II 

113TH CONGRESS 

1ST SESSION S. 1356 

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

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

in the United States, and to promote individual and national economic 

growth, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2013 

Mrs. MURRAY (for herself, Mr. ISAKSON, Mr. HARKIN, and Mr. ALEXANDER) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Workforce Investment Act of 1998 to 

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

in the United States, and to promote individual and 

national economic growth, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Workforce Investment Act of 2013’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

TITLE I—SYSTEM ALIGNMENT AND INNOVATION 

Sec. 101. Definitions. 

Subtitle A—Workforce Boards and Plans 

CHAPTER 1—STATE PROVISIONS

Sec. 111. State workforce development boards. 

Sec. 112. Unified State plan. 

Sec. 113. Combined State plan. 

CHAPTER 2—LOCAL PROVISIONS

Sec. 116. Local workforce development areas. 

Sec. 117. Local workforce development boards. 

Sec. 118. Local plan. 

CHAPTER 3—GENERAL PROVISIONS

Sec. 121. Qualifications for directors. 

Sec. 122. Funding of State and local boards. 

Subtitle B—Workforce Development Performance Accountability System 

Sec. 131. Performance accountability system. 

Subtitle C—Workforce Innovation and Replication Grants 

Sec. 141. Purposes. 

Sec. 142. Workforce innovation and replication grants. 

Sec. 143. Youth innovation and replication grants. 

Sec. 144. Interagency agreement. 

TITLE II—WORKFORCE INVESTMENT AND RELATED ACTIVITIES 

Subtitle A—Definition 

Sec. 201. Definition. 

Subtitle B—Workforce Investment Activities and Providers 

Sec. 211. Purpose. 

CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

Sec. 221. Establishment of one-stop delivery systems. 

Sec. 222. Identification of eligible providers of training services. 

Sec. 223. Eligible providers of youth workforce investment activities. 

CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES

Sec. 226. General authorization. 


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Sec. 227. State allotments. 

Sec. 228. Within State allocations. 

Sec. 229. Use of funds for youth workforce investment activities. 

CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND

TRAINING ACTIVITIES

Sec. 231. General authorization. 

Sec. 232. State allotments. 

Sec. 233. Within State allocations. 

Sec. 234. Use of funds for employment and training activities. 

CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS

Sec. 236. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 241. Purposes. 

Sec. 242. Definitions. 

Sec. 243. Establishment. 

Sec. 244. Individuals eligible for the Job Corps. 

Sec. 245. Recruitment, screening, selection, and assignment of enrollees. 

Sec. 246. Enrollment. 

Sec. 247. Job Corps centers. 

Sec. 248. Program activities. 

Sec. 249. Counseling and job placement. 

Sec. 250. Support. 

Sec. 251. Operating plan. 

Sec. 252. Standards of conduct. 

Sec. 253. Community participation. 

Sec. 254. Industry councils. 

Sec. 255. Advisory committees. 

Sec. 256. Experimental, research, and demonstration projects. 

Sec. 257. Application of provisions of Federal law. 

Sec. 258. Special provisions. 

Sec. 259. Management information. 

Sec. 260. General provisions. 

Sec. 261. Authorization of appropriations. 

Subtitle D—National Programs 

Sec. 266. Native American programs. 

Sec. 267. Migrant and seasonal farmworker programs. 

Sec. 268. Veterans’ workforce investment programs. 

Sec. 269. Technical assistance. 

Sec. 270. Evaluations and research. 

Sec. 271. National dislocated worker grants. 

Sec. 272. YouthBuild program. 

Sec. 274. Authorization of appropriations. 

Subtitle E—Administration 

Sec. 281. Requirements and restrictions. 

Sec. 282. Prompt allocation of funds. 

Sec. 283. Monitoring. 

Sec. 284. Fiscal controls; sanctions. 


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Sec. 285. Reports; recordkeeping; investigations. 

Sec. 286. Administrative adjudication. 

Sec. 287. Judicial review. 

Sec. 288. Nondiscrimination. 

Sec. 289. Secretarial administrative authorities and responsibilities. 

Sec. 290. Workforce flexibility plans. 

Sec. 291. State legislative authority. 

Sec. 292. Transfer of Federal equity in State employment security agency real 

property to the States. 

Sec. 293. Continuation of State activities and policies. 

Sec. 294. General program requirements. 

TITLE III—ADULT EDUCATION AND LITERACY 

Sec. 301. Short title. 

Sec. 302. Purpose. 

Sec. 303. Definitions. 

Sec. 304. Home schools. 

Sec. 305. Rule of construction regarding postsecondary transition and concurrent enrollment activities. 

Sec. 306. Authorization of appropriations. 

Subtitle A—Federal Provisions 

Sec. 311. Reservation of funds; grants to eligible agencies; allotments. 

Sec. 312. Performance accountability system. 

Subtitle B—State Provisions 

Sec. 321. State administration. 

Sec. 322. State distribution of funds; matching requirement. 

Sec. 323. State leadership activities. 

Sec. 324. State plan. 

Sec. 325. Programs for corrections education and other institutionalized individuals. 

Subtitle C—Local Provisions 

Sec. 331. Grants and contracts for eligible providers. 

Sec. 332. Local application. 

Sec. 333. Local administrative cost limits. 

Subtitle D—General Provisions 

Sec. 341. Administrative provisions. 

Sec. 342. National leadership activities. 

Sec. 343. Integrated English literacy and civics education. 

TITLE IV—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 401. Employment service offices. 

Sec. 402. Definitions. 

Sec. 403. Federal and State employment service offices. 

Sec. 404. Allotment of sums. 

Sec. 405. Use of sums. 

Sec. 406. State plan. 

Sec. 407. Performance measures. 

Sec. 408. Pilot projects. 


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Sec. 409. Workforce and labor market information system. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

Sec. 501. References. 

Sec. 502. Findings, purpose, policy. 

Sec. 503. Disability Employment Services and Supports Administration. 

Sec. 504. Definitions. 

Sec. 505. Administration of the Act. 

Sec. 506. Reports. 

Sec. 507. Evaluation and information. 

Sec. 508. Carryover. 

Sec. 509. Traditionally underserved populations. 

Subtitle B—Vocational Rehabilitation Services 

Sec. 511. Declaration of policy; authorization of appropriations. 

Sec. 512. State plans. 

Sec. 513. Eligibility and individualized plan for employment. 

Sec. 514. Vocational rehabilitation services. 

Sec. 515. State Rehabilitation Council. 

Sec. 516. Evaluation standards and performance indicators. 

Sec. 517. Monitoring and review. 

Sec. 518. Training and services for employers. 

Sec. 519. State allotments. 

Sec. 520. Payments to States. 

Sec. 521. Client assistance program. 

Sec. 522. Technical assistance for quality services. 

Sec. 523. Pre-employment transition services. 

Sec. 524. American Indian vocational rehabilitation services. 

Sec. 525. Vocational rehabilitation services client information. 

Sec. 526. GAO study on interaction with the Ticket to Work and Self-Sufficiency Program. 

Subtitle C—Research and Training 

Sec. 531. Purpose. 

Sec. 532. Authorization of appropriations. 

Sec. 533. National Institute on Disability, Independent Living, and Rehabilitation Research. 

Sec. 534. Interagency committee. 

Sec. 535. Research and other covered activities. 

Sec. 536. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

Sec. 537. Definition of covered school. 

Subtitle D—Professional Development and Special Projects and 

Demonstration 

Sec. 541. Purpose; training. 

Sec. 542. Demonstration and training programs. 

Sec. 543. Migrant and seasonal farmworkers. 

Sec. 544. Recreational programs. 

Subtitle E—National Council on Disability 


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Sec. 551. Establishment. 

Sec. 552. Report. 

Sec. 553. Authorization of appropriations. 

Subtitle F—Rights and Advocacy 

Sec. 556. Interagency Committee, Board, and Council. 

Sec. 557. Protection and advocacy of individual rights. 

Sec. 558. Employment of individuals with disabilities at wages below minimum 

wage. 

Subtitle G—Employment Opportunities for Individuals With Disabilities 

Sec. 561. Projects With Industry. 

Sec. 562. Authorization of appropriations. 

Sec. 563. Supported employment services. 

Subtitle H—Independent Living Services and Centers for Independent Living 

CHAPTER 1—GENERAL PROVISIONS

Sec. 571. Purpose. 

Sec. 572. Independent Living Administration. 

Sec. 573. Definitions. 

Sec. 574. State plan. 

Sec. 575. Statewide Independent Living Council. 

Sec. 575A. Responsibilities of the ILA Director. 

CHAPTER 2—INDEPENDENT LIVING SERVICES

Sec. 576. Administration. 

CHAPTER 3—CENTERS FOR INDEPENDENT LIVING

Sec. 581. Program authorization. 

Sec. 582. Centers. 

Sec. 583. Standards and assurances. 

Sec. 584. Authorization of appropriations. 

CHAPTER 4—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS

WHO ARE BLIND

Sec. 586. Independent living services for older individuals who are blind. 

Sec. 587. Program of grants. 

Sec. 588. Independent living services for older individuals who are blind authorization of appropriations. 

Subtitle I—Increasing Employment Opportunities for Individuals With 

Disabilities 

Sec. 591. Disability employment. 

Subtitle J—General Provisions 

Sec. 596. Transfer of functions to Department of Labor, and savings provisions. 

Sec. 597. Transfer of functions to Department of Health and Human Services, 

and savings provisions. 

Sec. 598. Table of contents. 


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TITLE VI—GENERAL PROVISIONS 

Subtitle A—Workforce Investment 

Sec. 601. Privacy. 

Sec. 602. Buy-American requirements. 

Sec. 603. Transition provisions. 

Sec. 604. Effective dates. 

Subtitle B—Amendments to Other Laws 

Sec. 611. Repeal of the Workforce Investment Act of 1998. 

Sec. 612. Preparation and submission of conforming amendments. 

Sec. 613. Workforce investment-related conforming amendments. 

Sec. 614. Disability-related conforming amendments. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are the following: 

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

4 States, particularly those individuals with barriers to 

5 employment, access to and opportunities for the em6 ployment, education, training, and support services 

7 they need to succeed in the labor market. 

8 (2) To support the alignment of workforce in9 vestment, education, and economic development sys10 tems in support of a comprehensive, accessible, and 

11 high-quality workforce development system in the 

12 United States. 

13 (3) To improve the quality and labor market 

14 relevance of workforce investment, education, and 

15 economic development efforts to provide America’s 

16 workers with the skills and credentials necessary to 

17 secure and advance in employment with family-sus18 taining wages and to provide America’s employers 


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1 with the skilled workers the employers need to suc2 ceed in a global economy. 

3 (4) To promote improvement in the structure of 

4 and delivery of services through the United States 

5 workforce development system to better address the 

6 employment and skill needs of— 

7 (A) workers and jobseekers; and 

8 (B) employers. 

9 (5) To increase the prosperity of workers and 

10 employers in the United States, the economic growth 

11 of communities, regions, and States, and the global 

12 competitiveness of the United States. 

13 TITLE I—SYSTEM ALIGNMENT 

14 AND INNOVATION 

15 SEC. 101. DEFINITIONS. 

16 In this Act, and the core program provisions that are 

17 not in this Act, except as otherwise expressly provided: 

18 (1) ADULT.—Except as otherwise specified in 

19 section 232, the term ‘‘adult’’ means an individual 

20 who is age 18 or older. 

21 (2) ADULT EDUCATION; ADULT EDUCATION

22 AND LITERACY ACTIVITIES.—The terms ‘‘adult edu23 cation’’ and ‘‘adult education and literacy activities’’ 

24 have the meanings given the terms in section 303. 


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1 (3) AREA CAREER AND TECHNICAL EDUCATION

2 SCHOOL.—The term ‘‘area career and technical edu3 cation school’’ has the meaning given the term in 

4 section 3 of the Carl D. Perkins Career and Tech5 nical Education Act of 2006 (20 U.S.C. 2302). 

6 (4) BASIC SKILLS DEFICIENT.—The term 

7 ‘‘basic skills deficient’’ means, with respect to an in8 dividual— 

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

10 English reading, writing, or computing skills at 

11 or below the 8th grade level on a generally ac12 cepted standardized test; or 

13 (B) who is a youth or adult, that the indi14 vidual is unable to compute or solve problems, 

15 or read, write, or speak English at a level nec16 essary to function on the job, in the individual’s 

17 family, or in society. 

18 (5) CAREER AND TECHNICAL EDUCATION.—The 

19 term ‘‘career and technical education’’ has the 

20 meaning given the term ‘‘career and technical edu21 cation’’ in section 3 of the Carl D. Perkins Career 

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

23 2302). 

24 (6) CAREER PATHWAY.— 


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1 (A) IN GENERAL.—The term ‘‘career path2 way’’ means a set of rigorous, engaging, and 

3 high-quality education, training, and other serv4 ices to prepare individuals to meet a set of ca5 reer-related objectives as referenced in subpara6 graph (C). 

7 (B) SERVICES.—The services referred to in 

8 subparagraph (A) shall be— 

9 (i) aligned with the skill needs of in10 dustries in the State or regional economy 

11 involved; and 

12 (ii) designed to increase an individ13 ual’s educational and skill attainment, and 

14 improve the individual’s employment out15 comes and ability to meet career-related 

16 objectives, by— 

17 (I) preparing individuals for the 

18 full range of secondary or postsec19 ondary education options, including 

20 apprenticeships registered under the 

21 Act of August 16, 1937 (commonly 

22 known as the ‘‘National Apprentice23 ship Act’’; 50 Stat. 664, chapter 663; 

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1 dividually in this Act as an ‘‘appren2 ticeship’’, except in section 272); 

3 (II) including counseling to sup4 port individuals in achieving their 

5 education and career goals; 

6 (III) including, as appropriate for 

7 an individual, education offered con8 currently with and in the same con9 text as workforce preparation activi10 ties and training for a specific occupa11 tion or occupational cluster; and 

12 (IV) organizing education, train13 ing, and other services to meet the 

14 particular needs of the individual in a 

15 manner that accelerates the edu16 cational and career advancement of 

17 the individual to the extent prac18 ticable. 

19 (C) OBJECTIVES.—The objectives referred 

20 to in subparagraph (A) include— 

21 (i) enabling a worker to attain a sec22 ondary school diploma or its recognized 

23 equivalent, and at least 1 recognized post24 secondary credential; and 


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1 (ii) helping a worker enter or advance 

2 within a specific occupation or occupational 

3 cluster. 

4 (7) CAREER PLANNING.—The term ‘‘career 

5 planning’’ means the provision of a client-centered 

6 approach in the delivery of services, designed— 

7 (A) to prepare and coordinate comprehen8 sive employment plans, such as service strate9 gies, for participants to ensure access to nec10 essary workforce investment activities and sup11 portive services, using, where feasible, com12 puter-based technologies; and 

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

14 counseling, as appropriate during program par15 ticipation and after job placement. 

16 (8) CHIEF ELECTED OFFICIAL.—The term 

17 ‘‘chief elected official’’ means— 

18 (A) the chief elected executive officer of a 

19 unit of general local government in a local area; 

20 and 

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

22 more than 1 unit of general local government, 

23 the individuals designated under the agreement 

24 described in section 117(c)(1)(B). 


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1 (9) COMMUNITY-BASED ORGANIZATION.—The 

2 term ‘‘community-based organization’’ means a pri3 vate nonprofit organization (which may include a 

4 faith-based organization), that is representative of a 

5 community or a significant segment of a community 

6 and that has demonstrated expertise and effective7 ness in the field of workforce development. 

8 (10) COMPETITIVE INTEGRATED EMPLOY9 MENT.—The term ‘‘competitive integrated employ10 ment’’ has the meaning given the term in section 7 

11 of the Rehabilitation Act of 1973 (29 U.S.C. 705), 

12 for individuals with disabilities. 

13 (11) CORE PROGRAM.—The term ‘‘core pro14 grams’’ means a program authorized under a core 

15 program provision. 

16 (12) CORE PROGRAM PROVISION.—The term 

17 ‘‘core program provision’’ means— 

18 (A) chapter 2 and 3 of subtitle B of title 

19 II (relating to youth workforce investment ac20 tivities and adult and dislocated worker employ21 ment and training activities); 

22 (B) title III (relating to adult education 

23 and literacy activities); 


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1 (C) sections 1 through 13 of the Wagner2 Peyser Act (29 U.S.C. 49 et seq.) (relating to 

3 employment services); and 

4 (D) title I of the Rehabilitation Act of 

5 1973 (29 U.S.C. 720 et seq.), other than sec6 tion 112 or part C of that title (29 U.S.C. 732, 

7 741) (relating to vocational rehabilitation serv8 ices). 

9 (13) CUSTOMIZED TRAINING.—The term ‘‘cus10 tomized training’’ means training— 

11 (A) that is designed to meet the specific 

12 requirements of an employer (including a group 

13 of employers); 

14 (B) that is conducted with a commitment 

15 by the employer to employ an individual upon 

16 successful completion of the training; and 

17 (C) for which the employer pays— 

18 (i) a significant portion of the cost of 

19 training, as determined by the local board 

20 involved, taking into account the size of 

21 the employer and such other factors as the 

22 local board determines to be appropriate, 

23 which may include the number of employ24 ees participating in training, wage and 

25 benefit levels of those employees (at 


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1 present and anticipated upon completion of 

2 the training), relation of the training to 

3 the competitiveness of a participant, and 

4 other employer-provided training and ad5 vancement opportunities; and 

6 (ii) in the case of customized training 

7 (as defined in subparagraphs (A) and (B)) 

8 involving an employer located in multiple 

9 local areas in the State, a significant por10 tion of the cost of the training, as deter11 mined by the Governor of the State, taking 

12 into account the size of the employer and 

13 such other factors as the Governor deter14 mines to be appropriate. 

15 (14) DISLOCATED WORKER.—The term ‘‘dis16 located worker’’ means an individual who— 

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

18 who has received a notice of termination or lay19 off, from employment; 

20 (ii)(I) is eligible for or has exhausted enti21 tlement to unemployment compensation; or 

22 (II) has been employed for a duration suf23 ficient to demonstrate, to the appropriate entity 

24 at a one-stop center referred to in section 

25 221(e), attachment to the workforce, but is not 


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1 eligible for unemployment compensation due to 

2 insufficient earnings or having performed serv3 ices for an employer that were not covered 

4 under a State unemployment compensation law; 

5 and 

6 (iii) is unlikely to return to a previous in7 dustry or occupation; 

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

9 has received a notice of termination or layoff, 

10 from employment as a result of any permanent 

11 closure of, or any substantial layoff at, a plant, 

12 facility, or enterprise; 

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

14 employer has made a general announcement 

15 that such facility will close within 180 days; or 

16 (iii) for purposes of eligibility to receive 

17 services other than training services described 

18 in section 234(c)(4), intensive services described 

19 in section 234(c)(3), or supportive services, is 

20 employed at a facility at which the employer 

21 has made a general announcement that such fa22 cility will close; 

23 (C) was self-employed (including employ24 ment as a farmer, a rancher, or a fisherman) 

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1 nomic conditions in the community in which the 

2 individual resides or because of natural disas3 ters; 

4 (D) is a displaced homemaker; or 

5 (E)(i) is the spouse of a member of the 

6 Armed Forces on active duty (as defined in sec7 tion 101(d)(1) of title 10, United States Code), 

8 and who has experienced a loss of employment 

9 as a direct result of relocation to accommodate 

10 a permanent change in duty station of such 

11 member; or 

12 (ii) is the spouse of a member of the 

13 Armed Forces on active duty and who meets 

14 the criteria described in paragraph (15)(B). 

15 (15) DISPLACED HOMEMAKER.—The term ‘‘dis16 placed homemaker’’ means an individual who has 

17 been providing unpaid services to family members in 

18 the home and who— 

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

20 another family member but is no longer sup21 ported by that income; 

22 (ii) is the dependent spouse of a member 

23 of the Armed Forces on active duty (as defined 

24 in section 101(d)(1) of title 10, United States 

25 Code) and whose family income is significantly 


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1 reduced because of a deployment (as defined in 

2 section 991(b) of title 10, United States Code, 

3 or pursuant to paragraph (4) of such section), 

4 a call or order to active duty pursuant to a pro5 vision of law referred to in section 

6 101(a)(13)(B) of title 10, United States Code, 

7 a permanent change of station, or the service8 connected (as defined in section 101(16) of title 

9 38, United States Code) death or disability of 

10 the member; or 

11 (iii) is a parent whose youngest dependent 

12 child will become ineligible to receive assistance 

13 under part A of title IV of the Social Security 

14 Act (42 U.S.C. 601 et seq.) not later than 2 

15 years after the date on which the parent applies 

16 for assistance under such title; and 

17 (B) is unemployed or underemployed and 

18 is experiencing difficulty in obtaining or up19 grading employment. 

20 (16) ECONOMIC DEVELOPMENT AGENCY.—The 

21 term ‘‘economic development agency’’ includes a 

22 local planning or zoning commission or board, a 

23 community development agency, and another local 

24 agency or institution responsible for regulating, pro25 moting, or assisting in local economic development. 


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1 (17) ECONOMIC SELF-SUFFICIENCY.—The term 

2 ‘‘economic self-sufficiency’’ means economic self-suf3 ficiency within the meaning of subsections 

4 (a)(3)(A)(xii) and (d)(1)(A)(xii) of section 234. 

5 (18) ELIGIBLE YOUTH.—Except as provided in 

6 subtitles C and D of title II, the term ‘‘eligible 

7 youth’’ means an in-school or out-of-school youth. 

8 (19) EMPLOYMENT AND TRAINING ACTIVITY.— 

9 The term ‘‘employment and training activity’’ means 

10 an activity described in section 234 that is carried 

11 out for an adult or dislocated worker. 

12 (20) ENGLISH LANGUAGE ACQUISITION PRO13 GRAM.—The term ‘‘English language acquisition 

14 program’’ has the meaning given the term in section 

15 303. 

16 (21) ENGLISH LANGUAGE LEARNER.—The term 

17 ‘‘English language learner’’ has the meaning given 

18 the term in section 303. 

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

20 the chief executive of a State or an outlying area. 

21 (23) IN-DEMAND INDUSTRY SECTOR OR OCCU22 PATION.— 

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

24 industry sector or occupation’’ means— 


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1 (i) an industry sector that has a sub2 stantial current or potential impact (in3 cluding through jobs that lead to economic 

4 self-sufficiency and opportunities for ad5 vancement) on the State, regional, or local 

6 economy, as appropriate, and that contrib7 utes to the growth or stability of other 

8 supporting businesses, or the growth of 

9 other industry sectors; or 

10 (ii) an occupation that currently has 

11 or is projected to have a number of posi12 tions (including positions that lead to eco13 nomic self-sufficiency and opportunities for 

14 advancement) in an industry sector so as 

15 to have a significant impact on the State, 

16 regional, or local economy, as appropriate. 

17 (B) DETERMINATION.—The determination 

18 of whether an industry sector or occupation is 

19 in-demand under this paragraph shall be made 

20 by the State board or local board, as appro21 priate, using State and regional business and 

22 labor market projections, including the use of 

23 labor market information. 

24 (24) INDIVIDUAL WITH A BARRIER TO EMPLOY25 MENT.—The term ‘‘individual with a barrier to emVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ployment’’ means a member of 1 or more of the fol2 lowing populations: 

3 (A) Displaced homemakers. 

4 (B) Low-income individuals. 

5 (C) Indians, Alaska Natives, and Native 

6 Hawaiians as defined in section 266. 

7 (D) Individuals with disabilities, including 

8 youth who are individuals with disabilities. 

9 (E) Older individuals. 

10 (F) Ex-offenders. 

11 (G) Homeless individuals (as defined in 

12 section 41403(6) of the Violence Against 

13 Women Act of 1994 (42 U.S.C. 14043e–2(6)), 

14 except that clauses (i)(IV) and (iii) of subpara15 graph (B) of such section shall not apply), or 

16 homeless children and youths (as defined in sec17 tion 725(2) of the McKinney-Vento Homeless 

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

19 that subparagraph (B)(iv) of such section shall 

20 not apply). 

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

22 the foster care system. 

23 (I) Individuals who are English language 

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1 eracy, and individuals facing substantial cul2 tural barriers. 

3 (J) Eligible migrant and seasonal farm4 workers, as defined in section 267(i). 

5 (K) Individuals within 2 years of exhaust6 ing lifetime eligibility under part A of title IV 

7 of the Social Security Act (42 U.S.C. 601 et 

8 seq.). 

9 (L) Single parents (including single preg10 nant women). 

11 (M) Such other groups as the Governor in12 volved determines to have barriers to employ13 ment. 

14 (25) INDIVIDUAL WITH A DISABILITY.— 

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

16 with a disability’’ means an individual with a 

17 disability as defined in section 3 of the Ameri18 cans with Disabilities Act of 1990 (42 U.S.C. 

19 12102). 

20 (B) INDIVIDUALS WITH DISABILITIES.— 

21 The term ‘‘individuals with disabilities’’ means 

22 more than 1 individual with a disability. 

23 (26) INDUSTRY OR SECTOR PARTNERSHIP.— 

24 The term ‘‘industry or sector partnership’’ means a 

25 workforce collaborative, convened by or acting in 


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1 partnership with a State board or local board, 

2 that— 

3 (A) organizes key stakeholders in an indus4 try cluster into a working group that focuses on 

5 the shared goals and human resources needs of 

6 the industry cluster and that includes, at the 

7 appropriate stage of development of the part8 nership— 

9 (i) representatives of multiple busi10 nesses or other employers in the industry 

11 cluster, including small and medium-sized 

12 employers when practicable; 

13 (ii) 1 or more representatives of a rec14 ognized State labor organization or central 

15 labor council, or another labor representa16 tive, as appropriate; and 

17 (iii) 1 or more representatives of an 

18 institution of higher education with, or an19 other provider of, education or training 

20 programs that support the industry clus21 ter; and 

22 (B) may include representatives of— 

23 (i) State or local government; 

24 (ii) State or local economic develop25 ment agencies; 


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1 (iii) State boards or local boards, as 

2 appropriate; 

3 (iv) a State workforce agency or other 

4 entity providing employment services; 

5 (v) other State or local agencies; 

6 (vi) business or trade associations; 

7 (vii) economic development organiza8 tions; 

9 (viii) nonprofit organizations, commu10 nity-based organizations, or intermediaries; 

11 (ix) philanthropic organizations; 

12 (x) industry associations; and 

13 (xi) other organizations, as deter14 mined to be necessary by the members 

15 comprising the industry or sector partner16 ship. 

17 (27) IN-SCHOOL YOUTH.—The term ‘‘in-school 

18 youth’’ means a youth described in section 

19 229(a)(1)(C). 

20 (28) INSTITUTION OF HIGHER EDUCATION.— 

21 The term ‘‘institution of higher education’’ has the 

22 meaning given the term in section 101, and subpara23 graphs (A) and (B) of section 102(a)(1), of the 

24 Higher Education Act of 1965 (20 U.S.C. 1001, 

25 1002(a)(1)). 


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1 (29) INTEGRATED EDUCATION AND TRAIN2 ING.—The term ‘‘integrated education and training’’ 

3 has the meaning given the term in section 303. 

4 (30) LABOR MARKET AREA.—The term ‘‘labor 

5 market area’’ means an economically integrated geo6 graphic area within which individuals can reside and 

7 find employment within a reasonable distance or can 

8 readily change employment without changing their 

9 place of residence. Such an area shall be identified 

10 in accordance with criteria used by the Bureau of 

11 Labor Statistics of the Department of Labor in de12 fining such areas or similar criteria established by a 

13 Governor. 

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

15 meaning given the term in section 303. 

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

17 means a local workforce investment area designated 

18 under section 116, subject to sections 

19 116(c)(1)(A)(v), 117(c)(4)(B)(i), and 289(i). 

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

21 means a local workforce development board estab22 lished under section 117, subject to section 

23 117(c)(4)(B)(i). 

24 (34) LOCAL EDUCATIONAL AGENCY.—The term 

25 ‘‘local educational agency’’ has the meaning given 


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1 the term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801). 

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

4 means a plan submitted under section 118, subject 

5 to section 116(c)(1)(A)(v). 

6 (36) LOW-INCOME INDIVIDUAL.—The term 

7 ‘‘low-income individual’’ means an individual who— 

8 (A) receives, or in the past 6 months has 

9 received, or is a member of a family that is re10 ceiving or in the past 6 months has received, 

11 assistance through the supplemental nutrition 

12 assistance program established under the Food 

13 and Nutrition Act of 2008 (7 U.S.C. 2011 et 

14 seq.), the program of block grants to States for 

15 temporary assistance for needy families pro16 gram under part A of title IV of the Social Se17 curity Act (42 U.S.C. 601 et seq.), or the sup18 plemental security income program established 

19 under title XVI of the Social Security Act (42 

20 U.S.C. 1381 et seq.), or State or local income21 based public assistance; 

22 (B) is in a family with gross income below 

23 150 percent of the poverty line; 

24 (C) is a homeless individual (as defined in 

25 section 41403(6) of the Violence Against 


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1 Women Act of 1994 (42 U.S.C. 14043e–2(6)), 

2 except that clauses (i)(IV) and (iii) of subpara3 graph (B) of such section shall not apply), or 

4 a homeless child or youth (as defined under sec5 tion 725(2) of the McKinney-Vento Homeless 

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

7 that subparagraph (B)(iv) of such section shall 

8 not apply); 

9 (D) receives or is eligible to receive a free 

10 or reduced price lunch under the Richard B. 

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

12 1751 et seq.); 

13 (E) is a foster child on behalf of whom 

14 State or local government payments are made; 

15 or 

16 (F) is an individual with a disability whose 

17 own income meets the income requirement of 

18 subparagraph (B), but who is a member of a 

19 family whose income does not meet this require20 ment. 

21 (37) NONTRADITIONAL EMPLOYMENT.—The 

22 term ‘‘nontraditional employment’’ refers to occupa23 tions or fields of work, for which individuals from 

24 the gender involved comprise less than 25 percent of 


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1 the individuals employed in each such occupation or 

2 field of work. 

3 (38) OFFENDER.—The term ‘‘offender’’ means 

4 an adult or juvenile— 

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

6 of the criminal justice process, and for whom 

7 services under this Act may be beneficial; or 

8 (B) who requires assistance in overcoming 

9 artificial barriers to employment resulting from 

10 a record of arrest or conviction. 

11 (39) OLDER INDIVIDUAL.—The term ‘‘older in12 dividual’’ means an individual age 55 or older. 

13 (40) ONE-STOP CENTER.—The term ‘‘one-stop 

14 center’’ means a center described in section 

15 221(e)(2). 

16 (41) ONE-STOP OPERATOR.—The term ‘‘one17 stop operator’’ means 1 or more entities designated 

18 or certified under section 221(d). 

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

20 partner’’ means— 

21 (A) an entity described in section 

22 221(b)(1); and 

23 (B) an entity described in section 

24 221(b)(2) that is participating, with the ap25 proval of the local board and chief elected offiVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cial, in the operation of a one-stop delivery sys2 tem. 

3 (43) ONE-STOP PARTNER PROGRAM.—The term 

4 ‘‘one-stop partner program’’ means a program or ac5 tivities described in section 221(b) of a one-stop 

6 partner. 

7 (44) ON-THE-JOB TRAINING.—The term ‘‘on8 the-job training’’ means training by an employer 

9 that is provided to a paid participant while engaged 

10 in productive work in a job that— 

11 (A) provides knowledge or skills essential 

12 to the full and adequate performance of the job; 

13 (B) is made available through a program 

14 that provides reimbursement to the employer of 

15 up to 50 percent of the wage rate of the partici16 pant, except as provided in section 

17 234(c)(4)(H), for the extraordinary costs of 

18 providing the training and additional super19 vision related to the training; and 

20 (C) is limited in duration as appropriate to 

21 the occupation for which the participant is 

22 being trained, taking into account the content 

23 of the training, the prior work experience of the 

24 participant, and the service strategy of the par25 ticipant, as appropriate. 


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1 (45) OUTLYING AREA.—The term ‘‘outlying 

2 area’’ means— 

3 (A) American Samoa, Guam, the Common4 wealth of the Northern Mariana Islands, the 

5 United States Virgin Islands; and 

6 (B) the Republic of Palau, except during 

7 any period for which the Secretary of Labor 

8 and the Secretary of Education determine that 

9 a Compact of Free Association is in effect and 

10 contains provisions for training and education 

11 assistance prohibiting the assistance provided 

12 under this Act. 

13 (46) OUT-OF-SCHOOL YOUTH.—The term ‘‘out14 of-school youth’’ means a youth described in section 

15 229(a)(1)(B). 

16 (47) PLANNING REGION.—The term ‘‘planning 

17 region’’ means a planning region as described in sec18 tion 116(c)(1)(A)(ii)(II). 

19 (48) POVERTY LINE.—The term ‘‘poverty line’’ 

20 means the poverty line (as defined by the Office of 

21 Management and Budget, and revised annually in 

22 accordance with section 673(2) of the Community 

23 Services Block Grant Act (42 U.S.C. 9902(2))) ap24 plicable to a family of the size involved. 


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1 (49) PUBLIC ASSISTANCE.—The term ‘‘public 

2 assistance’’ means Federal, State, or local govern3 ment cash payments for which eligibility is deter4 mined by a needs or income test. 

5 (50) RAPID RESPONSE ACTIVITY.—The term 

6 ‘‘rapid response activity’’ means an activity provided 

7 by a State, or by an entity designated by a State, 

8 with funds provided by the State under section 

9 234(a)(1)(A), in the case of a permanent closure or 

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

11 natural or other disaster, that results in mass job 

12 dislocation, in order to assist dislocated workers in 

13 obtaining reemployment as soon as possible, with 

14 services including— 

15 (A) the establishment of onsite contact 

16 with employers and employee representatives— 

17 (i) immediately after the State is noti18 fied of a current or projected permanent 

19 closure or mass layoff; or 

20 (ii) in the case of a disaster, imme21 diately after the State is made aware of 

22 mass job dislocation as a result of such 

23 disaster; 


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1 (B) the provision of information on and ac2 cess to available employment and training ac3 tivities; 

4 (C) assistance in establishing a labor-man5 agement committee, voluntarily agreed to by 

6 labor and management, with the ability to de7 vise and implement a strategy for assessing the 

8 employment and training needs of dislocated 

9 workers and obtaining services to meet such 

10 needs; 

11 (D) the provision of emergency assistance 

12 adapted to the particular closure, layoff, or dis13 aster; and 

14 (E) the provision of assistance to the local 

15 community in developing a coordinated response 

16 and in obtaining access to State economic devel17 opment assistance. 

18 (51) RECOGNIZED POSTSECONDARY CREDEN19 TIAL.—The term ‘‘recognized postsecondary creden20 tial’’ means a credential consisting of an industry21 recognized certificate or certification, a certificate of 

22 completion of an apprenticeship, a license recognized 

23 by the State involved or Federal Government, or an 

24 associate or baccalaureate degree. 


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1 (52) REGION.—The term ‘‘region’’, used with2 out further description, means a region identified 

3 under section 116(c), subject to section 

4 117(a)(4)(B)(i). 

5 (53) SCHOOL DROPOUT.—The term ‘‘school 

6 dropout’’ means an individual who is no longer at7 tending any school and who has not received a sec8 ondary school diploma or its recognized equivalent. 

9 (54) SECONDARY SCHOOL.—The term ‘‘sec10 ondary school’’ has the meaning given the term in 

11 section 9101 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 7801). 

13 (55) STATE.—The term ‘‘State’’ means each of 

14 the several States of the United States, the District 

15 of Columbia, and the Commonwealth of Puerto Rico. 

16 (56) STATE BOARD.—The term ‘‘State board’’ 

17 means a State workforce development board estab18 lished under section 111. 

19 (57) STATE PLAN.—The term ‘‘State plan’’, 

20 used without further description, means a unified 

21 plan under section 112 or a combined plan under 

22 section 113. 

23 (58) SUPPORTIVE SERVICES.—The term ‘‘sup24 portive services’’ means services such as transpor25 tation, child care, dependent care, housing, and 


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1 needs-related payments, that are necessary to enable 

2 an individual to participate in activities authorized 

3 under this Act. 

4 (59) TRAINING SERVICES.—The term ‘‘training 

5 services’’ means services described in section 

6 234(c)(4). 

7 (60) UNEMPLOYED INDIVIDUAL.—The term 

8 ‘‘unemployed individual’’ means an individual who is 

9 without a job and who wants and is available for 

10 work. The determination of whether an individual is 

11 without a job, for purposes of this paragraph, shall 

12 be made in accordance with the criteria used by the 

13 Bureau of Labor Statistics of the Department of 

14 Labor in defining individuals as unemployed. 

15 (61) UNIT OF GENERAL LOCAL GOVERN16 MENT.—The term ‘‘unit of general local govern17 ment’’ means any general purpose political subdivi18 sion of a State that has the power to levy taxes and 

19 spend funds, as well as general corporate and police 

20 powers. 

21 (62) VETERAN; RELATED DEFINITION.— 

22 (A) VETERAN.—The term ‘‘veteran’’ has 

23 the meaning given the term in section 101 of 

24 title 38, United States Code. 


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1 (B) RECENTLY SEPARATED VETERAN.— 

2 The term ‘‘recently separated veteran’’ means 

3 any veteran who applies for participation under 

4 this Act within 48 months after the discharge 

5 or release from active military, naval, or air 

6 service. 

7 (63) VOCATIONAL REHABILITATION PRO8 GRAM.—The term ‘‘vocational rehabilitation pro9 gram’’ means a program authorized under a provi10 sion described in paragraph (12)(D). 

11 (64) WORKFORCE DEVELOPMENT ACTIVITY.— 

12 The term ‘‘workforce development activity’’ means 

13 an activity carried out through a workforce develop14 ment program. 

15 (65) WORKFORCE DEVELOPMENT PROGRAM.— 

16 The term ‘‘workforce development program’’ means 

17 a program made available through a workforce de18 velopment system. 

19 (66) WORKFORCE DEVELOPMENT SYSTEM.— 

20 The term ‘‘workforce development system’’ means a 

21 system that makes available the core programs, the 

22 other one-stop partner programs, and any other pro23 grams providing employment and training services 

24 as identified by a State board or local board. 


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1 (67) WORKFORCE INVESTMENT ACTIVITY.—The 

2 term ‘‘workforce investment activity’’ means an em3 ployment and training activity, and a youth work4 force investment activity. 

5 (68) WORKFORCE PREPARATION ACTIVITIES.— 

6 The term ‘‘workforce preparation activities’’ has the 

7 meaning given the term in section 303. 

8 (69) WORKPLACE LEARNING ADVISOR.—The 

9 term ‘‘workplace learning advisor’’ means an indi10 vidual employed by an organization who has the 

11 knowledge and skills necessary to advise other em12 ployees of that organization about the education, 

13 skill development, job training, career counseling 

14 services, and credentials, including services provided 

15 through the workforce development system, required 

16 to progress toward career goals of such employees in 

17 order to meet employer requirements related to job 

18 openings and career advancements that support eco19 nomic self-sufficiency. 

20 (70) YOUTH WORKFORCE INVESTMENT ACTIV21 ITY.—The term ‘‘youth workforce investment activ22 ity’’ means an activity described in section 229 that 

23 is carried out for eligible youth (or as described in 

24 section 229(a)(3)(A)). 


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1 Subtitle A—Workforce Boards and 

2 Plans 

3 CHAPTER 1—STATE PROVISIONS 

4 SEC. 111. STATE WORKFORCE DEVELOPMENT BOARDS. 

5 (a) IN GENERAL.—The Governor of a State shall es6 tablish a State workforce development board to carry out 

7 the functions described in subsection (d). 

8 (b) MEMBERSHIP.— 

9 (1) IN GENERAL.—The State board shall in10 clude— 

11 (A) the Governor; 

12 (B) 2 members of each chamber of the 

13 State legislature (to the extent consistent with 

14 State law), appointed by the appropriate pre15 siding officers of such chamber; and 

16 (C) members appointed by the Governor, 

17 of which— 

18 (i) a majority shall be representatives 

19 of businesses in the State, who— 

20 (I) are owners of businesses, 

21 chief executives or operating officers 

22 of businesses, or other business execu23 tives or employers with optimum pol24 icymaking or hiring authority, and 

25 who, in addition, may be members of 


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1 a local board described in section 

2 117(b)(2)(A)(i); 

3 (II) represent businesses (includ4 ing small businesses), or organizations 

5 representing businesses described in 

6 this subclause, that provide employ7 ment opportunities that, at a min8 imum, will provide clear and acces9 sible career pathways, and include 

10 high-quality, work-relevant training 

11 and development in in-demand indus12 try sectors or occupations in the 

13 State; and 

14 (III) are appointed from among 

15 individuals nominated by State busi16 ness organizations and business trade 

17 associations; 

18 (ii) not less than 20 percent shall be 

19 representatives of the workforce within the 

20 State, who— 

21 (I) shall include representatives 

22 of labor organizations, who have been 

23 nominated by State labor federations; 

24 (II) may include representatives 

25 of community-based organizations 


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1 that have demonstrated experience 

2 and expertise in addressing the em3 ployment, training, or education needs 

4 of individuals with barriers to employ5 ment, including organizations that 

6 serve veterans or that provide or sup7 port competitive, integrated employ8 ment for individuals with disabilities; 

9 and 

10 (III) may include representatives 

11 of organizations that have dem12 onstrated experience and expertise in 

13 addressing the employment, training 

14 or education needs of eligible youth, 

15 including representatives of organiza16 tions that serve out-of-school youth; 

17 and 

18 (iii) the balance— 

19 (I) shall include representatives 

20 of government, who— 

21 (aa) shall include the lead 

22 State officials with primary re23 sponsibility for the core pro24 grams; and 


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1 (bb) shall include chief elect2 ed officials (collectively rep3 resenting both cities and coun4 ties, where appropriate); 

5 (II) shall include a representa6 tive, either an employer, a member of 

7 a labor organization, or a staff direc8 tor, from a joint labor-management 

9 apprenticeship program, or if no such 

10 joint program exists in the State, a 

11 representative of an apprenticeship 

12 program in the State; and 

13 (III) may include such other rep14 resentatives and officials as the Gov15 ernor may designate, such as the 

16 State agency officials from agencies 

17 that are one-stop partners not speci18 fied in subclause (I) (including addi19 tional one-stop partners whose pro20 grams are covered by the State plan, 

21 if any), and State agency officials re22 sponsible for economic development or 

23 juvenile justice programs in the State, 

24 individuals who represent an Indian 

25 tribe or tribal organization, as such 


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1 terms are defined in section 266(b), 

2 and State agency officials responsible 

3 for education programs in the State, 

4 including chief executive officers of 

5 community colleges and other institu6 tions of higher education. 

7 (2) DIVERSE AND DISTINCT REPRESENTA8 TION.—The members of the State board shall rep9 resent diverse geographic areas of the State, includ10 ing urban, rural, and suburban areas. 

11 (3) NO REPRESENTATION OF MULTIPLE CAT12 EGORIES.—No person shall serve as a member for 

13 more than 1 of— 

14 (A) the category described in paragraph 

15 (1)(C)(i); or 

16 (B) 1 category described in a subclause of 

17 clause (ii) or (iii) of paragraph (1)(C). 

18 (c) CHAIRPERSON.—The Governor shall select a 

19 chairperson for the State board from among the represent20 atives described in subsection (b)(1)(C)(i). 

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

22 Governor in— 

23 (1) the development, implementation, and modi24 fication of the State plan, including the periodic asVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 sessment and development of recommendations re2 garding the implementation of the State plan; 

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

4 statewide policies and programs and development of 

5 recommendations on actions that should be taken by 

6 the State to align core programs and other programs 

7 in the State in a manner that supports a comprehen8 sive State workforce development system that will 

9 result in meeting the workforce needs of the State, 

10 its regions, and its local areas; 

11 (3) the review of and provision of comments on 

12 the State plans, if any, for activities and programs 

13 of one-stop partners that are not core programs, in 

14 order to provide strategic leadership and to align to 

15 the extent practicable such non-core programs with 

16 the core programs, and with the strategy described 

17 in the State plan under section 112 or 113; 

18 (4) the development of guidance for the imple19 mentation and continuous improvement of a work20 force development system within the State that in21 cludes guidance on— 

22 (A) the identification of and means for re23 moving barriers to coordination of, alignment 

24 of, and nonduplication among the programs and 

25 activities carried out through the system; 


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1 (B) the development of career pathways by 

2 using workforce development programs aligned 

3 for the purpose of providing individuals, includ4 ing low-skilled adults and youth, with the em5 ployment, training, education, and supportive 

6 services the individuals need to attain the nec7 essary credentials to secure and advance in em8 ployment; 

9 (C) the development and expansion of 

10 strategies for meeting the needs of workers and 

11 jobseekers, and employers, including industry or 

12 sector partnership initiatives relating to in-de13 mand industry sectors and occupations; 

14 (D) coordinating planning between the 

15 local boards and State entities carrying out rel16 evant State-administered programs; 

17 (E) the identification of regions, including 

18 planning regions, for the purposes of section 

19 116(c), after consultation with local boards and 

20 chief elected officials; 

21 (F) the provision of technical assistance to 

22 local boards, one-stop partners, one-stop opera23 tors, and providers, as appropriate, in local 

24 areas concerning planning and delivering serv25 ices; 


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1 (G) strategies to support staff training and 

2 awareness across programs supported under 

3 workforce development systems in local areas; 

4 and 

5 (H) the design and implementation of in6 take and case management information systems 

7 (including common intake, case management, 

8 performance tracking, and reporting systems), 

9 and how local input will be incorporated into 

10 such design and implementation, to improve co11 ordination of services across workforce develop12 ment programs; 

13 (5) the development and update of comprehen14 sive State performance accountability measures, in15 cluding State adjusted levels of performance, to as16 sess the effectiveness of the core programs in the 

17 State as required under subtitle B; 

18 (6) the identification and dissemination of in19 formation on best practices, including best practices 

20 for— 

21 (A) the effective operation of one-stop cen22 ters, relating to the use of business outreach, 

23 partnerships, and service delivery strategies (in24 cluding strategies for effectively serving individ25 uals with barriers to employment), and other 


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•S 1356 IS

1 practices relevant to workforce development; 

2 and 

3 (B) the development of effective local 

4 boards, which may include information on those 

5 factors that contribute to enabling local boards 

6 to exceed negotiated levels of performance, sus7 tain fiscal integrity, and achieve other measures 

8 of effectiveness; 

9 (7) the development and review of statewide 

10 policies affecting the coordinated provision of serv11 ices through the State’s one-stop delivery system de12 scribed in section 221(e), including— 

13 (A) the development of objective criteria 

14 and procedures for use by local boards in as15 sessing the effectiveness and continuous im16 provement of one-stop centers described in such 

17 section; 

18 (B) the development of guidance for the al19 location of one-stop center infrastructure funds 

20 under section 221(h); 

21 (C) the development of— 

22 (i) statewide policies relating to the 

23 appropriate roles and contributions of enti24 ties carrying out one-stop partner pro25 grams within the one-stop delivery system, 


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•S 1356 IS

1 including approaches to facilitating equi2 table and efficient cost allocation in the 

3 one-stop delivery system; 

4 (ii) strategies for providing effective 

5 outreach to and improved access for indi6 viduals and employers who could benefit 

7 from services provided through the one8 stop delivery system; 

9 (iii) strategies for technological im10 provements to facilitate access to, and im11 prove the quality of, services provided 

12 through the one-stop delivery system (in13 cluding access for individuals with disabil14 ities and individuals residing in remote 

15 areas), which strategies may be utilized 

16 throughout the State; and 

17 (iv) strategies for aligning technology 

18 and data systems across one-stop partner 

19 programs, to enhance service delivery and 

20 improve efficiencies in reporting on per21 formance accountability measures; and 

22 (D) the development of such other policies 

23 as may promote statewide objectives for, and 

24 enhance the performance of, the one-stop deliv25 ery system; 


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1 (8) the development of allocation formulas for 

2 the distribution of funds for employment and train3 ing activities for adults, and youth workforce invest4 ment activities, to local areas as permitted under 

5 sections 228(b)(3) and 233(b)(3); 

6 (9) the preparation of the annual reports de7 scribed in paragraphs (1) and (2) of section 131(d); 

8 and 

9 (10) the development of the statewide workforce 

10 and labor market information system described in 

11 section 15(e) of the Wagner-Peyser Act (29 U.S.C. 

12 49l–2(e)). 

13 (e) ALTERNATIVE ENTITY.— 

14 (1) IN GENERAL.—For the purposes of com15 plying with subsections (a), (b), and (c), a State 

16 may use any State entity (including a State council, 

17 State workforce development board (within the 

18 meaning of the Workforce Investment Act of 1998), 

19 combination of regional workforce development 

20 boards, or similar entity) that— 

21 (A) was in existence on the day before the 

22 date of enactment of the Workforce Investment 

23 Act of 1998; 


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•S 1356 IS

1 (B) is substantially similar to the State 

2 board described in subsections (a) through (c); 

3 and 

4 (C) includes representatives of business in 

5 the State and representatives of labor organiza6 tions in the State. 

7 (2) REFERENCES.—A reference in this Act, or 

8 a core program provision that is not in this Act, to 

9 a State board shall be considered to include such an 

10 entity. 

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

12 board may not— 

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

14 State board— 

15 (A) regarding the provision of services by 

16 such member (or by an entity that such mem17 ber represents); or 

18 (B) that would provide direct financial 

19 benefit to such member or the immediate family 

20 of such member; or 

21 (2) engage in any other activity determined by 

22 the Governor to constitute a conflict of interest as 

23 specified in the State plan. 

24 (g) SUNSHINE PROVISION.—The State board shall 

25 make available to the public, on a regular basis through 


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1 open meetings, information regarding the activities of the 

2 State board, including information regarding the State 

3 plan, or a modification to the State plan, prior to submis4 sion of the plan or modification of the plan, respectively, 

5 information regarding membership, and, on request, min6 utes of formal meetings of the State board. 

7 (h) AUTHORITY TO HIRE STAFF.— 

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

9 director and other staff to assist in carrying out the 

10 functions described in subsection (d) using funds 

11 available as described in section 229(b)(2) or 

12 234(a)(3)(B)(i). 

13 (2) LIMITATION ON RATE.—The director and 

14 staff described in paragraph (1) shall be subject to 

15 the limitations on the payment of salary and bo16 nuses described in section 294(15). 

17 SEC. 112. UNIFIED STATE PLAN. 

18 (a) PLAN.—For a State to be eligible to receive allot19 ments for the core programs, the Governor shall submit 

20 to the Secretary of Labor and the Secretary of Education 

21 for consideration by the Secretaries, a unified State plan. 

22 The unified State plan shall outline a 4-year strategy for 

23 the core programs of the State and meet the requirements 

24 of this section. 

25 (b) CONTENTS.— 


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1 (1) STRATEGIC PLANNING ELEMENTS.—The 

2 unified State plan shall include strategic planning 

3 elements consisting of— 

4 (A) an analysis of the economic conditions 

5 in the State, including— 

6 (i) existing and emerging in-demand 

7 industry sectors and occupations; and 

8 (ii) the employment needs of employ9 ers in those industries and occupations; 

10 (B) an analysis of the knowledge and skills 

11 needed to meet the employment needs of the 

12 employers in the State, including employment 

13 needs in in-demand industry sectors and occu14 pations; 

15 (C) an analysis of the workforce in the 

16 State, including current labor force employment 

17 and unemployment data, and information on 

18 labor market trends, and the educational and 

19 skill levels of the workforce, including individ20 uals with barriers to employment (including in21 dividuals with disabilities); 

22 (D) an analysis of the workforce develop23 ment activities (including education and train24 ing) in the State, including an analysis of the 

25 strengths and weaknesses of such services, and 


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1 the capacity of State entities to provide such 

2 services, in order to address the identified edu3 cation and skill needs of the workforce and the 

4 employment needs of employers in the State; 

5 (E) a description of the State’s strategic 

6 vision and goals for preparing an educated and 

7 skilled workforce (including preparing youth 

8 and individuals with barriers to employment) 

9 and for meeting the skilled workforce needs of 

10 employers, including goals relating to perform11 ance accountability measures based on primary 

12 indicators of performance described in section 

13 131(b)(2)(A), in order to support economic 

14 growth and economic self-sufficiency; and 

15 (F) taking into account analyses described 

16 in subparagraphs (A) through (D), a strategy 

17 for aligning the core programs, as well as other 

18 resources available to the State, to achieve the 

19 strategic vision and goals described in subpara20 graph (E). 

21 (2) OPERATIONAL PLANNING ELEMENTS.— 

22 (A) IN GENERAL.—The unified State plan 

23 shall include the operational planning elements 

24 contained in this paragraph, which shall sup25 port the strategy described in paragraph (1)(F). 


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1 (B) IMPLEMENTATION OF STATE STRAT2 EGY.—The unified State plan shall describe 

3 how the lead State agency with responsibility 

4 for the administration of a core program will 

5 implement the strategy described in paragraph 

6 (1)(F), including a description of— 

7 (i) the activities that will be funded by 

8 the entities carrying out the respective pro9 grams to implement the strategy and how 

10 such activities will be aligned across the 

11 programs and among the entities admin12 istering the programs; 

13 (ii) how the activities described in 

14 clause (i) will be aligned with activities 

15 provided under employment, training, edu16 cation, including career and technical edu17 cation, and human services programs not 

18 covered by the plan, as appropriate, to as19 sist in implementing the strategy, includ20 ing coordinating intake, eligibility deter21 minations, and assessment activities; 

22 (iii)(I) how the entities carrying out 

23 the respective core programs will coordi24 nate activities to provide comprehensive, 

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1 ing using co-enrollment and other strate2 gies; 

3 (II) how the entities carrying out the 

4 programs under title II or under the Wag5 ner-Peyser Act (29 U.S.C. 49 et seq.) will 

6 provide employment-related services or 

7 training-related services to individuals re8 ceiving education services under title III or 

9 vocational rehabilitation services under 

10 title I of the Rehabilitation Act of 1973 

11 (29 U.S.C. 720 et seq.), other than section 

12 112 or part C of that title (29 U.S.C. 732, 

13 741), and how the entities carrying out 

14 adult education and literacy activities 

15 under title III or programs of such voca16 tional rehabilitation services will provide 

17 education services or vocational rehabilita18 tion services to individuals receiving em19 ployment-related services or training-re20 lated services under title II or under the 

21 Wagner-Peyser Act; and 

22 (III) how the entities carrying out 

23 programs serving youth under title II will 

24 carry out the programs in collaboration 

25 with entities carrying out activities under 


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1 title III and entities carrying out programs 

2 of such vocational rehabilitation services; 

3 (iv) how the entities carrying out the 

4 respective programs will develop and imple5 ment career pathways and education (of6 fered concurrently with and in the same 

7 context as workforce preparation activities 

8 and training for a specific occupation or 

9 occupational cluster), including how such 

10 pathways and education will be made avail11 able to individuals with disabilities; 

12 (v) how the State’s strategy will en13 gage the State’s community colleges and 

14 area career and technical education schools 

15 as partners in the workforce development 

16 system and enable the State to leverage 

17 other Federal, State, and local investments 

18 that have enhanced capacity and access to 

19 workforce development programs at those 

20 institutions; 

21 (vi) how the entities carrying out the 

22 respective programs will strengthen the 

23 provision of support services through co24 ordination of activities with Federal, State, 

25 and local providers of such services, in 


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1 order to facilitate increased participation 

2 and persistence of individuals in employ3 ment, education, and training programs; 

4 (vii) how technology will be used, 

5 through distance education and other 

6 methods, by entities carrying out the re7 spective programs to provide education and 

8 training activities, activities to enhance 

9 digital literacy skills (as defined in section 

10 202 of the Museum and Library Services 

11 Act (20 U.S.C. 9101); referred to in this 

12 Act as ‘‘digital literacy skills’’) and accel13 erate the acquisition of skills and recog14 nized postsecondary credentials by partici15 pants, and activities to strengthen the pro16 fessional development of providers and 

17 workforce professionals, and how the enti18 ties will ensure such technology is acces19 sible to individuals with disabilities; 

20 (viii) the methods used for joint plan21 ning and coordination of the core pro22 grams; 

23 (ix) how the State will assess the over24 all effectiveness of the workforce invest25 ment system in the State; and 


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1 (x) how the activities described in 

2 clause (i) will be coordinated with economic 

3 development strategies and activities in the 

4 State. 

5 (C) STATE OPERATING SYSTEMS AND

6 POLICIES.—The unified State plan shall de7 scribe the State operating systems and policies 

8 that will support the implementation of the 

9 strategy described in paragraph (1)(F), includ10 ing a description of— 

11 (i) State actions to assist local boards, 

12 one-stop partners, and one-stop operators, 

13 as appropriate, in local areas, in devel14 oping, refining, changing, or otherwise im15 plementing the one-stop delivery system in 

16 those areas, including assisting with train17 ing and establishing qualifications for one18 stop delivery system staff and members of 

19 local boards, and how such actions will en20 sure effective delivery of services to work21 ers, jobseekers, and employers; 

22 (ii) the State board, including the ac23 tivities conducted to train and develop 

24 members of the State board and the staff 

25 of such board to carry out the functions of 


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1 the State board effectively (but funds for 

2 such activities may not be used for long3 distance travel expenses for training or de4 velopment activities available locally or re5 gionally); 

6 (iii) the common data collection and 

7 reporting processes used for the one-stop 

8 partner programs in the system; 

9 (iv)(I) how the respective core pro10 grams will be assessed each year, including 

11 an assessment of the quality, effectiveness, 

12 and improvement of programs (analyzed by 

13 local area, or by provider), based on State 

14 performance accountability measures de15 scribed in section 131(b); and 

16 (II) how other one-stop partner pro17 grams will be assessed each year; 

18 (v) the results of an assessment of the 

19 effectiveness of the core programs and 

20 other one-stop partner programs during 

21 the preceding 2-year period; 

22 (vi) the methods and factors the State 

23 will use in distributing funds under the 

24 core programs, in accordance with the pro25 visions authorizing such distributions; 


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1 (vii)(I) how the lead State agencies 

2 with responsibility for the administration 

3 of the core programs will align and inte4 grate available workforce and education 

5 data on core programs, unemployment in6 surance programs, and education through 

7 postsecondary education; 

8 (II) how such agencies will use the 

9 system to assess the progress of partici10 pants that are exiting core programs in en11 tering, persisting in, and completing post12 secondary education, or entering or re13 maining in employment; and 

14 (III) the privacy safeguards incor15 porated in such system, including safe16 guards required by section 444 of the Gen17 eral Education Provisions Act (20 U.S.C. 

18 1232g) and other applicable Federal laws; 

19 (viii) how the entity carrying out a 

20 core program will carry out the activities 

21 to provide outreach to populations, includ22 ing youth, and individuals with barriers to 

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1 ities), who can benefit from one-stop part2 ner programs; 

3 (ix) how the State will implement the 

4 priority of service provisions for veterans 

5 in accordance with the requirements of sec6 tion 4215 of title 38, United States Code; 

7 (x) how the one-stop delivery system, 

8 including one-stop operators and the one9 stop partners, will comply with section 288 

10 and applicable provisions of the Americans 

11 with Disabilities Act of 1990 (42 U.S.C. 

12 12101 et seq.) regarding the physical and 

13 programmatic accessibility of facilities, 

14 programs, services, technology, and mate15 rials, for individuals with disabilities, in16 cluding complying through providing staff 

17 training and support for addressing the 

18 needs of individuals with disabilities; 

19 (xi) how the State will assist local 

20 boards, one-stop partners, and one-stop op21 erators in implementing and transitioning 

22 to an integrated, technology-enabled intake 

23 and case management information system 

24 for programs carried out under the Act 

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1 ners, that includes common intake infor2 mation and procedures for sharing partici3 pant demographic and contact information 

4 in order to prevent duplication of data col5 lection and promote access to the array of 

6 services for which participants are eligible; 

7 and 

8 (xii) such other operational planning 

9 elements as the Secretary of Labor and 

10 Secretary of Education determine to be 

11 necessary for effective State operating sys12 tems and policies. 

13 (D) PROGRAM-SPECIFIC REQUIREMENTS.— 

14 The unified State plan shall include— 

15 (i) with respect to activities carried 

16 out under title II, a description of— 

17 (I) State policies or guidance, for 

18 the statewide workforce development 

19 system; 

20 (II) the State’s policies and strat21 egies for use of State funds for work22 force investment activities; 

23 (III) the local areas designated in 

24 the State, including the process used 

25 for designating local areas, and the 


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1 process used for identifying any plan2 ning regions under section 116(c), in3 cluding a description of how the State 

4 consulted with the local boards and 

5 chief elected officials in determining 

6 the planning regions; 

7 (IV) the appeals process referred 

8 to in section 116(a)(4) relating to des9 ignation of local areas; 

10 (V) the appeal process referred to 

11 in section 221(h)(2)(E), relating to 

12 determinations for infrastructure 

13 funding; and 

14 (VI) with respect to youth work15 force investment activities authorized 

16 in section 229, information identifying 

17 the criteria to be used by local boards 

18 in awarding grants for youth work19 force investment activities, including 

20 criteria that the Governor and local 

21 boards will use to identify effective 

22 and ineffective youth workforce invest23 ment activities and providers of such 

24 activities; 


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1 (ii) with respect to activities carried 

2 out under title III, a description of— 

3 (I) how the eligible agency will, if 

4 applicable, align content standards for 

5 adult education with State adopted 

6 standards for college and career readi7 ness; 

8 (II) how the State will fund local 

9 activities using considerations speci10 fied in section 331(e) for— 

11 (aa) activities under section 

12 331(b); 

13 (bb) programs for correc14 tions education under section 

15 325; 

16 (cc) programs for integrated 

17 English literacy and civics edu18 cation under section 343; and 

19 (dd) integrated education 

20 and training; 

21 (III) how the State will use the 

22 funds to carry out activities under 

23 section 323; 

24 (IV) how the eligible agency will 

25 provide technical assistance and use 


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1 incentives and sanctions to improve el2 igible provider performance; and 

3 (V) how the eligible agency will 

4 assess the quality of providers of adult 

5 education and literacy activities under 

6 title III and take actions to improve 

7 such quality, including providing the 

8 activities described in section 

9 323(a)(1)(B); 

10 (iii) with respect to programs carried 

11 out under title I of the Rehabilitation Act 

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

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

14 U.S.C. 732, 741), the information de15 scribed in section 101(a) of that Act (29 

16 U.S.C. 721(a)); and 

17 (iv) information on such additional 

18 specific requirements for a program ref19 erenced in any of clauses (i) through (iii) 

20 or the Wagner-Peyser Act (29 U.S.C. 49 

21 et seq.) as the Secretary of Labor and the 

22 Secretary of Education determine are nec23 essary to administer that program but can24 not reasonably be applied across all such 

25 programs. 


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1 (E) ASSURANCES.—The unified State plan 

2 shall include assurances— 

3 (i) that the State has established a 

4 policy identifying circumstances that may 

5 present a conflict of interest for a State 

6 board or local board member, or the entity 

7 or class of officials that the member rep8 resents, and procedures to resolve such 

9 conflicts; 

10 (ii) that the State has established a 

11 policy to provide to the public (including 

12 individuals with disabilities) access to 

13 meetings of State boards and local boards, 

14 and information regarding activities of 

15 State boards and local boards, such as 

16 data on board membership and minutes; 

17 (iii)(I) that the lead State agencies 

18 with responsibility for the administration 

19 of core programs reviewed and commented 

20 on the appropriate operational planning 

21 elements of the unified State plan, and ap22 proved the elements as serving the needs of 

23 the populations served by such programs; 

24 and 


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1 (II) that the State obtained input into 

2 the development of the unified State plan 

3 and provided an opportunity for comment 

4 on the plan by representatives of local 

5 boards and chief elected officials, busi6 nesses, labor organizations, institutions of 

7 higher education, other primary stake8 holders, and the general public and that 

9 the unified State plan is available and ac10 cessible to the general public; 

11 (iv) that the State has established, in 

12 accordance with section 131(i), fiscal con13 trol and fund accounting procedures that 

14 may be necessary to ensure the proper dis15 bursement of, and accounting for, funds 

16 paid to the State through allotments made 

17 for adult, dislocated worker, and youth 

18 programs to carry out workforce invest19 ment activities under chapters 2 and 3 of 

20 subtitle B of title II; 

21 (v) that the State will annually mon22 itor local areas to ensure compliance with 

23 the uniform administrative requirements 

24 under section 284(a)(3); 


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1 (vi) that the State has taken appro2 priate action to secure compliance with 

3 uniform administrative requirements in 

4 this Act; 

5 (vii) that the State has taken the ap6 propriate actions to be in compliance with 

7 section 288; 

8 (viii) that the Federal funds received 

9 to carry out a core program will not be ex10 pended for any purpose other than for ac11 tivities authorized with respect to such 

12 funds under that core program; 

13 (ix) that the eligible agency under 

14 title III will— 

15 (I) expend the funds appro16 priated to carry out that title only in 

17 a manner consistent with fiscal re18 quirements under section 341(a) (re19 garding supplement and not supplant 

20 provisions); and 

21 (II) ensure that there is at least 

22 1 eligible provider serving each local 

23 area; 

24 (x) that the State will pay an appro25 priate share (as defined by the State 


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1 board) of the costs of carrying out subtitle 

2 B, from funds made available through each 

3 of the core programs; and 

4 (xi) regarding such other matters as 

5 the Secretary of Labor and the Secretary 

6 of Education determine to be necessary for 

7 the administration of the core programs. 

8 (c) PLAN SUBMISSION AND APPROVAL.— 

9 (1) SUBMISSION.— 

10 (A) INITIAL PLAN.—The initial unified 

11 State plan under this section (after the date of 

12 enactment of this Act) shall be submitted not 

13 later than 120 days prior to the commencement 

14 of the second full program year after the date 

15 of enactment of that Act. 

16 (B) SUBSEQUENT PLANS.—Except as pro17 vided in subparagraph (A), a unified State plan 

18 shall be submitted not later than 120 days prior 

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

20 preceding unified State plan. 

21 (2) APPROVAL.—A unified State plan shall be 

22 subject to the approval of both the Secretary of 

23 Labor and the Secretary of Education, after ap24 proval of the Commissioner of the Rehabilitation 

25 Services Administration for the portion of the plan 


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1 described in subsection (b)(2)(D)(iii). The unified 

2 State plan shall be considered to be approved at the 

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

4 plan is submitted, unless the Secretary of Labor or 

5 the Secretary of Education makes a written deter6 mination, during the 90-day period, that the plan is 

7 inconsistent with the provisions of this section or the 

8 provisions authorizing the core programs, as appro9 priate. 

10 (3) MODIFICATIONS.— 

11 (A) MODIFICATIONS.—At the end of the 

12 first 2-year period of any 4-year unified State 

13 plan, the State board shall review the unified 

14 State plan, and the Governor shall submit 

15 modifications to the plan to reflect changes in 

16 labor market and economic conditions or in 

17 other factors affecting the implementation of 

18 the unified State plan. 

19 (B) APPROVAL.—A modified unified State 

20 plan submitted for the review required under 

21 subparagraph (A) shall be subject to the ap22 proval requirements described in paragraph (2). 

23 A Governor may submit a modified unified 

24 State plan at such other times as the Governor 

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1 fied unified State plan shall also be subject to 

2 the approval requirements described in para3 graph (2). 

4 (4) EARLY IMPLEMENTERS.—The Secretary of 

5 Labor and the Secretary of Education shall establish 

6 a process for approving and may approve unified 

7 State plans that meet the requirements of this sec8 tion and are submitted to cover periods commencing 

9 prior to the second full program year described in 

10 paragraph (1). 

11 SEC. 113. COMBINED STATE PLAN. 

12 (a) IN GENERAL.— 

13 (1) AUTHORITY TO SUBMIT PLAN.—A State 

14 may develop and submit to the appropriate Secre15 taries a combined State plan for the core programs 

16 and 1 or more of the programs and activities de17 scribed in paragraph (2) in lieu of submitting 2 or 

18 more plans, for the programs and activities and the 

19 core programs. 

20 (2) PROGRAMS.—The programs and activities 

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

22 (A) Career and technical education pro23 grams authorized under the Carl D. Perkins 

24 Career and Technical Education Act of 2006 

25 (20 U.S.C. 2301 et seq.). 


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1 (B) Programs authorized under part A of 

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

3 601 et seq.). 

4 (C) Programs authorized under section 

5 6(d)(4) of the Food and Nutrition Act of 2008 

6 (7 U.S.C. 2015(d)(4)). 

7 (D) Work programs authorized under sec8 tion 6(o) of the Food and Nutrition Act of 

9 2008 (7 U.S.C. 2015(o)). 

10 (E) Activities authorized under chapter 2 

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

12 2271 et seq.). 

13 (F) Activities authorized under chapter 41 

14 of title 38, United States Code. 

15 (G) Programs authorized under State un16 employment compensation laws (in accordance 

17 with applicable Federal law). 

18 (H) Programs authorized under title V of 

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

20 3056 et seq.). 

21 (I) Employment and training activities car22 ried out by the Department of Housing and 

23 Urban Development. 


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1 (J) Employment and training activities 

2 carried out under the Community Services 

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

4 (K) Programs authorized under section 

5 212 of the Second Chance Act of 2007 (42 

6 U.S.C. 17532). 

7 (b) REQUIREMENTS.— 

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

9 plan covering the core programs shall be subject to 

10 the requirements of section 112 (including section 

11 112(c)(3)). The portion of such plan covering a pro12 gram or activity described in subsection (a)(2) shall 

13 be subject to the requirements, if any, applicable to 

14 a plan or application for assistance for that program 

15 or activity, under the Federal law authorizing the 

16 program or activity. At the election of the State, sec17 tion 112(c)(3) may apply to that portion. 

18 (2) ADDITIONAL SUBMISSION NOT REQUIRED.— 

19 A State that submits a combined plan that is ap20 proved under subsection (c) shall not be required to 

21 submit any other plan or application in order to re22 ceive Federal funds to carry out the core programs 

23 or the program or activities described in subsection 

24 (a)(2) that are covered by the combined plan. 


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1 (3) COORDINATION.—A combined plan shall in2 clude— 

3 (A) a description of the methods used for 

4 joint planning and coordination of the core pro5 grams and the other programs and activities 

6 covered by the combined plan; and 

7 (B) an assurance that the methods in8 cluded an opportunity for the entities respon9 sible for planning or administering the core pro10 grams and the other programs and activities to 

11 review and comment on all portions of the com12 bined plan. 

13 (c) APPROVAL BY THE APPROPRIATE SECRE14 TARIES.— 

15 (1) JURISDICTION.—The appropriate Secretary 

16 shall have the authority to approve the cor17 responding portion of a combined plan as described 

18 in subsection (d). On the approval of the appropriate 

19 Secretary, that portion of the combined plan, relat20 ing to a program or activity, shall be implemented 

21 by the State pursuant to that portion of the com22 bined plan, and the Federal law authorizing the pro23 gram or activity. 

24 (2) APPROVAL OF CORE PROGRAMS.—No por25 tion of the plan relating to a core program shall be 


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1 implemented until the appropriate Secretary ap2 proves the corresponding portions of the plan for all 

3 core programs. 

4 (3) TIMING OF APPROVAL.— 

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

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

7 combined State plan covering the core programs 

8 or a program or activity described in subsection 

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

10 appropriate Secretary at the end of the 90-day 

11 period beginning on the day the plan is sub12 mitted. 

13 (B) PLAN APPROVED BY 3 OR MORE AP14 PROPRIATE SECRETARIES.—If an appropriate 

15 Secretary other than the Secretary of Labor or 

16 the Secretary of Education has authority to ap17 prove a portion of a combined plan, that por18 tion of the combined plan shall be considered to 

19 be approved by the appropriate Secretary at the 

20 end of the 120-day period beginning on the day 

21 the plan is submitted. 

22 (C) DISAPPROVAL.—The portion shall not 

23 be considered to be approved if the appropriate 

24 Secretary makes a written determination, dur25 ing the 90-day period (or the 120-day period, 


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1 for an appropriate Secretary covered by sub2 paragraph (B)), that the portion is not con3 sistent with the requirements of the Federal law 

4 authorizing or applicable to the program or ac5 tivity involved, including the criteria for ap6 proval of a plan or application, if any, under 

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

8 requirements of this section. 

9 (4) SPECIAL RULE.—In paragraph (3), the 

10 term ‘‘criteria for approval of a plan or application’’, 

11 with respect to a State and a core program or a pro12 gram under the Carl D. Perkins Career and Tech13 nical Education Act of 2006 (20 U.S.C. 2301 et 

14 seq.), includes a requirement for agreement between 

15 the State and the appropriate Secretaries regarding 

16 State performance accountability measures or State 

17 performance measures, as the case may be, including 

18 levels of performance. 

19 (d) APPROPRIATE SECRETARY.—In this section, the 

20 term ‘‘appropriate Secretary’’ means— 

21 (1) with respect to the portion of a combined 

22 plan relating to any of the core programs (including 

23 a description, and an assurance concerning that pro24 gram, specified in subsection (b)(3)), the Secretary 

25 of Labor and the Secretary of Education; and 


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1 (2) with respect to the portion of a combined 

2 plan relating to a program or activity described in 

3 subsection (a)(2) (including a description, and an 

4 assurance concerning that program or activity, speci5 fied in subsection (b)(3)), the head of the Federal 

6 agency who exercises plan or application approval 

7 authority for the program or activity under the Fed8 eral law authorizing the program or activity, or, if 

9 there are no planning or application requirements 

10 for such program or activity, exercises administra11 tive authority over the program or activity under 

12 that Federal law. 

13 CHAPTER 2—LOCAL PROVISIONS 

14 SEC. 116. LOCAL WORKFORCE DEVELOPMENT AREAS. 

15 (a) DESIGNATION OF AREAS.— 

16 (1) IN GENERAL.— 

17 (A) PROCESS.—Except as provided in sub18 section (b), and consistent with paragraphs (2) 

19 and (3), in order for a State to receive an allot20 ment under section 227 or 232, the Governor of 

21 the State shall designate local workforce devel22 opment areas within the State— 

23 (i) through consultation with the 

24 State board; and 


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1 (ii) after consultation with chief elect2 ed officials and affected local boards, and 

3 after consideration of comments received 

4 through the public comment process as de5 scribed in section 112(b)(2)(E)(iii)(II). 

6 (B) CRITERIA.—The Governor shall des7 ignate local areas (except for those local areas 

8 described in paragraphs (2) and (3)), based on 

9 criteria consisting of— 

10 (i) the extent to which the areas are 

11 consistent with labor market areas in the 

12 State; 

13 (ii) the extent to which the areas are 

14 consistent with regional economic develop15 ment areas in the State; and 

16 (iii) whether the areas have available 

17 the Federal and non-Federal resources 

18 necessary to effectively administer activi19 ties under title II and other applicable pro20 visions of this Act, including whether the 

21 areas have the appropriate education and 

22 training providers, such as institutions of 

23 higher education and area career and tech24 nical education schools. 


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1 (C) RULE OF CONSTRUCTION.—For pur2 poses of subparagraph (B)(ii), the definition of 

3 the term ‘‘region’’ in section 101 shall not be 

4 applicable. 

5 (2) AUTOMATIC DESIGNATION.— 

6 (A) INITIAL PERIOD.—For the second full 

7 program year that commences after the date of 

8 enactment of this Act, any area that was des9 ignated as a local area under section 116 of the 

10 Workforce Investment Act of 1998, as in effect 

11 on the day before the date of enactment of this 

12 Act, and was so designated for the 2-year pe13 riod preceding that day, shall be designated as 

14 a local area by the Governor under this sub15 paragraph— 

16 (i) if such area so requests; and 

17 (ii) if such local area— 

18 (I) performed successfully; and 

19 (II) sustained fiscal integrity. 

20 (B) SUBSEQUENT DESIGNATION.—For the 

21 third full program year that commences after 

22 the date of enactment of this Act and there23 after, the Governor shall designate as a local 

24 area under this subparagraph any area that 


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1 was designated as a local area under subpara2 graph (A)— 

3 (i) if such local area so requests; 

4 (ii) if such local area— 

5 (I) performed successfully; and 

6 (II) sustained fiscal integrity; 

7 and 

8 (iii) in the case of a local area that is 

9 part of a consortium of local areas in a 

10 planning region under subsection (c), if 

11 such local area met each of the following 

12 implementation conditions: 

13 (I) Participated in preparing a 

14 regional plan under subsection 

15 (c)(1)(A)(iv) and in implementing the 

16 plan. 

17 (II) Developed and implemented 

18 regional service strategies and activi19 ties, such as industry and sector20 based strategies (including establish21 ment of industry partnerships), in ac22 cordance with the regional plan. 

23 (C) DEFINITIONS.—For purposes of this 

24 paragraph: 


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1 (i) PERFORMED SUCCESSFULLY.—The 

2 term ‘‘performed successfully’’, used with 

3 respect to a local area, means the local 

4 area met or exceeded the adjusted levels of 

5 performance for primary indicators of per6 formance described in section 131(b)(2)(A) 

7 (or, if applicable, core indicators of per8 formance described in section 136(b)(2)(A) 

9 of the Workforce Investment Act of 1998, 

10 as in effect the day before the date of en11 actment of this Act) for each of the last 2 

12 consecutive years for which data are avail13 able preceding the determination of per14 formance under this clause. 

15 (ii) SUSTAINED FISCAL INTEGRITY.— 

16 The term ‘‘sustained fiscal integrity’’, used 

17 with respect to a local area, means that 

18 the Secretary has not made a formal deter19 mination, during either of the last 2 con20 secutive years preceding the determination 

21 regarding such integrity, that either the 

22 grant recipient or the administrative entity 

23 of the area misexpended funds provided 

24 under title II (or, if applicable, title I of 

25 the Workforce Investment Act of 1998 as 


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1 in effect prior to the effective date of such 

2 title II) due to willful disregard of the re3 quirements of the title involved, gross neg4 ligence, or failure to comply with accepted 

5 standards of administration. 

6 (3) DESIGNATION ON RECOMMENDATION OF

7 STATE BOARD.—The Governor may approve a re8 quest from any unit of general local government (in9 cluding a combination of such units) for designation 

10 as a local area if the State board determines, based 

11 on the factors described in paragraph (1)(B), and 

12 recommends to the Governor, that such area should 

13 be so designated. 

14 (4) APPEALS.—A unit of general local govern15 ment (including a combination of such units) or 

16 grant recipient that requests but is not granted des17 ignation of an area as a local area under paragraph 

18 (2) may submit an appeal to the State board under 

19 an appeal process established in the State plan. If 

20 the appeal does not result in such a designation, the 

21 Secretary of Labor, after receiving a request for re22 view from the unit or grant recipient and on deter23 mining that the unit or grant recipient was not ac24 corded procedural rights under the appeal process 

25 described in the State plan, as specified in section 


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1 112(b)(2)(D)(i), or that the area meets the require2 ments of paragraph (2), may require that the area 

3 be designated as a local area under such paragraph. 

4 (b) SINGLE STATE LOCAL AREAS.— 

5 (1) CONTINUATION OF PREVIOUS DESIGNA6 TION.—The Governor of any State that was a single 

7 State local area for purposes of title I of the Work8 force Investment Act of 1998, as in effect on July 

9 1, 2011, may designate the State as a single State 

10 local area for purposes of this title and title II if the 

11 Governor identifies the State as a local area in the 

12 State plan. 

13 (2) REDESIGNATION.—The Governor of a State 

14 not described in paragraph (1) may designate the 

15 State as a single local area if, prior to the submis16 sion of the State plan or modification to such plan 

17 so designating the State, no local area meeting the 

18 requirements for automatic designation under sub19 section (a)(2) requests such designation as a sepa20 rate local area. 

21 (3) COMPOSITION OF STATE BOARD.— 

22 (A) CONTINUATION OF PREVIOUS DES23 IGNATION.—For a State that is designated as a 

24 single State local area under paragraph (1), the 

25 composition of the State board shall— 


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1 (i) be consistent with the composition 

2 of the State board for such State for pur3 poses of title I of the Workforce Invest4 ment Act of 1998, as in effect on the day 

5 before the date of enactment of this Act; 

6 or 

7 (ii)(I) include the members described 

8 in subparagraphs (A) and (B) of section 

9 111(b)(1); 

10 (II) include, as a majority of the 

11 members, the representatives described in 

12 section 111(b)(1)(C)(i); 

13 (III) include, as members other than 

14 the members described in subparagraphs 

15 (A), (B), and (C)(i) of section 111(b)(1), 

16 an equal number of— 

17 (aa) representatives described in 

18 subparagraph (C)(ii) of that section; 

19 and 

20 (bb) representatives described in 

21 subparagraph (C)(iii) of that section; 

22 and 

23 (IV) include as chairperson an indi24 vidual elected from among the members 

25 described in section 111(b)(1)(C)(i). 


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1 (B) REDESIGNATION.—For a State that is 

2 designated as a single State local area under 

3 paragraph (2), the composition of the State 

4 board shall be consistent with the requirements 

5 described in subparagraph (A)(ii). 

6 (4) EFFECT ON LOCAL PLAN AND LOCAL FUNC7 TIONS.—In any case in which a State is designated 

8 as a local area pursuant to this subsection, the local 

9 plan prepared under section 118 for the area shall 

10 be submitted for approval as part of the State plan. 

11 In such a State, the State board shall carry out the 

12 functions of a local board, as specified in this Act 

13 or the provisions authorizing a core program, but 

14 the State shall not be required to meet and report 

15 on a set of local performance accountability meas16 ures. 

17 (c) REGIONAL PLANNING AND SERVICE DELIV18 ERY.— 

19 (1) IN GENERAL.— 

20 (A) PLANNING.— 

21 (i) IDENTIFICATION.—Before the first 

22 day of the second full program year that 

23 commences after the date of enactment of 

24 this Act, as part of the process for devel25 oping the State plan, a State shall identify 


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1 regions in the State. The State shall iden2 tify regions after consultation with the 

3 local boards and chief elected officials in 

4 the affected local areas and consistent with 

5 the criteria described in subsection 

6 (a)(1)(B). 

7 (ii) TYPES OF REGIONS.—For pur8 poses of this Act, the State shall identify— 

9 (I) which regions are comprised 

10 of 1 local area that is aligned with the 

11 region; and 

12 (II) which regions are comprised 

13 of 2 or more local areas that are (col14 lectively) aligned with the region. 

15 (iii) PLANNING FOR COOPERATIVE

16 INITIATIVES AND ARRANGEMENTS.—In the 

17 regions comprised of 2 or more local areas, 

18 the State shall require regional planning, 

19 including planning for regional service de20 livery, by local boards in those regions. 

21 The State shall require the local boards in 

22 a planning region to participate in a re23 gional planning process for cooperative ini24 tiatives and arrangements that result in— 


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1 (I) the establishment of regional 

2 service strategies and activities, in3 cluding service delivery cooperative ar4 rangements and regional approaches 

5 to address the employment and train6 ing needs of individuals with barriers 

7 to employment; 

8 (II) as appropriate, the develop9 ment and implementation of initia10 tives involving in-demand industry 

11 sectors or occupations; 

12 (III) the collection and analysis 

13 of regional labor market data (in con14 junction with the State); and 

15 (IV) the establishment of admin16 istrative cost arrangements, as appro17 priate. 

18 (iv) REGIONAL PLANS.—The State, 

19 after consultation with the local boards 

20 and chief elected officials for the planning 

21 region, shall require the local boards and 

22 officials to collaborate in order to prepare, 

23 submit, and obtain approval of a single re24 gional plan. Such plan shall include a de25 scription of the cooperative initiatives and 


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1 arrangements developed pursuant to clause 

2 (iii) and incorporate local plans for each of 

3 the local areas in the planning region (as 

4 required under section 118), which shall 

5 contain strategies that are consistent and 

6 aligned with each other. 

7 (v) REFERENCES.—In this Act, and 

8 the core program provisions that are not in 

9 this Act: 

10 (I) LOCAL AREA.—Except as pro11 vided in section 111(d)(8), this sec12 tion, paragraph (1)(B) or (4) of sec13 tion 117(c), or section 117(d)(12)(B), 

14 or in any text that provides an accom15 panying provision specifically for a 

16 planning region, the term ‘‘local area’’ 

17 in a provision includes a reference to 

18 a planning region for purposes of im19 plementation of that provision by the 

20 corresponding local areas in the re21 gion. 

22 (II) LOCAL PLAN.—Except as 

23 provided in subsection (b)(4) or this 

24 subsection, the term ‘‘local plan’’ in25 cludes a reference to the portion of a 


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1 regional plan developed with respect 

2 to the corresponding local area within 

3 the region, and any regionwide provi4 sion of that plan that impacts or re5 lates to the local area. 

6 (B) ASSISTANCE FOR LOCAL AREAS.— 

7 (i) IN GENERAL.—The State shall 

8 provide technical assistance and labor mar9 ket information to local boards in planning 

10 regions to assist such local boards with re11 gional planning and subsequent service de12 livery efforts, and with the alignment of 

13 programs consistent with the alignment en14 visioned in the State and local plans. 

15 (ii) REDESIGNATION ASSISTANCE.— 

16 On the request of all of the local areas in 

17 a planning region, the State shall provide 

18 funding from funds made available under 

19 sections 228(a) and 233(a)(1) to assist the 

20 local areas in carrying out activities to fa21 cilitate the redesignation of the local areas 

22 as a single local area. 

23 (2) INFORMATION SHARING.—The State shall 

24 require the local boards for a planning region to 

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1 tics, information about employment opportunities 

2 and trends, information about the skill requirements 

3 of existing and emerging in-demand industry sectors 

4 and occupations, information on the skills and work5 force development activities, and any skill or services 

6 gaps, in the planning region, and other types of in7 formation that would assist in improving the per8 formance of all local areas in the planning region on 

9 the performance accountability measures established 

10 under section 131(c). 

11 (3) COORDINATION OF SERVICES.—The State 

12 shall require the local boards for a planning region 

13 to coordinate— 

14 (A) the provision of workforce investment 

15 activities with the activities of the other one16 stop partner programs, including the provision 

17 of transportation and other supportive services, 

18 so that services provided through such pro19 grams may be provided across the boundaries of 

20 local areas within the planning region; and 

21 (B) the provision of such activities with re22 gional economic development services and strat23 egies. 

24 (4) INTERSTATE REGIONS.—Two or more 

25 States that contain an interstate region that is a 


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1 labor market area, economic development region, or 

2 other appropriate contiguous subarea of the States 

3 may designate the area as a planning region for pur4 poses of this subsection, and jointly exercise the 

5 State functions described in this Act (including 

6 paragraphs (1) through (3)). 

7 SEC. 117. LOCAL WORKFORCE DEVELOPMENT BOARDS. 

8 (a) ESTABLISHMENT.—Except as provided in sub9 section (c)(2)(A), there shall be established, and certified 

10 by the Governor of the State, a local workforce develop11 ment board in each local area of a State to carry out the 

12 functions described in subsection (d) (and any functions 

13 specified for the local board under this Act or the provi14 sions establishing a core program) for such area. 

15 (b) MEMBERSHIP.— 

16 (1) STATE CRITERIA.—The Governor, in part17 nership with the State board, shall establish criteria 

18 for use by chief elected officials in the local areas for 

19 appointment of members of the local boards in such 

20 local areas in accordance with the requirements of 

21 paragraph (2). 

22 (2) COMPOSITION.—Such criteria shall require 

23 that, at a minimum— 


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1 (A) a majority of the members of each 

2 local board shall be representatives of business 

3 in the local area, who— 

4 (i) are owners of businesses, chief ex5 ecutives or operating officers of businesses, 

6 or other business executives or employers 

7 with optimum policymaking or hiring au8 thority; 

9 (ii) represent businesses, including 

10 small businesses, or organizations rep11 resenting businesses described in this 

12 clause, that provide employment opportuni13 ties that, at a minimum, will provide clear 

14 and accessible career pathways, and in15 clude high-quality, work-relevant training 

16 and development in in-demand industry 

17 sectors or occupations in the local area; 

18 and 

19 (iii) are appointed from among indi20 viduals nominated by local business organi21 zations and business trade associations; 

22 (B) not less than 20 percent of the mem23 bers of each local board shall be representatives 

24 of the workforce within the local area, who— 


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1 (i) shall include representatives of 

2 labor organizations (for a local area in 

3 which employees are represented by labor 

4 organizations), who have been nominated 

5 by local labor federations, or (for a local 

6 area in which no employees are represented 

7 by such organizations) other representa8 tives of employees; 

9 (ii) may include representatives of 

10 community-based organizations that have 

11 demonstrated experience and expertise in 

12 addressing the employment needs of indi13 viduals with barriers to employment, in14 cluding organizations that serve veterans 

15 or that provide or support competitive, in16 tegrated employment for individuals with 

17 disabilities; and 

18 (iii) may include representatives of or19 ganizations that have demonstrated experi20 ence and expertise in addressing the em21 ployment, training, or education needs of 

22 eligible youth, including representatives of 

23 organizations that serve out-of-school 

24 youth; 


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1 (C) each local board shall include rep2 resentatives of entities administering education 

3 and training activities in the local area, who— 

4 (i) shall include a representative of el5 igible providers administering adult edu6 cation and literacy activities under title 

7 III; 

8 (ii) shall include a representative of 

9 institutions of higher education providing 

10 workforce investment activities (including 

11 community colleges); 

12 (iii) shall include a representative, ei13 ther an employer, a member of a labor or14 ganization, or a staff director, from a joint 

15 labor-management apprenticeship program, 

16 or if no such joint program exists in the 

17 area, a representative of an apprenticeship 

18 program in the area; and 

19 (iv) may include representatives of 

20 local educational agencies, and of commu21 nity-based organizations with demonstrated 

22 experience and expertise in addressing the 

23 education or training needs of individuals 

24 with barriers to employment; 


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1 (D) each local board shall include rep2 resentatives of governmental and economic and 

3 community development entities serving the 

4 local area, who— 

5 (i) shall include 1 or more representa6 tives of economic and community develop7 ment entities; 

8 (ii) shall include an appropriate rep9 resentative from the State employment 

10 service office under the Wagner-Peyser Act 

11 (29 U.S.C. 49 et seq.) serving the local 

12 area; 

13 (iii) shall include an appropriate rep14 resentative of the programs carried out 

15 under title I of the Rehabilitation Act of 

16 1973 (29 U.S.C. 720 et seq.), other than 

17 section 112 or part C of that title (29 

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

19 (iv) may include representatives of 

20 agencies or entities administering pro21 grams serving the local area relating to 

22 transportation, housing, and public assist23 ance; and 


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1 (v) may include representatives of 

2 philanthropic organizations serving the 

3 local area; and 

4 (E) each local board may include such 

5 other individuals or representatives of entities 

6 as the chief elected official in the local area may 

7 determine to be appropriate. 

8 (3) CHAIRPERSON.—The members of the local 

9 board shall elect a chairperson for the local board 

10 from among the representatives described in para11 graph (2)(A). 

12 (4) STANDING COMMITTEES.— 

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

14 designate and direct the activities of standing 

15 committees to provide information and to assist 

16 the local board in carrying out activities under 

17 this section. Such standing committees shall be 

18 chaired by a member of the local board, may in19 clude other members of the local board, and 

20 shall include other individuals appointed by the 

21 local board who are not members of the local 

22 board and who the local board determines have 

23 appropriate experience and expertise. At a min24 imum, the local board shall designate each of 

25 the following: 


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1 (i) A standing committee, which shall 

2 provide information and assist with oper3 ational and other issues relating to the 

4 one-stop delivery system, and which may 

5 include as members representatives of the 

6 one-stop partners. 

7 (ii) A standing committee to provide 

8 information and to assist with planning, 

9 operational, and other issues relating to 

10 the provision of services to youth, which 

11 shall include community-based organiza12 tions with a demonstrated record of suc13 cess in serving eligible youth. 

14 (iii) A standing committee to provide 

15 information and to assist with operational 

16 and other issues relating to the provision 

17 of services to individuals with disabilities, 

18 including issues relating to compliance 

19 with section 288 and applicable provisions 

20 of the Americans with Disabilities Act of 

21 1990 (42 U.S.C. 12101 et seq.) regarding 

22 providing programmatic and physical ac23 cess to the services, programs, and activi24 ties of the one-stop delivery system, as well 

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1 viding supports for or accommodations to, 

2 and finding employment opportunities for, 

3 individuals with disabilities. 

4 (B) ADDITIONAL COMMITTEES.—The local 

5 board may designate standing committees in 

6 addition to the standing committees specified in 

7 subparagraph (A). 

8 (C) DESIGNATION OF ENTITY.—Nothing in 

9 this paragraph shall be construed to prohibit 

10 the designation of an existing (as of the date of 

11 enactment of this Act) entity, such as an effec12 tive youth council, to fulfill the requirements of 

13 this paragraph as long as the entity meets the 

14 requirements of this paragraph. 

15 (5) AUTHORITY OF BOARD MEMBERS.—Mem16 bers of the board that represent organizations, agen17 cies, or other entities shall be individuals with opti18 mum policymaking authority within the organiza19 tions, agencies, or entities. The members of the 

20 board shall represent diverse geographic areas within 

21 the local area. 

22 (6) SPECIAL RULE.—If there are multiple eligi23 ble providers serving the local area by administering 

24 adult education and literacy activities under title III, 

25 or multiple institutions of higher education serving 


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1 the local area by providing workforce investment ac2 tivities, each representative on the local board de3 scribed in clause (i) or (ii) of paragraph (2)(C), re4 spectively, shall be appointed from among individ5 uals nominated by local providers representing such 

6 providers or institutions, respectively. 

7 (c) APPOINTMENT AND CERTIFICATION OF BOARD.— 

8 (1) APPOINTMENT OF BOARD MEMBERS AND

9 ASSIGNMENT OF RESPONSIBILITIES.— 

10 (A) IN GENERAL.—The chief elected offi11 cial in a local area is authorized to appoint the 

12 members of the local board for such area, in ac13 cordance with the State criteria established 

14 under subsection (b). 

15 (B) MULTIPLE UNITS OF LOCAL GOVERN16 MENT IN AREA.— 

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

18 a local area includes more than 1 unit of 

19 general local government, the chief elected 

20 officials of such units may execute an 

21 agreement that specifies the respective 

22 roles of the individual chief elected offi23 cials— 

24 (I) in the appointment of the 

25 members of the local board from the 


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1 individuals nominated or rec2 ommended to be such members in ac3 cordance with the criteria established 

4 under subsection (b); and 

5 (II) in carrying out any other re6 sponsibilities assigned to such officials 

7 under this title or subtitle A of title 

8 II. 

9 (ii) LACK OF AGREEMENT.—If, after 

10 a reasonable effort, the chief elected offi11 cials are unable to reach agreement as pro12 vided under clause (i), the Governor may 

13 appoint the members of the local board 

14 from individuals so nominated or rec15 ommended. 

16 (C) CONCENTRATED EMPLOYMENT PRO17 GRAMS.—In the case of an area that was des18 ignated as a local area in accordance with sec19 tion 116(a)(2)(B) of the Workforce Investment 

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

21 date of enactment of this Act), and that re22 mains a local area on that date, the governing 

23 body of the concentrated employment program 

24 involved shall act in consultation with the chief 

25 elected official in the local area to appoint 


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1 members of the local board, in accordance with 

2 the State criteria established under subsection 

3 (b), and to carry out any other responsibility 

4 relating to workforce investment activities as5 signed to such official under this Act. 

6 (2) CERTIFICATION.— 

7 (A) IN GENERAL.—The Governor shall, 

8 once every 2 years, certify 1 local board for 

9 each local area in the State. 

10 (B) CRITERIA.—Such certification shall be 

11 based on criteria established under subsection 

12 (b), and for a second or subsequent certifi13 cation, the extent to which the local board has 

14 ensured that workforce investment activities 

15 carried out in the local area have enabled the 

16 local area to meet the corresponding perform17 ance accountability measures and achieve sus18 tained fiscal integrity, as defined in section 

19 116(a)(2)(C). 

20 (C) FAILURE TO ACHIEVE CERTIFI21 CATION.—Failure of a local board to achieve 

22 certification shall result in appointment and 

23 certification of a new local board for the local 

24 area pursuant to the process described in para25 graph (1) and this paragraph. 


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1 (3) DECERTIFICATION.— 

2 (A) FRAUD, ABUSE, FAILURE TO CARRY

3 OUT FUNCTIONS.—Notwithstanding paragraph 

4 (2), the Governor shall have the authority to 

5 decertify a local board at any time after pro6 viding notice and an opportunity for comment, 

7 for— 

8 (i) fraud or abuse; or 

9 (ii) failure to carry out the functions 

10 specified for the local board in subsection 

11 (d). 

12 (B) NONPERFORMANCE.—Notwithstanding 

13 paragraph (2), the Governor may decertify a 

14 local board if a local area fails to meet the local 

15 performance accountability measures for such 

16 local area in accordance with section 131(c) for 

17 2 consecutive program years. 

18 (C) REORGANIZATION PLAN.—If the Gov19 ernor decertifies a local board for a local area 

20 under subparagraph (A) or (B), the Governor 

21 may require that a new local board be ap22 pointed and certified for the local area pursuant 

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1 cial in the local area and in accordance with the 

2 criteria established under subsection (b). 

3 (4) SINGLE STATE LOCAL AREA.— 

4 (A) STATE BOARD.—Notwithstanding sub5 section (b) and paragraphs (1) and (2), if a 

6 State described in section 116(b) indicates in 

7 the State plan that the State will be treated as 

8 a single State local area, for purposes of the ap9 plication of this Act or the provisions author10 izing a core program, the State board shall 

11 carry out any of the functions of a local board 

12 under this Act or the provisions authorizing a 

13 core program, including the functions described 

14 in subsection (d). 

15 (B) REFERENCES.— 

16 (i) IN GENERAL.—Except as provided 

17 in clauses (ii) and (iii), with respect to 

18 such a State, a reference in this Act or a 

19 core program provision to a local board 

20 shall be considered to be a reference to the 

21 State board, and a reference in the Act or 

22 provision to a local area or region shall be 

23 considered to be a reference to the State. 

24 (ii) PLANS.—The State board shall 

25 prepare a local plan under section 118 for 


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1 the State, and submit the plan for ap2 proval as part of the State plan. 

3 (iii) PERFORMANCE ACCOUNTABILITY

4 MEASURES.—The State shall not be re5 quired to meet and report on a set of local 

6 performance accountability measures. 

7 (d) FUNCTIONS OF LOCAL BOARD.—Consistent with 

8 section 118, the functions of the local board shall include 

9 the following: 

10 (1) LOCAL PLAN.—The local board, in partner11 ship with the chief elected official for the local area 

12 involved, shall develop and submit a local plan to the 

13 Governor that meets the requirements in section 

14 118. If the local area is part of a planning region 

15 that includes other local areas, the local board shall 

16 collaborate with the other local boards and chief 

17 elected officials from such other local areas in the 

18 development and submission of the local plan as de19 scribed in section 116(c)(1)(A). 

20 (2) WORKFORCE RESEARCH AND REGIONAL

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

22 development and implementation of the local plan, 

23 the local board shall— 

24 (A) carry out analyses of the economic 

25 conditions in the region, the needed knowledge 


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1 and skills for the region, the workforce in the 

2 region, and workforce development activities 

3 (including education and training) in the region 

4 described in section 118(b)(1)(D), and regularly 

5 update such information; 

6 (B) assist the Governor in developing the 

7 statewide workforce and labor market informa8 tion system described in section 15(e) of the 

9 Wagner-Peyser Act (29 U.S.C. 49l–2(e)), spe10 cifically in the collection, analysis, and utiliza11 tion of workforce and labor market information 

12 for the region; and 

13 (C) conduct such other research, data col14 lection, and analysis related to the workforce 

15 needs of the regional economy as the board, 

16 after receiving input from a wide array of 

17 stakeholders, determines to be necessary to 

18 carry out its functions. 

19 (3) CONVENING, BROKERING, LEVERAGING.— 

20 The local board shall convene local workforce devel21 opment system stakeholders to assist in the develop22 ment of the local plan under section 118 and in 

23 identifying non-Federal expertise and resources to 

24 leverage support for workforce development activi25 ties. The local board, including standing committees, 


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1 may engage such stakeholders in carrying out the 

2 functions described in this subsection. 

3 (4) EMPLOYER ENGAGEMENT.—The local board 

4 shall lead efforts to engage with a diverse range of 

5 employers and with entities in the region involved— 

6 (A) to promote business representation 

7 (particularly representatives with optimal pol8 icymaking or hiring authority from employers 

9 whose employment opportunities reflect existing 

10 and emerging employment opportunities in the 

11 region) on the local board; 

12 (B) to develop effective linkages (including 

13 the use of intermediaries) with employers in the 

14 region to support employer utilization of the 

15 local workforce development system and to sup16 port local workforce investment activities; 

17 (C) to ensure that workforce investment 

18 activities meet the needs of employers and sup19 port economic growth in the region, by enhanc20 ing communication, coordination, and collabora21 tion among employers, economic development 

22 entities, and service providers; and 

23 (D) to develop and implement proven or 

24 promising strategies for meeting the employ25 ment and skill needs of workers and employers 


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1 (such as the establishment of industry and sec2 tor partnerships), that provide the skilled work3 force needed by employers in the region, and 

4 that expand employment and career advance5 ment opportunities for workforce development 

6 system participants in in-demand industry sec7 tors or occupations. 

8 (5) CAREER PATHWAYS DEVELOPMENT.—The 

9 local board, with representatives of secondary and 

10 postsecondary education programs, shall lead efforts 

11 in the local area to develop and implement career 

12 pathways within the local area by aligning the em13 ployment, training, education, and supportive serv14 ices that are needed by adults and youth, particu15 larly individuals with barriers to employment. 

16 (6) PROVEN AND PROMISING PRACTICES.—The 

17 local board shall lead efforts in the local area to— 

18 (A) identify and promote proven and prom19 ising strategies and initiatives for meeting the 

20 needs of employers, and workers and jobseekers 

21 (including individuals with barriers to employ22 ment) in the local workforce development sys23 tem, including providing physical and pro24 grammatic accessibility, in accordance with sec25 tion 288 and applicable provisions of the AmeriVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cans with Disabilities Act of 1990 (42 U.S.C. 

2 12101 et seq.), to the one-stop delivery system; 

3 and 

4 (B) identify and disseminate information 

5 on proven and promising practices carried out 

6 in other local areas for meeting such needs. 

7 (7) TECHNOLOGY.—The local board shall de8 velop strategies for using technology to maximize the 

9 accessibility and effectiveness of the local workforce 

10 development system for employers, and workers and 

11 jobseekers, by— 

12 (A) facilitating connections among the in13 take and case management information systems 

14 of the one-stop partner programs to support a 

15 comprehensive workforce development system in 

16 the local area; 

17 (B) facilitating access to services provided 

18 through the one-stop delivery system involved, 

19 including facilitating the access in remote areas; 

20 (C) identifying strategies for better meet21 ing the needs of individuals with barriers to em22 ployment, including strategies that augment 

23 traditional service delivery, and increase access 

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1 ery system, such as improving digital literacy 

2 skills; and 

3 (D) leveraging resources and capacity 

4 within the local workforce development system, 

5 including resources and capacity for services for 

6 individuals with barriers to employment. 

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

8 partnership with the chief elected official for the 

9 local area, shall— 

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

11 workforce investment activities authorized 

12 under section 229, local employment and train13 ing activities authorized under section 234, and 

14 the one-stop delivery system in the local area; 

15 and 

16 (ii) ensure the appropriate use and man17 agement of the funds provided under this title 

18 and title II for the activities and system de19 scribed in clause (i); and 

20 (B) for workforce development activities, 

21 ensure the appropriate use, management of, 

22 and investment of funds to maximize perform23 ance outcomes under section 131. 

24 (9) NEGOTIATION OF LOCAL PERFORMANCE AC25 COUNTABILITY MEASURES.—The local board, the 


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1 chief elected official, and the Governor shall nego2 tiate and reach agreement on local performance ac3 countability measures as described in section 131(c). 

4 (10) SELECTION OF OPERATORS AND PRO5 VIDERS.— 

6 (A) SELECTION OF ONE-STOP OPERA7 TORS.—Consistent with section 221(d), the 

8 local board, with the agreement of the chief 

9 elected official for the local area— 

10 (i) shall designate or certify one-stop 

11 operators as described in section 

12 221(d)(2)(A); and 

13 (ii) may terminate for cause the eligi14 bility of such operators. 

15 (B) SELECTION OF YOUTH PROVIDERS.— 

16 Consistent with section 223, the local board— 

17 (i) shall identify eligible providers of 

18 youth workforce investment activities in 

19 the local area by awarding grants or con20 tracts on a competitive basis (except as 

21 provided in section 223(b)), based on the 

22 recommendations of the youth standing 

23 committee established under section 

24 117(b)(4); and 


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1 (ii) may terminate for cause the eligi2 bility of such providers. 

3 (C) IDENTIFICATION OF ELIGIBLE PRO4 VIDERS OF TRAINING SERVICES.—Consistent 

5 with section 222, the local board shall identify 

6 eligible providers of training services in the 

7 local area. 

8 (D) IDENTIFICATION OF ELIGIBLE PRO9 VIDERS OF INTENSIVE SERVICES.—If the one10 stop operator does not provide intensive services 

11 in a local area, the local board shall identify eli12 gible providers of intensive services described in 

13 section 234(c)(3) in the local area by awarding 

14 contracts. 

15 (E) CONSUMER CHOICE REQUIREMENTS.— 

16 Consistent with section 222 and paragraphs (3) 

17 and (4) of section 234(c), the local board shall 

18 work with the State to ensure there are suffi19 cient numbers and types of providers of inten20 sive services and training services (including eli21 gible providers with expertise in assisting indi22 viduals with disabilities and eligible providers 

23 with expertise in assisting adults in need of 

24 adult education and literacy activities) serving 

25 the local area and providing the services inVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 volved in a manner that maximizes consumer 

2 choice, as well as providing opportunities that 

3 lead to competitive, integrated employment for 

4 individuals with disabilities. 

5 (11) COORDINATION WITH EDUCATION PRO6 VIDERS.— 

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

8 coordinate activities with education and training 

9 providers in the local area, including providers 

10 of workforce investment activities, providers of 

11 adult education and literacy activities under 

12 title III, providers of career and technical edu13 cation (as defined in section 3 of the Carl D. 

14 Perkins Career and Technical Education Act of 

15 2006 (20 U.S.C. 2302)) and local agencies ad16 ministering plans under title I of the Rehabili17 tation Act of 1973 (29 U.S.C. 720 et seq.), 

18 other than section 112 or part C of that title 

19 (29 U.S.C. 732, 741). 

20 (B) APPLICATIONS AND AGREEMENTS.— 

21 The coordination described in subparagraph (A) 

22 shall include— 

23 (i) consistent with section 332— 

24 (I) reviewing the applications to 

25 provide adult education and literacy 


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1 activities under title III for the local 

2 area, submitted under such section to 

3 the eligible agency by eligible pro4 viders, to determine whether such ap5 plications are consistent with the local 

6 plan; and 

7 (II) making recommendations to 

8 the eligible agency to promote align9 ment with such plan; and 

10 (ii) replicating cooperative agreements 

11 in accordance with subparagraph (B) of 

12 section 101(a)(11) of the Rehabilitation 

13 Act of 1973 (29 U.S.C. 721(a)(11)), and 

14 implementing cooperative agreements in 

15 accordance with that section with the local 

16 agencies administering plans under title I 

17 of that Act (29 U.S.C. 720 et seq.) (other 

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

19 U.S.C. 732, 741) and subject to section 

20 221(f)), with respect to efforts that will en21 hance the provision of services to individ22 uals with disabilities and other individuals, 

23 such as cross training of staff, technical 

24 assistance, use and sharing of information, 

25 cooperative efforts with employers, and 


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1 other efforts at cooperation, collaboration, 

2 and coordination. 

3 (C) COOPERATIVE AGREEMENT.—In this 

4 paragraph, the term ‘‘cooperative agreement’’ 

5 means an agreement entered into by a State 

6 designated agency or State designated unit 

7 under subparagraph (A) of section 101(a)(11) 

8 of the Rehabilitation Act of 1973. 

9 (12) BUDGET AND ADMINISTRATION.— 

10 (A) BUDGET.—The local board shall de11 velop a budget for the activities of the local 

12 board in the local area, consistent with the local 

13 plan and the duties of the local board under 

14 this section, subject to the approval of the chief 

15 elected official. 

16 (B) ADMINISTRATION.— 

17 (i) GRANT RECIPIENT.— 

18 (I) IN GENERAL.—The chief 

19 elected official in a local area shall 

20 serve as the local grant recipient for, 

21 and shall be liable for any misuse of, 

22 the grant funds allocated to the local 

23 area under sections 228 and 233, un24 less the chief elected official reaches 

25 an agreement with the Governor for 


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1 the Governor to act as the local grant 

2 recipient and bear such liability. 

3 (II) DESIGNATION.—In order to 

4 assist in administration of the grant 

5 funds, the chief elected official or the 

6 Governor, where the Governor serves 

7 as the local grant recipient for a local 

8 area, may designate an entity to serve 

9 as a local grant subrecipient for such 

10 funds or as a local fiscal agent. Such 

11 designation shall not relieve the chief 

12 elected official or the Governor of the 

13 liability for any misuse of grant funds 

14 as described in subclause (I). 

15 (III) DISBURSAL.—The local 

16 grant recipient or an entity designated 

17 under subclause (II) shall disburse the 

18 grant funds for workforce investment 

19 activities at the direction of the local 

20 board, pursuant to the requirements 

21 of this title and title II. The local 

22 grant recipient or entity designated 

23 under subclause (II) shall disburse the 

24 funds immediately on receiving such 

25 direction from the local board. 


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1 (ii) GRANTS AND DONATIONS.—The 

2 local board may solicit and accept grants 

3 and donations from sources other than 

4 Federal funds made available under this 

5 Act. 

6 (iii) TAX-EXEMPT STATUS.—For pur7 poses of carrying out duties under this 

8 Act, local boards may incorporate, and 

9 may operate as entities described in section 

10 501(c)(3) of the Internal Revenue Code of 

11 1986 that are exempt from taxation under 

12 section 501(a) of such Code. 

13 (13) ACCESSIBILITY FOR INDIVIDUALS WITH

14 DISABILITIES.—The local board shall annually as15 sess the physical and programmatic accessibility, in 

16 accordance with section 288 and applicable provi17 sions of the Americans with Disabilities Act of 1990 

18 (42 U.S.C. 12101 et seq.), of all one-stop centers in 

19 the local area. 

