by striking ‘‘and’’ at the 

end; 

(iii) by redesignating subparagraph (D) as subparagraph (E); and 

(iv) by inserting after subparagraph (C) the following: 

‘‘(D) data reported under section 101(a)(10)(C)(i); and’’; 

and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) provide technical assistance to programs under this 

title to— 

‘‘(A) promote high-quality employment outcomes for 

individuals with disabilities; 

‘‘(B) integrate veterans who are individuals with 

disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment; 

‘‘(C) develop, improve, and disseminate information on 

procedures, practices, and strategies, including for the 

preparation of personnel, to better enable individuals with 

intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated 

employment; and 

‘‘(D) apply evidence-based findings to facilitate systemic 

improvements in the transition of youth with disabilities 

to postsecondary life.’’. 

(b) TECHNICAL AMENDMENT.—Section 108(a) (29 U.S.C. 728(a)) 

is amended by striking ‘‘part B of title VI’’ and inserting ‘‘title 

VI’’. 

SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS. 

Section 109 (29 U.S.C. 728a) is amended to read as follows: 

‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 

‘‘A State may expend payments received under section 111 

to educate and provide services to employers who have hired or 

are interested in hiring individuals with disabilities under programs 

carried out under this title, including— 

‘‘(1) providing training and technical assistance to 

employers regarding the employment of individuals with 

disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.) and other employment-related laws; 

‘‘(2) working with employers to— 

‘‘(A) provide opportunities for work-based learning 

experiences (including internships, short-term employment, 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1656 PUBLIC LAW 113–128—JULY 22, 2014 

apprenticeships, and fellowships), and opportunities for 

pre-employment transition services; 

‘‘(B) recruit qualified applicants who are individuals 

with disabilities; 

‘‘(C) train employees who are individuals with disabilities; and 

‘‘(D) promote awareness of disability-related obstacles 

to continued employment; 

‘‘(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States 

and nationally, to enable the employers to recruit, job match, 

hire, and retain qualified individuals with disabilities who are 

recipients of vocational rehabilitation services under this title, 

or who are applicants for such services; and 

‘‘(4) assisting employers with utilizing available financial 

support for hiring or accommodating individuals with disabilities.’’. 

SEC. 419. STATE ALLOTMENTS. 

Section 110 (29 U.S.C. 730) is amended— 

(1) in subsection (a)(1), by striking ‘‘Subject to the provisions of subsection (c)’’ and inserting ‘‘Subject to the provisions 

of subsections (c) and (d),’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘1987’’ and inserting 

‘‘2015’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘Secretary’’ and all that follows 

through ‘‘(B)’’ and inserting ‘‘Secretary,’’; and 

(ii) by striking ‘‘2000 through 2003’’ and inserting 

‘‘2015 through 2020’’; and 

(3) by adding at the end the following: 

‘‘(d)(1) From any State allotment under subsection (a) for a 

fiscal year, the State shall reserve not less than 15 percent of 

the allotted funds for the provision of pre-employment transition 

services. 

‘‘(2) Such reserved funds shall not be used to pay for the 

administrative costs of providing pre-employment transition services.’’. 

SEC. 420. PAYMENTS TO STATES. 

Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended— 

(1) by striking ‘‘For fiscal year 1994 and each fiscal year 

thereafter, the’’ and inserting ‘‘The’’; 

(2) by striking ‘‘this title for the previous’’ and inserting 

‘‘this title for any previous’’; and 

(3) by striking ‘‘year preceding the previous’’ and inserting 

‘‘year preceding that previous’’. 

SEC. 421. CLIENT ASSISTANCE PROGRAM. 

Section 112 (29 U.S.C. 732) is amended— 

(1) in subsection (a), in the first sentence, by inserting 

‘‘including under sections 113 and 511,’’ after ‘‘all available 

benefits under this Act,’’; 

(2) in subsection (b), by striking ‘‘not later than October 

1, 1984,’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1657 

(3) in subsection (e)(1)— 

(A) in subparagraph (A), by striking ‘‘The Secretary 

shall allot’’ and inserting ‘‘After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the 

remainder of’’; and 

(B) by adding at the end the following: 

‘‘(E)(i) The Secretary shall reserve funds appropriated under 

subsection (h) to make a grant to the protection and advocacy 

system serving the American Indian Consortium to provide services 

in accordance with this section. The amount of such a grant shall 

be the same amount as is provided to a territory under this subsection. 

‘‘(ii) In this subparagraph: 

‘‘(I) The term ‘American Indian Consortium’ has the 

meaning given the term in section 102 of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 

15002). 

‘‘(II) The term ‘protection and advocacy system’ means a 

protection and advocacy system established under subtitle C 

of title I of the Developmental Disabilities Assistance and Bill 

of Rights Act of 2000 (42 U.S.C. 15041 et seq.). 

‘‘(F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary 

may reserve not less than 1.8 percent and not more than 2.2 

percent of such amount to provide a grant for training and technical 

assistance for the programs established under this section. Such 

training and technical assistance shall be coordinated with activities 

provided under section 509(c)(1)(A).’’; and 

(4) by striking subsection (h) and inserting the following: 

‘‘(h) There are authorized to be appropriated to carry out the 

provisions of this section— ‘‘(1) $12,000,000 for fiscal year 2015; 

‘‘(2) $12,927,000 for fiscal year 2016; 

‘‘(3) $13,195,000 for fiscal year 2017; 

‘‘(4) $13,488,000 for fiscal year 2018; 

‘‘(5) $13,805,000 for fiscal year 2019; and 

‘‘(6) $14,098,000 for fiscal year 2020.’’. 

SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES. 

Part B of title I (29 U.S.C. 730 et seq.) is further amended 

by adding at the end the following: 

‘‘SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES. 

‘‘(a) IN GENERAL.—From the funds reserved under section 

110(d), and any funds made available from State, local, or private 

funding sources, each State shall ensure that the designated State 

unit, in collaboration with the local educational agencies involved, 

shall provide, or arrange for the provision of, pre-employment 

transition services for all students with disabilities in need of such 

services who are eligible or potentially eligible for services under 

this title. 

‘‘(b) REQUIRED ACTIVITIES.—Funds available under subsection 

(a) shall be used to make available to students with disabilities 

described in subsection (a)— 

‘‘(1) job exploration counseling; 

‘‘(2) work-based learning experiences, which may include 

in-school or after school opportunities, or experience outside 

the traditional school setting (including internships), that is 

29 USC 733. 

Appropriation 

authorization. 

Definitions. 

Grants. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1658 PUBLIC LAW 113–128—JULY 22, 2014 

provided in an integrated environment to the maximum extent 

possible; 

‘‘(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs 

at institutions of higher education; 

‘‘(4) workplace readiness training to develop social skills 

and independent living; and 

‘‘(5) instruction in self-advocacy, which may include peer 

mentoring. 

‘‘(c) AUTHORIZED ACTIVITIES.—Funds available under subsection 

(a) and remaining after the provision of the required activities 

described in subsection (b) may be used to improve the transition 

of students with disabilities described in subsection (a) from school 

to postsecondary education or an employment outcome by— 

‘‘(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and 

competitive integrated workplaces; 

‘‘(2) developing and improving strategies for individuals 

with intellectual disabilities and individuals with significant 

disabilities to live independently, participate in postsecondary 

education experiences, and obtain and retain competitive 

integrated employment; 

‘‘(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; 

‘‘(4) disseminating information about innovative, effective, 

and efficient approaches to achieve the goals of this section; 

‘‘(5) coordinating activities with transition services provided 

by local educational agencies under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.); 

‘‘(6) applying evidence-based findings to improve policy, 

procedure, practice, and the preparation of personnel, in order 

to better achieve the goals of this section; 

‘‘(7) developing model transition demonstration projects; 

‘‘(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private 

businesses, or other participants to achieve the goals of this 

section; and 

‘‘(9) disseminating information and strategies to improve 

the transition to postsecondary activities of individuals who 

are members of traditionally unserved populations. 

‘‘(d) PRE-EMPLOYMENT TRANSITION COORDINATION.—Each local 

office of a designated State unit shall carry out responsibilities 

consisting of— 

‘‘(1) attending individualized education program meetings 

for students with disabilities, when invited; 

‘‘(2) working with the local workforce development boards, 

one-stop centers, and employers to develop work opportunities 

for students with disabilities, including internships, summer 

employment and other employment opportunities available 

throughout the school year, and apprenticeships; 

‘‘(3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to 

coordinate and ensure the provision of pre-employment transition services under this section; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1659 

‘‘(4) when invited, attend person-centered planning 

meetings for individuals receiving services under title XIX of 

the Social Security Act (42 U.S.C. 1396 et seq.). 

‘‘(e) NATIONAL PRE-EMPLOYMENT TRANSITION COORDINATION.— The Secretary shall support designated State agencies providing 

services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. 

‘‘(f) SUPPORT.—In carrying out this section, States shall address 

the transition needs of all students with disabilities, including 

such students with physical, sensory, intellectual, and mental 

health disabilities.’’. 

SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES. 

Section 121 (29 U.S.C. 741) is amended— 

(1) in subsection (a), in the first sentence, by inserting 

before the period the following: ‘‘(referred to in this section 

as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, 

capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment 

that will increase opportunities for economic self-sufficiency’’; 

(2) in subsection (b)(1)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

(B) in subparagraph (C), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(D) contains assurances that— 

‘‘(i) all decisions affecting eligibility for vocational 

rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, 

be made by a representative of the tribal vocational 

rehabilitation program funded through the grant; and 

‘‘(ii) such decisions will not be delegated to another 

agency or individual.’’; 

(3) by redesignating subsection (c) as subsection (d); and 

(4) by inserting after subsection (b) the following: 

‘‘(c)(1) From the funds appropriated and made available to 

carry out this part for any fiscal year, beginning with fiscal year 

2015, the Commissioner shall first reserve not less than 1.8 percent 

and not more than 2 percent of the funds to provide training 

and technical assistance to governing bodies described in subsection 

(a) for such fiscal year. 

‘‘(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation 

of vocational rehabilitation services programs under this section 

to provide such training and technical assistance with respect to 

developing, conducting, administering, and evaluating such programs. 

‘‘(3) The Commissioner shall conduct a survey of the governing 

bodies regarding training and technical assistance needs in order 

to determine funding priorities for such grants, contracts, or 

cooperative agreements. 

‘‘(4) To be eligible to receive a grant or enter into a contract 

or cooperative agreement under this section, such an entity shall 

submit an application to the Commissioner at such time, in such 

Survey. 

Grants. 

Contracts. 

Effective date. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1660 PUBLIC LAW 113–128—JULY 22, 2014 

manner, and containing a proposal to provide such training and 

technical assistance, and containing such additional information 

as the Commissioner may require. The Commissioner shall provide 

for peer review of applications by panels that include persons who 

are not government employees and who have experience in the 

operation of vocational rehabilitation services programs under this 

section.’’. 

SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION. 

Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended by striking 

‘‘title I of the Workforce Investment Act of 1998’’ and inserting 

‘‘title I of the Workforce Innovation and Opportunity Act’’. 

Subtitle C—Research and Training 

SEC. 431. PURPOSE. 

Section 200 (29 U.S.C. 760) is amended— 

(1) in paragraph (1), by inserting ‘‘technical assistance,’’ 

after ‘‘training,’’; 

(2) in paragraph (2), by inserting ‘‘technical assistance,’’ 

after ‘‘training,’’; 

(3) in paragraph (3), in the matter preceding subparagraph 

(A)— 

(A) by inserting ‘‘and use’’ after ‘‘transfer’’; and 

(B) by inserting ‘‘, in a timely and efficient manner,’’ 

after ‘‘disabilities’’; and 

(4) in paragraph (4), by striking ‘‘distribution’’ and inserting 

‘‘dissemination’’; 

(5) in paragraph (5)— 

(A) by inserting ‘‘, including individuals with intellectual and psychiatric disabilities,’’ after ‘‘disabilities’’; and 

(B) by striking ‘‘and’’ after the semicolon; 

(6) by redesignating paragraph (6) as paragraph (7); 

(7) by inserting after paragraph (5) the following: 

‘‘(6) identify strategies for effective coordination of services 

to job seekers with disabilities available through programs 

of one-stop partners, as defined in section 3 of the Workforce 

Innovation and Opportunity Act;’’; 

(8) in paragraph (7), as redesignated by paragraph (6), 

by striking the period and inserting ‘‘; and’’; and 

(9) by adding at the end the following: 

‘‘(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated 

employment.’’. 

SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

Section 201 (29 U.S.C. 761) is amended to read as follows: 

‘‘SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 

2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal 

year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 

for fiscal year 2020.’’. 

Peer review. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1661 

SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING, 

AND REHABILITATION RESEARCH. 

Section 202 (29 U.S.C. 762) is amended— 

(1) in the section heading, by inserting ‘‘, INDEPENDENT

LIVING,’’ after ‘‘DISABILITY’’; 

(2) in subsection (a)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘Department of Education’’ and all that follows 

through ‘‘which’’ and inserting ‘‘Administration for 

Community Living of the Department of Health and 

Human Services a National Institute on Disability, 

Independent Living, and Rehabilitation Research 

(referred to in this title as the ‘Institute’), which’’; 

and 

(ii) in subparagraph (A)— 

(I) in clause (ii), by striking ‘‘and training; 

and’’ and inserting ‘‘, training, and technical assistance;’’; 

(II) by redesignating clause (iii) as clause (iv); 

and 

(III) by inserting after clause (ii) the following: 

‘‘(iii) outreach and information that clarifies research 

implications for policy and practice; and’’; and 

(B) in paragraph (2), by striking ‘‘directly’’ and all 

that follows through the period and inserting ‘‘directly 

responsible to the Administrator for the Administration 

for Community Living of the Department of Health and 

Human Services.’’; 

(3) in subsection (b)— 

(A) in paragraph (2), by striking subparagraph (B) 

and inserting the following: 

‘‘(B) private organizations engaged in research relating 

to— 

‘‘(i) independent living; 

‘‘(ii) rehabilitation; or 

‘‘(iii) providing rehabilitation or independent living 

services;’’; 

(B) in paragraph (3), by striking ‘‘in rehabilitation’’ 

and inserting ‘‘on disability, independent living, and 

rehabilitation’’; 

(C) in paragraph (4)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘education, health and wellness,’’ after ‘‘independent living,’’; and 

(ii) by striking subparagraphs (A) through (D) and 

inserting the following: 

‘‘(A) public and private entities, including— 

‘‘(i) elementary schools and secondary schools (as 

defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and 

‘‘(ii) institutions of higher education; 

‘‘(B) rehabilitation practitioners; 

‘‘(C) employers and organizations representing 

employers with respect to employment-based educational 

materials or research; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1662 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘(D) individuals with disabilities (especially such 

individuals who are members of minority groups or of 

populations that are unserved or underserved by programs 

under this Act); 

‘‘(E) the individuals’ representatives for the individuals 

described in subparagraph (D); and 

‘‘(F) the Committee on Education and the Workforce 

of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee 

on Health, Education, Labor, and Pensions of the Senate, 

and the Committee on Appropriations of the Senate;’’; 

(D) in paragraph (6)— 

(i) by striking ‘‘advances in rehabilitation’’ and 

inserting ‘‘advances in disability, independent living, 

and rehabilitation’’; and 

(ii) by inserting ‘‘education, health and wellness,’’ 

after ‘‘employment, independent living,’’; 

(E) by striking paragraph (7); 

(F) by redesignating paragraphs (8) through (11) as 

paragraphs (7) through (10), respectively; 

(G) in paragraph (7), as redesignated by subparagraph 

(F)— 

(i) by striking ‘‘health, income,’’ and inserting 

‘‘health and wellness, income, education,’’; and 

(ii) by striking ‘‘and evaluation of vocational and 

other’’ and inserting ‘‘and evaluation of independent 

living, vocational, and’’; 

(H) in paragraph (8), as redesignated by subparagraph 

(F), by striking ‘‘with vocational rehabilitation services for 

the purpose of identifying effective rehabilitation programs 

and policies that promote the independence of individuals 

with disabilities and achievement of long-term vocational 

goals’’ and inserting ‘‘with independent living and vocational rehabilitation services for the purpose of identifying 

effective independent living and rehabilitation programs 

and policies that promote the independence of individuals 

with disabilities and achievement of long-term independent 

living and employment goals’’; and 

(I) in paragraph (9), as redesignated by subparagraph 

(F), by striking ‘‘and telecommuting; and’’ and inserting 

‘‘, supported employment (including customized employment), and telecommuting; and’’; 

(4) in subsection (d)(1), by striking the second sentence 

and inserting the following: ‘‘The Director shall be an individual 

with substantial knowledge of and experience in independent 

living, rehabilitation, and research administration.’’; 

(5) in subsection (f)(1), by striking the second sentence 

and inserting the following: ‘‘The scientific peer review shall 

be conducted by individuals who are not Department of Health 

and Human Services employees. The Secretary shall consider 

for peer review individuals who are scientists or other experts 

in disability, independent living, and rehabilitation, including 

individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.’’; 

(6) in subsection (h)— 

(A) in paragraph (1)(A)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1663 

(i) by striking ‘‘priorities for rehabilitation 

research,’’ and inserting ‘‘priorities for disability, independent living, and rehabilitation research,’’; and 

(ii) by inserting ‘‘dissemination,’’ after ‘‘training,’’; 

and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘especially in 

the area of employment’’ and inserting ‘‘especially in 

the areas of employment and independent living’’; 

(ii) in subparagraph (D)— 

(I) by striking ‘‘developed by the Director’’ and 

inserting ‘‘coordinated with the strategic plan 

required under section 203(c)’’; 

(II) in clause (i), by striking ‘‘Rehabilitation’’ 

and inserting ‘‘Disability, Independent Living, and 

Rehabilitation’’; 

(III) in clause (ii), by striking ‘‘Commissioner’’ 

and inserting ‘‘Administrator’’; and 

(IV) in clause (iv), by striking ‘‘researchers 

in the rehabilitation field’’ and inserting 

‘‘researchers in the independent living and 

rehabilitation fields’’; 

(iii) by redesignating subparagraphs (E) and (F) 

as subparagraphs (F) and (G), respectively; 

(iv) by inserting after subparagraph (D) the following: 

‘‘(E) be developed by the Director;’’; 

(v) in subparagraph (F), as redesignated by clause 

(iii), by inserting ‘‘and information that clarifies 

implications of the results for practice,’’ after ‘‘covered 

activities,’’; and 

(vi) in subparagraph (G), as redesignated by clause 

(iii), by inserting ‘‘and information that clarifies 

implications of the results for practice’’ after ‘‘covered 

activities’’; 

(7) in subsection (j), by striking paragraph (3); and 

(8) by striking subsection (k) and inserting the following: 

‘‘(k) The Director shall make grants to institutions of higher 

education for the training of independent living and rehabilitation 

researchers, including individuals with disabilities and traditionally 

underserved populations of individuals with disabilities, as 

described in section 21, with particular attention to research areas 

that— 

‘‘(1) support the implementation and objectives of this Act; 

and 

‘‘(2) improve the effectiveness of services authorized under 

this Act. 

‘‘(l)(1) Not later than December 31 of each year, the Director 

shall prepare, and submit to the Secretary, the Committee on 

Health, Education, Labor, and Pensions of the Senate, and the 

Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. 

‘‘(2) The report under paragraph (1) shall include— 

‘‘(A) a compilation and summary of the information provided by recipients of funding for such activities under this 

title; 

Deadlines. 

Reports. 

Grants. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1664 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘(B) a summary describing the funding received under this 

title and the progress of the recipients of the funding in 

achieving the measurable goals described in section 204(d)(2); 

and 

‘‘(C) a summary of implications of research outcomes on 

practice. 

‘‘(m)(1) If the Director determines that an entity that receives 

funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered 

activities involved, the Director shall utilize available monitoring 

and enforcement measures. 

‘‘(2) As part of the annual report required under subsection 

(l), the Secretary shall describe each action taken by the Secretary 

under paragraph (1) and the outcomes of such action.’’. 

SEC. 434. INTERAGENCY COMMITTEE. 

