29–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–16 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 803) TO REFORM AND 

STRENGTHEN THE WORKFORCE INVESTMENT SYSTEM OF THE NATION 

TO PUT AMERICANS BACK TO WORK AND MAKE THE UNITED STATES 

MORE COMPETITIVE IN THE 21ST CENTURY 

MARCH 13, 2013.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 113] 

The Committee on Rules, having had under consideration House 

Resolution 113, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 803, the 

SKILLS Act, under a structured rule. The resolution provides one 

hour of general debate equally divided and controlled by the chair 

and ranking minority member of the Committee on Education and 

the Workforce. The resolution waives all points of order against 

consideration of the bill. The resolution makes in order as original 

text for purpose of amendment an amendment in the nature of a 

substitute consisting of the text of Rules Committee Print 113–4 

and provides that it shall be considered as read. The resolution 

waives all points of order against the amendment in the nature of 

a substitute. The resolution makes in order only those amendments 

printed in this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for division 

of the question. The resolution waives all points of order against 

the amendments printed in this report. The resolution provides one 

motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, the Committee is not aware of any points of order. The waiver 

is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Foxx (NC): MANAGER’S Provides an application process for 

local or regional boards to be designated as a local workforce investment area, authorizes GAO to complete two studies related to 

Workforce Investment Act programs, and makes technical and 

clarifying amendments. (10 minutes) 

2. Gallego, Pete (TX): Adds advanced manufacturing in the state 

and local plans sections to assist American Veterans obtain better 

job opportunities in that field. (10 minutes) 

3. Young, Don (AK), Cole (OK), Noem (SD): Changes the percentage of authorized State Allotment funding set aside for American 

Indian, Alaska Native, and Native Hawaiian employment and 

training grants. It replaces a provision that limits the set aside to 

no more than 1 percent of total funding with a fixed 1 percent 

guarantee. (10 minutes) 

4. Black (TN): Expresses a sense of Congress that any administrative costs to federal, state, or local entities as a result of this act 

be off-set by funds currently being used for marketing and outreach 

at the United States Department of Agriculture (USDA). (10 minutes) 

5. Garrett (NJ): Requires that if reports due to Congress that 

evaluate the programs that are covered by this legislation are not 

transmitted on or before the time period specified for that report, 

amounts authorized to be appropriated under this title shall be reduced by 10 percent for the next fiscal year and reduced by an additional 10 percent for each subsequent fiscal year until such report 

is transmitted to Congress. (10 minutes) 

6. Tierney (MA), Hinojosa (TX), Miller, George (CA): SUBSTITUTE Reauthorizes the Workforce Investment Act in a responsible way that ensures workers can obtain jobs and build careers 

through strategic partnerships and enables businesses to identify 

and hire qualified personnel to grow and continue our economic recovery. (20 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table of contents in section 2, strike the item relating to 

section 139 and insert the following: 

Sec. 139. Federal agency staff and restrictions on political and lobbying activities. 

In the table of contents in section 2, add at the end the following: 


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TITLE VI—STUDIES BY THE COMPTROLLER GENERAL 

Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. 

Sec. 602. Study by the Comptroller General on administrative cost savings. 

Page 12, line 8, insert ‘‘pay-for-performance’’ before ‘‘contract’’. 

Page 12, line 11, strike ‘‘performance outcome’’ and insert ‘‘core 

indicators of performance’’. 

Page 12, beginning line 14, strike ‘‘a provider’’ and insert ‘‘an eligible provider’’. 

Page 12, line 16, insert after ‘‘who’’ the following: ‘‘, within a defined timetable,’’. 

Page 12, line 18, strike ‘‘outcome measures’’ and insert ‘‘core indicators of performance’’. 

Page 12, line 19, strike ‘‘, within a defined timetable’’. 

Page 12, line 23, strike ‘‘a provider’’ and insert ‘‘an eligible provider’’. 

Page 12, line 24, insert ‘‘program’’ before ‘‘participant’’. 

Page 12, line 25, strike ‘‘outcome measures’’ and insert ‘‘core indicators of performance’’. 

Page 13, line 7, strike ‘‘a provider’’ and insert ‘‘an eligible provider’’. 

Page 27, line 6, insert ‘‘and’’ before ‘‘all that follows’’. 

Page 27, beginning line 14, amend subparagraph (A) to read as 

follows: 

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

‘‘(1) IN GENERAL.— 

‘‘(A) PROCESS.—In order to receive an allotment under 

section 132, a State, through the State board, shall establish a process to designate local workforce investment 

areas within the State. Such process shall— 

‘‘(i) support the statewide workforce investment system developed under section 111(d)(2) that will meet 

the workforce needs of the State and its local areas; 

‘‘(ii) include prior consultation with chief elected officials; 

‘‘(iii) consider comments received through the public 

comment process as described in section 112(b)(9); and 

‘‘(iv) require the submission of an approved application under subparagraph (B). 

‘‘(B) APPLICATION.—To be designated as a local area 

under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and 

containing such information as the State board may require, including— 

‘‘(i) a description of the local area, including the population that will be served by the local area, and the 

education and training needs of its employers and 

workers; 

‘‘(ii) a description of how the local area is consistent 

or aligned with— 

‘‘(I) service delivery areas; 

‘‘(II) labor market areas; and 

‘‘(III) economic development regions; 


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‘‘(iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of 

the local workforce; 

‘‘(iv) a description of the distance that individuals 

will need to travel to receive services provided in such 

local area; and 

‘‘(v) any other criteria that the State board may require. 

‘‘(C) PRIORITY.—In designating local areas under this 

paragraph, a State board shall give priority consideration 

to applicants demonstrating that a designation as a local 

area under this paragraph will result in the reduction of 

overlapping service delivery areas, local market areas, or 

economic development regions. 

‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A State may designate an applicant as a local area under this paragraph 

for a period not to exceed 3 years.’’. 

Page 28, beginning line 22, strike ‘‘and inserting the following:’’. 

Page 28, line 24, through page 29, line 7, strike paragraph (3). 

Page 29, line 8, strike ‘‘and’’. 

Page 29, beginning line 9, amend subparagraph (E) to read as 

follows: 

‘‘(E) by redesignating paragraph (5) as paragraph (3); 

and’’. 

Page 29, after line 10, insert the following: 

(F) in paragraph (3) (as so redesignated), by striking ‘‘(2) 

or (3)’’ both places it appears and inserting ‘‘(1)’’; 

Page 29, line 14, strike ‘‘(a)(1)(B), the Governor may designate a 

State’’ and insert ‘‘(a), the State board of a State may designate the 

State’’. 

Page 36, line 25, strike ‘‘individual training providers’’ and insert 

‘‘each such eligible provider’’. 

Page 37, line 2, insert ‘‘eligible’’ before ‘‘providers’’. 

Page 37, line 4, strike ‘‘indicators as priority’’ and insert ‘‘criteria 

as priority eligible’’. 

Page 42, line 9, insert ‘‘, with a focus on employment that fosters 

independence and integration’’ after ‘‘disabilities’’. 

Page 55, line 23, insert ‘‘subsection’’ before ‘‘(b)(2)(B)’’. 

Page 70, line 24, strike the period and insert ‘‘; and’’. 

Page 86, beginning line 12, strike ‘‘, as defined in section 

101(56),’’. 

Page 86, line 15, insert ‘‘eligible’’ before ‘‘providers’’. 

Page 99, line 12, strike ‘‘(B);’’ and insert ‘‘(B).’’. 

Page 104, beginning line 3, strike ‘‘an institution of higher education’’ and insert ‘‘a postsecondary educational institution’’. 

Page 104, line 5, insert ‘‘eligible’’ before ‘‘provider’’. 

Page 104, line 9, strike ‘‘and which’’ and insert ‘‘such contract’’. 

Page 104, line 11, insert ‘‘eligible’’ before ‘‘provider’’. 

Page 104, line 11, strike ‘‘if’’ and insert ‘‘and’’. 

Page 106, beginning line 4, strike ‘‘, as defined in section 

101(56),’’. 

Page 118, line 24, strike ‘‘(1)(A)’’. 

Page 119, line 1, insert ‘‘of paragraph (1)(A)’’ after ‘‘clause (i)’’. 


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Page 119, line 6, insert ‘‘of paragraph (1)(A)’’ after ‘‘clause (ii)’’. 

Page 122, line 10, strike ‘‘(E)’’ and insert ‘‘(D)’’. 

Page 128, line 25, strike ‘‘1091(c))’’ and insert ‘‘1091(c)))’’. 

Page 154, line 2, strike ‘‘Education.’’ and insert ‘‘Education,’’. 

Page 154, line 3, strike ‘‘as well as’’ and insert ‘‘and’’. 

Page 157, line 9, insert before the semicolon the following: ‘‘, and 

conforming the casing style of the headings of such subsections to 

the casing style of the heading of subsection (d), as added by paragraph (7) of this section’’. 

Page 166, line 18, strike ‘‘paragraph’’ and insert ‘‘subparagraph’’. 

Page 167, line 16, insert after ‘‘STAFF’’ the following: ‘‘AND RESTRICTIONS ON POLITICAL AND LOBBYING ACTIVITIES’’. 

Page 168, line 11, strike ‘‘eliminated’’ and insert ‘‘repealed’’. 

Page 168, line 16, insert ‘‘and’’ at the end. 

Page 221, line 11, insert before the period the following: ‘‘, as in 

effect on the day before the date of enactment of the SKILLS Act’’. 

Page 221, beginning line 18, amend paragraph (5) to read as follows: 

(5) Public Law 91-378, 16 U.S.C. 1701 et seq. (popularly 

known as the ‘‘Youth Conservation Corps Act of 1970’’). 

Page 222, beginning line 21, move the quoted matter so that it 

appears in-line with ‘‘following:’’ on line 20 of such page. 

Page 230, line 11, insert ‘‘and all that follows’’ before ‘‘through’’. 

Page 235, line 7, strike ‘‘victim’’ and insert ‘‘victims’’. 

Page 236, line 23, strike ‘‘subsection’’ and insert ‘‘subsections’’. 

Page 236, line 24, strike ‘‘subsection’’ and insert ‘‘subsections’’. 

Page 240, after the item relating to section 196, insert the following: 

‘‘Sec. 197. Restrictions on lobbying and political activities.’’. 

Add at the end of the bill, the following new title: 

TITLE VI—STUDIES BY THE COMPTROLLER GENERAL 

SEC. 601. STUDY BY THE COMPTROLLER GENERAL ON EXHAUSTING 

FEDERAL PELL GRANTS BEFORE ACCESSING WIA FUNDS. 

Not later than 12 months after the date of enactment of this Act, 

the Comptroller General of the United States shall complete 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 a report that— 

(1) evaluates the effectiveness of subparagraph (B) of section 

134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 

2864(d)(4)(B)) (as such subparagraph was in effect on the day 

before the date of enactment of this Act), including— 

(A) a review of the regulations and guidance issued by 

the Secretary of Labor to State and local areas on how to 

comply with such subparagraph; 

(B) a review of State policies to determine how local 

areas are required to comply with such subparagraph; 

(C) a review of local area policies to determine how onestop operators are required to comply with such subparagraph; and 

(D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine 


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if, before receiving such training services, such individuals 

have exhausted funds received through the Federal Pell 

Grant program under title IV of the Higher Education Act 

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

(2) makes appropriate recommendations with respect to the 

matters evaluated under paragraph (1). 

SEC. 602. STUDY BY THE COMPTROLLER GENERAL ON ADMINISTRATIVE COST SAVINGS. 

(a) STUDY.—Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States 

shall complete 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 a report 

that— 

(1) determines the amount of administrative costs at the 

Federal and State levels for the most recent fiscal year for 

which satisfactory data are available for— 

(A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs 

were in effect for such fiscal year; and 

(B) each of the programs described in subparagraph (A) 

that have been repealed or consolidated on or after the 

date of enactment of this Act; 

(2) determines the amount of administrative cost savings at 

the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the 

amount of administrative costs between subparagraph (A) and 

subparagraph (B) of paragraph (1); and 

(3) estimates the administrative costs savings at the Federal 

and State levels for a fiscal year as a result of States consolidating funds under section 501(e) of the Workforce Investment 

Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the 

administration of federally-funded State and local employment 

and training programs. 

(b) DEFINITION.—For purposes of this section, the term ‘‘administrative cost’’ has the meaning given the term in section 101 of the 

Workforce Investment Act of 1998 (29 U.S.C. 2801). 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GALLEGO

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 26, line 20, insert ‘‘including training in advanced manufacturing,’’ after ‘‘training,’’. 

Page 44, line 24, insert ‘‘including training in advanced manufacturing,’’ after ‘‘training,’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

ALASKA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 69, line 21, strike ‘‘not more than’’. 


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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLACK OF

TENNESSEE OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 127, line 10, strike ‘‘There’’ and insert ‘‘(a) IN GENERAL.— 

There’’. 

Page 127, after line 13, insert the following: 

‘‘(b) SENSE OF CONGRESS RELATING TO ADMINISTRATIVE COSTS.— 

It is the sense of Congress that when funds are appropriated pursuant to the amendment made by subsection (a), the amount necessary to cover all administrative costs under title I of the Workforce Investment Act of 1998 should be offset by funds from the account for the Office for Advocacy and Outreach of the Department 

of Agriculture.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARRETT

OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 160, line 2, strike ‘‘and’’ and after such line insert the following: 

(5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: 

‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO BE APPROPRIATED

FOR LATE REPORTING.—If a report required to be transmitted to 

Congress under this section is not transmitted on or before the 

time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the 

fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced 

by an additional 10 percent each subsequent fiscal year until each 

such report is transmitted to Congress.’’. 

Page 160, line 3, strike ‘‘(5)’’ and insert ‘‘(6)’’. 

Page 160, line 4, strike ‘‘(g)’’ and insert ‘‘(h)’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TIERNEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Workforce Investment Act of 2013’’. 

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

follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Purposes and principles. 

TITLE I—WORKFORCE INVESTMENT SYSTEMS 

Subtitle A—Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

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

Sec. 112. State unified plan. 

Sec. 113. Local workforce investment areas and boards. 

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

Sec. 115. Providers of training services. 

Sec. 116. Youth activities. 


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Sec. 117. Adult and dislocated worker training activities. 

Sec. 118. Unified performance accountability system. 

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

Subtitle C—Job Corps 

Sec. 131. Purposes. 

Sec. 132. Definitions. 

Sec. 133. Individuals eligible for the Job Corps. 

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

Sec. 135. Enrollment. 

Sec. 136. Job Corps centers. 

Sec. 137. Program activities. 

Sec. 138. Support. 

Sec. 139. Community participation. 

Sec. 140. Industry councils. 

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

program. 

Sec. 142. Technical amendment. 

Sec. 143. Performance accountability and management. 

Sec. 144. Authorization of appropriations. 

Subtitle D—National Programs 

Sec. 151. Native American programs. 

Sec. 152. Migrant and seasonal farmworker programs. 

Sec. 153. Veterans workforce investment programs. 

Sec. 154. Repeal. 

Sec. 155. Technical assistance. 

Sec. 156. Innovation projects. 

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

Sec. 158. Evaluations. 

Sec. 159. National dislocated worker grants. 

Sec. 160. Youthbuild program. 

Sec. 161. Authorization of appropriations. 

Sec. 162. Transition grants to States. 

Sec. 163. Interagency agreement. 

Subtitle E—Administration 

Sec. 171. Requirements and restrictions. 

Sec. 172. Fiscal controls or sanctions. 

Sec. 173. Reports, recordkeeping, investigations. 

Sec. 174. Administrative provisions. 

Sec. 175. Repeals. 

Sec. 176. General program requirements. 

Sec. 177. Office of Disability Employment Policy. 

Sec. 178. Independent evaluation of the efficiency and effectiveness of the Federal 

Workforce Investment System. 

Subtitle F—Community College to Career Fund 

Sec. 181. Community College to Career Fund. 

TITLE II—ADULT EDUCATION AND LITERACY 

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

Sec. 202. Amendments to subtitle A. 

Sec. 203. Amendments to subtitle B. 

Sec. 204. Amendments to subtitle C. 

Sec. 205. Amendments to subtitle D. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Employment service offices. 

Sec. 302. Definitions. 

Sec. 303. Federal and State employment service offices. 

Sec. 304. Allotment of sums. 

Sec. 305. Use of sums. 

Sec. 306. State plan. 

Sec. 307. Performance accountability measures. 

Sec. 308. Pilot projects. 

Sec. 309. Labor market information system. 


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TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

Sec. 401. References. 

Sec. 402. Findings, purpose, policy. 

Sec. 403. Rehabilitation Services Administration. 

Sec. 404. Definitions. 

Sec. 405. Administration of the Act. 

Sec. 406. Reports. 

Sec. 407. Evaluation. 

Sec. 408. Carryover. 

Sec. 409. Traditionally underserved populations. 

Subtitle B—Vocational Rehabilitation Services 

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

Sec. 412. State plans. 

Sec. 413. Eligibility and individualized plan for employment. 

Sec. 414. Vocational rehabilitation services. 

Sec. 415. State Rehabilitation Council. 

Sec. 416. Performance accountability measures. 

Sec. 417. Monitoring and review. 

Sec. 418. Training and services for employers. 

Sec. 419. State allotments. 

Sec. 420. Client Assistance Program. 

Sec. 421. Technical assistance for quality services. 

Sec. 422. Pre-employment transition services. 

Sec. 423. American Indian vocational rehabilitation services. 

Subtitle C—Research and Training 

Sec. 431. Purpose. 

Sec. 432. Authorization of appropriations. 

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

Sec. 434. Interagency Committee. 

Sec. 435. Research and other covered activities. 

Sec. 436. Rehabilitation Research Advisory Council. 

Sec. 437. Definition of covered school. 

Subtitle D—Professional Development and Special Projects and Demonstration 

Sec. 441. Training. 

Sec. 442. Demonstration and training programs. 

Sec. 443. Migrant and seasonal farmworkers. 

Sec. 444. Recreational programs. 

Subtitle E—National Council on Disability 

Sec. 451. Report. 

Sec. 452. Authorization of appropriations. 

Subtitle F—Rights and Advocacy 

Sec. 456. Board and Council. 

Sec. 457. Protection and advocacy of individual rights. 

Sec. 458. Standards for accessible medical diagnostic equipment. 

Subtitle G—Employment Opportunities for Individuals With Disabilities 

Sec. 461. Projects with industry. 

Sec. 462. Authorization of appropriations. 

Sec. 463. Supported employment services. 

Subtitle H—Independent Living Services and Centers for Independent Living 

CHAPTER 1—GENERAL PROVISIONS

Sec. 471. Purpose. 

Sec. 472. Independent Living Administration. 

Sec. 473. Definitions. 

Sec. 474. State plan. 

Sec. 475. Statewide Independent Living Council. 

Sec. 476. Responsibilities of the ILA Director. 


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CHAPTER 2—INDEPENDENT LIVING SERVICES

Sec. 477. Administration. 

CHAPTER 3—CENTERS FOR INDEPENDENT LIVING

Sec. 481. Program authorization. 

Sec. 482. Centers. 

Sec. 483. Standards and assurances. 

Sec. 484. Authorization of appropriations. 

CHAPTER 4—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE

BLIND

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

Sec. 487. Program of grants. 

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

Subtitle I—Increasing Employment Opportunities for Individuals With Disabilities 

Sec. 491. Disability employment. 

Sec. 492. Table of contents. 

SEC. 2. PURPOSES AND PRINCIPLES. 

The purposes of this Act include the following: 

(1) To increase economic growth by improving the education 

and skills of American workers. 

(2) To ensure middle class prosperity through strong investment in talent and workforce development. 

(3) To prepare the unemployed, the underemployed, and 

those most disadvantaged with skills to match up with employer needs. 

(4) To provide individuals streamlined access to in-demand 

skills training and employment services by aligning education, 

training and workforce investment programs. 

(5) To strengthen engagement with employers in in-demand 

industries and all sectors to meet the needs of employers. 

(6) To improve the competitiveness and dynamism of the Nation’s future workforce by investing in college and career-ready 

pathways for young adults. 

(7) To ensure accountability and efficiency through system 

performance measures that incentivize continuous improvement in services for workers and employers. 

(8) To encourage private sector partnerships connecting employers, labor unions, community colleges, workforce boards 

and related stakeholders to develop workforce skills that meet 

employer needs, including career pathways, recognized postsecondary credentials, and regional planning. 

TITLE I—WORKFORCE INVESTMENT 

SYSTEMS 

Subtitle A—Definitions 

SEC. 101. DEFINITIONS. 

Section 101 is amended— 

(1) by striking paragraph (24) and by redesignating— 

(A) paragraphs (52) and (53) as paragraphs (60) and 

(61), respectively; 


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(B) paragraphs (40) through (51) as paragraphs (47) 

through (58), respectively; 

(C) paragraphs (25) through (39) as paragraphs (31) 

through (45), respectively; 

(D) paragraphs (18) through (23) as paragraphs (25) 

through (30), respectively; 

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

(F) paragraphs (12) through (16) as paragraphs (16) 

through (20), respectively; 

(G) paragraphs (8) through (11), as paragraphs (11) 

through (14), respectively; and 

(H) paragraphs (5) through (7) as paragraphs (6) 

through (8), respectively; 

(2) by inserting after paragraph (4) the following: 

‘‘(5) CAREER PATHWAY.— 

‘‘(A) IN GENERAL.—The term ‘career pathway’ means a 

sequence of education, training, and other supportive services, clearly articulated from one level of instruction to the 

next, that are designed to prepare individuals to meet a 

set of career-related objectives as referenced in subparagraph (C). 

‘‘(B) SERVICES.—The services referred to in subparagraph (A) shall be— 

‘‘(i) aligned with the skill needs of industries in the 

State or regional economy involved; 

‘‘(ii) designed to increase an individual’s educational 

and skill attainment, and improve the individual’s employment outcomes and ability to meet career-related 

objectives, by— 

‘‘(I) preparing individuals for the 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 

273); 

‘‘(II) including supportive services and counseling to support individuals in achieving their 

education and career goals; 

‘‘(III) including, as appropriate for an individual, 

education offered concurrently with and in the 

context of workforce preparation activities and 

training for a specific occupation or occupational 

cluster; and 

‘‘(IV) when participants are adults, organizing 

courses to meet adult participants’ needs including flexible scheduling, multiple entry and exit 

points (that may correspond with work and 

stackable credentials), giving credit for learning 

toward credentials and adopting other strategies 

that accelerate the educational and career advancement of the participant to the extent practicable; and 


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‘‘(iii) at a minimum, provided through the alignment 

of core programs authorized under this Act with postsecondary education and training programs, consistent 

with descriptions included in the State and local 

plans. 

‘‘(C) OBJECTIVES.—The objectives referred to in subparagraph (A) include— 

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

school diploma or its recognized equivalent, and at 

least 1 recognized postsecondary credential; and 

‘‘(ii) helping a worker enter or advance within a specific occupation or occupational cluster.’’; 

(3) by inserting after paragraph (8) (as so redesignated), the 

following: 

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

‘‘(A) chapter 4 and 5 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. 

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

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

services). 

‘‘(10) COSTS OF INFRASTRUCTURE.—The term ‘costs of infrastructure’, used with respect to a one-stop center, means the 

nonpersonnel costs that are necessary for the 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 adaptive technology for individuals with disabilities), and technology to facilitate access to the 

one-stop center.’’; 

(4) by inserting after paragraph (14) (as so redesignated), the 

following: 

‘‘(15) ECONOMIC SELF-SUFFICIENCY.—The term ‘economic selfsufficiency’ means, with respect to a worker, earning a wage 

sufficient to support a family adequately and, over time, to 

save for emergency expenses and adequate retirement income, 

based on factors such as— 

‘‘(A) family size; 

‘‘(B) the cost of living in the worker’s community; and 

‘‘(C) other factors that may vary by region.’’; 

(5) by inserting after paragraph (20) (as so redesignated), the 

following: 

‘‘(21) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.— 

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

or occupation’ means— 

‘‘(i) an industry sector that— 

‘‘(I) has a substantial current or forecasted impact on the regional economy overall, including attracting, expanding or retaining businesses or jobs 

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nomic self-sufficiency and opportunities for advancement) in the region; 

‘‘(II) contributes to the growth of other supporting businesses, or the growth of other industry sectors within the region; 

‘‘(III) provides workers with jobs that have competitive, family-sustaining wages and benefits; 

and 

‘‘(IV) includes occupations that provide opportunities for career advancement; or 

‘‘(ii) an occupation that— 

‘‘(I) has a significant presence in an industry 

sector; 

‘‘(II) has a shortage of available skilled workers; 

‘‘(III) pays competitive, family-sustaining wages 

and benefits that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to a position with such wages and 

benefits; 

‘‘(IV) provides opportunities for career advancement; and 

‘‘(V) has a significant impact in a region’s economy. 

‘‘(B) DETERMINATION.—The determination of whether an 

industry sector or occupation is an in-demand industry 

sector or occupation under this paragraph shall be made 

using national, State, or regional labor market information.’’; 

(6) by inserting after paragraph (22) (as so redesignated), the 

following: 

‘‘(23) INDIVIDUAL WITH BARRIERS TO EMPLOYMENT.—The term 

‘individual with barriers to employment’ means an individual 

with any characteristic that substantially limits an individual’s 

ability to obtain employment, including indicators of poor work 

history, lack of work experience or access to employment in 

nontraditional occupations, long-term unemployment, 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, ex-offender status, or receipt of welfare. 

‘‘(24) INDUSTRY OR SECTOR PARTNERSHIP.—The term ‘industry 

or sector partnership’ means a workforce collaborative that— 

‘‘(A) organizes key stakeholders in an industry cluster 

into a working group that focuses on the workforce 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) representatives of a recognized State labor organization or central labor council, a union representing 

employees in the industry or sector and another labor 

representative, as appropriate; 

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

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cation or training programs that support the industry 

cluster, including career and technical education providers; and 

‘‘(iv) the State workforce agency providing labor 

market information and employment services under 

the Wagner-Peyser Act; 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) any local board that has established through its 

local plan a concentration of an industry cluster within its area; 

‘‘(v) business or trade associations; 

‘‘(vi) nonprofit organizations, community-based organizations, or intermediaries; 

‘‘(vii) philanthropic organizations; and 

‘‘(viii) other organizations, as determined to be necessary by the members comprising the industry or sector partnership.’’. 

(7) in paragraph (36) (as so redesignated), by striking ‘‘as appropriate to the occupation for which the participant is being 

trained’’ and inserting ‘‘to a period not in excess of that generally required for acquisition of skills needed for the position 

with a particular occupation and’’; 

(8) by inserting after paragraph (44) (as so redesignated), the 

following: 

‘‘(45) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term 

‘recognized postsecondary credential’ means a credential 

awarded by a training provider or educational institution 

based on completion of all requirements for a program of study, 

including coursework or tests or other performance evaluations. The term includes an industry-recognized certificate, a 

certificate of completion of an apprenticeship, or an associate 

or baccalaureate degree.’’; and 

(9) by inserting after paragraph (57) (as so redesignated), the 

following: 

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

learning advisor’ means an individual employed by an organization who has the knowledge and skill 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 investment 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.’’. 


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Subtitle B—Statewide and Local Workforce 

Investment Systems 

SEC. 111. STATE WORKFORCE INVESTMENT BOARDS AND REQUIREMENTS FOR STATE PLANS. 

(a) SIZE AND FUNCTIONS OF THE STATE BOARDS.—Section 111 is 

amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(C)— 

(i) by amending clause (i)(I), by striking ‘‘including’’ 

and inserting ‘‘shall include’’; and 

(ii) by amending clause (vi) to read as follows: 

‘‘(vi)(I) lead State officials with primary responsibility for the program and activities that are described 

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

‘‘(II) the State agency officials responsible for economic development;’’; and 

(B) by adding at the end the following: 

‘‘(4) WORKER REPRESENTATION.—Not less than 20 percent of 

the Board shall be comprised of representatives of the workforce within the State, and— 

‘‘(A) shall include representatives described in clause (iii) 

of section 117(b)(2)(A); 

‘‘(B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals 

with barriers to employment, including organizations that 

provide or support competitive, integrated employment for 

individuals with disabilities; and 

‘‘(C) 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-of-school youth.’’. 

(2) in subsection (d)— 

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

semicolon; 

(B) in paragraph (9), by striking the period and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(10) promotion in the development of guidance on career 

pathways by aligning workforce investment programs for the 

purpose of providing individuals with barriers to employment, 

including low-skilled adults and youth, with the employment, 

training, education, and supportive services the individuals 

need to attain the necessary credentials to secure and advance 

in employment; 

‘‘(11) promotion in the development of sector initiatives such 

as industry or sector partnerships relating to in-demand industry sectors and occupations; 

‘‘(12) provision of guidance on the alignment and delivery of 

services between the local boards, one-stop operator, and State 

entities carrying out relevant State-administered programs; 


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‘‘(13) provision of technical assistance to local boards, onestop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services; and 

‘‘(14) staff training and education across programs supported 

under workforce investment systems in local areas.’’. 

(b) REQUIRED CONTENT OF STATE PLANS.—Section 112 is amended— 

(1) in subsection (a), by striking ‘‘a single State plan (referred to in this title as the ‘State plan’)’’ and inserting ‘‘a single State plan (referred to in this title as the ‘State plan’) that 

shall include the State plans of all core program and’’; 

(2) in subsection (b)— 

(A) in paragraph (4)— 

(i) in subparagraph (C), by striking ‘‘; and’’ and inserting a semicolon; and 

(ii) by adding at the end the following new subparagraphs: 

‘‘(E) 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 the workforce needs for civilian occupations important to military installations and including goals relating 

to performance accountability measures based on primary 

indicators of performance described in section 136(b)(2), in 

order to support economic growth and economic self-sufficiency; and 

‘‘(F) a strategy not inconsistent with the program requirements of the core programs for aligning the core programs, as well as other resources available to the State, to 

achieve the strategic vision and goals described in subparagraph (E), including how the State will meet performance accountability measures based on the system-wide indicators described in section 136(b)(2)(A) in order to support program alignment.’’; 

(B) in paragraph (8)(A)— 

(i) in clauses (ix) and (x), respectively, by striking ‘‘; 

and’’ and inserting a semicolon; and 

(ii) by adding at the end the following: 

‘‘(xi) apprenticeship programs registered under the 

National Apprenticeship Act (50 Stat. 664, chapter 

663; 29 U.S.C. 50 et seq.); 

‘‘(xii) State labor certification activities for employment-based immigration programs authorized under 

the Immigration and Nationality Act; and 

‘‘(xiii) employment, training, and literacy services 

carried out by public libraries.’’; 

(C) in paragraph (12)(B), by inserting before the semicolon the following: ‘‘, and, after consultation with the local 

boards, specifying the minimum amount of Federal assistance under section 133(b) (2) and (3) provided to each local 

area that is to be spent on training’’; 

(D) in paragraph (17)(B), by striking ‘‘; and’’ and inserting a semicolon; 


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(E) in paragraph (18)(D), by striking the period and inserting a semicolon; and 

(F) by adding at the end the following: 

‘‘(19) a process for providing guidance to local areas and conducting oversight to ensure implementation of priority of service for adult employment and training activities; in accordance 

with section 134(d)(4)(E); 

‘‘(20) a description of how the State will develop and implement career pathways and career and technical education by 

aligning workforce investment programs for the purpose of providing individuals, including low-skill adults and youth, with 

the employment, training, education, and supportive services 

the individuals need to attain the necessary credentials to secure and advance in employment; 

‘‘(21) an objective assessment of the needs of individuals in 

the State or outlying area for adult education and literacy activities, including individuals with barriers to employment; 

‘‘(22) a description of how the eligible agency will develop 

program strategies for populations that include, at a minimum— 

‘‘(A) low-income students; 

‘‘(B) individuals with disabilities; 

‘‘(C) single parents and displaced homemakers; and 

‘‘(D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency; and 

‘‘(23) a description of how the adult education and literacy 

activities that will be carried out with any funds received 

under this subtitle will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible 

agency.’’; and 

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

‘‘appropriate Secretary of each core program’’. 

SEC. 112. STATE UNIFIED PLAN. 

The Workforce Investment Act of 1998 is further amended— 

(1) by striking section 501; and 

(2) by inserting after section 112 the following: 

‘‘SEC. 113. STATE UNIFIED PLAN. 

‘‘(a) PURPOSE.—The purpose of the State unified plan required by 

this section is to align education, training, and workforce development programs in support of a comprehensive workforce investment system. 

‘‘(b) DEFINITION OF APPROPRIATE SECRETARY.—In this section, 

the term ‘appropriate Secretary’ means the head of the Federal 

agency who exercises administrative authority over an activity or 

program described in subsection (c). 

‘‘(c) STATE UNIFIED PLAN.— 

‘‘(1) IN GENERAL.—A State shall develop and submit to the 

appropriate Secretaries a State unified plan for the core programs and may develop and submit one or more of the program and activities described in paragraph (2) in lieu of submitting two or more plans, for the programs and activities and 

the core programs. 


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

paragraph (1) are as follows: 

‘‘(A) Career and technical education programs at the secondary and postsecondary level 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)). 

‘‘(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). 

‘‘(d) REQUIREMENTS.— ‘‘(1) IN GENERAL.—The portion of a unified plan covering the 

core programs shall be subject to the requirements of section 

112 and to the additional requirements contained in the authorizing statute of the core program, if any. The portion of 

such plan covering a program or activity described in subsection (b)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program 

or activity. 

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

submits a State unified plan covering an activity or program 

described in subsection (b) that is approved under subsection 

(d) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the activity 

or program. 

‘‘(3) COORDINATION.—A State unified plan shall include— 

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

and coordination of the programs and activities included in 

the unified plan; and 

‘‘(B) an assurance that the methods included an opportunity for the entities responsible for planning or administering such programs and activities to review and comment on all portions of the unified plan. 

‘‘(e) APPROVAL BY THE APPROPRIATE SECRETARIES.— ‘‘(1) JURISDICTION.—The appropriate Secretary shall have the 

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retary exercises administrative authority. On the approval of 

the appropriate Secretary, the portion of the plan relating to 

the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan. 

‘‘(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. Other core programs may continue 

in operation while new plan provisions are revised or are 

awaiting approval. 

‘‘(3) TIMING OF APPROVAL.— 

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

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

the core programs or a program or activity described in 

subsection (a)(2) shall be considered to be approved by 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 SECRETARIES.—If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a unified plan, that portion of 

the unified plan shall be considered to be approved by the 

appropriate Secretary at the end of the 90-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, 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) LOCAL JURISDICTION.—The appropriate local board shall 

approve the portion of the State unified plan relating to the activity or program over which the appropriate local board exercises administrative authority. On the approval of the appropriate local board, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to 

the applicable portion of the State unified plan.’’. 

SEC. 113. LOCAL WORKFORCE INVESTMENT AREAS AND BOARDS. 

(a) PLANNING PROCESS FOR DIFFERENT TYPES OF REGIONS.—Section 116(c)(1) is amended— 

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

‘‘(A) As part of’’; 

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

‘‘shall’’; and 

(3) by adding at the end the following: 

‘‘(B) PLANNING FOR COOPERATIVE INITIATIVES AND ARRANGEMENTS.—In the regions comprised of 2 or more local 

areas, the State shall, in consultation with local boards, require regional planning, and service delivery, by local 

boards in those regions. For the purpose of administrative 

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ess for cooperative initiatives and arrangements that result in— 

‘‘(i) the establishment and implementation of regional service strategies and activities, including service delivery cooperative arrangements and regional approaches to address the employment and training 

needs of the region, including strategies that meet the 

need of individuals with barriers to employment; 

‘‘(ii) as appropriate, the development and implementation of initiatives involving in-demand industry sectors or occupations; 

‘‘(iii) the collection and analysis of regional labor 

market data (in conjunction with the State); and 

‘‘(iv) the establishment of administrative and 

infrastructural cost sharing, as appropriate. 

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

with the local boards and chief elected officials for the 

planning region, shall require the local boards and officials 

to collaborate in order to prepare, submit, and obtain approval of a single regional plan. Such plan shall include a 

description of the cooperative initiatives and arrangements 

developed pursuant to clause (iii) and incorporate local 

plans for each of the local areas in the planning region, 

which shall contain strategies that are consistent and 

aligned with each other.’’. 

(b) COMPOSITION OF THE BOARD AND INCLUSION OF PUBLIC LI- BRARIES.—Section 117(b)(2)(A)(iv) is amended by striking ‘‘individuals with disabilities and’’ and inserting ‘‘public libraries, individuals with disabilities, and’’. 

(c) WORKER REPRESENTATION.—Section 117(b) is further amended by adding at the end the following: 

‘‘(5) WORKER REPRESENTATION.—Not less than 20 percent of 

the Board shall be comprised of representatives of the workforce within the local area, and— 

‘‘(A) shall include representatives described in clause (iii) 

of paragraph (2)(A); 

‘‘(B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals 

with barriers to employment, including organizations that 

provide or support competitive, integrated employment for 

individuals with disabilities; and 

‘‘(C) 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-of-school youth.’’. 

(d) REQUIRED FUNCTIONS OF THE LOCAL BOARDS.—Section 117(d) 

is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘The 

functions’’ and inserting ‘‘Consistent with section 118, the functions’’; 

(2) by amending paragraph (1) to read as follows: 

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

chief elected official for the local area involved, shall develop 


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and submit a local plan to the Governor that meets the requirements in section 118. 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 development and 

submission of the local plan as described in section 

116(c)(1)(A).’’; and 

(3) in paragraph (3)(B)(i)— 

(A) in subclause (II), by inserting ‘‘or the local board’’ 

after ‘‘entity’’; 

(B) in subclause (III), by inserting ‘‘adult education, literacy and employment services’’ after ‘‘workforce investment activities’’; 

(C) in subclause (III)(ii), by adding at the end the following: ‘‘which staff, including staff of a one-stop center, 

report to and are responsible to the local board and not the 

chief elected official’’; 

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

local area’’ and inserting ‘‘in its local area over the core programs as described in this Act’’; 

(5) in paragraph (8)— 

(A) in the paragraph heading, by striking ‘‘CONNECTING’’ 

and inserting ‘‘CONVENING’’; 

(B) by striking ‘‘connecting’’ and inserting ‘‘convening’’; 

and 

(C) by adding at the end the following: ‘‘and to link 

youth, dislocated workers and others to opportunities for 

employment, internships, registered apprenticeships, or 

work-based learning’’; and 

(6) by adding at the end the following new paragraphs: 

‘‘(9) CAREER PATHWAYS DEVELOPMENT.—The local board, in 

consultation with the State board and with representatives of 

secondary, postsecondary, career and technical education, and 

adult 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. 

‘‘(10) WORKFORCE RESEARCH AND REGIONAL LABOR MARKET

ANALYSIS.—In order to assist in the development and implementation of the local plan, the local board shall coordinate 

with the State public employment services under the WagnerPeyser Act (29 U.S.C. 49 et seq.) to— 

‘‘(A) utilize 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 118(b)(1), and regularly update such information; 

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

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 labor market 

information for the region; and 


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‘‘(C) assemble and utilize 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 array of stakeholders, determines to be necessary 

to carry out its functions, including consideration of the 

workforce needs for civilian occupations important to military installations developing strategies across local areas 

that will enhance civilian employment opportunities on 

local installations. 

‘‘(11) 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 job seekers (including individuals with 

barriers to employment) in the local workforce investment 

system, including providing physical and programmatic accessibility, in accordance with section 288 and applicable 

provisions of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), to the one-stop delivery 

system; and 

‘‘(B) identify and disseminate information, in coordination with the Department of Labor and the State board, on 

proven and promising practices carried out in other local 

areas for meeting such needs. 

‘‘(12) TECHNOLOGY.—The local board shall develop strategies 

for using technology to maximize the accessibility and effectiveness of the local workforce investment system for employers, and workers and job seekers, by— 

‘‘(A) facilitating connections among the reporting systems of the one-stop partner programs to support a comprehensive workforce investment system in the local area; 

‘‘(B) facilitating access to services provided throughout 

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 

technologies that increase access to services and programs 

of the one-stop delivery system for individuals with disabilities and other barriers to employment; and 

‘‘(D) leveraging resources and capacity within the local 

workforce investment system, including resources and capacity for services for individuals with barriers to employment. 

‘‘(13) ADVERTISING.—The local board shall plan for advertising one-stop services throughout the local area. 

‘‘(14) TRANSITION.—The local board shall develop strategies 

to ensure that services provided in the local area are coordinated with and meet the transition goals and services developed for children with disabilities under section 

614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act. 

‘‘(15) LITERACY.—The local board shall ensure that one-stop 

operators in the local area develop and implement policies to 


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ensure that the literacy and English language skills of an 

adult or eligible youth are not barriers to accessing services, 

including training services, that are available to assist individuals obtain and maintain employment. 

‘‘(16) SECTOR INITIATIVES.—The local board shall develop and 

expand sector initiatives in the local area or region which may 

include the convening of industry or sector partnerships relating to in-demand industry sectors and occupations.’’. 