20 (e) SUNSHINE PROVISION.—The local board shall 

21 make available to the public, on a regular basis through 

22 electronic means and open meetings, information regard23 ing the activities of the local board, including information 

24 regarding the local plan prior to submission of the plan, 

25 and regarding membership, the designation and certifiVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cation of one-stop operators, and the award of grants or 

2 contracts to eligible providers of youth workforce invest3 ment activities, and on request, minutes of formal meet4 ings of the local board. 

5 (f) STAFF.— 

6 (1) IN GENERAL.—The local board may hire a 

7 director and other staff. 

8 (2) LIMITATION ON RATE.—The director and 

9 staff described in paragraph (1) shall be subject to 

10 the limitations on the payment of salaries and bo11 nuses described in section 294(15). 

12 (g) LIMITATIONS.— 

13 (1) TRAINING SERVICES.— 

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

15 subparagraph (B), no local board may provide 

16 training services. 

17 (B) WAIVERS OF TRAINING PROHIBI18 TION.—The Governor of the State in which a 

19 local board is located may, pursuant to a re20 quest from the local board, grant a written 

21 waiver of the prohibition set forth in subpara22 graph (A) (relating to the provision of training 

23 services) for a program of training services, if 

24 the local board— 


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1 (i) submits to the Governor a pro2 posed request for the waiver that in3 cludes— 

4 (I) satisfactory evidence that 

5 there is an insufficient number of eli6 gible providers of such a program of 

7 training services to meet local demand 

8 in the local area; 

9 (II) information demonstrating 

10 that the board meets the requirements 

11 for an eligible provider of training 

12 services under section 222; and 

13 (III) information demonstrating 

14 that the program of training services 

15 prepares participants for an industry 

16 sector or occupation that is in demand 

17 in the local area; 

18 (ii) makes the proposed request avail19 able to eligible providers of training serv20 ices and other interested members of the 

21 public for a public comment period of not 

22 less than 30 days; and 

23 (iii) includes, in the final request for 

24 the waiver, the evidence and information 


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1 described in clause (i) and the comments 

2 received pursuant to clause (ii). 

3 (C) DURATION.—A waiver granted to a 

4 local board under subparagraph (B) shall apply 

5 for a period that shall not exceed the duration 

6 of the local plan. The waiver may be renewed 

7 for additional periods under subsequent local 

8 plans, not to exceed the durations of such sub9 sequent plans, pursuant to requests from the 

10 local board, if the board meets the requirements 

11 of subparagraph (B) in making the requests. 

12 (D) REVOCATION.—The Governor shall 

13 have the authority to revoke the waiver during 

14 the appropriate period described in subpara15 graph (C) if the Governor determines the waiv16 er is no longer needed or that the local board 

17 involved has engaged in a pattern of inappro18 priate referrals to training services operated by 

19 the local board. 

20 (2) CORE SERVICES; INTENSIVE SERVICES; DES21 IGNATION OR CERTIFICATION AS ONE-STOP OPERA22 TORS.—A local board may provide core services de23 scribed in section 234(c)(2) or intensive services de24 scribed in section 234(c)(3) through a one-stop de25 livery system or be designated or certified as a oneVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 stop operator only with the agreement of the chief 

2 elected official in the local area and the Governor. 

3 (3) LIMITATION ON AUTHORITY.—Nothing in 

4 this Act shall be construed to provide a local board 

5 with the authority to mandate curricula for schools. 

6 (h) CONFLICT OF INTEREST.—A member of a local 

7 board, or a member of a standing committee, may not— 

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

9 local board— 

10 (A) regarding the provision of services by 

11 such member (or by an entity that such mem12 ber represents); or 

13 (B) that would provide direct financial 

14 benefit to such member or the immediate family 

15 of such member; or 

16 (2) engage in any other activity determined by 

17 the Governor to constitute a conflict of interest as 

18 specified in the State plan. 

19 (i) ALTERNATIVE ENTITY.— 

20 (1) IN GENERAL.—For purposes of complying 

21 with subsections (a), (b), and (c), a State may use 

22 any local entity (including a local council, regional 

23 workforce development board, or similar entity) 

24 that— 


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1 (A) is established to serve the local area 

2 (or the service delivery area that most closely 

3 corresponds to the local area); 

4 (B) was in existence on August 7, 1998, 

5 pursuant to State law; and 

6 (C) includes— 

7 (i) representatives of business in the 

8 local area; and 

9 (ii)(I) representatives of labor organi10 zations (for a local area in which employ11 ees are represented by labor organiza12 tions), nominated by local labor federa13 tions; or 

14 (II) other representatives of employees 

15 in the local area (for a local area in which 

16 no employees are represented by such or17 ganizations). 

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

19 core program provision to a local board, shall include 

20 a reference to such an entity. 

21 SEC. 118. LOCAL PLAN. 

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

23 and submit to the Governor a comprehensive 4-year local 

24 plan, in partnership with the chief elected official. The 

25 local plan shall support the strategy described in the State 


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1 plan in accordance with section 112(b)(1)(F), and other2 wise be consistent with the State plan. If the local area 

3 is part of a planning region, the local board shall comply 

4 with section 116(c)(1)(A) in the preparation and submis5 sion of a regional plan. At the end of the first 2-year pe6 riod of the 4-year local plan, each local board shall review 

7 the local plan and the local board, in partnership with the 

8 chief elected official, shall prepare and submit modifica9 tions to the local plan to reflect changes in labor market 

10 and economic conditions or in other factors affecting the 

11 implementation of the local plan. 

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

13 (1) a description of the strategic planning ele14 ments consisting of— 

15 (A) an analysis of the regional economic 

16 conditions including— 

17 (i) existing and emerging in-demand 

18 industry sectors and occupations; and 

19 (ii) the employment needs of employ20 ers in those industry sectors and occupa21 tions; 

22 (B) an analysis of the knowledge and skills 

23 needed to meet the employment needs of the 

24 employers in the region, including employment 


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1 needs in in-demand industry sectors and occu2 pations; 

3 (C) an analysis of the workforce in the re4 gion, including current labor force employment 

5 (and unemployment) data, and information on 

6 labor market trends, and the educational and 

7 skill levels of the workforce in the region, in8 cluding individuals with barriers to employment; 

9 (D) an analysis of the workforce develop10 ment activities (including education and train11 ing) in the region, including an analysis of the 

12 strengths and weaknesses of such services, and 

13 the capacity to provide such services, to address 

14 the identified education and skill needs of the 

15 workforce and the employment needs of employ16 ers in the region; 

17 (E) a description of the local board’s stra18 tegic vision and goals for preparing an educated 

19 and skilled workforce (including youth and indi20 viduals with barriers to employment), including 

21 goals relating to the performance accountability 

22 measures based on primary indicators of per23 formance described in section 131(b)(2)(A) in 

24 order to support regional economic growth and 

25 economic self-sufficiency; and 


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1 (F) taking into account analyses described 

2 in subparagraphs (A) through (D), a strategy 

3 to work with the entities that carry out the core 

4 programs to align resources available to the 

5 local area, to achieve the strategic vision and 

6 goals described in subparagraph (E); 

7 (2) a description of the workforce development 

8 system in the local area that identifies the programs 

9 that are included in that system and how the local 

10 board will work with the entities carrying out core 

11 programs and other workforce development pro12 grams to support alignment to provide services, in13 cluding programs of study authorized under the Carl 

14 D. Perkins Career and Technical Education Act of 

15 2006 (20 U.S.C. 2301 et seq.), that support the 

16 strategy identified in the State plan under para17 graph (1)(F); 

18 (3) a description of how the local board, work19 ing with the entities carrying out core programs, will 

20 expand access to employment, training, education, 

21 and supportive services for eligible individuals, par22 ticularly eligible individuals with barriers to employ23 ment, including how the local board will facilitate 

24 the development of career pathways and co-enroll25 ment, as appropriate, in core programs; 


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1 (4) a description of the strategies and services 

2 that will be used in the local area— 

3 (A) in order to— 

4 (i) facilitate engagement of employers, 

5 including small employers and employers in 

6 in-demand industry sectors and occupa7 tions, in workforce development programs; 

8 (ii) support a local workforce develop9 ment system that meets the needs of busi10 nesses in the local area; 

11 (iii) better coordinate workforce devel12 opment programs and economic develop13 ment; and 

14 (iv) strengthen linkages between the 

15 one-stop delivery system and unemploy16 ment insurance programs; and 

17 (B) that may include the implementation 

18 of initiatives such as incumbent worker training 

19 programs, on-the-job training programs, cus20 tomized training programs, industry and sector 

21 strategies, career pathways initiatives, utiliza22 tion of effective business intermediaries, and 

23 other business services and strategies, designed 

24 to meet the needs of employers in the corVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 responding region in support of the strategy de2 scribed in paragraph (1)(F); 

3 (5) a description of how the local board will co4 ordinate workforce investment activities carried out 

5 in the local area with economic development activi6 ties carried out in the region in which the local area 

7 is located (or planning region), and promote entre8 preneurial skills training and microenterprise serv9 ices; 

10 (6) a description of the one-stop delivery system 

11 in the local area, including— 

12 (A) a description of how the local board 

13 will ensure the continuous improvement of eligi14 ble providers of services through the system and 

15 ensure that such providers meet the employ16 ment needs of local employers, and workers and 

17 jobseekers; 

18 (B) a description of how the local board 

19 will facilitate access to services provided 

20 through the one-stop delivery system, including 

21 in remote areas, through the use of technology 

22 and through other means; 

23 (C) a description of how entities within the 

24 one-stop delivery system, including one-stop op25 erators and the one-stop partners, will comply 


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1 with section 288 and applicable provisions of 

2 the Americans with Disabilities Act of 1990 (42 

3 U.S.C. 12101 et seq.) regarding the physical 

4 and programmatic accessibility of facilities, pro5 grams and services, technology, and materials 

6 for individuals with disabilities, including pro7 viding staff training and support for addressing 

8 the needs of individuals with disabilities; and 

9 (D) a description of the roles and resource 

10 contributions of the one-stop partners; 

11 (7) a description and assessment of the type 

12 and availability of adult and dislocated worker em13 ployment and training activities in the local area; 

14 (8) a description of how the local board will co15 ordinate workforce investment activities carried out 

16 in the local area with statewide rapid response ac17 tivities, as defined in section 201, as appropriate; 

18 (9) a description and assessment of the type 

19 and availability of youth workforce investment activi20 ties in the local area, including activities for youth 

21 who are individuals with disabilities, which descrip22 tion and assessment shall include an identification of 

23 successful models of such youth workforce invest24 ment activities; 


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1 (10) a description of how the local board will 

2 coordinate education and workforce investment ac3 tivities carried out in the local area with relevant 

4 secondary and postsecondary education programs 

5 and activities to coordinate strategies, enhance serv6 ices, and avoid duplication of services; 

7 (11) a description of how the local board will 

8 coordinate workforce investment activities carried 

9 out under this title or title II in the local area with 

10 the provision of transportation, including public 

11 transportation, and other appropriate supportive 

12 services in the local area; 

13 (12) a description of plans and strategies for, 

14 and assurances concerning, maximizing coordination 

15 of services provided by the State employment service 

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

17 and services provided in the local area through the 

18 one-stop delivery system, to improve service delivery 

19 and avoid duplication of services; 

20 (13) a description of how the local board will 

21 coordinate workforce investment activities carried 

22 out under this title or title II in the local area with 

23 the provision of adult education and literacy activi24 ties under title III in the local area, including a de25 scription of how the local board will carry out, conVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 sistent with subparagraphs (A) and (B)(i) of sec2 tions 117(d)(11) and section 332, the review of local 

3 applications submitted under title III; 

4 (14) a description of the replicated cooperative 

5 agreements (as defined in section 117(d)(11)) be6 tween the local board or other local entities de7 scribed in section 101(a)(11)(B) of the Rehabilita8 tion Act of 1973 (29 U.S.C. 721(a)(11)(B)) and the 

9 local office of a designated State agency or des10 ignated State unit administering programs carried 

11 out under title I of such Act (29 U.S.C. 720 et seq.) 

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

13 U.S.C. 732, 741) and subject to section 221(f)) in 

14 accordance with section 101(a)(11) of such Act (29 

15 U.S.C. 721(a)(11)) with respect to efforts that will 

16 enhance the provision of services to individuals with 

17 disabilities and to other individuals, such as cross 

18 training of staff, technical assistance, use and shar19 ing of information, cooperative efforts with employ20 ers, and other efforts at cooperation, collaboration, 

21 and coordination; 

22 (15) an identification of the entity responsible 

23 for the disbursal of grant funds described in section 

24 117(d)(12)(B)(i)(III), as determined by the chief 


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1 elected official or the Governor under section 

2 117(d)(12)(B)(i); 

3 (16) a description of the competitive process to 

4 be used to award the subgrants and contracts in the 

5 local area for activities carried out under title I or 

6 title II; 

7 (17) a description of the local levels of perform8 ance negotiated with the Governor and chief elected 

9 official pursuant to section 131(c), to be used to 

10 measure the performance of the local area and to be 

11 used by the local board for measuring the perform12 ance of the local fiscal agent (where appropriate), el13 igible providers under title II, and the one-stop deliv14 ery system, in the local area; 

15 (18) a description of the actions the local board 

16 will take toward becoming or remaining a high-per17 forming board, consistent with the factors developed 

18 by the State board pursuant to section 111(d)(6); 

19 (19) a description of how training services 

20 under chapter 3 of subtitle B of title II will be pro21 vided in accordance with section 234(c)(4)(G), in22 cluding, if contracts for the training services will be 

23 used, how the use of such contracts will be coordi24 nated with the use of individual training accounts 

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1 sure informed customer choice in the selection of 

2 training programs regardless of how the training 

3 services are to be provided; 

4 (20) a description of the process used by the 

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

6 an opportunity for public comment, including com7 ment by representatives of businesses and comment 

8 by representatives of labor organizations, and input 

9 into the development of the local plan, prior to sub10 mission of the plan; 

11 (21) a description of how one-stop centers are 

12 implementing and transitioning to an integrated, 

13 technology-enabled intake and case management in14 formation system for programs carried out under the 

15 Act and programs carried out by one-stop partners; 

16 and 

17 (22) such other information as the Governor 

18 may require. 

19 (c) PROCESS.—Prior to the date on which the local 

20 board submits a local plan under this section, the local 

21 board shall— 

22 (1) make available copies of a proposed local 

23 plan to the public through electronic and other 

24 means, such as public hearings and local news 

25 media; 


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1 (2) allow members of the public, including rep2 resentatives of business, representatives of labor or3 ganizations, and representatives of education to sub4 mit to the local board comments on the proposed 

5 local plan, not later than the end of the 30-day pe6 riod beginning on the date on which the proposed 

7 local plan is made available; and 

8 (3) include with the local plan submitted to the 

9 Governor under this section any such comments that 

10 represent disagreement with the plan. 

11 (d) PLAN SUBMISSION AND APPROVAL.—A local plan 

12 submitted to the Governor under this section (including 

13 a modification to such a local plan) shall be considered 

14 to be approved by the Governor at the end of the 90-day 

15 period beginning on the day the Governor receives the plan 

16 (including such a modification), unless the Governor 

17 makes a written determination during the 90-day period 

18 that— 

19 (1) deficiencies in activities carried out under 

20 this title or subtitle A of title II have been identified, 

21 through audits conducted under section 284 or oth22 erwise, and the local area has not made acceptable 

23 progress in implementing corrective measures to ad24 dress the deficiencies; 


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1 (2) the plan does not comply with the applicable 

2 provisions of this Act; or 

3 (3) the plan does not align with the State plan, 

4 including failing to provide for alignment of the core 

5 programs to support the strategy identified in the 

6 State plan in accordance with section 112(b)(1)(F). 

7 CHAPTER 3—GENERAL PROVISIONS 

8 SEC. 121. QUALIFICATIONS FOR DIRECTORS. 

9 (a) DEVELOPMENT OF GUIDELINES.— 

10 (1) DEVELOPMENT.—Not later than 3 months 

11 after the date of enactment of this Act, the Sec12 retary of Labor, in consultation with the Secretary 

13 of Education, shall initiate a process to develop 

14 guidelines for qualifications for the position of direc15 tor (which may be known as an executive director or 

16 chief executive officer, or by a similar title) of State 

17 boards and local boards. 

18 (2) CONSULTATION.—The Secretary shall so19 licit and consider advice from a diverse set of par20 ties, drawn from each of the following groups: 

21 (A) Representatives of Federal, State, re22 gional, and local officials responsible for the ad23 ministration of one-stop partner programs, as 

24 well as other workforce development programs 

25 the Secretary determines are appropriate. 


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1 (B) Representatives of State boards and 

2 local boards, including representatives of the di3 rectors of such boards. 

4 (C) Individuals with relevant expertise in 

5 workforce development representing entities 

6 such as national associations and organizations, 

7 academic and research organizations, labor or8 ganizations, businesses and business organiza9 tions, economic development entities, institu10 tions of higher education, community-based or11 ganizations and intermediaries, and philan12 thropic organizations. 

13 (3) QUALIFICATIONS.—In developing guidelines 

14 for qualifications for the directors of State boards 

15 and local boards under this section, the Secretary 

16 shall analyze and determine the requisite knowledge, 

17 skills, and abilities necessary to assist the boards in 

18 carrying out the functions described in, as appro19 priate, sections 111(d) and 117(d) and necessary for 

20 understanding and leadership of workforce develop21 ment systems. 

22 (b) IDENTIFICATION OF GUIDELINES.—Not later 

23 than 15 months after the date of enactment of this Act, 

24 the Secretary of Labor, in consultation with the Secretary 

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1 tions the Secretary of Labor determines are appropriate 

2 for the directors of State boards and local boards and shall 

3 disseminate such guidelines to the public, Governors, and 

4 chief elected officials, and to State boards and local boards 

5 for their consideration and use in hiring such directors. 

6 The Secretary of Labor may provide technical assistance 

7 to State boards and local boards relating to the use of 

8 such guidelines. 

9 (c) PERIODIC REVIEW.—The Secretary of Labor, in 

10 consultation with the Secretary of Education, shall peri11 odically review the guideline identified under this section 

12 for qualifications for the directors of State boards and 

13 local boards and, after consultation with the individuals 

14 referenced in subsection (a)(2), may issue such revised 

15 guidelines, in accordance with this section, as the Sec16 retary determines to be appropriate. 

17 SEC. 122. FUNDING OF STATE AND LOCAL BOARDS. 

18 (a) STATE BOARDS.—In funding a State board under 

19 this subtitle, a State— 

20 (1) shall use funds available as described in sec21 tion 229(b)(2) or 234(a)(3)(B); or 

22 (2) may use non-Federal funds available to the 

23 State that the State determines are appropriate and 

24 available for that use. 


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1 (b) LOCAL BOARDS.—In funding a local board under 

2 this subtitle, the chief elected official and local board for 

3 the local area— 

4 (1) shall use funds available as described in sec5 tion 228(b)(4); or 

6 (2) may use non-Federal funds available to the 

7 local area that the chief elected official and local 

8 board determine are appropriate and available for 

9 that use. 

10 Subtitle B—Workforce Develop11 ment Performance Account12 ability System 

13 SEC. 131. PERFORMANCE ACCOUNTABILITY SYSTEM. 

14 (a) PURPOSE.—The purpose of this section is to es15 tablish performance accountability measures that apply— 

16 (1) across the core programs to assess the ef17 fectiveness of States in achieving positive outcomes 

18 for individuals served by those programs; and 

19 (2) across the title II core programs to assess 

20 the effectiveness of local areas in achieving positive 

21 outcomes for individuals served by those programs. 

22 (b) STATE PERFORMANCE ACCOUNTABILITY MEAS23 URES.— 


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1 (1) IN GENERAL.—For each State, the perform2 ance accountability measures for the core programs 

3 shall consist of— 

4 (A)(i) the primary indicators of perform5 ance described in paragraph (2)(A); and 

6 (ii) the additional indicators of perform7 ance (if any) identified by the State under 

8 paragraph (2)(B); and 

9 (B) a State adjusted level of performance 

10 for each indicator described in subparagraph 

11 (A). 

12 (2) INDICATORS OF PERFORMANCE.— 

13 (A) PRIMARY INDICATORS OF PERFORM14 ANCE.— 

15 (i) IN GENERAL.—The State primary 

16 indicators of performance for activities 

17 provided under the adult and dislocated 

18 worker programs authorized under chapter 

19 3 of subtitle B of title II, the program of 

20 adult education and literacy activities au21 thorized under title III, the employment 

22 services program authorized under sections 

23 1 through 13 of the Wagner-Peyser Act 

24 (29 U.S.C. 49 et seq.) (except that sub25 clauses (IV) and (V) shall not apply to 


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1 such program), and the program author2 ized under title I of the Rehabilitation Act 

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

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

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

6 (I) the percentage of program 

7 participants who are employed during 

8 the second quarter after exit from the 

9 program; 

10 (II) the percentage of program 

11 participants who are employed during 

12 the fourth quarter after exit from the 

13 program; 

14 (III) the median earnings of pro15 gram participants who are employed 

16 during the second quarter after exit 

17 from the program; 

18 (IV) the percentage of program 

19 participants who obtain a recognized 

20 postsecondary credential, or a sec21 ondary school diploma or its recog22 nized equivalent (subject to clause 

23 (iii)), during participation in or within 

24 1 year after exit from the program; 


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1 (V) the percentage of program 

2 participants who, during a program 

3 year, are in an education or training 

4 program that leads to a recognized 

5 postsecondary credential or employ6 ment and who are achieving measur7 able skill gains toward such a creden8 tial or employment; and 

9 (VI) the indicators of effective10 ness in serving employers established 

11 pursuant to clause (iv). 

12 (ii) PRIMARY INDICATORS FOR ELIGI13 BLE YOUTH.—The primary indicators of 

14 performance for the youth program au15 thorized under chapter 2 of subtitle B of 

16 title II shall consist of— 

17 (I) the percentage of program 

18 participants who are in education or 

19 training activities, or employed, dur20 ing the second quarter after exit from 

21 the program; 

22 (II) the percentage of program 

23 participants who are in education or 

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1 ing the fourth quarter after exit from 

2 the program; 

3 (III) the median earnings of pro4 gram participants who are employed 

5 during the second quarter after exit 

6 from the program; 

7 (IV) the percentage of program 

8 participants who obtain a recognized 

9 postsecondary credential described in 

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

11 diploma or its recognized equivalent 

12 subject to clause (iii), during partici13 pation in or within 1 year after exit 

14 from the program; 

15 (V) the percentage of program 

16 participants who, during a program 

17 year, are in an education or training 

18 program that leads to a recognized 

19 postsecondary credential or employ20 ment and who are achieving measur21 able skill gains toward such a creden22 tial or employment; and 

23 (VI) the indicators of effective24 ness in serving employers established 

25 pursuant to clause (iv). 


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1 (iii) INDICATOR RELATING TO CRE2 DENTIAL.—For purposes of clause (i)(IV) 

3 or (ii)(IV), program participants who ob4 tain a secondary school diploma or its rec5 ognized equivalent shall be included in the 

6 percentage counted as meeting the cri7 terion under such clause only if such par8 ticipants, in addition to obtaining such di9 ploma or its recognized equivalent, have 

10 obtained or retained employment or are in 

11 an education or training program leading 

12 to a recognized postsecondary credential 

13 described in clause (i)(IV) within 1 year 

14 after exit from the program. 

15 (iv) INDICATOR FOR SERVICES TO EM16 PLOYERS.—Prior to the commencement of 

17 the second full program year after the date 

18 of enactment of this Act, for purposes of 

19 clauses (i)(VI) and (ii)(VI), the Secretary 

20 of Labor and the Secretary of Education, 

21 after consultation with the representatives 

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

23 develop and establish, for purposes of this 

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1 tiveness of the core programs in serving 

2 employers. 

3 (B) ADDITIONAL INDICATORS.—A State 

4 may identify in the State plan additional per5 formance accountability indicators. 

6 (3) LEVELS OF PERFORMANCE.— 

7 (A) STATE ADJUSTED LEVELS OF PER8 FORMANCE FOR PRIMARY INDICATORS.— 

9 (i) IN GENERAL.—For each State sub10 mitting a State plan, there shall be estab11 lished, in accordance with this subpara12 graph, levels of performance for each of 

13 the corresponding primary indicators of 

14 performance described in paragraph (2) for 

15 each of the programs described in clause 

16 (ii). 

17 (ii) INCLUDED PROGRAMS.—The pro18 grams included under clause (i) are— 

19 (I) the youth program authorized 

20 under chapter 2 of subtitle B of title 

21 II; 

22 (II) the adult program authorized 

23 under chapter 3 of subtitle B of title 

24 II; 


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1 (III) the dislocated worker au2 thorized under chapter 3 of subtitle B 

3 of title II; 

4 (IV) the program of adult edu5 cation and literacy activities author6 ized under title III; 

7 (V) the employment services pro8 gram authorized under sections 1 

9 through 13 of the Wagner-Peyser Act 

10 (29 U.S.C. 49 et seq.); and 

11 (VI) the program authorized 

12 under title I of the Rehabilitation Act 

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

14 than section 112 or part C of that 

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

16 (iii) IDENTIFICATION IN STATE

17 PLAN.—Each State shall identify, in the 

18 State plan, expected levels of performance 

19 for each of the corresponding primary indi20 cators of performance for each of the pro21 grams described in clause (ii) for the first 

22 2 program years covered by the State plan. 

23 (iv) AGREEMENT ON STATE AD24 JUSTED LEVELS OF PERFORMANCE.— 


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1 (I) FIRST 2 YEARS.—The State 

2 shall reach agreement with the Sec3 retary of Labor and the Secretary of 

4 Education on levels of performance 

5 for each indicator described in clause 

6 (iii) for each of the programs de7 scribed in clause (ii) for each of the 

8 first 2 program years covered by the 

9 State plan. In reaching the agree10 ment, the State and Secretaries shall 

11 take into account the levels identified 

12 in the State plan under clause (iii) 

13 and the factors described in clause 

14 (v). The levels agreed to shall be con15 sidered to be the State adjusted levels 

16 of performance for the State for such 

17 program years and shall be incor18 porated into the State plan prior to 

19 the approval of such plan. 

20 (II) THIRD AND FOURTH

21 YEAR.—The State and the Secretaries 

22 shall reach agreement, prior to the 

23 third program year covered by the 

24 State plan, on levels of performance 

25 for each indicator described in clause 


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1 (iii) for each of the programs de2 scribed in clause (ii) for each of the 

3 third and fourth program years cov4 ered by the State plan. In reaching 

5 the agreement, the State and Secre6 taries shall take into account the fac7 tors described in clause (v). The levels 

8 agreed to shall be considered to be the 

9 State adjusted levels of performance 

10 for the State for such program years 

11 and shall be incorporated into the 

12 State plan as a modification to the 

13 plan. 

14 (v) FACTORS.—In reaching the agree15 ments described in clause (iv), the State 

16 and Secretaries shall— 

17 (I) take into account how the lev18 els involved compare with the State 

19 adjusted levels of performance estab20 lished for other States; 

21 (II) ensure that the levels in22 volved are adjusted, using the objec23 tive statistical model established by 

24 the Secretaries pursuant to clause 

25 (viii), based on— 


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1 (aa) the differences among 

2 States in actual economic condi3 tions (including differences in un4 employment rates and job losses 

5 or gains in particular industries); 

6 and 

7 (bb) the characteristics of 

8 participants when the partici9 pants entered the program in10 volved, including indicators of 

11 poor work history, lack of work 

12 experience, lack of educational or 

13 occupational skills attainment, 

14 dislocation from high-wage and 

15 high-benefit employment, low lev16 els of literacy or English pro17 ficiency, disability status, home18 lessness, ex-offender status, and 

19 welfare dependency); 

20 (III) take into account the extent 

21 to which the levels involved promote 

22 continuous improvement in perform23 ance accountability on the perform24 ance accountability measures by such 


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1 State and ensure optimal return on 

2 the investment of Federal funds; and 

3 (IV) take into account the extent 

4 to which the levels involved will assist 

5 the State in meeting the goals de6 scribed in clause (vi). 

7 (vi) GOALS.—In order to promote en8 hanced performance outcomes and to facili9 tate the process of reaching agreements 

10 with the States under clause (iv), the Sec11 retary of Labor and the Secretary of Edu12 cation shall establish performance goals for 

13 the core programs, in accordance with the 

14 Government Performance and Results Act 

15 of 1993 and in consultation with States 

16 and other appropriate parties. Such goals 

17 shall be long-term goals for the adjusted 

18 levels of performance to be achieved by 

19 each of the programs described in clause 

20 (ii) regarding the corresponding primary 

21 indicators of performance described in 

22 paragraph (2)(A). 

23 (vii) REVISIONS BASED ON ECONOMIC

24 CONDITIONS AND INDIVIDUALS SERVED

25 DURING THE PROGRAM YEAR.—The SecVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 retary of Labor and the Secretary of Edu2 cation shall, in accordance with the objec3 tive statistical model developed pursuant to 

4 clause (viii), revise the State adjusted lev5 els of performance applicable for each of 

6 the programs described in clause (ii), for a 

7 program year and a State, to reflect the 

8 actual economic conditions and characteris9 tics of participants (as described in clause 

10 (v)(II)) in that program during such pro11 gram year in such State. 

12 (viii) STATISTICAL ADJUSTMENT

13 MODEL.—The Secretary of Labor and the 

14 Secretary of Education, after consultation 

15 with the representatives described in sub16 section (h)(2), shall develop and dissemi17 nate an objective statistical model that will 

18 be used to make the adjustments in the 

19 State adjusted levels of performance for 

20 actual economic conditions and characteris21 tics of participants under clauses (v) and 

22 (vii). 

23 (B) LEVELS OF PERFORMANCE FOR ADDI24 TIONAL INDICATORS.—The State may identify, 

25 in the State plan, State levels of performance 


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1 for each of the additional indicators identified 

2 under paragraph (2)(B). Such levels shall be 

3 considered to be State adjusted levels of per4 formance for purposes of this section. 

5 (c) LOCAL PERFORMANCE ACCOUNTABILITY MEAS6 URES FOR TITLE II.— 

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

8 State designated under section 116, the local per9 formance accountability measures for each of the 

10 programs described in subclauses (I) through (III) 

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

12 (A)(i) the primary indicators of perform13 ance described in subsection (b)(2)(A) that are 

14 applicable to such programs; and 

15 (ii) additional indicators of performance, if 

16 any, identified by the State for such programs 

17 under subsection (b)(2)(B); and 

18 (B) the local level of performance for each 

19 indicator described in subparagraph (A). 

20 (2) LOCAL LEVEL OF PERFORMANCE.—The 

21 local board, the chief elected official, and the Gov22 ernor shall negotiate and reach agreement on local 

23 levels of performance based on the State adjusted 

24 levels of performance established under subsection 

25 (b)(3)(A). 


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1 (3) ADJUSTMENT FACTORS.—In negotiating the 

2 local levels of performance, the local board, the chief 

3 elected official, and the Governor shall make adjust4 ments for the expected economic conditions and the 

5 expected characteristics of participants to be served 

6 in the local area, using the statistical adjustment 

7 model developed pursuant to subsection 

8 (b)(3)(A)(viii). In addition, the negotiated local lev9 els of performance applicable to a program year 

10 shall be revised to reflect the actual economic condi11 tions experienced and the characteristics of the pop12 ulations served in the local area during such pro13 gram year using the statistical adjustment model. 

14 (d) PERFORMANCE REPORTS.— 

15 (1) IN GENERAL.—Not later than 12 months 

16 after the date of enactment of this Act, the Sec17 retary of Labor and the Secretary of Education shall 

18 jointly develop a template for performance reports 

19 that shall be used by States, local boards, and eligi20 ble providers of training services under section 222 

21 to report on outcomes achieved by the core pro22 grams. In developing such templates, the Secretary 

23 of Labor and the Secretary of Education will take 

24 into account the need to maximize the value of the 

25 templates for workers, jobseekers, employers, local 


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1 elected officials, State officials, Federal policy2 makers, and other key stakeholders. 

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

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

6 (A) information specifying the levels of 

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

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

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

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

13 (B) information specifying the levels of 

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

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

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

20 such individuals, and by race, ethnicity, sex, 

21 and age; 

22 (C) the total number of participants served 

23 by each of the programs described in subsection 

24 (b)(3)(A)(ii), and the types of services provided; 


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1 (D) the number of individuals with bar2 riers to employment served by each of the pro3 grams described in subsection (b)(3)(A)(ii), 

4 disaggregated by each subpopulation of such in5 dividuals; 

6 (E) the number of participants who are en7 rolled in more than 1 of the programs described 

8 in subsection (b)(3)(A)(ii); and 

9 (F) other information that facilitates com10 parisons of programs with programs in other 

11 States. 

12 (3) CONTENTS OF LOCAL AREA PERFORMANCE

13 REPORTS.—The performance reports for a local area 

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

15 (A) information specifying the levels of 

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

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

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

23 (B) information specifying the levels of 

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


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

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

4 with barriers to employment, disaggregated by 

5 each subpopulation of such individuals, and by 

6 race, ethnicity, sex, and age; 

7 (C) the total number of participants served 

8 by each of the programs described in subclauses 

9 (I) through (III) of subsection (b)(3)(A)(ii), 

10 and the types of services provided; 

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

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

15 each subpopulation of such individuals; 

16 (E) the number of participants who are en17 rolled in any of the programs described in sub18 clauses (I) through (III) of subsection 

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

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

21 and 

22 (F) other information that facilitates com23 parisons of programs with programs in other 

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


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

3 report for an eligible provider of training services 

4 under section 222 shall include, subject to para5 graph (5)(C), with respect to each program of study 

6 (or the equivalent) of such provider— 

7 (A) information specifying the levels of 

8 performance achieved with respect to the pri9 mary indicators of performance described in 

10 subclauses (I) through (IV) of subsection 

11 (b)(2)(A)(i) with respect to all individuals en12 gaging in the program of study (or the equiva13 lent); 

14 (B) the total number of individuals engag15 ing in the program of study (or the equivalent); 

16 (C) the total number of participants served 

17 by each of the adult program and the dislocated 

18 worker program authorized under chapter 3 of 

19 subtitle B of title II; and 

20 (D) the number of individuals with bar21 riers to employment served by each of the adult 

22 program and the dislocated worker program au23 thorized under chapter 3 of subtitle B of title 

24 II, disaggregated by each subpopulation of such 

25 individuals, and by race, ethnicity, sex, and age. 


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1 (5) PUBLICATION.— 

2 (A) STATE PERFORMANCE REPORTS.—The 

3 Secretary of Labor and the Secretary of Edu4 cation shall annually make available (including 

5 by electronic means), in an easily understand6 able format, the performance reports for States 

7 containing the information described in para8 graph (2). 

9 (B) LOCAL AREA AND ELIGIBLE TRAINING

10 PROVIDER PERFORMANCE REPORTS.—The 

11 State shall make available (including by elec12 tronic means), in an easily understandable for13 mat, the performance reports for the local areas 

14 containing the information described in para15 graph (3) and the performance reports for eligi16 ble providers of training services containing the 

17 information described in paragraph (4). 

18 (C) RULES FOR REPORTING OF DATA.— 

19 The disaggregation of data under this sub20 section shall not be required when the number 

21 of participants in a category is insufficient to 

22 yield statistically reliable information or when 

23 the results would reveal personally identifiable 

24 information about an individual participant. 


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1 (D) DISSEMINATION TO CONGRESS.—The 

2 Secretary of Labor and the Secretary of Edu3 cation shall make available (including by elec4 tronic means) a summary of the reports, and 

5 the reports, required under this subsection to 

6 the Committee on Education and the Workforce 

7 of the House of Representatives and the Com8 mittee on Health, Education, Labor, and Pen9 sions of the Senate. 

10 (e) EVALUATION OF STATE PROGRAMS.— 

11 (1) IN GENERAL.—Using funds authorized 

12 under a core program and made available to carry 

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

14 boards in the State and the State agencies respon15 sible for the administration of the core programs, 

16 shall conduct ongoing evaluations of activities car17 ried out in the State under such programs. The 

18 State, local boards, and State agencies shall conduct 

19 the evaluations in order to promote, establish, imple20 ment, and utilize methods for continuously improv21 ing core program activities in order to achieve high22 level performance within, and high-level outcomes 

23 from, the workforce development system. The State 

24 shall coordinate the evaluations with the evaluations 

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1 retary of Education under section 172, section 

2 342(c)(3)(E), section 10(b) of the Wagner-Peyser 

3 Act (29 U.S.C. 49i(b)), and sections 12(a)(5), 14, 

4 and 107 of the Rehabilitation Act of 1973 (29 

5 U.S.C. 709(a)(5), 711, 727) (applied with respect to 

6 programs carried out under title I of that Act (29 

7 U.S.C. 720 et seq.)). 

8 (2) DESIGN.—The evaluations conducted under 

9 this subsection shall be designed in conjunction with 

10 the State board, State agencies responsible for the 

11 administration of the core programs, and local 

12 boards and shall include analysis of customer feed13 back and outcome and process measures in the 

14 statewide workforce development system. The eval15 uations shall use designs that employ the most rig16 orous analytical and statistical methods that are rea17 sonably feasible, such as the use of control groups. 

18 (3) RESULTS.—The State shall annually pre19 pare, submit to the State board and local boards in 

20 the State, and make available to the public (includ21 ing by electronic means), reports containing the re22 sults of evaluations conducted under this subsection, 

23 to promote the efficiency and effectiveness of the 

24 workforce development system. 


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1 (4) COOPERATION WITH FEDERAL EVALUA2 TIONS.—The State shall cooperate in the conduct of 

3 evaluations (including related research projects) pro4 vided for by the Secretary of Labor or the Secretary 

5 of Education under the provisions of Federal law 

6 identified in paragraph (1). Such cooperation shall 

7 include the provision of data (in accordance with ap8 propriate privacy protections established by the Sec9 retary of Labor), the provision of responses to sur10 veys, and allowing site visits in a timely manner, for 

11 the Secretaries or their agents. 

12 (f) SANCTIONS FOR STATE FAILURE TO MEET

13 STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 

14 (1) STATES.— 

15 (A) TECHNICAL ASSISTANCE.—If a State 

16 fails to meet the State adjusted levels of per17 formance relating to indicators described in 

18 subsection (b)(2)(A) for a program for any pro19 gram year, the Secretary of Labor and the Sec20 retary of Education shall provide technical as21 sistance, including assistance in the develop22 ment of a performance improvement plan. 

23 (B) REDUCTION IN AMOUNT OF GRANT.— 

24 If such failure continues for a second consecu25 tive year, or if a State fails to submit a report 


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1 under subsection (d) for any program year, the 

2 Secretary of Labor or the Secretary of Edu3 cation, as appropriate, may reduce by not more 

4 than 5 percent, the amount of the allotment 

5 that would (in the absence of this paragraph) 

6 be payable to the State under such program for 

7 the immediately succeeding program year. Such 

8 penalty shall be based on the degree of failure 

9 to meet State adjusted levels of performance. 

10 (2) FUNDS RESULTING FROM REDUCED ALLOT11 MENTS.—The Secretary of Labor or the Secretary of 

12 Education, as appropriate, shall use any amount re13 tained, as a result of a reduction in an allotment to 

14 a State made under paragraph (1)(B), to provide 

15 technical assistance to the States the Secretaries de16 termine to be appropriate to improve the perform17 ance of their core programs. 

18 (g) SANCTIONS FOR LOCAL AREA FAILURE TO MEET

19 LOCAL PERFORMANCE ACCOUNTABILITY MEASURES.— 

20 (1) TECHNICAL ASSISTANCE.—If a local area 

21 fails to meet local performance accountability meas22 ures established under subsection (c) for the youth, 

23 adult, or dislocated worker program authorized 

24 under chapter 2 or 3 of subtitle B of title II for a 

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


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

2 Governor, the Secretary of Labor, shall provide tech3 nical assistance, which may include assistance in the 

4 development of a performance improvement plan, or 

5 the development of a modified local plan (or regional 

6 plan). 

7 (2) CORRECTIVE ACTIONS.— 

8 (A) IN GENERAL.—If such failure con9 tinues for a second consecutive year, the Gov10 ernor shall take corrective actions, which shall 

11 include development of a reorganization plan 

12 through which the Governor may— 

13 (i) require the appointment and cer14 tification of a new local board, consistent 

15 with the criteria established under section 

16 117(b)(1); 

17 (ii) prohibit the use of eligible pro18 viders and one-stop partners identified as 

19 achieving a poor level of performance; 

20 (iii) redesignate the local area in ac21 cordance with section 116; or 

22 (iv) take such other actions as the 

23 Governor determines are appropriate. 

24 (B) APPEAL BY LOCAL AREA.— 


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1 (i) APPEAL TO GOVERNOR.—The local 

2 board and chief elected official for a local 

3 area that is subject to a reorganization 

4 plan under subparagraph (A) may, not 

5 later than 30 days after receiving notice of 

6 the reorganization plan, appeal to the Gov7 ernor to rescind or revise such plan. In 

8 such case, the Governor shall make a final 

9 decision not later than 30 days after the 

10 receipt of the appeal. 

11 (ii) SUBSEQUENT ACTION.—The local 

12 board and chief elected official for a local 

13 area may, not later than 30 days after re14 ceiving a decision from the Governor pur15 suant to clause (i), appeal such decision to 

16 the Secretary of Labor. In such case, the 

17 Secretary shall make a final decision not 

18 later than 30 days after the receipt of the 

19 appeal. 

20 (C) EFFECTIVE DATE.—The decision made 

21 by the Governor under subparagraph (B)(i) 

22 shall become effective at the time the Governor 

23 issues the decision pursuant to such clause. 

24 Such decision shall remain effective unless the 


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1 Secretary of Labor rescinds or revises such plan 

2 pursuant to subparagraph (B)(ii). 

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

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

8 after consultation with representatives described in 

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

11 (2) REPRESENTATIVES.—The representatives 

12 referred to in paragraph (1) are representatives of 

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

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

17 responsibility for the programs carried out through 

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

20 other interested parties. 

21 (i) FISCAL AND MANAGEMENT ACCOUNTABILITY IN22 FORMATION SYSTEMS.— 

23 (1) IN GENERAL.—Using funds authorized 

24 under a core program and made available to carry 

25 out this subtitle, the Governor, in coordination with 


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1 the State board, the State agencies administering 

2 the core programs, local boards, and chief elected of3 ficials in the State, shall establish and operate a fis4 cal and management accountability information sys5 tem based on guidelines established by the Secretary 

6 of Labor and the Secretary of Education after con7 sultation with the Governors of States, chief elected 

8 officials, and one-stop partners. Such guidelines 

9 shall promote efficient collection and use of fiscal 

10 and management information for reporting and 

11 monitoring the use of funds authorized under the 

12 core programs and for preparing the annual report 

13 described in subsection (d). 

14 (2) WAGE RECORDS.—In measuring the 

15 progress of the State on State and local performance 

16 accountability measures, a State shall utilize quar17 terly wage records, consistent with State law. The 

18 Secretary of Labor shall make arrangements, con19 sistent with State law, to ensure that the wage 

20 records of any State are available to any other State 

21 to the extent that such wage records are required by 

22 the State in carrying out the State plan of the State 

23 or completing the annual report described in sub24 section (d). 


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1 (3) CONFIDENTIALITY.—In carrying out the re2 quirements of this Act, the State shall comply with 

3 section 444 of the General Education Provisions Act 

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

5 Subtitle C—Workforce Innovation 

6 and Replication Grants 

7 SEC. 141. PURPOSES. 

8 The purposes of this subtitle are— 

9 (1) to promote the development of comprehen10 sive workforce development systems at the State, re11 gional, and local levels that reflect the alignment of 

12 strategies and activities across the core programs 

13 and, where appropriate, across other workforce de14 velopment, education, economic development, and 

15 human services programs, to provide effective, high 

16 quality, and client-centered services to job seekers 

17 and workers, youth, and employers; 

18 (2) to promote innovation and to improve, rep19 licate, and expand models and service delivery strat20 egies— 

21 (A) that are of demonstrated effectiveness 

22 in meeting the education, training, and employ23 ment needs of job seekers and workers, and 

24 youth, including such individuals with barriers 

25 to employment, and employers; and 


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1 (B) that may include— 

2 (i) industry and sector strategies, ca3 reer pathway models, and other examples 

4 of models and strategies involving inte5 grated partnerships; 

6 (ii) models or strategies that utilize 

7 pay for performance, prior learning, or re8 tention grants; or 

9 (iii) models or strategies that address 

10 areas of high poverty or individuals who 

11 are long-term unemployed, and that lead to 

12 economic self-sufficiency; and 

13 (3) to establish and improve programs for 

14 youth that engage, recover, and connect youth by 

15 providing access to career pathways that include the 

16 attainment of a recognized postsecondary credential 

17 and employment that leads to economic self-suffi18 ciency. 

19 SEC. 142. WORKFORCE INNOVATION AND REPLICATION 

20 GRANTS. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 such sums as may be necessary for each of fiscal years 

24 2014 through 2018. 


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1 (b) WORKFORCE INNOVATION AND REPLICATION

2 GRANTS TO ELIGIBLE ENTITIES.— 

3 (1) IN GENERAL.—From funds described in 

4 subsection (a), the Secretary of Labor and the Sec5 retary of Education shall award workforce innova6 tion and replication grants on a competitive basis to 

7 eligible entities. 

8 (2) USE OF FUNDS.—The grants awarded 

9 under this subsection shall be used to support inno10 vative new strategies and activities, which may in11 clude strategies and activities with proven effective12 ness in 2 or more noncontiguous areas, or the rep13 lication and expansion of effective evidence-based 

14 strategies and activities, such as on-the-job training, 

15 that are designed to align programs and strengthen 

16 the workforce development system in a State or re17 gion, consistent with the workforce development 

18 plans under this Act for such State or region, in 

19 order to substantially improve the education and em20 ployment outcomes for adults and youth served by 

21 such system and the services provided to employers 

22 under such system. 

23 (3) ELIGIBLE ENTITIES.— 

24 (A) IN GENERAL.—To be eligible to receive 

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1 ship or regional entity shall meet the require2 ments of this paragraph and submit an applica3 tion in accordance with paragraph (4). 

4 (B) STATE PARTNERSHIP.—For a State 

5 partnership to be eligible for funding under this 

6 subsection, a Governor of a State shall— 

7 (i) submit the application in partner8 ship with the State board and with 1 or 

9 more regional entities in the State de10 scribed in subparagraph (C); and 

11 (ii) demonstrate that the State has— 

12 (I) aligned the core programs; 

13 (II) made significant progress to14 wards aligning the core programs with 

15 other workforce development pro16 grams; and 

17 (III) achieved the alignments de18 scribed in subclauses (I) and (II) con19 sistent with the State plan. 

20 (C) REGIONAL ENTITIES.—To be identified 

21 as a regional entity and to be eligible for fund22 ing under this subsection, a local board for a 

23 local area that is aligned with a region, or all 

24 of the local boards for local areas that comprise 


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1 a planning region under section 116(c), shall 

2 demonstrate that— 

3 (i) the application has been developed 

4 in consultation with the State and is not 

5 duplicative of other applications under this 

6 subsection submitted by a State partner7 ship; and 

8 (ii) the local board, or all of the local 

9 boards for the planning region, has— 

10 (I) worked with the core pro11 grams to achieve alignment of such 

12 programs in the region; 

13 (II) made significant progress to14 wards aligning the core programs with 

15 other workforce development pro16 grams in the region; and 

17 (III) achieved the alignments de18 scribed in subclauses (I) and (II) con19 sistent with the State plan. 

20 (4) APPLICATION.—An eligible entity seeking to 

21 receive a grant under this subsection shall submit to 

22 the Secretary of Labor and the Secretary of Edu23 cation an application at such time, in such manner, 

24 and containing such information, consistent with 

25 this paragraph, as the Secretaries may require. Each 


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1 such application shall describe the innovation and 

2 replication strategies and activities, and any waivers, 

3 in accordance with appropriate authorizing statutes, 

4 necessary to implement such strategies and activi5 ties, that the eligible entity will carry out to 

6 strengthen the workforce development system in the 

7 State or region in order to substantially improve the 

8 education and employment outcomes for individuals 

9 served by such system and the services provided to 

10 employers under such system, including— 

11 (A) a description of the region in the State 

12 or the State, as appropriate, that will be the 

13 focus of grant activities, including analyses of 

14 economic conditions, skill needs, the workforce, 

15 and the workforce development services (includ16 ing the strengths and weaknesses of such serv17 ices and the capacity to provide such services) 

18 that are relevant to the proposed strategies and 

19 activities that would be carried out under the 

20 grant; 

21 (B) a description of the populations to be 

22 served, including individuals with barriers to 

23 employment, and the skill needs of those popu24 lations; 


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1 (C) a description of the promising strate2 gies and activities the eligible entity is pro3 posing to demonstrate, or the evidence-based 

4 strategies and activities that the eligible entity 

5 is proposing to expand or replicate; 

6 (D) a description of how, in carrying out 

7 such strategies and activities, the entity will— 

8 (i) collaborate to leverage resources 

9 among strategic partners to achieve the 

10 purposes of the grant, and to provide the 

11 matching share described in paragraph 

12 (5)(B); and 

13 (ii) ensure the sustainability of the 

14 programs and activities supported by the 

15 grant after grant funds are no longer 

16 available; 

17 (E) a description of how the strategies and 

18 activities will be aligned with the State plan and 

19 the local plans in the region of the State that 

20 will be the focus of grant activities; 

21 (F) a description of the outcomes, includ22 ing outcomes for the performance accountability 

23 measures based on indicators described in sec24 tion 131(b)(2)(A)(i), to be achieved by the pro25 posed strategies and activities; and 


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1 (G) a description of how the eligible entity 

2 will— 

3 (i) use technology; 

4 (ii) collect data; 

5 (iii) make data publicly available; and 

6 (iv) use technology and data to im7 prove program delivery, activities, and ad8 ministration. 

9 (5) MATCHING REQUIREMENTS; SUPPLEMENT, 

10 NOT SUPPLANT.— 

11 (A) INNOVATION FUND SHARE.—The 

12 amount of the share of the funds provided 

13 under paragraph (1) shall be not greater than 

14 50 percent of the cost of the programs and ac15 tivities that are carried out under the grant. 

16 (B) MATCHING SHARE.— 

17 (i) IN GENERAL.— 

18 (I) AMOUNT.—The amount of 

19 the matching share under this sub20 section for a program year may not be 

21 less than 50 percent of the costs of 

22 the programs and activities that are 

23 carried out under the grant. 


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1 (II) IN CASH OR IN KIND.—The 

2 matching share may be in cash or in 

3 kind (fairly evaluated). 

4 (III) SOURCES OF MATCHING

5 SHARE.— 

6 (aa) IN GENERAL.—Not 

7 more than 50 percent of the 

8 matching share required under 

9 this subsection may be provided 

10 from Federal resources, of which 

11 not less than 50 percent shall be 

12 provided from Federal resources 

13 from the partner programs iden14 tified in the application other 

15 than resources provided under 

16 the core programs. 

17 (bb) NON-FEDERAL

18 SOURCES.—Non-Federal sources 

19 for the matching share may in20 clude State resources, local re21 sources, contributions from pri22 vate organizations, or a combina23 tion of such resources and con24 tributions. 


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1 (ii) FINANCIAL HARDSHIP WAIVER.— 

2 The Secretary of Labor and the Secretary 

3 of Education may waive or reduce the 

4 matching share of an eligible entity that 

5 has submitted an application under this 

6 subsection if such entity demonstrates a 

7 need for such waiver or reduction due to 

8 extreme financial hardship as jointly de9 fined by the Secretary of Labor and the 

10 Secretary of Education. 

11 (C) SUPPLEMENT, NOT SUPPLANT.—The 

12 Federal and matching share required by this 

13 subsection shall be used to supplement and not 

14 supplant other Federal and State funds used to 

15 carry out activities described in this subsection. 

16 (6) GRANT PERIOD.—Grants awarded under 

17 this subsection shall be awarded for periods of not 

18 more than 3 years in duration and may not be re19 newed. 

20 (7) GEOGRAPHIC DIVERSITY.—In awarding 

21 grants under this subsection, the Secretary of Labor 

22 and the Secretary of Education shall take into con23 sideration the geographic diversity, and diversity 

24 with respect to population density, of the areas in 

25 which projects will be carried out under this section. 


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1 (8) REPORTING.—The Secretary of Labor and 

2 the Secretary of Education are authorized to estab3 lish appropriate reporting requirements for grantees 

4 under this subsection. 

5 (9) TECHNICAL ASSISTANCE AND EVALUA6 TION.—For each program year for which funds are 

7 available to carry out this section, the Secretary of 

8 Labor and the Secretary of Education may reserve 

9 not more than 5 percent of the amount available to 

10 carry out this subsection to provide technical assist11 ance to applicants and grantees under this sub12 section, and to evaluate projects carried out under 

13 this subsection. The Secretaries shall ensure that the 

14 results of the evaluations are publicly available (in15 cluding by electronic means). 

16 SEC. 143. YOUTH INNOVATION AND REPLICATION GRANTS. 

17 (a) PROGRAM AUTHORIZED.—There are authorized 

18 to be appropriated to carry out this section such sums as 

19 may be necessary for each of fiscal years 2014 through 

20 2018. 

21 (b) YOUTH INNOVATION AND REPLICATION GRANTS

22 TO ELIGIBLE ENTITIES.— 

23 (1) IN GENERAL.—From funds described in 

24 subsection (a), the Secretary of Labor and the Sec25 retary of Education shall award youth innovation 


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1 and replication grants on a competitive basis to eligi2 ble entities. 

3 (2) USE OF FUNDS.—The grants awarded 

4 under this subsection shall be used to support the 

5 demonstration of innovative new strategies and ac6 tivities, or the replication and expansion of effective 

7 evidence-based strategies and activities, that are de8 signed to substantially improve education and em9 ployment outcomes for eligible youth. Such strate10 gies and activities shall include— 

11 (A) establishing career pathways in in-de12 mand industry sectors and occupations for eligi13 ble youth, in collaboration with other Federal, 

14 State, and local programs, such as career and 

15 technical education programs as defined in sec16 tion 101, and public and private entities; 

17 (B) developing and implementing a com18 prehensive strategy, for an area of high poverty, 

19 that provides education and training programs, 

20 resources, and other activities that prepare 

21 youth for postsecondary education and training 

22 and for employment that leads to economic self23 sufficiency; 

24 (C) developing and implementing strategies 

25 and activities that provide opportunities for 


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1 youth with disabilities to receive education, 

2 training, and employment services that lead to 

3 a recognized postsecondary credential or inte4 grated, competitive employment; 

5 (D) developing and implementing evidence6 based strategies and activities, such as— 

7 (i) education offered concurrently and 

8 contextually with workforce preparation 

9 and training for a specific occupation or 

10 occupational cluster; 

11 (ii) career academies; 

12 (iii) dropout prevention and recovery 

13 strategies; 

14 (iv) paid or unpaid work experience, 

15 including summer employment opportuni16 ties and employment opportunities avail17 able throughout the school year, combined 

18 with academic learning leading to a recog19 nized postsecondary credential; or 

20 (v) innovative programs for youth fac21 ing multiple barriers to employment that 

22 arrange for the provision of or provide sup23 portive services combined with education, 

24 training, or employment activities; or 


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1 (E) other evidence-based strategies or ac2 tivities designed to improve the education and 

3 employment outcomes for youth. 

4 (3) ELIGIBLE ENTITIES.— 

5 (A) IN GENERAL.—To be eligible to receive 

6 a grant under this subsection, an eligible entity 

7 shall— 

8 (i) meet the requirements of this 

9 paragraph; and 

10 (ii) submit an application in accord11 ance with paragraph (4). 

12 (B) ELIGIBLE ENTITY DEFINED.—An eli13 gible entity shall include— 

14 (i)(I) the Governor of a State in co15 ordination with the State board and with a 

16 local board for a local area that is aligned 

17 with a region, or with all local boards for 

18 local areas that comprise a planning re19 gion, under section 116(c), in consultation 

20 with the standing committee on youth as21 sociated with the local board; or 

22 (II) a local board for a local area that 

23 is aligned with a region, or all local boards 

24 for local areas that comprise a planning re25 gion, under section 116(c), in consultation 


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1 with the standing committee on youth as2 sociated with the local board; and 

3 (ii) one or more of the following: 

4 (I) A State educational agency. 

5 (II) A local educational agency. 

6 (III) A nonprofit organization 

7 with expertise serving eligible youth, 

8 including a community-based organi9 zation or an intermediary. 

10 (IV) An institution of higher edu11 cation, including a community college. 

12 (V) A joint labor-management 

13 partnership. 

14 (4) APPLICATION.—To be eligible to receive a 

15 grant under this subsection, an eligible entity shall 

16 submit an application to the Secretary of Labor and 

17 the Secretary of Education at such time, in such 

18 manner, and containing such information, consistent 

19 with this paragraph, as the Secretaries may require. 

20 Each such application shall describe the innovation 

21 and replication strategies and activities that the eli22 gible entity will carry out to strengthen the work23 force development system in the State or region in 

24 order to substantially improve education and em25 ployment outcomes for youth, such as youth with 


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1 disabilities, served by such system, and shall in2 clude— 

3 (A) a description of the region in the State 

4 or the State, as applicable, that will be the 

5 focus of grant activities, including analyses of 

6 economic conditions, skill needs, the workforce, 

7 and the workforce development services (includ8 ing the strengths and weaknesses of such serv9 ices and the capacity to provide such services) 

10 that are relevant to the proposed strategies and 

11 activities that would be carried out under the 

12 grant; 

13 (B) a description of the youth populations 

14 to be served, including individuals with barriers 

15 to employment who are youth, and the skill 

16 needs of those populations; 

17 (C) a description of the promising strate18 gies and activities the eligible entity is pro19 posing to demonstrate, or the evidence-based 

20 strategies and activities that the eligible entity 

21 is proposing to expand or replicate; 

22 (D) a description of how the eligible entity 

23 will meaningfully involve youth in the design 

24 and implementation of the proposed strategies 

25 and activities; 


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1 (E) a description of how, in carrying out 

2 such strategies and activities, the eligible entity 

3 will— 

4 (i) collaborate to leverage resources 

5 among strategic partners to achieve the 

6 purposes of the grant, and to provide the 

7 matching share described in paragraph 

8 (5)(B); and 

9 (ii) ensure the sustainability of the 

10 programs and activities supported by the 

11 grant after grant funds are no longer 

12 available; 

13 (F) a description of how the strategies and 

14 activities will be aligned with the State plan and 

15 the local plans in the region of the State that 

16 will be the focus of grant activities; 

17 (G) a description of the outcomes, includ18 ing outcomes for the performance accountability 

19 measures based on indicators of performance 

20 described in section 131(b)(2)(A)(ii), to be 

21 achieved by the proposed strategies and activi22 ties; and 

23 (H) a description of how the eligible entity 

24 will— 

25 (i) use technology; 


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1 (ii) collect data; 

2 (iii) make data publicly available; and 

3 (iv) use technology and data to im4 prove program delivery, activities, and ad5 ministration. 

6 (5) MATCHING REQUIREMENTS; SUPPLEMENT, 

7 NOT SUPPLANT.— 

8 (A) INNOVATION FUND SHARE.—The 

9 amount of the share of the funds provided 

10 under paragraph (1) shall be not greater than 

11 50 percent of the cost of the programs and ac12 tivities that are carried out under the grant. 

13 (B) MATCHING SHARE.— 

14 (i) IN GENERAL.— 

15 (I) AMOUNT.—The amount of 

16 the matching share under this sub17 section for a program year may not be 

18 less than 50 percent of the costs of 

19 the programs and activities that are 

20 carried out under the grant. 

21 (II) IN CASH OR IN KIND.—The 

22 matching share may be in cash or in 

23 kind (fairly evaluated). 

24 (III) SOURCES OF MATCHING

25 SHARE.— 


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1 (aa) IN GENERAL.—Not 

2 more than 50 percent of the 

3 matching share required under 

4 this subsection may be provided 

5 from Federal resources, of which 

6 not less than 50 percent shall be 

7 provided from Federal resources 

8 from the partner programs iden9 tified in the application other 

10 than resources provided under 

11 the core programs. 

12 (bb) NON-FEDERAL

13 SOURCES.—Non-Federal sources 

14 for the matching share may in15 clude State resources, local re16 sources, contributions from pri17 vate organizations, or a combina18 tion of such resources and con19 tributions. 

20 (ii) FINANCIAL HARDSHIP WAIVER.— 

21 The Secretary of Labor and the Secretary 

22 of Education may waive or reduce the 

23 matching share of an eligible entity that 

24 has submitted an application under this 

25 subsection if such entity demonstrates a 


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1 need for such waiver or reduction due to 

2 extreme financial hardship as defined by 

3 the Secretary of Labor and the Secretary 

4 of Education. 

5 (C) SUPPLEMENT, NOT SUPPLANT.—The 

6 Federal and matching share required by this 

7 subsection shall be used to supplement and not 

8 supplant other Federal and State funds used to 

9 carry out activities described in this subsection. 

10 (6) GRANT PERIOD.—Grants awarded under 

11 this subsection shall be awarded for periods of not 

12 more than 3 years in duration and may not be re13 newed. 

14 (7) GEOGRAPHIC DIVERSITY.—In awarding 

15 grants under this subsection, the Secretary of Labor 

16 and the Secretary of Education shall take into con17 sideration the geographic diversity, and diversity 

18 with respect to population density, of the areas in 

19 which projects will be carried out under this section. 

20 (8) REPORTING.—The Secretary of Labor and 

21 the Secretary of Education are authorized to estab22 lish appropriate reporting requirements for grantees 

23 under this subsection. 

24 (9) TECHNICAL ASSISTANCE AND EVALUA25 TION.—For each program year for which funds are 


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1 available to carry out this section, the Secretary of 

2 Labor and the Secretary of Education may reserve 

3 not more than 5 percent of the amount available to 

4 carry out this subsection to provide technical assist5 ance to applicants and grantees under this sub6 section, and to evaluate projects carried out under 

7 this subsection. The Secretaries shall ensure that the 

8 results of the evaluations are publicly available (in9 cluding by electronic means). 

10 SEC. 144. INTERAGENCY AGREEMENT. 

11 (a) INTERAGENCY AGREEMENT.—The Secretary of 

12 Education and the Secretary of Labor shall jointly develop 

13 policies for the administration of this subtitle in accord14 ance with such terms as the Secretaries shall set forth in 

15 an interagency agreement. Such interagency agreement, at 

16 a minimum, shall include a description of the respective 

17 roles and responsibilities of the Secretaries in carrying out 

18 this subtitle (both jointly and separately), including how— 

19 (1) the funds available under this subtitle will 

20 be obligated and disbursed and compliance with ap21 plicable laws (including regulations) will be ensured, 

22 as well as how the grantees will be selected and 

23 monitored, and a peer review process for selection of 

24 grantees that includes program practitioners and na25 tional experts will be carried out; 


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1 (2) evaluations and research will be conducted 

2 on the effectiveness of grants awarded under this 

3 subtitle in addressing the education and employment 

4 needs of job seekers and workers, youth, and em5 ployers; 

6 (3) technical assistance will be provided to ap7 plicants and grant recipients; 

8 (4) information will be disseminated (including 

9 by electronic means) on best practices and effective 

10 strategies and service delivery models for activities 

11 carried out under this subtitle; and 

12 (5) policies and processes critical to the success13 ful achievement of the education, training, and em14 ployment goals of this subtitle will be established. 

15 (b) TRANSFER AUTHORITY.—The Secretary of Labor 

16 and the Secretary of Education shall have the authority 

17 to transfer funds between the Department of Labor and 

18 the Department of Education to carry out this subtitle in 

19 accordance with the agreement described in subsection (a). 

20 (c) REPORTS.—The Secretary of Labor and the Sec21 retary of Education shall jointly develop and submit a bi22 ennial report to the Committee on Health, Education, 

23 Labor, and Pensions of the Senate and the Committee on 

24 Education and the Workforce of the House of Representa25 tives, describing— 


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1 (1) actions the Departments have taken to— 

2 (A) assess the effectiveness of the projects 

3 carried out under this subtitle; and 

4 (B) facilitate the coordination of the pro5 grams carried out through the grants awarded 

6 with other education, employment, and training 

7 programs; 

8 (2) barriers that impede effectiveness of 

9 projects carried out under this subtitle; 

10 (3) the best practices and effective strategies 

11 and service delivery models that the Departments 

12 have identified pursuant to this subtitle and actions 

13 the Departments have taken to promptly dissemi14 nate information (including by electronic means) on 

15 such best practices and effective strategies and serv16 ice delivery models; and 

17 (4) the actions the Departments have taken to 

18 leverage resources provided under Federal law other 

19 than this subtitle and non-Federal resources, to im20 prove the workforce development system nationwide, 

21 including in States, regions, and local areas that 

22 have not received funds under this subtitle. 


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1 TITLE II—WORKFORCE INVEST2 MENT AND RELATED ACTIVI3 TIES 

4 Subtitle A—Definition 

5 SEC. 201. DEFINITION. 

6 In this title, the term ‘‘Secretary’’, used without fur7 ther description, means the Secretary of Labor. 

8 Subtitle B—Workforce Investment 

9 Activities and Providers 

10 SEC. 211. PURPOSE. 

11 The purpose of this subtitle is to provide workforce 

12 investment activities, through statewide and local work13 force development systems, that increase the employment, 

14 retention, economic self-sufficiency, and earnings of par15 ticipants, and increase attainment of recognized postsec16 ondary credentials by participants, and as a result, im17 prove the quality of the workforce, reduce welfare depend18 ency, increase economic self-sufficiency, meet the skill re19 quirements of employers, and enhance the productivity 

20 and competitiveness of the Nation. 


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1 CHAPTER 1—WORKFORCE INVESTMENT 

2 ACTIVITIES PROVIDERS 

3 SEC. 221. ESTABLISHMENT OF ONE-STOP DELIVERY SYS4 TEMS. 

5 (a) IN GENERAL.—Consistent with an approved 

6 State plan, the local board for a local area, with the agree7 ment of the chief elected official for the local area, shall— 

8 (1) develop and enter into the memorandum of 

9 understanding described in subsection (c) with one10 stop partners; 

11 (2) designate or certify one-stop operators 

12 under subsection (d); and 

13 (3) conduct oversight with respect to the one14 stop delivery system in the local area. 

15 (b) ONE-STOP PARTNERS.— 

16 (1) REQUIRED PARTNERS.— 

17 (A) ROLES AND RESPONSIBILITIES OF

18 ONE-STOP PARTNERS.—Each entity that carries 

19 out a program or activities described in sub20 paragraph (B) in a local area shall— 

21 (i) provide access through the one22 stop delivery system to such program or 

23 activities carried out by the entity, includ24 ing making the core services described in 

25 section 234(c)(2) that are applicable to the 


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1 program or activities available at the one2 stop centers (in addition to any other ap3 propriate locations); 

4 (ii) use a portion of the funds avail5 able for the program and activities to 

6 maintain the one-stop delivery system, in7 cluding payment of the infrastructure costs 

8 of one-stop centers in accordance with sub9 section (h); 

10 (iii) enter into a local memorandum of 

11 understanding with the local board, relat12 ing to the operation of the one-stop sys13 tem, that meets the requirements of sub14 section (c); 

15 (iv) participate in the operation of the 

16 one-stop system consistent with the terms 

17 of the memorandum of understanding, the 

18 requirements of this title, and the require19 ments of the Federal laws authorizing the 

20 program or activities; and 

21 (v) provide representation on the 

22 State board to the extent provided under 

23 section 111. 


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1 (B) PROGRAMS AND ACTIVITIES.—The 

2 programs and activities referred to in subpara3 graph (A) consist of— 

4 (i) programs authorized under this 

5 title; 

6 (ii) programs authorized under the 

7 Wagner-Peyser Act (29 U.S.C. 49 et seq.); 

8 (iii) adult education and literacy ac9 tivities authorized under title III; 

10 (iv) programs authorized under title I 

11 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 720 et seq.) (other than section 

13 112 or part C of title I of such Act (29 

14 U.S.C. 732, 741)); 

15 (v) activities authorized under title V 

16 of the Older Americans Act of 1965 (42 

17 U.S.C. 3056 et seq.); 

18 (vi) career and technical education 

19 programs at the postsecondary level au20 thorized under the Carl D. Perkins Career 

21 and Technical Education Act of 2006 (20 

22 U.S.C. 2301 et seq.); 

23 (vii) activities authorized under chap24 ter 2 of title II of the Trade Act of 1974 

25 (19 U.S.C. 2271 et seq.); 


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1 (viii) activities authorized under chap2 ter 41 of title 38, United States Code; 

3 (ix) employment and training activi4 ties carried out under the Community 

5 Services Block Grant Act (42 U.S.C. 9901 

6 et seq.); 

7 (x) employment and training activities 

8 carried out by the Department of Housing 

9 and Urban Development; 

10 (xi) programs authorized under State 

11 unemployment compensation laws (in ac12 cordance with applicable Federal law); 

13 (xii) programs authorized under sec14 tion 212 of the Second Chance Act of 2007 

15 (42 U.S.C. 17532); and 

16 (xiii) programs authorized under part 

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

18 U.S.C. 601 et seq.), subject to subpara19 graph (C). 

20 (C) DETERMINATION BY THE GOV21 ERNOR.— 

22 (i) IN GENERAL.—An entity that car23 ries out a program referred to in subpara24 graph (B)(xiii) shall be included in the 

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


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1 required partner, for purposes of this Act 

2 and the other core program provisions that 

3 are not part of this Act, unless the Gov4 ernor provides the notification described in 

5 clause (ii). 

6 (ii) NOTIFICATION.—The notification 

7 referred to in clause (i) is a notification 

8 that— 

9 (I) is made in writing of a deter10 mination by the Governor not to in11 clude such entity in the one-stop part12 ners described in clause (i); and 

13 (II) is provided to the Secretary 

14 and the Secretary of Health and 

15 Human Services. 

16 (2) ADDITIONAL PARTNERS.— 

17 (A) IN GENERAL.—With the approval of 

18 the local board and chief elected official, in ad19 dition to the entities described in paragraph 

20 (1), other entities that carry out workforce de21 velopment programs described in subparagraph 

22 (B) may be one-stop partners for the local area 

23 and carry out the responsibilities described in 

24 paragraph (1)(A). 


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1 (B) PROGRAMS.—The programs referred 

2 to in subparagraph (A) may include— 

3 (i) employment and training programs 

4 administered by the Social Security Ad5 ministration, including the Ticket to Work 

6 and Self-Sufficiency Program established 

7 under section 1148 of the Social Security 

8 Act (42 U.S.C. 1320b–19); 

9 (ii) employment and training pro10 grams carried out by the Small Business 

11 Administration; 

12 (iii) programs authorized under sec13 tion 6(d)(4) of the Food and Nutrition Act 

14 of 2008 (7 U.S.C. 2015(d)(4)); 

15 (iv) work programs authorized under 

16 section 6(o) of the Food and Nutrition Act 

17 of 2008 (7 U.S.C. 2015(o)); 

18 (v) programs carried out under sec19 tion 112 of the Rehabilitation Act of 1973 

20 (29 U.S.C. 732); 

21 (vi) programs authorized under the 

22 National and Community Service Act of 

23 1990 (42 U.S.C. 12501 et seq.); and 

24 (vii) other appropriate Federal, State, 

25 or local programs, including employment, 


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1 education, and training programs provided 

2 by public libraries or in the private sector. 

3 (c) MEMORANDUM OF UNDERSTANDING.— 

4 (1) DEVELOPMENT.—The local board, with the 

5 agreement of the chief elected official, shall develop 

6 and enter into a memorandum of understanding (be7 tween the local board and the one-stop partners), 

8 consistent with paragraph (2), concerning the oper9 ation of the one-stop delivery system in the local 

10 area. 

11 (2) CONTENTS.—Each memorandum of under12 standing shall contain— 

13 (A) provisions describing— 

14 (i) the services to be provided through 

15 the one-stop delivery system consistent 

16 with the requirements of this section, in17 cluding the manner in which the services 

18 will be coordinated and delivered through 

19 such system; 

20 (ii) how the costs of such services and 

21 the operating costs of such system will be 

22 funded, including— 

23 (I) funding through cash and in24 kind contributions (fairly evaluated), 

25 which contributions may include fundVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ing from philanthropic organizations 

2 or other private entities, or through 

3 other alternative financing options, to 

4 provide a stable and equitable funding 

5 stream for ongoing one-stop delivery 

6 system operations; and 

7 (II) funding of the infrastructure 

8 costs of one-stop centers in accord9 ance with subsection (h); 

10 (iii) methods of referral of individuals 

11 between the one-stop operator and the one12 stop partners for appropriate services and 

13 activities; 

14 (iv) methods to ensure the needs of 

15 workers and youth, and individuals with 

16 barriers to employment, including individ17 uals with disabilities, are addressed in the 

18 provision of necessary and appropriate ac19 cess to services, including access to tech20 nology and materials, made available 

21 through the one-stop delivery system; and 

22 (v) the duration of the memorandum 

23 of understanding and the procedures for 

24 amending the memorandum during the du25 ration of the memorandum, and assurances 


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1 that such memorandum shall be reviewed 

2 not less than once every 2-year period to 

3 ensure appropriate funding and delivery of 

4 services; and 

5 (B) such other provisions, consistent with 

6 the requirements of this title, as the parties to 

7 the agreement determine to be appropriate. 

8 (d) ONE-STOP OPERATORS.— 

9 (1) DESIGNATION AND CERTIFICATION.—Con10 sistent with paragraphs (2) and (3), the local board, 

11 with the agreement of the chief elected official, is 

12 authorized to designate or certify one-stop operators 

13 and to terminate for cause the eligibility of such op14 erators. 

15 (2) ELIGIBILITY.—To be eligible to receive 

16 funds made available under this subtitle to operate 

17 a one-stop center referred to in subsection (e), an 

18 entity (which may be a consortium of entities)— 

19 (A) shall be designated or certified as a 

20 one-stop operator— 

21 (i) through a competitive process; or 

22 (ii) in accordance with an agreement 

23 reached between the local board and a con24 sortium of entities that, at a minimum, inVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cludes 3 or more of the one-stop partners 

2 described in subsection (b)(1); and 

3 (B) shall be an entity (public or private), 

4 or consortium of entities, of demonstrated effec5 tiveness, located in the local area, which may 

6 include— 

7 (i) an institution of higher education; 

8 (ii) an employment service State agen9 cy established under the Wagner-Peyser 

10 Act (29 U.S.C. 49 et seq.), on behalf of 

11 the local office of the agency; 

12 (iii) a community-based organization, 

13 nonprofit organization, or intermediary; 

14 (iv) a private for-profit entity; 

15 (v) a government agency; and 

16 (vi) another interested organization or 

17 entity, which may include a local chamber 

18 of commerce or other business organiza19 tion, or a labor organization. 

20 (3) EXCEPTION.—Elementary schools and sec21 ondary schools shall not be eligible for designation 

22 or certification as one-stop operators, except that 

23 nontraditional public secondary schools and area ca24 reer and technical education schools may be eligible 

25 for such designation or certification. 


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1 (4) ADDITIONAL REQUIREMENTS.—The State 

2 and local boards shall ensure that in carrying out 

3 activities under this title, one-stop operators— 

4 (A) disclose any potential conflicts of inter5 est arising from the relationships of the opera6 tors with particular training service providers or 

7 other service providers; 

8 (B) do not establish practices that create 

9 disincentives to providing services to individuals 

10 with barriers to employment who may require 

11 longer-term services, such as intensive employ12 ment, training, and education services; and 

13 (C) comply with Federal regulations, and 

14 procurement policies, relating to the calculation 

15 and use of profits. 

16 (e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS17 TEM.— 

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

19 each local area in a State that receives an allotment 

20 under section 232(b) a one-stop delivery system, 

21 which— 

22 (A) shall provide the core services de23 scribed in section 234(c)(2); 

24 (B) shall provide access to intensive serv25 ices and training services as described in paraVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 graphs (3) and (4) of section 234(c), including 

2 serving as the point of access to training serv3 ices for participants in accordance with section 

4 234(c)(4)(G); 

5 (C) shall provide access to the employment 

6 and training activities carried out under section 

7 234(d), if any; 

8 (D) shall provide access to programs and 

9 activities carried out by one-stop partners de10 scribed in subsection (b); and 

11 (E) shall provide access to the data, infor12 mation, and analysis described in section 15(a) 

13 of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)) 

14 and all job search, placement, recruitment, and 

15 other labor exchange services authorized under 

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

17 (2) ONE-STOP DELIVERY.—The one-stop deliv18 ery system— 

19 (A) at a minimum, shall make each of the 

20 programs, services, and activities described in 

21 paragraph (1) accessible at not less than 1 

22 physical center in each local area of the State; 

23 and 

24 (B) may also make programs, services, and 

25 activities described in paragraph (1) available— 


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1 (i) through a network of affiliated 

2 sites that can provide 1 or more of the pro3 grams, services, and activities to individ4 uals; and 

5 (ii) through a network of eligible one6 stop partners— 

7 (I) in which each partner pro8 vides 1 or more of the programs, serv9 ices, and activities to such individuals 

10 and is accessible at an affiliated site 

11 that consists of a physical location or 

12 an electronically or technologically 

13 linked access point; and 

14 (II) that assures individuals that 

15 information on the availability of the 

16 core services will be available regard17 less of where the individuals initially 

18 enter the statewide workforce develop19 ment system, including information 

20 made available through an access 

21 point described in subclause (I); 

22 (C) may have specialized centers to ad23 dress special needs, such as the needs of dis24 located workers, youth, or key industry sectors 

25 or clusters; and 


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1 (D) as applicable and practicable, shall 

2 make programs, services, and activities acces3 sible to individuals through electronic means in 

4 a manner that improves efficiency, coordination, 

5 and quality in the delivery of one-stop partner 

6 services. 

7 (3) COLOCATION OF WAGNER-PEYSER SERV8 ICES.—Consistent with section 3(d) of the Wagner9 Peyser Act (29 U.S.C. 49b(d)), and in order to im10 prove service delivery, avoid duplication of services, 

11 and enhance coordination of services, including loca12 tion of staff to ensure access to services in under13 served areas, the employment service offices in each 

14 State shall be colocated with one-stop centers estab15 lished under this title. 

16 (4) USE OF COMMON ONE-STOP DELIVERY SYS17 TEM IDENTIFIER.—In addition to using any State or 

18 locally developed identifier, each one-stop delivery 

19 system shall include in the identification of products, 

20 programs, activities, services, facilities, and related 

21 property and materials, a common one-stop delivery 

22 system identifier. The identifier shall be developed 

23 by the Secretary, in consultation with heads of other 

24 appropriate departments and agencies, and rep25 resentatives of State boards and local boards and of 


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1 other stakeholders in the one-stop delivery system, 

2 not later than the beginning of the second full pro3 gram year after the date of enactment of this Act. 

4 Such common identifier may consist of a logo, 

5 phrase, or other identifier that informs users of the 

6 one-stop delivery system that such products, pro7 grams, activities, services, facilities, property, or ma8 terials are being provided through such system. 

9 Nothing in this paragraph shall be construed to pro10 hibit one-stop partners, States, or local areas from 

11 having additional identifiers. 

12 (f) APPLICATION TO CERTAIN VOCATIONAL REHA13 BILITATION PROGRAMS.— 

14 (1) LIMITATION.—Nothing in this section shall 

15 be construed to apply to part C of title I of the Re16 habilitation Act of 1973 (29 U.S.C. 741). 

17 (2) CLIENT ASSISTANCE.—Nothing in this Act 

18 shall be construed to require that any entity car19 rying out a client assistance program authorized 

20 under section 112 of the Rehabilitation Act of 1973 

21 (29 U.S.C. 732)— 

22 (A) be included as a mandatory one-stop 

23 partner under subsection (b)(1); or 


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1 (B) if the entity is included as an addi2 tional one-stop partner under subsection 

3 (b)(2)— 

4 (i) violate the requirement of section 

5 112(c)(1)(A) of that Act (29 U.S.C. 

6 732(c)(1)(A)) that the entity be inde7 pendent of any agency that provides treat8 ment, services, or rehabilitation to individ9 uals under that Act; or 

10 (ii) carry out any activity not author11 ized under section 112 of that Act (includ12 ing appropriate Federal regulations). 

13 (g) CONTINUOUS IMPROVEMENT OF ONE-STOP CEN14 TERS.— 

15 (1) IN GENERAL.—The State board, in con16 sultation with chief elected officials and local boards, 

17 shall establish objective criteria and procedures for 

18 use by local boards in periodically assessing the ef19 fectiveness, physical and programmatic accessibility 

20 in accordance with section 288 and the Americans 

21 with Disabilities Act of 1990 (42 U.S.C. 12101 et 

22 seq.), and continuous improvement of one-stop cen23 ters and the one-stop delivery system, consistent 

24 with the requirements of section 111(d)(7). 


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1 (2) CRITERIA.—The criteria and procedures de2 veloped under this subsection shall include standards 

3 relating to service coordination achieved by the one4 stop delivery system with respect to the programs 

5 administered by the one-stop partners at the one6 stop centers. Such criteria and procedures shall— 

7 (A) be developed in a manner that is con8 sistent with the guidelines, guidance, and poli9 cies provided by the Governor and by the State 

10 board, in consultation with the chief elected of11 ficials and local boards, for such partners’ par12 ticipation under subsections (h)(1) and (i); and 

13 (B) include such factors relating to the ef14 fectiveness, accessibility, and improvement of 

15 the one-stop delivery system as the State board 

16 determines to be appropriate. 

17 (3) LOCAL CRITERIA.—Consistent with the cri18 teria developed under paragraph (1) by the State, a 

19 local board in the State may develop additional cri20 teria (or higher levels of service coordination than 

21 required for the State-developed criteria) relating to 

22 service coordination achieved by the one-stop deliv23 ery system, for purposes of assessments described in 

24 paragraph (1), in order to respond to labor market, 


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1 economic, and demographic, conditions and trends in 

2 the region. 

3 (4) REVIEW AND UPDATE.—The criteria and 

4 procedures established under this subsection shall be 

5 reviewed and updated by the State board or the local 

6 board, as the case may be, as part of the biennial 

7 process for review and modification of State and 

8 local plans described in sections 112(c) and 118(a). 

9 (h) FUNDING OF ONE-STOP INFRASTRUCTURE.— 

10 (1) IN GENERAL.— 

11 (A) OPTIONS FOR INFRASTRUCTURE

12 FUNDING.— 

13 (i) LOCAL OPTIONS.—The local board, 

14 chief elected officials, and one-stop part15 ners described in subsection (b)(1) in a 

16 local area may fund the costs of infrastruc17 ture of one-stop centers in the local area 

18 through— 

19 (I) methods agreed on by the 

20 local board, chief elected officials, and 

21 one-stop partners (described in the 

22 memorandum of understanding de23 scribed in subsection (c)); or 


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1 (II) the State infrastructure 

2 funding mechanism described in para3 graph (2). 

4 (ii) FAILURE TO REACH CONSENSUS

5 AGREEMENT ON FUNDING METHODS.—Be6 ginning July 1, 2015, if the local board, 

7 chief elected officials, and one-stop part8 ners described in subsection (b)(1) in a 

9 local area fail to reach consensus agree10 ment on methods of sufficiently funding 

11 the costs of infrastructure of one-stop cen12 ters for a program year, the State infra13 structure funding mechanism described in 

14 paragraph (2) shall be applicable to such 

15 local area for that program year and for 

16 each subsequent program year for which 

17 those entities and individuals fail to reach 

18 such agreement. 

19 (B) GUIDANCE FOR INFRASTRUCTURE

20 FUNDING.—In addition to carrying out the re21 quirements relating to the State infrastructure 

22 funding mechanism described in paragraph (2), 

23 the Governor, after consultation with chief 

24 elected officials, local boards, and the State 

25 board, and consistent with the guidance and 


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1 policies provided by the State board under sub2 paragraphs (B) and (C)(i) of section 111(d)(7), 

3 shall provide, for the use of local areas under 

4 subparagraph (A)(i)(I)— 

5 (i) guidelines for State-administered 

6 one-stop partner programs, for deter7 mining such programs’ contributions to a 

8 one-stop delivery system, based on such 

9 programs’ proportionate use of such sys10 tem consistent with chapter II of title 2, 

11 Code of Federal Regulations (or any cor12 responding similar regulation or ruling), 

13 including determining funding for the costs 

14 of infrastructure, which contributions shall 

15 be negotiated pursuant to the memo16 randum of understanding under subsection 

17 (c); and 

18 (ii) guidance to assist local boards, 

19 chief elected officials, and one-stop part20 ners in local areas in determining equitable 

21 and stable methods of funding the costs of 

22 infrastructure of one-stop centers in such 

23 areas. 

24 (2) STATE ONE-STOP INFRASTRUCTURE FUND25 ING.— 


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1 (A) DEFINITION.—In this paragraph, the 

2 term ‘‘covered portion’’, used with respect to 

3 funding for a fiscal year for a program de4 scribed in subsection (b)(1), means a portion 

5 determined under subparagraph (C) of the Fed6 eral funds provided to a State (including local 

7 areas within the State) under the Federal law 

8 authorizing that program described in sub9 section (b)(1) for the fiscal year (taking into ac10 count the availability of funding for purposes 

11 related to infrastructure from philanthropic or12 ganizations, private entities, or other alternative 

13 financing options). 

14 (B) PARTNER CONTRIBUTIONS.—Subject 

15 to subparagraph (D), for local areas in a State 

16 that are not covered by paragraph (1)(A)(i)(I), 

17 the covered portions of funding for a fiscal year 

18 shall be provided to the Governor from the pro19 grams described in subsection (b)(1), to assist 

20 in paying the costs of infrastructure of one-stop 

21 centers in those local areas of the State not 

22 adequately funded under the option described in 

23 paragraph (1)(A)(i)(I). 

24 (C) DETERMINATION OF GOVERNOR.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii) and subparagraph (D), the Governor, 

3 after consultation with chief elected offi4 cials, local boards, and the State board, 

5 shall determine the portion of funds to be 

6 provided under subparagraph (B) by each 

7 one-stop partner from each program de8 scribed in subparagraph (B). In making 

9 such determination for the purpose of de10 termining funding contributions, for fund11 ing pursuant to clause (i)(II) or (ii) of 

12 paragraph (1)(A) by each partner, the 

13 Governor shall calculate amounts for the 

14 proportionate use of the one-stop centers 

15 in the State, consistent with chapter II of 

16 title 2, Code of Federal Regulations (or 

17 any corresponding similar regulation or 

18 ruling), taking into account the costs of 

19 administration of the one-stop delivery sys20 tem for purposes not related to one-stop 

21 centers, for each partner. The Governor 

22 shall exclude from such determination of 

23 funds the amounts for proportionate use of 

24 one-stop centers attributable to the pro25 grams of one-stop partners for those local 


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1 areas of the State where the costs of infra2 structure of one-stop centers are funded 

3 under the option described in paragraph 

4 (1)(A)(i)(I). 

5 (ii) SPECIAL RULE.—In a State in 

6 which the State constitution or a State 

7 statute places policymaking authority that 

8 is independent of the authority of the Gov9 ernor in an entity or official with respect 

10 to the funds provided for adult education 

11 and literacy activities authorized under 

12 title III, postsecondary career and tech13 nical education activities authorized under 

14 the Carl D. Perkins Career and Technical 

15 Education Act of 1998 (20 U.S.C. 2301 et 

16 seq.), or vocational rehabilitation services 

17 offered under a provision covered by sec18 tion 101(12)(D), the determination de19 scribed in clause (i) with respect to the 

20 programs authorized under that title, Act, 

21 and provision shall be made by the chief 

22 officer of the entity, or the official, with 

23 such authority in consultation with the 

24 Governor. 

25 (D) LIMITATIONS.— 


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1 (i) PROVISION FROM ADMINISTRATIVE

2 FUNDS.— 

3 (I) IN GENERAL.—Subject to 

4 subclause (II), the funds provided 

5 under this paragraph by each one-stop 

6 partner shall be provided only from 

7 funds available for the costs of admin8 istration under the program adminis9 tered by such partner, and shall be 

10 subject to the program’s limitations 

11 with respect to the portion of funds 

12 under such program that may be used 

13 for administration. 

14 (II) EXCEPTIONS.—Nothing in 

15 this clause shall be construed to apply 

16 to the programs carried out under 

17 this title, or under title V of the Older 

18 Americans Act of 1965 (42 U.S.C. 

19 3056 et seq.). 

20 (ii) CAP ON REQUIRED CONTRIBU21 TIONS.—For local areas in a State that are 

22 not covered by paragraph (1)(A)(i)(I), the 

23 following rules shall apply: 

24 (I) WIA FORMULA PROGRAMS

25 AND EMPLOYMENT SERVICE.—The 


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1 portion of funds required to be con2 tributed under this paragraph from a 

3 program authorized under chapter 2 

4 or 3, or the Wagner-Peyser Act (29 

5 U.S.C. 49 et seq.) shall not exceed 3 

6 percent of the amount of Federal 

7 funds provided to carry out that pro8 gram in the State for a fiscal year. 

9 (II) OTHER ONE-STOP PART10 NERS.—The portion of funds required 

11 to be contributed under this para12 graph from a program described in 

13 subsection (b)(1) other than the pro14 grams described in clause (i) shall not 

15 exceed 1.5 percent of the amount of 

16 Federal funds provided to carry out 

17 that program in the State for a fiscal 

18 year. 

19 (III) VOCATIONAL REHABILITA20 TION.—Notwithstanding subclauses 

21 (I) and (II), an entity administering a 

22 program described in subsection 

23 (b)(1)(B)(iv) shall not be required to 

24 provide from that program, under this 

25 paragraph, a portion that exceeds— 


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1 (aa) 0.75 percent of the 

2 amount of Federal funds pro3 vided to carry out such program 

4 in the State for the second full 

5 program year that begins after 

6 the date of enactment of this 

7 Act; 

8 (bb) 1.0 percent of the 

9 amount provided to carry out 

10 such program in the State for the 

11 third full program year that be12 gins after such date; 

13 (cc) 1.25 percent of the 

14 amount provided to carry out 

15 such program in the State for the 

16 fourth full program year that be17 gins after such date; and 

18 (dd) 1.5 percent of the 

19 amount provided to carry out 

20 such program in the State for the 

21 fifth and each succeeding full 

22 program year that begins after 

23 such date. 

24 (iii) FEDERAL DIRECT SPENDING PRO25 GRAMS.—For local areas in a State that 


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1 are not covered by paragraph (1)(A)(i)(I), 

2 an entity administering a program funded 

3 with direct spending as defined in section 

4 250(c)(8) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985, as 

6 in effect on August 2, 2011 (2 U.S.C. 

7 900(c)(8)) shall not be required to provide, 

8 for purposes of this paragraph, an amount 

9 in excess of the amount determined under 

10 subparagraph (C)(i) to be equivalent to the 

11 cost of the proportionate use of the one12 stop centers for the one-stop partner for 

13 such program in the State. 

14 (iv) NATIVE AMERICAN PROGRAMS.— 

15 One-stop partners for Native American 

16 programs established under section 266 

17 shall not be subject to the provisions of 

18 this subsection (other than this clause) or 

19 subsection (i). For purposes of subsection 

20 (c)(2)(A)(ii)(II), the method for deter21 mining the appropriate portion of funds to 

22 be provided by such partners to pay for the 

23 costs of infrastructure of a one-stop center 

24 shall be determined as part of the develop25 ment of the memorandum of underVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 standing under subsection (c) for the one2 stop center and shall be stated in the 

3 memorandum. 

4 (E) APPEAL BY ONE-STOP PARTNERS.— 

5 The Governor shall establish a process, de6 scribed under section 112(b)(2)(D)(i)(V), for a 

7 one-stop partner administering a program de8 scribed in subsection (b)(1) to appeal a deter9 mination regarding the portion of funds to be 

10 provided under this paragraph. Such a deter11 mination may be appealed under the process on 

12 the basis that such determination is incon13 sistent with the requirements of this paragraph. 

14 Such process shall ensure prompt resolution of 

15 the appeal in order to ensure the funds are dis16 tributed in a timely manner, consistent with the 

17 requirements of section 282(e). 

18 (3) ALLOCATION BY GOVERNOR.— 

19 (A) IN GENERAL.—From the funds pro20 vided under paragraph (1), the Governor shall 

21 allocate the funds to local areas described in 

22 subparagraph (B) in accordance with the for23 mula established under subparagraph (B) for 

24 the purposes of assisting in paying the costs of 

25 infrastructure of one-stop centers. 


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1 (B) ALLOCATION FORMULA.—The State 

2 board shall develop a formula to be used by the 

3 Governor to allocate the funds provided under 

4 paragraph (1) to local areas not funding costs 

5 of infrastructure under the option described in 

6 paragraph (1)(A)(i)(I). The formula shall be 

7 based on factors including the number of one8 stop centers in a local area, the population 

9 served by such centers, the services provided by 

10 such centers, and other factors relating to the 

11 performance of such centers that the State 

12 board determines are appropriate. 

13 (4) COSTS OF INFRASTRUCTURE.—In this sub14 section, the term ‘‘costs of infrastructure’’, used 

15 with respect to a one-stop center, means the nonper16 sonnel costs that are necessary for the general oper17 ation of the one-stop center, including the rental 

18 costs of the facilities, the costs of utilities and main19 tenance, equipment (including assessment-related 

20 products and assistive technology for individuals 

21 with disabilities), and technology to facilitate access 

22 to the one-stop center, including the center’s plan23 ning and outreach activities. 

24 (i) OTHER FUNDS.— 


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1 (1) IN GENERAL.—Subject to the memorandum 

2 of understanding described in subsection (c) for the 

3 one-stop delivery system involved, in addition to the 

4 funds provided to carry out subsection (h), a portion 

5 of funds made available under Federal law author6 izing the programs described in subsection (b) and 

7 administered by one-stop partners, or the noncash 

8 resources available under such programs, shall be 

9 used to pay the additional costs relating to the oper10 ation of the one-stop delivery system that are not 

11 paid from the funds provided under subsection (h), 

12 as determined in accordance with paragraph (3), to 

13 the extent not inconsistent with the Federal law in14 volved. Such costs shall include the costs of the pro15 vision of core services described in section 234(c)(2) 

16 applicable to each program and may include common 

17 costs that are not paid from the funds provided 

18 under subsection (h). 

19 (2) SHARED SERVICES.—The costs described 

20 under paragraph (1) may include costs of services 

21 that are authorized for and may be commonly pro22 vided through the one-stop partner programs to any 

23 individual, such as initial intake, assessment of 

24 needs, appraisal of basic skills, identification of apVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 propriate services to meet such needs, referrals to 

2 other one-stop partners, and other similar services. 

3 (3) DETERMINATION AND GUIDANCE.—The 

4 method for determining the appropriate portion of 

5 funds and noncash resources to be provided by the 

6 one-stop partner for each program under paragraph 

7 (1) for a one-stop center shall be determined as part 

8 of the development of the memorandum of under9 standing under subsection (c) for the one-stop center 

10 and shall be stated in the memorandum. The State 

11 board shall provide guidance to facilitate the deter12 mination, for purposes of the memorandum of un13 derstanding, of an appropriate allocation of the 

14 funds and noncash resources in local areas, con15 sistent with the requirements of section 

16 111(d)(7)(C)(i). 

17 SEC. 222. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

18 TRAINING SERVICES. 

19 (a) ELIGIBILITY.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (h), the Governor, after consultation with the 

22 State board, shall establish criteria, information re23 quirements, and procedures regarding the eligibility 

24 of providers of training services to receive funds proVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 vided under section 233(b) for the provision of train2 ing services in local areas in the State. 

3 (2) PROVIDERS.—Subject to the provisions of 

4 this section, to be eligible to receive those funds for 

5 the provision of training services, the provider shall 

6 be— 

7 (A) an institution of higher education that 

8 provides a program that leads to a recognized 

9 postsecondary credential; 

10 (B) an entity that carries out programs 

11 registered under the Act of August 16, 1937 

12 (commonly known as the ‘‘National Apprentice13 ship Act’’; 50 Stat. 664, chapter 663; 29 

14 U.S.C. 50 et seq.); or 

15 (C) another public or private provider of a 

16 program of training services, which may include 

17 joint labor-management organizations, and eli18 gible providers of adult education and literacy 

19 activities under title III if such activities are 

20 provided in combination with occupational skills 

21 training. 

22 (3) INCLUSION IN LIST OF ELIGIBLE PRO23 VIDERS.—A provider described in subparagraph (A) 

24 or (C) of paragraph (2) shall comply with the cri25 teria, information requirements, and procedures esVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tablished under this section to be included on the list 

2 of eligible providers of training services described in 

3 subsection (d). A provider described in paragraph 

4 (2)(B) shall be included and maintained on the list 

5 of eligible providers of training services described in 

6 subsection (d) for so long as the corresponding pro7 gram of the provider remains registered as described 

8 in paragraph (2)(B). 

9 (b) CRITERIA AND INFORMATION REQUIREMENTS.— 

10 (1) STATE CRITERIA.—In establishing criteria 

11 pursuant to subsection (a), the Governor shall take 

12 into account each of the following: 

13 (A) The performance of providers of train14 ing services with respect to— 

15 (i) the performance accountability 

16 measures and other matters for which in17 formation is required under paragraph (2); 

18 and 

19 (ii) other appropriate measures of per20 formance outcomes determined by the Gov21 ernor for those participants receiving train22 ing services under this subtitle (taking into 

23 consideration the characteristics of the 

24 population served and relevant economic 

25 conditions), and the outcomes of the proVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 gram through which those training services 

2 were provided for students in general with 

3 respect to employment and earnings as de4 fined under section 131(b)(2). 

5 (B) The need to ensure access to training 

6 services throughout the State, including 

7 through the use of technology. 

8 (C) Information reported to State agencies 

9 with respect to Federal and State programs in10 volving training services (other than the pro11 gram carried out under this subtitle), including 

12 one-stop partner programs. 

13 (D) The requirements for State licensing 

14 of providers of training services, and the licens15 ing status of providers of training services if 

16 applicable. 

17 (E) Ways in which the criteria can encour18 age, to the extent practicable, the providers to 

19 use industry-recognized certificates or certifi20 cations. 

21 (F) The ability of the providers to offer 

22 programs that lead to recognized postsecondary 

23 credentials. 

24 (G) The quality of a program of training 

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1 ices that leads to a recognized postsecondary 

2 credential. 

3 (H) The ability of the providers to provide 

4 training services to individuals who are em5 ployed and individuals with barriers to employ6 ment. 

7 (I) Such other factors as the Governor de8 termines are appropriate to ensure— 

9 (i) the accountability of the providers; 

10 (ii) that the one-stop centers in the 

11 State will ensure that such providers meet 

12 the needs of local employers and partici13 pants; 

14 (iii) the informed choice of partici15 pants among training services providers; 

16 and 

17 (iv) that the collection of information 

18 required to demonstrate compliance with 

19 the criteria is not unduly burdensome or 

20 costly to providers. 

21 (2) STATE INFORMATION REQUIREMENTS.— 

22 The information requirements established by the 

23 Governor shall require that a provider of training 

24 services submit appropriate, accurate, and timely in25 formation to the State, to enable the State to carry 


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1 out subsection (d), with respect to participants re2 ceiving training services under this subtitle in the 

3 applicable program, including— 

4 (A) information on the performance of the 

5 provider with respect to the performance ac6 countability measures described in section 131 

7 for such participants (taking into consideration 

8 the characteristics of the population served and 

9 relevant economic conditions), and information 

10 specifying the percentage of such participants 

11 who entered unsubsidized employment in an oc12 cupation related to the program, to the extent 

13 practicable; 

14 (B) information on recognized postsec15 ondary credentials received by such partici16 pants; 

17 (C) information on program costs (such as 

18 costs of tuition and fees) for participants in the 

19 program; 

20 (D) information on the program comple21 tion rate for such participants; and 

22 (E) information on the criteria described 

23 in paragraph (1). 

24 (3) LOCAL CRITERIA AND INFORMATION RE25 QUIREMENTS.—A local board in the State may esVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tablish criteria and information requirements in ad2 dition to the criteria and information requirements 

3 established by the Governor, or may require higher 

4 levels of performance than required for the criteria 

5 established by the Governor, for purposes of deter6 mining the eligibility of providers of training services 

7 to receive funds described in subsection (a) for the 

8 provision of training services in the local area in9 volved. 

10 (4) CRITERIA AND INFORMATION REQUIRE11 MENTS TO ESTABLISH INITIAL ELIGIBILITY.— 

12 (A) PURPOSE.—The purpose of this para13 graph is to enable the providers of programs 

14 carried out under chapter 3 to offer the highest 

15 quality training services and be responsive to 

16 in-demand and emerging industries by pro17 viding training services for those industries. 

18 (B) INITIAL ELIGIBILITY.—Providers may 

19 seek initial eligibility under this paragraph as 

20 providers of training services. The criteria and 

21 information requirements established by the 

22 Governor under this paragraph shall require 

23 that a provider who has not previously been an 

24 eligible provider of training services under this 

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1 ment Act of 1998, as in effect on the day before 

2 the date of enactment of this Act) provide the 

3 information described in subparagraph (C). 

4 (C) INFORMATION.—The provider shall 

5 provide verifiable program-specific performance 

6 information based on criteria established by the 

7 State as described in subparagraph (D) that 

8 supports the provider’s ability to serve partici9 pants under this subtitle. 

10 (D) CRITERIA.—The criteria described in 

11 subparagraph (C) shall include at least— 

12 (i) a factor related to indicators de13 scribed in section 131; 

14 (ii) a factor concerning whether the 

15 provider is in a partnership with business; 

16 (iii) other factors that indicate high17 quality training services; and 

18 (iv) a factor concerning alignment of 

19 the training services with industries pro20 jected to have potential for employment op21 portunities, to the extent practicable. 

22 (E) PROVISION.—The provider shall pro23 vide the information described in subparagraph 

24 (C) to the Governor and the local board in a 

25 manner that will permit the Governor and the 


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1 local board to make a decision on inclusion of 

2 the provider on the list of eligible providers de3 scribed in subsection (d). 

4 (c) PROCEDURES.— 

5 (1) APPLICATION PROCEDURES.—The proce6 dures established under subsection (a) shall identify 

7 the application process for a provider of training 

8 services to become eligible to receive funds provided 

9 under section 233(b) for the provision of training 

10 services. The procedures shall identify the respective 

11 roles of the State and local areas in receiving and 

12 reviewing the applications and in making determina13 tions of such eligibility based on the criteria, infor14 mation, and procedures established under this sec15 tion. The procedures shall also establish a process 

16 for a provider of training services to appeal a denial 

17 or termination of eligibility under this section that 

18 includes an opportunity for a hearing and prescribes 

19 appropriate time limits to ensure prompt resolution 

20 of the appeal. 

21 (2) RENEWAL PROCEDURES.—The procedures 

22 established by the Governor shall also provide for bi23 ennial review and renewal of eligibility under this 

24 section for providers of training services. 


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1 (d) LIST AND INFORMATION TO ASSIST PARTICI2 PANTS IN CHOOSING PROVIDERS.— 

3 (1) IN GENERAL.—In order to facilitate and as4 sist participants in choosing employment and train5 ing activities and in choosing providers of training 

6 services, the Governor shall ensure that an appro7 priate list of providers determined to be eligible 

8 under this section to offer a program in the State 

9 (and, as appropriate, in a local area), accompanied 

10 by information identifying the recognized postsec11 ondary credential offered by the provider and other 

12 appropriate information, is provided to the one-stop 

13 delivery system in the State. 

14 (2) ACCOMPANYING INFORMATION.—The ac15 companying information shall— 

16 (A) with respect to providers described in 

17 subparagraphs (A) and (C) of subsection (a)(2), 

18 consist of information provided by such pro19 viders, disaggregated by local areas served, as 

20 applicable, in accordance with subsection (b); 

21 (B) with respect to providers described in 

22 subsection (b)(4), consist of information pro23 vided by such providers in accordance with sub24 section (b)(4); and 


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1 (C) such other information as the Gov2 ernor determines to be appropriate. 

3 (3) AVAILABILITY.—The list and the accom4 panying information shall be made available to such 

5 participants and to members of the public through 

6 the one-stop delivery system in the State, in a man7 ner that does not reveal personally identifiable infor8 mation about an individual participant. 

9 (e) OPPORTUNITY TO SUBMIT COMMENTS.—In es10 tablishing, under this section, criteria, information re11 quirements, procedures, and the list of eligible providers 

12 described in subsection (d), the Governor shall provide an 

13 opportunity for interested members of the public to make 

14 recommendations and submit comments regarding such 

15 criteria, information requirements, procedures, and list. 

16 (f) ENFORCEMENT.— 

17 (1) IN GENERAL.—The procedures established 

18 under this section shall provide the following: 

19 (A) INTENTIONALLY SUPPLYING INAC20 CURATE INFORMATION.—Upon a determination, 

21 by an individual or entity specified in the proce22 dures, that a provider of training services, or 

23 individual providing information on behalf of 

24 the provider, violated this section (or section 

25 122 of the Workforce Investment Act of 1998, 


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1 as in effect on the day before the date of enact2 ment of this Act) by intentionally supplying in3 accurate information under this section, the eli4 gibility of such provider to receive funds under 

5 chapter 3 shall be terminated for a period of 

6 time that is not less than 2 years. 

7 (B) SUBSTANTIAL VIOLATIONS.—Upon a 

8 determination, by an individual or entity speci9 fied in the procedures, that a provider of train10 ing services substantially violated any require11 ment under this title (or title I of the Work12 force Investment Act of 1998, as in effect on 

13 the day before such date of enactment), the eli14 gibility of such provider to receive funds under 

15 chapter 3 for the program involved may be ter16 minated, or other appropriate action may be 

17 taken. 

18 (C) REPAYMENT.—A provider of training 

19 services whose eligibility is terminated under 

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

21 repayment of funds received under chapter 5 of 

22 subtitle B of title I of the Workforce Invest23 ment Act of 1998, as in effect on the day before 

24 such date of enactment, or chapter 3 of this 


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1 subtitle during a period of violation described in 

2 such subparagraph. 

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

4 construed to provide remedies and penalties that 

5 supplement, but shall not supplant, civil and crimi6 nal remedies and penalties specified in other provi7 sions of law. 

8 (g) AGREEMENTS WITH OTHER STATES.—States 

9 may enter into agreements, on a reciprocal basis, to per10 mit eligible providers of training services to accept indi11 vidual training accounts provided in another State. 

12 (h) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, 

13 INCUMBENT WORKER TRAINING, AND OTHER TRAINING

14 EXCEPTIONS.— 

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

16 training, customized training, incumbent worker 

17 training, internships, and paid or unpaid work expe18 rience opportunities, or transitional employment 

19 shall not be subject to the requirements of sub20 sections (a) through (g). 

21 (2) COLLECTION AND DISSEMINATION OF IN22 FORMATION.—A one-stop operator in a local area 

23 shall collect such performance information from pro24 viders of on-the-job training, customized training, in25 cumbent worker training, internships, paid or unVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 paid work experience opportunities, and transitional 

2 employment as the Governor may require, and use 

3 the information to determine whether the providers 

4 meet such performance criteria as the Governor may 

5 require. The one-stop operator shall disseminate in6 formation identifying such providers that meet the 

7 criteria as eligible providers, and the performance 

8 information, through the one-stop delivery system. 

9 Providers determined to meet the criteria shall be 

10 considered to be identified as eligible providers of 

11 training services. 

12 (i) TRANSITION PERIOD FOR IMPLEMENTATION.— 

13 The Governor and local boards shall implement the re14 quirements of this section not later than 12 months after 

15 the date of enactment of this Act. In order to facilitate 

16 early implementation of this section, the Governor may es17 tablish transition procedures under which providers eligi18 ble to provide training services under chapter 5 of subtitle 

19 B of title I of the Workforce Investment Act of 1998, as 

20 such chapter was in effect on the day before the date of 

21 enactment of this Act, may continue to be eligible to pro22 vide such services until December 31, 2015, or until such 

23 earlier date as the Governor determines to be appropriate. 


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1 SEC. 223. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE IN2 VESTMENT ACTIVITIES. 

3 (a) IN GENERAL.—From the funds allocated under 

4 section 228(b) to a local area, the local board for such 

5 area shall award grants or contracts on a competitive basis 

6 to providers of youth workforce investment activities iden7 tified based on the criteria in the State plan, as described 

8 in section 112(b)(2)(D)(i)(VI) and shall conduct oversight 

9 with respect to such providers. 

10 (b) EXCEPTIONS.—A local board may award grants 

11 or contracts on a sole-source basis if such board deter12 mines there is an insufficient number of eligible providers 

13 of youth workforce investment activities in the local area 

14 involved (such as a rural area) for grants and contracts 

15 to be awarded on a competitive basis under subsection (a). 

16 CHAPTER 2—YOUTH WORKFORCE 

17 INVESTMENT ACTIVITIES 

18 SEC. 226. GENERAL AUTHORIZATION. 

19 The Secretary shall make an allotment under section 

20 227(b)(1)(C) to each State that meets the requirements 

21 of section 112 or 113 and a grant under section 

22 227(b)(1)(B) to each outlying area that complies with the 

23 requirements of this title, to assist the State or outlying 

24 area, and to enable the State or outlying area to assist 

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1 ment activities for eligible youth in the State or outlying 

2 area and in the local areas. 

3 SEC. 227. STATE ALLOTMENTS. 

4 (a) IN GENERAL.—The Secretary shall— 

5 (1) for each fiscal year for which the amount 

6 appropriated under section 236(a) exceeds 

7 $1,000,000,000, reserve a portion (but not more 

8 than $10,000,000) of the amount appropriated 

9 under section 236(a) to provide youth workforce in10 vestment activities under section 267 (relating to mi11 grant and seasonal farmworkers); and 

12 (2) use the remainder of the amount appro13 priated under section 236(a) for a fiscal year to 

14 make allotments and grants in accordance with sub15 section (b). 

16 (b) ALLOTMENT AMONG STATES.— 

17 (1) YOUTH WORKFORCE INVESTMENT ACTIVI18 TIES.— 

19 (A) NATIVE AMERICANS.—From the 

20 amount appropriated under section 236(a) for a 

21 fiscal year that is not reserved under subsection 

22 (a)(1), the Secretary shall reserve not more 

than 11 23 ⁄2 percent of such amount to provide 

24 youth workforce investment activities under sec25 tion 266 (relating to Native Americans). 


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1 (B) OUTLYING AREAS.— 

2 (i) IN GENERAL.—From the amount 

3 appropriated under section 236(a) for each 

4 fiscal year that is not reserved under sub5 section (a)(1) and subparagraph (A), the 

Secretary shall reserve not more than 1 6 ⁄4 of 

7 1 percent of such amount to provide assist8 ance to the outlying areas to carry out 

9 youth workforce investment activities and 

10 statewide workforce investment activities. 