Section 203 (29 U.S.C. 763) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘conducting rehabilitation research’’ 

and inserting ‘‘conducting disability, independent 

living, and rehabilitation research’’; 

(ii) by striking ‘‘chaired by the Director’’ and 

inserting ‘‘chaired by the Secretary, or the Secretary’s 

designee,’’; 

(iii) by inserting ‘‘the Assistant Secretary of Labor 

for Disability Employment Policy, the Secretary of 

Defense, the Administrator of the Administration for 

Community Living,’’ after ‘‘Assistant Secretary for Special Education and Rehabilitative Services,’’; and 

(iv) by striking ‘‘and the Director of the National 

Science Foundation.’’ and inserting ‘‘the Director of 

the National Science Foundation and the Administrator of the Small Business Administration.’’; and 

(B) in paragraph (2), by inserting ‘‘, and for not less 

than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other 

Federal agencies conducting relevant research, individuals 

with disabilities, organizations representing individuals 

with disabilities, researchers, and providers, to offer input 

on the Committee’s work, including the development and 

implementation of the strategic plan required under subsection (c)’’ after ‘‘each year’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘from targeted individuals’’ and 

inserting ‘‘individuals with disabilities’’; and 

(ii) by inserting ‘‘independent living and’’ before 

‘‘rehabilitation’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘independent 

living research,’’ after ‘‘assistive technology research,’’; 

(ii) in subparagraph (B), by inserting ‘‘, independent living research,’’ after ‘‘technology research’’; 

(iii) in subparagraph (D), by striking ‘‘and research 

that incorporates the principles of universal design’’ 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1665 

and inserting ‘‘, independent living research, and 

research that incorporates the principles of universal 

design’’; and 

(iv) in subparagraph (E), by striking ‘‘and research 

that incorporates the principles of universal design.’’ 

and inserting ‘‘, independent living research, and 

research that incorporates the principles of universal 

design.’’; 

(3) by striking subsection (d); 

(4) by redesignating subsection (c) as subsection (d); 

(5) by inserting after subsection (b) the following: 

‘‘(c)(1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and 

rehabilitation research. 

‘‘(2) The strategic plan shall include, at a minimum— 

‘‘(A) a description of the— 

‘‘(i) measurable goals and objectives; 

‘‘(ii) existing resources each agency will devote to carrying out the plan; 

‘‘(iii) timetables for completing the projects outlined 

in the plan; and 

‘‘(iv) assignment of responsible individuals and agencies for carrying out the research activities; 

‘‘(B) research priorities and recommendations; 

‘‘(C) a description of how funds from each agency will 

be combined, as appropriate, for projects administered among 

Federal agencies, and how such funds will be administered; 

‘‘(D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent 

living, and rehabilitation research for trend and data analysis 

across Federal agencies; 

‘‘(E) guiding principles, policies, and procedures, consistent 

with the best research practices available, for conducting and 

administering disability, independent living, and rehabilitation 

research across Federal agencies; and 

‘‘(F) a summary of underemphasized and duplicative areas 

of research. 

‘‘(3) The strategic plan described in this subsection shall be 

submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on 

Education and the Workforce of the House of Representatives.’’; 

(6) in subsection (d), as redesignated by paragraph (4)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Committee on Labor and Human Resources of the Senate’’ 

and inserting ‘‘Committee on Health, Education, Labor, 

and Pensions of the Senate’’; and 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) describes the progress of the Committee in fulfilling 

the duties described in subsections (b) and (c), and including 

specifically for subsection (c)— 

‘‘(A) a report of the progress made in implementing 

the strategic plan, including progress toward implementing 

the elements described in subsection (c)(2)(A); and 

‘‘(B) detailed budget information.’’; and 

(7) in subsection (e), by striking paragraph (2) and inserting 

the following: 

Reports. 

Strategic plan. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1666 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘(2) the term ‘independent living’, used in connection with 

research, means research on issues and topics related to 

attaining maximum self-sufficiency and function by individuals 

with disabilities, including research on assistive technology and 

universal design, employment, education, health and wellness, 

and community integration and participation.’’. 

SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

Section 204 (29 U.S.C. 764) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘pay’’ and inserting ‘‘fund’’; 

(ii) by inserting ‘‘have practical applications and’’ 

before ‘‘maximize’’; and 

(iii) by striking ‘‘employment, independent living,’’ 

and inserting ‘‘employment, education, independent 

living, health and wellness,’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘and from 

which the research findings, conclusions, or recommendations can be transferred to practice’’ after 

‘‘State agencies’’; 

(ii) in subparagraph (B)— 

(I) by striking clause (ii) and inserting the 

following: 

‘‘(ii) studies and analyses of factors related to industrial, 

vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and 

how those variables affect such individuals’ ability to live 

independently and their participation in the work force;’’; 

(II) in clause (iii), by striking ‘‘are homebound’’ 

and all that follows and inserting ‘‘have significant 

challenges engaging in community life outside 

their homes and individuals who are in institutional settings;’’; 

(III) in clause (iv), by inserting ‘‘, including 

the principles of universal design and the interoperability of products and services’’ after ‘‘disabilities’’; 

(IV) in clause (v), by inserting ‘‘, and to promoting employment opportunities in competitive 

integrated employment’’ after ‘‘employment’’; 

(V) in clause (vi), by striking ‘‘and’’ after the 

semicolon; 

(VI) in clause (vii), by striking ‘‘and assistive 

technology.’’ and inserting ‘‘, assistive technology, 

and communications technology; and’’; and 

(VII) by adding at the end the following: 

‘‘(viii) studies, analyses, and other activities affecting 

employment outcomes as defined in section 7(11), including 

self-employment and telecommuting, of individuals with disabilities.’’; and 

(C) by adding at the end the following: 

‘‘(3) In carrying out this section, the Director shall emphasize 

covered activities that include plans for— 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1667 

‘‘(A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and 

recommendations resulting from covered activities, including 

through electronic means (such as the website of the Department of Health and Human Services), so that such information 

is available in a timely manner to the general public; or 

‘‘(B) the commercialization of marketable products, research 

results, or findings, resulting from the covered activities.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘(18)’’ both places 

the term appears and inserting ‘‘(17)’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking clauses (i) and 

(ii) and inserting the following: 

‘‘(i) be operated in collaboration with institutions of higher 

education, providers of rehabilitation services, developers or 

providers of assistive technology devices, assistive technology 

services, or information technology devices or services, as appropriate, or providers of other appropriate services; and 

‘‘(ii) serve as centers of national excellence and national 

or regional resources for individuals with disabilities, as well 

as providers, educators, and researchers.’’; 

(ii) in subparagraph (B)— 

(I) in clause (i)— 

(aa) by adding ‘‘independent living and’’ 

after ‘‘research in’’; 

(bb) by adding ‘‘independent living and’’ 

after ‘‘will improve’’; and 

(cc) by striking ‘‘alleviate or stabilize’’ and 

all that follows and inserting ‘‘maximize health 

and function (including alleviating or stabilizing conditions, or preventing secondary 

conditions), and promote maximum social and 

economic independence of individuals with 

disabilities, including promoting the ability of 

the individuals to prepare for, secure, retain, 

regain, or advance in employment;’’; 

(II) by redesignating clauses (ii), (iii), and (iv), 

as clauses (iii), (iv), and (v), respectively; 

(III) by inserting after clause (i) the following: 

‘‘(ii) conducting research in, and dissemination of, employerbased practices to facilitate the identification, recruitment, 

accommodation, advancement, and retention of qualified 

individuals with disabilities;’’; 

(IV) in clause (iii), as redesignated by subclause (II), by inserting ‘‘independent living and’’ 

before ‘‘rehabilitation services’’; 

(V) in clause (iv), as redesignated by subclause 

(II)— 

(aa) by inserting ‘‘independent living and’’ 

before ‘‘rehabilitation’’ each place the term 

appears; and 

(bb) by striking ‘‘and’’ after the semicolon; 

and 

(VI) by striking clause (v), as redesignated 

by subclause (II), and inserting the following: 

Public 

information. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1668 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘(v) serving as an informational and technical assistance 

resource to individuals with disabilities, as well as to providers, 

educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and 

‘‘(vi) developing practical applications for the research 

findings of the Centers.’’; 

(iii) in subparagraph (C)— 

(I) in clause (i), by inserting ‘‘, including 

research on assistive technology devices, assistive 

technology services, and accessible electronic and 

information technology devices’’ after ‘‘research’’; 

(II) in clause (ii)— 

(aa) by striking ‘‘and social’’ and inserting 

‘‘, social, and economic’’; and 

(bb) by inserting ‘‘independent living and’’ 

before ‘‘rehabilitation’’; and 

(III) by striking clauses (iii) and (iv); 

(IV) by redesignating clauses (v) and (vi) as 

clauses (iii) and (iv), respectively; 

(V) in clause (iii), as redesignated by subclause 

(IV), by striking ‘‘to develop’’ and all that follows 

and inserting ‘‘that promotes the emotional, social, 

educational, and functional growth of children who 

are individuals with disabilities, as well as their 

integration in school, employment, and community 

activities;’’; 

(VI) in clause (iv), as redesignated by subclause (IV), by striking ‘‘that will improve’’ and 

all that follows and inserting ‘‘to develop and 

evaluate interventions, policies, and services that 

support families of those children and adults who 

are individuals with disabilities;’’; and 

(VII) by adding at the end the following: 

‘‘(v) continuation of research that will improve services 

and policies that foster the independence and social integration 

of individuals with disabilities, and enable individuals with 

disabilities, including individuals with intellectual disabilities 

and other developmental disabilities, to live in their communities; and 

‘‘(vi) research, dissemination, and technical assistance, on 

best practices in vocational rehabilitation, including supported 

employment and other strategies to promote competitive 

integrated employment for persons with the most significant 

disabilities.’’; 

(iv) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) Training of students preparing to be independent living 

or rehabilitation personnel or to provide independent living, 

rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, 

aides in school based settings, or advice or assistance in utilizing 

assistive technology devices, assistive technology services, and 

accessible electronic and information technology devices and services) shall be an important priority for each such Center.’’; 

(v) in subparagraph (E), by striking ‘‘comprehensive’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1669 

(vi) in subparagraph (G)(i), by inserting ‘‘independent living and’’ before ‘‘rehabilitation-related’’; 

(vii) by striking subparagraph (I); and 

(viii) by redesignating subparagraphs (J) through 

(O) as subparagraphs (I) through (N), respectively; 

(C) in paragraph (3)— 

(i) in subparagraph (A), by inserting ‘‘independent 

living strategies and’’ before ‘‘rehabilitation technology’’; 

(ii) in subparagraph (B)— 

(I) in clause (i)(I), by inserting ‘‘independent 

living and’’ before ‘‘rehabilitation problems’’; 

(II) in clause (ii)(II), by striking ‘‘employment’’ 

and inserting ‘‘educational, employment,’’; and 

(III) in clause (iii)(II), by striking ‘‘employment’’ and inserting ‘‘educational, employment,’’; 

(iii) in subparagraph (D)(i)(II), by striking ‘‘postschool’’ and inserting ‘‘postsecondary education, 

competitive integrated employment, and other ageappropriate’’; and 

(iv) in subparagraph (G)(ii), by inserting ‘‘the 

impact of any commercialized product researched or 

developed through the Center,’’ after ‘‘individuals with 

disabilities,’’; 

(D) in paragraph (4)(B)— 

(i) in clause (i)— 

(I) by striking ‘‘vocational’’ and inserting ‘‘independent living, employment,’’; 

(II) by striking ‘‘special’’ and inserting 

‘‘unique’’; and 

(III) by inserting ‘‘social and functional needs, 

and’’ before ‘‘acute care’’; and 

(ii) in clause (iv), by inserting ‘‘education, health 

and wellness,’’ after ‘‘employment,’’; 

(E) by striking paragraph (8) and inserting the following: 

‘‘(8) Grants may be used to conduct a program of joint projects 

with other administrations and offices of the Department of Health 

and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal 

Communications Commission, the National Aeronautics and Space 

Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in 

areas of joint interest involving rehabilitation.’’; 

(F) by striking paragraphs (9) and (11); 

(G) by redesignating paragraphs (10), (12), (13), (14), 

(15), (16), (17), and (18), as paragraphs (9), (10), (11), 

(12), (13), (14), (15), and (16), respectively; 

(H) in paragraph (11), as redesignated by subparagraph (G)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘employment needs of individuals with disabilities, including’’ and inserting ‘‘employment needs, 

opportunities, and outcomes (including those relating 

to self-employment, supported employment, and telecommuting) of individuals with disabilities, including’’; 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1670 PUBLIC LAW 113–128—JULY 22, 2014 

(ii) in subparagraph (B), by inserting ‘‘and employment related’’ after ‘‘the employment’’; 

(iii) in subparagraph (E), by striking ‘‘and’’ after 

the semicolon; 

(iv) in subparagraph (F), by striking the period 

at the end and inserting a semicolon; and 

(v) by adding at the end the following: 

‘‘(G) develop models to facilitate the successful transition 

of individuals with disabilities from nonintegrated employment 

and employment that is compensated at a wage less than 

the Federal minimum wage to competitive integrated employment; 

‘‘(H) develop models to maximize opportunities for 

integrated community living, including employment and independent living, for individuals with disabilities; 

‘‘(I) provide training and continuing education for personnel 

involved with community living for individuals with disabilities; 

‘‘(J) develop model procedures for testing and evaluating 

the community living related needs of individuals with disabilities; 

‘‘(K) develop model training programs to teach individuals 

with disabilities skills which will lead to integrated community 

living and full participation in the community; and 

‘‘(L) develop new approaches for long-term services and 

supports for individuals with disabilities, including supports 

necessary for competitive integrated employment.’’; 

(I) in paragraph (12), as redesignated by subparagraph 

(G)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘an independent living or’’ after ‘‘conduct’’; 

(ii) in subparagraph (D), by inserting ‘‘independent 

living or’’ before ‘‘rehabilitation’’; and 

(iii) in the matter following subparagraph (E), by 

striking ‘‘National Institute on Disability and 

Rehabilitation Research’’ and inserting ‘‘National 

Institute on Disability, Independent Living, and 

Rehabilitation Research’’; 

(J) in paragraph (13), as redesignated by subparagraph 

(G), by inserting ‘‘independent living and’’ before 

‘‘rehabilitation needs’’; and 

(K) in paragraph (14), as redesignated by subparagraph 

(G), by striking ‘‘and access to gainful employment.’’ and 

inserting ‘‘, full participation, and economic self-sufficiency.’’; and 

(3) by adding at the end the following: 

‘‘(d)(1) In awarding grants, contracts, or cooperative agreements 

under this title, the Director shall award the funding on a competitive basis. 

‘‘(2)(A) To be eligible to receive funds under this section for 

a covered activity, an entity described in subsection (a)(1) shall 

submit an application to the Director at such time, in such manner, 

and containing such information as the Director may require. 

‘‘(B) The application shall include information describing— 

‘‘(i) measurable goals, as established through section 1115 

of title 31, United States Code, and a timeline and specific 

plan for meeting the goals, that the applicant has established; 

Grants. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1671 

‘‘(ii) how the project will address 1 or more of the following: 

commercialization of a marketable product, technology transfer 

(if applicable), dissemination of any research results, and other 

priorities as established by the Director; and 

‘‘(iii) how the applicant will quantifiably measure the goals 

to determine whether such goals have been accomplished. 

‘‘(3)(A) In the case of an application for funding under this 

section to carry out a covered activity that results in the development of a marketable product, the application shall also include 

a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product 

involved, and strategies for disseminating information about the 

product. The funding received under this section shall not be used 

to carry out the commercialization and marketing strategies. 

‘‘(B) In the case of any other application for funding to carry 

out a covered activity under this section, the application shall 

also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity.’’. 

SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION 

RESEARCH ADVISORY COUNCIL. 

Section 205 (29 U.S.C. 765) is amended— 

(1) in the section heading, by inserting ‘‘DISABILITY, INDEPENDENT LIVING, AND’’ before ‘‘REHABILITATION’’; 

(2) in subsection (a)— 

(A) by striking ‘‘Department of Education a Rehabilitation Research Advisory Council’’ and inserting ‘‘Department 

of Health and Human Services a Disability, Independent 

Living, and Rehabilitation Research Advisory Council’’; and 

(B) by inserting ‘‘not less than’’ after ‘‘composed of’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) QUALIFICATIONS.—Members of the Council shall be generally representative of the community of disability, independent 

living, and rehabilitation professionals, the community of disability, 

independent living, and rehabilitation researchers, the directors 

of independent living centers and community rehabilitation programs, the business community (including a representative of the 

small business community) that has experience with the system 

of vocational rehabilitation services and independent living services 

carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the 

community of individuals with disabilities, and the individuals’ 

representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.’’; and 

(4) in subsection (g), by striking ‘‘Department of Education’’ 

and inserting ‘‘Department of Health and Human Services’’. 

SEC. 437. DEFINITION OF COVERED SCHOOL. 

Title II (29 U.S.C. 760 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 206. DEFINITION OF COVERED SCHOOL. 

‘‘In this title, the term ‘covered school’ means an elementary 

school or secondary school (as such terms are defined in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801)) or an institution of higher education.’’. 

29 USC 766. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1672 PUBLIC LAW 113–128—JULY 22, 2014 

Subtitle D—Professional Development and 

Special Projects and Demonstration 

SEC. 441. PURPOSE; TRAINING. 

(a) PURPOSE.—Section 301(a) (29 U.S.C. 771(a)) is amended— 

(1) in paragraph (2), by inserting ‘‘and’’ after the semicolon; 

(2) by striking paragraphs (3) and (4); 

(3) by redesignating paragraph (5) as paragraph (3); and 

(4) in paragraph (3), as redesignated by paragraph (3), 

by striking ‘‘workforce investment systems’’ and inserting 

‘‘workforce development systems’’. 

(b) TRAINING.—Section 302 (29 U.S.C. 772) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (E), by striking all after 

‘‘deliver’’ and inserting ‘‘supported employment services 

and customized employment services to individuals 

with the most significant disabilities;’’; 

(ii) in subparagraph (F), by striking ‘‘and’’ after 

the semicolon; 

(iii) in subparagraph (G), by striking the period 

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

(iv) by adding at the end the following: 

‘‘(H) personnel trained in providing assistive technology 

services.’’; 

(B) in paragraph (4)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘title I of the Workforce Investment Act of 

1998’’ and inserting ‘‘subtitle B of title I of the 

Workforce Innovation and Opportunity Act’’; 

(ii) in subparagraph (A), by striking ‘‘workforce 

investment system’’ and inserting ‘‘workforce development system’’; and 

(iii) in subparagraph (B), by striking ‘‘section 134(c) 

of the Workforce Investment Act of 1998.’’ and inserting 

‘‘section 121(e) of the Workforce Innovation and Opportunity Act.’’; and 

(C) in paragraph (5), by striking ‘‘title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘subtitle 

B of title I of the Workforce Innovation and Opportunity 

Act’’; 

(2) in subsection (b)(1)(B)(i), by striking ‘‘or prosthetics 

and orthotics’’ and inserting ‘‘prosthetics and orthotics, vision 

rehabilitation therapy, orientation and mobility instruction, or 

low vision therapy’’; 

(3) in subsection (g)— 

(A) in the subsection heading, by striking ‘‘AND IN- SERVICE TRAINING’’; 

(B) in paragraph (1), by adding after the period the 

following: ‘‘Any technical assistance provided to community 

rehabilitation programs shall be focused on the employment 

outcome of competitive integrated employment for individuals with disabilities.’’; and 

(C) by striking paragraph (3); 

(4) in subsection (h), by striking ‘‘section 306’’ and inserting 

‘‘section 304’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1673 

(5) in subsection (i), by striking ‘‘such sums as may be 

necessary for each of the fiscal years 1999 through 2003.’’ 

and inserting ‘‘$33,657,000 for fiscal year 2015, $36,257,000 

for fiscal year 2016, $37,009,000 for fiscal year 2017, 

$37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 

2019, and $39,540,000 for fiscal year 2020.’’. 

SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE 

PROGRAMS. 