(e) CONTENTS OF THE LOCAL PLAN.—Section 118(b) is amended— 

(1) in paragraph (1), by striking ‘‘an identification of—’’ and 

inserting ‘‘based on a labor market study and input solicited 

from local businesses, an identification of—’’ 

(2) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively, and by inserting after 

paragraph (6) the following: 

‘‘(7) a description of how the local board will coordinate workforce investment activities carried out in the local area with 

apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et 

seq.);’’; and 

(3) by adding at the end the following: 

‘‘(12) a description of the procedure or process for implementing a priority of service for adult employment and training activities in accordance with section 134(d)(4)(E); and 

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

workforce investment activities carried out in the local area 

with employment, training, and literacy services carried out by 

public libraries.’’. 

SEC. 114. ADDITIONAL ONE-STOP PROGRAMS AND ACTIVITIES. 

Section 121 is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(B)— 

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

semicolon; 

(ii) in clause (xii), by striking the period and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(xiii) programs authorized under section 212 of the 

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

‘‘(xiv) programs authorized under part A of title IV 

of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C). 

‘‘(A) DETERMINATION BY THE GOVERNOR.— 

‘‘(i) IN GENERAL.—An entity that carries out a program referred to in subparagraph (B)(xiv) 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 onestop partners described in clause (i); and 


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‘‘(II) is provided to the Secretary and the Secretary of Health and Human Services.’’; and 

(B) in paragraph (2)(B), by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv), 

respectively; and 

(2) in subsection (e)— 

(A) by striking ‘‘If a one-stop’’ and inserting: 

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

(B) by adding at the end the following: 

‘‘(2) COLLOCATION 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, the employment 

service offices in each State and the one-stop centers established under this title shall be collocated to the extent practicable. 

‘‘(3) USE OF COMMON ONE-STOP DELIVERY SYSTEM IDENTI- FIER.—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 identifier. The identifier shall be developed by the Secretary of Labor, 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 product, 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.’’. 

SEC. 115. PROVIDERS OF TRAINING SERVICES. 

Section 122 is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(ii), by striking ‘‘or certificate’’ and inserting ‘‘recognized postsecondary credential’’; and 

(ii) in subparagraph (C), by inserting ‘‘, which may 

include joint labor-management organizations, sector 

partnerships, and eligible providers of adult education 

and literacy activities under title II if such activities 

are provided in combination with occupational skills 

training’’ before the period; and 

(B) by adding at the end the following: 

‘‘(3) INCLUSION ON LIST OF ELIGIBLE PROVIDERS.—A private 

provider described in subparagraph (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 training services described in paragraph (3). A public 

provider described in subparagraph (A) and a provider described in subparagraph (B) of paragraph (2) shall be included 

and maintained on the list of eligible providers of training 

services described in subsection (d) for so long as they comply 


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with the requirements of this section and for so long as a provider described in subparagraph (B) remains registered as described in such subparagraph.’’; 

(2) in subsection (d)(1)(A) is amended by adding at the end 

the following: 

‘‘(iii) information on the performance of the provider 

with respect to the performance accountability measures described in section 136 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; and 

‘‘(iv) information on secondary or postsecondary diploma or its recognized equivalent, or recognized postsecondary credentials received by such participants; 

and’’; 

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

following: ‘‘The list of providers shall also be based on the identified labor market needs of employers in the local area based 

on input solicited from local business and identified in the local 

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

(4) in subsection (h)— 

(A) in the subsection heading, by striking ‘‘OR CUSTOMIZED TRAINING’’ and inserting ‘‘INCUMBENT WORKER

TRAINING, CUSTOMIZED TRAINING, AND OTHER TRAINING

EXCEPTIONS’’; and 

(B) in paragraph (1), by striking ‘‘or customized training’’ 

and inserting ‘‘incumbent worker training, customized 

training, internships, and paid or unpaid work experience 

opportunities, or transitional employment’’. 

SEC. 116. YOUTH ACTIVITIES. 

(a) DEFINITION OF DISADVANTAGED YOUTH AND STATE ALLOTMENTS.—Section 127 is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—The Secretary shall use the amount appropriated under section 137(a) for a fiscal year to make allotments 

and grants in accordance with subparagraphs (A) and (B) of subsection (b)(1) and make funds available for use under section 166 

(relating to Native American programs).’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking subparagraph (A) and 

redesignating subparagraphs (B) and (C) as subparagraphs 

(A) and (B), respectively; and 

(B) in paragraph (2) by amending subparagraph (C) to 

read as follows: 

‘‘(C) DISADVANTAGED YOUTH.—Subject to paragraph (3), 

the term ‘disadvantaged youth’ means an individual who— 

‘‘(i) is age 16 through 24; and 

‘‘(ii) 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 150 percent of the poverty 

line.’’; and 


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(3) in subsection (c), by amending paragraph (2) to read as 

follows: 

‘‘(2) AMOUNT.—The amount available for reallotment for a 

program year is equal to the amount by which the unobligated 

balance from State allotments to the State at the end of the 

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

funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the 

State, for all program years before that prior program year) 

that remained available.’’. 

(b) WITHIN STATE ALLOCATIONS.—Section 128(c)(2) is amended to 

read as follows: 

‘‘(2) AMOUNT.— 

‘‘(A) IN GENERAL.—The amount available for allocation 

for a program year is equal to the amount by which the 

balance that is unobligated and unencumbered for training 

services at the end of the program year prior to the program year for which the determination is made, exceeds 10 

percent of the total amount of funds available to the local 

area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for 

all program years before that prior program year) that remained available. 

‘‘(B) BALANCE OF FUNDS.—For purposes of this paragraph, the balance that is unobligated and unencumbered 

for training services is the amount that is the difference 

between— 

‘‘(i) the total amount of funds available to the local 

area under this section for that prior program year 

consisting of the local allocation to the local area for 

such prior program year (including amounts from local 

allocations to the local area for all program years before that prior program year) that remained available; 

and 

‘‘(ii) the amount, from that total amount of available 

funds, that is obligated or encumbered (in accordance 

with generally accepted accounting principles) for 

training services during such prior program year, except that for purposes of this paragraph the amount 

included as encumbered for raining services shall not 

exceed 10 percent of the total amount of available 

funds described in clause (i).’’. 

(c) REQUIRED STATEWIDE YOUTH ACTIVITIES.—Section 129(b)(2) is 

amended— 

(1) in subparagraph (C)— 

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

accountability measures,’’ after ‘‘concentrations of eligible 

youth’’; and 

(B) by striking the period at the end and inserting ‘‘; 

and’’; and 

(2) by adding at the end the following new subparagraph: 


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

local boards, one-stop operators, and eligible providers, including support for the training or staff in evidence-based 

practices for serving eligible youth (including joint training) and facilitating remote access to services provided 

through the one-stop delivery system.’’. 

(d) LOCAL ELEMENTS AND REQUIREMENTS.—Section 129(c) is 

amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B), by striking ‘‘shall identify an’’ 

and inserting ‘‘shall identify career pathways that include 

education and employment goals’’; and 

(B) in subparagraph (C)— 

(i) in clause (i), by striking ‘‘, in appropriate cases’’; 

(ii) in clause (ii), by striking ‘‘strong linkages between academic and occupational learning’’ and inserting ‘‘activities leading to the attainment of a secondary 

school diploma or its recognized equivalent, or a recognized postsecondary credential’’; and 

(iii) in clause (iv)— 

(I) by inserting ‘‘employers, including small employers, and in-demand occupations’’ after ‘‘effective connections to’’; and 

(II) by striking subclauses (I) and (II); 

(2) in paragraph (2)— 

(A) by striking subparagraph (C) and redesignating subparagraphs (D) through (J) as subparagraphs (C) through 

(I), respectively; 

(B) in subparagraph (C) (as so redesignated)— 

(i) by striking ‘‘work experiences as appropriate,’’ 

and inserting ‘‘work experiences that include academic, area career and technical education or occupational education to ensure youth are college and career 

ready,’’; and 

(ii) after ‘‘including internships,’’ by inserting ‘‘summer employment, pre-apprenticeships programs, onthe-job training,’’; 

(C) in subparagraph (E) (as so redesignated), by inserting ‘‘such as youth service and conservation corps,’’ after 

‘‘include community service’’; 

(D) in subparagraph (F) (as so redesignated), by inserting ‘‘, financial literacy education, and entrepreneurial 

skills training’’ after ‘‘supportive services’’; and 

(E) in subparagraph (I) (as so redesignated), after 

‘‘which’’, by inserting ‘‘shall include career counseling and 

career exploration services, as appropriate, and’’; 

(3) in paragraph (3)(C), by inserting ‘‘and family members, 

mentors,’’ after ‘‘parents’’; and 

(4) by amending paragraph (4)(A) to read as follows: 

‘‘(A) IN GENERAL.—For any program year, not less than 

60 percent of the funds described in paragraph (1) shall be 

used to provide youth workforce investment activities for 

out-of-school youth.’’. 


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SEC. 117. ADULT AND DISLOCATED WORKER TRAINING ACTIVITIES. 

(a) DEFINITION OF DISADVANTAGED ADULT.—Section 

132(b)(1)(v)(IV) is amended by striking ‘‘does not exceed and all 

that follow’’ and inserting ‘‘150 percent of the poverty line.’’. 

(b) REALLOTMENT.—Section 132(c)(2) is amended to read as follows: 

‘‘(2) AMOUNT.—The amount available for reallotment for a 

program year is equal to the amount by which the unobligated 

balance from State allotments to the State at the end of the 

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

funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the 

State, for all program years before that prior program year) 

that remained available.’’. 

(c) TRANSFER AUTHORITY.—Section 133(b)(4) is amended by striking ‘‘20 percent’’ both places it appears and inserting ‘‘30 percent’’. 

(d) WITHIN STATE REALLOCATION.—Section 133(c) 2 is amended 

to read as follows: 

‘‘(2) AMOUNT.— 

‘‘(A) IN GENERAL.—The amount available for allocation 

for a program year is equal to the amount by which the 

balance that is unobligated and unencumbered for training 

services at the end of the program year prior to the program year for which the determination is made, exceeds 10 

percent of the total amount of funds available to the local 

area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for 

all program years before that prior program year) that remained available. 

‘‘(B) BALANCE OF FUNDS.—For purposes of this paragraph, the balance that is unobligated and unencumbered 

for training services is the amount that is the difference 

between— 

‘‘(i) the total amount of funds available to the local 

area under this section for that prior program year 

consisting of the local allocation to the local area for 

such prior program year (including amounts from local 

allocations to the local area for all program years before that prior program year) that remained available; 

and 

‘‘(ii) the amount, from that total amount of available 

funds, that is obligated or encumbered (in accordance 

with generally accepted accounting principles) for 

training services during such prior program year, except that for purposes of this paragraph the amount 

included as encumbered for raining services shall not 

exceed 10 percent of the total amount of available 

funds described in clause (i).’’. 

(e) USE OF UNOBLIGATED RAPID-RESPONSE FUNDS.—Section 

134(a)(2) is amended— 

(1) in subparagraph (A)— 


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(A) by redesignating clauses (i) and (ii) as subclauses (I) 

and (II), respectively; 

(B) by striking ‘‘A State shall use’’ and inserting: 

‘‘(i) IN GENERAL.—A State shall use’’; and 

(C) by adding at the end the following: 

‘‘(ii) USE OF UNOBLIGATED FUNDS.—Funds reserved 

by a Governor under section 133(a)(2) 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.’’; and 

(2) in subparagraph (B)— 

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

semicolon; 

(B) in clause (vi), by striking the period and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following new clause: 

‘‘(vii) developing, implementing, and using layoff 

aversion strategies in collaboration with appropriate 

economic development and private sector entities, for 

implementation of strategies that may include early 

identification of firms at risk of layoffs, use of 

feasability studies to assess the needs of and options 

for at-risk firms and the delivery of employment, 

training, economic development, investment and financial restructuring activities to address identified risk 

factors.’’. 

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

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

‘‘(i) IN GENERAL.—A portion’’; and 

(2) by adding at the end the following: 

‘‘(ii) ADDITIONAL COSTS OF ONE-STOP.—Subject to the 

memorandum of understanding described in section 

121(c) for the one-stop delivery system involved, in addition to the funds provided for one-stop infrastructure 

described in section 137(d), a portion of funds made 

available under Federal law authorizing the programs 

described in section 121(b) and administered by onestop 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 section 137(d), as determined in accordance with clause (iv), to the extent not inconsistent 

with the Federal law involved. Such costs shall include 

the costs of the provision of core services described in 

section 134(d)(2) applicable to each program and may 

include common costs that are not paid from the funds 

provided under section 137(d). 

‘‘(iii) SHARED SERVICES.—Costs of shared services 

may include costs of services that are authorized for 

and may be commonly provided through the one-stop 

partner programs to any individuals, such as initial 


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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. 

‘‘(iv) 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 for a one-stop center shall be determined as part of the development of the memorandum or 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.’’. 

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

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

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require an individual to 

receive core or intensive services under paragraphs (2) 

or (3), respectively, prior to receiving training services 

under this paragraph.’’; 

(2) in subparagraph (D)— 

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

semicolon; and 

(B) by adding at the end the following: 

‘‘(x) education, training, and skill upgrading for individuals to work and maintain proficiency as workplace 

learning advisors in programs sponsored by employers 

or joint labor-management partnerships.’’; 

(3) in subparagraph (E)— 

(A) by striking ‘‘In the event’’ through ‘‘priority’’ and inserting ‘‘With respect to funds allocated to a local area for 

adult employment and training activities, priority’’; 

(B) by inserting ‘‘individuals with barriers to employment’’ after ‘‘public assistance and other’’; and 

(C) by striking ‘‘making determination related to’’ and 

inserting ‘‘implementing’’; 

(4) by striking subparagraph (G) and inserting the following: 

‘‘(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 one-stop 

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; 

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cumbent worker training, entrpreneurial skills 

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 communitybased organization or another private organization 

to serve individuals with barriers to employment; 

or 

‘‘(V) the local board determines that it would be 

most appropriate to award a contract to an institution of higher education or other eligible provider of training services, including area career 

and technical education centers in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations and that 

such contract does not limit customer choice. 

‘‘(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 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).’’; and 

(5) by adding at the end the following: 

‘‘(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 

101(31) to an amount of up to 75 percent of the wage 

rate of a participant for a program carried out under 

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 

‘‘(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. 


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‘‘(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 and resources of the employer; 

‘‘(III) the likely employment opportunities available to workers who complete an on-the-job training program; 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), relation of 

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

advancement opportunities.’’. 

(h) INCUMBENT WORKER TRAINING PROGRAMS AND TRANSITIONAL

JOBS.—Section 134(e) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘; and’’ and inserting a semicolon; 

(B) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) work support activities designed to assist low-wage 

workers in retaining and enhancing employment, such as 

the provision of activities described in this section during 

nontraditional hours and the provision of child care while 

such activities are being provided.’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(4) INCUMBENT WORKER TRAINING PROGRAMS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) STANDARD RESERVATION OF FUNDS.—Except as 

provided in clause (ii), the local board may reserve and 

use not more than 15 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. 

‘‘(ii) INCREASED RESERVATION OF FUNDS.—If the local 

board determines that there is sufficient evidence that 

use of the funds reserved under clause (i) led to employee retention by and contributed to creation of new 

jobs with employers that participated in incumbent 

worker training programs, the local board may reserve 

and use not more than a total of 20 percent of such 

funds to pay for the Federal share of such costs. 

‘‘(iii) 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; 


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‘‘(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. 

‘‘(iv) 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, or a 

labor-management partnership, including joint registered 

apprenticeship programs, 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 

paid by the employer to a worker while the worker is 

attending a training program under this paragraph. 

‘‘(E) WORKER PROTECTIONS.—If an incumbent worker 

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ers are covered by a collective bargaining agreement, the 

union representing those workers will be consulted regarding the incumbent worker training program and concur 

prior to the start of the program. 

‘‘(5) TRANSITIONAL JOBS.—The local board may use not more 

than 15 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under 

subsection (c)(4) that— 

‘‘(A) are time-limited work experiences in integrated settings that are subsidized and are in the public, private, or 

nonprofit sectors for individuals with barriers to employment who are chronically unemployed, have no employment experience or have an inconsistent work history; 

‘‘(B) are combined with comprehensive employment and 

supportive services; 

‘‘(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; 

and 

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

job.’’. 

SEC. 118. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM. 

Section 136 is amended to read as follows: 

‘‘SEC. 136. UNIFIED PERFORMANCE ACCOUNTABILITY SYSTEM. 

‘‘(a) PURPOSE.—The purpose of this section is to establish shared 

performance accountability measures that apply across the core 

programs to assess the effectiveness of States and local areas in 

achieving positive outcomes for individuals served by those programs. 

‘‘(b) STATE UNIFIED PERFORMANCE ACCOUNTABILITY MEASURES.— 

‘‘(1) IN GENERAL.—For each State, the unified 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 6 of subtitle B of title I, the program of adult 

education and literacy activities authorized under title 

II, the 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— 


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‘‘(I) the percentage and number of program participants who are in unsubsidized employment 

during the second quarter after exit from the program; 

‘‘(II) the percentage and number 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 

compared to the median earnings of such participants prior to the training; 

‘‘(IV) the percentage of program participants 

who obtain a recognized postsecondary credential, 

including in a registered apprenticeship or on-thejob training program, 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, including a registered apprenticeship or on-the-job training program, that 

leads to a recognized postsecondary credential or 

a secondary school diploma or its recognized 

equivalent, or employment and who are achieving 

measurable basic 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 OF PERFORMANCE FOR ELIGIBLE YOUTH.—The primary indicators of performance 

for the youth program authorized under chapter 4 of 

this subtitle shall consist of— 

‘‘(I) the percentage and number 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 and number of program participants who are in education or training activities, or 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 

compared to the median earnings of such participants prior to the training; 

‘‘(IV) the percentage of program participants 

who obtain a recognized postsecondary credential 

described in clause (i)(IV), 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; 


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‘‘(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 a secondary school diploma or its recognized equivalent, or employment 

and who are achieving measurable basic skill 

gains toward such a secondary credential or employment; and 

‘‘(VI) the indicators of effectiveness in serving 

employers established pursuant to clause (iv). 

‘‘(iii) INDICATOR RELATING TO CREDENTIAL.—For purposes of clause (i)(IV) or (ii)(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, have been removed from public 

assistance, or are in an education or training program 

leading to a recognized postsecondary credential described in clause (i)(IV) within 1 year after exit from 

the program. 

‘‘(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) and (ii)(V), the Secretary of Labor and 

the Secretary of Education after consultation with the 

representatives described in subsection (h)(2), 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 

4 of this subtitle; 

‘‘(II) the adult program authorized under chapter 5 of this subtitle; 

‘‘(III) the dislocated worker program authorized 

under chapter 5 of this subtitle; 

‘‘(IV) the program of adult education and literacy activities authorized under title II; 


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‘‘(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 OF 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 OF STATE ADJUSTED LEVELS OF PER- FORMANCE.— ‘‘(I) FIRST 2 YEARS.—The State shall reach 

agreement with the Secretary of Labor and 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 

Secretaries shall take into 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 Secretaries 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 Secretaries 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 the difference among States in economic 

conditions (including differences in unemployment 

rates and job losses or gains in particular industries) and the characteristics of participants when 


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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 highwage and high-benefit employment, low levels of 

literacy or English proficiency, disability status, 

homelessness, ex-offender 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 reaching 

agreements with the States under clause (iv), the Secretary of labor and the Secretary of Education shall 

establish performance goals for the core programs, in 

accordance with the Government Performance and Results Act of 1993 and in consultation with States and 

other appropriate parties. Such goals shall be longterm 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 and 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 economic 

conditions and characteristics of participants (as described in clause (v)(II)) in that program during such 

program year in a such State. 

‘‘(viii) STATISTICAL ADJUSTMENT MODEL.—The Secretary of Labor and the Secretary of Education, after 

consultation with the representatives described in subsection (h)(2), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance 

for 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. 


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‘‘(C) ALTERNATE GUIDELINES FOR MEASURING PERFORMANCE FOR ENTREPRENEURIAL TRAINING SERVICES.—The Secretary of Labor shall establish alternate guidelines for 

measuring the progress of State and local performance for 

entrepreneurial training services, as authorized in section 

134(d)(4)(D)(vi) and provide the State and local Workforce 

Investment Boards with specific guidance on successful approaches to collecting performance information on entrepreneurial self employment. In determining the alternate 

guidelines, the Secretary shall consider utilizing a State’s 

waiver authority, as authorized in section 189(i)(4). 

‘‘(c) LOCAL PERFORMANCE ACCOUNTABILITY MEASURES.— 

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

under section 116, the local performance accountability measures for each of the program 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 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 ACCOUNTABILITY REPORTS.— 

‘‘(1) IN GENERAL.—Not later than 6 months after the date of 

enactment of the Workforce Investment Act of 2012, the Secretary of Labor and the Secretary of Education shall jointly 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, and to report on quantifiable benchmarks established in the State plan as described in section 112 or the State 

unified plan described in section 113 that demonstrate annual 

improvement with respect to each of the system-wide performance indicators established under subsection (j)(2) of this section. 


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‘‘(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; 

‘‘(C) the total number of participants served by each type 

of service of the programs described in subsection 

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

services provided; 

‘‘(D) the number of individuals with barriers to employment served by each type of service by each of the programs described in subsection (b)(3)(A)(ii), disaggregated 

by each subpopulation of such individuals; 

‘‘(E) the number of participants who are enrolled in more 

than 1 of the programs described in subsection (b)(3)(A)(ii); 

and 

‘‘(F) 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 (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 subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the local 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 subclauses (I) through (III) of subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation 

of such individuals; 

‘‘(C) the total number of participants served by each of 

the programs described in subclauses (I) through (III) of 

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

and training services provided; 

‘‘(D) the number of individuals with barriers to employment served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), 

disaggregated by each subpopulation of such individuals; 

‘‘(E) the number of participants who are enrolled in any 

of the programs described in subclauses (I) through (III) of 


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

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

‘‘(F) 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 to paragraph (5)(C), with respect to each program of training services, including core, intensive, and training services, 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 participants served under the 

adult and dislocated worker programs under chapter 5 of 

this subtitle; and 

‘‘(B) the number of participants served under each of the 

adult and dislocated worker programs under chapter 5 of 

this subtitle and the number of individuals with barriers 

to employment served under each of such programs, 

disaggregated by each subpopulation of such individuals. 

‘‘(5) PUBLICATION.— ‘‘(A) STATE PERFORMANCE REPORTS.—The Secretary of 

Labor and the Secretary of Education shall annually make 

publically available, including by electronic means, the 

performance reports for States and local areas containing 

the information described in paragraph (2). 

‘‘(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER PER- FORMANCE REPORTS.—The State shall make publically 

available, including by electronic means, 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. 

‘‘(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 and in accordance with 

the State unified plan. 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 

investment system. To the maximum extent practicable, the 

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vided for the Secretary of Labor and Secretary of Education 

under section 172, section 343(b)(3)(E), section 10(b) of the 

Wagner-Peyser Act (29 U.S.C. 49i(b)), 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). 

‘‘(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 investment system. The evaluations may 

include the use of control groups. 

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

‘‘(f) SANCTIONS FOR STATE FAILURE TO MEET STATE PERFORM- ANCE ACCOUNTABILITY MEASURES.— ‘‘(1) STATES.— ‘‘(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, upon request, 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 if a State fails 

to submit a report under subsection (d) for any program 

year, the Secretary of Labor or the Secretary of Education, 

as appropriate, may reduce by not more than 5 percent, 

the amount of the allotment that would (in the absence of 

this paragraph) be payable to the State under such program for the immediately succeeding program year. Such 

penalty shall be based on the degree of failure to meet 

State adjusted levels of performance. 

‘‘(2) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 

Secretary of Labor or the Secretary of Education, as appropriate, shall use any amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B), 

to provide technical assistance to the States the Secretaries determine to be appropriate to improve the performance of their 

core programs. 

‘‘(g) SANCTIONS FOR LOCAL AREA FAILURE TO MEET LOCAL PER- FORMANCE 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 of title I 

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 


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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 second 

consecutive year, the Governor shall take corrective actions, which may include development of a reorganization 

plan through which the Governor may— 

‘‘(i) require the appointment and certification of a 

new local board, consistent with the criteria established under section 117(b)(1); 

‘‘(ii) prohibit the use of eligible providers and onestop partners identified as achieving a poor level of 

performance; 

‘‘(iii) redesignate the local area in accordance with 

section 116; or 

‘‘(iv) take such other 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 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) DEFINITIONS OF INDICATORS OF PERFORMANCE.— 

‘‘(1) 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 paragraph (2), shall issue definitions for the indicators described in this section. 

‘‘(2) REPRESENTATIVES.—The representatives referred to in 

paragraph (1) 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 service individuals 

with barriers to employment, and other interested parties. 


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‘‘(i) FISCAL AND MANAGEMENT ACCOUNTABILITY INFORMATION

SYSTEMS.— 

‘‘(1) WAGE RECORDS.—In measuring the progress of the State 

across all core programs as identified in section 136(b)(2)(A) 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). 

‘‘(2) 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). 

‘‘(j) SYSTEM-WIDE IMPROVEMENTS.— 

‘‘(1) PURPOSE.—The purpose of this subsection is to establish 

system-wide improvements across all programs to enhance 

data collection, ensure accountability and increase administrative efficiencies in employment and training programs that will 

expand the capacity and improve the performance of the workforce system. 

‘‘(2) DEVELOPMENT AND IMPLEMENTATION.— 

‘‘(A) IN GENERAL.—The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop systemwide performance measures across the one-stop partner 

programs described in section 121(b) to measure the collective effectiveness of the workforce investment system in 

aligning and coordinating the core programs and other 

one-stop partner programs, employers as a meaningful system partner to address businesses and other employer immediate and long-term skilled workforce needs in in-demand, high-growth, and other occupations important to a 

State, regional, or local economy, expanding access to education and training for participants (including participants 

with barriers to employment), and establishing or 

strengthening credential attainment and measurement 

strategies. Not later than the beginning of the third program year, the Secretary of Labor and the Secretary of 

Education after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance accountability measures. 

‘‘(B) BENCHMARKS.—Not later than the beginning of the 

third program year, each State shall include in the State 

plan described in section 112 or the State unified plan described in section 113 quantifiable benchmarks that demonstrate annual improvement with respect to each of the 

system-wide performance indicators established under this 

section. 

‘‘(C) REQUIREMENTS.—For each State, the system-wide 

performance accountability measures shall consist of— 

‘‘(i) the indicators of performance described in paragraph (3) (A) through (D); 


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‘‘(ii) any other indicators established by the Secretary of Labor and the Secretary of Education in consultation with the representatives described in subsection (h)(2); and 

‘‘(iii) a State adjusted level of performance for each 

indicator described in paragraph (3). 

‘‘(3) INDICATORS OF PERFORMANCE.—The indicators of system-wide performance shall be measured from baseline data 

collected in the first year after the date of enactment of this 

subsection and shall consist of the following: 

‘‘(A) INDICATORS OF EFFECTIVENESS IN ENGAGING EM- PLOYERS AS A SYSTEM PARTNER.—The State indicators of 

effectiveness in serving employers shall at a minimum consist of— 

‘‘(i) the number and percentage of employers in the 

State using one-stops; 

‘‘(ii) the total number of returning employers in the 

State using one-stops and one-stop partner program 

services, including training; 

‘‘(iii) the number of training modules created for specific employers or groups of employers; and 

‘‘(iv) the size of each employer in the State using 

one-stops and one-stop partner programs services. 

‘‘(B) INDICATORS OF EXPANDED ACCESS TO TRAINING SERV- ICES.—The State indicators of expanded access to training 

services shall at a minimum consist of— 

‘‘(i) the number and percentage of participants who 

received training or education services under a onestop partner program; 

‘‘(ii) the number and percentage of participants and 

youth with barriers to employment who received services from a one-stop partner program resulting in 

entry into an education and training program that 

leads to employment or a recognized postsecondary 

credential; 

‘‘(iii) the total number and percentage of participants concurrently enrolled in two or more core programs, or in at least one other one-stop partner program; 

‘‘(iv) the number and percentage of participants engaged in career pathways; and 

‘‘(v) the total number and percentage of participants 

who are enrolled and whose training is co-funded by 

Pell grants or other sources of financial aid. 

‘‘(C) INDICATORS OF CREDENTIAL ATTAINMENT AND MEASUREMENT.—The State indicators of credential attainment 

and measurement shall at a minimum consist of the total 

number and percentage of recognized postsecondary credentials earned during the program year by, or awarded 

to, participants of programs described in section 

136(b)(3)(A)(i). 

‘‘(D) ADDITIONAL INDICATORS.—A State may identify in a 

State plan additional system-wide performance accountability indicators. 

‘‘(4) LEVELS OF PERFORMANCE.— 


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‘‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR SYS- TEM-WIDE PERFORMANCE ACCOUNTABILITY INDICATORS.— ‘‘(i) IN GENERAL.—For each State submitting a State 

plan under section 112 or section 113, there shall be 

established, in accordance with this paragraph, levels 

of performance for each of the system-wide performance accountability indicators that shall measure aggregate performance for the programs referred to in 

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

programs referred to in section 121(b)(2)(B). 

‘‘(ii) IDENTIFICATION IN STATE PLAN.—Prior to the 

third program year after enactment of this Act, each 

State shall identify, in the State plan, expected levels 

of performance for each of the corresponding systemwide performance accountability indicators under subsection (j)(2) for each of the third and fourth program 

years covered by the State plan. 

‘‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF

PERFORMANCE.—The State shall reach agreement with 

the Secretary of Labor and the Secretary of Education 

on levels of performance for each indicator under subsection (j)(2) for each of the third and fourth program 

years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under 

clause (ii), and may take into account the factors described in subsection (c)(3)(A)(v). 

‘‘(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 subsection (j)(2)(E). Such levels shall be 

considered the State adjusted levels of performance for 

purposes of this section. 

‘‘(C) FAILURE TO MEET SYSTEM-WIDE PERFORMANCE AC- COUNTABILITY MEASURES.—If a State fails to meet State 

adjusted levels of performance relating to indicators described in paragraph (3) for any program year the Secretary of Labor and the Secretary of Education shall, upon 

request, provide technical assistance, including assistance 

in the development of a performance improvement plan. 

‘‘(5) REPORTS.—Not later than 1 year after the date of the enactment of the Workforce Investment Act of 2012, the Secretary of Labor shall report to the Committee on Education 

and the Workforce on the indicators described in paragraph (2) 

of this section and provide recommendations to the Committee 

on improving coordination and increasing efficiencies in onestop partner programs.’’. 

SEC. 119. AUTHORIZATION OF FUNDING FOR ONE-STOP INFRASTRUCTURE. 

Section 137 is amended by adding at the end the following: 

‘‘(d) ONE-STOP INFRASTRUCTURE.— 

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

funds authorized under subsections (a), (b), and (c), there is authorized to be appropriated an additional amount equal to 3 

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sections, for costs of infrastructure including rental costs and 

other expenses associated with establishing and maintaining 

one-stop centers in accordance with section 121. 

‘‘(2) ALLOTMENT.—The Secretary shall allot the funds appropriated pursuant to paragraph (1) for each fiscal year among 

the States as follows: 

‘‘(A) Two-thirds of such sums shall be allotted on the 

basis of the relative number of individuals in the civilian 

labor force in each State as compared to the total number 

of such individuals in all States. 

‘‘(B) One-third of such sums shall be allotted on the 

basis of the relative number of unemployed individuals in 

each State as compared to the total number of such individuals in all States. 

For purposes of this paragraph, the number of individuals in 

the civilian labor force and the number of unemployed individuals shall be based on data for the most recent calendar year 

available, as determined by the Secretary.’’. 

Subtitle C—Job Corps 

SEC. 131. PURPOSES. 

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

‘‘(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— 

‘‘(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; and 

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

SEC. 132. DEFINITIONS. 

Section 142 is amended— 

(1) in paragraph (2)— 

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

(B) by striking ‘‘intake’’ and inserting ‘‘assessment’’; and 

(C) by striking ‘‘a Jobs Corps center’’ and inserting ‘‘support the purposes of the Jobs Corps’’; 

(2) in paragraph (4), by striking ‘‘before completing the requirements’’ and all that follows and inserting ‘‘prior to becoming a graduate.’’; 

(3) in paragraph (5), by striking ‘‘has completed the requirements’’ and all that follows and inserting the following: ‘‘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 

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ment leading to economic self-sufficiency or entrance into postsecondary education or training.’’; 

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

office of the Employment and Training Administration’’ and inserting ‘‘defined by the Secretary’’; and 

(5) by adding at the end the following: 

‘‘(11) STATE.—The term ‘State’ means any of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, Guam, the Virgin Islands, the Commonwealth of the 

Northern Mariana Islands, and American Samoa.’’. 

SEC. 133. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

Section 144 is amended by adding at the end the following: 

‘‘(4) SPECIAL RULE FOR VETERANS.—Notwithstanding the requirement of paragraph (2), a veteran of the Armed Forces 

shall be eligible to become an enrollee under this section if the 

individual— 

‘‘(A) meets the requirements of paragraphs (1) and (3); 

and 

‘‘(B) does not meet the requirement of paragraph (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. 134. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT 

OF ENROLLEES. 

Section 145 is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (C)(i), by striking ‘‘vocational’’ and 

inserting ‘‘career and technical education and training’’; 

and 

(B) by amending subparagraph (E) to read as follows: 

‘‘(E) assure appropriate representation of enrollees from 

urban areas and from rural areas.’’; 

(2) in subsection (a)(3)— 

(A) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; 

(B) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(D) child welfare agencies that are responsible for children in foster care and children eligible for assistance 

under section 477 of the Social Security Act (42 U.S.C. 

677).’’; 

(3) in subsection (b)(1)(B), by inserting ‘‘and agrees to such 

rules’’ after ‘‘failure to observe the rules’’; 

(4) in subsection (c)— 

(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘an assignment’’ and inserting ‘‘a’’; 

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘the Secretary shall, every 2 years, 

analyze, for the Job Corps center—’’ and inserting ‘‘every 

2 years the Secretary, in consultation with operators of Job 

Corps centers, shall analyze relevant factors relating to 

each Job Corps center, including—’’; 


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(C) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; 

(D) in subparagraph (C)— 

(i) by inserting ‘‘the education, training, and supportive’’ after ‘‘including’’; and 

(ii) by adding ‘‘and’’ after the semicolon; and 

(E) by adding at the end the following: 

‘‘(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).’’; and 

(5) in subsection (d)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘is closest to the home of the enrollee, except 

that the’’ and inserting ‘‘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’’; and 

(ii) by striking subparagraph (A) and redesignating 

subparagraphs (B) and (C) as subparagraphs (A) and 

(B), respectively; and 

(B) in paragraph (2), by striking ‘‘to the home of’’ and inserting ‘‘to the home of that offers the career and technical 

education and training desired by’’. 

SEC. 135. ENROLLMENT. 

Section 146(b) is amended— 

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

(2) by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following: 

‘‘(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’’. 

SEC. 136. JOB CORPS CENTERS. 

Section 147 is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘vocational’’ both 

places it appears and inserting ‘‘career and technical’’; 

and 

(ii) in subparagraph (B), by inserting ‘‘, or other entity with the necessary capacity,’’ after ‘‘local entity’’; 

and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘subsections (c) 

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ministrative Services Act of 1949 (41 U.S.C. 253)’’ and 

inserting ‘‘subsections (a) and (b) of section 3304 of 

title 41, United States Code,’’; and 

(ii) in subparagraph (B)(i)— 

(I) in subclause (II), by striking ‘‘vocational’’ and 

inserting ‘‘career and technical education and’’; 

(II) in subclause (III), by striking ‘‘is familiar 

with the surrounding communities,’’ and inserting 

‘‘demonstrates relationships with the surrounding 

communities, employers, labor organizations, 

workforce boards,’’; and 

(III) by amending subclause (IV) to read as follows: 

‘‘(IV) the performance of the entity, if any, relating to operating or providing activities described 

in this subtitle to a Job Corps center, including 

the entity’s demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in 

section 136(b)(2)(A)(ii).’’; and 

(2) by amending subsection (c) to read as follows: 

‘‘(c) 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 and regulations. The Secretary of Agriculture shall 

ensure that with respect to the provision of such 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.’’. 

SEC. 137. PROGRAM ACTIVITIES. 

Section 148 is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.— 

‘‘(1) IN GENERAL.—Each Job Corps center shall provide enrollees with an intensive, organized, and 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, and counseling, which may include information about financial literacy. Each Job Corps center shall 


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provide enrollees assigned to the center with access to core 

services described in section 134(c)(2) and the intensive services described in section 134(c)(3). 

‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— ‘‘(A) IN GENERAL.—The activities provided under this 

subsection shall be targeted to helping enrollees, on completion of their enrollment— 

‘‘(i) secure and maintain meaningful unsubsidized 

employment; 

‘‘(ii) enroll in and complete secondary education or 

postsecondary education or training programs, including other suitable career and technical education and 

training, and registered apprenticeship programs; or 

‘‘(iii) satisfy Armed Forces requirements. 

‘‘(3) LINK TO EMPLOYMENT OPPORTUNITIES.—The career and 

technical education and training provided shall be linked to 

the employment opportunities in the local area in which the 

enrollee intends to seek employment after graduation.’’; 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘EDUCATION

AND VOCATIONAL’’ and inserting ‘‘ACADEMIC AND CAREER

AND TECHNICAL EDUCATION AND’’; 

(B) by striking ‘‘education and vocational’’ and inserting 

‘‘career and technical education’’; 

(C) by striking ‘‘vocational educational’’ and inserting 

‘‘career and technical educational’’; and 

(D) by striking ‘‘or technical institutes’’ and inserting 

‘‘technical institutes, or national service providers’’; 

(3) in subsection (c)— 

(A) by amending paragraph (2) to read as follows: 

‘‘(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.’’; and 

(B) in paragraph (3), by striking ‘‘Each year,’’ and inserting ‘‘The Secretary shall develop standards by which’’; and 

(4) by amending subsection (d) to read as follows: 

‘‘(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. 

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.’’. 

SEC. 138. SUPPORT. 

Section 150(b) is amended— 

(1) in the subsection heading, by striking ‘‘READJUSTMENT

ALLOWANCES’’ and inserting ‘‘TRANSITION ALLOWANCES AND

SUPPORT’’; 

(2) in paragraph (1)— 

(A) in the paragraph heading, by striking ‘‘GRADUATES’’ 

and inserting ‘‘ALLOWANCES FOR GRADUATES’’; 


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(B) in the first sentence, by striking ‘‘readjustment’’ and 

inserting ‘‘transition’’; and 

(C) by striking the second and third sentences, and inserting the following: ‘‘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.’’; and 

(3) by amending paragraph (2) to read as follows: 

‘‘(2) TRANSITION SUPPORT FOR FORMER ENROLLEES.—The Secretary may arrange for the provision of 3 months of employment services for former enrollees.’’. 

SEC. 139. COMMUNITY PARTICIPATION. 

Section 153 is amended— 

(1) by amending subsections (a) and (b) to read as follows: 

‘‘(a) BUSINESS AND COMMUNITY PARTICIPATION.—The director of 

each Job Corps center shall ensure the establishment and development of the business and community networks described in subsection (b) in order to enhance the effectiveness of such centers. At 

centers where a national training contractor provides career and 

technical education training, and has direct and long-standing linkages to registered apprenticeship programs or affiliated national 

employer groups, the national training contractor shall have the 

lead in maintaining networks with the programs described in 

clauses (ii) and (iii) of subsections (b)(1)(C). 

‘‘(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 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) youth programs; 

‘‘(ii) registered apprenticeship programs, 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.’’; and 

(2) in subsection (c)— 

(A) by striking ‘‘Liaison for’’ and inserting ‘‘director of a’’; 

and 


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(B) by striking ‘‘establish and develop’’ and inserting ‘‘ensure the establishment and development of’’. 

SEC. 140. INDUSTRY COUNCILS. 

Section 154 is amended— 

(1) in subsection (a), by striking ‘‘after consultation with the 

Liaison’’; and 

(2) in subsection (b)— 

(A) in paragraph (1)(A)(ii), by striking ‘‘area’’ and inserting ‘‘areas in which enrollees will be seeking employment’’; 

(B) by adding after paragraph (2) the following: 

‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The industry 

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 

116(b), the industry council shall include a representative of 

the State Board.’’; and 

(C) in subsection (c), by striking ‘‘vocational’’ each place 

it appears and inserting ‘‘career and technical education 

and’’. 

SEC. 141. EXPERIMENTAL, RESEARCH, AND DEMONSTRATION 

PROJECTS AND COLLEGE CORPS PROGRAM. 

(a) MISCELLANEOUS AMENDMENTS.—Section 156 is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN GENERAL.—The Secretary’’; 

(2) by striking ‘‘program and may waive’’ and inserting ‘‘program. The Secretary may waive’’; and 

(3) by inserting before the period the following: ‘‘if the Secretary informs the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and the Workforce of the House of Representatives, in writing, 

not less than 90 days in advance of issuing such waiver.’’. 