11 (ii) LIMITATION FOR OUTLYING

12 AREAS.— 

13 (I) COMPETITIVE GRANTS.—The 

14 Secretary shall use funds reserved 

15 under clause (i) to award grants to 

16 outlying areas to carry out youth 

17 workforce investment activities and 

18 statewide workforce investment activi19 ties. 

20 (II) AWARD BASIS.—The Sec21 retary shall award grants pursuant to 

22 subclause (I) on a competitive basis 

23 and pursuant to the recommendations 

24 of experts in the field of employment 

25 and training, working through the PaVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cific Region Educational Laboratory 

2 in Honolulu, Hawaii. 

3 (III) ADMINISTRATIVE COSTS.— 

4 The Secretary may provide not more 

5 than 5 percent of the funds made 

6 available for grants under subclause 

7 (I) to pay the administrative costs of 

8 the Pacific Region Educational Lab9 oratory in Honolulu, Hawaii, regard10 ing activities assisted under this 

11 clause. 

12 (iii) ADDITIONAL REQUIREMENT.— 

13 The provisions of section 501 of Public 

14 Law 95–134 (48 U.S.C. 1469a), permit15 ting the consolidation of grants by the out16 lying areas, shall not apply to assistance 

17 provided to those areas, including Palau, 

18 under this subparagraph. 

19 (C) STATES.— 

20 (i) IN GENERAL.—From the remain21 der of the amount appropriated under sec22 tion 236(a) for a fiscal year that exists 

23 after the Secretary determines the 

24 amounts to be reserved under subsection 

25 (a)(1) and subparagraphs (A) and (B), the 


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1 Secretary shall make allotments to the 

2 States in accordance with clause (ii). 

3 (ii) FORMULA.—Subject to clauses 

4 (iii) and (iv), of the amount described in 

5 clause (i), the Secretary shall allot— 

(I) 331 6 ⁄3 percent on the basis of 

7 the relative number of individuals in 

8 the civilian labor force who are ages 

9 16 through 21 in each State, com10 pared to the total number of individ11 uals in the civilian labor force who are 

12 ages 16 through 21 in all States; 

(II) 331 13 ⁄3 percent on the basis of 

14 the relative number of unemployed in15 dividuals in each State, compared to 

16 the total number of unemployed indi17 viduals in all States; and 

(III) 331 18 ⁄3 percent on the basis of 

19 the relative number of disadvantaged 

20 youth who are ages 16 through 21 in 

21 each State, compared to the total 

22 number of disadvantaged youth who 

23 are ages 16 through 21 in all States. 

24 (iii) MINIMUM AND MAXIMUM PER25 CENTAGES.— 


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1 (I) MINIMUM PERCENTAGE.— 

2 The Secretary shall ensure that no 

3 State shall receive an allotment per4 centage under this subparagraph for a 

5 fiscal year that is less than 90 percent 

6 of the allotment percentage of the 

7 State for the preceding fiscal year. 

8 (II) MAXIMUM PERCENTAGE.— 

9 Subject to subclause (I), the Secretary 

10 shall ensure that no State shall re11 ceive an allotment percentage under 

12 this subparagraph for a fiscal year 

13 that is more than 130 percent of the 

14 allotment percentage of the State for 

15 the preceding fiscal year. 

16 (iv) SMALL STATE MINIMUM ALLOT17 MENT.—Subject to clause (iii), the Sec18 retary shall ensure that no State shall re19 ceive an allotment under this subparagraph 

20 that is less than the total of— 

(I) 3 21 ⁄10 of 1 percent of 

22 $1,000,000,000, from the remainder 

23 described in clause (i) for the fiscal 

24 year; and 


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1 (II) if the remainder described in 

2 clause (i) for the fiscal year exceeds 

$1,000,000,000, 2 3 ⁄5 of 1 percent of 

4 the excess. 

5 (2) DEFINITIONS.—In paragraph (1): 

6 (A) ALLOTMENT PERCENTAGE.—The term 

7 ‘‘allotment percentage’’, used with respect to 

8 fiscal year 2014 or a subsequent fiscal year, 

9 means a percentage of the remainder described 

10 in paragraph (1)(C)(i) that is received by the 

11 State involved through an allotment made 

12 under this subsection for the fiscal year. The 

13 term, used with respect to fiscal year 2013, 

14 means the percentage of the amount allotted to 

15 States under chapter 4 of subtitle B of title I 

16 of the Workforce Investment Act of 1998 (as in 

17 effect on the day before the date of enactment 

18 of this Act) that is received by the State in19 volved for fiscal year 2013. 

20 (B) DISADVANTAGED YOUTH.—Subject to 

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

22 means an individual who— 

23 (i) is age 16 through 21; and 

24 (ii) received an income, or is a mem25 ber of a family that received a total family 


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1 income, that, in relation to family size, 

2 does not exceed 150 percent of the poverty 

3 line. 

4 (3) SPECIAL RULE.—For purposes of the for5 mula specified in paragraph (1)(C)(ii), the Secretary 

6 shall, as appropriate and to the extent practicable, 

7 exclude college students and members of the Armed 

8 Forces from the determination of the number of dis9 advantaged youth. 

10 (c) REALLOTMENT.— 

11 (1) IN GENERAL.—The Secretary shall, in ac12 cordance with this subsection, reallot to eligible 

13 States amounts that are made available to States 

14 from allotments made under this section or a cor15 responding provision of the Workforce Investment 

16 Act of 1998 for youth workforce investment activi17 ties and statewide workforce investment activities 

18 (referred to individually in this subsection as a 

19 ‘‘State allotment’’) and that are available for reallot20 ment. 

21 (2) AMOUNT.—The amount available for real22 lotment for a program year is equal to the amount 

23 by which the unobligated balance from State allot24 ments to the State at the end of the program year 

25 prior to the program year for which the determinaVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tion is made, exceeds 10 percent of the total amount 

2 of funds available to the State for that prior pro3 gram year, consisting of the State allotment to the 

4 State for such prior program year (and amounts 

5 from State allotments to the State, for all program 

6 years before that prior program year, that remained 

7 available). 

8 (3) REALLOTMENT.—In making reallotments to 

9 eligible States of amounts available pursuant to 

10 paragraph (2) for a program year, the Secretary 

11 shall allot to each eligible State an amount based on 

12 the relative amount of the State allotment for the 

13 program year for which the determination is made, 

14 as compared to the total amount of the State allot15 ments for all eligible States for such program year. 

16 (4) ELIGIBILITY.—For purposes of this sub17 section, an eligible State means a State that does 

18 not have an amount available for reallotment under 

19 paragraph (2) for the program year for which the 

20 determination under paragraph (2) is made. 

21 (5) PROCEDURES.—The Governor shall pre22 scribe uniform procedures for the obligation of funds 

23 by local areas within the State in order to avoid the 

24 requirement that funds be made available for reallot25 ment under this subsection. The Governor shall furVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ther prescribe equitable procedures for making funds 

2 available from the State and local areas in the event 

3 that a State is required to make funds available for 

4 reallotment under this subsection. 

5 SEC. 228. WITHIN STATE ALLOCATIONS. 

6 (a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 

7 (1) IN GENERAL.—The Governor shall reserve 

8 not more than 15 percent of each of the amounts al9 lotted to the State under section 227(b)(1)(C) and 

10 paragraphs (1)(B) and (2)(B) of section 232(b) for 

11 a fiscal year for statewide workforce investment ac12 tivities. 

13 (2) USE OF FUNDS.—Regardless of whether the 

14 reserved amounts were allotted under section 

15 227(b)(1)(C), or under paragraph (1)(B) or (2)(B) 

16 of section 232(b), the Governor may use the re17 served amounts to carry out statewide activities 

18 under section 229(b) or statewide employment and 

19 training activities, for adults or dislocated workers, 

20 under section 234(a). 

21 (b) WITHIN STATE ALLOCATIONS.— 

22 (1) IN GENERAL.—Of the amount allotted to 

23 the State under section 227(b)(1)(C) and not re24 served under subsection (a)(1)— 


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1 (A) a portion equal to not less than 80 

2 percent of such amount shall be allocated by 

3 the Governor to local areas in accordance with 

4 paragraph (2); and 

5 (B) a portion equal to not more than 20 

6 percent of such amount may be allocated by the 

7 Governor to local areas in accordance with 

8 paragraph (3). 

9 (2) ESTABLISHED FORMULA.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), of the portion described in para12 graph (1)(A), the Governor shall allocate— 

(i) 331 13 ⁄3 percent on the basis of the 

14 relative number of individuals in the civil15 ian labor force who are ages 16 through 21 

16 in each local area, compared to the total 

17 number of individuals in the civilian labor 

18 force who are ages 16 through 21 in all 

19 local areas in the State; 

(ii) 331 20 ⁄3 percent on the basis of the 

21 relative number of unemployed individuals 

22 in each local area, compared to the total 

23 number of unemployed individuals in all 

24 local areas in the State; and 


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(iii) 331 1 ⁄3 percent on the basis of the 

2 relative number of disadvantaged youth 

3 who are ages 16 through 21 in each local 

4 area, compared to the total number of dis5 advantaged youth who are ages 16 through 

6 21 in all local areas in the State. 

7 (B) MINIMUM AND MAXIMUM PERCENT8 AGES.— 

9 (i) MINIMUM PERCENTAGE.—The 

10 Governor shall ensure that no local area 

11 shall receive an allocation percentage under 

12 this paragraph for a fiscal year that is less 

13 than 90 percent of the allocation percent14 age of the local area for the preceding fis15 cal year. 

16 (ii) MAXIMUM PERCENTAGE.—Subject 

17 to clause (i), the Governor shall ensure 

18 that no local area shall receive an alloca19 tion percentage under this paragraph for a 

20 fiscal year that is more than 130 percent 

21 of the allocation percentage of the local 

22 area for the preceding fiscal year. 

23 (C) DEFINITIONS.—In this paragraph: 

24 (i) ALLOCATION PERCENTAGE.—The 

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1 spect to fiscal year 2014 or a subsequent 

2 fiscal year, means a percentage of the por3 tion described in paragraph (1)(A) that is 

4 received by the local area involved through 

5 an allocation made under this paragraph 

6 for the fiscal year. The term, used with re7 spect to fiscal year 2013, means the per8 centage of the amount allocated to local 

9 areas under chapter 4 of subtitle B of title 

10 I of the Workforce Investment Act of 1998 

11 (as in effect on the day before the date of 

12 enactment of this Act) that is received by 

13 the local area involved for fiscal year 2013. 

14 (ii) DISADVANTAGED YOUTH.—Sub15 ject to subparagraph (D), the term ‘‘dis16 advantaged youth’’ means an individual 

17 who— 

18 (I) is age 16 through 21; and 

19 (II) received an income, or is a 

20 member of a family that received a 

21 total family income, that, in relation 

22 to family size, does not exceed 150 

23 percent of the poverty line. 

24 (D) SPECIAL RULE.—For purposes of the 

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1 ernor shall, as appropriate and to the extent 

2 practicable, exclude college students and mem3 bers of the Armed Forces from the determina4 tion of the number of disadvantaged youth. 

5 (3) YOUTH DISCRETIONARY ALLOCATION.—The 

6 Governor may allocate the portion described in para7 graph (1)(B) to local areas where there are a signifi8 cant number of eligible youth, after consultation 

9 with the State board and local boards. 

10 (4) LOCAL ADMINISTRATIVE COST LIMIT.— 

11 (A) IN GENERAL.—Of the amount allo12 cated to a local area under this subsection and 

13 section 233(b) for a fiscal year, not more than 

14 10 percent of the amount may be used by the 

15 local board involved for the administrative costs 

16 of carrying out local workforce investment ac17 tivities under this chapter or chapter 3. 

18 (B) USE OF FUNDS.—Funds made avail19 able for administrative costs under subpara20 graph (A) may be used for the administrative 

21 costs of any of the local workforce investment 

22 activities described in this chapter or chapter 3, 

23 regardless of whether the funds were allocated 

24 under this subsection or section 233(b). 

25 (c) REALLOCATION AMONG LOCAL AREAS.— 


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1 (1) IN GENERAL.—The Governor may, in ac2 cordance with this subsection and after consultation 

3 with the State Board, reallocate to eligible local 

4 areas within the State amounts that are made avail5 able to local areas from allocations made under this 

6 section or a corresponding provision of the Work7 force Investment Act of 1998 for youth workforce 

8 investment activities (referred to individually in this 

9 subsection as a ‘‘local allocation’’) and that are 

10 available for reallocation. 

11 (2) AMOUNT.— 

12 (A) IN GENERAL.—The amount available 

13 for reallocation for a program year is equal to 

14 the amount by which the balance that is unobli15 gated and unencumbered for training services 

16 at the end of the program year prior to the pro17 gram year for which the determination is made, 

18 exceeds 10 percent of the total amount of funds 

19 available to the local area for that prior pro20 gram year, consisting of the local allocation to 

21 the local area for such prior program year (and 

22 amounts from local allocations to the local area, 

23 for all program years before that prior program 

24 year, that remained available). 


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1 (B) BALANCE OF FUNDS.—For purposes 

2 of this paragraph, the balance that is unobli3 gated and unencumbered for training services is 

4 the amount that is the difference between— 

5 (i) the total amount of funds available 

6 to the local area under this section for that 

7 prior program year, consisting of the local 

8 allocation to the local area for such prior 

9 program year (and amounts from local al10 locations to the local area, for all program 

11 years before that prior program year, that 

12 remained available); and 

13 (ii) the amount, from that total 

14 amount of available funds, that is obligated 

15 or encumbered (in accordance with gen16 erally accepted accounting principles) for 

17 training services during such prior pro18 gram year, except that for purposes of this 

19 paragraph the amount included as encum20 bered for training services shall not exceed 

21 10 percent of the total amount of available 

22 funds described in clause (i). 

23 (3) REALLOCATION.—In making reallocations 

24 to eligible local areas of amounts available pursuant 

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


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•S 1356 IS

1 shall allocate to each eligible local area within the 

2 State an amount based on the relative amount of the 

3 local allocation for the program year for which the 

4 determination is made, as compared to the total 

5 amount of the local allocations for all eligible local 

6 areas for such program year. 

7 (4) ELIGIBILITY.—For purposes of this sub8 section, an eligible local area means a local area that 

9 does not have an amount available for reallocation 

10 under paragraph (2) for the program year for which 

11 the determination under paragraph (2) is made. 

12 (5) GUIDANCE AND TECHNICAL ASSISTANCE.— 

13 Not later than 90 days after the date of enactment 

14 of this Act, the Secretary shall issue guidance for 

15 implementing this subsection, and guidance for im16 plementing section 233(c), including for calculating 

17 the amount of funds that are unobligated and the 

18 amount of funds that are unencumbered for training 

19 services. The Secretary shall also provide technical 

20 assistance to local areas regarding the implementa21 tion of this subsection. 

22 SEC. 229. USE OF FUNDS FOR YOUTH WORKFORCE INVEST23 MENT ACTIVITIES. 

24 (a) YOUTH PARTICIPANT ELIGIBILITY.— 

25 (1) ELIGIBILITY.— 


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1 (A) IN GENERAL.—To be eligible to par2 ticipate in activities carried out under this 

3 chapter during any program year an individual 

4 shall, at the time the eligibility determination is 

5 made, be an out-of-school youth or an in-school 

6 youth. 

7 (B) OUT-OF-SCHOOL YOUTH.—In this title, 

8 the term ‘‘out-of-school youth’’ means an indi9 vidual who is— 

10 (i) not attending any school (as de11 fined under State law); 

12 (ii) not younger than age 16 or older 

13 than age 24; and 

14 (iii) one or more of the following: 

15 (I) A school dropout. 

16 (II) A youth who is within the 

17 age of compulsory school attendance, 

18 but has not attended school for at 

19 least the most recent complete school 

20 year calendar quarter. 

21 (III) A recipient of a secondary 

22 school diploma or its recognized equiv23 alent who is a low-income individual 

24 and is— 

25 (aa) basic skills deficient; or 


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1 (bb) an English language 

2 learner. 

3 (IV) An individual who is subject 

4 to the juvenile or adult justice system. 

5 (V) A homeless individual (as de6 fined in section 41403(6) of the Vio7 lence Against Women Act of 1994 (42 

8 U.S.C. 14043e–2(6)), except that 

9 clauses (i)(IV) and (iii) of subpara10 graph (B) of such section shall not 

11 apply), a homeless child or youth (as 

12 defined in section 725(2) of the 

13 McKinney-Vento Homeless Assistance 

14 Act (42 U.S.C. 11434a(2)), except 

15 that subparagraph (B)(iv) of such sec16 tion shall not apply), a runaway, in 

17 foster care or has aged out of the fos18 ter care system, a child eligible for as19 sistance under section 477 of the So20 cial Security Act (42 U.S.C. 677), or 

21 in an out-of-home placement. 

22 (VI) An individual who is preg23 nant or parenting. 

24 (VII) A youth who is an indi25 vidual with a disability. 


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1 (VIII) A low-income individual 

2 who requires additional assistance to 

3 enter or complete an educational pro4 gram or to secure or hold employ5 ment. 

6 (C) IN-SCHOOL YOUTH.—In this section, 

7 the term ‘‘in-school youth’’ means an individual 

8 who is— 

9 (i) attending school (as defined by 

10 State law); 

11 (ii) not younger than age 14 or (un12 less an individual with a disability who is 

13 attending school under State law) older 

14 than age 21; 

15 (iii) a low-income individual; and 

16 (iv) one or more of the following: 

17 (I) Basic skills deficient. 

18 (II) An English language learner. 

19 (III) An offender. 

20 (IV) A homeless individual (as 

21 defined in section 41403(6) of the Vi22 olence Against Women Act of 1994 

23 (42 U.S.C. 14043e–2(6)), except that 

24 clauses (i)(IV) and (iii) of subpara25 graph (B) of such section shall not 


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•S 1356 IS

1 apply), a homeless child or youth (as 

2 defined in section 725(2) of the 

3 McKinney-Vento Homeless Assistance 

4 Act (42 U.S.C. 11434a(2)), except 

5 that subparagraph (B)(iv) of such sec6 tion shall not apply), a runaway, in 

7 foster care or has aged out of the fos8 ter care system, a child eligible for as9 sistance under section 477 of the So10 cial Security Act (42 U.S.C. 677), or 

11 in an out-of-home placement. 

12 (V) Pregnant or parenting. 

13 (VI) A youth who is an individual 

14 with a disability. 

15 (VII) An individual who requires 

16 additional assistance to complete an 

17 educational program or to secure or 

18 hold employment. 

19 (2) SPECIAL RULE.—For the purpose of this 

20 subsection, the term ‘‘low-income’’, used with respect 

21 to an individual, also includes a youth living in a 

22 high-poverty area. 

23 (3) EXCEPTION AND LIMITATION.— 

24 (A) EXCEPTION FOR PERSONS WHO ARE

25 NOT LOW-INCOME INDIVIDUALS.— 


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1 (i) DEFINITION.—In this subpara2 graph, the term ‘‘covered individual’’ 

3 means an in-school youth, or an out-of4 school youth who is described in subclause 

5 (III) or (VIII) of paragraph (1)(B)(iii). 

6 (ii) EXCEPTION.—In each local area, 

7 not more than 5 percent of the individuals 

8 assisted under this section may be persons 

9 who would be covered individuals, except 

10 that the persons are not low-income indi11 viduals. 

12 (B) LIMITATION.—In each local area, not 

13 more than 5 percent of the in-school youth as14 sisted under this section may be eligible under 

15 paragraph (1) because the youth are in-school 

16 youth described in paragraph (1)(C)(iv)(VII). 

17 (4) OUT-OF-SCHOOL PRIORITY.— 

18 (A) IN GENERAL.—For any program year, 

19 not less than 75 percent of the funds available 

20 for statewide activities under subsection (b), 

21 and not less than 75 percent of funds available 

22 to local areas under subsection (c), shall be 

23 used to provide youth workforce investment ac24 tivities for out-of-school youth. 


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1 (B) EXCEPTION.—A State that receives a 

2 minimum allotment under section 227(b)(1) in 

3 accordance with section 227(b)(1)(C)(iv) or 

4 under section 232(b)(1) in accordance with sec5 tion 232(b)(1)(B)(v) may decrease the percent6 age described in subparagraph (A) for a local 

7 area in the State, if— 

8 (i) after an analysis of the in-school 

9 youth and out-of-school youth populations 

10 in the local area, the State determines that 

11 the local area will be unable to use at least 

12 75 percent of the funds available for activi13 ties under subsection (c) to serve out-of14 school youth due to a low number of out15 of-school youth; and 

16 (ii)(I) the State submits to the Sec17 retary, for the local area, a request includ18 ing a proposed decreased percentage for 

19 purposes of subparagraph (A), and a sum20 mary of the analysis described in clause 

21 (i); and 

22 (II) the request is approved by the 

23 Secretary. 

24 (5) CONSISTENCY WITH COMPULSORY SCHOOL

25 ATTENDANCE LAWS.—In providing assistance under 


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•S 1356 IS

1 this section to an individual who is required to at2 tend school under applicable State compulsory school 

3 attendance laws, the priority in providing such as4 sistance shall be for the individual to attend school 

5 regularly. 

6 (b) STATEWIDE ACTIVITIES.— 

7 (1) IN GENERAL.—Funds reserved by a Gov8 ernor as described in sections 228(a) and 233(a)(1) 

9 shall be used, regardless of whether the funds were 

10 allotted to the State under section 227(b)(1)(C) or 

11 under paragraph (1)(B) or (2)(B) of section 232(b) 

12 for statewide activities, which may include— 

13 (A) conducting— 

14 (i) evaluations under section 131(e) of 

15 activities authorized under this chapter 

16 and chapter 3 in coordination with evalua17 tions carried out by the Secretary under 

18 section 270(a); 

19 (ii) research related to meeting the 

20 education and employment needs of youth; 

21 and 

22 (iii) demonstration projects related to 

23 meeting the education and employment 

24 needs of youth; 


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1 (B) providing assistance to local areas as 

2 described in clauses (i) and (ii) of section 

3 116(c)(1)(B), for local coordination of activities 

4 carried out under this title; 

5 (C) in order to build capacity, providing 

6 technical assistance to, as appropriate, local 

7 boards, chief elected officials, one-stop opera8 tors, one-stop partners, and eligible providers, 

9 in local areas, which provision of technical as10 sistance shall include the development and 

11 training of staff, the development of exemplary 

12 program activities, the provision of technical as13 sistance to local areas that fail to meet local 

14 performance accountability measures described 

15 in section 131(c), and the provision of tech16 nology to facilitate remote access to services 

17 provided through the one-stop delivery system 

18 in the State; 

19 (D) operating a fiscal and management ac20 countability information system under section 

21 131(i); 

22 (E) carrying out monitoring and oversight 

23 of activities carried out under this chapter and 

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1 paring the services provided to male and female 

2 youth; 

3 (F) providing additional assistance to local 

4 areas that have high concentrations of eligible 

5 youth; 

6 (G) supporting the development of alter7 native programs and other activities that en8 hance the choices available to eligible youth and 

9 encourage such youth to reenter and complete 

10 secondary education, enroll in postsecondary 

11 education and advanced training, progress 

12 through a career pathway, and enter employ13 ment that leads to economic self-sufficiency; 

14 (H) supporting the provision of core serv15 ices described in section 234(c)(2) in the one16 stop delivery system in the State; and 

17 (I) supporting financial literacy, includ18 ing— 

19 (i) supporting the ability of partici20 pants to create household budgets, initiate 

21 savings plans, and make informed financial 

22 decisions about education, retirement, 

23 home ownership, wealth building, or other 

24 savings goals; 


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1 (ii) supporting the ability to manage 

2 spending, credit, and debt, including credit 

3 card debt, effectively; 

4 (iii) increasing awareness of the avail5 ability and significance of credit reports 

6 and credit scores in obtaining credit, in7 cluding determining their accuracy (and 

8 how to correct inaccuracies in the reports 

9 and scores), and their effect on credit 

10 terms; 

11 (iv) supporting the ability to under12 stand, evaluate, and compare financial 

13 products, services, and opportunities; and 

14 (v) supporting activities that address 

15 the particular financial literacy needs of 

16 non-English speakers, including providing 

17 the support through the development and 

18 distribution of multilingual financial lit19 eracy and education materials. 

20 (2) LIMITATION.—Not more than 5 percent of 

21 the funds allotted to a State under section 

22 227(b)(1)(C) shall be used by the State for adminis23 trative activities carried out under this subsection or 

24 section 234(a). 

25 (c) LOCAL ELEMENTS AND REQUIREMENTS.— 


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1 (1) PROGRAM DESIGN.—Funds allocated to a 

2 local area for eligible youth under section 228(b) 

3 shall be used to carry out, for eligible youth, pro4 grams that— 

5 (A) provide an objective assessment of the 

6 academic levels, skill levels, and service needs of 

7 each participant, which assessment shall include 

8 a review of basic skills, occupational skills, prior 

9 work experience, employability, interests, apti10 tudes (including interests and aptitudes for 

11 nontraditional jobs), supportive service needs, 

12 and developmental needs of such participant, 

13 for the purpose of identifying appropriate serv14 ices and career pathways for participants, ex15 cept that a new assessment of a participant is 

16 not required if the provider carrying out such 

17 a program determines it is appropriate to use 

18 a recent assessment of the participant con19 ducted pursuant to another education or train20 ing program; 

21 (B) develop service strategies for each par22 ticipant that are directly linked to 1 or more of 

23 the indicators of performance described in sec24 tion 131(b)(2)(A)(ii), and that shall identify ca25 reer pathways that include education and emVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ployment goals (including, in appropriate cir2 cumstances, nontraditional employment), appro3 priate achievement objectives, and appropriate 

4 services for the participant taking into account 

5 the assessment conducted pursuant to subpara6 graph (A), except that a new service strategy 

7 for a participant is not required if the provider 

8 carrying out such a program determines it is 

9 appropriate to use a recent service strategy de10 veloped for the participant under another edu11 cation or training program; and 

12 (C) provide— 

13 (i) activities leading to the attainment 

14 of a secondary school diploma or its recog15 nized equivalent, or a recognized postsec16 ondary credential; 

17 (ii) preparation for postsecondary 

18 educational and training opportunities; 

19 (iii) strong linkages between academic 

20 instruction (based on State academic con21 tent and student academic achievement 

22 standards established under section 1111 

23 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6311)) and 

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1 tainment of recognized postsecondary cre2 dentials; 

3 (iv) preparation for unsubsidized em4 ployment opportunities, in appropriate 

5 cases; and 

6 (v) effective connections to employers, 

7 including small employers, in in-demand 

8 industry sectors and occupations of the 

9 local and regional labor markets. 

10 (2) PROGRAM ELEMENTS.—In order to support 

11 the attainment of a secondary school diploma or its 

12 recognized equivalent, entry into postsecondary edu13 cation, and career readiness for participants, the 

14 programs described in paragraph (1) shall provide 

15 elements consisting of— 

16 (A) tutoring, study skills training, instruc17 tion, and dropout prevention strategies that 

18 lead to completion of the requirements for a 

19 secondary school diploma or its recognized 

20 equivalent (including a recognized certificate of 

21 attendance or similar document for individuals 

22 with disabilities) or for a recognized postsec23 ondary credential; 

24 (B) alternative secondary school services, 

25 as appropriate; 


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1 (C) paid and unpaid work experiences that 

2 have as a component academic and occupational 

3 education, which may include— 

4 (i) summer employment opportunities 

5 and other employment opportunities avail6 able throughout the school year; 

7 (ii) pre-apprenticeship programs; 

8 (iii) internships and job shadowing; 

9 and 

10 (iv) on-the-job training opportunities; 

11 (D) occupational skill training; 

12 (E) education offered concurrently with 

13 and in the same context as workforce prepara14 tion activities and training for a specific occu15 pation or occupational cluster; 

16 (F) leadership development opportunities, 

17 which may include community service and peer18 centered activities encouraging responsibility 

19 and other positive social and civic behaviors, as 

20 appropriate; 

21 (G) supportive services; 

22 (H) adult mentoring for the period of par23 ticipation and a subsequent period, for a total 

24 of not less than 12 months; 


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1 (I) followup services for not less than 12 

2 months after the completion of participation, as 

3 appropriate; 

4 (J) comprehensive guidance and coun5 seling, which may include drug and alcohol 

6 abuse counseling and referral, as appropriate; 

7 (K) financial literacy education; 

8 (L) entrepreneurial skills training; 

9 (M) services that provide labor market and 

10 employment information about in-demand in11 dustry sectors or occupations available in the 

12 local area, such as career awareness, career 

13 counseling, and career exploration services; and 

14 (N) activities that help youth prepare for 

15 and transition to postsecondary education and 

16 training. 

17 (3) ADDITIONAL REQUIREMENTS.— 

18 (A) INFORMATION AND REFERRALS.— 

19 Each local board shall ensure that each partici20 pant shall be provided— 

21 (i) information on the full array of ap22 plicable or appropriate services that are 

23 available through the local board or other 

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1 cluding those providers or partners receiv2 ing funds under this subtitle; and 

3 (ii) referral to appropriate training 

4 and educational programs that have the 

5 capacity to serve the participant either on 

6 a sequential or concurrent basis. 

7 (B) APPLICANTS NOT MEETING ENROLL8 MENT REQUIREMENTS.—Each eligible provider 

9 of a program of youth workforce investment ac10 tivities shall ensure that an eligible applicant 

11 who does not meet the enrollment requirements 

12 of the particular program or who cannot be 

13 served shall be referred for further assessment, 

14 as necessary, and referred to appropriate pro15 grams in accordance with subparagraph (A) to 

16 meet the basic skills and training needs of the 

17 applicant. 

18 (C) INVOLVEMENT IN DESIGN AND IMPLE19 MENTATION.—The local board shall ensure that 

20 parents, participants, and other members of the 

21 community with experience relating to pro22 grams for youth are involved in the design and 

23 implementation of the programs described in 

24 paragraph (1). 


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1 (4) PRIORITY.—Not less than 20 percent of the 

2 funds allocated to the local area as described in 

3 paragraph (1) shall be used to provide in-school 

4 youth and out-of-school youth with activities under 

5 paragraph (2)(C). 

6 (5) RULE OF CONSTRUCTION.—Nothing in this 

7 chapter shall be construed to require that each of 

8 the elements described in subparagraphs of para9 graph (2) be offered by each provider of youth serv10 ices. 

11 (6) PROHIBITIONS.— 

12 (A) PROHIBITION AGAINST FEDERAL CON13 TROL OF EDUCATION.—No provision of this Act 

14 shall be construed to authorize any department, 

15 agency, officer, or employee of the United 

16 States to exercise any direction, supervision, or 

17 control over the curriculum, program of instruc18 tion, administration, or personnel of any edu19 cational institution, school, or school system, or 

20 over the selection of library resources, text21 books, or other printed or published instruc22 tional materials by any educational institution, 

23 school, or school system. 

24 (B) NONINTERFERENCE AND NON25 REPLACEMENT OF REGULAR ACADEMIC REVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 QUIREMENTS.—No funds described in para2 graph (1) shall be used to provide an activity 

3 for eligible youth who are not school dropouts 

4 if participation in the activity would interfere 

5 with or replace the regular academic require6 ments of the youth. 

7 (7) LINKAGES.—In coordinating the programs 

8 authorized under this section, local boards shall es9 tablish linkages with local educational agencies re10 sponsible for services to participants as appropriate. 

11 (8) VOLUNTEERS.—The local board shall make 

12 opportunities available for individuals who have suc13 cessfully participated in programs carried out under 

14 this section to volunteer assistance to participants in 

15 the form of mentoring, tutoring, and other activities. 

16 CHAPTER 3—ADULT AND DISLOCATED 

17 WORKER EMPLOYMENT AND TRAIN18 ING ACTIVITIES 

19 SEC. 231. GENERAL AUTHORIZATION. 

20 The Secretary shall make allotments under para21 graphs (1)(B) and (2)(B) of section 232(b) to each State 

22 that meets the requirements of section 112 or 113 and 

23 grants under paragraphs (1)(A) and (2)(A) of section 

24 232(b) to each outlying area that complies with the re25 quirements of this title, to assist the State or outlying 


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1 area, and to enable the State or outlying area to assist 

2 local areas, for the purpose of providing workforce invest3 ment activities for adults, and dislocated workers, in the 

4 State or outlying area and in the local areas. 

5 SEC. 232. STATE ALLOTMENTS. 

6 (a) IN GENERAL.—The Secretary shall— 

7 (1) make allotments and grants from the 

8 amount appropriated under section 236(b) for a fis9 cal year in accordance with subsection (b)(1); and 

10 (2)(A) reserve 20 percent of the amount appro11 priated under section 236(c) for the fiscal year for 

12 use under subsection (b)(2)(A), and under sections 

13 269(b) (relating to dislocated worker technical as14 sistance), 270(c) (relating to dislocated worker 

15 projects), and 271 (relating to national dislocated 

16 worker grants) other than subsections (b)(1)(E), (e), 

17 and (f) of that section; and 

18 (B) make allotments from 80 percent of the 

19 amount appropriated under section 236(c) for the 

20 fiscal year in accordance with subsection (b)(2)(B). 

21 (b) ALLOTMENT AMONG STATES.— 

22 (1) ADULT EMPLOYMENT AND TRAINING AC23 TIVITIES.— 

24 (A) RESERVATION FOR OUTLYING

25 AREAS.— 


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1 (i) IN GENERAL.—From the amount 

2 made available under subsection (a)(1) for 

3 a fiscal year, the Secretary shall reserve 

not more than 1 4 ⁄4 of 1 percent of such 

5 amount to provide assistance to the out6 lying areas. 

7 (ii) APPLICABILITY OF ADDITIONAL

8 REQUIREMENTS.—From the amount re9 served under clause (i), the Secretary shall 

10 provide assistance to the outlying areas for 

11 adult employment and training activities 

12 and statewide workforce investment activi13 ties in accordance with the requirements of 

14 section 227(b)(1)(B). 

15 (B) STATES.— 

16 (i) IN GENERAL.—After determining 

17 the amount to be reserved under subpara18 graph (A), the Secretary shall allot the 

19 amount made available under subsection 

20 (a)(1) for that fiscal year to the States 

21 pursuant to clause (ii) for adult employ22 ment and training activities and statewide 

23 workforce investment activities. 


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1 (ii) FORMULA.—Subject to clauses 

2 (iii), (iv), and (v), of the remainder, the 

3 Secretary shall allot— 

4 (I) 40 percent on the basis of the 

5 relative number of unemployed indi6 viduals in areas of substantial unem7 ployment in each State, compared to 

8 the total number of unemployed indi9 viduals in areas of substantial unem10 ployment in all States; 

11 (II) 25 percent on the basis of 

12 the relative number of individuals in 

13 the civilian labor force in each State, 

14 compared to the total number of such 

15 individuals in all States; and 

16 (III) 35 percent on the basis of 

17 the relative number of disadvantaged 

18 adults in each State, compared to the 

19 total number of disadvantaged adults 

20 in all States, except as described in 

21 clause (iii). 

22 (iii) CALCULATION.—In determining 

23 an allotment under clause (ii)(III) for any 

24 State in which there is a local area whose 

25 governing body is the governing body of a 


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1 concentrated employment program de2 scribed in section 117(c)(1)(C), the allot3 ment shall be calculated by counting, for 

4 that local area, the higher of— 

5 (I) the number of adults in fami6 lies with an income below 150 percent 

7 of the poverty line in such area; or 

8 (II) the number of disadvantaged 

9 adults in such area. 

10 (iv) MINIMUM AND MAXIMUM PER11 CENTAGES AND MINIMUM ALLOTMENTS.— 

12 In making allotments under this subpara13 graph, the Secretary shall ensure the fol14 lowing: 

15 (I) MINIMUM PERCENTAGE AND

16 ALLOTMENT.—The Secretary shall en17 sure that no State shall receive an al18 lotment for a fiscal year that is less 

19 than an amount based on 90 percent 

20 of the allotment percentage of the 

21 State for the preceding fiscal year. 

22 (II) MAXIMUM PERCENTAGE.— 

23 Subject to subclause (I), the Secretary 

24 shall ensure that no State shall re25 ceive an allotment percentage for a 


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1 fiscal year that is more than 130 per2 cent of the allotment percentage of 

3 the State for the preceding fiscal year. 

4 (v) SMALL STATE MINIMUM ALLOT5 MENT.—Subject to clause (iii), the Sec6 retary shall ensure that no State shall re7 ceive an allotment under this subparagraph 

8 that is less than the total of— 

(I) 3 9 ⁄10 of 1 percent of 

10 $960,000,000, from the remainder de11 scribed in clause (i) for the fiscal 

12 year; and 

13 (II) if the remainder described in 

14 clause (i) for the fiscal year exceeds 

$960,000,000, 2 15 ⁄5 of 1 percent of the 

16 excess. 

17 (C) DEFINITIONS.—In this paragraph: 

18 (i) ADULT.—The term ‘‘adult’’ means 

19 an individual who is not less than age 22 

20 and not more than age 72. 

21 (ii) ALLOTMENT PERCENTAGE.—The 

22 term ‘‘allotment percentage’’, used with re23 spect to fiscal year 2014 or a subsequent 

24 fiscal year, means a percentage of the re25 mainder described in subparagraph (B)(i) 


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1 that is received by the State involved 

2 through an allotment made under this 

3 paragraph for the fiscal year. The term, 

4 used with respect to fiscal year 2013, 

5 means the percentage of the amount allot6 ted to States under section 132(b)(1)(B) 

7 of the Workforce Investment Act of 1998 

8 (as in effect on the day before the date of 

9 enactment of this Act) that is received by 

10 the State involved for fiscal year 2013. 

11 (iii) AREA OF SUBSTANTIAL UNEM12 PLOYMENT.—The term ‘‘area of substan13 tial unemployment’’ means any area that is 

14 of sufficient size and scope to sustain a 

15 program of workforce investment activities 

16 carried out under this subtitle and that 

17 has an average rate of unemployment of at 

18 least 6.5 percent for the most recent 12 

19 months, as determined by the Secretary. 

20 For purposes of this clause, determinations 

21 of areas of substantial unemployment shall 

22 be made once each fiscal year. 

23 (iv) DISADVANTAGED ADULT.—Sub24 ject to subparagraph (D), the term ‘‘dis25 advantaged adult’’ means an adult who reVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ceived an income, or is a member of a fam2 ily that received a total family income, 

3 that, in relation to family size, does not ex4 ceed 150 percent of the poverty line. 

5 (D) DISADVANTAGED ADULT SPECIAL

6 RULE.—For purposes of the formula specified 

7 in clauses (ii) and (iii) of subparagraph (B), the 

8 Secretary shall, as appropriate and to the ex9 tent practicable, exclude college students and 

10 members of the Armed Forces from the deter11 mination of the number of disadvantaged 

12 adults. 

13 (2) DISLOCATED WORKER EMPLOYMENT AND

14 TRAINING.— 

15 (A) RESERVATION FOR OUTLYING

16 AREAS.— 

17 (i) IN GENERAL.—From the amount 

18 made available under subsection (a)(2)(A) 

19 for a fiscal year, the Secretary shall reserve not more than 1 20 ⁄4 of 1 percent of the 

21 amount appropriated under section 236(c) 

22 for the fiscal year to provide assistance to 

23 the outlying areas. 

24 (ii) APPLICABILITY OF ADDITIONAL

25 REQUIREMENTS.—From the amount reVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 served under clause (i), the Secretary shall 

2 provide assistance to the outlying areas for 

3 dislocated worker employment and training 

4 activities and statewide workforce invest5 ment activities in accordance with the re6 quirements of section 227(b)(1)(B). 

7 (B) STATES.— 

8 (i) IN GENERAL.—The Secretary shall 

9 allot the amount made available under sub10 section (a)(2)(B) for that fiscal year to the 

11 States pursuant to clause (ii) for dislocated 

12 worker employment and training activities 

13 and statewide workforce investment activi14 ties. 

15 (ii) FORMULA.—Subject to clause 

16 (iii), of such amount, the Secretary shall 

17 allot— 

(I) 331 18 ⁄3 percent on the basis of 

19 the relative number of unemployed in20 dividuals in each State, compared to 

21 the total number of unemployed indi22 viduals in all States; 

(II) 331 23 ⁄3 percent on the basis of 

24 the relative excess number of unem25 ployed individuals in each State, comVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 pared to the total excess number of 

2 unemployed individuals in all States; 

3 and 

(III) 331 4 ⁄3 percent on the basis of 

5 the relative number of individuals in 

6 each State who have been unemployed 

7 for 15 weeks or more, compared to 

8 the total number of individuals in all 

9 States who have been unemployed for 

10 15 weeks or more. 

11 (iii) MINIMUM AND MAXIMUM PER12 CENTAGES AND MINIMUM ALLOTMENTS.— 

13 In making allotments under this subpara14 graph, the Secretary shall ensure the fol15 lowing: 

16 (I) MINIMUM PERCENTAGE AND

17 ALLOTMENT.—The Secretary shall en18 sure that no State shall receive an al19 lotment for a fiscal year that is less 

20 than an amount based on 90 percent 

21 of the allotment percentage of the 

22 State for the preceding fiscal year. 

23 (II) MAXIMUM PERCENTAGE.— 

24 Subject to subclause (I), the Secretary 

25 shall ensure that no State shall reVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ceive an allotment percentage for a 

2 fiscal year that is more than 130 per3 cent of the allotment percentage of 

4 the State for the preceding fiscal year. 

5 (C) DEFINITIONS.—In this paragraph: 

6 (i) EXCESS NUMBER.—The term ‘‘ex7 cess number’’ means, used with respect to 

8 the excess number of unemployed individ9 uals within a State, the number that rep10 resents the number of unemployed individ11 uals in excess of 4.5 percent of the civilian 

12 labor force in the State. 

13 (ii) ALLOTMENT PERCENTAGE.—The 

14 term ‘‘allotment percentage’’, used with re15 spect to fiscal year 2014 or a subsequent 

16 fiscal year, means a percentage of the 

17 amount described in subparagraph (B)(i) 

18 that is received by the State involved 

19 through an allotment made under this 

20 paragraph for the fiscal year. The term, 

21 used with respect to fiscal year 2013, 

22 means the percentage of the amount allot23 ted to States under section 132(b)(2)(B) 

24 of the Workforce Investment Act of 1998 

25 (as in effect on the day before the date of 


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1 enactment of this Act) that is received by 

2 the State involved for fiscal year 2013. 

3 (c) REALLOTMENT.— 

4 (1) IN GENERAL.—The Secretary shall, in ac5 cordance with this subsection, reallot to eligible 

6 States amounts that are made available to States 

7 from allotments made under this section or a cor8 responding provision of the Workforce Investment 

9 Act of 1998 for employment and training activities 

10 and statewide workforce investment activities (re11 ferred to individually in this subsection as a ‘‘State 

12 allotment’’) and that are available for reallotment. 

13 (2) AMOUNT.—The amount available for real14 lotment for a program year for programs funded 

15 under subsection (b)(1)(B) (relating to adult em16 ployment and training) or for programs funded 

17 under subsection (b)(2)(B) (relating to dislocated 

18 worker employment and training) is equal to the 

19 amount by which the unobligated balance from State 

20 allotments to the State for adult employment and 

21 training activities or dislocated worker employment 

22 and training activities, respectively, at the end of the 

23 program year prior to the program year for which 

24 the determination is made, exceeds 10 percent of the 

25 total amount of funds available to the State for that 


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1 prior program year, consisting of the State allotment 

2 to the State for such prior program year (and 

3 amounts from State allotments to the State, for all 

4 program years before that prior program year, for 

5 adult employment and training activities or dis6 located worker employment and training activities, 

7 respectively, that remained available). 

8 (3) REALLOTMENT.—In making reallotments to 

9 eligible States of amounts available pursuant to 

10 paragraph (2) for a program year, the Secretary 

11 shall allot to each eligible State an amount based on 

12 the relative amount of the State allotment under 

13 paragraph (1)(B) or (2)(B), respectively, of sub14 section (b) for the program year for which the deter15 mination is made, as compared to the total amount 

16 of the State allotments under paragraph (1)(B) or 

17 (2)(B), respectively, of subsection (b) for such pro18 gram year. 

19 (4) ELIGIBILITY.—For purposes of this sub20 section, an eligible State means— 

21 (A) with respect to funds allotted through 

22 a State allotment for adult employment and 

23 training activities, a State that does not have 

24 an amount of such funds available for reallot25 ment under paragraph (2) for the program year 


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1 for which the determination under paragraph 

2 (2) is made; and 

3 (B) with respect to funds allotted through 

4 a State allotment for dislocated worker employ5 ment and training activities, a State that does 

6 not have an amount of such funds available for 

7 reallotment under paragraph (2) for the pro8 gram year for which the determination under 

9 paragraph (2) is made. 

10 (5) PROCEDURES.—The Governor shall pre11 scribe uniform procedures for the obligation of funds 

12 by local areas within the State in order to avoid the 

13 requirement that funds be made available for reallot14 ment under this subsection. The Governor shall fur15 ther prescribe equitable procedures for making funds 

16 available from the State and local areas in the event 

17 that a State is required to make funds available for 

18 reallotment under this subsection. 

19 SEC. 233. WITHIN STATE ALLOCATIONS. 

20 (a) RESERVATIONS FOR STATE ACTIVITIES.— 

21 (1) STATEWIDE WORKFORCE INVESTMENT AC22 TIVITIES.—The Governor shall make the reservation 

23 required under section 228(a). 

24 (2) STATEWIDE RAPID RESPONSE ACTIVI25 TIES.—The Governor shall reserve not more than 25 


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1 percent of the total amount allotted to the State 

2 under section 232(b)(2)(B) for a fiscal year for 

3 statewide rapid response activities described in sec4 tion 234(a)(2)(A). 

5 (b) WITHIN STATE ALLOCATION.— 

6 (1) METHODS.—The Governor, acting in ac7 cordance with the State plan, and after consulting 

8 with chief elected officials and local boards in the 

9 local areas, shall allocate— 

10 (A) the funds that are allotted to the State 

11 for adult employment and training activities 

12 and statewide workforce investment activities 

13 under section 232(b)(1)(B) and are not re14 served under subsection (a)(1), in accordance 

15 with paragraph (2) or (3); and 

16 (B) the funds that are allotted to the State 

17 for dislocated worker employment and training 

18 activities and statewide workforce investment 

19 activities under section 232(b)(2)(B) and are 

20 not reserved under paragraph (1) or (2) of sub21 section (a), in accordance with paragraph (2). 

22 (2) FORMULA ALLOCATIONS.— 

23 (A) ADULT EMPLOYMENT AND TRAINING

24 ACTIVITIES.— 


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1 (i) ALLOCATION.—In allocating the 

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

3 local areas, a State may allocate— 

4 (I) 40 percent of the funds on 

5 the basis described in section 

6 232(b)(1)(B)(ii)(I); 

7 (II) 25 percent of the funds on 

8 the basis described in section 

9 232(b)(1)(B)(ii)(II); and 

10 (III) 35 percent of the funds on 

11 the basis described in clauses (ii)(III) 

12 and (iii) of section 232(b)(1)(B). 

13 (ii) MINIMUM PERCENTAGE.—Effec14 tive at the end of the second full fiscal year 

15 after the date on which a local area is des16 ignated under section 116, the local area 

17 shall not receive an allocation percentage 

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

20 the local area for the 2 preceding fiscal 

21 years. Amounts necessary for increasing 

22 such allocations to local areas to comply 

23 with the preceding sentence shall be ob24 tained by ratably reducing the allocations 


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1 to be made to other local areas under this 

2 subparagraph. 

3 (iii) DEFINITION.—In this subpara4 graph, the term ‘‘allocation percentage’’— 

5 (I) used with respect to fiscal 

6 year 2012 or 2013, means a percent7 age of the amount allocated to local 

8 areas under paragraphs (2)(A) and 

9 (3) of section 133(b) of the Workforce 

10 Investment Act of 1998 (as in effect 

11 on the day before the date of enact12 ment of this Act) that is received by 

13 the local area involved for fiscal year 

14 2012 or 2013, respectively; and 

15 (II) used with respect to fiscal 

16 year 2014 or a subsequent fiscal year, 

17 means a percentage of the funds re18 ferred to in clause (i) that is received 

19 by the local area involved through an 

20 allocation made under this subpara21 graph for the fiscal year. 

22 (B) DISLOCATED WORKER EMPLOYMENT

23 AND TRAINING ACTIVITIES.— 

24 (i) FORMULA.—In allocating the 

25 funds described in paragraph (1)(B) to 


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1 local areas, a State shall allocate the funds 

2 based on an allocation formula prescribed 

3 by the Governor of the State. Such for4 mula may be amended by the Governor not 

5 more than once for each program year. 

6 Such formula shall utilize the most appro7 priate information available to the Gov8 ernor to distribute amounts to address the 

9 State’s worker readjustment assistance 

10 needs. 

11 (ii) INFORMATION.—The information 

12 described in clause (i) shall include insured 

13 unemployment data, unemployment con14 centrations, plant closing and mass layoff 

15 data, declining industries data, farmer16 rancher economic hardship data, and long17 term unemployment data. 

18 (iii) MINIMUM PERCENTAGE.—Effec19 tive at the end of the second full fiscal year 

20 after the date on which a local area is des21 ignated under section 116, the local area 

22 shall not receive an allocation percentage 

23 for a fiscal year that is less than 90 per24 cent of the average allocation percentage of 

25 the local area for the 2 preceding fiscal 


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1 years. Amounts necessary for increasing 

2 such allocations to local areas to comply 

3 with the preceding sentence shall be ob4 tained by ratably reducing the allocations 

5 to be made to other local areas under this 

6 subparagraph. 

7 (iv) DEFINITION.—In this subpara8 graph, the term ‘‘allocation percentage’’— 

9 (I) used with respect to fiscal 

10 year 2012 or 2013, means a percent11 age of the amount allocated to local 

12 areas under section 133(b)(2)(B) of 

13 the Workforce Investment Act of 

14 1998 (as in effect on the day before 

15 the date of enactment of this Act) 

16 that is received by the local area in17 volved for fiscal year 2012 or 2013, 

18 respectively; and 

19 (II) used with respect to fiscal 

20 year 2014 or a subsequent fiscal year, 

21 means a percentage of the funds re22 ferred to in clause (i), received 

23 through an allocation made under this 

24 subparagraph, for the fiscal year. 


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1 (C) APPLICATION.—For purposes of car2 rying out subparagraph (A)— 

3 (i) references in clauses (ii) and (iii) 

4 of section 232(b)(1)(B) to a State shall be 

5 deemed to be references to a local area; 

6 and 

7 (ii) references in clauses (ii) and (iii) 

8 of section 232(b)(1)(B) to all States shall 

9 be deemed to be references to all local 

10 areas in the State involved. 

11 (3) ADULT EMPLOYMENT AND TRAINING DIS12 CRETIONARY ALLOCATIONS.—In lieu of making the 

13 allocation described in paragraph (2)(A), in allo14 cating the funds described in paragraph (1)(A) to 

15 local areas, a State may distribute— 

16 (A) a portion equal to not less than 70 

17 percent of the funds in accordance with para18 graph (2)(A); and 

19 (B) the remaining portion of the funds on 

20 the basis of a formula that— 

21 (i) incorporates additional factors 

22 (other than the factors described in para23 graph (2)(A)) relating to— 

24 (I) excess poverty in urban, 

25 rural, and suburban local areas; and 


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1 (II) excess unemployment above 

2 the State average in urban, rural, and 

3 suburban local areas; and 

4 (ii) was developed by the State board 

5 and approved by the Secretary as part of 

6 the State plan. 

7 (4) TRANSFER AUTHORITY.—A local board may 

8 transfer, if such a transfer is approved by the Gov9 ernor, up to and including 100 percent of the funds 

10 allocated to the local area under paragraph (2)(A) or 

11 (3), and up to and including 100 percent of the 

12 funds allocated to the local area under paragraph 

13 (2)(B), for a fiscal year between— 

14 (A) adult employment and training activi15 ties; and 

16 (B) dislocated worker employment and 

17 training activities. 

18 (5) ALLOCATION.— 

19 (A) IN GENERAL.—The Governor shall al20 locate the funds described in paragraph (1) to 

21 local areas under paragraphs (2) and (3) for 

22 the purpose of providing a single system of em23 ployment and training activities for adults and 

24 dislocated workers in accordance with sub25 sections (c) and (d) of section 234. 


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1 (B) ADDITIONAL REQUIREMENTS.— 

2 (i) ADULTS.—Funds allocated under 

3 paragraph (2)(A) or (3) shall be used by a 

4 local area to contribute to the costs of the 

5 one-stop delivery system described in sec6 tion 221(e) as determined under sub7 sections (h) and (i) of section 221 and to 

8 pay for employment and training activities 

9 provided to adults in the local area, con10 sistent with section 234. 

11 (ii) DISLOCATED WORKERS.—Funds 

12 allocated under paragraph (2)(B) shall be 

13 used by a local area to contribute to the 

14 costs of the one-stop delivery system de15 scribed in section 221(e) as determined 

16 under subsections (h) and (i) of section 

17 221 and to pay for employment and train18 ing activities provided to dislocated work19 ers in the local area, consistent with sec20 tion 234. 

21 (c) REALLOCATION AMONG LOCAL AREAS.— 

22 (1) IN GENERAL.—The Governor may, in ac23 cordance with this subsection, reallocate to eligible 

24 local areas within the State amounts that are made 

25 available to local areas from allocations made under 


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1 paragraph (2)(A) or (3) of subsection (b) or a cor2 responding provision of the Workforce Investment 

3 Act of 1998 for adult employment and training ac4 tivities, or under subsection (b)(2)(B) or a cor5 responding provision of the Workforce Investment 

6 Act of 1998 for dislocated worker employment and 

7 training activities (referred to individually in this 

8 subsection as a ‘‘local allocation’’) and that are 

9 available for reallocation. 

10 (2) AMOUNT.— 

11 (A) IN GENERAL.—The amount available 

12 for reallocation for a program year for pro13 grams funded under paragraphs (2)(A) and (3) 

14 of subsection (b) (relating to adult employment 

15 and training) or for programs funded under 

16 subsection (b)(2)(B) (relating to dislocated 

17 worker employment and training) is equal to 

18 the amount by which the balance that is unobli19 gated and unencumbered for training services 

20 at the end of the program year prior to the pro21 gram year for which the determination is made, 

22 exceeds 10 percent of the total amount of funds 

23 available to the local area for that prior pro24 gram year, consisting of the local allocation to 

25 the local area for such prior program year (and 


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1 amounts from local allocations to the local area, 

2 for all program years before that prior program 

3 year, for adult employment and training activi4 ties or dislocated worker employment and train5 ing services, respectively, that remained avail6 able). 

7 (B) BALANCE OF FUNDS.—For purposes 

8 of this paragraph, the balance that is unobli9 gated and unencumbered for training services is 

10 the amount that is the difference between— 

11 (i) the total amount of funds available 

12 to the local area under paragraphs (2)(A) 

13 and (3) of subsection (b), or subsection 

14 (b)(2)(B), respectively, for that prior pro15 gram year, consisting of the local alloca16 tion to the local area for such prior pro17 gram year (and amounts from local alloca18 tions to the local area, for all program 

19 years before that prior program year, for 

20 adult employment and training activities or 

21 dislocated worker employment and training 

22 activities, respectively, that remained avail23 able); and 

24 (ii) the amount, from that total 

25 amount of available funds, that is obligated 


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1 or encumbered (in accordance with gen2 erally accepted accounting principles) for 

3 training services for adults or dislocated 

4 workers, respectively, during such prior 

5 program year, except that for purposes of 

6 this paragraph the amount included as en7 cumbered for training services shall not ex8 ceed 10 percent of the total amount of 

9 available funds described in subparagraph 

10 (A) for adult employment and training ac11 tivities or dislocated worker employment 

12 and training activities, respectively. 

13 (3) REALLOCATION.—In making reallocations 

14 to eligible local areas of amounts available pursuant 

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

16 shall allocate to each eligible local area within the 

17 State— 

18 (A) with respect to such available amounts 

19 that were allocated under paragraph (2)(A) or 

20 (3) of subsection (b), an amount based on the 

21 relative amount of the local allocation under 

22 paragraph (2)(A) or (3) of subsection (b), as 

23 appropriate, for the program year for which the 

24 determination is made, as compared to the total 

25 amount of the local allocations under paragraph 


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1 (2)(A) or (3) of subsection (b), as appropriate, 

2 for such program year; and 

3 (B) with respect to such available amounts 

4 that were allocated under subsection (b)(2)(B), 

5 an amount based on the relative amount of the 

6 local allocation under subsection (b)(2)(B) for 

7 the program year for which the determination is 

8 made, as compared to the total amount of the 

9 local allocations under subsection (b)(2)(B) for 

10 such program year. 

11 (4) ELIGIBILITY.—For purposes of this sub12 section, an eligible local area means— 

13 (A) with respect to funds allocated through 

14 a local allocation for adult employment and 

15 training activities, a local area that does not 

16 have an amount of such funds available for re17 allocation under paragraph (2) for the program 

18 year for which the determination under para19 graph (2) is made; and 

20 (B) with respect to funds allocated through 

21 a local allocation for dislocated worker employ22 ment and training activities, a local area that 

23 does not have an amount of such funds avail24 able for reallocation under paragraph (2) for 


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1 the program year for which the determination 

2 under paragraph (2) is made. 

3 SEC. 234. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

4 ACTIVITIES. 

5 (a) STATEWIDE EMPLOYMENT AND TRAINING AC6 TIVITIES.— 

7 (1) IN GENERAL.—Funds reserved by a Gov8 ernor— 

9 (A) as described in section 233(a)(2) shall 

10 be used to carry out the statewide rapid re11 sponse activities described in paragraph (2)(A); 

12 and 

13 (B) as described in sections 228(a) and 

14 233(a)(1)— 

15 (i) shall be used to carry out the 

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

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

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

21 regardless of whether the funds were allotted to 

22 the State under section 227(b)(1) or under 

23 paragraph (1) or (2) of section 232(b). 

24 (2) REQUIRED STATEWIDE EMPLOYMENT AND

25 TRAINING ACTIVITIES.— 


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1 (A) STATEWIDE RAPID RESPONSE ACTIVI2 TIES.— 

3 (i) IN GENERAL.—A State shall carry 

4 out statewide rapid response activities 

5 using funds reserved by the Governor for 

6 the State under section 233(a)(2), which 

7 activities shall include— 

8 (I) provision of rapid response 

9 activities, carried out in local areas by 

10 the State or by an entity designated 

11 by the State, working in conjunction 

12 with the local boards and the chief 

13 elected officials for the local areas; 

14 and 

15 (II) provision of additional assist16 ance to local areas that experience 

17 disasters, mass layoffs, or plant clos18 ings, or other events that precipitate 

19 substantial increases in the number of 

20 unemployed individuals, carried out in 

21 local areas by the State, working in 

22 conjunction with the local boards and 

23 the chief elected officials for the local 

24 areas. 


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1 (ii) USE OF UNOBLIGATED FUNDS.— 

2 Funds reserved by a Governor under sec3 tion 233(a)(2), and section 133(a)(2) of 

4 the Workforce Investment Act of 1998 (as 

5 in effect on the day before the date of en6 actment of this Act), to carry out this sub7 paragraph that remain unobligated after 

8 the first program year for which such 

9 funds were allotted may be used by the 

10 Governor to carry out statewide activities 

11 authorized under subparagraph (B) or 

12 paragraph (3)(A), in addition to activities 

13 under this subparagraph. 

14 (B) STATEWIDE EMPLOYMENT AND TRAIN15 ING ACTIVITIES.—Funds reserved by a Gov16 ernor under sections 228(a)(1) and 233(a)(1) 

17 and not used under paragraph (1)(A) (regard18 less of whether the funds were allotted to the 

19 States under section 227(b)(1)(C) or paragraph 

20 (1)(B) or (2)(B) of section 232(b)) shall be 

21 used for statewide employment and training ac22 tivities, including— 

23 (i) building capacity by providing as24 sistance to— 


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1 (I) State entities and agencies, 

2 local areas, and one-stop partners in 

3 carrying out the activities described in 

4 the State plan, including the coordina5 tion and alignment of data systems 

6 used to carry out the requirements of 

7 this Act; 

8 (II) local areas for carrying out 

9 the regional planning and service de10 livery activities required under section 

11 116(c); and 

12 (III) local areas, one-stop opera13 tors, one-stop partners, and eligible 

14 providers, including the development 

15 and training of staff, which may in16 clude the development and training of 

17 staff to provide opportunities for indi18 viduals with barriers to employment 

19 to enter in-demand industry sectors or 

20 occupations and nontraditional occu21 pations, the development of exemplary 

22 program activities, and the provision 

23 of technical assistance to local areas 

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1 countability measures described in 

2 section 131(c); 

3 (ii) providing assistance to local areas, 

4 in accordance with section 116(c)(1)(B); 

5 (iii) operating a fiscal and manage6 ment accountability information system in 

7 accordance with section 131(i); 

8 (iv) carrying out monitoring and over9 sight of activities carried out under this 

10 chapter and chapter 2; 

11 (v) disseminating— 

12 (I) the State list of eligible pro13 viders of training services, including 

14 eligible providers of nontraditional 

15 training services and eligible providers 

16 of apprenticeship programs described 

17 in section 222(a)(2)(B); 

18 (II) information identifying eligi19 ble providers of on-the-job training, 

20 customized training, incumbent work21 er training, internships, paid or un22 paid work experience opportunities, or 

23 transitional jobs; 


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1 (III) information on effective out2 reach to, partnerships with, and serv3 ices for, business; 

4 (IV) information on effective 

5 service delivery strategies to serve 

6 workers and job seekers; 

7 (V) performance information and 

8 information on program costs (such as 

9 tuition and fees) for participants in 

10 applicable programs, as described in 

11 subsections (d) and (h) of section 222; 

12 and 

13 (VI) information on physical and 

14 programmatic accessibility, in accord15 ance with section 288 and the Ameri16 cans with Disabilities Act of 1990 (42 

17 U.S.C. 12101 et seq.), for individuals 

18 with disabilities; 

19 (vi) conducting evaluations under sec20 tion 131(e) of activities authorized under 

21 this chapter and chapter 2 in coordination 

22 with evaluations carried out by the Sec23 retary under section 270(a); and 

24 (vii) developing strategies for ensuring 

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1 tion are placing men and women in jobs, 

2 education, and training that lead to com3 parable pay for men and women, including 

4 strategies to increase women’s participa5 tion in high-wage, high-demand occupa6 tions in which women are underrepresented 

7 in the State’s workforce. 

8 (3) ALLOWABLE STATEWIDE EMPLOYMENT AND

9 TRAINING ACTIVITIES.— 

10 (A) IN GENERAL.—Funds reserved by a 

11 Governor under sections 228(a)(1) and 

12 233(a)(1) and not used under paragraph (1)(A) 

13 or (2)(B) (regardless of whether the funds were 

14 allotted to the State under section 227(b)(1)(C) 

15 or paragraph (1)(B) or (2)(B) of section 

16 232(b)) may be used to carry out additional 

17 statewide employment and training activities, 

18 which may include— 

19 (i) implementing innovative programs 

20 and strategies designed to meet the needs 

21 of businesses in the State, including small 

22 businesses, which may include— 

23 (I) providing incumbent worker 

24 training; 


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1 (II) providing customized train2 ing; 

3 (III) developing and imple4 menting industry sector strategies (in5 cluding strategies involving industry 

6 partnerships, regional skills alliances, 

7 industry skill panels, and sectoral 

8 skills partnerships) in which rep9 resentatives of multiple employers for 

10 a specific industry sector or group of 

11 related occupations— 

12 (aa) collaborate to address 

13 common workforce needs with 

14 suppliers, labor organizations, 

15 economic development agencies, 

16 eligible providers of training serv17 ices described in section 222, and 

18 other entities that can provide 

19 needed supportive services tai20 lored to the needs of workers in 

21 that sector or group for a local 

22 area or region; 

23 (bb) identify current and ex24 pected gaps between the demand 

25 for and supply of labor and skills 


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1 in that sector or group for that 

2 area or region; and 

3 (cc) develop a strategic plan 

4 and training efforts to address 

5 skill gaps, advance industry 

6 growth and competitiveness, and 

7 improve worker productivity, re8 tention, advancement, and com9 petitiveness; 

10 (IV) providing career ladder and 

11 career pathway programs; 

12 (V) providing microenterprise 

13 and entrepreneurial training and sup14 port programs; 

15 (VI) utilizing effective business 

16 intermediaries; 

17 (VII) using layoff aversion strat18 egies in collaboration with appropriate 

19 economic development entities, which 

20 strategies may include early identifica21 tion of firms at risk of layoffs, use of 

22 feasibility studies to assess the needs 

23 of and options for at-risk firms, and 

24 the delivery of employment and train25 ing activities to address risk factors; 


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1 (VIII) providing activities to im2 prove linkages between the one-stop 

3 delivery systems in the State and em4 ployers (including small employers) in 

5 the State; and 

6 (IX) providing other business 

7 services and strategies that better en8 gage employers in workforce invest9 ment activities and make the work10 force development system more rel11 evant to meeting the needs of State 

12 and local businesses, consistent with 

13 the objectives of this title; 

14 (ii) developing strategies for effec15 tively serving individuals with barriers to 

16 employment and for coordinating programs 

17 and services among one-stop partners; 

18 (iii) implementing programs for dis19 placed homemakers, which for purposes of 

20 this clause may include an individual who 

21 is receiving public assistance and is within 

22 2 years of exhausting lifetime eligibility 

23 under part A of title IV of the Social Secu24 rity Act (42 U.S.C. 601 et seq.); 


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1 (iv) implementing programs to in2 crease the number of individuals training 

3 for and placed in nontraditional employ4 ment; 

5 (v) carrying out activities to facilitate 

6 remote access to services, including train7 ing services described in subsection (c)(4), 

8 provided through a one-stop delivery sys9 tem, including facilitating access through 

10 the use of technology; 

11 (vi) supporting the provision of core 

12 services described in subsection (c)(2) in 

13 the one-stop delivery systems in the State; 

14 (vii) coordinating activities with the 

15 child welfare system to facilitate provision 

16 of services for children in foster care and 

17 children who are eligible for assistance 

18 under section 477 of the Social Security 

19 Act (42 U.S.C. 677); 

20 (viii) activities— 

21 (I) to improve coordination of 

22 workforce investment activities, and 

23 economic development activities, car24 ried out within the State involved and 


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1 to promote entrepreneurial skills 

2 training and microenterprise services; 

3 (II) to improve coordination of 

4 employment and training activities, 

5 child support services, and assistance 

6 provided by State and local agencies 

7 carrying out part D of title IV of the 

8 Social Security Act (42 U.S.C. 651 et 

9 seq.); 

10 (III) to improve coordination of 

11 employment and training activities 

12 and cooperative extension programs 

13 carried out by the Department of Ag14 riculture; 

15 (IV) to improve coordination of 

16 employment and training activities 

17 and programs carried out in local 

18 areas for individuals with disabilities, 

19 including programs carried out by 

20 State agencies relating to intellectual 

21 disabilities and developmental disabil22 ities, activities carried out by State23 wide Independent Living Councils es24 tablished under section 705 of the Re25 habilitation Act of 1973 (29 U.S.C. 


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1 796d), programs funded under part B 

2 of chapter 1 of title VII of such Act 

3 (29 U.S.C. 796e et seq.), and activi4 ties carried out by centers for inde5 pendent living, as defined in section 

6 702 of such Act (29 U.S.C. 796a); 

7 (V) to develop and disseminate 

8 workforce and labor market informa9 tion; 

10 (VI) to improve coordination of 

11 employment and training activities, 

12 and adult education and literacy ac13 tivities, provided by public libraries; 

14 (VII) to improve coordination of 

15 activities with the corrections system 

16 to facilitate provision of training serv17 ices and employment opportunities 

18 that will assist ex-offenders in reen19 tering the workforce; and 

20 (VIII) to promote financial lit21 eracy, including carrying out activities 

22 described in section 229(b)(1)(I); 

23 (ix) conducting— 


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1 (I) research related to meeting 

2 the employment and education needs 

3 of adult and dislocated workers; and 

4 (II) demonstration projects re5 lated to meeting the employment and 

6 education needs of adult and dis7 located workers; 

8 (x) implementing promising services 

9 for workers and businesses, which may in10 clude providing support for education, 

11 training, skill upgrading, and statewide 

12 networking for employees to become work13 place learning advisors and maintain pro14 ficiency in carrying out the activities asso15 ciated with such advising; 

16 (xi) providing incentive grants to local 

17 areas for performance by the local areas on 

18 local performance accountability measures 

19 described in section 131(b); 

20 (xii) adopting, calculating, or commis21 sioning for approval an economic self-suffi22 ciency standard for the State that specifies 

23 the income needs of families, by family 

24 size, the number and ages of children in 


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1 the family, and substate geographical con2 siderations; and 

3 (xiii) developing and disseminating 

4 common intake procedures and related 

5 items, including registration processes, ma6 terials, or software. 

7 (B) LIMITATION.— 

8 (i) IN GENERAL.—Of the funds allot9 ted to a State under sections 227(b) and 

10 232(b) and reserved as described in sec11 tions 228(a) and 233(a)(1) for a fiscal 

12 year— 

13 (I) not more than 5 percent of 

14 the amount allotted under section 

15 227(b)(1); 

16 (II) not more than 5 percent of 

17 the amount allotted under section 

18 232(b)(1); and 

19 (III) not more than 5 percent of 

20 the amount allotted under section 

21 232(b)(2), 

22 may be used by the State for the adminis23 tration of statewide youth workforce in24 vestment activities carried out under sec25 tion 229 and statewide employment and 


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1 training activities carried out under this 

2 section. 

3 (ii) USE OF FUNDS.—Funds made 

4 available for administrative costs under 

5 clause (i) may be used for the administra6 tive cost of any of the statewide youth 

7 workforce investment activities or state8 wide employment and training activities, 

9 regardless of whether the funds were allot10 ted to the State under section 227(b)(1) or 

11 paragraph (1) or (2) of section 232(b). 

12 (b) LOCAL EMPLOYMENT AND TRAINING ACTIVI13 TIES.—Funds allocated to a local area for adults under 

14 paragraph (2)(A) or (3), as appropriate, of section 233(b), 

15 and funds allocated to a local area for dislocated workers 

16 under section 233(b)(2)(B)— 

17 (1) shall be used to carry out employment and 

18 training activities described in subsection (c) for 

19 adults or dislocated workers, respectively; and 

20 (2) may be used to carry out employment and 

21 training activities described in subsection (d) for 

22 adults or dislocated workers, respectively. 

23 (c) REQUIRED LOCAL EMPLOYMENT AND TRAINING

24 ACTIVITIES.— 

25 (1) IN GENERAL.— 


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1 (A) ALLOCATED FUNDS.—Funds allocated 

2 to a local area for adults under paragraph 

3 (2)(A) or (3), as appropriate, of section 233(b), 

4 and funds allocated to the local area for dis5 located workers under section 233(b)(2)(B), 

6 shall be used— 

7 (i) to establish a one-stop delivery sys8 tem described in section 221(e); 

9 (ii) to provide the core services de10 scribed in paragraph (2) to adults and dis11 located workers, respectively, through the 

12 one-stop delivery system in accordance 

13 with such paragraph; 

14 (iii) to provide the intensive services 

15 described in paragraph (3) to adults and 

16 dislocated workers, respectively, described 

17 in such paragraph; 

18 (iv) to provide training services de19 scribed in paragraph (4) to adults and dis20 located workers, respectively, described in 

21 such paragraph; and 

22 (v) to designate a dedicated business 

23 liaison in the local area (whose activities 

24 may be funded with funds provided under 

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1 lish and develop relationships and networks 

2 with large and small employers and their 

3 intermediaries. 

4 (B) OTHER FUNDS.—Consistent with sub5 sections (h) and (i) of section 221, a portion of 

6 the funds made available under Federal law au7 thorizing the programs and activities described 

8 in section 221(b)(1)(B), including the Wagner9 Peyser Act (29 U.S.C. 49 et seq.), shall be used 

10 as described in clauses (i) and (ii) of subpara11 graph (A), to the extent not inconsistent with 

12 the Federal law involved. 

13 (2) CORE SERVICES.—Funds described in para14 graph (1) shall be used to provide core services, 

15 which shall be available to individuals who are adults 

16 or dislocated workers through the one-stop delivery 

17 system and shall, at a minimum, include— 

18 (A) determinations of whether the individ19 uals are eligible to receive assistance under this 

20 subtitle; 

21 (B) outreach, intake (which may include 

22 worker profiling), and orientation to the infor23 mation and other services available through the 

24 one-stop delivery system; 


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1 (C) initial assessment of skill levels (in2 cluding literacy, numeracy, and English lan3 guage proficiency), aptitudes, abilities (includ4 ing skills gaps), and supportive service needs; 

5 (D) labor exchange services, including— 

6 (i) job search and placement assist7 ance and, in appropriate cases, career 

8 counseling, including— 

9 (I) provision of information on 

10 in-demand industry sectors and occu11 pations; and 

12 (II) provision of information on 

13 nontraditional employment; and 

14 (ii) appropriate recruitment and other 

15 business services on behalf of employers, 

16 including small employers, in the local 

17 area, which services may include services 

18 described in this subsection, such as pro19 viding information and referral to special20 ized business services not traditionally of21 fered through the one-stop delivery system; 

22 (E) provision of referrals to and coordina23 tion of activities with other programs and serv24 ices, including programs and services within the 


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1 one-stop delivery system and, in appropriate 

2 cases, other workforce development programs; 

3 (F) provision of workforce and labor mar4 ket employment statistics information, including 

5 the provision of accurate information relating to 

6 local, regional, and national labor market areas, 

7 including— 

8 (i) job vacancy listings in such labor 

9 market areas; 

10 (ii) information on job skills necessary 

11 to obtain the jobs described in clause (i); 

12 and 

13 (iii) information relating to local occu14 pations in demand and the earnings, skill 

15 requirements, and opportunities for ad16 vancement for such occupations; 

17 (G) provision of performance information 

18 and program cost information on eligible pro19 viders of training services as described in sec20 tion 222, provided by program, and eligible pro21 viders of youth workforce investment activities 

22 described in section 223, providers of adult edu23 cation described in title III, providers of career 

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1 cation activities available to school dropouts, 

2 under the Carl D. Perkins Career and Tech3 nical Education Act of 2006 (20 U.S.C. 2301 

4 et seq.), and providers of vocational rehabilita5 tion services described in title I of the Rehabili6 tation Act of 1973 (29 U.S.C. 720 et seq.); 

7 (H) provision of information, in formats 

8 that are usable by and understandable to one9 stop center customers, regarding how the local 

10 area is performing on the local performance ac11 countability measures described in section 

12 131(c) and any additional performance informa13 tion with respect to the one-stop delivery system 

14 in the local area; 

15 (I)(i) provision of information, in formats 

16 that are usable by and understandable to one17 stop center customers, relating to the avail18 ability of supportive services or assistance, in19 cluding child care, child support, medical or 

20 child health assistance under title XIX or XXI 

21 of the Social Security Act (42 U.S.C. 1396 et 

22 seq. and 1397aa et seq.), benefits under the 

23 supplemental nutrition assistance program es24 tablished under the Food and Nutrition Act of 

25 2008 (7 U.S.C. 2011 et seq.), assistance 


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1 through the earned income tax credit under sec2 tion 32 of the Internal Revenue Code of 1986, 

3 and assistance under a State program for tem4 porary assistance for needy families funded 

5 under part A of title IV of the Social Security 

6 Act (42 U.S.C. 601 et seq.) and other sup7 portive services and transportation provided 

8 through funds made available under such part, 

9 available in the local area; and 

10 (ii) referral to the services or assistance 

11 described in clause (i), as appropriate; 

12 (J) provision of information and assistance 

13 regarding filing claims for unemployment com14 pensation; 

15 (K) assistance in establishing eligibility for 

16 programs of financial aid assistance for training 

17 and education programs that are not funded 

18 under this Act; and 

19 (L) followup services, including counseling 

20 regarding the workplace, for participants in 

21 workforce investment activities authorized 

22 under this subtitle who are placed in unsub23 sidized employment, for not less than 12 

24 months after the first day of the employment, 

25 as appropriate. 


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1 (3) INTENSIVE SERVICES.— 

2 (A) IN GENERAL.— 

3 (i) ELIGIBILITY.—Except as provided 

4 in clause (ii), funds allocated to a local 

5 area for adults under paragraph (2)(A) or 

6 (3), as appropriate, of section 233(b), and 

7 funds allocated to the local area for dis8 located workers under section 

9 233(b)(2)(B), shall be used to provide in10 tensive services to adults and dislocated 

11 workers, respectively— 

12 (I) who are unemployed and who, 

13 after an interview, evaluation, or as14 sessment, have been determined by a 

15 one-stop operator or one-stop partner 

16 as appropriate, to be— 

17 (aa) unlikely or unable to 

18 obtain employment, that leads to 

19 economic self-sufficiency or wages 

20 comparable to or higher than 

21 wages from previous employment, 

22 through core services described in 

23 paragraph (2); and 

24 (bb) in need of intensive 

25 services to obtain employment 


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1 that leads to economic self-suffi2 ciency or wages comparable to or 

3 higher than wages from previous 

4 employment; or 

5 (II) who are employed, but who, 

6 after an interview, evaluation, or as7 sessment are determined by a one8 stop operator or one-stop partner to 

9 be in need of such intensive services 

10 to obtain or retain employment that 

11 leads to economic self-sufficiency. 

12 (ii) USE OF PREVIOUS ASSESS13 MENTS.—A one-stop operator or one-stop 

14 partner shall not be required to conduct a 

15 new interview, evaluation, or assessment of 

16 a participant under clause (i) if the one17 stop operator or one-stop partner deter18 mines that it is appropriate to use a recent 

19 interview, evaluation, or assessment of the 

20 participant conducted pursuant to another 

21 education or training program. 

22 (iii) RULE OF CONSTRUCTION.—Noth23 ing in this subparagraph shall be construed 

24 to mean that an individual is required to 


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1 receive core services prior to receiving in2 tensive services. 

3 (B) DELIVERY OF SERVICES.—Such inten4 sive services shall be provided through the one5 stop delivery system— 

6 (i) directly through one-stop operators 

7 identified pursuant to section 221(d); or 

8 (ii) through contracts with service 

9 providers, which may include contracts 

10 with public, private for-profit, and private 

11 nonprofit service providers, approved by 

12 the local board. 

13 (C) TYPES OF SERVICES.—Such intensive 

14 services may include the following: 

15 (i) Comprehensive and specialized as16 sessments of the skill levels and service 

17 needs of adults and dislocated workers, 

18 which may include— 

19 (I) diagnostic testing and use of 

20 other assessment tools; and 

21 (II) in-depth interviewing and 

22 evaluation to identify employment bar23 riers and appropriate employment 

24 goals. 


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1 (ii) Development of an individual em2 ployment plan, to identify the employment 

3 goals, appropriate achievement objectives, 

4 and appropriate combination of services for 

5 the participant to achieve the employment 

6 goals, including providing information on 

7 eligible providers of training services pur8 suant to paragraph (4)(F)(ii), and career 

9 pathways to attain career objectives. 

10 (iii) Group counseling. 

11 (iv) Individual counseling. 

12 (v) Career planning. 

13 (vi) Short-term prevocational services, 

14 including development of learning skills, 

15 communication skills, interviewing skills, 

16 punctuality, personal maintenance skills, 

17 and professional conduct, to prepare indi18 viduals for unsubsidized employment or 

19 training. 

20 (vii) Internships and work experiences 

21 that are linked to careers. 

22 (viii) Workforce preparation activities. 

23 (ix) Financial literacy services, such 

24 as activities described in section 

25 229(b)(1)(I). 


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1 (x) Out-of-area job search assistance 

2 and relocation assistance. 

3 (xi) English language acquisition and 

4 integrated education and training pro5 grams. 

6 (4) TRAINING SERVICES.— 

7 (A) IN GENERAL.— 

8 (i) ELIGIBILITY.—Except as provided 

9 in clause (ii), funds allocated to a local 

10 area for adults under paragraph (2)(A) or 

11 (3), as appropriate, of section 233(b), and 

12 funds allocated to the local area for dis13 located workers under section 

14 233(b)(2)(B), shall be used to provide 

15 training services to adults and dislocated 

16 workers, respectively— 

17 (I) who, after an interview, eval18 uation, or assessment, and career 

19 planning, have been determined by a 

20 one-stop operator or one-stop partner, 

21 as appropriate, to— 

22 (aa) be unlikely or unable to 

23 obtain or retain employment, 

24 that leads to economic self-suffi25 ciency or wages comparable to or 


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1 higher than wages from previous 

2 employment, through the inten3 sive services described in para4 graph (3); 

5 (bb) be in need of training 

6 services to obtain or retain em7 ployment that leads to economic 

8 self-sufficiency or wages com9 parable to or higher than wages 

10 from previous employment; and 

11 (cc) have the skills and 

12 qualifications to successfully par13 ticipate in the selected program 

14 of training services; 

15 (II) who select programs of train16 ing services that are directly linked to 

17 the employment opportunities in the 

18 local area or region involved or in an19 other area to which the adults or dis20 located workers are willing to com21 mute or relocate; 

22 (III) who meet the requirements 

23 of subparagraph (B); and 

24 (IV) who are determined to be el25 igible in accordance with the priority 


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1 system in effect under subparagraph 

2 (E). 

3 (ii) USE OF PREVIOUS ASSESS4 MENTS.—A one-stop operator or one-stop 

5 partner shall not be required to conduct a 

6 new interview, evaluation, or assessment of 

7 a participant under clause (i) if the one8 stop operator or one-stop partner deter9 mines that it is appropriate to use a recent 

10 interview, evaluation, or assessment of the 

11 participant conducted pursuant to another 

12 education or training program. 

13 (iii) RULE OF CONSTRUCTION.—Noth14 ing in this subparagraph shall be construed 

15 to mean an individual is required to receive 

16 core or intensive services prior to receiving 

17 training services. 

18 (B) QUALIFICATION.— 

19 (i) REQUIREMENT.—Notwithstanding 

20 section 479B of the Higher Education Act 

21 of 1965 (20 U.S.C. 1087uu) and except as 

22 provided in clause (ii), provision of such 

23 training services shall be limited to individ24 uals who— 


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1 (I) are unable to obtain other 

2 grant assistance for such services, in3 cluding Federal Pell Grants estab4 lished under subpart 1 of part A of 

5 title IV of the Higher Education Act 

6 of 1965 (20 U.S.C. 1070a et seq.); or 

7 (II) require assistance beyond the 

8 assistance made available under other 

9 grant assistance programs, including 

10 Federal Pell Grants. 

11 (ii) REIMBURSEMENTS.—Training 

12 services may be provided under this para13 graph to an individual who otherwise meets 

14 the requirements of this paragraph while 

15 an application for a Federal Pell Grant is 

16 pending, except that if such individual is 

17 subsequently awarded a Federal Pell 

18 Grant, appropriate reimbursement shall be 

19 made to the local area from such Federal 

20 Pell Grant. 

21 (iii) CONSIDERATION.—In deter22 mining whether an individual requires as23 sistance under clause (i)(II), a one-stop op24 erator (or one-stop partner, where appro25 priate) may take into consideration the full 


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1 cost of participating in training services, 

2 including the costs of dependent care and 

3 transportation, and other appropriate 

4 costs. 

5 (C) PROVIDER QUALIFICATION.—Training 

6 services shall be provided through providers 

7 identified in accordance with section 222. 

8 (D) TRAINING SERVICES.—Training serv9 ices may include— 

10 (i) occupational skills training, includ11 ing training for nontraditional employ12 ment; 

13 (ii) on-the-job training; 

14 (iii) incumbent worker training in ac15 cordance with subsection (d)(4); 

16 (iv) programs that combine workplace 

17 training with related instruction, which 

18 may include cooperative education pro19 grams; 

20 (v) training programs operated by the 

21 private sector; 

22 (vi) skill upgrading and retraining; 

23 (vii) entrepreneurial training; 

24 (viii) transitional jobs in accordance 

25 with subsection (d)(5); 


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1 (ix) job readiness training provided in 

2 combination with services described in any 

3 of clauses (i) through (viii); 

4 (x) adult education and literacy activi5 ties, including activities of English lan6 guage acquisition and integrated education 

7 and training programs, provided concur8 rently or in combination with services de9 scribed in any of clauses (i) through (vii); 

10 and 

11 (xi) customized training conducted 

12 with a commitment by an employer or 

13 group of employers to employ an individual 

14 upon successful completion of the training. 

15 (E) PRIORITY.—With respect to funds al16 located to a local area for adult employment 

17 and training activities under paragraph (2)(A) 

18 or (3) of section 233(b), priority shall be given 

19 to recipients of public assistance, other low-in20 come individuals, and individuals who are basic 

21 skills deficient for receipt of intensive services 

22 and training services. The appropriate local 

23 board and the Governor shall direct the one24 stop operators in the local area with regard to 

25 making determinations related to such priority. 


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1 (F) CONSUMER CHOICE REQUIREMENTS.— 

2 (i) IN GENERAL.—Training services 

3 provided under this paragraph shall be 

4 provided in a manner that maximizes con5 sumer choice in the selection of an eligible 

6 provider of such services. 

7 (ii) ELIGIBLE PROVIDERS.—Each 

8 local board, through one-stop centers, shall 

9 make available the list of eligible providers 

10 of training services described in section 

11 222(d), and accompanying information, in 

12 accordance with section 222(d). 

13 (iii) INDIVIDUAL TRAINING AC14 COUNTS.—An individual who seeks train15 ing services and who is eligible pursuant to 

16 subparagraph (A), may, in consultation 

17 with a career planner, select an eligible 

18 provider of training services from the list 

19 of providers described in clause (ii). Upon 

20 such selection, the one-stop operator in21 volved shall, to the extent practicable, refer 

22 such individual to the eligible provider of 

23 training services, and arrange for payment 

24 for such services through an individual 

25 training account. 


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1 (iv) COORDINATION.—Each local 

2 board may, through one-stop centers, co3 ordinate funding for individual training ac4 counts with funding from other Federal, 

5 State, local, or private job training pro6 grams or sources to assist the individual in 

7 obtaining training services. 

8 (G) USE OF INDIVIDUAL TRAINING AC9 COUNTS.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), training services provided 

12 under this paragraph shall be provided 

13 through the use of individual training ac14 counts in accordance with this paragraph, 

15 and shall be provided to eligible individuals 

16 through the one-stop delivery system. 

17 (ii) TRAINING CONTRACTS.—Training 

18 services authorized under this paragraph 

19 may be provided pursuant to a contract for 

20 services in lieu of an individual training ac21 count if— 

22 (I) the requirements of subpara23 graph (F) are met; 

24 (II) such services are on-the-job 

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1 bent worker training, or transitional 

2 employment; 

3 (III) the local board determines 

4 there are an insufficient number of el5 igible providers of training services in 

6 the local area involved (such as in a 

7 rural area) to accomplish the purposes 

8 of a system of individual training ac9 counts; 

10 (IV) the local board determines 

11 that there is a training services pro12 gram of demonstrated effectiveness of13 fered in the local area by a commu14 nity-based organization or another 

15 private organization to serve individ16 uals with barriers to employment; or 

17 (V) the local board determines 

18 that— 

19 (aa) it would be most appro20 priate to award a contract to an 

21 institution of higher education or 

22 other eligible provider of training 

23 services in order to facilitate the 

24 training of multiple individuals in 


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1 in-demand industry sectors or oc2 cupations; and 

3 (bb) such contract does not 

4 limit customer choice. 

5 (iii) LINKAGE TO OCCUPATIONS IN

6 DEMAND.—Training services provided 

7 under this paragraph shall be directly 

8 linked to an in-demand industry sector or 

9 occupation in the local area or region, or 

10 in another area to which an adult or dis11 located worker receiving such services is 

12 willing to relocate, except that a local 

13 board may approve training services for oc14 cupations determined by the local board to 

15 be in sectors of the economy that have a 

16 high potential for sustained demand or 

17 growth in the local area. 

18 (iv) RULE OF CONSTRUCTION.—Noth19 ing in this paragraph shall be construed to 

20 preclude the combined use of individual 

21 training accounts and contracts in the pro22 vision of training services, including ar23 rangements that allow individuals receiving 

24 individual training accounts to obtain 


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1 training services that are contracted for 

2 under clause (ii). 

3 (H) REIMBURSEMENT FOR ON-THE-JOB

4 TRAINING.— 

5 (i) REIMBURSEMENT LEVEL.—For 

6 purposes of the provision of on-the-job 

7 training under this paragraph, the Gov8 ernor or local board involved may increase 

9 the amount of the reimbursement de10 scribed in section 101(44) to an amount of 

11 up to 75 percent of the wage rate of a par12 ticipant for a program carried out under 

13 chapter 2 or this chapter, if, respectively— 

14 (I) the Governor approves the in15 crease with respect to a program car16 ried out with funds reserved by the 

17 State under that chapter, taking into 

18 account the factors described in clause 

19 (ii); or 

20 (II) the local board approves the 

21 increase with respect to a program 

22 carried out with funds allocated to a 

23 local area under such chapter, taking 

24 into account those factors. 


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1 (ii) FACTORS.—For purposes of 

2 clause (i), the Governor or local board, re3 spectively, shall take into account factors 

4 consisting of— 

5 (I) the characteristics of the par6 ticipants; 

7 (II) the size of the employer; 

8 (III) the quality of employer-pro9 vided training and advancement op10 portunities; and 

11 (IV) such other factors as the 

12 Governor or local board, respectively, 

13 may determine to be appropriate, 

14 which may include the number of em15 ployees participating in the training, 

16 wage and benefit levels of those em17 ployees (at present and anticipated 

18 upon completion of the training), and 

19 relation of the training to the com20 petitiveness of a participant. 

21 (d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN22 ING ACTIVITIES.— 

23 (1) IN GENERAL.— 

24 (A) ACTIVITIES.—Funds allocated to a 

25 local area for adults under paragraph (2)(A) or 


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1 (3), as appropriate, of section 233(b), and 

2 funds allocated to the local area for dislocated 

3 workers under section 233(b)(2)(B), may be 

4 used to provide, through the one-stop delivery 

5 system involved (and through collaboration with 

6 the local board, for the purpose of the activities 

7 described in clauses (ix) and (xi))— 

8 (i) customized screening and referral 

9 of qualified participants in training serv10 ices described in subsection (c)(4) to em11 ployers; 

12 (ii) customized employment-related 

13 services to employers, employer associa14 tions, or other such organizations on a fee15 for-service basis; 

16 (iii) customer support to enable indi17 viduals with barriers to employment (in18 cluding individuals with disabilities) and 

19 veterans, to navigate among multiple serv20 ices and activities for such populations; 

21 (iv) technical assistance and capacity 

22 building for one-stop operators, one-stop 

23 partners, and eligible providers of training 

24 services, regarding the provision of services 

25 to individuals with disabilities in local 


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1 areas, including the development and train2 ing of staff, the provision of outreach, in3 take, assessments, and service delivery, the 

4 coordination of services across providers 

5 and programs, and the development of per6 formance accountability measures; 

7 (v) employment and training activities 

8 provided in coordination with child support 

9 enforcement activities of the State and 

10 local agencies carrying out part D of title 

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

12 651 et seq.); 

13 (vi) activities to improve coordination 

14 of employment and training activities, child 

15 support services, and assistance, provided 

16 by State and local agencies carrying out 

17 part D of title IV of the Social Security 

18 Act (42 U.S.C. 651 et seq.); 

19 (vii) activities to improve coordination 

20 between employment and training activities 

21 and cooperative extension programs carried 

22 out by the Department of Agriculture; 

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1 stop delivery system, including facilitating 

2 access through the use of technology; 

3 (ix) activities— 

4 (I) to improve coordination be5 tween workforce investment activities 

6 and economic development activities 

7 carried out within the local area in8 volved, and to promote entrepre9 neurial skills training and microenter10 prise services; 

11 (II) to improve services and link12 ages between the local workforce in13 vestment system (including the local 

14 one-stop delivery system) and employ15 ers, including small employers, in the 

16 local area, through services described 

17 in this section; and 

18 (III) to strengthen linkages be19 tween the one-stop delivery system 

20 and unemployment insurance pro21 grams; 

22 (x) training programs for displaced 

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1 tion with programs operated in the local 

2 area; 

3 (xi) activities to provide business serv4 ices and strategies that meet the workforce 

5 investment needs of area employers, as de6 termined by the local board, consistent 

7 with the local plan under section 118, 

8 which services— 

9 (I) may be provided through ef10 fective business intermediaries work11 ing in conjunction with the local 

12 board, and may also be provided on a 

13 fee-for-service basis or through the 

14 leveraging of economic development, 

15 philanthropic, and other public and 

16 private resources in a manner deter17 mined appropriate by the local board; 

18 and 

19 (II) may include— 

20 (aa) identifying and dissemi21 nating to business, educators, 

22 and job seekers, information re23 lated to the workforce, economic 

24 and community development 


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1 needs, and opportunities pre2 sented by the local economy; 

3 (bb) developing and imple4 menting industry sector strate5 gies (including strategies involv6 ing industry partnerships, re7 gional skills alliances, industry 

8 skill panels, and sectoral skills 

9 partnerships) in which represent10 atives of multiple employers for a 

11 specific industry sector or group 

12 of related occupations— 

13 (AA) collaborate to ad14 dress common workforce 

15 needs with suppliers, labor 

16 organizations, economic de17 velopment agencies, eligible 

18 providers of training services 

19 described in section 222, 

20 and other entities that can 

21 provide needed supportive 

22 services tailored to the needs 

23 of workers in that sector or 

24 group for a local area or re25 gion; 


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1 (BB) identify current 

2 and expected gaps between 

3 the demand for and supply 

4 of labor and skills in that 

5 sector or group for that area 

6 or region; and 

7 (CC) develop a strategic 

8 plan and training efforts to 

9 address skill gaps, advance 

10 industry growth and com11 petitiveness, and improve 

12 worker productivity, reten13 tion, advancement, and com14 petitiveness; 

15 (cc) developing and deliv16 ering innovative workforce invest17 ment services and strategies for 

18 area employers, which may in19 clude career ladder, skills up20 grading, skill standard develop21 ment and certification for recog22 nized postsecondary credential or 

23 other employer use, apprentice24 ship, and other effective initia25 tives for meeting the workforce 


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1 investment needs of area employ2 ers and workers; 

3 (dd) participation, of appro4 priate personnel of area employ5 ers, in seminars and classes of6 fered in partnership with relevant 

7 organizations focusing on the 

8 workforce-related needs of area 

9 employers and job seekers; 

10 (ee) training, consulting, 

11 needs analysis, and brokering 

12 services for area employers, in13 cluding the organization and ag14 gregation of training for indi15 vidual employers and coalitions of 

16 employers with similar interests, 

17 products, or workforce needs, ex18 cept that services described in 

19 this item may be paid for with 

20 funds other than those provided 

21 under this title; 

22 (ff) assistance to area em23 ployers in managing reductions 

24 in force in coordination with 

25 rapid response activities provided 


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•S 1356 IS

1 under subsection (a)(2)(A) and 

2 with strategies for the aversion of 

3 layoffs, which strategies may in4 clude early identification of firms 

5 at risk of layoffs, use of feasi6 bility studies to assess the needs 

7 of and options for at-risk firms, 

8 and the delivery of employment 

9 and training activities to address 

10 risk factors; 

11 (gg) the marketing of busi12 ness services offered under this 

13 title, to appropriate area employ14 ers, including small and mid15 sized employers; 

16 (hh) information referral on 

17 concerns affecting local employ18 ers; and 

19 (ii) other business services 

20 and strategies that better engage 

21 employers in workforce invest22 ment activities and make the 

23 workforce investment system 

24 more relevant to meeting the 

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•S 1356 IS

1 termined by the local board to be 

2 consistent with the objectives of 

3 this title; 

4 (xii) activities to adjust the economic 

5 self-sufficiency standards referred to in 

6 subsection (a)(3)(A)(xii) for local factors, 

7 or activities to adopt, calculate, or commis8 sion for approval, economic self-sufficiency 

9 standards for the local areas that specify 

10 the income needs of families, by family 

11 size, the number and ages of children in 

12 the family, and substate geographical con13 siderations; 

14 (xiii) improved coordination between 

15 employment and training activities and 

16 programs carried out in the local area for 

17 individuals with disabilities, including pro18 grams carried out by State agencies relat19 ing to intellectual disabilities and develop20 mental disabilities, activities carried out by 

21 Statewide Independent Living Councils es22 tablished under section 705 of the Reha23 bilitation Act of 1973 (29 U.S.C. 796d), 

24 programs funded under part B of chapter 

25 1 of title VII of such Act (29 U.S.C. 796e 


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•S 1356 IS

1 et seq.), and activities carried out by cen2 ters for independent living, as defined in 

3 section 702 of such Act (29 U.S.C. 796a); 

4 and 

5 (xiv) implementation of promising 

6 services to workers and businesses, which 

7 may include support for education, train8 ing, skill upgrading, and statewide net9 working for employees to become work10 place learning advisors and maintain pro11 ficiency in carrying out the activities asso12 ciated with such advising. 

13 (B) WORK SUPPORT ACTIVITIES FOR LOW14 WAGE WORKERS.— 

15 (i) IN GENERAL.—Funds allocated to 

16 a local area for adults under paragraph 

17 (2)(A) or (3), as appropriate, of section 

18 233(b), and funds allocated to the local 

19 area for dislocated workers under section 

20 233(b)(2)(B), may be used to provide, 

21 through the one-stop delivery system in22 volved, work support activities designed to 

23 assist low-wage workers in retaining and 

24 enhancing employment. The one-stop part25 ners of the system shall coordinate the apVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 propriate programs and resources of the 

2 partners with the activities and resources 

3 provided under this subparagraph. 

4 (ii) ACTIVITIES.—The work support 

5 activities described in clause (i) may in6 clude the provision of activities described 

7 in this section through the one-stop deliv8 ery system in a manner that enhances the 

9 opportunities of such workers to partici10 pate in the activities, such as the provision 

11 of activities described in this section during 

12 nontraditional hours and the provision of 

13 onsite child care while such activities are 

14 being provided. 

15 (2) SUPPORTIVE SERVICES.—Funds allocated to 

16 a local area for adults under paragraph (2)(A) or 

17 (3), as appropriate, of section 233(b), and funds al18 located to the local area for dislocated workers under 

19 section 233(b)(2)(B), may be used to provide sup20 portive services to adults and dislocated workers, re21 spectively— 

22 (A) who are participating in programs with 

23 activities authorized in any of paragraphs (2), 

24 (3), or (4) of subsection (c); and 


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1 (B) who are unable to obtain such sup2 portive services through other programs pro3 viding such services. 

4 (3) NEEDS-RELATED PAYMENTS.— 

5 (A) IN GENERAL.—Funds allocated to a 

6 local area for adults under paragraph (2)(A) or 

7 (3), as appropriate, of section 233(b), and 

8 funds allocated to the local area for dislocated 

9 workers under section 233(b)(2)(B), may be 

10 used to provide needs-related payments to 

11 adults and dislocated workers, respectively, who 

12 are unemployed and do not qualify for (or have 

13 ceased to qualify for) unemployment compensa14 tion for the purpose of enabling such individ15 uals to participate in programs of training serv16 ices under subsection (c)(4). 

17 (B) ADDITIONAL ELIGIBILITY REQUIRE18 MENTS.—In addition to the requirements con19 tained in subparagraph (A), a dislocated worker 

20 who has ceased to qualify for unemployment 

21 compensation may be eligible to receive needs22 related payments under this paragraph only if 

23 such worker was enrolled in the training serv24 ices— 


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1 (i) by the end of the 13th week after 

2 the most recent layoff that resulted in a 

3 determination of the worker’s eligibility for 

4 employment and training activities for dis5 located workers under this subtitle; or 

6 (ii) if later, by the end of the 8th 

7 week after the worker is informed that a 

8 short-term layoff will exceed 6 months. 

9 (C) LEVEL OF PAYMENTS.—The level of a 

10 needs-related payment made to a dislocated 

11 worker under this paragraph shall not exceed 

12 the greater of— 

13 (i) the applicable level of unemploy14 ment compensation; or 

15 (ii) if such worker did not qualify for 

16 unemployment compensation, an amount 

17 equal to the poverty line, for an equivalent 

18 period, which amount shall be adjusted to 

19 reflect changes in total family income. 

20 (4) INCUMBENT WORKER TRAINING PRO21 GRAMS.— 

22 (A) IN GENERAL.— 

23 (i) STANDARD RESERVATION OF

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

25 the local board may reserve and use not 


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1 more than 15 percent of the funds allo2 cated to the local area involved under sec3 tion 233(b) to pay for the Federal share of 

4 the cost of providing training through a 

5 training program for incumbent workers, 

6 carried out in accordance with this para7 graph. 

8 (ii) INCREASED RESERVATION OF

9 FUNDS.—If the local board determines 

10 that there is sufficient evidence that use of 

11 the funds reserved under clause (i) led to 

12 employee retention by and contributed to 

13 creation of new jobs with employers that 

14 participated in incumbent worker training 

15 programs, the local board may reserve and 

16 use not more than a total of 20 percent of 

17 such funds to pay for the Federal share of 

18 such cost. 

19 (iii) DETERMINATION OF ELIGI20 BILITY.—For the purpose of determining 

21 the eligibility of an employer to receive 

22 funding under clause (i), the local board 

23 shall take into account factors consisting 

24 of— 


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1 (I) the characteristics of the par2 ticipants in the program; 

3 (II) the relationship of the train4 ing to the competitiveness of a partici5 pant and the employer; and 

6 (III) such other factors as the 

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

9 number of employees participating in 

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

12 anticipated upon completion of the 

13 training), and the existence of other 

14 training and advancement opportuni15 ties provided by the employer. 

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

18 recommendations to the local board for 

19 providing incumbent worker training that 

20 has statewide impact. 

21 (B) TRAINING ACTIVITIES.—The training 

22 program for incumbent workers carried out 

23 under this paragraph shall be carried out by the 

24 local board in conjunction with the employers or 

25 groups of employers of such workers (which 


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1 may include employers in partnership with 

2 other entities for the purposes of delivering 

3 training) for the purpose of assisting such 

4 workers in obtaining the skills necessary to re5 tain employment or avert layoffs. 

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

8 program carried out under this paragraph shall 

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

10 the cost of providing the training to incumbent 

11 workers of the employers. 

12 (D) NON-FEDERAL SHARE.— 

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

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

17 of employees participating in the training), 

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

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

22 of the employer and employees, and the 

23 availability of other employer-provided 

24 training and advancement opportunities. 


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1 (ii) LIMITS.—The non-Federal share 

2 shall not be less than— 

3 (I) 10 percent of the cost, for 

4 employers with not more than 50 em5 ployees; 

6 (II) 25 percent of the cost, for 

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

9 and 

10 (III) 50 percent of the cost, for 

11 employers with more than 100 em12 ployees. 

13 (iii) CALCULATION OF EMPLOYER

14 SHARE.—The non-Federal share provided 

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

17 paid by the employer to a worker while the 

18 worker is attending a training program 

19 under this paragraph. The employer may 

20 provide the share in cash or in kind, fairly 

21 evaluated. 

22 (5) TRANSITIONAL JOBS.—The local board may 

23 use not more than 10 percent of the funds allocated 

24 to the local area involved under section 233(b) to 


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1 provide transitional jobs under subsection (c)(4) 

2 that— 

3 (A) are time-limited work experiences that 

4 are subsidized and are in the public, private, or 

5 nonprofit sectors for individuals with barriers to 

6 employment who are chronically unemployed or 

7 have an inconsistent work history; 

8 (B) are combined with comprehensive em9 ployment and supportive services; and 

10 (C) are designed to assist the individuals 

11 described in subparagraph (A) to establish a 

12 work history, demonstrate success in the work13 place, and develop the skills that lead to entry 

14 into and retention in unsubsidized employment. 

15 CHAPTER 4—GENERAL WORKFORCE 

16 INVESTMENT PROVISIONS 

17 SEC. 236. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.— 

19 There are authorized to be appropriated to carry out the 

20 activities described in section 227(a), such sums as may 

21 be necessary for each of fiscal years 2014 through 2018. 

22 (b) ADULT EMPLOYMENT AND TRAINING ACTIVI23 TIES.—There are authorized to be appropriated to carry 

24 out the activities described in section 232(a)(1), such 


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1 sums as may be necessary for each of fiscal years 2014 

2 through 2018. 

3 (c) DISLOCATED WORKER EMPLOYMENT AND

4 TRAINING ACTIVITIES.—There are authorized to be ap5 propriated to carry out the activities described in section 

6 232(a)(2), such sums as may be necessary for each of fis7 cal years 2014 through 2018. 

8 Subtitle C—Job Corps 

9 SEC. 241. PURPOSES. 

10 The purposes of this subtitle are— 

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

12 carried out in partnership with States and commu13 nities, to— 

14 (A) assist eligible youth to connect to the 

15 labor force by providing them with intensive so16 cial, academic, career and technical education, 

17 and service-learning opportunities, in primarily 

18 residential centers, in order for such youth to 

19 obtain secondary school diplomas or recognized 

20 postsecondary credentials leading to— 

21 (i) successful careers, in in-demand 

22 industry sectors or occupations or the 

23 Armed Forces, that will result in economic 

24 self-sufficiency and opportunities for ad25 vancement; or 


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1 (ii) enrollment in postsecondary edu2 cation, including an apprenticeship pro3 gram; and 

4 (B) support responsible citizenship; 

5 (2) to set forth standards and procedures for 

6 selecting individuals as enrollees in the Job Corps; 

7 (3) to authorize the establishment of Job Corps 

8 centers in which enrollees will participate in inten9 sive programs of activities described in this subtitle; 

10 and 

11 (4) to prescribe various other powers, duties, 

12 and responsibilities incident to the operation and 

13 continuing development of the Job Corps. 

14 SEC. 242. DEFINITIONS. 

15 In this subtitle: 

16 (1) APPLICABLE LOCAL BOARD.—The term 

17 ‘‘applicable local board’’ means a local board— 

18 (A) that provides information for a Job 

19 Corps center on local employment opportunities 

20 and the job skills needed to obtain the opportu21 nities; and 

22 (B) that serves communities in which the 

23 graduates of the Job Corps center seek employ24 ment. 


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1 (2) APPLICABLE ONE-STOP CENTER.—The term 

2 ‘‘applicable one-stop center’’ means a one-stop cen3 ter that provides services, such as referral, assess4 ment, recruitment, and placement, to support the 

5 purposes of the Job Corps. 

6 (3) ENROLLEE.—The term ‘‘enrollee’’ means 

7 an individual who has voluntarily applied for, been 

8 selected for, and enrolled in the Job Corps program, 

9 and remains with the program, but has not yet be10 come a graduate. 

11 (4) FORMER ENROLLEE.—The term ‘‘former 

12 enrollee’’ means an individual who has voluntarily 

13 applied for, been selected for, and enrolled in the 

14 Job Corps program, but left the program prior to 

15 becoming a graduate. 

16 (5) GRADUATE.—The term ‘‘graduate’’ means 

17 an individual who has voluntarily applied for, been 

18 selected for, and enrolled in the Job Corps program 

19 and who, as a result of participation in the Job 

20 Corps program, has received a secondary school di21 ploma or recognized equivalent, or completed the re22 quirements of a career and technical education and 

23 training program that prepares individuals for em24 ployment leading to economic self-sufficiency or en25 trance into postsecondary education or training. 


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1 (6) JOB CORPS.—The term ‘‘Job Corps’’ means 

2 the Job Corps described in section 243. 

3 (7) JOB CORPS CENTER.—The term ‘‘Job Corps 

4 center’’ means a center described in section 247. 

5 (8) OPERATOR.—The term ‘‘operator’’ means 

6 an entity selected under this subtitle to operate a 

7 Job Corps center. 

8 (9) REGION.—The term ‘‘region’’ means an 

9 area defined by the Secretary. 

10 (10) SERVICE PROVIDER.—The term ‘‘service 

11 provider’’ means an entity selected under this sub12 title to provide services described in this subtitle to 

13 a Job Corps center. 

14 SEC. 243. ESTABLISHMENT. 

15 There shall be within the Department of Labor a 

16 ‘‘Job Corps’’. 

17 SEC. 244. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

18 (a) IN GENERAL.—To be eligible to become an en19 rollee, an individual shall be— 

20 (1) not less than age 16 and not more than age 

21 21 on the date of enrollment, except that— 

22 (A) not more than 20 percent of the indi23 viduals enrolled in the Job Corps may be not 

24 less than age 22 and not more than age 24 on 

25 the date of enrollment; and 


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1 (B) either such maximum age limitation 

2 may be waived by the Secretary, in accordance 

3 with regulations of the Secretary, in the case of 

4 an individual with a disability; 

5 (2) a low-income individual; and 

6 (3) an individual who is one or more of the fol7 lowing: 

8 (A) Basic skills deficient. 

9 (B) A school dropout. 

10 (C) A homeless individual (as defined in 

11 section 41403(6) of the Violence Against 

12 Women Act of 1994 (42 U.S.C. 14043e–2(6)), 

13 except that clauses (i)(IV) and (iii) of subpara14 graph (B) of such section shall not apply), a 

15 homeless child or youth (as defined in section 

16 725(2) of the McKinney-Vento Homeless As17 sistance Act (42 U.S.C. 11434a(2)), except that 

18 subparagraph (B)(iv) of such section shall not 

19 apply), a runaway, an individual in foster care, 

20 or an individual who was in foster care and has 

21 aged out of the foster care system. 

22 (D) A parent. 

23 (E) An individual who requires additional 

24 education, career and technical education or 

25 training, or workforce preparation skills to be 


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1 able to obtain and retain employment that leads 

2 to economic self-sufficiency. 

3 (b) SPECIAL RULE FOR VETERANS.—Notwith4 standing the requirement of subsection (a)(2), a veteran 

5 of the Armed Forces shall be eligible to become an enrollee 

6 under subsection (a) if the individual— 

7 (1) meets the requirements of paragraphs (1) 

8 and (3) of such subsection; and 

9 (2) does not meet the requirement of subsection 

10 (a)(2) because the military income earned by such 

11 individual within the 6-month period prior to the in12 dividual’s application for Job Corps prevents the in13 dividual from meeting such requirement. 

14 SEC. 245. RECRUITMENT, SCREENING, SELECTION, AND AS15 SIGNMENT OF ENROLLEES. 

16 (a) STANDARDS AND PROCEDURES.— 

17 (1) IN GENERAL.—The Secretary shall pre18 scribe specific standards and procedures for the re19 cruitment, screening, and selection of eligible appli20 cants for the Job Corps, after considering rec21 ommendations from Governors of States, local 

22 boards, and other interested parties. 