Section 303 (29 U.S.C. 773) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘section 306’’ and 

inserting ‘‘section 304’’; 

(B) in paragraph (3)(A), by striking ‘‘National Institute 

on Disability and Rehabilitation Research’’ and inserting 

‘‘National Institute on Disability, Independent Living, and 

Rehabilitation Research’’; 

(C) in paragraph (5)— 

(i) in subparagraph (A)— 

(I) by striking clause (i) and inserting the following: 

‘‘(i) initiatives focused on improving transition from 

education, including postsecondary education, to 

employment, particularly in competitive integrated 

employment, for youth who are individuals with significant disabilities;’’; and 

(II) by striking clause (iii) and inserting the 

following: 

‘‘(iii) increasing competitive integrated employment 

for individuals with significant disabilities.’’; and 

(ii) in subparagraph (B)(viii), by striking ‘‘under 

title I of the Workforce Investment Act of 1998’’ and 

inserting ‘‘under subtitle B of title I of the Workforce 

Innovation and Opportunity Act’’; and 

(D) by striking paragraph (6); 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) in subparagraph (E), by striking ‘‘and’’ after 

the semicolon; 

(ii) by redesignating subparagraph (F) as subparagraph (G); and 

(iii) by inserting after subparagraph (E) the following: 

‘‘(F) to provide support and guidance in helping individuals with significant disabilities, including students with 

disabilities, transition to competitive integrated employment; and’’; 

(B) in paragraph (4)— 

(i) in subparagraph (A)(ii)— 

(I) by inserting ‘‘the’’ after ‘‘closely with’’; and 

(II) by inserting ‘‘, the community parent 

resource centers established pursuant to section 

672 of such Act, and the eligible entities receiving 

awards under section 673 of such Act’’ after 

‘‘Individuals with Disabilities Education Act’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1674 PUBLIC LAW 113–128—JULY 22, 2014 

(ii) in subparagraph (C), by inserting ‘‘, and demonstrate the capacity for serving,’’ after ‘‘shall serve’’; 

and 

(C) by adding at the end the following: 

‘‘(8) RESERVATION.—From the amount appropriated to carry 

out this section for a fiscal year, 20 percent of such amount 

or $500,000, whichever is less, may be reserved to carry out 

paragraph (6).’’; and 

(3) by striking subsection (e) and inserting the following: 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section there are authorized to be appropriated 

$5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, 

$6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, 

$6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020.’’. 

SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; RECREATIONAL 

PROGRAMS. 

The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is 

amended— 

(1) by striking sections 304 and 305; 

(2) by redesignating section 306 as section 304. 

Subtitle E—National Council on Disability 

SEC. 451. ESTABLISHMENT. 

Section 400 (29 U.S.C. 780) is amended— 

(1) in subsection (a)(1)— 

(A) by redesignating subparagraph (C) as subparagraph (D); 

(B) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) There is established within the Federal Government a 

National Council on Disability (referred to in this title as the 

‘National Council’), which, subject to subparagraph (B), shall be 

composed of 9 members, of which— 

‘‘(i) 5 shall be appointed by the President; 

‘‘(ii) 1 shall be appointed by the Majority Leader of the 

Senate; 

‘‘(iii) 1 shall be appointed by the Minority Leader of the 

Senate; 

‘‘(iv) 1 shall be appointed by the Speaker of the House 

of Representatives; and 

‘‘(v) 1 shall be appointed by the Minority Leader of the 

House of Representatives. 

‘‘(B) The National Council shall transition from 15 members 

(as of the date of enactment of the Workforce Innovation and 

Opportunity Act) to 9 members as follows: 

‘‘(i) On the first 4 expirations of National Council terms 

(after that date), replacement members shall be appointed to 

the National Council in the following order and manner: 

‘‘(I) 1 shall be appointed by the Majority Leader of 

the Senate. 

‘‘(II) 1 shall be appointed by the Minority Leader of 

the Senate. 

‘‘(III) 1 shall be appointed by the Speaker of the House 

of Representatives. 

Appointments. 

Appointments. 

29 USC 776. 

29 USC 774, 775. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1675 

‘‘(IV) 1 shall be appointed by the Minority Leader 

of the House of Representatives. 

‘‘(ii) On the next 6 expirations of National Council terms 

(after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council. 

‘‘(C) For any vacancy on the National Council that occurs after 

the transition described in subparagraph (B), the vacancy shall 

be filled in the same manner as the original appointment was 

made.’’; and 

(C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence— 

(i) by inserting ‘‘national leaders on disability 

policy,’’ after ‘‘guardians of individuals with disabilities,’’; and 

(ii) by striking ‘‘policy or programs’’ and inserting 

‘‘policy or issues that affect individuals with disabilities’’; 

(2) in subsection (b), by striking ‘‘, except’’ and all that 

follows and inserting a period; and 

(3) in subsection (d), by striking ‘‘Eight’’ and inserting 

‘‘Five’’. 

SEC. 452. REPORT. 

Section 401 (29 U.S.C. 781) is amended— 

(1) in paragraphs (1) and (3) of subsection (a), by striking 

‘‘National Institute on Disability and Rehabilitation Research’’ 

and inserting ‘‘National Institute on Disability, Independent 

Living, and Rehabilitation Research’’; and 

(2) by striking subsection (c). 

SEC. 453. AUTHORIZATION OF APPROPRIATIONS. 

Section 405 (29 U.S.C. 785) is amended by striking ‘‘such sums 

as may be necessary for each of the fiscal years 1999 through 

2003.’’ and inserting ‘‘$3,186,000 for fiscal year 2015, $3,432,000 

for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 

for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 

for fiscal year 2020.’’. 

Subtitle F—Rights and Advocacy 

SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUNCIL. 

(a) INTERAGENCY COMMITTEE.—Section 501 (29 U.S.C. 791) is 

amended— 

(1) by striking subsection (f); and 

(2) by redesignating subsection (g) as subsection (f). 

(b) ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.—Section 502(j) (29 U.S.C. 792(j)) is amended by 

striking ‘‘such sums as may be necessary for each of the fiscal 

years 1999 through 2003.’’ and inserting ‘‘$7,448,000 for fiscal year 

2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 

2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 

2019, and $8,750,000 for fiscal year 2020.’’. 

(c) PROGRAM OR ACTIVITY.—Section 504(b)(2)(B) (29 U.S.C. 

794(b)(2)(B)) is amended by striking ‘‘vocational education’’ and 

inserting ‘‘career and technical education’’. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1676 PUBLIC LAW 113–128—JULY 22, 2014 

(d) INTERAGENCY DISABILITY COORDINATING COUNCIL.—Section 

507(a) (29 U.S.C. 794c(a)) is amended by inserting ‘‘the Chairperson 

of the National Council on Disability,’’ before ‘‘and such other’’. 

SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. 

Section 509 (29 U.S.C. 794e) is amended— 

(1) in subsection (c)(1)(A), by inserting ‘‘a grant, contract, 

or cooperative agreement for’’ before ‘‘training’’; 

(2) in subsection (f)(2)— 

(A) by striking ‘‘general’’ and all that follows through 

‘‘records’’ and inserting ‘‘general authorities, including the 

authority to access records’’; and 

(B) by inserting ‘‘of title I’’ after ‘‘subtitle C’’; and 

(3) in subsection (l), by striking ‘‘such sums as may be 

necessary for each of the fiscal years 1999 through 2003.’’ 

and inserting ‘‘$17,650,000 for fiscal year 2015, $19,013,000 

for fiscal year 2016, $19,408,000 for fiscal year 2017, 

$19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 

2019, and $20,735,000 for fiscal year 2020.’’. 

SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE. 

(a) IN GENERAL.—Title V (29 U.S.C. 791 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE. 

‘‘(a) IN GENERAL.—No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as 

described in section 14(c) of the Fair Labor Standards Act of 1938 

(29 U.S.C. 214(c)) may compensate an individual with a disability 

who is age 24 or younger at a wage (referred to in this section 

as a ‘subminimum wage’) that is less than the Federal minimum 

wage unless 1 of the following conditions is met: 

‘‘(1) The individual is currently employed, as of the effective 

date of this section, by an entity that holds a valid certificate 

pursuant to section 14(c) of the Fair Labor Standards Act 

of 1938. 

‘‘(2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces 

documentation indicating completion of, each of the following 

actions: 

‘‘(A) The individual has received pre-employment 

transition services that are available to the individual 

under section 113, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et 

seq.) such as transition services available to the individual 

under section 614(d) of that Act (20 U.S.C. 1414(d)). 

‘‘(B) The individual has applied for vocational 

rehabilitation services under title I, with the result that— 

‘‘(i)(I) the individual has been found ineligible for 

such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the 

determination of ineligibility; or 

‘‘(II)(aa) the individual has been determined to 

be eligible for vocational rehabilitation services; 

‘‘(bb) the individual has an individualized plan 

for employment under section 102; 

‘‘(cc) the individual has been working toward an 

employment outcome specified in such individualized 

Contracts. 

29 USC 794g. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1677 

plan for employment, with appropriate supports and 

services, including supported employment services, for 

a reasonable period of time without success; and 

‘‘(dd) the individual’s vocational rehabilitation case 

is closed; and 

‘‘(ii)(I) the individual has been provided career 

counseling, and information and referrals to Federal 

and State programs and other resources in the individual’s geographic area that offer employment-related 

services and supports designed to enable the individual 

to explore, discover, experience, and attain competitive 

integrated employment; and 

‘‘(II) such counseling and information and referrals 

are not for employment compensated at a subminimum 

wage provided by an entity described in this subsection, 

and such employment-related services are not compensated at a subminimum wage and do not directly 

result in employment compensated at a subminimum 

wage provided by an entity described in this subsection. 

‘‘(b) CONSTRUCTION.— 

‘‘(1) RULE.—Nothing in this section shall be construed to— 

‘‘(A) change the purpose of this Act described in section 

2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; 

or 

‘‘(B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation 

strategy or successful employment outcome, as defined in 

section 7(11). 

‘‘(2) CONTRACTS.—A local educational agency (as defined 

in section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801)) or a State educational agency 

(as defined in such section) may not enter into a contract 

or other arrangement with an entity described in subsection 

(a) for the purpose of operating a program for an individual 

who is age 24 or younger under which work is compensated 

at a subminimum wage. 

‘‘(3) VOIDABILITY.—The provisions in this section shall be 

construed in a manner consistent with the provisions of the 

Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), 

as amended before or after the effective date of this Act. 

‘‘(c) DURING EMPLOYMENT.— 

‘‘(1) IN GENERAL.—The entity described in subsection (a) 

may not continue to employ an individual, regardless of age, 

at a subminimum wage unless, after the individual begins 

work at that wage, at the intervals described in paragraph 

(2), the individual (with, in an appropriate case, the individual’s 

parent or guardian)— 

‘‘(A) is provided by the designated State unit career 

counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates 

independent decisionmaking and informed choice, as the 

individual makes decisions regarding employment and 

career advancement; and 

‘‘(B) is informed by the employer of self-advocacy, selfdetermination, and peer mentoring training opportunities 

available in the individual’s geographic area, provided by 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1678 PUBLIC LAW 113–128—JULY 22, 2014 

an entity that does not have any financial interest in 

the individual’s employment outcome, under applicable 

Federal and State programs or other sources. 

‘‘(2) TIMING.—The actions required under subparagraphs 

(A) and (B) of paragraph (1) shall be carried out once every 

6 months for the first year of the individual’s employment 

at a subminimum wage, and annually thereafter for the duration of such employment. 

‘‘(3) SMALL BUSINESS EXCEPTION.—In the event that the 

entity described in subsection (a) is a business with fewer 

than 15 employees, such entity can satisfy the requirements 

of subparagraphs (A) and (B) of paragraph (1) by referring 

the individual, at the intervals described in paragraph (2), 

to the designated State unit for the counseling, information, 

and referrals described in paragraph (1)(A) and the information 

described in paragraph (1)(B). 

‘‘(d) DOCUMENTATION.— 

‘‘(1) IN GENERAL.—The designated State unit, in consultation with the State educational agency, shall develop a new 

process or utilize an existing process, consistent with guidelines 

developed by the Secretary, to document the completion of 

the actions described in subparagraphs (A) and (B) of subsection 

(a)(2) by a youth with a disability who is an individual with 

a disability. 

‘‘(2) DOCUMENTATION PROCESS.—Such process shall require 

that— 

‘‘(A) in the case of a student with a disability, for 

documentation of actions described in subsection (a)(2)(A)— 

‘‘(i) if such a student with a disability receives 

and completes each category of required activities in 

section 113(b), such completion of services shall be 

documented by the designated State unit in a manner 

consistent with this section; 

‘‘(ii) if such a student with a disability receives 

and completes any transition services available for students with disabilities under the Individuals with 

Disabilities Education Act, including those provided 

under section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 

1414(d)(1)(A)(i)(VIII)), such completion of services shall 

be documented by the appropriate school official 

responsible for the provision of such transition services, 

in a manner consistent with this section; and 

‘‘(iii) the designated State unit shall provide the 

final documentation, in a form and manner consistent 

with this section, of the completion of pre-employment 

transition services as described in clause (i), or transition services under the Individuals with Disabilities 

Education Act as described in clause (ii), to the student 

with a disability within a reasonable period of time 

following the completion; and 

‘‘(B) when an individual has completed the actions 

described in subsection (a)(2)(B), the designated State unit 

shall provide the individual a document indicating such 

completion, in a manner consistent with this section, within 

a reasonable time period following the completion of the 

actions described in this subparagraph. 

Records. ‘‘(e) VERIFICATION.— 

Consultation. 

Time period. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1679 

‘‘(1) BEFORE EMPLOYMENT.—Before an individual covered 

by subsection (a)(2) begins work for an entity described in 

subsection (a) at a subminimum wage, the entity shall review 

such documentation received by the individual under subsection 

(d), and provided by the individual to the entity, that indicates 

that the individual has completed the actions described in 

subparagraphs (A) and (B) of subsection (a)(2) and the entity 

shall maintain copies of such documentation. 

‘‘(2) DURING EMPLOYMENT.— ‘‘(A) IN GENERAL.—In order to continue to employ an 

individual at a subminimum wage, the entity described 

in subsection (a) shall verify completion of the requirements 

of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies 

of the documentation described in subsection (d). 

‘‘(B) REVIEW OF DOCUMENTATION.—The entity described 

in subsection (a) shall be subject to review of individual 

documentation described in subsection (d) by a representative working directly for the designated State unit or the 

Department of Labor at such a time and in such a manner 

as may be necessary to fulfill the intent of this section, 

consistent with regulations established by the designated 

State unit or the Secretary of Labor. 

‘‘(f) FEDERAL MINIMUM WAGE.—In this section, the term ‘Federal minimum wage’ means the rate applicable under section 6(a)(1) 

of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).’’. 

(b) EFFECTIVE DATE.—This section takes effect 2 years after 

the date of enactment of the Workforce Innovation and Opportunity 

Act. 

Subtitle G—Employment Opportunities for 

Individuals With Disabilities 

SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH 

DISABILITIES. 

Title VI (29 U.S.C. 795 et seq.) is amended— 

(1) by striking part A; 

(2) by striking the part heading relating to part B; 

(3) by redesignating sections 621 through 628 as sections 

602 through 609, respectively; 

(4) in section 602, as redesignated by paragraph (3)— 

(A) by striking ‘‘part’’ and inserting ‘‘title’’; and 

(B) by striking ‘‘individuals with the most significant 

disabilities’’ and all that follows and inserting ‘‘individuals 

with the most significant disabilities, including youth with 

the most significant disabilities, to enable such individuals 

to achieve an employment outcome of supported employment in competitive integrated employment.’’; 

(5) in section 603, as redesignated by paragraph (3)— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘part’’ and inserting ‘‘title’’; 

(II) in subparagraph (A), by inserting 

‘‘amount’’ after ‘‘whichever’’; and 

(III) in subparagraph (B)— 

29 USC 795h. 

29 USC 795, 

795a. 

29 USC 795g 

prec. 

29 USC 

795g–795n. 

29 USC 795g. 

29 USC 794g 

note. 

Definition. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1680 PUBLIC LAW 113–128—JULY 22, 2014 

(aa) by striking ‘‘part for the fiscal year’’ 

and inserting ‘‘title for the fiscal year’’; 

(bb) by striking ‘‘this part in fiscal year 

1992’’ and inserting ‘‘part B of this title (as 

in effect on September 30, 1992) in fiscal year 

1992’’; and 

(cc) by inserting ‘‘amount’’ after ‘‘whichever’’; and 

(ii) in paragraph (2)(B), by striking ‘‘one-eighth 

of one percent’’ and inserting ‘‘1⁄8 of 1 percent’’; 

(B) in subsection (b)— 

(i) by inserting ‘‘under subsection (a)’’ after ‘‘allotment to a State’’; 

(ii) by striking ‘‘part’’ each place the term appears 

and inserting ‘‘title’’; and 

(iii) by striking ‘‘one or more’’ and inserting ‘‘1 

or more’’; and 

(C) by adding at the end the following: 

‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A State that 

receives an allotment under this title shall not use more than 

2.5 percent of such allotment to pay for administrative costs. 

‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABILITIES.—A State that receives an allotment under this title shall 

reserve and expend half of such allotment for the provision of 

supported employment services, including extended services, to 

youth with the most significant disabilities in order to assist those 

youth in achieving an employment outcome in supported employment.’’; 

(6) by striking section 604, as redesignated by paragraph 

(3), and inserting the following: 

‘‘SEC. 604. AVAILABILITY OF SERVICES. 

‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds provided 

under this title may be used to provide supported employment 

services to individuals who are eligible under this title. 

‘‘(b) EXTENDED SERVICES.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

funds provided under this title, or title I, may not be used 

to provide extended services to individuals under this title 

or title I. 

‘‘(2) EXTENDED SERVICES FOR YOUTH WITH THE MOST

SIGNIFICANT DISABILITIES.—Funds allotted under this title, or 

title I, and used for the provision of services under this title 

to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth 

with the most significant disabilities. Such extended services 

shall be available for a period not to exceed 4 years.’’; 

(7) in section 605, as redesignated by paragraph (3)— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘, including a youth with a disability,’’ after ‘‘An individual’’; and 

(ii) by striking ‘‘this part’’ and inserting ‘‘this title’’; 

(B) in paragraph (1), by inserting ‘‘under title I’’ after 

‘‘rehabilitation services’’; 

(C) in paragraph (2), by striking ‘‘and’’ after the semicolon; 

(D) by redesignating paragraph (3) as paragraph (4); 

29 USC 795j. 

Time period. 

29 USC 795i. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1681 

(E) by inserting after paragraph (2) the following: 

‘‘(3) for purposes of activities carried out with funds 

described in section 603(d), the individual is a youth with 

a disability, as defined in section (7)(42); and’’; and 

(F) in paragraph (4), as redesignated by subparagraph 

(D), by striking ‘‘assessment of rehabilitation needs’’ and 

inserting ‘‘assessment of the rehabilitation needs’’; 

(8) in section 606, as redesignated by paragraph (3)— 

(A) in subsection (a)— 

(i) by striking ‘‘this part’’ and inserting ‘‘this title’’; 

and 

(ii) by inserting ‘‘, including youth with the most 

significant disabilities,’’ after ‘‘individuals’’; 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘this part’’ and 

inserting ‘‘this title’’; 

(ii) in paragraph (2), by inserting ‘‘, including 

youth,’’ after ‘‘rehabilitation needs of individuals’’; 

(iii) in paragraph (3)— 

(I) by inserting ‘‘, including youth with the 

most significant disabilities,’’ after ‘‘provided to 

individuals’’; and 

(II) by striking ‘‘section 622’’ and inserting 

‘‘section 603’’; 

(iv) by striking paragraph (7); 

(v) by redesignating paragraph (6) as paragraph 

(7); 

(vi) by inserting after paragraph (5) the following: 

‘‘(6) describe the activities to be conducted pursuant to 

section 603(d) for youth with the most significant disabilities, 

including— 

‘‘(A) the provision of extended services for a period 

not to exceed 4 years; and 

‘‘(B) how the State will use the funds reserved in 

section 603(d) to leverage other public and private funds 

to increase resources for extended services and expand 

supported employment opportunities for youth with the 

most significant disabilities;’’; 

(vii) in paragraph (7), as redesignated by clause 

(v)— 

(I) in subparagraph (A), by striking ‘‘under 

this part’’ both places the term appears and 

inserting ‘‘under this title’’; 

(II) in subparagraph (B), by inserting ‘‘, 

including youth with the most significant disabilities,’’ after ‘‘significant disabilities’’; 

(III) in subparagraph (C)— 

(aa) in clause (i), by inserting ‘‘, including, 

as appropriate, for youth with the most significant disabilities, transition services and preemployment transition services’’ after ‘‘services 

to be provided’’; 

(bb) in clause (ii), by inserting ‘‘, including 

the extended services that may be provided 

to youth with the most significant disabilities 

under this title, in accordance with an 

approved individualized plan for employment, 

Time period. 

Time period. 