(b) COLLEGE CORPS.—Section 156 is further amended by adding 

at the end the following new subsection: 

‘‘(b) COLLEGE CORPS.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Labor and the Secretary of Education shall jointly establish a demonstration 

project under this section to be known as the ‘College Corps’ 

that provide at-risk youth intensive education and skills training in order to prepare such youth for college and for highskilled employment that can only be achieved with a college 

degree. 

‘‘(2) SELECTION OF SITES.—The Secretary of Labor and the 

Secretary of Education shall jointly select sites to participate, 

on a competitive basis, from among underperforming Jobs 

Corps centers in areas with low levels of college attainment. 

‘‘(3) ELIGIBLE OPERATORS.—The Secretary shall select College 

Corps center operators on a competitive basis from among nonprofit organizations with prior success operating high-performing, college and career-ready education residential programs for at-risk young people. 

‘‘(4) ADMINISTRATION PROJECTS.— 


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‘‘(A) IN GENERAL.—The Secretary shall administer the 

College Corps sites in collaboration with the Secretary of 

Education with the development of an interagency agreement that identifies the duties and responsibilities of the 

Departments under these projects. 

‘‘(B) PARTNERSHIPS.—As part of the interagency agreement, the Secretary of Education will be responsible for 

partnering with a State or local education agency for the 

purposes of granting a high school diploma that adheres to 

college and career ready standards and accessing State 

and local education dollars. 

‘‘(C) DEADLINE.—A grant, contract, or cooperative agreement to operate at least one center shall be awarded to an 

eligible operative within 1 year from enactment. 

‘‘(5) ELIGIBLE PARTICIPANTS.—Individuals eligible to participate in College Corps projects under this subsection shall be 

low-income youth who are in 6th or 7th grade at the time they 

begin participation who meet at least two of the following criteria: 

‘‘(A) Have a record of suspensions, office referrals, or 

chronic truancy. 

‘‘(B) Have failed to achieve proficiency on State assessment in mathematics, reading, or both. 

‘‘(C) Live in a household that is headed by a single parent or non-custodial parent. 

‘‘(D) Is homeless or is a foster child. 

‘‘(E) Live in a household that is public housing or receives public housing assistance. 

‘‘(F) Have an immediate family member who is or has 

been incarcerated.’’. 

SEC. 142. TECHNICAL AMENDMENT. 

Section 158(c)(1) is amended by striking ‘‘title II of the Federal 

Property and Administrative Services Act of 1949 (40 U.S.C. 481 

et seq.)’’ and inserting ‘‘chapter 5 of title 40, United States Code,’’. 

SEC. 143. PERFORMANCE ACCOUNTABILITY AND MANAGEMENT. 

Section 159 is amended— 

(1) in the section heading, by striking ‘‘MANAGEMENT INFORMATION’’ and inserting ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGEMENT’’; and 

(2) by striking subsections (c) through (f), redesignating subsection (g) as subsection (j), and inserting after subsection (b) 

the following: 

‘‘(c) INFORMATION ON INDICATORS OF PERFORMANCE.— ‘‘(1) LEVELS OF PERFORMANCE AND INDICATORS.—The Secretary shall annually establish expected levels of performance 

for Job Corps centers and the Job Corps program relating to 

each of the primary indicators of performance for eligible youth 

activities described in section 136(b)(2)(A)(ii). 

‘‘(2) PERFORMANCE OF RECRUITERS.—The Secretary shall also 

establish performance indicators, and expected performance 

levels on the performance indicators, for recruitment service 

providers serving the Job Corps program. The performance indicators shall relate to the number of enrollees recruited, compared to the established goals for such recruitment, and the 


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number of enrollees who remain committed to the program for 

90 days after enrollment. 

‘‘(3) PERFORMANCE OF CAREER TRANSITION SERVICE PROVIDERS.—The Secretary also shall establish performance indicators, and expected levels of performance for such indicators, 

for local and national career transition service provides serving 

the Job Corps program. The performance indicators shall include the number of graduates and former enrollees— 

‘‘(A) who entered an unsubsidized employment related to 

the training they received at Job Corps and their average 

wage; and 

‘‘(B) who entered other types of unsubsidized employment, the military, postsecondary education, or advanced 

training programs, including registered apprenticeship 

programs, and their average wage, if applicable. 

‘‘(4) REPORT.—The Secretary shall collect, and annually 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, a report containing— 

‘‘(A) information on the performance of each Job Corps 

center, and the Job Corps program, on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance accountability measure; and 

‘‘(B) information on the performance of the service providers described in paragraph (2) on the performance indicators established under such paragraph, as compared to 

the expected performance levels for the performance indicators. 

‘‘(d) ADDITIONAL INFORMATION.— 

‘‘(1) IN GENERAL.—The Secretary shall also collect, and submit in the report described in subsection (c), information on the 

performance of each Job Corps center, and the Job Corps program, regarding— 

‘‘(A) the number of enrollees entering and completing by 

field of education or training; 

‘‘(B) demographic information on the enrollees served, 

including age, race, gender, and education and income 

level; 

‘‘(C) the number of graduates who entered the Armed 

Forces; 

‘‘(D) 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; 

‘‘(E) the starting hourly wages of graduates and whether 

they receive other forms of compensation and benefits; 

‘‘(F) the number and percentage of former enrollees, including the number dismissed under the zero tolerance 

policy described in section 152(b); and 

‘‘(G) any additional information required by the Secretary. 


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‘‘(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 136(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 one-year period, including— 

‘‘(A) providing technical assistance to the center; 

‘‘(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), the Secretary, in consultation with the Secretary of Agriculture, may select an entity to operate a Civilian Conservation Center on a competitive 

basis, in accordance with the requirements of section 

147(a)(2)(B). 

‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Secretary shall require that an entity that has entered into a contract with a Job 

Corps operator 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 (20 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. 


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‘‘(h) BUILDINGS AND FACILITIES.—The Secretary shall collect, and 

submit in the report described in subsection (c), 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) available information 

regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers.’’. 

SEC. 144. AUTHORIZATION OF APPROPRIATIONS. 

Section 161 is amended by striking ‘‘fiscal years 1999 through 

2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

Subtitle D—National Programs 

SEC. 151. NATIVE AMERICAN PROGRAMS. 

Section 166 is amended— 

(1) in subsection (a)(1)(B), by inserting ‘‘and to equip them 

with the entrepreneurial skills necessary for successful self-employment’’ after ‘‘workforce’’; 

(2) in subsection (c)(2), by adding at the end the following: 

‘‘The Secretary may exercise the waiver authority of the preceding sentence not more than once during any 4-year period 

with respect to any single recipient.’’; 

(3) in subsection (d)— 

(A) in paragraph (1)(B)— 

(i) by inserting ‘‘Alaska Natives’’ after ‘‘Indians’’; 

(ii) by striking ‘‘unsubsidized’’; and 

(iii) by inserting ‘‘leading to self-sufficiency and the 

development of the academic, occupational, and literacy skills of such individuals’’ before the period; and 

(B) in paragraph (2)— 

(i) in subparagraph (A)(i), by inserting ‘‘, including 

training on entrepreneurial skills’’ before the semicolon; and 

(ii) in subparagraph (A)(ii), by inserting ‘‘Alaska Native’’ after ‘‘Indian’’; 

(4) in subsection (e)— 

(A) in paragraph (3)— 

(i) by striking ‘‘unsubsidized’’; and 

(ii) by inserting ‘‘leading to self-sufficiency’’ before 

the semicolon; and 

(B) in paragraph (5)— 

(i) by inserting ‘‘accountability’’ after ‘‘performance’’; 

and 

(ii) by inserting ‘‘, which shall include the primary 

indicators of performance described in section 

136(b)(2)(A) and expected levels of performance for 

such indicators, in accordance with subsection (h)’’ before the period; 


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(5) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively, and inserting after subsection (g) the following new subsection: 

‘‘(h) PERFORMANCE ACCOUNTABILITY MEASURES.— 

‘‘(1) ADDITIONAL PERFORMANCE INDICATORS AND STANDARDS.— 

‘‘(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 

136(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. 

‘‘(C) 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 136(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 

136(b)(3)(A)(viii). The levels agreed to shall be the adjusted 

levels of performance and shall be incorporated in the program plan.’’; 

(6) in subsection (i) (as so redesignated)— 

(A) in paragraph (2)(A)— 

(i) by striking ‘‘performance measures’’ and inserting 

‘‘regulations relating to the performance accountability 

measures’’; and 

(ii) by striking ‘‘such subsection, taking into account 

the economic circumstances of such entities’’ and inserting ‘‘this section’’; and 

(B) in paragraph (4)(A), by inserting ‘‘and to provide the 

advice described in subparagraph (C)’’ before the period; 

and 

(7) in subsection (k) (as so redesignated)— 

(A) in paragraph (1) by striking ‘‘American Samoans who 

reside in Hawaii for the co-location of federally funded and 

State-funded’’ and inserting ‘‘the Cook Inlet Tribal Council, 

Incorporated, and the University of Hawaii at Maui, for 

the unique populations who reside in Alaska or Hawaii, respectively, to improve job training and’’; and 

(B) in paragraph (2), by striking ‘‘fiscal year 1999’’ and 

inserting ‘‘each of fiscal years 2013 through 2017’’. 


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SEC. 152. MIGRANT AND SEASONAL FARMWORKER PROGRAMS. 

Section 167 is amended— 

(1) in subsection (b)— 

(A) by inserting ‘‘and deliver’’ after ‘‘administer’’; and 

(B) by inserting ‘‘workforce investment’’ after ‘‘including 

youth’’; 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘identify’’ and inserting ‘‘describe 

the population to be served and identify’’; and 

(II) by inserting ‘‘, including upgraded employment in agriculture’’ before the semicolon; 

(ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; 

(iii) in subparagraph (C)— 

(I) by striking ‘‘indicators of performance’’ and 

inserting ‘‘performance accountability measures’’; 

and 

(II) by inserting ‘‘, which shall include the expected levels of performance for the primary indicators of performance described in section 

136(b)(2)(A)’’ before the semicolon; and 

(iv) by inserting after subparagraph (C) the following new subparagraphs: 

‘‘(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 one-stop 

delivery systems.’’; 

(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following new paragraph: 

‘‘(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 

136(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 136(b)(3)(A)(viii). The levels agreed 

to shall be the adjusted levels of performance and shall be incorporated in the program plan.’’; and 

(C) in paragraph (5)(B) (as so redesignated)— 

(i) by striking ‘‘grant or contract’’ the first place it 

appears and inserting ‘‘grant, contract, or agreement’’; 

(ii) by striking ‘‘under the terms of the grant agreement or contract’’; 

(iii) by striking ‘‘requirement’’ and inserting ‘‘requirements’’; 


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(iv) by striking ‘‘plan described in paragraph (1)’’ 

and inserting ‘‘program plan’’; and 

(v) by striking ‘‘grant or contract’’ the second place 

it appears and inserting ‘‘period of the grant, contract, 

or agreement’’; 

(3) by amending subsection (d) to read as follows: 

‘‘(d) AUTHORIZED ACTIVITIES.—Funds made available under this 

section and section 127 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 activities; 

‘‘(2) followup services for those individuals placed in employment; 

‘‘(3) self-employment and related business or micro-enterprise development 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 longterm 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.’’; 

(4) by amending subsection (f) to read as follows: 

‘‘(f) REGULATIONS.—The Secretary shall establish 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).’’; 

(5) in subsection (g), by striking ‘‘(enacted by the Single 

Audit Act of 1984)’’; and 

(6) by amending subsection (h) and deleting subsection (i) to 

read as follows: 

‘‘(h) FUNDING ALLOCATION.—From the funds appropriated and 

made available to carry out this section, the Secretary may reserve 

not more than 1 percent for national purposes, such as providing 

technical assistance to eligible entities.’’. 

SEC. 153. VETERANS WORKFORCE INVESTMENT PROGRAMS. 

Section 168 is amended— 

(1) in subsection (a)(3)(A), by inserting ‘‘, including services 

provided by one-stop operators and one-stop partners’’ before 

the semicolon; 

(2) in subsection (b)(2)(A), by inserting ‘‘accountability’’ after 

‘‘performance’’; and 

(3) by adding at the end of subsection (b) the following new 

paragraph: 

‘‘(3) PERFORMANCE ACCOUNTABILITY MEASURES.—In carrying 

out the responsibilities relating to performance accountability 

measures described in paragraph (2)(A), the Assistant Secretary for Veterans’ Employment and Training shall, for each 


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grant or contract under this section providing education, training, or employment services to veterans, include among such 

measures the primary indicators of performance described in 

section 136(b)(2)(A)(i) and adjusted levels of performance for 

each such indicator that are agreed to by the Assistant Secretary and the recipient of the grant or contract.’’. 

SEC. 154. REPEAL. 

Section 169 is repealed. 

SEC. 155. TECHNICAL ASSISTANCE. 

Section 170 is amended by adding at the end the following new 

subsection: 

‘‘(c) PROMISING AND PROVEN PRACTICES COORDINATION.—Consistent with the identification and dissemination of promising and 

proven practices under subtitle B of title I, the Secretary shall— 

‘‘(1) establish a system through which States and local areas 

share information regarding promising and proven practices 

with 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 170(c) to address 

knowledge gaps identified under paragraph (2).’’. 

SEC. 156. INNOVATION PROJECTS. 

Section 171 is amended— 

(1) in the section heading, by striking ‘‘DEMONSTRATION, 

PILOR, MULTISERVICE, RESEARCH AND 

MULTISTATE PROJECTS’’ and inserting ‘‘INNOVATION 

PROJECTS’’; 

(2) by amending subsections (b) and (c) to read as follows: 

‘‘(b) INNOVATION PROJECTS.— 

‘‘(1) IN GENERAL.—The Secretary shall, through grants or 

contracts, carry out demonstration and pilot projects that are 

consistent with the priorities specified in the plan published 

under subsection (a) and that are for the purposes of developing and implementing techniques and approaches, and demonstrating the effectiveness of specialized methods, in addressing employment and training needs. Such projects shall— 

‘‘(A) include the provision of direct services to individuals; 

‘‘(B) be subject to measures of performance that include 

the primary indicators of performance described in section 

136(b)(2)(A) as well as other appropriate indicators; and 

‘‘(C) include an evaluation component as appropriate to 

the program design. 

‘‘(2) TYPES OF PROJECTS.—Such projects may include— 

‘‘(A) projects that assist employers in connecting with 

the workforce investment system established under this 

Act in order to facilitate the recruitment, employment, and 

retention of workers for jobs with career pathways and to 

provide information to such system on skills and highgrowth occupations; 

‘‘(B) projects that focus on opportunities for employment 

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encing, or are likely to experience, high rates of growth, including health care and advanced manufacturing sectors, 

and have jobs with wages and benefits leading to economic 

self-sufficiency; 

‘‘(C) projects that focus on local partnerships of industry, 

labor, community colleges, area career and technical education centers community-based organizations, and economic development organizations, to promote opportunities 

for dislocated workers and long-term unemployed to receive training and related services for employment and access to career ladders in high-demand sectors; 

‘‘(D) projects to determine the feasibility 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; 

‘‘(E) projects to develop and implement promising or 

proven approaches and technologies, including the use of 

distance education and activities to increase the digital literacy of older individuals, in order to deliver employment 

related, work-based training services and recognized postsecondary credentials; 

‘‘(F) projects that provide retention grants, which grants 

shall— 

‘‘(i) be provided to job training and apprenticeship 

programs that have demonstrated expertise in serving 

low-income individuals and that offer instruction, assessment, and professional coaching, for each low-income individual who is retained in such employment 

with such employer for a period of 1 year; and 

‘‘(ii) be provided taking into account the economic 

benefit received by the Federal Government from the 

employment and retention of the individual, including 

the economic benefit from tax revenue and decreased 

public subsidies; 

‘‘(G) projects utilizing a pay-for-performance approach 

for providers of education, training, and employment services to individuals with barriers to employment, including 

services targeted to addressing the specific challenges and 

conditions that have created barriers for participants in 

programs under this Act; 

‘‘(H) projects that provide comprehensive education and 

training services, and support services, in coordination 

with local boards, for populations in targeted high poverty 

areas where the greatest barriers to employment exist, including ex-offenders, out-of-school youth, and public assistance recipient populations; and 

‘‘(I) projects that seek to replicate exemplary youth programs that have demonstrated effectiveness in 2 or more 

noncontiguous local areas in preparing youth for success in 

the workforce. 

‘‘(3) CONDITIONS.— 

‘‘(A) COMPETITIVE AWARDS.—Grants or contracts awarded for carrying out demonstration and pilot projects under 


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this subsection shall be awarded on a competitive basis 

and in accordance with generally applicable Federal requirements. 

‘‘(B) TIME LIMITS.—The Secretary shall establish appropriate time limits for carrying out demonstration and pilot 

projects under this subsection.’’; 

(3) in subsection (e)(7), by striking ‘‘(Public Law 109–58)’’ 

and inserting ‘‘(42 U.S.C. 15852)’’; and 

(4) by adding at the end the following: 

‘‘(f) SMALL BUSINESS LIAISON PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT OF SMALL BUSINESS LIAISON PILOT PRO- GRAM.—The Secretary may award competitive grants to local 

boards, community colleges, postsecondary vocational institutions, community-based organizations, and apprenticeship programs, including joint labor-management training programs, in 

States and outlying areas to promote local economic growth 

and eliminate gaps between the workforce skills available and 

the workforce skills needed in local areas or regions. 

‘‘(2) APPLICATION.—To receive a grant under this subsection 

a local board, community college, or postsecondary vocational 

institution in a State or outlying area shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require. 

‘‘(3) SPECIFICATIONS OF GRANTS.— ‘‘(A) TIME PERIOD.—A grant shall be used over a 36- 

month period. 

‘‘(B) AMOUNT OF GRANT.—In determining the amount of 

a grant made under this subsection, the Secretary may 

consider— 

‘‘(i) the ability of the grant applicant to conduct outreach activities; 

‘‘(ii) the ability of the grant applicant to conduct 

skills gap assessments; 

‘‘(iii) the extent to which the grant applicant works 

with or, after implementing a strategic skills gap action plan, plans to work with small businesses within 

its local area or region; and 

‘‘(iv) any other factor that the Secretary deems appropriate. 

‘‘(C) LIMITATIONS.— 

‘‘(i) A recipient may not receive more than one grant 

under this subsection. 

‘‘(ii) No grant under this subsection may be for an 

amount more than $500,000. 

‘‘(iii) The Secretary shall, in determining whether to 

award a grant, consider the geographic diversity of 

grant recipients. 

‘‘(D) USE OF FUNDS.— 

‘‘(i) IN GENERAL.—A local board, community college, 

or postsecondary vocational institution that receives a 

grant under this subsection shall use the grant funds 

to pay for a new or current employee to serve as liaison to conduct activities described in clause (ii). 

‘‘(ii) SMALL & LOCAL BUSINESS LIAISON.—The liaison— 


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‘‘(I) shall— 

‘‘(aa) prepare a strategic action skills gap 

assessment; 

‘‘(bb) develop a strategic skills gap action 

plan; and 

‘‘(cc) conduct any other activity that the 

Secretary deems appropriate for the purposes 

of this subsection; and 

‘‘(II) may— 

‘‘(aa) engage in outreach in the local area or 

region; 

‘‘(bb) conduct business site visits, interviews, and assessments; 

‘‘(cc) consult in the implementation of the 

skills action plan; 

‘‘(dd) complete more than 1 skills gap action 

plan; and 

‘‘(ee) consult with the local offices of the 

Small Business Administration. 

‘‘(iii) PROHIBITION.—A grant received under this subsection may not be used to supplant existing funding 

or efforts. 

‘‘(E) CONFIDENTIALITY OF INFORMATION.—The grant recipient may not disclose the name, address, or contact information of a business, employer, or other person that 

provided information to the grant recipient to compile information in the strategic skills gap assessment or strategic skills gap action plan without consent of such business, employer, or other person. 

‘‘(4) REPORTING.—Each year, the Secretary shall report to 

the Congress— 

‘‘(A) the number of grants awarded under this subsection; 

‘‘(B) the recipients of grants awarded under this subsection; 

‘‘(C) the activities carried out by each recipient under 

paragraph (3)(D); and 

‘‘(D) an assessment describing— 

‘‘(i) the success of the program to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed 

in local areas or regions; and 

‘‘(ii) any recommendations for reauthorization and 

expansion of the program that the Secretary may 

have. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) COMMUNITY COLLEGE.—The term ‘community college’ has the meaning given the term in section 312(f) of 

the Higher Education Act of 1965 (20 U.S.C. 1058(f)). 

‘‘(B) LOCAL AREA.—The term ‘local area’ means the labor 

market immediately surrounding or affected by a local 

board, community college, or postsecondary vocational institution. 

‘‘(C) POSTSECONDARY VOCATIONAL INSTITUTION.—The 

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ing given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). 

‘‘(D) REGION.—The term ‘region’ means 2 or more local 

areas that comprise a common labor market for an industry sector of related occupations. 

‘‘(E) STRATEGIC SKILLS GAP ASSESSMENT.—The term 

‘strategic skills gap assessment’ means an assessment 

that— 

‘‘(i) identifies areas of current and expected demand 

for labor and skills in a specific industry sector of related occupations that is— 

‘‘(I) producing jobs in the local area or region involved; 

‘‘(II) developing emerging jobs in the local area 

or region involved; or 

‘‘(III) suffering chronic worker shortages; 

‘‘(ii) identifies the current and expected supply of 

labor and skills in that sector or group in the local 

area or region; 

‘‘(iii) identifies gaps between the current and expected demand and supply of labor and skills in that 

section or group in the local area or region; 

‘‘(iv) contains the results of a survey or focus group 

interviews of employers, labor organizations, and other 

relevant individuals and organizations in the local 

area or region; and 

‘‘(v) contains data regarding— 

‘‘(I) specific employment opportunities offered by 

industries in the local area or region; 

‘‘(II) specific skills desired for employment opportunities offered by industries in the local area 

or region; 

‘‘(III) occupations and positions in the local area 

or region that are difficult to fill; 

‘‘(IV) specific skills desired for occupations and 

positions in the local area or region that are difficult to fill; 

‘‘(V) areas of growth and decline among industries and occupations in the local area or region; 

‘‘(VI) specific skills desired for areas of growth 

among industries and occupations in the local 

area or region; and 

‘‘(VII) specific inventories of skills of unemployed or underemployed individuals in the local 

area or region. 

‘‘(F) STRATEGIC SKILLS GAP ACTION PLAN.—The term 

‘strategic skills gap action plan’ means a plan based on the 

strategic skills gap assessment that— 

‘‘(i) identifies— 

‘‘(I) specific barriers to adequate supply of labor 

and skills in demand in a specific industry sector 

of related occupations that is producing jobs in the 

local area or region; and 

‘‘(II) activities that will remove or alleviate the 

barriers described in subclause (I) that could be 


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undertaken by the local board, community college, 

or postsecondary vocational institution; 

‘‘(ii) specifies how the local board, community college, or postsecondary vocational institution may integrate the activities described in clause (i) within the 

local area or region; and 

‘‘(iii) identifies resources and strategies that may be 

used in the local area or region to address the skills 

gaps for both unemployed and employed workers in 

that industry sector. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary such sums as may be 

necessary to carry out this subsection.’’. 

SEC. 157. WORKFORCE AND YOUTH INNOVATION AND BEST PRACTICES GRANTS. 

The Workforce Investment Act of 1998 is further amended by inserting after section 171 the following new sections: 

‘‘SEC. 171A. WORKFORCE INNOVATION AND BEST PRACTICES GRANTS. 

‘‘(a) PURPOSE.—It is the purpose of this section to— 

‘‘(1) promote the development of comprehensive workforce investment systems at the State, regional, and local levels that 

reflect the alignment of strategies and activities across the core 

programs and, where appropriate, across other workforce development, education, economic development, and human services programs, to provide effective, high quality, and client-centered services to job seekers and workers, youth, and employers; 

‘‘(2) promote innovation and to improve, replicate, and expand models and service delivery strategies of demonstrated effectiveness in meeting the education, training, and employment needs of job seekers and workers, and youth, including 

such individuals with barriers to employment, and employers; 

and 

‘‘(3) establish and improve programs for youth that provide 

access to career pathways that include the attainment of a recognized postsecondary credential or employment that leads to 

economic self-sufficiency. 

‘‘(b) PROGRAM AUTHORIZED.—From amounts appropriated to 

carry out this section, the Secretary of Labor and the Secretary of 

Education, in accordance with section 176, shall— 

‘‘(1) for the first program year that begins after the date of 

enactment of the Workforce Investment Act of 2013, award 

transition grants in accordance with section 175; and 

‘‘(2) with funds not awarded for transition grants under 

paragraph (1) for the first program years that begins after the 

date of enactment of the Workforce Investment Act of 2013, 

and for subsequent years, award workforce innovation and best 

practices grants to eligible entities in accordance with subsection (c). 

‘‘(c) WORKFORCE INNOVATION AND BEST PRACTICES GRANTS TO

ELIGIBLE ENTITIES.— ‘‘(1) IN GENERAL.—From funds described in subsection (b)(1), 

the Secretary of Labor and the Secretary of Education shall 

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petitive basis to eligible entities in accordance with paragraph 

(2) to be used for the purposes set forth in subsection (a). 

‘‘(2) ELIGIBLE ENTITIES.— 

‘‘(A) IN GENERAL.—To be eligible to receive a grant under 

this subsection, a State partnership or regional entity shall 

meet the requirements of this paragraph, submit an application in accordance with subsection (e), and be in partnership with one or more of the following: 

‘‘(i) A nonprofit organization with relevant expertise, 

including a community-based organization. 

‘‘(ii) An institution of higher education, including a 

community college. 

‘‘(iii) A joint labor-management partnership. 

‘‘(B) STATE PARTNERSHIP.—For a State partnership to be 

eligible for funding under this subsection, a Governor of a 

State shall— 

‘‘(i) submit the application in partnership with the 

State board and with 1 or more regional entities in the 

State described in subparagraph (C); and 

‘‘(ii) demonstrate that the State has— 

‘‘(I) aligned the core programs; 

‘‘(II) made significant progress towards aligning 

the core programs with other workforce investment programs; and 

‘‘(III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. 

‘‘(C) REGIONAL ENTITIES.—To be identified as a regional 

entity and to be eligible for funding under this subsection, 

a local board for a local area that is aligned with a region, 

or all of the local boards for local areas that comprise a 

planning region under section 116(c), shall demonstrate 

that— 

‘‘(i) the application has been developed in consultation with the State and is not duplicative of other applications under this subsection submitted by a State 

partnership; and 

‘‘(ii) the local board, or all of the local boards for the 

planning region, has— 

‘‘(I) worked with the core programs to achieve 

alignment of such programs in the region; 

‘‘(II) made significant progress towards aligning 

the core programs with other workforce investment programs in the region; and 

‘‘(III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. 

‘‘(d) TYPES OF GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From amounts appropriated to carry out 

this section, the Secretary of Labor and the Secretary of Education shall award eligible entities one or more of the following: 

‘‘(A) PLANNING GRANT.—The Secretary of Labor and the 

Secretary of Education may award a planning grant under 

this section, not to exceed a total of $250,000 for a 1-year 

period, to an eligible entity that— 


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‘‘(i) is preparing to establish an innovative workforce 

investment project; and 

‘‘(ii) has not received a grant under this section. 

‘‘(B) INNOVATION GRANT.—The Secretaries may award an 

innovation grant under this section, not to exceed a total 

of $3,000,000 for a 2-year period to an eligible entity 

that— 

‘‘(i) has already received a planning grant under this 

section; or 

‘‘(ii) has already established an innovative workforce 

investment project. 

‘‘(C) SUSTAINABILITY GRANT.—The Secretaries may 

award a sustainability grant, not to exceed a total of 

$2,000,000 for a 2-year period or $5,000,000 for a 5-year 

period, to an eligible entity that— 

‘‘(i) has established an innovative workforce investment project that has demonstrated measurable improvements as measured by the performance measures 

set forth in section 136; and 

‘‘(ii) seeks to expand or replicate that project on the 

State, local, or regional level. 

‘‘(2) FEDERAL AND NON-FEDERAL SHARE.—The Federal share 

for the grants described in paragraph (1) shall be— 

‘‘(A) for a planning grant described in paragraph (1)(A), 

100 percent; 

‘‘(B) for an innovation grant described in paragraph 

(1)(B)— 

‘‘(i) 90 percent of the costs of the activities carried 

out under the grant, in the first year of the grant; 

‘‘(ii) 80 percent of such costs in the second year of 

the grant; and 

‘‘(iii) 70 percent of such costs in the third year of the 

grant; and 

‘‘(C) for a sustainability grant described in paragraph 

(1)(C)— 

‘‘(i) for an eligible entity that receives a 2-year 

grant— 

‘‘(I) not more than 50 percent of the costs of the 

activities carried out under the grant, in the first 

year of the grant; and 

‘‘(II) not more than 30 percent of such costs in 

the second year of the grant; and 

‘‘(ii) for an eligible entity that receives a 5-year 

grant— 

‘‘(I) not more than 70 percent of the costs of the 

activities carried out under the grant, in the first 

year of the grant; 

‘‘(II) not more than 60 percent of such costs in 

the second year of the grant; 

‘‘(III) not more than 50 percent of such costs in 

the third year of the grant; 

‘‘(IV) not more than 40 percent of such costs in 

the fourth year of the grant; and 

‘‘(V) not more than 30 percent of such costs in 

the fifth year of the grant. 


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‘‘(3) NON-FEDERAL SHARE.—The non-Federal share of an innovation or sustainability grant under this section may be in 

cash or in-kind, and may come from State, local, philanthropic, 

private, or other resources. 

‘‘(4) FINANCIAL HARDSHIP WAIVER.—The Secretary of Labor 

and the Secretary of Education may waive or reduce the 

matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a 

need for such waiver or reduction due to financial hardship as 

defined by the Secretary of Labor and the Secretary of Education. 

‘‘(5) FISCAL AGENT.—Each eligible entity that is a State consortia or partnership receiving a grant under this subsection 

shall designate an entity in the partnership as the fiscal agent 

for purposes of this grant. 

‘‘(6) SUPPLEMENT NOT SUPPLANT.—Federal funds awarded 

under this section shall be used to supplement, not supplant 

non-Federal resources that would be used to support activities 

carried out as part of the innovative workforce investment 

project. 

‘‘(7) GRANT PERIOD.— 

‘‘(A) PLANNING GRANTS.—Grants awarded under paragraph (1)(A) shall be made for a period of not longer than 

1 year. 

‘‘(B) INNOVATION GRANT.—Grants awarded under paragraph (1)(B) shall be made for a period of no longer than 

3 years. 

‘‘(C) SUSTAINABILITY GRANT.—Grants awarded under 

paragraph (1)(C) shall be made for a period of no longer 

than 5 years. 

‘‘(e) APPLICATION.—An eligible entity seeking a grant under this 

section shall submit an application to the Secretary of Labor and 

the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Labor and the Secretary of Education may require. An application submitted under 

this paragraph may include the following: 

‘‘(1) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the 

strategic objectives identified in the application under paragraph (4), and, if the eligible entity is a partnership, a description of the expected participation and responsibilities of each 

of the partners. 

‘‘(2) A description of the industry or targeted industry cluster 

that will be served through the project, including a description 

of how the skilled workforce needs of small- and medium-sized 

employers connected with that industry or industries will be 

addressed. 

‘‘(3) A description of the target worker populations to be 

served through the project, including a description of target 

worker populations with significant barriers to employment 

and a description of strategies that will be used to help overcome such barriers. 

‘‘(4) A description of the strategic objectives that the eligible 

entity seeks to achieve through the funded project for— 


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‘‘(A) implementing career pathways strategies, which 

may include— 

‘‘(i) providing clear linkages between remedial, academic and occupational programs within educational 

institutions, and articulation of credits across institutions; 

‘‘(ii) designing curricula in terms of competencies required for education and career advancement, and, 

where possible, tied to industry skill standards, certifications or licensing requirements including those developed by industry or sector partnerships; 

‘‘(iii) offering programs at times and places (including workplaces) convenient for working adults and 

structured in small modules or ‘chunks’, each leading 

to recognized credential; 

‘‘(iv) allowing flexibility to enter and exit education 

as participants’ circumstances permit; 

‘‘(v) providing support services, including career assessment and counseling, case management, child 

care, transportation, financial aid and job placement; 

‘‘(vi) creating ‘bridge programs’ for educationally disadvantaged youths and adults that teach basic skills 

such as office communication, math and problem solving in the context of training for advancement to better jobs and postsecondary training; and 

‘‘(vii) aligning both public and private funding 

sources, such as the Carl D. Perkins Career and Technical Education Act, Workforce Investment Act, Adult 

Education and Family Literacy Act, Temporary Assistance to Needy Families, State and Federal financial 

aid, and employer tuition reimbursement; 

‘‘(B) implementing industry or sector partnerships, 

which may include– 

‘‘(i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening 

the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges 

common to the targeted industry cluster; 

‘‘(ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness 

and innovation in the targeted industry cluster; 

‘‘(iii) facilitating economies of scale by aggregating 

training and education needs of multiple employers; 

‘‘(iv) helping postsecondary educational institutions, 

training institutions, apprenticeship programs, area 

career and technical education centers, and all other 

training programs authorized under this Act, align 

curricula, entrance requirements and programs to industry demand and nationally portable, recognized 

postsecondary credentials (or, if not available for the 

targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher 


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skill, high-priority occupations validated by the industry; 

‘‘(v) ensuring that the State agency carrying out the 

State program under the Wagner-Peyser Act (29 

U.S.C. 49 et seq.), including staff of the agency that 

provide services under such Act, shall inform recipients of unemployment insurance of the job and training opportunities that may result from the implementation of this grant; 

‘‘(vi) informing and collaborating with organizations 

such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, 

and postsecondary educational institutions, and with 

parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged 

adults and disadvantaged youth as defined in section 

in this Act to careers; 

‘‘(vii) helping companies identify, and work together 

to address, common organizational and human resource challenges, such as— 

‘‘(I) recruiting new workers; 

‘‘(II) implementing effective workplace practices; 

‘‘(III) retraining dislocated and incumbent workers; 

‘‘(IV) implementing a high-performance work organization; 

‘‘(V) recruiting and retaining women in nontraditional occupation; 

‘‘(VI) adopting new technologies; and 

‘‘(VII) fostering experiential and contextualized 

on-the-job learning; 

‘‘(viii) developing and strengthening career ladders 

within and across companies, in order to enable dislocated, incumbent and entry-level workers to improve 

skills and advance to higher-wage jobs; 

‘‘(ix) improving job quality through improving wages, 

benefits, and working conditions; 

‘‘(x) helping partner companies, industry or sector 

partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low 

income, youth, older workers, and individuals who 

have completed a term of imprisonment), by identifying such barriers through analysis of the existing 

labor market and implementing strategies to help 

such workers overcome such barriers; and 

‘‘(xi) strengthening connections among businesses in 

the targeted industry cluster, leading to cooperation 

beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market 

research, or centers for technology and innovation; and 

‘‘(C) implementing credential attainment and measurement strategies, which may include— 

‘‘(i) establishing a cross agency committee (such as 

the State workforce investment board, a legislative 


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task force, a P–20 Council, or some other agreed upon 

group) that is specifically focused on low and middle 

skill education and training outcomes to measure credential attainment through the State’s workforce investment and training programs, by— 

‘‘(I) tracking, counting, measuring and public reporting credential attainment rates for all programs providing education and training beyond a 

high school diploma but less than a 4-year degree; 

‘‘(II) measuring the result of workforce training 

programs leading to an recognized postsecondary 

credential, certificate of degree; 

‘‘(III) establishing statewide policies, goals, and 

guidelines for the collection of credential outcome 

data for all employment and training programs 

and related programs and services within the 

State; 

‘‘(IV) engaging other related departments and 

agencies that may have data or are involved in activities related to workforce development and job 

training; 

‘‘(V) establishing standards and data collection 

infrastructure to assess the number of industryrecognized middle skill credentials or certificates 

produced through Federal or State programs, and 

their relation to labor market needs; 

‘‘(VI) setting credential attainment goals in high 

demand industry sector then monitor and measure progress over time; and 

‘‘(VII) providing an annual assessment and report to the Governor and Legislature about the 

type of credential outcomes produced by programs 

and provide recommendations to better align efforts across agencies to meet employer demand; 

‘‘(ii) ensuring the collection of credential outcome 

data from a range of public workforce and education 

programs to ensure State agencies and programs are 

increasing the number of workers with the skills and 

credentials needed to fill the projected demand for 

middle and high skilled jobs; 

‘‘(iii) using the data in order to assess workforce system outcomes, establish credential attainment goals, 

measure progress, and hold agencies accountable to increase the skills of the workforce; and 

‘‘(iv) developing a comprehensive workforce system 

report that provides individual agency outcomes and 

statewide representation of the credential attainment 

outcomes of the State’s workforce investment system. 

‘‘(5) A description of a pay-for-performance approach for providers of education, training, and employment services to individuals with barriers to employment, including services targeted to addressing the specific challenges and conditions that 

have created barriers for participants in programs under this 

Act. 

‘‘(f) AWARD BASIS.— 


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‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Secretary of Labor and 

the Secretary of Education shall award competitive grants 

under this section in a manner to ensure geographic diversity. 

‘‘(2) PRIORITIES.—In awarding grants under this section, the 

Secretaries shall give priority to eligible entities that— 

‘‘(A) provide evidence of past or current investments in 

workforce innovation projects that incorporate one or more 

of the priority strategies; 

‘‘(B) focus on addressing the skill needs of multiple employers, including small- and medium-sized businesses; or 

‘‘(C) target services to low-income individuals, low-skill 

individuals, long-term unemployed, and other populations 

with barriers to employment. 

‘‘(g) ACTIVITIES.— ‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 

this section shall carry out the activities necessary to meet the 

strategic objectives, including planning activities if applicable, 

described in the entity’s application in a manner that— 

‘‘(A) integrates services and funding sources in a way 

that enhances the effectiveness of the activities; and 

‘‘(B) uses grant funds awarded under this section efficiently. 

‘‘(2) ADMINISTRATIVE COSTS.—An eligible entity may retain a 

portion of a grant awarded under this section for a fiscal year 

to carry out the administration of this section in an amount 

not to exceed 5 percent of the grant amount. 

‘‘(h) EVALUATION AND PROGRESS REPORTS.— ‘‘(1) IN GENERAL.—Not later than 1 year after receiving a 

grant under this section, and annually thereafter during the 

grant period, an eligible entity shall report to the Secretary of 

Labor and the Secretary of Education, and to the Governor of 

the State that the eligible entity serves, on the spending and 

activities funded pursuant to a grant under this section, including an evaluation of the progress the eligible entity has 

made toward the strategic objectives identified in the application and measure the progress using the performance accountability measures identified in the application. 

‘‘(2) PUBLIC AVAILABILITY.—The Secretary shall transmit 

such reports to the Congress and make such reports available 

to the public. 

‘‘(i) ADMINISTRATION BY THE SECRETARIES.— 

‘‘(1) ADMINISTRATIVE COSTS.—The Secretaries may jointly retain a total of not more than 3 percent of the funds appropriated to carry out this section for each fiscal year to administer this section, including technical assistance and evaluation 

activities. 

‘‘(2) TECHNICAL ASSISTANCE AND OVERSIGHT.—The Secretaries shall provide technical assistance and oversight to assist 

the eligible entities in applying for and administering grants 

awarded under this section, including technical assistance and 

through the collection and dissemination of information on best 

practices. 

‘‘(3) PERFORMANCE ACCOUNTABILITY MEASURES.—The Secretaries shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities 


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may use to evaluate the effectiveness of each type of activity 

in making progress toward the strategic objectives described in 

the application. Such measures shall consider the benefits of 

the innovative workforce development projects and its activities for workers, firms, industries, and communities. 

‘‘(4) DISSEMINATION.—The Secretaries shall— 

‘‘(A) coordinate the annual review of each eligible entity 

receiving a grant under this section and produce an overview report that, at a minimum, includes each funded 

project and best practices identified; 

‘‘(B) make resource materials, including all reports published and all data collected under this section, available 

on the Internet; and 

‘‘(C) conduct conferences and seminars to— 

‘‘(i) disseminate information on best practices developed by eligible entities receiving a grant under this 

section; and 

‘‘(ii) provide information to interested stakeholders. 

‘‘(5) REPORT TO CONGRESS.—Not later than 24 months after 

the date of enactment of the Workforce Investment Act of 2013 

and on an annual basis thereafter, the Secretaries shall transmit a report to Congress on the grant program established by 

this section. The report shall include a description of— 

‘‘(A) the eligible entities receiving funding; 

‘‘(B) the spending and activities carried out by the eligible entities; 

‘‘(C) how the eligible entities were selected to receive 

funding under this section; and 

‘‘(D) an assessment of the results achieved by the grant 

program including findings from the annual reviews conducted under subsection (i). 