23 (2) METHODS.—In prescribing standards and 

24 procedures under paragraph (1), the Secretary, at a 

25 minimum, shall— 


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1 (A) prescribe procedures for informing en2 rollees that drug tests will be administered to 

3 the enrollees and the results received within 45 

4 days after the enrollees enroll in the Job Corps; 

5 (B) establish standards for recruitment of 

6 Job Corps applicants; 

7 (C) establish standards and procedures 

8 for— 

9 (i) determining, for each applicant, 

10 whether the educational and career and 

11 technical education and training needs of 

12 the applicant can best be met through the 

13 Job Corps program or an alternative pro14 gram in the community in which the appli15 cant resides; and 

16 (ii) obtaining from each applicant per17 tinent data relating to background, needs, 

18 and interests for determining eligibility 

19 and potential assignment; 

20 (D) where appropriate, take measures to 

21 improve the professional capability of the indi22 viduals conducting screening of the applicants; 

23 and 


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1 (E) assure appropriate representation of 

2 enrollees from urban areas and from rural 

3 areas. 

4 (3) IMPLEMENTATION.—To the extent prac5 ticable, the standards and procedures shall be imple6 mented through arrangements with— 

7 (A) applicable one-stop centers; 

8 (B) community action agencies, business 

9 organizations, and labor organizations; 

10 (C) agencies and individuals that have con11 tact with youth over substantial periods of time 

12 and are able to offer reliable information about 

13 the needs and problems of youth; and 

14 (D) child welfare agencies that are respon15 sible for children in foster care and children eli16 gible for assistance under section 477 of the So17 cial Security Act (42 U.S.C. 677). 

18 (4) CONSULTATION.—The standards and proce19 dures shall provide for necessary consultation with 

20 individuals and organizations, including court, pro21 bation, parole, law enforcement, education, welfare, 

22 and medical authorities and advisers. 

23 (5) REIMBURSEMENT.—The Secretary is au24 thorized to enter into contracts with and make pay25 ments to individuals and organizations for the cost 


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1 of conducting recruitment, screening, and selection 

2 of eligible applicants for the Job Corps, as provided 

3 for in this section. The Secretary shall make no pay4 ment to any individual or organization solely as com5 pensation for referring the names of applicants for 

6 the Job Corps. 

7 (b) SPECIAL LIMITATIONS ON SELECTION.— 

8 (1) IN GENERAL.—No individual shall be se9 lected as an enrollee unless the individual or organi10 zation implementing the standards and procedures 

11 described in subsection (a) determines that— 

12 (A) there is a reasonable expectation that 

13 the individual considered for selection can par14 ticipate successfully in group situations and ac15 tivities, and is not likely to engage in behavior 

16 that would prevent other enrollees from receiv17 ing the benefit of the Job Corps program or be 

18 incompatible with the maintenance of sound 

19 discipline and satisfactory relationships between 

20 the Job Corps center to which the individual 

21 might be assigned and communities sur22 rounding the Job Corps center; 

23 (B) the individual manifests a basic under24 standing of both the rules to which the indi25 vidual will be subject and of the consequences 


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1 of failure to observe the rules, and agrees to 

2 comply with such rules; and 

3 (C) the individual has passed a background 

4 check conducted in accordance with procedures 

5 established by the Secretary. 

6 (2) INDIVIDUALS ON PROBATION, PAROLE, OR

7 SUPERVISED RELEASE.—An individual on probation, 

8 parole, or supervised release may be selected as an 

9 enrollee only if release from the supervision of the 

10 probation or parole official involved is satisfactory to 

11 the official and the Secretary and does not violate 

12 applicable laws (including regulations). No individual 

13 shall be denied a position in the Job Corps solely on 

14 the basis of individual contact with the criminal jus15 tice system. 

16 (c) ASSIGNMENT PLAN.— 

17 (1) IN GENERAL.—Every 2 years, the Secretary 

18 shall develop and implement a plan for assigning en19 rollees to Job Corps centers. In developing the plan, 

20 the Secretary shall, based on the analysis described 

21 in paragraph (2), establish targets, applicable to 

22 each Job Corps center, for— 

23 (A) the maximum attainable percentage of 

24 enrollees at the Job Corps center that reside in 

25 the State in which the center is located; and 


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1 (B) the maximum attainable percentage of 

2 enrollees at the Job Corps center that reside in 

3 the region in which the center is located, and in 

4 surrounding regions. 

5 (2) ANALYSIS.—In order to develop the plan 

6 described in paragraph (1), every 2 years the Sec7 retary, in consultation with operators of Job Corps 

8 centers, shall analyze relevant factors relating to 

9 each Job Corps center, including— 

10 (A) the size of the population of individ11 uals eligible to participate in Job Corps in the 

12 State and region in which the Job Corps center 

13 is located, and in surrounding regions; 

14 (B) the relative demand for participation 

15 in the Job Corps in the State and region, and 

16 in surrounding regions; 

17 (C) the capacity and utilization of the Job 

18 Corps center, including the education, training, 

19 and supportive services provided through the 

20 center; and 

21 (D) the performance of the Job Corps cen22 ter relating to the expected levels of perform23 ance for the indicators described in section 

24 259(c)(1), and whether any actions have been 


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1 taken with respect to such center pursuant to 

2 paragraphs (2) and (3) of section 259(f). 

3 (d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.— 

4 (1) IN GENERAL.—After an individual has been 

5 selected for the Job Corps in accordance with the 

6 standards and procedures of the Secretary under 

7 subsection (a), the enrollee shall be assigned to the 

8 Job Corps center that offers the type of career and 

9 technical education and training selected by the indi10 vidual and, among the centers that offer such edu11 cation and training, is closest to the home of the in12 dividual. The Secretary may waive this requirement 

13 if— 

14 (A) the enrollee would be unduly delayed 

15 in participating in the Job Corps program be16 cause the closest center is operating at full ca17 pacity; or 

18 (B) the parent or guardian of the enrollee 

19 requests assignment of the enrollee to another 

20 Job Corps center due to circumstances in the 

21 community of the enrollee that would impair 

22 prospects for successful participation in the Job 

23 Corps program. 

24 (2) ENROLLEES WHO ARE YOUNGER THAN

25 18.—An enrollee who is younger than 18 shall not 


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1 be assigned to a Job Corps center other than the 

2 center closest to the home that offers the career and 

3 technical education and training desired by the en4 rollee pursuant to paragraph (1) if the parent or 

5 guardian of the enrollee objects to the assignment. 

6 SEC. 246. ENROLLMENT. 

7 (a) RELATIONSHIP BETWEEN ENROLLMENT AND

8 MILITARY OBLIGATIONS.—Enrollment in the Job Corps 

9 shall not relieve any individual of obligations under the 

10 Military Selective Service Act (50 U.S.C. App. 451 et 

11 seq.). 

12 (b) PERIOD OF ENROLLMENT.—No individual may 

13 be enrolled in the Job Corps for more than 2 years, ex14 cept— 

15 (1) in a case in which completion of an ad16 vanced career training program under section 248(c) 

17 would require an individual to participate in the Job 

18 Corps for not more than one additional year; 

19 (2) in the case of an individual with a disability 

20 who would reasonably be expected to meet the stand21 ards for a Job Corps graduate, as defined under sec22 tion 242(5), if allowed to participate in the Job 

23 Corps for not more than 1 additional year; 

24 (3) in the case of an individual who participates 

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1 servation Center program, who would be granted an 

2 enrollment extension in the Job Corps for the 

3 amount of time equal to the period of national serv4 ice; or 

5 (4) as the Secretary may authorize in a special 

6 case. 

7 SEC. 247. JOB CORPS CENTERS. 

8 (a) OPERATORS AND SERVICE PROVIDERS.— 

9 (1) ELIGIBLE ENTITIES.— 

10 (A) OPERATORS.—The Secretary shall 

11 enter into an agreement with a Federal, State, 

12 or local agency, an area career and technical 

13 education school, a residential career and tech14 nical education school, or a private organiza15 tion, for the operation of each Job Corps cen16 ter. 

17 (B) PROVIDERS.—The Secretary may 

18 enter into an agreement with a local entity, or 

19 other entity with the necessary capacity, to pro20 vide activities described in this subtitle to a Job 

21 Corps center. 

22 (2) SELECTION PROCESS.— 

23 (A) COMPETITIVE BASIS.—Except as pro24 vided in subsections (a) and (b) of section 3304 

25 of title 41, United States Code, the Secretary 


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1 shall select on a competitive basis an entity to 

2 operate a Job Corps center and entities to pro3 vide activities described in this subtitle to the 

4 Job Corps center. In developing a solicitation 

5 for an operator or service provider, the Sec6 retary shall consult with the Governor of the 

7 State in which the center is located, the indus8 try council for the Job Corps center (if estab9 lished), and the applicable local board regarding 

10 the contents of such solicitation, including ele11 ments that will promote the consistency of the 

12 activities carried out through the center with 

13 the objectives set forth in the State plan or in 

14 a local plan. 

15 (B) RECOMMENDATIONS AND CONSIDER16 ATIONS.— 

17 (i) OPERATORS.—In selecting an enti18 ty to operate a Job Corps center, the Sec19 retary shall consider— 

20 (I) the ability of the entity to co21 ordinate the activities carried out 

22 through the Job Corps center with ac23 tivities carried out under the appro24 priate State plan and local plans; 


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1 (II) the degree to which the ca2 reer and technical education and 

3 training that the entity proposes for 

4 the center reflects employment oppor5 tunities in the local areas in which en6 rollees at the center intend to seek 

7 employment; 

8 (III) the degree to which the en9 tity demonstrates relationships with 

10 the surrounding communities, employ11 ers, labor organizations, workforce 

12 boards, applicable one-stop centers, 

13 and State and region in which the 

14 center is located; and 

15 (IV) the performance of the enti16 ty, if any, relating to operating or 

17 providing activities described in this 

18 subtitle to a Job Corps center, includ19 ing the entity’s demonstrated effec20 tiveness in assisting individuals in 

21 achieving the primary indicators of 

22 performance for eligible youth de23 scribed in section 131(b)(2)(A)(ii). 

24 (ii) PROVIDERS.—In selecting a serv25 ice provider for a Job Corps center, the 


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1 Secretary shall consider the factors de2 scribed in subclauses (I) through (IV) of 

3 clause (i), as appropriate. 

4 (b) CHARACTER AND ACTIVITIES.—Job Corps cen5 ters may be residential or nonresidential in character, and 

6 shall be designed and operated so as to provide enrollees, 

7 in a well-supervised setting, with access to activities de8 scribed in this subtitle. In any year, no more than 20 per9 cent of the individuals enrolled in the Job Corps may be 

10 nonresidential participants in the Job Corps. 

11 (c) CIVILIAN CONSERVATION CENTERS.— 

12 (1) IN GENERAL.—The Job Corps centers may 

13 include Civilian Conservation Centers, operated 

14 under an agreement between the Secretary of Labor 

15 and the Secretary of Agriculture, that are located 

16 primarily in rural areas. Such centers shall provide, 

17 in addition to academics, career and technical edu18 cation and training, and workforce preparation skills 

19 training, programs of work experience to conserve, 

20 develop, or manage public natural resources or pub21 lic recreational areas or to develop community 

22 projects in the public interest. 

23 (2) ASSISTANCE DURING DISASTERS.—Enroll24 ees in Civilian Conservation Centers may provide as25 sistance in addressing national, State, and local disVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 asters, consistent with current child labor laws and 

2 regulations. The Secretary of Agriculture shall en3 sure that with respect to the provision of such as4 sistance the enrollees are properly trained, equipped, 

5 supervised, and dispatched consistent with standards 

6 for the conservation and rehabilitation of wildlife es7 tablished under the Fish and Wildlife Coordination 

8 Act (16 U.S.C. 661 et seq.). 

9 (3) NATIONAL LIAISON.—The Secretary of Ag10 riculture shall designate a Job Corps National Liai11 son to support the agreement under this section be12 tween the Departments of Labor and Agriculture. 

13 (d) INDIAN TRIBES.— 

14 (1) GENERAL AUTHORITY.—The Secretary may 

15 enter into agreements with Indian tribes to operate 

16 Job Corps centers for Indians. 

17 (2) DEFINITIONS.—In this subsection, the 

18 terms ‘‘Indian’’ and ‘‘Indian tribe’’ have the mean19 ings given such terms in subsections (d) and (e), re20 spectively, of section 4 of the Indian Self-Determina21 tion and Education Assistance Act (25 U.S.C. 

22 450b). 

23 SEC. 248. PROGRAM ACTIVITIES. 

24 (a) ACTIVITIES PROVIDED BY JOB CORPS CEN25 TERS.— 


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1 (1) IN GENERAL.—Each Job Corps center shall 

2 provide enrollees with an intensive, well organized, 

3 and fully supervised program of education, including 

4 English language acquisition programs, career and 

5 technical education and training, work experience, 

6 work-based learning, recreational activities, physical 

7 rehabilitation and development, driver’s education, 

8 and counseling, which may include information 

9 about financial literacy. Each Job Corps center shall 

10 provide enrollees assigned to the center with access 

11 to core services described in section 234(c)(2) and 

12 the intensive services described in section 234(c)(3). 

13 (2) RELATIONSHIP TO OPPORTUNITIES.—The 

14 activities provided under this subsection shall be tar15 geted to helping enrollees, on completion of their en16 rollment— 

17 (A) secure and maintain meaningful un18 subsidized employment; 

19 (B) enroll in and complete secondary edu20 cation or postsecondary education or training 

21 programs, including other suitable career and 

22 technical education and training, and appren23 ticeship programs; or 

24 (C) satisfy Armed Forces requirements. 


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1 (3) LINK TO EMPLOYMENT OPPORTUNITIES.— 

2 The career and technical education and training pro3 vided shall be linked to the employment opportuni4 ties in the local area in which the enrollee intends 

5 to seek employment after graduation. 

6 (b) ACADEMIC AND CAREER AND TECHNICAL EDU7 CATION AND TRAINING.—The Secretary may arrange for 

8 career and technical education and training of enrollees 

9 through local public or private educational agencies, career 

10 and technical educational institutions, technical institutes, 

11 or national service providers, whenever such entities pro12 vide education and training substantially equivalent in 

13 cost and quality to that which the Secretary could provide 

14 through other means. 

15 (c) ADVANCED CAREER TRAINING PROGRAMS.— 

16 (1) IN GENERAL.—The Secretary may arrange 

17 for programs of advanced career training for se18 lected enrollees in which the enrollees may continue 

19 to participate for a period of not to exceed 1 year 

20 in addition to the period of participation to which 

21 the enrollees would otherwise be limited. The ad22 vanced career training may be provided through the 

23 eligible providers of training services identified under 

24 section 222. 


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1 (2) BENEFITS.—During the period of participa2 tion in an advanced career training program, an en3 rollee shall be eligible for full Job Corps benefits, or 

4 a monthly stipend equal to the average value of the 

5 residential support, food, allowances, and other ben6 efits provided to enrollees assigned to residential Job 

7 Corps centers. 

8 (3) DEMONSTRATION.—The Secretary shall de9 velop standards by which any operator seeking to 

10 enroll additional enrollees in an advanced career 

11 training program shall demonstrate that participants 

12 in such program have achieved a satisfactory rate of 

13 completion and placement in training-related jobs 

14 before the operator may carry out such additional 

15 enrollment. 

16 (d) GRADUATE SERVICES.—In order to promote the 

17 retention of graduates in employment or postsecondary 

18 education, the Secretary shall arrange for the provision 

19 of job placement and support services to graduates for up 

20 to 12 months after the date of graduation. Multiple re21 sources, including one-stop partners, may support the pro22 vision of these services, including services from the State 

23 vocational rehabilitation agency to supplement job place24 ment and job development efforts for Job Corps graduates 

25 who are individuals with disabilities. 


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1 (e) CHILD CARE.—The Secretary shall, to the extent 

2 practicable, provide child care at or near Job Corps cen3 ters, for individuals who require child care for their chil4 dren in order to participate in the Job Corps. 

5 SEC. 249. COUNSELING AND JOB PLACEMENT. 

6 (a) ASSESSMENT AND COUNSELING.—The Secretary 

7 shall arrange for assessment and counseling for each en8 rollee at regular intervals to measure progress in the aca9 demic and career and technical education and training 

10 programs carried out through the Job Corps. 

11 (b) PLACEMENT.—The Secretary shall arrange for 

12 assessment and counseling for enrollees prior to their 

13 scheduled graduations to determine their capabilities and, 

14 based on their capabilities, shall make every effort to ar15 range to place the enrollees in employment leading to eco16 nomic self-sufficiency for which the enrollees are trained 

17 or to assist the enrollees in participating in further activi18 ties described in this subtitle. In arranging for the place19 ment of graduates in jobs, the Secretary shall utilize the 

20 one-stop delivery system to the maximum extent prac21 ticable. 

22 (c) STATUS AND PROGRESS.—The Secretary shall de23 termine the status and progress of enrollees scheduled for 

24 graduation and make every effort to assure that their 


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1 needs for further activities described in this subtitle are 

2 met. 

3 (d) SERVICES TO FORMER ENROLLEES.—The Sec4 retary may provide such services as the Secretary deter5 mines to be appropriate under this subtitle to former en6 rollees. 

7 SEC. 250. SUPPORT. 

8 (a) PERSONAL ALLOWANCES.—The Secretary may 

9 provide enrollees assigned to Job Corps centers with such 

10 personal allowances as the Secretary may determine to be 

11 necessary or appropriate to meet the needs of the enroll12 ees. 

13 (b) TRANSITION ALLOWANCES.—The Secretary shall 

14 arrange for a transition allowance to be paid to graduates. 

15 The transition allowance shall be incentive-based to reflect 

16 a graduate’s completion of academic, career and technical 

17 education or training, and attainment of recognized post18 secondary credentials. 

19 (c) TRANSITION SUPPORT.—The Secretary may ar20 range for the provision of 3 months of employment serv21 ices for former enrollees. 

22 SEC. 251. OPERATING PLAN. 

23 (a) IN GENERAL.—The provisions of the contract be24 tween the Secretary and an entity selected to operate a 


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1 Job Corps center shall, at a minimum, serve as an oper2 ating plan for the Job Corps center. 

3 (b) ADDITIONAL INFORMATION.—The Secretary may 

4 require the operator, in order to remain eligible to operate 

5 the Job Corps center, to submit such additional informa6 tion as the Secretary may require, which shall be consid7 ered part of the operating plan. 

8 (c) AVAILABILITY.—The Secretary shall make the op9 erating plan described in subsections (a) and (b), exclud10 ing any proprietary information, available to the public. 

11 SEC. 252. STANDARDS OF CONDUCT. 

12 (a) PROVISION AND ENFORCEMENT.—The Secretary 

13 shall provide, and directors of Job Corps centers shall 

14 stringently enforce, standards of conduct within the cen15 ters. Such standards of conduct shall include provisions 

16 forbidding the actions described in subsection (b)(2)(A). 

17 (b) DISCIPLINARY MEASURES.— 

18 (1) IN GENERAL.—To promote the proper be19 havioral standards in the Job Corps, the directors of 

20 Job Corps centers shall have the authority to take 

21 appropriate disciplinary measures against enrollees 

22 if such a director determines that an enrollee has 

23 committed a violation of the standards of conduct. 

24 The director shall dismiss the enrollee from the Job 

25 Corps if the director determines that the retention 


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1 of the enrollee in the Job Corps will jeopardize the 

2 enforcement of such standards, threaten the safety 

3 of staff, students, or the local community, or dimin4 ish the opportunities of other enrollees. 

5 (2) ZERO TOLERANCE POLICY AND DRUG TEST6 ING.— 

7 (A) GUIDELINES.—The Secretary shall 

8 adopt guidelines establishing a zero tolerance 

9 policy for an act of violence, for use, sale, or 

10 possession of a controlled substance, for abuse 

11 of alcohol, or for other illegal or disruptive ac12 tivity. 

13 (B) DRUG TESTING.—The Secretary shall 

14 require drug testing of all enrollees for con15 trolled substances in accordance with proce16 dures prescribed by the Secretary under section 

17 245(a). 

18 (C) DEFINITIONS.—In this paragraph: 

19 (i) CONTROLLED SUBSTANCE.—The 

20 term ‘‘controlled substance’’ has the mean21 ing given the term in section 102 of the 

22 Controlled Substances Act (21 U.S.C. 

23 802). 

24 (ii) ZERO TOLERANCE POLICY.—The 

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1 icy under which an enrollee shall be auto2 matically dismissed from the Job Corps 

3 after a determination by the director that 

4 the enrollee has carried out an action de5 scribed in subparagraph (A). 

6 (c) APPEAL.—A disciplinary measure taken by a di7 rector under this section shall be subject to expeditious 

8 appeal in accordance with procedures established by the 

9 Secretary. 

10 SEC. 253. COMMUNITY PARTICIPATION. 

11 (a) BUSINESS AND COMMUNITY PARTICIPATION.— 

12 The director of each Job Corps center shall ensure the 

13 establishment and development of the business and com14 munity networks described in subsection (b) in order to 

15 enhance the effectiveness of such centers. 

16 (b) NETWORKS.—The activities carried out by each 

17 Job Corps center under this section shall include— 

18 (1) establishing and developing relationships 

19 and networks with— 

20 (A) local and distant employers, to the ex21 tent practicable, in coordination with other Fed22 eral and non-Federal programs that conduct 

23 similar outreach to employers; 


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1 (B) applicable one-stop centers and appli2 cable local boards, for the purpose of pro3 viding— 

4 (i) information to, and referral of, po5 tential enrollees; and 

6 (ii) job opportunities for Job Corps 

7 graduates; and 

8 (C)(i) relevant apprenticeship programs 

9 and youth programs; 

10 (ii) labor-management organizations and 

11 local labor organizations; 

12 (iii) employers and contractors that sup13 port national training contractor programs; and 

14 (iv) community-based organizations, non15 profit organizations, and intermediaries pro16 viding workforce development-related services; 

17 and 

18 (2) establishing and developing relationships 

19 with members of the community in which the Job 

20 Corps center is located, informing members of the 

21 community about the projects of the Job Corps cen22 ter and changes in the rules, procedures, or activities 

23 of the center that may affect the community, and 

24 planning events of mutual interest to the community 

25 and the Job Corps center. 


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1 (c) NEW CENTERS.—The director of a Job Corps 

2 center that is not yet operating shall ensure the establish3 ment and development of the relationships and networks 

4 described in subsection (b) at least 3 months prior to the 

5 date on which the center accepts the first enrollee at the 

6 center. 

7 SEC. 254. INDUSTRY COUNCILS. 

8 (a) IN GENERAL.—Each Job Corps center shall have 

9 an industry council, appointed by the director of the cen10 ter, in accordance with procedures established by the Sec11 retary. 

12 (b) INDUSTRY COUNCIL COMPOSITION.— 

13 (1) IN GENERAL.—An industry council shall be 

14 comprised of— 

15 (A) a majority of members who shall be 

16 owners of business concerns, chief executives or 

17 chief operating officers of nongovernmental em18 ployers, or other private sector employers, 

19 who— 

20 (i) have substantial management, hir21 ing, or policy responsibility; and 

22 (ii) represent businesses with employ23 ment opportunities that reflect the employ24 ment opportunities of the applicable local 


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1 areas in which enrollees will be seeking em2 ployment; 

3 (B) representatives of labor organizations 

4 (where present) and representatives of employ5 ees; and 

6 (C) enrollees and graduates of the Job 

7 Corps. 

8 (2) LOCAL BOARD.—The industry council may 

9 include members of the applicable local boards who 

10 meet the requirements described in paragraph (1). 

11 (3) EMPLOYERS OUTSIDE OF LOCAL AREA.— 

12 The industry council for a Job Corps center may in13 clude, or otherwise provide for consultation with, 

14 employers from outside the local area who are likely 

15 to hire a significant number of enrollees from the 

16 Job Corps center. 

17 (4) SPECIAL RULE FOR SINGLE STATE LOCAL

18 AREAS.—In the case of a single State local area des19 ignated under section 116(b), the industry council 

20 shall include a representative of the State Board. 

21 (c) RESPONSIBILITIES.—The responsibilities of the 

22 industry council shall be— 

23 (1) to work closely with all applicable local 

24 boards in order to determine, and recommend to the 


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1 Secretary, appropriate career and technical edu2 cation and training for the center; 

3 (2) to review all the relevant labor market in4 formation to— 

5 (A) determine the employment opportuni6 ties in the local areas in which the enrollees in7 tend to seek employment after graduation; 

8 (B) determine the skills and education that 

9 are necessary to obtain the employment oppor10 tunities; and 

11 (C) recommend to the Secretary the type 

12 of career and technical education and training 

13 that should be implemented at the center to en14 able the enrollees to obtain the employment op15 portunities; and 

16 (3) to meet at least once every 6 months to re17 evaluate the labor market information, and other rel18 evant information, to determine, and recommend to 

19 the Secretary, any necessary changes in the career 

20 and technical education and training provided at the 

21 center. 

22 (d) NEW CENTERS.—The industry council for a Job 

23 Corps center that is not yet operating shall carry out the 

24 responsibilities described in subsection (c) at least 3 


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1 months prior to the date on which the center accepts the 

2 first enrollee at the center. 

3 SEC. 255. ADVISORY COMMITTEES. 

4 The Secretary may establish and use advisory com5 mittees in connection with the operation of the Job Corps 

6 program, and the operation of Job Corps centers, when7 ever the Secretary determines that the availability of out8 side advice and counsel on a regular basis would be of 

9 substantial benefit in identifying and overcoming prob10 lems, in planning program or center development, or in 

11 strengthening relationships between the Job Corps and 

12 agencies, institutions, or groups engaged in related activi13 ties. 

14 SEC. 256. EXPERIMENTAL, RESEARCH, AND DEMONSTRA15 TION PROJECTS. 

16 The Secretary may carry out experimental, research, 

17 or demonstration projects relating to carrying out the Job 

18 Corps program. The Secretary may waive any provisions 

19 of this subtitle that the Secretary finds would prevent the 

20 Secretary from carrying out the projects if the Secretary 

21 informs the Committee on Health, Education, Labor, and 

22 Pensions of the Senate and the Committee on Education 

23 and the Workforce of the House of Representatives, in 

24 writing, not less than 90 days in advance of issuing such 

25 waiver. 


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1 SEC. 257. APPLICATION OF PROVISIONS OF FEDERAL LAW. 

2 (a) ENROLLEES NOT CONSIDERED TO BE FEDERAL

3 EMPLOYEES.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this subsection and in section 8143(a) of 

6 title 5, United States Code, enrollees shall not be 

7 considered to be Federal employees and shall not be 

8 subject to the provisions of law relating to Federal 

9 employment, including such provisions regarding 

10 hours of work, rates of compensation, leave, unem11 ployment compensation, and Federal employee bene12 fits. 

13 (2) PROVISIONS RELATING TO TAXES AND SO14 CIAL SECURITY BENEFITS.—For purposes of the In15 ternal Revenue Code of 1986 and title II of the So16 cial Security Act (42 U.S.C. 401 et seq.), enrollees 

17 shall be deemed to be employees of the United 

18 States and any service performed by an individual as 

19 an enrollee shall be deemed to be performed in the 

20 employ of the United States. 

21 (3) PROVISIONS RELATING TO COMPENSATION

22 TO FEDERAL EMPLOYEES FOR WORK INJURIES.— 

23 For purposes of subchapter I of chapter 81 of title 

24 5, United States Code (relating to compensation to 

25 Federal employees for work injuries), enrollees shall 

26 be deemed to be civil employees of the Government 


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1 of the United States within the meaning of the term 

2 ‘‘employee’’ as defined in section 8101 of title 5, 

3 United States Code, and the provisions of such sub4 chapter shall apply as specified in section 8143(a) of 

5 title 5, United States Code. 

6 (4) FEDERAL TORT CLAIMS PROVISIONS.—For 

7 purposes of the Federal tort claims provisions in 

8 title 28, United States Code, enrollees shall be con9 sidered to be employees of the Government. 

10 (b) ADJUSTMENTS AND SETTLEMENTS.—Whenever 

11 the Secretary finds a claim for damages to a person or 

12 property resulting from the operation of the Job Corps 

13 to be a proper charge against the United States, and the 

14 claim is not cognizable under section 2672 of title 28, 

15 United States Code, the Secretary may adjust and settle 

16 the claim in an amount not exceeding $1,500. 

17 (c) PERSONNEL OF THE UNIFORMED SERVICES.— 

18 Personnel of the uniformed services who are detailed or 

19 assigned to duty in the performance of agreements made 

20 by the Secretary for the support of the Job Corps shall 

21 not be counted in computing strength under any law lim22 iting the strength of such services or in computing the 

23 percentage authorized by law for any grade in such serv24 ices. 


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1 SEC. 258. SPECIAL PROVISIONS. 

2 (a) ENROLLMENT.—The Secretary shall ensure that 

3 women and men have an equal opportunity to participate 

4 in the Job Corps program, consistent with section 245. 

5 (b) STUDIES, EVALUATIONS, PROPOSALS, AND

6 DATA.—The Secretary shall assure that all studies, eval7 uations, proposals, and data produced or developed with 

8 Federal funds in the course of carrying out the Job Corps 

9 program shall become the property of the United States. 

10 (c) TRANSFER OF PROPERTY.— 

11 (1) IN GENERAL.—Notwithstanding chapter 5 

12 of title 40, United States Code, and any other provi13 sion of law, the Secretary and the Secretary of Edu14 cation shall receive priority by the Secretary of De15 fense for the direct transfer, on a nonreimbursable 

16 basis, of the property described in paragraph (2) for 

17 use in carrying out programs under this Act or 

18 under any other Act. 

19 (2) PROPERTY.—The property described in this 

20 paragraph is real and personal property under the 

21 control of the Department of Defense that is not 

22 used by such Department, including property that 

23 the Secretary of Defense determines is in excess of 

24 current and projected requirements of such Depart25 ment. 


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1 (d) GROSS RECEIPTS.—Transactions conducted by a 

2 private for-profit or nonprofit entity that is an operator 

3 or service provider for a Job Corps center shall not be 

4 considered to be generating gross receipts. Such an oper5 ator or service provider shall not be liable, directly or indi6 rectly, to any State or subdivision of a State (nor to any 

7 person acting on behalf of such a State or subdivision) 

8 for any gross receipts taxes, business privilege taxes meas9 ured by gross receipts, or any similar taxes imposed on, 

10 or measured by, gross receipts in connection with any pay11 ments made to or by such entity for operating or providing 

12 services to a Job Corps center. Such an operator or service 

13 provider shall not be liable to any State or subdivision of 

14 a State to collect or pay any sales, excise, use, or similar 

15 tax imposed on the sale to or use by such operator or serv16 ice provider of any property, service, or other item in con17 nection with the operation of or provision of services to 

18 a Job Corps center. 

19 (e) MANAGEMENT FEE.—The Secretary shall provide 

20 each operator and (in an appropriate case, as determined 

21 by the Secretary) service provider with an equitable and 

22 negotiated management fee of not less than 1 percent of 

23 the amount of the funding provided under the appropriate 

24 agreement specified in section 247. 


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1 (f) DONATIONS.—The Secretary may accept on be2 half of the Job Corps or individual Job Corps centers 

3 charitable donations of cash or other assistance, including 

4 equipment and materials, if such donations are available 

5 for appropriate use for the purposes set forth in this sub6 title. 

7 (g) SALE OF PROPERTY.—Notwithstanding any other 

8 provision of law, if the Administrator of General Services 

9 sells a Job Corps center facility, the Administrator shall 

10 transfer the proceeds from the sale to the Secretary, who 

11 shall use the proceeds to carry out the Job Corps program. 

12 SEC. 259. MANAGEMENT INFORMATION. 

13 (a) FINANCIAL MANAGEMENT INFORMATION SYS14 TEM.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 procedures to ensure that each operator, and each 

17 service provider, maintains a financial management 

18 information system that will provide— 

19 (A) accurate, complete, and current disclo20 sures of the costs of Job Corps operations; and 

21 (B) sufficient data for the effective evalua22 tion of activities carried out through the Job 

23 Corps program. 

24 (2) ACCOUNTS.—Each operator and service 

25 provider shall maintain funds received under this 


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1 subtitle in accounts in a manner that ensures timely 

2 and accurate reporting as required by the Secretary. 

3 (3) FISCAL RESPONSIBILITY.—Operators shall 

4 remain fiscally responsible and control costs, regard5 less of whether the funds made available for Job 

6 Corps centers are incrementally increased or de7 creased between fiscal years. 

8 (b) AUDIT.— 

9 (1) ACCESS.—The Secretary, the Inspector 

10 General of the Department of Labor, the Comp11 troller General of the United States, and any of 

12 their duly authorized representatives, shall have ac13 cess to any books, documents, papers, and records of 

14 the operators and service providers described in sub15 section (a) that are pertinent to the Job Corps pro16 gram, for purposes of conducting surveys, audits, 

17 and evaluations of the operators and service pro18 viders. 

19 (2) SURVEYS, AUDITS, AND EVALUATIONS.— 

20 The Secretary shall survey, audit, or evaluate, or ar21 range for the survey, audit, or evaluation of, the op22 erators and service providers, using Federal auditors 

23 or independent public accountants. The Secretary 

24 shall conduct such surveys, audits, or evaluations 

25 not less often than once every 3 years. 


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1 (c) INFORMATION ON INDICATORS OF PERFORM2 ANCE.— 

3 (1) LEVELS OF PERFORMANCE AND INDICA4 TORS.—The Secretary shall annually establish ex5 pected levels of performance for Job Corps centers 

6 and the Job Corps program relating to each of the 

7 primary indicators of performance for eligible youth 

8 activities described in section 131(b)(2)(A)(ii). 

9 (2) PERFORMANCE OF RECRUITERS.—The Sec10 retary shall also establish performance indicators, 

11 and expected performance levels on the performance 

12 indicators, for recruitment service providers serving 

13 the Job Corps program. The performance indicators 

14 shall relate to the number of enrollees recruited, 

15 compared to the established goals for such recruit16 ment, and the number of enrollees who remain com17 mitted to the program for 90 days after enrollment. 

18 (3) REPORT.—The Secretary shall collect, and 

19 annually submit to the Committee on Health, Edu20 cation, Labor, and Pensions of the Senate and the 

21 Committee on Education and the Workforce of the 

22 House of Representatives, a report containing— 

23 (A) information on the performance of 

24 each Job Corps center, and the Job Corps pro25 gram, on the performance indicators described 


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1 in paragraph (1), as compared to the expected 

2 level of performance established under such 

3 paragraph for each performance accountability 

4 measure; and 

5 (B) information on the performance of the 

6 service providers described in paragraph (2) on 

7 the performance indicators established under 

8 such paragraph, as compared to the expected 

9 performance levels for the performance indica10 tors. 

11 (d) ADDITIONAL INFORMATION.— 

12 (1) IN GENERAL.—The Secretary shall also col13 lect, and submit in the report described in sub14 section (c), information on the performance of each 

15 Job Corps center, and the Job Corps program, re16 garding— 

17 (A) the number of enrollees served; 

18 (B) demographic information on the enroll19 ees served, including age, race, gender, and 

20 education and income level; 

21 (C) the number of graduates who entered 

22 the Armed Forces; 

23 (D) the number of graduates who entered 

24 apprenticeship programs; 


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1 (E) the number of graduates who entered 

2 unsubsidized employment related to the career 

3 and technical education and training received 

4 through the Job Corps program and the num5 ber who entered unsubsidized employment not 

6 related to the education and training received; 

7 (F) the number and percentage of former 

8 enrollees, including the number dismissed under 

9 the zero tolerance policy described in section 

10 252(b); and 

11 (G) any additional information required by 

12 the Secretary. 

13 (2) RULES FOR REPORTING OF DATA.—The 

14 disaggregation of data under this subsection shall 

15 not be required when the number of individuals in 

16 a category is insufficient to yield statistically reliable 

17 information or when the results would reveal person18 ally identifiable information about an individual. 

19 (e) METHODS.—The Secretary shall collect the infor20 mation described in subsections (c) and (d), using methods 

21 described in section 131(i)(2) and consistent with State 

22 law, by entering into agreements with the States to access 

23 such data for Job Corps enrollees, former enrollees, and 

24 graduates. 


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1 (f) PERFORMANCE ASSESSMENTS AND IMPROVE2 MENTS.— 

3 (1) ASSESSMENTS.—The Secretary shall con4 duct an annual assessment of the performance of 

5 each Job Corps center. Based on the assessment, the 

6 Secretary shall take measures to continuously im7 prove the performance of the Job Corps program. 

8 (2) PERFORMANCE IMPROVEMENT.—With re9 spect to a Job Corps center that fails to meet the 

10 expected levels of performance relating to the pri11 mary indicators of performance specified in sub12 section (c)(1), the Secretary shall develop and imple13 ment a performance improvement plan. Such a plan 

14 shall require action to be taken during a one-year 

15 period, including— 

16 (A) providing technical assistance to the 

17 center; 

18 (B) changing the career and technical edu19 cation and training offered at the center; 

20 (C) changing the management staff of the 

21 center; 

22 (D) replacing the operator of the center; 

23 (E) reducing the capacity of the center; 

24 (F) relocating the center; or 

25 (G) closing the center. 


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1 (3) ADDITIONAL PERFORMANCE IMPROVE2 MENT.—In addition to the performance improvement 

3 plans required under paragraph (2), the Secretary 

4 may develop and implement additional performance 

5 improvement plans. Such a plan shall require im6 provements, including the actions described in such 

7 paragraph, for a Job Corps center that fails to meet 

8 criteria established by the Secretary other than the 

9 expected levels of performance described in such 

10 paragraph. 

11 (4) CIVILIAN CONSERVATION CENTERS.—With 

12 respect to a Civilian Conservation Center that fails 

13 to meet the expected levels of performance relating 

14 to the primary indicators of performance specified in 

15 subsection (c)(1), or fails to improve performance as 

16 described in paragraph (2), the Secretary, in con17 sultation with the Secretary of Agriculture, may se18 lect an entity to operate a Civilian Conservation 

19 Center on a competitive basis, in accordance with 

20 the requirements of section 247(a)(2)(B). 

21 (g) PARTICIPANT HEALTH AND SAFETY.—The Sec22 retary shall require that an entity that has entered into 

23 a contract with a Job Corps operator to provide work24 based learning activities for any Job Corps enrollee under 

25 this subtitle shall comply with the Occupational Safety 


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1 and Health Act of 1970 (29 U.S.C. 651 et seq.) or, as 

2 appropriate, under the corresponding State Occupational 

3 Safety and Health Act of 1970 requirements in the State 

4 in which such activities occur. 

5 (h) BUILDINGS AND FACILITIES.—The Secretary 

6 shall collect, and submit in the report described in sub7 section (c), information regarding the state of Job Corps 

8 buildings and facilities. Such report shall include— 

9 (1) a review of requested construction, rehabili10 tation, and acquisition projects, by each Job Corps 

11 center; and 

12 (2) a review of new facilities under construc13 tion. 

14 (i) NATIONAL AND COMMUNITY SERVICE.—The Sec15 retary shall include in the report described in subsection 

16 (c) available information regarding the national and com17 munity service activities of enrollees, particularly those en18 rollees at Civilian Conservation Centers. 

19 (j) CLOSURE OF JOB CORPS CENTER.—Prior to the 

20 closure of any Job Corps center, the Secretary shall en21 sure— 

22 (1) that the proposed decision to close the cen23 ter is announced in advance to the general public 

24 through publication in the Federal Register or other 

25 appropriate means; 


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1 (2) the establishment of a reasonable comment 

2 period, not to exceed 30 days, for interested individ3 uals to submit written comments to the Secretary; 

4 and 

5 (3) that the Member of Congress who rep6 resents the district in which such center is located 

7 is notified within a reasonable period of time in ad8 vance of any final decision to close the center. 

9 SEC. 260. GENERAL PROVISIONS. 

10 The Secretary is authorized to— 

11 (1) disseminate, with regard to the provisions of 

12 section 3204 of title 39, United States Code, data 

13 and information in such forms as the Secretary shall 

14 determine to be appropriate, to public agencies, pri15 vate organizations, and the general public; 

16 (2) subject to section 257(b), collect or com17 promise all obligations to or held by the Secretary 

18 and exercise all legal or equitable rights accruing to 

19 the Secretary in connection with the payment of ob20 ligations until such time as such obligations may be 

21 referred to the Attorney General for suit or collec22 tion; and 

23 (3) expend funds made available for purposes of 

24 this subtitle— 


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1 (A) for printing and binding, in accordance 

2 with applicable law (including regulation); and 

3 (B) without regard to any other law (in4 cluding regulation), for rent of buildings and 

5 space in buildings and for repair, alteration, 

6 and improvement of buildings and space in 

7 buildings rented by the Secretary, except that 

8 the Secretary shall not expend funds under the 

9 authority of this subparagraph— 

10 (i) except when necessary to obtain an 

11 item, service, or facility, that is required in 

12 the proper administration of this subtitle, 

13 and that otherwise could not be obtained, 

14 or could not be obtained in the quantity or 

15 quality needed, or at the time, in the form, 

16 or under the conditions in which the item, 

17 service, or facility is needed; and 

18 (ii) prior to having given written noti19 fication to the Administrator of General 

20 Services (if the expenditure would affect an 

21 activity that otherwise would be under the 

22 jurisdiction of the General Services Admin23 istration) of the intention of the Secretary 

24 to make the expenditure, and the reasons 

25 and justifications for the expenditure. 


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1 SEC. 261. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this subtitle such sums as may be necessary for each of 

4 the fiscal years 2014 through 2018. 

5 Subtitle D—National Programs 

6 SEC. 266. NATIVE AMERICAN PROGRAMS. 

7 (a) PURPOSE.— 

8 (1) IN GENERAL.—The purpose of this section 

9 is to support employment and training activities for 

10 Indian, Alaska Native, and Native Hawaiian individ11 uals in order— 

12 (A) to develop more fully the academic, oc13 cupational, and literacy skills of such individ14 uals; 

15 (B) to make such individuals more com16 petitive in the workforce and to equip them 

17 with the entrepreneurial skills necessary for 

18 successful self-employment; and 

19 (C) to promote the economic and social de20 velopment of Indian, Alaska Native, and Native 

21 Hawaiian communities in accordance with the 

22 goals and values of such communities. 

23 (2) INDIAN POLICY.—All programs assisted 

24 under this section shall be administered in a manner 

25 consistent with the principles of the Indian Self-De26 termination and Education Assistance Act (25 


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1 U.S.C. 450 et seq.) and the government-to-govern2 ment relationship between the Federal Government 

3 and Indian tribal governments. 

4 (b) DEFINITIONS.—As used in this section: 

5 (1) ALASKA NATIVE.—The term ‘‘Alaska Na6 tive’’ means a Native as such term is defined in sec7 tion 3(b) of the Alaska Native Claims Settlement 

8 Act (43 U.S.C. 1602(b)). 

9 (2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA10 NIZATION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, 

11 and ‘‘tribal organization’’ have the meanings given 

12 such terms in subsections (d), (e), and (l), respec13 tively, of section 4 of the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 450b). 

15 (3) NATIVE HAWAIIAN AND NATIVE HAWAIIAN

16 ORGANIZATION.—The terms ‘‘Native Hawaiian’’ and 

17 ‘‘Native Hawaiian organization’’ have the meanings 

18 given such terms in section 7207 of the Native Ha19 waiian Education Act (20 U.S.C. 7517). 

20 (c) PROGRAM AUTHORIZED.—Every 4 years, the Sec21 retary shall, on a competitive basis, make grants to, or 

22 enter into contracts or cooperative agreements with, In23 dian tribes, tribal organizations, Alaska Native entities, 

24 Indian-controlled organizations serving Indians, or Native 


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1 Hawaiian organizations to carry out the authorized activi2 ties described in subsection (d). 

3 (d) AUTHORIZED ACTIVITIES.— 

4 (1) IN GENERAL.—Funds made available under 

5 subsection (c) shall be used to carry out the activi6 ties described in paragraph (2) that— 

7 (A) are consistent with this section; and 

8 (B) are necessary to meet the needs of In9 dians, Alaska Natives, or Native Hawaiians 

10 preparing to enter, reenter, or retain employ11 ment leading to self-sufficiency. 

12 (2) WORKFORCE INVESTMENT ACTIVITIES AND

13 SUPPLEMENTAL SERVICES.— 

14 (A) IN GENERAL.—Funds made available 

15 under subsection (c) shall be used for— 

16 (i) comprehensive workforce develop17 ment activities for Indians, Alaska Natives, 

18 or Native Hawaiians, including training on 

19 entrepreneurial skills; or 

20 (ii) supplemental services for Indian, 

21 Alaska Native, or Native Hawaiian youth 

22 on or near Indian reservations and in 

23 Oklahoma, Alaska, or Hawaii. 

24 (B) SPECIAL RULE.—Notwithstanding any 

25 other provision of this section, individuals who 


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1 were eligible to participate in programs under 

2 section 401 of the Job Training Partnership 

3 Act (as such section was in effect on the day 

4 before the date of enactment of the Workforce 

5 Investment Act of 1998) shall be eligible to par6 ticipate in an activity assisted under this sec7 tion. 

8 (e) PROGRAM PLAN.—In order to receive a grant or 

9 enter into a contract or cooperative agreement under this 

10 section, an entity described in subsection (c) shall submit 

11 to the Secretary a program plan that describes a 4-year 

12 strategy for meeting the needs of Indian, Alaska Native, 

13 or Native Hawaiian individuals, as appropriate, in the 

14 area served by such entity. Such plan shall— 

15 (1) be consistent with the purpose of this sec16 tion; 

17 (2) identify the population to be served; 

18 (3) identify the education and employment 

19 needs of the population to be served and the manner 

20 in which the activities to be provided will strengthen 

21 the ability of the individuals served to obtain or re22 tain employment leading to self-sufficiency; 

23 (4) describe the activities to be provided and 

24 the manner in which such activities are to be inte25 grated with other appropriate activities; and 


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1 (5) describe, after the entity submitting the 

2 plan consults with the Secretary, the performance 

3 accountability measures to be used to assess the per4 formance of entities in carrying out the activities as5 sisted under this section, which shall include the pri6 mary indicators of performance described in section 

7 131(b)(2)(A) and expected levels of performance for 

8 such indicators, in accordance with subsection (h). 

9 (f) CONSOLIDATION OF FUNDS.—Each entity receiv10 ing assistance under subsection (c) may consolidate such 

11 assistance with assistance received from related programs 

12 in accordance with the provisions of the Indian Employ13 ment, Training and Related Services Demonstration Act 

14 of 1992 (25 U.S.C. 3401 et seq.). 

15 (g) NONDUPLICATIVE AND NONEXCLUSIVE SERV16 ICES.—Nothing in this section shall be construed— 

17 (1) to limit the eligibility of any entity de18 scribed in subsection (c) to participate in any activ19 ity offered by a State or local entity under this Act; 

20 or 

21 (2) to preclude or discourage any agreement, 

22 between any entity described in subsection (c) and 

23 any State or local entity, to facilitate the provision 

24 of services by such entity or to the population served 

25 by such entity. 


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1 (h) PERFORMANCE ACCOUNTABILITY MEASURES.— 

2 (1) ADDITIONAL PERFORMANCE INDICATORS

3 AND STANDARDS.— 

4 (A) DEVELOPMENT OF INDICATORS AND

5 STANDARDS.—The Secretary, in consultation 

6 with the Native American Employment and 

7 Training Council, shall develop a set of per8 formance indicators and standards that is in 

9 addition to the primary indicators of perform10 ance described in section 131(b)(2)(A) and that 

11 shall be applicable to programs under this sec12 tion. 

13 (B) SPECIAL CONSIDERATIONS.—Such per14 formance indicators and standards shall take 

15 into account— 

16 (i) the purpose of this section as de17 scribed in subsection (a)(1); 

18 (ii) the needs of the groups served by 

19 this section, including the differences in 

20 needs among such groups in various geo21 graphic service areas; and 

22 (iii) the economic circumstances of the 

23 communities served, including differences 

24 in circumstances among various geographic 

25 service areas. 


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1 (2) AGREEMENT ON ADJUSTED LEVELS OF

2 PERFORMANCE.—The Secretary and the entity de3 scribed in subsection (c) shall reach agreement on 

4 the levels of performance for each of the primary in5 dicators of performance described in section 

6 131(b)(2)(A), taking into account economic condi7 tions, characteristics of the individuals served, and 

8 other appropriate factors and using, to the extent 

9 practicable, the statistical adjustment model under 

10 section 131(b)(3)(A)(viii). The levels agreed to shall 

11 be the adjusted levels of performance and shall be 

12 incorporated in the program plan. 

13 (i) ADMINISTRATIVE PROVISIONS.— 

14 (1) ORGANIZATIONAL UNIT ESTABLISHED.— 

15 The Secretary shall designate a single organizational 

16 unit within the Department of Labor that shall have 

17 primary responsibility for the administration of the 

18 activities authorized under this section. 

19 (2) REGULATIONS.—The Secretary shall con20 sult with the entities described in subsection (c) in— 

21 (A) establishing regulations to carry out 

22 this section, including regulations relating to 

23 the performance accountability measures for en24 tities receiving assistance under this section; 

25 and 


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1 (B) developing a funding distribution plan 

2 that takes into consideration previous levels of 

3 funding (prior to the date of enactment of this 

4 Act) to such entities. 

5 (3) WAIVERS.— 

6 (A) IN GENERAL.—With respect to an en7 tity described in subsection (c), the Secretary, 

8 notwithstanding any other provision of law, 

9 may, pursuant to a request submitted by such 

10 entity that meets the requirements established 

11 under subparagraph (B), waive any of the stat12 utory or regulatory requirements of this title or 

13 title I that are inconsistent with the specific 

14 needs of the entities described in such sub15 section, except that the Secretary may not 

16 waive requirements relating to wage and labor 

17 standards, worker rights, participation and pro18 tection of workers and participants, grievance 

19 procedures, and judicial review. 

20 (B) REQUEST AND APPROVAL.—An entity 

21 described in subsection (c) that requests a waiv22 er under subparagraph (A) shall submit a plan 

23 to the Secretary to improve the program of 

24 workforce investment activities carried out by 

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1 ments established by the Secretary and shall be 

2 generally consistent with the requirements of 

3 section 289(i)(2). 

4 (4) ADVISORY COUNCIL.— 

5 (A) IN GENERAL.—Using funds made 

6 available to carry out this section, the Secretary 

7 shall establish a Native American Employment 

8 and Training Council to facilitate the consulta9 tion described in paragraph (2) and to provide 

10 the advice described in subparagraph (C). 

11 (B) COMPOSITION.—The Council shall be 

12 composed of individuals, appointed by the Sec13 retary, who are representatives of the entities 

14 described in subsection (c). 

15 (C) DUTIES.—The Council shall advise the 

16 Secretary on the operation and administration 

17 of the programs assisted under this section, in18 cluding the selection of the individual appointed 

19 as head of the unit established under paragraph 

20 (1). 

21 (D) PERSONNEL MATTERS.— 

22 (i) COMPENSATION OF MEMBERS.— 

23 Members of the Council shall serve without 

24 compensation. 


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1 (ii) TRAVEL EXPENSES.—The mem2 bers of the Council shall be allowed travel 

3 expenses, including per diem in lieu of sub4 sistence, at rates authorized for employees 

5 of agencies under subchapter I of chapter 

6 57 of title 5, United States Code, while 

7 away from their homes or regular places of 

8 business in the performance of services for 

9 the Council. 

10 (iii) ADMINISTRATIVE SUPPORT.—The 

11 Secretary shall provide the Council with 

12 such administrative support as may be nec13 essary to perform the functions of the 

14 Council. 

15 (E) CHAIRPERSON.—The Council shall se16 lect a chairperson from among its members. 

17 (F) MEETINGS.—The Council shall meet 

18 not less than twice each year. 

19 (G) APPLICATION.—Section 14 of the Fed20 eral Advisory Committee Act (5 U.S.C. App.) 

21 shall not apply to the Council. 

22 (5) TECHNICAL ASSISTANCE.—The Secretary, 

23 acting through the unit established under paragraph 

24 (1), is authorized to provide technical assistance to 

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1 sistance under such subsection to enable such enti2 ties to improve the activities authorized under this 

3 section that are provided by such entities. 

4 (6) AGREEMENT FOR CERTAIN FEDERALLY

5 RECOGNIZED INDIAN TRIBES TO TRANSFER FUNDS

6 TO THE PROGRAM.—A federally recognized Indian 

7 tribe that administers funds provided under this sec8 tion and funds provided by more than one State 

9 under other sections of this title may enter into an 

10 agreement with the Secretary and the Governors of 

11 the affected States to transfer the funds provided by 

12 the States to the program administered by the tribe 

13 under this section. 

14 (j) COMPLIANCE WITH SINGLE AUDIT REQUIRE15 MENTS; RELATED REQUIREMENT.—Grants, contracts, 

16 and cooperative agreements entered into under this section 

17 shall be subject to the requirements of chapter 75 of sub18 title V of title 31, United States Code, and charging of 

19 costs under this section shall be subject to appropriate cir20 culars issued by the Office of Management and Budget. 

21 (k) ASSISTANCE TO UNIQUE POPULATIONS IN ALAS22 KA AND HAWAII.— 

23 (1) IN GENERAL.—Notwithstanding any other 

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1 corporated, and the University of Hawaii at Maui, 

2 for the unique populations who reside in Alaska or 

3 Hawaii, respectively, to improve job training and 

4 workforce investment activities. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this subsection such sums as may be necessary for 

8 each of fiscal years 2014 through 2018. 

9 SEC. 267. MIGRANT AND SEASONAL FARMWORKER PRO10 GRAMS. 

11 (a) IN GENERAL.—Every 4 years, the Secretary 

12 shall, on a competitive basis, make grants to, or enter into 

13 contracts with, eligible entities to carry out the activities 

14 described in subsection (d). 

15 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

16 grant or enter into a contract under this section, an entity 

17 shall have an understanding of the problems of eligible mi18 grant and seasonal farmworkers (including dependents), 

19 a familiarity with the area to be served, and the ability 

20 to demonstrate a capacity to administer and deliver effec21 tively a diversified program of workforce investment activi22 ties (including youth workforce investment activities) and 

23 related assistance for eligible migrant and seasonal farm24 workers. 

25 (c) PROGRAM PLAN.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 grant or enter into a contract under this section, an 

3 entity described in subsection (b) shall submit to the 

4 Secretary a plan that describes a 4-year strategy for 

5 meeting the needs of eligible migrant and seasonal 

6 farmworkers in the area to be served by such entity. 

7 (2) CONTENTS.—Such plan shall— 

8 (A) describe the population to be served 

9 and identify the education and employment 

10 needs of the population to be served and the 

11 manner in which the services to be provided will 

12 strengthen the ability of the eligible migrant 

13 and seasonal farmworkers and dependents to 

14 obtain or retain unsubsidized employment, or 

15 stabilize their unsubsidized employment, includ16 ing upgraded employment in agriculture; 

17 (B) describe the related assistance and 

18 supportive services to be provided and the man19 ner in which such assistance and services are to 

20 be integrated and coordinated with other appro21 priate services; 

22 (C) describe the performance account23 ability measures to be used to assess the per24 formance of such entity in carrying out the ac25 tivities assisted under this section, which shall 


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1 include the expected levels of performance for 

2 the primary indicators of performance described 

3 in section 131(b)(2)(A); 

4 (D) describe the availability and accessi5 bility of local resources such as supportive serv6 ices, services provided through one-stop delivery 

7 systems, and education and training services, 

8 and how the resources can be made available to 

9 the population to be served; and 

10 (E) describe the plan for providing services 

11 under this section, including strategies and sys12 tems for outreach, career planning, assessment, 

13 and delivery through one-stop delivery systems. 

14 (3) AGREEMENT ON ADJUSTED LEVELS OF

15 PERFORMANCE.—The Secretary and the entity de16 scribed in subsection (b) shall reach agreement on 

17 the levels of performance for each of the primary in18 dicators of performance described in section 

19 131(b)(2)(A), taking into account economic condi20 tions, characteristics of the individuals served, and 

21 other appropriate factors, and using, to the extent 

22 practicable the statistical adjustment model under 

23 section 131(b)(3)(A)(viii). The levels agreed to shall 

24 be the adjusted levels of performance and shall be 

25 incorporated in the program plan. 


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1 (4) ADMINISTRATION.—Grants and contracts 

2 awarded under this section shall be centrally admin3 istered by the Department of Labor and competi4 tively awarded by the Secretary using procedures 

5 consistent with standard Federal Government com6 petitive procurement policies. 

7 (d) AUTHORIZED ACTIVITIES.—Funds made avail8 able under this section and section 227 shall be used to 

9 carry out workforce investment activities (including youth 

10 workforce investment activities) and provide related assist11 ance for eligible migrant and seasonal farmworkers, which 

12 may include— 

13 (1) outreach, employment, training, educational 

14 assistance, literacy assistance, English language and 

15 literacy instruction, pesticide and worker safety 

16 training, housing (including permanent housing), 

17 supportive services, and school dropout prevention 

18 activities; 

19 (2) followup services for those individuals 

20 placed in employment; 

21 (3) self-employment and related business or 

22 micro-enterprise development or education as needed 

23 by eligible individuals as identified pursuant to the 

24 plan required by subsection (c); 


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1 (4) customized career and technical education 

2 in occupations that will lead to higher wages, en3 hanced benefits, and long-term employment in agri4 culture or another area; and 

5 (5) technical assistance to improve coordination 

6 of services and implement best practices relating to 

7 service delivery through one-stop delivery systems. 

8 (e) CONSULTATION WITH GOVERNORS AND LOCAL

9 BOARDS.—In making grants and entering into contracts 

10 under this section, the Secretary shall consult with the 

11 Governors and local boards of the States in which the eli12 gible entities will carry out the activities described in sub13 section (d). 

14 (f) REGULATIONS.—The Secretary shall consult with 

15 eligible migrant and seasonal farmworkers groups and 

16 States in establishing regulations to carry out this section, 

17 including regulations relating to how economic and demo18 graphic barriers to employment of eligible migrant and 

19 seasonal farmworkers should be considered and included 

20 in the negotiations leading to the adjusted levels of per21 formance described in subsection (c). 

22 (g) COMPLIANCE WITH SINGLE AUDIT REQUIRE23 MENTS; RELATED REQUIREMENT.—Grants and contracts 

24 entered into under this section shall be subject to the re25 quirements of chapter 75 of subtitle V of title 31, United 


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1 States Code and charging of costs under this section shall 

2 be subject to appropriate circulars issued by the Office of 

3 Management and Budget. 

4 (h) FUNDING ALLOCATION.—From the funds appro5 priated and made available to carry out this section, the 

6 Secretary shall reserve not more than 1 percent for discre7 tionary purposes, such as providing technical assistance 

8 to eligible entities. 

9 (i) DEFINITIONS.—In this section: 

10 (1) DEPENDENT.—The term ‘‘dependent’’, used 

11 with respect to an eligible migrant or seasonal farm12 worker, means an individual who— 

13 (A) was claimed as a dependent on the 

14 farmworker’s Federal income tax return for the 

15 previous year; 

16 (B) is the spouse of the farmworker; or 

17 (C) is able to establish— 

18 (i) a relationship as the farm19 worker’s— 

20 (I) biological or legally adopted 

21 child, grandchild, or great-grandchild; 

22 (II) foster child; 

23 (III) stepchild; 

24 (IV) brother, sister, half-brother, 

25 half-sister, stepbrother, or stepsister; 


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1 (V) parent, grandparent, or other 

2 direct ancestor (but not foster par3 ent); 

4 (VI) stepfather or stepmother; 

5 (VII) uncle or aunt; 

6 (VIII) niece or nephew; or 

7 (IX) father-in-law, mother-in-law, 

8 son-in-law, daughter-in-law, brother9 in-law, or sister-in-law; and 

10 (ii) the receipt of over half of the indi11 vidual’s total support from the farm12 worker’s family during the eligibility deter13 mination period described in paragraph 

14 (4)(A) for the farmworker. 

15 (2) ELIGIBLE MIGRANT AND SEASONAL FARM16 WORKERS.—The term ‘‘eligible migrant and seasonal 

17 farmworkers’’ means individuals who are eligible mi18 grant farmworkers or are eligible seasonal farm19 workers. 

20 (3) ELIGIBLE MIGRANT FARMWORKER.—The 

21 term ‘‘eligible migrant farmworker’’ means— 

22 (A) an eligible seasonal farmworker de23 scribed in paragraph (4)(A) whose agricultural 

24 labor requires travel to a job site such that the 


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1 farmworker is unable to return to a permanent 

2 place of residence within the same day; and 

3 (B) a dependent of the farmworker de4 scribed in subparagraph (A). 

5 (4) ELIGIBLE SEASONAL FARMWORKER.—The 

6 term ‘‘eligible seasonal farmworker’’ means— 

7 (A) a low-income individual who— 

8 (i) for 12 consecutive months out of 

9 the 24 months prior to application for the 

10 program involved, has been primarily em11 ployed in agricultural or fish farming labor 

12 that is characterized by chronic unemploy13 ment or underemployment; and 

14 (ii) faces multiple barriers to economic 

15 self-sufficiency; and 

16 (B) a dependent of the person described in 

17 subparagraph (A). 

18 SEC. 268. VETERANS’ WORKFORCE INVESTMENT PRO19 GRAMS. 

20 (a) AUTHORIZATION.— 

21 (1) IN GENERAL.—The Secretary shall conduct, 

22 directly or through grants or contracts, programs to 

23 meet the needs for workforce investment activities of 

24 veterans with service-connected disabilities, veterans 

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1 erans who served on active duty in the armed forces 

2 during a war or in a campaign or expedition for 

3 which a campaign badge has been authorized, and 

4 recently separated veterans. 

5 (2) CONDUCT OF PROGRAMS.—Programs sup6 ported under this section may be conducted through 

7 grants and contracts with public agencies and pri8 vate nonprofit organizations, including recipients of 

9 Federal assistance under other provisions of this 

10 title, that the Secretary determines have an under11 standing of the unemployment problems of veterans 

12 described in paragraph (1), familiarity with the area 

13 to be served, and the capability to administer effec14 tively a program of workforce investment activities 

15 for such veterans. 

16 (3) REQUIRED ACTIVITIES.—Programs sup17 ported under this section shall include— 

18 (A) activities to enhance services provided 

19 to veterans by other providers of workforce in20 vestment activities funded by Federal, State, or 

21 local government, including services provided by 

22 one-stop operators and one-stop partners; 

23 (B) activities to provide workforce invest24 ment activities to such veterans that are not 


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1 adequately provided by other public providers of 

2 workforce investment activities; and 

3 (C) outreach and public information activi4 ties to develop and promote maximum job and 

5 job training opportunities for such veterans and 

6 to inform such veterans about employment, job 

7 training, on-the-job training, and educational 

8 opportunities under this title, under title 38, 

9 United States Code, and under other provisions 

10 of law, which activities shall be coordinated with 

11 activities provided through the one-stop centers 

12 described in section 221(e). 

13 (b) ADMINISTRATION OF PROGRAMS.— 

14 (1) IN GENERAL.—The Secretary shall admin15 ister programs supported under this section through 

16 the Assistant Secretary for Veterans’ Employment 

17 and Training. 

18 (2) ADDITIONAL RESPONSIBILITIES.—In car19 rying out responsibilities under this section, the As20 sistant Secretary for Veterans’ Employment and 

21 Training shall— 

22 (A) be responsible for the awarding of 

23 grants and contracts and the distribution of 

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1 ability, and program performance accountability 

2 measures for recipients of grants and contracts 

3 under this section; and 

4 (B) consult with the Secretary of Veterans 

5 Affairs and take steps to ensure that programs 

6 supported under this section are coordinated, to 

7 the maximum extent feasible, with related pro8 grams and activities conducted under title 38, 

9 United States Code, including programs and ac10 tivities conducted under chapter 63 of such 

11 title, any of chapters 30 through 34 of such 

12 title, and sections 1712A, 1720A, 3687, and 

13 4103A of such title. 

14 (3) PERFORMANCE ACCOUNTABILITY MEAS15 URES.—In carrying out the responsibilities relating 

16 to performance accountability measures described in 

17 paragraph (2)(A), the Assistant Secretary for Vet18 erans’ Employment and Training shall, for each 

19 grant or contract under this section providing edu20 cation, training, or employment services to veterans, 

21 include among such measures the primary indicators 

22 of performance described in section 131(b)(2)(A)(i) 

23 and adjusted levels of performance for each such in24 dicator that are agreed to by the Assistant Secretary 

25 and the recipient of the grant or contract. 


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1 SEC. 269. TECHNICAL ASSISTANCE. 

2 (a) GENERAL TECHNICAL ASSISTANCE.— 

3 (1) IN GENERAL.—The Secretary shall provide, 

4 coordinate, and support the development of, appro5 priate training, technical assistance, staff develop6 ment, and other activities, including— 

7 (A) assistance in replicating programs of 

8 demonstrated effectiveness, to States and local9 ities; 

10 (B) the training of staff providing rapid 

11 response services; 

12 (C) the training of other staff of recipients 

13 of funds under this title, including the staff of 

14 local boards and State boards; 

15 (D) the training of members of State 

16 boards and local boards; 

17 (E) assistance in the development and im18 plementation of integrated, technology-enabled 

19 intake and case management information sys20 tems for programs carried out under this Act 

21 and programs carried out by one-stop partners, 

22 such as standard sets of technical requirements 

23 for the systems, offering interfaces that States 

24 could use in conjunction with their current (as 

25 of the first date of implementation of the sys26 tems) intake and case management information 


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1 systems that would facilitate shared registration 

2 across programs; 

3 (F) peer review activities under this title; 

4 and 

5 (G) in particular, assistance to States in 

6 making transitions to implement the provisions 

7 of this Act. 

8 (2) SUFFICIENT CAPACITY.—The Secretary 

9 shall ensure that the Department has sufficient ca10 pacity to carry out, and carries out, directly or in ac11 cordance with paragraph (3), the activities described 

12 in paragraph (1) for all States and recipients of fi13 nancial assistance under any of sections 266 through 

14 268. 

15 (3) FORM OF ASSISTANCE.— 

16 (A) IN GENERAL.—In order to carry out 

17 paragraph (1) on behalf of a State or recipient 

18 of financial assistance under any of sections 

19 266 through 268, the Secretary, after consulta20 tion with the State or grant recipient, may 

21 award grants or enter into contracts or coopera22 tive agreements. 

23 (B) LIMITATION.—Grants or contracts 

24 awarded under paragraph (1) to entities other 

25 than States or local units of government that 


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1 are for amounts in excess of $100,000 shall 

2 only be awarded on a competitive basis. 

3 (b) DISLOCATED WORKER TECHNICAL ASSIST4 ANCE.— 

5 (1) AUTHORITY.—Of the amounts available 

6 pursuant to section 232(a)(2)(A), the Secretary shall 

7 reserve not more than 5 percent of such amounts to 

8 provide technical assistance to States that do not 

9 meet the State performance accountability measures 

10 described in section 131(b)(2)(A)(i) with respect to 

11 employment and training activities for dislocated 

12 workers. Using such reserved funds, the Secretary 

13 may provide such assistance to other States, local 

14 areas, and other entities involved in providing assist15 ance to dislocated workers, to promote the contin16 uous improvement of assistance provided to dis17 located workers, under this title. 

18 (2) TRAINING.—Amounts reserved under this 

19 subsection may be used to provide for the training 

20 of staff, including specialists, who provide rapid re21 sponse services. Such training shall include instruc22 tion in proven methods of promoting, establishing, 

23 and assisting labor-management committees. Such 

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1 ment and Training Administration of the Depart2 ment. 

3 (c) PROMISING AND PROVEN PRACTICES COORDINA4 TION.—Consistent with the identification and dissemina5 tion of promising and proven practices under subtitle C 

6 of title I, the Secretary shall— 

7 (1) establish a system through which States 

8 may share information regarding promising and 

9 proven practices with regard to the operation of 

10 workforce investment activities under this Act; 

11 (2) evaluate and disseminate information re12 garding such promising and proven practices and 

13 identify knowledge gaps; and 

14 (3) commission research under section 270(b) 

15 to address knowledge gaps identified under para16 graph (2). 

17 SEC. 270. EVALUATIONS AND RESEARCH. 

18 (a) EVALUATIONS.— 

19 (1) EVALUATIONS OF PROGRAMS AND ACTIVI20 TIES CARRIED OUT UNDER THIS TITLE AND TITLE

21 I.—For the purpose of improving the management 

22 and effectiveness of programs and activities carried 

23 out under this title and title I, the Secretary shall 

24 provide for the continuing evaluation of the pro25 grams and activities, including those programs and 


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1 activities carried out under this section. Each such 

2 evaluation shall address— 

3 (A) the general effectiveness of such pro4 grams and activities in relation to their cost, in5 cluding the extent to which the programs and 

6 activities— 

7 (i) improve the employment com8 petencies of participants in comparison to 

9 comparably situated individuals who did 

10 not participate in such programs and ac11 tivities; and 

12 (ii) to the extent feasible, increase the 

13 level of total employment over the level 

14 that would have existed in the absence of 

15 such programs and activities; 

16 (B) the effectiveness of the performance 

17 accountability measures relating to such pro18 grams and activities; 

19 (C) the effectiveness of the structure and 

20 mechanisms for delivery of services through 

21 such programs and activities, including the co22 ordination and integration of services through 

23 such programs and activities; 


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1 (D) the impact of such programs and ac2 tivities on the community and participants in3 volved; 

4 (E) the impact of such programs and ac5 tivities on related programs and activities; 

6 (F) the extent to which such programs and 

7 activities meet the needs of various demo8 graphic groups; and 

9 (G) such other factors as may be appro10 priate. 

11 (2) EVALUATIONS OF OTHER PROGRAMS AND

12 ACTIVITIES.—The Secretary may conduct evalua13 tions of other federally funded employment-related 

14 programs and activities under other provisions of 

15 law. 

16 (3) TECHNIQUES.—Evaluations conducted 

17 under this subsection shall utilize appropriate meth18 odology and research designs, including the use of 

19 control groups chosen by scientific random assign20 ment methodologies. The Secretary shall conduct at 

21 least 1 multisite control group evaluation under this 

22 subsection by the end of fiscal year 2018. 

23 (4) REPORTS.—The entity carrying out an eval24 uation described in paragraph (1) or (2) shall pre25 pare and submit to the Secretary a draft report and 


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1 a final report containing the results of the evalua2 tion. 

3 (5) REPORTS TO CONGRESS.—Not later than 

4 30 days after the completion of a draft report under 

5 paragraph (4), the Secretary shall transmit the draft 

6 report to the Committee on Education and the 

7 Workforce of the House of Representatives and the 

8 Committee on Health, Education, Labor, and Pen9 sions of the Senate. Not later than 60 days after the 

10 completion of a final report under such paragraph, 

11 the Secretary shall transmit the final report to such 

12 committees of the Congress. 

13 (6) PUBLICATION OF REPORTS.—If an entity 

14 that enters into a contract or other arrangement 

15 with the Secretary to conduct an evaluation of a pro16 gram or activity under this subsection requests per17 mission from the Secretary to publish a report re18 sulting from the evaluation, such entity may publish 

19 the report unless the Secretary denies the request 

20 during the 90-day period beginning on the date the 

21 Secretary receives such request. 

22 (7) COORDINATION.—The Secretary shall en23 sure the coordination of evaluations carried out by 

24 States pursuant to section 131(e) with the evalua25 tions carried out under this subsection. 


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1 (b) RESEARCH, STUDIES, AND MULTISTATE

2 PROJECTS.— 

3 (1) IN GENERAL.—After consultation with 

4 States, localities, and other interested parties, the 

5 Secretary shall, every 2 years, publish in the Federal 

6 Register, a plan that describes the research, studies, 

7 and multistate project priorities of the Department 

8 of Labor concerning employment and training for 

9 the 5-year period following the submission of the 

10 plan. The plan shall be consistent with the purposes 

11 of this title and title I, including the purpose of 

12 aligning and coordinating core programs with other 

13 one-stop partner programs. Copies of the plan shall 

14 be transmitted to the Committee on Education and 

15 the Workforce of the House of Representatives, the 

16 Committee on Health, Education, Labor, and Pen17 sions of the Senate, the Department of Education, 

18 and other relevant Federal agencies. 

19 (2) FACTORS.—The plan published under para20 graph (1) shall contain strategies to address national 

21 employment and training problems and take into ac22 count factors such as— 

23 (A) the availability of existing research (as 

24 of the date of the publication); 


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1 (B) the need to ensure results that have 

2 interstate validity; 

3 (C) the benefits of economies of scale and 

4 the efficiency of proposed projects; and 

5 (D) the likelihood that the results of the 

6 projects will be useful to policymakers and 

7 stakeholders in addressing employment and 

8 training problems. 

9 (3) RESEARCH PROJECTS.—The Secretary 

10 shall, through grants or contracts, carry out re11 search projects that will contribute to the solution of 

12 employment and training problems in the United 

13 States and that are consistent with the priorities 

14 specified in the plan published under subsection (a). 

15 (4) STUDIES AND REPORTS.— 

16 (A) NET IMPACT STUDIES AND RE17 PORTS.— 

18 (i) IN GENERAL.—The Secretary of 

19 Labor, in coordination with the Secretary 

20 of Education and other relevant Federal 

21 agencies, may conduct studies to determine 

22 the net impact and best practices of pro23 grams, services, and activities carried out 

24 under this Act. 


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1 (ii) REPORTS.—The Secretary shall 

2 prepare and disseminate to the public, in3 cluding through electronic means, reports 

4 containing the results of the studies con5 ducted under clause (i). 

6 (B) STUDY ON RESOURCES AVAILABLE TO

7 ASSIST DISCONNECTED YOUTH.—The Secretary 

8 of Labor, in coordination with the Secretary of 

9 Education, may conduct a study examining— 

10 (i) the characteristics of eligible youth 

11 that result in such youth being signifi12 cantly disconnected from education and 

13 workforce participation; 

14 (ii) the ways in which such youth 

15 could have greater opportunities for edu16 cation attainment and obtaining employ17 ment; and 

18 (iii) the resources available at the 

19 Federal, State, and local levels to assist 

20 such youth in obtaining the skills (includ21 ing skills acquired through workforce prep22 aration activities), credentials, and work 

23 experience necessary to become economi24 cally self-sufficient. 


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1 (C) STUDY OF EFFECTIVENESS OF WORK2 FORCE DEVELOPMENT SYSTEM IN MEETING

3 BUSINESS NEEDS.— 

4 (i) IN GENERAL.—Using funds avail5 able to carry out this subsection jointly 

6 with funds available to the Secretary of 

7 Commerce, the Administrator of the Small 

8 Business Administration, and the Sec9 retary of Education, the Secretary of 

10 Labor, in coordination with the Secretary 

11 of Commerce, the Administrator of the 

12 Small Business Administration, and the 

13 Secretary of Education, may conduct a 

14 study of the effectiveness of the workforce 

15 development system in meeting the needs 

16 of business, with particular attention to 

17 the needs of small business, including in 

18 assisting workers to obtain the skills need19 ed to utilize emerging technologies. The 

20 study may examine issues such as— 

21 (I) methods for identifying the 

22 workforce needs of businesses and 

23 how the requirements of small busi24 nesses may differ from larger estab25 lishments; 


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1 (II) business satisfaction with the 

2 workforce development system, with 

3 particular emphasis on the satisfac4 tion of small businesses; 

5 (III) the extent to which business 

6 is engaged as a collaborative partner 

7 in the workforce development system, 

8 including— 

9 (aa) the number and per10 centage of members of State 

11 boards and local boards who are 

12 representatives of businesses; and 

13 (bb) the extent to which 

14 State boards, local boards, and 

15 one-stop centers established 

16 under section 221(e) effectively 

17 collaborate with business and in18 dustry leaders in developing 

19 workforce development strategies, 

20 including strategies to identify 

21 high-growth employment oppor22 tunities; 

23 (IV) ways in which the workforce 

24 development system addresses the 

25 changing skill needs of business that 


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1 result from changes in technology and 

2 work processes; 

3 (V) promising practices for serv4 ing small businesses; 

5 (VI) the extent and manner in 

6 which the workforce development sys7 tem uses technology to serve business 

8 and individual needs, and how uses of 

9 technology could enhance the effi10 ciency and effectiveness of the system 

11 in providing services; and 

12 (VII) the extent to which various 

13 segments of the labor force have ac14 cess to and utilize technology to locate 

15 job openings and apply for jobs, and 

16 characteristics of individuals utilizing 

17 such technology (such as age, gender, 

18 race or ethnicity, industry sector, and 

19 occupational group). 

20 (ii) REPORT TO CONGRESS.—If the 

21 Secretary conducts a study under clause 

22 (i), the Secretary shall prepare and submit 

23 to the Committee on Education and the 

24 Workforce of the House of Representatives 

25 and the Committee on Health, Education, 


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1 Labor, and Pensions of the Senate a re2 port containing the results of the study. 

3 Such report shall include any recommenda4 tions the Secretary determines are appro5 priate to include in such report, including 

6 ways to enhance the effectiveness of the 

7 workforce development system in meeting 

8 the needs of business for skilled workers. 

9 (D) STUDY ON PARTICIPANTS ENTERING

10 NONTRADITIONAL OCCUPATIONS.—The Sec11 retary of Labor, in coordination with the Sec12 retary of Education, may conduct a study ex13 amining— 

14 (i) the number and percentage of indi15 viduals who receive employment and train16 ing activities and who enter nontraditional 

17 occupations; 

18 (ii) successful strategies through 

19 which State boards and local boards can 

20 place and support the retention of individ21 uals in nontraditional employment, such as 

22 by providing post-placement assistance to 

23 participants in the form of exit interviews, 

24 mentoring, networking, and leadership de25 velopment; and 


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1 (iii) the degree to which recipients of 

2 employment and training activities are in3 formed of the possibility of, or directed to 

4 begin, training or education needed for en5 trance into nontraditional occupations. 

6 (E) STUDY ON PERFORMANCE INDICA7 TORS.— 

8 (i) IN GENERAL.—The Secretary of 

9 Labor, in coordination with the Secretary 

10 of Education, may conduct studies to de11 termine the feasibility of, and potential 

12 means to replicate, measuring the com13 pensation, including the wages, benefits, 

14 and other incentives provided by an em15 ployer, received by program participants by 

16 using data other than or in addition to 

17 data available through wage records, for 

18 potential use as a performance indicator. 

19 (ii) REPORT.—The Secretary shall 

20 prepare and disseminate to the public, in21 cluding through electronic means, a report 

22 containing the results of any study con23 ducted under this subparagraph. 

24 (F) STUDY ON JOB TRAINING FOR RECIPI25 ENTS OF PUBLIC HOUSING ASSISTANCE.— 


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1 (i) IN GENERAL.—The Secretary of 

2 Labor, in coordination with the Secretary 

3 of Housing and Urban Development, may 

4 conduct studies to assist public housing 

5 authorities to provide, to recipients of pub6 lic housing assistance, job training pro7 grams that successfully upgrade job skills 

8 and employment in, and access to, jobs 

9 with opportunity for advancement and eco10 nomic self-sufficiency for such recipients. 

11 (ii) REPORT.—The Secretary shall 

12 prepare and disseminate to the public, in13 cluding through electronic means, a report 

14 containing the results of any study con15 ducted under this subparagraph. 

16 (G) STUDY ON IMPROVING EMPLOYMENT

17 PROSPECTS FOR OLDER INDIVIDUALS.— 

18 (i) IN GENERAL.—The Secretary of 

19 Labor, in coordination with the Secretary 

20 of Education and the Secretary of Health 

21 and Human Services, may conduct studies 

22 that lead to better design and implementa23 tion of, in conjunction with employers, 

24 local boards or State boards, community 

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1 cation schools, and other organizations, ef2 fective evidence-based strategies to provide 

3 services to workers who are low-income, 

4 low-skilled older individuals that increase 

5 the workers’ skills and employment pros6 pects. 

7 (ii) REPORT.—The Secretary shall 

8 prepare and disseminate to the public, in9 cluding through electronic means, a report 

10 containing the results of any study con11 ducted under this subparagraph. 

12 (H) STUDY ON PRIOR LEARNING.— 

13 (i) IN GENERAL.—The Secretary of 

14 Labor, in coordination with other Secre15 taries, as appropriate, may conduct studies 

16 that, through the convening stakeholders 

17 from the fields of education, workforce, 

18 business, labor, defense, and veterans serv19 ices, and experts in such fields, develop 

20 guidelines for assessing, accounting for, 

21 and utilizing the prior learning of individ22 uals, including dislocated workers and vet23 erans, in order to provide the individuals 

24 with postsecondary educational credit for 

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1 tainment of a recognized postsecondary 

2 credential and employment. 

3 (ii) REPORT.—The Secretary shall 

4 prepare and disseminate to the public, in5 cluding through electronic means, reports 

6 containing the results of the studies con7 ducted. 

8 (5) MULTISTATE PROJECTS.— 

9 (A) AUTHORITY.—The Secretary may, 

10 through grants or contracts, carry out 

11 multistate projects that require demonstrated 

12 expertise that is available at the national level 

13 to effectively disseminate best practices and 

14 models for implementing employment and train15 ing services, address the specialized employment 

16 and training needs of particular service popu17 lations, or address industry-wide skill shortages, 

18 to the extent such projects are consistent with 

19 the priorities specified in the plan published 

20 under paragraph (1). 

21 (B) DESIGN OF GRANTS.—Grants or con22 tracts awarded under this paragraph shall be 

23 designed to obtain information relating to the 

24 provision of services under different economic 

25 conditions or to various demographic groups in 


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1 order to provide guidance at the national and 

2 State levels about how best to administer spe3 cific employment and training services. 

4 (6) LIMITATIONS.— 

5 (A) COMPETITIVE AWARDS.—A grant or 

6 contract awarded for carrying out projects 

7 under this subsection in an amount that ex8 ceeds $100,000 shall be awarded only on a 

9 competitive basis, except that a noncompetitive 

10 award may be made in the case of a project 

11 that is funded jointly with other public or pri12 vate sector entities that provide a substantial 

13 portion of assistance under the grant or con14 tract for the project. 

15 (B) TIME LIMITS.—A grant or contract 

16 shall not be awarded under this subsection to 

17 the same organization for more than 3 consecu18 tive years unless such grant or contract is com19 petitively reevaluated within such period. 

20 (C) PEER REVIEW.— 

21 (i) IN GENERAL.—The Secretary shall 

22 utilize a peer review process— 

23 (I) to review and evaluate all ap24 plications for grants in amounts that 


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1 exceed $500,000 that are submitted 

2 under this section; and 

3 (II) to review and designate ex4 emplary and promising programs 

5 under this section. 

6 (ii) AVAILABILITY OF FUNDS.—The 

7 Secretary is authorized to use funds pro8 vided under this section to carry out peer 

9 review activities under this subparagraph. 

10 (D) PRIORITY.—In awarding grants or 

11 contracts under this subsection, priority shall be 

12 provided to entities with recognized expertise in 

13 the methods, techniques, and knowledge of 

14 workforce investment activities and shall in15 clude appropriate time limits, established by the 

16 Secretary, for the duration of such projects. 

17 (c) DISLOCATED WORKER PROJECTS.—Of the 

18 amount made available pursuant to section 232(a)(2)(A) 

19 for any program year, the Secretary shall use not more 

20 than 10 percent of such amount to carry out demonstra21 tion and pilot projects, multiservice projects, and 

22 multistate projects relating to the employment and train23 ing needs of dislocated workers. Of the requirements of 

24 this section, such projects shall be subject only to the pro25 visions relating to review and evaluation of applications 


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1 under subsection (c)(6)(C). Such projects may include 

2 demonstration and pilot projects relating to promoting 

3 self-employment, promoting job creation, averting disloca4 tions, assisting dislocated farmers, assisting dislocated 

5 fishermen, and promoting public works. Such projects 

6 shall be administered by the Secretary, acting through the 

7 Assistant Secretary of Employment and Training Admin8 istration. 

9 (d) ENERGY EFFICIENCY AND RENEWABLE ENERGY

10 WORKER TRAINING PROGRAM.— 

11 (1) GRANT PROGRAM.— 

12 (A) IN GENERAL.—Not later than 6 

13 months after the date of enactment of the 

14 Green Jobs Act of 2007, the Secretary of 

15 Labor, in consultation with the Secretary of 

16 Energy, shall establish an energy efficiency and 

17 renewable energy worker training program 

18 under which the Secretary of Labor shall carry 

19 out the activities described in paragraph (2) to 

20 achieve the purposes of this subsection. 

21 (B) ELIGIBILITY.—For purposes of pro22 viding assistance and services under the pro23 gram established under this subsection— 


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1 (i) target populations of eligible indi2 viduals to be given priority for training 

3 and other services shall include— 

4 (I) workers impacted by national 

5 energy and environmental policy; 

6 (II) individuals in need of up7 dated training related to the energy 

8 efficiency and renewable energy indus9 tries; 

10 (III) veterans, or past and 

11 present members of reserve compo12 nents of the Armed Forces; 

13 (IV) unemployed individuals; 

14 (V) individuals, including at-risk 

15 youth, seeking employment pathways 

16 out of poverty and into economic self17 sufficiency; and 

18 (VI) formerly incarcerated, adju19 dicated, nonviolent offenders; and 

20 (ii) energy efficiency and renewable 

21 energy industries eligible to participate in 

22 a program under this subsection include— 

23 (I) the energy-efficient building, 

24 construction, and retrofits industries; 


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1 (II) the renewable electric power 

2 industry; 

3 (III) the energy efficient and ad4 vanced drive train vehicle industry; 

5 (IV) the biofuels industry; 

6 (V) the materials use industry; 

7 (VI) the energy efficiency assess8 ment industry serving the residential, 

9 commercial, or industrial sectors; and 

10 (VII) manufacturers that 

11 produce sustainable products using 

12 environmentally sustainable processes 

13 and materials. 

14 (2) ACTIVITIES.— 

15 (A) NATIONAL RESEARCH PROGRAM.— 

16 Under the program established under para17 graph (1), the Secretary, acting through the 

18 Bureau of Labor Statistics, where appropriate, 

19 shall collect and analyze labor market data to 

20 track workforce trends resulting from energy21 related initiatives carried out under this sub22 section. Activities carried out under this sub23 paragraph shall include— 

24 (i) tracking and documentation of 

25 academic and occupational competencies as 


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1 well as future skill needs with respect to 

2 renewable energy and energy efficiency 

3 technology; 

4 (ii) tracking and documentation of oc5 cupational information and workforce 

6 training data with respect to renewable en7 ergy and energy efficiency technology; 

8 (iii) collaborating with State agencies, 

9 workforce investment boards, industry, or10 ganized labor, and community and non11 profit organizations to disseminate infor12 mation on successful strategies for labor 

13 market services and worker training with 

14 respect to renewable energy and energy ef15 ficiency technology; 

16 (iv) serving as a clearinghouse for 

17 best practices in workforce development, 

18 job placement, and collaborative training 

19 partnerships; 

20 (v) encouraging the establishment of 

21 workforce training initiatives with respect 

22 to renewable energy and energy efficiency 

23 technologies; 

24 (vi) linking research and development 

25 in renewable energy and energy efficiency 


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1 technology with the development of stand2 ards and curricula for current and future 

3 jobs; 

4 (vii) assessing new employment and 

5 work practices including career ladder and 

6 upgrade training as well as high perform7 ance work systems; and 

8 (viii) providing technical assistance 

9 and capacity building to national and State 

10 energy partnerships, including industry 

11 and labor representatives. 

12 (B) NATIONAL ENERGY TRAINING PART13 NERSHIP GRANTS.— 

14 (i) IN GENERAL.—Under the program 

15 established under paragraph (1), the Sec16 retary shall award National Energy Train17 ing Partnerships Grants on a competitive 

18 basis to eligible entities to enable such en19 tities to carry out training that leads to 

20 economic self-sufficiency and to develop an 

21 energy efficiency and renewable energy in22 dustries workforce. Grants shall be award23 ed under this subparagraph so as to ensure 

24 geographic diversity with at least 2 grants 

25 awarded to entities located in each of the 


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1 Petroleum Administration for Defense Dis2 tricts with no subdistricts, and at least 1 

3 grant awarded to an entity located in each 

4 of the subdistricts of the Petroleum Ad5 ministration for Defense District with sub6 districts. 

7 (ii) ELIGIBILITY.—To be eligible to 

8 receive a grant under clause (i), an entity 

9 shall be a nonprofit partnership that— 

10 (I) includes the equal participa11 tion of industry, including public or 

12 private employers, and labor organiza13 tions, including joint labor-manage14 ment training programs, and may in15 clude workforce investment boards, 

16 community-based organizations, quali17 fied service and conservation corps, 

18 educational institutions, small busi19 nesses, cooperatives, State and local 

20 veterans agencies, and veterans serv21 ice organizations; and 

22 (II) demonstrates— 

23 (aa) experience in imple24 menting and operating worker 


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1 skills training and education pro2 grams; 

3 (bb) the ability to identify 

4 and involve in training programs 

5 carried out under this grant, tar6 get populations of individuals 

7 who would benefit from training 

8 and be actively involved in activi9 ties related to energy efficiency 

10 and renewable energy industries; 

11 and 

12 (cc) the ability to help indi13 viduals achieve economic self-suf14 ficiency. 

15 (iii) PRIORITY.—Priority shall be 

16 given to partnerships which leverage addi17 tional public and private resources to fund 

18 training programs, including cash or in19 kind matches from participating employers. 

20 (C) STATE LABOR MARKET RESEARCH, IN21 FORMATION, AND LABOR EXCHANGE RESEARCH

22 PROGRAM.— 

23 (i) IN GENERAL.—Under the program 

24 established under paragraph (1), the Sec25 retary shall award competitive grants to 


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1 States to enable such States to administer 

2 labor market and labor exchange informa3 tion programs that include the implemen4 tation of the activities described in clause 

5 (ii), in coordination with the one-stop deliv6 ery system. 

7 (ii) ACTIVITIES.—A State shall use 

8 amounts awarded under a grant under this 

9 subparagraph to provide funding to the 

10 State agency that administers the Wagner11 Peyser Act (29 U.S.C. 49 et seq.) and 

12 State unemployment compensation pro13 grams to carry out the following activities 

14 using State agency merit staff: 

15 (I) The identification of job open16 ings in the renewable energy and en17 ergy efficiency sector. 

18 (II) The administration of skill 

19 and aptitude testing and assessment 

20 for workers. 

21 (III) The counseling, career plan22 ning, and referral of qualified job 

23 seekers to openings and training pro24 grams, including energy efficiency and 

25 renewable energy training programs. 


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1 (D) STATE ENERGY TRAINING PARTNER2 SHIP PROGRAM.— 

3 (i) IN GENERAL.—Under the program 

4 established under paragraph (1), the Sec5 retary shall award competitive grants to 

6 States to enable such States to administer 

7 renewable energy and energy efficiency 

8 workforce development programs that in9 clude the implementation of the activities 

10 described in clause (ii). 

11 (ii) PARTNERSHIPS.—A State shall 

12 use amounts awarded under a grant under 

13 this subparagraph to award competitive 

14 grants to eligible State Energy Sector 

15 Partnerships to enable such Partnerships 

16 to coordinate with existing apprenticeship 

17 and labor management training programs 

18 and implement training programs that lead 

19 to the economic self-sufficiency of trainees. 

20 (iii) ELIGIBILITY.—To be eligible to 

21 receive a grant under this subparagraph, a 

22 State Energy Sector Partnership shall— 

23 (I) consist of nonprofit organiza24 tions that include equal participation 

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1 vate nonprofit employers, and labor 

2 organizations, including joint labor3 management training programs, and 

4 may include representatives from local 

5 governments, the workforce develop6 ment system (including one-stop cen7 ters), community-based organizations, 

8 qualified service and conservation 

9 corps, community colleges and other 

10 institutions of higher education, small 

11 businesses, cooperatives, State and 

12 local veterans agencies, and veterans 

13 service organizations; 

14 (II) demonstrate experience in 

15 implementing and operating worker 

16 skills training and education pro17 grams; and 

18 (III) demonstrate the ability to 

19 identify and involve in training pro20 grams, target populations of workers 

21 who would benefit from training and 

22 be actively involved in activities re23 lated to energy efficiency and renew24 able energy industries. 


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1 (iv) PRIORITY.—In awarding grants 

2 under this subparagraph, the Secretary 

3 shall give priority to States that dem4 onstrate that activities under the grant— 

5 (I) meet national energy policies 

6 associated with energy efficiency, re7 newable energy, and the reduction of 

8 emissions of greenhouse gases; 

9 (II) meet State energy policies 

10 associated with energy efficiency, re11 newable energy, and the reduction of 

12 emissions of greenhouse gases; and 

13 (III) leverage additional public 

14 and private resources to fund training 

15 programs, including cash or in-kind 

16 matches from participating employers. 

17 (v) COORDINATION.—A grantee under 

18 this subparagraph shall coordinate activi19 ties carried out under the grant with exist20 ing other appropriate training programs, 

21 including apprenticeship and labor man22 agement training programs and activities 

23 (including such activities referenced in 

24 paragraph (3)(A)), and implement training 


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1 programs that lead to the economic self2 sufficiency of trainees. 

3 (E) PATHWAYS OUT OF POVERTY DEM4 ONSTRATION PROGRAM.— 

5 (i) IN GENERAL.—Under the program 

6 established under paragraph (1), the Sec7 retary shall award competitive grants of 

8 sufficient size to eligible entities to enable 

9 such entities to carry out training that 

10 leads to economic self-sufficiency. The Sec11 retary shall give priority to entities that 

12 serve individuals in families with income of 

13 less than 200 percent of the economic self14 sufficiency standard for the local areas 

15 where the training is conducted that speci16 fies, as defined by the State, or where such 

17 standard is not established, the income 

18 needs of families, by family size, the num19 ber and ages of children in the family, and 

20 sub-State geographical considerations. 

21 Grants shall be awarded to ensure geo22 graphic diversity. 

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1 graph, an entity shall be a partnership 

2 that— 

3 (I) includes— 

4 (aa) a State board or local 

5 board; 

6 (bb) community-based non7 profit organizations; 

8 (cc) educational institutions 

9 with expertise in serving low-in10 come adults or youth; 

11 (dd) public or private em12 ployers from the industry sectors 

13 described in paragraph (1)(B)(ii); 

14 and 

15 (ee) labor organizations rep16 resenting workers in such indus17 try sectors; 

18 (II) demonstrates a record of 

19 successful experience in implementing 

20 and operating worker skills training 

21 and education programs; 

22 (III) coordinates activities, where 

23 appropriate, with the workforce devel24 opment system; and 


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1 (IV) demonstrates the ability to 

2 recruit individuals for training and to 

3 support such individuals to successful 

4 completion in training programs car5 ried out under this grant, targeting 

6 populations of workers who are or will 

7 be engaged in activities related to en8 ergy efficiency and renewable energy 

9 industries. 

10 (iii) PRIORITIES.—In awarding grants 

11 under this subparagraph, the Secretary 

12 shall give priority to applicants that— 

13 (I) target programs to benefit 

14 low-income workers, unemployed 

15 youth and adults, school dropouts, or 

16 other underserved sectors of the work17 force within areas of high poverty; 

18 (II) ensure that supportive serv19 ices are integrated with education and 

20 training, and delivered by organiza21 tions with direct access to and experi22 ence with targeted populations; 

23 (III) leverage additional public 

24 and private resources to fund training 


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1 programs, including cash or in-kind 

2 matches from participating employers; 

3 (IV) involve employers and labor 

4 organizations in the determination of 

5 relevant skills and competencies and 

6 ensure that the certificates or creden7 tials that result from the training are 

8 recognized postsecondary credentials; 

9 (V) deliver courses at alternative 

10 times (such as evening and weekend 

11 programs) and locations most conven12 ient and accessible to participants and 

13 link adult remedial education with oc14 cupational skills training; and 

15 (VI) demonstrate substantial ex16 perience in administering Federal, 

17 State, local, municipal, foundation, or 

18 private entity grants. 

19 (iv) DATA COLLECTION.—A grantee 

20 under this subparagraph shall collect and 

21 report the following information with re22 spect to the program carried out under the 

23 grant: 

24 (I) The number of participants. 


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1 (II) The demographic character2 istics of participants, including race, 

3 gender, age, parenting status, partici4 pation in other Federal programs, 

5 education and literacy level at entry, 

6 and other characteristics that are sig7 nificant barriers to employment (such 

8 as being an English language learner 

9 or having a criminal record, addiction 

10 or mental health problem requiring 

11 treatment, or intellectual disability). 

12 (III) The services received by 

13 participants, including training, edu14 cation, and supportive services. 

15 (IV) The amount of program 

16 spending per participant. 

17 (V) Program completion rates. 

18 (VI) Factors determined as sig19 nificantly interfering with program 

20 participation or completion. 

21 (VII) The rate of job placement 

22 and the rate of employment retention 

23 after 1 year. 

24 (VIII) The average wage at 

25 placement, including any benefits, and 


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1 the rate of average wage increase 

2 after 1 year. 

3 (IX) Any post-employment sup4 portive services provided. 

5 The Secretary shall assist grantees in the 

6 collection of data under this clause by 

7 making available, where practicable, low8 cost means of tracking the labor market 

9 outcomes of participants, and by providing 

10 standardized reporting forms, where appro11 priate. 

12 (3) ACTIVITIES.— 

13 (A) IN GENERAL.—Activities to be carried 

14 out under a program authorized by subpara15 graph (B), (D), or (E) of paragraph (2) shall 

16 be coordinated with existing systems or pro17 viders, as appropriate. Such activities may in18 clude— 

19 (i) occupational skills training, includ20 ing curriculum development, on-the-job 

21 training, and classroom training; 

22 (ii) safety and health training; 

23 (iii) the provision of— 

24 (I) adult education and literary 

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1 guage instruction, or job readiness 

2 training; or 

3 (II) training leading to the at4 tainment of the recognized equivalent 

5 of a secondary school diploma; 

6 (iv) individual referral and tuition as7 sistance for a community college training 

8 program, or any training program leading 

9 to an industry-recognized certificate; 

10 (v) internship programs in fields re11 lated to energy efficiency and renewable 

12 energy; 

13 (vi) customized training in conjunc14 tion with an existing apprenticeship pro15 gram or labor-management partnership; 

16 (vii) incumbent worker and career lad17 der training and skill upgrading and re18 training; 

19 (viii) the implementation of transi20 tional jobs strategies; and 

21 (ix) the provision of supportive serv22 ices. 

23 (B) OUTREACH ACTIVITIES.—In addition 

24 to the activities authorized under subparagraph 

25 (A), activities authorized for programs under 


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1 subparagraph (E) of paragraph (2) may include 

2 the provision of outreach, recruitment, career 

3 guidance, and career planning services. 

4 (4) WORKER PROTECTIONS AND NON5 DISCRIMINATION REQUIREMENTS.— 

6 (A) APPLICATION OF WIA.—The provisions 

7 of sections 281 and 288 shall apply to all pro8 grams carried out with assistance under this 

9 subsection. 

10 (B) CONSULTATION WITH LABOR ORGANI11 ZATIONS.—If a labor organization represents a 

12 substantial number of workers who are engaged 

13 in similar work or training in an area that is 

14 the same as the area that is proposed to be 

15 funded under this subsection the labor organi16 zation shall be provided an opportunity to be 

17 consulted and to submit comments in regard to 

18 such a proposal. 

19 (5) PERFORMANCE ACCOUNTABILITY MEAS20 URES.— 

21 (A) IN GENERAL.—The Secretary shall ne22 gotiate and reach agreement with the eligible 

23 entities that receive grants and assistance 

24 under this subsection on performance account25 ability measures that will be used to evaluate 


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1 the performance of the eligible entity in car2 rying out the activities described in paragraph 

3 (2). Such performance accountability measures 

4 shall consist of indicators of performance (in5 cluding the primary indicators of performance 

6 described in section 131(b)(2)(A)), and an ex7 pected level of performance described in sub8 paragraph (B) for each indicator of perform9 ance. 

10 (B) LEVELS OF PERFORMANCE.—The Sec11 retary shall negotiate and reach agreement with 

12 the eligible entity regarding the levels of per13 formance expected to be achieved by the eligible 

14 entity on the indicators of performance. 

15 (6) REPORT.— 

16 (A) STATUS REPORT.—Not later than 18 

17 months after the date of enactment of the 

18 Green Jobs Act of 2007, the Secretary shall 

19 transmit a report to the Committee on Edu20 cation and the Workforce and the Committee 

21 on Energy and Commerce of the House of Rep22 resentatives, and the Committee on Energy and 

23 Natural Resources and the Committee on 

24 Health, Education, Labor, and Pensions of the 

25 Senate, on the training program established 


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1 under this subsection. The report shall include 

2 a description of the entities receiving funding 

3 and the activities carried out by such entities. 

4 (B) EVALUATION.—Not later than 3 years 

5 after the date of enactment of such Act, the 

6 Secretary shall transmit to the Committee on 

7 Education and the Workforce and the Com8 mittee on Energy and Commerce of the House 

9 of Representatives, and the Committee on En10 ergy and Natural Resources and the Committee 

11 on Health, Education, Labor, and Pensions of 

12 the Senate, an assessment of such program and 

13 an evaluation of the activities carried out by en14 tities receiving funding from such program. 

15 (7) DEFINITION.—As used in this subsection, 

16 the term ‘‘renewable energy’’ has the meaning given 

17 such term in section 203(b)(2) of the Energy Policy 

18 Act of 2005 (42 U.S.C. 15852). 

19 (8) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection, $125,000,000 for each fiscal year, of 

22 which— 

23 (A) not to exceed 20 percent of the amount 

24 appropriated in each such fiscal year shall be 

25 made available for, and shall be equally divided 


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1 between, national labor market research and in2 formation under paragraph (2)(A) and State 

3 labor market information and labor exchange 

4 research under paragraph (2)(C), and not more 

5 than 2 percent of such amount shall be for the 

6 evaluation and report required under paragraph 

7 (6); 

8 (B) 20 percent shall be dedicated to Path9 ways Out of Poverty Demonstration Programs 

10 under paragraph (2)(E); and 

11 (C) the remainder shall be divided equally 

12 between National Energy Partnership Training 

13 Grants under paragraph (2)(B) and State en14 ergy training partnership grants under para15 graph (2)(D). 

16 (e) INTEGRATED WORKFORCE TRAINING PROGRAMS

17 FOR ADULTS WHO ARE ENGLISH LANGUAGE LEARN18 ERS.— 

19 (1) DEFINITIONS.—In this subsection: 

20 (A) INTEGRATED WORKFORCE TRAIN21 ING.—The term ‘‘integrated workforce train22 ing’’ means training that integrates occupa23 tional skills training with English language ac24 quisition. 


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1 (B) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Labor, in consultation 

3 with the Secretary of Education. 

4 (2) DEMONSTRATION PROJECT.—From funds 

5 appropriated pursuant to paragraph (11), the Sec6 retary shall establish and implement a national dem7 onstration project that is designed to both analyze 

8 and provide data on workforce training programs 

9 that integrate English language acquisition and oc10 cupational training. 

11 (3) GRANTS.— 

12 (A) IN GENERAL.—In carrying out the 

13 demonstration project under this subsection, 

14 the Secretary shall make not less than 10 

15 grants, on a competitive basis, to eligible enti16 ties to provide the integrated workforce training 

17 programs. In awarding grants under this sub18 section, the Secretary shall take into consider19 ation awarding grants to eligible entities from 

20 diverse geographic areas, including rural areas. 

21 (B) PERIODS.—The Secretary shall award 

22 a grant under this subsection for a period of 

23 not less than 24 months and not more than 48 

24 months. 

25 (4) ELIGIBLE ENTITIES.— 


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1 (A) IN GENERAL.—To be eligible to receive 

2 a grant under this subsection, an eligible entity 

3 shall work in partnership with a local board and 

4 shall include as a principal participant 1 or 

5 more of the following: 

6 (i) An employer or employer associa7 tion. 

8 (ii) A nonprofit provider of English 

9 language instruction. 

10 (iii) A provider of occupational or 

11 skills training. 

12 (iv) A community-based organization. 

13 (v) An institution of higher education, 

14 including a 2-year or 4-year degree-grant15 ing institution of higher education, or a 

16 postsecondary vocational institution, as de17 fined in section 102(c) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1002(c)). 

19 (vi) A labor organization. 

20 (B) EXPERTISE.—To be eligible to receive 

21 a grant under this subsection, an eligible entity 

22 shall have proven expertise in— 

23 (i) serving individuals who are English 

24 language learners, including individuals 


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1 with lower levels of oral and written 

2 English; and 

3 (ii) providing workforce programs 

4 with training and English language in5 struction. 

6 (5) APPLICATIONS.— 

7 (A) IN GENERAL.—To be eligible to receive 

8 a grant under this subsection, an eligible entity 

9 shall submit an application to the Secretary at 

10 such time, in such manner, and containing such 

11 information as the Secretary may require. 

12 (B) CONTENTS.—Each application sub13 mitted under subparagraph (A) shall— 

14 (i) contain information, including ca15 pability statements, that demonstrates that 

16 the eligible entity has the expertise de17 scribed in paragraph (4)(B); and 

18 (ii) include an assurance that the pro19 gram to be assisted will— 

20 (I) establish a generalized adult 

21 bilingual workforce training and edu22 cation model that integrates English 

23 language acquisition and occupational 

24 training, and incorporates the unique 


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1 linguistic and cultural factors of the 

2 participants; 

3 (II) establish a framework by 

4 which the employer, employee, and 

5 relevant members of the eligible entity 

6 can create a career development and 

7 training plan that assists both the em8 ployer and the employee to meet their 

9 long-term needs; 

10 (III) ensure that the framework 

11 established under subclause (II) takes 

12 into consideration the knowledge, 

13 skills, and abilities of the employee 

14 with respect to both the current eco15 nomic conditions of the employer and 

16 the future labor market conditions rel17 evant to the local area; and 

18 (IV) establish identifiable per19 formance accountability measures that 

20 include the primary indicators of per21 formance described in section 

22 131(b)(2)(A)(i), so that the progress 

23 of the employee and employer and the 

24 relative efficacy of the program can be 


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1 evaluated and best practices identi2 fied. 

3 (6) CRITERIA.—The Secretary shall establish 

4 criteria for awarding grants under this subsection. 

5 (7) INTEGRATED WORKFORCE TRAINING PRO6 GRAMS.— 

7 (A) PROGRAM COMPONENTS.— 

8 (i) REQUIRED COMPONENTS.—Each 

9 program that receives funding under this 

10 subsection shall— 

11 (I) test an individual’s English 

12 language proficiency levels to assess 

13 oral and literacy gains from entry into 

14 the program and throughout program 

15 enrollment; 

16 (II) combine training specific to 

17 a particular occupation or occupa18 tional cluster with— 

19 (aa) English language in20 struction, such as instruction 

21 through an English as a Second 

22 Language program or an English 

23 for Speakers of Other Languages 

24 program; 


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1 (bb) basic skills instruction; 

2 and 

3 (cc) supportive services; 

4 (III) effectively integrate public 

5 and private sector entities, including 

6 the local workforce development sys7 tem and its functions, to achieve the 

8 goals of the program; and 

9 (IV) provide from private or non10 profit sources a matching amount, in 

11 cash or in-kind, to carry out the ac12 tivities supported by the grant. 

13 (ii) PERMISSIBLE COMPONENTS.—The 

14 program may offer other services as nec15 essary to promote successful participation 

16 and completion of the program, including 

17 work-based learning, substance abuse 

18 treatment, and mental health services. 

19 (B) GOAL.—Each program that receives 

20 funding under this subsection shall be designed 

21 to prepare adults who are English language 

22 learners for, and place such adults in, employ23 ment in growing industries with identifiable ca24 reer pathways that lead to economic self-suffi25 ciency. 


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1 (C) PROGRAM TYPES.—In selecting pro2 grams to receive funding under this subsection, 

3 the Secretary shall select programs that meet 

4 the requirements of 1 or more of the following 

5 clauses: 

6 (i) A program— 

7 (I) that serves unemployed 

8 English language learners with signifi9 cant work experience or substantial 

10 education whose previous employment 

11 provided persistently low wages; and 

12 (II) that aims to prepare such in13 dividuals for, and place such individ14 uals in, higher-paying employment de15 fined for purposes of this subpara16 graph as employment that provides at 

17 least 75 percent of the median wage 

18 in the local area. 

19 (ii) A program— 

20 (I) that serves English language 

21 learners with lower levels of oral and 

22 written fluency, who are working at 

23 persistently low wages; and 

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1 uals in, higher paying employment 

2 through services provided at the work3 site, or at a location central to several 

4 worksites, during work hours. 

5 (iii) A program— 

6 (I) that serves unemployed 

7 English language learners with lower 

8 levels of oral and written fluency, who 

9 have little or no work experience; and 

10 (II) that aims to prepare such in11 dividuals for, and place such individ12 uals in, employment through services 

13 that include subsidized employment, 

14 in addition to the components re15 quired under subparagraph (A)(i). 

16 (D) PROGRAM APPROACHES.— 

17 (i) IN GENERAL.—In selecting pro18 grams to receive funding under this sub19 section, the Secretary shall select programs 

20 with different approaches to integrated 

21 workforce training and that are provided in 

22 different contexts, in order to— 

23 (I) obtain comparative data on 

24 multiple approaches to integrated 


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1 workforce training and English lan2 guage instruction; 

3 (II) ensure programs are tailored 

4 to characteristics of individuals with 

5 varying skill levels; and 

6 (III) assess how different cur7 ricula work for English language 

8 learner populations. 

9 (ii) TYPES OF APPROACHES.—The dif10 ferent types of approaches described in 

11 clause (i) may include— 

12 (I) bilingual programs in which 

13 the workplace language component 

14 and the training are conducted in a 

15 combination of an individual’s native 

16 language and English; 

17 (II) integrated workforce training 

18 programs that combine basic skills, 

19 language instruction, and job specific 

20 skills training; or 

21 (III) sequential programs that 

22 provide a progression of skills, lan23 guage, and training to ensure success 

24 upon an individual’s completion of the 

25 program. 


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1 (8) EVALUATION BY ELIGIBLE ENTITY.—Each 

2 eligible entity that receives a grant under this sub3 section shall carry out a continuous evaluation of the 

4 program funded under the grant and an evaluation 

5 specific to the last phase of the program operations. 

6 (9) EVALUATION BY SECRETARY.— 

7 (A) IN GENERAL.—The Secretary shall 

8 conduct an evaluation of program impacts of 

9 the programs funded under the demonstration 

10 project, using an impact study with a random 

11 assignment experimental design at each work12 site at which such a program is carried out. 