29 USC 795k. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1682 PUBLIC LAW 113–128—JULY 22, 2014 

for a period not to exceed 4 years’’ after ‘‘services needed’’; and 

(cc) in clause (iii)— 

(AA) by striking ‘‘identify the source 

of extended services,’’ and inserting ‘‘identify, as appropriate, the source of extended 

services,’’; 

(BB) by striking ‘‘or to the extent’’ 

and inserting ‘‘or indicate’’; and 

(CC) by striking ‘‘employment is 

developed’’ and all that follows and 

inserting ‘‘employment is developed;’’ 

(IV) in subparagraph (D), by striking ‘‘under 

this part’’ and inserting ‘‘under this title’’; 

(V) in subparagraph (F), by striking ‘‘and’’ 

after the semicolon; 

(VI) in subparagraph (G), by striking ‘‘for the 

maximum number of hours possible’’; and 

(VII) by adding at the end the following: 

‘‘(H) the State agencies designated under paragraph 

(1) will expend not more than 2.5 percent of the allotment 

of the State under this title for administrative costs of 

carrying out this title; and 

‘‘(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will 

provide, directly or indirectly through public or private 

entities, non-Federal contributions in an amount that is 

not less than 10 percent of the costs of carrying out such 

services; and’’; 

(9) by striking section 607, as redesignated by paragraph 

(3), and inserting the following: 

‘‘SEC. 607. RESTRICTION. 

‘‘Each State agency designated under section 606(b)(1) shall 

collect the information required by section 101(a)(10) separately 

for— 

‘‘(1) eligible individuals receiving supported employment 

services under this title; 

‘‘(2) eligible individuals receiving supported employment 

services under title I; 

‘‘(3) eligible youth receiving supported employment services 

under this title; and 

‘‘(4) eligible youth receiving supported employment services 

under title I.’’; 

(10) in section 608(b), as redesignated by paragraph (3), 

by striking ‘‘this part’’ both places the terms appears and 

inserting ‘‘this title’’; and 

(11) by striking section 609, as redesignated by paragraph 

(3), and inserting the following: 

‘‘SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE 

INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH 

DISABILITIES. 

‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date 

of enactment of the Workforce Innovation and Opportunity Act, 

the Secretary of Labor shall establish an Advisory Committee on 

Deadline. 

29 USC 795n. 

29 USC 795m. 

29 USC 795l. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1683 

Increasing Competitive Integrated Employment for Individuals with 

Disabilities (referred to in this section as the ‘Committee’). 

‘‘(b) APPOINTMENT AND VACANCIES.— 

‘‘(1) APPOINTMENT.—The Secretary of Labor shall appoint 

the members of the Committee described in subsection (c)(6), 

in accordance with subsection (c). 

‘‘(2) VACANCIES.—Any vacancy in the Committee shall not 

affect its powers, but shall be filled in the same manner, 

in accordance with the same paragraph of subsection (c), as 

the original appointment or designation was made. 

‘‘(c) COMPOSITION.—The Committee shall be composed of— 

‘‘(1) the Assistant Secretary for Disability Employment 

Policy, the Assistant Secretary for Employment and Training, 

and the Administrator of the Wage and Hour Division, of the 

Department of Labor; 

‘‘(2) the Commissioner of the Administration on Intellectual 

and Developmental Disabilities, or the Commissioner’s designee; 

‘‘(3) the Director of the Centers for Medicare & Medicaid 

Services of the Department of Health and Human Services, 

or the Director’s designee; 

‘‘(4) the Commissioner of Social Security, or the Commissioner’s designee; 

‘‘(5) the Commissioner of the Rehabilitation Services 

Administration, or the Commissioner’s designee; and 

‘‘(6) representatives from constituencies consisting of— 

‘‘(A) self-advocates for individuals with intellectual or 

developmental disabilities; 

‘‘(B) providers of employment services, including those 

that employ individuals with intellectual or developmental 

disabilities in competitive integrated employment; 

‘‘(C) representatives of national disability advocacy 

organizations for adults with intellectual or developmental 

disabilities; 

‘‘(D) experts with a background in academia or research 

and expertise in employment and wage policy issues for 

individuals with intellectual or developmental disabilities; 

‘‘(E) representatives from the employer community or 

national employer organizations; and 

‘‘(F) other individuals or representatives of organizations with expertise on increasing opportunities for 

competitive integrated employment for individuals with 

disabilities. 

‘‘(d) CHAIRPERSON.—The Committee shall elect a Chairperson 

of the Committee from among the appointed members of the Committee. 

‘‘(e) MEETINGS.—The Committee shall meet at the call of the 

Chairperson, but not less than 8 times. 

‘‘(f) DUTIES.—The Committee shall study, and prepare findings, 

conclusions, and recommendations for the Secretary of Labor on— 

‘‘(1) ways to increase the employment opportunities for 

individuals with intellectual or developmental disabilities or 

other individuals with significant disabilities in competitive 

integrated employment; 

‘‘(2) the use of the certificate program carried out under 

section 14(c) of the Fair Labor Standards Act of 1938 (29 

Recommendations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1684 PUBLIC LAW 113–128—JULY 22, 2014 

U.S.C. 214(c)) for the employment of individuals with intellectual or developmental disabilities, or other individuals with 

significant disabilities; and 

‘‘(3) ways to improve oversight of the use of such certificates. 

‘‘(g) COMMITTEE PERSONNEL MATTERS.— 

‘‘(1) TRAVEL EXPENSES.—The members of the Committee 

shall not receive compensation for the performance of services 

for the Committee, but shall be allowed reasonable travel 

expenses, including per diem in lieu of subsistence, at rates 

authorized for employees of agencies under subchapter I of 

chapter 57 of title 5, United States Code, while away from 

their homes or regular places of business in the performance 

of services for the Committee. Notwithstanding section 1342 

of title 31, United States Code, the Secretary may accept the 

voluntary and uncompensated services of members of the Committee. 

‘‘(2) STAFF.—The Secretary of Labor may designate such 

personnel as may be necessary to enable the Committee to 

perform its duties. 

‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 

Government employee, with the approval of the head of the 

appropriate Federal agency, may be detailed to the Committee 

without reimbursement, and such detail shall be without 

interruption or loss of civil service status or privilege. 

‘‘(4) FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary 

of Labor shall make available to the Committee, under such 

arrangements as may be appropriate, necessary equipment, 

supplies, and services. 

‘‘(h) REPORTS.— 

‘‘(1) INTERIM AND FINAL REPORTS.—The Committee shall 

prepare and submit to the Secretary of Labor, as well as the 

Committee on Health, Education, Labor, and Pensions of the 

Senate and the Committee on Education and the Workforce 

of the House of Representatives— 

‘‘(A) an interim report that summarizes the progress 

of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); 

and 

‘‘(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f). 

‘‘(2) PREPARATION AND SUBMISSION.—The reports shall be 

prepared and submitted— 

‘‘(A) in the case of the interim report, not later than 

1 year after the date on which the Committee is established 

under subsection (a); and 

‘‘(B) in the case of the final report, not later than 

2 years after the date on which the Committee is established under subsection (a). 

‘‘(i) TERMINATION.—The Committee shall terminate on the day 

after the date on which the Committee submits the final report. 

‘‘SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There is authorized to be appropriated to carry out this title 

$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, 

$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, 

29 USC 795o. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1685 

$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 

2020.’’. 

Subtitle H—Independent Living Services 

and Centers for Independent Living 

CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT 

DISABILITIES 

Subchapter A—General Provisions 

SEC. 471. PURPOSE. 

Section 701 (29 U.S.C. 796) is amended, in paragraph (3)— 

(1) by striking ‘‘part B of title VI’’ and inserting ‘‘title 

VI’’; and 

(2) by inserting before the period the following: ‘‘, with 

the goal of improving the independence of individuals with 

disabilities’’. 

SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM. 

Title VII (29 U.S.C. 796 et seq.) is amended by inserting after 

section 701 the following: 

‘‘SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM. 

‘‘There is established within the Administration for Community 

Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section 

as the ‘Director’) appointed by the Secretary of Health and Human 

Services. The Director shall be an individual with substantial 

knowledge of independent living services. The Independent Living 

Administration shall be the principal agency, and the Director 

shall be the principal officer, to carry out this chapter. In performing 

the functions of the office, the Director shall be directly responsible 

to the Administrator of the Administration for Community Living 

of the Department of Health and Human Services. The Secretary 

shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from 

the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support 

to, and oversight of, the programs funded under this chapter.’’. 

SEC. 473. DEFINITIONS. 

Section 702 (29 U.S.C. 796a) is amended— 

(1) in paragraph (1)— 

(A) in the matter before subparagraph (A), by inserting 

‘‘for individuals with significant disabilities (regardless of 

age or income)’’ before ‘‘that—’’; and 

(B) in subparagraph (B), by striking the period and 

inserting ‘‘, including, at a minimum, independent living 

core services as defined in section 7(17).’’; 

(2) in paragraph (2), by striking the period and inserting 

the following: ‘‘, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.’’; 

(3) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; and 

Establishment. 

29 USC 796–1. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1686 PUBLIC LAW 113–128—JULY 22, 2014 

(4) by inserting before paragraph (2) the following: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Administration for Community Living of 

the Department of Health and Human Services.’’. 

SEC. 474. STATE PLAN. 

Section 704 (29 U.S.C. 796c) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting after ‘‘State plan’’ the following: 

‘‘developed and signed in accordance with paragraph 

(2),’’; and 

(ii) by striking ‘‘Commissioner’’ each place it 

appears and inserting ‘‘Administrator’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘developed and signed by’’; and 

(ii) by striking subparagraphs (A) and (B) and 

inserting the following: 

‘‘(A) developed by the chairperson of the Statewide 

Independent Living Council, and the directors of the centers for independent living in the State, after receiving 

public input from individuals with disabilities and other 

stakeholders throughout the State; and 

‘‘(B) signed by— 

‘‘(i) the chairperson of the Statewide Independent 

Living Council, acting on behalf of and at the direction 

of the Council; 

‘‘(ii) the director of the designated State entity 

described in subsection (c); and 

‘‘(iii) not less than 51 percent of the directors of 

the centers for independent living in the State.’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A), by striking ‘‘State independent living services’’ and inserting ‘‘independent 

living services in the State’’; and 

(ii) by striking subparagraph (C) and inserting 

the following: 

‘‘(C) working relationships and collaboration between— 

‘‘(i) centers for independent living; and 

‘‘(ii)(I) entities carrying out programs that provide 

independent living services, including those serving 

older individuals; 

‘‘(II) other community-based organizations that 

provide or coordinate the provision of housing, 

transportation, employment, information and referral 

assistance, services, and supports for individuals with 

significant disabilities; and 

‘‘(III) entities carrying out other programs providing services for individuals with disabilities.’’. 

(D) in paragraph (4), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘Administrator’’; and 

(E) by adding at the end the following: 

‘‘(5) STATEWIDENESS.—The State plan shall describe strategies for providing independent living services on a statewide 

basis, to the greatest extent possible.’’; 

(2) in subsection (c)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1687 

(A) in the subsection heading, by striking ‘‘UNIT’’ and 

inserting ‘‘ENTITY’’; 

(B) in the matter preceding paragraph (1), by striking 

‘‘the designated State unit of such State’’ and inserting 

‘‘a State entity of such State (referred to in this title as 

the ‘designated State entity’)’’; 

(C) in paragraphs (3) and (4), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’; 

(D) in paragraph (3), by striking ‘‘and’’ at the end; 

(E) in paragraph (4), by striking the period and 

inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(5) retain not more than 5 percent of the funds received 

by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4).’’; 

(3) in subsection (i), by striking paragraphs (1) and (2) 

and inserting the following: 

‘‘(1) the Statewide Independent Living Council; 

‘‘(2) centers for independent living; 

‘‘(3) the designated State entity; and 

‘‘(4) other State agencies or entities represented on the 

Council, other councils that address the needs and issues of 

specific disability populations, and other public and private 

entities determined to be appropriate by the Council.’’; 

(4) in subsection (m)— 

(A) in paragraph (4), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘Administrator’’; and 

(B) in paragraph (5), by striking ‘‘Commissioner’’ and 

inserting ‘‘Administrator’’; and 

(5) by adding at the end the following: 

‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY LIFE.—The plan 

shall describe how the State will provide independent living services 

described in section 7(18) that promote full access to community 

life for individuals with significant disabilities.’’. 

SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL. 

Section 705 (29 U.S.C. 796d) is amended— 

(1) in subsection (a), by inserting ‘‘and maintain’’ after 

‘‘shall establish’’; 

(2) in subsection (b)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by inserting ‘‘among its voting members,’’ 

before ‘‘at least’’; and 

(II) by striking ‘‘one’’ and inserting ‘‘1’’; and 

(ii) by striking subparagraphs (B) and (C) and 

inserting the following: 

‘‘(B) among its voting members, for a State in which 

1 or more centers for independent living are run by, or 

in conjunction with, the governing bodies of American 

Indian tribes located on Federal or State reservations, at 

least 1 representative of the directors of such centers; and 

‘‘(C) as ex officio, nonvoting members, a representative 

of the designated State entity, and representatives from 

State agencies that provide services for individuals with 

disabilities.’’; 

(B) in paragraph (3)— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1688 PUBLIC LAW 113–128—JULY 22, 2014 

(i) by redesignating subparagraphs (C) through (F) 

as subparagraphs (D) through (G), respectively; 

(ii) in subparagraph (B), by striking ‘‘parents and 

guardians of’’; and 

(iii) by inserting after paragraph (B) the following: 

‘‘(C) parents and guardians of individuals with disabilities;’’; 

(C) in paragraph (5)(B), by striking ‘‘paragraph (3)’’ 

and inserting ‘‘paragraph (1)’’; and 

(D) in paragraph (6)(B), by inserting ‘‘, other than 

a representative described in paragraph (2)(A) if there is 

only one center for independent living within the State,’’ 

after ‘‘the Council’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) FUNCTIONS.— ‘‘(1) DUTIES.—The Council shall— 

‘‘(A) develop the State plan as provided in section 

704(a)(2); 

‘‘(B) monitor, review, and evaluate the implementation 

of the State plan; 

‘‘(C) meet regularly, and ensure that such meetings 

of the Council are open to the public and sufficient advance 

notice of such meetings is provided; 

‘‘(D) submit to the Administrator such periodic reports 

as the Administrator may reasonably request, and keep 

such records, and afford such access to such records, as 

the Administrator finds necessary to verify the information 

in such reports; and 

‘‘(E) as appropriate, coordinate activities with other 

entities in the State that provide services similar to or 

complementary to independent living services, such as entities that facilitate the provision of or provide long-term 

community-based services and supports. 

‘‘(2) AUTHORITIES.—The Council may, consistent with the 

State plan described in section 704, unless prohibited by State 

law— 

‘‘(A) in order to improve services provided to individuals 

with disabilities, work with centers for independent living 

to coordinate services with public and private entities; 

‘‘(B) conduct resource development activities to support 

the activities described in this subsection or to support 

the provision of independent living services by centers for 

independent living; and 

‘‘(C) perform such other functions, consistent with the 

purpose of this chapter and comparable to other functions 

described in this subsection, as the Council determines 

to be appropriate. 

‘‘(3) LIMITATION.—The Council shall not provide independent living services directly to individuals with significant 

disabilities or manage such services.’’; 

(4) in subsection (e)— 

(A) in paragraph (1), in the first sentence, by striking 

‘‘prepare’’ and all that follows through ‘‘a plan’’ and 

inserting ‘‘prepare, in conjunction with the designated State 

entity, a plan’’; and 

(B) in paragraph (3), by striking ‘‘State agency’’ and 

inserting ‘‘State entity’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1689 

(5) in subsection (f)— 

(A) by striking ‘‘such resources’’ and inserting ‘‘available resources’’; and 

(B) by striking ‘‘(including’’ and all that follows through 

‘‘compensation’’ and inserting ‘‘(such as personal assistance 

services), and to pay reasonable compensation’’. 

SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR. 

Section 706 (29 U.S.C. 796d–1) is amended— 

(1) by striking the title of the section and inserting the 

following: 

‘‘SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.’’; 

(2) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘Administrator’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’; and 

(ii) in subparagraph (B)— 

(I) in clause (i)— 

(aa) by inserting ‘‘or the Commissioner’’ 

after ‘‘to the Secretary’’; and 

(bb) by striking ‘‘to the Commissioner; 

and’’ and inserting ‘‘to the Administrator;’’; 

(II) by redesignating clause (ii) as clause (iii); 

and 

(III) by inserting after clause (i) the following: 

‘‘(ii) to the State agency shall be deemed to be 

references to the designated State entity; and’’; 

(3) by striking subsection (b) and inserting the following: 

‘‘(b) INDICATORS.—Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the 

Administrator shall develop and publish in the Federal Register 

indicators of minimum compliance for centers for independent living 

(consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living 

Councils.’’; 

(4) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Commissioner’’ each place it 

appears and inserting ‘‘Administrator’’; and 

(ii) by striking the last sentence; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’; 

(ii) in subparagraph (A), by striking ‘‘such a 

review’’ and inserting ‘‘a review described in paragraph 

(1)’’; and 

(iii) in subparagraphs (A) and (B), by striking 

‘‘Department’’ each place it appears and inserting 

‘‘Department of Health and Human Services’’; and 

(5) by striking subsection (d) and inserting the following: 

‘‘(d) REPORTS.— 

‘‘(1) IN GENERAL.—The Director described in section 701A 

shall provide to the Administrator of the Administration for 

Community Living and the Administrator shall include, in an 

Deadline. 

Federal Register, 

publication. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1690 PUBLIC LAW 113–128—JULY 22, 2014 

annual report, information on the extent to which centers for 

independent living receiving funds under part C have complied 

with the standards and assurances set forth in section 725. 

The Director may identify individual centers for independent 

living in the analysis contained in that information. The 

Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent 

living and other recipients of assistance under part C. 

‘‘(2) PUBLIC AVAILABILITY.—The Director shall ensure that 

the report described in this subsection is made publicly available in a timely manner, including through electronic means, 

in order to inform the public about the administration and 

performance of programs under this Act.’’. 

Subchapter B—Independent Living Services 

SEC. 476. ADMINISTRATION. 

(a) ALLOTMENTS.—Section 711 (29 U.S.C. 796e) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(A)— 

(i) by striking ‘‘Except’’ and inserting ‘‘After the 

reservation required by section 711A is made, and 

except’’; and 

(ii) by inserting ‘‘the remainder of the’’ before 

‘‘sums appropriated’’; and 

(B) in paragraph (2)(B), by striking ‘‘amounts made 

available for purposes of this part’’ and inserting 

‘‘remainder described in paragraph (1)(A)’’; 

(2) in subsections (a), (b), and (c), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’; 

and 

(3) by adding at the end the following: 

‘‘(d) ADMINISTRATION.—Funds allotted or made available to a 

State under this section shall be administered by the designated 

State entity, in accordance with the approved State plan.’’. 

(b) TRAINING AND TECHNICAL ASSISTANCE.—Part B of chapter 

1 of title VII is amended by inserting after section 711 (29 U.S.C. 

796e) the following: 

‘‘TRAINING AND TECHNICAL ASSISTANCE

‘‘SEC. 711A. (a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with 

fiscal year 2015, the Administrator shall first reserve not less 

than 1.8 percent and not more than 2 percent of the funds to 

provide, either directly or through grants, contracts, or cooperative 

agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such 

fiscal year. 

‘‘(b) The Administrator shall conduct a survey of such Statewide 

Independent Living Councils regarding training and technical 

assistance needs in order to determine funding priorities for such 

training and technical assistance. 

‘‘(c) To be eligible to receive a grant or enter into a contract 

or cooperative agreement under this section, an entity shall submit 

an application to the Administrator at such time, in such manner, 

Survey. 

Effective date. 

Grants. 

Contracts. 

29 USC 796e–0. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1691 

containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review 

of applications by panels that include persons who are not government employees and who have experience in the operation of such 

Statewide Independent Living Councils.’’. 

(c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e–1(a)) is amended 

by striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’. 

(d) AUTHORIZED USES OF FUNDS.—Section 713 (29 U.S.C. 796e– 

2) is amended— 

(1) by striking the matter preceding paragraph (1) and 

inserting the following: 

‘‘(a) IN GENERAL.—The State may use funds received under 

this part to provide the resources described in section 705(e) (but 

may not use more than 30 percent of the funds paid to the State 

under section 712 for such resources unless the State specifies 

that a greater percentage of the funds is needed for such resources 

in a State plan approved under section 706), relating to the Statewide Independent Living Council, may retain funds under section 

704(c)(5), and shall distribute the remainder of the funds received 

under this part in a manner consistent with the approved State 

plan for the activities described in subsection (b). 