‘‘SEC. 171B. YOUTH INNOVATION AND BEST PRACTICES GRANTS. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary of Labor and the Secretary 

of Education, shall— 

‘‘(A) for the first program year that begins after the date 

of enactment of the Workforce Investment Act of 2012, 

award transition grants in accordance with section 176; 

and 

‘‘(B) with funds not awarded for transition grants under 

paragraph (1) for the first program year that begins after 

the date of enactment of the Workforce Investment Act of 

2012, and with the funds reserved for each program year 

thereafter, award youth innovation and replication grants 

to eligible entities described in subsection (c) for the purposes described in subsection (b). 

‘‘(b) AUTHORIZATION AND PURPOSE OF GRANTS.— 

‘‘(1) IN GENERAL.—From funds appropriated pursuant to section 174, the Secretary of Labor and the Secretary of Education 

shall award youth innovation and replication grants on a competitive basis to eligible entities described in subsection (c). 

‘‘(2) USE OF FUNDS.—The grants awarded under this section 

shall be used to support the demonstration of innovative new 

strategies and activities, or the replication and expansion of effective evidence-based strategies and activities that are deVerDate Mar 15 2010 06:17 Mar 14, 2013 Jkt 029008 PO 00000 Frm 00074 Fmt 6659 Sfmt 6602 E:\HR\OC\HR016.XXX HR016

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signed to substantially improve education and employment 

outcomes for eligible youth, including preparation for post secondary education and training and for careers. Such strategies 

and activities shall include— 

‘‘(A) establishing career pathways in in-demand industry 

sectors and occupations for eligible youth, in collaboration 

with other Federal, State, and local programs, and public 

and private entities; 

‘‘(B) developing and implementing a comprehensive 

strategy, for an area of high poverty, that provides education and training programs, resources, and other activities that prepare youth for postsecondary education and 

training and for employment that leads to economic selfsufficiency; 

‘‘(C) developing and implementing strategies and activities that provide opportunities for youth with disabilities 

to receive education, training, and employment services 

that lead to a recognized postsecondary credential or integrated, competitive employment, including through incorporating elements of the individualized education program 

and related services under the Individuals with Disabilities in Education Act; 

‘‘(D) developing and implementing evidence-based strategies and activities, such as— 

‘‘(i) education offered concurrently and contextually 

with workforce preparation and training for a specific 

occupation or occupational cluster; 

‘‘(ii) career academies; 

‘‘(iii) dropout prevention and recovery strategies; 

‘‘(iv) paid or unpaid work experience, including summer employment opportunities and employment opportunities available throughout the school year, combined with academic learning leading to a recognized 

postsecondary credential; 

‘‘(v) innovative programs for youth facing multiple 

barriers to employment that arrange for the provision 

of or provide supportive services combined with education, training, including preparation for postsecondary education and training, or employment activities; or 

‘‘(vi) to include youth service and conservation corps 

programs in which a project undertaken is credited as 

qualifying experience for higher education, job training, or careers in public service; or 

‘‘(E) other evidence-based strategies or activities designed to improve the education and employment outcomes 

for youth. 

‘‘(c) ELIGIBLE ENTITIES AND APPLICATION.— 

‘‘(1) ELIGIBLE ENTITIES.—An entity eligible to receive a grant 

under this section shall include— 

‘‘(A)(i) the Governor of a State in coordination with the 

State board and with a local board for a local area that is 

aligned with a region, or with all boards for local areas 

that comprise a planning region, under section 116(c); or 


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‘‘(ii) a local board for a local area that is aligned with a 

region, or all local boards for local areas that comprise a 

planning region, under section 116(c), in consultation with 

the standing committee on youth associated with the local 

board; and 

‘‘(B) one or more of the following: 

‘‘(i) A State education agency. 

‘‘(ii) A local education agency. 

‘‘(iii) A nonprofit organization with expertise serving 

eligible youth, including a community-based organization, youth corps, or an intermediary. 

‘‘(iv) An institution of higher education, including a 

community college and an area career and technical 

education center. 

‘‘(v) A joint labor-management partnership. 

‘‘(2) APPLICATION.—To receive a grant under this subsection, 

an eligible entity shall submit an application to the Secretary 

of Labor and the Secretary of Education at such time, in such 

manner, and containing such information, consistent with this 

paragraph, as the Secretaries may require. Each such application shall describe the innovation and replication strategies 

and activities that the eligible entity will carry out to strengthen the workforce investment system in the State or region in 

order to substantially improve education and employment outcomes for youth, such as youth with disabilities, served by such 

system, and may include— 

‘‘(A) a description of the region in the State or the State, 

as applicable, that will be the focus of grant activities, including analyses of economic conditions, skill needs, the 

workforce, and the workforce development services (including the strengths and weaknesses of such services and the 

capacity to provide such services) that are relevant to the 

proposed strategies and activities that would be carried 

out under the grant; 

‘‘(B) a description of the youth populations to be served, 

including individuals with barriers to employment who are 

youth, and the skill needs of those populations; 

‘‘(C) a description of the promising strategies and activities the eligible entity is proposing to demonstrate, or the 

evidence-based strategies and activities that the eligible 

entity is proposing to expand or replicate; 

‘‘(D) a description of how the eligible entity will meaningfully involve youth in the design and implementation of 

the proposed strategies and activities; 

‘‘(E) a description of how, in carrying out such strategies 

and activities, the eligible entity will— 

‘‘(i) collaborate to leverage resources among strategic 

partners to achieve the purposes of the grant, and to 

provide the matching share described in subsection 

(d)(2); and 

‘‘(ii) ensure the sustainability of the programs and 

activities supported by the grant after grant funds are 

no longer available; 

‘‘(F) a description of how the strategies and activities 

will be aligned with the State plan and the local plans in 


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the region of the State that will be the focus of grant activities; 

‘‘(G) a description of the outcomes, including outcomes 

for the performance accountability measures based on indicators of performance described in section 136(b)(2)(A)(ii), 

to be achieved by the proposed strategies and activities; 

and 

‘‘(H) a description of how the eligible entity will— 

‘‘(i) use technology; 

‘‘(ii) collect data; 

‘‘(iii) made data publicly available; and 

‘‘(iv) use technology and date to improve program 

delivery, activities, and administration. 

‘‘(d) MATCHING FUNDS REQUIREMENTS.— 

‘‘(1) INNOVATION FUND SHARE.—The amount of the share of 

the funds provided under this section shall be not greater than 

50 percent of the cost of the programs and activities that are 

carried out under the grant. 

‘‘(2) MATCHING SHARE.— 

‘‘(A) IN GENERAL.— 

‘‘(i) AMOUNT.—The amount of the matching share 

under this subsection for a program year may not be 

less than 50 percent of the costs of the programs and 

activities that are carried out under the grant. 

‘‘(ii) IN CASH OR KIND.—The matching share may be 

in cash or in kind (fairly evaluated). 

‘‘(iii) SOURCES.—Not more than 50 percent of the 

matching share required under this subsection may be 

provided from Federal resources, of which not less 

than 50 percent shall be provided from Federal resources from the partner programs identified in the 

application other than resources provided under the 

core programs. Non-Federal sources for the matching 

share may include State resources, local resources, 

contributions from private organizations, or a combination of such resources and contributions. 

‘‘(B) FINANCIAL HARDSHIP WAIVER.—The Secretary of 

Labor and the Secretary of Education may waive or reduce 

the matching share of an eligible entity that has submitted 

an application under this subsection if such entity demonstrates a need for such waiver or reduction due to extreme financial hardship as defined by the Secretary of 

Labor and the Secretary of Education. 

‘‘(C) SUPPLEMENT NOT SUPPLANT.—The Federal and 

matching share required by this subsection shall be used 

to supplement and not supplant other Federal and State 

funds used to carry out activities described in this subsection. 

‘‘(e) GRANT PERIOD.—Grants awarded under this subsection shall 

be awarded for periods of not more than 3 years in duration and 

may not be renewed. 

‘‘(f) REPORTING.—The Secretary of Labor and the Secretary of 

Education are authorized to establish appropriate reporting requirements for grantees under this subsection. 


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‘‘(g) TECHNICAL ASSISTANCE AND EVALUATION.—For each program 

year for which funds are available to carry out this section, the 

Secretary of Labor and the Secretary of Education may reserve a 

total of not more than 3 percent of the amount available to carry 

out this subsection to provide technical assistance to applicants and 

grantees under this subsection and to evaluate projects carried out 

under this subsection. The Secretaries shall ensure that the results 

of the evaluations are publicly available, including through electronic means.’’. 

SEC. 158. EVALUATIONS. 

Section 172 is amended— 

(1) in subsection (a)(2), by inserting ‘‘accountability’’ after 

‘‘performance’’; 

(2) in subsection (c)— 

(A) by striking ‘‘as least’’ and inserting ‘‘at least’’; and 

(B) by striking ‘‘2005’’ and inserting ‘‘2016’’; 

(3) in subsection (e), by striking ‘‘Labor and Human Resources’’ and inserting ‘‘Health, Education, Labor, and Pensions’’; 

(4) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: 

‘‘(f) 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 section 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.’’. 

SEC. 159. NATIONAL DISLOCATED WORKER GRANTS. 

Section 173 is amended— 

(1) in the section heading, by striking ‘‘EMERGENCY’’ and 

inserting ‘‘DISLOCATED WORKER’’; 

(2) by striking subsection (b) and redesignating subsection 

(a) as subsection (b), and inserting before such redesignated 

subsection the following new subsection: 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) 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; and 

‘‘(2) the term ‘disaster area’ means an area that has suffered 

or in which has occurred an emergency or disaster.’’; 

(3) in subsection (b) (as so redesignated)— 

(A) by striking paragraph (4) and redesignating paragraphs (1) through (3) and (4) as subparagraphs (A) 

through (C), respectively, and moving such subparagraphs 

(as so redesignated) 2 ems to the right; 


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(B) in the matter preceding subparagraph (A) (as so redesignated)— 

(i) by striking ‘‘The Secretary’’ and inserting: 

‘‘(1) GRANTS.—The Secretary’’; and 

(ii) by striking ‘‘emergency grants in a timely manner’’ and inserting ‘‘dislocated worker grants’’; 

(C) in subparagraph (A) (as so redesignated), by striking 

‘‘subsection (c)’’ and inserting ‘‘subsection (c)(1)(B)’’; 

(D) in subsection (B) (as so redesignated), by striking ‘‘an 

area that has suffered’’ and all that follows and insert ‘‘a 

disaster area, to provide disaster relief employment in the 

disaster area’’; 

(E) in subparagraph (C) (as so redesignated), by striking 

‘‘paragraphs (1) and (2)’’ and inserting ‘‘subparagraphs (A) 

and (B)’’; and 

(F) by inserting after subparagraph (C) the following: 

‘‘(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 

Armed Forces, spouses described in section 101(14)(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; 

and 

‘‘(E) from funds appropriated under section 174(c), to a 

State or entity described in subsection (c)(1)(B) to carry 

out— 

‘‘(i) subsection (e), including providing assistance to 

eligible individuals; and 

‘‘(ii) subsection (f), including providing assistance to 

eligible individuals. 

‘‘(2) DECISIONS AND OBLIGATIONS.—The Secretary shall issue 

a final decision on a complete application for a national dislocated worker grant under this subsection not later than 45 

calendar days after receipt of the application.’’; 

(4) in subsection (c)— 

(A) in paragraph (1)(A), by striking ‘‘subsection (a)(1)’’ 

and inserting ‘‘subsection (b)(1)(B)’’; and 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘emergency’’ and inserting ‘‘dislocated worker’’; and 

(ii) in subparagraph (C), by striking ‘‘emergency’’ 

and inserting ‘‘dislocated worker’’; 

(5) in subsection (d)— 

(A) by striking ‘‘subsection (a)(2)’’ each place it appears 

and inserting ‘‘subsection (b)(1)(B)’’; 

(B) in paragraph (1)(A)— 

(i) by inserting ‘‘, in coordination with the Administrator of the Federal Emergency Management Agency, 

as applicable,’’ after ‘‘shall be used’’; and 


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(ii) by striking ‘‘structures’’ and inserting ‘‘public 

structures’’; 

(C) in paragraph (2), by inserting ‘‘emergency or’’ after 

‘‘consequence of the’’; 

(D) in paragraph (3)— 

(i) by striking ‘‘No individual’’ and inserting: 

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

(B), no individual’’; 

(ii) by striking ‘‘natural disaster’’ and inserting 

‘‘emergency or disaster’’; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(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 6 months.’’; and 

(E) by adding at the end the following new paragraphs: 

‘‘(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.’’; 

(6) by striking subsection (e) and redesignating subsections 

(f) and (g) as subsections (e) and (f), respectively; 

(7) in subsection (e) (as so redesignated)— 

(A) by striking ‘‘paragraph (4)(A) of subsection (a)’’ each 

place it appears and inserting ‘‘subsection (b)(1)(E)(i)’’; 

(B) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘clauses (i) 

through (v)’’ and inserting ‘‘clauses (i) through (iv)’’; 

(ii) in subparagraph (B)(iii), by striking ‘‘enactment 

of this clause’’ and inserting ‘‘enactment of the American Recovery and Reinvestment Act of 2009 (Public 

Law 111–5, 123 Stat. 115)’’; and 

(iii) in subparagraph (C), by striking ‘‘subsection (g)’’ 

and inserting ‘‘subsection (f)’’; 

(C) in paragraph (2), by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (f)’’; 

(D) in paragraph (3)(A)(i), by striking ‘‘not later than’’ 

and inserting ‘‘notwithstanding subsection (b)(2), not later 

than’’; and 


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(E) in paragraph (7)(A)— 

(i) in clause (i), by striking ‘‘section 4980B’’ and inserting ‘‘section 4980B(f)(4)’’; and 

(ii) in clause (ii)(I), by striking ‘‘clause (i), (ii), or (vi) 

of paragraph (2)(A))’’ and inserting ‘‘subparagraph (A), 

(B), or (F) of section 35(e)(1) of such Code)’’; and 

(8) in subsection (f), (as so redesignated)— 

(A) by striking ‘‘paragraph (4)(A) of subsection (a)’’ each 

place it appears and inserting ‘‘subsection (b)(1)(E)(i)’’; 

(B) in paragraph (1), by striking ‘‘subsection (f)(1)(A)’’ 

and inserting ‘‘subsection (e)(1)(A)’’; and 

(C) in paragraph (4)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by striking 

‘‘this subsection’’ and inserting ‘‘subsection 

(b)(1)(E)(ii)’’; and 

(II) in clause (i), by striking ‘‘not later than’’ and 

inserting ‘‘notwithstanding subsection (b)(2), not 

later than’’; and 

(ii) in subparagraph (B), by striking ‘‘174(c)(1)(B)’’ 

and inserting ‘‘subsection (b)(1)(E)(ii)’’. 

SEC. 160. YOUTHBUILD PROGRAM. 

Section 173A is amended— 

(1) in subsection (a)— 

(A) in paragraph (3), by striking ‘‘; and’’ and inserting a 

semicolon; 

(B) in paragraph (4), by striking the period and inserting 

‘‘; and’’; and 

(C) by inserting after paragraph (4) the following new 

paragraph: 

‘‘(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.’’; 

(2) in subsection (b)— 

(A) by striking paragraph (8) and redesignating paragraphs (9) through (13) as paragraphs (8) through (12), respectively; 

(B) in paragraph (11) (as so redesignated), by striking 

‘‘means housing provided’’ and all that follows and inserting ‘‘has the meaning given the term in section 401(29) of 

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11360(29)).’’; and 

(C) in paragraph (12) (as so redesignated), by striking 

‘‘or construction’’ and inserting ‘‘construction, or energy efficiency enhancement’’; 

(3) in subsection (c)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(i), by striking ‘‘or construction’’ and inserting ‘‘construction, or energy efficiency 

enhancement’’; 

(ii) in subparagraph (A)(iv)— 

(I) in subclause (II), by striking ‘‘individuals 

with limited English proficiency’’ and inserting 


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‘‘participants who are English language learners’’; 

and 

(II) in subclause (III), by striking ‘‘General Education Development (GED) credential, or other 

State-recognized equivalent (including recognized 

alternative standard’’ and inserting ‘‘or its recognized equivalent including recognized certificates 

of attendance or similar documents’’; 

(iii) in subparagraph (A)(vii)— 

(I) by striking ‘‘supportive services’’; and 

(II) by inserting ‘‘or training’’ after ‘‘postsecondary education’’; 

(iv) in subparagraph (B), by striking ‘‘or construction’’ and inserting ‘‘construction, or energy efficiency 

enhancement’’; 

(v) in subparagraph (C)— 

(I) by striking ‘‘or construction’’ and inserting 

‘‘construction, or energy efficiency enhancement’’; 

and 

(II) by striking ‘‘10 percent’’ and inserting ‘‘15 

percent’’; and 

(vi) in subparagraph (D), by inserting ‘‘, including 

recruitment and selection of participants,’’; 

(B) in paragraph (3)(B)— 

(i) in clause (i), by inserting ‘‘construction and’’ after 

‘‘opportunities in’’; 

(ii) in clauses (iii) and (vi), by striking ‘‘or construction’’ each place it appears and inserting ‘‘construction, 

or energy efficiency enhancement’’; 

(iii) in clause (x), by striking ‘‘vocational education’’ 

and inserting ‘‘career and technical education and 

training’’; 

(iv) in clause (xii)— 

(I) by striking ‘‘results’’ and inserting ‘‘levels’’; 

(II) by striking ‘‘common’’ and inserting ‘‘primary’’; and 

(III) by striking ‘‘youth and lifelong learning, as 

identified by the Secretary’’ and inserting ‘‘eligible 

youth described in section 136(b)(2)(A)(ii)’’; 

(v) in clause (xvi)— 

(I) in subclause (II), by inserting ‘‘energy efficiency enhancement’’ after ‘‘construction’’; and 

(II) in subclause (III), by striking ‘‘vocational 

education’’ and inserting ‘‘career and technical 

education and training’’; and 

(vi) in clause (xvii)(I), by inserting ‘‘energy efficiency 

enhancement’’ after ‘‘construction’’; and 

(C) in paragraph (4)— 

(i) in subparagraph (C)— 

(I) by inserting ‘‘community and’’ after ‘‘which 

the housing and’’; and 

(II) by striking ‘‘or construction’’ each place it 

appears and inserting ‘‘construction, or energy efficiency enhancement’’; and 

(ii) in subparagraph (J)— 


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(I) in clause (ii), by inserting ‘‘energy efficiency 

enhancement’’ after ‘‘construction’’; and 

(II) in clause (iii), by striking ‘‘vocational education’’ and inserting ‘‘career and technical education and training’’; 

(4) in subsection (d), by striking ‘‘or construction’’ each place 

it appears and inserting ‘‘construction, or energy efficiency enhancement’’; 

(5) in subsection (e)(1)— 

(A) in subparagraph (A)(iii), by inserting ‘‘, or an individual who was a school dropout and has subsequently reenrolled’’ before the period; and 

(B) in amending subparagraph (B)(i) to read as follows: 

‘‘(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’’; 

(6) in subsection (f)(2)— 

(A) in subparagraph (A), by inserting ‘‘, or to support 

pilot and demonstration projects or program evaluations 

with recipients of grants under subsection (c) as directed 

by the Secretary, including pilot or demonstration projects 

that create new career tracks for Youthbuild participants 

in areas such as health care and manufacturing’’ before 

the period; and 

(B) in subparagraph (B), by striking ‘‘shall reserve’’ and 

inserting ‘‘shall reserve not less than 3 percent and not 

more than’’; 

(7) in subsection (g), by striking ‘‘postsecondary educational 

institutions’’ and inserting ‘‘institutions of higher education’’; 

and 

(8) by amending subsection (h) to read as follows: 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each of fiscal years 2013 through 2017 such 

sums as may be necessary to carry out this section.’’. 

SEC. 161. AUTHORIZATION OF APPROPRIATIONS. 

Subsections (a) and (b) of section 174 are amended to read as follows: 

‘‘(a) NATIVE AMERICAN PROGRAMS; MIGRANT AND SEASONAL

FARMWORKER PROGRAMS; VETERANS’ WORKFORCE INVESTMENT PROGRAMS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), there are authorized to be appropriated to carry out sections 166 through 168 

such sums as may be necessary for each of the fiscal years 

2013 through 2017. 

‘‘(2) RESERVATIONS.—Of the amount appropriated pursuant 

to the authorization of appropriations under paragraph (1) for 

a fiscal year, the Secretary shall— 

‘‘(A) reserve not less than $55,000,000 for carrying out 

section 166; 

‘‘(B) reserve not less than $70,000,000 for carrying out 

section 167; and 

‘‘(C) reserve not less than $7,300,000 for carrying out 

section 168. 


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‘‘(b) TECHNICAL ASSISTANCE; INNOVATION GRANTS.—There are authorized to be appropriated to carry out sections 169 through 171 

such sums as may be necessary for each of the fiscal years 2013 

through 2017.’’. 

SEC. 162. TRANSITION GRANTS TO STATES. 

Subtitle D is further amended by adding at the end the following: 

‘‘SEC. 175. TRANSITION GRANTS TO STATES. 

‘‘(a) IN GENERAL.—For the program year described in section 

171A, from the funds allocated for awards described in section 

171A and section 171B, the Secretary of Labor and the Secretary 

of Education shall award, on a competitive basis, transition grants 

to States. The Secretaries, to the extent practicable and consistent 

with the purposes of the transition grants under this section, shall 

award transition grants in a manner that maximizes the number 

of States benefitting from such grants. 

‘‘(b) APPLICATION.—To be eligible to receive a grant under this 

section, the Governor of a State, in coordination with the State 

board and in consultation with the local boards, shall submit an 

application to the Secretary of Labor and the Secretary of Education, at such time, in a such manner, and containing such information, consistent with this subsection, as the Secretaries may require, including— 

‘‘(1) a description of how the grant funds will be used to 

carry out the transition activities described in subsection (d); 

‘‘(2) a description of the process by which the State will 

award funds to local areas in accordance with subsection (d)(2); 

and 

‘‘(3) assurances that all the entities carrying out core programs in the State will participate in the activities. 

‘‘(c) GRANT PERIOD.—Grants awarded under this subsection shall 

be awarded for periods of not more than 2 years in duration and 

may not be renewed. 

‘‘(d) USE OF FUNDS.—A State that receives a grant under this 

section— 

‘‘(1) may reserve not more than 40 percent of the grant funds 

for transition activities to assist in the development of the 

State plan under section 112 or 113; and 

‘‘(2) shall use not less than 60 percent of the grant funds to 

award subgrants to local areas for transition activities to assist 

in the development local and regional plans under section 

116(c) and 118, with a priority in making such awards to local 

areas most in need of resources to make the transition to meeting the requirements of the Workforce Investment Act of 2012. 

‘‘(e) LIMITATIONS.—No State may— 

‘‘(1) receive more than 1 grant under this section; and 

‘‘(2) receive a grant under this section concurrently with a 

grant under section 171A or 171B for the first program year 

that commences after the date of enactment of the Workforce 

Investment Act of 2011.’’. 

SEC. 163. INTERAGENCY AGREEMENT. 

Subtitle D is further amended by adding after section 175 (as 

added by section 112) the following: 


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‘‘SEC. 176. INTERAGENCY AGREEMENT. 

‘‘(a) IN GENERAL.—The Secretary of Education and the Secretary 

of Labor shall jointly develop policies for the administration of this 

subtitle in accordance with such terms as the Secretaries shall set 

forth in an interagency agreement. Such interagency agreement, at 

a minimum, shall include a description of the respective roles and 

responsibilities of the Secretaries in carrying out this subtitle (both 

jointly and separately), including— 

‘‘(1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored, and a peer review process 

for selection of grantees that includes program practitioners 

and national experts will be carried out; 

‘‘(2) how evaluations and research will be conducted on the 

effectiveness of grants awarded under this subtitle in addressing the education and employment needs of job seekers and 

workers, youth, and employers; 

‘‘(3) how technical assistance will be provided to applicants 

and grant recipients; 

‘‘(4) how information will be disseminated, including through 

electronic means, on best practices and effective strategies and 

service delivery models for activities carried out under this 

subtitle; and 

‘‘(5) how policies and processes critical to the successful 

achievement of the education, training, and employment goals 

of this subtitle will be established. 

‘‘(b) TRANSFER AUTHORITY.—The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education 

to carry out this subtitle in accordance with the agreement described in subsection (a). 

‘‘(c) REPORTS.—The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the 

Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House 

of Representatives, describing— 

‘‘(1) actions the Departments have taken to— 

‘‘(A) assess the effectiveness of the projects carried out 

under this subtitle; and 

‘‘(B) facilitate the coordination of the programs carried 

out through the grants awarded with other education, employment and training programs; 

‘‘(2) barriers that impede effectiveness of projects carried out 

under this subtitle; 

‘‘(3) the best practices and effective strategies and service delivery models that the Departments have identified pursuant 

to this subtitle and actions the Departments have taken to 

promptly disseminate information, including through electronic 

means, on such best practices, service delivery models, and effective strategies; and 

‘‘(4) the actions the Departments have taken to leverage resources provided under Federal law other than this subtitle 

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ment system nationwide, including in States, regions, and local 

areas that have not received funds under this subtitle.’’. 

Subtitle E—Administration 

SEC. 171. REQUIREMENTS AND RESTRICTIONS. 

Section 181 is amended— 

(1) in subsection (a), by amending subparagraph (B) of paragraph (1) to read as follows: 

‘‘(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 of 

the Fair Labor Standards Act of 1938 (29 U.S.C. 206) does 

not apply.’’; 

(2) in subsection (b)(1) by striking ‘‘investment’’ and inserting 

‘‘development’’; 

(3) in subsection (c)(1), by inserting ‘‘or allocation’’ after ‘‘an 

allotment’’; 

(4) in subsection (d)(2)— 

(A) by striking ‘‘employment and training activity’’ and 

inserting ‘‘employment or training activity’’; 

(B) by inserting ‘‘incumbent worker training, transitional 

employment,’’ after ‘‘on-the-job training,’’; and 

(C) in paragraph (3), by inserting ‘‘(or that has provided 

funding to an entity that has violated such paragraph)’’ 

after ‘‘violated such paragraph’’; 

(5) in subsection (e)— 

(A) by inserting ‘‘to carry out an activity’’ after ‘‘No funds 

available’’; 

(B) by striking ‘‘and similar activities’’ and inserting ‘‘or 

similar activities’’; and 

(C) by striking ‘‘title. No funds available under subtitle 

B’’ and inserting ‘‘or under subtitle C. No funds received 

to carry out an activity under subtitle B or C’’; and 

(6) in subsection (f), by inserting ‘‘or subtitle C’’ after ‘‘subtitle B’’ both places it appears. 

SEC. 172. FISCAL CONTROLS OR SANCTIONS. 

Section 184 is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘the appropriate 

circulars’’ and inserting ‘‘appropriate circulars or 

rules’’; and 

(ii) in subparagraph (B)(ii), by striking ‘‘administration of youth activities’’ and inserting: 

‘‘(iii) administration of youth workforce investment 

activities.’’; and 

(B) in paragraphs (5)(A), (6)(C), and (7) (A) and (B), by 

inserting ‘‘with the requirements’’ afer ‘‘compliance’’ each 

place it appears; 

(2) in subsection (b)(1)(B)(v), by inserting ‘‘with the provision’’ after ‘‘compliance’’; 

(3) in subsection (c)— 


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(A) in paragraph (2)— 

(i) by striking ‘‘made available’’ and inserting ‘‘received’’; 

(ii) by striking ‘‘offset repayment’’ and inserting ‘‘require payment by offsetting the amount’’; and 

(iii) by inserting ‘‘under this title’’ after ‘‘may be entitled’’; and 

(B) in paragraph (4), by inserting ‘‘(subsequent to the 

program year for which the determination was made)’’ 

after ‘‘allocations’’; and 

(4) in subsection (d)(1), by striking ‘‘paragraphs (2) and (3) 

of’’. 

SEC. 173. REPORTS, RECORDKEEPING, INVESTIGATIONS. 

Section 185(c) is amended— 

(1) in paragraph (2), by striking ‘‘; and’’ and inserting a semicolon; 

(2) in paragraph (3), by striking the period and inserting ‘‘; 

and’’; and 

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

‘‘(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.’’. 

SEC. 174. ADMINISTRATIVE PROVISIONS. 

Section 189 is amended— 

(1) in subsection (a), by striking ‘‘section 204 of the Intergovernmental Cooperation Act of 1968’’ and inserting ‘‘section 

6504 of title 31, United States Code’’; 

(2) in subsection (g), by amending paragraph (2) to read as 

follows: 

‘‘(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 170 or 171 shall remain available until expended. 

‘‘(ii) INCREMENTAL FUNDING BASIS.—A contract or arrangement entered into under the authority of section 

170(c) (relating to research projects, studies and reports, and multistate projects) or section 171 (relating 

to evaluations), including a long-term, nonseverable 

services contract, may be funded on an incremental 

basis with annual appropriations or other available 

funds. 

‘‘(C) SPECIAL RULE.—No amount of the funds obligated 

for a program year for a program or activity funded under 

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ating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described 

in subtitle D, as appropriate.’’; and 

(3) in subsection (i)— 

(A) in paragraph (3), by inserting ‘‘accountability’’ after 

‘‘performance’’; and 

(B) in paragraph (4)— 

(i) in subparagraph (A)(i)— 

(I) by inserting ‘‘the funding of infrastructure 

costs for one-stop centers,’’ after ‘‘functions of local 

areas and local boards’’; and 

(II) by inserting ‘‘, and other requirements relating to the basic purposes of this title’’ before the 

period; 

(ii) in subparagraph (B)— 

(I) in the matter preceding clause (i), by striking 

‘‘investment’’ and inserting ‘‘development’’; and 

(II) in clause (v), by striking ‘‘ an opportunity to 

comment on such request has been provided to the 

local board’’ and inserting ‘‘, 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’’; 

(iii) in subparagraph (C), by inserting ‘‘for which the 

waiver was requested’’ after ‘‘ensure that the local 

area’’; and 

(iv) by adding at the end the following new subparagraph: 

‘‘(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.’’. 

SEC. 175. REPEALS. 

The Act is further amended by striking section 190, and redesignating sections 191 through 195 as sections 190 through 194, respectively. 

SEC. 176. GENERAL PROGRAM REQUIREMENTS. 

Section 194 (as redesignated by section 185) is amended by adding at the end the following new paragraphs: 

‘‘(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 


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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. 

‘‘(C) 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. 177. OFFICE OF DISABILITY EMPLOYMENT POLICY. 

Subtitle E is further amended by adding at the end the following: 

‘‘SEC. 195. OFFICE OF DISABILITY EMPLOYMENT POLICY. 

‘‘(a) PURPOSE.—The purpose of this section is to establish an Office of Disability Employment Policy— 

‘‘(1) to help develop and support national policies and practices that will increase employment and economic advancement 

opportunities for all individuals with disabilities; and 

‘‘(2) to ensure that such individuals are fully integrated into 

the 21st century workforce. 

‘‘(b) OFFICE.—There is established within the Department of 

Labor an Office of Disability Employment Policy (referred to in this 

section as the ‘Office’). Except as otherwise specifically provided in 

this Act, such Office shall be the principal entity carrying out the 

functions described in this section. 

‘‘(c) ASSISTANT SECRETARY.— 

‘‘(1) IN GENERAL.—The Office shall be headed by an Assistant 

Secretary of Disability Employment Policy (referred to in this 

title as the ‘Assistant Secretary’) appointed by the President by 

and with the advice and consent of the Senate. Except as otherwise specifically provided in this Act, the Assistant Secretary 

shall be the principal officer carrying out the functions described in this section. 

‘‘(2) EXPERIENCE.—The Assistant Secretary shall be an individual with substantial experience in, and a thorough knowledge of, disability employment policy, training and educational 

opportunities for individuals with disabilities (including youth 

with disabilities), public benefit programs for individuals with 

disabilities, job development, and the barriers that may limit 

employment and economic advancement opportunities of individuals with disabilities. 

‘‘(3) GOALS AND DIRECTION.—In carrying out the functions of 

the Office, the Assistant Secretary shall be guided by the goals 

of achieving equal opportunity, full participation, economic 

self-sufficiency, and independent living for all individuals with 

disabilities, to the greatest extent possible. In the performance 

of the functions of the Office, the Assistant Secretary shall be 

directly responsible to the Secretary of Labor. 

‘‘(d) FUNCTIONS.—The Assistant Secretary shall provide national 

leadership, and encourage interagency collaboration, on increasing 

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ities through the development of policies and initiatives (taking 

into account relevant information from other Federal agencies and 

including the awarding of grants as appropriate) that— 

‘‘(1) eliminate barriers to the employment and training of individuals with disabilities; 

‘‘(2) advance opportunities for employment, and identify 

strategies that increase employment opportunities in the private sector, for individuals with disabilities, including recruitment, retention, and promotion of such individuals; 

‘‘(3) identify and remove disincentives that limit or prevent 

the full employment of individuals with disabilities who are receiving benefits through Federal or State programs such as 

medical assistance under a State Medicaid program under title 

XIX of the Social Security Act (42 U.S.C. 1396 et seq.), disability insurance benefits under title II of the Social Security 

Act (42 U.S.C. 401 et seq.), or supplemental security income 

benefits under title XVI of the Social Security Act (42 U.S.C. 

1381 et seq.); 

‘‘(4) advise and assist the Department of Labor and other 

Federal agencies in the development of policies and practices 

that increase employment opportunities in the Federal Government for individuals with disabilities, including outreach to 

and recruitment, retention, and promotion of such individuals; 

‘‘(5) assist youth with disabilities, including such youth who 

are out-of-school youth, in successfully transitioning into the 

workforce; 

‘‘(6) increase access for individuals with disabilities seeking 

employment, education, and training services from a one-stop 

delivery system described in section 221(e) of the Workforce Investment Act of 2012, and other public and private providers 

of such services and supports; 

‘‘(7) increase coordination of activities between State vocational rehabilitation programs and the workforce development 

systems (as defined in section 101 of such Act), including the 

one-stop centers (as defined in such section 101), including assisting individuals with disabilities in maximizing the services 

available through such programs, systems, and centers; 

‘‘(8) leverage available public and system resources to address individual and systematic employment barriers for individuals with disabilities, and assist such individuals in navigating the process of coordinating their public benefits, including health care; 

‘‘(9) increase employment opportunities for individuals with 

significant disabilities in competitive integrated employment; 

and 

‘‘(10) meet other objectives, as specified by the Secretary of 

Labor, that will increase employment and training opportunities for individuals with disabilities. 

‘‘(e) REPORT.—For each fiscal year, beginning with the first full 

fiscal year following the date of enactment of the , the Secretary 

of Labor shall prepare a report and submit the 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 90 days after the end of that 

fiscal year. The report shall summarize the Office’s progress in— 


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‘‘(1) meeting the general objectives specified in paragraphs 

(1) and (2) of subsection (a); 

‘‘(2) meeting each of the 4 goals specified in subsection (c)(3); 

and 

‘‘(3) developing the specific policies and initiatives specified 

in subsection (d). 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for each of fiscal years 2013 through 2017.’’. 

SEC. 178. INDEPENDENT EVALUATION OF THE EFFICIENCY AND EFFECTIVENESS OF THE FEDERAL WORKFORCE INVESTMENT SYSTEM. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Federal job training program’’ means any federally funded employment and training program; and 

(2) the term ‘‘individual with barriers to employment’’ has 

the meaning given such term in section 101(23) of the Workforce Investment Act of 2013. 

(b) EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE.— 

(1) EVALUATION.—The Comptroller General shall conduct an 

evaluation of the operations of federally funded job training 

programs in order to evaluate their efficiency and effectiveness 

in providing job training services to eligible participants, particularly individuals with barriers to employment. The evaluation shall consider— 

(A) the findings of the January 2011 report of the Government Accountability Office entitled ‘‘Multiple Employment and Training Programs: Providing Information, Colocating Services and Consolidating Administrative Structures could Promote Efficiencies’’(GAO–11–92); 

(B) whether programs need to be enhanced in order to 

more effectively provide needed services; 

(C) whether programs are effectively aligned to provide 

needed services to different eligible populations; and 

(D) whether any programs provide duplicative services 

to their participants and, if so, why. 

(2) CONSULTATION AND RECOMMENDATIONS.—The Comptroller General shall consult with the States, local workforce 

investment boards, businesses, labor organizations, workforce 

advocates and community organizations, and relevant education-related organizations in preparing its evaluation and 

may make any recommendations to improve the efficiency and 

effectiveness of training programs and attain needed levels of 

services and accessibility of services. 

(3) SUBMISSION OF PLAN.—Not later than 12 months after 

the date of enactment of this Act, the Comptroller General 

shall submit the evaluation and any plan for improvement to 

the appropriate committees of Congress. 

Subtitle F—Community College to Career 

Fund 

SEC. 181. COMMUNITY COLLEGE TO CAREER FUND. 

Title I is further amended by adding at the end the following: 


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‘‘Subtitle F—Community College to Career 

Fund 

‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM. 

‘‘(a) GRANTS AUTHORIZED.—From funds appropriated under section 199D(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in 

section 199E, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving or providing educational or career training programs for 

workers. 

‘‘(b) ELIGIBLE ENTITY.— 

‘‘(1) IN GENERAL.—Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with employers or an association of employers: 

‘‘(A) a junior or community college (as defined in section 

312(f) of the Higher Education Act of 1965 (20 U.S.C. 

1085(f))); 

‘‘(B) a four-year public institution of higher education (as 

defined in section 101 of the Higher Education Act of 1965) 

that offers two-year degrees, will use funds provided under 

this section for activities at the certificate and associate 

degree levels, and is not reasonably close, as determined 

by the Secretaries, to a community college; 

‘‘(C) a tribal college or university (as defined in section 

316(b) of the Higher Education Act); or 

‘‘(D) at the discretion of the Secretaries, a private, notfor-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American 

Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated 

States of Micronesia, or the Republic of Palau. 

‘‘(2) ADDITIONAL PARTNERSHIPS.—In addition to partnering 

with employers or an association of employers, the eligible entities described in paragraph (1) may partner with any of the 

organizations described in subparagraphs (A) through (D). Any 

such partnership shall collaborate with, and may include, the 

State or local workforce investment board. 

‘‘(A) An adult education provider or institution of higher 

education (as defined in section 101 of the Higher Education Act of 1965). 

‘‘(B) A community-based organization. 

‘‘(C) A joint-labor management partnership. 

‘‘(D) Any other organization that the Secretaries considers appropriate. 

‘‘(c) APPLICATION.—An eligible entity seeking a grant under this 

section shall submit a grant proposal to the Secretaries at such 

time and containing such information as the Secretaries determine 

is required, including a detailed description of— 

‘‘(1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used 


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to develop, offer, improve, or provide an educational or career 

training program; 

‘‘(2) the extent to which the project will meet the educational 

or career training needs of workers in the area served by the 

eligible entity; 

‘‘(3) the extent to which the project will meet the needs of 

employers in the region for skilled workers in in-demand industry sectors and occupations; 

‘‘(4) the extent to which the project submitted fits within any 

overall strategic plan developed by an eligible entity; and 

‘‘(5) any previous experience of the eligible entity in providing educational or career training programs, the absence of 

which shall not automatically disqualify an eligible institution 

from receiving a grant under this section. 

‘‘(d) CRITERIA FOR AWARD.— 

‘‘(1) IN GENERAL.—Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: 

‘‘(A) A determination of the merits of the grant proposal 

submitted by the eligible entity to develop, offer, improve, 

or provide educational or career training programs to be 

made available to workers. 

‘‘(B) An assessment of the likely employment opportunities available in the region to individuals who complete an 

educational or career training program that the eligible 

entity proposes to develop, offer, improve, or provide. 

‘‘(C) An assessment of prior demand for training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing 

training programs to meet future demand for training programs. 

‘‘(2) PRIORITY.—The Secretaries shall give priority to eligible 

entities that— 

‘‘(A) include a partnership with a business or industry or 

sector partnership that— 

‘‘(i) pays a portion of the costs of such programs; or 

‘‘(ii) agrees to hire individuals who have completed 

a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; 

‘‘(B) enter into a partnership with a labor organization 

or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to 

a skill occupation in an in-demand industry sector; 

‘‘(C) are focused on serving individuals with barriers to 

employment, low-income, non-traditional students as defined in section 803(j) of the Higher Education Act (20 

U.S.C. 11561(c)(j)), students who are dislocated workers, 

students who are veterans, or students who are long-term 

unemployed; 

‘‘(D) are community colleges serving areas with high unemployment rates, including rural areas; and 


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‘‘(E) are eligible entities that include an institution of 

higher education eligible for assistance under title III or V 

of the Higher Education Act of 1965. 

‘‘(e) USE OF FUNDS.—Grants awarded under this section shall be 

used for one or more of the following: 

‘‘(1) The development, offering, improvement, or provision of 

academic programs or training programs, that provide relevant 

job training for skilled occupations that will meet the needs of 

employers in in-demand industries sectors, and which may include registered apprenticeship programs, on-the-job training 

programs, and programs that support employers in upgrading 

the skills of their workforce. 