13 (B) DATA COLLECTION AND ANALYSIS.— 

14 The Secretary shall collect and analyze the data 

15 from the demonstration project under this sub16 section to determine the effectiveness of the 

17 project, including project participants’ gains in 

18 language proficiency, acquisition of skills, and 

19 job advancement. 

20 (C) REPORT.—The Secretary shall prepare 

21 and submit to the Committee on Education and 

22 the Workforce of the House of Representatives, 

23 and the Committee on Health, Education, 

24 Labor, and Pensions of the Senate and make 

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1 onstration projects supported under this sub2 section, including the results of the evaluation. 

3 (10) TECHNICAL ASSISTANCE.—The Secretary 

4 shall provide technical assistance to recipients of 

5 grants under this subsection throughout the grant 

6 period. 

7 (f) COMMUNITY-BASED JOB TRAINING.— 

8 (1) DEFINITIONS.—In this subsection: 

9 (A) COMMUNITY COLLEGE.—The term 

10 ‘‘community college’’ means— 

11 (i) an institution of higher education, 

12 as defined in section 101 of the Higher 

13 Education Act of 1965 (20 U.S.C. 1001), 

14 that provides a 2-year degree that is ac15 ceptable for full credit toward a bacca16 laureate degree; or 

17 (ii) a tribally controlled college or uni18 versity, as defined in section 2 of the Trib19 ally Controlled Colleges and Universities 

20 Assistance Act of 1978 (25 U.S.C. 1801). 

21 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

22 entity’’ means a partnership between a local 

23 board and a community college, a consortium of 

24 community colleges, or a consortium composed 

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1 tions of higher education, that is working 

2 with— 

3 (i) a business or consortium of busi4 nesses in the in-demand industry sector, as 

5 identified in the application of the entity, 

6 or an industry association in the in-de7 mand industry sector; and 

8 (ii) an economic development entity 

9 with expertise relevant to the qualified in10 dustry. 

11 (C) INSTITUTION OF HIGHER EDU12 CATION.—Except as otherwise provided in sub13 paragraph (A)(i), the term ‘‘institution of high14 er education’’ has the meaning given the term 

15 in section 101 of the Higher Education Act of 

16 1965 (20 U.S.C. 1001) and the meaning given 

17 the term ‘‘postsecondary vocational institution’’ 

18 in section 102(c) of such Act (20 U.S.C. 

19 1002(c)). 

20 (2) DEMONSTRATION PROJECT.—In addition to 

21 the demonstration projects authorized under sub22 section (c), the Secretary, in collaboration with the 

23 Secretary of Education, may establish and imple24 ment a national demonstration project designed— 


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1 (A) to develop local innovative solutions to 

2 the workforce challenges facing in-demand in3 dustry sectors with labor shortages; and 

4 (B) to increase employment opportunities 

5 for workers by establishing partnerships among 

6 education entities, State workforce development 

7 systems, and businesses in in-demand industry 

8 sectors. 

9 (3) GRANTS.— 

10 (A) GRANTS AUTHORIZED.—In carrying 

11 out the national demonstration project author12 ized under this subsection, the Secretary shall 

13 award grants, on a competitive basis, to eligible 

14 entities to enable the eligible entities to carry 

15 out activities described in paragraph (6). 

16 (B) REQUIREMENTS.—Grants awarded 

17 under this subsection shall be for a period of 2, 

18 3, or 4 years and shall be awarded in accord19 ance with generally applicable Federal require20 ments. 

21 (4) APPLICATIONS.—To be eligible to receive a 

22 grant under this subsection, an eligible entity shall 

23 submit an application to the Secretary at such time, 

24 in such manner, and containing such information as 

25 the Secretary may require, including— 


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1 (A) a description of the entity that will 

2 offer training under the grant; 

3 (B) a justification of the need for funding 

4 under the grant to create a program to carry 

5 out the activities described in paragraph (6); 

6 (C) an economic analysis of the local labor 

7 market to identify— 

8 (i) in-demand industry sectors and oc9 cupations; 

10 (ii) the workforce issues faced by such 

11 industries; and 

12 (iii) potential participants in programs 

13 funded under this subsection; 

14 (D) a description of the in-demand indus15 try sector for which the training will occur, the 

16 availability of competencies on which the train17 ing will be based, and how the grant will help 

18 workers acquire the competencies and skills 

19 necessary for employment in the industry; 

20 (E) a description of the involvement of the 

21 local board and businesses (including small 

22 businesses) in the geographic area where the 

23 proposed activities under the grant will be im24 plemented; 


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1 (F) performance accountability measures 

2 for the activities funded under the grant that 

3 include the primary indicators of performance 

4 described in section 131(b)(2)(A)(i), and other 

5 appropriate indicators, including indicators re6 lating to the impact of business partners; 

7 (G) a description of how the activities 

8 funded by the grant will be coordinated with ac9 tivities provided through the one-stop center in 

10 the local area; and 

11 (H) a description of the local or private re12 sources that will— 

13 (i) support the activities carried out 

14 under this subsection; and 

15 (ii) enable the entity to carry out and 

16 expand such activities after the end of the 

17 grant. 

18 (5) FACTORS FOR AWARD OF GRANT.— 

19 (A) IN GENERAL.—In awarding grants 

20 under this subsection, the Secretary shall con21 sider— 

22 (i) the extent to which the activities to 

23 be carried out under the grant and the 

24 grant application align with the local plan 

25 for the area to be served; 


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1 (ii) the extent of public and private 

2 collaboration evidenced in the application, 

3 including existing partnerships as of the 

4 time of the application among the in-de5 mand industry sectors, the eligible entity, 

6 and the public workforce development sys7 tem; 

8 (iii) the extent to which the grant will 

9 provide job seekers with high-quality train10 ing for employment in in-demand occupa11 tions; 

12 (iv) the extent to which the grant will 

13 expand the eligible entity and the capacity 

14 of the local one-stop center established 

15 under section 221(e) to be demand-driven 

16 and responsive to local economic needs; 

17 (v) the extent to which local busi18 nesses commit to hire, retain, or advance 

19 individuals who receive training through 

20 the grant; and 

21 (vi) the extent to which the eligible 

22 entity commits to make any newly devel23 oped products, such as skill standards, as24 sessments, or industry-recognized training 


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1 curricula, available for dissemination na2 tionally. 

3 (B) LEVERAGING OF RESOURCES.—In 

4 awarding grants under this subsection, the Sec5 retary shall also consider— 

6 (i) the extent to which local or private 

7 resources will be made available to support 

8 the activities carried out under this sub9 section, taking into account the resources 

10 of the eligible entity and the entity’s part11 ners; and 

12 (ii) the ability of an eligible entity to 

13 continue to carry out and expand such ac14 tivities after the end of the grant. 

15 (C) DISTRIBUTION OF GRANTS.—In 

16 awarding grants under this subsection, the Sec17 retary shall ensure an equitable distribution of 

18 such grants across diverse industries and geo19 graphic areas. 

20 (6) USE OF FUNDS.— 

21 (A) MANDATORY USES OF FUNDS.—An eli22 gible entity that receives a grant under this 

23 subsection shall use the grant funds for all of 

24 the following: 


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1 (i) The development of rigorous train2 ing and education programs leading to a 

3 recognized postsecondary credential and 

4 employment in the in-demand industry sec5 tor, including programs that are work6 based and incorporate other earn-and-learn 

7 strategies. The community college that is a 

8 part of the eligible entity shall develop 

9 such programs, in collaboration with other 

10 partners identified in the application, and 

11 if applicable, other representatives of quali12 fied industries. 

13 (ii) Training adults, incumbent work14 ers, dislocated workers, or out-of-school 

15 youth in the skills and competencies need16 ed to obtain or upgrade employment in an 

17 in-demand industry sector identified in the 

18 eligible entity’s application. 

19 (B) OPTIONAL USES OF FUNDS.—An eligi20 ble entity that receives a grant under this sub21 section may use the grant funds for— 

22 (i) disseminating information on 

23 training available for in-demand occupa24 tions in in-demand industry sectors, in25 cluding training available through the 


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1 grant through the one-stop delivery system 

2 to prospective participants, businesses, 

3 business intermediaries, and community4 based organizations in the region; 

5 (ii) referring individuals trained under 

6 the grant for employment in in-demand in7 dustry sectors; 

8 (iii) enhancing the integration of com9 munity colleges, training and education 

10 with businesses, and the one-stop delivery 

11 system in the local area to meet the train12 ing needs of in-demand industry sectors 

13 for new and incumbent workers; 

14 (iv) providing training and relevant 

15 job skills to small business owners or oper16 ators to facilitate small business develop17 ment in in-demand industry sectors; or 

18 (v) expanding or creating programs 

19 for distance, evening, weekend, modular, or 

20 compressed learning opportunities that 

21 provide training and relevant job skills for 

22 high-growth, in-demand occupations. 

23 (7) AUTHORITY TO REQUIRE NON-FEDERAL

24 SHARE.—The Secretary may require that recipients 

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1 eral share, from either cash or in-kind resources 

2 (fairly evaluated), of the costs of activities carried 

3 out under the grant. 

4 (8) PERFORMANCE ACCOUNTABILITY AND

5 EVALUATION.— 

6 (A) PERFORMANCE ACCOUNTABILITY.— 

7 The Secretary shall require an eligible entity 

8 that receives a grant under this subsection to 

9 submit interim and final reports to the Sec10 retary on the performance outcomes for the 

11 project, using the performance accountability 

12 measures identified in the eligible entity’s grant 

13 application. 

14 (B) EVALUATION.—The Secretary shall re15 quire that an eligible entity that receives a 

16 grant under this subsection participate in an 

17 evaluation of activities carried out under this 

18 subsection, including an evaluation using the 

19 techniques described in subsection (a)(3). 

20 (g) CAREER PATHWAYS FOR NURSING CARE PRO21 VIDERS AND PROVIDERS OF EARLY EDUCATION AND

22 CHILD CARE.—The Secretary of Labor, in coordination 

23 with the Secretary of Education and the Secretary of 

24 Health and Human Services, may conduct projects that 

25 focus on career advancement for nursing care providers 


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1 or providers of early education and child care, including 

2 faculty education and distance education programs. The 

3 Secretary shall prepare and disseminate to the public, in4 cluding through electronic means, reports containing the 

5 results of the projects conducted, and recommendations on 

6 how to replicate effective practices. 

7 SEC. 271. NATIONAL DISLOCATED WORKER GRANTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) EMERGENCY OR DISASTER.—The term 

10 ‘‘emergency or disaster’’ means— 

11 (A) an emergency or a major disaster, as 

12 defined in paragraphs (1) and (2), respectively, 

13 of section 102 of the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 

15 U.S.C. 5122 (1) and (2)); or 

16 (B) an emergency or disaster situation of 

17 national significance that could result in a po18 tentially large loss of employment, as declared 

19 or otherwise recognized by the chief official of 

20 a Federal agency with authority for or jurisdic21 tion over the Federal response to the emergency 

22 or disaster situation. 

23 (2) DISASTER AREA.—In this subsection, the 

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1 fered or in which has occurred an emergency or dis2 aster. 

3 (b) IN GENERAL.— 

4 (1) GRANTS.—The Secretary is authorized to 

5 award national dislocated worker grants— 

6 (A) to an entity described in subsection 

7 (c)(1)(B) to provide employment and training 

8 assistance to workers affected by major eco9 nomic dislocations, such as plant closures, mass 

10 layoffs, or closures and realignments of military 

11 installations; 

12 (B) to provide assistance to— 

13 (i) the Governor of any State within 

14 the boundaries of which is a disaster area, 

15 to provide disaster relief employment in 

16 the disaster area; or 

17 (ii) the Governor of any State to 

18 which a substantial number of workers 

19 from an area in which an emergency or 

20 disaster has been declared or otherwise 

21 recognized have relocated; 

22 (C) to provide additional assistance to a 

23 State board or local board for eligible dislocated 

24 workers in a case in which the State board or 

25 local board has expended the funds provided 


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1 under this section to carry out activities de2 scribed in subparagraphs (A) and (B) and can 

3 demonstrate the need for additional funds to 

4 provide appropriate services for such workers, 

5 in accordance with requirements prescribed by 

6 the Secretary; and 

7 (D) to provide additional assistance to a 

8 State board or local board serving an area 

9 where— 

10 (i) a higher-than-average demand for 

11 employment and training activities for dis12 located members of the Armed Forces, 

13 spouses described in section 101(14)(E), or 

14 members of the Armed Forces described in 

15 subsection (c)(2)(A)(iv), exceeds State and 

16 local resources for providing such activi17 ties; and 

18 (ii) such activities are to be carried 

19 out in partnership with the Department of 

20 Defense and Department of Veterans Af21 fairs transition assistance programs. 

22 (2) DECISIONS AND OBLIGATIONS.—The Sec23 retary shall issue a final decision on an application 

24 for a national dislocated worker grant under this 

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1 ceipt of the application. The Secretary shall issue a 

2 notice of obligation for such grant not later than 10 

3 days after the award of such grant. 

4 (c) EMPLOYMENT AND TRAINING ASSISTANCE RE5 QUIREMENTS.— 

6 (1) GRANT RECIPIENT ELIGIBILITY.— 

7 (A) APPLICATION.—To be eligible to re8 ceive a grant under subsection (b)(1)(A), an en9 tity shall submit an application to the Secretary 

10 at such time, in such manner, and containing 

11 such information as the Secretary may require. 

12 (B) ELIGIBLE ENTITY.—In this para13 graph, the term ‘‘entity’’ means a State, a local 

14 board, an entity described in section 266(c), an 

15 entity determined to be eligible by the Governor 

16 of the State involved, and any other entity that 

17 demonstrates to the Secretary the capability to 

18 effectively respond to the circumstances relating 

19 to particular dislocations. 

20 (2) PARTICIPANT ELIGIBILITY.— 

21 (A) IN GENERAL.—In order to be eligible 

22 to receive employment and training assistance 

23 under a national dislocated worker grant 

24 awarded pursuant to subsection (b)(1)(A), an 

25 individual shall be— 


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1 (i) a dislocated worker; 

2 (ii) a civilian employee of the Depart3 ment of Defense or the Department of En4 ergy employed at a military installation 

5 that is being closed, or that will undergo 

6 realignment, within the next 24 months 

7 after the date of the determination of eligi8 bility; 

9 (iii) an individual who is employed in 

10 a nonmanagerial position with a Depart11 ment of Defense contractor, who is deter12 mined by the Secretary of Defense to be at 

13 risk of termination from employment as a 

14 result of reductions in defense expendi15 tures, and whose employer is converting 

16 operations from defense to nondefense ap17 plications in order to prevent worker lay18 offs; or 

19 (iv) a member of the Armed Forces 

20 who— 

21 (I) was on active duty or full22 time National Guard duty; 

23 (II)(aa) is involuntarily separated 

24 (as defined in section 1141 of title 10, 


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1 United States Code) from active duty 

2 or full-time National Guard duty; or 

3 (bb) is separated from active 

4 duty or full-time National Guard duty 

5 pursuant to a special separation bene6 fits program under section 1174a of 

7 title 10, United States Code, or the 

8 voluntary separation incentive pro9 gram under section 1175 of that title; 

10 (III) is not entitled to retired or 

11 retained pay incident to the separa12 tion described in subclause (II); and 

13 (IV) applies for such employment 

14 and training assistance before the end 

15 of the 180-day period beginning on 

16 the date of that separation. 

17 (B) RETRAINING ASSISTANCE.—The indi18 viduals described in subparagraph (A)(iii) shall 

19 be eligible for retraining assistance to upgrade 

20 skills by obtaining marketable skills needed to 

21 support the conversion described in subpara22 graph (A)(iii). 

23 (C) ADDITIONAL REQUIREMENTS.—The 

24 Secretary shall establish and publish additional 

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1 ment and training assistance under the national 

2 dislocated worker grants to ensure effective use 

3 of the funds available for this purpose. 

4 (D) DEFINITIONS.—In this paragraph, the 

5 terms ‘‘military installation’’ and ‘‘realignment’’ 

6 have the meanings given the terms in section 

7 2910 of the Defense Base Closure and Realign8 ment Act of 1990 (Public Law 101–510; 10 

9 U.S.C. 2687 note). 

10 (d) DISASTER RELIEF EMPLOYMENT ASSISTANCE

11 REQUIREMENTS.— 

12 (1) IN GENERAL.—Funds made available under 

13 subsection (b)(1)(B)— 

14 (A) shall be used, in coordination with the 

15 Administrator of the Federal Emergency Man16 agement Agency, as applicable, to provide dis17 aster relief employment on projects that provide 

18 food, clothing, shelter, and other humanitarian 

19 assistance for disaster victims, and projects re20 garding demolition, cleaning, repair, renovation, 

21 and reconstruction of damaged and destroyed 

22 structures, facilities, and lands located within 

23 the disaster area and in offshore areas related 

24 to the emergency or disaster; 


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1 (B) may be expended through public and 

2 private agencies and organizations engaged in 

3 such projects; and 

4 (C) may be expended to provide employ5 ment and training activities. 

6 (2) ELIGIBILITY.—An individual shall be eligi7 ble to be offered disaster relief employment under 

8 subsection (b)(1)(B) if such individual— 

9 (A) is a dislocated worker; 

10 (B) is a long-term unemployed individual; 

11 (C) is temporarily or permanently laid off 

12 as a consequence of the emergency or disaster; 

13 or 

14 (D) in the case of an individual who is self15 employed, becomes unemployed or significantly 

16 underemployed as a result of the emergency or 

17 disaster. 

18 (3) LIMITATIONS ON DISASTER RELIEF EM19 PLOYMENT.— 

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

21 subparagraph (B), no individual shall be em22 ployed under subsection (b)(1)(B) for more 

23 than 12 months for work related to recovery 

24 from a single emergency or disaster. 


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1 (B) EXTENSION.—At the request of a 

2 State, the Secretary may extend such employ3 ment, related to recovery from a single emer4 gency or disaster involving the State, for not 

5 more than an additional 12 months. 

6 (4) USE OF AVAILABLE FUNDS.—Funds made 

7 available under subsection (b)(1)(B) shall be avail8 able to assist workers described in paragraph (2) 

9 who are affected by an emergency or disaster, in10 cluding workers who have relocated from an area in 

11 which an emergency or disaster has been declared or 

12 otherwise recognized, as appropriate. Under condi13 tions determined by the Secretary and following no14 tification to the Secretary, a State may use such 

15 funds, that are appropriated for any fiscal year and 

16 available for expenditure under any grant awarded 

17 to the State under this section, to provide any as18 sistance authorized under this subsection. Funds 

19 used pursuant to the authority provided under this 

20 paragraph shall be subject to the liability and reim21 bursement requirements described in paragraph (5). 

22 (5) LIABILITY AND REIMBURSEMENT.—Nothing 

23 in this Act shall be construed to relieve liability, by 

24 a responsible party that is liable under Federal law, 

25 for any costs incurred by the United States under 


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1 subsection (b)(1)(B) or this subsection, including the 

2 responsibility to provide reimbursement for such 

3 costs to the United States. 

4 SEC. 272. YOUTHBUILD PROGRAM. 

5 (a) STATEMENT OF PURPOSE.—The purposes of this 

6 section are— 

7 (1) to enable disadvantaged youth to obtain the 

8 education and employment skills necessary to 

9 achieve economic self-sufficiency in occupations in 

10 demand and postsecondary education and training 

11 opportunities; 

12 (2) to provide disadvantaged youth with oppor13 tunities for meaningful work and service to their 

14 communities; 

15 (3) to foster the development of employment 

16 and leadership skills and commitment to community 

17 development among youth in low-income commu18 nities; 

19 (4) to expand the supply of permanent afford20 able housing for homeless individuals and low-in21 come families by utilizing the energies and talents of 

22 disadvantaged youth; and 

23 (5) to improve the quality and energy efficiency 

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1 ties, including those facilities that are used to serve 

2 homeless and low-income families. 

3 (b) DEFINITIONS.—In this section: 

4 (1) ADJUSTED INCOME.—The term ‘‘adjusted 

5 income’’ has the meaning given the term in section 

6 3(b) of the United States Housing Act of 1937 (42 

7 U.S.C. 1437a(b)). 

8 (2) APPLICANT.—The term ‘‘applicant’’ means 

9 an eligible entity that has submitted an application 

10 under subsection (c). 

11 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a public or private nonprofit agency or 

13 organization (including a consortium of such agen14 cies or organizations), including— 

15 (A) a community-based organization; 

16 (B) a faith-based organization; 

17 (C) an entity carrying out activities under 

18 this title, such as a local board; 

19 (D) a community action agency; 

20 (E) a State or local housing development 

21 agency; 

22 (F) an Indian tribe or other agency pri23 marily serving Indians; 

24 (G) a community development corporation; 


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1 (H) a State or local youth service or con2 servation corps; and 

3 (I) any other entity eligible to provide edu4 cation or employment training under a Federal 

5 program (other than the program carried out 

6 under this section). 

7 (4) HOMELESS INDIVIDUAL.—The term ‘‘home8 less individual’’ means a homeless individual (as de9 fined in section 41403(6) of the Violence Against 

10 Women Act of 1994 (42 U.S.C. 14043e–2(6)), ex11 cept that clauses (i)(IV) and (iii) of subparagraph 

12 (B) of such section shall not apply) or a homeless 

13 child or youth (as defined in section 725(2) of the 

14 McKinney-Vento Homeless Assistance Act (42 

15 U.S.C. 11434a(2)), except that subparagraph 

16 (B)(iv) of such section shall not apply). 

17 (5) HOUSING DEVELOPMENT AGENCY.—The 

18 term ‘‘housing development agency’’ means any 

19 agency of a State or local government, or any pri20 vate nonprofit organization, that is engaged in pro21 viding housing for homeless individuals or low-in22 come families. 

23 (6) INCOME.—The term ‘‘income’’ has the 

24 meaning given the term in section 3(b) of the United 

25 States Housing Act of 1937 (42 U.S.C. 1437a(b)). 


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1 (7) INDIAN; INDIAN TRIBE.—The terms ‘‘In2 dian’’ and ‘‘Indian tribe’’ have the meanings given 

3 such terms in section 4 of the Indian Self-Deter4 mination and Education Assistance Act (25 U.S.C. 

5 450b). 

6 (8) LOW-INCOME FAMILY.—The term ‘‘low-in7 come family’’ means a family described in section 

8 3(b)(2) of the United States Housing Act of 1937 

9 (42 U.S.C. 1437a(b)(2)). 

10 (9) QUALIFIED NATIONAL NONPROFIT AGEN11 CY.—The term ‘‘qualified national nonprofit agency’’ 

12 means a nonprofit agency that— 

13 (A) has significant national experience pro14 viding services consisting of training, informa15 tion, technical assistance, and data manage16 ment to YouthBuild programs or similar 

17 projects; and 

18 (B) has the capacity to provide those serv19 ices. 

20 (10) REGISTERED APPRENTICESHIP PRO21 GRAM.—The term ‘‘registered apprenticeship pro22 gram’’ means an apprenticeship program— 

23 (A) registered under the Act of August 16, 

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1 prenticeship Act’’; 50 Stat. 664, chapter 663; 

2 29 U.S.C. 50 et seq.); and 

3 (B) that meets such other criteria as may 

4 be established by the Secretary under this sec5 tion. 

6 (11) TRANSITIONAL HOUSING.—The term 

7 ‘‘transitional housing’’ has the meaning given the 

8 term in section 401(29) of the McKinney-Vento 

9 Homeless Assistance Act (42 U.S.C. 11360(29)). 

10 (12) YOUTHBUILD PROGRAM.—The term 

11 ‘‘YouthBuild program’’ means any program that re12 ceives assistance under this section and provides dis13 advantaged youth with opportunities for employ14 ment, education, leadership development, and train15 ing through the rehabilitation, construction, or en16 ergy efficiency enhancement of housing for homeless 

17 individuals and low-income families, and of public 

18 facilities. 

19 (c) YOUTHBUILD GRANTS.— 

20 (1) AMOUNTS OF GRANTS.—The Secretary is 

21 authorized to make grants to applicants for the pur22 pose of carrying out YouthBuild programs approved 

23 under this section. 

24 (2) ELIGIBLE ACTIVITIES.—An entity that re25 ceives a grant under this subsection shall use the 


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1 funds made available through the grant to carry out 

2 a YouthBuild program, which may include the fol3 lowing activities: 

4 (A) Education and workforce investment 

5 activities including— 

6 (i) work experience and skills training 

7 (coordinated, to the maximum extent fea8 sible, with preapprenticeship and registered 

9 apprenticeship programs) in the rehabilita10 tion, construction, or energy efficiency en11 hancement activities described in subpara12 graphs (B) and (C); 

13 (ii) occupational skills training; 

14 (iii) other paid and unpaid work expe15 riences, including internships and job shad16 owing; 

17 (iv) services and activities designed to 

18 meet the educational needs of participants, 

19 including— 

20 (I) basic skills instruction and re21 medial education; 

22 (II) language instruction edu23 cational programs for participants 

24 who are English language learners; 


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1 (III) secondary education services 

2 and activities, including tutoring, 

3 study skills training, and dropout pre4 vention activities, designed to lead to 

5 the attainment of a secondary school 

6 diploma or its recognized equivalent 

7 (including recognized certificates of 

8 attendance or similar documents for 

9 individuals with disabilities); 

10 (IV) counseling and assistance in 

11 obtaining postsecondary education 

12 and required financial aid; and 

13 (V) alternative secondary school 

14 services; 

15 (v) counseling services and related ac16 tivities, such as comprehensive guidance 

17 and counseling on drug and alcohol abuse 

18 and referral; 

19 (vi) activities designed to develop em20 ployment and leadership skills, which may 

21 include community service and peer-cen22 tered activities encouraging responsibility 

23 and other positive social behaviors, and ac24 tivities related to youth policy committees 


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1 that participate in decision-making related 

2 to the program; 

3 (vii) supportive services and provision 

4 of need-based stipends necessary to enable 

5 individuals to participate in the program 

6 and to assist individuals, for a period not 

7 to exceed 12 months after the completion 

8 of training, in obtaining or retaining em9 ployment, or applying for and transitioning 

10 to postsecondary education or training; 

11 and 

12 (viii) job search and assistance. 

13 (B) Supervision and training for partici14 pants in the rehabilitation, construction, or en15 ergy efficiency enhancement of housing, includ16 ing residential housing for homeless individuals 

17 or low-income families, or transitional housing 

18 for homeless individuals. 

19 (C) Supervision and training for partici20 pants in the rehabilitation, construction, or en21 ergy efficiency enhancement of community and 

22 other public facilities, except that not more 

23 than 15 percent of funds appropriated to carry 

24 out this section may be used for such super25 vision and training. 


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1 (D) Payment of administrative costs of the 

2 applicant, including recruitment and selection 

3 of participants, except that not more than 15 

4 percent of the amount of assistance provided 

5 under this subsection to the grant recipient may 

6 be used for such costs. 

7 (E) Adult mentoring. 

8 (F) Provision of wages, stipends, or bene9 fits to participants in the program. 

10 (G) Ongoing training and technical assist11 ance that are related to developing and carrying 

12 out the program. 

13 (H) Follow-up services. 

14 (3) APPLICATION.— 

15 (A) FORM AND PROCEDURE.—To be quali16 fied to receive a grant under this subsection, an 

17 eligible entity shall submit an application at 

18 such time, in such manner, and containing such 

19 information as the Secretary may require. 

20 (B) MINIMUM REQUIREMENTS.—The Sec21 retary shall require that the application contain, 

22 at a minimum— 

23 (i) labor market information for the 

24 labor market area where the proposed pro25 gram will be implemented, including both 


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1 current data (as of the date of submission 

2 of the application) and projections on ca3 reer opportunities in construction and 

4 growing industries; 

5 (ii) a request for the grant, specifying 

6 the amount of the grant requested and its 

7 proposed uses; 

8 (iii) a description of the applicant and 

9 a statement of its qualifications, including 

10 a description of the applicant’s relationship 

11 with local boards, one-stop operators, local 

12 unions, entities carrying out registered ap13 prenticeship programs, other community 

14 groups, and employers, and the applicant’s 

15 past experience, if any, with rehabilitation, 

16 construction, or energy efficiency enhance17 ment of housing or public facilities, and 

18 with youth education and employment 

19 training programs; 

20 (iv) a description of the proposed site 

21 for the proposed program; 

22 (v) a description of the educational 

23 and job training activities, work opportuni24 ties, postsecondary education and training 

25 opportunities, and other services that will 


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1 be provided to participants, and how those 

2 activities, opportunities, and services will 

3 prepare youth for employment in occupa4 tions in demand in the labor market area 

5 described in clause (i); 

6 (vi) a description of the proposed re7 habilitation, construction, or energy effi8 ciency enhancement activities to be under9 taken under the grant and the anticipated 

10 schedule for carrying out such activities; 

11 (vii) a description of the manner in 

12 which eligible youth will be recruited and 

13 selected as participants, including a de14 scription of arrangements that will be 

15 made with local boards, one-stop operators, 

16 community- and faith-based organizations, 

17 State educational agencies or local edu18 cational agencies (including agencies of In19 dian tribes), public assistance agencies, the 

20 courts of jurisdiction, agencies operating 

21 shelters for homeless individuals and other 

22 agencies that serve youth who are homeless 

23 individuals, foster care agencies, and other 

24 appropriate public and private agencies; 


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1 (viii) a description of the special out2 reach efforts that will be undertaken to re3 cruit eligible young women (including 

4 young women with dependent children) as 

5 participants; 

6 (ix) a description of the specific role 

7 of employers in the proposed program, 

8 such as their role in developing the pro9 posed program and assisting in service pro10 vision and in placement activities; 

11 (x) a description of how the proposed 

12 program will be coordinated with other 

13 Federal, State, and local activities and ac14 tivities conducted by Indian tribes, such as 

15 local workforce investment activities, career 

16 and technical education and training pro17 grams, adult and language instruction edu18 cational programs, activities conducted by 

19 public schools, activities conducted by com20 munity colleges, national service programs, 

21 and other job training provided with funds 

22 available under this title; 

23 (xi) assurances that there will be a 

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1 pervisory personnel in the proposed pro2 gram; 

3 (xii) a description of levels to be 

4 achieved with respect to the primary indi5 cators of performance for eligible youth de6 scribed in section 131(b)(2)(A)(ii); 

7 (xiii) a description of the applicant’s 

8 relationship with local building trade 

9 unions regarding their involvement in 

10 training to be provided through the pro11 posed program, the relationship of the pro12 posed program to established registered 

13 apprenticeship programs and employers, 

14 the ability of the applicant to grant an in15 dustry-recognized certificate or certifi16 cation through the program, and the qual17 ity of the program leading to the certifi18 cate or certification; 

19 (xiv) a description of activities that 

20 will be undertaken to develop the leader21 ship skills of participants; 

22 (xv) a detailed budget and a descrip23 tion of the system of fiscal controls, and 

24 auditing and accountability procedures, 


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1 that will be used to ensure fiscal soundness 

2 for the proposed program; 

3 (xvi) a description of the commit4 ments for any additional resources (in ad5 dition to the funds made available through 

6 the grant) to be made available to the pro7 posed program from— 

8 (I) the applicant; 

9 (II) recipients of other Federal, 

10 State or local housing and community 

11 development assistance that will spon12 sor any part of the rehabilitation, con13 struction, energy efficiency enhance14 ment, operation and maintenance, or 

15 other housing and community develop16 ment activities undertaken as part of 

17 the proposed program; or 

18 (III) entities carrying out other 

19 Federal, State, or local activities or 

20 activities conducted by Indian tribes, 

21 including career and technical edu22 cation and training programs, adult 

23 and language instruction educational 

24 programs, and job training provided 

25 with funds available under this title; 


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1 (xvii) information identifying, and a 

2 description of, the financing proposed for 

3 any— 

4 (I) rehabilitation or energy effi5 cient enhancement of the property in6 volved; 

7 (II) acquisition of the property; 

8 or 

9 (III) construction of the prop10 erty; 

11 (xviii) information identifying, and a 

12 description of, the entity that will operate 

13 and manage the property; 

14 (xix) information identifying, and a 

15 description of, the data collection systems 

16 to be used; 

17 (xx) a certification, by a public official 

18 responsible for the housing strategy for the 

19 State or unit of general local government 

20 within which the proposed program is lo21 cated, that the proposed program is con22 sistent with the housing strategy; and 

23 (xxi) a certification that the applicant 

24 will comply with the requirements of the 


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1 Fair Housing Act (42 U.S.C. 3601 et seq.) 

2 and will affirmatively further fair housing. 

3 (4) SELECTION CRITERIA.—For an applicant to 

4 be eligible to receive a grant under this subsection, 

5 the applicant and the applicant’s proposed program 

6 shall meet such selection criteria as the Secretary 

7 shall establish under this section, which shall include 

8 criteria relating to— 

9 (A) the qualifications or potential capabili10 ties of an applicant; 

11 (B) an applicant’s potential for developing 

12 a successful YouthBuild program; 

13 (C) the need for an applicant’s proposed 

14 program, as determined by the degree of eco15 nomic distress of the community from which 

16 participants would be recruited (measured by 

17 indicators such as poverty, youth unemploy18 ment, and the number of individuals who have 

19 dropped out of secondary school) and of the 

20 community in which the housing and commu21 nity and public facilities proposed to be reha22 bilitated, constructed, or provided energy effi23 ciency enhancements is located (measured by 

24 indicators such as incidence of homelessness, 

25 shortage of affordable housing, and poverty); 


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1 (D) the commitment of an applicant to 

2 providing skills training, leadership develop3 ment, and education to participants; 

4 (E) the focus of a proposed program on 

5 preparing youth for occupations in demand or 

6 postsecondary education and training opportu7 nities; 

8 (F) the extent of an applicant’s coordina9 tion of activities to be carried out through the 

10 proposed program with local boards, one-stop 

11 operators, and one-stop partners participating 

12 in the operation of the one-stop delivery system 

13 involved, or the extent of the applicant’s good 

14 faith efforts in achieving such coordination; 

15 (G) the extent of the applicant’s coordina16 tion of activities with public education, criminal 

17 justice, housing and community development, 

18 national service, or postsecondary education or 

19 other systems that relate to the goals of the 

20 proposed program; 

21 (H) the extent of an applicant’s coordina22 tion of activities with employers in the local 

23 area involved; 

24 (I) the extent to which a proposed program 

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1 viously homeless individuals in the rental hous2 ing provided through the program; 

3 (J) the commitment of additional resources 

4 (in addition to the funds made available 

5 through the grant) to a proposed program by— 

6 (i) an applicant; 

7 (ii) recipients of other Federal, State, 

8 or local housing and community develop9 ment assistance who will sponsor any part 

10 of the rehabilitation, construction, energy 

11 efficiency enhancement, operation and 

12 maintenance, or other housing and commu13 nity development activities undertaken as 

14 part of the proposed program; or 

15 (iii) entities carrying out other Fed16 eral, State, or local activities or activities 

17 conducted by Indian tribes, including ca18 reer and technical education and training 

19 programs, adult and language instruction 

20 educational programs, and job training 

21 provided with funds available under this 

22 title; 

23 (K) the applicant’s potential to serve dif24 ferent regions, including rural areas and States 


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1 that have not previously received grants for 

2 YouthBuild programs; and 

3 (L) such other factors as the Secretary de4 termines to be appropriate for purposes of car5 rying out the proposed program in an effective 

6 and efficient manner. 

7 (5) APPROVAL.—To the extent practicable, the 

8 Secretary shall notify each applicant, not later than 

9 5 months after the date of receipt of the application 

10 by the Secretary, whether the application is ap11 proved or not approved. 

12 (d) USE OF HOUSING UNITS.—Residential housing 

13 units rehabilitated, constructed, or provided energy effi14 ciency improvements using funds made available under 

15 subsection (c), shall be available solely— 

16 (1) for rental by, or sale to, homeless individ17 uals or low-income families; or 

18 (2) for use as transitional or permanent hous19 ing, for the purpose of assisting in the movement of 

20 homeless individuals to independent living. 

21 (e) ADDITIONAL PROGRAM REQUIREMENTS.— 

22 (1) ELIGIBLE PARTICIPANTS.— 

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

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1 pate in a YouthBuild program only if such indi2 vidual is— 

3 (i) not less than age 16 and not more 

4 than age 24, on the date of enrollment; 

5 (ii) a member of a low-income family, 

6 a youth in foster care (including youth 

7 aging out of foster care), a youth offender, 

8 a youth who is an individual with a dis9 ability, a child of incarcerated parents, or 

10 a migrant youth; and 

11 (iii) a school dropout, or an individual 

12 who was a school dropout and has subse13 quently reenrolled. 

14 (B) EXCEPTION FOR INDIVIDUALS NOT

15 MEETING INCOME OR EDUCATIONAL NEED RE16 QUIREMENTS.—Not more than 25 percent of 

17 the participants in such program may be indi18 viduals who do not meet the requirements of 

19 clause (ii) or (iii) of subparagraph (A), but 

20 who— 

21 (i) are basic skills deficient, despite 

22 attainment of a secondary school diploma 

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1 lar documents for individuals with disabil2 ities); or 

3 (ii) have been referred by a local sec4 ondary school for participation in a 

5 YouthBuild program leading to the attain6 ment of a secondary school diploma. 

7 (2) PARTICIPATION LIMITATION.—An eligible 

8 individual selected for participation in a YouthBuild 

9 program shall be offered full-time participation in 

10 the program for a period of not less than 6 months 

11 and not more than 24 months. 

12 (3) MINIMUM TIME DEVOTED TO EDUCATIONAL

13 SERVICES AND ACTIVITIES.—A YouthBuild program 

14 receiving assistance under subsection (c) shall be 

15 structured so that participants in the program are 

16 offered— 

17 (A) education and related services and ac18 tivities designed to meet educational needs, 

19 such as those specified in clauses (iv) through 

20 (vii) of subsection (c)(2)(A), during at least 50 

21 percent of the time during which the partici22 pants participate in the program; and 

23 (B) work and skill development activities 

24 such as those specified in clauses (i), (ii), (iii), 

25 and (viii) of subsection (c)(2)(A), during at 


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1 least 40 percent of the time during which the 

2 participants participate in the program. 

3 (4) AUTHORITY RESTRICTION.—No provision of 

4 this section may be construed to authorize any agen5 cy, officer, or employee of the United States to exer6 cise any direction, supervision, or control over the 

7 curriculum, program of instruction, administration, 

8 or personnel of any educational institution (including 

9 a school) or school system, or over the selection of 

10 library resources, textbooks, or other printed or pub11 lished instructional materials by any educational in12 stitution or school system. 

13 (5) STATE AND LOCAL STANDARDS.—All edu14 cational programs and activities supported with 

15 funds provided under subsection (c) shall be con16 sistent with applicable State and local educational 

17 standards. Standards and procedures for the pro18 grams and activities that relate to awarding aca19 demic credit for and certifying educational attain20 ment in such programs and activities shall be con21 sistent with applicable State and local educational 

22 standards. 

23 (f) LEVELS OF PERFORMANCE AND INDICATORS.— 

24 (1) IN GENERAL.—The Secretary shall annually 

25 establish expected levels of performance for 


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1 YouthBuild programs relating to each of the pri2 mary indicators of performance for eligible youth ac3 tivities described in section 131(b)(2)(A)(ii). 

4 (2) ADDITIONAL INDICATORS.—The Secretary 

5 may establish expected levels of performance for ad6 ditional indicators for YouthBuild programs, as the 

7 Secretary determines appropriate. 

8 (g) MANAGEMENT AND TECHNICAL ASSISTANCE.— 

9 (1) SECRETARY ASSISTANCE.—The Secretary 

10 may enter into contracts with 1 or more entities to 

11 provide assistance to the Secretary in the manage12 ment, supervision, and coordination of the program 

13 carried out under this section. 

14 (2) TECHNICAL ASSISTANCE.— 

15 (A) CONTRACTS AND GRANTS.—The Sec16 retary shall enter into contracts with or make 

17 grants to 1 or more qualified national nonprofit 

18 agencies, in order to provide training, informa19 tion, technical assistance, and data manage20 ment to recipients of grants under subsection 

21 (c) or to support pilot and demonstration 

22 projects or program evaluations with recipients 

23 of grants under subsection (c) as directed by 

24 the Secretary. 


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1 (B) RESERVATION OF FUNDS.—Of the 

2 amounts available under subsection (i) to carry 

3 out this section for a fiscal year, the Secretary 

4 shall reserve 5 percent to carry out subpara5 graph (A). 

6 (3) CAPACITY BUILDING GRANTS.— 

7 (A) IN GENERAL.—In each fiscal year, the 

8 Secretary may use not more than 3 percent of 

9 the amounts available under subsection (i) to 

10 award grants to 1 or more qualified national 

11 nonprofit agencies to pay for the Federal share 

12 of the cost of capacity building activities. 

13 (B) FEDERAL SHARE.—The Federal share 

14 of the cost described in subparagraph (A) shall 

15 be 25 percent. The non-Federal share shall be 

16 provided from private sources. 

17 (h) SUBGRANTS AND CONTRACTS.—Each recipient of 

18 a grant under subsection (c) to carry out a YouthBuild 

19 program shall provide the services and activities described 

20 in this section directly or through subgrants, contracts, 

21 or other arrangements with local educational agencies, in22 stitutions of higher education, State or local housing devel23 opment agencies, other public agencies, including agencies 

24 of Indian tribes, or private organizations. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each of fiscal years 

3 2014 through 2018 such sums as may be necessary to 

4 carry out this section. 

5 SEC. 274. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) NATIVE AMERICAN PROGRAMS; MIGRANT AND

7 SEASONAL FARMWORKER PROGRAMS; VETERANS’ WORK8 FORCE INVESTMENT PROGRAMS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 there are authorized to be appropriated to carry out 

11 sections 266 through 268 such sums as may be nec12 essary for each of the fiscal years 2014 through 

13 2018. 

14 (2) RESERVATIONS.—Of the amount appro15 priated pursuant to the authorization of appropria16 tions under paragraph (1) for a fiscal year, the Sec17 retary shall— 

18 (A) reserve not less than $55,000,000 for 

19 carrying out section 266; 

20 (B) reserve not less than $70,000,000 for 

21 carrying out section 267; and 

22 (C) reserve not less than $7,300,000 for 

23 carrying out section 268. 

24 (b) TECHNICAL ASSISTANCE; EVALUATIONS AND RE25 SEARCH.—There are authorized to be appropriated to 


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1 carry out sections 269 and 270 such sums as may be nec2 essary for each of the fiscal years 2014 through 2018. 

3 (c) ASSISTANCE FOR ELIGIBLE WORKERS.—If, as of 

4 the date of enactment of this Act, any unobligated funds 

5 appropriated to carry out subsections (f) and (g) of section 

6 173 of the Workforce Investment Act of 1998 (29 U.S.C. 

7 2918), as in effect on the day before the date of enactment 

8 of this Act, remain available, the Secretary of Labor shall 

9 continue to use such funds to carry out such subsections 

10 until all of such funds are expended. 

11 Subtitle E—Administration 

12 SEC. 281. REQUIREMENTS AND RESTRICTIONS. 

13 (a) BENEFITS.— 

14 (1) WAGES.— 

15 (A) IN GENERAL.—Individuals in on-the16 job training or individuals employed in activities 

17 under this title or subtitle C of title I shall be 

18 compensated at the same rates, including peri19 odic increases, as trainees or employees who are 

20 similarly situated in similar occupations by the 

21 same employer and who have similar training, 

22 experience, and skills, and such rates shall be in 

23 accordance with applicable law, but in no event 

24 less than the higher of the rate specified in sec25 tion 6(a)(1) of the Fair Labor Standards Act of 


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1 1938 (29 U.S.C. 206(a)(1)) or the applicable 

2 State or local minimum wage law. 

3 (B) RULE OF CONSTRUCTION.—The ref4 erence in subparagraph (A) to section 6(a)(1) 

5 of the Fair Labor Standards Act of 1938 (29 

6 U.S.C. 206(a)(1)) shall not be applicable for in7 dividuals in territorial jurisdictions in which 

8 section 6 of the Fair Labor Standards Act of 

9 1938 (29 U.S.C. 206) does not apply. 

10 (2) TREATMENT OF ALLOWANCES, EARNINGS, 

11 AND PAYMENTS.—Allowances, earnings, and pay12 ments to individuals participating in programs under 

13 this title or subtitle C of title I shall not be consid14 ered as income for the purposes of determining eligi15 bility for and the amount of income transfer and in16 kind aid furnished under any Federal or federally 

17 assisted program based on need, other than as pro18 vided under the Social Security Act (42 U.S.C. 301 

19 et seq.). 

20 (b) LABOR STANDARDS.— 

21 (1) LIMITATIONS ON ACTIVITIES THAT IMPACT

22 WAGES OF EMPLOYEES.—No funds provided under 

23 this title or subtitle C of title I shall be used to pay 

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1 vided through a statewide workforce development 

2 system. 

3 (2) DISPLACEMENT.— 

4 (A) PROHIBITION.—A participant in a pro5 gram or activity authorized under this title or 

6 subtitle C of title I (referred to in this section 

7 as a ‘‘specified activity’’) shall not displace (in8 cluding a partial displacement, such as a reduc9 tion in the hours of nonovertime work, wages, 

10 or employment benefits) any currently employed 

11 employee (as of the date of the participation). 

12 (B) PROHIBITION ON IMPAIRMENT OF

13 CONTRACTS.—A specified activity shall not im14 pair an existing contract for services or collec15 tive bargaining agreement, and no such activity 

16 that would be inconsistent with the terms of a 

17 collective bargaining agreement shall be under18 taken without the written concurrence of the 

19 labor organization and employer concerned. 

20 (3) OTHER PROHIBITIONS.—A participant in a 

21 specified activity shall not be employed in a job if— 

22 (A) any other individual is on layoff from 

23 the same or any substantially equivalent job; 

24 (B) the employer has terminated the em25 ployment of any regular employee or otherwise 


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1 reduced the workforce of the employer with the 

2 intention of filling the vacancy so created with 

3 the participant; or 

4 (C) the job is created in a promotional line 

5 that will infringe in any way upon the pro6 motional opportunities of currently employed in7 dividuals (as of the date of the participation). 

8 (4) HEALTH AND SAFETY.—Health and safety 

9 standards established under Federal and State law 

10 otherwise applicable to working conditions of em11 ployees shall be equally applicable to working condi12 tions of participants engaged in specified activities. 

13 To the extent that a State workers’ compensation 

14 law applies, workers’ compensation shall be provided 

15 to participants on the same basis as the compensa16 tion is provided to other individuals in the State in 

17 similar employment. 

18 (5) EMPLOYMENT CONDITIONS.—Individuals in 

19 on-the-job training or individuals employed in pro20 grams and activities under this title or subtitle C of 

21 title I shall be provided benefits and working condi22 tions at the same level and to the same extent as 

23 other trainees or employees working a similar length 

24 of time and doing the same type of work. 


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1 (6) OPPORTUNITY TO SUBMIT COMMENTS.—In2 terested members of the public, including represent3 atives of businesses and of labor organizations, shall 

4 be provided an opportunity to submit comments to 

5 the Secretary with respect to programs and activities 

6 proposed to be funded under subtitle B. 

7 (7) NO IMPACT ON UNION ORGANIZING.—Each 

8 recipient of funds under this title or subtitle C of 

9 title I shall provide to the Secretary assurances that 

10 none of such funds will be used to assist, promote, 

11 or deter union organizing. 

12 (c) GRIEVANCE PROCEDURE.— 

13 (1) IN GENERAL.—Each State and local area 

14 receiving an allotment or allocation under this title 

15 or a grant under subtitle C of title I shall establish 

16 and maintain a procedure for grievances or com17 plaints alleging violations of the requirements of this 

18 title or subtitle C of title I from participants and 

19 other interested or affected parties. Such procedure 

20 shall include an opportunity for a hearing and be 

21 completed within 60 days after the filing of the 

22 grievance or complaint. 

23 (2) INVESTIGATION.— 


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1 (A) IN GENERAL.—The Secretary shall in2 vestigate an allegation of a violation described 

3 in paragraph (1) if— 

4 (i) a decision relating to such violation 

5 has not been reached within 60 days after 

6 the date of the filing of the grievance or 

7 complaint and either party appeals to the 

8 Secretary; or 

9 (ii) a decision relating to such viola10 tion has been reached within such 60 days 

11 and the party to which such decision is ad12 verse appeals such decision to the Sec13 retary. 

14 (B) ADDITIONAL REQUIREMENT.—The 

15 Secretary shall make a final determination re16 lating to an appeal made under subparagraph 

17 (A) no later than 120 days after receiving such 

18 appeal. 

19 (3) REMEDIES.—Remedies that may be im20 posed under this section for a violation of any re21 quirement of this title or subtitle C of title I shall 

22 be limited— 

23 (A) to suspension or termination of pay24 ments under this title or subtitle C of title I; 


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1 (B) to prohibition of placement of a partic2 ipant with an employer that has violated any 

3 requirement under this title or subtitle C of 

4 title I; 

5 (C) where applicable, to reinstatement of 

6 an employee, payment of lost wages and bene7 fits, and reestablishment of other relevant 

8 terms, conditions, and privileges of employment; 

9 and 

10 (D) where appropriate, to other equitable 

11 relief. 

12 (4) RULE OF CONSTRUCTION.—Nothing in 

13 paragraph (3) shall be construed to prohibit a griev14 ant or complainant from pursuing a remedy author15 ized under another Federal, State, or local law for 

16 a violation of this title or subtitle C of title I. 

17 (d) RELOCATION.— 

18 (1) PROHIBITION ON USE OF FUNDS TO EN19 COURAGE OR INDUCE RELOCATION.—No funds pro20 vided under this title or subtitle C of title I shall be 

21 used, or proposed for use, to encourage or induce 

22 the relocation of a business or part of a business if 

23 such relocation would result in a loss of employment 

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1 cation and such original location is within the 

2 United States. 

3 (2) PROHIBITION ON USE OF FUNDS AFTER RE4 LOCATION.—No funds provided under this title or 

5 subtitle C of title I for an employment or training 

6 activity shall be used for customized or skill train7 ing, on-the-job training, incumbent worker training, 

8 transitional employment, or company-specific assess9 ments of job applicants or employees, for any busi10 ness or part of a business that has relocated, until 

11 the date that is 120 days after the date on which 

12 such business commences operations at the new loca13 tion, if the relocation of such business or part of a 

14 business results in a loss of employment for any em15 ployee of such business at the original location and 

16 such original location is within the United States. 

17 (3) REPAYMENT.—If the Secretary determines 

18 that a violation of paragraph (1) or (2) has oc19 curred, the Secretary shall require the State that 

20 has violated such paragraph (or that has provided 

21 funding to an entity that has violated such para22 graph) to repay to the United States an amount 

23 equal to the amount expended in violation of such 

24 paragraph. 


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1 (e) LIMITATION ON USE OF FUNDS.—No funds avail2 able to carry out an activity under this title or subtitle 

3 C of title I shall be used for employment generating activi4 ties, investment in revolving loan funds, capitalization of 

5 businesses, investment in contract bidding resource cen6 ters, economic development activities, or similar activities, 

7 that are not directly related to training for eligible individ8 uals under this title or subtitle C of title I. No funds re9 ceived to carry out an activity under subtitle B of this 

10 title or under subtitle C of title I shall be used for foreign 

11 travel. 

12 (f) TESTING AND SANCTIONING FOR USE OF CON13 TROLLED SUBSTANCES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, a State shall not be prohibited by 

16 the Federal Government from— 

17 (A) testing participants in programs under 

18 subtitle B of this title or under subtitle C of 

19 title I for the use of controlled substances; and 

20 (B) sanctioning such participants who test 

21 positive for the use of such controlled sub22 stances. 

23 (2) ADDITIONAL REQUIREMENTS.— 

24 (A) PERIOD OF SANCTION.—In sanctioning 

25 participants in a program under subtitle B of 


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1 this title or under subtitle C of title I who test 

2 positive for the use of controlled substances— 

3 (i) with respect to the first occurrence 

4 for which a participant tests positive, a 

5 State may exclude the participant from the 

6 program for a period not to exceed 6 

7 months; and 

8 (ii) with respect to the second occur9 rence and each subsequent occurrence for 

10 which a participant tests positive, a State 

11 may exclude the participant from the pro12 gram for a period not to exceed 2 years. 

13 (B) APPEAL.—The testing of participants 

14 and the imposition of sanctions under this sub15 section shall be subject to expeditious appeal in 

16 accordance with due process procedures estab17 lished by the State. 

18 (C) PRIVACY.—A State shall establish pro19 cedures for testing participants for the use of 

20 controlled substances that ensure a maximum 

21 degree of privacy for the participants. 

22 (3) FUNDING REQUIREMENT.—In testing and 

23 sanctioning of participants for the use of controlled 

24 substances in accordance with this subsection, the 

25 only Federal funds that a State may use are the 


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1 amounts made available for the administration of 

2 statewide workforce investment activities under sec3 tion 234(a)(3)(B). 

4 (g) SUBGRANT AUTHORITY.—A recipient of grant 

5 funds under this title shall have the authority to enter into 

6 subgrants in order to carry out the grant, subject to such 

7 conditions as the Secretary may establish. 

8 SEC. 282. PROMPT ALLOCATION OF FUNDS. 

9 (a) ALLOTMENTS BASED ON LATEST AVAILABLE

10 DATA.—All allotments to States and grants to outlying 

11 areas under this title shall be based on the latest available 

12 data and estimates satisfactory to the Secretary. All data 

13 relating to disadvantaged adults and disadvantaged youth 

14 shall be based on the most recent satisfactory data from 

15 the Bureau of the Census. 

16 (b) PUBLICATION IN FEDERAL REGISTER RELATING

17 TO FORMULA FUNDS.—Whenever the Secretary allots 

18 funds required to be allotted under this title, the Secretary 

19 shall publish in a timely fashion in the Federal Register 

20 the amount proposed to be distributed to each recipient 

21 of the funds. 

22 (c) REQUIREMENT FOR FUNDS DISTRIBUTED BY

23 FORMULA.—All funds required to be allotted under sec24 tion 227 or 232 shall be allotted within 45 days after the 

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1 cept that, if such funds are appropriated in advance as 

2 authorized by section 289(g), such funds shall be allotted 

3 or allocated not later than the March 31 preceding the 

4 program year for which such funds are to be available for 

5 obligation. 

6 (d) PUBLICATION IN FEDERAL REGISTER RELATING

7 TO DISCRETIONARY FUNDS.—Whenever the Secretary 

8 utilizes a formula to allot or allocate funds made available 

9 for distribution at the Secretary’s discretion under this 

10 title, the Secretary shall, not later than 30 days prior to 

11 such allotment or allocation, publish for comment in the 

12 Federal Register the formula, the rationale for the for13 mula, and the proposed amounts to be distributed to each 

14 State and local area. After consideration of any comments 

15 received, the Secretary shall publish final allotments and 

16 allocations in the Federal Register. 

17 (e) AVAILABILITY OF FUNDS.—Funds shall be made 

18 available under section 228, and funds shall be made avail19 able under section 233, for a local area not later than 30 

20 days after the date the funds are made available to the 

21 Governor involved, under section 227 or 232 (as the case 

22 may be), or 7 days after the date the local plan for the 

23 area is approved, whichever is later. 


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1 SEC. 283. MONITORING. 

2 (a) IN GENERAL.—The Secretary is authorized to 

3 monitor all recipients of financial assistance under this 

4 title to determine whether the recipients are complying 

5 with the provisions of this title and subtitles A and B of 

6 title I, including the regulations issued under this title and 

7 such subtitles. 

8 (b) INVESTIGATIONS.—The Secretary may inves9 tigate any matter the Secretary determines to be necessary 

10 to determine the compliance of the recipients with this 

11 title and subtitles A and B of title I, including the regula12 tions issued under this title and such subtitles. The inves13 tigations authorized by this subsection may include exam14 ining records (including making certified copies of the 

15 records), questioning employees, and entering any prem16 ises or onto any site in which any part of a program or 

17 activity of such a recipient is conducted or in which any 

18 of the records of the recipient are kept. 

19 (c) ADDITIONAL REQUIREMENT.—For the purpose of 

20 any investigation or hearing conducted under this title by 

21 the Secretary, the provisions of section 9 of the Federal 

22 Trade Commission Act (15 U.S.C. 49) (relating to the at23 tendance of witnesses and the production of documents) 

24 apply to the Secretary, in the same manner and to the 

25 same extent as the provisions apply to the Federal Trade 

26 Commission. 


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1 SEC. 284. FISCAL CONTROLS; SANCTIONS. 

2 (a) ESTABLISHMENT OF FISCAL CONTROLS BY

3 STATES.— 

4 (1) IN GENERAL.—Each State shall establish 

5 such fiscal control and fund accounting procedures 

6 as may be necessary to assure the proper disbursal 

7 of, and accounting for, Federal funds allocated to 

8 local areas under subtitle B. Such procedures shall 

9 ensure that all financial transactions carried out 

10 under subtitle B are conducted and records main11 tained in accordance with generally accepted ac12 counting principles applicable in each State. 

13 (2) COST PRINCIPLES.— 

14 (A) IN GENERAL.—Each State (including 

15 the Governor of the State), local area (including 

16 the chief elected official for the area), and pro17 vider receiving funds under this title shall com18 ply with the applicable uniform cost principles 

19 included in appropriate circulars or rules of the 

20 Office of Management and Budget for the type 

21 of entity receiving the funds. 

22 (B) EXCEPTION.—The funds made avail23 able to a State for administration of statewide 

24 workforce investment activities in accordance 

25 with section 234(a)(3)(B) shall be allocable to 

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1 ment activities, but need not be specifically allo2 cable to— 

3 (i) the administration of adult employ4 ment and training activities; 

5 (ii) the administration of dislocated 

6 worker employment and training activities; 

7 or 

8 (iii) administration of youth workforce 

9 investment activities. 

10 (3) UNIFORM ADMINISTRATIVE REQUIRE11 MENTS.— 

12 (A) IN GENERAL.—Each State (including 

13 the Governor of the State), local area (including 

14 the chief elected official for the area), and pro15 vider receiving funds under this title shall com16 ply with the appropriate uniform administrative 

17 requirements for grants and agreements appli18 cable for the type of entity receiving the funds, 

19 as promulgated in circulars or rules of the Of20 fice of Management and Budget. 

21 (B) ADDITIONAL REQUIREMENT.—Pro22 curement transactions under this title between 

23 local boards and units of State or local govern24 ments shall be conducted only on a cost-reim25 bursable basis. 


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1 (4) MONITORING.—Each Governor of a State 

2 shall conduct on an annual basis onsite monitoring 

3 of each local area within the State to ensure compli4 ance with the uniform administrative requirements 

5 referred to in paragraph (3). 

6 (5) ACTION BY GOVERNOR.—If the Governor 

7 determines that a local area is not in compliance 

8 with the uniform administrative requirements re9 ferred to in paragraph (3), the Governor shall— 

10 (A) require corrective action to secure 

11 prompt compliance with the requirements; and 

12 (B) impose the sanctions provided under 

13 subsection (b) in the event of failure to take the 

14 required corrective action. 

15 (6) CERTIFICATION.—The Governor shall, every 

16 2 years, certify to the Secretary that— 

17 (A) the State has implemented the uniform 

18 administrative requirements referred to in para19 graph (3); 

20 (B) the State has monitored local areas to 

21 ensure compliance with the uniform administra22 tive requirements as required under paragraph 

23 (4); and 


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1 (C) the State has taken appropriate action 

2 to secure compliance with the requirements pur3 suant to paragraph (5). 

4 (7) ACTION BY THE SECRETARY.—If the Sec5 retary determines that the Governor has not fulfilled 

6 the requirements of this subsection, the Secretary 

7 shall— 

8 (A) require corrective action to secure 

9 prompt compliance with the requirements of 

10 this subsection; and 

11 (B) impose the sanctions provided under 

12 subsection (e) in the event of failure of the Gov13 ernor to take the required appropriate action to 

14 secure compliance with the requirements. 

15 (b) SUBSTANTIAL VIOLATION.— 

16 (1) ACTION BY GOVERNOR.—If, as a result of 

17 financial and compliance audits or otherwise, the 

18 Governor determines that there is a substantial vio19 lation of a specific provision of this title or subtitle 

20 A or B of title I that relates to the administration 

21 of programs or activities funded under this title or 

22 under the Wagner-Peyser Act (29 U.S.C. 49 et 

23 seq.), and corrective action has not been taken, the 

24 Governor shall— 


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1 (A) issue a notice of intent to revoke ap2 proval of all or part of the local plan affected; 

3 or 

4 (B) impose a reorganization plan, which 

5 may include— 

6 (i) decertifying the local board in7 volved; 

8 (ii) prohibiting the use of eligible pro9 viders; 

10 (iii) selecting an alternative entity to 

11 administer the program for the local area 

12 involved; 

13 (iv) merging the local area into one or 

14 more other local areas; or 

15 (v) making such other changes as the 

16 Secretary or Governor determines to be 

17 necessary to secure compliance with the 

18 provision. 

19 (2) APPEAL.— 

20 (A) IN GENERAL.—The actions taken by 

21 the Governor pursuant to subparagraphs (A) 

22 and (B) of paragraph (1) may be appealed to 

23 the Secretary and shall not become effective 

24 until— 

25 (i) the time for appeal has expired; or 


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1 (ii) the Secretary has issued a deci2 sion. 

3 (B) ADDITIONAL REQUIREMENT.—The 

4 Secretary shall make a final decision under sub5 paragraph (A) not later than 45 days after the 

6 receipt of the appeal. 

7 (3) ACTION BY THE SECRETARY.—If the Gov8 ernor fails to take promptly an action required 

9 under paragraph (1), the Secretary shall take such 

10 action. 

11 (c) REPAYMENT OF CERTAIN AMOUNTS TO THE

12 UNITED STATES.— 

13 (1) IN GENERAL.—Every recipient of funds 

14 under this title shall repay to the United States 

15 amounts found not to have been expended in accord16 ance with this title and subtitles A and B of title I. 

17 (2) OFFSET OF REPAYMENT AMOUNT.—If the 

18 Secretary determines that a State has expended 

19 funds received under this title in a manner contrary 

20 to the requirements of this title or subtitle A or B 

21 of title I, the Secretary may require repayment by 

22 offsetting the amount of such expenditures against 

23 any other amount to which the State is or may be 

24 entitled under this title, except as provided under 

25 subsection (d)(1). 


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1 (3) REPAYMENT FROM DEDUCTION BY

2 STATE.—If the Secretary requires a State to repay 

3 funds as a result of a determination that a local 

4 area of the State has expended funds in a manner 

5 contrary to the requirements of this title or subtitle 

6 A or B of title I, the Governor of the State may use 

7 an amount deducted under paragraph (4) to repay 

8 the funds, except as provided under subsection (e). 

9 (4) DEDUCTION BY STATE.—The Governor may 

10 deduct an amount equal to the misexpenditure de11 scribed in paragraph (3) from subsequent program 

12 year (subsequent to the program year for which the 

13 determination was made) allocations to the local 

14 area from funds reserved for the administrative 

15 costs of the local programs involved, as appropriate. 

16 (5) LIMITATIONS.—A deduction made by a 

17 State as described in paragraph (4) shall not be 

18 made until such time as the Governor has taken ap19 propriate corrective action to ensure full compliance 

20 with this title and subtitles A and B of title I within 

21 such local area with regard to appropriate expendi22 tures of funds under this title. 

23 (d) REPAYMENT OF AMOUNTS.— 

24 (1) IN GENERAL.—Each recipient of funds 

25 under this title shall be liable to repay the amounts 


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1 described in subsection (c)(1), from funds other than 

2 funds received under this title, upon a determination 

3 by the Secretary that the misexpenditure of the 

4 amounts was due to willful disregard of the require5 ments of this title or subtitle A or B of title I, gross 

6 negligence, failure to observe accepted standards of 

7 administration, or a pattern of misexpenditure de8 scribed in subsection (c)(1). No such determination 

9 shall be made under this subsection or subsection (c) 

10 until notice and opportunity for a fair hearing have 

11 been given to the recipient. 

12 (2) FACTORS IN IMPOSING SANCTIONS.—In de13 termining whether to impose any sanction author14 ized by this section against a recipient of funds 

15 under this title for violations of title I or subtitle A 

16 or B or title I (including applicable regulations) by 

17 a subgrantee or contractor of such recipient, the 

18 Secretary shall first determine whether such recipi19 ent has adequately demonstrated that the recipient 

20 has— 

21 (A) established and adhered to an appro22 priate system, for entering into and monitoring 

23 subgrant agreements and contracts with sub24 grantees and contractors, that contains accept25 able standards for ensuring accountability; 


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1 (B) entered into a written subgrant agree2 ment or contract with such a subgrantee or 

3 contractor that established clear goals and obli4 gations in unambiguous terms; 

5 (C) acted with due diligence to monitor the 

6 implementation of the subgrant agreement or 

7 contract, including carrying out the appropriate 

8 monitoring activities (including audits) at rea9 sonable intervals; and 

10 (D) taken prompt and appropriate correc11 tive action upon becoming aware of any evi12 dence of a violation of this title or subtitle A or 

13 B of title I, including regulations issued under 

14 this title or such subtitle, by such subgrantee or 

15 contractor. 

16 (3) WAIVER.—If the Secretary determines that 

17 the recipient has demonstrated substantial compli18 ance with the requirements of paragraph (2), the 

19 Secretary may waive the imposition of sanctions au20 thorized by this section upon such recipient. The 

21 Secretary is authorized to impose any sanction con22 sistent with the provisions of this title and subtitles 

23 A and B of title I and with any applicable Federal 

24 or State law directly against any subgrantee or con25 tractor for violation of this title or subtitle A or B 


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1 of title I, including regulations issued under this 

2 title or such subtitle. 

3 (e) IMMEDIATE TERMINATION OR SUSPENSION OF

4 ASSISTANCE IN EMERGENCY SITUATIONS.—In emergency 

5 situations, if the Secretary determines it is necessary to 

6 protect the integrity of the funds or ensure the proper op7 eration of the program or activity involved, the Secretary 

8 may immediately terminate or suspend financial assist9 ance, in whole or in part, to the recipient if the recipient 

10 is given prompt notice and the opportunity for a subse11 quent hearing within 30 days after such termination or 

12 suspension. The Secretary shall not delegate any of the 

13 functions or authority specified in this subsection, other 

14 than to an officer whose appointment is required to be 

15 made by and with the advice and consent of the Senate. 

16 (f) DISCRIMINATION AGAINST PARTICIPANTS.—If 

17 the Secretary determines that any recipient under this 

18 title has discharged or in any other manner discriminated 

19 against a participant or against any individual in connec20 tion with the administration of the program involved, or 

21 against any individual because such individual has filed 

22 any complaint or instituted or caused to be instituted any 

23 proceeding under or related to this title, or has testified 

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1 fully denied to any individual a benefit to which that indi2 vidual is entitled under the provisions of this title, includ3 ing regulations issued under this title, the Secretary shall, 

4 within 30 days, take such action or order such corrective 

5 measures, as necessary, with respect to the recipient or 

6 the aggrieved individual, or both. 

7 (g) REMEDIES.—The remedies described in this sec8 tion shall not be considered to be the exclusive remedies 

9 available for violations described in this section. 

10 SEC. 285. REPORTS; RECORDKEEPING; INVESTIGATIONS. 

11 (a) RECIPIENT RECORDKEEPING AND REPORTS.— 

12 (1) IN GENERAL.—Recipients of funds under 

13 this title shall keep records that are sufficient to 

14 permit the preparation of reports required by this 

15 title or subtitle A or B of title I and to permit the 

16 tracing of funds to a level of expenditure adequate 

17 to ensure that the funds have not been spent unlaw18 fully. 

19 (2) RECORDS AND REPORTS REGARDING GEN20 ERAL PERFORMANCE.—Every such recipient shall 

21 maintain such records and submit such reports, in 

22 such form and containing such information, as the 

23 Secretary may require regarding the performance of 

24 programs and activities carried out under this title. 

25 Such records and reports shall be submitted to the 


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1 Secretary but shall not be required to be submitted 

2 more than once each quarter unless specifically re3 quested by Congress or a committee of Congress, in 

4 which case an estimate regarding such information 

5 may be provided. 

6 (3) MAINTENANCE OF STANDARDIZED

7 RECORDS.—In order to allow for the preparation of 

8 the reports required under subsection (c), such re9 cipients shall maintain standardized records for all 

10 individual participants and provide to the Secretary 

11 a sufficient number of such records to provide for an 

12 adequate analysis of the records. 

13 (4) AVAILABILITY TO THE PUBLIC.— 

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

15 subparagraph (B), records maintained by such 

16 recipients pursuant to this subsection shall be 

17 made available to the public upon request. 

18 (B) EXCEPTION.—Subparagraph (A) shall 

19 not apply to— 

20 (i) information, the disclosure of 

21 which would constitute a clearly unwar22 ranted invasion of personal privacy; and 

23 (ii) trade secrets, or commercial or fi24 nancial information, that is— 

25 (I) obtained from a person; and 


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1 (II) privileged or confidential. 

2 (C) FEES TO RECOVER COSTS.—Such re3 cipients may charge fees sufficient to recover 

4 costs applicable to the processing of requests 

5 for records under subparagraph (A). 

6 (b) INVESTIGATIONS OF USE OF FUNDS.— 

7 (1) IN GENERAL.— 

8 (A) SECRETARY.—In order to evaluate 

9 compliance with the provisions of this title and 

10 subtitles A and B of title I, the Secretary shall 

11 conduct, in several States, in each fiscal year, 

12 investigations of the use of funds received by 

13 recipients under this title. 

14 (B) COMPTROLLER GENERAL OF THE

15 UNITED STATES.—In order to ensure compli16 ance with the provisions of this title and sub17 titles A and B of title I, the Comptroller Gen18 eral of the United States may conduct inves19 tigations of the use of funds received under this 

20 title by any recipient. 

21 (2) PROHIBITION.—In conducting any inves22 tigation under this title, the Secretary or the Comp23 troller General of the United States may not request 

24 the compilation of any information that the recipient 


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1 is not otherwise required to compile and that is not 

2 readily available to such recipient. 

3 (3) AUDITS.— 

4 (A) IN GENERAL.—In carrying out any 

5 audit under this title (other than any initial 

6 audit survey or any audit investigating possible 

7 criminal or fraudulent conduct), either directly 

8 or through grant or contract, the Secretary, the 

9 Inspector General of the Department of Labor, 

10 or the Comptroller General of the United States 

11 shall furnish to the State, recipient, or other 

12 entity to be audited, advance notification of the 

13 overall objectives and purposes of the audit, and 

14 any extensive recordkeeping or data require15 ments to be met, not later than 14 days (or as 

16 soon as practicable), prior to the commence17 ment of the audit. 

18 (B) NOTIFICATION REQUIREMENT.—If the 

19 scope, objectives, or purposes of the audit 

20 change substantially during the course of the 

21 audit, the entity being audited shall be notified 

22 of the change as soon as practicable. 

23 (C) ADDITIONAL REQUIREMENT.—The re24 ports on the results of such audits shall cite the 


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1 law, regulation, policy, or other criteria applica2 ble to any finding contained in the reports. 

3 (D) RULE OF CONSTRUCTION.—Nothing 

4 contained in this title shall be construed so as 

5 to be inconsistent with the Inspector General 

6 Act of 1978 (5 U.S.C. App.) or government au7 diting standards issued by the Comptroller Gen8 eral of the United States. 

9 (c) GRANTEE INFORMATION RESPONSIBILITIES.— 

10 Each State, each local board, and each recipient (other 

11 than a subrecipient, subgrantee, or contractor of a recipi12 ent) receiving funds under this title— 

13 (1) shall make readily accessible such reports 

14 concerning its operations and expenditures as shall 

15 be prescribed by the Secretary; 

16 (2) shall prescribe and maintain comparable 

17 management information systems, in accordance 

18 with guidelines that shall be prescribed by the Sec19 retary, designed to facilitate the uniform compila20 tion, cross tabulation, and analysis of programmatic, 

21 participant, and financial data, on statewide, local 

22 area, and other appropriate bases, necessary for re23 porting, monitoring, and evaluating purposes, includ24 ing data necessary to comply with section 288; 


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1 (3) shall monitor the performance of providers 

2 in complying with the terms of grants, contracts, or 

3 other agreements made pursuant to this title; and 

4 (4) shall, to the extent practicable, submit or 

5 make available (including through electronic means) 

6 any reports, records, plans, or any other data that 

7 are required to be submitted or made available, re8 spectively, under this title or subtitle A or B of title 

9 I. 

10 (d) INFORMATION TO BE INCLUDED IN REPORTS.— 

11 (1) IN GENERAL.—The reports required in sub12 section (c) shall include information regarding pro13 grams and activities carried out under this title per14 taining to— 

15 (A) the relevant demographic characteris16 tics (including race, ethnicity, sex, and age) and 

17 other related information regarding partici18 pants; 

19 (B) the programs and activities in which 

20 participants are enrolled, and the length of time 

21 that participants are engaged in such programs 

22 and activities; 

23 (C) outcomes of the programs and activi24 ties for participants, including the occupations 


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1 of participants, and placement for participants 

2 in nontraditional employment; 

3 (D) specified costs of the programs and ac4 tivities; and 

5 (E) information necessary to prepare re6 ports to comply with section 288. 

7 (2) ADDITIONAL REQUIREMENT.—The Sec8 retary shall ensure that all elements of the informa9 tion required for the reports described in paragraph 

10 (1) are defined and that the information is reported 

11 uniformly. 

12 (e) QUARTERLY FINANCIAL REPORTS.— 

13 (1) IN GENERAL.—Each local board in a State 

14 shall submit quarterly financial reports to the Gov15 ernor with respect to programs and activities carried 

16 out under this title. Such reports shall include infor17 mation identifying all program and activity costs by 

18 cost category in accordance with generally accepted 

19 accounting principles and by year of the appropria20 tion involved. 

21 (2) ADDITIONAL REQUIREMENT.—Each State 

22 shall submit to the Secretary, on a quarterly basis, 

23 a summary of the reports submitted to the Governor 

24 pursuant to paragraph (1). 


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1 (f) MAINTENANCE OF ADDITIONAL RECORDS.—Each 

2 State and local board shall maintain records with respect 

3 to programs and activities carried out under this title that 

4 identify— 

5 (1) any income or profits earned, including such 

6 income or profits earned by subrecipients; and 

7 (2) any costs incurred (such as stand-in costs) 

8 that are otherwise allowable except for funding limi9 tations. 

10 (g) COST CATEGORIES.—In requiring entities to 

11 maintain records of costs by cost category under this title, 

12 the Secretary shall require only that the costs be cat13 egorized as administrative or programmatic costs. 

14 SEC. 286. ADMINISTRATIVE ADJUDICATION. 

15 (a) IN GENERAL.—Whenever any applicant for finan16 cial assistance under this title is dissatisfied because the 

17 Secretary has made a determination not to award financial 

18 assistance in whole or in part to such applicant, the appli19 cant may request a hearing before an administrative law 

20 judge of the Department of Labor. A similar hearing may 

21 also be requested by any recipient for whom a corrective 

22 action has been required or a sanction has been imposed 

23 by the Secretary under section 284. 

24 (b) APPEAL.—The decision of the administrative law 

25 judge shall constitute final action by the Secretary unless, 


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1 within 20 days after receipt of the decision of the adminis2 trative law judge, a party dissatisfied with the decision or 

3 any part of the decision has filed exceptions with the Sec4 retary specifically identifying the procedure, fact, law, or 

5 policy to which exception is taken. Any exception not spe6 cifically urged during the 20-day period shall be deemed 

7 to have been waived. After the 20-day period the decision 

8 of the administrative law judge shall become the final deci9 sion of the Secretary unless the Secretary, within 30 days 

10 after such filing, notifies the parties that the case involved 

11 has been accepted for review. 

12 (c) TIME LIMIT.—Any case accepted for review by 

13 the Secretary under subsection (b) shall be decided within 

14 180 days after such acceptance. If the case is not decided 

15 within the 180-day period, the decision of the administra16 tive law judge shall become the final decision of the Sec17 retary at the end of the 180-day period. 

18 (d) ADDITIONAL REQUIREMENT.—The provisions of 

19 section 287 shall apply to any final action of the Secretary 

20 under this section. 

21 SEC. 287. JUDICIAL REVIEW. 

22 (a) REVIEW.— 

23 (1) PETITION.—With respect to any final order 

24 by the Secretary under section 286 by which the 

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1 tionally awards, financial assistance under this title, 

2 or any final order of the Secretary under section 286 

3 with respect to a corrective action or sanction im4 posed under section 284, any party to a proceeding 

5 that resulted in such final order may obtain review 

6 of such final order in the United States Court of Ap7 peals having jurisdiction over the applicant for or re8 cipient of the funds involved, by filing a review peti9 tion within 30 days after the date of issuance of 

10 such final order. 

11 (2) ACTION ON PETITION.—The clerk of the 

12 court shall transmit a copy of the review petition to 

13 the Secretary, who shall file the record on which the 

14 final order was entered as provided in section 2112 

15 of title 28, United States Code. The filing of a re16 view petition shall not stay the order of the Sec17 retary, unless the court orders a stay. Petitions filed 

18 under this subsection shall be heard expeditiously, if 

19 possible within 10 days after the date of filing of a 

20 reply to the petition. 

21 (3) STANDARD AND SCOPE OF REVIEW.—No 

22 objection to the order of the Secretary shall be con23 sidered by the court unless the objection was specifi24 cally urged, in a timely manner, before the Sec25 retary. The review shall be limited to questions of 


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•S 1356 IS

1 law and the findings of fact of the Secretary shall 

2 be conclusive if supported by substantial evidence. 

3 (b) JUDGMENT.—The court shall have jurisdiction to 

4 make and enter a decree affirming, modifying, or setting 

5 aside the order of the Secretary in whole or in part. The 

6 judgment of the court regarding the order shall be final, 

7 subject to certiorari review by the Supreme Court as pro8 vided in section 1254(1) of title 28, United States Code. 

9 SEC. 288. NONDISCRIMINATION. 

10 (a) IN GENERAL.— 

11 (1) FEDERAL FINANCIAL ASSISTANCE.—For 

12 the purpose of applying the prohibitions against dis13 crimination on the basis of age under the Age Dis14 crimination Act of 1975 (42 U.S.C. 6101 et seq.), 

15 on the basis of disability under section 504 of the 

16 Rehabilitation Act of 1973 (29 U.S.C. 794), on the 

17 basis of sex under title IX of the Education Amend18 ments of 1972 (20 U.S.C. 1681 et seq.), or on the 

19 basis of race, color, or national origin under title VI 

20 of the Civil Rights Act of 1964 (42 U.S.C. 2000d 

21 et seq.), programs and activities funded or otherwise 

22 financially assisted in whole or in part under this 

23 Act are considered to be programs and activities re24 ceiving Federal financial assistance. 


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1 (2) PROHIBITION OF DISCRIMINATION REGARD2 ING PARTICIPATION, BENEFITS, AND EMPLOY3 MENT.—No individual shall be excluded from par4 ticipation in, denied the benefits of, subjected to dis5 crimination under, or denied employment in the ad6 ministration of or in connection with, any such pro7 gram or activity because of race, color, religion, sex 

8 (except as otherwise permitted under title IX of the 

9 Education Amendments of 1972), national origin, 

10 age, disability, or political affiliation or belief. 

11 (3) PROHIBITION ON ASSISTANCE FOR FACILI12 TIES FOR SECTARIAN INSTRUCTION OR RELIGIOUS

13 WORSHIP.—Participants shall not be employed under 

14 this title or subtitle C of title I to carry out the con15 struction, operation, or maintenance of any part of 

16 any facility that is used or to be used for sectarian 

17 instruction or as a place for religious worship (ex18 cept with respect to the maintenance of a facility 

19 that is not primarily or inherently devoted to sec20 tarian instruction or religious worship, in a case in 

21 which the organization operating the facility is part 

22 of a program or activity providing services to partici23 pants). 

24 (4) PROHIBITION ON DISCRIMINATION ON BASIS

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1 nate against an individual who is a participant in a 

2 program or activity that receives funds under this 

3 title or subtitle C of title I, with respect to the terms 

4 and conditions affecting, or rights provided to, the 

5 individual, solely because of the status of the indi6 vidual as a participant. 

7 (5) PROHIBITION ON DISCRIMINATION AGAINST

8 CERTAIN NONCITIZENS.—Participation in programs 

9 and activities or receiving funds under this title shall 

10 be available to citizens and nationals of the United 

11 States, lawfully admitted permanent resident aliens, 

12 refugees, asylees, and parolees, and other immi13 grants authorized by the Attorney General to work 

14 in the United States. 

15 (b) ACTION OF SECRETARY.—Whenever the Sec16 retary finds that a State or other recipient of funds under 

17 this title has failed to comply with a provision of law re18 ferred to in subsection (a)(1), or with paragraph (2), (3), 

19 (4), or (5) of subsection (a), including an applicable regu20 lation prescribed to carry out such provision or paragraph, 

21 the Secretary shall notify such State or recipient and shall 

22 request that the State or recipient comply. If within a rea23 sonable period of time, not to exceed 60 days, the State 

24 or recipient fails or refuses to comply, the Secretary 

25 may— 


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1 (1) refer the matter to the Attorney General 

2 with a recommendation that an appropriate civil ac3 tion be instituted; or 

4 (2) take such other action as may be provided 

5 by law. 

6 (c) ACTION OF ATTORNEY GENERAL.—When a mat7 ter is referred to the Attorney General pursuant to sub8 section (b)(1), or whenever the Attorney General has rea9 son to believe that a State or other recipient of funds 

10 under this title is engaged in a pattern or practice of dis11 crimination in violation of a provision of law referred to 

12 in subsection (a)(1) or in violation of paragraph (2), (3), 

13 (4), or (5) of subsection (a), the Attorney General may 

14 bring a civil action in any appropriate district court of the 

15 United States for such relief as may be appropriate, in16 cluding injunctive relief. 

17 (d) JOB CORPS.—For the purposes of this section, 

18 Job Corps members shall be considered to be the ultimate 

19 beneficiaries of Federal financial assistance. 

20 (e) REGULATIONS.—The Secretary shall issue regula21 tions necessary to implement this section not later than 

22 1 year after the date of enactment of the Workforce In23 vestment Act of 1998. Such regulations shall adopt stand24 ards for determining discrimination and procedures for en25 forcement that are consistent with the Acts referred to in 


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1 subsection (a)(1), as well as procedures to ensure that 

2 complaints filed under this section and such Acts are proc3 essed in a manner that avoids duplication of effort. 

4 SEC. 289. SECRETARIAL ADMINISTRATIVE AUTHORITIES 

5 AND RESPONSIBILITIES. 

6 (a) IN GENERAL.—In accordance with chapter 5 of 

7 title 5, United States Code, the Secretary may prescribe 

8 rules and regulations to carry out this title and appro9 priate provisions of subtitles A and B of title I, only to 

10 the extent necessary to administer and ensure compliance 

11 with the requirements of this title and such subtitles. Such 

12 rules and regulations may include provisions making ad13 justments authorized by section 6504 of title 31, United 

14 States Code. All such rules and regulations shall be pub15 lished in the Federal Register at least 30 days prior to 

16 their effective dates. Copies of each such rule or regulation 

17 shall be transmitted to the appropriate committees of Con18 gress on the date of such publication and shall contain, 

19 with respect to each material provision of such rule or reg20 ulation, a citation to the particular substantive section of 

21 law that is the basis for the provision. 

22 (b) ACQUISITION OF CERTAIN PROPERTY AND SERV23 ICES.—The Secretary is authorized, in carrying out this 

24 title, to accept, purchase, or lease in the name of the De25 partment of Labor, and employ or dispose of in furtherVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ance of the purposes of this title, any money or property, 

2 real, personal, or mixed, tangible or intangible, received 

3 by gift, devise, bequest, or otherwise, and to accept vol4 untary and uncompensated services notwithstanding the 

5 provisions of section 1342 of title 31, United States Code. 

6 (c) AUTHORITY TO ENTER INTO CERTAIN AGREE7 MENTS AND TO MAKE CERTAIN EXPENDITURES.—The 

8 Secretary may make such grants, enter into such con9 tracts or agreements, establish such procedures, and make 

10 such payments, in installments and in advance or by way 

11 of reimbursement, or otherwise allocate or expend such 

12 funds under this title, as may be necessary to carry out 

13 this title, including making expenditures for construction, 

14 repairs, and capital improvements, and including making 

15 necessary adjustments in payments on account of over16 payments or underpayments. 

17 (d) ANNUAL REPORT.—The Secretary shall prepare 

18 and submit to the Committee on Education and the Work19 force of the House of Representatives and the Committee 

20 on Health, Education, Labor, and Pensions of the Senate 

21 an annual report regarding the programs and activities 

22 funded under this title. The Secretary shall include in such 

23 report— 


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1 (1) a summary of the achievements, failures, 

2 and challenges of the programs and activities in 

3 meeting the objectives of this title and title I; 

4 (2) a summary of major findings from research, 

5 evaluations, pilot projects, and experiments con6 ducted under this title in the fiscal year prior to the 

7 submission of the report; 

8 (3) recommendations for modifications in the 

9 programs and activities based on analysis of such 

10 findings; and 

11 (4) such other recommendations for legislative 

12 or administrative action as the Secretary determines 

13 to be appropriate. 

14 (e) UTILIZATION OF SERVICES AND FACILITIES.— 

15 The Secretary is authorized, in carrying out this title and 

16 subtitles A and B of title I, under the same procedures 

17 as are applicable under subsection (c) or to the extent per18 mitted by law other than this title and such subtitles, to 

19 accept and use the services and facilities of departments, 

20 agencies, and establishments of the United States. The 

21 Secretary is also authorized, in carrying out this title and 

22 such subtitles, to accept and use the services and facilities 

23 of the agencies of any State or political subdivision of a 

24 State, with the consent of the State or political subdivi25 sion. 


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1 (f) OBLIGATIONAL AUTHORITY.—Notwithstanding 

2 any other provision of this title, the Secretary shall have 

3 no authority to enter into contracts, grant agreements, or 

4 other financial assistance agreements under this title, ex5 cept to such extent and in such amounts as are provided 

6 in advance in appropriations Acts. 

7 (g) PROGRAM YEAR.— 

8 (1) IN GENERAL.— 

9 (A) PROGRAM YEAR.—Except as provided 

10 in subparagraph (B) and section 272, appro11 priations for any fiscal year for programs and 

12 activities funded under this title shall be avail13 able for obligation only on the basis of a pro14 gram year. The program year shall begin on 

15 July 1 in the fiscal year for which the appro16 priation is made. 

17 (B) YOUTH WORKFORCE INVESTMENT AC18 TIVITIES.—The Secretary may make available 

19 for obligation, beginning April 1 of any fiscal 

20 year, funds appropriated for such fiscal year to 

21 carry out youth workforce investment activities 

22 under subtitle B. 

23 (2) AVAILABILITY.— 

24 (A) IN GENERAL.—Funds obligated for 

25 any program year for a program or activity 


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1 funded under subtitle B may be expended by 

2 each State receiving such funds during that 

3 program year and the 2 succeeding program 

4 years. Funds received by local areas from 

5 States under subtitle B during a program year 

6 may be expended during that program year and 

7 the succeeding program year. 

8 (B) CERTAIN NATIONAL ACTIVITIES.— 

9 (i) IN GENERAL.—Funds obligated for 

10 any program year for any program or ac11 tivity carried out under section 270 shall 

12 remain available until expended. 

13 (ii) INCREMENTAL FUNDING BASIS.— 

14 A contract or arrangement entered into 

15 under the authority of subsection (a) or (b) 

16 of section 270 (relating to evaluations, re17 search projects, studies and reports, and 

18 multistate projects), including a long-term, 

19 nonseverable services contract, may be 

20 funded on an incremental basis with an21 nual appropriations or other available 

22 funds. 

23 (C) SPECIAL RULE.—No amount of the 

24 funds obligated for a program year for a pro25 gram or activity funded under this title shall be 


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1 deobligated on account of a rate of expenditure 

2 that is consistent with a State plan, an oper3 ating plan described in section 251, or a plan, 

4 grant agreement, contract, application, or other 

5 agreement described in subtitle D, as appro6 priate. 

7 (h) ENFORCEMENT OF MILITARY SELECTIVE SERV8 ICE ACT.—The Secretary shall ensure that each individual 

9 participating in any program or activity established under 

10 this title, or receiving any assistance or benefit under this 

11 title, has not violated section 3 of the Military Selective 

12 Service Act (50 U.S.C. App. 453) by not presenting and 

13 submitting to registration as required pursuant to such 

14 section. The Director of the Selective Service System shall 

15 cooperate with the Secretary to enable the Secretary to 

16 carry out this subsection. 

17 (i) WAIVER.— 

18 (1) SPECIAL RULE REGARDING DESIGNATED

19 AREAS.—A State that has enacted, not later than 

20 December 31, 1997, a State law providing for the 

21 designation of service delivery areas for the delivery 

22 of workforce investment activities, may use such 

23 areas as local areas under this title and title I, not24 withstanding section 116. 


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1 (2) SPECIAL RULE REGARDING SANCTIONS.—A 

2 State that enacts, not later than December 31, 

3 1997, a State law providing for the sanctioning of 

4 such service delivery areas for failure to meet per5 formance measures for workforce investment activi6 ties, may use the State law to sanction local areas 

7 for failure to meet State performance accountability 

8 measures under title I. 

9 (3) GENERAL WAIVERS OF STATUTORY OR REG10 ULATORY REQUIREMENTS.— 

11 (A) GENERAL AUTHORITY.—Notwith12 standing any other provision of law, the Sec13 retary may waive for a State, or a local area in 

14 a State, pursuant to a request submitted by the 

15 Governor of the State (in consultation with ap16 propriate local elected officials) with a plan that 

17 meets the requirements of subparagraph (B)— 

18 (i) any of the statutory or regulatory 

19 requirements of subtitle A or B of title I 

20 that relate to the administration of pro21 grams or activities funded under this title 

22 or the Wagner-Peyser Act (29 U.S.C. 49 

23 et seq.), subtitle B of this title, section 

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1 ards, including nondisplacement protec2 tions, worker rights, participation and pro3 tection of workers and participants, griev4 ance procedures and judicial review, non5 discrimination, allocation of funds to local 

6 areas, eligibility of providers or partici7 pants, the establishment and functions of 

8 local areas and local boards, the funding of 

9 infrastructure costs for one-stop centers, 

10 and procedures for review and approval of 

11 plans, and other requirements relating to 

12 the basic purposes of this title and title I); 

13 and 

14 (ii) any of the statutory or regulatory 

15 requirements of sections 8 through 10 of 

16 the Wagner-Peyser Act (29 U.S.C. 49g 

17 through 49i) (excluding requirements relat18 ing to the provision of services to unem19 ployment insurance claimants and vet20 erans, and requirements relating to uni21 versal access to basic labor exchange serv22 ices without cost to jobseekers). 

23 (B) REQUESTS.—A Governor requesting a 

24 waiver under subparagraph (A) shall submit a 


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1 plan to the Secretary to improve the statewide 

2 workforce development system that— 

3 (i) identifies the statutory or regu4 latory requirements that are requested to 

5 be waived and the goals that the State or 

6 local area in the State, as appropriate, in7 tends to achieve as a result of the waiver; 

8 (ii) describes the actions that the 

9 State or local area, as appropriate, has un10 dertaken to remove State or local statutory 

11 or regulatory barriers; 

12 (iii) describes the goals of the waiver 

13 and the expected programmatic outcomes 

14 if the request is granted; 

15 (iv) describes the individuals impacted 

16 by the waiver; and 

17 (v) describes the process used to mon18 itor the progress in implementing such a 

19 waiver, and the process by which notice 

20 and, in the case of a waiver for a local 

21 area, an opportunity to comment on such 

22 request has been provided to the local 

23 board for the local area for which the waiv24 er is requested. 


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1 (C) CONDITIONS.—Not later than 90 days 

2 after the date of the original submission of a 

3 request for a waiver under subparagraph (A), 

4 the Secretary shall provide a waiver under this 

5 subsection if and only to the extent that— 

6 (i) the Secretary determines that the 

7 requirements requested to be waived im8 pede the ability of the State or local area, 

9 as appropriate, to implement the plan de10 scribed in subparagraph (B); and 

11 (ii) the State has executed a memo12 randum of understanding with the Sec13 retary requiring such State to meet, or en14 sure that the local area for which the waiv15 er is requested meets, agreed-upon out16 comes and to implement other appropriate 

17 measures to ensure accountability. 

18 (D) EXPEDITED DETERMINATION REGARD19 ING PROVISION OF WAIVERS.—If the Secretary 

20 has approved a waiver of statutory or regu21 latory requirements for a State or local area 

22 pursuant to this subsection, the Secretary shall 

23 expedite the determination regarding the provi24 sion of that waiver, for another State or local 


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1 area if such waiver is in accordance with the 

2 approved State or local plan, as appropriate. 

3 SEC. 290. WORKFORCE FLEXIBILITY PLANS. 

4 (a) PLANS.—A State may submit to the Secretary, 

5 and the Secretary may approve, a workforce flexibility 

6 plan under which the State is authorized to waive, in ac7 cordance with the plan— 

8 (1) any of the statutory or regulatory require9 ments applicable under this title and subtitles A and 

10 B of title I to local areas, pursuant to applications 

11 for such waivers from the local areas, except for re12 quirements relating to the basic purposes of this title 

13 and title I, wage and labor standards, grievance pro14 cedures and judicial review, nondiscrimination, eligi15 bility of participants, allocation of funds to local 

16 areas, establishment and functions of local areas and 

17 local boards, procedures for review and approval of 

18 local plans, and worker rights, participation, and 

19 protection; 

20 (2) any of the statutory or regulatory require21 ments applicable under sections 8 through 10 of the 

22 Wagner-Peyser Act (29 U.S.C. 49g through 49i) to 

23 the State (excluding requirements relating to the 

24 provision of services to unemployment insurance 

25 claimants and veterans, and requirements relating to 


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1 universal access to basic labor exchange services 

2 without cost to jobseekers); and 

3 (3) any of the statutory or regulatory require4 ments applicable under the Older Americans Act of 

5 1965 (42 U.S.C. 3001 et seq.) to State agencies on 

6 aging with respect to activities carried out using 

7 funds allotted under section 506(b) of such Act (42 

8 U.S.C. 3056d(b)), except for requirements relating 

9 to the basic purposes of such Act, wage and labor 

10 standards, eligibility of participants in the activities, 

11 and standards for grant agreements. 

12 (b) CONTENT OF PLANS.—A workforce flexibility 

13 plan implemented by a State under subsection (a) shall 

14 include descriptions of— 

15 (1)(A) the process by which local areas in the 

16 State may submit and obtain approval by the State 

17 of applications for waivers of requirements applica18 ble under this title or subtitle A or B of title I; and 

19 (B) the requirements described in subparagraph 

20 (A) that are likely to be waived by the State under 

21 the plan; 

22 (2) the requirements applicable under sections 

23 8 through 10 of the Wagner-Peyser Act that are 

24 proposed to be waived, if any; 


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1 (3) the requirements applicable under the Older 

2 Americans Act of 1965 that are proposed to be 

3 waived, if any; 

4 (4) the outcomes to be achieved by the waivers 

5 described in paragraphs (1) through (3); and 

6 (5) other measures to be taken to ensure appro7 priate accountability for Federal funds in connection 

8 with the waivers. 

9 (c) PERIODS.—The Secretary may approve a work10 force flexibility plan for a period of not more than 5 years. 

11 (d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior 

12 to submitting a workforce flexibility plan to the Secretary 

13 for approval, the State shall provide to all interested par14 ties and to the general public adequate notice of and a 

15 reasonable opportunity for comment on the waiver re16 quests proposed to be implemented pursuant to such plan. 

17 SEC. 291. STATE LEGISLATIVE AUTHORITY. 

18 (a) AUTHORITY OF STATE LEGISLATURE.—Nothing 

19 in this title or subtitle A or B of title I shall be interpreted 

20 to preclude the enactment of State legislation providing 

21 for the implementation, consistent with the provisions of 

22 this title and subtitles A and B of title I, of the activities 

23 assisted under this title or subtitle A or B of title I. Any 

24 funds received by a State under this title shall be subject 

25 to appropriation by the State legislature, consistent with 


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1 the terms and conditions required under this title and 

2 such subtitles. 

3 (b) INTERSTATE COMPACTS AND COOPERATIVE

4 AGREEMENTS.—In the event that compliance with provi5 sions of this title or title I would be enhanced by compacts 

6 and cooperative agreements between States, the consent 

7 of Congress is given to States to enter into such compacts 

8 and agreements to facilitate such compliance, subject to 

9 the approval of the Secretary. 

10 SEC. 292. TRANSFER OF FEDERAL EQUITY IN STATE EM11 PLOYMENT SECURITY AGENCY REAL PROP12 ERTY TO THE STATES. 

13 (a) TRANSFER OF FEDERAL EQUITY.—Notwith14 standing any other provision of law, any Federal equity 

15 acquired in real property through grants to States award16 ed under title III of the Social Security Act (42 U.S.C. 

17 501 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 

18 49 et seq.) is transferred to the States that used the 

19 grants for the acquisition of such equity. The portion of 

20 any real property that is attributable to the Federal equity 

21 transferred under this section shall be used to carry out 

22 activities authorized under this Act, title III of the Social 

23 Security Act, or the Wagner-Peyser Act. Any disposition 

24 of such real property shall be carried out in accordance 

25 with the procedures prescribed by the Secretary and the 


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1 portion of the proceeds from the disposition of such real 

2 property that is attributable to the Federal equity trans3 ferred under this section shall be used to carry out activi4 ties authorized under this Act, title III of the Social Secu5 rity Act, or the Wagner-Peyser Act. 

6 (b) LIMITATION ON USE.—A State shall not use 

7 funds awarded under this Act, title III of the Social Secu8 rity Act, or the Wagner-Peyser Act to amortize the costs 

9 of real property that is purchased by any State on or after 

10 the date of enactment of the Revised Continuing Appro11 priations Resolution, 2007. 

12 SEC. 293. CONTINUATION OF STATE ACTIVITIES AND POLI13 CIES. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of this title, or subtitle A of title I, the Secretary 

16 may not deny approval of a State plan for a covered State, 

17 or an application of a covered State for financial assist18 ance, under this title or subtitle A of title I, or find a 

19 covered State (including a State board or Governor), or 

20 a local area (including a local board or chief elected offi21 cial) in a covered State, in violation of a provision of this 

22 title or subtitle A of title I, on the basis that— 

23 (1)(A) the State proposes to allocate or dis24 burse, allocates, or disburses, within the State, funds 

25 made available to the State under section 227 or 


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1 232 in accordance with the allocation formula for 

2 the type of activities involved, or in accordance with 

3 a disbursal procedure or process, used by the State 

4 under prior consistent State laws; or 

5 (B) a local board in the State proposes to dis6 burse, or disburses, within the local area, funds 

7 made available to the State under section 227 or 

8 232 in accordance with a disbursal procedure or 

9 process used by a private industry council under 

10 prior consistent State law; 

11 (2) the State proposes to carry out or carries 

12 out a State procedure through which local areas use, 

13 as fiscal agents for funds made available to the 

14 State under section 227 or 232 and allocated within 

15 the State, fiscal agents selected in accordance with 

16 a process established under prior consistent State 

17 laws; 

18 (3) the State proposes to carry out or carries 

19 out a State procedure through which the local 

20 boards in the State (or the local boards, the chief 

21 elected officials in the State, and the Governor) des22 ignate or select the one-stop partners and one-stop 

23 operators of the statewide system in the State under 

24 prior consistent State laws, in lieu of making the 

25 designation or certification described in section 221 


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1 (regardless of the date the one-stop delivery systems 

2 involved have been established); 

3 (4) the State proposes to carry out or carries 

4 out a State procedure through which the persons re5 sponsible for selecting eligible providers for purposes 

6 of subtitle B are permitted to determine that a pro7 vider shall not be selected to provide both intake 

8 services under section 234(c)(2) and training serv9 ices under section 234(c)(4), under prior consistent 

10 State laws; 

11 (5) the State proposes to designate or des12 ignates a State board, or proposes to assign or as13 signs functions and roles of the State board (includ14 ing determining the time periods for development 

15 and submission of a State plan required under sec16 tion 212 or 213), for purposes of subtitle A of title 

17 I in accordance with prior consistent State laws; or 

18 (6) a local board in the State proposes to use 

19 or carry out, uses, or carries out a local plan (in20 cluding assigning functions and roles of the local 

21 board) for purposes of subtitle A of title I in accord22 ance with the authorities and requirements applica23 ble to local plans and private industry councils under 

24 prior consistent State laws. 

25 (b) DEFINITION.—In this section: 


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1 (1) COVERED STATE.—The term ‘‘covered 

2 State’’ means a State that enacted State laws de3 scribed in paragraph (2). 

4 (2) PRIOR CONSISTENT STATE LAWS.—The 

5 term ‘‘prior consistent State laws’’ means State 

6 laws, not inconsistent with the Job Training Part7 nership Act or any other applicable Federal law, 

8 that took effect on September 1, 1993, September 1, 

9 1995, and September 1, 1997. 

10 SEC. 294. GENERAL PROGRAM REQUIREMENTS. 

11 Except as otherwise provided in this title or title I, 

12 the following conditions apply to all programs under this 

13 title or title I, as applicable: 

14 (1) Each program under this title or title I 

15 shall provide employment and training opportunities 

16 to those who can benefit from, and who are most in 

17 need of, such opportunities. In addition, the recipi18 ents of Federal funding for programs under this title 

19 or title I shall make efforts to develop programs that 

20 contribute to occupational development, upward mo21 bility, development of new careers, and opportunities 

22 for nontraditional employment. 

23 (2) Funds provided under this title shall only be 

24 used for activities that are in addition to activities 


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1 that would otherwise be available in the local area 

2 in the absence of such funds. 

3 (3)(A) Any local area may enter into an agree4 ment with another local area (including a local area 

5 that is a city or county within the same labor mar6 ket) to pay or share the cost of educating, training, 

7 or placing individuals participating in programs as8 sisted under this title, including the provision of sup9 portive services. 

10 (B) Such agreement shall be approved by each 

11 local board for a local area entering into the agree12 ment and shall be described in the local plan under 

13 section 118. 

14 (4) On-the-job training contracts under this 

15 title or subtitle C of title I, shall not be entered into 

16 with employers who have received payments under 

17 previous contracts under this Act or the Workforce 

18 Investment Act of 1998 and have exhibited a pat19 tern of failing to provide on-the-job training partici20 pants with continued long-term employment as reg21 ular employees with wages and employment benefits 

22 (including health benefits) and working conditions at 

23 the same level and to the same extent as other em24 ployees working a similar length of time and doing 

25 the same type of work. 


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1 (5) No person or organization may charge an 

2 individual a fee for the placement or referral of the 

3 individual in or to a workforce investment activity 

4 under this title. 

5 (6) The Secretary shall not provide financial as6 sistance for any program under this title or subtitle 

7 C of title I that involves political activities. 

8 (7)(A) Income under any program administered 

9 by a public or private nonprofit entity may be re10 tained by such entity only if such income is used to 

11 continue to carry out the program. 

12 (B) Income subject to the requirements of sub13 paragraph (A) shall include— 

14 (i) receipts from goods or services (includ15 ing conferences) provided as a result of activi16 ties funded under this title; 

17 (ii) funds provided to a service provider 

18 under this title that are in excess of the costs 

19 associated with the services provided; and 

20 (iii) interest income earned on funds re21 ceived under this title. 

22 (C) For purposes of this paragraph, each entity 

23 receiving financial assistance under this title shall 

24 maintain records sufficient to determine the amount 


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1 of such income received and the purposes for which 

2 such income is expended. 

3 (8)(A) The Secretary shall notify the Governor 

4 and the appropriate local board and chief elected of5 ficial of, and consult with the Governor and such 

6 board and official concerning, any activity to be 

7 funded by the Secretary under this title within the 

8 corresponding State or local area. 

9 (B) The Governor shall notify the appropriate 

10 local board and chief elected official of, and consult 

11 with such board and official concerning, any activity 

12 to be funded by the Governor under this title within 

13 the corresponding local area. 

14 (9)(A) All education programs for youth sup15 ported with funds provided under chapter 2 of sub16 title B shall be consistent with applicable State and 

17 local educational standards. 

18 (B) Standards and procedures with respect to 

19 awarding academic credit and certifying educational 

20 attainment in programs conducted under such chap21 ter shall be consistent with the requirements of ap22 plicable State and local law, including regulation. 

23 (10) No funds available under this title or title 

24 I may be used for public service employment except 

25 as specifically authorized under this title or title I. 


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1 (11) The Federal requirements governing the 

2 title, use, and disposition of real property, equip3 ment, and supplies purchased with funds provided 

4 under this title or subtitle C of title I shall be the 

5 corresponding Federal requirements generally appli6 cable to such items purchased through Federal 

7 grants to States and local governments. 

8 (12) Nothing in this title or subtitle C of title 

9 I shall be construed to provide an individual with an 

10 entitlement to a service under this title or subtitle C 

11 of title I. 

12 (13) Services, facilities, or equipment funded 

13 under this title may be used, as appropriate, on a 

14 fee-for-service basis, by employers in a local area in 

15 order to provide employment and training activities 

16 to incumbent workers— 

17 (A) when such services, facilities, or equip18 ment are not in use for the provision of services 

19 for eligible participants under this title; 

20 (B) if such use for incumbent workers 

21 would not have an adverse affect on the provi22 sion of services to eligible participants under 

23 this title; and 


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1 (C) if the income derived from such fees is 

2 used to carry out the programs authorized 

3 under this title. 

4 (14) Funds provided under this title shall not 

5 be used to establish or operate a stand-alone fee-for6 service enterprise in a situation in which a private 

7 sector employment agency (as defined in section 701 

8 of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) 

9 is providing full access to similar or related services 

10 in such a manner as to fully meet the identified 

11 need. For purposes of this paragraph, such an enter12 prise does not include a one-stop delivery system de13 scribed in section 221(e). 

14 (15)(A) None of the funds available under this 

15 title shall be used by a recipient or subrecipient of 

16 such funds to pay the salary and bonuses of an indi17 vidual, either as direct costs or indirect costs, at a 

18 rate in excess of the annual rate of basic pay pre19 scribed for level II of the Executive Schedule under 

20 section 5313 of title 5, United States Code. 

21 (B) The limitation described in subparagraph 

22 (A) shall not apply to vendors providing goods and 

23 services as defined in Office of Management and 

24 Budget Circular A–133. In a case in which a State 

25 is a recipient of such funds, the State may establish 


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1 a lower limit than is provided in subparagraph (A) 

2 for salaries and bonuses of those receiving salaries 

3 and bonuses from a subrecipient of such funds, tak4 ing into account factors including the relative cost of 

5 living in the State, the compensation levels for com6 parable State or local government employees, and 

7 the size of the organizations that administer the 

8 Federal programs involved. 

9 TITLE III—ADULT EDUCATION 

10 AND LITERACY 

11 SEC. 301. SHORT TITLE. 

12 This title may be cited as the ‘‘Adult Education and 

13 Family Literacy Act’’. 

14 SEC. 302. PURPOSE. 

15 It is the purpose of this title to create a partnership 

16 among the Federal Government, States, and localities to 

17 provide, on a voluntary basis, adult education and literacy 

18 activities, in order to— 

19 (1) assist adults to become literate and obtain 

20 the knowledge and skills necessary for employment 

21 and economic self-sufficiency; 

22 (2) assist adults who are parents or family 

23 members to obtain the education and skills that— 


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1 (A) are necessary to becoming full partners 

2 in the educational development of their chil3 dren; and 

4 (B) lead to sustainable improvements in 

5 the economic opportunities for their family; 

6 (3) assist adults in attaining a secondary school 

7 diploma and in the transition to postsecondary edu8 cation and training, through career pathways; and 

9 (4) assist immigrants and other individuals who 

10 are English language learners in— 

11 (A) improving their— 

12 (i) reading, writing, speaking, and 

13 comprehension skills in English; and 

14 (ii) mathematics skills; and 

15 (B) acquiring an understanding of the 

16 American system of Government, individual 

17 freedom, and the responsibilities of citizenship. 

18 SEC. 303. DEFINITIONS. 

19 In this title: 

20 (1) ADULT EDUCATION.—The term ‘‘adult edu21 cation’’ means academic instruction and education 

22 services below the postsecondary level that increase 

23 an individual’s ability to— 

24 (A) read, write, and speak in English and 

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1 essary for the attainment of a secondary school 

2 diploma or its recognized equivalent; 

3 (B) transition to postsecondary education 

4 and training; and 

5 (C) obtain employment. 

6 (2) ADULT EDUCATION AND LITERACY ACTIVI7 TIES.—The term ‘‘adult education and literacy ac8 tivities’’ means programs, activities, and services 

9 that include adult education, literacy, workplace 

10 adult education and literacy activities, family literacy 

11 activities, English language acquisition activities, in12 tegrated English literacy and civics education, work13 force preparation activities, or integrated education 

14 and training. 

15 (3) ELIGIBLE AGENCY.—The term ‘‘eligible 

16 agency’’ means the sole entity or agency in a State 

17 or an outlying area responsible for administering or 

18 supervising policy for adult education and literacy 

19 activities in the State or outlying area, respectively, 

20 consistent with the law of the State or outlying area, 

21 respectively. 

22 (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

23 individual’’ means an individual— 

24 (A) who has attained 16 years of age; 


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1 (B) who is not enrolled or required to be 

2 enrolled in secondary school under State law; 

3 and 

4 (C) who— 

5 (i) is basic skills deficient, as defined 

6 in section 101; 

7 (ii) does not have a secondary school 

8 diploma or its recognized equivalent, and 

9 has not achieved an equivalent level of edu10 cation; or 

11 (iii) is an English language learner. 

12 (5) ELIGIBLE PROVIDER.—The term ‘‘eligible 

13 provider’’ means an organization that has dem14 onstrated effectiveness in providing adult education 

15 and literacy activities that may include— 

16 (A) a local educational agency; 

17 (B) a community-based organization; 

18 (C) a volunteer literacy organization; 

19 (D) an institution of higher education; 

20 (E) a public or private nonprofit agency; 

21 (F) a library; 

22 (G) a public housing authority; 

23 (H) a nonprofit institution that is not de24 scribed in any of subparagraphs (A) through 

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1 cation and literacy activities to eligible individ2 uals; 

3 (I) a consortium or coalition of the agen4 cies, organizations, institutions, libraries, or au5 thorities described in any of subparagraphs (A) 

6 through (H); and 

7 (J) a partnership between an employer and 

8 an entity described in any of subparagraphs (A) 

9 through (I). 