‘‘(b) ACTIVITIES.—The State may use the remainder of the funds 

described in subsection (a)—’’; and 

(2) in paragraph (1), by inserting ‘‘, particularly those in 

unserved areas of the State’’ after ‘‘disabilities’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 714 (29 U.S.C. 

796e–3) is amended by striking ‘‘such sums as may be necessary 

for each of the fiscal years 1999 through 2003.’’ and inserting 

‘‘$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, 

$25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, 

$26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 

2020.’’. 

Subchapter C—Centers for Independent Living 

SEC. 481. PROGRAM AUTHORIZATION. 

Section 721 (29 U.S.C. 796f) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘1999’’ and inserting ‘‘2015’’; 

(B) by striking ‘‘Commissioner shall allot’’ and inserting 

‘‘Administrator shall make available’’; and 

(C) by inserting ‘‘, centers for independent living,’’ after 

‘‘States’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the paragraph heading, by striking ‘‘OTHER

ARRANGEMENTS’’ and inserting ‘‘COOPERATIVE AGREEMENTS’’; 

(ii) by striking ‘‘For’’ and all that follows through 

‘‘Commissioner’’ and inserting ‘‘From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator’’; 

(iii) by striking ‘‘reserve from such excess’’ and 

inserting ‘‘reserve not less than 1.8 percent and not 

more than 2 percent of the funds’’; and 

Peer review. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1692 PUBLIC LAW 113–128—JULY 22, 2014 

(iv) by striking ‘‘eligible agencies’’ and all that 

follows and inserting ‘‘centers for independent living 

and eligible agencies for such fiscal year.’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘Commissioner shall make grants 

to, and enter into contracts and other arrangements 

with,’’ and inserting ‘‘Administrator shall make grants 

to, or enter into contracts or cooperative agreements 

with,’’; and 

(ii) by inserting ‘‘fiscal management of,’’ before 

‘‘planning,’’; 

(C) in paragraphs (3), (4), and (5), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’; 

and 

(D) in paragraph (3), by striking ‘‘Statewide Independent Living Councils and’’; 

(3) in paragraph (4), by striking ‘‘other arrangement’’ and 

inserting ‘‘cooperative agreement’’; 

(4) in subsection (c), by striking ‘‘Commissioner’’ each place 

it appears and inserting ‘‘Administrator’’; and 

(5) in subsection (d), by striking ‘‘Commissioner’’ each place 

it appears and inserting ‘‘Administrator’’. 

SEC. 482. CENTERS. 

(a) CENTERS IN STATES IN WHICH FEDERAL FUNDING EXCEEDS

STATE FUNDING.—Section 722 (29 U.S.C. 796f–1) is amended— 

(1) in subsections (a), (b), and (c), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’; 

(2) in subsection (c)— 

(A) by striking ‘‘grants’’ and inserting ‘‘grants for a 

fiscal year’’; and 

(B) by striking ‘‘by September 30, 1997’’ and inserting 

‘‘for the preceding fiscal year’’; 

(3) in subsection (d)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Commissioner’’ and inserting 

‘‘Administrator’’; and 

(ii) by striking ‘‘region, consistent’’ and all that 

follows and inserting ‘‘region. The Administrator’s 

determination of the most qualified applicant shall be 

consistent with the provisions in the State plan setting 

forth the design of the State for establishing a statewide network of centers for independent living.’’; and 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘Commissioner’’ and inserting ‘‘Administrator’’; and 

(ii) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) shall consider comments regarding the application— 

‘‘(i) by individuals with disabilities and other 

interested parties within the new region proposed to 

be served; and 

‘‘(ii) if any, by the Statewide Independent Living 

Council in the State in which the applicant is located;’’; 

and 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1693 

(4) in subsections (e) and (g) by striking ‘‘Commissioner’’ 

each place it appears and inserting ‘‘Administrator.’’. 

(b) CENTERS IN STATES IN WHICH STATE FUNDING EXCEEDS

FEDERAL FUNDING.—Section 723 (29 U.S.C. 796f–2) is amended— 

(1) in subsections (a), (b), (g), (h), and (i), by striking 

‘‘Commissioner’’ each place it appears and inserting ‘‘Administrator’’; 

(2) in subsection (a)— 

(A) in paragraph (1)(A)(ii), by inserting ‘‘of a designated 

State unit’’ after ‘‘director’’; and 

(B) in the heading of paragraph (3), by striking ‘‘COMMISSIONER’’ and inserting ‘‘ADMINISTRATOR’’; and 

(3) in subsection (c)— 

(A) by striking ‘‘grants’’ and inserting ‘‘grants for a 

fiscal year’’; and 

(B) by striking ‘‘by September 30, 1997’’ and inserting 

‘‘for the preceding fiscal year’’. 

(c) CENTERS OPERATED BY STATE AGENCIES.—Section 724 (29 

U.S.C. 796f–3) is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘1993’’ and inserting ‘‘2015’’; 

(B) by striking ‘‘Rehabilitation Act Amendments of 

1998’’ and inserting ‘‘Workforce Innovation and Opportunity Act’’; and 

(C) by striking ‘‘1994’’ and inserting ‘‘2015’’; and 

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

inserting ‘‘Administrator’’. 

SEC. 483. STANDARDS AND ASSURANCES. 

Section 725 (29 U.S.C. 796f–4) is amended— 

(1) in subsection (b)(1)(D)— 

(A) by striking ‘‘access of’’ and inserting ‘‘access for’’; 

and 

(B) by striking ‘‘to society and’’ and inserting ‘‘, within 

their communities,’’; and 

(2) in subsection (c), by striking ‘‘Commissioner’’ each place 

it appears and inserting ‘‘Administrator’’. 

SEC. 484. AUTHORIZATION OF APPROPRIATIONS. 

Section 727 (29 U.S.C. 796f–6) is amended by striking ‘‘such 

sums as may be necessary for each of the fiscal years 1999 through 

2003.’’ and inserting ‘‘$78,305,000 for fiscal year 2015, $84,353,000 

for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 

for fiscal year 2018, $90,083,000 for fiscal year 2019, and 

$91,992,000 for fiscal year 2020.’’. 

CHAPTER 2—INDEPENDENT LIVING SERVICES FOR 

OLDER INDIVIDUALS WHO ARE BLIND 

SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS 

WHO ARE BLIND. 

Chapter 2 of title VII (29 U.S.C. 796j et seq.) is amended 

by inserting after section 751 the following: 

‘‘TRAINING AND TECHNICAL ASSISTANCE

‘‘SEC. 751A. (a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with 

Effective date. 

Grants. 

Contracts. 

29 USC 796j–1. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1694 PUBLIC LAW 113–128—JULY 22, 2014 

fiscal year 2015, the Commissioner shall first reserve not less 

than 1.8 percent and not more than 2 percent of the funds to 

provide, either directly or through grants, contracts, or cooperative 

agreements, training and technical assistance to designated State 

agencies, or other providers of independent living services for older 

individuals who are blind, that are funded under this chapter 

for such fiscal year. 

‘‘(b) The Commissioner shall conduct a survey of designated 

State agencies that receive grants under section 752 regarding 

training and technical assistance needs in order to determine 

funding priorities for such training and technical assistance. 

‘‘(c) To be eligible to receive a grant or enter into a contract 

or cooperative agreement under this section, an entity shall submit 

an application to the Commissioner at such time, in such manner, 

containing a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review 

of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind.’’. 

SEC. 487. PROGRAM OF GRANTS. 

Section 752 (29 U.S.C. 796k) is amended— 

(1) by striking subsection (h); 

(2) by redesignating subsections (i) and (j) as subsections 

(h) and (i), respectively; 

(3) in subsection (c)(2)— 

(A) by striking ‘‘subsection (j)’’ and inserting ‘‘subsection (i)’’; and 

(B) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’; 

(4) in subsection (g), by inserting ‘‘, or contracts or cooperative agreements with,’’ after ‘‘grants to’’; 

(5) in subsection (h), as redesignated by paragraph (2)— 

(A) in paragraph (1), by striking ‘‘subsection (j)(4)’’ 

and inserting ‘‘subsection (i)(4)’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A)(vi), by adding ‘‘and’’ after 

the semicolon; 

(ii) in subparagraph (B)(ii)(III), by striking ‘‘; and’’ 

and inserting a period; and 

(iii) by striking subparagraph (C); and 

(6) in subsection (i), as redesignated by paragraph (2)— 

(A) in paragraph (2)(A)(ii), by inserting ‘‘, and not 

reserved under section 751A,’’ after ‘‘section 753’’; 

(B) in paragraph (3)(A), by inserting ‘‘, and not reserved 

under section 751A,’’ after ‘‘section 753’’; and 

(C) in paragraph (4)(B)(i), by striking ‘‘subsection (i)’’ 

and inserting ‘‘subsection (h)’’. 

SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS 

WHO ARE BLIND AUTHORIZATION OF APPROPRIATIONS. 

Section 753 (29 U.S.C. 796l) is amended by striking ‘‘such 

sums as may be necessary for each of the fiscal years 1999 through 

2003.’’ and inserting ‘‘$33,317,000 for fiscal year 2015, $35,890,000 

for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 

for fiscal year 2018, $38,328,000 for fiscal year 2019, and 

$39,141,000 for fiscal year 2020.’’. 

Peer review. 

Survey. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1695 

Subtitle I—General Provisions 

SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDEPENDENT 

LIVING TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND SAVINGS PROVISIONS. 

(a) DEFINITIONS.—For purposes of this section, unless otherwise 

provided or indicated by the context— 

(1) the term ‘‘Administration for Community Living’’ means 

the Administration for Community Living of the Department 

of Health and Human Services; 

(2) the term ‘‘Federal agency’’ has the meaning given to 

the term ‘‘agency’’ by section 551(1) of title 5, United States 

Code; 

(3) the term ‘‘function’’ means any duty, obligation, power, 

authority, responsibility, right, privilege, activity, or program; 

and 

(4) the term ‘‘Rehabilitation Services Administration’’ 

means the Rehabilitation Services Administration of the Office 

of Special Education and Rehabilitative Services of the Department of Education. 

(b) TRANSFER OF FUNCTIONS.—There are transferred to the 

Administration for Community Living, all functions which the 

Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related 

functions of any officer or employee of that Administration) under 

chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 

796 et seq.). 

(c) PERSONNEL DETERMINATIONS BY THE OFFICE OF MANAGEMENT AND BUDGET.—The Office of Management and Budget shall— 

(1) ensure that this section does not result in any net 

increase in full-time equivalent employees at any Federal 

agency impacted by this section; and 

(2) not later than 1 year after the effective date of this 

section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

(d) DELEGATION AND ASSIGNMENT.—Except where otherwise 

expressly prohibited by law or otherwise provided by this section, 

the Administrator of the Administration for Community Living 

may delegate any of the functions transferred to the Administrator 

of such Administration by subsection (b) and any function described 

in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and 

employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions 

described in subsection (b) as may be necessary or appropriate. 

No delegation of such functions by the Administrator of the 

Administration for Community Living under this subsection or 

under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions. 

(e) REORGANIZATION.—Except where otherwise expressly 

prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Community Living is authorized 

to allocate or reallocate any function transferred under subsection 

(b) among the officers of such Administration, and to consolidate, 

Deadline. 

Certification. 

42 USC 3515e. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1696 PUBLIC LAW 113–128—JULY 22, 2014 

alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate. 

(f) RULES.—The Administrator of the Administration for 

Community Living is authorized to prescribe, in accordance with 

the provisions of chapters 5 and 6 of title 5, United States Code, 

such rules and regulations as that Administrator determines necessary or appropriate to administer and manage the functions 

described in subsection (b) of that Administration. 

(g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PER- SONNEL.—Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, 

contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, 

held, arising from, available to, or to be made available in connection with the functions transferred by subsection (b), subject to 

section 1531 of title 31, United States Code, shall be transferred 

to the Administration for Community Living. Unexpended funds 

transferred pursuant to this subsection shall be used only for the 

purposes for which the funds were originally authorized and appropriated. 

(h) INCIDENTAL TRANSFERS.—The Director of the Office of 

Management and Budget, at such time or times as the Director 

shall provide, is authorized to make such determinations as may 

be necessary with regard to the functions transferred by subsection 

(b), and to make such additional incidental dispositions of personnel, 

assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and 

other funds held, used, arising from, available to, or to be made 

available in connection with such functions, as may be necessary 

to carry out the provisions of this section. The Director of the 

Office of Management and Budget shall provide for the termination 

of the affairs of all entities terminated by this section and for 

such further measures and dispositions as may be necessary to 

effectuate the purposes of this section, with respect to such functions. 

(i) SAVINGS PROVISIONS.— 

(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, 

determinations, rules, regulations, permits, agreements, grants, 

contracts, certificates, licenses, registrations, privileges, and 

other administrative actions— 

(A) which have been issued, made, granted, or allowed 

to become effective by the President, any Federal agency 

or official thereof, or by a court of competent jurisdiction, 

in the performance of functions which are transferred under 

subsection (b); and 

(B) which are in effect at the time this section takes 

effect, or were final before the effective date of this section 

and are to become effective on or after the effective date 

of this section, 

shall continue in effect according to their terms until modified, 

terminated, superseded, set aside, or revoked in accordance 

with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court 

of competent jurisdiction, or by operation of law. 

(2) PROCEEDINGS NOT AFFECTED.—The provisions of this 

section shall not affect any proceedings, including notices of 

proposed rulemaking, or any application for any license, permit, 

Determinations. 

Regulations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1697 

certificate, or financial assistance pending before the 

Rehabilitation Services Administration at the time this section 

takes effect, with respect to functions transferred by subsection 

(b) but such proceedings and applications shall be continued. 

Orders shall be issued in such proceedings, appeals shall be 

taken therefrom, and payments shall be made pursuant to 

such orders, as if this section had not been enacted, and orders 

issued in any such proceedings shall continue in effect until 

modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation 

of law. Nothing in this paragraph shall be deemed to prohibit 

the discontinuance or modification of any such proceeding under 

the same terms and conditions and to the same extent that 

such proceeding could have been discontinued or modified if 

this section had not been enacted. 

(3) SUITS NOT AFFECTED.—The provisions of this section 

shall not affect suits commenced (with respect to functions 

transferred under subsection (b)) before the effective date of 

this section, and in all such suits, proceedings shall be had, 

appeals taken, and judgments rendered in the same manner 

and with the same effect as if this section had not been enacted. 

(4) NONABATEMENT OF ACTIONS.—No suit, action, or other 

proceeding commenced by or against the Rehabilitation Services 

Administration (with regard to functions transferred under subsection (b)), or by or against any individual in the official 

capacity of such individual as an officer of the Rehabilitation 

Services Administration (with regard to functions transferred 

under subsection (b)), shall abate by reason of the enactment 

of this section. 

(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION

OF REGULATIONS.—Any administrative action relating to the 

preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)) may be continued by the Administration for Community Living with the same effect as if this 

section had not been enacted. 

(j) SEPARABILITY.—If a provision of this section or its application 

to any person or circumstance is held invalid, neither the remainder 

of this section nor the application of the provision to other persons 

or circumstances shall be affected. 

(k) REFERENCES.—A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— 

(1) the Commissioner of the Rehabilitation Services 

Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator 

of the Administration for Community Living; and 

(2) the Rehabilitation Services Administration (with regard 

to functions transferred under subsection (b)), shall be deemed 

to refer to the Administration for Community Living. 

(l) TRANSITION.—The Administrator of the Administration for 

Community Living is authorized to utilize— 

(1) the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with 

regard to functions transferred under subsection (b); and 

(2) funds appropriated to such functions, 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1698 PUBLIC LAW 113–128—JULY 22, 2014 

for such period of time as may reasonably be needed to facilitate 

the orderly implementation of this section. 

(m) ADMINISTRATION FOR COMMUNITY LIVING.— 

(1) TRANSFER OF FUNCTIONS.—There are transferred to the 

Administration for Community Living, all functions which the 

Commissioner of the Rehabilitation Services Administration 

exercised before the effective date of this section (including 

all related functions of any officer or employee of that Administration) under the Assistive Technology Act of 1998 (29 U.S.C. 

3001 et seq.). 

(2) ADMINISTRATIVE MATTERS.—Subsections (d) through (l) 

shall apply to transfers described in paragraph (1). 

(n) NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING, 

AND REHABILITATION RESEARCH.— 

(1) DEFINITIONS.—For purposes of this subsection, unless 

otherwise provided or indicated by the context— 

(A) the term ‘‘NIDILRR’’ means the National Institute 

on Disability, Independent Living, and Rehabilitation 

Research of the Administration for Community Living of 

the Department of Health and Human Services; and 

(B) the term ‘‘NIDRR’’ means the National Institute 

on Disability and Rehabilitation Research of the Office 

of Special Education and Rehabilitative Services of the 

Department of Education. 

(2) TRANSFER OF FUNCTIONS.—There are transferred to the 

NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all 

related functions of any officer or employee of the NIDRR). 

(3) ADMINISTRATIVE MATTERS.— 

(A) IN GENERAL.—Subsections (d) through (l) shall 

apply to transfers described in paragraph (2). 

(B) REFERENCES.—For purposes of applying those subsections under subparagraph (A), those subsections— 

(i) shall apply to the NIDRR and the Director 

of the NIDRR in the same manner and to the same 

extent as those subsections apply to the Rehabilitation 

Services Administration and the Commissioner of that 

Administration; and 

(ii) shall apply to the NIDILRR and the Director 

of the NIDILRR in the same manner and to the same 

extent as those subsections apply to the Administration 

for Community Living and the Administrator of that 

Administration. 

(o) REFERENCES IN ASSISTIVE TECHNOLOGY ACT OF 1998.— 

(1) SECRETARY.—Section 3(13) of the Assistive Technology 

Act of 1998 (29 U.S.C. 3002(13)) is amended by striking ‘‘Education’’ and inserting ‘‘Health and Human Services’’. 

(2) NATIONAL ACTIVITIES.—Section 6(d)(4) of the Assistive 

Technology Act of 1998 (29 U.S.C. 3005(d)(4)) is amended by 

striking ‘‘Education’’ and inserting ‘‘Health and Human Services’’. 

(3) GENERAL ADMINISTRATION.—Section 7 of the Assistive 

Technology Act of 1998 (29 U.S.C. 3006) is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘the Assistant 

Secretary’’ and all that follows through ‘‘Rehabilitation 

Applicability. 

Applicability. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1699 

Services Administration,’’ and inserting ‘‘the Administrator of the Administration for Community Living’’; 

(ii) in paragraph (2), by striking ‘‘The Assistant 

Secretary’’ and all that follows and inserting ‘‘The 

Administrator of the Administration for Community 

Living shall consult with the Office of Special Education Programs of the Department of Education, the 

Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment 

Policy of the Department of Labor, the National 

Institute on Disability, Independent Living, and 

Rehabilitation Research, and other appropriate Federal 

entities in the administration of this Act.’’; and 

(iii) in paragraph (3), by striking ‘‘the Rehabilitation Services Administration’’ and inserting ‘‘the 

Administrator of the Administration for Community 

Living’’; and 

(B) in subsection (c)(5), by striking ‘‘Education’’ and 

inserting ‘‘Health and Human Services’’. 

SEC. 492. TABLE OF CONTENTS. 

The table of contents in section 1(b) is amended— 

(1) by striking the item relating to section 109 and inserting 

the following: 

‘‘Sec. 109. Training and services for employers.’’; 

(2) by inserting after the item relating to section 112 the 

following: 

‘‘Sec. 113. Provision of pre-employment transition services.’’; 

(3) by striking the item relating to section 202 and inserting 

the following: 

‘‘Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation 

Research.’’; 

(4) by striking the item relating to section 205 and inserting 

the following: 

‘‘Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

‘‘Sec. 206. Definition of covered school.’’; 

(5) by striking the items relating to sections 304, 305, 

and 306 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’. 

(6) by inserting after the item relating to section 509 the 

following: 

‘‘Sec. 511. Limitations on use of subminimum wage.’’; 

(7) by striking the items relating to title VI and inserting 

the following: 

‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES 

‘‘Sec. 601. Short title. 

‘‘Sec. 602. Purpose. 

‘‘Sec. 603. Allotments. 

‘‘Sec. 604. Availability of services. 

‘‘Sec. 605. Eligibility. 