‘‘(2) The development and implementation of policies and 

programs to expand opportunities for students to earn a recognized postsecondary credential or degree in in-demand industry sectors and occupations, including by— 

‘‘(A) facilitating the transfer of academic credits between 

institutions of higher education, including the transfer of 

academic credits for courses in the same field of study; 

‘‘(B) expanding articulation agreements and policies that 

guarantee transfer between such institutions, including 

through common course numbering and general core curriculum; and 

‘‘(C) developing or enhancing student support services 

programs. 

‘‘(3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a 

recognized postsecondary credential or degree, including programs that— 

‘‘(A) blend basic skills and occupational training; 

‘‘(B) facilitate means of transitioning from non-credit occupational, basic skills, or developmental coursework to 

for-credit coursework within and across institutions; 

‘‘(C) build or enhance linkages including the development of dual enrollment programs and early college high 

schools between secondary education or adult education 

programs (including programs established under the Carl 

D. Perkins Career and Technical Education Act of 2006 

and title II of this Act); 

‘‘(D) implement other innovative programs designed to 

increase the provision of training for students, including 

students who are veteran members of the National Guard 

or Reserves, to enter skilled occupations in in-demand industry sectors; and 

‘‘(E) support paid internships that will allow students to 

simultaneously earn credit for work-based learning and 

gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. 

‘‘(4) The support of regional or national in-demand industry 

sectors to develop skills consortia that will identify pressing 

workforce needs and develop solutions such as— 

‘‘(A) standardizing industry certifications; 

‘‘(B) developing new training technologies; and 


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‘‘(C) collaborating with industry employers to define and 

describe how specific skills lead to particular jobs and career opportunities. 

‘‘SEC. 199A. PAY-FOR-PERFORMANCE AND PAY-FOR-SUCCESS JOB 

TRAINING PROJECTS. 

‘‘(a) AWARD GRANTS AUTHORIZED.—From funds appropriated 

under section 199D(2), the Secretary of Labor and the Secretary of 

Education, in accordance with the interagency agreement described 

in section 199E, shall award grants on a competitive basis to eligible entities described in subsection (b) who meet specific performance outcomes and criteria established by the Secretaries under 

subsection (c). Projects funded by grants under this section shall be 

referred to as either Pay-for-Performance or Pay-for-Success 

projects, as set forth in subsection (b). 

‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under 

this section an entity shall be a State or local organization (which 

may be a local workforce organization) in partnership with entities 

such as community colleges and other training providers who— 

‘‘(1) in the case of Pay-for-Performance projects, agree to be 

reimbursed primarily on the basis of achievement of specified 

performance outcomes and criteria agreed upon by the Secretaries under subsection (c); or 

‘‘(2) in the case of Pay-for-Success projects, include partnerships with investors, such as philanthropic organizations that 

provide funding for a specific project or projects to address a 

clear and measurable job training need in the community or 

region and agree to be reimbursed under the grant only if the 

project or projects meet specified performance outcomes and 

criteria agreed to by the Secretaries under subsection (c). 

‘‘(c) PERFORMANCE OUTCOMES AND CRITERIA.—Not later than 6 

months after the date of the enactment of this subtitle, the Secretary of Labor and the Secretary of Education shall establish and 

publish specific performance measures for the initial qualification 

of eligible entities to receive a grant under this section. At a minimum, to receive an award an eligible entity shall— 

‘‘(1) identify a particular program area and client population 

that is not achieving optimal outcomes; 

‘‘(2) provide evidence that the proposed strategy would 

achieve better results; 

‘‘(3) clearly articulate and quantify the improved outcomes of 

such new approach; 

‘‘(4) for Pay-for-Success projects, specify a monetary value 

that would need to paid to obtain such results and explain the 

basis for such value; 

‘‘(5) identify data that would be required to evaluate whether 

outcomes are being achieved for a target population and a comparison group; 

‘‘(6) identify estimated savings that would result from the 

improved outcomes, including to other programs or units of 

government; 

‘‘(7) demonstrate the capacity to collect required data, track 

outcomes, and validate those outcomes; and 

‘‘(8) any other criteria the Secretaries may require. 

‘‘(d) PERIOD OF AVAILABILITY FOR PAY-FOR-SUCCESS PROJECTS.— 

Funds appropriated to carry out Pay-for-Success projects pursuant 


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to section 199D(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, 

United States Code, and, if later deobligated, in whole or in part, 

be available until expended for additional Pay-for-Success grants 

under this section. 

‘‘SEC. 199B. BRING JOBS BACK TO AMERICA GRANTS. 

‘‘(a) GRANTS AUTHORIZED.—From funds appropriated under section 199D(3), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in 

section 199E, shall award grants to State or local governments for 

job training and recruiting activities that can quickly provided 

businesses with skilled workers in order to encourage businesses to 

remain in or relocate to areas served by such governments. The 

Secretaries shall coordinate with the Secretary of Commerce in carrying out this section. 

‘‘(b) PURPOSE AND USE OF FUNDS.—Grants awarded under this 

section may be used by a State or local government to issue subgrants to eligible entities as designated by the Secretaries, including those described in section 199(b), to assist such eligible entities 

in providing training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations 

outside the United States, and may instead relocate to the areas 

served by such governments. 

‘‘(c) APPLICATION.—A State or local government seeking a grant 

under the program established under subsection (a) shall submit 

an application to the Secretaries in such manner and containing 

such information as the Secretaries may require. At a minimum, 

each application shall include— 

‘‘(1) a description of the eligible entity or entities the State 

or local government proposes to assist in providing job training 

or recruiting activities; 

‘‘(2) a description of the proposed or existing business facility, including the number of jobs relating to such facility and 

the average wage or salary of those jobs; and 

‘‘(3) a description of any other resources that the State has 

committed to assisting such business in locating such facility, 

including tax incentives provided, bonding authority exercised, 

and land granted. 

‘‘(d) CRITERIA.—The Secretaries shall award grants to State and 

local governments that— 

‘‘(1) the Secretaries determine are most likely to succeed 

with a grant under the program in assisting an eligible entity 

in providing the training necessary to cause a business or businesses to remain in or relocate to areas served by such governments; 

‘‘(2) will fund training programs that will result in the greatest number and quality of jobs; 

‘‘(3) have committed State or other resources, to the extent 

of their ability as determined by the Secretaries, to assist a 

business or businesses to remain in or relocate to areas served 

by such governments; and 

‘‘(4) have met such other criteria as the Secretaries consider 

appropriate, including criteria relating to marketing plans, 

benefits to ongoing regional or State strategies for economic development and job growth. 


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‘‘SEC. 199C. GRANTS FOR ENTREPRENEUR AND SMALL BUSINESS 

STARTUP TRAINING. 

‘‘(a) GRANTS AUTHORIZED.—From funds appropriated under section 199D(4), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in 

section 199E, shall award competitive grants to eligible entities described in subsection (b) to provide training in starting a small 

business and entrepreneurship. The Secretaries shall coordinate 

with the Administrator of the Small Business Administration in 

carrying out this section including in the development of criteria 

and selection of proposals. 

‘‘(b) ELIGIBLE ENTITY.— 

‘‘(1) IN GENERAL.—Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with at least one local or regional economic development entity described in paragraph (2): 

‘‘(A) a junior or community college (as defined in section 

312(f) of the Higher Education Act of 1965 (20 U.S.C. 

1085(f))); 

‘‘(B) a four-year public institution of higher education (as 

defined in section 101 of the Higher Education Act of 1965) 

that offers two-year degrees, will use funds provided under 

this section for activities at the certificate and associate 

degree levels, and is not reasonably close, as determined 

by the Secretaries, to a community college; 

‘‘(C) a tribal college or university (as defined in section 

316(b) of the Higher Education Act); or 

‘‘(D) at the discretion of the Secretaries, a private, notfor-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American 

Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated 

States of Micronesia, or the Republic of Palau. 

‘‘(2) ADDITIONAL PARTNERSHIPS.—Local or regional economic 

development entities described in this paragraph are the following: 

‘‘(A) Small business development centers. 

‘‘(B) Women’s business centers. 

‘‘(C) Regional innovation clusters. 

‘‘(D) Local accelerators or incubators. 

‘‘(E) State or local economic development agencies. 

‘‘(c) APPLICATION.—An eligible entity seeking a grant under this 

section shall submit a grant proposal in such manner and containing such information as the Secretaries and the Small Business 

Administrator shall require. Such information shall include the 

manner in which entrepreneurship training and education will be 

provided, the role of partners in such an arrangement, and the 

manner in which the proposal will integrate and partner with local 

economic development resources. 

‘‘(d) USE OF FUNDS.—Grants awarded under this section shall be 

used to provide training in entrepreneurship and starting a small 

business, including through online courses, intensive seminars, and 

comprehensive courses. 


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‘‘SEC. 199D. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There is authorized to be appropriated 

$8,000,000,000 to carry out this subtitle, of which $4,000,000,000 

is authorized to be appropriated to the Secretary of Labor and 

$4,000,000,000 is authorized to be appropriated to the Secretary of 

Education. Such amounts shall be used to carry out the programs 

authorized by this subtitle as follows: 

‘‘(1) $7,000,000,000 is authorized for the program established 

by section 199; 

‘‘(2) $500,000,000 is authorized for the program established 

by section 199A; 

‘‘(3) $250,000,000 is authorized for the program established 

by section 199B; 

‘‘(4) $250,000,000 is authorized for the program established 

by section 199C; and 

‘‘(5) Not more than 5 percent of the amounts authorized 

under paragraphs (1) through (4) may be used by the Secretaries to administer each respective program, including providing technical assistance and carrying out evaluations. 

‘‘(b) PERIOD OF AVAILABILITY.—Except as provided in section 

199A(d), the funds appropriated pursuant to subsection (a) shall be 

available for Federal obligation for the fiscal year for which the 

funds are appropriated and the succeeding 2 fiscal years. 

‘‘SEC. 199E. INTERAGENCY AGREEMENT. 

‘‘(a) IN GENERAL.—The Secretary of Labor and the Secretary of 

Education shall jointly develop policies for the administration of 

this subtitle in accordance with such terms as the Secretaries shall 

set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective 

roles and responsibilities of the Secretaries in carrying out this 

subtitle (both jointly and separately), including— 

‘‘(1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; 

‘‘(2) how evaluations and research will be conducted on the 

effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; 

‘‘(3) how technical assistance will be provided to applicants 

and grant recipients; 

‘‘(4) how information will be disseminated, including through 

electronic means, on best practices and effective strategies and 

service delivery models for activities carried out under this 

subtitle; and 

‘‘(5) how policies and processes critical to the successful 

achievement of the education, training, and employment goals 

of this subtitle will be established. 

‘‘(b) TRANSFER AUTHORITY.—The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education 

to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary 

of Education shall have the ability to transfer funds to the SecVerDate Mar 15 2010 06:17 Mar 14, 2013 Jkt 029008 PO 00000 Frm 00098 Fmt 6659 Sfmt 6602 E:\HR\OC\HR016.XXX HR016

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retary of Commerce and the Administrator of the Small Business 

Administration to carry out sections 199B and 199C, respectively. 

‘‘(c) REPORTS.—The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report 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, describing the activities carried out 

under this subtitle and the outcomes of such activities.’’. 

TITLE II—ADULT EDUCATION AND 

LITERACY 

SEC. 201. PURPOSES, DEFINITIONS, AND MISCELLANEOUS PROVISIONS. 

(a) PURPOSE.—Section 202 is amended to read as follows: 

‘‘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 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; 

‘‘(3) assist adults in attaining a secondary school diploma or 

its equivalent and in the transition to and success in postsecondary education and training, including through career pathways; 

‘‘(4) assist immigrants and other individuals who are English 

language learners in improving their reading, writing, speaking, and comprehension skills in English; 

‘‘(5) assist immigrants in acquiring an understanding of the 

American system of government and the responsibilities of citizenship; 

‘‘(6) assist States in expanding a 21st century delivery system for adult education, literacy, and workplace skills services 

that meet the needs of adults at all skill levels; 

‘‘(7) assist adults in developing technology literacy; and 

‘‘(8) enable more adults to complete adult education and 

enter and succeed in postsecondary education and employment.’’. 

(b) DEFINITIONS.—Section 203 is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) ADULT EDUCATION.—The term ‘adult education’ means 

academic instruction and 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; 


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‘‘(B) transition to and success in postsecondary education 

and training; or 

‘‘(C) obtain employment.’’; 

(2) in paragraph (2), by striking ‘‘activities described in section 231(b)’’ and inserting ‘‘programs, activities, and services 

that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English 

language acquisition activities, workforce preparation activities, or integrated education and training’ ’’; 

(3) by striking paragraphs (3), (8), (9), (10), (13), (14), and 

(17) and redesignating paragraphs (4), (7), (11), (12), (15), (16), 

and (18) as paragraphs (3), (9), (10), (11), (13), (14), and (15), 

respectively; 

(4) in paragraph (3) (as so redesignated), by inserting ‘‘activities’’ after ‘‘literacy’’; 

(5) by inserting after paragraph (3) (as so redesignated) the 

following: 

‘‘(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 unable to compute or solve problems, or read, 

write, or speak English at a level necessary to function 

on the job, in the individuals’ family, or in society; 

‘‘(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.’’; 

(6) in paragraph (5)— 

(A) by striking ‘‘means—’’ and inserting ‘‘means an organization that has demonstrated effectiveness in providing 

adult education and literacy activities that may include— 

’’; 

(B) in subparagraphs (B) and (C), by striking ‘‘of demonstrated effectiveness’’ both places it appears; 

(C) in subparagraph (H), by striking ‘‘literacy services’’ 

and all that follows and inserting ‘‘adult education and literacy activities to eligible individuals;’’; 

(D) in subparagraph (I), by striking the period at the end 

and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(J) a partnership between an employer and an entity 

described in any of subparagraphs (A) through (I).’’; 

(7) by amending paragraph (6) to read as follows: 

‘‘(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; 

‘‘(B) that may lead to— 


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‘‘(i) attainment of a secondary school diploma or its 

recognized equivalent; 

‘‘(ii) transition to success in postsecondary education 

and training; and 

‘‘(iii) employment or career advancement; and 

‘‘(C) that such programs may be sequential, integrated, 

or concurrent in nature.’’; 

(8) by inserting after paragraph (6) the following: 

‘‘(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) HIGH QUALITY LITERACY INSTRUCTION.—The term ‘high 

quality literacy instruction’ means developmentally appropriate, explicit, and systematic instruction that provides students with— 

‘‘(A) early development and grade-level mastery of oral 

language skills, both listening and speaking, phonological 

awareness, using a wide vocabulary, conventional forms of 

grammar, and academic language; 

‘‘(B) the ability to read regularly spelled words and highfrequency irregularly spelled words and to decode regularly spelled unfamiliar words accurately, using phonemic 

awareness, print awareness, alphabet knowledge, and 

knowledge of English spelling patterns; 

‘‘(C) the ability to read texts accurately, fluently, and 

with comprehension, relying on knowledge of the vocabulary in those texts and of the background information that 

the students possess; 

‘‘(D) the ability to read with a purpose and the capacity 

to differentiate purposes and to select and apply comprehension strategies appropriate to achieving the purpose; 

‘‘(E) an understanding of, and ability to adapt to, the 

varying demands of different genres, formats, and types of 

texts across the core content areas in order to comprehend 

texts of appropriate levels of complexity and content, including texts necessary for mastery of grade-level standards; 

‘‘(F) the ability to effectively access, critically evaluate, 

and appropriately synthesize information from a variety of 

sources and formats; 

‘‘(G) the development and maintenance of a motivation 

to read and write, as reflected in habits of reading and 

writing regularly and or discussing one’s reading and writing with others; and 

‘‘(H) the ability to write clearly, accurately, and quickly 

so as to communicate ideas and deepen comprehension, in 

ways that fit purpose, audience, occasion, discipline, and 


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format; adhere to conventions of spelling and punctuation; 

and benefit from revision so as to improve clarity, coherence, logical development, and the precise use of language.’’; 

(9) in paragraph (9)— 

(A) in the paragraph heading, by striking ‘‘SERVICES’’ 

and inserting ‘‘ACTIVITIES’’; 

(B) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘services’’ both places it appears and 

inserting ‘‘activities’’; and 

(ii) by striking ‘‘changes in a family’’ and inserting 

‘‘improvements in the economic prospects for a family 

and that better enable parents to support their children’s learning needs’’; 

(C) by striking subparagraph (C) and redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and 

(D) by inserting before subparagraph (B) (as so redesignated) the following: 

‘‘(A) Parent adult education and literacy activities that 

lead to readiness for the attainment of a secondary school 

diploma or its recognized equivalent postsecondary education or training, employment, career advancement, and 

economic self-sufficiency.’’; 

(10) by inserting after paragraph (10) (as so redesignated) 

the following: 

‘‘(11) INTEGRATED EDUCATION AND TRAINING.—The term ‘integrated education and training’ means services that provide 

adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce 

training for a specific occupation or occupational cluster. Such 

services may include offering adult education services concurrent with credit-bearing postsecondary education and training, 

including through co-instruction. 

‘‘(12) INTEGRATED ENGLISH LITERACY AND CIVICS EDU- CATION.—The term ‘integrated English literacy and civics education’ means an integrated program of educational services for 

immigrant and other limited English proficient adults, including immigrant professionals with degrees and credentials in 

their native countries, that enables them to achieve competency in the English language and acquire the basic and 

more advanced skills needed to function effectively as parents, 

workers, and citizens. Such programs 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.’’; 

(11) by amending paragraph (15) (as so redesignated) to read 

as follows: 

‘‘(15) WORKPLACE ADULT EDUCATION AND LITERACY ACTIVI- TIES.—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.’’; and 

(12) by adding at the end the following: 


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‘‘(16) 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, and self-management skills, including competencies in utilizing resources, 

using information, working with others, understanding systems, working with technology, and skills necessary for successful transition into and completion of postsecondary education or training, or employment.’’. 

(c) HOME SCHOOLS.—Section 204 is amended— 

(1) by inserting ‘‘whether a home school is treated as a home 

school or a private school under State law,’’ after ‘‘home 

schools,’’; and 

(2) by striking ‘‘an English literacy program’’ and all that follows and inserting ‘‘adult education and literacy activities.’’. 

(d) RULE OF CONSTRUCTION.—Title II is further amended by redesignating section 205 as section 206 and inserting after section 

204 the following: 

‘‘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 and 

succeed in postsecondary education, including credit-bearing 

coursework, and training or employment, or for concurrent enrollment activities.’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 206 (as so redesignated) is amended— (1) by inserting ‘‘$1,100,000,000 for fiscal year 2013 and’’ 

after ‘‘to carry out this title’’; and 

(2) by striking ‘‘of the fiscal years 1999 through 2003’’ and 

inserting ‘‘succeeding fiscal year’’. 

(f) TECHNICAL AMENDMENT.—Title II is further amended— 

(1) by striking subtitle B; 

(2) by striking the subtitle A designation; and 

(3) by redesignating chapters 1 through 4 as subtitles A 

through D, respectively. 

SEC. 202. AMENDMENTS TO SUBTITLE A. 

(a) RESERVATION OF FUNDS, ELIGIBLE AGENCIES, ALLOTMENTS.— Section 211 is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) RESERVATION OF FUNDS.—From the sum appropriated under 

section 206 for a fiscal year, the Secretary— 

‘‘(1) shall reserve $250,000,000 to carry out section 

242(c)(1)(E); 

‘‘(2) shall reserve 1.5 percent to carry out the remainder of 

section 242, except that the amount so reserved shall not exceed $15,000,000; 

‘‘(3) shall reserve 1.5 percent to carry out section 243, except 

that the amount so reserved shall not exceed $12,000,000; and 

‘‘(4) shall reserve 12 percent of the amount that remains 

after reserving funds under paragraphs (1) and (2) to carry out 

section 244.’’; 

(2) in subsection (b)— 


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(A) by striking ‘‘section 205’’ and inserting ‘‘section 206’’; 

and 

(B) by striking ‘‘section 224’’ and inserting ‘‘section 112 

or a State unified plan approved under section 113’’; and 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘section 205’’ and inserting ‘‘section 

206’’; 

(ii) by striking ‘‘section 224’’ and inserting ‘‘section 

112 or a State unified plan approved under section 

113’’; and 

(iii) in subparagraph (A)— 

(I) by striking ‘‘$100,000’’ and inserting 

‘‘$250,000’’; and 

(II) by inserting ‘‘except as provided in subsection (e)’’ after ‘‘outlying area’’; and 

(iv) in subparagraph (B), by striking ‘‘$250,000’’ and 

inserting ‘‘$350,000’’; and 

(B) in paragraph (2), by striking ‘‘section 205’’ and inserting ‘‘section 206’’; 

(4) by amending subsection (f) to read as follows: 

‘‘(f) HOLD-HARMLESS PROVISIONS.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (c), for fiscal 

year 2011 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) 100 PERCENT ALLOTMENT.—Notwithstanding paragraph 

(1) of subsection (e), for a fiscal year for which an eligible agency receives only an initial allotment under subsection (c)(1) 

(and no additional allotment under subsection (c)(2)) the eligible agency shall receive an allotment under this section that 

is equal to 100 percent of the initial allotment under subsection (c)(1). 

‘‘(3) RATABLE REDUCTION.—If for any fiscal year the amount 

available for allotment under this title is insufficient to satisfy 

the provisions of paragraphs (1) and (2), the Secretary shall 

ratably reduce the payments to all eligible agencies, as necessary.’’; and 

(5) by adding at the end the following: 

‘‘(h) STUDY AND REPORT.— 

‘‘(1) STUDY.—The Comptroller General of the United States 

shall conduct a study concerning the formula described in this 

section and, in conducting the study, shall, at a minimum— 

‘‘(A) examine whether the formula results in a distribution of funds that sufficiently targets the entire population 

of individuals eligible for adult education and literacy activities under this title; 

‘‘(B) examine whether the data used to count qualified 

adults, for purposes of the formula, accurately identify the 

population of individuals eligible for the activities; and 

‘‘(C) develop recommendations, as necessary, for improving the formula so that the formula results in a distribution of funds that better serves that population and the 


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data used to count qualified adults accurately measure 

that population. 

‘‘(2) REPORT.—Not later than 3 years after the date of enactment of the Workforce Investment Act of 2013, the Comptroller 

General 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 a report containing the results of the study described in paragraph 

(1).’’. 

(b) PERFORMANCE ACCOUNTABILITY SYSTEM.—Section 212 is 

amended to read as follows: 

‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

‘‘Programs and activities authorized in this title are subject to 

the performance accountability provisions described in section 136. 

Additional indicators shall include the following: 

‘‘(1) Demonstrated improvements in literacy skill levels in 

reading, writing, and speaking the English language, 

numeracy, English language acquisition, and other literacy 

skills. 

‘‘(2) Receipt of a secondary school diploma or its equivalent. 

‘‘(3) Attainment of an industry-recognized workforce readiness credential or other recognized postsecondary credential, 

the attainment of which requires skills below the postsecondary level. 

‘‘(4) Placement in, retention in, or completion of a postsecondary education or training program.’’. 

SEC. 203. AMENDMENTS TO SUBTITLE B. 

(a) STATE ADMINISTRATION.—Section 221 is amended— 

(1) in paragraph (1), by striking ‘‘submission, and implementation of the State plan’’ and inserting ‘‘implementation, and 

monitoring of the relevant components of the State unified 

plan in section 112 or the State unified plan in section 113’’. 

(b) STATE DISTRIBUTION AND MATCHING REQUIREMENT.—Section 

222 is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking ‘‘ 

this subtitle’’ and inserting ‘‘section 211(b)’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘82.5 percent’’ and inserting ‘‘80 percent’’; 

(ii) by striking ‘‘10 percent’’ and inserting ‘‘not less 

than 10 percent’’; and 

(iii) by striking ‘‘of the 82.5 percent’’; 

(C) in paragraph (2), by striking ‘‘12.5 percent’’ and inserting ‘‘15 percent’’; and 

(D) in paragraph (3), by striking ‘‘$65,000’’ and inserting 

‘‘$75,000’’; and 

(2) in subsection (b)(1), by striking ‘‘equal to—’’ and inserting 

‘‘that is not less than—’’. 

(c) STATE LEADERSHIP ACTIVITIES.—Section 223 is amended by 

amending subsection (a) to read as follows: 

‘‘(a) ACTIVITIES.— ‘‘(1) REQUIRED.—Each eligible agency shall use funds made 

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able to the State for such purposes, 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 112 or 

the State unified plan under section 113, 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, writing, and numeracy instruction 

and instruction for English language learners 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, including 

technical assistance in— 

‘‘(i) the development and dissemination of instructional and programmatic practices based on available 

evidence-based research, where 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 in providing access to employment, education, and 

training services; 

‘‘(iii) the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies; 

‘‘(iv) the development of content and models for career pathways, including integrated education and 

training, career bridge programs or instruction, and 

postsecondary transition activities; and 

‘‘(v) the acquisition and implementation of technology tools, applications, and other resources that 

will— 

‘‘(I) help in enhancing or redesigning adult education, literacy, and workplace skills curricula to 

improve technology literacy for adult learners; 

‘‘(II) facilitate assessments for data analysis to 

enable individualized instruction; and 

‘‘(III) be employed in professional development 

activities. 

‘‘(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. 


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‘‘(E) The assessment of the quality of the adult education 

teacher workforce in the State, which shall include taking 

actions to improve that quality, including by establishing 

a requirement that all paid professionals have at least a 

bachelor’s degree and that volunteers be required to be supervised or supported by a paid professional with a bachelor’s degree, and through such actions as working in partnership with colleges and universities to improve the quality of adult education teacher preparation and increase access to high-quality preparation programs. 

‘‘(F) The development of rigorous content standards and 

aligned assessments for their adult education programs 

that reflect accepted standards for college- and careerreadiness that are aligned with the college- and careerready standards the State develops and implements in 

compliance with section 14006(d)(4) of the American Recovery and Reinvestment Act of 2009. 

‘‘(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, including online and on-air educational digital content, translation technology, or distance education, 

including professional development to support the use of 

instructional technology. 

‘‘(C) The development and dissemination of curricula, including curricula incorporating the essential components of 

reading instruction as such components relate to adults. 

‘‘(D) The dissemination of content and models for integrated education and training and career pathways, including the provision of technical assistance to eligible providers in the State administering such programs. 

‘‘(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 136(b)(3). 

‘‘(F) The provision of assistance to eligible providers in 

the development of new data management systems required by the performance accountability system described 

in section 136(b). 

‘‘(G) 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. 

‘‘(H) The integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers. 

‘‘(I) Activities to promote workplace adult education and 

literacy activities. 

‘‘(J) Activities to promote and complement local outreach 

initiatives described in section 243(b)(3)(G). 


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‘‘(K) In cooperation with efforts funded under sections 

242 and 243, development and piloting of— 

‘‘(i) promising and proven assessment tools and 

strategies that— 

‘‘(I) are based on evidence-based research, where 

available and appropriate; and 

‘‘(II) identify the needs and capture the gains of 

students at all levels, with particular emphasis 

on— 

‘‘(aa) students at the lowest achievement 

level; 

‘‘(bb) students who are English language 

learners; and 

‘‘(cc) adults with learning disabilities; 

‘‘(ii) strategies for improving teacher quality and retention; 

‘‘(iii) assistance in converting evidence-based research into practice; and 

‘‘(iv) strategies in the use of technology, including 

online and on-air educational digital content to improve technology literacy for adult learners. 

‘‘(L) The development and implementation of programs 

and services to meet the needs of adult learners with 

learning disabilities who are English language learners. 

‘‘(M) Family literacy activities that promote adult education and help parents become their child’s first teacher. 

‘‘(N) Support for recruitment and outreach for instructors, students, and employers. 

‘‘(O) Other activities of statewide significance that promote the purpose of this title. 

‘‘(3) DIGITAL LEARNING.—Each eligible agency may reserve 

up to 10 percent of the funds made available under section 

(222)(a)(2) for grants to an entity that owns and operates a television public broadcast station, as defined in section 397(6) of 

the Communications Act of 1934 (47 U.S.C. 397(6)) (including 

a partnership of such entities), in partnership with an eligible 

agency, State Board described in section 111, or institution of 

higher education to develop, disseminate, and provide online 

and on-air education and training services for adults, including: 

‘‘(A) the development, training and use of innovative, 

high-quality tools, products, and educational digital content and services for— 

‘‘(i) adult education and literacy, GED preparation, 

workforce training, and related outreach (including 

community and family) services; 

‘‘(ii) professional development; and 

‘‘(iii) English language education and services for 

non-English speakers; 

‘‘(B) the development and implementation of technology 

applications, including online and on-air education digital 

content, translation technology, or distance education, including professional development to support the use of instructional technology; and 


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‘‘(C) developing and piloting strategies in the use of technology through online and on-air educational digital content, including to improve technology literacy for adult 

learners.’’. 

(d) STATE PLAN.—Section 224 is amended to read as follows: 

‘‘SEC. 224. STATE PLAN. 

‘‘Each State desiring to receive funds under this title for any fiscal year shall submit and have approved by the Secretary and the 

Secretary of Labor a State plan in accordance with section 112 or 

a State unified plan in accordance with section 113.’’. 

(e) PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER INSTITUTIONALIZED INDIVIDUALS.—Section 225 is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘basic education’’ and 

inserting ‘‘adult education and literacy activities’’; 

(B) in paragraph (2), by striking ‘‘education programs’’ 

and inserting ‘‘education,’’; and 

(C) by striking paragraphs (3) and (4) and inserting the 

following: 

‘‘(3) secondary school credit; 

‘‘(4) integrated education and training; 

‘‘(5) career pathways; 

‘‘(6) concurrent enrollment; 

‘‘(7) postsecondary correctional education linked to employment; 

‘‘(8) peer tutoring; and 

‘‘(9) transition to re-entry initiatives and other post-release 

services with the goal of reducing recidivism.’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) REPORT.—In addition to any report required under section 

136, 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 136, of the eligible 

agency with respect to the programs and activities carried out 

under this section, including the 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.’’. 

SEC. 204. AMENDMENTS TO SUBTITLE C. 

(a) GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.—Section 

231 is amended— 


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(1) in subsection (b), by striking ‘‘one or more programs that 

provide’’ and all that follows and inserting ‘‘programs that provide adult education and literacy activities, programs that provide such activities concurrently with postsecondary education 

or training or employment activities, and credit-bearing postsecondary coursework.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘Each eligible’’ and inserting: 

‘‘(1) IN GENERAL.—Each eligible’’; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; 

(C) in subparagraph (A) (as so redesignated), by inserting ‘‘and compete’’ after ‘‘apply’’; and 

(D) by adding at the end the following: 

‘‘(2) GAO STUDY.—Not later than the second program year 

following the date of enactment of the , the Comptroller General shall conduct a study to determine how the provisions of 

paragraph (1) have been implemented and whether such provisions accomplished the purposes of such paragraph.’’; 

(3) in subsection (d)— 

(A) by striking ‘‘section 203(1)’’ and inserting ‘‘section 

203(4)’’; and 

(B) by striking ‘‘other than adult education activities’’ 

and inserting ‘‘other than activities for eligible individuals’’; and 

(4) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘will establish measurable goals for participant outcomes’’ and insert ‘‘would be 

responsive to— 

‘‘(A) regional needs as identified in the local plan under 

section 118; 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; 

‘‘(ii) who have learning disabilities; or 

‘‘(iii) who are English language learners;’’; 

(B) by amending paragraphs (2) through (8) to read as 

follows: 

‘‘(2) capacity, including past effectiveness in improving the 

English language, reading, and mathematic skills of eligible individuals of the eligible provider, to meet and exceed State-adjusted levels of performance for the primary indicators of performance described in section 136 for eligible individuals, especially with respect to eligible individuals who have low levels 

of literacy; 

‘‘(3) the extent to which the eligible provider demonstrates 

alignment between proposed activities and services and the 

strategy and goals of the local plan under section 118, as well 

as with the activities and services of the one-stop partners; 

‘‘(4) whether the eligible provider’s program uses instructional practices that include the essential components of reading instruction; 


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‘‘(5) whether the eligible provider’s activities are built on a 

strong foundation of evidence-based research on available and 

effective educational practices; 

‘‘(6) whether the eligible provider’s activities effectively employ advances in technology and delivery systems, including 

distance education; 

‘‘(7) 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 success in completing postsecondary education and 

training programs, obtain and advance in employment leading 

to economic self-sufficiency, and exercise the rights and responsibilities of citizenship; 

‘‘(8) whether the eligible provider’s activities are delivered by 

instructors, counselors, and administrators who meet minimum 

qualifications established by the State, and who have access to 

professional development, including through electronic 

means;’’; 

(C) in paragraph (9)— 

(i) by inserting ‘‘eligible provider’s’’ after ‘‘whether 

the’’; 

(ii) by inserting ‘‘education, training, and social service’’ after ‘‘other available’’; 

(iii) by inserting ‘‘local workforce investment 

boards,’’ after ‘‘postsecondary educational institutions,’’; and 

(iv) by inserting ‘‘, business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development 

of career pathways’’ before the semicolon; 

(D) in paragraph (10)— 

(i) by inserting ‘‘eligible provider’s’’ after ‘‘whether 

the’’; 

(ii) by inserting ‘‘coordination with Federal, State, 

and local’’ after ‘‘schedules and’’; and 

(iii) by striking ‘‘and transportation’’ and inserting 

‘‘transportation, mental health services, and career 

planning’’; and 

(E) by striking paragraphs (11) and (12) and inserting 

the following: 

‘‘(11) the capacity of the eligible provider to provide integrated education and training; 

‘‘(12) whether the eligible provider maintains an information 

management system that has the capacity to report measurable participant outcomes (consistent with section 136) and 

monitor program performance; 

‘‘(13) the capacity of the eligible provider to offer or connect 

individuals with career pathways that will lead to economic 

self-sufficiency; 

‘‘(14) whether the local areas in which the eligible provider 

is located have demonstrated need for additional English language acquisition programs, integrated English literacy, and 

civics education programs; and 


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‘‘(15) the capacity of the eligible provider to serve eligible individuals with disabilities, including individuals with learning 

disabilities.’’. 

(b) LOCAL APPLICATION.—Section 232 is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘under 

this subtitle’’ and inserting ‘‘from an eligible agency’’; 

(2) in paragraph (1), by striking ‘‘; and’’ and inserting ‘‘consistent with the requirements of this title;’’; and 

(3) by striking the period at the end of paragraph (2) and inserting a semicolon, and after such paragraph inserting the following: 

‘‘(3) a description of how the eligible provider will provide 

services in alignment with the local plan under section 118, including how such provider will promote concurrent enrollment 

in programs and activities under titles I and II, as appropriate, 

to assist eligible individuals in accessing and succeeding in 

postsecondary education and job training services and how 

such provider will promote access to career pathways; 

‘‘(4) a description of how the eligible provider will meet the 

State adjusted levels of performance described in section 

136(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 onestop 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.’’. 

(c) LOCAL ADMINISTRATIVE COST LIMITS.—Section 233 is amended— 

(1) in subsection (a)(2), by striking ‘‘personnel development 

and interagency coordination’’ and inserting ‘‘(including carrying out the requirements of section 136), professional development, and the activities described in paragraphs (3) and (5) 

of section 232’’; and 

(2) in subsection (b), by striking ‘‘adequate planning, administration, personnel development, and interagency coordination’’ and inserting ‘‘the eligible provider to carry out the activities described in subsection (a)(2)’’. 

SEC. 205. AMENDMENTS TO SUBTITLE D. 

(a) ADMINISTRATIVE PROVISIONS.—Section 241(b) is amended— 

(1) in paragraph (1)(A), by striking ‘‘adult education and literacy activities’’ and inserting ‘‘activities under this title’’; and 

(2) in paragraph (4), by striking ‘‘1 fiscal year only’’ and inserting ‘‘not more than 1 fiscal year’’. 

(b) NATIONAL INSTITUTE FOR ADULT EDUCATION AND LITERACY.— 

Section 242 is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘Adult Education and’’ after ‘‘Institute for’’; 

(B) in paragraph (1), by striking ‘‘literacy’’ and inserting 

‘‘effective adult education and literacy activities for adults 


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and families, including the identification of research topics’’; 

(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following: 

‘‘(2) supports the development and replication of promising 

and proven approaches to adult education and literacy activities and programs of demonstrated effectiveness;’’; 

(D) in paragraph (3) (as so redesignated), by striking 

‘‘literacy’’ and inserting ‘‘and disseminates information on 

adult education and literacy activities,’’; and 

(E) in paragraph (4) (as so redesignated), by striking 

‘‘programs by—’’ and all that follows through subparagraph (A) and inserting ‘‘activities by— 

‘‘(A) providing advice on the efforts of the Department of 

Education, Department of Labor, and the Department of 

Health and Human Services and other relevant agencies to 

achieve the goals of adult education and literacy programs 

and programs consistent with title I, within and across 

such agencies; 

‘‘(B) coordinating and participating in the Federal effort 

to identify, produce, and disseminate information on adult 

education and literacy activities that are derived from 

available evidence-based research and effective programs 

that serve adults and families, including individuals with 

learning disabilities; and 

‘‘(C) providing current information annually on effective 

practices and research in adult education and literacy activities 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, and 

the relevant Federal agencies.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘Adult Education and’’ 

after ‘‘Institute for’’; and 

(B) in paragraph (2), by striking ‘‘separate’’ and inserting 

‘‘independent’’; 

(3) by amending subsection (c) to read as follows: 

‘‘(c) DUTIES.— 

‘‘(1) IN GENERAL.—In order to reinforce and support the 

alignment of activities and programs consistent with provisions 

under title I, the Institute is authorized— 

‘‘(A) to maintain a national electronic database of information that disseminates information to the broadest possible audience within the adult education and literacy 

field, and that includes— 

‘‘(i) best practices and research regarding the provision of adult education and literacy activities, including instruction in the essential components of reading 

instruction, integrated education and training, and the 

integration of English literacy and civics education; 

‘‘(ii) public and private adult education and literacy 

activities and programs, and Federal, State, and local 

policies, affecting the provision of adult education and 


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literacy activities at the national, State, and local levels; 

‘‘(iii) opportunities for technical assistance, meetings, conferences, and other opportunities that lead to 

the improvement of adult education and literacy activities; 

‘‘(iv) a list of eligible providers; and 

‘‘(v) best practices in reading research, numeracy instruction, and service to English language learners; 

‘‘(B) to coordinate the support of promising and proven 

research, as defined by the Institute of Education Sciences, 

and development on adult education and literacy activities 

for adults and for employers across Federal agencies, and 

to carry out basic and applied research and development 

on topics that are not being investigated by other organizations or agencies, such as the special literacy needs of individuals with learning disabilities; 

‘‘(C) to provide policy and technical assistance to Federal, State, and local entities for the improvement of policy 

and programs relating to adult education and literacy activities; 

‘‘(D) to fund a network of State or regional adult education and literacy resource centers to assist State eligible 

agencies, eligible providers, and private nonprofit efforts to 

improve adult education and literacy activities by— 

‘‘(i) encouraging the coordination of adult education 

and literacy activities; 

‘‘(ii) enhancing the capacity of State eligible agencies 

and eligible providers to deliver adult education and 

literacy activities; and 

‘‘(iii) serving as a link between the Institute and eligible providers of adult education and literacy activities for the purpose of sharing information, data, research, expertise, and literacy resources, and for soliciting research needs; 

‘‘(E) to establish and maintain a national adult learning 

and technology resource center to— 

‘‘(i) develop frameworks for technology-based learning and professional development materials for adult 

education, literacy, and workplace skills; 

‘‘(ii) support distance education for professional development for eligible entities and eligible providers of 

adult education, literacy, and workplace skills services; 

‘‘(iii) coordinate and share information on the innovative uses of technology, such as the use of assistive 

technology to deliver digital content to adult learners; 

and 

‘‘(iv) be accessible to the public through the website 

of the center; 

‘‘(F) to advise Congress and Federal departments and 

agencies regarding the development of policy with respect 

to adult education and literacy activities; 

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livery system and that complement other such efforts 

being undertaken by public and private agencies and organizations, including activities that relate to the acquisition 

of skills in reading, writing, English language acquisition, 

and mathematics; 

‘‘(H) to assist States that are pursuing the implementation of standards-based educational improvements and related standards-based assessment instruments for eligible 

providers through the dissemination of training, technical 

assistance, and related support; and 

‘‘(I) to develop and disseminate best practices on the 

education, training, professional development, certification, 

and credentialing of adult education instructors, including 

how the use of technology can contribute to such efforts. 

‘‘(2) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— The Institute may award competitive grants to, or enter into 

contracts or cooperative agreements with, individuals, public or 

private institutions, agencies, organizations, or consortia of 

such institutions, agencies, or organizations to carry out the 

activities of the Institute. 