10 (6) ENGLISH LANGUAGE ACQUISITION PRO11 GRAM.—The term ‘‘English language acquisition 

12 program’’ means a program of instruction— 

13 (A) designed to help eligible individuals 

14 who are English language learners achieve com15 petence in reading, writing, speaking, and com16 prehension of the English language; and 

17 (B) that leads to— 

18 (i)(I) attainment of a secondary 

19 school diploma or its recognized equivalent; 

20 and 

21 (II) transition to postsecondary edu22 cation and training; or 

23 (ii) employment. 

24 (7) ENGLISH LANGUAGE LEARNER.—The term 

25 ‘‘English language learner’’ when used with respect 


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1 to an eligible individual, means an eligible individual 

2 who has limited ability in reading, writing, speaking, 

3 or comprehending the English language, and— 

4 (A) whose native language is a language 

5 other than English; or 

6 (B) who lives in a family or community en7 vironment where a language other than English 

8 is the dominant language. 

9 (8) ESSENTIAL COMPONENTS OF READING IN10 STRUCTION.—The term ‘‘essential components of 

11 reading instruction’’ has the meaning given the term 

12 in section 1208 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6368). 

14 (9) FAMILY LITERACY ACTIVITIES.—The term 

15 ‘‘family literacy activities’’ means activities that are 

16 of sufficient intensity and quality, to make sustain17 able improvements in the economic prospects for a 

18 family and that better enable parents or family 

19 members to support their children’s learning needs, 

20 and that integrate all of the following activities: 

21 (A) Parent or family adult education and 

22 literacy activities that lead to readiness for 

23 postsecondary education or training, career ad24 vancement, and economic self-sufficiency. 


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1 (B) Interactive literacy activities between 

2 parents or family members and their children. 

3 (C) Training for parents or family mem4 bers regarding how to be the primary teacher 

5 for their children and full partners in the edu6 cation of their children. 

7 (D) An age-appropriate education to pre8 pare children for success in school and life ex9 periences. 

10 (10) INSTITUTION OF HIGHER EDUCATION.— 

11 The term ‘‘institution of higher education’’ has the 

12 meaning given the term in section 101 of the Higher 

13 Education Act of 1965 (20 U.S.C. 1001). 

14 (11) INTEGRATED EDUCATION AND TRAIN15 ING.—The term ‘‘integrated education and training’’ 

16 means a service approach that provides adult edu17 cation and literacy activities concurrently and con18 textually with workforce preparation activities and 

19 workforce training for a specific occupation or occu20 pational cluster for the purpose of educational and 

21 career advancement. 

22 (12) INTEGRATED ENGLISH LITERACY AND

23 CIVICS EDUCATION.—The term ‘‘integrated English 

24 literacy and civics education’’ means education serv25 ices provided to English language learners who are 


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1 adults, including professionals with degrees and cre2 dentials in their native countries, that enables such 

3 adults to achieve competency in the English lan4 guage and acquire the basic and more advanced 

5 skills needed to function effectively as parents, work6 ers, and citizens in the United States. Such services 

7 shall include instruction in literacy and English lan8 guage acquisition and instruction on the rights and 

9 responsibilities of citizenship and civic participation, 

10 and may include workforce training. 

11 (13) LITERACY.—The term ‘‘literacy’’ means an 

12 individual’s ability to read, write, and speak in 

13 English, compute, and solve problems, at levels of 

14 proficiency necessary to function on the job, in the 

15 family of the individual, and in society. 

16 (14) POSTSECONDARY EDUCATIONAL INSTITU17 TION.—The term ‘‘postsecondary educational institu18 tion’’ means— 

19 (A) an institution of higher education that 

20 provides not less than a 2-year program of in21 struction that is acceptable for credit toward a 

22 bachelor’s degree; 

23 (B) a tribally controlled community college; 

24 or 


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1 (C) a nonprofit educational institution of2 fering certificate or apprenticeship programs at 

3 the postsecondary level. 

4 (15) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Education. 

6 (16) WORKPLACE ADULT EDUCATION AND LIT7 ERACY ACTIVITIES.—The term ‘‘workplace adult 

8 education and literacy activities’’ means adult edu9 cation and literacy activities offered by an eligible 

10 provider in collaboration with an employer or em11 ployee organization at a workplace or an off-site lo12 cation that is designed to improve the productivity 

13 of the workforce. 

14 (17) WORKFORCE PREPARATION ACTIVITIES.— 

15 The term ‘‘workforce preparation activities’’ means 

16 activities, programs, or services designed to help an 

17 individual acquire a combination of basic academic 

18 skills, critical thinking skills, digital literacy skills, 

19 and self-management skills, including competencies 

20 in utilizing resources, using information, working 

21 with others, understanding systems, and skills nec22 essary for successful transition into and completion 

23 of postsecondary education or training, or employ24 ment. 


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1 SEC. 304. HOME SCHOOLS. 

2 Nothing in this title shall be construed to affect home 

3 schools, whether a home school is treated as a home school 

4 or a private school under State law, or to compel a parent 

5 or family member engaged in home schooling to partici6 pate in adult education and literacy activities. 

7 SEC. 305. RULE OF CONSTRUCTION REGARDING POSTSEC8 ONDARY TRANSITION AND CONCURRENT EN9 ROLLMENT ACTIVITIES. 

10 Nothing in this title shall be construed to prohibit 

11 or discourage the use of funds provided under this title 

12 for adult education and literacy activities that help eligible 

13 individuals transition to postsecondary education and 

14 training or employment, or for concurrent enrollment ac15 tivities. 

16 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to carry out 

18 this title such sums as may be necessary for each of the 

19 fiscal years 2014 through 2018. 

20 Subtitle A—Federal Provisions 

21 SEC. 311. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

22 AGENCIES; ALLOTMENTS. 

23 (a) RESERVATION OF FUNDS.—From the sum appro24 priated under section 306 for a fiscal year, the Sec25 retary— 


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1 (1) shall reserve 2 percent to carry out section 

2 342 and subsection (g), except that the amount so 

3 reserved shall not exceed $15,000,000; and 

4 (2) shall reserve 12 percent of the amount that 

5 remains after reserving funds under paragraph (1) 

6 to carry out section 343. 

7 (b) GRANTS TO ELIGIBLE AGENCIES.— 

8 (1) IN GENERAL.—From the sum appropriated 

9 under section 306 and not reserved under subsection 

10 (a) for a fiscal year, the Secretary shall award a 

11 grant to each eligible agency having a unified State 

12 plan approved under section 112 or a combined 

13 State plan approved under section 113 in an amount 

14 equal to the sum of the initial allotment under sub15 section (c)(1) and the additional allotment under 

16 subsection (c)(2) for the eligible agency for the fiscal 

17 year, subject to subsections (f) and (h), to enable the 

18 eligible agency to carry out the activities assisted 

19 under this title. 

20 (2) PURPOSE OF GRANTS.—The Secretary may 

21 award a grant under paragraph (1) only if the eligi22 ble entity involved agrees to expend the grant for 

23 adult education and literacy activities in accordance 

24 with the provisions of this title. 

25 (c) ALLOTMENTS.— 


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1 (1) INITIAL ALLOTMENTS.—From the sum ap2 propriated under section 306 and not reserved under 

3 subsection (a) for a fiscal year, the Secretary shall 

4 allot to each eligible agency having a unified State 

5 plan approved under section 112 or a combined 

6 State plan approved under section 113— 

7 (A) $100,000, in the case of an eligible 

8 agency serving an outlying area, except as pro9 vided in subsection (e); and 

10 (B) $250,000, in the case of any other eli11 gible agency. 

12 (2) ADDITIONAL ALLOTMENTS.—From the sum 

13 appropriated under section 306, not reserved under 

14 subsection (a), and not allotted under paragraph (1), 

15 for a fiscal year, the Secretary shall allot to each eli16 gible agency that receives an initial allotment under 

17 paragraph (1) an additional amount that bears the 

18 same relationship to such sum as the number of 

19 qualifying adults in the State or outlying area served 

20 by the eligible agency bears to the number of such 

21 adults in all States and outlying areas. 

22 (d) QUALIFYING ADULT.—For the purpose of sub23 section (c)(2), the term ‘‘qualifying adult’’ means an adult 

24 who— 

25 (1) is at least 16 years of age; 


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1 (2) is beyond the age of compulsory school at2 tendance under the law of the State or outlying 

3 area; 

4 (3) does not have a secondary school diploma or 

5 its recognized equivalent; and 

6 (4) is not enrolled in secondary school. 

7 (e) SPECIAL RULE FOR THE REPUBLIC OF PALAU.— 

8 (1) IN GENERAL.—Notwithstanding subsection 

9 (c)(1)(A), from the sum appropriated under section 

10 306 and not reserved under subsection (a) for a fis11 cal year, the Secretary shall allot to the Republic of 

12 Palau, except during the period described in section 

13 101(45), an amount based on the recommendations 

14 of the Pacific Region Educational Laboratory under 

15 paragraph (2). 

16 (2) AWARD BASIS TO PALAU.—For each fiscal 

17 year, the Pacific Region Educational Laboratory in 

18 Honolulu, Hawaii shall make recommendations to 

19 the Secretary concerning a grant amount to the Re20 public of Palau based on the number of qualifying 

21 adults (as defined in subsection (d)) in the popu22 lation of the Republic of Palau. 

23 (3) ADMINISTRATIVE COSTS.—The Secretary 

24 may provide not more than 5 percent of the funds 

25 made available for grants under this subsection to 


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1 pay the administrative costs of the Pacific Region 

2 Educational Laboratory regarding activities assisted 

3 under this subsection. 

4 (f) HOLD-HARMLESS PROVISIONS.— 

5 (1) IN GENERAL.—Notwithstanding subsection 

6 (c) and subject to paragraph (2), for fiscal year 

7 2014 and each succeeding fiscal year, no eligible 

8 agency shall receive an allotment under this section 

9 that is less than 90 percent of the allotment the eli10 gible agency received for the preceding fiscal year 

11 under this section. 

12 (2) 100 PERCENT ALLOTMENT.—Notwith13 standing paragraphs (1) and (2) of subsection (e), 

14 for a fiscal year for which an eligible agency receives 

15 only an initial allotment under subsection (c)(1) 

16 (and no additional allotment under subsection 

17 (c)(2)) the eligible agency shall receive an allotment 

18 under this section that is equal to 100 percent of the 

19 initial allotment under subsection (c)(1). 

20 (3) RATABLE REDUCTION.—If for any fiscal 

21 year the amount available for allotment under this 

22 title is insufficient to satisfy the provisions of para23 graphs (1) and (2), the Secretary shall ratably re24 duce the payments to all eligible agencies, as nec25 essary. 


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1 (g) ADDITIONAL ASSISTANCE.— 

2 (1) IN GENERAL.—From amounts reserved 

3 under subsection (a)(1), the Secretary shall make 

4 grants to eligible agencies described in paragraph 

5 (2) to enable such agencies to provide activities au6 thorized under subtitle B. 

7 (2) ELIGIBILITY.—An eligible agency is eligible 

8 to receive a grant under this subsection for a fiscal 

9 year if the amount of the allotment such agency re10 ceives under this section for the fiscal year is less 

11 than the amount such agency would have received 

12 for the fiscal year if the allotment formula under 

13 this section as in effect on September 30, 2003, 

14 were in effect for such year. 

15 (3) AMOUNT OF GRANT.—The amount of a 

16 grant made to an eligible agency under this sub17 section for a fiscal year shall be the difference be18 tween— 

19 (A) the amount of the allotment such 

20 agency would have received for the fiscal year 

21 if the allotment formula under this section as in 

22 effect on September 30, 2003, were in effect for 

23 such year; and 


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1 (B) the amount of the allotment such 

2 agency receives under this section for the fiscal 

3 year. 

4 (h) REALLOTMENT.—The portion of any eligible 

5 agency’s allotment under this title for a fiscal year that 

6 the Secretary determines will not be required for the pe7 riod such allotment is available for carrying out activities 

8 under this title, shall be available for reallotment from 

9 time to time, on such dates during such period as the Sec10 retary shall fix, to other eligible agencies in proportion to 

11 the original allotments to such agencies under this title 

12 for such year. 

13 (i) STUDY AND REPORT.— 

14 (1) STUDY.—The Comptroller General of the 

15 United States shall conduct a study concerning the 

16 formula described in this section and, in conducting 

17 the study, shall, at a minimum— 

18 (A) examine whether the formula results in 

19 a distribution of funds that sufficiently serves 

20 the entire population of individuals eligible for 

21 adult education and literacy activities under 

22 this title; 

23 (B) examine whether the data used to 

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1 mula, accurately measure the population of in2 dividuals eligible for the activities; and 

3 (C) develop recommendations for improv4 ing the formula so that the formula results in 

5 a distribution of funds that better serves that 

6 population and the data used to count qualified 

7 adults accurately measure that population. 

8 (2) REPORT.—Not later than 3 years after the 

9 date of enactment of the Workforce Investment Act 

10 of 2013, the Comptroller General shall submit to the 

11 Committee on Health, Education, Labor, and Pen12 sions of the Senate and the Committee on Education 

13 and the Workforce of the House of Representatives 

14 a report containing the results of the study de15 scribed in paragraph (1). 

16 SEC. 312. PERFORMANCE ACCOUNTABILITY SYSTEM. 

17 Programs and activities authorized in this title are 

18 subject to the performance accountability provisions de19 scribed in section 131. 

20 Subtitle B—State Provisions 

21 SEC. 321. STATE ADMINISTRATION. 

22 Each eligible agency shall be responsible for the State 

23 or outlying area administration of activities under this 

24 title, including— 


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1 (1) the development, implementation, and moni2 toring of the relevant components of the unified 

3 State plan in section 112 or the combined State plan 

4 in section 113; 

5 (2) consultation with other appropriate agen6 cies, groups, and individuals that are involved in, or 

7 interested in, the development and implementation 

8 of activities assisted under this title; and 

9 (3) coordination and nonduplication with other 

10 Federal and State education, training, corrections, 

11 public housing, and social service programs. 

12 SEC. 322. STATE DISTRIBUTION OF FUNDS; MATCHING RE13 QUIREMENT. 

14 (a) STATE DISTRIBUTION OF FUNDS.—Each eligible 

15 agency receiving a grant under section 311(b) for a fiscal 

16 year— 

17 (1) shall use not less than 80 percent of the 

18 grant funds to award grants and contracts under 

19 section 331 and to carry out section 325, of which 

20 not more than 25 percent of such amount shall be 

21 available to carry out section 325; 

22 (2) shall use not more than 15 percent of the 

23 grant funds to carry out State leadership activities 

24 under section 323; and 


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1 (3) shall use not more than 5 percent of the 

2 grant funds, or $85,000, whichever is greater, for 

3 the administrative expenses of the eligible agency. 

4 (b) MATCHING REQUIREMENT.— 

5 (1) IN GENERAL.—In order to receive a grant 

6 from the Secretary under section 311(b) each eligi7 ble agency shall provide, for the costs to be incurred 

8 by the eligible agency in carrying out the adult edu9 cation and literacy activities for which the grant is 

10 awarded, a non-Federal contribution in an amount 

11 that is not less than— 

12 (A) in the case of an eligible agency serv13 ing an outlying area, 12 percent of the total 

14 amount of funds expended for adult education 

15 and literacy activities in the outlying area, ex16 cept that the Secretary may decrease the 

17 amount of funds required under this subpara18 graph for an eligible agency; and 

19 (B) in the case of an eligible agency serv20 ing a State, 25 percent of the total amount of 

21 funds expended for adult education and literacy 

22 activities in the State. 

23 (2) NON-FEDERAL CONTRIBUTION.—An eligible 

24 agency’s non-Federal contribution required under 

25 paragraph (1) may be provided in cash or in kind, 


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1 fairly evaluated, and shall include only non-Federal 

2 funds that are used for adult education and literacy 

3 activities in a manner that is consistent with the 

4 purpose of this title. 

5 SEC. 323. STATE LEADERSHIP ACTIVITIES. 

6 (a) ACTIVITIES.— 

7 (1) REQUIRED.—Each eligible agency shall use 

8 funds made available under section 322(a)(2) for the 

9 following adult education and literacy activities to 

10 develop or enhance the adult education system of the 

11 State or outlying area: 

12 (A) The alignment of adult education and 

13 literacy activities with other core programs and 

14 one-stop partners, including eligible providers, 

15 to implement the strategy identified in the uni16 fied State plan under section 112 or the com17 bined State plan under section 113, including 

18 the development of career pathways to provide 

19 access to employment and training services for 

20 individuals in adult education and literacy ac21 tivities. 

22 (B) The establishment or operation of high 

23 quality professional development programs to 

24 improve the instruction provided pursuant to 

25 local activities required under section 331(b), 


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1 including instruction incorporating the essential 

2 components of reading instruction as such com3 ponents relate to adults, instruction related to 

4 the specific needs of adult learners, instruction 

5 provided by volunteers or by personnel of a 

6 State or outlying area, and dissemination of in7 formation about models and promising practices 

8 related to such programs. 

9 (C) The provision of technical assistance to 

10 eligible providers of adult education and literacy 

11 activities receiving funds under this title, in12 cluding— 

13 (i) the development and dissemination 

14 of instructional and programmatic prac15 tices based on the most rigorous or sci16 entifically valid research available and ap17 propriate, in reading, writing, speaking, 

18 mathematics, English language acquisition 

19 programs, distance education, and staff 

20 training; 

21 (ii) the role of eligible providers as a 

22 one-stop partner to provide access to em23 ployment, education, and training services; 

24 and 


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1 (iii) assistance in the use of tech2 nology, including for staff training, to eli3 gible providers, especially the use of tech4 nology to improve system efficiencies. 

5 (D) The monitoring and evaluation of the 

6 quality of, and the improvement in, adult edu7 cation and literacy activities and the dissemina8 tion of information about models and proven or 

9 promising practices within the State. 

10 (2) PERMISSIBLE ACTIVITIES.—Each eligible 

11 agency may use funds made available under section 

12 322(a)(2) for 1 or more of the following adult edu13 cation and literacy activities: 

14 (A) The support of State or regional net15 works of literacy resource centers. 

16 (B) The development and implementation 

17 of technology applications, translation tech18 nology, or distance education, including profes19 sional development to support the use of in20 structional technology. 

21 (C) Developing and disseminating cur22 ricula, including curricula incorporating the es23 sential components of reading instruction as 

24 such components relate to adults. 


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1 (D) The provision of technical assistance 

2 to eligible providers to support the purpose of 

3 this title. 

4 (E) Developing content and models for in5 tegrated education and training and career 

6 pathways, including the provision of technical 

7 assistance to eligible providers in the State ad8 ministering such programs. 

9 (F) The provision of assistance to eligible 

10 providers in developing and implementing pro11 grams that achieve the objectives of this title 

12 and in measuring the progress of those pro13 grams in achieving such objectives, including 

14 meeting the State adjusted levels of perform15 ance described in section 131(b)(3). 

16 (G) The development and implementation 

17 of a system to assist in the transition from 

18 adult education to postsecondary education, in19 cluding linkages with postsecondary educational 

20 institutions or institutions of higher education. 

21 (H) Integration of literacy and English 

22 language instruction with occupational skill 

23 training, including promoting linkages with em24 ployers. 


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1 (I) Activities to promote workplace adult 

2 education and literacy activities. 

3 (J) Activities to promote and complement 

4 local outreach initiatives described in section 

5 342(b)(3)(G). 

6 (K) Identifying curriculum frameworks 

7 and aligning rigorous content standards that— 

8 (i) specify what adult learners should 

9 know and be able to do in the areas of 

10 reading and language arts, mathematics, 

11 and English language acquisition; and 

12 (ii) take into consideration the fol13 lowing: 

14 (I) State adopted academic 

15 standards. 

16 (II) The current adult skills and 

17 literacy assessments used in the State 

18 or outlying area. 

19 (III) The primary indicators of 

20 performance described in section 131. 

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1 stitutions of higher education sup2 ported by the State or outlying area. 

3 (V) Where appropriate, the con4 tent of occupational and industry skill 

5 standards widely used by business and 

6 industry in the State or outlying area. 

7 (L) In cooperation with efforts funded 

8 under section 342, development and piloting 

9 of— 

10 (i) new and promising assessment 

11 tools and strategies that— 

12 (I) are based on scientifically 

13 valid research, where available and 

14 appropriate; and 

15 (II) identify the needs and cap16 ture the gains of students at all levels, 

17 with particular emphasis on— 

18 (aa) students at the lowest 

19 achievement level; 

20 (bb) students who are 

21 English language learners; and 

22 (cc) adults with learning dis23 abilities; 

24 (ii) options for improving teacher 

25 quality and retention; and 


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1 (iii) assistance in converting scientif2 ically valid research into practice. 

3 (M) The development and implementation 

4 of programs and services to meet the needs of 

5 adult learners with learning disabilities who are 

6 English language learners. 

7 (N) Support for recruitment and outreach 

8 for instructors, students, and employers. 

9 (O) Other activities of statewide signifi10 cance that promote the purpose of this title. 

11 (b) COLLABORATION.—In carrying out this section, 

12 eligible agencies shall collaborate where possible, and avoid 

13 duplicating efforts, in order to maximize the impact of the 

14 activities described in subsection (a). 

15 (c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

16 State or outlying area implements any rule or policy relat17 ing to the administration or operation of a program au18 thorized under this title that has the effect of imposing 

19 a requirement that is not imposed under Federal law (in20 cluding any rule or policy based on a State or outlying 

21 area interpretation of a Federal statute, regulation, or 

22 guideline), the State or outlying area shall identify, to eli23 gible providers, the rule or policy as being imposed by the 

24 State or outlying area. 


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1 SEC. 324. STATE PLAN. 

2 Each State desiring to receive funds under this title 

3 for any fiscal year shall submit and have approved by the 

4 Secretary and the Secretary of Labor a unified State plan 

5 in accordance with section 112 or a combined State plan 

6 in accordance with section 113. 

7 SEC. 325. PROGRAMS FOR CORRECTIONS EDUCATION AND 

8 OTHER INSTITUTIONALIZED INDIVIDUALS. 

9 (a) PROGRAM AUTHORIZED.—From funds made 

10 available under section 322(a)(1) for a fiscal year, each 

11 eligible agency shall carry out corrections education and 

12 education for other institutionalized individuals. 

13 (b) USES OF FUNDS.—The funds described in sub14 section (a) shall be used for the cost of educational pro15 grams for criminal offenders in correctional institutions 

16 and for other institutionalized individuals, including aca17 demic programs for— 

18 (1) adult education and literacy activities; 

19 (2) special education, as determined by the eli20 gible agency; 

21 (3) secondary school credit; 

22 (4) integrated education and training; 

23 (5) career pathways; 

24 (6) concurrent enrollment; 

25 (7) peer tutoring; and 


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1 (8) transition to re-entry initiatives and other 

2 postrelease services with the goal of reducing recidi3 vism. 

4 (c) PRIORITY.—Each eligible agency that is using as5 sistance provided under this section to carry out a pro6 gram for criminal offenders within a correctional institu7 tion shall give priority to serving individuals who are likely 

8 to leave the correctional institution within 5 years of par9 ticipation in the program. 

10 (d) REPORT.—In addition to any report required 

11 under section 131, each eligible agency that receives as12 sistance provided under this section shall annually prepare 

13 and submit to the Secretary a report on the progress, as 

14 described in section 131, of the eligible agency with re15 spect to the programs and activities carried out under this 

16 section, including the relative rate of recidivism for the 

17 criminal offenders served. 

18 (e) DEFINITIONS.—In this section: 

19 (1) CORRECTIONAL INSTITUTION.—The term 

20 ‘‘correctional institution’’ means any— 

21 (A) prison; 

22 (B) jail; 

23 (C) reformatory; 

24 (D) work farm; 

25 (E) detention center; or 


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1 (F) halfway house, community-based reha2 bilitation center, or any other similar institution 

3 designed for the confinement or rehabilitation 

4 of criminal offenders. 

5 (2) CRIMINAL OFFENDER.—The term ‘‘criminal 

6 offender’’ means any individual who is charged with 

7 or convicted of any criminal offense. 

8 Subtitle C—Local Provisions 

9 SEC. 331. GRANTS AND CONTRACTS FOR ELIGIBLE PRO10 VIDERS. 

11 (a) GRANTS AND CONTRACTS.—From grant funds 

12 made available under section 322(a)(1), each eligible agen13 cy shall award multiyear grants or contracts, on a com14 petitive basis, to eligible providers within the State or out15 lying area to enable the eligible providers to develop, im16 plement, and improve adult education and literacy activi17 ties within the State. 

18 (b) REQUIRED LOCAL ACTIVITIES.—The eligible 

19 agency shall require that each eligible provider receiving 

20 a grant or contract under subsection (a) use the grant 

21 or contract to establish or operate programs that provide 

22 adult education and literacy activities, including programs 

23 that provide such activities concurrently. 

24 (c) DIRECT AND EQUITABLE ACCESS; SAME PROC25 ESS.— 


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1 (1) IN GENERAL.—Each eligible agency receiv2 ing funds under this title shall ensure that— 

3 (A) all eligible providers have direct and 

4 equitable access to apply and compete for 

5 grants or contracts under this section; and 

6 (B) the same grant or contract announce7 ment process and application process is used 

8 for all eligible providers in the State or outlying 

9 area. 

10 (2) GAO STUDY.—Not later than the second 

11 program year following the date of enactment of the 

12 Workforce Investment Act of 2013, the Comptroller 

13 General shall conduct a study to determine how the 

14 provisions of paragraph (1) have been implemented 

15 and whether such provisions accomplished the pur16 poses of such paragraph. 

17 (d) SPECIAL RULE.—Each eligible agency awarding 

18 a grant or contract under this section shall not use any 

19 funds made available under this title for adult education 

20 and literacy activities for the purpose of supporting or pro21 viding programs, services, or activities for individuals who 

22 are not individuals described in subparagraphs (A) and 

23 (B) of section 303(4), except that such agency may use 

24 such funds for such purpose if such programs, services, 

25 or activities are related to family literacy activities. In proVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 viding family literacy activities under this title, an eligible 

2 provider shall attempt to coordinate with programs and 

3 services that are not assisted under this title prior to using 

4 funds for adult education and literacy activities under this 

5 title for activities other than activities for eligible individ6 uals. 

7 (e) CONSIDERATIONS.—In awarding grants or con8 tracts under this section, the eligible agency shall con9 sider— 

10 (1) the degree to which the eligible provider 

11 would be responsive to— 

12 (A) regional needs as identified in the local 

13 plan under section 118; and 

14 (B) serving individuals in the community 

15 who were identified in such plan as most in 

16 need of adult education and literacy activities, 

17 including individuals— 

18 (i) who have low levels of literacy 

19 skills; 

20 (ii) who have learning disabilities; or 

21 (iii) who are English language learn22 ers; 

23 (2) capacity, including past effectiveness in im24 proving the literacy of eligible individuals of the eli25 gible provider, to meet State-adjusted levels of perVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 formance for the primary indicators of performance 

2 described in section 131 for eligible individuals, es3 pecially with respect to eligible individuals who have 

4 low levels of literacy; 

5 (3) the extent to which the eligible provider 

6 demonstrates alignment between proposed activities 

7 and services and the strategy and goals of the local 

8 plan under section 118, as well as the activities and 

9 services of the one-stop partners; 

10 (4) whether the eligible provider’s program— 

11 (A) is of sufficient intensity and quality, 

12 and based on the most rigorous research avail13 able so that participants achieve substantial 

14 learning gains; and 

15 (B) uses instructional practices that in16 clude the essential components of reading in17 struction; 

18 (5) whether the eligible provider’s activities are 

19 built on a strong foundation of the most rigorous re20 search available, including scientifically valid re21 search, and effective educational practice; 

22 (6) whether the eligible provider’s activities ef23 fectively employ advances in technology and delivery 

24 systems, including distance education; 


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1 (7) whether the eligible provider’s activities pro2 vide learning in context, including through inte3 grated education and training, so that an individual 

4 acquires the skills needed to transition to and com5 plete postsecondary education and training pro6 grams, obtain and advance in employment leading to 

7 economic self-sufficiency, and to exercise the rights 

8 and responsibilities of citizenship; 

9 (8) whether the eligible provider’s activities are 

10 delivered by well-trained instructors, counselors, and 

11 administrators who meet any minimum qualifica12 tions established by the State, where applicable, and 

13 who have access to high quality professional develop14 ment, including through electronic means; 

15 (9) whether the eligible provider’s activities co16 ordinate with other available education, training, 

17 and social service resources in the community, such 

18 as by establishing strong links with elementary 

19 schools and secondary schools, postsecondary edu20 cational institutions, institutions of higher education, 

21 local workforce investment boards, one-stop centers, 

22 job training programs, and social service agencies, 

23 business, industry, labor organizations, community24 based organizations, nonprofit organizations, and 


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1 intermediaries, for the development of career path2 ways; 

3 (10) whether the eligible provider’s activities 

4 offer flexible schedules and coordination with Fed5 eral, State, and local support services (such as child 

6 care, transportation, mental health services, and ca7 reer planning) that are necessary to enable individ8 uals, including individuals with disabilities or other 

9 special needs, to attend and complete programs; 

10 (11) the capacity of the eligible provider to pro11 vide integrated education and training; 

12 (12) whether the eligible provider maintains a 

13 high-quality information management system that 

14 has the capacity to report measurable participant 

15 outcomes (consistent with section 131) and to mon16 itor program performance; 

17 (13) whether the local areas in which the eligi18 ble provider is located have a demonstrated need for 

19 additional English language acquisition programs 

20 and civics education programs; 

21 (14) whether reading, writing, speaking, mathe22 matics, and English language acquisition instruction 

23 delivered by the eligible provider is based on the best 

24 practices derived from the most rigorous research 


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1 available and appropriate, including scientifically 

2 valid research that is available and appropriate; 

3 (15) whether the eligible provider’s applications 

4 of technology and services to be provided are suffi5 cient to increase the amount and quality of learning 

6 and how such technology and services lead to im7 proved performance; and 

8 (16) the capacity of the eligible provider to 

9 serve eligible individuals with disabilities, including 

10 individuals with learning disabilities. 

11 SEC. 332. LOCAL APPLICATION. 

12 Each eligible provider desiring a grant or contract 

13 from an eligible agency shall submit an application to the 

14 eligible agency containing such information and assur15 ances as the eligible agency may require, including— 

16 (1) a description of how funds awarded under 

17 this title will be spent consistent with the require18 ments of this title; 

19 (2) a description of any cooperative arrange20 ments the eligible provider has with other agencies, 

21 institutions, or organizations for the delivery of 

22 adult education and literacy activities; 

23 (3) a description of how the eligible provider 

24 will provide services in alignment with the local plan 

25 under section 118, including how such provider will 


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1 promote concurrent enrollment in programs and ac2 tivities under title II, as appropriate, to assist eligi3 ble individuals in accessing education and job train4 ing services; 

5 (4) a description of how the eligible provider 

6 will meet the State adjusted levels of performance 

7 described in section 131(b)(3), including how such 

8 provider will collect data to report on such perform9 ance indicators; 

10 (5) a description of how the eligible provider 

11 will fulfill one-stop partner responsibilities as de12 scribed in section 221(b)(1)(A), as appropriate; 

13 (6) a description of how the eligible provider 

14 will provide services in a manner that meets the 

15 needs of eligible individuals; and 

16 (7) information that addresses the consider17 ations described under section 331(e), as applicable. 

18 SEC. 333. LOCAL ADMINISTRATIVE COST LIMITS. 

19 (a) IN GENERAL.—Subject to subsection (b), of the 

20 amount that is made available under this title to an eligi21 ble provider— 

22 (1) not less than 95 percent shall be expended 

23 for carrying out adult education and literacy activi24 ties; and 


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1 (2) the remaining amount, not to exceed 5 per2 cent, shall be used for planning, administration (in3 cluding carrying out the requirements of section 

4 131), professional development, and the activities de5 scribed in paragraphs (3) and (5) of section 332. 

6 (b) SPECIAL RULE.—In cases where the cost limits 

7 described in subsection (a) are too restrictive to allow for 

8 the activities described in subsection (a)(2), the eligible 

9 provider shall negotiate with the eligible agency in order 

10 to determine an adequate level of funds to be used for 

11 noninstructional purposes. 

12 Subtitle D—General Provisions 

13 SEC. 341. ADMINISTRATIVE PROVISIONS. 

14 (a) SUPPLEMENT NOT SUPPLANT.—Funds made 

15 available for adult education and literacy activities under 

16 this title shall supplement and not supplant other State 

17 or local public funds expended for adult education and lit18 eracy activities. 

19 (b) MAINTENANCE OF EFFORT.— 

20 (1) IN GENERAL.— 

21 (A) DETERMINATION.—An eligible agency 

22 may receive funds under this title for any fiscal 

23 year if the Secretary finds that the fiscal effort 

24 per student or the aggregate expenditures of 

25 such eligible agency for activities under this 


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1 title, in the second preceding fiscal year, were 

2 not less than 90 percent of the fiscal effort per 

3 student or the aggregate expenditures of such 

4 eligible agency for adult education and literacy 

5 activities in the third preceding fiscal year. 

6 (B) PROPORTIONATE REDUCTION.—Sub7 ject to paragraphs (2), (3), and (4), for any fis8 cal year with respect to which the Secretary de9 termines under subparagraph (A) that the fiscal 

10 effort or the aggregate expenditures of an eligi11 ble agency for the preceding program year were 

12 less than such effort or expenditures for the 

13 second preceding program year, the Secretary— 

14 (i) shall determine the percentage de15 creases in such effort or in such expendi16 tures; and 

17 (ii) shall decrease the payment made 

18 under this title for such program year to 

19 the agency for adult education and literacy 

20 activities by the lesser of such percentages. 

21 (2) COMPUTATION.—In computing the fiscal ef22 fort and aggregate expenditures under paragraph 

23 (1), the Secretary shall exclude capital expenditures 

24 and special one-time project costs. 


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1 (3) DECREASE IN FEDERAL SUPPORT.—If the 

2 amount made available for adult education and lit3 eracy activities under this title for a fiscal year is 

4 less than the amount made available for adult edu5 cation and literacy activities under this title for the 

6 preceding fiscal year, then the fiscal effort per stu7 dent and the aggregate expenditures of an eligible 

8 agency required in order to avoid a reduction under 

9 paragraph (1)(B) shall be decreased by the same 

10 percentage as the percentage decrease in the amount 

11 so made available. 

12 (4) WAIVER.—The Secretary may waive the re13 quirements of this subsection for not more than 1 

14 fiscal year, if the Secretary determines that a waiver 

15 would be equitable due to exceptional or uncontrol16 lable circumstances, such as a natural disaster or an 

17 unforeseen and precipitous decline in the financial 

18 resources of the State or outlying area of the eligible 

19 agency. If the Secretary grants a waiver under the 

20 preceding sentence for a fiscal year, the level of ef21 fort required under paragraph (1) shall not be re22 duced in the subsequent fiscal year because of the 

23 waiver. 


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1 SEC. 342. NATIONAL LEADERSHIP ACTIVITIES. 

2 (a) IN GENERAL.—The Secretary shall establish and 

3 carry out a program of national leadership activities to 

4 enhance the quality and outcomes of adult education and 

5 literacy activities and programs nationwide. 

6 (b) REQUIRED ACTIVITIES.—The national leadership 

7 activities described in subsection (a) shall include technical 

8 assistance, including— 

9 (1) assistance to help States meet the require10 ments of section 131; 

11 (2) upon request by a State, assistance provided 

12 to eligible providers in using performance account13 ability measures based on indicators described in 

14 section 131, and data systems for the improvement 

15 of adult education and literacy activities; and 

16 (3) carrying out rigorous research and evalua17 tion on effective adult education and literacy activi18 ties, as well as estimating the number of adults 

19 functioning at the lowest levels of literacy pro20 ficiency, which may be coordinated across relevant 

21 Federal agencies. 

22 (c) ALLOWABLE ACTIVITIES.—The national leader23 ship activities described in subsection (a) may include the 

24 following: 

25 (1) Technical assistance, including— 


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1 (A) assistance related to professional devel2 opment activities, and assistance for the pur3 poses of developing, improving, identifying, and 

4 disseminating the most successful methods and 

5 techniques for providing adult education and 

6 literacy activities, based on scientifically valid 

7 research where available; 

8 (B) assistance in distance education and 

9 promoting and improving the use of technology 

10 in the classroom, including through the use of 

11 instructional models that blend in-person and 

12 online instruction; and 

13 (C) assistance in the development and dis14 semination of proven models for addressing the 

15 digital literacy needs of adults, including older 

16 adults. 

17 (2) A program of grants, contracts, or coopera18 tive agreements awarded on a competitive basis to 

19 national, regional, or local networks of private non20 profit organizations, public libraries, or institutions 

21 of higher education to build the capacity of such net22 works’ members to— 

23 (A) meet the performance requirements, 

24 described in section 131, of eligible providers 

25 under this title; and 


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1 (B) involve eligible individuals in program 

2 improvement. 

3 (3) Funding national leadership activities that 

4 are not described in paragraph (1), either directly or 

5 through grants, contracts, or cooperative agreements 

6 awarded on a competitive basis to or with postsec7 ondary educational institutions, institutions of high8 er education, public or private organizations or agen9 cies, or consortia of such institutions, organizations, 

10 or agencies, such as— 

11 (A) developing, improving, and identifying 

12 the most successful methods and techniques for 

13 addressing the education needs of adults, in14 cluding instructional practices using the essen15 tial components of reading instruction based on 

16 the work of the National Institute of Child 

17 Health and Human Development; 

18 (B) increasing the effectiveness of, and im19 proving the quality of, adult education and lit20 eracy activities; 

21 (C) carrying out rigorous research, includ22 ing scientifically valid research where appro23 priate, on national literacy basic skill acquisi24 tion for adult learning, including estimating the 


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1 number of adults functioning at the lowest lev2 els of literacy proficiency; 

3 (D)(i) carrying out demonstration pro4 grams, which may include programs that— 

5 (I) accelerate learning outcomes for 

6 eligible individuals with the lowest literacy 

7 levels; 

8 (II) develop and promote career path9 ways for eligible individuals; 

10 (III) promote concurrent enrollment 

11 programs in adult education and credit 

12 bearing postsecondary coursework; and 

13 (IV) develop high-quality professional 

14 development activities for eligible pro15 viders; 

16 (ii) disseminating best practices informa17 tion, including information regarding promising 

18 practices resulting from federally funded dem19 onstration programs; and 

20 (iii) developing and replicating best prac21 tices and innovative programs, such as— 

22 (I) programs for skill certification; 

23 (II) the identification of effective 

24 strategies for working with adults with 


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1 learning disabilities and with adults who 

2 are English language learners; 

3 (III) integrated education and train4 ing programs; 

5 (IV) programs providing adult edu6 cation and literacy activities coordinated 

7 with employment services; and 

8 (V) postsecondary education and 

9 training transition programs; 

10 (E) providing for the conduct of an inde11 pendent evaluation and assessment of adult 

12 education and literacy activities through grants 

13 and contracts awarded on a competitive basis, 

14 which evaluation and assessment shall include 

15 descriptions of— 

16 (i) the effect of performance account17 ability measures and other measures of ac18 countability on the delivery of adult edu19 cation and literacy activities; 

20 (ii) the extent to which the adult edu21 cation and literacy activities increase the 

22 literacy skills of eligible individuals, lead to 

23 involvement in education and training, en24 hance the employment and earnings of 

25 such participants, and, if applicable, lead 


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1 to other positive outcomes, such as success 

2 in re-entry and reductions in recidivism in 

3 the case of prison-based adult education 

4 and literacy activities; 

5 (iii) the extent to which the provision 

6 of support services to eligible individuals 

7 enrolled in adult education and literacy ac8 tivities increase the rate of enrollment in, 

9 and successful completion of, such pro10 grams; and 

11 (iv) the extent to which different types 

12 of providers measurably improve the skills 

13 of eligible individuals in adult education 

14 and literacy activities; 

15 (F) carrying out rigorous research on the 

16 relationship between instructional quality, in17 cluding education levels, certification status, 

18 and experience of instructors, and the perform19 ance outcomes of eligible providers consistent 

20 with section 131; 

21 (G) supporting efforts aimed at capacity 

22 building of programs at the State and local lev23 els such as technical assistance in program 

24 planning, assessment, evaluation, and moni25 toring of activities carried out under this title; 


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1 (H) collecting data, such as data regarding 

2 the improvement of both local and State data 

3 systems, through technical assistance and devel4 opment of model performance data collection 

5 systems; 

6 (I) supporting the development of an entity 

7 that would produce and distribute technology8 based programs and materials for adult edu9 cation and literacy activities using an inter10 connection system (as defined in section 397 of 

11 the Communications Act of 1934 (47 U.S.C. 

12 397)) and expand the effective outreach and 

13 use of such programs and materials to eligible 

14 providers; 

15 (J) determining how participation in adult 

16 education and literacy activities prepares eligi17 ble individuals for entry into postsecondary edu18 cation and employment and, in the case of pro19 grams carried out in correctional institutions, 

20 has an effect on recidivism; and 

21 (K) other activities designed to enhance 

22 the quality of adult education and literacy ac23 tivities nationwide. 


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1 SEC. 343. INTEGRATED ENGLISH LITERACY AND CIVICS 

2 EDUCATION. 

3 (a) IN GENERAL.—From funds made available under 

4 section 311(a)(2) for each fiscal year, the Secretary shall 

5 award grants to States, from allotments under subsection 

6 (b), for integrated English literacy and civics education. 

7 (b) ALLOTMENT.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 from amounts made available under section 

10 311(a)(2) for a fiscal year, the Secretary shall allo11 cate— 

12 (A) 65 percent to the States on the basis 

13 of a State’s need for integrated English literacy 

14 and civics education, as determined by calcu15 lating each State’s share of a 10-year average 

16 of the data of the Office of Immigration Statis17 tics of the Department of Homeland Security 

18 for immigrants admitted for legal permanent 

19 residence for the 10 most recent years; and 

20 (B) 35 percent to the States on the basis 

21 of whether the State experienced growth, as 

22 measured by the average of the 3 most recent 

23 years for which the data of the Office of Immi24 gration Statistics of the Department of Home25 land Security for immigrants admitted for legal 

26 permanent residence are available. 


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1 (2) MINIMUM.—No State shall receive an allot2 ment under paragraph (1) in an amount that is less 

3 than $60,000. 

4 TITLE IV—AMENDMENTS TO THE 

5 WAGNER-PEYSER ACT 

6 SEC. 401. EMPLOYMENT SERVICE OFFICES. 

7 Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) 

8 is amended by inserting ‘‘service’’ before ‘‘offices’’. 

9 SEC. 402. DEFINITIONS. 

10 Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) 

11 is amended— 

12 (1) by striking paragraph (1) and inserting the 

13 following: 

14 ‘‘(1) the terms ‘chief elected official’, ‘institu15 tion of higher education’, ‘one-stop center’, ‘one-stop 

16 partner’, ‘training services’, ‘workforce development 

17 activity’, and ‘workplace learning advisor’, have the 

18 meaning given the terms in section 101 of the Work19 force Investment Act of 2013;’’; 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘investment board’’ each 

22 place it appears and inserting ‘‘development 

23 board’’; and 

24 (B) by striking ‘‘of 1998’’ and inserting 

25 ‘‘of 2013’’; 


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1 (3) in paragraph (3)— 

2 (A) by striking ‘‘134(c)’’ and inserting 

3 ‘‘221(e)’’; and 

4 (B) by striking ‘‘1998’’ and inserting 

5 ‘‘2013’’; 

6 (4) in paragraph (4), by striking ‘‘and’’ at the 

7 end; 

8 (5) in paragraph (5), by striking the period and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(6) the term ‘employment service office’ means 

12 a local office of a State agency; and 

13 ‘‘(7) except in section 15, the term ‘State agen14 cy’, used without further description, means an 

15 agency designated or authorized under section 4.’’. 

16 SEC. 403. FEDERAL AND STATE EMPLOYMENT SERVICE OF17 FICES. 

18 (a) COORDINATION.—Section 3(a) of the Wagner19 Peyser Act (29 U.S.C. 49b(a)) is amended by striking 

20 ‘‘services’’ and inserting ‘‘service offices’’. 

21 (b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.— 

22 Section 3(c)(2) of the Wagner-Peyser Act (29 U.S.C. 

23 49b(c)(2)) is amended by inserting ‘‘, and identify and dis24 seminate information on best practices for such system’’ 

25 before the semicolon. 


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1 (c) ONE-STOP CENTERS.—Section 3 of the Wagner2 Peyser Act (29 U.S.C. 49b) is amended by inserting after 

3 subsection (c) the following: 

4 ‘‘(d) In order to improve service delivery, avoid dupli5 cation of services, and enhance coordination of services, 

6 including location of staff to ensure access to services 

7 under section 7(a) statewide in underserved areas, employ8 ment service offices in each State shall be colocated with 

9 one-stop centers. 

10 ‘‘(e) The Secretary, in consultation with States, is au11 thorized to assist the States in the development of national 

12 electronic tools that may be used to improve access to 

13 workforce information for individuals through— 

14 ‘‘(1) the one-stop delivery systems established 

15 as described in section 221(e) of the Workforce In16 vestment Act of 2013; and 

17 ‘‘(2) such other delivery systems as the Sec18 retary determines to be appropriate.’’. 

19 SEC. 404. ALLOTMENT OF SUMS. 

20 Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) 

21 is amended— 

22 (1) in subsection (a), by striking ‘‘amounts ap23 propriated pursuant to section 5’’ and inserting 

24 ‘‘funds appropriated and (except for Guam) certified 


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1 under section 5 and made available for allotments 

2 under this section’’; and 

3 (2) in subsection (b)(1)— 

4 (A) in the matter preceding subparagraph 

5 (A)— 

6 (i) by inserting before ‘‘the Secretary’’ 

7 the following ‘‘after making the allotments 

8 required by subsection (a),’’; and 

9 (ii) by striking ‘‘sums’’ and all that 

10 follows through ‘‘this Act’’ and inserting 

11 ‘‘funds described in subsection (a)’’; 

12 (B) in each of subparagraphs (A) and (B), 

13 by striking ‘‘sums’’ and inserting ‘‘remainder’’; 

14 and 

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

16 ‘‘For purposes of this paragraph, the term 

17 ‘State’ does not include Guam or the Virgin Is18 lands.’’. 

19 SEC. 405. USE OF SUMS. 

20 (a) IMPROVED COORDINATION.—Section 7(a)(1) of 

21 the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)) is amended 

22 by inserting ‘‘, including unemployment insurance claim23 ants,’’ after ‘‘seekers’’. 


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1 (b) RESOURCES FOR UNEMPLOYMENT INSURANCE

2 CLAIMANTS.—Section 7(a)(3) of the Wagner-Peyser Act 

3 (29 U.S.C. 49f(a)(3)) is amended— 

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (E); 

6 (2) in subparagraph (F)— 

7 (A) by inserting ‘‘, including making eligi8 bility assessments,’’ after ‘‘system’’; and 

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

10 inserting ‘‘; and’’; and 

11 (3) by inserting after subparagraph (F) the fol12 lowing: 

13 ‘‘(G) providing unemployment insurance 

14 claimants with referrals to, and application as15 sistance for, training and education resources 

16 and programs, including Federal Pell Grants 

17 under subpart 1 of part A of title IV of the 

18 Higher Education Act of 1965 (20 U.S.C. 

19 1070a et seq.), educational assistance under 

20 chapter 30 of title 38, United States Code 

21 (commonly referred to as the Montgomery GI 

22 Bill), and chapter 33 of that title (Post-9/11 

23 Veterans Educational Assistance), student as24 sistance under title IV of the Higher Education 

25 Act of 1965 (20 U.S.C. 1070 et seq.), State 


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1 student higher education assistance, and train2 ing and education programs provided under ti3 tles II and III of the Workforce Investment Act 

4 of 2013, and title I of the Rehabilitation Act of 

5 1973 (29 U.S.C. 720 et seq.).’’. 

6 (c) STATE ACTIVITIES.—Section 7(b) of the Wagner7 Peyser Act (29 U.S.C. 49f(b)) is amended— 

8 (1) in paragraph (1), by striking ‘‘performance 

9 standards established by the Secretary’’ and insert10 ing ‘‘the performance accountability measures that 

11 are based on indicators described in section 

12 131(b)(2)(A)(i) of the Workforce Investment Act of 

13 2013’’; and 

14 (2) in paragraph (2), by inserting ‘‘offices’’ 

15 after ‘‘employment service’’. 

16 (d) PROVIDING ADDITIONAL FUNDS.—Section 

17 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) 

18 is amended by striking ‘‘1998’’ and inserting ‘‘2013’’. 

19 (e) OTHER SERVICES AND ACTIVITIES.—Section 7(d) 

20 of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended 

21 by striking ‘‘1998’’ and inserting ‘‘2013’’. 

22 (f) CONFORMING AMENDMENT.—Section 7(e) of the 

23 Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by 

24 striking ‘‘labor employment statistics’’ and inserting 

25 ‘‘workforce and labor market information’’. 


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1 SEC. 406. STATE PLAN. 

2 Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) 

3 is amended to read as follows: 

4 ‘‘SEC. 8. Any State desiring to receive assistance 

5 under section 6 shall prepare and submit to, and have ap6 proved by, the Secretary and the Secretary of Education, 

7 a State plan in accordance with section 112 or 113 of the 

8 Workforce Investment Act of 2013.’’. 

9 SEC. 407. PERFORMANCE MEASURES. 

10 Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 

11 49l(a)) is amended to read as follows: 

12 ‘‘(a) The activities carried out pursuant to section 7 

13 shall be subject to the performance accountability meas14 ures that are based on indicators described in section 

15 131(b)(2)(A)(i) of the Workforce Investment Act of 

16 2013.’’. 

17 SEC. 408. PILOT PROJECTS. 

18 The Wagner-Peyser Act is amended by inserting after 

19 section 13 (29 U.S.C. 49l) the following: 

20 ‘‘SEC. 13A. PILOT PROJECTS. 

21 ‘‘(a) GRANTS.—From funds appropriated under sub22 section (f), the Secretary, in consultation with the Sec23 retary of Education, shall establish and carry out a pilot 

24 program. In carrying out the program, the Secretary shall 

25 annually make not more than 5 grants, on a competitive 

26 basis, to State agencies to cooperate in the administration 


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1 of this Act by carrying out pilot projects that enhance the 

2 professional development and provision of services by the 

3 staff of such State agencies. 

4 ‘‘(b) USE OF FUNDS.—Funds made available under 

5 this section may be used to enable a State agency to— 

6 ‘‘(1) make available a broad range of career 

7 guidance services, including career planning, apti8 tude and interest assessments, and provision of 

9 workforce and labor market information, and evalu10 ate the outcomes for recipients of such services; 

11 ‘‘(2) strengthen the capacity of the State agen12 cy to identify job openings through the use of tech13 nology, and through intensive outreach to small and 

14 medium size employers while using and enhancing 

15 the business and employer services authorized under 

16 this Act; 

17 ‘‘(3) provide professional development and ca18 reer advancement opportunities for staff of a State 

19 agency in order to upgrade their skills and com20 petencies in the provision of career development ac21 tivities, employer outreach, and other services au22 thorized under this Act, including upgrading those 

23 skills and competencies through the training of such 

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1 stop partners and other entities administering work2 force development programs; 

3 ‘‘(4) in cooperation with professional organiza4 tions and institutions of higher education, dem5 onstrate the efficacy and value of professional 

6 credentialing for counselors of the State agency to 

7 cooperate in the administration of this Act; 

8 ‘‘(5) identify and implement strategies for State 

9 agency staff to provide technical assistance and 

10 training to assist other providers of workforce devel11 opment activities, including workplace learning advi12 sors, in providing counseling and employment-related 

13 services to workers and job seekers, and employers; 

14 and 

15 ‘‘(6) identify and implement new strategies for 

16 integrating counseling and technology to enhance the 

17 provision of employment-related services under this 

18 Act. 

19 ‘‘(c) APPLICATIONS.—A State agency that seeks a 

20 grant under this section shall submit an application to the 

21 Secretary at such time, in such manner, and containing 

22 such information as the Secretary may require. 

23 ‘‘(d) PRIORITY.—In awarding grants under this sec24 tion, the Secretary, in consultation with the Secretary of 

25 Education, shall— 


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1 ‘‘(1) give priority to a State agency that— 

2 ‘‘(A) demonstrates participation by em3 ployees of the agency in the planning of the 

4 proposed pilot project; 

5 ‘‘(B) demonstrates participation by the 

6 employees, or provides an assurance that the 

7 employees will participate, in the implementa8 tion of the pilot project; and 

9 ‘‘(C) demonstrates that the State agency 

10 has established a partnership, or provides an 

11 assurance that the agency will establish a part12 nership, with a relevant professional organiza13 tion, or with an institution of higher education; 

14 and 

15 ‘‘(2) ensure geographic diversity and diversity 

16 with respect to the population density of the States 

17 in which projects under this section will be carried 

18 out. 

19 ‘‘(e) REPORTS.—The Secretary shall annually pre20 pare and submit to the Committee on Education and 

21 Labor of the House of Representatives and the Committee 

22 on Health, Education, Labor, and Pensions of the Senate, 

23 a report assessing the projects carried out under this sec24 tion and containing such recommendations for improve25 ments in the provision of counseling and other employVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ment-related services under this Act as the Secretary de2 termines to be appropriate. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section 

5 such sums as may be necessary for each of fiscal years 

6 2014 through 2018.’’. 

7 SEC. 409. WORKFORCE AND LABOR MARKET INFORMATION 

8 SYSTEM. 

9 (a) HEADING.—The section heading for section 15 of 

10 the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by 

11 striking ‘‘EMPLOYMENT STATISTICS’’ and inserting 

12 ‘‘WORKFORCE AND LABOR MARKET INFORMATION

13 SYSTEM’’. 

14 (b) NAME OF SYSTEM.—Section 15(a)(1) of the Wag15 ner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by 

16 striking ‘‘employment statistics system of employment sta17 tistics’’ and inserting ‘‘workforce and labor market infor18 mation system’’. 

19 (c) SYSTEM RESPONSIBILITIES.—Section 15(b) of 

20 the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amend21 ed— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) STRUCTURE.—The workforce and 

2 labor market information system described in 

3 subsection (a) shall be evaluated and improved 

4 by the Secretary, in consultation with the 

5 Workforce Information Advisory Council estab6 lished in subsection (d). 

7 ‘‘(B) GRANTS AND RESPONSIBILITIES.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall carry out the provisions of this sec10 tion in a timely manner, through grants to 

11 or agreements with States. 

12 ‘‘(ii) DISTRIBUTION OF FUNDS.— 

13 Using amounts appropriated under sub14 section (g), the Secretary shall provide 

15 funds through those grants and agree16 ments. In distributing the funds (relating 

17 to workforce and labor market information 

18 funding) for fiscal years 2014 through 

19 2018, the Secretary shall continue to dis20 tribute the funds to States in the manner 

21 in which the Secretary distributed funds to 

22 the States under this section for fiscal 

23 years 2004 through 2008.’’; and 

24 (2) by striking paragraph (2) and inserting the 

25 following: 


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1 ‘‘(2) DUTIES.—The Secretary, with respect to 

2 data collection, analysis, and dissemination of work3 force and labor market information for the system, 

4 shall carry out the following duties: 

5 ‘‘(A) Assign responsibilities within the De6 partment of Labor for elements of the work7 force and labor market information system de8 scribed in subsection (a) to ensure that the sta9 tistical and administrative data collected is con10 sistent with appropriate Bureau of Labor Sta11 tistics standards and definitions, and that the 

12 information is accessible and understandable to 

13 users of such data. 

14 ‘‘(B) Actively seek the cooperation of heads 

15 of other Federal agencies to establish and main16 tain mechanisms for ensuring complementarity 

17 and nonduplication in the development and op18 eration of statistical and administrative data 

19 collection activities. 

20 ‘‘(C) Solicit, receive, and evaluate the rec21 ommendations from the Workforce Information 

22 Advisory Council established in subsection (d) 

23 concerning the evaluation and improvement of 

24 the workforce and labor market information 

25 system described in subsection (a) and respond 


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1 in writing to the Council regarding the rec2 ommendations. 

3 ‘‘(D) Eliminate gaps and duplication in 

4 statistical undertakings. 

5 ‘‘(E) Through the Bureau of Labor Statis6 tics and the Employment and Training Admin7 istration, and in collaboration with States, de8 velop and maintain the elements of the work9 force and labor market information system de10 scribed in subsection (a), including the develop11 ment of consistent procedures and definitions 

12 for use by the States in collecting the data and 

13 information described in subparagraphs (A) and 

14 (B) of subsection (a)(1). 

15 ‘‘(F) Establish procedures for the system 

16 to ensure that— 

17 ‘‘(i) such data and information are 

18 timely; and 

19 ‘‘(ii) paperwork and reporting for the 

20 system are reduced to a minimum.’’. 

21 (d) TWO-YEAR PLAN.—Section 15 of the Wagner22 Peyser Act (29 U.S.C. 49l–2) is amended by striking sub23 section (c) and inserting the following: 

24 ‘‘(c) TWO-YEAR PLAN.—The Secretary, acting 

25 through the Commissioner of Labor Statistics and the AsVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 sistant Secretary for Employment and Training, and in 

2 consultation with the Workforce Information Advisory 

3 Council described in subsection (d) and heads of other ap4 propriate Federal agencies, shall prepare a 2-year plan for 

5 the workforce and labor market information system. The 

6 plan shall be developed and implemented in a manner that 

7 takes into account the activities described in State plans 

8 submitted by States under section 112 or 113 of the 

9 Workforce Investment Act of 2013 and shall be submitted 

10 to the Committee on Education and the Workforce of the 

11 House of Representatives and the Committee on Health, 

12 Education, Labor, and Pensions of the Senate. The plan 

13 shall include— 

14 ‘‘(1) a description of how the Secretary will 

15 work with the States to manage the nationwide 

16 workforce and labor market information system de17 scribed in subsection (a) and the statewide work18 force and labor market information systems that 

19 comprise the nationwide system; 

20 ‘‘(2) a description of the steps to be taken in 

21 the following 2 years to carry out the duties de22 scribed in subsection (b)(2); 

23 ‘‘(3) an evaluation of the performance of the 

24 system, with particular attention to the improve25 ments needed at the State and local levels; 


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1 ‘‘(4) a description of the involvement of States 

2 in the development of the plan, through consultation 

3 by the Secretary with the Workforce Information 

4 Advisory Council in accordance with subsection (d); 

5 and 

6 ‘‘(5) a description of the written recommenda7 tions received from the Workforce Information Advi8 sory Council established under subsection (d), and 

9 the extent to which those recommendations were in10 corporated into the plan.’’. 

11 (e) WORKFORCE INFORMATION ADVISORY COUN12 CIL.—Section 15 of the Wagner-Peyser Act (29 U.S.C. 

13 49l–2) is amended by striking subsection (d) and inserting 

14 the following: 

15 ‘‘(d) WORKFORCE INFORMATION ADVISORY COUN16 CIL.— 

17 ‘‘(1) IN GENERAL.—The Secretary, through the 

18 Commissioner of Labor Statistics and the Assistant 

19 Secretary of Labor for Employment and Training, 

20 shall formally consult at least twice annually with 

21 the Workforce Information Advisory Council estab22 lished in accordance with paragraph (2). Such con23 sultations shall address the evaluation and improve24 ment of the nationwide workforce and labor market 

25 information system described in subsection (a) and 


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1 the statewide workforce and labor market informa2 tion systems that comprise the nationwide system 

3 and how the Department of Labor and the States 

4 will cooperate in the management of such systems. 

5 The Council shall provide written recommendations 

6 to the Secretary concerning the evaluation and im7 provement of the nationwide system, including any 

8 recommendations regarding the 2-year plan de9 scribed in subsection (c). 

10 ‘‘(2) ESTABLISHMENT OF COUNCIL.— 

11 ‘‘(A) ESTABLISHMENT.—The Secretary 

12 shall establish an advisory council that shall be 

13 known as the Workforce Information Advisory 

14 Council (referred to in this section as the 

15 ‘Council’) to participate in the consultations 

16 and provide the recommendations described in 

17 paragraph (1). 

18 ‘‘(B) MEMBERSHIP.—The Secretary shall 

19 appoint the members of the Council, which shall 

20 consist of— 

21 ‘‘(i) 4 members who are representa22 tives of lead State agencies with responsi23 bility for workforce investment activities, 

24 or State agencies described in section 4, 

25 who have been nominated by such agencies 


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1 or by a national organization that rep2 resents such agencies; 

3 ‘‘(ii) 4 members who are representa4 tives of the State workforce and labor mar5 ket information directors affiliated with the 

6 State agencies that perform the duties de7 scribed in subsection (e)(2), who have been 

8 nominated by the directors; 

9 ‘‘(iii) 1 member who is a representa10 tive of providers of training services under 

11 section 222 of the Workforce Investment 

12 Act of 2013; 

13 ‘‘(iv) 1 member who is a representa14 tive of economic development entities; 

15 ‘‘(v) 1 member who is a representative 

16 of businesses, who has been nominated by 

17 national business organizations or trade 

18 associations; 

19 ‘‘(vi) 1 member who is a representa20 tive of labor organizations, who has been 

21 nominated by a national labor federation; 

22 ‘‘(vii) 1 member who is a representa23 tive of local workforce development boards, 

24 who has been nominated by a national or25 ganization representing such boards; and 


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1 ‘‘(viii) 1 member who is a representa2 tive of research entities that utilize work3 force and labor market information. 

4 ‘‘(C) GEOGRAPHIC DIVERSITY.—The Sec5 retary shall ensure that the membership of the 

6 Council is geographically diverse and that no 2 

7 of the members appointed under clauses (i), 

8 (ii), and (vii) represent the same State. 

9 ‘‘(D) PERIOD OF APPOINTMENT; VACAN10 CIES.— 

11 ‘‘(i) IN GENERAL.—Each member of 

12 the Council shall be appointed for a term 

13 of 3 years, except that the initial terms for 

14 members may be 1, 2, or 3 years in order 

15 to establish a rotation in which one-third 

16 of the members are selected each year. Any 

17 such member may be appointed for not 

18 more than 2 consecutive terms. 

19 ‘‘(ii) VACANCIES.—Any member ap20 pointed to fill a vacancy occurring before 

21 the expiration of the term for which the 

22 member’s predecessor was appointed shall 

23 be appointed only for the remainder of that 

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1 ration of that member’s term until a suc2 cessor has taken office. 

3 ‘‘(E) TRAVEL EXPENSES.—The members 

4 of the Council shall not receive compensation 

5 for the performance of services for the Council, 

6 but shall be allowed travel expenses, including 

7 per diem in lieu of subsistence, at rates author8 ized for employees of agencies under subchapter 

9 I of chapter 57 of title 5, United States Code, 

10 while away from their homes or regular places 

11 of business in the performance of services for 

12 the Council. Notwithstanding section 1342 of 

13 title 31, United States Code, the Secretary may 

14 accept the voluntary and uncompensated serv15 ices of members of the Council. 

16 ‘‘(F) PERMANENT COUNCIL.—Section 14 

17 of the Federal Advisory Committee Act (5 

18 U.S.C. App.) shall not apply to the Council.’’. 

19 (f) STATE RESPONSIBILITIES.—Section 15(e) of the 

20 Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— 

21 (1) by striking ‘‘employment statistics’’ each 

22 place it appears and inserting ‘‘workforce and labor 

23 market information’’; 


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1 (2) in paragraph (1)(A) by striking ‘‘annual 

2 plan’’ and inserting ‘‘plan described in subsection 

3 (c)’’; and 

4 (3) in paragraph (2)— 

5 (A) in subparagraph (G), by inserting 

6 ‘‘and’’ at the end; 

7 (B) by striking subparagraph (H); 

8 (C) in subparagraph (I), by striking ‘‘sec9 tion 136(f)(2) of the Workforce Investment Act 

10 of 1998’’ and inserting ‘‘section 131(i)(2) of the 

11 Workforce Investment Act of 2013’’; and 

12 (D) by redesignating subparagraph (I) as 

13 subparagraph (H). 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is 

16 amended by striking ‘‘1999 through 2004’’ and inserting 

17 ‘‘2014 through 2018’’. 

18 TITLE V—AMENDMENTS TO THE 

19 REHABILITATION ACT OF 1973 

20 Subtitle A—Introductory 

21 Provisions 

22 SEC. 501. REFERENCES. 

23 Except as otherwise specifically provided, whenever in 

24 this title an amendment or repeal is expressed in terms 

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1 ment or repeal shall be considered to be made to a provi2 sion of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 

3 seq.). 

4 SEC. 502. FINDINGS, PURPOSE, POLICY. 

5 (a) FINDINGS.—Section 2(a) (29 U.S.C. 701(a)) is 

6 amended— 

7 (1) in paragraph (4), by striking ‘‘workforce in8 vestment systems under title I of the Workforce In9 vestment Act of 1998’’ and inserting ‘‘workforce de10 velopment systems defined in section 101 of the 

11 Workforce Investment Act of 2013’’; 

12 (2) in paragraph (5), by striking ‘‘and’’ at the 

13 end; 

14 (3) in paragraph (6), by striking the period and 

15 inserting ‘‘; and’’; and 

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

17 ‘‘(7)(A) a high proportion of students with dis18 abilities is leaving secondary education without being 

19 employed in competitive integrated employment, or 

20 being enrolled in postsecondary education; and 

21 ‘‘(B) there is a substantial need to support such 

22 students as they transition from school to postsec23 ondary life.’’. 

24 (b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is 

25 amended— 


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1 (1) in paragraph (1)— 

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

3 ‘‘workforce investment systems implemented in 

4 accordance with title I of the Workforce Invest5 ment Act of 1998’’ and inserting ‘‘workforce 

6 development systems defined in section 101 of 

7 the Workforce Investment Act of 2013’’; and 

8 (B) at the end of subparagraph (F), by 

9 striking ‘‘and’’; 

10 (2) by redesignating paragraph (2) as para11 graph (3); 

12 (3) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) to maximize opportunities for individuals 

15 with disabilities, including individuals with signifi16 cant disabilities, for competitive integrated employ17 ment;’’; 

18 (4) in paragraph (3), as redesignated by para19 graph (2), by striking the period at the end and in20 serting a semicolon; and 

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

22 ‘‘(4) to increase employment opportunities and 

23 employment outcomes for individuals with disabil24 ities, including through encouraging meaningful 

25 input by employers and vocational rehabilitation 


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1 service providers on successful and prospective em2 ployment and placement strategies; and 

3 ‘‘(5) to ensure, to the greatest extent possible, 

4 that youth with disabilities and students with dis5 abilities who are transitioning from receipt of special 

6 education services under the Individuals with Dis7 abilities Education Act (20 U.S.C. 1400 et seq.) and 

8 receipt of services under section 504 of this Act are 

9 either continuing their education or employed in 

10 competitive integrated employment.’’. 

11 SEC. 503. DISABILITY EMPLOYMENT SERVICES AND SUP12 PORTS ADMINISTRATION. 

13 Section 3 (29 U.S.C. 702) is amended— 

14 (1) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a)(1) There is established in the Department of 

17 Labor, in the Office of Disability Employment Policy, 

18 Services, and Supports, a Disability Employment Services 

19 and Supports Administration. The Administration shall be 

20 headed by a Commissioner (referred to in this Act as the 

21 ‘Commissioner’), appointed by the President by and with 

22 the advice and consent of the Senate. Such Administration 

23 shall be the principal agency, and the Commissioner shall 

24 be the principal officer, of the Department of Labor for 

25 carrying out titles I, III, and VI. 


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1 ‘‘(2) The Commissioner shall be an individual with 

2 substantial experience in programs that increase employ3 ment opportunities for individuals with disabilities in com4 petitive integrated employment, including through the pro5 vision of employment services, education, training, and 

6 supports. 

7 ‘‘(3) In performing the functions of the office, the 

8 Commissioner shall be directly responsible to the Assistant 

9 Secretary of Disability Employment Policy, Services, and 

10 Supports. The functions of the Commissioner shall not be 

11 delegated to any other officer unless the officer is directly 

12 responsible to the Assistant Secretary of Disability Em13 ployment Policy, Services, and Supports.’’; 

14 (2) by redesignating subsection (b) as sub15 section (c); 

16 (3) by inserting after subsection (a) the fol17 lowing: 

18 ‘‘(b) The Secretary of Labor shall ensure that— 

19 ‘‘(1) the Disability Employment Services and 

20 Supports Administration provides effective oversight 

21 of, conducts monitoring of, and provides technical 

22 assistance to, the designated State agencies funded 

23 under this Act; and 

24 ‘‘(2) the staff providing such oversight, moni25 toring, and technical assistance includes individuals 


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1 who have training in and experience with the pro2 grams administered by the Administration.’’; and 

3 (4) in subsection (c), as redesignated by para4 graph (2), by inserting ‘‘of Labor’’ after ‘‘Sec5 retary’’. 

6 SEC. 504. DEFINITIONS. 

7 Section 7 (29 U.S.C. 705) is amended— 

8 (1) in paragraph (2)— 

9 (A) in the matter preceding subparagraph 

10 (A), by inserting after ‘‘means’’ the following: 

11 ‘‘an assessment that presumes a goal of an em12 ployment outcome for all individuals with dis13 abilities (including individuals with significant 

14 disabilities and individuals with the most sig15 nificant disabilities), and that relies on’’; and 

16 (B) in subparagraph (B)— 

17 (i) in clause (iii), by striking ‘‘and’’ at 

18 the end; 

19 (ii) in clause (iv), by striking the 

20 semicolon and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing— 

23 ‘‘(v) to the maximum extent possible, 

24 relies on information obtained from experi25 ences in integrated employment settings in 


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1 the community, and other integrated com2 munity settings;’’; 

3 (2) by striking paragraphs (3) and (4) and in4 serting the following: 

5 ‘‘(3) ASSISTIVE TECHNOLOGY TERMS.— 

6 ‘‘(A) ASSISTIVE TECHNOLOGY.—The term 

7 ‘assistive technology’ has the meaning given 

8 such term in section 3 of the Assistive Tech9 nology Act of 1998 (29 U.S.C. 3002). 

10 ‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.— 

11 The term ‘assistive technology device’ has the 

12 meaning given such term in section 3 of the As13 sistive Technology Act of 1998, except that the 

14 reference in such section to the term ‘individ15 uals with disabilities’ shall be deemed to mean 

16 more than 1 individual with a disability as de17 fined in paragraph (20)(A)). 

18 ‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.— 

19 The term ‘assistive technology service’ has the 

20 meaning given such term in section 3 of the As21 sistive Technology Act of 1998, except that the 

22 reference in such section— 

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1 vidual with a disability, as defined in para2 graph (20)(A); and 

3 ‘‘(ii) to the term ‘individuals with dis4 abilities’ shall be deemed to mean more 

5 than 1 such individual.’’; 

6 (3) by redesignating paragraph (5) as para7 graph (4); 

8 (4) in paragraph (4), as redesignated by para9 graph (3)— 

10 (A) by redesignating subparagraphs (O) 

11 through (Q) as subparagraphs (P) through (R); 

12 (B) by inserting after subparagraph (N) 

13 the following: 

14 ‘‘(O) customized employment services;’’; 

15 and 

16 (C) in subparagraph (R), as redesignated 

17 by subparagraph (A) of this paragraph, by 

18 striking ‘‘(P)’’ and inserting ‘‘(Q)’’; 

19 (5) by inserting before paragraph (6) the fol20 lowing: 

21 ‘‘(5) COMPETITIVE INTEGRATED EMPLOY22 MENT.— 

23 ‘‘(A) IN GENERAL.—The term ‘competitive 

24 integrated employment’ means work, including 


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1 self-employment, performed by an employee who 

2 is an individual with a disability— 

3 ‘‘(i) that is compensated— 

4 ‘‘(I) at a rate that— 

5 ‘‘(aa) is the same rate as the 

6 rate for other employees who are 

7 not individuals with disabilities, 

8 and who are similarly situated in 

9 similar occupations by the same 

10 employer and who have similar 

11 training, experience, and skills; 

12 and 

13 ‘‘(bb) shall be in accordance 

14 with the applicable law, but in no 

15 event less than the higher of the 

16 rate specified in section 6(a)(1) 

17 of the Fair Labor Standards Act 

18 of 1938 (29 U.S.C. 206(a)(1)) or 

19 the applicable State or local min20 imum wage law; or 

21 ‘‘(II) in the case of an individual 

22 who is self-employed, at an income 

23 that is comparable to the income re24 ceived by other individuals who are 

25 not individuals with disabilities, and 


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1 who are self-employed in similar occu2 pations or on similar tasks and who 

3 have similar training, experience, and 

4 skills; 

5 ‘‘(ii) due to which the employee is eli6 gible for the same employment benefits as 

7 are provided to other employees; 

8 ‘‘(iii) that is at a location where the 

9 employee has the opportunity to interact 

10 with other employees who are not individ11 uals with disabilities (not including super12 visory personnel); and 

13 ‘‘(iv) that presents opportunities for 

14 advancement that are equivalent to those 

15 for other employees who are not individ16 uals with disabilities and who have com17 parable positions. 

18 ‘‘(B) INCLUSION OF CUSTOMIZED OR SUP19 PORTED EMPLOYMENT.—The term ‘competitive 

20 integrated employment’ includes integrated em21 ployment resulting from the provision of cus22 tomized employment strategies or supported 

23 employment services, as long as the work in24 volved satisfies the criteria described in sub25 paragraph (A).’’; 


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1 (6) in paragraph (6)(B), by striking ‘‘includes’’ 

2 and all that follows through ‘‘fees’’ and inserting 

3 ‘‘includes architects’ fees’’; 

4 (7) by inserting after paragraph (6) the fol5 lowing: 

6 ‘‘(7) CUSTOMIZED EMPLOYMENT.—The term 

7 ‘customized employment’ means competitive inte8 grated employment, for an individual with a signifi9 cant disability, that is based on an individualized de10 termination of the strengths, needs, and interests of 

11 the individual with a significant disability, is de12 signed to meet the specific abilities of the individual 

13 with a significant disability and the business needs 

14 of the employer, and is carried out through flexible 

15 strategies, such as— 

16 ‘‘(A) job exploration by the individual; and 

17 ‘‘(B) working with an employer to facili18 tate placement, including— 

19 ‘‘(i) customizing a job description 

20 based on current employer needs or on pre21 viously unidentified and unmet employer 

22 needs; 

23 ‘‘(ii) developing a set of job duties, a 

24 work schedule and job arrangement, and 

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1 ance evaluation and review), and deter2 mining a job location; 

3 ‘‘(iii) representation by a professional 

4 chosen by the individual, or self-represen5 tation of the individual, in working with an 

6 employer to facilitate placement; and 

7 ‘‘(iv) providing services and supports 

8 at the job location.’’; 

9 (8) in paragraph (9)(B), by striking ‘‘14,’’ and 

10 inserting ‘‘14, 14A,’’; 

11 (9) in paragraph (11)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘competitive’’ and all that follows and inserting 

14 ‘‘competitive integrated employment;’’; and 

15 (B) in subparagraph (C)— 

16 (i) by inserting ‘‘of Labor’’ after 

17 ‘‘Secretary’’; and 

18 (ii) by inserting ‘‘customized employ19 ment,’’ before ‘‘self-employment,’’; 

20 (10) in paragraph (12), by inserting ‘‘of Labor’’ 

21 after ‘‘Secretary’’ each place it appears; 

22 (11) in paragraph (14)(C), by inserting ‘‘of 

23 Labor’’ after ‘‘Secretary’’; 

24 (12) in paragraph (17)— 


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1 (A) by striking the ‘‘and’’ at the end of 

2 subparagraph (C); 

3 (B) in subparagraph (D), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

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

7 ‘‘(E) services that— 

8 ‘‘(i) facilitate the transition of individ9 uals with significant disabilities from nurs10 ing homes and other institutions to home 

11 and community-based residences, with the 

12 requisite supports and services; 

13 ‘‘(ii) provide assistance to individuals 

14 with significant disabilities who are at risk 

15 of entering institutions so that the individ16 uals may remain in the community; and 

17 ‘‘(iii) facilitate the transition of youth 

18 (including students) who are individuals 

19 with significant disabilities, who were eligi20 ble for individualized education programs 

21 under section 614(d) of the Individuals 

22 with Disabilities Education Act (20 U.S.C. 

23 1414(d)), and who have completed their 

24 secondary education or otherwise left 


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1 school, to postsecondary life, including em2 ployment; and 

3 ‘‘(F) services to promote full access to 

4 community life.’’; 

5 (13) in paragraph (18), by striking ‘‘term’’ and 

6 all that follows through ‘‘includes—’’ and inserting 

7 ‘‘term ‘independent living services’ includes—’’; 

8 (14) in paragraph (20)(B)— 

9 (A) by striking ‘‘14,’’ and inserting ‘‘14, 

10 14A,’’; and 

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

12 ‘‘VII, and VIII’’; 

13 (15) in paragraph (23), by striking ‘‘section 

14 101’’ and inserting ‘‘section 102’’; 

15 (16) by striking paragraph (25) and inserting 

16 the following: 

17 ‘‘(25) LOCAL WORKFORCE DEVELOPMENT

18 BOARD.—The term ‘local workforce development 

19 board’ means a local board, as defined in section 

20 101 of the Workforce Investment Act of 2013.’’; 

21 (17) by striking paragraph (37); 

22 (18) by redesignating paragraphs (29) through 

23 (39) as paragraphs (31) through (36), and (38) 

24 through (41), respectively; 


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1 (19) by inserting after paragraph (28) the fol2 lowing: 

3 ‘‘(29) POSTEMPLOYMENT SERVICE.—The term 

4 ‘postemployment service’ means a service identified 

5 under section 103(a) that is— 

6 ‘‘(A) provided subsequent to the achieve7 ment of an employment outcome; and 

8 ‘‘(B) necessary for an individual to main9 tain or regain competitive integrated employ10 ment, consistent with the individual’s strengths, 

11 resources, priorities, concerns, abilities, capa12 bilities, interests, and informed choice. 

13 ‘‘(30) PRE-EMPLOYMENT TRANSITION SERV14 ICES.— 

15 ‘‘(A) IN GENERAL.—The term ‘pre-employ16 ment transition services’ means a coordinated 

17 set of activities for a student with a disability 

18 who is eligible or potentially eligible for services 

19 under title I, designed within an outcome-ori20 ented process, that promotes movement from 

21 school to postschool activities, including post22 secondary education, vocational training, com23 petitive integrated employment (including sup24 ported employment), adult education, adult 


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1 services, independent living, or community par2 ticipation. 

3 ‘‘(B) SPECIFIC SERVICES.—The term ‘pre4 employment transition services’ means a set of 

5 services, that is available to students with dis6 abilities who are eligible or potentially eligible 

7 for services under title I, and that makes avail8 able— 

9 ‘‘(i) job exploration counseling; 

10 ‘‘(ii) work-based learning experience, 

11 such as in-school or after school work ex12 perience, or work experience outside the 

13 traditional school setting (such as experi14 ence through job training or internships), 

15 that is provided in an integrated environ16 ment to the maximum extent possible; 

17 ‘‘(iii) counseling on opportunities for 

18 enrollment in a comprehensive transition 

19 or postsecondary educational program at 

20 an institution of higher education; 

21 ‘‘(iv) school-based preparatory em22 ployment experiences such as role playing, 

23 social skills development, and independent 

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1 cational agency under the Individuals with 

2 Disabilities Education Act (20 U.S.C. 

3 1400 et seq.); and 

4 ‘‘(v) instruction in self-advocacy, indi5 vidual rights, self-determination skills, and 

6 the informed consent process, as well as 

7 peer mentoring. 

8 ‘‘(C) COORDINATED SET OF ACTIVITIES.— 

9 For purposes of subparagraph (A), the coordi10 nated set of activities shall be provided in a 

11 manner that leverages appropriate resources 

12 and services available outside the vocational re13 habilitation program described in title I and 

14 shall be based on the individual needs of a stu15 dent with a disability, taking into account the 

16 student’s preferences and interests, and shall 

17 include education and training, community ex18 periences, the development of employment and 

19 other adult living objectives, and, when appro20 priate, acquisition of daily living skills and 

21 functional vocational evaluation.’’; 

22 (20) by striking paragraph (33), as redesig23 nated by paragraph (18), and inserting the fol24 lowing: 


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1 ‘‘(33) SECRETARY.—Unless where the context 

2 otherwise requires, the term ‘Secretary’— 

3 ‘‘(A) used in title I, III, V, VI, or VIII, 

4 means the Secretary of Labor; and 

5 ‘‘(B) used in title II or VII, means the 

6 Secretary of Health and Human Services.’’; 

7 (21) by striking paragraphs (35) and (36), as 

8 redesignated by paragraph (18), and inserting the 

9 following: 

10 ‘‘(35) STATE WORKFORCE DEVELOPMENT

11 BOARD.—The term ‘State workforce development 

12 board’ means a State board, as defined in section 

13 101 of the Workforce Investment Act of 2013. 

14 ‘‘(36) STATEWIDE WORKFORCE DEVELOPMENT

15 SYSTEM.—The term ‘statewide workforce develop16 ment system’ means a workforce development sys17 tem, as defined in section 101 of the Workforce In18 vestment Act of 2013.’’; 

19 (22) by inserting after that paragraph (36) the 

20 following: 

21 ‘‘(37) STUDENT WITH A DISABILITY.— 

22 ‘‘(A) IN GENERAL.—The term ‘student 

23 with a disability’ means an individual with a 

24 disability who— 


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1 ‘‘(i) attends an elementary school, sec2 ondary school, or institution of higher edu3 cation; 

4 ‘‘(ii)(I)(aa) is not younger than the 

5 earliest age for the provision of transition 

6 services under section 

7 614(d)(1)(A)(i)(VIII) of the Individuals 

8 with Disabilities Education Act (20 U.S.C. 

9 1414(d)(1)(A)(i)(VIII)); or 

10 ‘‘(bb) if the State involved elects to 

11 use a lower minimum age for receipt of 

12 pre-employment transition services under 

13 this Act, is not younger than that min14 imum age; and 

15 ‘‘(II)(aa) is not older than 21 years of 

16 age; or 

17 ‘‘(bb) if the State law for the State 

18 provides for a higher maximum age for re19 ceipt of services under the Individuals with 

20 Disabilities Education Act (20 U.S.C. 

21 1400 et seq.), is not older than that max22 imum age; and 

23 ‘‘(iii)(I) is eligible for, and receiving, 

24 special education or related services under 


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1 part B of the Individuals with Disabilities 

2 Education Act (20 U.S.C. 1411 et seq.); or 

3 ‘‘(II) is an individual with a disability, 

4 for purposes of section 504. 

5 ‘‘(B) STUDENTS WITH DISABILITIES.—The 

6 term ‘students with disabilities’ means more 

7 than 1 student with a disability.’’; 

8 (23) by striking paragraphs (38) and (39), as 

9 redesignated by paragraph (18), and inserting the 

10 following: 

11 ‘‘(38) SUPPORTED EMPLOYMENT.—The term 

12 ‘supported employment’ means competitive inte13 grated employment, including customized employ14 ment, that is individualized and customized con15 sistent with the strengths, abilities, interests, and in16 formed choice of the individuals involved, for individ17 uals with the most significant disabilities— 

18 ‘‘(A)(i) for whom competitive integrated 

19 employment has not historically occurred; or 

20 ‘‘(ii) for whom competitive integrated em21 ployment has been interrupted or intermittent 

22 as a result of a significant disability; and 

23 ‘‘(B) who, because of the nature and sever24 ity of their disability, need intensive supported 

25 employment services and may need extended 


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1 services after the transition described in para2 graph (13)(C), in order to perform the work in3 volved. 

4 ‘‘(39) SUPPORTED EMPLOYMENT SERVICES.— 

5 The term ‘supported employment services’ means 

6 ongoing support services, including customized em7 ployment, needed to support and maintain an indi8 vidual with a most significant disability in supported 

9 employment, that— 

10 ‘‘(A) are provided singly or in combination 

11 and are organized and made available in such 

12 a way as to assist an eligible individual to 

13 achieve an employment outcome in competitive 

14 integrated employment; 

15 ‘‘(B) are based on a determination of the 

16 needs of an eligible individual, as specified in an 

17 individualized plan for employment; and 

18 ‘‘(C) are provided by the designated State 

19 unit for a period of not more than 24 months, 

20 except that that period may be extended, if nec21 essary, in order to achieve the employment out22 come identified in the individualized plan for 

23 employment.’’; 


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1 (24) in paragraph (41), as redesignated by 

2 paragraph (18), by striking ‘‘1998’’ and inserting 

3 ‘‘2013’’; and 

4 (25) by inserting after paragraph (41), as re5 designated by paragraph (18), the following: 

6 ‘‘(42) YOUTH WITH A DISABILITY.— 

7 ‘‘(A) IN GENERAL.—The term ‘youth with 

8 a disability’ means an individual with a dis9 ability who— 

10 ‘‘(i) is not younger than 14 years of 

11 age; and 

12 ‘‘(ii) is not older than 25 years of age. 

13 ‘‘(B) YOUTH WITH DISABILITIES.—The 

14 term ‘youth with disabilities’ means more than 

15 1 youth with a disability.’’. 

16 SEC. 505. ADMINISTRATION OF THE ACT. 

17 (a) PROMULGATION.—Section 8(a)(2) (29 U.S.C. 

18 706(a)(2)) is amended by inserting ‘‘of Labor’’ after ‘‘Sec19 retary’’. 

20 (b) ADMINISTRATION BY THE SECRETARY OF

21 LABOR.—Section 12 (29 U.S.C. 709) is amended— 

22 (1) in the section header, by striking ‘‘OF THE

23 ACT’’ and inserting ‘‘BY THE SECRETARY OF

24 LABOR’’; 

25 (2) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘(1)’’ and inserting 

3 ‘‘(1)(A)’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(B) provide technical assistance to the des7 ignated State units on developing successful partner8 ships with local and multi-State businesses in an ef9 fort to increase the employment of individuals with 

10 disabilities; 

11 ‘‘(C) provide technical assistance to providers 

12 and organizations on developing self-employment op13 portunities and outcomes for individuals with dis14 abilities; and 

15 ‘‘(D) provide technical assistance to entities 

16 carrying out community rehabilitation programs to 

17 build their internal capacity to provide individualized 

18 services and supports leading to competitive inte19 grated employment, and to transition individuals 

20 with disabilities away from nonintegrated settings;’’; 

21 and 

22 (B) in paragraph (2), by striking ‘‘, cen23 ters for independent living,’’; 

24 (3) in subsections (d), (e), and (f), by inserting 

25 ‘‘of Labor’’ after ‘‘Secretary’’ each place it appears; 


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1 (4) in subsection (e), by striking ‘‘Rehabilita2 tion Act Amendments of 1998’’ each place it ap3 pears and inserting ‘‘Workforce Investment Act of 

4 2013’’; 

5 (5) by redesignating subsection (g) as sub6 section (h); and 

7 (6) by inserting after subsection (f) the fol8 lowing: 

9 ‘‘(g) In this section, a reference to ‘this Act’ means 

10 a provision of this Act that the Secretary of Labor has 

11 authority to carry out.’’. 

12 (c) ADMINISTRATION BY THE SECRETARY OF

13 HEALTH AND HUMAN SERVICES.—The Act is amended 

14 by inserting after section 12 (29 U.S.C. 709) the fol15 lowing: 

16 ‘‘SEC. 12A. ADMINISTRATION BY THE SECRETARY OF 

17 HEALTH AND HUMAN SERVICES. 

18 ‘‘(a) AUTHORITIES.—In carrying out the purposes of 

19 this Act, the ILA Director may— 

20 ‘‘(1) provide consultative services and technical 

21 assistance to public or nonprofit private agencies 

22 and organizations, including assistance to enable 

23 such agencies and organizations to facilitate mean24 ingful and effective collaboration with independent 

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1 pendent living for individuals with disabilities in 

2 community activities; 

3 ‘‘(2) provide short-term training and technical 

4 instruction, including training for the personnel of 

5 centers for independent living and Statewide Inde6 pendent Living Councils; 

7 ‘‘(3) conduct special projects and demonstra8 tions; 

9 ‘‘(4) collect, prepare, publish, and disseminate 

10 educational or informational materials, including re11 ports of the projects for which funds are provided 

12 under this Act; and 

13 ‘‘(5) provide monitoring and conduct evalua14 tions. 

15 ‘‘(b) AUTHORITIES CONCERNING OTHER AGEN16 CIES.— 

17 ‘‘(1) SERVICES AND FACILITIES.—In carrying 

18 out the duties under this Act, the ILA Director may 

19 utilize the services and facilities of any agency of the 

20 Federal Government and of any other public or non21 profit agency or organization, in accordance with 

22 agreements between the ILA Director and the head 

23 thereof, and may pay therefor, in advance or by way 

24 of reimbursement, as may be provided in the agree25 ment. 


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1 ‘‘(2) TASK FORCES.—In carrying out the provi2 sions of this Act, the ILA Director shall appoint 

3 such task forces as may be necessary to collect and 

4 disseminate information in order to improve the abil5 ity of the ILA Director to carry out the provisions 

6 of this Act. 

7 ‘‘(c) REGULATIONS GENERALLY.—The Secretary of 

8 Health and Human Services may promulgate such regula9 tions as are considered appropriate to carry out the ILA 

10 Director’s duties under this Act. 

11 ‘‘(d) REGULATIONS TO IMPLEMENT THE WORK12 FORCE INVESTMENT ACT OF 2013.—Not later than 180 

13 days after the date of enactment of the Workforce Invest14 ment Act of 2013, the Secretary of Health and Human 

15 Services shall receive public comment and promulgate reg16 ulations to implement the amendments made by the Work17 force Investment Act of 2013. 

18 ‘‘(e) NECESSITY.—In promulgating regulations to 

19 carry out this Act, the Secretary of Health and Human 

20 Services shall promulgate only regulations that are nec21 essary to administer and ensure compliance with the spe22 cific requirements of this Act. 

23 ‘‘(f) APPLICATION.—In this section, a reference to 

24 ‘this Act’ means a provision of this Act that the Secretary 

25 of Health and Human Services has authority to carry out. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary.’’. 

4 SEC. 506. REPORTS. 

5 Section 13 (29 U.S.C. 710) is amended— 

6 (1) in section (c)— 

7 (A) by striking ‘‘(c)’’ and inserting 

8 ‘‘(c)(1)’’; 

9 (B) in the second sentence, by striking 

10 ‘‘section 136(d) of the Workforce Investment 

11 Act of 1998’’ and inserting ‘‘section 131(d)(2) 

12 of the Workforce Investment Act of 2013’’; and 

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

14 ‘‘(2) The ILA Director described in section 701A 

15 shall include, in the annual report, information on the ex16 tent to which centers for independent living receiving 

17 funds under part C of title VII have complied with the 

18 standards and assurances set forth in section 725. The 

19 ILA Director may identify individual centers for inde20 pendent living in the analysis contained in that informa21 tion. The ILA Director shall include in the report the re22 sults of onsite compliance reviews, identifying individual 

23 centers for independent living and other recipients of as24 sistance under part C of title VII.’’; and 

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


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1 ‘‘(d)(1)(A) The Commissioner shall ensure that the 

2 reports, information, and data described in subparagraph 

3 (B) are made publicly available in a timely manner, includ4 ing through electronic means, in order to inform the public 

5 about the administration and performance of programs in 

6 each State under this Act. 

7 ‘‘(B) The reports, information, and data referred to 

8 in subparagraph (A) shall consist of— 

9 ‘‘(i) reports submitted by a designated State 

10 agency or designated State unit under this Act; 

11 ‘‘(ii) accountability information, including State 

12 performance information relating to evaluation 

13 standards and performance indicators, and addi14 tional performance accountability indicators, under 

15 section 106, including information on compliance 

16 with such standards, indicators, and measures, relat17 ing to individuals with disabilities, submitted by a 

18 designated State agency or designated State unit 

19 under this Act, or submitted by a State to the Sec20 retary of Labor or the Secretary of Education under 

21 section 131 of the Workforce Investment Act of 

22 2013; 

23 ‘‘(iii) data collected from each designated State 

24 unit under this Act with the approval of the Office 

25 of Management and Budget, which shall be made 


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1 publicly available in the aggregate, and in a manner 

2 that will not reveal personally identifiable informa3 tion; and 

4 ‘‘(iv) reports from monitoring conducted under 

5 this Act, including relevant reports required under 

6 section 131 of the Workforce Investment Act of 

7 2013 and other relevant reports, information, and 

8 data required under title I of such Act. 

9 ‘‘(C)(i) The Commissioner shall ensure that the infor10 mation described in clause (ii) is made publicly available 

11 in a timely manner, including through electronic means. 

12 ‘‘(ii) The information referred to in clause (i) is— 

13 ‘‘(I) the reports, information, and data required 

14 to be submitted by designated State units or des15 ignated State agencies under this Act; 

16 ‘‘(II) evaluations, studies, and audits conducted 

17 by Federal agencies, concerning programs carried 

18 out under this Act; and 

19 ‘‘(III) a list that specifies the designated State 

20 unit or designated State agency for each State, in21 cluding a link to the website maintained by each 

22 such unit or agency. 

23 ‘‘(2) The Commissioner shall maintain public use 

24 read-only access to the State and aggregated reports, and 

25 analyzed data, concerning programs carried out under this 


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1 Act, that are filed and maintained in the Disability Em2 ployment Services and Supports Administration manage3 ment information system or a system maintained by the 

4 Department of Labor.’’. 

5 SEC. 507. EVALUATION AND INFORMATION. 

6 (a) EVALUATION BY THE SECRETARY OF LABOR.— 

7 Section 14 (29 U.S.C. 711)— 

8 (1) in the section header, by striking ‘‘EVALUA9 TION’’ and inserting ‘‘EVALUATION BY THE SEC10 RETARY OF LABOR’’; 

11 (2) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 

12 each place it appears; 

13 (3) in subsection (f)(2), by striking ‘‘non14 integrated to integrated employment’’ and inserting 

15 ‘‘nonintegrated to competitive integrated employ16 ment’’; 

17 (4) by redesignating subsection (g) as sub18 section (h); and 

19 (5) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) In this section, a reference to ‘this Act’ means 

22 a provision of this Act that the Secretary of Labor has 

23 authority to carry out.’’. 


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1 (b) EVALUATION BY THE SECRETARY OF HEALTH

2 AND HUMAN SERVICES.—The Act is amended by inserting 

3 after section 14 (29 U.S.C. 711) the following: 

4 ‘‘SEC. 14A. EVALUATION BY THE SECRETARY OF HEALTH 

5 AND HUMAN SERVICES. 

6 ‘‘(a) IN GENERAL.—For the purpose of improving 

7 program management and effectiveness, the Secretary of 

8 Health and Human Services, in consultation with the ILA 

9 Director, shall evaluate all the programs authorized by 

10 this Act, their general effectiveness in relation to their 

11 cost, their impact on related programs, and their structure 

12 and mechanisms for delivery of services, using appropriate 

13 methodology and evaluative research designs. The Sec14 retary of Health and Human Services shall establish and 

15 use standards for the evaluations required by this sub16 section. Such an evaluation shall be conducted by a person 

17 not immediately involved in the administration of the pro18 gram evaluated. 

19 ‘‘(b) PARTICIPANT OPINIONS.—In carrying out eval20 uations under this section, the Secretary of Health and 

21 Human Services shall obtain the opinions of program and 

22 project participants about the strengths and weaknesses 

23 of the programs and projects. 

24 ‘‘(c) PROPERTY.—The Secretary of Health and 

25 Human Services shall take the necessary action to assure 


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1 that all studies, evaluations, proposals, and data produced 

2 or developed with Federal funds under this Act shall be3 come the property of the United States. 

4 ‘‘(d) INFORMATION.—Such information as the Sec5 retary of Health and Human Services may determine to 

6 be necessary for purposes of the evaluations conducted 

7 under this section shall be made available upon request 

8 of the Secretary, by the departments and agencies of the 

9 executive branch. 

10 ‘‘(e) INFORMATION ON INDEPENDENT LIVING.—The 

11 ILA Director shall identify and disseminate information 

12 on exemplary practices concerning independent living serv13 ices and centers for independent living. 

14 ‘‘(f) APPLICATION.—In this section, a reference to 

15 ‘this Act’ means a provision of this Act that the Secretary 

16 of Health and Human Services has authority to carry out. 

17 ‘‘(g) AUTHORIZATION.—There are authorized to be 

18 appropriated to carry out this section such sums as may 

19 be necessary.’’. 

20 (c) INFORMATION.—Section 15 (29 U.S.C. 712) is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘of Labor’’ after ‘‘Sec24 retary’’ each place it appears; and 


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1 (B) in paragraph (1), by striking ‘‘State 

2 workforce investment boards’’ and inserting 

3 ‘‘State workforce development boards’’; and 

4 (2) in subsection (b), by striking ‘‘Secretary to 

5 develop within the Department of Education’’ and 

6 inserting ‘‘Secretary of Labor to develop, within the 

7 Department of Labor,’’. 

8 SEC. 508. CARRYOVER. 

9 Section 19 (29 U.S.C. 716) is amended— 

10 (1) in subsection (a)(1), by striking ‘‘part B of 

11 title I’’ and all that follows through ‘‘including’’ and 

12 inserting ‘‘part B of title I (except the client assist13 ance program funded under section 112), part B of 

14 title VI, chapter 1 of title VII, or chapter 2 of title 

15 VII (except as provided in section 753(b)), includ16 ing’’; and 

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

18 ‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION

19 AND ADVOCACY OF INDIVIDUAL RIGHTS.— 

20 ‘‘(1) APPROPRIATED AMOUNTS.—Notwith21 standing any other provision of law, any funds ap22 propriated for a fiscal year to carry out a grant pro23 gram under section 112 or 509 (except as provided 

24 in section 509(b)), including any funds reallotted 

25 during that fiscal year under such grant program, 


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1 that are not obligated and expended by a recipient 

2 prior to the beginning of the succeeding fiscal year, 

3 shall remain available for obligation and expenditure 

4 by such recipient during such succeeding fiscal year. 

5 ‘‘(2) PROGRAM INCOME.—Notwithstanding any 

6 other provision of law, any amount of program in7 come received by a recipient under a grant program 

8 under section 112 or 509 in a fiscal year that is not 

9 obligated and expended by the recipient prior to the 

10 beginning of the succeeding fiscal year, shall remain 

11 available until the end of the second fiscal year after 

12 the fiscal year in which it was received.’’. 

13 SEC. 509. TRADITIONALLY UNDERSERVED POPULATIONS. 

14 Section 21 (29 U.S.C. 718) is amended— 

15 (1) in subsection (a), by striking paragraphs 

16 (1) and (2) and inserting the following: 

17 ‘‘(1) RACIAL PROFILE.—The demographic pro18 file of the United States is changing at an unprece19 dented rate, with the population of the Nation be20 coming far more ethnically diverse than in the past. 

21 Within the United States, while the percentage in22 crease from 2000 to 2010 for white Americans was 

23 9.7 percent, the percentage increase during that pe24 riod for racial and ethnic minorities was much high25 er: 43.0 percent for Latinos, 12.3 percent for AfriVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 can-Americans, and 43.2 percent for Asian-Ameri2 cans. By the year 2020, the Nation is projected to 

3 have a population of 341,000,000, and the percent4 age of the population that will be either Latino, Af5 rican-American, or Asian-American is projected to 

6 be over 40 percent. 

7 ‘‘(2) RATE OF DISABILITY.—Ethnic and racial 

8 minorities tend to have disabling conditions at a dis9 proportionately high rate. In 2011— 

10 ‘‘(A) among Americans ages 16 through 

11 64, the rate of disability was 12.1 percent; 

12 ‘‘(B) among African-Americans in that age 

13 range, the disability rate was more than twice 

14 as high, at 27.1 percent; and 

15 ‘‘(C) for American Indians and Native 

16 Alaskans in the same age range, the disability 

17 rate was also more than twice as high, at 27.0 

18 percent.’’; 

19 (2) in subsection (b)(1)— 

20 (A) by striking ‘‘National Institute on Dis21 ability and Rehabilitation Research’’ and insert22 ing ‘‘National Institute on Disability, Inde23 pendent Living, and Rehabilitation Research’’; 

24 and 


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

2 ‘‘2 percent’’. 

3 Subtitle B—Vocational 

4 Rehabilitation Services 

5 SEC. 511. DECLARATION OF POLICY; AUTHORIZATION OF 

6 APPROPRIATIONS. 

7 (a) FINDINGS; PURPOSE; POLICY.—Section 100(a) 

8 (29 U.S.C. 720(a)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (C), by striking 

11 ‘‘gainful employment in integrated settings’’ 

12 and inserting ‘‘gainful employment in competi13 tive integrated employment settings’’; 

14 (B) in subparagraph (D)(iii), by striking 

15 ‘‘medicare and medicaid’’ and inserting ‘‘Medi16 care and Medicaid’’; and 

17 (C) in subparagraph (G)— 

18 (i) by striking ‘‘workforce investment 

19 systems’’ and inserting ‘‘workforce develop20 ment systems’’; and 

21 (ii) by striking ‘‘workforce investment 

22 activities’’ and inserting ‘‘workforce devel23 opment activities’’; 

24 (2) in paragraph (2)— 


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

2 ‘‘workforce investment system’’ and inserting 

3 ‘‘workforce development system’’; and 

4 (B) in subparagraph (B), by striking 

5 ‘‘gainful employment’’ and inserting ‘‘high qual6 ity employment that will increase opportunities 

7 for economic self-sufficiency’’; and 

8 (3) in paragraph (3)— 

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

10 ‘‘gainful employment in integrated settings’’ 

11 and inserting ‘‘competitive integrated employ12 ment’’; and 

13 (B) in subparagraph (E), by inserting 

14 ‘‘should’’ before ‘‘facilitate’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 100(b)(1) (29 U.S.C. 720(b)(1)) is amended by striking 

17 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

18 years 2014 through 2018’’. 

19 SEC. 512. STATE PLANS. 

20 (a) PLAN REQUIREMENTS.—Section 101(a) (29 

21 U.S.C. 721(a)) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A), by striking ‘‘to 

24 participate’’ and all that follows and inserting 

25 ‘‘to receive funds under this title for a fiscal 


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1 year, a State shall submit, and have approved 

2 by the Secretary and the Secretary of Edu3 cation a unified State plan in accordance with 

4 section 112, or a combined State plan in ac5 cordance with section 113, of the Workforce In6 vestment Act of 2013. The unified or combined 

7 State plan shall include, in the portion of the 

8 plan described in section 112(b)(2)(D) of such 

9 Act (referred to in this subsection as the ‘voca10 tional rehabilitation services portion’), the pro11 visions of a State plan for vocational rehabilita12 tion services, described in this subsection.’’; 

13 (B) in subparagraph (B)— 

14 (i) by striking ‘‘in the State plan for 

15 vocational rehabilitation services,’’ and in16 serting ‘‘as part of the vocational rehabili17 tation services portion of the unified or 

18 combined State plan submitted in accord19 ance with subparagraph (A),’’; and 

20 (ii) by striking ‘‘Rehabilitation Act 

21 Amendments of 1998’’ and inserting 

22 ‘‘Workforce Investment Act of 2013’’; and 

23 (C) in subparagraph (C)— 

24 (i) by striking ‘‘The State plan shall 

25 remain in effect subject to the submission 


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1 of such modifications’’ and inserting ‘‘The 

2 vocational rehabilitation services portion of 

3 the unified or combined State plan sub4 mitted in accordance with subparagraph 

5 (A) shall remain in effect until the State is 

6 required to submit the plan in accordance 

7 with subparagraph (A) or until the submis8 sion of such modifications’’; and 

9 (ii) by striking ‘‘, until the State sub10 mits and receives approval of a new State 

11 plan’’; 

12 (2) in paragraph (2)— 

13 (A) in subparagraph (A), by striking ‘‘The 

14 State plan’’ and inserting ‘‘The State plan for 

15 vocational rehabilitation services’’; 

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

17 subclauses (I) through (IV) and inserting the 

18 following: 

19 ‘‘(I) is primarily concerned with 

20 vocational rehabilitation, or vocational 

21 and other rehabilitation, of individuals 

22 with disabilities, and is responsible for 

23 administering the vocational rehabili24 tation program of the designated 

25 State agency; 


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1 ‘‘(II) has a full-time director who 

2 is responsible for the day-to-day oper3 ation of the vocational rehabilitation 

4 program, including— 

5 ‘‘(aa) making all decisions 

6 affecting eligibility for vocational 

7 rehabilitation services, the nature 

8 and scope of available services, 

9 and the provision of the services; 

10 ‘‘(bb) the determination to 

11 close the record of services of an 

12 individual who has achieved an 

13 employment outcome; 

14 ‘‘(cc) policy formulation and 

15 implementation; 

16 ‘‘(dd) the allocation and ex17 penditure of funds for vocational 

18 rehabilitation services; 

19 ‘‘(ee) representation of the 

20 organizational unit as a one-stop 

21 partner in the one-stop delivery 

22 system under title I of the Work23 force Investment Act of 2013; 

24 and 


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1 ‘‘(ff) representation of the 

2 vocational rehabilitation services 

3 core program for purposes of sec4 tion 111(b)(1)(C)(iii)(I) of the 

5 Workforce Investment Act of 

6 2013; 

7 ‘‘(III) has a staff employed on 

8 the rehabilitation work of the organi9 zational unit, all or substantially all of 

10 whom are employed full-time on the 

11 vocational rehabilitation or vocational 

12 and other rehabilitation work of the 

13 organizational unit; 

14 ‘‘(IV) is located at an organiza15 tional level and has an organizational 

16 status within the designated State 

17 agency comparable to that of other 

18 major organizational units of the des19 ignated State agency for which the 

20 head of the designated State agency 

21 has a direct line of authority; and 

22 ‘‘(V)(aa) has the sole authority 

23 and responsibility within the State to 

24 ensure that the funds appropriated 

25 under this title are expended only in 


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1 a manner that is consistent with the 

2 purposes of this title; and 

3 ‘‘(bb) may not delegate to an4 other agency, including the designated 

5 State agency, the authority and re6 sponsibility described in item (aa) or 

7 allow an agency described in this item 

8 to perform that authority and respon9 sibility.’’; and 

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

11 ‘‘(D) STATE AGENCY FOR REIMBURSE12 MENT PURPOSES.—A governing body of an In13 dian tribe that receives a grant under section 

14 121 shall be considered, for purposes of the cost 

15 reimbursement provisions— 

16 ‘‘(i) in section 222(d)(1) of the Social 

17 Security Act (42 U.S.C. 422(d)(1)), to be 

18 a State; and 

19 ‘‘(ii) in subsections (d) and (e) of sec20 tion 1615 of the Social Security Act (42 

21 U.S.C. 1382d), to be a State agency de22 scribed in subsection (d) of that section.’’; 

23 (3) in paragraph (5)— 

24 (A) in subparagraph (C), by striking 

25 ‘‘and’’ at the end; 


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1 (B) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (C) by inserting after subparagraph (C) 

4 the following: 

5 ‘‘(D) notwithstanding subparagraph (C), 

6 permit the State, in its discretion, to elect to 

7 serve eligible individuals (whether or not receiv8 ing vocational rehabilitation services) who re9 quire specific services or equipment to maintain 

10 employment; and’’; 

11 (4) in paragraph (6)(B), by striking ‘‘to employ 

12 and advance in employment’’ and inserting ‘‘to em13 ploy and advance in competitive integrated employ14 ment’’; 

15 (5) in paragraph (7)— 

16 (A) in subparagraph (A)(v)— 

17 (i) in subclause (I), after ‘‘rehabilita18 tion technology’’ insert the following: ‘‘, in19 cluding training implemented in coordina20 tion with entities carrying out State pro21 grams under section 4 of the Assistive 

22 Technology Act of 1998 (29 U.S.C. 

23 3003)’’; and 

24 (ii) in subclause (II), by striking ‘‘Re25 habilitation Act Amendments of 1998’’ and 


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1 inserting ‘‘Workforce Investment Act of 

2 2013’’; and 

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

4 clause (ii) and inserting the following: 

5 ‘‘(ii) the establishment and mainte6 nance of education and experience require7 ments, to ensure that the personnel have a 

8 21st century understanding of the evolving 

9 labor force and the needs of individuals 

10 with disabilities, including requirements 

11 for— 

12 ‘‘(I)(aa) attainment of a bacca13 laureate degree in a field of study rea14 sonably related to vocational rehabili15 tation, to indicate a level of com16 petency and skill demonstrating basic 

17 preparation in a field of study such as 

18 vocational rehabilitation counseling, 

19 social work, psychology, disability 

20 studies, business administration, 

21 human resources, special education, 

22 supported employment, customized 

23 employment, job placement, econom24 ics, or another field that reasonably 


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1 prepares individuals to work with con2 sumers and employers; and 

3 ‘‘(bb) demonstrated paid or un4 paid experience, for not less than 1 

5 year, consisting of— 

6 ‘‘(AA) direct work with indi7 viduals with disabilities in a set8 ting such as an independent liv9 ing center or experience as a 

10 member of the governing board 

11 of an independent living center; 

12 ‘‘(BB) advocacy experience 

13 with a nonprofit disability rights 

14 or disability membership organi15 zation, a State Council on Devel16 opmental Disabilities, established 

17 under section 125 of the Develop18 mental Disabilities Assistance 

19 and Bill of Rights Act of 2000 

20 (42 U.S.C. 15025) or as a mem21 ber of the governing board for 

22 such a council, or as a parent ad23 vocate or member of the gov24 erning board of a parent inforVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 mation and training center au2 thorized under section 303(f); 

3 ‘‘(CC) direct service or advo4 cacy activities that provide such 

5 individual with experience and 

6 skills in working with individuals 

7 with disabilities; or 

8 ‘‘(DD) direct experience as 

9 an employer, as a small business 

10 owner or operator, or in self-em11 ployment, or other experience in 

12 human resources, recruitment, or 

13 experience in supervising employ14 ees, training, or other activities 

15 that provide experience in com16 petitive integrated employment 

17 environments; or 

18 ‘‘(II) attainment of a master’s or 

19 doctoral degree in a field of study 

20 such as vocational rehabilitation coun21 seling, law, social work, psychology, 

22 disability studies, business administra23 tion, human resources, special edu24 cation, management, public adminis25 tration, or another field that reasonVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ably provides competence in the em2 ployment sector, in a disability field, 

3 or in both business-related and reha4 bilitation-related fields; and’’; 

5 (6) in paragraph (8)— 

6 (A) in subparagraph (A), by striking 

7 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

8 (B) in subparagraph (B)— 

9 (i) in the matter preceding clause 

10 (i)— 

11 (I) by striking ‘‘workforce invest12 ment system’’ and inserting ‘‘work13 force development system’’; and 

14 (II) by striking ‘‘(5)(D)’’ and in15 serting ‘‘(5)(E)’’; 

16 (ii) in clause (iv), by striking 

17 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(v) PROVISION OF ACCOMMODATIONS

21 AND AUXILIARY AIDS AND SERVICES.—In22 formation specifying policies and proce23 dures for resolving issues of financial re24 sponsibility and reimbursement, as appro25 priate, for an accommodation or auxiliary 


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1 aid or service for an individual with a dis2 ability, in the event that the designated 

3 State unit pays for that item or that aid 

4 or service, in order to avoid interruption of 

5 or delay in— 

6 ‘‘(I) the progress of an individual 

7 in achieving an employment outcome; 

8 ‘‘(II) an immediate job place9 ment; or 

10 ‘‘(III) the provision of services to 

11 an individual at extreme medical 

12 risk.’’; and 

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

14 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

15 (7) in paragraph (10)— 

16 (A) in subparagraph (B), by striking ‘‘an17 nual’’ and all that follows through ‘‘of 1998’’ 

18 and inserting ‘‘annual reporting of information, 

19 on eligible individuals receiving the services, 

20 that is necessary to assess the State’s perform21 ance on those primary indicators of perform22 ance (described in section 131(b)(2)(A)(i) of the 

23 Workforce Investment Act of 2013)’’; 

24 (B) in subparagraph (C)— 


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1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘, from each individual 

3 State,’’ after ‘‘additional data’’; 

4 (ii) in clause (i)(II), by striking ‘‘de5 termined’’ and all that follows and insert6 ing ‘‘determined to be ineligible for voca7 tional rehabilitation services, and the rea8 son for such determination of ineligibility 

9 (disaggregated by type of disability, and 

10 age);’’; 

11 (iii) in clause (ii)— 

12 (I) in subclause (I), by striking 

13 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

14 (II) in subclause (II), by striking 

15 ‘‘and’’ at the end; and 

16 (III) by adding at the end the 

17 following: 

18 ‘‘(IV) a comparison, among indi19 viduals who obtained employment, 

20 of— 

21 ‘‘(aa) the number of individ22 uals who continued to use public 

23 benefits; and 


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1 ‘‘(bb) the number of individ2 uals who no longer used public 

3 benefits; 

4 ‘‘(V) the total number of individ5 uals with ongoing open cases 

6 (disaggregated by individuals who are 

7 in training settings, and individuals 

8 who are in postsecondary education), 

9 and the services individuals described 

10 in this subclause are receiving; 

11 ‘‘(VI) the total number of stu12 dents with disabilities that are receiv13 ing pre-employment transition serv14 ices, and the cost for providing those 

15 services for each full fiscal year after 

16 the date of enactment of the Work17 force Investment Act of 2013; 

18 ‘‘(VII) the total number of youth 

19 with disabilities that are receiving 

20 transition services, and the total cost 

21 for providing those services to such 

22 youth during the last full fiscal year 

23 prior to the date of enactment of the 

24 Workforce Investment Act of 2013 

25 and during each fiscal year thereafter; 


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1 ‘‘(VIII) the number of youth with 

2 disabilities who entered postsecondary 

3 training or programs for apprentice4 ships registered under the Act of Au5 gust 16, 1937 (commonly known as 

6 the ‘National Apprenticeship Act’; 50 

7 Stat. 664, chapter 663; 29 U.S.C. 50 

8 et seq.); 

9 ‘‘(IX) the number of youth with 

10 disabilities who entered postsecondary 

11 education; 

12 ‘‘(X) the number of youth with 

13 disabilities who attained academic lev14 els and job skills needed for employ15 ment; 

16 ‘‘(XI) the number of youth with 

17 disabilities who entered employment; 

18 ‘‘(XII) the number of individuals 

19 referred to one-stop centers, as de20 fined in section 101 of the Workforce 

21 Investment Act of 2013; and 

22 ‘‘(XIII) the number of individ23 uals referred from such one-stop cen24 ters to designated State units and the 

25 outcomes of such referrals;’’; 


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1 (iv) in clause (iii), by striking ‘‘and’’ 

2 at the end; 

3 (v) in clause (iv)— 

4 (I) in subclause (I), by inserting 

5 before the semicolon the following: 

6 ‘‘and, for those who achieved employ7 ment outcomes, the average length of 

8 time to obtain employment’’; and 

9 (II) in subclause (II), by striking 

10 the period and inserting ‘‘; and’’; and 

11 (vi) by adding at the end the fol12 lowing: 

13 ‘‘(v)(I) the transition from school to 

14 postsecondary life, including employment, 

15 and achievement of the postsecondary vo16 cational goals, of students with disabilities 

17 served under the program carried out 

18 under this title; and 

19 ‘‘(II) the provision of supported em20 ployment services.’’; 

21 (C) in subparagraph (D)(i), by striking 

22 ‘‘title I of the Workforce Investment Act of 

23 1998’’ and inserting ‘‘title II of the Workforce 

24 Investment Act of 2013’’; 


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1 (D) in subparagraph (E)(ii), by striking 

2 ‘‘of the State’’ and all that follows and inserting 

3 ‘‘of the State in meeting the standards and in4 dicators established pursuant to section 106.’’; 

5 and 

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

7 ‘‘(G) RULES FOR REPORTING OF DATA.— 

8 The disaggregation of data under this section 

9 shall not be required within a category if the 

10 number of participants in a category is insuffi11 cient to yield statistically reliable information, 

12 or required if the results would reveal person13 ally identifiable information about an individual 

14 participant. 