‘‘Sec. 606. State plan. 

Consultation. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1700 PUBLIC LAW 113–128—JULY 22, 2014 

‘‘Sec. 607. Restriction. 

‘‘Sec. 608. Savings provision. 

‘‘Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment 

for Individuals with Disabilities. 

‘‘Sec. 610. Authorization of appropriations.’’; and 

(8) in the items relating to title VII— 

(A)(i) by inserting after the item relating to section 

701 the following: 

‘‘Sec. 701A. Administration of the independent living program.’’; 

and 

(ii) by striking the item relating to section 706 and 

inserting the following: 

‘‘Sec. 706. Responsibilities of the Administrator.’’; 

(B) by inserting after the item relating to section 711 

the following: 

‘‘Sec. 711A. Training and technical assistance.’’; 

and 

(C) by inserting after the item relating to section 751 

the following: 

‘‘Sec. 751A. Training and technical assistance.’’. 

TITLE V—GENERAL PROVISIONS 

Subtitle A—Workforce Investment 

SEC. 501. PRIVACY. 

(a) SECTION 444 OF THE GENERAL EDUCATION PROVISIONS

ACT.—Nothing in this Act (including the amendments made by 

this Act) shall be construed to supersede the privacy protections 

afforded parents and students under section 444 of the General 

Education Provisions Act (20 U.S.C. 1232g). 

(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.— (1) IN GENERAL.—Nothing in this Act (including the amendments made by this Act) shall be construed to permit the 

development of a national database of personally identifiable 

information on individuals receiving services under title I or 

under the amendments made by title IV. 

(2) LIMITATION.—Nothing in paragraph (1) shall be construed to prevent the proper administration of national programs under subtitles C and D of title I, or the amendments 

made by title IV (as the case may be), or to carry out program 

management activities consistent with title I or the amendments made by title IV (as the case may be). 

SEC. 502. BUY-AMERICAN REQUIREMENTS. 

(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds 

made available under title I or II or under the Wagner-Peyser 

Act (29 U.S.C. 49 et seq.) may be expended by an entity unless 

the entity agrees that in expending the funds the entity will comply 

with sections 8301 through 8303 of title 41, United States Code 

(commonly known as the ‘‘Buy American Act’’). 

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— 

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may 

29 USC 3342. 

29 USC 3341. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1701 

be authorized to be purchased with financial assistance provided using funds made available under title I or II or under 

the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense 

of Congress that entities receiving the assistance should, in 

expending the assistance, purchase only American-made equipment and products. 

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 

financial assistance using funds made available under title 

I or II or under the Wagner-Peyser Act, the head of each 

Federal agency shall provide to each recipient of the assistance 

a notice describing the statement made in paragraph (1) by 

Congress. 

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY

LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally 

determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription, 

or any inscription with the same meaning, to any product sold 

in or shipped to the United States that is not made in the United 

States, the person shall be ineligible to receive any contract or 

subcontract made with funds made available under title I or II 

or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pursuant 

to the debarment, suspension, and ineligibility procedures described 

in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant 

to any successor regulations. 

SEC. 503. TRANSITION PROVISIONS. 

(a) WORKFORCE DEVELOPMENT SYSTEMS AND INVESTMENT

ACTIVITIES.—The Secretary of Labor and the Secretary of Education 

shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority 

under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

seq.) to any authority under subtitle A of title I. Such actions 

shall include the provision of guidance related to unified State 

planning, combined State planning, and the performance accountability system described in such subtitle. 

(b) WORKFORCE INVESTMENT ACTIVITIES.—The Secretary of 

Labor shall take such actions as the Secretary determines to be 

appropriate to provide for the orderly transition from any authority 

under the Workforce Investment Act of 1998 to any authority under 

subtitles B through E of title I. 

(c) ADULT EDUCATION AND LITERACY PROGRAMS.—The Secretary 

of Education shall take such actions as the Secretary determines 

to be appropriate to provide for the orderly transition from any 

authority under the Adult Education and Family Literacy Act (20 

U.S.C. 9201 et seq.), as in effect on the day before the date of 

enactment of this Act, to any authority under the Adult Education 

and Family Literacy Act, as amended by this Act. 

(d) EMPLOYMENT SERVICES ACTIVITIES.—The Secretary of Labor 

shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority 

under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as in effect 

on the day before the date of enactment of this Act, to any authority 

under the Wagner-Peyser Act, as amended by this Act. 

(e) VOCATIONAL REHABILITATION PROGRAMS.—The Secretary of 

Education and the Secretary of Health and Human Services shall 

take such actions as the Secretaries determine to be appropriate 

29 USC 3343. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1702 PUBLIC LAW 113–128—JULY 22, 2014 

to provide for the orderly transition from any authority under 

the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as in effect 

on the day before the date of enactment of this Act, to any authority 

under the Rehabilitation Act of 1973, as amended by this Act. 

(f) REGULATIONS.— (1) PROPOSED REGULATIONS.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of Labor, 

the Secretary of Education, and the Secretary of Health and 

Human Services, as appropriate, shall develop and publish 

in the Federal Register proposed regulations relating to the 

transition to, and implementation of, this Act (including the 

amendments made by this Act). 

(2) FINAL REGULATIONS.—Not later than 18 months after 

the date of enactment of this Act, the Secretaries described 

in paragraph (1), as appropriate, shall develop and publish 

in the Federal Register final regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act). 

(g) EXPENDITURE OF FUNDS DURING TRANSITION.— 

(1) IN GENERAL.—Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States, 

grant recipients, administrative entities, and other recipients 

of financial assistance under the Workforce Investment Act 

of 1998 may expend funds received under such Act in order 

to plan and implement programs and activities authorized 

under this Act. 

(2) ADDITIONAL REQUIREMENTS.—Not more than 2 percent 

of any allotment to any State from amounts appropriated under 

the Workforce Investment Act of 1998 for fiscal year 2014 

may be made available to carry out activities authorized under 

paragraph (1) and not less than 50 percent of any amount 

used to carry out activities authorized under paragraph (1) 

shall be made available to local entities for the purposes of 

the activities described in such paragraph. 

SEC. 504. REDUCTION OF REPORTING BURDENS AND REQUIREMENTS. 

In order to simplify reporting requirements and reduce 

reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall 

establish procedures and criteria under which a State board and 

local board may reduce reporting burdens and requirements under 

this Act (including the amendments made by this Act). 

SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND STATE 

DATABASES AND DATA EXCHANGE AGREEMENTS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall prepare and submit an interim report and a final report 

to Congress regarding existing Federal and State databases and 

data exchange agreements, as of the date of the report, that contain 

job training information relevant to the administration of programs 

authorized under this Act and the amendments made by this Act. 

(b) REQUIREMENTS.—The report required under subsection (a) 

shall— 

(1) list existing Federal and State databases and data 

exchange agreements described in subsection (a) and, for each, 

describe— 

(A) the purposes of the database or agreement; 

Procedures. 

Criteria. 

29 USC 3344. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1703 

(B) the data elements, such as wage and employment 

outcomes, contained in the database or accessible under 

the agreement; 

(C) the data elements described in subparagraph (B) 

that are shared between States; 

(D) the Federal and State workforce training programs 

from which each Federal and State database derives the 

data elements described in subparagraph (B); 

(E) the number and type of Federal and State agencies 

having access to such data; 

(F) the number and type of private research organizations having access to, through grants, contracts, or other 

agreements, such data; and 

(G) whether the database or data exchange agreement 

provides for opt-out procedures for individuals whose data 

is shared through the database or data exchange agreement; 

(2) study the effects that access by State workforce agencies 

and the Secretary of Labor to the databases and data exchange 

agreements described in subsection (a) would have on efforts 

to carry out this Act and the amendments made by this Act, 

and on individual privacy; 

(3) explore opportunities to enhance the quality, reliability, 

and reporting frequency of the data included in such databases 

and data exchange agreements; 

(4) describe, for each database or data exchange agreement 

considered by the study described in subsection (a), the number 

of individuals whose data is contained in each database or 

accessible through the data agreement, and the specific data 

elements contained in each that could be used to personally 

identify an individual; 

(5) include the number of data breaches having occurred 

since 2004 to data systems administered by Federal and State 

agencies; 

(6) include the number of data breaches regarding any 

type of personal data having occurred since 2004 to private 

research organizations with whom Federal and State agencies 

contract for studies; and 

(7) include a survey of the security protocols used for protecting personal data, including best practices shared amongst 

States for access to, and administration of, data elements stored 

and recommendations for improving security protocols for the 

safe warehousing of data elements. 

(c) TIMING OF REPORTS.— 

(1) INTERIM REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Comptroller General shall prepare 

and submit to Congress an interim report regarding the initial 

findings of the report required under this section. 

(2) FINAL REPORT.—Not later than 18 months after the 

date of enactment of this Act, the Comptroller General shall 

prepare and submit to Congress the final report required under 

this section. 

SEC. 506. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise provided in this Act, 

this Act, including the amendments made by this Act, shall take 

29 USC 3101 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1704 PUBLIC LAW 113–128—JULY 22, 2014 

effect on the first day of the first full program year after the 

date of enactment of this Act. 

(b) APPLICATION DATE FOR WORKFORCE DEVELOPMENT

PERFORMANCE ACCOUNTABILITY SYSTEM.— (1) IN GENERAL.—Section 136 of the Workforce Investment 

Act of 1998 (29 U.S.C. 2871), as in effect on the day before 

the date of enactment of this Act, shall apply in lieu of section 

116 of this Act, for the first full program year after the date 

of enactment of this Act. 

(2) SPECIAL PROVISIONS.—For purposes of the application 

described in paragraph (1)— 

(A) except as otherwise specified, a reference in section 

136 of the Workforce Investment Act of 1998 to a provision 

in such Act (29 U.S.C. 2801 et seq.), other than to a 

provision in such section or section 112 of such Act, shall 

be deemed to refer to the corresponding provision of this 

Act; 

(B) the terms ‘‘local area’’, ‘‘local board’’, ‘‘one-stop 

partner’’, and ‘‘State board’’ have the meanings given the 

terms in section 3 of this Act; 

(C) except as provided in subparagraph (B), terms used 

in such section 136 shall have the meanings given the 

terms in section 101 of the Workforce Investment Act of 

1998 (29 U.S.C. 2801); 

(D) any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998 

(29 U.S.C. 2871(c)(2)) shall remain in effect, until a new 

agreement is so negotiated and reached, for that first full 

program year; 

(E) if a State or local area fails to meet levels of 

performance under subsection (g) or (h), respectively, of 

section 136 of the Workforce Investment Act of 1998 during 

that first full program year, the sanctions provided under 

such subsection shall apply during the second full program 

year after the date of enactment of this Act; and 

(F) the Secretary shall use an amount retained, as 

a result of a reduction in an allotment to a State made 

under section 136(g)(1)(B) of such Act (29 U.S.C. 

2871(g)(1)(B)), to provide technical assistance as described 

in subsections (f)(1) and (g)(1) of section 116 of this Act, 

in lieu of incentive grants under section 503 of the 

Workforce Investment Act of 1998 (20 U.S.C. 9273) as 

provided in section 136(g)(2) of such Act (29 U.S.C. 

2871(g)(2)). 

(c) APPLICATION DATE FOR STATE AND LOCAL PLAN PROVISIONS.— 

(1) IMPLEMENTATION.—Sections 112 and 118 of the 

Workforce Investment Act of 1998 (29 U.S.C. 2822, 2833), as 

in effect on the day before the date of enactment of this Act, 

shall apply to implementation of State and local plans, in 

lieu of sections 102 and 103, and section 108, respectively, 

of this Act, for the first full program year after the date of 

enactment of this Act. 

(2) SPECIAL PROVISIONS.—For purposes of the application 

described in paragraph (1)— 

(A) except as otherwise specified, a reference in section 

112 or 118 of the Workforce Investment Act of 1998 to 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1705 

a provision in such Act (29 U.S.C. 2801 et seq.), other 

than to a provision in or to either such section or to 

section 136 of such Act, shall be deemed to refer to the 

corresponding provision of this Act; 

(B) the terms ‘‘local area’’, ‘‘local board’’, ‘‘one-stop 

partner’’, and ‘‘State board’’ have the meanings given the 

terms in section 3 of this Act; 

(C) except as provided in subparagraph (B), terms used 

in such section 112 or 118 shall have the meanings given 

the terms in section 101 of the Workforce Investment Act 

of 1998 (29 U.S.C. 2801); and 

(D) section 112(b)(18)(D) of the Workforce Investment 

Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply. 

(3) SUBMISSION.—Sections 102, 103, and 108 of this Act 

shall apply to plans for the second full program year after 

the date of enactment, including the development, submission, 

and approval of such plans during the first full program year 

after such date. 

(d) DISABILITY PROVISIONS.—Except as otherwise provided in 

title IV of this Act, title IV, and the amendments made by title 

IV, shall take effect on the date of enactment of this Act. 

Subtitle B—Amendments to Other Laws 

SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT OF 1998. 

(a) WORKFORCE INVESTMENT ACT OF 1998.—The Workforce 

Investment Act of 1998 (29 U.S.C. 2801 et seq.) is repealed. 

(b) GRANTS TO STATES FOR WORKPLACE AND COMMUNITY

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS.—Section 

821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151) 

is repealed. 

SEC. 512. CONFORMING AMENDMENTS. 

(a) AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT

ACT OF 1998.—Section 414(c)(3)(C) of the American Competitiveness 

and Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) 

is amended by striking ‘‘entities involved in administering the 

workforce investment system established under title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘entities involved 

in administering the workforce development system, as defined 

in section 3 of the Workforce Innovation and Opportunity Act’’. 

(b) ASSISTIVE TECHNOLOGY ACT OF 1998.—The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended as follows: 

(1) Section 3(1)(C) of such Act (29 U.S.C. 3002(1)(C)) is 

amended by striking ‘‘such as a one-stop partner, as defined 

in section 101 of the Workforce Investment Act of 1998 (29 

U.S.C. 2801)’’ and inserting ‘‘such as a one-stop partner, as 

defined in section 3 of the Workforce Innovation and Opportunity Act’’. 

(2) Section 4 of such Act (29 U.S.C. 3003) is amended— 

(A) in subsection (c)(2)(B)(i)(IV), by striking ‘‘a representative of the State workforce investment board established under section 111 of the Workforce Investment Act 

of 1998 (29 U.S.C. 2821)’’ and inserting ‘‘a representative 

of the State workforce development board established under 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1706 PUBLIC LAW 113–128—JULY 22, 2014 

section 101 of the Workforce Innovation and Opportunity 

Act’’; and 

(B) in subsection (e)— 

(i) in paragraph (2)(D)(i), by striking ‘‘such as onestop partners, as defined in section 101 of the 

Workforce Investment Act of 1998 (29 U.S.C. 2801),’’ 

and inserting ‘‘such as one-stop partners, as defined 

in section 3 of the Workforce Innovation and Opportunity Act,’’; and 

(ii) in paragraph (3)(B)(ii)(I)(aa), by striking ‘‘with 

entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’ and 

inserting ‘‘with entities in the statewide and local 

workforce development systems established under the 

Workforce Innovation and Opportunity Act,’’. 

(c) ALASKA NATURAL GAS PIPELINE ACT.—Section 113(a)(2) of 

the Alaska Natural Gas Pipeline Act (15 U.S.C. 720k(a)(2)) is 

amended by striking ‘‘consistent with the vision and goals set forth 

in the State of Alaska Unified Plan, as developed pursuant to 

the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ 

and inserting ‘‘consistent with the vision and goals set forth in 

the State of Alaska unified plan or combined plan, as appropriate, 

as developed pursuant to section 102 or 103, as appropriate, of 

the Workforce Innovation and Opportunity Act’’. 

(d) ATOMIC ENERGY DEFENSE ACT.—Section 4604(c)(6)(A) of 

the Atomic Energy Defense Act (50 U.S.C. 2704(c)(6)(A)) is amended 

by striking ‘‘programs carried out by the Secretary of Labor under 

the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘programs 

carried out by the Secretary of Labor under title I of the Workforce 

Innovation and Opportunity Act’’. 

(e) CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT

OF 2006.—The Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: 

(1) Section 118(d)(2) of such Act (20 U.S.C. 2328(d)(2)) 

is amended— 

(A) in the paragraph heading, by striking ‘‘PUBLIC LAW

105–220’’ and inserting ‘‘WORKFORCE INNOVATION AND

OPPORTUNITY ACT’’; and 

(B) by striking ‘‘functions and activities carried out 

under Public Law 105–220’’ and inserting ‘‘functions and 

activities carried out under the Workforce Innovation and 

Opportunity Act’’. 

(2) Section 121(a)(4) of such Act (20 U.S.C. 2341(a)(4)) 

is amended— 

(A) in subparagraph (A), by striking ‘‘activities undertaken by the State boards under section 111 of Public 

Law 105–220’’ and inserting ‘‘activities undertaken by the 

State boards under section 101 of the Workforce Innovation 

and Opportunity Act’’; and 

(B) in subparagraph (B), by striking ‘‘the service 

delivery system under section 121 of Public Law 105– 

220’’ and inserting ‘‘the one-stop delivery system under 

section 121 of the Workforce Innovation and Opportunity 

Act’’. 

(3) Section 122 of such Act (20 U.S.C. 2342) is amended— 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1707 

(A) in subsection (b)(1)(A)(viii), by striking ‘‘entities 

participating in activities described in section 111 of Public 

Law 105–220’’ and inserting ‘‘entities participating in 

activities described in section 101 of the Workforce Innovation and Opportunity Act’’; 

(B) in subsection (c)(20), by striking ‘‘the description 

and information specified in sections 112(b)(8) and 121(c) 

of Public Law 105–220 concerning the provision of services 

only for postsecondary students and school dropouts’’ and 

inserting ‘‘the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as 

appropriate, section 103(b)(3)(A), and section 121(c), of the 

Workforce Innovation and Opportunity Act concerning the 

provision of services only for postsecondary students and 

school dropouts’’; and 

(C) in subsection (d)(2)— 

(i) in the paragraph heading, by striking ‘‘501 PLAN’’ 

and inserting ‘‘COMBINED PLAN’’; and 

(ii) by striking ‘‘as part of the plan submitted under 

section 501 of Public Law 105–220’’ and inserting ‘‘as 

part of the plan submitted under section 103 of the 

Workforce Innovation and Opportunity Act’’. 

(4) Section 124(c)(13) of such Act (20 U.S.C. 2344(c)(13)) 

is amended by striking ‘‘such as through referral to the system 

established under section 121 of Public Law 105–220’’ and 

inserting ‘‘such as through referral to the system established 

under section 121 of the Workforce Innovation and Opportunity 

Act’’. 

(5) Section 134(b)(5) of such Act (20 U.S.C. 2354(b)(5)) 

is amended by striking ‘‘entities participating in activities 

described in section 117 of Public Law 105–220 (if applicable)’’ 

and inserting ‘‘entities participating in activities described in 

section 107 of the Workforce Innovation and Opportunity Act 

(if applicable)’’. 

(6) Section 135(c)(16) of such Act (20 U.S.C. 2355(c)(16)) 

is amended by striking ‘‘such as through referral to the system 

established under section 121 of Public Law 105–220 (29 U.S.C. 

2801 et seq.)’’ and inserting ‘‘such as through referral to the 

system established under section 121 of the Workforce Innovation and Opportunity Act’’. 

(7) Section 321(b)(1) of such Act (20 U.S.C. 2411(b)(1)) 

is amended by striking ‘‘Chapters 4 and 5 of subtitle B of 

title I of Public Law 105–220’’ and inserting ‘‘Chapters 2 and 

3 of subtitle B of title I of the Workforce Innovation and 

Opportunity Act’’. 

(f) COMMUNITY SERVICES BLOCK GRANT ACT.—Section 676(b)(5) 

of the Community Services Block Grant Act (42 U.S.C. 9908(b)(5)) 

is amended by striking ‘‘the eligible entities will coordinate the 

provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities 

providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998’’ and 

inserting ‘‘the eligible entities will coordinate the provision of 

employment and training activities, as defined in section 3 of the 

Workforce Innovation and Opportunity Act, in the State and in 

communities with entities providing activities through statewide 

and local workforce development systems under such Act’’. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1708 PUBLIC LAW 113–128—JULY 22, 2014 

(g) COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF

2003.—The Compact of Free Association Amendments Act of 2003 

(48 U.S.C. 1921 et seq.) is amended as follows: 

(1) Section 105(f)(1)(B)(iii) of such Act (48 U.S.C. 