‘‘(3) COORDINATION.—In identifying and supporting promising and proven research the Institute shall use standards for 

research quality that are consistent with those of the Institute 

of Education Sciences.’’; 

(4) in subsection (d)(1), by striking ‘‘research, or innovation’’ 

and inserting ‘‘or research’’; 

(5) in subsection (e)— 

(A) in the subsection heading, by inserting ‘‘ADULT EDU- CATION AND’’ after ‘‘INSTITUTE FOR’’; 

(B) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘Adult Education and’’ after ‘‘Institute for’’; 

(ii) in subparagraph (B)(i)— 

(I) by inserting ‘‘adult education and’’ after ‘‘organizations and providers of’’; and 

(II) by striking ‘‘English literacy’’ and inserting 

‘‘English language acquisition’’; 

(iii) in subparagraph (B)(ii), by striking ‘‘literacy 

programs’’ and inserting ‘‘or have participated in or 

partnered with workplace adult education and literacy 

activities’’; 

(iv) in subparagraph (B)(iii), by striking ‘‘literacy’’ 

both places it appears and inserting ‘‘adult education 

and literacy’’; 

(v) in subparagraph (B)(iv), by inserting ‘‘adult education and literacy research, including adult’’ after 

‘‘area of’’; 

(vi) in subparagraph (B)(vi), by striking ‘‘and’’; 

(vii) in subparagraph (B)(vii), by striking the period 

and inserting ‘‘; and’’; and 

(viii) by adding at the end the following: 

‘‘(viii) institutions of higher education or postsecondary educational institutions.’’; 

(C) in paragraph (2)— 

(i) in subparagraph (B), by striking ‘‘and’’; 


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(ii) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(D) review the biennial report submitted to Congress 

pursuant to subsection (k).’’; and 

(D) in paragraph (5)— 

(i) by striking ‘‘Any’’ and inserting ‘‘A’’; and 

(ii) by inserting ‘‘at a meeting for which there is a 

quorum’’ before the period; 

(6) in subsection (k)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘The’’ and inserting ; and 

(ii) by striking ‘‘Committee on Labor and Human 

Resources of the Senate’’ and inserting ‘‘Committee on 

Health, Education, Labor and Pensions of the Senate 

and the relevant agencies’’; 

(B) in paragraph (1), by inserting ‘‘adult education and’’ 

after ‘‘field of’’; and 

(C) in paragraph (2), by striking ‘‘adult education and’’ 

after ‘‘goals of the’’; and 

(7) by adding at the end the following: 

‘‘(m) NATIONAL INSTITUTE FOR LITERACY.—Any reference in any 

other Federal law, Executive order, rule, regulation, or delegation 

of authority, or any document of or pertaining to— 

‘‘(1) the head of the National Institute for Literacy shall be 

treated as a reference to the head of the National Institute for 

Adult Education and Literacy; and 

‘‘(2) the National Institute for Literacy shall be treated as a 

reference to the National Institute for Adult Education and 

Literacy.’’. 

(c) NATIONAL LEADERSHIP ACTIVITIES.—Section 243 is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘The Secretary’’ and inserting: 

‘‘(a) IN GENERAL.—The Secretary’’; 

(B) by inserting ‘‘and outcomes’’ after ‘‘the quality’’; 

(C) by striking ‘‘programs’’ and inserting ‘‘activities and 

programs’’; and 

(D) by striking ‘‘Such activities may include the following:’’ and inserting: 

‘‘(b) ALLOWABLE ACTIVITIES.—The national leadership activities 

described in subsection (a) may include the following:’’; 

(2) in paragraph (1)— 

(A) by redesignating subparagraphs (A) through (C) as 

subparagraphs (B) through (D), respectively and inserting 

before subparagraph (B) (as so redesignated) the following: 

‘‘(A) assistance to help States meet the requirements of 

section 136;’’; 

(B) in subparagraph (B) (as so redesignated)— 

(i) by striking ‘‘developing and using performance 

measures’’ and inserting ‘‘using performance accountability measures based on indicators described in section 136, and data systems’’; and 

(ii) by striking ‘‘, including family literacy services’’; 

(C) in subparagraph (C) (as so redesignated), by striking 

‘‘including family literacy services’’ and all that follows and 


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inserting ‘‘utilizing evidence-based research where available;’’; 

(D) in subparagraph (D) (as so redesignated)— 

(i) by striking ‘‘learning’’ and inserting ‘‘education’’; 

and 

(ii) by striking the period and inserting the following: ‘‘, including through the use of instructional 

models that blend in-person and online instruction; 

and’’; and 

(E) by adding at the end the following: 

‘‘(E) assistance in the development and dissemination of 

promising and proven models for addressing the digital literacy needs of adults, including older adults.’’; 

(3) by redesignating paragraph (2) as paragraph (3), and inserting after paragraph (1) the following: 

‘‘(2) A program of grants, contracts, or cooperative agreements awarded on a competitive basis to national, regional, or 

local networks of private nonprofit organizations, public libraries, or institutions of higher education to build the capacity of 

such networks’ members to— 

‘‘(A) meet the performance requirements, described in 

section 136, of eligible providers under this title; and 

‘‘(B) involve eligible individuals in program improvement.’’; and 

(4) in paragraph (3) (as so redesignated)— 

(A) in the matter preceding subparagraph (A), by inserting ‘‘institutions of higher education,’’ after ‘‘postsecondary 

educational institutions,’’; 

(B) in subparagraph (A), by striking ‘‘phonemic awareness’’ and all that follows through ‘‘reading comprehension’’ and inserting ‘‘the essential components of reading 

instruction’’; 

(C) in subparagraph (B), by striking ‘‘, including family 

literacy services’’; 

(D) in subparagraph (C), by striking ‘‘research, such as’’ 

and inserting: ‘‘research, including evidence-based research 

where available, on national literacy basic skill acquisition 

for adult learning, including’’; 

(E) in subparagraph (D)— 

(i) in clause (i), by striking the semicolon and inserting ‘‘, which may include programs that— 

‘‘(I) accelerate learning outcomes for eligible individuals with the lowest literacy levels; 

‘‘(II) promote career pathways for eligible individuals; 

‘‘(III) promote concurrent enrollment programs 

in adult education and credit bearing postsecondary coursework; and 

‘‘(IV) develop high-quality professional development activities for eligible providers;’’; and 

(ii) in clause (ii), by striking ‘‘such as the development’’ and all that follows and inserting ‘‘such as— 

‘‘(I) programs for skill certification; 


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‘‘(II) the identification of effective strategies for 

working with adults with learning disabilities and 

with adults who are English language learners; 

‘‘(III) integrated education and training programs; 

‘‘(IV) programs providing adult education and 

literacy activities coordinated with employment 

services; 

‘‘(V) family literacy activities that promote adult 

education and help parents become their child’s 

first teacher; and 

‘‘(VI) postsecondary education and training transition programs;’’; 

(F) in subparagraph (E)— 

(i) in the matter preceding clause (i), by striking 

‘‘through studies and analyses conducted independently’’; 

(ii) in clause (i)— 

(I) by inserting ‘‘accountability’’ after ‘‘performance’’; 

(II) by inserting ‘‘, including interim measures 

connected to increasing advancement along a career pathway,’’ after ‘‘measures of accountability’’; 

and 

(III) by striking ‘‘, including family literacy services’’; 

(iii) in clause (ii)— 

(I) by striking ‘‘including family literacy services’’; and 

(II) by striking ‘‘adults (and of children’’ and all 

that follows through ‘‘in such activities’’ and inserting ‘‘eligible individuals, lead’’; 

(iv) in clause (iii)— 

(I) by striking ‘‘adults’’ and inserting ‘‘eligible 

individuals’’; 

(II) by striking ‘‘family’’; and 

(III) by striking ‘‘programs’’ and inserting ‘‘activities’’; and 

(v) in clause (iv), by striking ‘‘eligible agencies have 

distributed’’ and all that follows and inserting ‘‘different types of providers measurably improve the 

skills of eligible individuals in adult education and literacy activities;’’; 

(G) by redesignating subparagraphs (F), (G) and (H) as 

subparagraphs (G), (H), and (K), respectively; 

(H) by inserting after subparagraph (E) the following: 

‘‘(F) carrying out research on the relationship between 

instructional quality, including education levels, certification status, and experience of instructors, and the performance outcomes of eligible providers consistent with 

section 136;’’; 

(I) in subparagraph (G) (as so redesignated)— 

(i) by inserting ‘‘of programs’’ after ‘‘building’’; and 

(ii) by striking ‘‘subtitle’’ and inserting ‘‘title’’; and 


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(J) in subparagraph (H) (as so redesignated), by striking 

‘‘; and’’ and inserting a semicolon and inserting after such 

subparagraph the following: 

‘‘(I) supporting the development of an entity that would 

produce and distribute technology-based programs and materials for adult education and literacy activities using an 

interconnection system (as defined in section 397 of the 

Communications Act of 1934 (47 U.S.C. 397)) and expand 

the effective outreach and use of such programs and materials to eligible providers; 

‘‘(J) 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’’. 

(d) INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.— 

Subtitle D, as redesignated by section 201(f), is further amended by 

adding after section 243 the following new section: 

‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION. 

‘‘(a) IN GENERAL.—From funds made available under section 

211(a)(1)(C) for each fiscal year, the Secretary shall award grants 

to States, from allotments under subsection (b), for integrated 

English literacy and civics education. 

‘‘(b) ALLOTMENT.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), from amounts 

made available under section 211(a)(1)(C) 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) STUDY TO DETERMINE CONTINUED NEED.—Not later than 2 

years after the date of the enactment of the Workforce Investment 

Act of 2012 and every 2 years thereafter, the Secretaries of Education, Labor, and Homeland Security shall submit a report to Congress about the English-language instruction needs of adult immigrants. It shall include changes in national, State and county-level 

approaches and requirements in English-language instruction; data 

on the composition of recent immigration flows and immigrant settlement patterns across States; and estimated instructional needs 

based on the English ability and educational attainment of recent 

immigrants from top immigrant-sending countries. Such study 

shall be commissioned by the Institute of Education Sciences, with 


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its design conducted in collaboration with the Departments of 

Labor and Homeland Security.’’. 

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 redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; 

(2) by inserting after paragraph (1) the following: 

‘‘(2) the term ‘employment service office’ means a local office 

of a State agency;’’; 

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

(A) by striking ‘‘investment board’’ each place it appears 

and inserting ‘‘development board’’; and 

(B) by striking ‘‘of 1998’’ and inserting ‘‘of 2011’’; 

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

(A) by striking ‘‘134(c)’’ and inserting ‘‘221(e)’’; and 

(B) by striking ‘‘1998’’ and inserting ‘‘2011’’; 

(5) in paragraph (6) (as so redesignated), by striking the period and inserting a semicolon; and 

(6) by adding at the end the following: 

‘‘(7) except in section 15, the term ‘State agency’, used without further description, means an agency designated or authorized under section 4; and 

‘‘(8) the term ‘workplace learning advisor’, has the meaning 

given the terms in section 101 of the Workforce Investment Act 

of 1998.’’. 

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)(2) 

of the Wagner-Peyser Act (29 U.S.C. 49b(c)(2)) is amended by inserting ‘‘, and identify and disseminate information on best practices for such system’’ before the semicolon. 

(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, the employment 

service offices in each State and the one-stop centers shall be collocated to the extent practicable. 

‘‘(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 Investment Act of 2012; and 


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‘‘(2) such other delivery systems as the Secretary determines 

to be appropriate.’’. 

SEC. 304. ALLOTMENT OF SUMS. 

Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘From’’ and inserting ‘‘After making the 

reservation required by subsection (c), from’’; and 

(B) 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) 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) by striking the period at the end of subparagraph (F) and 

inserting ‘‘; and’’; and 

(3) by inserting after subparagraph (F) the following: 

‘‘(G) providing unemployment insurance claimants and 

other unemployed individuals 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 Investment 

Act of 2012, and title I of the Rehabilitation Act of 1973 

(29 U.S.C. 720 et seq.).’’. 

(b) 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 136(b)(2)(A)(i) of the Workforce Investment Act of 

2012’’; and 


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(2) in paragraph (2), by inserting ‘‘offices’’ after ‘‘employment 

service’’. 

(c) PROVIDING ADDITIONAL FUNDS.—Section 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) is amended by striking ‘‘1998’’ 

and inserting ‘‘2011’’. 

(d) OTHER SERVICES AND ACTIVITIES.—Section 7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended by striking ‘‘1998’’ 

and inserting ‘‘2011’’. 

(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 ‘‘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 112 or 113 of the Workforce Investment Act of 2011.’’. 

SEC. 307. PERFORMANCE ACCOUNTABILITY 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 136(b)(2)(A)(i) of the Workforce Investment Act of 2011.’’. 

SEC. 308. PILOT PROJECTS. 

The Wagner-Peyser Act is amended by inserting after section 13 

(29 U.S.C. 49l) the following: 

‘‘SEC. 13A. PILOT PROJECTS. 

‘‘(a) GRANTS.—From funds appropriated under subsection (f), the 

Secretary, in consultation with the Secretary of Education, shall establish and carry out a pilot program. In carrying out the program, 

the Secretary shall annually make grants, on a competitive basis, 

to State agencies to cooperate in the administration of this Act by 

carrying out pilot projects that enhance the professional development and provision of services by the staff of such State agencies. 

‘‘(b) USE OF FUNDS.—Funds made available under this section 

may be used to enable a State agency to— 

‘‘(1) make available a broad range of career guidance services, including career planning, aptitude and interest assessments, provision of labor market information, job placement 

services, and evaluations of the outcomes for recipients of such 

services; 

‘‘(2) strengthen the capacity of the State agency to identify 

job openings through the use of technology, and through intensive outreach to small- and medium-size employers while using 

and enhancing the business and employer services authorized 

under this Act; 

‘‘(3) provide professional development and career advancement opportunities for staff of a State agency in order to upgrade their skills and competencies in the provision of career 

development activities, employer outreach, job placement, and 

other services authorized under this Act, including upgrading 


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those skills and competencies through the training of such staff 

to improve their knowledge of, and ability to effectively interact with, staff and programs of one-stop partners and other entities administering workforce development programs; 

‘‘(4) identify and implement strategies for State agency staff 

to provide technical assistance and training to assist other providers of workforce development activities, including workplace 

learning advisors, in providing counseling and employment-related services to workers and job seekers, and employers; and 

‘‘(5) identify and implement new strategies for integrating 

counseling and technology to enhance the provision of employment-related services under this Act. 

‘‘(c) APPLICATIONS.—A State agency that seeks a grant under this 

section shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. 

‘‘(d) PRIORITY.—In awarding grants under this section, the Secretary, in consultation with the Secretary of Education, shall— 

‘‘(1) give priority to a State agency that— 

‘‘(A) demonstrates participation by employees of the 

agency and their organized representatives in the planning 

of the proposed pilot project; 

‘‘(B) demonstrates participation by the employees, or 

provides an assurance that the employees will participate, 

in the implementation of the pilot project; and 

‘‘(C) demonstrates that the State agency has established 

a partnership, or provides an assurance that the agency 

will establish a partnership, with a relevant professional 

organization, or with an institution of higher education; 

and 

‘‘(2) ensure geographic diversity and diversity with respect to 

the population density of the States in which projects under 

this section will be carried out. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017.’’. 

SEC. 309. 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 ‘‘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 ‘‘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 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.— 


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‘‘(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 labor market information funding) for fiscal years 2013 through 2017, 

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 labor market information for the 

system, shall carry out the following duties: 

‘‘(A) Assign responsibilities within the Department of 

Labor for elements of the 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 labor market information system described in subsection (a) and respond in writing to the 

Council regarding the recommendations. 

‘‘(D) Through the Bureau of Labor Statistics and the 

Employment and Training Administration, and in collaboration with States, develop and maintain the elements of 

the 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). 

‘‘(E) 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 


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for the 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 

112 or 113 of the Workforce Investment Act of 2012 and 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. The plan shall include— 

‘‘(1) a description of how the Secretary will work with the 

States to manage the nationwide 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 of Labor 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 labor market information system described in subsection 

(a) and the statewide 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 


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have been nominated by such agencies or by a national organization that represents such agencies; 

‘‘(ii) 4 members who are representatives of the State 

labor market information directors affiliated with the 

State agencies that perform the 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 

Investment Act of 2012; 

‘‘(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 investment 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 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) STATE RESPONSIBILITIES.—Section 15(e) of the Wagner-Peyser 

Act (29 U.S.C. 49l–2(e)) is amended— 


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(1) by striking ‘‘employment statistics’’ each place it appears 

and inserting ‘‘labor market information’’; 

(2) in paragraph (1)(A) by striking ‘‘annual plan’’ and inserting ‘‘plan described in subsection (c)’’; and 

(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 131(i)(2) of the Workforce Investment Act of 2012’’; 

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 

‘‘1999 through 2004’’ and inserting ‘‘2013 through 2017’’. 

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) is amended— 

(1) in paragraph (5), by striking ‘‘and’’ at the end; 

(2) in paragraph (6), by striking the period and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(7)(A) a high proportion of students are 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 the matter preceding subparagraph (A), by striking ‘‘with disabilities’’ and all that follows through ‘‘economic’’ and inserting ‘‘with disabilities, including individuals with the most significant disabilities, to maximize opportunities for competitive integrated employment and to 

achieve economic’’; and 

(B) at the end of subparagraph (F), by striking ‘‘and’’; 

(2) in paragraph (2), by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(3) to increase employment opportunities and employment 

outcomes for individuals with disabilities, including through 


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encouraging meaningful involvement by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and 

‘‘(4) 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 receiving accommodations and supports consistent 

with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

794) are either continuing their education or employed in competitive integrated employment.’’. 

SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 

Section 3 (29 U.S.C. 702) is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by striking ‘‘Office of the Secretary’’ and inserting ‘‘Office of Special Education and Rehabilitative Services’’; 

(B) in the second sentence, by striking ‘‘IV and V’’ and 

inserting ‘‘IV, V, VII, and VIII’’; and 

(C) by striking the last 3 sentences and inserting ‘‘The 

functions of the Commissioner shall not be delegated to 

any officer, unless the officer is directly responsible to the 

Assistant Secretary for Special Education and Rehabilitative Services.’’; 

(2) by redesignating subsection (b) as subsection (c); 

(3) by inserting after subsection (a) the following: 

‘‘(b) The Secretary shall ensure that— 

‘‘(1) the Rehabilitation Services Administration provides 

oversight of, conducts monitoring of, and provides technical assistance to, the designated State agencies funded under this 

Act; and 

‘‘(2) the staff providing such oversight, monitoring, and technical assistance includes individuals who have training in and 

experience with the programs administered by the Rehabilitation Services Administration.’’; and 

(4) in subsection (c), as redesignated by paragraph (2), by 

striking ‘‘for the programs’’ and all that follows and insert ‘‘in 

a manner that is consistent with the purposes of the program 

for which the funds are appropriated and of this Act, as enumerated in section 2(b)’’. 

SEC. 404. DEFINITIONS. 

Section 7 (29 U.S.C. 705) is amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by inserting after ‘‘means’’ the following: ‘‘an assessment that presumes the attainment of an employment outcome for all 

individuals with disabilities (including individuals with 

significant disabilities and individuals with the most significant disabilities), and that relies on’’; and 

(B) in subparagraph (B)— 

(i) in clause (iii), by striking ‘‘and’’ at the end; 

(ii) in clause (iv), by striking the semicolon and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 


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‘‘(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) in paragraph (5)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘for employment, including career advancement’’ and 

inserting ‘‘for competitive integrated employment and for 

career advancement, including’’; 

(B) by redesignating subparagraphs (O) through (Q) as 

subparagraphs (P) through (R); 

(C) by inserting after subparagraph (N) the following: 

‘‘(O) customized employment services;’’; and 

(D) in subparagraph (R), as redesignated by subparagraph (B) of this paragraph, by striking ‘‘(P)’’ and inserting 

‘‘(Q)’’; 

(3) by redesignating paragraphs (6) as paragraph (7) and inserting after paragraph (5) the following new paragraph: 

‘‘(6) COMPETITIVE INTEGRATED EMPLOYMENT.— ‘‘(A) IN GENERAL.—The term ‘competitive integrated employment’ means work by an employee who is an individual with a disability— 

‘‘(i) that is compensated at a rate that— 

‘‘(I) is the same rate as the rate for 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; and 

‘‘(II) shall be in accordance with the 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; 

‘‘(ii) for which the employee receives health and employment benefits comparable to those of other employees; 

‘‘(iii) that is at a location typically found in the community where the employee interacts frequently with 

other employees and individuals who are not individuals with disabilities to the same extent that non-disabled employees in comparable positions interact with 

others; and 

‘‘(iv) that provides opportunities for advancement 

that are equivalent to those for other employees who 

are not individuals with disabilities and who have 

comparable positions. 

‘‘(B) INCLUSION OF CUSTOMIZED OR SUPPORTED EMPLOY- MENT.—The term ‘competitive integrated employment’ includes integrated employment resulting from the provision 

of customized employment strategies or supported employment services, provided the work involved satisfies the criteria described in subparagraph (A). 

‘‘(C) INCLUSION OF SELF-EMPLOYMENT OR MICRO-ENTER- PRISES.—The term ‘competitive integrated employment’ includes self-employment or micro-enterprises, as long as the 


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work involved satisfies the criteria described in subparagraph (A).’’; 

(4) by redesignating paragraphs (8) through (28) as paragraphs (9) through (29), respectively, and inserting after paragraph (7) the following: 

‘‘(8) CUSTOMIZED EMPLOYMENT.—The term ‘customized employment’ means an employment outcome in 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; and 

‘‘(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 (including a work 

schedule) and specifics of supervision (including performance evaluation and review), and determining job 

location; 

‘‘(iii) representation by a professional chosen by the 

individual, or self-representation by the individual, in 

working with an employer to facilitate placement; and 

‘‘(iv) providing services and supports at the job location.’’; 

(5) in paragraph (12) (as so redesignated)— 

(A) in subparagraph (A), by striking ‘‘competitive employment in the integrated labor market’’ and inserting 

‘‘competitive integrated employment’’; and 

(B) in subparagraph (C), by inserting ‘‘customized employment,’’ after ‘‘outcome of’’; 

(6) in paragraph (18) (as so redesignated)— 

(A) by striking the ‘‘and’’ at the end of subparagraph (C); 

(B) in subparagraph (D), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(E) transition and prevention 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 required 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 (including students) who are individuals with significant disabilities, 

who were eligible for individualized education programs under section 614(d) of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414(d)), and 

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erwise left school, to postsecondary life, including employment; and 

‘‘(F) services to promote full access to community life.’’; 

(7) in paragraph (21)(B), by striking ‘‘and VII’’ and inserting 

‘‘VII, and VIII’’; 

(8) by redesignating paragraphs (29) through (34) as paragraphs (32) through (37), respectively; 

(9) by inserting after paragraph (29) the following: 

‘‘(30) POST-EMPLOYMENT SERVICE.—The term ‘post-employment service’ means a service identified under section 103(a) 

that is— 

‘‘(A) provided subsequent to the achievement of an employment outcome; and 

‘‘(B) necessary for an individual to maintain or regain an 

employment outcome in competitive integrated employment, consistent with the individual’s strengths, resources, 

priorities, concerns, abilities, capabilities, interests, and informed choice. 

‘‘(31) PRE-EMPLOYMENT TRANSITION SERVICES.— ‘‘(A) IN GENERAL.—The term ‘pre-employment transition 

services’ means a coordinated set activities for an eligible 

student with a disability, designed within an outcome-oriented process, that promotes movement from school to any 

of the following post-school activities: postsecondary education, vocational training, competitive integrated employment (including supported employment), adult education, 

adult services, independent living, or community participation. 

‘‘(B) SPECIFIC SERVICES.—The term ‘pre-employment 

transition services’ means a set of services, that is available to students with disabilities, and that makes available, at a minimum— 

‘‘(i) career counseling; 

‘‘(ii) work-based learning experience, including inschool and after school work experience, or work experience outside the traditional school setting (such as 

experience through job training or internships), that is 

provided in an integrated environment to the maximum extent possible; 

‘‘(iii) counseling on opportunities for enrollment in a 

comprehensive transition or postsecondary educational 

program at an institution of higher education; 

‘‘(iv) school-based preparatory employment experiences such as role playing, social skills development, 

and independent living training, coordinated with any 

transition services provided by the local educational 

agency under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and 

‘‘(v) training in self-advocacy, individual rights, selfdetermination skills, and the informed consent process, as well as peer mentoring. 

‘‘(C) COORDINATED SET OF ACTIVITIES.—For purposes of 

subparagraph (A), the coordinated set of activities shall be 

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clude education and training, community experiences, the 

development of employment and other adult living objectives, and, when appropriate, acquisition of daily living 

skills and functional vocational evaluation.’’; 

(10) by redesignating paragraphs (35) through (39) as paragraphs (39) through (43), respectively, and inserting after paragraph (37) (as so redesignated) the following: 

‘‘(38) STUDENT WITH A DISABILITY.— ‘‘(A) IN GENERAL.—The term ‘student with a disability’ 

means an individual with a disability who— 

‘‘(i) attends a secondary school; 

‘‘(ii)(I) is not younger than the earliest age for the 

provision of transition services 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)); 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 

‘‘(iii)(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.’’; 

(11) by striking paragraphs (38) and (39), as redesignated by 

paragraph (12), and inserting the following: 

‘‘(38) SUPPORTED EMPLOYMENT.—The term ‘supported employment’ means an employment outcome in competitive integrated employment, including customized employment, that is 

consistent with the strengths, resources, priorities, concerns, 

abilities, capabilities, 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; 

‘‘(B) who, because of the nature and severity of their disability— 

‘‘(i) need intensive supported employment services 

for the period described in paragraph (39); and 

‘‘(ii) need extended services described in paragraph 

(13) in order to continue to perform in such work beyond the period described in paragraph (39); and 

‘‘(C) to the extent that on-going extended services, as described in paragraph (13) of this section, are needed, the 

designated State unit will assist the individual in identifying providers of those services. 

‘‘(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘supported employment services’ means ongoing support services, 

including customized employment, needed to support and 


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maintain an individual with a most significant disability in an 

employment, outcome that— 

‘‘(A) are provided singly or in combination and organized 

and made available in such a way as to assist an eligible 

individual to succeed in 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 the period 

may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for 

employment.’’; and 

(12) by inserting after paragraph (43) (as so redesignated) 

the following: 

‘‘(44) YOUTH WITH A DISABILITY.—The term ‘youth with a disability’ means an individual with a disability who— 

‘‘(A) is not younger than 14 years of age; and 

‘‘(B) is not older than 24 years of age.’’. 

SEC. 405. ADMINISTRATION OF THE ACT. 

Section 12(a)(1) (29 U.S.C. 709) is amended— 

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

(2) 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 to increase the employment of individuals with disabilities; and 

‘‘(C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities.’’. 

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) by adding at the end the following: 

‘‘(2) The ILA Director described in section 701A shall include, in 

the annual report, information on the extent to which centers for 

independent living receiving funds under part C of title VII have 

complied with the standards and assurances set forth in section 

725. The ILA Director may identify individual centers for independent living in the analysis contained in that information. The 

ILA 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 of title VII.’’; 

and 

(2) by adding at the end the following: 

‘‘(d)(1)(A) The Commissioner shall ensure that the reports, information, and data described in subparagraph (B) are made publicly 

available in a timely and accessible manner, including through 

electronic means, in order to inform the public about the administration and performance of programs in each State under this Act. 

‘‘(B) The reports, information, and data referred to in subparagraph (A) shall consist of— 


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‘‘(i) reports submitted by a designated State agency or designated State unit under this Act; 

‘‘(ii) accountability information, including State performance 

information relating to evaluation standards and performance 

indicators, and additional performance accountability indicators, under section 106, including information on compliance 

with such standards, indicators, and measures, relating to individuals with disabilities, submitted by a designated State 

agency or designated State unit under this Act, or submitted 

by a State to the Secretary of Labor or the Secretary of Education under section 136 of the Workforce Investment Act of 

1998; 

‘‘(iii) data collected from each designated State unit under 

this Act; and 

‘‘(iv) reports from monitoring conducted under this Act, including relevant reports required under section 136 of the 

Workforce Investment Act of 1998 and other relevant reports, 

information, and data required under title I of such Act. 

‘‘(C)(i) The Commissioner shall ensure that the information described in clause (ii) is made publicly available in a timely and accessible manner, including through electronic means. 

‘‘(ii) The information referred to in clause (i) is— 

‘‘(I) the reports, information, and data required to be submitted by designated State units or designated State agencies 

under this Act; 

‘‘(II) evaluations, studies, and audits conducted by Federal 

agencies, concerning programs carried out under this Act; and 

‘‘(III) a list that specifies the designated State unit or designated State agency for each State, including a link to the 

website maintained by each such unit or agency. 

‘‘(2) The Commissioner shall maintain public use read-only access 

to the State and aggregated reports, and analyzed data, concerning 

programs carried out under this Act, that are filed and maintained 

in the Rehabilitation Services Administration management information system or a system maintained by the Department of Education.’’. 

SEC. 407. EVALUATION. 

Section 14(f)(2) (29 U.S.C. 711(f)(2)) is amended by striking ‘‘nonintegrated to integrated employment’’ and inserting ‘‘nonintegrated 

to competitive integrated employment’’. 

SEC. 408. CARRYOVER. 

Section 19 (29 U.S.C. 716) is amended— 

(1) in subsection (a), by striking ‘‘part B of title I’’ and all 

that follows through ‘‘including’’ and inserting ‘‘part B of title 

I (except the client assistance program funded under section 

112), part B of title VI, or chapter 2 and 4 of title VII including’’; and 

(2) by adding at the end the following: 

‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION AND ADVOCACY

OF INDIVIDUAL RIGHTS.— 

‘‘(1) APPROPRIATED AMOUNTS.—Notwithstanding any other 

provision of law, any funds appropriated for a fiscal year to 

carry out a grant program under section 112 or 509 (except as 

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ing that fiscal year under such grant program, that are not obligated and expended by a recipient prior to the beginning of 

the succeeding fiscal year, shall remain available for obligation 

and expenditure by such recipient during such succeeding fiscal year. 

‘‘(2) PROGRAM INCOME.—Notwithstanding any other provision 

of law, any amount of program income received by a recipient 

under a grant program under section 112 or 509 in a fiscal 

year that is not obligated and expended by the recipient prior 

to the beginning of the succeeding fiscal year, shall remain 

available until expended.’’. 

SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 

Section 21 (29 U.S.C. 718) is amended in subsection (a), by striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) RACIAL PROFILE.—The demographic profile of the United 

States is changing at an unprecedented rate, with the population of the Nation becoming far more ethnically diverse than 

in the past. Within the United States, while the rate of increase from 2000 to 2010 for White Americans was 7.9 percent, 

the rate of increase during that period for racial and ethnic minorities was much higher: 42.0 percent for Latinos, 11.4 percent for African-Americans, and 34.9 percent for Asian-Americans. 

‘‘(2) RATE OF DISABILITY.—Ethnic and racial minorities tend 

to have disabling conditions at a disproportionately high rate. 

In 2005— 

‘‘(A) among Americans ages 25 through 64, the rate of 

disability was 17.3 percent; 

‘‘(B) among African-Americans in that age range, the 

disability rate was more than twice as high, at 21.3 percent; and 

‘‘(C) for American Indians in the same age range, the 

disability rate was 25.6 percent of the general population.’’. 

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)(C), by striking ‘‘gainful employment in 

integrated settings’’ and inserting ‘‘gainful employment in competitive integrated employment settings’’; 

(2) in paragraph (2)(B), by striking ‘‘gainful employment’’ 

and inserting ‘‘high quality employment that will increase opportunities for economic self-sufficiency’’; and 

(3) in paragraph (3)— 

(A) in subparagraph (B), by striking ‘‘gainful employment in integrated settings’’ and inserting ‘‘competitive integrated employment’’; 

(B) in subparagraph (C)(ii), by striking ‘‘for the individuals’’; and 


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(C) 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 ‘‘fiscal years 1999 through 

2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

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 State 

plan in accordance with section 112, or a State unified 

plan in accordance with section 113. The State plan or 

State unified plan shall include the provisions of a State 

plan for vocational rehabilitation services, described in this 

subsection.’’; 

(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 State plan 

or State unified plan submitted in accordance with 

subparagraph (A),’’; and 

(ii) by striking ‘‘Rehabilitation Act Amendments of 

1998’’ and inserting ‘‘Workforce Investment Act of 

2012’’; 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 State plan or State unified plan submitted 

in accordance with subparagraph (A) shall remain in 

effect until the State is required to submit the 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’’; 

(B) in subparagraph (B)(ii)— 

(i) in subclause (III), by striking ‘‘and’’ at the end; 

(ii) in subclause (IV), by striking the period and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(V)(aa) has the authority and responsibility 

within the State to ensure that the funds appropriated under this title are expended only in a 

manner that is consistent with the purposes of 

this title; and 

‘‘(bb) the authority and responsibility described 

in subparagraph (aa) may not be delegated to or 

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ignated State agency for the vocational rehabilitation program, and or individual.’’; 

(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), assure that the 

designated State unit may give priority for the provision of 

services to those eligible individuals who require specific 

services or equipment in accordance with an approved individualized plan for employment to maintain an employment outcome under the vocational rehabilitation program; 

and’’; 

(4) in paragraph (6)(B), by striking ‘‘to employ and advance 

in employment’’ and inserting ‘‘to recruit, employ, and advance 

in competitive integrated employment’’; 

(5) in paragraph (7)(A)(v)— 

(A) by striking subclause (I) and inserting the following: 

‘‘(I) a system for the continuing education of rehabilitation professionals and paraprofessionals 

within the designated State unit, particularly with 

respect to rehabilitation technology, 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’’; 

(6) in paragraph (8)— 

(A) in subparagraph (A), by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i) by striking 

‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; and 

(ii) in clause (iv), by striking ‘‘(5)(D)’’ and inserting 

‘‘(5)(E)’’; and 

(C) in subparagraph (C)(i), by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

(7) 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 those primary indicators of performance (described 

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

2012)’’; 

(B) in subparagraph (C)— 

(i) in the matter preceding clause (i), by inserting ‘‘, 

from each individual State,’’ after ‘‘additional data’’; 

(ii) in clause (i)(II), by striking ‘‘determined’’ and all 

that follows and inserting ‘‘determined to be ineligible 

for vocational rehabilitation services, and the reason 

for such determination of ineligibility (disaggregated 

by type of disability, and age);’’; 

(iii) in clause (ii)— 


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(I) in subclause (I), by striking ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

(II) in subclause (II), by striking ‘‘and’’ at the 

end; and 

(III) by adding at the end the following: 

‘‘(IV) the total number of individuals with ongoing open cases (disaggregated by individuals who 

are in training settings, and individuals who are 

in postsecondary education), and the services individuals described in this subclause are receiving; 

‘‘(V) the total number of students with disabilities that are receiving pre-employment transition 

services, and the total cost for providing those 

services for each full fiscal year after the date of 

enactment of the Workforce Investment Act of 

2012; 

‘‘(VI) the total number of students with disabilities that are receiving transition services, and the 

total cost for providing those services for each full 

fiscal year after the date of enactment of the 

Workforce Investment Act of 2012; 

‘‘(VII) the number of individuals referred to onestop centers, as defined in section 134(c) of the 

Workforce Investment Act of 1998; and 

‘‘(VIII) the number of individuals referred from 

such one-stop centers to designated State units 

and the outcomes of such referrals;’’; 

(iv) by striking all of clause (iii) and inserting the 

following: 

‘‘(iii) the number of applicants and eligible recipients, including the numbers of individuals with significant disabilities, who exited the program carried out 

under this title and the number who achieved employment outcomes after receiving vocational rehabilitation services, including— 

‘‘(I) the number of youth with disabilities who— 

‘‘(aa) entered postsecondary education and 

the earnings of such youth who completed 

postsecondary education, by academic fields; 

‘‘(bb) attained academic levels and job skills 

needed for employment, such as a high school 

diploma, certificate, or other educational credential required for the employment outcome 

specified in the individual’s individualized 

plan for employment; 

‘‘(cc) entered postsecondary training or programs for 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.); and 

‘‘(dd) the number of youth with disabilities 

who entered employment; 

‘‘(II) for individuals who obtained an employment outcome with wages— 


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‘‘(aa) the average length of time for obtaining employment; 

‘‘(bb) the average earnings of individuals 

who obtained an employment outcome; 

‘‘(cc) the number who earned the minimum 

wage rate specified in section 6(a)(1) of the 

Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)) or another wage level set by the 

Commissioner, during such employment; and 

‘‘(dd) the number who received employment 

benefits from an employer during such employment; 

‘‘(III) a comparison, among individuals who obtained employment, of the number of individuals 

who no longer used public benefits; and 

‘‘(IV) for those individuals who received supported employment services— 

‘‘(aa) the number of individuals who were 

employed 6 months after receiving such services; 

‘‘(bb) the number of individuals who were 

employed 12 months after receiving such services; and 

‘‘(cc) the number of individuals who earned 

wages at not less than the minimum wage 

rate determined under section 6(a)(1) of the 

Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)) during their employment; and’’; and 

(v) by striking clause (iv) and inserting the following: 

‘‘(iv)(I) the transition from school to postsecondary 

life, including employment, and achievement of the 

postsecondary vocational goals, of students with disabilities served under the program carried out under 

this title; and 

‘‘(II) the provision of supported employment services; 

and’’; 

(C) 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 

(D) by adding at the end the following: 

‘‘(G) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under this section shall not be required within a category if the number of participants in 

a category is insufficient to yield statistically reliable information, or required if the results would reveal personally 

identifiable information about an individual participant. 

‘‘(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 


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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 180 days after the end 

of the fiscal year involved.’’; 

(8) in paragraph (11)— 

(A) in subparagraph (A)(i)(II), by inserting ‘‘(including 

programmatic accessibility and physical accessibility)’’ 

after ‘‘program accessibility’’; 

(B) 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’’; 

(C) in subparagraph (D)— 

(i) in clause (ii), by striking ‘‘completion’’ and inserting ‘‘implementation’’; 

(ii) by redesignating clauses (iii) and (iv) as clauses 

(iv) and (v), respectively; and 

(iii) by inserting after clause (ii) the following: 

‘‘(iii) identifying options for additional education and 

training, in order to facilitate the provision of services 

for youth with disabilities, including transition services for students with disabilities, such as services provided under section 114;’’; 

(D) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; 

(E) by inserting after subparagraph (D) the following: 

‘‘(E) COORDINATION WITH EMPLOYERS.—The State plan 

shall contain plans, policies, and procedures for coordination between the designated State units, State workforce 

investment boards, local workforce investment boards, and 

employers that provide for building relationships with employers and identifying community-based competitive integrated employment opportunities and career exploration 

opportunities, in order to facilitate the provision of transition services for youth with disabilities and students with 

disabilities, such as services provided under section 114;’’; 

(F) 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; 

(G) 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 PRO- GRAMS.—The State plan shall include an assurance that 

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 


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designated agency described in section 125(d) of the Developmental Disabilities Assistance and Bill of Rights Act of 

2000 (42 U.S.C. 15025) 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. The agreement shall describe 

strategies for collaboration and coordination in providing 

vocational rehabilitation services to such individuals receiving Medicaid home- and community-based services in a 

manner consistent with the person-centered planning process required by Medicaid.’’; 

(H) 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 

implementation of the individualized education programs under section 614(d) of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414(d)) and, as 

appropriate, the development and completion of the individualized plans for employment under section 102, 

in order to enable students with disabilities to achieve 

employment outcomes;’’; and 

(I) 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 SELF-SUFFICIENCY 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).’’; 

(9) in paragraph (14)— 

(A) in the paragraph header, by striking ‘‘ANNUAL’’ and 

inserting ‘‘SEMIANNUAL’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘annual’’ and inserting ‘‘semiannual’’; 


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(ii) by striking ‘‘(and thereafter’’ and all that follows 

through ‘‘representative)’’ and inserting ‘‘, and annually thereafter’’; and 

(iii) 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 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.’’; 

(10) in paragraph (15)— 

(A) in subparagraph (A)— 

(i) in clause (i)— 

(I) in subclause (II), by striking ‘‘and’’ at the 

end; and 

(II) by adding at the end the following: 

‘‘(IV) individuals with disabilities receiving Medicaid home- and community-based waiver habilitation services (reference), including pre-vocational and supported employment services; and 

‘‘(V) youth with disabilities, and students with 

disabilities, including their need for pre-employment transition services described in section 114 

or other transition services; and’’; and 

(ii) by striking clauses (ii) and (iii) and inserting the 

following: 

‘‘(ii) include an assessment of the needs of individuals with disabilities for transition services and preemployment transition services provided under this 

Act, and coordinated with transition services provided 

under the Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.), and an assessment as to 

whether the transition and pre-employment transition 

services provided under those Acts meet the needs of 

individuals with disabilities.’’; 

(B) in subparagraph (B)— 

(i) by redesignating clause (iii) as clause (iv); and 

(ii) 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); and 

(ii) by inserting after clause (ii) the following: 

‘‘(iii) the methods to be used to improve and expand 

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abilities, 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 under section 114);’’; 

(11) in paragraph (20)— 

(A) by redesignating subparagraph (B) as subparagraph 

(C); and 

(B) by inserting after subparagraph (A) the following: 

‘‘(B) INFORMATION ON ASSISTANCE FOR BENEFICIARIES OF

ASSISTANCE UNDER TITLE II OR XVI OF THE SOCIAL SECURITY

ACT.—The State plan shall include an assurance that the 

designated State unit will make available, to individuals 

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— 

‘‘(i) information on the availability of benefits and 

medical assistance authorized under the State Medicaid program under title XIX of the Social Security 

Act (42 U.S.C. 1396 et seq.) or under the Medicare 

program under title XVIII of the Social Security Act 

(42 U.S.C. 1395 et seq.), and medical assistance authorized under other federally funded programs; 

‘‘(ii) information on the availability of assistance 

through benefits planning and assistance programs 

authorized under section 1149 of the Social Security 

Act (42 U.S.C. 1320b–20) and services provided by the 

State protection and advocacy system and authorized 

under section 1150 of the Social Security Act (42 

U.S.C. 1320b–21); and 

‘‘(iii) in the case of individuals who are also eligible 

for a ticket under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the 

Social Security Act (42 U.S.C. 1320b–19), general information regarding the options for using the ticket 

and information on how to contact a program manager 

of the Ticket to Work and Self-Sufficiency Program to 

obtain information on approved employment networks, 

on providers for the benefits planning and assistance 

programs described in clause (ii) in the State, and on 

the services provided by the State protection and advocacy system and described in clause (ii).’’; and 

(12) by adding at the end the following: 

‘‘(25) SERVICES FOR STUDENTS WITH DISABILITIES.—The State 

plan shall provide an assurance satisfactory to the Secretary 

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 


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services for students with disabilities on a statewide 

basis; and 

‘‘(B) has developed and will implement a plan to carry 

out the provision of pre-employment transition services in 

accordance with section 114. 