15 ‘‘(H) COMPREHENSIVE REPORT.—The 

16 State plan shall specify that the Commissioner 

17 will provide an annual comprehensive report 

18 that includes the reports and data required 

19 under this section, as well as a summary of the 

20 reports and data, for each fiscal year. The 

21 Commissioner shall submit the report to the 

22 Committee on Education and the Workforce of 

23 the House of Representatives, the Committee 

24 on Appropriations of the House of Representa25 tives, the Committee on Health, Education, 


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1 Labor, and Pensions of the Senate, and the 

2 Committee on Appropriations of the Senate, not 

3 later than 90 days after the end of the fiscal 

4 year involved.’’; 

5 (8) in paragraph (11)— 

6 (A) in subparagraph (A)— 

7 (i) in the subparagraph header, by 

8 striking ‘‘WORKFORCE INVESTMENT SYS9 TEMS’’ and inserting ‘‘WORKFORCE DEVEL10 OPMENT SYSTEMS’’; 

11 (ii) in the matter preceding clause (i), 

12 by striking ‘‘workforce investment system’’ 

13 and inserting ‘‘workforce development sys14 tem’’; 

15 (iii) in clause (i)(II), by inserting 

16 ‘‘(including programmatic accessibility and 

17 physical accessibility)’’ after ‘‘program ac18 cessibility’’; 

19 (iv) in clause (ii), by striking ‘‘work20 force investment system’’ and inserting 

21 ‘‘workforce development system’’; and 

22 (v) in clause (v), by striking ‘‘work23 force investment system’’ and inserting 

24 ‘‘workforce development system’’; 


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1 (B) in subparagraph (B), by striking 

2 ‘‘workforce investment system’’ and inserting 

3 ‘‘workforce development system’’; 

4 (C) in subparagraph (C)— 

5 (i) by inserting ‘‘the State programs 

6 carried out under section 4 of the Assistive 

7 Technology Act of 1998 (29 U.S.C. 

8 3003),’’ after ‘‘including’’; 

9 (ii) by inserting ‘‘, noneducational 

10 agencies serving out-of-school youth,’’ after 

11 ‘‘Agriculture’’; 

12 (iii) by striking ‘‘such agencies and 

13 programs’’ and inserting ‘‘such Federal, 

14 State, and local agencies and programs’’; 

15 and 

16 (iv) by striking ‘‘workforce investment 

17 system’’ and inserting ‘‘workforce develop18 ment system’’; 

19 (D) in subparagraph (D)— 

20 (i) in clause (ii), by striking ‘‘comple21 tion’’ and inserting ‘‘implementation’’; 

22 (ii) by redesignating clauses (iii) and 

23 (iv) as clauses (iv) and (v), respectively; 

24 and 


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1 (iii) by inserting after clause (ii) the 

2 following: 

3 ‘‘(iii) identifying options for additional 

4 education and training, in order to facili5 tate the provision of transition services for 

6 youth with disabilities and students with 

7 disabilities, such as services provided under 

8 section 114;’’; 

9 (E) by redesignating subparagraphs (E) 

10 and (F) as subparagraphs (F) and (H), respec11 tively; 

12 (F) by inserting after subparagraph (D) 

13 the following: 

14 ‘‘(E) COORDINATION WITH EMPLOYERS.— 

15 The State plan shall contain plans, policies, and 

16 procedures for coordination between the des17 ignated State unit and employers that provide 

18 for building relationships with employers and 

19 identifying community-based competitive inte20 grated employment opportunities and career ex21 ploration opportunities, in order to facilitate the 

22 provision of transition services for youth with 

23 disabilities and students with disabilities, such 

24 as services provided under section 114;’’; 


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1 (G) in subparagraph (F), as redesignated 

2 by subparagraph (E) of this paragraph— 

3 (i) by inserting ‘‘chapter 1 of’’ after 

4 ‘‘part C of’’; and 

5 (ii) by inserting ‘‘, as appropriate’’ be6 fore the period; 

7 (H) by inserting after subparagraph (F), 

8 as redesignated by subparagraph (E) of this 

9 paragraph, the following: 

10 ‘‘(G) COOPERATIVE AGREEMENT REGARD11 ING INDIVIDUALS ELIGIBLE FOR HOME AND

12 COMMUNITY-BASED WAIVER PROGRAMS.—The 

13 State plan shall include an assurance that the 

14 designated State unit has entered into a formal 

15 cooperative agreement with the State agency re16 sponsible for administering the State Medicaid 

17 plan under title XIX of the Social Security Act 

18 (42 U.S.C. 1396 et seq.) and the State agency 

19 with primary responsibility for providing serv20 ices and supports for individuals with intellec21 tual disabilities and individuals with develop22 mental disabilities, with respect to the delivery 

23 of vocational rehabilitation services, including 

24 extended services, for individuals with the most 

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1 mined to be eligible for home and community2 based services under a Medicaid waiver, Med3 icaid State plan amendment, or other authority 

4 related to a State Medicaid program.’’; 

5 (I) in subparagraph (H), as redesignated 

6 by subparagraph (E) of this paragraph— 

7 (i) in clause (ii)— 

8 (I) by inserting ‘‘on or’’ before 

9 ‘‘near’’; and 

10 (II) by striking ‘‘and’’ at the end; 

11 (ii) by redesignating clause (iii) as 

12 clause (iv); and 

13 (iii) by inserting after clause (ii) the 

14 following: 

15 ‘‘(iii) strategies for the provision of 

16 transition planning, by personnel of the 

17 designated State unit, the State edu18 cational agency, and the recipient of funds 

19 under part C, that will facilitate the devel20 opment and implementation of the individ21 ualized education programs under section 

22 614(d) of the Individuals with Disabilities 

23 Education Act (20 U.S.C. 1414(d)) and, 

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1 ployment under section 102, in order to 

2 enable students with disabilities to achieve 

3 postschool employment outcomes; and’’; 

4 and 

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

6 ‘‘(I) COORDINATION WITH ASSISTIVE

7 TECHNOLOGY PROGRAMS.—The State plan shall 

8 include an assurance that the designated State 

9 unit, and the lead agency and implementing en10 tity (if any) designated by the Governor of the 

11 State under section 4 of the Assistive Tech12 nology Act of 1998 (29 U.S.C. 3003), have de13 veloped working relationships and will enter 

14 into agreements for the coordination of their ac15 tivities, including the referral of individuals 

16 with disabilities to programs and activities de17 scribed in that section. 

18 ‘‘(J) COORDINATION WITH TICKET TO

19 WORK AND SELF-SUFFICIENCY PROGRAM.—The 

20 State plan shall include an assurance that the 

21 designated State unit will coordinate activities 

22 with any other State agency that is functioning 

23 as an employment network under the Ticket to 

24 Work and Self-Sufficiency Program established 


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1 under section 1148 of the Social Security Act 

2 (42 U.S.C. 1320b–19).’’; 

3 (9) in paragraph (14)— 

4 (A) in the paragraph header, by striking 

5 ‘‘ANNUAL’’ and inserting ‘‘SEMIANNUAL’’; 

6 (B) in subparagraph (A)— 

7 (i) by striking ‘‘annual’’ and inserting 

8 ‘‘semiannual’’; 

9 (ii) by striking ‘‘(and thereafter’’ and 

10 all that follows through ‘‘representative)’’ 

11 and inserting ‘‘, and annually thereafter’’; 

12 and 

13 (iii) by striking ‘‘to competitive’’ and 

14 all that follows and inserting the following: 

15 ‘‘to competitive integrated employment or 

16 training for competitive integrated employ17 ment;’’; 

18 (C) in subparagraph (B), by striking 

19 ‘‘and’’ at the end; 

20 (D) in subparagraph (C), by striking ‘‘the 

21 individuals described’’ and all that follows and 

22 inserting ‘‘individuals in attaining competitive 

23 integrated employment; and’’; and 

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


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1 ‘‘(D) an assurance that the State will re2 port the information generated under subpara3 graphs (A), (B), and (C), for each of the indi4 viduals, to the Administrator of the Wage and 

5 Hour Division of the Department of Labor for 

6 each fiscal year, not later than 60 days after 

7 the end of the fiscal year.’’; 

8 (10) in paragraph (15)— 

9 (A) in subparagraph (A)— 

10 (i) in clause (i)— 

11 (I) in subclause (II), by striking 

12 ‘‘and’’ at the end; 

13 (II) in subclause (III)— 

14 (aa) by striking ‘‘workforce 

15 investment system’’ and inserting 

16 ‘‘workforce development system’’; 

17 and 

18 (bb) by adding ‘‘and’’ at the 

19 end; and 

20 (III) by adding at the end the 

21 following: 

22 ‘‘(IV) youth with disabilities, and 

23 students with disabilities, including 

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1 tion services described in section 114 

2 or other transition services; and’’; and 

3 (ii) by striking clauses (ii) and (iii) 

4 and inserting the following: 

5 ‘‘(ii) include an assessment of the 

6 needs of individuals with disabilities for 

7 transition services and pre-employment 

8 transition services provided under this Act, 

9 and coordinated with transition services 

10 provided under the Individuals with Dis11 abilities Education Act (20 U.S.C. 1400 et 

12 seq.), and an assessment as to whether the 

13 transition and pre-employment transition 

14 services provided under those Acts meet 

15 the needs of individuals with disabilities.’’; 

16 (B) in subparagraph (B)— 

17 (i) in clause (ii), by striking ‘‘and’’ at 

18 the end; 

19 (ii) by redesignating clause (iii) as 

20 clause (iv); and 

21 (iii) by inserting after clause (ii) the 

22 following: 

23 ‘‘(iii) the number of individuals who 

24 are eligible for services under this title, but 


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1 are not receiving such services due to an 

2 order of selection; and’’; and 

3 (C) in subparagraph (D)— 

4 (i) by redesignating clauses (iii) 

5 through (v) as clauses (iv) through (vi); 

6 (ii) by inserting after clause (ii) the 

7 following: 

8 ‘‘(iii) the methods to be used to im9 prove and expand vocational rehabilitation 

10 services for students with disabilities, in11 cluding the coordination of services de12 signed to facilitate the transition of such 

13 students from the receipt of educational 

14 services in school to postsecondary life (in15 cluding the receipt of vocational rehabilita16 tion services under this title, postsecondary 

17 education, employment, and pre-employ18 ment transition services under section 

19 114);’’; and 

20 (iii) in clause (vi), as redesignated by 

21 clause (i) of this subparagraph, by striking 

22 ‘‘workforce investment system’’ and insert23 ing ‘‘workforce development system’’; 

24 (11) in paragraph (20)— 


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1 (A) in subparagraphs (A) and (B)(i), by 

2 striking ‘‘workforce investment system’’ and in3 serting ‘‘workforce development system’’; 

4 (B) by redesignating subparagraph (B) as 

5 subparagraph (C); and 

6 (C) by inserting after subparagraph (A) 

7 the following: 

8 ‘‘(B) INFORMATION ON ASSISTANCE FOR

9 BENEFICIARIES OF ASSISTANCE UNDER TITLE

10 II OR XVI OF THE SOCIAL SECURITY ACT.—The 

11 State plan shall include an assurance that the 

12 designated State unit will make available, to in13 dividuals entitled to benefits under title II or 

14 XVI of the Social Security Act (42 U.S.C. 401 

15 et seq., 1381 et seq.) on the basis of a disability 

16 or blindness— 

17 ‘‘(i) information on the availability of 

18 benefits and medical assistance authorized 

19 under the State Medicaid program under 

20 title XIX of the Social Security Act (42 

21 U.S.C. 1396 et seq.) or under the Medi22 care program under title XVIII of the So23 cial Security Act (42 U.S.C. 1395 et seq.), 

24 and medical assistance authorized under 

25 other federally funded programs; 


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1 ‘‘(ii) information on the availability of 

2 assistance through benefits planning and 

3 assistance programs authorized under sec4 tion 1149 of the Social Security Act (42 

5 U.S.C. 1320b–20) and services provided by 

6 the State protection and advocacy system 

7 and authorized under section 1150 of the 

8 Social Security Act (42 U.S.C. 1320b–21); 

9 and 

10 ‘‘(iii) in the case of individuals who 

11 are also eligible for a ticket under the 

12 Ticket to Work and Self-Sufficiency Pro13 gram established under section 1148 of the 

14 Social Security Act (42 U.S.C. 1320b–19), 

15 general information regarding the options 

16 for using the ticket and information on 

17 how to contact a program manager of the 

18 Ticket to Work and Self-Sufficiency Pro19 gram to obtain information on approved 

20 employment networks, on providers for the 

21 benefits planning and assistance programs 

22 described in clause (ii) in the State, and on 

23 the services provided by the State protec24 tion and advocacy system and described in 

25 clause (ii).’’; and 


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

2 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL3 ITIES.—The State plan shall provide an assurance 

4 that, with respect to students with disabilities, the 

5 State— 

6 ‘‘(A) has developed and will implement— 

7 ‘‘(i) strategies to address the needs 

8 identified in the assessments described in 

9 paragraph (15); and 

10 ‘‘(ii) strategies to achieve the goals 

11 and priorities identified by the State, in ac12 cordance with paragraph (15), to improve 

13 and expand vocational rehabilitation serv14 ices for students with disabilities on a 

15 statewide basis; and 

16 ‘‘(B) has developed and will implement 

17 strategies to carry out the provision of pre-em18 ployment transition services in accordance with 

19 section 114. 

20 ‘‘(26) JOB GROWTH AND DEVELOPMENT.—The 

21 State plan shall provide an assurance describing how 

22 the State will utilize initiatives involving in-demand 

23 industry sectors or occupations under sections 

24 116(c) and 118 of the Workforce Investment Act of 


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1 2013 to increase competitive integrated employment 

2 opportunities for individuals with disabilities.’’. 

3 (b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) 

4 is amended to read as follows: 

5 ‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The 

6 State plan for vocational rehabilitation services shall be 

7 subject to— 

8 ‘‘(1) subsection (c) of section 112 of the Work9 force Investment Act of 2013, in a case in which 

10 that plan is a portion of the unified State plan de11 scribed in that section 112; and 

12 ‘‘(2) subsection (b), and paragraphs (1), (2), 

13 and (3) of subsection (c), of section 113 of such Act 

14 in a case in which that State plan for vocational re15 habilitation services is a portion of the combined 

16 State plan described in that section 113.’’. 

17 (c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is 

18 amended by adding at the end the following: 

19 ‘‘(c) CONSTRUCTION.—Nothing in this part shall be 

20 construed to reduce the obligation of a local educational 

21 agency or any other agency to provide or pay for any tran22 sition services that are also considered special education 

23 or related services and that are necessary for ensuring a 

24 free appropriate public education to children with disabil25 ities within the State involved.’’. 


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1 SEC. 513. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM2 PLOYMENT. 

3 (a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) 

4 is amended— 

5 (1) in paragraph (1)(B), by striking ‘‘regain 

6 employment’’ and inserting ‘‘regain employment, in7 cluding accomplishing career advancement, in em8 ployment that is consistent with the individual’s 

9 strengths, resources, priorities, concerns, abilities, 

10 capabilities, and informed choice’’; 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (A)— 

13 (i) in the subparagraph header, by 

14 striking ‘‘DEMONSTRATION’’ and inserting 

15 ‘‘APPLICANTS’’; and 

16 (ii) by striking ‘‘, unless’’ and all that 

17 follows and inserting a period; and 

18 (B) in subparagraph (B)— 

19 (i) in the subparagraph header, by 

20 striking ‘‘METHODS’’ and inserting ‘‘RE21 SPONSIBILITIES’’; 

22 (ii) in the first sentence— 

23 (I) by striking ‘‘In making the 

24 demonstration required under sub25 paragraph (A),’’ and inserting ‘‘Prior 

26 to determining under this subsection 


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1 that an applicant described in sub2 paragraph (A) is unable to benefit due 

3 to the severity of the individual’s dis4 ability or that the individual is ineli5 gible for vocational rehabilitation serv6 ices,’’; and 

7 (II) by striking ‘‘, except under’’ 

8 and all that follows and inserting a 

9 period; and 

10 (iii) in the second sentence, by strik11 ing ‘‘individual or to determine’’ and all 

12 that follows and inserting ‘‘individual. In 

13 providing the trial experiences, the des14 ignated State unit shall provide the indi15 vidual with the opportunity to try different 

16 employment experiences, including sup17 ported employment, and the opportunity to 

18 become employed in competitive integrated 

19 employment.’’; 

20 (3) in paragraph (3)(A)(ii), by striking ‘‘out21 come from’’ and all that follows and inserting ‘‘out22 come, including supported employment, from voca23 tional rehabilitation services due to the current (as 

24 of the date of the determination) severity of the dis25 ability of the individual.’’; and 


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1 (4) in paragraph (5)— 

2 (A) in the matter preceding subparagraph 

3 (A)— 

4 (i) by striking ‘‘If an individual’’ and 

5 inserting ‘‘If, after the designated State 

6 unit carries out the activities described in 

7 paragraph (2)(B), a review of existing 

8 data, and, to the extent necessary, the as9 sessment activities described in section 

10 7(2)(A)(ii), an individual’’; and 

11 (ii) by striking ‘‘is determined’’ and 

12 all that follows through ‘‘not to be’’ and in13 serting ‘‘is determined not to be’’; 

14 (B) by redesignating subparagraphs (A) 

15 through (D) as subparagraphs (B) through (E), 

16 respectively; 

17 (C) by inserting before subparagraph (B) 

18 the following: 

19 ‘‘(A) the ineligibility determination shall be 

20 an individualized one, based on the available 

21 data, and shall not be based on assumptions 

22 about broad categories of disabilities;’’; and 

23 (D) in clause (i) of subparagraph (C), as 

24 redesignated by subparagraph (B) of this para25 graph, by inserting after ‘‘determination’’ the 


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1 following: ‘‘, including clear and convincing evi2 dence that forms the basis for the determina3 tion of ineligibility’’. 

4 (b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN

5 FOR EMPLOYMENT, AND RELATED INFORMATION.—Sec6 tion 102(b) (29 U.S.C. 722(b)) is amended— 

7 (1) in paragraph (1)— 

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

9 the extent determined to be appropriate by the 

10 eligible individual,’’; 

11 (B) by redesignating subparagraphs (B), 

12 (C), and (D) as subparagraphs (C), and (D), 

13 and (E), respectively; and 

14 (C) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) information on the availability of as17 sistance from consumer organizations, as de18 fined in section 106(a)(4) (including a listing of 

19 such organizations) that can assist an indi20 vidual in the development of an individualized 

21 plan for employment, in order to ensure that 

22 the plan reflects the informed and effective 

23 choices of the individual;’’; 

24 (2) by redesignating paragraphs (2) and (3) as 

25 paragraphs (3) and (4), respectively; 


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1 (3) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) INDIVIDUALS ENTITLED TO BENEFITS

4 UNDER THE SOCIAL SECURITY ACT.—For an indi5 vidual entitled to benefits under title II or XVI of 

6 the Social Security Act (42 U.S.C. 401 et seq., 1381 

7 et seq.) on the basis of a disability or blindness, the 

8 designated State unit shall provide to the indi9 vidual— 

10 ‘‘(A) general information on the avail11 ability of benefits and medical assistance au12 thorized under the State Medicaid program 

13 under title XIX of the Social Security Act (42 

14 U.S.C. 1396 et seq.) or under the Medicare 

15 program under title XVIII of the Social Secu16 rity Act (42 U.S.C. 1395 et seq.), and medical 

17 assistance authorized under other federally 

18 funded programs; 

19 ‘‘(B) general information on the avail20 ability of assistance through benefits planning 

21 and assistance programs authorized under sec22 tion 1149 of the Social Security Act (42 U.S.C. 

23 1320b–20) and services provided by the State 

24 protection and advocacy system and authorized 


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1 under section 1150 of the Social Security Act 

2 (42 U.S.C. 1320b–21); and 

3 ‘‘(C) in the case of individuals who are also 

4 eligible for a ticket under the Ticket to Work 

5 and Self-Sufficiency Program established under 

6 section 1148 of the Social Security Act (42 

7 U.S.C. 1320b–19), general information regard8 ing the options for using the ticket and infor9 mation on how to contact a program manager 

10 of the Ticket to Work and Self-Sufficiency Pro11 gram to obtain information on approved em12 ployment networks, on providers for the bene13 fits planning and assistance programs described 

14 in subparagraph (B) in the State, and on the 

15 services provided by the State protection and 

16 advocacy system and described in subparagraph 

17 (B).’’; 

18 (4) in paragraph (3), as redesignated by para19 graph (2) of this subsection— 

20 (A) in subparagraph (E)— 

21 (i) in clause (i), by striking ‘‘and’’ at 

22 the end; 

23 (ii) in clause (ii), by striking the pe24 riod and inserting ‘‘; and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) amended, as necessary, to in4 clude the postemployment services and 

5 service providers that are necessary for the 

6 individual to maintain or regain employ7 ment, consistent with the individual’s 

8 strengths, resources, priorities, concerns, 

9 abilities, capabilities, interests, and in10 formed choice.’’; and 

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

12 ‘‘(F) TIMEFRAME FOR COMPLETING THE

13 INDIVIDUALIZED PLAN FOR EMPLOYMENT.— 

14 The individualized plan for employment shall be 

15 developed as soon as possible, but not later 

16 than a deadline of 90 days after the date of the 

17 determination of eligibility described in para18 graph (1), unless the designated State unit and 

19 the eligible individual agree to an extension of 

20 that deadline to a specific date by which the in21 dividualized plan for employment shall be com22 pleted. 

23 ‘‘(G) FAILURE TO DEVELOP THE INDIVID24 UALIZED PLAN FOR EMPLOYMENT WITHIN THE

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1 vidualized plan for employment is not completed 

2 by the deadline or extended deadline, as appro3 priate, under subparagraph (F), the eligible in4 dividual shall have the right to request the pro5 cedures described in subsection (c). If the eligi6 ble individual requests a hearing, the hearing 

7 officer shall have the authority to order the des8 ignated State unit to complete the individual9 ized plan for employment within a reasonable 

10 period of time.’’; and 

11 (5) in paragraph (4), as redesignated by para12 graph (2) of this subsection— 

13 (A) in subparagraph (A)— 

14 (i) by inserting ‘‘in competitive inte15 grated employment’’ after ‘‘outcome’’; and 

16 (ii) by striking ‘‘choice of the’’ and all 

17 that follows and inserting ‘‘choice of the el18 igible individual, consistent with the gen19 eral goal of competitive integrated employ20 ment (except that in the case of an eligible 

21 individual who is a student, the description 

22 may be a description of the student’s pro23 jected postschool employment outcome);’’; 

24 (B) in subparagraph (B)(i)— 


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1 (i) by redesignating subclause (II) as 

2 subclause (III); and 

3 (ii) by striking subclause (I) and in4 serting the following: 

5 ‘‘(I) needed to achieve the employ6 ment outcome, including, as appropriate— 

7 ‘‘(aa) the provision of assistive 

8 technology devices and assistive tech9 nology services (including referrals de10 scribed in section 103(a)(3) to the de11 vice reutilization programs and dem12 onstrations described in subpara13 graphs (B) and (D) of section 4(e)(2) 

14 of the Assistive Technology Act of 

15 1998 (29 U.S.C. 3003(e)(2)) through 

16 agreements developed under section 

17 101(a)(11)(H); 

18 ‘‘(bb) mentoring services; and 

19 ‘‘(cc) personal assistance services 

20 (including training in the management 

21 of such services); 

22 ‘‘(II) in the case of a plan for an eligi23 ble individual that is a student, the specific 

24 transition services and supports (including 

25 work experience, mentoring activities, and 


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1 supported employment) needed to achieve 

2 the student’s employment outcome or pro3 jected postschool employment outcome; 

4 and’’; 

5 (C) in subparagraph (F), by striking 

6 ‘‘and’’ at the end; 

7 (D) in subparagraph (G), by striking the 

8 period and inserting ‘‘; and’’; and 

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

10 ‘‘(H) for an individual who also is receiving 

11 assistance from an employment network under 

12 the Ticket to Work and Self-Sufficiency Pro13 gram established under section 1148 of the So14 cial Security Act (42 U.S.C. 1320b–19), a list 

15 of the services that are listed in the individual 

16 work plan that the individual developed with 

17 the employment network under subsection (g) 

18 of that section, and a description of how re19 sponsibility for service delivery will be divided 

20 between the employment network and the des21 ignated State unit.’’. 

22 (c) PROCEDURES.—Section 102(c) (29 U.S.C. 

23 722(c)) is amended— 

24 (1) in paragraph (1), by adding at the end the 

25 following: ‘‘The procedures shall allow an applicant 


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1 or an eligible individual or, as appropriate, the appli2 cant’s representative or individual’s representative, 

3 the opportunity to request mediation, an impartial 

4 due process hearing, or both procedures.’’; 

5 (2) in paragraph (2)— 

6 (A) in subparagraph (A)— 

7 (i) in clause (ii), by striking ‘‘and’’ at 

8 the end; 

9 (ii) in clause (iii), by striking the pe10 riod and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(iv) any applicable State limit on the 

14 time by which a request for mediation 

15 under paragraph (4) or a hearing under 

16 paragraph (5) shall be made, and any re17 quired procedure by which the request 

18 shall be made.’’; and 

19 (B) in subparagraph (B)(iii), by inserting 

20 ‘‘the denial,’’ before ‘‘reduction,’’; and 

21 (3) in paragraph (5)— 

22 (A) by striking subparagraph (A) and in23 serting the following: 

24 ‘‘(A) OFFICER.—A due process hearing de25 scribed in paragraph (2) shall be conducted by 


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1 an impartial hearing officer who, on reviewing 

2 the evidence presented, shall issue a written de3 cision based on the provisions of the approved 

4 State plan, requirements specified in this Act 

5 (including regulations implementing this Act), 

6 and State regulations and policies that are con7 sistent with the Federal requirements specified 

8 in this title. The officer shall provide the writ9 ten decision to the applicant or eligible indi10 vidual, or, as appropriate, the applicant’s rep11 resentative or individual’s representative, and to 

12 the designated State unit. The impartial hear13 ing officer shall have the authority to render a 

14 decision and require actions, consistent with the 

15 requirements specified in this title (including 

16 regulations implementing this title), regarding 

17 all aspects of the applicant’s or eligible individ18 ual’s vocational rehabilitation services under 

19 this title.’’; and 

20 (B) in subparagraph (B), by striking ‘‘in 

21 laws (including regulations)’’ and inserting 

22 ‘‘about Federal and State laws (including regu23 lations) and the approved State plan’’. 

24 SEC. 514. VOCATIONAL REHABILITATION SERVICES. 

25 Section 103 (29 U.S.C. 723) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (13), by striking ‘‘work3 force investment system’’ and inserting ‘‘work4 force development system’’; 

5 (B) by striking paragraph (15) and insert6 ing the following: 

7 ‘‘(15) transition services for students with dis8 abilities, that facilitate the transition from school to 

9 postsecondary life, such as achievement of an em10 ployment outcome in competitive integrated employ11 ment, or pre-employment transition services de12 scribed in section 114;’’; 

13 (C) by redesignating paragraphs (17) and 

14 (18) as paragraphs (18) and (19), respectively; 

15 (D) by inserting after paragraph (16) the 

16 following: 

17 ‘‘(17) customized employment;’’; 

18 (E) in paragraph (18), as redesignated by 

19 subparagraph (C) of this paragraph, by striking 

20 the ‘‘and’’ at the end; 

21 (F) in paragraph (19), as redesignated by 

22 subparagraph (C) of this paragraph, by striking 

23 the period and inserting ‘‘; and’’; and 

24 (G) by adding at the end the following: 

25 ‘‘(20) mentoring services.’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (2)(A), by striking the 

3 second sentence and inserting ‘‘Such programs 

4 shall be used to provide services described in 

5 this section that promote integration into the 

6 community and that result in competitive inte7 grated employment, including supported em8 ployment and customized employment, for ap9 plicants or eligible individuals with disabil10 ities.’’; 

11 (B) by striking paragraph (2)(B) and in12 serting the following: 

13 ‘‘(B) The establishment, development, or 

14 improvement of a facility for a community reha15 bilitation program, or the construction of such 

16 a facility, which shall be limited to that nec17 essary for the expansion or improvement of 

18 services described in this section for applicants 

19 or eligible individuals with disabilities.’’; 

20 (C) by striking paragraph (5) and insert21 ing the following: 

22 ‘‘(5) Technical assistance to businesses that are 

23 seeking to employ individuals with disabilities.’’; and 

24 (D) by striking paragraph (6) and insert25 ing the following: 


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1 ‘‘(6) Consultation and technical assistance serv2 ices to assist State educational agencies and local 

3 educational agencies in planning for the transition of 

4 students with disabilities from school to postsec5 ondary life, including employment.’’. 

6 SEC. 515. STATE REHABILITATION COUNCIL. 

7 Section 105 (29 U.S.C. 725) is amended— 

8 (1) in subsection (b)(1)— 

9 (A) in subparagraph (A)— 

10 (i) by striking clause (ix) and insert11 ing the following: 

12 ‘‘(ix) in a State in which one or more 

13 projects are funded under section 121 and 

14 in which such services are provided 

15 through those projects, at least one rep16 resentative of the directors of the projects 

17 located in such State;’’; 

18 (ii) in clause (x), by striking ‘‘and’’ at 

19 the end; 

20 (iii) in clause (xi)— 

21 (I) by striking ‘‘State workforce 

22 investment board’’ and inserting 

23 ‘‘State workforce development board’’; 

24 and 


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1 (II) by striking the period and 

2 inserting ‘‘; and’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(xii) the director of the State’s com6 prehensive statewide program of tech7 nology-related assistance funded under sec8 tion 4 of the Assistive Technology Act of 

9 1998 (29 U.S.C. 3003).’’; and 

10 (B) in subparagraph (B)— 

11 (i) in clause (xi), by striking ‘‘and’’ at 

12 the end; 

13 (ii) in clause (xii), by striking the pe14 riod and inserting ‘‘; and’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(xiii) the director of the State’s com18 prehensive statewide program of tech19 nology-related assistance funded under sec20 tion 4 of the Assistive Technology Act of 

21 1998 (29 U.S.C. 3003).’’; and 

22 (2) in subsection (c)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘State workforce investment board’’ 


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1 and inserting ‘‘State workforce development 

2 board’’; and 

3 (B) in paragraph (6), by striking ‘‘Service 

4 Act’’ and all that follows and inserting ‘‘Service 

5 Act (42 U.S.C. 300x–3(a)) and the State work6 force development board, and with the activities 

7 of entities carrying out programs under the As8 sistive Technology Act of 1998 (29 U.S.C. 3001 

9 et seq.);’’. 

10 SEC. 516. EVALUATION STANDARDS AND PERFORMANCE 

11 INDICATORS. 

12 Section 106 (29 U.S.C. 726) is amended by striking 

13 subsection (a) and inserting the following: 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) STANDARDS AND INDICATORS.—The eval16 uation standards and performance indicators for the 

17 vocational rehabilitation program carried out under 

18 this title shall be subject to the performance ac19 countability provisions described in section 131(b) of 

20 the Workforce Investment Act of 2013. 

21 ‘‘(2) ADDITIONAL PERFORMANCE ACCOUNT22 ABILITY INDICATORS.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Commissioner may establish ad25 ditional performance accountability indicators, 


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1 which may include outcome and related meas2 ures of program performance. 

3 ‘‘(B) COMMENT.—Such additional per4 formance accountability indicators shall be de5 veloped with input from State vocational reha6 bilitation agencies, related professional and con7 sumer organizations, recipients of vocational re8 habilitation services, and other interested par9 ties. The Commissioner shall publish in the 

10 Federal Register a notice of intent to regulate 

11 regarding the development of proposed addi12 tional performance accountability indicators. 

13 Proposed additional performance accountability 

14 indicators shall be published in the Federal 

15 Register for review and comment. Final addi16 tional performance accountability indicators 

17 shall be published in the Federal Register. 

18 ‘‘(3) REPORTS.—Each State that receives funds 

19 under this title shall submit a report to the Commis20 sioner containing information on any additional per21 formance accountability indicators established under 

22 paragraph (2). 

23 ‘‘(4) CONSUMER ORGANIZATION.—In this sub24 section, the term ‘consumer organization’ means a 

25 membership organization, or disability advocacy 


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1 group, for which a majority of the members of the 

2 board of directors of the organization or group are 

3 individuals with disabilities or family members of in4 dividuals with disabilities.’’. 

5 SEC. 517. MONITORING AND REVIEW. 

6 (a) IN GENERAL.—Section 107(a) (29 U.S.C. 

7 727(a)) is amended— 

8 (1) in paragraph (3)(E), by inserting before the 

9 period the following: ‘‘, including personnel of a cli10 ent assistance program under section 112, and past 

11 or current recipients of vocational rehabilitation 

12 services’’; and 

13 (2) in paragraph (4)— 

14 (A) by striking subparagraphs (A) and (B) 

15 and inserting the following: 

16 ‘‘(A) the eligibility process, including the 

17 process related to the determination of ineligi18 bility under section 102(a)(5); 

19 ‘‘(B) the provision of services, including 

20 supported employment services, and pre-em21 ployment transition services for students with 

22 disabilities and, if applicable, the order of selec23 tion;’’; 

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

25 ‘‘and’’ at the end; 


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1 (C) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (D) by inserting after subparagraph (C) 

4 the following: 

5 ‘‘(D) data on individuals determined to be 

6 ineligible for services due to severity of their 

7 disability, to determine if systematic changes 

8 could result in increased capacity to meet the 

9 needs of such individuals; and’’. 

10 (b) REVIEW.—Section 107(d) (29 U.S.C. 727(d)) is 

11 amended, in paragraphs (1) and (2), by striking ‘‘a final 

12 determination of the Commissioner under section 101(b) 

13 or subsection (c)’’ and inserting ‘‘a final determination on 

14 a State plan for vocational rehabilitation services under 

15 the procedures referenced in section 101(b), or a final de16 termination by the Commissioner under subsection (c)’’. 

17 SEC. 518. TRAINING AND SERVICES FOR EMPLOYERS. 

18 Section 109 (29 U.S.C. 728a) is amended to read as 

19 follows: 

20 ‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 

21 ‘‘A State may expend payments received under sec22 tion 111 to educate and provide services to employers who 

23 have hired or are interested in hiring individuals with dis24 abilities under programs carried out under this title, in25 cluding— 


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1 ‘‘(1) providing training and technical assistance 

2 to employers regarding the employment of individ3 uals with disabilities, including disability awareness, 

4 and the requirements of the Americans with Disabil5 ities Act of 1990 (42 U.S.C. 12101 et seq.) and 

6 other employment-related laws; 

7 ‘‘(2) working with employers to— 

8 ‘‘(A) provide opportunities for work-based 

9 learning experience (including internships, 

10 short-term employment, apprenticeships, and 

11 fellowships), such as opportunities in conjunc12 tion with pre-employment transition services; 

13 ‘‘(B) recruit qualified applicants with dis14 abilities; 

15 ‘‘(C) train employees with disabilities; and 

16 ‘‘(D) promote retention of employees who 

17 are at risk of losing a job due to disability-re18 lated barriers; 

19 ‘‘(3) providing consultations, technical assist20 ance, and support to employers on workplace accom21 modations, assistive technology, and facilities and 

22 workplace access; 

23 ‘‘(4) assisting employers with utilizing available 

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1 tions available for hiring or accommodating individ2 uals with disabilities; and 

3 ‘‘(5) supporting the development of working re4 lationships between State vocational rehabilitation 

5 agencies, their community partners, and employers 

6 on multi-State and national levels, including— 

7 ‘‘(A) encouraging employers to recruit 

8 qualified individuals with disabilities for avail9 able employment opportunities; 

10 ‘‘(B) facilitating such recruitment by dis11 seminating information about specific available 

12 employment opportunities to qualified individ13 uals who are recipients of vocational rehabilita14 tion services under this subtitle, or who are ap15 plicants for such services; 

16 ‘‘(C) matching qualified individuals who 

17 are recipients of vocational rehabilitation serv18 ices under this subtitle, or who are applicants 

19 for such services, with employers that have 

20 available employment opportunities on the local, 

21 regional, or national level; and 

22 ‘‘(D) providing support services, as appro23 priate, to employers to facilitate the hiring of 

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1 tional rehabilitation services under this subtitle, 

2 or who are applicants for such services.’’. 

3 SEC. 519. STATE ALLOTMENTS. 

4 (a) IN GENERAL.—Section 110 (29 U.S.C. 730) is 

5 amended— 

6 (1) in subsection (a)(1), by striking ‘‘Subject to 

7 the provisions of subsection (c)’’ and inserting ‘‘Sub8 ject to the provisions of subsections (c), (d), and 

9 (e),’’; and 

10 (2) by striking subsections (b) and (c) and in11 serting the following: 

12 ‘‘(b)(1) Not later than 45 days prior to the end of 

13 the fiscal year, the Commissioner shall determine, after 

14 reasonable opportunity for the submission to the Commis15 sioner of comments by the State agency administering or 

16 supervising the program established under this title, 

17 whether any amount from the payment of an allotment 

18 to a State under section 111(a) for any fiscal year will 

19 not be utilized by such State in carrying out the purposes 

20 of this title. 

21 ‘‘(2)(A) As soon as practicable but not later than the 

22 end of the fiscal year, the Commissioner shall reallot the 

23 amount available under paragraph (1) to other States, 

24 consistent with subparagraphs (B) and (C), for carrying 

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1 sioner determines such an other State will be able to use 

2 an additional amount, during that fiscal year or the subse3 quent fiscal year for carrying out such purposes. 

4 ‘‘(B)(i) The Commissioner shall reallot a portion of 

5 the amount available under paragraph (1) for a fiscal year 

6 to each State whose allotment under subsection (a) for 

7 such fiscal year is less than such State’s allotment under 

8 subsection (a) for the immediately preceding fiscal year, 

9 adjusted by the percentage change in the funds available 

10 for subsection (a) from the immediately preceding fiscal 

11 year. 

12 ‘‘(ii)(I) Subject to subclause (II), a State that is eligi13 ble to receive a reallotment under clause (i) shall receive 

14 a portion for a fiscal year from the amount available for 

15 reallotment under paragraph (1) that is equal to the dif16 ference between— 

17 ‘‘(aa) the amount such State was allotted under 

18 subsection (a) for such fiscal year; and 

19 ‘‘(bb) the amount such State was allotted under 

20 subsection (a) for the immediately preceding fiscal 

21 year, adjusted by the percentage change in the funds 

22 available for subsection (a) from the immediately 

23 preceding fiscal year. 

24 ‘‘(II) If the amount available for reallotment under 

25 paragraph (1) is insufficient to provide each State eligible 


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1 to receive a reallotment under clause (i) with the portion 

2 described in subclause (I), the amount reallotted to each 

3 eligible State shall be determined by the Commissioner. 

4 ‘‘(C) If there are funds remaining after each State 

5 eligible to receive a reallotment under subparagraph (B)(i) 

6 receives the portion described in subparagraph (B)(ii), the 

7 Commissioner shall reallot the remaining funds among the 

8 States requesting a reallotment. 

9 ‘‘(3) The Commissioner shall reallot an amount to a 

10 State under this subsection only if the State will be able 

11 to make sufficient payments from non-Federal sources to 

12 pay for the non-Federal share of the cost of vocational 

13 rehabilitation services under the State plan for the fiscal 

14 year for which the amount was appropriated. 

15 ‘‘(4) For the purposes of this part, any portion made 

16 available to a State for any fiscal year pursuant to this 

17 subsection shall be regarded as an increase of such State’s 

18 allotment (as determined under the preceding provisions 

19 of this section) for such year. 

20 ‘‘(c)(1) For fiscal year 2014 and each fiscal year 

21 thereafter, the Commissioner shall reserve, from the funds 

22 appropriated under section 100(b)(1) for the fiscal year 

23 involved, an amount that is not less than 1.23 percent and 

24 not more than 1.5 percent of those funds in order to carry 

25 out section 121, except that the minimum percentage that 


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1 may be so reserved shall increase by 0.01 percentage 

2 points for each succeeding fiscal year after fiscal year 

3 2014. 

4 ‘‘(2) Notwithstanding paragraph (1), there shall be 

5 no increase in the minimum percentage of funds reserved 

6 under paragraph (1) unless there is an equivalent increase 

7 in the funds appropriated under section 100(b)(1).’’. 

8 (b) RESERVATION FOR PRE-EMPLOYMENT TRANSI9 TION SERVICES.—Section 110 (29 U.S.C. 730) is amend10 ed by adding at the end the following: 

11 ‘‘(d)(1) From any State allotment under subsection 

12 (a) for a fiscal year, the State shall reserve not less than 

13 15 percent of the allotted funds for the provision of transi14 tion services to assist students with disabilities and youth 

15 with disabilities in transitioning from education or train16 ing to employment, which includes pre-employment transi17 tion services under section 114. 

18 ‘‘(2) From the funds reserved under paragraph (1), 

19 the designated State unit shall not expend more than 5 

20 percent of the funds to pay for the administrative costs 

21 of providing the transition services. 

22 ‘‘(e)(1) For fiscal year 2014 and each fiscal year 

23 thereafter, the Commissioner shall reserve, from the funds 

24 appropriated under section 100(b) for each fiscal year, an 

25 amount that is equal to 0.25 percent of those funds to 


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1 support the transition of students with disabilities and 

2 youth with disabilities from education, or training, to com3 petitive integrated employment. 

4 ‘‘(2) Such reserved funds may be used for— 

5 ‘‘(A) the development of innovative policies, 

6 practices, and programs; 

7 ‘‘(B) the provision of technical assistance to 

8 designated State units, employers, and individuals 

9 with disabilities; 

10 ‘‘(C) the development of regional partnerships 

11 and technical assistance centers; 

12 ‘‘(D) the provision of support and technical as13 sistance for the provision of services and coordina14 tion of activities under section 114; and 

15 ‘‘(E) the dissemination of best practices regard16 ing the transition of students with disabilities and 

17 youth with disabilities from education, or training, 

18 to competitive integrated employment.’’. 

19 SEC. 520. PAYMENTS TO STATES. 

20 Section 111(a)(2) (29 U.S.C. 731(a)(2)) is amended 

21 by striking subparagraph (B) and inserting the following: 

22 ‘‘(B) The amount otherwise payable to a State for 

23 a fiscal year under this section shall be reduced by the 

24 amount by which expenditures from non-Federal sources 

25 under the State plan under this title for any previous fiscal 


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1 year are less than the total of such expenditures for the 

2 second fiscal year preceding that previous fiscal year.’’. 

3 SEC. 521. CLIENT ASSISTANCE PROGRAM. 

4 Section 112 (29 U.S.C. 732) is amended— 

5 (1) in subsection (a)— 

6 (A) in the first sentence— 

7 (i) by striking ‘‘grants to States’’ and 

8 inserting ‘‘grants to agencies designated 

9 under subsection (c) (referred to individ10 ually in this section as a ‘designated CAP 

11 agency’)’’; 

12 (ii) by inserting ‘‘including under sec13 tions 114 and 511,’’ after ‘‘all available 

14 benefits under this Act,’’; and 

15 (iii) by inserting ‘‘and eligibility’’ after 

16 ‘‘to ensure the protection of the rights’’; 

17 and 

18 (B) in the second sentence, by striking 

19 ‘‘disabilities in the State’’ and inserting ‘‘dis20 abilities in the State in which the program is lo21 cated’’; 

22 (2) in subsection (b), by striking the matter 

23 preceding paragraph (1) and inserting ‘‘Neither an 

24 agency within the State, nor the State, may receive 

25 payments from an allotment under subsection (e) in 


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1 any fiscal year unless the State has designated 

2 under subsection (c) an agency that—’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (2), by inserting ‘‘(as de5 fined in section 106(a)(4))’’ after ‘‘consumer 

6 organizations’’; and 

7 (B) in paragraph (3), by striking ‘‘agency 

8 designated under this subsection’’ and inserting 

9 ‘‘designated CAP agency’’; 

10 (4) in subsection (d), by striking ‘‘agency des11 ignated under subsection (c) of this section’’ and in12 serting ‘‘designated CAP agency’’; 

13 (5) in subsection (e)— 

14 (A) in paragraph (1)— 

15 (i) by striking subparagraph (A) and 

16 inserting the following: 

17 ‘‘(A) After reserving funds under subparagraphs (E) 

18 and (F), the Secretary shall allot the remainder of the 

19 sums appropriated for each fiscal year under this section 

20 among the designated CAP agencies within the States on 

21 the basis of relative population of each State, except that 

22 no such agency shall receive less than $50,000.’’; 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘the designated CAP agencies located in’’ 

25 before ‘‘American Samoa’’; and 


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1 (iii) by striking subparagraph (D) and 

2 inserting the following: 

3 ‘‘(D)(i) For any fiscal year for which the funds ap4 propriated for such fiscal year under subsection (h) exceed 

5 $7,500,000, the minimum allotment under this subsection 

6 shall be $100,000 for the designated CAP agencies located 

7 in States and $45,000 for the designated CAP agencies 

8 located in territories. 

9 ‘‘(ii) For any fiscal year for which the total amount 

10 appropriated under subsection (h) exceeds the total 

11 amount appropriated under such subsection (or the cor12 responding provision) for the preceding fiscal year, the 

13 Secretary shall increase each of the minimum allotments 

14 under clause (i) by a percentage that shall not exceed the 

15 percentage increase, calculated by dividing such total 

16 amount for the fiscal year involved by such total amount 

17 for the preceding fiscal year. 

18 ‘‘(E)(i) For any fiscal year for which the amount ap19 propriated under subsection (h) equals or exceeds 

20 $13,000,000, and for each subsequent fiscal year, the Sec21 retary shall reserve funds appropriated under subsection 

22 (h) to make a grant to the protection and advocacy system 

23 serving the American Indian Consortium, to provide des24 ignated CAP agency services in accordance with the re25 quirements of this section. The amount of such a grant 


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1 shall be the same amount as is provided to a territory 

2 under subparagraph (B), as increased under clauses (i) 

3 and, if applicable, (ii) of subparagraph (D). 

4 ‘‘(ii) In this subparagraph: 

5 ‘‘(I) The term ‘American Indian Consortium’ 

6 has the meaning given the term in section 102 of the 

7 Developmental Disabilities Assistance and Bill of 

8 Rights Act of 2000 (42 U.S.C. 15002). 

9 ‘‘(II) The term ‘protection and advocacy sys10 tem’ means a protection and advocacy system estab11 lished under subtitle C of title I of the Develop12 mental Disabilities Assistance and Bill of Rights Act 

13 of 2000 (42 U.S.C. 15041 et seq.). 

14 ‘‘(F) For any fiscal year for which the amount appro15 priated under subsection (h) equals or exceeds 

16 $14,000,000, the Secretary shall reserve not less than 1.8 

17 percent and not more than 2.2 percent of such amount 

18 to provide a grant for training and technical assistance 

19 for the programs established under this section. Such 

20 training and technical assistance shall be coordinated with 

21 activities provided under section 509(c)(1)(A).’’; 

22 (B) in paragraph (2)— 

23 (i) except as provided in clause (ii), by 

24 striking ‘‘State’’ each place it appears and 

25 inserting ‘‘designated CAP agency’’; and 


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1 (ii) by striking ‘‘States’’ each place it 

2 appears and inserting ‘‘designated CAP 

3 agencies’’; and 

4 (C) in paragraph (3), by striking ‘‘agency 

5 designated’’ and all that follows and inserting 

6 ‘‘designated CAP agency the amount specified 

7 in the application approved under subsection 

8 (f).’’; 

9 (6) in subsection (f), by striking ‘‘State’’ and 

10 inserting ‘‘designated CAP agency’’; 

11 (7) in paragraph (1) of subsection (g), by strik12 ing ‘‘such programs’’ and inserting ‘‘the designated 

13 CAP agency of a State’’; and 

14 (8) in subsection (h), by striking ‘‘1999 

15 through 2003’’ and inserting ‘‘2014 through 2018’’. 

16 SEC. 522. TECHNICAL ASSISTANCE FOR QUALITY SERVICES. 

17 Part B of title I (29 U.S.C. 730 et seq.), is amended 

18 by adding at the end the following: 

19 ‘‘SEC. 113. ADDITIONAL TECHNICAL ASSISTANCE. 

20 ‘‘The Commissioner shall provide technical assistance 

21 for programs provided under this title regarding improv22 ing the quality of vocational rehabilitation services pro23 vided through the programs, including— 

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1 propriate Federal agencies, State and local work2 force development boards, and businesses or busi3 ness-led intermediaries; 

4 ‘‘(2) based on information obtained through the 

5 consultations, providing— 

6 ‘‘(A) technical assistance that improves 

7 that quality by enabling designated State units 

8 to develop successful partnerships with local 

9 and multi-State businesses in an effort to em10 ploy individuals with disabilities; and 

11 ‘‘(B) technical assistance on developing 

12 self-employment opportunities and improving 

13 employment outcomes for individuals with dis14 abilities; and 

15 ‘‘(3) providing technical assistance to improve 

16 the quality of vocational rehabilitation services pro17 grams carried out under section 121.’’. 

18 SEC. 523. PRE-EMPLOYMENT TRANSITION SERVICES. 

19 Part B of title I (29 U.S.C. 730 et seq.), as amended 

20 by section 522, is further amended by adding at the end 

21 the following: 

22 ‘‘SEC. 114. PROVISION OF PRE-EMPLOYMENT TRANSITION 

23 SERVICES. 

24 ‘‘(a) IN GENERAL.—From the funds reserved under 

25 section 110(d), and funds made available through other 


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1 funding sources, each State shall ensure that the des2 ignated State unit, in collaboration with the local edu3 cational agencies involved and other appropriate entities, 

4 shall provide, or arrange for the provision of, pre-employ5 ment transition services. 

6 ‘‘(b) LOCAL PRE-EMPLOYMENT TRANSITION COOR7 DINATOR.— 

8 ‘‘(1) COORDINATOR.—Each local office of a des9 ignated State unit shall designate staff to carry out 

10 the responsibilities of Local Pre-Employment Tran11 sition Coordinators for the local office, as well as ap12 propriate staff to support the Coordinators in car13 rying out the responsibilities described in paragraph 

14 (2). 

15 ‘‘(2) RESPONSIBILITIES.—It shall be the re16 sponsibility of a Local Pre-Employment Transition 

17 Coordinator to— 

18 ‘‘(A) attend individualized education pro19 gram meetings for students with disabilities, 

20 when invited; 

21 ‘‘(B) work with the local workforce devel22 opment boards, one-stop centers, and employers 

23 to develop job opportunities for students with 

24 disabilities, including internships, summer em25 ployment opportunities and other employment 


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1 opportunities available throughout the school 

2 year, and apprenticeships; and 

3 ‘‘(C) work with schools, including those 

4 carrying out activities under section 

5 614(d)(1)(A)(i)(VIII) of the Individuals with 

6 Disabilities Education Act (20 U.S.C. 

7 1414(d)(1)(A)(i)(VIII)), to coordinate and en8 sure the provision of pre-employment transition 

9 services for students with disabilities, including 

10 services described in clauses (i) through (v) of 

11 section 7(30)(B). 

12 ‘‘(c) NATIONAL PRE-EMPLOYMENT TRANSITION CO13 ORDINATION.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Education 

15 and the Secretary of Labor shall each designate a 

16 lead staff person to fulfill the responsibilities of a 

17 National Pre-Employment Transition Coordinator 

18 for Students with Disabilities. The National Pre19 Employment Transition Coordinators shall work co20 operatively, and with other Federal agencies includ21 ing the Corporation for National and Community 

22 Service, to develop and coordinate— 

23 ‘‘(A) agency policies related to pre-employ24 ment transition services; and 


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1 ‘‘(B) resources to increase job opportuni2 ties for students with disabilities, including in3 ternships, summer employment opportunities 

4 and other employment opportunities available 

5 throughout the school year, and apprentice6 ships. 

7 ‘‘(2) CONSTRUCTION.—Nothing in this sub8 section shall be construed to prohibit either Sec9 retary from assigning additional responsibilities, 

10 other than the responsibilities described in this sub11 section, to a staff person designated under this sub12 section.’’. 

13 SEC. 524. AMERICAN INDIAN VOCATIONAL REHABILITA14 TION SERVICES. 

15 Section 121 (29 U.S.C. 741) is amended— 

16 (1) in subsection (a), in the first sentence, by 

17 inserting before the period the following: ‘‘(referred 

18 to in this section as ‘eligible individuals’), consistent 

19 with such eligible individuals’ strengths, resources, 

20 priorities, concerns, abilities, capabilities, interests, 

21 and informed choice, so that such individuals may 

22 prepare for, and engage in, high quality employment 

23 that will increase opportunities for economic self-suf24 ficiency’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1)— 

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

3 ‘‘and’’ at the end; 

4 (ii) in subparagraph (C), by striking 

5 the period and inserting ‘‘; and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) contains assurances that— 

9 ‘‘(i) all decisions affecting eligibility 

10 for vocational rehabilitation services, the 

11 nature and scope of available vocational re12 habilitation services, and the provision of 

13 such services, will be made by a represent14 ative of the tribal vocational rehabilitation 

15 program funded through the grant; and 

16 ‘‘(ii) such decisions will not be dele17 gated to another agency or individual.’’; 

18 and 

19 (B) by striking paragraphs (3) and (4) and 

20 inserting the following: 

21 ‘‘(3) If an application is approved under this part for 

22 a grant, the resulting grant shall be for 5 years, if the 

23 grant recipient complies with the program requirements 

24 for the program carried out under this part (including the 

25 regulations promulgated for the program). The grant shall 


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1 be renewed for additional 5-year periods if the Commis2 sioner determines that the grant recipient demonstrated 

3 acceptable past performance and the grant recipient sub4 mits, and obtains approval by the Commissioner, for a 

5 plan, including a proposed budget, that identifies future 

6 performance criteria, goals, and objectives. The State shall 

7 continue to provide vocational rehabilitation services under 

8 the State plan to American Indians residing on or near 

9 a reservation whenever such State includes any such 

10 American Indians in its State population under section 

11 110(a)(1). 

12 ‘‘(4) In allocating funds for grants under this part, 

13 the Secretary shall give priority to paying the continuation 

14 costs of projects in existence on the date of the allocation 

15 and may provide for increases in funding for such projects 

16 that the Secretary determines to be necessary.’’; 

17 (3) by redesignating subsection (c) as sub18 section (d); and 

19 (4) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c)(1) From the funds appropriated and made avail22 able to carry out this part for any fiscal year, beginning 

23 with fiscal year 2014, the Commissioner shall first reserve 

24 not less than 1.8 percent and not more than 2 percent 

25 of the funds to provide training and technical assistance 


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1 to governing bodies described in subsection (a) for such 

2 fiscal year. 

3 ‘‘(2) From the funds reserved under paragraph (1), 

4 the Commissioner shall make grants to, and enter into 

5 contracts and other arrangements with, entities that have 

6 experience in the operation of vocational rehabilitation 

7 services programs under this section to provide such train8 ing and technical assistance with respect to developing, 

9 conducting, administering, and evaluating such programs. 

10 ‘‘(3) The Commissioner shall conduct a survey of the 

11 governing bodies regarding training and technical assist12 ance needs in order to determine funding priorities for 

13 such grants, contracts, or other arrangements. 

14 ‘‘(4) To be eligible to receive a grant or enter into 

15 a contract or other arrangement under this section, such 

16 an entity shall submit an application to the Commissioner 

17 at such time, in such manner, and containing a proposal 

18 to provide such training and technical assistance, and con19 taining such additional information as the Commissioner 

20 may require. The Commissioner shall provide for peer re21 view of grant applications by panels that include persons 

22 who are not government employees and who have experi23 ence in the operation of vocational rehabilitation services 

24 programs under this section.’’. 


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1 SEC. 525. VOCATIONAL REHABILITATION SERVICES CLIENT 

2 INFORMATION. 

3 Section 131 (29 U.S.C. 751) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘Education’’ and in8 serting ‘‘Labor’’; and 

9 (ii) in subparagraph (B)(i), by strik10 ing ‘‘Rehabilitation Services Administra11 tion’’ and inserting ‘‘Disability Employ12 ment Services and Supports Administra13 tion’’; and 

14 (B) in paragraph (2), by striking ‘‘title I 

15 of the Workforce Investment Act of 1998’’ and 

16 inserting ‘‘title II of the Workforce Investment 

17 Act of 2013’’; and 

18 (2) in subsection (b), by striking ‘‘Rehabilita19 tion Services Administration’’ and inserting ‘‘Dis20 ability Employment Services and Supports Adminis21 tration’’. 

22 SEC. 526. GAO STUDY ON INTERACTION WITH THE TICKET 

23 TO WORK AND SELF-SUFFICIENCY PROGRAM. 

24 (a) IN GENERAL.—The Comptroller General of the 

25 United States shall conduct a study on the interaction of 

26 programs carried out under title I of the Rehabilitation 


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1 Act of 1973 (29 U.S.C. 720 et seq.) with the Ticket to 

2 Work and Self-Sufficiency Program established under sec3 tion 1148 of the Social Security Act (42 U.S.C. 1320b– 

4 19), including the impact of the interaction on bene5 ficiaries, community rehabilitation programs (as defined 

6 in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 

7 705)), and designated State agencies (as so defined). 

8 (b) CONDUCT OF STUDY.—In conducting the study 

9 under paragraph (1), the Comptroller General of the 

10 United States shall consult with all types of participants 

11 in the Ticket to Work and Self-Sufficiency Program, in12 cluding the Social Security Administration, the Disability 

13 Employment Services and Supports Administration, tick14 etholders, such designated State agencies, entities car15 rying out such community rehabilitation programs (includ16 ing employment networks), protection and advocacy sys17 tems, relevant contractors, and organizations representing 

18 the interests of ticketholders. 

19 (c) REPORT TO CONGRESS.—Not later than 18 

20 months after the date of enactment of this Act, the Comp21 troller General of the United States shall submit a report, 

22 based on the findings of the study conducted pursuant to 

23 this section, to the Committee on Education and the 

24 Workforce of the House of Representatives, the Com25 mittee on Ways and Means of the House of RepresentaVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tives, the Committee on Health, Education, Labor, and 

2 Pensions of the Senate, and the Committee on Finance 

3 of the Senate. 

4 Subtitle C—Research and Training 

5 SEC. 531. PURPOSE. 

6 Section 200 (29 U.S.C. 760) is amended— 

7 (1) in paragraph (1), by inserting ‘‘technical as8 sistance,’’ after ‘‘training,’’; 

9 (2) in paragraph (2), by inserting ‘‘technical as10 sistance,’’ after ‘‘training,’’; 

11 (3) in paragraph (3)— 

12 (A) in the matter preceding subparagraph 

13 (A)— 

14 (i) by inserting ‘‘, use, and adoption’’ 

15 after ‘‘transfer’’; and 

16 (ii) by inserting ‘‘in a timely and effi17 cient manner,’’ after ‘‘disabilities’’; and 

18 (B) in subparagraph (D), by inserting 

19 ‘‘and dissemination of research findings to indi20 viduals with disabilities and other interested en21 tities’’ after ‘‘technology’’; 

22 (4) in paragraph (5), by striking ‘‘and’’ after 

23 the semicolon; 

24 (5) in paragraph (6), by striking the period and 

25 inserting ‘‘; and’’; and 


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

2 ‘‘(7) identify effective strategies for supporting 

3 the employment of individuals with disabilities in 

4 competitive integrated employment.’’. 

5 SEC. 532. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 201(a) (29 U.S.C. 761(a)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘1999 through 2003’’ and 

9 inserting ‘‘2014 through 2018’’; 

10 (B) by striking ‘‘National Institute on Dis11 ability and Rehabilitation Research’’ and insert12 ing ‘‘National Institute on Disability, Inde13 pendent Living, and Rehabilitation Research’’; 

14 and 

15 (C) by striking ‘‘Rehabilitation Research 

16 Advisory Council’’ and inserting ‘‘Disability, 

17 Independent Living, and Rehabilitation Re18 search Advisory Council’’; and 

19 (2) in paragraph (2), by striking ‘‘1999 

20 through 2003’’ and inserting ‘‘2014 through 2018’’. 

21 SEC. 533. NATIONAL INSTITUTE ON DISABILITY, INDE22 PENDENT LIVING, AND REHABILITATION RE23 SEARCH. 

24 Section 202 (29 U.S.C. 762) is amended— 


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1 (1) in the section heading, by inserting ‘‘, 

2 INDEPENDENT LIVING,’’ after ‘‘DISABILITY’’; 

3 (2) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘Department of 

7 Education’’ and all that follows through 

8 ‘‘which’’ and inserting ‘‘Administration for 

9 Community Living of the Department of 

10 Health and Human Services a National In11 stitute on Disability, Independent Living, 

12 and Rehabilitation Research (referred to in 

13 this title as the ‘Institute’), which’’; and 

14 (ii) in subparagraph (A)— 

15 (I) in clause (i), by inserting ‘‘, 

16 as appropriate’’ after ‘‘research’’; 

17 (II) in clause (ii), by striking 

18 ‘‘and training; and’’ and inserting ‘‘, 

19 training, and technical assistance;’’; 

20 (III) by redesignating clause (iii) 

21 as clause (iv); and 

22 (IV) by inserting after clause (ii) 

23 the following: 


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1 ‘‘(iii) outreach and information that 

2 clarifies research implications for policy 

3 and practice; and’’; and 

4 (B) in paragraph (2), by striking ‘‘di5 rectly’’ and all that follows through the period 

6 and inserting ‘‘directly responsible to the Ad7 ministrator for the Administration for Commu8 nity Living of the Department of Health and 

9 Human Services.’’; 

10 (3) in subsection (b)— 

11 (A) in paragraph (2), by striking subpara12 graphs (A) through (D) and inserting the fol13 lowing: 

14 ‘‘(A) individuals with disabilities and the 

15 individuals’ representatives; 

16 ‘‘(B) other Federal, State, tribal, and local 

17 public agencies; 

18 ‘‘(C) private organizations engaged in re19 search relating to independent living, rehabilita20 tion, or providing rehabilitation or independent 

21 living services; 

22 ‘‘(D) rehabilitation practitioners; and 

23 ‘‘(E) international organizations and other 

24 organizations, as appropriate;’’; 


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1 (B) in paragraph (3), by striking ‘‘in reha2 bilitation’’ and inserting ‘‘on disability, inde3 pendent living, and rehabilitation’’; 

4 (C) in paragraph (4)— 

5 (i) in the matter preceding subpara6 graph (A), by inserting ‘‘education, health 

7 care,’’ after ‘‘independent living,’’; and 

8 (ii) by striking subparagraphs (A) 

9 through (D) and inserting the following: 

10 ‘‘(A) public and private entities, includ11 ing— 

12 ‘‘(i) elementary schools and secondary 

13 schools (as defined in section 9101 of the 

14 Elementary and Secondary Education Act 

15 of 1965 (20 U.S.C. 7801)); 

16 ‘‘(ii) institutions of higher education; 

17 and 

18 ‘‘(iii) nongovernmental agencies and 

19 organizations; 

20 ‘‘(B) rehabilitation practitioners; 

21 ‘‘(C) employers and organizations rep22 resenting employers with respect to employ23 ment-based educational materials or research; 

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1 nority groups or of populations that are 

2 unserved or underserved by programs under 

3 this Act); 

4 ‘‘(E) the individuals’ representatives for 

5 the individuals described in subparagraph (D); 

6 and 

7 ‘‘(F) the Committee on Health, Education, 

8 Labor, and Pensions of the Senate, the Com9 mittee on Appropriations of the Senate, the 

10 Committee on Education and the Workforce of 

11 the House of Representatives, and the Com12 mittee on Appropriations of the House of Rep13 resentatives;’’; 

14 (D) in paragraph (6)— 

15 (i) by striking ‘‘advances in rehabilita16 tion’’ and inserting ‘‘advances in disability, 

17 independent living, and rehabilitation’’; 

18 and 

19 (ii) by inserting ‘‘education, health 

20 care,’’ after ‘‘independent living,’’; 

21 (E) in paragraph (7), by striking ‘‘taking 

22 whatever action is necessary to keep the Con23 gress fully and currently informed’’ and insert24 ing ‘‘reporting to Congress annually’’; 

25 (F) in paragraph (8)— 


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1 (i) by striking ‘‘health, income,’’ and 

2 inserting ‘‘health care, income, edu3 cation,’’; and 

4 (ii) by striking ‘‘and evaluation of vo5 cational and other’’ and inserting ‘‘and 

6 evaluation of independent living, voca7 tional, and’’; 

8 (G) in paragraph (9), by striking ‘‘with vo9 cational rehabilitation services for the purpose 

10 of identifying effective rehabilitation programs 

11 and policies that promote the independence of 

12 individuals with disabilities and achievement of 

13 long-term vocational goals’’ and inserting ‘‘with 

14 independent living and vocational rehabilitation 

15 services for the purpose of identifying effective 

16 independent living and rehabilitation programs 

17 and policies that promote the independence of 

18 individuals with disabilities and achievement of 

19 long-term independent living and employment 

20 goals’’; 

21 (H) in paragraph (10), by striking ‘‘and 

22 telecommuting; and’’ and inserting ‘‘, supported 

23 employment (including customized employ24 ment), and telecommuting;’’; 


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1 (I) in paragraph (11), by striking the pe2 riod and inserting ‘‘; and’’; and 

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

4 ‘‘(12) ensuring that the research activities and 

5 findings, demonstration projects, reports, evalua6 tions, studies, information described in this section, 

7 as well as information about any reports in progress, 

8 will be made publicly available in a timely manner, 

9 including through electronic means (such as the 

10 website of the Department of Health and Human 

11 Services and other relevant government agency 

12 websites) in order to inform the public about the re13 search and activities performed under this title.’’; 

14 (4) in subsection (d)(1), by striking the second 

15 sentence and inserting the following: ‘‘The Director 

16 shall be an individual with substantial knowledge 

17 and experience in independent living, rehabilitation, 

18 and research administration.’’; 

19 (5) in subsection (f)(1)— 

20 (A) in the first sentence, by striking ‘‘fi21 nancial assistance’’ and inserting ‘‘funding’’; 

22 and 

23 (B) by striking the second sentence and in24 serting the following: ‘‘The scientific peer re25 view shall be conducted by individuals who are 


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1 not Department of Health and Human Services 

2 employees. The Secretary shall consider for 

3 peer review individuals who are scientists or 

4 other experts in disability, independent living, 

5 and rehabilitation, including individuals with 

6 disabilities and the individuals’ representatives, 

7 and who have sufficient expertise for the re8 search funding.’’; 

9 (6) in subsection (h)— 

10 (A) in paragraph (1)(A)— 

11 (i) by striking ‘‘priorities for rehabili12 tation research,’’ and inserting ‘‘priorities 

13 for disability, independent living, and reha14 bilitation research,’’; and 

15 (ii) by inserting ‘‘dissemination,’’ after 

16 ‘‘training,’’; and 

17 (B) in paragraph (2)— 

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

19 ‘‘especially in the area of employment’’ and 

20 inserting ‘‘especially in the areas of em21 ployment and independent living’’; 

22 (ii) in subparagraph (D)— 

23 (I) in clause (i), by striking ‘‘Re24 habilitation’’ and inserting ‘‘DisVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ability, Independent Living, and Re2 habilitation’’; and 

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

4 ‘‘researchers in the rehabilitation 

5 field’’ and inserting ‘‘researchers in 

6 the independent living and rehabilita7 tion fields’’; 

8 (iii) in subparagraph (E), by striking 

9 ‘‘widespread dissemination of the results 

10 of’’ and inserting ‘‘widespread dissemina11 tion of the information that clarifies impli12 cations of the results for policy and prac13 tice of’’; and 

14 (iv) in subparagraph (F), by inserting 

15 ‘‘of information that clarifies implications 

16 of the results for policy and practice and’’ 

17 after ‘‘widespread dissemination’’; 

18 (7) in subsection (j), by striking paragraph (3); 

19 and 

20 (8) by striking subsection (k) and inserting the 

21 following: 

22 ‘‘(k) The Director shall make grants to institutions 

23 of higher education for the training of independent living 

24 and rehabilitation researchers, including individuals with 

25 disabilities and traditionally underserved populations of 


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1 individuals with disabilities, as described in section 21, 

2 with particular attention to research areas that— 

3 ‘‘(1) support the implementation and objectives 

4 of this Act; and 

5 ‘‘(2) improve the effectiveness of services au6 thorized under this Act. 

7 ‘‘(l)(1) Not later than December 31 of each year, the 

8 Director shall prepare, and submit to the Secretary, the 

9 Committee on Health, Education, Labor, and Pensions of 

10 the Senate, and the Committee on Education and the 

11 Workforce of the House of Representatives, a report on 

12 the activities funded under this title. 

13 ‘‘(2) The report under paragraph (1) shall include— 

14 ‘‘(A) a compilation and summary of the infor15 mation provided by recipients of funding for such ac16 tivities under this title; 

17 ‘‘(B) a summary of recipients funding received 

18 under this title and the progress of the recipients of 

19 funding in achieving the measurable goals described 

20 in section 204(d)(2); and 

21 ‘‘(C) a summary of practical implications of re22 search outcomes and anticipated next steps. 

23 ‘‘(m)(1) If the Director determines that an entity 

24 that receives funding under this title fails to comply with 

25 the applicable requirements of this Act, or to make 


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1 progress toward achieving the measurable goals described 

2 in section 204(d)(2), with respect to the covered activities 

3 involved, the Director shall utilize available monitoring 

4 and enforcement measures. 

5 ‘‘(2) As part of the annual report required under sub6 section (l), the Secretary shall describe each action taken 

7 by the Secretary under paragraph (1) and the outcomes 

8 of such action.’’. 

9 SEC. 534. INTERAGENCY COMMITTEE. 

10 Section 203 (29 U.S.C. 763) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) by striking ‘‘and cooperation’’ and in13 serting ‘‘, cooperation, and collaboration’’; 

14 (B) by striking ‘‘conducting rehabilitation 

15 research’’ and inserting ‘‘conducting disability, 

16 independent living, and rehabilitation research’’; 

17 (C) by striking ‘‘chaired by the Director’’ 

18 and inserting ‘‘chaired by the Secretary of 

19 Health and Human Services, or the Secretary’s 

20 designee,’’; 

21 (D) by inserting ‘‘the Chairman of the Na22 tional Council on Disability, the Assistant Sec23 retary on Disability Employment Policy, Serv24 ices, and Supports, the Secretary of Defense, 

25 the Administrator of the Administration for 


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1 Community Living,’’ after ‘‘Assistant Secretary 

2 for Special Education and Rehabilitative Serv3 ices,’’; and 

4 (E) by striking ‘‘and the Director of the 

5 National Science Foundation.’’ and inserting 

6 ‘‘the Director of the National Science Founda7 tion, the Secretary of Commerce, and the Ad8 ministrator of the Small Business Administra9 tion. Each member of the Committee shall par10 ticipate in 1 or more of the standing commit11 tees based on the responsibilities of the agency 

12 or office the member represents.’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘from targeted individ16 uals’’ and inserting ‘‘individuals with dis17 abilities and their representatives’’; and 

18 (ii) by inserting ‘‘independent living 

19 and’’ before ‘‘rehabilitation’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking subparagraphs (A) and 

22 (B) and inserting the following: 

23 ‘‘(A) share information regarding the 

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1 corporates the principles of universal design, 

2 that is being carried out by members of the 

3 Committee and other Federal departments and 

4 organizations; 

5 ‘‘(B) identify and make efforts to address, 

6 gaps in assistive technology research, inde7 pendent living research, and research that in8 corporates the principles of universal design, 

9 that are not being adequately addressed;’’; 

10 (ii) in subparagraph (D), by striking 

11 ‘‘and research that incorporates the prin12 ciples of universal design’’ and inserting ‘‘, 

13 independent living research, and research 

14 that incorporates the principles of uni15 versal design’’; and 

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

17 ‘‘and research that incorporates the prin18 ciples of universal design.’’ and inserting ‘‘, 

19 independent living research, and research 

20 that incorporates the principles of uni21 versal design.’’; 

22 (3) by striking subsection (d); 

23 (4) by redesignating subsection (c) as sub24 section (d); 


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1 (5) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c)(1) Not later than 2 years after the date of enact4 ment of the Workforce Investment Act of 2013, and not 

5 later than every 3 years thereafter, the Committee shall 

6 host a disability, independent living, and rehabilitation re7 search summit bringing together policymakers, represent8 atives from Federal agencies conducting disability, inde9 pendent living, and rehabilitation research, and organiza10 tions representing individuals with disabilities, research11 ers, and providers. 

12 ‘‘(2) Based on the proceedings of the summit de13 scribed in paragraph (1), the Committee shall develop a 

14 comprehensive governmentwide strategic plan for dis15 ability, independent living, and rehabilitation research. 

16 The strategic plan shall include measurable goals and ob17 jectives, action-oriented measures, timetables, budgets, 

18 and assignment of responsible individuals and agencies for 

19 carrying out research activities. At a minimum, the stra20 tegic plan shall include— 

21 ‘‘(A) research priorities and recommendations; 

22 ‘‘(B) the development of a searchable govern23 mentwide inventory of disability, independent living, 

24 and rehabilitation research for trend and data anal25 ysis across Federal agencies; 


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1 ‘‘(C) a set of guiding principles and policies and 

2 procedures for conducting and administering dis3 ability, independent living, and rehabilitation re4 search across Federal agencies; and 

5 ‘‘(D) a summary of underemphasized and of 

6 duplicative areas of research. 

7 ‘‘(3) Not later than 90 days after the conclusion of 

8 the summit described in paragraph (1), the strategic plan 

9 described in paragraph (2) shall be submitted to the Presi10 dent and the Committee on Health, Education, Labor, and 

11 Pensions of the Senate and the Committee on Education 

12 and the Workforce of the House of Representatives. 

13 ‘‘(4) The annual report prepared by the Committee 

14 under subsection (d) shall include an annual accounting 

15 of the progress made in implementing the strategic plan 

16 described in paragraph (2), including achievement of 

17 measurable goals and objectives, timetables, budgets, and 

18 the assignment of responsible individuals and agencies. 

19 ‘‘(5) The Committee shall have the authority to facili20 tate collaborative projects among Federal agencies by re21 ceiving the transfer of funds from such agencies.’’; 

22 (6) in subsection (d), as redesignated by para23 graph (4)— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘Committee on Labor and Human 


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1 Resources of the Senate’’ and inserting ‘‘Com2 mittee on Health, Education, Labor, and Pen3 sions of the Senate’’; and 

4 (B) by striking paragraph (1) and insert5 ing the following: 

6 ‘‘(1) describes the progress of the Committee in 

7 fulfilling the duties described in subsections (b) and 

8 (c), and including specifically for subsection (c)— 

9 ‘‘(A) a report of the progress made in im10 plementing the strategic plan; 

11 ‘‘(B) a description of the achievement of 

12 measurable goals, objectives, and timetables; 

13 ‘‘(C) detailed budgetary information; and 

14 ‘‘(D) the assignment of responsible individ15 uals and agencies.’’; and 

16 (7) in subsection (e)— 

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

18 after the semicolon; 

19 (B) in paragraph (2), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(3) the term ‘independent living research’ 

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1 sistive technology and universal design, employment, 

2 education, health and function, and community inte3 gration and participation.’’. 

4 SEC. 535. RESEARCH AND OTHER COVERED ACTIVITIES. 

5 Section 204 (29 U.S.C. 764) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘pay part of’’ and in9 serting ‘‘fund’’; 

10 (ii) by inserting ‘‘have practical real 

11 life applications and’’ before ‘‘maximize’’; 

12 and 

13 (iii) by striking ‘‘employment, inde14 pendent living,’’ and inserting ‘‘employ15 ment, education, independent living, health 

16 care,’’; 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A), by inserting 

19 ‘‘and from which the research findings can 

20 be transferred to practice’’ after ‘‘State 

21 agencies’’; and 

22 (ii) in subparagraph (B)— 

23 (I) by striking clause (ii) and in24 serting the following: 


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1 ‘‘(ii) studies and analysis of factors related to 

2 industrial, vocational, educational, employment, so3 cial, recreational, psychiatric, psychological, eco4 nomic, and health and health care variables for indi5 viduals with disabilities, including traditionally un6 derserved populations as described in section 21, and 

7 how those variables affect such individuals’ ability to 

8 live independently and their participation in the 

9 labor force;’’; 

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

11 ‘‘are homebound’’ and inserting ‘‘have 

12 significant challenges attempting to 

13 engage with community life outside of 

14 their homes’’; 

15 (III) in clause (iv), by inserting 

16 ‘‘, including the principles of universal 

17 design and the interoperability of 

18 products and services’’ after ‘‘disabil19 ities’’; 

20 (IV) in clause (v), by inserting ‘‘, 

21 and to promote employment opportu22 nities in competitive integrated em23 ployment’’ after ‘‘employment’’; 

24 (V) in clause (vi), by striking 

25 ‘‘and’’ after the semicolon; 


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1 (VI) in clause (vii), by striking 

2 ‘‘and assistive technology.’’ and in3 serting ‘‘, assistive technology, and 

4 communications technology; and’’; and 

5 (VII) by adding at the end the 

6 following: 

7 ‘‘(viii) studies, analyses, and other activities af8 fecting employment outcomes as defined in section 

9 7(11), including self-employment and telecommuting, 

10 of individuals with disabilities.’’; and 

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

12 ‘‘(3) In carrying out this section, the Director shall 

13 emphasize covered activities that include plans for— 

14 ‘‘(A) dissemination of high quality materials, 

15 scientifically valid research results, or findings, con16 clusions, and recommendations resulting from cov17 ered activities, including through electronic means 

18 (such as the website of the Department of Health 

19 and Human Services), so that such information is 

20 available in a timely manner to the general public; 

21 or 

22 ‘‘(B) the commercialization of marketable prod23 ucts, research results, or findings, resulting from the 

24 covered activities.’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘(18)’’ 

2 both places the term appears and inserting 

3 ‘‘(17)’’; 

4 (B) in paragraph (2)— 

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

6 clauses (i) and (ii) and inserting the fol7 lowing: 

8 ‘‘(i) be operated in collaboration with institu9 tions of higher education or providers of rehabilita10 tion services, developers or providers of assistive 

11 technology devices, assistive technology services, or 

12 information technology devices or services, as appro13 priate, or providers of other appropriate services; 

14 and 

15 ‘‘(ii) serve as centers of national excellence and 

16 national or regional resources for individuals with 

17 disabilities, as well as providers, educators, and re18 searchers.’’; 

19 (ii) in subparagraph (B)— 

20 (I) by striking clause (i) and in21 serting the following: 

22 ‘‘(i) conducting coordinated and ad23 vanced programs of research in inde24 pendent living and rehabilitation targeted 

25 toward the production of new knowledge 


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1 that will improve independent living and 

2 rehabilitation methodology and service de3 livery systems, maximize health and func4 tion (including alleviating or stabilizing 

5 conditions, or preventing secondary condi6 tions), and promote maximum social and 

7 economic independence of individuals with 

8 disabilities, including promoting the ability 

9 of the individuals to prepare for, secure, 

10 retain, regain, or advance in employ11 ment;’’; 

12 (II) by redesignating clauses (ii), 

13 (iii), and (iv), as clauses (iii), (iv), and 

14 (v), respectively; 

15 (III) by inserting after clause (i) 

16 the following: 

17 ‘‘(ii) conducting coordinated and advanced pro18 grams in research in employer practices targeted to19 ward production of new knowledge that will facilitate 

20 the ability of employers to identify, recruit, accom21 modate, advance, and retain qualified individuals 

22 with disabilities;’’; 

23 (IV) in clause (iii), as redesig24 nated by subclause (II), by inserting 


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1 ‘‘independent living and’’ before ‘‘re2 habilitation services’’; 

3 (V) in clause (iv), as redesignated 

4 by subclause (II)— 

5 (aa) by inserting ‘‘inde6 pendent living and’’ before ‘‘reha7 bilitation’’ each place the term 

8 appears; and 

9 (bb) by striking ‘‘and’’ after 

10 the semicolon; and 

11 (VI) by striking clause (v), as re12 designated by subclause (II), and in13 serting the following: 

14 ‘‘(v) serving as an informational and technical 

15 assistance resource to individuals with disabilities, as 

16 well as to providers, educators, and researchers, 

17 through conferences, workshops, public education 

18 programs, in-service training programs, and similar 

19 activities and providing outreach and information 

20 that clarifies research implications for policy and 

21 practice to promote the use of research findings 

22 through training, technical assistance, and dissemi23 nation, including identifying potential new areas of 

24 research; and 


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1 ‘‘(vi) developing practical applications for the 

2 findings of the research of the Centers.’’; 

3 (iii) in subparagraph (C)— 

4 (I) in clause (i), by inserting ‘‘, 

5 including research on assistive tech6 nology devices, assistive technology 

7 services, and accessible electronic and 

8 information technology devices’’ after 

9 ‘‘research’’; 

10 (II) in clause (ii)— 

11 (aa) by striking ‘‘and social’’ 

12 and inserting ‘‘, social, and eco13 nomic’’; and 

14 (bb) by inserting ‘‘inde15 pendent living and’’ before ‘‘reha16 bilitation’’; and 

17 (III) by striking clauses (iii) 

18 through (vi) and inserting the fol19 lowing: 

20 ‘‘(iii) improving the evaluation process for de21 termining the assistive technology needs of individ22 uals with disabilities; 

23 ‘‘(iv) research related to vocational rehabilita24 tion, including the use of assistive technology devices 


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1 and accessible electronic and information technology 

2 devices in employment; 

3 ‘‘(v) continuation of research that promotes the 

4 emotional, social, educational, and functional growth 

5 of children who are individuals with disabilities, as 

6 well as their integration in school, employment, and 

7 community activities; 

8 ‘‘(vi) continuation of research to develop and 

9 evaluate interventions, policies, and services that 

10 support families of those children and adults who 

11 are individuals with disabilities; 

12 ‘‘(vii) continuation of research that will improve 

13 services and policies that foster the independence 

14 and social integration of individuals with disabilities, 

15 and enable individuals with disabilities, including in16 dividuals with intellectual disabilities and other de17 velopmental disabilities, to live in their communities; 

18 and 

19 ‘‘(viii) research, dissemination, and technical as20 sistance on best practices in supported employment 

21 and other strategies to promote competitive inte22 grated employment for persons with the most signifi23 cant disabilities.’’; 

24 (iv) by striking subparagraph (D) and 

25 inserting the following: 


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1 ‘‘(D) Training of students preparing to be inde2 pendent living or rehabilitation personnel or to provide 

3 independent living, rehabilitative, assistive, or supportive 

4 services (such as rehabilitation counseling, personal care 

5 services, direct care, job coaching, aides in school based 

6 settings, or advice or assistance in utilizing assistive tech7 nology devices, assistive technology services, and accessible 

8 electronic and information technology devices and serv9 ices) shall be an important priority for each such Center.’’; 

10 (v) in subparagraph (E), by striking 

11 ‘‘comprehensive’’; 

12 (vi) in subparagraph (G)(i), by insert13 ing ‘‘independent living and’’ before ‘‘reha14 bilitation-related’’; 

15 (vii) by striking subparagraph (I); and 

16 (viii) by redesignating subparagraphs 

17 (J) through (O) as subparagraphs (I) 

18 through (N), respectively; 

19 (C) in paragraph (3)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘independent living strategies and’’ before 

22 ‘‘rehabilitation technology’’; 

23 (ii) in subparagraph (B)— 


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1 (I) in clause (i)(I), by inserting 

2 ‘‘independent living and’’ before ‘‘re3 habilitation problems’’; 

4 (II) in clause (ii)(II), by striking 

5 ‘‘employment’’ and inserting ‘‘edu6 cational, employment,’’; and 

7 (III) in clause (iii)(II), by strik8 ing ‘‘employment’’ and inserting ‘‘edu9 cational, employment,’’; 

10 (iii) in subparagraph (D)(i)(II), by 

11 striking ‘‘postschool’’ and inserting ‘‘post12 secondary education, competitive inte13 grated employment, and other age-appro14 priate’’; and 

15 (iv) in subparagraph (G)(ii), by in16 serting ‘‘the success of any commercialized 

17 product researched or developed through 

18 the Center,’’ after ‘‘individuals with dis19 abilities,’’; 

20 (D) in paragraph (4)(B)— 

21 (i) in clause (i)— 

22 (I) by striking ‘‘vocational’’ and 

23 inserting ‘‘independent living, employ24 ment’’; 


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1 (II) by striking ‘‘special’’ and in2 serting ‘‘unique’’; and 

3 (III) by inserting ‘‘social and 

4 functional needs, and’’ before ‘‘acute 

5 care’’; and 

6 (ii) in clause (iv), by inserting ‘‘edu7 cation, health care,’’ after ‘‘employment,’’; 

8 (E) by striking paragraph (8) and insert9 ing the following: 

10 ‘‘(8) Grants may be used to conduct a program 

11 of joint projects with the National Institutes of 

12 Health, the National Institute of Mental Health, the 

13 Health Services Administration, the Administration 

14 on Aging, the Administration for Community Living, 

15 the National Science Foundation, the Department of 

16 Veterans Affairs, the Department of Defense, the 

17 Substance Abuse and Mental Health Services Ad18 ministration, the Federal Communications Commis19 sion, the Department of Health and Human Serv20 ices, the National Aeronautics and Space Adminis21 tration, the Department of Commerce, the Small 

22 Business Administration, the Department of Labor, 

23 other Federal agencies, and private industry in areas 

24 of joint interest involving rehabilitation.’’; 

25 (F) by striking paragraphs (9) and (11); 


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1 (G) by redesignating paragraphs (10), 

2 (12), (13), (14), (15), (16), (17), and (18), as 

3 paragraphs (9), (10), (11), (12), (13), (14), 

4 (15), and (16), respectively; 

5 (H) in paragraph (11), as redesignated by 

6 subparagraph (G)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘employment needs 

9 of individuals with disabilities, including’’ 

10 and inserting ‘‘employment needs, opportu11 nities, and outcomes (including those relat12 ing to self-employment, supported employ13 ment, and telecommuting) of individuals 

14 with disabilities, including’’; 

15 (ii) in subparagraph (B), by inserting 

16 ‘‘and employment related’’ after ‘‘the em17 ployment’’; 

18 (iii) in subparagraph (E), by striking 

19 ‘‘and’’ after the semicolon; 

20 (iv) in subparagraph (F), by striking 

21 the period at the end and inserting ‘‘; 

22 and’’; and 

23 (v) by adding at the end the following: 

24 ‘‘(G) develop models and alternatives to 

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1 uals with disabilities to competitive integrated 

2 employment for such individuals, and develop 

3 recommendations for decreasing reliance on the 

4 special minimum wage certificate program 

5 under section 14(c) of the Fair Labor Stand6 ards Act of 1938 (29 U.S.C. 214(c)).’’; 

7 (I) in paragraph (12), as redesignated by 

8 subparagraph (G)— 

9 (i) in the matter preceding subpara10 graph (A), by inserting ‘‘an independent 

11 living or’’ after ‘‘conduct’’; 

12 (ii) in subparagraph (D), by inserting 

13 ‘‘independent living or’’ before ‘‘rehabilita14 tion’’; and 

15 (iii) in the matter following subpara16 graph (E), by striking ‘‘National Institute 

17 on Disability and Rehabilitation Research’’ 

18 and inserting ‘‘National Institute on Dis19 ability, Independent Living, and Rehabili20 tation Research’’; 

21 (J) in paragraph (13), as redesignated by 

22 subparagraph (G), by inserting ‘‘independent 

23 living and’’ before ‘‘rehabilitation needs’’; and 

24 (K) in paragraph (14), as redesignated by 

25 subparagraph (G), by striking ‘‘and access to 


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1 gainful employment.’’ and inserting ‘‘, full par2 ticipation, equal opportunity, and economic self3 sufficiency.’’; and 

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

5 ‘‘(d)(1) In awarding grants, contracts, or other fund6 ing under this title, the Director shall award the funding 

7 on a competitive basis. 

8 ‘‘(2)(A) To be eligible to receive funds under this sec9 tion for a covered activity, an entity shall submit an appli10 cation to the Director at such time, in such manner, and 

11 containing such information as the Director may require. 

12 ‘‘(B) The application shall include information de13 scribing— 

14 ‘‘(i) measurable goals, as established through 

15 section 1115 of title 31, United States Code, and a 

16 timeline and specific plan for meeting the goals, that 

17 the applicant has set for addressing priorities related 

18 to— 

19 ‘‘(I) commercialization of a marketable 

20 product (including a marketable curriculum or 

21 research) resulting from the covered activity; 

22 ‘‘(II) in the case of a covered activity relat23 ing to technology, technology transfer; 

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1 ernment entities, individuals with disabilities, 

2 covered schools, the independent living commu3 nity, the business community, the assistive tech4 nology community, and the accessible electronic 

5 and information technology community; and 

6 ‘‘(IV) other priorities as required by the 

7 Director; and 

8 ‘‘(ii) how the applicant will quantifiably meas9 ure the goals to determine whether the goals have 

10 been accomplished. 

11 ‘‘(3)(A) In the case of an application for funding 

12 under this section to carry out a covered activity that re13 sults in the development of a marketable product, the ap14 plication shall also include a commercialization and dis15 semination plan, as appropriate, containing commer16 cialization and marketing strategies for the product in17 volved, and strategies for disseminating information about 

18 the product. The funding shall not be used to carry out 

19 the commercialization and marketing strategies. 

20 ‘‘(B) In the case of any other application for funding 

21 to carry out a covered activity under this section, the ap22 plication shall also include a dissemination plan, con23 taining strategies for disseminating educational materials, 

24 research results, or findings, conclusions, and rec25 ommendations, resulting from the covered activity.’’. 


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1 SEC. 536. DISABILITY, INDEPENDENT LIVING, AND REHA2 BILITATION RESEARCH ADVISORY COUNCIL. 

3 Section 205 (29 U.S.C. 765) is amended— 

4 (1) in the section heading, by inserting ‘‘DIS5 ABILITY, INDEPENDENT LIVING, AND’’ before 

6 ‘‘REHABILITATION’’; 

7 (2) in subsection (a)— 

8 (A) by striking ‘‘Department of Education 

9 a Rehabilitation Research Advisory Council’’ 

10 and inserting ‘‘Department of Health and 

11 Human Services a Disability, Independent Liv12 ing, and Rehabilitation Research Advisory 

13 Council’’; and 

14 (B) by inserting ‘‘not less than’’ after 

15 ‘‘composed of’’; 

16 (3) by striking subsection (c) and inserting the 

17 following: 

18 ‘‘(c) QUALIFICATIONS.—Members of the Council 

19 shall be generally representative of the community of dis20 ability, independent living, and rehabilitation profes21 sionals, the community of disability, independent living, 

22 and rehabilitation researchers, the directors of inde23 pendent living centers and community rehabilitation pro24 grams, the business community (including a representa25 tive of the small business community) that has experience 

26 with the system of vocational rehabilitation services and 


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1 independent living services carried out under this Act and 

2 with hiring individuals with disabilities, the community of 

3 stakeholders involved in assistive technology, the commu4 nity of covered school professionals, the community of in5 dividuals with disabilities, and the individuals’ representa6 tives. At least one-half of the members shall be individuals 

7 with disabilities or the individuals’ representatives.’’; and 

8 (4) in subsection (g), by striking ‘‘Department 

9 of Education’’ and inserting ‘‘Department of Health 

10 and Human Services’’. 

11 SEC. 537. DEFINITION OF COVERED SCHOOL. 

12 Title II (29 U.S.C. 760) is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 206. DEFINITION OF COVERED SCHOOL. 

15 ‘‘In this title, the term ‘covered school’ means an ele16 mentary school or secondary school (as such terms are de17 fined in section 9101 of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 7801)) or an institution 

19 of higher education.’’. 


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1 Subtitle D—Professional Develop2 ment and Special Projects and 

3 Demonstration 

4 SEC. 541. PURPOSE; TRAINING. 

5 (a) PURPOSE.—Section 301(a)(5) (29 U.S.C. 

6 771(a)(5)) is amended by striking ‘‘workforce investment 

7 systems’’ and inserting ‘‘workforce development systems’’. 

8 (b) TRAINING.—Section 302 (29 U.S.C. 772) is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (E)— 

13 (I) by striking all after ‘‘deliver’’ 

14 and inserting ‘‘supported employment 

15 services and customized employment 

16 services to individuals with the most 

17 significant disabilities’’; and 

18 (II) by striking ‘‘and’’ after the 

19 semicolon; 

20 (ii) in subparagraph (F), by striking 

21 ‘‘and’’ after the semicolon; 

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

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(H) personnel trained in providing assist4 ive technology services.’’; 

5 (B) in paragraph (4)— 

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘title I of the Work8 force Investment Act of 1998’’ and insert9 ing ‘‘title II of the Workforce Investment 

10 Act of 2013’’; 

11 (ii) in subparagraph (A), by striking 

12 ‘‘workforce investment system’’ and insert13 ing ‘‘workforce development system’’; and 

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

15 ‘‘section 134(c) of the Workforce Invest16 ment Act of 1998.’’ and inserting ‘‘section 

17 221(e) of the Workforce Investment Act of 

18 2013.’’; and 

19 (C) in paragraph (5)— 

20 (i) by striking ‘‘title I of the Work21 force Investment Act of 1998’’ and insert22 ing ‘‘title II of the Workforce Investment 

23 Act of 2013’’; and 


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1 (ii) by striking ‘‘Department of 

2 Labor’’ and inserting ‘‘Department of 

3 Education’’; 

4 (2) in subsection (b)(1)(B)(i), by striking ‘‘or 

5 prosthetics and orthotics’’ and inserting ‘‘prosthetics 

6 and orthotics, vision rehabilitation therapy, orienta7 tion and mobility instruction, or low vision therapy’’; 

8 (3) in subsection (g)— 

9 (A) in paragraph (1), by adding after the 

10 period the following: ‘‘Any technical assistance 

11 provided to community rehabilitation programs 

12 shall be focused on the employment outcome of 

13 competitive integrated employment for individ14 uals with disabilities.’’; and 

15 (B) in paragraph (3)— 

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

17 clause (iv) and inserting the following: 

18 ‘‘(iv) for the 2 years following the 

19 date of enactment of the Workforce Invest20 ment Act of 2013, to provide training re21 garding the amendments made to this Act 

22 under title V of the Workforce Investment 

23 Act of 2013.’’; and 

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

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1 tation Act Amendments of 1998’’ and in2 serting ‘‘on the date of enactment of the 

3 Workforce Investment Act of 2013’’; and 

4 (4) in subsection (i), by striking ‘‘fiscal years 

5 1999 through 2003’’ and inserting ‘‘fiscal years 

6 2014 through 2018’’. 

7 SEC. 542. DEMONSTRATION AND TRAINING PROGRAMS. 

8 Section 303 (29 U.S.C. 773) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (3)(A), by striking ‘‘Na11 tional Institute on Disability and Rehabilitation 

12 Research’’ and inserting ‘‘National Institute on 

13 Disability, Independent Living, and Rehabilita14 tion Research’’; 

15 (B) in paragraph (5)— 

16 (i) in subparagraph (A)— 

17 (I) by striking clause (i) and in18 serting the following: 

19 ‘‘(i) an initiative focused on improving 

20 transition from education to employment 

21 for youth who are individuals with signifi22 cant disabilities, particularly in competitive 

23 integrated employment, as described in 

24 subsection (c);’’; and 


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1 (II) by striking clause (iii) and 

2 inserting the following: 

3 ‘‘(iii) increasing competitive integrated 

4 employment for individuals with significant 

5 disabilities.’’; and 

6 (ii) in subparagraph (B)(viii), by 

7 striking ‘‘under title I of the Workforce In8 vestment Act of 1998’’ and inserting 

9 ‘‘under title II of the Workforce Invest10 ment Act of 2013’’; and 

11 (C) by striking paragraph (6); 

12 (2) by redesignating subsections (c), (d), and 

13 (e), as subsections (f), (g), and (h), respectively; 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) NATIONAL TRANSITION INITIATIVE FOR YOUTH

17 WITH SIGNIFICANT DISABILITIES.— 

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

19 is to demonstrate and increase systemic reforms nec20 essary for promoting the effective transition of cov21 ered students from secondary school to competitive 

22 integrated employment settings and opportunities, 

23 and ultimately to create enduring systems of service 

24 delivery and training within States that facilitate the 

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1 secondary life with the emphasis on achieving the 

2 outcome of competitive integrated employment. 

3 ‘‘(2) COVERED STUDENTS.— 

4 ‘‘(A) IN GENERAL.—In this subsection, the 

5 term ‘covered student’ means an individual who 

6 is not younger than 14 years of age and has not 

7 yet attained 22 years of age, who is within 3 

8 years of leaving secondary school and for whom, 

9 without an alternative intervention, the antici10 pated outcome would likely be placement in a 

11 facility-based day habilitation program, or in a 

12 vocational or employment program where the 

13 individual is paid less than minimum wage, or 

14 a lack of further training and assistance and 

15 who— 

16 ‘‘(i) is an individual with an intellec17 tual disability; 

18 ‘‘(ii) is an individual with a develop19 mental disability, as the term is defined in 

20 section 102 of the Developmental Disabil21 ities Assistance and Bill of Rights Act of 

22 2000 (42 U.S.C. 15002); or 

23 ‘‘(iii) is an individual with mental ill24 ness. 


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1 ‘‘(B) INDIVIDUAL WITH AN INTELLECTUAL

2 DISABILITY.—In this paragraph, the term ‘indi3 vidual with an intellectual disability’ means an 

4 individual with a cognitive impairment, charac5 terized by significant limitations in— 

6 ‘‘(i) intellectual and cognitive func7 tioning; and 

8 ‘‘(ii) adaptive behavior as expressed in 

9 conceptual, social, and practical adaptive 

10 skills. 

11 ‘‘(3) AWARDS AUTHORIZED.— 

12 ‘‘(A) COMPETITIVE AWARDS AUTHOR13 IZED.—The Commissioner may award grants, 

14 contracts, and cooperative agreements, on a 

15 competitive basis, to eligible entities described 

16 in paragraph (4), to enable such entities to 

17 carry out activities aimed at creating systemic 

18 reform focused on the improvement of employ19 ment outcomes in integrated settings at min20 imum wage or higher with commensurate bene21 fits for covered students. 

22 ‘‘(B) DURATION.—The Commissioner shall 

23 award grants, contracts, and cooperative agree24 ments under this subsection for 5 years. 


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1 ‘‘(4) ELIGIBLE ENTITIES.—To be eligible to re2 ceive a grant, contract, or cooperative agreement 

3 under this subsection, an applicant shall establish a 

4 consortium that— 

5 ‘‘(A) is managed by a multidisciplinary 

6 team to include the State Department of Labor, 

7 the State educational agency, the State voca8 tional rehabilitation agency, and either the 

9 State Agency on Developmental Disabilities 

10 Services or the State Department of Mental 

11 Health Services, or both if individuals with in12 tellectual disabilities, developmental disabilities, 

13 and mental illness are targeted populations of 

14 the applicant; 

15 ‘‘(B) includes representatives from the de16 velopmental disability and mental health serv17 ices community (including statewide provider 

18 agencies such as the Developmental Disabilities 

19 Planning Councils and the University Centers 

20 for Excellence in Developmental Disabilities), as 

21 well as individuals with disabilities and their ad22 vocates; and 

23 ‘‘(C) includes additional public and private 

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1 grated settings at minimum wage or higher 

2 with commensurate benefits for covered stu3 dents and with expertise in the provision of em4 ployment supports, and that— 

5 ‘‘(i) have a proven track record in suc6 cessfully running supported employment 

7 programs; 

8 ‘‘(ii) provide employment services that 

9 are integrated community-based supported 

10 employment services resulting in jobs at 

11 minimum wage or higher with commensu12 rate benefits; 

13 ‘‘(iii) have expertise in creating nat14 ural supports for employment; 

15 ‘‘(iv) have expertise in providing com16 puter training for the targeted population 

17 for the project involved; or 

18 ‘‘(v) have experience operating men19 toring programs for the target population 

20 in middle schools and high schools for not 

21 less than the previous 10 years in diverse 

22 communities throughout the Nation. 

23 ‘‘(5) APPLICATIONS.—Each eligible entity desir24 ing to receive a grant, contract, or cooperative agree25 ment under this subsection shall submit an applicaVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tion to the Commissioner at such time, in such man2 ner, and including such information as the Commis3 sioner may require. Each application shall include— 

4 ‘‘(A) a comprehensive implementation plan 

5 describing the actions the consortium intends to 

6 take to carry out the activities authorized in 

7 this subsection; 

8 ‘‘(B) a description of the means and mech9 anisms by which participating State agencies 

10 will coordinate efforts to evaluate and reform 

11 existing State policies, regulations, guidelines, 

12 operational procedures, and funding structures 

13 to institute systemic change focused on improv14 ing employment outcomes in integrated settings 

15 at minimum wage or higher with commensurate 

16 benefits; 

17 ‘‘(C) an evaluation plan detailing the strat18 egy the consortium will deploy to evaluate the 

19 project, with a specific focus on the collection of 

20 data on participants, including the following in21 formation: 

22 ‘‘(i) The number of covered students 

23 who directly enter competitive integrated 

24 employment upon exiting the school sys25 tem. 


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1 ‘‘(ii) The wages and number of hours 

2 worked of such covered students per pay 

3 period. 

4 ‘‘(iii) The impact of employment on 

5 any Federal and State benefits received. 

6 ‘‘(iv) Indicators of improved economic 

7 status and self-sufficiency. 

8 ‘‘(v) Data on those covered students 

9 who have not yet been placed in competi10 tive integrated employment, including the 

11 reasons that the covered students were not 

12 placed in competitive integrated employ13 ment, as well as the progress made to date 

14 in the acquisition of skills, training, and 

15 development necessary to attain competi16 tive integrated employment; 

17 ‘‘(D) a description of the ways in which 

18 the consortium will disseminate information 

19 about the activities and the impact of the activi20 ties on the lives of covered students served by 

21 the project; 

22 ‘‘(E) a description of the approaches the 

23 consortium intends to use to coordinate activi24 ties with other relevant service providers in the 

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1 cluding Centers for Independent Living under 

2 title VII; and 

3 ‘‘(F) a description of the policies and pro4 cedures, including specific program strategies 

5 and financial responsibilities, that the partners 

6 in the consortium (including the State agency 

7 responsible for the education of students with 

8 disabilities under the Individuals with Disabil9 ities Education Act) will implement in order to 

10 develop and maintain a collaborative and co11 ordinated network of services and providers. 

12 ‘‘(6) AUTHORIZED ACTIVITIES.—An eligible en13 tity that receives a grant, contract, or cooperative 

14 agreement under this subsection shall use the funds 

15 made available through the grant, contract, or coop16 erative agreement to carry out the following activi17 ties for covered students: 

18 ‘‘(A) PROVIDING SUPPORTED COMPETITIVE

19 INTEGRATED EMPLOYMENT EXPERIENCES.— 

20 The development of innovative and effective 

21 strategies for attaining competitive integrated 

22 employment experiences after school, on week23 ends, and in the summer, utilizing natural sup24 ports that lead to competitive high-paying jobs. 


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1 ‘‘(B) PROVIDING SUPPORT ACTIVITIES FOR

2 THE SUCCESSFUL TRANSITION OF YOUTH WITH

3 DISABILITIES.—The development of school4 based preparatory experiences, career prepara5 tion and work-based learning experiences (in6 cluding in-school, after school, and work experi7 ences outside the traditional school setting), 

8 youth development and leadership, connecting 

9 activities, and family involvement and supports 

10 directly linked to the successful attainment of 

11 competitive integrated employment. 

12 ‘‘(C) PROVIDING TRAINING TO SCHOOL

13 AND TRANSITION PERSONNEL.—The develop14 ment of appropriate and effective curricula and 

15 the deployment of professionals with expertise 

16 to provide training to school and transition per17 sonnel to enable them to develop the skills need18 ed to train covered students to be successful in 

19 attaining competitive integrated employment in 

20 a range of settings, including office settings. 

21 The training shall include providing instruction 

22 to covered students in computer skills, office 

23 skills, etiquette, and appropriate social behavior 

24 required for successful long-term employment in 

25 professional environments. 


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1 ‘‘(D) PROVIDING ASSISTANCE TO STU2 DENTS AND FAMILIES IN THE APPROPRIATE

3 NAVIGATION OF VARIOUS SUPPORTS, SERVICES, 

4 BENEFITS, AND PROGRAMS.—The provision of 

5 formal assistance to covered students and their 

6 families in navigating the complex system of 

7 supports and services across the array of rel8 evant Federal and State programs, including 

9 the following: 

10 ‘‘(i) An informed decision process 

11 leading to an employment outcome and the 

12 securing of funding supports for attaining 

13 the outcome. 

14 ‘‘(ii) A benefits planning process in 

15 order to educate covered students and their 

16 families regarding strategies for identi17 fying, optimizing, and managing available 

18 benefits and resources. 

19 ‘‘(iii) Individualized economic ad20 vancement strategies to increase a covered 

21 student’s economic self-sufficiency, with 

22 specific asset goals, including the use of fa23 vorable tax benefits, work incentives, 

24 matched savings plans, and financial edu25 cation. 