1921d(f)(1)(B)(iii)) is amended by striking ‘‘title I of the 

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), 

other than subtitle C of that Act (29 U.S.C. 2881 et seq.) 

(Job Corps), title II of the Workforce Investment Act of 1998 

(20 U.S.C. 9201 et seq.; commonly known as the Adult Education and Family Literacy Act),’’ and inserting ‘‘titles I (other 

than subtitle C) and II of the Workforce Innovation and Opportunity Act,’’. 

(2) Section 108(a) of such Act (48 U.S.C. 1921g(a)) is 

amended by striking ‘‘subtitle C of title I of the Workforce 

Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to 

Job Corps)’’ and inserting ‘‘subtitle C of title I of the Workforce 

Innovation and Opportunity Act (relating to Job Corps)’’. 

(h) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—Section 

103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 

4953(d)) is amended by striking ‘‘employment.’’ and all that follows 

and inserting the following: ‘‘employment. Whenever feasible, such 

efforts shall be coordinated with an appropriate local workforce 

development board established under section 107 of the Workforce 

Innovation and Opportunity Act.’’. 

(i) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.— 

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.) is amended as follows: 

(1) Section 1203(c)(2)(A) of such Act (20 U.S.C. 

6363(c)(2)(A)) is amended— 

(A) by striking ‘‘, in consultation with the National 

Institute for Literacy,’’; and 

(B) by striking clause (ii); and 

(C) by redesignating clauses (iii) and (iv) as clauses 

(ii) and (iii), respectively. 

(2) Section 1235(9)(B) of such Act (20 U.S.C. 6381d(9)(B)) 

is amended by striking ‘‘any relevant programs under the Adult 

Education and Family Literacy Act, the Individuals with 

Disabilities Education Act, and title I of the Workforce Investment Act of 1998’’ and inserting ‘‘any relevant programs under 

the Adult Education and Family Literacy Act, the Individuals 

with Disabilities Education Act, and title I of the Workforce 

Innovation and Opportunity Act’’. 

(3) Section 1423(9) of such Act (20 U.S.C. 6453(9)) is 

amended by striking ‘‘a description of how the program under 

this subpart will be coordinated with other Federal, State, 

and local programs, such as programs under title I of Public 

Law 105–220’’ and inserting ‘‘a description of how the program 

under this subpart will be coordinated with other Federal, 

State, and local programs, such as programs under title I 

of the Workforce Innovation and Opportunity Act’’. 

(4) Section 1425(9) of such Act (20 U.S.C. 6455(9)) is 

amended by striking ‘‘coordinate funds received under this subpart with other local, State, and Federal funds available to 

provide services to participating children and youth, such as 

funds made available under title I of Public Law 105–220,’’ 

and inserting ‘‘coordinate funds received under this subpart 

with other local, State, and Federal funds available to provide 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1709 

services to participating children and youth, such as funds 

made available under title I of the Workforce Innovation and 

Opportunity Act,’’. 

(5) Section 7202(13)(H) of such Act (20 U.S.C. 7512(13)(H)) 

is amended by striking ‘‘the Workforce Investment Act of 1998 

(29 U.S.C. 2801 et seq.)’’ and inserting ‘‘the Workforce Innovation and Opportunity Act’’. 

(j) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984.—Section 2(a) of the Environmental Programs Assistance Act of 1984 

(42 U.S.C. 4368a(a)) is amended by striking ‘‘Funding for such 

grants or agreements may be made available from such programs 

or through title V of the Older Americans Act of 1965 and subtitle 

D of title I of the Workforce Investment Act of 1998’’ and inserting 

‘‘Funding for such grants or agreements may be made available 

from such programs or through title V of the Older Americans 

Act of 1965 and subtitle D of title I of the Workforce Innovation 

and Opportunity Act’’. 

(k) ENERGY CONSERVATION AND PRODUCTION ACT.—Section 

414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 

6864(b)(3)) is amended by striking ‘‘securing, to the maximum 

extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title 

I of the Workforce Investment Act of 1998’’ and inserting ‘‘securing, 

to the maximum extent practicable, the services of volunteers and 

training participants and public service employment workers, 

pursuant to title I of the Workforce Innovation and Opportunity 

Act’’. 

(l) FOOD AND NUTRITION ACT OF 2008.—The Food and Nutrition 

Act of 2008 (7 U.S.C. 2011 et seq.) is amended as follows: 

(1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is amended 

by striking ‘‘Notwithstanding section 181(a)(2) of the Workforce 

Investment Act of 1998, earnings to individuals participating 

in on-the-job-training under title I of the Workforce Investment 

Act of 1998’’ and inserting ‘‘Notwithstanding section 181(a)(2) 

of the Workforce Innovation and Opportunity Act, earnings 

to individuals participating in on-the-job training under title 

I of such Act’’. 

(2) Section 6 of such Act (7 U.S.C. 2015) is amended— 

(A) in subsection (d)(4)(M), by striking ‘‘activities under 

title I of the Workforce Investment Act of 1998’’ and 

inserting ‘‘activities under title I of the Workforce Innovation and Opportunity Act’’; 

(B) in subsection (e)(3)(A), by striking ‘‘a program 

under title I of the Workforce Investment Act of 1998’’ 

and inserting ‘‘a program under title I of the Workforce 

Innovation and Opportunity Act’’; and 

(C) in subsection (o)(1)(A), by striking ‘‘a program 

under the title I of the Workforce Investment Act of 1998’’ 

and inserting ‘‘a program under title I of the Workforce 

Innovation and Opportunity Act’’. 

(3) Section 17(b)(2) of such Act (7 U.S.C. 2026(b)(2)) is 

amended by striking ‘‘a program carried out under title I of 

the Workforce Investment Act of 1998’’ and inserting ‘‘a program carried out under title I of the Workforce Innovation 

and Opportunity Act’’. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1710 PUBLIC LAW 113–128—JULY 22, 2014 

(m) FULL EMPLOYMENT AND BALANCED GROWTH ACT OF 1978.— 

Section 206 of the Full Employment and Balanced Growth Act 

of 1978 (15 U.S.C. 3116) is amended— 

(1) in subsection (b), in the matter preceding paragraph 

(1), by striking ‘‘the Secretary of Labor shall, as appropriate, 

fully utilize the authority provided under the Job Training 

Partnership Act and title I of the Workforce Investment Act 

of 1998’’ and inserting ‘‘the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the 

Workforce Innovation and Opportunity Act’’; and 

(2) in subsection (c)(1), by striking ‘‘the President shall, 

as may be authorized by law, establish reservoirs of public 

employment and private nonprofit employment projects, to be 

approved by the Secretary of Labor, through expansion of title 

I of the Workforce Investment Act of 1998’’ and inserting ‘‘the 

President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment 

projects, to be approved by the Secretary of Labor, through 

expansion of activities under title I of the Workforce Innovation 

and Opportunity Act’’. 

(n) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: 

(1) Section 418A of such Act (20 U.S.C. 1070d–2) is 

amended— 

(A) in subsection (b)(1)(B)(ii), by striking ‘‘section 167 

of the Workforce Investment Act of 1998’’ and inserting 

‘‘section 167 of the Workforce Innovation and Opportunity 

Act’’; and 

(B) in subsection (c)(1)(A), by striking ‘‘section 167 

of the Workforce Investment Act of 1998’’ and inserting 

‘‘section 167 of the Workforce Innovation and Opportunity 

Act’’. 

(2) Section 479(d)(1) of such Act (20 U.S.C. 1087ss(d)(1)) 

is amended by striking ‘‘The term ‘dislocated worker’ has the 

meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)’’ and inserting ‘‘The term 

‘dislocated worker’ has the meaning given the term in section 

3 of the Workforce Innovation and Opportunity Act’’. 

(3) Section 479A(a) of such Act (20 U.S.C. 1087tt(a)) is 

amended by striking ‘‘a dislocated worker (as defined in section 

101 of the Workforce Investment Act of 1998)’’ and inserting 

‘‘a dislocated worker (as defined in section 3 of the Workforce 

Innovation and Opportunity Act)’’. 

(4) Section 480(b)(1)(I) of such Act (20 U.S.C. 

1087vv(b)(1)(I)) is amended by striking ‘‘benefits received 

through participation in employment and training activities 

under title I of the Workforce Investment Act of 1998 (29 

U.S.C. 2801 et seq.)’’ and inserting ‘‘benefits received through 

participation in employment and training activities under title 

I of the Workforce Innovation and Opportunity Act’’. 

(5) Section 803 of such Act (20 U.S.C. 1161c) is amended— 

(A) in subsection (i)(1), by striking ‘‘for changes to 

this Act and related Acts, such as the Carl D. Perkins 

Career and Technical Education Act of 2006 and the 

Workforce Investment Act of 1998 (including titles I and 

II), to help create and sustain business and industry 

workforce partnerships at institutions of higher education’’ 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1711 

and inserting ‘‘for changes to this Act and related Acts, 

such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and 

Opportunity Act (including titles I and II), to help create 

and sustain business and industry workforce partnerships 

at institutions of higher education’’; and 

(B) in subsection (j)(1)— 

(i) in subparagraph (A)(ii), by striking ‘‘local board 

(as such term is defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting 

‘‘local board (as such term is defined in section 3 of 

the Workforce Innovation and Opportunity Act)’’; and 

(ii) in subparagraph (B), by striking ‘‘a State board 

(as such term is defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting 

‘‘a State board (as such term is defined in section 

3 of the Workforce Innovation and Opportunity Act)’’. 

(6) Section 861(c)(1)(B) of such Act (20 U.S.C. 

1161q(c)(1)(B)) is amended by striking ‘‘local boards (as such 

term is defined in section 101 of the Workforce Investment 

Act of 1998 (29 U.S.C. 2801))’’ and inserting ‘‘local boards 

(as such term is defined in section 3 of the Workforce Innovation 

and Opportunity Act)’’. 

(7) Section 872(b)(2)(E) of such Act (20 U.S.C. 

1161s(b)(2)(E)) is amended by striking ‘‘local boards (as defined 

in section 101 of the Workforce Investment Act of 1998 (29 

U.S.C. 2801))’’ and inserting ‘‘local boards (as defined in section 

3 of the Workforce Innovation and Opportunity Act)’’. 

(o) HOUSING ACT OF 1949.—Section 504(c)(3) of the Housing 

Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking ‘‘an 

insufficient number of volunteers and training participants and 

public service employment workers, assisted pursuant to title I 

of the Workforce Investment Act of 1998 or the Older American 

Community Service Employment Act,’’ and inserting ‘‘an insufficient 

number of volunteers and training participants and public service 

employment workers, assisted pursuant to title I of the Workforce 

Innovation and Opportunity Act or the Community Service Senior 

Opportunities Act,’’. 

(p) HOUSING AND URBAN DEVELOPMENT ACT OF 1968.—Section 

3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 

1701u) is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)(B)(iii), by striking ‘‘participants 

in YouthBuild programs receiving assistance under section 

173A of the Workforce Investment Act of 1998’’ and 

inserting ‘‘participants in YouthBuild programs receiving 

assistance under section 171 of the Workforce Innovation 

and Opportunity Act’’; and 

(B) in paragraph (2)(B), by striking ‘‘participants in 

YouthBuild programs receiving assistance under section 

173A of the Workforce Investment Act of 1998’’ and 

inserting ‘‘participants in YouthBuild programs receiving 

assistance under section 171 of the Workforce Innovation 

and Opportunity Act’’; and 

(2) in subsection (d)— 

(A) in paragraph (1)(B)(iii), by striking ‘‘To YouthBuild 

programs receiving assistance under section 173A of the 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1712 PUBLIC LAW 113–128—JULY 22, 2014 

Workforce Investment Act of 1998’’ and inserting ‘‘To 

YouthBuild programs receiving assistance under section 

171 of the Workforce Innovation and Opportunity Act’’; 

and 

(B) in paragraph (2)(B), by striking ‘‘to YouthBuild 

programs receiving assistance under section 173A of the 

Workforce Investment Act of 1998’’ and inserting ‘‘to 

YouthBuild programs receiving assistance under section 

171 of the Workforce Innovation and Opportunity Act’’. 

(q) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(F) 

of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) 

is amended by striking ‘‘Title I of the Workforce Investment Act 

of 1998’’ and inserting ‘‘Title I of the Workforce Innovation and 

Opportunity Act’’. 

(r) INTERNAL REVENUE CODE OF 1986.—Section 7527(e)(2) of 

the Internal Revenue Code of 1986 is amended by inserting ‘‘(as 

in effect on the day before the date of enactment of the Workforce 

Innovation and Opportunity Act)’’ after ‘‘of 1998’’. 

(s) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—Section 

103(c)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11302(c)(2)) is amended by striking ‘‘a homeless individual shall 

be eligible for assistance under title I of the Workforce Investment 

Act of 1998’’ and inserting ‘‘a homeless individual shall be eligible 

for assistance under title I of the Workforce Innovation and Opportunity Act’’. 

(t) MUSEUM AND LIBRARY SERVICES ACT.—The Museum and 

Library Services Act (20 U.S.C. 9101 et seq.) is amended as follows: 

(1) Section 204(f)(3) of such Act (20 U.S.C. 9103(f)(3)) is 

amended by striking ‘‘activities under the Workforce Investment 

Act of 1998 (29 U.S.C. 2801 et seq.) (including activities under 

section 134(c) of such Act) (29 U.S.C. 2864(c))’’ and inserting 

‘‘activities under the Workforce Innovation and Opportunity 

Act (including activities under section 121(e) of such Act))’’. 

(2) Section 224(b)(6)(C) of such Act (20 U.S.C. 9134(b)(6)(C)) 

is amended— 

(A) in clause (i), by striking ‘‘the activities carried 

out by the State workforce investment board under section 

111(d) of the Workforce Investment Act of 1998 (29 U.S.C. 

2821(d))’’ and inserting ‘‘the activities carried out by the 

State workforce development board under section 101 of 

the Workforce Innovation and Opportunity Act’’; and 

(B) in clause (ii), by striking ‘‘the State’s one-stop 

delivery system established under section 134(c) of such 

Act (29 U.S.C. 2864(c))’’ and inserting ‘‘the State’s onestop delivery system established under section 121(e) of 

such Act’’. 

(u) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—The 

National and Community Service Act of 1990 (42 U.S.C. 12501 

et seq.) is amended as follows: 

(1) Section 112(a)(3)(B) of such Act (42 U.S.C. 

12523(a)(3)(B)) is amended by striking ‘‘or who may participate 

in a Youthbuild program under section 173A of the Workforce 

Investment Act of 1998 (29 U.S.C. 2918a)’’ and inserting ‘‘or 

who may participate in a Youthbuild program under section 

171 of the Workforce Innovation and Opportunity Act’’. 

(2) Section 199L(a) of such Act (42 U.S.C. 12655m(a)) is 

amended by striking ‘‘coordinated with activities supported with 

26 USC 7527. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1713 

assistance made available under programs administered by 

the heads of such agencies (including title I of the Workforce 

Investment Act of 1998)’’ and inserting ‘‘coordinated with activities supported with assistance made available under programs 

administered by the heads of such agencies (including title 

I of the Workforce Innovation and Opportunity Act)’’. 

(v) NATIONAL ENERGY CONSERVATION POLICY ACT.—Section 233 

of the National Energy Conservation and Policy Act (42 U.S.C. 

6873) is amended, in the matter preceding paragraph (1), by striking 

‘‘a sufficient number of volunteers and training participants and 

public service employment workers, assisted pursuant to title I 

of the Workforce Investment Act of 1998 and the Older American 

Community Service Employment Act’’ and inserting ‘‘a sufficient 

number of volunteers and training participants and public service 

employment workers, assisted pursuant to title I of the Workforce 

Innovation and Opportunity Act and the Community Service Senior 

Opportunities Act’’. 

(w) OLDER AMERICANS ACT OF 1965.—The Older Americans 

Act of 1965 (42 U.S.C. 3001 et seq.) is amended as follows: 

(1) Section 203 of such Act (42 U.S.C. 3013) is amended— 

(A) in subsection (a)(2), by striking ‘‘In particular, the 

Secretary of Labor shall consult and cooperate with the 

Assistant Secretary in carrying out title I of the Workforce 

Investment Act of 1998’’ and inserting ‘‘In particular, the 

Secretary of Labor shall consult and cooperate with the 

Assistant Secretary in carrying out title I of the Workforce 

Innovation and Opportunity Act’’; and 

(B) in subsection (b)(1), by striking ‘‘title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘title 

I of the Workforce Innovation and Opportunity Act’’. 

(2) Section 321(a)(12) of such Act (42 U.S.C. 3030d(a)(12)) 

is amended by striking ‘‘including programs carried out under 

the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ 

and inserting ‘‘including programs carried out under the 

Workforce Innovation and Opportunity Act’’. 

(3) Section 502 of such Act (42 U.S.C. 3056) is amended— 

(A) in subsection (b)— 

(i) in paragraph (1)— 

(I) in subparagraph (H), by striking ‘‘will 

coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including 

utilizing the one-stop delivery system of the local 

workforce investment areas involved’’ and 

inserting ‘‘will coordinate activities with training 

and other services provided under title I of the 

Workforce Innovation and Opportunity Act, 

including utilizing the one-stop delivery system 

of the local workforce development areas involved’’; 

(II) in subparagraph (O)— 

(aa) by striking ‘‘through the one-stop 

delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act 

of 1998 (29 U.S.C. 2864(c)),’’ and inserting 

‘‘through the one-stop delivery system of the 

local workforce development areas involved as 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1714 PUBLIC LAW 113–128—JULY 22, 2014 

established under section 121(e) of the 

Workforce Innovation and Opportunity Act,’’; 

and 

(bb) by striking ‘‘and will be involved in 

the planning and operations of such system 

pursuant to a memorandum of understanding 

with the local workforce investment board in 

accordance with section 121(c) of such Act (29 

U.S.C. 2841(c))’’ and inserting ‘‘and will be 

involved in the planning and operations of 

such system pursuant to a memorandum of 

understanding with the local workforce 

development board in accordance with section 

121(c) of such Act’’; and 

(III) in subparagraph (Q)— 

(aa) in clause (i), by striking ‘‘paragraph 

(8), relating to coordination with other Federal 

programs, of section 112(b) of the Workforce 

Investment Act of 1998 (29 U.S.C. 2822(b))’’ 

and inserting ‘‘clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with 

other Federal programs, of section 102(b) of 

the Workforce Innovation and Opportunity 

Act’’; and 

(bb) in clause (ii), by striking ‘‘paragraph 

(14), relating to implementation of one-stop 

delivery systems, of section 112(b) of the 

Workforce Investment Act of 1998’’ and 

inserting ‘‘paragraph (2)(C)(i), relating to 

implementation of one-stop delivery systems, 

of section 102(b) of the Workforce Innovation 

and Opportunity Act’’; and 

(ii) in paragraph (3)— 

(I) in subparagraph (A), by striking ‘‘An 

assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle 

B of title I of the Workforce Investment Act of 

1998 (29 U.S.C. 2811 et seq.), in order to determine 

whether such eligible individual also qualifies for 

intensive or training services described in section 

134(d) of such Act (29 U.S.C. 2864(d)).’’ and 

inserting ‘‘An assessment and service strategy 

required by paragraph (1)(N) to be prepared for 

an eligible individual shall satisfy any condition 

for an assessment and service strategy or individual employment plan for an adult participant 

under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine 

whether such eligible individual also qualifies for 

career or training services described in section 

134(c) of such Act.’’; and 

(II) in subparagraph (B)— 

(aa) in the subparagraph heading, by 

striking ‘‘WORKFORCE INVESTMENT ACT OF 1998’’ 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1715 

and inserting ‘‘WORKFORCE INNOVATION AND

OPPORTUNITY ACT’’; and 

(bb) by striking ‘‘An assessment and 

service strategy or individual employment 

plan prepared under subtitle B of title I of 

the Workforce Investment Act of 1998 (29 

U.S.C. 2811 et seq.)’’ and inserting ‘‘An assessment and service strategy or individual 

employment plan prepared under subtitle B 

of title I of the Workforce Innovation and 

Opportunity Act’’; and 

(B) in subsection (e)(2)(B)(ii), by striking ‘‘one-stop 

delivery systems established under title I of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and 

inserting ‘‘one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity 

Act’’. 