‘‘(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 as 

defined in section 101 of the Workforce Investment Act of 2012 

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) section 112 of the Workforce Investment Act of 1998, in 

a case in which that plan is a portion of the State plan described in that section 112; and 

‘‘(2) section 113 of such Act in a case in which that State 

plan for vocational rehabilitation services is a portion of the 

State unified plan described in that section 113.’’. 

(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 of a local educational agency or any other 

agency to provide or pay for any transition services that are allowable under the programs of the respective agencies.’’. 

SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT. 

(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) is amended— 

(1) 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 

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portunity to become employed in competitive integrated employment.’’; 

(2) in paragraph (3)(A)(ii), by striking ‘‘outcome from’’ and all 

that follows and inserting ‘‘outcome, including supported employment, from vocational rehabilitation services due to the 

current (as of the date of the determination) severity of the disability of the individual.’’; 

(3) 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 ‘‘is determined’’ and all that follows 

through ‘‘not to be’’ and inserting ‘‘is determined not 

to be’’; 

(B) by redesignating subparagraphs (A) through (D) as 

subparagraphs (B) through (E), respectively; 

(C) by inserting before subparagraph (B) the following: 

‘‘(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be 

based on disability category;’’; and 

(D) in clause (i) of subparagraph (C), as redesignated by 

subparagraph (B) of this paragraph, by inserting after ‘‘determination’’ the following: ‘‘, including clear and convincing evidence that forms the basis for the determination 

of ineligibility’’; and 

(4) in paragraph (6), by striking ‘‘60 days’’ each place it appears and inserting ‘‘45 days’’. 

(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOYMENT, AND RELATED INFORMATION.—Section 102(b) (29 U.S.C. 722(b))— 

(1) in paragraph (1)— 

(A) by redesignating subparagraphs (B), (C), and (D) as 

subparagraphs (C), and (D), and (E), respectively; and 

(B) by inserting after subparagraph (A) the following: 

‘‘(B) information on the availability of assistance from 

consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an 

individual in the development of an individualized plan for 

employment;’’; 

(2) 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 post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.’’; and 


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(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. 

‘‘(G) FAILURE TO DEVELOP THE INDIVIDUALIZED PLAN FOR

EMPLOYMENT WITHIN THE SPECIFIED TIMEFRAME.—In the 

event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual 

shall have the right to request both mediation and an impartial due process hearing according to the procedures described in subsection (c). At such hearing, the hearing officer shall have the authority to order the designated State 

unit to complete the individualized plan for employment 

within a specific period of time, not to exceed 60 days from 

the date of the decision, in addition to any other authority 

given to the officer under this section.’’; and 

(3) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘choice of the’’ and 

all that follows and inserting ‘‘choice of the eligible individual, consistent with the employment outcome 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 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)(H); 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 (including work experience, mentoring activities, and supported employment) needed to achieve the 

student’s employment outcome or projected employment outcome; and’’; 

(C) in subparagraph (F), by striking ‘‘and’’ at the end; 


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(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 list 

of the services that are listed in the individual work plan 

that the individual developed with the employment network under subsection (g) of that section, and a description 

of how responsibility for service delivery will be divided between the employment network and the designated State 

unit in accordance with the agreement between the two 

parties required under the Ticket to Work and Self-Sufficiency Program.’’. 

(c) PROCEDURES.—Section 102(c) (29 U.S.C. 722(c)) is amended— 

(1) in paragraph (1), by adding at the end the following: 

‘‘These procedures also shall allow for the review of any delay 

in the vocational rehabilitation process.’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

(ii) in clause (iii), by striking the period and inserting ‘‘; and’’; and 

(iii) 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 

(B) in subparagraph (B)(iii), by inserting ‘‘the denial,’’ 

before ‘‘reduction,’’; 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 all 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, consistent with 

the requirements specified in this title (including regulations implementing this title), regarding all aspects of the 

applicant’s or eligible individual’s vocational rehabilitation 

services under this title.’’; and 

(B) in subparagraph (B), by striking ‘‘in laws (including 

regulations)’’ and inserting ‘‘about Federal and State laws 

(including regulations) and the approved State plan’’. 


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SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

Section 103 (29 U.S.C. 723) is amended— 

(1) in subsection (a)— 

(A) 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 described in section 114;’’; 

(B) by redesignating paragraphs (17) and (18) as paragraphs (18) and (19), respectively; 

(C) by inserting after paragraph (16) the following: 

‘‘(17) customized employment services;’’; 

(D) in paragraph (18), as redesignated by subparagraph 

(C) of this paragraph, by striking the ‘‘and’’ at the end; 

(E) in paragraph (19), as redesignated by subparagraph 

(C) of this paragraph, by striking the period and inserting 

‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(20) mentoring services.’’; and 

(2) in subsection (b)— 

(A) in paragraph (2)(A), by striking the second sentence 

and inserting ‘‘Such programs shall be used to provide 

services that promote integration into the community and 

that result in competitive integrated employment, including supported employment and customized employment.’’; 

and 

(B) 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.’’. 

SEC. 415. STATE REHABILITATION COUNCIL. 

Section 105 (29 U.S.C. 725) is amended— 

(1) in subsection (b)(1)— 

(A) in subparagraph (A)— 

(i) by striking clause (ix) and inserting the following: 

‘‘(ix) in a State in which one or more projects are 

funded under section 121 and in which such services 

are provided through those projects, at least one representative of the directors of the projects located in 

such State;’’; 

(ii) in clause (x), by striking ‘‘and’’ at the end; 

(iii) in clause (xi), by striking the period and inserting ‘‘; and’’; and 

(iv) by adding at the end the following: 

‘‘(xii) the director of the State’s comprehensive statewide program of technology-related assistance funded 

under section 4 of the Assistive Technology Act of 

1998 (29 U.S.C. 3003).’’; and 

(B) in subparagraph (B)— 

(i) in clause (xi), by striking ‘‘and’’ at the end; 

(ii) in clause (xii), by striking the period and inserting ‘‘; and’’; and 


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(iii) by adding at the end the following: 

‘‘(xiii) the director of the State’s comprehensive 

statewide program of technology-related assistance 

funded under section 4 of the Assistive Technology Act 

of 1998 (29 U.S.C. 3003).’’; and 

(2) in subsection (c)(6), by striking ‘‘Service Act’’ and all that 

follows and inserting ‘‘Service Act (42 U.S.C. 300x–3(a)) and 

the State workforce investment 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. PERFORMANCE ACCOUNTABILITY MEASURES. 

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 136(b) 

of the Workforce Investment Act of 2012. 

‘‘(2) ADDITIONAL PERFORMANCE ACCOUNTABILITY INDICATORS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Commissioner may establish through regulation additional 

performance accountability indicators, which may include 

outcome and related measures of program performance. 

‘‘(B) COMMENT.—Such additional performance accountability indicators shall be developed with input from State 

vocational rehabilitation agencies, related professional and 

consumer organizations, recipients of vocational rehabilitation services, and other interested parties. 

‘‘(3) REPORTS.—Each State that receives funds under this 

title shall submit a report to the Commissioner containing information on any additional performance accountability indicators established under paragraph (2). 

‘‘(4) CONSUMER ORGANIZATION.—In this subsection, the term 

‘consumer organization’ means a membership organization, or 

disability advocacy group, for which a majority of the members 

of the board of directors of the organization or group are individuals with disabilities or family members of individuals with 

disabilities.’’; and 

(2) in subsection (b)(2)(B), by striking clause (i) and inserting 

the following: 

‘‘(i) 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 to 

make revisions to the plan to improve performance; 

and’’. 

SEC. 417. MONITORING AND REVIEW. 

(a) IN GENERAL.—Section 107(a) (29 U.S.C. 727(a)) is amended— 

(1) 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 


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(2) in paragraph (4)— 

(A) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A)(i) the eligibility process to ensure compliance with 

the requirements set forth in section 102(a); and 

‘‘(ii) implementation of an order of selection, if applicable, to ensure compliance with the requirements set forth 

in section 101(a)(5); and 

‘‘(B) the provision of services to ensure compliance with 

section 103;’’; 

(B) in subparagraph (C), by striking ‘‘and’’ at the end; 

(C) by redesignating subparagraph (D) as subparagraph 

(E); and 

(D) by inserting after subparagraph (C) the following: 

‘‘(D) data on individuals determined to be ineligible for 

services due to severity of their disability, to determine if 

systematic changes could result in increased capacity to 

meet the needs of such individuals; and’’. 

(b) REVIEW.—Section 107(d) of the Rehabilitation Act of 1973 (29 

U.S.C. 727(d)) is amended, in paragraphs (1) and (2), by striking 

‘‘a final determination of the Commissioner under section 101(b) or 

subsection (c)’’ and inserting ‘‘a final determination on a State plan 

for vocational rehabilitation services under the procedures referenced in section 101(b), or a final determination by the Commissioner under subsection (c)’’. 

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 experience (including internships, short-term employment, apprenticeships, and fellowships), such as opportunities in 

conjunction with pre-employment transition services; 

‘‘(B) recruit qualified applicants with disabilities; 

‘‘(C) train employees with disabilities; and 

‘‘(D) promote retention of employees who are at risk of 

losing a job due to disability-related barriers; 

‘‘(3) providing consultations, technical assistance, and support to employers on workplace accommodations, assistive 

technology, and facilities and workplace access; 

‘‘(4) assisting employers with utilizing available financial 

support, including tax credits and deductions available for hiring or accommodating individuals with disabilities; and 

‘‘(5) supporting the development of working relationships between State vocational rehabilitation agencies, the workforce 


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investment system, their community partners, and employers 

on multi-State and national levels, including— 

‘‘(A) encouraging employers to recruit qualified individuals with disabilities for available employment opportunities; 

‘‘(B) facilitating such recruitment by disseminating information about specific available employment opportunities 

to qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services; 

‘‘(C) matching qualified individuals who are recipients of 

vocational rehabilitation services under this subtitle, or 

who are applicants for such services, with employers that 

have available employment opportunities on the local, regional, or national level; and 

‘‘(D) providing support services, as appropriate, to employers to facilitate the hiring of qualified individuals who 

are recipients of vocational rehabilitation services under 

this subtitle, or who are applicants for such services.’’. 

SEC. 419. STATE ALLOTMENTS. 

(a) IN GENERAL.—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), (d), and (e), and section 303(d)’’; and 

(2) by striking subsections (b) and (c) and inserting the following: 

‘‘(b)(1) Not later than 45 days prior to the end of the fiscal year, 

the Commissioner shall determine, after reasonable opportunity for 

the submission to the Commissioner of comments by the State 

agency administering or supervising the program established under 

this title, whether any amount from the payment of an allotment 

to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title. 

‘‘(2)(A) As soon as practicable but not later than the end of the 

fiscal year, the Commissioner shall reallot the amount available 

under paragraph (1) to other States, consistent with subparagraphs 

(B) and (C), for carrying out the purposes of this title to the extent 

the Commissioner determines that another State will be able to use 

an additional amount, during that fiscal year or the subsequent fiscal year for carrying out such purposes. 

‘‘(B)(i) The Commissioner shall reallot a portion of the amount 

available under paragraph (1) for a fiscal year to each State whose 

allotment under subsection (a) for such fiscal year is less than such 

State’s allotment under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds 

available for subsection (a) from the immediately preceding fiscal 

year. 

‘‘(ii)(I) Subject to subclause (II), a State that is eligible to receive 

a reallotment under clause (i) shall receive a portion for a fiscal 

year from the amount available for reallotment under paragraph 

(1) that is equal to the difference between— 

‘‘(aa) the amount such State was allotted under subsection 

(a) for such fiscal year; and 

‘‘(bb) the amount such State was allotted under subsection 

(a) for the immediately preceding fiscal year, adjusted by the 


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percentage change in the funds available for subsection (a) 

from the immediately preceding fiscal year. 

‘‘(II) If the amount available for reallotment under paragraph (1) 

is insufficient to provide each State eligible to receive a reallotment 

under clause (i) with the portion described in subclause (I), the 

amount reallotted to each eligible State shall be determined by the 

Commissioner. 

‘‘(C) If there are funds remaining after each State eligible to receive a reallotment under subparagraph (B)(i) receives the portion 

described in subparagraph (B)(ii), the Commissioner shall reallot 

the remaining funds among the States requesting a reallotment. 

‘‘(3) The Commissioner shall reallot an amount to a State under 

this subsection only if the State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share 

of the cost of vocational rehabilitation services under the State plan 

for the fiscal year for which the amount was appropriated. 

‘‘(4) For the purposes of this part, any portion made available to 

a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State’s allotment (as determined 

under the preceding provisions of this section) for such year. 

‘‘(c)(1) For fiscal year 2012 and for each fiscal year thereafter, the 

Commissioner shall reserve, from the funds appropriated under 

section 100(b)(1) for each fiscal year, an amount that is not less 

than 1.23 percent and not more than 1.5 percent of those funds in 

order to carry out section 121, provided that the minimum percentage that may be reserved shall increase by 0.01 percent for each 

succeeding fiscal year after fiscal year 2012. 

‘‘(2) Notwithstanding paragraph (1), there shall be no increase in 

the minimum percentage of funds reserved under paragraph (1) unless there is an equivalent increase in the funds appropriated 

under section 100(b)(1).’’. 

(b) RESERVATION FOR TRANSITION AND PRE-EMPLOYMENT TRANSI- TION SERVICES.—Section 110 (29 U.S.C. 730) is amended by adding 

at the end the following: 

‘‘(d) From any State allotment under subsection (a) for a fiscal 

year, the State shall reserve not less than 10 percent of the allotted 

funds for the provision of transition services to assist students with 

disabilities and youth with disabilities in transitioning from education or training to employment, which includes pre-employment 

transition services under section 114.’’. 

SEC. 420. CLIENT ASSISTANCE PROGRAM. 

Section 112 (29 U.S.C. 732) is amended— 

(1) in subsection (a), in the first sentence— 

(A) by striking ‘‘grants to States’’ and inserting ‘‘grants 

to agencies designated under subsection (c) (referred to individually in this section as a ‘designated CAP agency’)’’; 

(B) by inserting ‘‘including under sections 114,’’ after ‘‘all 

available benefits under this Act,’’; and 

(C) by inserting ‘‘and eligibility’’ after ‘‘to ensure the protection of the rights’’; 

(2) in subsection (b), by striking the matter preceding paragraph (1) and inserting ‘‘Neither an agency within the State, 

nor the State, may receive payments from an allotment under 

subsection (e) in any fiscal year unless the State has designated under subsection (c) an agency that—’’; 


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(3) in subsection (c)— 

(A) in paragraph (2), by inserting ‘‘(as defined in section 

106(a))’’ after ‘‘consumer organizations’’; and 

(B) in paragraph (3), by striking ‘‘agency designated 

under this subsection’’ and inserting ‘‘designated CAP 

agency’’; 

(4) in subsection (d), by striking ‘‘agency designated under 

subsection (c) of this section’’ and inserting ‘‘designated CAP 

agency’’; 

(5) in subsection (e)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) After reserving funds under subparagraphs (E) and (F), the 

Secretary shall allot the remainder of the sums appropriated for 

each fiscal year under this section among the designated CAP 

agencies within the States on the basis of relative population of 

each State, except that no such agency shall receive less than 

$50,000.’’; 

(ii) in subparagraph (B), by inserting ‘‘the designated CAP agencies located in’’ before ‘‘American 

Samoa’’; and 

(iii) by striking subparagraph (D) and inserting the 

following: 

‘‘(D)(i) For any fiscal year for which the funds appropriated for 

such fiscal year under subsection (h) exceed $7,500,000, the minimum allotment under this subsection shall be $100,000 for the 

designated CAP agencies located in States and $45,000 for the designated CAP agencies located in territories. 

‘‘(ii) For any fiscal year for which the total amount appropriated 

under subsection (h) exceeds the total amount appropriated under 

such subsection (or the corresponding provision) for the preceding 

fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the 

percentage increase, calculated by dividing such total amount for 

the fiscal year involved by such total amount for the preceding fiscal year. 

‘‘(E)(i) For any fiscal year for which the amount appropriated 

under subsection (h) equals or exceeds $13,000,000, 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 designated CAP agency services in 

accordance with the requirements of this section. The amount of 

such a grant shall be the same amount as is provided to a territory 

under subparagraph (B), as increased under clauses (i) and, if applicable, (ii) of subparagraph (D). 

‘‘(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.). 


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‘‘(F) For any fiscal year for which the amount appropriated under 

subsection (h) equals or exceeds $14,000,000, the Secretary shall 

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).’’; 

(B) in paragraph (2)— 

(i) except as provided in clause (ii), by striking 

‘‘State’’ each place it appears and inserting ‘‘designated CAP agency’’; and 

(ii) by striking ‘‘States’’ each place it appears and inserting ‘‘designated CAP agencies’’; and 

(C) in paragraph (3), by striking ‘‘agency designated’’ 

and all that follows and inserting ‘‘designated CAP agency 

the amount specified in the application approved under 

subsection (f).’’; 

(6) in subsection (f), by striking ‘‘State’’ and inserting ‘‘designated CAP agency’’; 

(7) in paragraph (1) of subsection (g), by striking ‘‘such programs’’ and inserting ‘‘the designated CAP agency of a State’’; 

and 

(8) in subsection (h), by striking ‘‘1999 through 2003’’ and inserting ‘‘2013 through 2017’’. 

SEC. 421. TECHNICAL ASSISTANCE FOR QUALITY SERVICES. 

Part B of title I (29 U.S.C. 730 et seq.), is amended by adding 

at the end the following: 

‘‘SEC. 113. ADDITIONAL TECHNICAL ASSISTANCE. 

‘‘The Commissioner shall provide technical assistance for programs provided under this title regarding improving the quality of 

vocational rehabilitation services provided through the programs, 

including— 

‘‘(1) consulting with the Department of Labor, the Small 

Business Administration, other appropriate Federal agencies, 

State and local workforce investment boards, and businesses or 

business-led intermediaries; 

‘‘(2) based on information obtained through the consultations, providing— 

‘‘(A) technical assistance that improves quality by enabling designated State units to develop successful partnerships with local and multi-State businesses in an effort to 

employ individuals with disabilities; and 

‘‘(B) technical assistance on developing self-employment 

opportunities and improving employment outcomes for individuals with disabilities; and 

‘‘(3) providing technical assistance to improve the quality of 

vocation rehabilitation services programs carried out under 

section 121.’’. 

SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES. 

Part B of title I (29 U.S.C. 730 et seq.), as amended by section 

521, is further amended by adding at the end the following: 


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‘‘SEC. 114. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES 

FOR STUDENTS WITH DISABILITIES. 

‘‘(a) IN GENERAL.—From the funds reserved under section 110(d), 

and funds made available from State, local, and private funding 

sources (consistent with requirements that apply to the acceptance 

and use of such funds), each State shall ensure that— 

‘‘(1) the designated State unit shall provide, or arrange for 

the provision of, pre-employment transition services for all students with disabilities who are in need of such services; and 

‘‘(2) the designated State unit will not expend more than 5 

percent of the funds reserved to carry out this section to pay 

for the administrative costs associated with providing pre-employment transition services under this section. 

‘‘(b) LOCAL PRE-EMPLOYMENT TRANSITION COORDINATOR.— 

‘‘(1) COORDINATOR.—Each local office of a designated State 

unit shall designate at least 1 staff person to carry out the responsibilities of a Local Pre-Employment Transition Coordinator for students with disabilities, as well as appropriate staff 

to support the Coordinator in carrying out the responsibilities 

as described in paragraph (2). 

‘‘(2) RESPONSIBILITIES.—It shall be the responsibility of a 

Local Pre-Employment Transition Coordinator to— 

‘‘(A) attend individualized education program meetings, 

as appropriate, for students with disabilities; 

‘‘(B) work with the local workforce investment boards, 

one-stop centers, and employers to develop job opportunities for students with disabilities, including internships, 

summer employment opportunities and other employment 

opportunities available throughout the school year, and apprenticeships; and 

‘‘(C) 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 for students 

with disabilities, including services described in clauses (i) 

through (v) of section 7(30)(B). 

‘‘(c) NATIONAL PRE-EMPLOYMENT TRANSITION COORDINATION.— 

‘‘(1) IN GENERAL.—The Secretary of Education and the Secretary of Labor shall each designate a lead staff person to fulfill the responsibilities of a National Pre-Employment Transition Coordinator for Students with Disabilities. The National 

Pre-Employment Transition Coordinators shall work cooperatively, and with other Federal agencies including the Corporation for National and Community Service, to develop and coordinate— 

‘‘(A) agency policies related to pre-employment transition 

services; and 

‘‘(B) resources to increase job opportunities for students 

with disabilities, including internships, summer employment opportunities and other employment opportunities 

available throughout the school year, and apprenticeships. 

‘‘(2) CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit either Secretary from assigning additional 

responsibilities, other than the responsibilities described in 


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this subsection, to a staff person designated under this subsection.’’. 

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)— 

(A) in paragraph (1)— 

(i) in subparagraph (B), by striking ‘‘and’’ at the end; 

(ii) in subparagraph (C), by striking the period and 

inserting ‘‘; and’’; and 

(iii) 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 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.’’; and 

(B) by striking paragraphs (3) and (4) and inserting the 

following: 

‘‘(3) If an application is approved under this part for a grant, the 

resulting grant shall be for 5 years, if the grant recipient complies 

with the program requirements for the program carried out under 

this part (including the regulations promulgated for the program). 

The grant shall be renewed for additional 5-year periods if the 

Commissioner determines that the grant recipient demonstrated 

acceptable past performance and the grant recipient submits, and 

obtains approval by the Commissioner, for a plan, including a proposed budget, that identifies future performance criteria, goals, and 

objectives. The State shall continue to provide vocational rehabilitation services under the State plan to American Indians residing 

on or near a reservation whenever such State includes any such 

American Indians in its State population under section 110(a)(1). 

‘‘(4) In allocating funds for grants under this part, the Secretary 

shall give priority to paying the continuation costs of projects in existence on the date of the allocation and may provide for increases 

in funding for such projects that the Secretary determines to be 

necessary.’’; 

(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 2012, 

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. 


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‘‘(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements 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 other 

arrangements. 

‘‘(4) To be eligible to receive a grant or enter into a contract or 

other arrangement under this section, such an entity shall submit 

an application to the Commissioner at such time, in such 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 grant 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.’’. 

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)— 

(A) in the matter preceding subparagraph (A)— 

(i) by inserting ‘‘, use, and adoption’’ after ‘‘transfer’’; 

and 

(ii) by inserting ‘‘in a timely and efficient manner,’’ 

after ‘‘disabilities’’; and 

(B) in subparagraph (D), by inserting ‘‘and dissemination 

of research findings to individuals with disabilities and 

other interested entities’’ after ‘‘technology’’; 

(4) in paragraph (5), by striking ‘‘and’’ after the semicolon; 

(5) in paragraph (6), by striking the period and inserting ‘‘; 

and’’; and 

(6) by adding at the end the following: 

‘‘(7) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated 

employment.’’. 

SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

Section 201(a) (29 U.S.C. 761(a)) is amended— 

(1) in paragraph (1), by striking ‘‘1999 through 2003’’ and inserting ‘‘2013 through 2017’’; and 

(2) in paragraph (2), by striking ‘‘1999 through 2003’’ and inserting ‘‘2013 through 2017’’. 

SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION 

RESEARCH. 

Section 202 (29 U.S.C. 762) is amended— 


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(1) in subsection (a)(1)(A)— 

(A) in clause (ii), by striking ‘‘and training; and’’ and inserting ‘‘, training, and technical assistance;’’; 

(B) by redesignating clause (iii) as clause (iv); and 

(C) by inserting after clause (ii) the following: 

‘‘(iii) knowledge translation and dissemination; and’’; 

(2) in subsection (b)— 

(A) in paragraph (3), by striking ‘‘in rehabilitation’’ and 

inserting ‘‘on disability and rehabilitation’’; 

(B) in paragraph (4)— 

(i) in the matter preceding subparagraph (A), by inserting ‘‘education, health and health care,’’ 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); 

‘‘(ii) institutions of higher education; and 

‘‘(iii) nongovernmental agencies and organizations; 

‘‘(B) rehabilitation practitioners; 

‘‘(C) employers and organizations representing employers 

with respect to employment-based educational materials or 

research; 

‘‘(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 Health, Education, Labor, and 

Pensions of the Senate, the Committee on Appropriations 

of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on 

Appropriations of the House of Representatives, and the 

National Council on Disability;’’. 

(C) in paragraph (6)— 

(i) by inserting ‘‘disability and’’ after ‘‘advances in’’; 

and 

(ii) by inserting ‘‘education, health and health care,’’ 

after ‘‘independent living,’’; 

(D) in paragraph (7), by striking ‘‘taking whatever action 

is necessary to keep the Congress fully and currently informed’’ and inserting ‘‘reporting to Congress on a continuing and yearly basis’’; 

(E) in paragraph (8), by striking ‘‘health, income,’’ and 

inserting ‘‘health and health care, income, education,’’; 

(F) in paragraph (10), by striking ‘‘and telecommuting; 

and’’ and inserting ‘‘, supported employment (including 

customized employment), and telecommuting;’’; 

(G) in paragraph (11), by striking the period and inserting ‘‘; and’’; and 

(H) by adding at the end the following: 


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‘‘(12) ensuring that the research activities and findings, demonstration projects, reports, evaluations, studies, information 

described in this section, as well as information about any reports in progress, will be made publicly available in a timely 

manner, including through electronic means (such as the 

website of the Department of Education and other relevant 

government agency websites) in order to inform the public 

about the research and activities performed under this title.’’; 

(3) in subsection (d)(1), in the second sentence, by inserting 

before the period the following: ‘‘, and shall not be an employee 

of the Department of Education during the 90-day period before such appointment’’; 

(4) 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 Education 

employees, who are scientists or other experts in the disability 

and rehabilitation field (including the independent living field), 

including individuals with disabilities and the individuals’ representatives, and who have sufficient knowledge to review applications for the financial assistance. Such panel shall include 

a member of the covered school community (for any activity resulting in educational materials or a product to be used in a 

covered school), a member of the business community (for an 

activity resulting in a product to be used in an employment activity), a member of the assistive technology community (for an 

activity relating to assistive technology), and an accessible electronic and information technology vendor or manufacturer (for 

an activity relating to accessible electronic and information 

technology). The peer review panel shall include a director of 

a designated State unit for a panel that considers research related to the operation or administration of the vocational rehabilitation program.’’; 

(5) in subsection (h)— 

(A) in paragraph (1)(A)— 

(i) by inserting ‘‘disability and’’ after ‘‘priorities for’’; 

and 

(ii) by inserting ‘‘dissemination,’’ after ‘‘training,’’; 

and 

(B) in paragraph (2)(A), by striking ‘‘, especially in the 

area of employment’’; 

(6) by redesignating subsections (i), (j), and (k), as subsections (j), (k), and (l), respectively; 

(7) by inserting after subsection (h) the following: 

‘‘(i)(1) The Director shall determine if entities that received financial assistance under this title are complying with the applicable 

requirements of this Act and achieving measurable goals, described 

in section 204(d)(2), that are consistent with the requirements of 

the programs under which the entities received the financial assistance. 

‘‘(2) To assist the Director in carrying out the responsibilities described in paragraph (1), the Director shall require recipients of financial assistance under this title to submit relevant information 

to evaluate program outcomes with respect to the measurable goals 

described in section 204(d)(2) pursuant to section 75.118 of title 34, 

Code of Federal Regulations.’’; 


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(8) in subsection (k), as redesignated by paragraph (6), by 

striking paragraph (3); and 

(9) by striking subsection (l), as redesignated by paragraph 

(6), and inserting the following: 

‘‘(l) The Director shall make grants to institutions of higher education for the training of 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. 

‘‘(m)(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 financial assistance for such activities under 

this title; 

‘‘(B) a summary of recipients of financial assistance received 

under this title and the progress of the recipients of financial 

assistance in achieving the measurable goals described in section 204(d)(2); and 

‘‘(C) a summary of practical implications of research outcomes and anticipated next steps. 

‘‘(n)(1) If the Director determines that an entity that receives financial assistance 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 enact monitoring 

and enforcement measures pursuant to section 75.253 of title 34, 

Code of Federal Regulations. 

‘‘(2) As part of the annual report required under subsection (m), 

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)(1)— 

(A) by striking ‘‘and cooperation’’ and inserting ‘‘, cooperation, and collaboration’’; 

(B) by inserting ‘‘disability and’’ after ‘‘agencies conducting’’; 

(C) by inserting ‘‘the Chairman of the National Council 

on Disability, the Assistant Secretary for Disability Employment Policy, the Secretary of Defense, the Director of 

the Office on Disability of the Department of Health and 

Human Services,’’ after ‘‘Assistant Secretary for Special 

Education and Rehabilitative Services,’’; and 

(D) by striking ‘‘and the Director of the National Science 

Foundation.’’ and inserting ‘‘the Director of the National 

Science Foundation, the Secretary of Commerce, and the 

Administrator of the Small Business Administration.’’; 


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(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘from targeted individuals’’ and inserting ‘‘individuals with disabilities and their 

representatives’’; and 

(B) in paragraph (2)— 

(i) by striking subparagraphs (A) and (B) and inserting the following: 

‘‘(A) share information regarding the range of assistive 

technology research, rehabilitation research, and research 

that incorporates the principles of universal design, that is 

being carried out by members of the Committee and other 

Federal departments and organizations; 

‘‘(B) identify and make efforts to address, gaps in assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, 

that are not being adequately addressed;’’; 

(ii) in subparagraph (D)— 

(I) by striking ‘‘and research that incorporates 

the principles of universal design’’ and inserting ‘‘, 

rehabilitation research, and research that incorporates the principles of universal design’’; and 

(II) by striking ‘‘and’’ after the semicolon; and 

(iii) in subparagraph (E), by striking ‘‘and research 

that incorporates the principles of universal design.’’ 

and inserting ‘‘, rehabilitation research, and research 

that incorporates the principles of universal design; 

and’’; 

(3) by striking subsection (d); 

(4) by redesignating subsection (c) as subsection (d); 

(5) by inserting after subsection (b) the following: 

‘‘(c)(1) Not later than 2 years after the date of enactment of the 

Workforce Investment Act of 2012, and periodically thereafter, the 

Committee shall host a disability and rehabilitation research summit, for the purposes of establishing a research agenda to ensure 

projects are relevant and applicable, bringing together policymakers, representatives from Federal agencies conducting disability and rehabilitation research, nongovernmental funders of rehabilitation research, and organizations representing individuals 

with disabilities, researchers, and providers. 

‘‘(2) Based on the proceedings of the summit described in paragraph (1), the Committee shall develop a comprehensive Government-wide strategic plan for disability and rehabilitation research. 

The strategic plan shall include measurable goals and objectives, 

action-oriented measures, timetables, budgets, and assignment of 

responsible individuals and agencies for carrying out research activities. At a minimum, the strategic plan shall include— 

‘‘(A) research priorities and recommendations; 

‘‘(B) the development of a searchable Government-wide inventory of disability and rehabilitation research for trend and 

data analysis across Federal agencies; 

‘‘(C) a set of guiding principles and policies and procedures 

for conducting and administering disability and rehabilitation 

research across Federal agencies; and 

‘‘(D) a summary of underemphasized and of duplicative areas 

of research. 


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‘‘(3) Not later than 90 days after the conclusion of the summit 

described in paragraph (1), the strategic plan described in paragraph (2) 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. 

‘‘(4) The annual report prepared by the Committee under subsection (d) shall include an annual accounting of the progress made 

in implementing the strategic plan described in paragraph (2), including achievement of measurable goals and objectives, timetables, budgets, and the assignment of responsible individuals and 

agencies. 

‘‘(5) The Committee shall have the authority to facilitate collaborative projects among Federal agencies by receiving the transfer of 

funds from such agencies.’’; 

(6) in subsection (d), as redesignated by paragraph (4), 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; 

‘‘(B) a description of the achievement of measurable 

goals, objectives, and timetables; 

‘‘(C) detailed budgetary information; and 

‘‘(D) the assignment of responsible individuals and agencies.’’; and 

(7) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; and 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) the term ‘rehabilitation 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 function, and community integration and participation.’’. 

SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

Section 204 (20 U.S.C. 764) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘have practical real life applications 

and’’ before ‘‘maximize’’; and 

(ii) by striking ‘‘employment, independent living,’’ 

and inserting ‘‘employment, education, independent 

living, health and health care,’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘and from 

which the research findings can be transferred to practice’’ after ‘‘State agencies’’; and 

(ii) in subparagraph (B)— 

(I) by striking clause (ii) and inserting the following: 


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‘‘(ii) studies and analysis of policies and the interaction of 

how particular factors (industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and health care), including for traditionally 

underserved populations as described in section 21, affect the 

rehabilitation of individuals with disabilities;’’; 

(II) in clause (iii), by striking ‘‘are homebound’’ 

and inserting ‘‘have significant challenges attempting to engage with community life outside of 

their homes’’; 

(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 promote 

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 selfemployment 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— 

‘‘(A) dissemination of high quality materials, scientifically 

valid research results, or findings, conclusions, and recommendations resulting from covered activities, including 

through electronic means (such as the website of the Department of Education), 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 or providers of rehabilitation services, developers or 

providers of assistive technology devices, assistive technology 

services, or information technology devices or services, 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), by striking ‘‘alleviate or stabilize’’ and all that follows through the semicolon 


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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) in clause (iii), by striking ‘‘and’’ after the 

semicolon; and 

(III) by striking clause (iv) and inserting the following: 

‘‘(iv) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, 

educators, and researchers, through conferences, workshops, 

public education programs, in-service training programs, and 

similar activities and providing knowledge translation to promote the use of research findings through training, technical 

assistance, and dissemination, including identifying potential 

new areas of research; and 

‘‘(v) developing practical applications for the findings of the 

research of the Centers.’’; and 

(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), by striking ‘‘and social’’ and inserting ‘‘, social, and economic’’; 

(III) by striking clauses (iii) through (vi) and inserting the following: 

‘‘(iii) improving the evaluation process for determining the 

assistive technology needs of individuals with disabilities; 

‘‘(iv) research related to vocational rehabilitation, including 

the use of assistive technology devices and accessible electronic 

and information technology devices in employment; 

‘‘(v) continuation of research 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) continuation of research to develop and evaluate interventions, policies, and services that support families of children 

and adults who are individuals with disabilities; 

‘‘(vii) 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 

‘‘(viii) research, dissemination, and technical assistance on 

best practices in 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: 


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‘‘(D) Training of students preparing to be rehabilitation personnel 

or to provide rehabilitative, assistive, or supportive services (such 

as rehabilitation counseling, personal care services, direct care, job 

coaching, aides in school based setting, 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) by striking subparagraph (I); and 

(VI) by redesignating subparagraphs (J) through 

(O) as subparagraphs (I) through (N), respectively; 

(C) in paragraph (3)— 

(i) in subparagraph (B)— 

(I) in clause (ii)(II), by striking ‘‘employment’’ 

and inserting ‘‘educational, employment,’’; and 

(II) in clause (iii)(II), by striking ‘‘employment’’ 

and inserting ‘‘educational, employment,’’; 

(ii) in subparagraph (D)(ii), by adding at the end the 

following: ‘‘Each such Center conducting an activity relating to assistive technology or relating to accessible 

electronic and information technology shall include in 

the advisory committee a member of the assistive 

technology or accessible electronic and information 

technology community, respectively. Each such Center 

conducting an activity resulting in educational materials or a product to be used in a covered school, or resulting in a product to be used in an employment activity, shall include in the advisory committee a member of the covered school community, or a member of 

the business community, respectively.’’; and 

(iii) in subparagraph (G)(ii), by inserting ‘‘the success 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 ‘‘special’’ and inserting ‘‘unique’’; 

and 

(II) by inserting ‘‘social and functional needs, 

and’’ before ‘‘acute care’’; and 

(ii) in clause (iv), by inserting ‘‘education, health and 

health care,’’ after ‘‘employment,’’; 

(E) in paragraph (8)— 

(i) by striking ‘‘Veteran’s Administration’’ and inserting ‘‘Department of Veterans Affairs, the Department of Defense, the Substance Abuse and Mental 

Health Services Administration, the Federal Communications Commission,’’; and 

(ii) by inserting ‘‘the Department of Commerce, the 

Small Business Administration, the Department of 

Labor,’’ after ‘‘Space Administration,’’; 

(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; 


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(H) in paragraph (11), as redesignated by subparagraph 

(G)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘employment needs of individuals with disabilities,’’ and inserting ‘‘employment needs, opportunities, and outcomes (including those relating to selfemployment, supported employment, and telecommuting) of individuals with disabilities, including older 

individuals with disabilities, students with disabilities 

who are transitioning from school to postsecondary 

life, including employment, and out of school youth 

with disabilities,’’; 

(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 ‘‘; and’’; and 

(v) by adding at the end the following: 

‘‘(G) develop models and alternatives to help transition 

sheltered workshops for individuals with disabilities to 

competitive integrated employment for such individuals, 

and develop recommendations for decreasing reliance on 

the special minimum wage certificate program under section 14(c) of the Fair Labor Standards Act of 1938 (29 

U.S.C. 214(c)).’’; 

(I) in paragraph (14), as redesignated by subparagraph 

(G), by striking ‘‘and access to gainful employment.’’ and 

inserting ‘‘, full participation, equal opportunity, and economic self-sufficiency.’’; and 

(J) by adding at the end the following: 

‘‘(17) Research grants may be used to provide for research and 

training concerning the delivery of vocational rehabilitation services. Such projects and activities may include projects and activities 

designed to— 

‘‘(A) identify, develop, and evaluate evidence-based practices 

or policies that are effective in improving employment outcomes for individuals with disabilities; 

‘‘(B) conduct research related to improving the provision of 

services for underserved or special populations, such as strategies to enhance employment services and outcomes for middleaged and older workers with disabilities or American Indians 

with disabilities; 

‘‘(C) conduct research on the delivery of vocational rehabilitation services to rural areas; 

‘‘(D) demonstrate innovative models of service delivery or 

testing methods of service delivery that have the potential to 

improve the effectiveness of programs authorized under this 

Act, including the use of assistive technology devices and accessible electronic and information technology devices in employment; 

‘‘(E) conduct research on ways to improve the performance of 

State vocational rehabilitation agencies; 

‘‘(F) disseminate and promote the implementation of evidence-based practices identified through these activities; and 


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‘‘(G) conduct rigorous evaluations of programs and activities 

administered by the Rehabilitation Services Administration or 

supported under this Act.’’; and 

(3) by adding at the end the following: 

‘‘(d)(1) The Director shall award the grants, contracts, or other financial assistance under this title on a competitive basis. 

‘‘(2)(A) To be eligible to receive financial assistance under this 

section for a covered activity, an entity 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 set for addressing 

priorities related to— 

‘‘(I) commercialization of a marketable product (including a marketable curriculum or research) resulting from 

the covered activity; 

‘‘(II) in the case of a covered activity relating to technology, technology transfer; 

‘‘(III) in the case of research, dissemination of research 

results to, as applicable, Government entities, individuals 

with disabilities, covered schools, the business community, 

the assistive technology community, and the accessible 

electronic and information technology community; and 

‘‘(IV) other priorities as required by the Director; and 

‘‘(ii) how the applicant will quantifiably measure the goals to 

determine whether the goals have been accomplished. 

‘‘(3)(A) In the case of an application for financial assistance 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 financial assistance shall not be used to carry out the 

commercialization and marketing strategies. 

‘‘(B) In the case of any other application for financial assistance 

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. REHABILITATION RESEARCH ADVISORY COUNCIL. 

Section 205 (29 U.S.C. 765) is amended— 

(1) in subsection (a), by inserting ‘‘not less than’’ after ‘‘composed of’’; and 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) QUALIFICATIONS.—Members of the Council shall include representatives of rehabilitation professionals, rehabilitation researchers, the directors of community rehabilitation programs, the business community (including a representative of the small business 

community) that has experience with the system of vocational rehabilitation services carried out under this Act and with hiring individuals with disabilities, assistive technology developers and 

manufacturers, information technology vendors and manufacturers, 


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entities carrying out programs under the Assistive Technology Act 

of 1998 (29 U.S.C. 3001 et seq.), covered school professionals, individuals with disabilities, and the individuals’ representatives. At 

least one-half of the members shall be individuals with disabilities 

or the individuals’ representatives.’’. 

SEC. 437. DEFINITION OF COVERED SCHOOL. 

Title II (29 U.S.C. 760) 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.’’. 

Subtitle D—Professional Development and 

Special Projects and Demonstration 

SEC. 441. TRAINING. 

Section 302 (29 U.S.C. 772) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (E)— 

(I) by striking all after ‘‘deliver’’ and inserting 

‘‘supported employment services and customized 

employment services to individuals with the most 

significant disabilities’’; and 

(II) by striking ‘‘and’’ after the semicolon; 

(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.’’; 

(2) in subsection (b)(1)(B)(i), by striking ‘‘or prosthetics and 

orthotics’’ and inserting ‘‘prosthetics and orthotics, rehabilitation teaching for the blind, or orientation and mobility instruction’’; 

(3) in subsection (g)— 

(A) 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 

(B) in paragraph (3)— 

(i) in subparagraph (A), by striking clause (iv) and 

inserting the following: 

‘‘(iv) for the 2 years following the date of enactment 

of the Workforce Investment Act of 2012, to provide 

training regarding the amendments made to this Act.’’; 

and 

(ii) in subparagraph (B), by striking ‘‘on the date of 

enactment of the Rehabilitation Act Amendments of 


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1998’’ and inserting ‘‘on the date of enactment of the 

Workforce Investment Act of 2012’’; and 

(4) in subsection (i), by striking ‘‘fiscal years 1999 through 

2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

SEC. 442. DEMONSTRATION AND TRAINING PROGRAMS. 

Section 303 (29 U.S.C. 773) is amended— 

(1) in subsection (b)— 

(A) in paragraph (5)— 

(i) in subparagraph (A)— 

(I) by striking clause (i) and inserting the following: 

‘‘(i) special projects and demonstration programs focused on improving transition from education to 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 

(B) by striking paragraph (6); 

(2) in subsection (c)(2)— 

(A) in subparagraph (E), by striking ‘‘and’’ after the 

semicolon; 

(B) by redesignating subparagraph (F) as subparagraph 

(G); and— 

(C) 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’’; and 

(3) by amending subsection (e) to read as follows: 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section (other than subsections (c) and (e)), there are 

authorized to be appropriated such sums as may be necessary for 

each of the fiscal years 2013 through 2017.’’. 

SEC. 443. MIGRANT AND SEASONAL FARMWORKERS. 

Section 304(b) (29 U.S.C. 774(b)) is amended by striking ‘‘fiscal 

years 1999 through 2003’’ and inserting ‘‘fiscal years 2013 through 

2017’’. 

SEC. 444. RECREATIONAL PROGRAMS. 

Section 305 (29 U.S.C. 776) is amended— 

(1) in subsection (a)(1)(B), by striking ‘‘construction of facilities for aquatic rehabilitation therapy,’’; and 

(2) in subsection (b), by striking ‘‘fiscal years 1999 through 

2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

Subtitle E—National Council on Disability 

SEC. 451. REPORT. 

Section 401 (29 U.S.C. 781) is amended by striking subsection (c). 

SEC. 452. AUTHORIZATION OF APPROPRIATIONS. 

Section 405 (29 U.S.C. 785) is amended by striking ‘‘fiscal years 

1999 through 2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 


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Subtitle F—Rights and Advocacy 

SEC. 456. BOARD AND COUNCIL. 

(a) ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD.—Section 502(j) (29 U.S.C. 792(j)) is amended by striking 

‘‘1999 through 2003’’ and inserting ‘‘2013 through 2017’’. 

(b) 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’’. 

(c) 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 or contract 

for’’ before ‘‘training’’; 

(2) in subsection (f)— 

(A) in paragraph (2)— 

(i) by striking ‘‘general’’ and all that follows through 

‘‘records’’ and inserting ‘‘general authorities (including 

rights and remedies), including the authority to access 

records’’; and 

(ii) by inserting ‘‘of title I’’ after ‘‘subtitle C’’; and 

(B) in paragraph (3), by striking ‘‘authority’’ and inserting ‘‘authority (including the right)’’; 

(3) in subsection (g)(2), by striking ‘‘was paid’’ and all that 

follows and inserting ‘‘was paid, except that program income 

generated from the amount paid to an eligible system for a fiscal year shall remain available to such system in accordance 

with section 19 of this Act.’’; 

(4) in subsection (l), by striking ‘‘1999 through 2003’’ and inserting ‘‘2013 through 2017’’; 

(5) by redesignating subsections (l) and (m) as subsections 

(m) and (n), respectively; and 

(6) by inserting after subsection (k) the following: 

‘‘(l) SYSTEM AUTHORITY.—For purposes of serving persons eligible 

for services under this section, an eligible system shall have the 

same general authorities, including access to records, as the system 

is afforded 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.), as determined by the Commissioner of the Administration on 

Developmental Disabilities.’’. 

SEC. 458. STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC EQUIPMENT. 

Section 510 (29 U.S.C. 794f) is amended— 

(1) by redesignating subsection (c) as subsection (d); 

(2) by inserting after subsection (b) the following: 

‘‘(c) REGULATIONS.—Not later than 6 months after the date of the 

issuance of the standards under subsection (a), each appropriate 

Federal agency authorized to promulgate regulations under section 

504 or the Americans with Disabilities Act of 1990 shall prescribe 

regulations in an accessible format, to the extent necessary to carry 

out the provisions of this section, section 504, and the Americans 


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with Disabilities Act of 1990, as applicable, that include accessibility standards that are consistent with the standards issued 

under subsection (a).’’; and 

(3) in subsection (d), as redesignated by paragraph (1), by 

adding at the end the following: ‘‘Not later than 6 months after 

the date of the issuance of such amended standards, each Federal agency covered by subsection (c) shall prescribe revised 

regulations, in an accessible format, that are consistent with 

the amended standards.’’. 

Subtitle G—Employment Opportunities for 

Individuals With Disabilities 

SEC. 461. PROJECTS WITH INDUSTRY. 

Section 611 (29 U.S.C. 795) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘in the competitive’’ and inserting ‘‘in 

competitive integrated employment in the’’; and 

(ii) by inserting ‘‘locally’’ after ‘‘career advancement’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A)— 

(I) by inserting ‘‘local and national’’ after ‘‘jointly 

financed’’; and 

(II) by inserting ‘‘in competitive integrated employment’’ after ‘‘career opportunities’’; 

(ii) in subparagraph (A)— 

(I) by striking clause (ii) and inserting the following: 

‘‘(ii) identify job and career availability within the community in consultations with local workforce investment 

boards, consistent with the existing and emerging in-demand industry sectors and occupations as defined in section 101 of the Workforce Investment Act of 2012, and the 

employment needs of employers in those industry sectors 

and occupations;’’; 

(II) in clause (iii), by striking ‘‘and’’ after the 

semicolon; 

(III) in clause (iv), by inserting ‘‘and’’ after the 

semicolon; and 

(IV) by adding at the end the following: 

‘‘(v) coordinate such training and job placement activities 

with the local workforce investment boards described in 

clause (ii) as appropriate, and with the Job Corps center 

industry councils established under section 154 of the 

Workforce Investment Act of 2012.’’; and 

(iii) in subparagraph (C)— 

(I) in clause (i), by striking ‘‘and’’ after the semicolon; 

(II) by redesignating clause (ii) as clause (iii); 

and 

(III) by inserting after clause (i) the following: 

‘‘(ii) internship programs for individuals with disabilities 

who seek employment; and’’; 


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(2) in subsection (e)(2), by striking ‘‘in States, portions of 

States, Indian tribes, or tribal organizations’’ and inserting 

‘‘nationally or in States, in portions of States, across multiple 

States, or in Indian tribes or tribal organizations’’; and 

(3) by adding at the end the following: 

‘‘(i) PROHIBITED USE OF FUNDS.—Grant funds awarded under 

this section shall not be used to support services in sheltered workshops or segregated settings.’’. 

SEC. 462. AUTHORIZATION OF APPROPRIATIONS. 

Section 612 (29 U.S.C. 795a) is amended by striking ‘‘fiscal years 

1999 through 2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

SEC. 463. SUPPORTED EMPLOYMENT SERVICES. 

Part B of title VI (29 U.S.C. 795g) is amended to read as follows: 

‘‘PART B—SUPPORTED EMPLOYMENT 

SERVICES 

‘‘SEC. 621. PURPOSE. 

‘‘It is the purpose of this part to authorize allotments, in addition 

to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate 

entities to provide supported employment services for 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. 

‘‘SEC. 622. ALLOTMENTS. 

‘‘(a) IN GENERAL.— 

‘‘(1) STATES.—The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the 

States on the basis of relative population of each State, except 

that— 

‘‘(A) no State shall receive less than $250,000, or 1⁄3 of 

1 percent of the sums appropriated for the fiscal year for 

which the allotment is made, whichever amount is greater; 

and 

‘‘(B) if the sums appropriated to carry out this part for 

the fiscal year exceed the sums appropriated to carry out 

this part for fiscal year 1992 by $1,000,000 or more, no 

State shall receive less than $300,000, or 1⁄3 of 1 percent 

of the sums appropriated for the fiscal year for which the 

allotment is made, whichever amount is greater. 

‘‘(2) CERTAIN TERRITORIES.— 

‘‘(A) IN GENERAL.—For the purposes of this subsection, 

Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands 

shall not be considered to be States. 

‘‘(B) ALLOTMENT.—Each jurisdiction described in subparagraph (A) shall be allotted not less than 1⁄8 of 1 percent of the amounts appropriated for the fiscal year for 

which the allotment is made. 

‘‘(b) REALLOTMENT.—Whenever the Commissioner determines 

that any amount of an allotment to a State for any fiscal year will 


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not be expended by such State for carrying out the provisions of 

this part, the Commissioner shall make such amount available for 

carrying out the provisions of this part to one or more of the States 

that the Commissioner determines will be able to use additional 

amounts during such year for carrying out such provisions. Any 

amount made available to a State for any fiscal year pursuant to 

the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined 

under the preceding provisions of this section) for such year. 

‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A State that receives an allotment under this part shall not use more than 5 percent of the funds made available through the allotment to pay for 

administrative costs. 

‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABILITIES.—A State that receives an allotment under this part shall expend half of the allotment for the provision of supported employment services, including extended services, to youth with the most 

significant disabilities in order to assist those youth to achieve an 

employment outcome in supported employment. 

‘‘SEC. 623. AVAILABILITY OF SERVICES. 

‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds provided under 

this part may be used to provide supported employment services to 

individuals who are eligible under this part. 

‘‘(b) EXTENDED SERVICES.—Except as provided in paragraph (c), 

funds provided under this part, or title I, may not be used to provide extended services to individuals who are eligible under this 

part or title I. 

‘‘(c) EXTENDED SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABILITIES.—Funds allotted under this part, or title I, and 

used for the provision of services under this part to youth with the 

most significant disabilities pursuant to section 622(d) of this part, 

may be used to provide extended services to youth with the most 

significant disabilities for a period not to exceed four years. 

‘‘SEC. 624. ELIGIBILITY. 

‘‘An individual, including a youth with a disability, shall be eligible under this part to receive supported employment services authorized under this part if— 

‘‘(1) the individual, including a youth with a disability, is eligible for vocational rehabilitation services under title I; 

‘‘(2) the individual, including a youth, is determined to be an 

individual with a most significant disability; and 

‘‘(3) a comprehensive assessment of rehabilitation needs of 

the individual or youth described in section 7(2)(B), including 

an evaluation of rehabilitation, career, and job needs, identifies 

supported employment as the appropriate employment outcome 

for the individual or youth. 

‘‘SEC. 625. STATE PLAN. 

‘‘(a) STATE PLAN SUPPLEMENTS.—To be eligible for an allotment 

under this part, a State shall submit to the Commissioner, as part 

of the State plan under section 101, a State plan supplement for 

providing supported employment services authorized under this Act 

to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services. Each 


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State shall make such annual revisions in the plan supplement as 

may be necessary. 

‘‘(b) CONTENTS.—Each such plan supplement shall— 

‘‘(1) indicate each designated State agency as the agency to 

administer the program assisted under this part; 

‘‘(2) summarize the results of the comprehensive, statewide 

assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including 

youth, with significant disabilities and the need for supported 

employment services, including needs related to coordination; 

‘‘(3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to 

individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services and 

specify the goals and plans of the State with respect to the distribution of funds received under section 622; 

‘‘(4) demonstrate evidence of the efforts of the designated 

State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies 

and other appropriate entities to assist in the provision of supported employment services; 

‘‘(5) demonstrate evidence of the efforts of the designated 

State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, 

natural supports, and other entities with respect to the provision of extended services; 

‘‘(6) a description of the activities to be conducted under this 

part, using the funds specified in section 622(d) of this title, for 

providing supported employment services to youth with the 

most significant disabilities, including— 

‘‘(A) the provision of extended services for a period not 

to exceed four years; and 

‘‘(B) how the State will use the funds specified in section 

622(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; 

‘‘(7) provide assurances that— 

‘‘(A) funds made available under this part will only be 

used to provide supported employment services authorized 

under this Act to individuals, including youth, who are eligible under this part to receive the services; 

‘‘(B) the comprehensive assessments of individuals with 

significant disabilities, including youth with the most significant disabilities, conducted under section 102(b)(1) and 

funded under title I will include consideration of supported 

employment as an appropriate employment outcome; 

‘‘(C) an individualized plan for employment, as required 

by section 102, will be developed and updated using funds 

under title I in order to— 

‘‘(i) specify the supported employment services to be 

provided, including as appropriate for youth with the 

most significant disabilities, transition services and 


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pre-employment transition services provided in accordance with sections 101(a)(25) and 114; 

‘‘(ii) specify the expected extended services needed, 

including the extended services that may be provided 

to youth with the most significant disabilities under 

this part, in accordance with an approved individualized plan for employment, for a period not to exceed 

four years; and 

‘‘(iii) identify, as appropriate, the source of extended 

services, which may include natural supports, or to 

the extent that it is not possible to identify the source 

of extended services at the time the individualized 

plan for employment is developed; 

‘‘(D) the State will use funds provided under this part 

only to supplement, and not supplant, the funds provided 

under title I, in providing supported employment services 

specified in the individualized plan for employment; 

‘‘(E) services provided under an individualized plan for 

employment will be coordinated with services provided 

under other individualized plans established under other 

Federal or State programs; 

‘‘(F) to the extent jobs skills training is provided, the 

training will be provided onsite; 

‘‘(G) supported employment services will include placement in an integrated setting based on the unique 

strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the 

most significant disabilities; 

‘‘(H) the State agencies designated under paragraph (1) 

will expend not more than 5 percent of the allotment of the 

State under this part for administrative costs of carrying 

out this part; and 

‘‘(I) with respect to supported employment services provided to youth with the most significant disabilities with 

the funds described in section 622(d), the designated State 

agency will provide, directly or indirectly through public or 

private entities, non-Federal contributions towards the 

grant award in an amount that is not less than 10 percent 

of such costs; and 

‘‘(8) contain such other information and be submitted in such 

manner as the Commissioner may require. 

‘‘SEC. 626. RESTRICTION. 

‘‘Each State agency designated under section 625(b)(1) shall collect the information required by section 101(a)(10) separately for eligible— 

‘‘(1)(A) individuals receiving supported employment services 

under this part; and 

‘‘(B) individuals receiving supported employment services 

under title I; and 

‘‘(2)(A) youth receiving supported employment services under 

this part; and 

‘‘(B) youth receiving supported employment services under 

title I. 


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‘‘SEC. 627. SAVINGS PROVISION. 

‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Nothing in this Act 

shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted 

under section 101 by using funds made available through a State 

allotment under section 110. 

‘‘(b) POST-EMPLOYMENT SERVICES.—Nothing in this part shall be 

construed to prohibit a State from providing discrete post-employment services in accordance with the State plan submitted under 

section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this 

subpart. 

‘‘SEC. 628. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There is authorized to be appropriated to carry out this part, including for technical assistance, such sums as may be necessary for 

each of the fiscal years 2013 through 2017.’’. 

Subtitle H—Independent Living Services 

and Centers for Independent Living 

CHAPTER 1—GENERAL PROVISIONS 

SEC. 471. PURPOSE. 

Section 701 (29 U.S.C. 796) is amended, in paragraph (3), by inserting before the period the following: ‘‘, with the goal of improving the independence of and equal opportunity for individuals with 

disabilities’’. 

SEC. 472. INDEPENDENT LIVING ADMINISTRATION. 

Title VII (29 U.S.C. 796 et seq.) is amended by inserting after 

section 701 the following: 

‘‘SEC. 701A. INDEPENDENT LIVING ADMINISTRATION. 

‘‘(a) ESTABLISHMENT.—In order to promote the philosophy and 

purpose of section 701, there is established within the Department 

of Education an Independent Living Administration, independent 

of the Rehabilitation Services Administration. 

‘‘(b) DIRECTOR.—The Independent Living Administration shall be 

headed by a Director (referred to in this title as the ‘ILA Director’) 

appointed by the Secretary. The ILA Director shall not have been 

an employee of the Department of Education during the 90-day period before such appointment, and shall have substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the ILA Director 

shall be the principal officer, of the Department for carrying out 

this title. The ILA Director shall have the same reporting relationship as is outlined in section 202(a)(2), and shall be a different individual than the Commissioner. 

‘‘(c) GENERAL COUNSEL.—The Office of the General Counsel of 

the Department of Education shall designate 1 or more individuals, 

with substantial background in and knowledge of independent living services and centers for independent living under this title, to 

provide advice, support, and technical assistance to the ILA Director. 


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‘‘(d) INPUT.—The ILA Director shall have the authority to seek 

such input and advice, including convening meetings, as the ILA 

Director determines to be appropriate with respect to the policies 

and conduct of the Independent Living Administration. 

‘‘(e) STAFF.—The Secretary shall ensure that— 

‘‘(1) the Independent Living Administration has sufficient 

staff to provide oversight of, conduct auditing of, and provide 

technical assistance to, the centers for independent living and 

Statewide Independent Living Councils funded under this Act; 

and 

‘‘(2) such staff includes qualified individuals who have significant experience with centers for independent living or 

Statewide Independent Living Councils described in section 

705.’’. 

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—’’; 

(B) in subparagraph (A), by striking ‘‘and’’ at the end; 

(C) in subparagraph (B), by striking the period and inserting ‘‘, including, at a minimum, independent living core 

services as defined in section 7(17); and’’; and 

(D) by adding at the end the following: 

‘‘(C) has sufficient staff to provide the services described 

in subparagraph (B).’’; and 

(2) in paragraph (2), by striking the period and inserting the 

following: ‘‘, both in terms of— 

‘‘(A) the management, staffing, decisionmaking, and operation of the center; and 

‘‘(B) the center’s establishment of policies, direction, and 

provision of 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 ‘‘ILA Director’’; 

(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, the director of the designated 

State entity described in subsection (c), and the directors 

of the centers for independent living in the State, after receiving public input from individuals with disabilities 

throughout the State; and 

‘‘(B) signed by— 


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‘‘(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’’; 

(ii) in subparagraph (B), by striking ‘‘and’’ at the 

end; and 

(iii) 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 the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities; and 

‘‘(D) cooperative agreements and partnerships to provide 

a seamless model for provision of services to individuals 

with disabilities and to avoid duplication of services.’’; 

(D) in paragraph (4), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘ILA Director’’; and 

(E) by adding at the end the following: 

‘‘(5) STATEWIDE BASIS.—The State plan shall provide for the 

provision of independent living services on a statewide basis, 

to the greatest extent possible, including through the establishment of additional centers for independent living or focused 

outreach to serve underserved populations.’’; 

(2) in subsection (b), by striking the period and inserting the 

following: ‘‘, as well as a plan for funding the administrative 

costs of the Council.’’; 

(3) in subsection (c)— 

(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’), which may be the designated 

State unit, an entity within the designated State agency, 

or an entity within a different State agency,’’; 

(C) in paragraphs (3) and (4), by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘ILA Director’’; 

(D) in paragraph (3), by striking ‘‘and’’ at the end; and 


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(E) in paragraph (4), by striking the period and inserting 

‘‘; and’’; 

(4) 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.’’; 

(5) in subsection (m)— 

(A) in paragraph (4), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘ILA Director’’; and 

(B) in paragraph (5), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘ILA Director’’; and 

(6) by adding at the end the following: 

‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY LIFE.— 

‘‘(1) IN GENERAL.—The plan shall describe how the State will 

provide independent living services that promote full access to 

community life for individuals with significant disabilities. 

‘‘(2) SERVICES.—The services shall include— 

‘‘(A) facilitating transitions of individuals with significant disabilities from nursing homes and other institutions, to home- and community-based residences, with the 

requisite supports and services; 

‘‘(B) providing assistance to individuals with significant 

disabilities that are at risk of entering institutions so that 

the individuals may remain in the community; and 

‘‘(C) facilitating transitions of youth (including students) 

who are individuals with significant disabilities, who were 

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, including employment.’’. 

SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL. 

Section 705 (29 U.S.C. 796d) is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (2) and inserting the following: 

‘‘(2) COMPOSITION.—The Council shall include— 

‘‘(A) among its voting members, at least 1 director of a 

center for independent living chosen by the directors of 

centers for independent living within the State; 

‘‘(B) among its voting members, for a State in which 1 

or more centers are funded under section 721(c)(4), at least 

1 representative of the directors of the 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)— 

(i) by redesignating subparagraphs (C) through (F) 

as subparagraphs (D) through (G), respectively; 


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(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;’’; and 

(C) in paragraph (5)(B), by striking ‘‘paragraph (3)’’ and 

inserting ‘‘paragraph (1)’’; 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) FUNCTIONS.— ‘‘(1) DUTIES.—The Council shall— 

‘‘(A) in conjunction with the directors of the centers for 

independent living in the State, and the designated State 

entity, jointly develop and sign the State plan as provided 

in section 704(a)(2); 

‘‘(B) monitor, review, and evaluate the implementation of 

the State plan; 

‘‘(C) have at least 4 regularly scheduled meetings per 

year, 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 ILA Director such periodic reports as 

the ILA Director may reasonably request, and keep such 

records, and afford such access to such records, as the ILA 

Director finds necessary to verify the information in such 

reports; and 

‘‘(E) as appropriate, coordinate activities with the State 

Rehabilitation Council established under section 105, if the 

State has such a Council, or the commission described in 

section 101(a)(21)(A), if the State has such a commission, 

and councils that address the needs of specific disability 

populations and issues under other Federal law. 

‘‘(2) AUTHORITIES.—The Council may, consistent with the 

State plan described in section 704, unless prohibited by State 

law— 

‘‘(A) facilitate the improvement and coordination of services provided to individuals with disabilities by centers for 

independent living, the designated State unit, other government agencies, and community organizations; 

‘‘(B) conduct resource development activities to obtain 

funding from public and private resources 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.’’; 

(3) 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 


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(B) in paragraph (3), by striking ‘‘agency’’ and inserting 

‘‘entity’’; and 

(4) 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. 476. RESPONSIBILITIES OF THE ILA DIRECTOR. 

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 ILA DIRECTOR.’’; 

(2) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘Commissioner’’ each 

place it appears and inserting ‘‘ILA Director’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘Commissioner’’ 

each place it appears and inserting ‘‘ILA Director’’; 

and 

(ii) in subparagraph (B)— 

(I) in clause (i)— 

(aa) by striking ‘‘Secretary’’ and inserting 

‘‘Secretary or the Commissioner’’; and 

(bb) by striking ‘‘to the Commissioner; and’’ 

and inserting ‘‘to the ILA Director;’’; 

(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 Investment Act of 2012, the ILA Director 

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) by striking paragraph (1) and inserting the following: 

‘‘(1) REVIEWS.— 

‘‘(A) TYPES OF REVIEWS.—The ILA Director shall annually conduct— 

‘‘(i) onsite compliance reviews of at least 15 percent 

of the centers for independent living that receive funds 

under section 722 and shall periodically conduct such 

a review of each such center; 

‘‘(ii) onsite compliance reviews of at least one-third 

of the designated State units that receive funding 

under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive 

funding under section 723 in such State; and 


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‘‘(iii) onsite compliance reviews for at least 10 percent of the Statewide Independent Living Councils established in each State under section 705. 

‘‘(B) SELECTIONS.—The ILA Director shall select the centers, State units, and Councils described in this paragraph 

for review on a random basis.’’; and 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘Commissioner’’ and inserting ‘‘ILA Director’’; 

(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 ‘‘Independent Living Administration’’; and 

(5) by striking subsection (d). 

CHAPTER 2—INDEPENDENT LIVING SERVICES 

SEC. 477. 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 ‘‘ILA Director’’; 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, except for 

States covered by section 723.’’. 

(b) TRAINING AND TECHNICAL ASSISTANCE.—Part B of title VII is 

amended by inserting after section 711 (29 U.S.C. 796e) the following: 

‘‘SEC. 711A. TRAINING AND TECHNICAL ASSISTANCE. 

‘‘(a) IN GENERAL.—From the funds appropriated to carry out this 

part for any fiscal year, beginning with fiscal year 2012, the ILA 

Director 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 Statewide Independent Living Councils for such fiscal year. 

‘‘(b) ALLOCATION.—From the funds reserved under subsection (a), 

the ILA Director shall make grants to, and enter into contracts and 

other arrangements with, entities that have experience in the operation of Statewide Independent Living Councils to provide such 

training and technical assistance with respect to developing, conducting, administering, and evaluating Statewide Independent Living Councils. 


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‘‘(c) FUNDING PRIORITIES.—The ILA Director shall conduct a survey of Statewide Independent Living Councils regarding training 

and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements. 

‘‘(d) REVIEW.—To be eligible to receive a grant or enter into a 

contract or other arrangement under this section, such an entity 

shall submit an application to the ILA Director at such time, in 

such manner, and containing a proposal to provide such training 

and technical assistance, and containing such additional information as the ILA Director may require. The ILA Director shall provide for peer review of grant applications by panels that include 

persons who are not government employees and who have experience in the operation of Statewide Independent Living Councils.’’. 

(c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e–1(a)) is amended 

by striking ‘‘Commissioner’’ and inserting ‘‘ILA Director.’’ 

(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 (but not more than 30 percent of the funds paid to the State 

under section 712) to provide the resources described in section 

705(e), 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 under section 704 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 ‘‘1999 through 2003’’ and inserting 

‘‘2013 through 2017’’. 

CHAPTER 3—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 ‘‘2012’’; 

(B) by striking ‘‘Commissioner shall allot’’ and inserting 

‘‘ILA Director shall make available’’; and 

(C) by inserting ‘‘, centers for independent living,’’ after 

‘‘States’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) 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 2012, the ILA Director’’; 

(ii) by inserting ‘‘not less than 1.8 percent and not 

more than 2 percent of the funds’’ after ‘‘reserve’’; and 

(iii) by striking ‘‘eligible agencies’’ and all that follows and inserting ‘‘centers for independent living and 

eligible agencies for such fiscal year.’’; 


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(B) in paragraph (2)— 

(i) by striking ‘‘Commissioner’’ and inserting ‘‘ILA 

Director’’; 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 ‘‘ILA Director’’; 

and 

(D) in paragraph (3), by striking ‘‘Statewide Independent 

Living Councils and’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) ALLOTMENTS TO STATES.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ADDITIONAL APPROPRIATION.—The term ‘additional 

appropriation’ means the amount (if any) by which the appropriation for a fiscal year exceeds the total of— 

‘‘(i) the amount reserved under subsection (b) for 

that fiscal year; and 

‘‘(ii) the appropriation for fiscal year 2008. 

‘‘(B) APPROPRIATION.—The term ‘appropriation’ means 

the amount appropriated to carry out this part. 

‘‘(C) BASE APPROPRIATION.—The term ‘base appropriation’ means the portion of the appropriation for a fiscal 

year that is equal to the lesser of— 

‘‘(i) an amount equal to 100 percent of the appropriation, minus the amount reserved under subsection 

(b) for that fiscal year; or 

‘‘(ii) the appropriation for fiscal year 2008. 

‘‘(2) ALLOTMENTS TO STATES FROM BASE APPROPRIATION.— After the reservation required by subsection (b) has been 

made, the ILA Director shall allot to each State whose State 

plan has been approved under section 706 an amount that 

bears the same ratio to the base appropriation as the amount 

the State received under this subsection for fiscal year 2008 

bears to the total amount that all States received under this 

subsection for fiscal year 2008. 

‘‘(3) ALLOTMENTS TO STATES OF ADDITIONAL APPROPRIATION.— From the portion of any additional appropriation for each fiscal 

year that remains after the application of paragraph (4), the 

ILA Director shall allot to each State whose State plan has 

been approved under section 706 an amount equal to the sum 

of— 

‘‘(A) an amount that bears the same ratio to 50 percent 

of the portion as the population of the State bears to the 

population of all States; and 

‘‘(B) 1⁄56 of 50 percent of that portion. 

‘‘(4) GRANTS FOR CENTERS FOR AMERICAN INDIANS.— 

‘‘(A) GRANTS.—The ILA Director may reserve not more 

than 5 percent of the additional appropriation for any fiscal year. The ILA Director shall use the reserved funds to 

make individual grants to support new or existing centers 

for independent living run by, or in conjunction with, the 

governing bodies of American Indian tribes located on Federal or State reservations (including consortia of such governing bodies). A governing body that receives such a 


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grant shall use the grant funds for such a center that 

serves American Indians who are individuals with disabilities residing on or near such a reservation. 

‘‘(B) APPLICATIONS.— ‘‘(i) IN GENERAL.—To be eligible to receive a grant 

under this paragraph for an independent living center, 

a governing body, or a governing body in conjunction 

with a center for independent living, shall submit an 

application to the ILA Director at such time, in such 

manner and containing such information as the ILA 

Director may require, and obtain approval for the application. 

‘‘(ii) CONTENTS.—At a minimum, the application 

shall contain an assurance that the center— 

‘‘(I) will meet the definition of a center for independent living under section 702; 

‘‘(II) will provide independent living core services (as defined in section 7(17)) to American Indians described in subparagraph (A) and, in appropriate cases, may provide to such American Indians services traditionally used by Indian tribes; 

‘‘(III) will have sufficient staff to provide the 

services described in subclause (II); and 

‘‘(IV) will comply with the standards and provide and comply with the assurances for centers 

for independent living under section 725. 

‘‘(C) CARRYOVER AUTHORITY.—Notwithstanding any 

other provision of law, any funds provided through a grant 

made under subparagraph (A) to an individual grant recipient for a fiscal year that are not obligated or expended 

by the recipient prior to the beginning of the succeeding 

fiscal year shall remain available for obligation and expenditure by such recipient during that succeeding fiscal 

year and the subsequent fiscal year. 

‘‘(D) RESERVATION.—In this paragraph, the term ‘reservation’ has the meaning given the term in section 

121(d).’’; 

(4) in subsection (d), by striking ‘‘Commissioner’’ each place 

it appears and inserting ‘‘ILA Director’’; and 

(5) by adding at the end the following: 

‘‘(e) CARRYOVER AUTHORITY.—Notwithstanding any other provision of law— 

‘‘(1) any funds appropriated for a fiscal year to carry out a 

grant program under section 722 or 723, that are not obligated 

and expended by the recipients prior to the beginning of the 

succeeding fiscal year shall remain available for obligation and 

expenditure by such recipients during that succeeding fiscal 

year and the subsequent fiscal year; and 

‘‘(2) any amounts of program income received by recipients 

under a grant program under section 722 or 723 in a fiscal 

year, that are not obligated and expended by the recipients 

prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year.’’. 


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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 ‘‘ILA Director’’; 

(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 ‘‘ILA 

Director’’; and 

(ii) by striking ‘‘region, consistent’’ and all that follows and inserting ‘‘region. The ILA Director’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 ‘‘ILA Director’’; 

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; 

‘‘(ii) if any, by the Statewide Independent Living 

Council in the State in which the applicant is located;’’; and 

(iii) in subparagraph (C), by inserting ‘‘, and consistent with the other objectives of this title’’ before 

the period; and 

(4) in subsections (e) and (g) by striking ‘‘Commissioner’’ 

each place it appears and inserting ‘‘ILA Director.’’. 

(b) CENTERS IN STATES IN WHICH STATE FUNDING EXCEEDS FED- ERAL 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 ‘‘ILA Director’’; 

(2) in subsection (a), in the header of paragraph (3), by striking ‘‘COMMISSIONER’’ and inserting ‘‘ILA DIRECTOR’’; 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 ‘‘2012’’; 

(B) by striking ‘‘Rehabilitation Act Amendments of 1998’’ 

and inserting ‘‘Workforce Investment Act of 2012’’; and 


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(C) by striking ‘‘1994’’ and inserting ‘‘2012’’; and 

(2) by striking ‘‘Commissioner’’ each place it appears and inserting ‘‘ILA Director’’. 

SEC. 483. STANDARDS AND ASSURANCES. 

Section 725 (29 U.S.C. 796f–4) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(D), by striking ‘‘to society’’ and inserting ‘‘, both within the community and throughout the 

United States,’’; and 

(B) in paragraph (5)— 

(i) by inserting ‘‘(as defined in section 7(17))’’ after 

‘‘core services’’; and 

(ii) by inserting before the period the following: ‘‘to 

eligible individuals, to promote full access to community life’’; and 

(2) in subsection (c), by striking ‘‘Commissioner’’ each place 

it appears and inserting ‘‘ILA Director’’. 

SEC. 484. AUTHORIZATION OF APPROPRIATIONS. 

Section 727 (29 U.S.C. 796f–6) is amended by striking ‘‘fiscal 

years 1999 through 2003’’ and inserting ‘‘fiscal years 2013 through 

2017’’. 

CHAPTER 4—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 of the Rehabilitation Act of 1973 (29 U.S.C. 

796j et seq.) is amended— 

(1) by redesignating sections 752 and 753 as sections 753 

and 754, respectively; and 

(2) by inserting after section 751 the following: 

‘‘SEC. 752. TRAINING AND TECHNICAL ASSISTANCE. 

‘‘(a) GRANTS; CONTRACTS; OTHER ARRANGEMENTS.—For any fiscal 

year for which the funds appropriated to carry out this chapter exceed the funds appropriated to carry out this chapter for fiscal year 

2008, the Commissioner shall first reserve from such excess, to provide 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, not less than 1.8 percent, and not more than 2 percent, 

of the funds appropriated to carry out this chapter for the fiscal 

year involved. 

‘‘(b) ALLOCATION.—From the funds reserved under subsection (a), 

the Commissioner shall make grants to, and enter into contracts 

and other arrangements with, entities that demonstrate expertise 

in the provision of services to older individuals who are blind, to 

provide training and technical assistance with respect to planning, 

developing, conducting, administering, and evaluating independent 

living programs for older individuals who are blind. 

‘‘(c) FUNDING PRIORITIES.—The Commissioner shall conduct a 

survey of designated State agencies that receive grants under section 753 regarding training and technical assistance needs in order 

to determine funding priorities for grants, contracts, and other arrangements under this section. 


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‘‘(d) APPLICATION.—To be eligible to receive a grant or enter into 

a contract or other arrangement 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. 

‘‘(e) PROHIBITION ON COMBINED FUNDS.—No funds reserved by 

the Commissioner under this section may be combined with funds 

appropriated under any other Act or portion of this Act if the purpose of combining funds is to make a single discretionary grant or 

a single discretionary payment, unless such reserved funds are separately identified in the agreement for such grant or payment and 

are used for the purposes of this chapter.’’. 

SEC. 487. PROGRAM OF GRANTS. 

Section 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796k), 

as redesignated by section 586, is amended— 

(1) by striking subsection (h); 

(2) by redesignating subsections (i) and (j) as subsections (h) 

and (i), respectively; 

(3) in subsection (b), by striking ‘‘section 753’’ and inserting 

‘‘section 754’’; 

(4) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘section 753’’ and inserting ‘‘section 754’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘subsection (j)’’ and inserting ‘‘subsection (i)’’; and 

(ii) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’; 

(5) in subsection (g), by inserting ‘‘, or contracts with,’’ after 

‘‘grants to’’; 

(6) 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 

(7) in subsection (i), as redesignated by paragraph (2)— 

(A) by striking paragraph (2) and inserting the following: 

‘‘(2) MINIMUM ALLOTMENT.— 

‘‘(A) STATES.—In the case of any of the several States, 

the District of Columbia, or the Commonwealth of Puerto 

Rico, the amount referred to in paragraph (1)(A) for a fiscal year is the greater of— 

‘‘(i) $350,000; 

‘‘(ii) an amount equal to the amount the State, the 

District of Columbia, or the Commonwealth of Puerto 

Rico received to carry out this chapter for fiscal year 

2008; or 

‘‘(iii) an amount equal to 1⁄3 of 1 percent of the 

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served under section 752, for the fiscal year and available for allotments under subsection (a). 

‘‘(B) CERTAIN TERRITORIES.—In the case of Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the amount 

referred to in paragraph (1)(A) for a fiscal year is 

$60,000.’’; 

(B) in paragraph (3)(A), by striking ‘‘section 753’’ and inserting ‘‘section 754, and not reserved under section 752,’’; 

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 754 of the Rehabilitation Act of 1973 (29 U.S.C. 796l), as 

redesignated by section 586, is amended by striking ‘‘fiscal years 

1999 through 2003’’ and inserting ‘‘fiscal years 2013 through 2017’’. 

Subtitle I—Increasing Employment Opportunities for Individuals With Disabilities 

SEC. 491. DISABILITY EMPLOYMENT. 

The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended 

by adding at the end the following: 

‘‘TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES 

‘‘SEC. 801. PUBLIC EDUCATION CAMPAIGNS ABOUT HIRING INDIVIDUALS WITH DISABILITIES. 

‘‘(a) IN GENERAL.—Not later than 120 days after the date of enactment of the Workforce Investment Act of 2012, the Secretary of 

Labor, acting through the Assistant Secretary and in coordination 

with the Commissioner of the Rehabilitation Services Administration, the Commissioner of Social Security, the Commissioner of the 

Internal Revenue Service, and the heads of other relevant Federal 

agencies and divisions of Federal agencies, shall develop and carry 

out public education campaigns that educate employers (including 

small businesses), employees (including individuals with disabilities), and members of the general public (including young adults) 

on the benefits of hiring individuals with disabilities. The public 

education campaign for employers (including small businesses) 

shall include information on— 

‘‘(1) the work opportunity credit under section 51 of the Internal Revenue Code of 1986; and 

‘‘(2) tax incentives available to businesses to help cover the 

cost of improving accessibility, including— 

‘‘(A) the disabled access credit under section 44 of the Internal Revenue Code of 1986; and 


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‘‘(B) the tax deduction available under section 190 of the 

Internal Revenue Code of 1986, for expenses for architectural barrier removal. 

‘‘(b) EDUCATIONAL MATERIALS.—The public education campaigns 

described in subsection (a) shall include, as necessary, different 

educational materials in order to adequately target and educate, 

small businesses, employers generally, employees, and members of 

the general public, including educational materials on work incentives that may assist individuals with disabilities in leaving programs of public benefits, entering the workforce, advancing their 

economic status, and contributing to and participating more fully 

in their communities.’’. 

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. Additional technical assistance. 

‘‘Sec. 114. Pre-employment transition services.’’; 

(3) by inserting after the item relating to section 205 the following: 

‘‘Sec. 206. Definition of covered school.’’; 

(4) by inserting after the item relating to section 509 the following: 

‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equipment.’’; 

(5) by striking the items relating to part B of title VI and 

inserting the following: 

‘‘PART B—SUPPORTED EMPLOYMENT SERVICES

‘‘Sec. 620. Authorization of appropriations.’’; 

(6) in the items relating to title VII— 

(A)(i) by inserting after the item relating to section 701 

the following: 

‘‘Sec. 701A. Independent Living Administration.’’; 

and 

(ii) by striking the item relating to section 706 and inserting the following: 

‘‘Sec. 706. Responsibilities of the ILA Director.’’; 

(B) by inserting after the item relating to section 711 the 

following: 

‘‘Sec. 711A. Training and technical assistance.’’; 

and 

(C) by striking the items relating to sections 752 and 

753 and inserting the following: 

‘‘Sec. 752. Training and technical assistance. 

‘‘Sec. 753. Program of grants. 

‘‘Sec. 754. Authorization of appropriations.’’; 

and 


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(7) by adding at the end the following: 

‘‘TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR 

INDIVIDUALS WITH DISABILITIES 

‘‘Sec. 801. Public education campaigns about hiring individuals with disabilities.’’. 

Æ 


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