(4) Section 503 of such Act (42 U.S.C. 3056a) is amended— 

(A) in subsection (a)— 

(i) in paragraph (2)(A), by striking ‘‘the State and 

local workforce investment boards established under 

title I of the Workforce Investment Act of 1998 (29 

U.S.C. 2801 et seq.)’’ and inserting ‘‘the State and 

local workforce development boards established under 

title I of the Workforce Innovation and Opportunity 

Act’’; and 

(ii) in paragraph (4)(F), by striking ‘‘plans for facilitating the coordination of activities of grantees in the 

State under this title with activities carried out in 

the State under title I of the Workforce Investment 

Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting 

‘‘plans for facilitating the coordination of activities of 

grantees in the State under this title with activities 

carried out in the State under title I of the Workforce 

Innovation and Opportunity Act’’; and 

(B) in subsection (b)(2)(A), by striking ‘‘with the program carried out under the Workforce Investment Act of 

1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘with the 

program carried out under the Workforce Innovation and 

Opportunity Act’’. 

(5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of such Act 

is amended by striking ‘‘activities carried out under other Acts, 

especially activities provided under the Workforce Investment 

Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)),’’ and inserting 

‘‘activities carried out under other Acts, especially activities 

provided under the Workforce Innovation and Opportunity Act, 

including activities provided through one-stop delivery systems 

established under section 121(e) of such Act,’’. 

(6) Section 510 of such Act (42 U.S.C. 3056h) is amended— 

(A) by striking ‘‘by local workforce investment boards 

and one-stop operators established under title I of the 

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ 

and inserting ‘‘by local workforce development boards and 

one-stop operators established under title I of the Workforce 

Innovation and Opportunity Act’’; and 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1716 PUBLIC LAW 113–128—JULY 22, 2014 

(B) by striking ‘‘such title I’’ and inserting ‘‘such title’’. 

(7) Section 511 of such Act (42 U.S.C. 3056i) is amended— 

(A) in subsection (a), by striking ‘‘Grantees under this 

title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce 

Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the onestop delivery system established under section 134(c) of 

such Act (29 U.S.C. 2864(c)) for the appropriate local 

workforce investment areas’’ and inserting ‘‘Grantees under 

this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce 

Innovation and Opportunity Act in the one-stop delivery 

system established under section 121(e) of such Act for 

the appropriate local workforce development areas’’; and 

(B) in subsection (b)(2), by striking ‘‘be signatories 

of the memorandum of understanding established under 

section 121(c) of the Workforce Investment Act of 1998 

(29 U.S.C. 2841(c))’’ and inserting ‘‘be signatories of the 

memorandum of understanding established under section 

121(c) of the Workforce Innovation and Opportunity Act’’. 

(8) Section 518(b)(2)(F) of such Act (42 U.S.C. 

3056p(b)(2)(F)) is amended by striking ‘‘has failed to find 

employment after utilizing services provided under title I of 

the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ 

and inserting ‘‘has failed to find employment after utilizing 

services provided under title I of the Workforce Innovation 

and Opportunity Act’’. 

(x) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.—Section 403(c)(2)(K) of the Personal 

Responsibility and Work Opportunity Reconciliation Act of 1996 

(8 U.S.C. 1613(c)(2)(K)) is amended by striking ‘‘Benefits under 

the title I of the Workforce Investment Act of 1998’’ and inserting 

‘‘Benefits under title I of the Workforce Innovation and Opportunity 

Act’’. 

(y) PATIENT PROTECTION AND AFFORDABLE CARE ACT.—Section 

5101(d)(3)(D) of the Patient Protection and Affordable Care Act 

(42 U.S.C. 294q(d)(3)(D)) is amended by striking ‘‘other health care 

workforce programs, including those supported through the 

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’ and 

inserting ‘‘other health care workforce programs, including those 

supported through the Workforce Innovation and Opportunity Act,’’. 

(z) PUBLIC HEALTH SERVICE ACT.—The Public Health Service 

Act (42 U.S.C. 201 et seq.) is amended as follows: 

(1) Section 399V(e) of such Act (42 U.S.C. 280g–11(e)) is 

amended by striking ‘‘one-stop delivery systems under section 

134(c) of the Workforce Investment Act of 1998’’ and inserting 

‘‘one-stop delivery systems under section 121(e) of the Workforce 

Innovation and Opportunity Act’’. 

(2) Section 751(c)(1)(A) of such Act (42 U.S.C. 294a(c)(1)(A)) 

is amended by striking ‘‘the applicable one-stop delivery system 

under section 134(c) of the Workforce Investment Act of 1998,’’ 

and inserting ‘‘the applicable one-stop delivery system under 

section 121(e) of the Workforce Innovation and Opportunity 

Act,’’. 

(3) Section 799B(23) of such Act (42 U.S.C. 295p(23)) is 

amended by striking ‘‘one-stop delivery system described in 

section 134(c) of the Workforce Investment Act of 1998 (29 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1717 

U.S.C. 2864(c))’’ and inserting ‘‘one-stop delivery system 

described in section 121(e) of the Workforce Innovation and 

Opportunity Act’’. 

(aa) RUNAWAY AND HOMELESS YOUTH ACT.—Section 322(a)(7) 

of the Runaway and Homeless Youth Act (42 U.S.C. 5714–2(a)(7)) 

is amended by striking ‘‘(including services and programs for youth 

available under the Workforce Investment Act of 1998)’’ and 

inserting ‘‘(including services and programs for youth available 

under the Workforce Innovation and Opportunity Act)’’. 

(bb) SECOND CHANCE ACT OF 2007.—The Second Chance Act 

of 2007 (42 U.S.C. 17501 et seq.) is amended as follows: 

(1) Section 212 of such Act (42 U.S.C. 17532) is amended— 

(A) in subsection (c)(1)(B), by striking ‘‘in coordination 

with the one-stop partners and one-stop operators (as such 

terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide services 

at any center operated under a one-stop delivery system 

established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),’’ and inserting ‘‘in 

coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce 

Innovation and Opportunity Act) that provide services at 

any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation 

and Opportunity Act,’’; and 

(B) in subsection (d)(1)(B)(iii), by striking ‘‘the local 

workforce investment boards established under section 117 

of the Workforce Investment Act of 1998 (29 U.S.C. 2832)),’’ 

and inserting ‘‘the local workforce development boards 

established under section 107 of the Workforce Innovation 

and Opportunity Act,’’. 

(2) Section 231(e) of such Act (42 U.S.C. 17541(e)) is 

amended by striking ‘‘the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801)) that provide services 

at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act 

of 1998 (29 U.S.C. 2864(c))’’ and inserting ‘‘the one-stop partners 

and one-stop operators (as such terms are defined in section 

3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery 

system established under section 121(e) of the Workforce 

Innovation and Opportunity Act’’. 

(cc) SMALL BUSINESS ACT.—Section 7(j)(13)(E) of the Small 

Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ‘‘an 

institution eligible to provide skills training or upgrading under 

title I of the Workforce Investment Act of 1998’’ and inserting 

‘‘an institution eligible to provide skills training or upgrading under 

title I of the Workforce Innovation and Opportunity Act’’. 

(dd) SOCIAL SECURITY ACT.—The Social Security Act (42 U.S.C. 

301 et seq.) is amended as follows: 

(1) Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5)) is 

amended— 

(A) in subparagraph (A)(vii)(I), by striking ‘‘chief 

elected official (as defined in section 101 of the Workforce 

Investment Act of 1998)’’ and inserting ‘‘chief elected official 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1718 PUBLIC LAW 113–128—JULY 22, 2014 

(as defined in section 3 of the Workforce Innovation and 

Opportunity Act)’’; and 

(B) in subparagraph (D)(ii), by striking ‘‘local workforce 

investment board established for the service delivery area 

pursuant to title I of the Workforce Investment Act of 

1998, as appropriate’’ and inserting ‘‘local workforce 

development board established for the local workforce 

development area pursuant to title I of the Workforce 

Innovation and Opportunity Act, as appropriate’’. 

(2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 1320b– 

19(f)(1)(B)) is amended by striking ‘‘a one-stop delivery system 

established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)’’ and inserting ‘‘a 

one-stop delivery system established under section 121(e) of 

the Workforce Innovation and Opportunity Act’’. 

(3) Section 1149(a)(3) of such Act (42 U.S.C. 1320b–20(a)(3)) 

is amended by striking ‘‘a one-stop delivery system established 

under subtitle B of title I of the Workforce Investment Act 

of 1998 (29 U.S.C. 2811 et seq.)’’ and inserting ‘‘a one-stop 

delivery system established under section 121(e) of the 

Workforce Innovation and Opportunity Act’’. 

(4) Section 2008(a) of such Act (42 U.S.C. 1397g(a)) is 

amended— 

(A) in paragraph (2)(B), by striking ‘‘the State 

workforce investment board established under section 111 

of the Workforce Investment Act of 1998’’ and inserting 

‘‘the State workforce development board established under 

section 101 of the Workforce Innovation and Opportunity 

Act’’; and 

(B) in paragraph (4)(A), by striking ‘‘a local workforce 

investment board established under section 117 of the 

Workforce Investment Act of 1998,’’ and inserting ‘‘a local 

workforce development board established under section 107 

of the Workforce Innovation and Opportunity Act,’’. 

(ee) TITLE 18 OF THE UNITED STATES CODE.—Section 665 of 

title 18 of the United States Code is amended— 

(1) in subsection (a), by striking ‘‘Whoever, being an officer, 

director, agent, or employee of, or connected in any capacity 

with any agency or organization receiving financial assistance 

or any funds under the Job Training Partnership Act or title 

I of the Workforce Investment Act of 1998’’ and inserting ‘‘Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization 

receiving financial assistance or any funds under title I of 

the Workforce Innovation and Opportunity Act or title I of 

the Workforce Investment Act of 1998’’; 

(2) in subsection (b), by striking ‘‘a contract of employment 

in connection with a financial assistance agreement or contract 

under the Job Training Partnership Act or title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘a contract 

of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation 

and Opportunity Act or title I of the Workforce Investment 

Act of 1998’’; and 

(3) in subsection (c), by striking ‘‘Whoever willfully 

obstructs or impedes or willfully endeavors to obstruct or 

impede, an investigation or inquiry under the Job Training 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1719 

Partnership Act or title I of the Workforce Investment Act 

of 1998,’’ and inserting ‘‘Whoever willfully obstructs or impedes 

or willfully endeavors to obstruct or impede, an investigation 

or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998,’’. 

(ff) TITLE 31 OF THE UNITED STATES CODE.—Section 6703(a)(4) 

of title 31 of the United States Code is amended by striking ‘‘Programs under title I of the Workforce Investment Act of 1998.’’ 

and inserting ‘‘Programs under title I of the Workforce Innovation 

and Opportunity Act.’’. 

(gg) TITLE 38 OF THE UNITED STATES CODE.—Title 38 of the 

United States Code is amended as follows: 

(1) Section 4101(9) of title 38 of the United States Code 

is amended by striking ‘‘The term ‘intensive services’ means 

local employment and training services of the type described 

in section 134(d)(3) of the Workforce Investment Act of 1998’’ 

and inserting ‘‘The term ‘career services’ means local employment and training services of the type described in section 

134(c)(2) of the Workforce Innovation and Opportunity Act’’. 

(2) Section 4102A of title 38 of the United States Code 

is amended— 

(A) in subsection (d), by striking ‘‘participation of qualified veterans and eligible persons in employment and 

training opportunities under title I of the Workforce Investment Act of 1998’’ and inserting ‘‘participation of qualified 

veterans and eligible persons in employment and training 

opportunities under title I of the Workforce Innovation 

and Opportunity Act’’; and 

(B) in subsection (f)(2)(A), by striking ‘‘be consistent 

with State performance measures applicable under section 

136(b) of the Workforce Investment Act of 1998’’ and 

inserting ‘‘be consistent with State performance accountability measures applicable under section 116(b) of the 

Workforce Innovation and Opportunity Act’’. 

(3) Section 4104A of title 38 of the United States Code 

is amended— 

(A) in subsection (b)(1)(B), by striking ‘‘the appropriate 

State boards and local boards (as such terms are defined 

in section 101 of the Workforce Investment Act of 1998 

(29 U.S.C. 2801))’’ and inserting ‘‘the appropriate State 

boards and local boards (as such terms are defined in 

section 3 of the Workforce Innovation and Opportunity 

Act)’’; and 

(B) in subsection (c)(1)(A), by striking ‘‘the appropriate 

State boards and local boards (as such terms are defined 

in section 101 of the Workforce Investment Act of 1998 

(29 U.S.C. 2801))’’ and inserting ‘‘the appropriate State 

boards and local boards (as such terms are defined in 

section 3 of the Workforce Innovation and Opportunity 

Act)’’. 

(4) Section 4110B of title 38 of the United States Code 

is amended by striking ‘‘enter into an agreement with the 

Secretary regarding the implementation of the Workforce 

Investment Act of 1998 that includes the description and 

information described in paragraphs (8) and (14) of section 

112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1720 PUBLIC LAW 113–128—JULY 22, 2014 

2822(b))’’ and inserting ‘‘enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions 

described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the 

Workforce Innovation and Opportunity Act and a description 

of how the State board will carry out the activities described 

in section 101(d)(3)(F) of such Act’’. 

(5) Section 4213(a)(4) of title 38 of the United States Code 

is amended by striking ‘‘Any employment or training program 

carried out under title I of the Workforce Investment Act of 

1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘Any employment 

or training program carried out under title I of the Workforce 

Innovation and Opportunity Act’’. 

(hh) TRADE ACT OF 1974.—The Trade Act of 1974 (19 U.S.C. 

2101 et seq.) is amended as follows: 

(1) Section 221(a) of such Act (19 U.S.C. 2271) is amended— 

(A) in paragraph (1)(C)— 

(i) by striking ‘‘, one-stop operators or one-stop 

partners (as defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801)) including 

State employment security agencies,’’ and inserting ‘‘, 

one-stop operators or one-stop partners (as defined in 

section 3 of the Workforce Innovation and Opportunity 

Act) including State employment security agencies,’’; 

and 

(ii) by striking ‘‘or the State dislocated worker 

unit established under title I of such Act,’’ and 

inserting ‘‘or a State dislocated worker unit,’’; and 

(B) in subsection (a)(2)(A), by striking ‘‘rapid response 

activities and appropriate core and intensive services (as 

described in section 134 of the Workforce Investment Act 

of 1998 (29 U.S.C. 2864)) authorized under other Federal 

laws’’ and inserting ‘‘rapid response activities and appropriate career services (as described in section 134 of the 

Workforce Innovation and Opportunity Act) authorized 

under other Federal laws’’. 

(2) Section 222(d)(2)(A)(iv) of such Act (19 U.S.C. 

2272(d)(2)(A)(iv)) is amended by striking ‘‘one-stop operators 

or one-stop partners (as defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801))’’ and inserting ‘‘onestop operators or one-stop partners (as defined in section 3 

of the Workforce Innovation and Opportunity Act)’’. 

(3) Section 236(a)(5) of such Act (19 U.S.C. 2296(a)(5)) 

is amended— 

(A) in subparagraph (B), by striking ‘‘any training program provided by a State pursuant to title I of the 

Workforce Investment Act of 1998’’ and inserting ‘‘any 

training program provided by a State pursuant to title 

I of the Workforce Innovation and Opportunity Act’’; and 

(B) in the flush text following subparagraph (H), by 

striking ‘‘The Secretary may not limit approval of a training 

program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 

(29 U.S.C. 2801 et seq.).’’ and inserting ‘‘The Secretary 

may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of 

the Workforce Innovation and Opportunity Act.’’. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 113–128—JULY 22, 2014 128 STAT. 1721 

(4) Section 239 of such Act (19 U.S.C. 2311) is amended— 

(A) in subsection (f), by striking ‘‘Any agreement 

entered into under this section shall provide for the 

coordination of the administration of the provisions for 

employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under 

title I of the Workforce Investment Act of 1998’’ and 

inserting ‘‘Any agreement entered into under this section 

shall provide for the coordination of the administration 

of the provisions for employment services, training, and 

supplemental assistance under sections 235 and 236 of 

this Act and under title I of the Workforce Innovation 

and Opportunity Act’’; and 

(B) in subsection (h), by striking ‘‘the description and 

information described in paragraphs (8) and (14) of section 

112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 

2822(b))’’ and inserting ‘‘the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce 

Innovation and Opportunity Act, a description of how the 

State board will carry out the activities described in section 

101(d)(3)(F) of such Act,’’. 

(ii) UNITED STATES HOUSING ACT OF 1937.—Section 23 of the 

United States Housing Act of 1937 (42 U.S.C. 1437u) is amended— 

(1) in subsection (b)(2)(A), by striking ‘‘lack of supportive 

services accessible to eligible families, which shall include 

insufficient availability of resources for programs under title 

I of the Workforce Investment Act of 1998’’ and inserting ‘‘lack 

of supportive services accessible to eligible families, which shall 

include insufficient availability of resources for programs under 

title I of the Workforce Innovation and Opportunity Act’’; 

(2) in subsection (f)(2), by striking ‘‘the local agencies (if 

any) responsible for carrying out programs under title I of 

the Workforce Investment Act of 1998 or the Job Opportunities 

and Basic Skills Training Program under part F of title IV 

of the Social Security Act,’’ and inserting ‘‘the local agencies 

(if any) responsible for carrying out programs under title I 

of the Workforce Innovation and Opportunity Act or the Job 

Opportunities and Basic Skills Training Program under part 

F of title IV of the Social Security Act,’’; and 

(3) in subsection (g)— 

(A) in paragraph (2), by striking ‘‘any local agencies 

responsible for programs under title I of the Workforce 

Investment Act of 1998 or the Job Opportunities and Basic 

Skills Training Program under part F of title IV of the 

Social Security Act’’ and inserting ‘‘any local agencies 

responsible for programs under title I of the Workforce 

Innovation and Opportunity Act or the Job Opportunities 

and Basic Skills Training Program under part F of title 

IV of the Social Security Act’’; and 

(B) in paragraph (3)(H), by striking ‘‘programs under 

title I of the Workforce Investment Act of 1998 and any 

other relevant employment, child care, transportation, 

training, and education programs in the applicable area’’ 

and inserting ‘‘programs under title I of the Workforce 

Innovation and Opportunity Act and any other relevant 

employment, child care, transportation, training, and education programs in the applicable area’’. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1722 PUBLIC LAW 113–128—JULY 22, 2014 

LEGISLATIVE HISTORY—H.R. 803: 

HOUSE REPORTS: No. 113–14, Pt. 1 (Comm. on Education and the Workforce). 

CONGRESSIONAL RECORD: 

Vol. 159 (2013): Mar. 15, considered and passed House. 

Vol. 160 (2014): June 25, considered and passed Senate, amended. 

July 9, House concurred in Senate amendments. 

Æ 

(jj) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF

1994.—Section 31113(a)(4)(C) of the Violent Crime Control and 

Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended 

by striking ‘‘job training programs authorized under title I of the 

Workforce Investment Act of 1998 or the Family Support Act of 

1988 (Public Law 100–485)’’ and inserting ‘‘job training programs 

authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 (Public Law 100– 

485)’’. 

(kk) WORKER ADJUSTMENT AND RETRAINING NOTIFICATION

ACT.—Section 3(a)(2) of the Worker Adjustment and Retraining 

Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking ‘‘the 

State or entity designated by the State to carry out rapid response 

activities under section 134(a)(2)(A) of the Workforce Investment 

Act of 1998,’’ and inserting ‘‘the State or entity designated by 

the State to carry out rapid response activities under section 

134(a)(2)(A) of the Workforce Innovation and Opportunity Act,’’. 

SEC. 513. REFERENCES. 

(a) WORKFORCE INVESTMENT ACT OF 1998 REFERENCES.— 

Except as otherwise specified, a reference in a Federal law to 

a provision of the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.) shall be deemed to refer to the corresponding provision 

of this Act. 

(b) WAGNER-PEYSER ACT REFERENCES.—Except as otherwise 

specified, a reference in a Federal law to a provision of the WagnerPeyser Act (29 U.S.C. 49 et seq.) shall be deemed to refer to 

the corresponding provision of such Act, as amended by this Act. 

(c) DISABILITY-RELATED REFERENCES.—Except as otherwise 

specified, a reference in a Federal law to a provision of the 

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) shall be deemed 

to refer to the corresponding provision of such Act, as amended 

by this Act. 

Approved July 22, 2014. 

29 USC 3361. 


dkrause on DSKHT7XVN1PROD with PUBLAWS