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1 ‘‘(7) CONTINGENCY ON RECEIPT OF FUND2 ING.—An eligible entity that receives a grant, con3 tract, or cooperative agreement under this sub4 section shall develop a draft memorandum of under5 standing among State government agencies partici6 pating in the consortium outlining key steps to be 

7 taken to collaborate and coordinate efforts to insti8 tute systemic change (including braided funding 

9 across agencies as a methodology for streamlining 

10 multiple funding streams, sharing of expertise 

11 among agencies, and collaboration among key per12 sonnel) focused on increasing opportunities for com13 petitive integrated employment for covered students. 

14 ‘‘(8) OUTCOMES AND EVALUATION.—An eligible 

15 entity that receives a grant, contract, or cooperative 

16 agreement under this subsection shall collect data 

17 and report annually on, at a minimum, progress in 

18 achieving specific outcomes outlined by the Commis19 sioner, including— 

20 ‘‘(A) the number of covered students who 

21 directly enter competitive integrated employ22 ment upon exiting the school system; 

23 ‘‘(B) the wages and number of hours 

24 worked of such covered students per pay period; 


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1 ‘‘(C) the impact of employment on any 

2 Federal and State benefits received; 

3 ‘‘(D) indicators of improved economic sta4 tus and self-sufficiency; and 

5 ‘‘(E) data on those covered students who 

6 have not yet been placed in competitive inte7 grated employment, including the reasons that 

8 the covered students were not placed in com9 petitive integrated employment, as well as the 

10 progress made to date in the acquisition of 

11 skills, training, and development necessary to 

12 attain competitive integrated employment. 

13 ‘‘(d) COMMISSIONER’S SCHOLAR PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Commissioner shall 

15 annually recognize, in a highly visible manner, eligi16 ble individuals with significant disabilities who are 

17 successfully completing a postgraduate degree in 

18 law, business, science, technology, engineering, 

19 mathematics, or medicine (including completing any 

20 residency program). 

21 ‘‘(2) STUDENT APPLICATIONS TO STATES.—Not 

22 later than May of 2014 and each subsequent year, 

23 each designated State unit shall solicit and consider 

24 the applications of individuals with significant dis25 abilities who are receiving, or eligible to receive, voVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cational rehabilitation services under this title and 

2 who have the potential to complete rigorous profes3 sional training in law, medicine, science, technology, 

4 engineering, mathematics, or business. The des5 ignated State unit shall select not more than 2 indi6 viduals, who are otherwise eligible for vocational re7 habilitation services under title I (but without regard 

8 to any order of selection established under section 

9 101(a)(5) in the State), for recognition as a Com10 missioner’s Scholar. 

11 ‘‘(3) ELIGIBILITY OF STUDENTS.—In order to 

12 be eligible to receive assistance through the program, 

13 an applicant— 

14 ‘‘(A) shall be receiving, or eligible to re15 ceive, vocational rehabilitation services under 

16 this title pursuant to an individualized plan for 

17 employment that specifies an employment out18 come in competitive integrated employment that 

19 would require graduate studies in the relevant 

20 field; 

21 ‘‘(B) shall have previously completed a 

22 bachelor’s degree program at an institution of 

23 higher education or to be scheduled to complete 

24 the degree not later than the July preceding the 


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1 first school year for which the applicant pro2 poses to use the assistance; and 

3 ‘‘(C) shall have applied to, and been ac4 cepted by, a program at an accredited institu5 tion of higher education in the United States 

6 that confers a juris doctor degree, a master’s of 

7 business administration degree, a doctor of 

8 medicine degree, a doctor of osteopathic medi9 cine degree, or a doctoral degree in a field of 

10 science, technology, engineering, or mathe11 matics. 

12 ‘‘(4) DETERMINATION BY THE COMMIS13 SIONER.—Each eligible individual selected to be a 

14 Commissioner’s Scholar shall— 

15 ‘‘(A) be recognized in a manner deter16 mined by the Commissioner; and 

17 ‘‘(B) participate in Commissioner’s Scholar 

18 activities, as determined by the Commissioner. 

19 ‘‘(5) SERVICES AND SUPPORTS.—An individual 

20 selected to be a Commissioner’s Scholar in the State 

21 shall be eligible for the services and supports (in22 cluding tuition) needed in order to successfully com23 plete the individual’s degree program. Such services 

24 and supports (including tuition) shall be paid for 


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1 from the funds appropriated under title I for the vo2 cational rehabilitation State grants program. 

3 ‘‘(6) EFFORTS TO SECURE ASSISTANCE FROM

4 OTHER SOURCES.—The limitations of section 

5 103(a)(5) that apply to training services shall apply 

6 to services and supports described in paragraph (5). 

7 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall prevent any designated State 

9 unit from providing educational supports and serv10 ices, similar to the supports and services described 

11 in paragraph (5), to eligible individuals with disabil12 ities within the State who are not served under this 

13 subsection. 

14 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE CEN15 TER TO PROMOTE HIGH-QUALITY EMPLOYMENT OUT16 COMES FOR INDIVIDUALS RECEIVING SERVICES FROM

17 DESIGNATED STATE AGENCIES AND AIVRS GRANT18 EES.— 

19 ‘‘(1) IN GENERAL.—The Commissioner shall 

20 award a grant, contract, or cooperative agreement to 

21 an eligible entity to support a training and technical 

22 assistance program that— 

23 ‘‘(A) responds to agency specific informa24 tion requests concerning high-quality employ25 ment outcomes, from designated States agenVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 cies and recipients of American Indian voca2 tional rehabilitation service grants funded under 

3 part C of title I (referred to in this subsection 

4 as ‘AIVRS grantees’), including— 

5 ‘‘(i) requests for information on the 

6 expansion of self-employment, business 

7 ownership, business development opportu8 nities, and other types of entrepreneurial 

9 employment opportunities for individuals 

10 with disabilities; 

11 ‘‘(ii) requests for information on the 

12 expansion and improvement of services to 

13 facilitate the transition of students with 

14 disabilities from school to postsecondary 

15 life, including competitive integrated em16 ployment; 

17 ‘‘(iii) requests for examples of policies, 

18 practices, procedures, or regulations that 

19 have enhanced or may enhance access to 

20 funding for assistive technology devices 

21 and assistive technology services for indi22 viduals with disabilities; 

23 ‘‘(iv) requests for information on ef24 fective approaches to enhance informed 


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1 choice and a consumer-directed State voca2 tional rehabilitation system; 

3 ‘‘(v) requests for assistance developing 

4 corrective action plans; 

5 ‘‘(vi) requests for assistance in devel6 oping and implementing effective data col7 lection and reporting systems that measure 

8 the outcomes of the vocational rehabilita9 tion services, and preparing reports for the 

10 Commissioner as described in section 

11 106(b)(1); and 

12 ‘‘(vii) requests for information on ef13 fective approaches that enhance employ14 ment outcomes for individuals with disabil15 ities, including conducting outreach and 

16 forming partnerships with business and in17 dustry; and 

18 ‘‘(B) provides agency specific, regional, 

19 and national training and technical assistance 

20 concerning vocational rehabilitation services and 

21 related information to designated State agencies 

22 and AIVRS grantees, including— 

23 ‘‘(i) facilitating on-site and electronic 

24 information sharing using state-of-the-art 

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1 cussions, multipoint video conferencing, 

2 and web-based audio/video broadcasts, on 

3 emerging topics that affect vocational reha4 bilitation programs authorized under title 

5 I; 

6 ‘‘(ii) enabling the designated State 

7 agencies and AIVRS grantees to coordi8 nate training and data collection efforts 

9 with one-stop centers established under 

10 section 221(e) of the Workforce Invest11 ment Act of 2013; 

12 ‘‘(iii) enabling the designated State 

13 agencies and AIVRS grantees to provide 

14 information on how the vocational rehabili15 tation programs authorized under title I 

16 can provide technical assistance to the one17 stop centers on making programs offered 

18 through the centers physically and pro19 grammatically accessible to individuals 

20 with disabilities; 

21 ‘‘(iv) sharing evidence-based and 

22 promising practices among the vocational 

23 rehabilitation programs; 

24 ‘‘(v) maintaining an accessible website 

25 that includes links to— 


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1 ‘‘(I) the vocational rehabilitation 

2 programs; 

3 ‘‘(II) appropriate Federal depart4 ments and agencies, and private asso5 ciations; 

6 ‘‘(III) State assistive technology 

7 device and assistive technology service 

8 demonstration programs, device loan 

9 programs, device reutilization pro10 grams, alternative financing systems, 

11 or State financing activities, operated 

12 through, or independently of, com13 prehensive statewide programs of 

14 technology-related assistance carried 

15 out under section 4 of the Assistive 

16 Technology Act of 1998 (29 U.S.C. 

17 3003), telework programs, and other 

18 programs that provide sources of 

19 funding for assistive technology de20 vices; and 

21 ‘‘(IV) various programs, includ22 ing programs with tax credits, avail23 able to employers for hiring or accom24 modating employees who are individ25 uals with disabilities; 


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1 ‘‘(vi) enhancing employment outcomes 

2 for individuals with mental illness and indi3 viduals with cognitive disabilities, particu4 larly in competitive integrated employment; 

5 ‘‘(vii) convening experts from the vo6 cational rehabilitation programs to discuss 

7 and make recommendations with regard to 

8 the employment of individuals with disabil9 ities and national emerging issues of im10 portance to individuals with vocational re11 habilitation needs; 

12 ‘‘(viii) enabling the designated State 

13 agencies and AIVRS grantees to provide 

14 practical information on effective ap15 proaches for business and industry to use 

16 in employing individuals with disabilities, 

17 including provision of reasonable accom18 modations; 

19 ‘‘(ix) providing information on other 

20 emerging issues concerning the delivery of 

21 publicly funded employment and training 

22 services and supports to assist individuals 

23 with disabilities to enter the workforce, 

24 achieve improved employment outcomes, 


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1 and become economically self-sufficient; 

2 and 

3 ‘‘(x) carrying out such other activities 

4 as the Commissioner may require. 

5 ‘‘(2) ELIGIBLE ENTITIES.—In this subsection, 

6 the term ‘eligible entity’ means an entity that has— 

7 ‘‘(A) experience and expertise in admin8 istering vocational rehabilitation services; 

9 ‘‘(B) documented experience with and 

10 knowledge about self-employment, business 

11 ownership, business development, and other 

12 types of entrepreneurial employment opportuni13 ties and outcomes for individuals with disabil14 ities, providing transition services for students 

15 with disabilities, and assistive technology; 

16 ‘‘(C) the expertise necessary to identify the 

17 additional data elements needed to provide com18 prehensive reporting of activities and outcomes 

19 of the vocational rehabilitation programs au20 thorized under title I, and experience in uti21 lizing data to provide annual reports; and 

22 ‘‘(D) personnel with the skill and back23 ground necessary to provide guidance or train24 ing to entities carrying out programs authorized 

25 under section 121. 


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1 ‘‘(3) COLLABORATION.—In developing and pro2 viding training and technical assistance under this 

3 subsection, a recipient of a grant, contract, or coop4 erative agreement under this subsection shall col5 laborate with other entities or individuals, in par6 ticular— 

7 ‘‘(A) agencies carrying out vocational reha8 bilitation programs under title I (including the 

9 programs authorized under section 121) and 

10 national organizations representing such pro11 grams; 

12 ‘‘(B) organizations representing individuals 

13 with disabilities; 

14 ‘‘(C) organizations representing State offi15 cials and agencies engaged in the delivery of as16 sistive technology; 

17 ‘‘(D) relevant employees from Federal de18 partments and agencies other than the Depart19 ment of Labor; 

20 ‘‘(E) representatives of businesses; 

21 ‘‘(F) individuals with disabilities, including 

22 individuals who use assistive technology and un23 derstand the barriers to the acquisition of such 

24 technology and related services; and 


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1 ‘‘(G) family members, guardians, advo2 cates, and authorized representatives of such 

3 individuals. 

4 ‘‘(4) RULE OF CONSTRUCTION.—The training 

5 and technical assistance provided under this sub6 section may be delivered through the technical as7 sistance and continuing education centers funded 

8 under this title.’’; 

9 (4) in subsection (f)(2), as redesignated by 

10 paragraph (2)— 

11 (A) in subparagraph (E), by striking 

12 ‘‘and’’ after the semicolon; 

13 (B) by redesignating subparagraph (F) as 

14 subparagraph (G); and 

15 (C) by inserting after subparagraph (E) 

16 the following: 

17 ‘‘(F) to provide support and guidance in 

18 helping individuals with significant disabilities, 

19 including students with disabilities, transition 

20 to competitive integrated employment; and’’; 

21 and 

22 (5) by striking subsection (h), as redesignated 

23 by paragraph (2), and inserting the following: 

24 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—For the purpose of car2 rying out this section there are authorized to be ap3 propriated such sums as may be necessary for each 

4 of the fiscal years 2014 through 2018. 

5 ‘‘(2) RESERVATIONS.—Of the sums appro6 priated under paragraph (1) for a fiscal year, the 

7 Secretary may reserve not more than $500,000 to 

8 carry out subsection (e).’’. 

9 SEC. 543. MIGRANT AND SEASONAL FARMWORKERS. 

10 Section 304 (29 U.S.C. 774) is amended— 

11 (1) in subsection (a)(1), by striking ‘‘of Labor’’; 

12 and 

13 (2) in subsection (b), by striking ‘‘fiscal years 

14 1999 through 2003’’ and inserting ‘‘fiscal years 

15 2014 through 2018’’. 

16 SEC. 544. RECREATIONAL PROGRAMS. 

17 Section 305 (29 U.S.C. 776) is amended— 

18 (1) in subsection (a)(1)(B), by striking ‘‘con19 struction of facilities for aquatic rehabilitation ther20 apy,’’; and 

21 (2) in subsection (b), by striking ‘‘fiscal years 

22 1999 through 2003’’ and inserting ‘‘fiscal years 

23 2014 through 2018’’. 


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1 Subtitle E—National Council on 

2 Disability 

3 SEC. 551. ESTABLISHMENT. 

4 (a) IN GENERAL.—Section 400 (29 U.S.C. 780) is 

5 amended— 

6 (1) in subsection (a)(1)(A), by striking ‘‘fif7 teen’’ and inserting ‘‘9’’; and 

8 (2) in subsection (d), by striking ‘‘Eight’’ and 

9 inserting ‘‘Five’’. 

10 (b) EFFECTIVE DATE.—This section takes effect 3 

11 years after the date of enactment of this Act. 

12 SEC. 552. REPORT. 

13 Section 401 (29 U.S.C. 781) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by striking ‘‘Na16 tional Institute on Disability and Rehabilitation 

17 Research’’ and inserting ‘‘National Institute on 

18 Disability, Independent Living, and Rehabilita19 tion Research’’ each place the term appears; 

20 (B) in paragraph (2), by striking ‘‘Reha21 bilitation Services Administration’’ and insert22 ing ‘‘Disability Employment Services and Sup23 ports Administration’’; 

24 (C) by inserting ‘‘the appropriate Assistant 

25 Secretary of the Department of Labor,’’ after 


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1 ‘‘the appropriate Assistant Secretary of the De2 partment of Education,’’; and 

3 (D) in paragraph (8), by inserting ‘‘of 

4 Labor’’ after ‘‘Secretary’’; and 

5 (2) by striking subsection (c). 

6 SEC. 553. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 405 (29 U.S.C. 785) is amended by striking 

8 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

9 years 2014 through 2018’’. 

10 Subtitle F—Rights and Advocacy 

11 SEC. 556. INTERAGENCY COMMITTEE, BOARD, AND COUN12 CIL. 

13 (a) INTERAGENCY COMMITTEE.—Section 501 (29 

14 U.S.C. 791) is amended— 

15 (1) by striking subsection (f); and 

16 (2) by redesignating subsection (g) as sub17 section (f). 

18 (b) ARCHITECTURAL AND TRANSPORTATION BAR19 RIERS COMPLIANCE BOARD.—Section 502(j) (29 U.S.C. 

20 792(j)) is amended by striking ‘‘1999 through 2003’’ and 

21 inserting ‘‘2014 through 2018’’. 

22 (c) PROGRAM OR ACTIVITY.—Section 504(b)(2)(B) 

23 (29 U.S.C. 794(b)(2)(B)) is amended by striking ‘‘voca24 tional education’’ and inserting ‘‘career and technical edu25 cation’’. 


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1 (d) INTERAGENCY DISABILITY COORDINATING

2 COUNCIL.—Section 507(a) (29 U.S.C. 794c(a)) is amend3 ed by inserting ‘‘the Chairperson of the National Council 

4 on Disability,’’ before ‘‘and such other’’. 

5 SEC. 557. PROTECTION AND ADVOCACY OF INDIVIDUAL 

6 RIGHTS. 

7 Section 509 (29 U.S.C. 794e) is amended— 

8 (1) in subsection (c)(1)(A), by inserting ‘‘a 

9 grant or contract for’’ before ‘‘training’’; 

10 (2) in subsection (f)— 

11 (A) in paragraph (2),— 

12 (i) by striking ‘‘general’’ and all that 

13 follows through ‘‘records’’ and inserting 

14 ‘‘general authorities (including rights and 

15 remedies), including the authority to access 

16 records’’; and 

17 (ii) by inserting ‘‘of title I’’ after 

18 ‘‘subtitle C’’; and 

19 (B) in paragraph (3), by striking ‘‘author20 ity’’ and inserting ‘‘authority (including the 

21 right)’’; 

22 (3) in subsection (g)(2), by striking ‘‘was paid’’ 

23 and all that follows and inserting ‘‘was paid, except 

24 that program income generated from the amount 

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1 main available to such system for the following 2 fis2 cal years.’’; 

3 (4) in subsection (l), by striking ‘‘1999 through 

4 2003’’ and inserting ‘‘2014 through 2018’’; 

5 (5) by redesignating subsections (l) and (m) as 

6 subsections (m) and (n), respectively; and 

7 (6) by inserting after subsection (k) the fol8 lowing: 

9 ‘‘(l) SYSTEM AUTHORITY.—For purposes of serving 

10 persons eligible for services under this section, an eligible 

11 system shall have the same general authorities, including 

12 access to records, as the system is afforded under subtitle 

13 C of title I of the Developmental Disabilities Assistance 

14 and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), 

15 as determined by the Commissioner of the Administration 

16 on Developmental Disabilities.’’. 

17 SEC. 558. EMPLOYMENT OF INDIVIDUALS WITH DISABIL18 ITIES AT WAGES BELOW MINIMUM WAGE. 

19 (a) IN GENERAL.—Title V (29 U.S.C. 791 et seq.) 

20 is amended by adding at the end the following: 

21 ‘‘SEC. 511. EMPLOYMENT OF INDIVIDUALS WITH DISABIL22 ITIES AT A SUBMINIMUM WAGE. 

23 ‘‘(a) IN GENERAL.—An entity, including a contractor 

24 or subcontractor of the entity, may not employ an indi25 vidual with a disability at a wage (referred to in this secVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tion as a ‘subminimum wage’) that is less than the Federal 

2 minimum wage, unless the entity has complied with the 

3 requirements of section 14(c) of the Fair Labor Standards 

4 Act of 1938 (29 U.S.C. 214(c)), and any of the following 

5 additional conditions is met: 

6 ‘‘(1) The individual is currently employed, as of 

7 the effective date of this section, by an entity that 

8 holds a valid certificate pursuant to section 14(c) of 

9 the Fair Labor Standards Act of 1938 (referred to 

10 in this section as a ‘certificate holder’). 

11 ‘‘(2) The individual is older than age 24 on the 

12 date when the individual begins employment at a 

13 subminimum wage. 

14 ‘‘(3) The individual is age 24 or younger and, 

15 before beginning work at a subminimum wage, has 

16 completed, and produces documentation indicating 

17 completion of, each of the following 3 actions: 

18 ‘‘(A) The individual has received pre-em19 ployment transition services that are available 

20 to the individual under section 114, or transi21 tion services under the Individuals with Disabil22 ities Education Act (20 U.S.C. 1400 et seq.) 

23 such as transition services available to the indi24 vidual under section 614(d) of that Act (20 

25 U.S.C. 1414(d)). 


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1 ‘‘(B) The individual has applied for voca2 tional rehabilitation services under title I, with 

3 the result that— 

4 ‘‘(i) the individual has been found in5 eligible for the services pursuant to that 

6 title; or 

7 ‘‘(ii)(I) the individual has been deter8 mined to be eligible for vocational rehabili9 tation services; 

10 ‘‘(II) the individual has an individual11 ized plan for employment under section 

12 102; 

13 ‘‘(III) the individual has been working 

14 toward an employment outcome specified 

15 in such individualized plan for employ16 ment, with appropriate supports and serv17 ices, for a reasonable period of time with18 out success; and 

19 ‘‘(IV) the individual’s vocational reha20 bilitation case is closed after the individ21 ual’s qualified vocational rehabilitation 

22 counselor and the individual both agree 

23 that continued efforts by the individual to 

24 work toward an employment outcome, as 


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1 defined in section 7, at the present time 

2 will likely not be successful. 

3 ‘‘(C) The individual (with, in an appro4 priate case, the individual’s parent or guard5 ian)— 

6 ‘‘(i) has been provided career coun7 seling, and information and referrals to 

8 Federal and State programs and other re9 sources in the individual’s geographic area 

10 that offer employment-related services and 

11 supports designed to enable the individual 

12 to explore, discover, experience, and attain 

13 competitive integrated employment; 

14 ‘‘(ii) understands the conditions under 

15 which a subminimum wage may be paid; 

16 and 

17 ‘‘(iii) consents to work for the em18 ployer and be paid a subminimum wage. 

19 ‘‘(4) The individual, regardless of age, is receiv20 ing work readiness or job training services provided 

21 by a certificate holder, as part of the individual’s 

22 preparation for competitive integrated employment, 

23 for— 

24 ‘‘(A) a period of not more than 6 months; 

25 or 


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1 ‘‘(B) a longer period, if the individual 

2 wishes to continue to receive such services after 

3 an initial 6-month period and is reassessed by 

4 the agency referring the individual for such 

5 services, or an appropriate entity, not less often 

6 than every 6 months, to determine the individ7 ual’s ability to transition to competitive inte8 grated employment. 

9 ‘‘(b) CONSTRUCTION.— 

10 ‘‘(1) SERVICES.—Nothing in subsection 

11 (a)(3)(B) shall be construed to prohibit a designated 

12 State unit from allowing an individual to receive 

13 work readiness or job training services provided by 

14 a certificate holder, for a period of not more than 6 

15 months. 

16 ‘‘(2) RULE.—Nothing in this section shall be 

17 construed as changing the purpose of this Act de18 scribed in section 2(b)(1), to empower individuals 

19 with disabilities to maximize opportunities for com20 petitive integrated employment. 

21 ‘‘(c) DURING EMPLOYMENT.— 

22 ‘‘(1) IN GENERAL.—The entity described in 

23 subsection (a) may not continue to employ an indi24 vidual at a subminimum wage unless, after the indi25 vidual begins work at that wage, at the intervals deVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 scribed in paragraph (2), the individual (with, in an 

2 appropriate case, the individual’s parent or guard3 ian)— 

4 ‘‘(A) is provided career counseling, and in5 formation and referrals described in subsection 

6 (a)(3)(C)(i), delivered in a manner that facili7 tates independent decisionmaking and informed 

8 choice, as the individual makes decisions re9 garding employment and career advancement; 

10 and 

11 ‘‘(B) is informed by the employer of self12 advocacy, self-determination, and peer men13 toring training opportunities available in the in14 dividual’s geographic area, provided by an enti15 ty that does not have any financial interest in 

16 the individual’s employment outcome, under ap17 plicable Federal and State programs or other 

18 sources. 

19 ‘‘(2) TIMING.—The actions required under sub20 paragraphs (A) and (B) of paragraph (1) shall be 

21 carried out once every 6 months for the first year 

22 of the individual’s employment at a subminimum 

23 wage, and annually thereafter for the duration of 

24 such employment. 


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1 ‘‘(3) SMALL BUSINESS EXCEPTION.—In the 

2 event that the entity described in subsection (a) is 

3 a business with fewer than 15 employees, such entity 

4 can satisfy the requirements of subparagraphs (A) 

5 and (B) of paragraph (1) by referring the individual, 

6 at the intervals described in paragraph (2), to the 

7 designated State unit for the counseling, informa8 tion, and referrals described in subparagraph (A) 

9 and the information described in subparagraph (B). 

10 ‘‘(d) DOCUMENTATION.— 

11 ‘‘(1) IN GENERAL.—The designated State unit, 

12 in consultation with the State educational agency, 

13 shall develop a new process or utilize an existing 

14 process, consistent with guidelines developed by the 

15 Secretary, to document the completion of the actions 

16 described in subparagraphs (A), (B), and (C) of sub17 section (a)(3) by a youth with a disability who is an 

18 individual with a disability. 

19 ‘‘(2) DOCUMENTATION PROCESS.—Such process 

20 shall require that— 

21 ‘‘(A) in the case of a student with a dis22 ability, for documentation of actions described 

23 in subsection (a)(3)(A)— 

24 ‘‘(i) if such a student with a disability 

25 receives and completes each category deVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 scribed in clauses (i) through (v) of section 

2 7(30)(B) of available pre-employment tran3 sition services, such completion of services 

4 shall be documented by the designated 

5 State unit in a manner consistent with this 

6 section; 

7 ‘‘(ii) if such a student with a disability 

8 receives and completes any transition serv9 ices available for students with disabilities 

10 under the Individuals with Disabilities 

11 Education Act, including those provided 

12 under section 614(d)(1)(A)(i)(VIII) (20 

13 U.S.C. 1414(d)(1)(A)(i)(VIII)), such com14 pletion of services shall be documented by 

15 the appropriate school official responsible 

16 for the provision of such transition services 

17 for students with disabilities in the school 

18 or school district, in a manner consistent 

19 with this section; and 

20 ‘‘(iii) a Local Pre-Employment Tran21 sition Coordinator shall provide the final 

22 documentation, in a form and manner con23 sistent with this section, of the completion 

24 of pre-employment transition services as 

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1 ices under the Individuals with Disabilities 

2 Education Act as described in clause (ii), 

3 to the student with a disability within a 

4 reasonable period of time following the 

5 completion; and 

6 ‘‘(B) when an individual has completed the 

7 actions described in subsection (a)(3)(C), fol8 lowing the completion of the actions described 

9 in subparagraphs (A) and (B) of subsection 

10 (a)(3), the designated State unit shall provide 

11 the individual a document indicating such com12 pletion, in a manner consistent with this sec13 tion, within a reasonable time period following 

14 the completion of the actions described in this 

15 subparagraph. 

16 ‘‘(e) VERIFICATION.— 

17 ‘‘(1) BEFORE EMPLOYMENT.—Before an indi18 vidual covered by subsection (a)(3) begins work for 

19 an employer at a subminimum wage, the employer 

20 shall review the documentation received by the indi21 vidual under subsection (d), and provided by the in22 dividual to the employer, that indicates that the in23 dividual has completed the actions described in sub24 paragraphs (A), (B), and (C) of subsection (a)(3) 


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1 and the employer shall maintain copies of the docu2 mentation. 

3 ‘‘(2) DURING EMPLOYMENT.—In order to con4 tinue to employ an individual at a subminimum 

5 wage, the employer shall verify completion of the re6 quirements of subsection (c), including reviewing any 

7 relevant documents provided by the individual, and 

8 shall maintain copies of the documentation. 

9 ‘‘(f) FEDERAL MINIMUM WAGE.—In this section, the 

10 term ‘Federal minimum wage’ means the rate applicable 

11 under section 6(a)(1) of the Fair Labor Standards Act 

12 of 1938 (29 U.S.C. 206(a)(1)).’’. 

13 (b) EFFECTIVE DATE.—This section takes effect 2 

14 years after the date of enactment of the Workforce Invest15 ment Act of 2013. 

16 Subtitle G—Employment Opportu17 nities for Individuals With Dis18 abilities 

19 SEC. 561. PROJECTS WITH INDUSTRY. 

20 Section 611 (29 U.S.C. 795) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘in the competitive’’ 

24 and inserting ‘‘in competitive integrated 

25 employment in the’’; and 


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1 (ii) by inserting ‘‘locally’’ after ‘‘ca2 reer advancement’’; and 

3 (B) in paragraph (2)— 

4 (i) in the matter preceding subpara5 graph (A)— 

6 (I) by inserting ‘‘local and na7 tional’’ after ‘‘jointly financed’’; 

8 (II) by inserting ‘‘in competitive 

9 integrated employment’’ after ‘‘career 

10 opportunities’’; and 

11 (III) by striking ‘‘Secretary of 

12 Labor’’ and inserting ‘‘Secretary of 

13 Education’’; 

14 (ii) in subparagraph (A)— 

15 (I) by striking clause (ii) and in16 serting the following: 

17 ‘‘(ii) identify job and career availability 

18 within the community, consistent with the exist19 ing and emerging in-demand industry sectors 

20 and occupations, and the employment needs of 

21 employers in those industry sectors and occupa22 tions, identified by the local workforce develop23 ment board for the corresponding local area 

24 under section 118(b)(1)(A) of the Workforce 

25 Investment Act of 2013;’’; 


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

2 ‘‘and’’ after the semicolon; 

3 (III) in clause (iv), by inserting 

4 ‘‘and’’ after the semicolon; and 

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

7 ‘‘(v) coordinate such training and job 

8 placement activities with the local workforce de9 velopment boards described in clause (ii) as ap10 propriate, and with the Job Corps center indus11 try councils established under section 254 of 

12 the Workforce Investment Act of 2013.’’; and 

13 (iii) in subparagraph (C)— 

14 (I) in clause (i), by striking 

15 ‘‘and’’ after the semicolon; 

16 (II) by redesignating clause (ii) 

17 as clause (iii); and 

18 (III) by inserting after clause (i) 

19 the following: 

20 ‘‘(ii) internship programs for individuals 

21 with disabilities who seek employment; and’’; 

22 (2) in subsection (e)(2), by striking ‘‘in States, 

23 portions of States, Indian tribes, or tribal organiza24 tions’’ and inserting ‘‘nationally or in States, in porVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tions of States, across multiple States, or in Indian 

2 tribes or tribal organizations’’; and 

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

4 ‘‘(i) PROHIBITED USE OF FUNDS.—Grant funds 

5 awarded under this section shall not be used to support 

6 services in sheltered workshops or segregated settings.’’. 

7 SEC. 562. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 612 (29 U.S.C. 795a) is amended by striking 

9 ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

10 years 2014 through 2018’’. 

11 SEC. 563. SUPPORTED EMPLOYMENT SERVICES. 

12 Part B of title VI (29 U.S.C. 795g) is amended to 

13 read as follows: 

14 ‘‘PART B—SUPPORTED EMPLOYMENT SERVICES 

15 FOR INDIVIDUALS WITH THE MOST SIGNIFI16 CANT DISABILITIES 

17 ‘‘SEC. 621. PURPOSE. 

18 ‘‘It is the purpose of this part to authorize allotments, 

19 in addition to grants for vocational rehabilitation services 

20 under title I, to assist States in developing collaborative 

21 programs with appropriate entities to provide supported 

22 employment services for individuals with the most signifi23 cant disabilities, including youth with the most significant 

24 disabilities, to enable such individuals to achieve an emVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 ployment outcome of supported employment in competitive 

2 integrated employment. 

3 ‘‘SEC. 622. ALLOTMENTS. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) STATES.—The Secretary shall allot the 

6 sums appropriated for each fiscal year to carry out 

7 this part among the States on the basis of relative 

8 population of each State, except that— 

9 ‘‘(A) no State shall receive less than 

$250,000, or 1 10 ⁄3 of 1 percent of the sums ap11 propriated for the fiscal year for which the al12 lotment is made, whichever amount is greater; 

13 and 

14 ‘‘(B) if the sums appropriated to carry out 

15 this part for the fiscal year exceed the sums ap16 propriated to carry out this part for fiscal year 

17 1992 by $1,000,000 or more, no State shall receive less than $300,000, or 1 18 ⁄3 of 1 percent of 

19 the sums appropriated for the fiscal year for 

20 which the allotment is made, whichever amount 

21 is greater. 

22 ‘‘(2) CERTAIN TERRITORIES.— 

23 ‘‘(A) IN GENERAL.—For the purposes of 

24 this subsection, Guam, American Samoa, the 

25 United States Virgin Islands, and the CommonVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 wealth of the Northern Mariana Islands shall 

2 not be considered to be States. 

3 ‘‘(B) ALLOTMENT.—Each jurisdiction de4 scribed in subparagraph (A) shall be allotted 

not less than 1 5 ⁄8 of 1 percent of the amounts 

6 appropriated for the fiscal year for which the 

7 allotment is made. 

8 ‘‘(b) REALLOTMENT.—Whenever the Commissioner 

9 determines that any amount of an allotment to a State 

10 for any fiscal year will not be expended by such State for 

11 carrying out the provisions of this part, the Commissioner 

12 shall make such amount available for carrying out the pro13 visions of this part to 1 or more of the States that the 

14 Commissioner determines will be able to use additional 

15 amounts during such year for carrying out such provi16 sions. Any amount made available to a State for any fiscal 

17 year pursuant to the preceding sentence shall, for the pur18 poses of this section, be regarded as an increase in the 

19 allotment of the State (as determined under the preceding 

20 provisions of this section) for such year. 

21 ‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A 

22 State that receives an allotment under this part shall not 

23 use more than 5 percent of the funds made available 

24 through the allotment to pay for administrative costs. 


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1 ‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIG2 NIFICANT DISABILITIES.—A State that receives an allot3 ment under this part shall expend half of the allotment 

4 for the provision of supported employment services, in5 cluding extended services, to youth with the most signifi6 cant disabilities in order to assist those youth to achieve 

7 an employment outcome in supported employment. 

8 ‘‘SEC. 623. AVAILABILITY OF SERVICES. 

9 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds 

10 provided under this part may be used to provide supported 

11 employment services to individuals who are eligible under 

12 this part. 

13 ‘‘(b) EXTENDED SERVICES.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), funds provided under this part, or title I, 

16 may not be used to provide extended services to indi17 viduals who are eligible under this part or title I. 

18 ‘‘(2) EXTENDED SERVICES FOR YOUTH WITH

19 THE MOST SIGNIFICANT DISABILITIES.—Funds allot20 ted under this part, or title I, and used for the pro21 vision of services under this part to youth with the 

22 most significant disabilities pursuant to section 

23 622(d), may be used to provide extended services to 

24 youth with the most significant disabilities. Such exVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 tended services shall be available for a period not to 

2 exceed 4 years. 

3 ‘‘SEC. 624. ELIGIBILITY. 

4 ‘‘An individual, including a youth with a disability, 

5 shall be eligible under this part to receive supported em6 ployment services authorized under this part if— 

7 ‘‘(1) the individual is eligible for vocational re8 habilitation services under title I; 

9 ‘‘(2) the individual is determined to be an indi10 vidual with a most significant disability; 

11 ‘‘(3) for purposes of activities carried out with 

12 funds described in section 622(d), the individual is 

13 a youth with a disability, as defined in section 

14 (7)(42); and 

15 ‘‘(4) a comprehensive assessment of rehabilita16 tion needs of the individual described in section 

17 7(2)(B), including an evaluation of rehabilitation, 

18 career, and job needs, identifies supported employ19 ment as the appropriate employment outcome for 

20 the individual. 

21 ‘‘SEC. 625. STATE PLAN. 

22 ‘‘(a) STATE PLAN SUPPLEMENTS.—To be eligible for 

23 an allotment under this part, a State shall submit to the 

24 Commissioner, as part of the State plan under section 

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1 ployment services authorized under this Act to individuals, 

2 including youth with the most significant disabilities, who 

3 are eligible under this Act to receive the services. Each 

4 State shall make such annual revisions in the plan supple5 ment as may be necessary. 

6 ‘‘(b) CONTENTS.—Each such plan supplement 

7 shall— 

8 ‘‘(1) designate each designated State agency as 

9 the agency to administer the program assisted under 

10 this part; 

11 ‘‘(2) summarize the results of the comprehen12 sive, statewide assessment conducted under section 

13 101(a)(15)(A)(i), with respect to the rehabilitation 

14 needs of individuals, including youth, with signifi15 cant disabilities and the need for supported employ16 ment services, including needs related to coordina17 tion; 

18 ‘‘(3) describe the quality, scope, and extent of 

19 supported employment services authorized under this 

20 Act to be provided to individuals, including youth 

21 with the most significant disabilities, who are eligible 

22 under this Act to receive the services and specify the 

23 goals and plans of the State with respect to the dis24 tribution of funds received under section 622; 


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1 ‘‘(4) demonstrate evidence of the efforts of the 

2 designated State agency to identify and make ar3 rangements (including entering into cooperative 

4 agreements) with other State agencies and other ap5 propriate entities to assist in the provision of sup6 ported employment services; 

7 ‘‘(5) demonstrate evidence of the efforts of the 

8 designated State agency to identify and make ar9 rangements (including entering into cooperative 

10 agreements) with other public or nonprofit agencies 

11 or organizations within the State, employers, natural 

12 supports, and other entities with respect to the pro13 vision of extended services; 

14 ‘‘(6) describe the activities to be conducted pur15 suant to section 622(d) for youth with the most sig16 nificant disabilities, including— 

17 ‘‘(A) the provision of extended services for 

18 a period not to exceed 4 years; and 

19 ‘‘(B) how the State will use the funds spec20 ified in section 622(d) to leverage other public 

21 and private funds to increase resources for ex22 tended services and expand supported employ23 ment opportunities for youth with the most sig24 nificant disabilities; 

25 ‘‘(7) provide assurances that— 


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1 ‘‘(A) funds made available under this part 

2 will only be used to provide supported employ3 ment services authorized under this Act to indi4 viduals who are eligible under this part to re5 ceive the services; 

6 ‘‘(B) the comprehensive assessments of in7 dividuals with significant disabilities, including 

8 youth with the most significant disabilities, con9 ducted under section 102(b)(1) and funded 

10 under title I will include consideration of sup11 ported employment as an appropriate employ12 ment outcome; 

13 ‘‘(C) an individualized plan for employ14 ment, as required by section 102, will be devel15 oped and updated using funds under title I in 

16 order to— 

17 ‘‘(i) specify the supported employment 

18 services to be provided, including, as ap19 propriate, for youth with the most signifi20 cant disabilities, transition services, and 

21 pre-employment transition services pro22 vided in accordance with sections 

23 101(a)(25) and 114; 

24 ‘‘(ii) specify the expected extended 

25 services needed, including the extended 


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1 services that may be provided to youth 

2 with the most significant disabilities under 

3 this part, in accordance with an approved 

4 individualized plan for employment, for a 

5 period not to exceed 4 years; and 

6 ‘‘(iii) identify, as appropriate, the 

7 source of extended services, which may in8 clude natural supports, or that it is not 

9 possible to identify the source of extended 

10 services at the time the individualized plan 

11 for employment is developed; 

12 ‘‘(D) the State will use funds provided 

13 under this part only to supplement, and not 

14 supplant, the funds provided under title I, in 

15 providing supported employment services speci16 fied in the individualized plan for employment; 

17 ‘‘(E) services provided under an individual18 ized plan for employment will be coordinated 

19 with services provided under other individual20 ized plans established under other Federal or 

21 State programs; 

22 ‘‘(F) to the extent jobs skills training is 

23 provided, the training will be provided onsite; 

24 ‘‘(G) supported employment services will 

25 include placement in an integrated setting 


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1 based on the unique strengths, resources, prior2 ities, concerns, abilities, capabilities, interests, 

3 and informed choice of individuals with the 

4 most significant disabilities; 

5 ‘‘(H) the State agencies designated under 

6 paragraph (1) will expend not more than 5 per7 cent of the allotment of the State under this 

8 part for administrative costs of carrying out 

9 this part; and 

10 ‘‘(I) with respect to supported employment 

11 services provided to youth with the most signifi12 cant disabilities pursuant to section 622(d), the 

13 designated State agency will provide, directly or 

14 indirectly through public or private entities, 

15 non-Federal contributions towards the grant 

16 award in an amount that is not less than 10 

17 percent of the costs of carrying out such serv18 ices; and 

19 ‘‘(8) contain such other information and be sub20 mitted in such manner as the Commissioner may re21 quire. 

22 ‘‘SEC. 626. RESTRICTION. 

23 ‘‘Each State agency designated under section 

24 625(b)(1) shall collect the information required by section 

25 101(a)(10) separately for— 


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1 ‘‘(1) eligible individuals receiving supported em2 ployment services under this part; 

3 ‘‘(2) eligible individuals receiving supported em4 ployment services under title I; 

5 ‘‘(3) eligible youth receiving supported employ6 ment services under this part; and 

7 ‘‘(4) eligible youth receiving supported employ8 ment services under title I. 

9 ‘‘SEC. 627. SAVINGS PROVISION. 

10 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Noth11 ing in this Act shall be construed to prohibit a State from 

12 providing supported employment services in accordance 

13 with the State plan submitted under section 101 by using 

14 funds made available through a State allotment under sec15 tion 110. 

16 ‘‘(b) POSTEMPLOYMENT SERVICES.—Nothing in this 

17 part shall be construed to prohibit a State from providing 

18 discrete postemployment services in accordance with the 

19 State plan submitted under section 101 by using funds 

20 made available through a State allotment under section 

21 110 to an individual who is eligible under this part. 

22 ‘‘SEC. 628. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There is authorized to be appropriated to carry out 

24 this part, including for technical assistance, such sums as 


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1 may be necessary for each of the fiscal years 2014 through 

2 2018.’’. 

3 Subtitle H—Independent Living 

4 Services and Centers for Inde5 pendent Living 

6 CHAPTER 1—GENERAL PROVISIONS 

7 SEC. 571. PURPOSE. 

8 Section 701 (29 U.S.C. 796) is amended, in para9 graph (3), by inserting before the period the following: ‘‘, 

10 with the goal of improving the independence of and equal 

11 opportunity for individuals with disabilities’’. 

12 SEC. 572. INDEPENDENT LIVING ADMINISTRATION. 

13 Title VII (29 U.S.C. 796 et seq.) is amended by in14 serting after section 701 the following: 

15 ‘‘SEC. 701A. INDEPENDENT LIVING ADMINISTRATION. 

16 ‘‘(a) ESTABLISHMENT.—In order to promote the phi17 losophy and purpose of section 701, there is established 

18 within the Administration for Community Living of the 

19 Department of Health and Human Services, an Inde20 pendent Living Administration. 

21 ‘‘(b) DIRECTOR.— 

22 ‘‘(1) APPOINTMENT.—The Independent Living 

23 Administration shall be headed by a Director (re24 ferred to in this title as the ‘ILA Director’) apVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 pointed by the Secretary of Health and Human 

2 Services. 

3 ‘‘(2) QUALIFICATIONS.—The ILA Director shall 

4 have substantial knowledge of independent living 

5 services. 

6 ‘‘(3) AUTHORITIES.—The Independent Living 

7 Administration shall be the principal agency, and 

8 the ILA Director shall be the principal officer, to 

9 carry out this title. In performing the functions of 

10 the office, the ILA Director shall be directly respon11 sible to the Administrator for the Administration for 

12 Community Living of the Department of Health and 

13 Human Services. 

14 ‘‘(c) GENERAL COUNSEL.—The Office of the General 

15 Counsel of the Department of Health and Human Services 

16 shall designate 1 or more individuals, with substantial 

17 background and experience in, and knowledge of, inde18 pendent living services, centers for independent living, and 

19 Statewide Independent Living Councils, under this title, 

20 to provide advice, support, and technical assistance to the 

21 ILA Director. 

22 ‘‘(d) INPUT.—The ILA Director shall have the au23 thority to seek such input and advice, including convening 

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1 priate with respect to the policies and conduct of the Inde2 pendent Living Administration. 

3 ‘‘(e) STAFF.—The Secretary shall ensure that— 

4 ‘‘(1) the Independent Living Administration has 

5 sufficient staff to provide oversight of, conduct au6 diting of, and provide technical assistance to, the 

7 centers for independent living and Statewide Inde8 pendent Living Councils funded under this Act; and 

9 ‘‘(2) such staff includes qualified individuals 

10 who have significant experience with centers for 

11 independent living or Statewide Independent Living 

12 Councils described in section 705.’’. 

13 SEC. 573. DEFINITIONS. 

14 Section 702 (29 U.S.C. 796a) is amended— 

15 (1) in paragraph (1)— 

16 (A) in the matter before subparagraph (A), 

17 by inserting ‘‘for individuals with significant 

18 disabilities (regardless of age or income)’’ be19 fore ‘‘that—’’; 

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

21 ‘‘and’’ at the end; 

22 (C) in subparagraph (B), by striking the 

23 period and inserting ‘‘, including, at a min24 imum, independent living core services as de25 fined in section 7(17); and’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(C) has sufficient staff to provide the 

3 services described in subparagraph (B).’’; and 

4 (2) in paragraph (2), by striking the period and 

5 inserting the following: ‘‘, both in terms of— 

6 ‘‘(A) the management, staffing, decision7 making, and operation of the center; and 

8 ‘‘(B) the center’s establishment of policies, 

9 direction, and provision of services.’’. 

10 SEC. 574. STATE PLAN. 

11 Section 704 (29 U.S.C. 796c) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by inserting after ‘‘State plan’’ the 

15 following: ‘‘developed and signed in accord16 ance with paragraph (2),’’; and 

17 (ii) by striking ‘‘Commissioner’’ each 

18 place it appears and inserting ‘‘ILA Direc19 tor’’; 

20 (B) in paragraph (2)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘developed and 

23 signed by’’; and 

24 (ii) by striking subparagraphs (A) and 

25 (B) and inserting the following: 


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1 ‘‘(A) developed by the chairperson of the 

2 Statewide Independent Living Council, and the 

3 directors of the centers for independent living 

4 in the State, after receiving public input from 

5 individuals with disabilities and other stake6 holders throughout the State; and 

7 ‘‘(B) signed by— 

8 ‘‘(i) the chairperson of the Statewide 

9 Independent Living Council, acting on be10 half of and at the direction of the Council; 

11 ‘‘(ii) the director of the designated 

12 State entity described in subsection (c); 

13 and 

14 ‘‘(iii) not less than 51 percent of the 

15 directors of the centers for independent liv16 ing in the State.’’; 

17 (C) in paragraph (3)— 

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

19 ‘‘State independent living services’’ and in20 serting ‘‘independent living services in the 

21 State’’; 

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

23 ‘‘and’’ at the end; and 

24 (iii) by striking subparagraph (C) and 

25 inserting the following: 


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1 ‘‘(C) working relationships and collabora2 tion between— 

3 ‘‘(i) centers for independent living; 

4 and 

5 ‘‘(ii)(I) entities carrying out programs 

6 that provide independent living services, in7 cluding those serving older individuals; 

8 ‘‘(II) other community-based organi9 zations that provide or coordinate the pro10 vision of housing, transportation, employ11 ment, information and referral assistance, 

12 services, and supports for individuals with 

13 significant disabilities; and 

14 ‘‘(III) entities carrying out other pro15 grams providing services for individuals 

16 with disabilities; and 

17 ‘‘(D) cooperative agreements and partner18 ships to provide a seamless model for provision 

19 of services to individuals with disabilities and to 

20 avoid duplication of services.’’; 

21 (D) in paragraph (4), by striking ‘‘Com22 missioner’’ each place it appears and inserting 

23 ‘‘ILA Director’’; and 

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


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1 ‘‘(5) STATEWIDENESS.—The State plan shall 

2 provide for the provision of independent living serv3 ices on a statewide basis, to the greatest extent pos4 sible, including through the establishment of addi5 tional centers for independent living, expanded 

6 catchment areas, or focused outreach to serve under7 served populations.’’; 

8 (2) in subsection (b), by striking the period and 

9 inserting the following: ‘‘, as well as a plan for fund10 ing the administrative costs of the Council.’’; 

11 (3) in subsection (c)— 

12 (A) in the subsection heading, by striking 

13 ‘‘UNIT’’ and inserting ‘‘ENTITY’’; 

14 (B) in the matter preceding paragraph (1), 

15 by striking ‘‘the designated State unit of such 

16 State’’ and inserting ‘‘a State entity of such 

17 State (referred to in this title as the ‘designated 

18 State entity’)’’; 

19 (C) in paragraphs (3) and (4), by striking 

20 ‘‘Commissioner’’ each place it appears and in21 serting ‘‘ILA Director’’; 

22 (D) in paragraph (3), by striking ‘‘and’’ at 

23 the end; 

24 (E) in paragraph (4), by striking the pe25 riod and inserting ‘‘; and’’; and 


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

2 ‘‘(5) retain not more than 15 percent of the 

3 funds received by the State for any fiscal year under 

4 part B, for the performance of the services outlined 

5 in paragraphs (1) through (4).’’; 

6 (4) in subsection (i), by striking paragraphs (1) 

7 and (2) and inserting the following: 

8 ‘‘(1) the Statewide Independent Living Council; 

9 ‘‘(2) centers for independent living; 

10 ‘‘(3) the designated State entity; and 

11 ‘‘(4) other State agencies or entities rep12 resented on the Council, other councils that address 

13 the needs and issues of specific disability popu14 lations, and other public and private entities deter15 mined to be appropriate by the Council.’’; 

16 (5) in subsection (m)— 

17 (A) in paragraph (4), by striking ‘‘Com18 missioner’’ each place it appears and inserting 

19 ‘‘ILA Director’’; and 

20 (B) in paragraph (5), by striking ‘‘Com21 missioner’’ each place it appears and inserting 

22 ‘‘ILA Director’’; and 

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

24 ‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY

25 LIFE.— 


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1 ‘‘(1) IN GENERAL.—The plan shall describe 

2 how the State will provide independent living serv3 ices that promote full access to community life for 

4 individuals with significant disabilities. 

5 ‘‘(2) SERVICES.—The services shall include— 

6 ‘‘(A) facilitating transitions of individuals 

7 with significant disabilities from nursing homes 

8 and other institutions, to home and community9 based residences, with the requisite supports 

10 and services; 

11 ‘‘(B) providing assistance to individuals 

12 with significant disabilities that are at risk of 

13 entering institutions so that the individuals may 

14 remain in the community; and 

15 ‘‘(C) facilitating transitions of youth (in16 cluding students) who are individuals with sig17 nificant disabilities, who were eligible for indi18 vidualized education programs under section 

19 614(d) of the Individuals with Disabilities Edu20 cation Act (20 U.S.C. 1414(d)), and who have 

21 completed their secondary education or other22 wise left school, to postsecondary life, including 

23 employment.’’. 

24 SEC. 575. STATEWIDE INDEPENDENT LIVING COUNCIL. 

25 Section 705 (29 U.S.C. 796d) is amended— 


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1 (1) in subsection (b)— 

2 (A) by striking paragraph (2) and insert3 ing the following: 

4 ‘‘(2) COMPOSITION.—The Council shall in5 clude— 

6 ‘‘(A) among its voting members, at least 1 

7 director of a center for independent living cho8 sen by the directors of centers for independent 

9 living within the State; 

10 ‘‘(B) among its voting members, for a 

11 State in which 1 or more centers for inde12 pendent living are run by, or in conjunction 

13 with, the governing bodies of American Indian 

14 tribes located on Federal or State reservations, 

15 at least 1 representative of the directors of the 

16 centers; and 

17 ‘‘(C) as ex officio, nonvoting members, a 

18 representative of the designated State entity, 

19 and representatives from State agencies that 

20 provide services for individuals with disabil21 ities.’’; 

22 (B) in paragraph (3)— 

23 (i) by redesignating subparagraphs 

24 (C) through (F) as subparagraphs (D) 

25 through (G), respectively; 


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

2 ‘‘parents and guardians of’’; and 

3 (iii) by inserting after paragraph (B) 

4 the following: 

5 ‘‘(C) parents and guardians of individuals 

6 with disabilities;’’; 

7 (C) in paragraph (5)(B), by striking 

8 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

9 (1)’’; and 

10 (D) in paragraph (6), by striking subpara11 graph (B) and inserting the following: 

12 ‘‘(B) NUMBER OF TERMS.—No member of 

13 the Council, other than a representative de14 scribed in paragraph (2)(A) if there is only one 

15 center for independent living within the State, 

16 may serve more than 2 consecutive full terms.’’; 

17 (2) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) FUNCTIONS.— 

20 ‘‘(1) DUTIES.—The Council shall— 

21 ‘‘(A) in conjunction with the directors of 

22 the centers for independent living in the State, 

23 jointly develop the State plan as provided in 

24 section 704(a)(2), and sign the State plan; 


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1 ‘‘(B) monitor, review, and evaluate the im2 plementation of the State plan; 

3 ‘‘(C) have at least 4 regularly scheduled 

4 meetings per year, and ensure that such meet5 ings of the Council are open to the public and 

6 sufficient advance notice of such meetings is 

7 provided; 

8 ‘‘(D) submit to the ILA Director such 

9 periodic reports as the ILA Director may rea10 sonably request, and keep such records, and af11 ford such access to such records, as the ILA 

12 Director finds necessary to verify the informa13 tion in such reports; and 

14 ‘‘(E) as appropriate, coordinate activities 

15 with other entities in the State that provide 

16 services similar to or complementary to inde17 pendent living services, such as entities that fa18 cilitate the provision of or provide long-term 

19 community-based services and supports. 

20 ‘‘(2) AUTHORITIES.—The Council may, con21 sistent with the State plan described in section 704, 

22 unless prohibited by State law— 

23 ‘‘(A) facilitate the improvement and co24 ordination of services provided to individuals 

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1 ing, government agencies, and community orga2 nizations; 

3 ‘‘(B) conduct resource development activi4 ties to obtain funding from public and private 

5 resources to support the activities described in 

6 this subsection or to support the provision of 

7 independent living services by centers for inde8 pendent living; and 

9 ‘‘(C) perform such other functions, con10 sistent with the purpose of this chapter and 

11 comparable to other functions described in this 

12 subsection, as the Council determines to be ap13 propriate. 

14 ‘‘(3) LIMITATION.—The Council shall not pro15 vide independent living services directly to individ16 uals with significant disabilities or manage such 

17 services.’’; 

18 (3) in subsection (e)— 

19 (A) in paragraph (1), in the first sentence, 

20 by striking ‘‘prepare’’ and all that follows 

21 through ‘‘a plan’’ and inserting ‘‘prepare, in 

22 conjunction with the designated State entity (as 

23 necessary), a plan’’; and 

24 (B) in paragraph (3), by striking ‘‘State 

25 agency’’ and inserting ‘‘State entity’’; and 


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1 (4) in subsection (f)— 

2 (A) by striking ‘‘such resources’’ and in3 serting ‘‘available resources’’; and 

4 (B) by striking ‘‘(including’’ and all that 

5 follows through ‘‘compensation’’ and inserting 

6 ‘‘(such as personal assistance services), and to 

7 pay reasonable compensation’’. 

8 SEC. 575A. RESPONSIBILITIES OF THE ILA DIRECTOR. 

9 Section 706 (29 U.S.C. 796d–1) is amended— 

10 (1) by striking the title of the section and in11 serting the following: 

12 ‘‘SEC. 706. RESPONSIBILITIES OF THE ILA DIRECTOR.’’; 

13 (2) in subsection (a)— 

14 (A) in paragraph (1), by striking ‘‘Com15 missioner’’ each place it appears and inserting 

16 ‘‘ILA Director’’; and 

17 (B) in paragraph (2)— 

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

19 ‘‘Commissioner’’ each place it appears and 

20 inserting ‘‘ILA Director’’; and 

21 (ii) in subparagraph (B)— 

22 (I) in clause (i)— 

23 (aa) by striking ‘‘Secretary’’ 

24 and inserting ‘‘Secretary or the 

25 Commissioner’’; and 


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1 (bb) by striking ‘‘to the 

2 Commissioner; and’’ and insert3 ing ‘‘to the ILA Director;’’; 

4 (II) by redesignating clause (ii) 

5 as clause (iii); and 

6 (III) by inserting after clause (i) 

7 the following: 

8 ‘‘(ii) to the State agency shall be 

9 deemed to be references to the designated 

10 State entity; and’’; 

11 (3) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) INDICATORS.—Not later than 1 year after the 

14 date of enactment of the Workforce Investment Act of 

15 2013, the ILA Director shall develop and publish in the 

16 Federal Register indicators of minimum compliance for 

17 centers for independent living (consistent with the stand18 ards set forth in section 725), and indicators of minimum 

19 compliance for Statewide Independent Living Councils.’’; 

20 (4) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘Commissioner’’ each 

23 place it appears and inserting ‘‘ILA Direc24 tor’’; and 

25 (ii) by striking the last sentence; and 


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1 (B) in paragraph (2)— 

2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘Commissioner’’ 

4 and inserting ‘‘ILA Director’’; 

5 (ii) in subparagraph (A), by striking 

6 ‘‘such a review’’ and inserting ‘‘a review 

7 described in paragraph (1)’’; and 

8 (iii) in subparagraphs (A) and (B), by 

9 striking ‘‘Department’’ each place it ap10 pears and inserting ‘‘Independent Living 

11 Administration’’; and 

12 (5) by striking subsection (d). 

13 CHAPTER 2—INDEPENDENT LIVING 

14 SERVICES 

15 SEC. 576. ADMINISTRATION. 

16 (a) ALLOTMENTS.—Section 711 (29 U.S.C. 796e) is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)(A)— 

20 (i) by striking ‘‘Except’’ and inserting 

21 ‘‘After the reservation required by section 

22 711A is made, and except’’; and 

23 (ii) by inserting ‘‘the remainder of 

24 the’’ before ‘‘sums appropriated’’; and 


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1 (B) in paragraph (2)(B), by striking 

2 ‘‘amounts made available for purposes of this 

3 part’’ and inserting ‘‘remainder described in 

4 paragraph (1)(A)’’; 

5 (2) in subsections (a), (b), and (c), by striking 

6 ‘‘Commissioner’’ each place it appears and inserting 

7 ‘‘ILA Director’’; and 

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

9 ‘‘(d) ADMINISTRATION.—Funds allotted or made 

10 available to a State under this section shall be adminis11 tered by the designated State entity, in accordance with 

12 the approved State plan.’’. 

13 (b) TRAINING AND TECHNICAL ASSISTANCE.—Part 

14 B of title VII is amended by inserting after section 711 

15 (29 U.S.C. 796e) the following: 

16 ‘‘SEC. 711A. TRAINING AND TECHNICAL ASSISTANCE. 

17 ‘‘(a) IN GENERAL.—From the funds appropriated to 

18 carry out this part for any fiscal year, beginning with fis19 cal year 2014, the ILA Director shall first reserve not less 

20 than 1.8 percent and not more than 2 percent of the funds 

21 to provide training and technical assistance to Statewide 

22 Independent Living Councils for such fiscal year. 

23 ‘‘(b) ALLOCATION.—From the funds reserved under 

24 subsection (a), the ILA Director shall make grants to, and 

25 enter into contracts and other arrangements with, entities 


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1 that have experience in the operation of Statewide Inde2 pendent Living Councils to provide such training and tech3 nical assistance with respect to developing, conducting, ad4 ministering, and evaluating Statewide Independent Living 

5 Councils. 

6 ‘‘(c) FUNDING PRIORITIES.—The ILA Director shall 

7 conduct a survey of Statewide Independent Living Coun8 cils regarding training and technical assistance needs in 

9 order to determine funding priorities for such grants, con10 tracts, or other arrangements. 

11 ‘‘(d) REVIEW.—To be eligible to receive a grant or 

12 enter into a contract or other arrangement under this sec13 tion, such an entity shall submit an application to the ILA 

14 Director at such time, in such manner, and containing a 

15 proposal to provide such training and technical assistance, 

16 and containing such additional information as the ILA Di17 rector may require. The ILA Director shall provide for 

18 peer review of grant applications by panels that include 

19 persons who are not government employees and who have 

20 experience in the operation of Statewide Independent Liv21 ing Councils.’’. 

22 (c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e– 

23 1(a)) is amended by striking ‘‘Commissioner’’ and insert24 ing ‘‘ILA Director’’. 


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1 (d) AUTHORIZED USES OF FUNDS.—Section 713 (29 

2 U.S.C. 796e–2) is amended— 

3 (1) by striking the matter preceding paragraph 

4 (1) and inserting the following: 

5 ‘‘(a) IN GENERAL.—The State may use funds re6 ceived under this part to provide the resources described 

7 in section 705(e) (but may not use more than 30 percent 

8 of the funds paid to the State under section 712 for such 

9 resources unless the State specifies that a greater percent10 age of the funds is needed for such resources in a State 

11 plan approved under section 706), relating to the State12 wide Independent Living Council, may retain funds under 

13 section 704(c)(5), and shall distribute the remainder of 

14 the funds received under this part in a manner consistent 

15 with the approved State plan for the activities described 

16 in subsection (b). 

17 ‘‘(b) ACTIVITIES.—The State may use the remainder 

18 of the funds described in subsection (a)—’’; and 

19 (2) in paragraph (1), by inserting ‘‘, particu20 larly those in unserved areas of the State’’ after 

21 ‘‘disabilities’’. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 714 (29 U.S.C. 796e–3) is amended by striking ‘‘1999 

24 through 2003’’ and inserting ‘‘2014 through 2018’’. 


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1 CHAPTER 3—CENTERS FOR 

2 INDEPENDENT LIVING 

3 SEC. 581. PROGRAM AUTHORIZATION. 

4 Section 721 (29 U.S.C. 796f) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘1999’’ and inserting 

7 ‘‘2014’’; 

8 (B) by striking ‘‘Commissioner shall allot’’ 

9 and inserting ‘‘ILA Director shall make avail10 able’’; and 

11 (C) by inserting ‘‘, centers for independent 

12 living,’’ after ‘‘States’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘For’’ and all that fol16 lows through ‘‘Commissioner’’ and insert17 ing ‘‘From the funds appropriated to carry 

18 out this part for any fiscal year, beginning 

19 with fiscal year 2014, the ILA Director’’; 

20 (ii) by striking ‘‘reserve from such ex21 cess’’ and inserting ‘‘reserve not less than 

22 1.8 percent and not more than 2 percent 

23 of the funds’’; and 

24 (iii) by striking ‘‘eligible agencies’’ 

25 and all that follows and inserting ‘‘centers 


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1 for independent living and eligible agencies 

2 for such fiscal year.’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘Commissioner’’ and 

5 inserting ‘‘ILA Director’’; and 

6 (ii) by inserting ‘‘fiscal management 

7 of,’’ before ‘‘planning,’’; 

8 (C) in paragraphs (3), (4), and (5), by 

9 striking ‘‘Commissioner’’ each place it appears 

10 and inserting ‘‘ILA Director’’; and 

11 (D) in paragraph (3), by striking ‘‘State12 wide Independent Living Councils and’’; 

13 (3) in subsection (c), by striking ‘‘Commis14 sioner’’ each place it appears and inserting ‘‘ILA Di15 rector’’; 

16 (4) in subsection (d), by striking ‘‘Commis17 sioner’’ each place it appears and inserting ‘‘ILA Di18 rector’’; and 

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

20 ‘‘(e) CARRYOVER AUTHORITY.—Notwithstanding any 

21 other provision of law— 

22 ‘‘(1) any funds appropriated for a fiscal year to 

23 carry out a grant program under section 722 or 

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1 cal year shall remain available for obligation and ex2 penditure by such recipients during that succeeding 

3 fiscal year and the subsequent fiscal year; and 

4 ‘‘(2) any amounts of program income received 

5 by recipients under a grant program under section 

6 722 or 723 in a fiscal year, that are not obligated 

7 and expended by the recipients prior to the begin8 ning of the succeeding fiscal year, shall remain avail9 able for obligation and expenditure by such recipi10 ents during that succeeding fiscal year and the sub11 sequent fiscal year.’’. 

12 SEC. 582. CENTERS. 

13 (a) CENTERS IN STATES IN WHICH FEDERAL FUND14 ING EXCEEDS STATE FUNDING.—Section 722 (29 U.S.C. 

15 796f–1) is amended— 

16 (1) in subsections (a), (b), and (c), by striking 

17 ‘‘Commissioner’’ each place it appears and inserting 

18 ‘‘ILA Director’’; 

19 (2) in subsection (c)— 

20 (A) by striking ‘‘grants’’ and inserting 

21 ‘‘grants for a fiscal year’’; and 

22 (B) by striking ‘‘by September 30, 1997’’ 

23 and inserting ‘‘for the preceding fiscal year’’; 

24 (3) in subsection (d)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘Commissioner’’ and 

2 inserting ‘‘ILA Director’’; and 

3 (ii) by striking ‘‘region, consistent’’ 

4 and all that follows and inserting ‘‘region. 

5 The ILA Director’s determination of the 

6 most qualified applicant shall be consistent 

7 with the provisions in the State plan set8 ting forth the design of the State for es9 tablishing a statewide network of centers 

10 for independent living.’’; and 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘Commissioner’’ 

14 and inserting ‘‘ILA Director’’; and 

15 (ii) by striking subparagraph (A) and 

16 inserting the following: 

17 ‘‘(A) shall consider comments regarding 

18 the application— 

19 ‘‘(i) by individuals with disabilities 

20 and other interested parties within the new 

21 region proposed to be served; and 

22 ‘‘(ii) if any, by the Statewide Inde23 pendent Living Council in the State in 

24 which the applicant is located;’’; and 


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1 (iii) in subparagraph (C), by inserting 

2 ‘‘, and consistent with the other objectives 

3 of this title’’ before the period; and 

4 (4) in subsections (e) and (g) by striking ‘‘Com5 missioner’’ each place it appears and inserting ‘‘ILA 

6 Director’’. 

7 (b) CENTERS IN STATES IN WHICH STATE FUNDING

8 EXCEEDS FEDERAL FUNDING.—Section 723 (29 U.S.C. 

9 796f–2) is amended— 

10 (1) in subsections (a), (b), (g), (h), and (i), by 

11 striking ‘‘Commissioner’’ each place it appears and 

12 inserting ‘‘ILA Director’’; 

13 (2) in subsection (a), in the header of para14 graph (3), by striking ‘‘COMMISSIONER’’ and insert15 ing ‘‘ILA DIRECTOR’’; and 

16 (3) in subsection (c)— 

17 (A) by striking ‘‘grants’’ and inserting 

18 ‘‘grants for a fiscal year’’; and 

19 (B) by striking ‘‘by September 30, 1997’’ 

20 and inserting ‘‘for the preceding fiscal year’’. 

21 (c) CENTERS OPERATED BY STATE AGENCIES.—Sec22 tion 724 (29 U.S.C. 796f–3) is amended— 

23 (1) in the matter preceding paragraph (1)— 

24 (A) by striking ‘‘1993’’ and inserting 

25 ‘‘2013’’; 


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1 (B) by striking ‘‘Rehabilitation Act 

2 Amendments of 1998’’ and inserting ‘‘Work3 force Investment Act of 2013’’; and 

4 (C) by striking ‘‘1994’’ and inserting 

5 ‘‘2014’’; and 

6 (2) by striking ‘‘Commissioner’’ each place it 

7 appears and inserting ‘‘ILA Director’’. 

8 SEC. 583. STANDARDS AND ASSURANCES. 

9 Section 725 (29 U.S.C. 796f–4) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (1)(D), by striking ‘‘to 

12 society’’ and inserting ‘‘, both within the com13 munity and throughout the United States,’’; 

14 and 

15 (B) in paragraph (5), by inserting ‘‘(as de16 fined in section 7(17))’’ after ‘‘core services’’; 

17 and 

18 (2) in subsection (c), by striking ‘‘Commis19 sioner’’ each place it appears and inserting ‘‘ILA Di20 rector’’. 

21 SEC. 584. AUTHORIZATION OF APPROPRIATIONS. 

22 Section 727 (29 U.S.C. 796f–6) is amended by strik23 ing ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 

24 years 2014 through 2018’’. 


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1 CHAPTER 4—INDEPENDENT LIVING SERV2 ICES FOR OLDER INDIVIDUALS WHO 

3 ARE BLIND 

4 SEC. 586. INDEPENDENT LIVING SERVICES FOR OLDER IN5 DIVIDUALS WHO ARE BLIND. 

6 Chapter 2 of title VII (29 U.S.C. 796j et seq.) is 

7 amended— 

8 (1) by redesignating sections 752 and 753 as 

9 sections 753 and 754, respectively; and 

10 (2) by inserting after section 751 the following: 

11 ‘‘SEC. 752. TRAINING AND TECHNICAL ASSISTANCE. 

12 ‘‘(a) GRANTS; CONTRACTS; OTHER ARRANGE13 MENTS.—For any fiscal year for which the funds appro14 priated to carry out this chapter exceed the funds appro15 priated to carry out this chapter for fiscal year 2008, the 

16 Commissioner shall first reserve from such excess, to pro17 vide training and technical assistance to designated State 

18 agencies, or other providers of independent living services 

19 for older individuals who are blind, that are funded under 

20 this chapter for such fiscal year, not less than 1.8 percent, 

21 and not more than 2 percent, of the funds appropriated 

22 to carry out this chapter for the fiscal year involved. 

23 ‘‘(b) ALLOCATION.—From the funds reserved under 

24 subsection (a), the Commissioner shall make grants to, 

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1 tities that demonstrate expertise in the provision of serv2 ices to older individuals who are blind, to provide training 

3 and technical assistance with respect to planning, devel4 oping, conducting, administering, and evaluating inde5 pendent living programs for older individuals who are 

6 blind. 

7 ‘‘(c) FUNDING PRIORITIES.—The Commissioner shall 

8 conduct a survey of designated State agencies that receive 

9 grants under section 753 regarding training and technical 

10 assistance needs in order to determine funding priorities 

11 for grants, contracts, and other arrangements under this 

12 section. 

13 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

14 or enter into a contract or other arrangement under this 

15 section, an entity shall submit an application to the Com16 missioner at such time, in such manner, containing a pro17 posal to provide such training and technical assistance, 

18 and containing such additional information as the Com19 missioner may require.’’. 

20 SEC. 587. PROGRAM OF GRANTS. 

21 Section 753 (29 U.S.C. 796k), as redesignated by 

22 section 586, is amended— 

23 (1) by striking subsection (h); 

24 (2) by redesignating subsections (i) and (j) as 

25 subsections (h) and (i), respectively; 


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1 (3) in subsection (b), by striking ‘‘section 753’’ 

2 and inserting ‘‘section 754’’; 

3 (4) in subsection (c)— 

4 (A) in paragraph (1), by striking ‘‘section 

5 753’’ and inserting ‘‘section 754’’; and 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘subsection (j)’’ and in8 serting ‘‘subsection (i)’’; and 

9 (ii) by striking ‘‘subsection (i)’’ and 

10 inserting ‘‘subsection (h)’’; 

11 (5) in subsection (g), by inserting ‘‘, or con12 tracts with,’’ after ‘‘grants to’’; 

13 (6) in subsection (h), as redesignated by para14 graph (2)— 

15 (A) in paragraph (1), by striking ‘‘sub16 section (j)(4)’’ and inserting ‘‘subsection 

17 (i)(4)’’; and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A)(vi), by adding 

20 ‘‘and’’ after the semicolon; 

21 (ii) in subparagraph (B)(ii)(III), by 

22 striking ‘‘; and’’ and inserting a period; 

23 and 

24 (iii) by striking subparagraph (C); 

25 and 


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1 (7) in subsection (i), as redesignated by para2 graph (2)— 

3 (A) by striking paragraph (2) and insert4 ing the following: 

5 ‘‘(2) MINIMUM ALLOTMENT.— 

6 ‘‘(A) STATES.—In the case of any of the 

7 several States, the District of Columbia, or the 

8 Commonwealth of Puerto Rico, the amount re9 ferred to in paragraph (1)(A) for a fiscal year 

10 is the greater of— 

11 ‘‘(i) $350,000; 

12 ‘‘(ii) an amount equal to the amount 

13 the State, the District of Columbia, or the 

14 Commonwealth of Puerto Rico received to 

15 carry out this chapter for fiscal year 2008; 

16 or 

‘‘(iii) an amount equal to 1 17 ⁄3 of 1 per18 cent of the amount appropriated under sec19 tion 754, and not reserved under section 

20 752, for the fiscal year and available for 

21 allotments under subsection (a). 

22 ‘‘(B) CERTAIN TERRITORIES.—In the case 

23 of Guam, American Samoa, the United States 

24 Virgin Islands, or the Commonwealth of the 

25 Northern Mariana Islands, the amount referred 


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1 to in paragraph (1)(A) for a fiscal year is 

2 $60,000.’’; 

3 (B) in paragraph (3)(A), by striking ‘‘sec4 tion 753’’ and inserting ‘‘section 754, and not 

5 reserved under section 752,’’; and 

6 (C) in paragraph (4)(B)(i), by striking 

7 ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’. 

8 SEC. 588. INDEPENDENT LIVING SERVICES FOR OLDER IN9 DIVIDUALS WHO ARE BLIND AUTHORIZATION 

10 OF APPROPRIATIONS. 

11 Section 754 (29 U.S.C. 796l), as redesignated by sec12 tion 586, is amended by striking ‘‘fiscal years 1999 

13 through 2003’’ and inserting ‘‘fiscal years 2014 through 

14 2018’’. 

15 Subtitle I—Increasing Employment 

16 Opportunities for Individuals 

17 With Disabilities 

18 SEC. 591. DISABILITY EMPLOYMENT. 

19 (a) IN GENERAL.—The Rehabilitation Act of 1973 

20 (29 U.S.C. 701 et seq.) is amended by adding at the end 

21 the following: 


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1 ‘‘TITLE VIII—INCREASING EM2 PLOYMENT OPPORTUNITIES 

3 FOR INDIVIDUALS WITH DIS4 ABILITIES 

5 ‘‘SEC. 801. OFFICE OF DISABILITY EMPLOYMENT POLICY, 

6 SERVICES, AND SUPPORTS. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to es8 tablish an Office of Disability Employment Policy, Serv9 ices, and Supports— 

10 ‘‘(1) to help develop and support national poli11 cies and practices that will increase employment and 

12 economic advancement opportunities for all individ13 uals with disabilities; 

14 ‘‘(2) to ensure that such individuals are fully 

15 integrated into the 21st century workforce; and 

16 ‘‘(3) to help advance the purposes specified in 

17 section 2(b). 

18 ‘‘(b) OFFICE.—There is established within the De19 partment of Labor an Office of Disability Employment 

20 Policy, Services, and Supports (referred to in this section 

21 as the ‘Office’). Except as otherwise specifically provided 

22 in this Act, such Office shall be the principal entity car23 rying out the functions described in this section. 

24 ‘‘(c) ASSISTANT SECRETARY.— 


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1 ‘‘(1) IN GENERAL.—The Office shall be headed 

2 by an Assistant Secretary of Disability Employment 

3 Policy, Services, and Supports (referred to in this 

4 title as the ‘Assistant Secretary’) appointed by the 

5 President by and with the advice and consent of the 

6 Senate. Except as otherwise specifically provided in 

7 this Act, the Assistant Secretary shall be the prin8 cipal officer carrying out the functions described in 

9 this section. 

10 ‘‘(2) EXPERIENCE.—The Assistant Secretary 

11 shall be an individual with experience in, and a thor12 ough knowledge of, disability employment policy, 

13 training and educational opportunities for individ14 uals with disabilities (including youth with disabil15 ities), public benefit programs for individuals with 

16 disabilities, job development, and the barriers that 

17 may limit employment and economic advancement 

18 opportunities of individuals with disabilities. 

19 ‘‘(3) GOALS AND DIRECTION.—In carrying out 

20 the functions of the Office, the Assistant Secretary 

21 shall be guided by the goals of achieving equal op22 portunity, full participation, economic self-suffi23 ciency, and independent living for all individuals 

24 with disabilities, to the greatest extent possible. In 

25 the performance of the functions of the Office, the 


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1 Assistant Secretary shall be directly responsible to 

2 the Secretary of Labor. 

3 ‘‘(d) FUNCTIONS.— 

4 ‘‘(1) IN GENERAL.—The Assistant Secretary 

5 shall provide national leadership, and encourage 

6 interagency collaboration, on increasing employment 

7 and training opportunities for individuals with dis8 abilities through the development of policies and ini9 tiatives (taking into account relevant information 

10 from other Federal agencies and including the 

11 awarding of grants as appropriate) that— 

12 ‘‘(A) eliminate barriers to the employment 

13 and training of individuals with disabilities; 

14 ‘‘(B) advance opportunities for employ15 ment, and identify strategies that increase em16 ployment opportunities in the private sector, for 

17 individuals with disabilities, including recruit18 ment, retention, and promotion of such individ19 uals; 

20 ‘‘(C) identify and remove disincentives that 

21 limit or prevent the full employment of individ22 uals with disabilities who are receiving benefits 

23 through Federal or State programs such as 

24 medical assistance under a State Medicaid pro25 gram under title XIX of the Social Security Act 


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1 (42 U.S.C. 1396 et seq.), disability insurance 

2 benefits under title II of the Social Security Act 

3 (42 U.S.C. 401 et seq.), or supplemental secu4 rity income benefits under title XVI of the So5 cial Security Act (42 U.S.C. 1381 et seq.); 

6 ‘‘(D) advise and assist the Department of 

7 Labor and other Federal agencies in the devel8 opment of policies and practices that increase 

9 employment opportunities in the Federal Gov10 ernment for individuals with disabilities, includ11 ing outreach to and recruitment, retention, and 

12 promotion of such individuals; 

13 ‘‘(E) assist youth with disabilities, includ14 ing such youth who are out-of-school youth, in 

15 successfully transitioning into competitive inte16 grated employment; 

17 ‘‘(F) increase access for individuals with 

18 disabilities seeking employment, education, and 

19 training services from a one-stop delivery sys20 tem described in section 221(e) of the Work21 force Investment Act of 2013, and other public 

22 and private providers of such services and sup23 ports; 

24 ‘‘(G) increase coordination of activities be25 tween State vocational rehabilitation programs 


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1 and the workforce development systems (as de2 fined in section 101 of such Act), including the 

3 one-stop centers (as defined in such section 

4 101), including assisting individuals with dis5 abilities in maximizing the services available 

6 through such programs, systems, and centers; 

7 ‘‘(H) leverage available public and system 

8 resources to address individual and systematic 

9 employment barriers for individuals with dis10 abilities, and assist such individuals in navi11 gating the process of coordinating their public 

12 benefits, including health care; 

13 ‘‘(I) increase employment opportunities for 

14 individuals with significant disabilities; and 

15 ‘‘(J) meet other objectives, as specified by 

16 the Secretary of Labor, that will increase em17 ployment and training opportunities for individ18 uals with disabilities. 

19 ‘‘(2) LIMITED ENFORCEMENT AUTHORITY.— 

20 The Assistant Secretary does not have enforcement 

21 authority, under Federal laws other than this Act, to 

22 carry out the functions described in paragraph (1). 

23 ‘‘(e) REPORT.—For each fiscal year, beginning with 

24 the first full fiscal year following the date of enactment 

25 of the Workforce Investment Act of 2013, the Secretary 


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1 of Labor shall prepare a report and submit the report to 

2 the Committee on Education and the Workforce of the 

3 House of Representatives and the Committee on Health, 

4 Education, Labor, and Pensions of the Senate, not later 

5 than 90 days after the end of that fiscal year. The report 

6 shall summarize the Office’s progress in— 

7 ‘‘(1) meeting the general objectives specified in 

8 paragraphs (1) and (2) of subsection (a); 

9 ‘‘(2) meeting each of the 4 goals specified in 

10 subsection (c)(3); and 

11 ‘‘(3) developing the specific policies and initia12 tives specified in subsection (d). 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary for each of fiscal years 

16 2014 through 2018. 

17 ‘‘SEC. 802. ADVISORY COMMITTEE ON INCREASING COM18 PETITIVE INTEGRATED EMPLOYMENT FOR 

19 INDIVIDUALS WITH DISABILITIES. 

20 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

21 the date of enactment of the Workforce Investment Act 

22 of 2013, the Secretary of Labor shall establish an Advi23 sory Committee on Increasing Competitive Integrated Em24 ployment for Individuals with Disabilities (referred to in 

25 this section as the ‘Committee’). 


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1 ‘‘(b) APPOINTMENT AND VACANCIES.— 

2 ‘‘(1) APPOINTMENT.—The Secretary of Labor 

3 shall appoint the members of the Committee de4 scribed in subsection (c)(6), in accordance with sub5 section (c). Each member so appointed shall be ap6 pointed for a 2-year term. 

7 ‘‘(2) VACANCIES.—Any vacancy in the Com8 mittee shall not affect its powers, but shall be filled 

9 in the same manner, in accordance with the same 

10 paragraph of subsection (c), as the original appoint11 ment or designation was made. 

12 ‘‘(c) COMPOSITION.—The Committee shall be com13 posed of— 

14 ‘‘(1) the Assistant Secretary of Disability Em15 ployment Policy, Services, and Supports, the Assist16 ant Secretary for Employment and Training, and 

17 the Administrator of the Wage and Hour Division, 

18 of the Department of Labor; 

19 ‘‘(2) the Commissioner of the Administration on 

20 Developmental Disabilities, or the Commissioner’s 

21 designee; 

22 ‘‘(3) the Director of the Centers for Medicare 

23 & Medicaid Services of the Department of Health 

24 and Human Services, or the Director’s designee; 


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1 ‘‘(4) the Commissioner of Social Security, or 

2 the Commissioner’s designee; 

3 ‘‘(5) the Commissioner of the Disability Em4 ployment Services and Supports Administration, or 

5 the Commissioner’s designee; and 

6 ‘‘(6) representatives from constituencies con7 sisting of— 

8 ‘‘(A) self-advocates for individuals with in9 tellectual or developmental disabilities; 

10 ‘‘(B) providers of employment services, in11 cluding those that employ individuals with intel12 lectual or developmental disabilities in competi13 tive integrated employment; 

14 ‘‘(C) representatives of national disability 

15 advocacy organizations for adults with intellec16 tual or developmental disabilities; 

17 ‘‘(D) experts with a background in aca18 demia or research and expertise in employment 

19 and wage policy issues for individuals with in20 tellectual or developmental disabilities; 

21 ‘‘(E) representatives from the employer 

22 community or a national employer organization; 

23 and 

24 ‘‘(F) other individuals or representatives of 

25 organizations with expertise on the issue of inVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 creasing opportunities for competitive inte2 grated employment for individuals with disabil3 ities. 

4 ‘‘(d) CHAIRPERSON.—The Secretary of Labor shall 

5 designate a Chairperson of the Committee from among the 

6 appointed members of the Committee. 

7 ‘‘(e) MEETINGS.—The Committee shall meet at the 

8 call of the Chairperson, but not less often than 4 times 

9 per year. 

10 ‘‘(f) DUTIES.—The Committee shall study, and pre11 pare findings, conclusions, and recommendations for the 

12 Secretary of Labor on, ways to— 

13 ‘‘(1) reduce reliance on the use of the certificate 

14 program carried out under section 14(c) of the Fair 

15 Labor Standards Act of 1938 (29 U.S.C. 214(c)) for 

16 the employment of individuals with intellectual or 

17 developmental disabilities, or other individuals with 

18 significant disabilities, except in limited cir19 cumstances or for training purposes; 

20 ‘‘(2) increase the employment opportunities for 

21 individuals described in paragraph (1) in competitive 

22 integrated employment; and 

23 ‘‘(3) increase oversight of and accountability for 

24 the use of such certificates. 

25 ‘‘(g) COMMITTEE PERSONNEL MATTERS.— 


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1 ‘‘(1) TRAVEL EXPENSES.—The members of the 

2 Committee shall not receive compensation for the 

3 performance of services for the Committee, but shall 

4 be allowed travel expenses, including per diem in lieu 

5 of subsistence, at rates authorized for employees of 

6 agencies under subchapter I of chapter 57 of title 5, 

7 United States Code, while away from their homes or 

8 regular places of business in the performance of 

9 services for the Committee. Notwithstanding section 

10 1342 of title 31, United States Code, the Secretary 

11 may accept the voluntary and uncompensated serv12 ices of members of the Committee. 

13 ‘‘(2) STAFF.—The Secretary of Labor may des14 ignate such personnel as may be necessary to enable 

15 the Committee to perform its duties. 

16 ‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.— 

17 Any Federal Government employee, with the ap18 proval of the head of the appropriate Federal agen19 cy, may be detailed to the Committee without reim20 bursement, and such detail shall be without inter21 ruption or loss of civil service status or privilege. 

22 ‘‘(4) FACILITIES, EQUIPMENT, AND SERV23 ICES.—The Secretary of Labor shall make available 

24 to the Committee necessary office space and furnish 

25 the Committee, under such arrangements respecting 


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1 financing as may be appropriate, with necessary 

2 equipment, supplies, and services. 

3 ‘‘(h) REPORTS.— 

4 ‘‘(1) INTERIM AND FINAL REPORTS.—The Com5 mittee shall prepare and submit to the Secretary of 

6 Labor, as well as the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate and other 

8 appropriate committees of Congress— 

9 ‘‘(A) an interim report that summarizes 

10 the progress of the Committee, along with any 

11 interim findings, conclusions, and recommenda12 tions described in subsection (f); and 

13 ‘‘(B) a final report that summarizes that 

14 progress and states final findings, conclusions, 

15 and recommendations described in subsection 

16 (f). 

17 ‘‘(2) PREPARATION AND SUBMISSION.—The re18 ports shall be prepared and submitted— 

19 ‘‘(A) in the case of the interim report, not 

20 later than 1 year after the date on which the 

21 Committee first meets; and 

22 ‘‘(B) in the case of the final report, not 

23 later than 2 years after the date on which the 

24 Committee first meets. 


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1 ‘‘(i) TERMINATION.—The Committee shall terminate 

2 on the day after the date on which the Committee submits 

3 the final report. 

4 ‘‘SEC. 803. PUBLIC EDUCATION CAMPAIGNS ABOUT HIRING 

5 INDIVIDUALS WITH DISABILITIES. 

6 ‘‘(a) IN GENERAL.—Not later than 120 days after 

7 the date of enactment of the Workforce Investment Act 

8 of 2013, the Secretary of Labor, acting through the As9 sistant Secretary and in coordination with the Commis10 sioner of the Disability Employment Services and Sup11 ports Administration, the Commissioner of Social Secu12 rity, and the heads of other relevant Federal agencies and 

13 divisions of Federal agencies, shall develop and carry out 

14 public education campaigns that educate employers (in15 cluding small businesses), employees (including individuals 

16 with disabilities), and members of the general public (in17 cluding young adults) on the benefits of hiring individuals 

18 with disabilities. The public education campaign for em19 ployers (including small businesses) shall include informa20 tion on— 

21 ‘‘(1) the work opportunity credit under section 

22 51 of the Internal Revenue Code of 1986; and 

23 ‘‘(2) tax incentives available to businesses to 

24 help cover the cost of improving accessibility, includ25 ing— 


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1 ‘‘(A) the disabled access credit under sec2 tion 44 of the Internal Revenue Code of 1986; 

3 and 

4 ‘‘(B) the tax deduction available under sec5 tion 190 of the Internal Revenue Code of 1986, 

6 for expenses for architectural barrier removal. 

7 ‘‘(b) EDUCATIONAL MATERIALS.—The public edu8 cation campaigns described in subsection (a) shall include, 

9 as necessary, different educational materials in order to 

10 adequately target and educate, small businesses, employ11 ers generally, employees, and members of the general pub12 lic, including educational materials on work incentives that 

13 may assist individuals with disabilities in leaving programs 

14 of public benefits, entering the workforce, advancing their 

15 economic status, and contributing to and participating 

16 more fully in their communities.’’. 

17 (b) ELIMINATION OF TEXT ESTABLISHING EXISTING

18 OFFICE.—Title I of the Department of Labor Appropria19 tions Act, 2001, as enacted into law by section 1(a)(1) 

20 of the Consolidated Appropriations Act, 2001 is amended, 

21 in the matter under the header ‘‘SALARIES AND EX22 PENSES’’ in the matter under the header ‘‘DEPART23 MENTAL MANAGEMENT’’, by striking ‘‘: Provided further, 

24 That beginning’’ and all that follows through ‘‘this pur25 pose’’. 


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1 (c) REFERENCES.—A reference in any other Federal 

2 law, Executive order, rule, regulation, or delegation of au3 thority, or any document of or relating to— 

4 (1) the Assistant Secretary for Disability Em5 ployment Policy, shall be deemed to refer to the As6 sistant Secretary of Disability Employment Policy, 

7 Services, and Supports; and 

8 (2) the Office of Disability Employment Policy, 

9 shall be deemed to refer to the Office of Disability 

10 Employment Policy, Services, and Supports. 

11 Subtitle J—General Provisions 

12 SEC. 596. TRANSFER OF FUNCTIONS TO DEPARTMENT OF 

13 LABOR, AND SAVINGS PROVISIONS. 

14 (a) DEFINITIONS.—For purposes of this section, un15 less otherwise provided or indicated by the context— 

16 (1) the term ‘‘Disability Employment Services 

17 and Supports Administration’’ means the Disability 

18 Employment Services and Supports Administration 

19 of the Office of Disability Employment Policy, Serv20 ices, and Supports of the Department of Labor; 

21 (2) the term ‘‘Federal agency’’ has the meaning 

22 given to the term ‘‘agency’’ by section 551(1) of title 

23 5, United States Code; 


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1 (3) the term ‘‘function’’ means any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program; 

4 (4) the term ‘‘office’’ includes any office, ad5 ministration, agency, institute, unit, organizational 

6 entity, or component thereof; and 

7 (5) the term ‘‘Rehabilitation Services Adminis8 tration’’ means the Rehabilitation Services Adminis9 tration of the Office of Special Education and Reha10 bilitative Services of the Department of Education. 

11 (b) TRANSFER OF FUNCTIONS.—There are trans12 ferred to the Disability Employment Services and Sup13 ports Administration, all functions which the Commis14 sioner of the Rehabilitation Services Administration exer15 cised before the effective date of this section (including 

16 all related functions of any officer or employee of that Ad17 ministration) under the Rehabilitation Act of 1973 (29 

18 U.S.C. 701 et seq.), other than title VII of that Act (29 

19 U.S.C. 796 et seq.). 

20 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

21 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec22 essary, the Office of Management and Budget shall make 

23 any determination of the functions that are transferred 

24 under this section. 

25 (d) PERSONNEL PROVISIONS.— 


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1 (1) APPOINTMENTS.—The Commissioner of the 

2 Disability Employment Services and Supports Ad3 ministration may appoint and fix the compensation 

4 of such officers and employees, including investiga5 tors, attorneys, and administrative law judges, as 

6 may be necessary to carry out the respective func7 tions transferred under this section. Except as oth8 erwise provided by law, such officers and employees 

9 shall be appointed in accordance with the civil serv10 ice laws and their compensation fixed in accordance 

11 with title 5, United States Code. 

12 (2) EXPERTS AND CONSULTANTS.—The Com13 missioner of the Disability Employment Services and 

14 Supports Administration may obtain the services of 

15 experts and consultants in accordance with section 

16 3109 of title 5, United States Code, and compensate 

17 such experts and consultants for each day (including 

18 travel time) at rates not in excess of the rate of pay 

19 for level IV of the Executive Schedule under section 

20 5315 of such title. The Commissioner of the Dis21 ability Employment Services and Supports Adminis22 tration may pay experts and consultants who are 

23 serving away from their homes or regular place of 

24 business travel expenses and per diem in lieu of sub25 sistence at rates authorized by sections 5702 and 


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1 5703 of such title for persons in Government service 

2 employed intermittently. 

3 (e) DELEGATION AND ASSIGNMENT.—Except where 

4 otherwise expressly prohibited by law or otherwise pro5 vided by this section, the Commissioner of the Disability 

6 Employment Services and Supports Administration may 

7 delegate any of the functions transferred to the Commis8 sioner of such Administration by this section and any 

9 function transferred or granted to such Commissioner 

10 after the effective date of this section to such officers and 

11 employees of such Administration as the Commissioner 

12 may designate, and may authorize successive redelegations 

13 of such functions as may be necessary or appropriate. No 

14 delegation of functions by the Commissioner of the Dis15 ability Employment Services and Supports Administration 

16 under this subsection or under any other provision of this 

17 section shall relieve such Commissioner of responsibility 

18 for the administration of such functions. 

19 (f) REORGANIZATION.—The Commissioner of the 

20 Disability Employment Services and Supports Administra21 tion is authorized to allocate or reallocate any function 

22 transferred under this section among the officers of such 

23 Administration, and to establish, consolidate, alter, or dis24 continue such organizational entities in such Administra25 tion as may be necessary or appropriate. 


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1 (g) RULES.—The Commissioner of the Disability 

2 Employment Services and Supports Administration is au3 thorized to prescribe, in accordance with the provisions of 

4 chapters 5 and 6 of title 5, United States Code, such rules 

5 and regulations as that Commissioner determines nec6 essary or appropriate to administer and manage the func7 tions of that Administration. 

8 (h) TRANSFER AND ALLOCATIONS OF APPROPRIA9 TIONS AND PERSONNEL.—Except as otherwise provided 

10 in this section, the personnel employed in connection with, 

11 and the assets, liabilities, contracts, property, records, and 

12 unexpended balances of appropriations, authorizations, al13 locations, and other funds employed, used, held, arising 

14 from, available to, or to be made available in connection 

15 with the functions transferred by this section, subject to 

16 section 1531 of title 31, United States Code, shall be 

17 transferred to the Disability Employment Services and 

18 Supports Administration. Unexpended funds transferred 

19 pursuant to this subsection shall be used only for the pur20 poses for which the funds were originally authorized and 

21 appropriated. 

22 (i) INCIDENTAL TRANSFERS.—The Director of the 

23 Office of Management and Budget, at such time or times 

24 as the Director shall provide, is authorized to make such 

25 determinations as may be necessary with regard to the 


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1 functions transferred by this section, and to make such 

2 additional incidental dispositions of personnel, assets, li3 abilities, grants, contracts, property, records, and unex4 pended balances of appropriations, authorizations, alloca5 tions, and other funds held, used, arising from, available 

6 to, or to be made available in connection with such func7 tions, as may be necessary to carry out the provisions of 

8 this section. The Director of the Office of Management 

9 and Budget shall provide for the termination of the affairs 

10 of all entities terminated by this section and for such fur11 ther measures and dispositions as may be necessary to ef12 fectuate the purposes of this section. 

13 (j) EFFECT ON PERSONNEL.— 

14 (1) IN GENERAL.—Except as otherwise pro15 vided by this section, the transfer pursuant to this 

16 section of full-time personnel (except special Govern17 ment employees) and part-time personnel holding 

18 permanent positions shall not cause any such em19 ployee to be separated or reduced in grade or com20 pensation for 1 year after the date of transfer of 

21 such employee under this section. 

22 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

23 as otherwise provided in this section, any person 

24 who, on the day preceding the effective date of this 

25 section, held a position compensated in accordance 


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1 with the Executive Schedule prescribed in chapter 

2 53 of title 5, United States Code, and who, without 

3 a break in service, is appointed in the Disability Em4 ployment Services and Supports Administration to a 

5 position having duties comparable to the duties per6 formed immediately preceding such appointment 

7 shall continue to be compensated in such new posi8 tion at not less than the rate provided for such pre9 vious position, for the duration of the service of such 

10 person in such new position. 

11 (3) TERMINATION OF CERTAIN POSITIONS.— 

12 Positions whose incumbents are appointed by the 

13 President, by and with the advice and consent of the 

14 Senate, the functions of which are transferred by 

15 this section, shall terminate on the effective date of 

16 this section. 

17 (k) SAVINGS PROVISIONS.— 

18 (1) CONTINUING EFFECT OF LEGAL DOCU19 MENTS.—All orders, determinations, rules, regula20 tions, permits, agreements, grants, contracts, certifi21 cates, licenses, registrations, privileges, and other 

22 administrative actions— 

23 (A) which have been issued, made, grant24 ed, or allowed to become effective by the Presi25 dent, any Federal agency or official thereof, or 


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1 by a court of competent jurisdiction, in the per2 formance of functions which are transferred 

3 under this section; and 

4 (B) which are in effect at the time this 

5 section takes effect, or were final before the ef6 fective date of this section and are to become 

7 effective on or after the effective date of this 

8 section, 

9 shall continue in effect according to their terms until 

10 modified, terminated, superseded, set aside, or re11 voked in accordance with law by the President, the 

12 Commissioner of the Disability Employment Services 

13 and Supports Administration or other authorized of14 ficial, a court of competent jurisdiction, or by oper15 ation of law. 

16 (2) PROCEEDINGS NOT AFFECTED.—The provi17 sions of this section shall not affect any proceedings, 

18 including notices of proposed rulemaking, or any ap19 plication for any license, permit, certificate, or finan20 cial assistance pending before the Rehabilitation 

21 Services Administration at the time this section 

22 takes effect, with respect to functions transferred by 

23 this section but such proceedings and applications 

24 shall be continued. Orders shall be issued in such 

25 proceedings, appeals shall be taken therefrom, and 


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1 payments shall be made pursuant to such orders, as 

2 if this section had not been enacted, and orders 

3 issued in any such proceedings shall continue in ef4 fect until modified, terminated, superseded, or re5 voked by a duly authorized official, by a court of 

6 competent jurisdiction, or by operation of law. Noth7 ing in this paragraph shall be deemed to prohibit the 

8 discontinuance or modification of any such pro9 ceeding under the same terms and conditions and to 

10 the same extent that such proceeding could have 

11 been discontinued or modified if this section had not 

12 been enacted. 

13 (3) SUITS NOT AFFECTED.—The provisions of 

14 this section shall not affect suits commenced (with 

15 respect to functions transferred under this section) 

16 before the effective date of this section, and in all 

17 such suits, proceedings shall be had, appeals taken, 

18 and judgments rendered in the same manner and 

19 with the same effect as if this section had not been 

20 enacted. 

21 (4) NONABATEMENT OF ACTIONS.—No suit, ac22 tion, or other proceeding commenced by or against 

23 the Rehabilitation Services Administration (with re24 gard to functions transferred under this section), or 

25 by or against any individual in the official capacity 


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1 of such individual as an officer of the Rehabilitation 

2 Services Administration (with regard to functions 

3 transferred under this section), shall abate by reason 

4 of the enactment of this section. 

5 (5) ADMINISTRATIVE ACTIONS RELATING TO

6 PROMULGATION OF REGULATIONS.—Any administra7 tive action relating to the preparation or promulga8 tion of a regulation by the Rehabilitation Services 

9 Administration (with regard to functions transferred 

10 under this section) may be continued by the Dis11 ability Employment Services and Supports Adminis12 tration with the same effect as if this section had 

13 not been enacted. 

14 (l) SEPARABILITY.—If a provision of this section or 

15 its application to any person or circumstance is held in16 valid, neither the remainder of this section nor the applica17 tion of the provision to other persons or circumstances 

18 shall be affected. 

19 (m) REFERENCES.—A reference in any other Federal 

20 law, Executive order, rule, regulation, or delegation of au21 thority, or any document of or relating to— 

22 (1) the Commissioner of the Rehabilitation 

23 Services Administration (with regard to functions 

24 transferred under this section), shall be deemed to 


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1 refer to the Commissioner of the Disability Employ2 ment Services and Supports Administration; and 

3 (2) the Rehabilitation Services Administration 

4 (with regard to functions transferred under this sec5 tion), shall be deemed to refer to the Disability Em6 ployment Services and Supports Administration. 

7 (n) ADDITIONAL CONFORMING AMENDMENTS.— 

8 (1) RECOMMENDED LEGISLATION.—After con9 sultation with the appropriate committees of Con10 gress and the Director of the Office of Management 

11 and Budget, the Commissioner of the Disability Em12 ployment Services and Supports Administration shall 

13 prepare and submit to Congress recommended legis14 lation containing technical and conforming amend15 ments to reflect the changes made by this section. 

16 (2) SUBMISSION TO CONGRESS.—Not later than 

17 180 days after the effective date of this section, the 

18 Commissioner of the Disability Employment Services 

19 and Supports Administration shall submit the rec20 ommended legislation referred to under paragraph 

21 (1). 

22 (o) TRANSITION.—The Commissioner of the Dis23 ability Employment Services and Supports Administration 

24 is authorized to utilize— 


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1 (1) the services of such officers, employees, and 

2 other personnel of the Rehabilitation Services Ad3 ministration with regard to functions transferred 

4 under this section; and 

5 (2) funds appropriated to such functions, 

6 for such period of time as may reasonably be needed to 

7 facilitate the orderly implementation of this section. 

8 (p) INTERIM LEADERSHIP.—Until the date on which 

9 the Commissioner of the Disability Employment Services 

10 and Supports Administration takes office, the Secretary 

11 of Labor may exercise any authority of that Administra12 tion. 

13 SEC. 597. TRANSFER OF FUNCTIONS TO DEPARTMENT OF 

14 HEALTH AND HUMAN SERVICES, AND SAV15 INGS PROVISIONS. 

16 (a) INDEPENDENT LIVING ADMINISTRATION.— 

17 (1) DEFINITIONS.—For purposes of this sub18 section, unless otherwise provided or indicated by 

19 the context— 

20 (A) the terms ‘‘Disability Employment 

21 Services and Supports Administration’’, ‘‘func22 tion’’, and ‘‘Rehabilitation Services Administra23 tion’’ have the meanings given the terms in sec24 tion 596; and 


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1 (B) the term ‘‘Independent Living Admin2 istration’’ means the Independent Living Ad3 ministration of the Administration for Commu4 nity Living of the Department of Health and 

5 Human Services. 

6 (2) TRANSFER OF FUNCTIONS.—There are 

7 transferred to the Independent Living Administra8 tion, all functions which the Commissioner of the 

9 Rehabilitation Services Administration exercised be10 fore the effective date of this section (including all 

11 related functions of any officer or employee of that 

12 Administration) under title VII of the Rehabilitation 

13 Act of 1973 (29 U.S.C. 796 et seq.). 

14 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

15 BY THE OFFICE OF MANAGEMENT AND BUDGET.— 

16 If necessary, the Office of Management and Budget 

17 shall make any determination of the functions that 

18 are transferred under paragraph (2). 

19 (4) ADMINISTRATIVE MATTERS.— 

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

21 subparagraph (B), subsections (d) through (o) 

22 of section 596— 

23 (i) shall apply to the Rehabilitation 

24 Services Administration; and 


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1 (ii) shall apply to the Independent 

2 Living Administration and the Director of 

3 that Administration in the same manner 

4 and to the same extent as those sub5 sections apply to the Disability Employ6 ment Services and Supports Administra7 tion and the Commissioner of that Admin8 istration. 

9 (B) REFERENCES TO TRANSFERS.—For 

10 purposes of applying those subsections under 

11 subparagraph (A), references in those sub12 sections to a transfer shall be considered to 

13 refer to a transfer under paragraph (2) or a 

14 corresponding provision of this subsection. 

15 (5) INTERIM LEADERSHIP.—Until the date on 

16 which the Director of the Independent Living Ad17 ministration takes office, the Secretary of Health 

18 and Human Services may exercise any authority of 

19 that Administration. 

20 (b) NATIONAL INSTITUTE ON DISABILITY, INDE21 PENDENT LIVING, AND REHABILITATION RESEARCH.— 

22 (1) DEFINITIONS.—For purposes of this sub23 section, unless otherwise provided or indicated by 

24 the context— 


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1 (A) the terms ‘‘Disability Employment 

2 Services and Supports Administration’’, ‘‘func3 tion’’, and ‘‘Rehabilitation Services Administra4 tion’’ have the meanings given the terms in sec5 tion 596; 

6 (B) the term ‘‘NIDILRR’’ means the Na7 tional Institute on Disability, Independent Liv8 ing, and Rehabilitation Research of the Admin9 istration for Community Living of the Depart10 ment of Health and Human Services; and 

11 (C) the term ‘‘NIDRR’’ means the Na12 tional Institute on Disability and Rehabilitation 

13 Research of the Office of Special Education and 

14 Rehabilitative Services of the Department of 

15 Education. 

16 (2) TRANSFER OF FUNCTIONS.—There are 

17 transferred to the NIDILRR, all functions which the 

18 Director of the NIDRR exercised before the effective 

19 date of this section (including all related functions 

20 of any officer or employee of the NIDRR). 

21 (3) DETERMINATIONS OF CERTAIN FUNCTIONS

22 BY THE OFFICE OF MANAGEMENT AND BUDGET.— 

23 If necessary, the Office of Management and Budget 

24 shall make any determination of the functions that 

25 are transferred under paragraph (2). 


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1 (4) ADMINISTRATIVE MATTERS.— 

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

3 subparagraph (B), subsections (d) through (o) 

4 of section 596— 

5 (i) shall apply to the NIDRR and the 

6 Director of the NIDRR in the same man7 ner and to the same extent as those sub8 sections apply to the Rehabilitation Serv9 ices Administration and the Commissioner 

10 of that Administration; and 

11 (ii) shall apply to the NIDILRR and 

12 the Director of the NIDILRR in the same 

13 manner and to the same extent as those 

14 subsections apply to the Disability Employ15 ment Services and Supports Administra16 tion and the Commissioner of that Admin17 istration. 

18 (B) REFERENCES TO TRANSFERS.—For 

19 purposes of applying those subsections under 

20 subparagraph (A), references in those sub21 sections to a transfer shall be considered to 

22 refer to a transfer under paragraph (2) or a 

23 corresponding provision of this subsection. 

24 SEC. 598. TABLE OF CONTENTS. 

25 The table of contents in section 1(b) is amended— 


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1 (1) by striking the item relating to section 12 

2 and inserting the following: 

‘‘Sec. 12. Administration by the Secretary of Labor. 

‘‘Sec. 12A. Administration by the Secretary of Health and Human Services.’’; 

3 (2) by striking the item relating to section 14 

4 and inserting the following: 

‘‘Sec. 14. Evaluation by the Secretary of Labor. 

‘‘Sec. 14A. Evaluation by the Secretary of Health and Human Services.’’; 

5 (3) by striking the item relating to section 109 

6 and inserting the following: 

‘‘Sec. 109. Training and services for employers.’’; 

7 (4) by inserting after the item relating to sec8 tion 112 the following: 

‘‘Sec. 113. Additional technical assistance. 

‘‘Sec. 114. Pre-employment transition services.’’; 

9 (5) by striking the item relating to section 202 

10 and inserting the following: 

‘‘Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research.’’; 

11 (6) by striking the item relating to section 205 

12 and inserting the following: 

‘‘Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council. 

‘‘Sec. 206. Definition of covered school.’’; 

13 (7) by inserting after the item relating to sec14 tion 509 the following: 

‘‘Sec. 510. Establishment of standards for accessible medical diagnostic equipment. 

‘‘Sec. 511. Employment of individuals with significant disabilities at a subminimum wage.’’; 


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1 (8) by striking the items relating to part B of 

2 title VI and inserting the following: 

‘‘PART B—SUPPORTED EMPLOYMENT SERVICES

‘‘Sec. 621. Purpose. 

‘‘Sec. 622. Allotments. 

‘‘Sec. 623. Availability of services. 

‘‘Sec. 624. Eligibility. 

‘‘Sec. 625. State plan. 

‘‘Sec. 626. Restriction. 

‘‘Sec. 627. Savings provision. 

‘‘Sec. 628. Authorization of appropriations.’’; 

3 (9) in the items relating to title VII— 

4 (A)(i) by inserting after the item relating 

5 to section 701 the following: 

‘‘Sec. 701A. Independent Living Administration.’’; 

6 and 

7 (ii) by striking the item relating to section 

8 706 and inserting the following: 

‘‘Sec. 706. Responsibilities of the ILA Director.’’; 

9 (B) by inserting after the item relating to 

10 section 711 the following: 

‘‘Sec. 711A. Training and technical assistance.’’; 

11 and 

12 (C) by striking the items relating to sec13 tions 752 and 753 and inserting the following: 

‘‘Sec. 752. Training and technical assistance. 

‘‘Sec. 753. Program of grants. 

‘‘Sec. 754. Authorization of appropriations.’’; 

14 and 

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

‘‘TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR 

INDIVIDUALS WITH DISABILITIES 


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‘‘Sec. 801. Office of Disability Employment Policy, Services, and Supports. 

‘‘Sec. 802. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. 

‘‘Sec. 803. Public education campaigns about hiring individuals with disabilities.’’. 

1 TITLE VI—GENERAL 

2 PROVISIONS 

3 Subtitle A—Workforce Investment 

4 SEC. 601. PRIVACY. 

5 (a) SECTION 444 OF THE GENERAL EDUCATION

6 PROVISIONS ACT.—Nothing in this Act shall be construed 

7 to supersede the privacy protections afforded parents and 

8 students under section 444 of the General Education Pro9 visions Act (20 U.S.C. 1232g). 

10 (b) PROHIBITION ON DEVELOPMENT OF NATIONAL

11 DATABASE.— 

12 (1) IN GENERAL.—Nothing in this Act shall be 

13 construed to permit the development of a national 

14 database of personally identifiable information on in15 dividuals receiving services under title II. 

16 (2) LIMITATION.—Nothing in paragraph (1) 

17 shall be construed to prevent the proper administra18 tion of national programs under subtitles C and D 

19 of title II or to carry out program management ac20 tivities consistent with title II. 

21 SEC. 602. BUY-AMERICAN REQUIREMENTS. 

22 (a) COMPLIANCE WITH BUY AMERICAN ACT.—None 

23 of the funds made available under title II or III or under 


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1 the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be ex2 pended by an entity unless the entity agrees that in ex3 pending the funds the entity will comply with sections 

4 8301 through 8303 of title 41, United States Code (com5 monly known as the ‘‘Buy American Act’’). 

6 (b) SENSE OF THE CONGRESS; REQUIREMENT RE7 GARDING NOTICE.— 

8 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

9 AND PRODUCTS.—In the case of any equipment or 

10 product that may be authorized to be purchased 

11 with financial assistance provided using funds made 

12 available under title II or III or under the Wagner13 Peyser Act (29 U.S.C. 49 et seq.), it is the sense of 

14 Congress that entities receiving the assistance 

15 should, in expending the assistance, purchase only 

16 American-made equipment and products. 

17 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— 

18 In providing financial assistance using funds made 

19 available under title II or III or under the Wagner20 Peyser Act, the head of each Federal agency shall 

21 provide to each recipient of the assistance a notice 

22 describing the statement made in paragraph (1) by 

23 Congress. 

24 (c) PROHIBITION OF CONTRACTS WITH PERSONS

25 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.— 


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1 If it has been finally determined by a court or Federal 

2 agency that any person intentionally affixed a label bear3 ing a ‘‘Made in America’’ inscription, or any inscription 

4 with the same meaning, to any product sold in or shipped 

5 to the United States that is not made in the United 

6 States, the person shall be ineligible to receive any con7 tract or subcontract made with funds made available 

8 under title II or III or under the Wagner-Peyser Act (29 

9 U.S.C. 49 et seq.), pursuant to the debarment, suspension, 

10 and ineligibility procedures described in sections 9.400 

11 through 9.409 of title 48, Code of Federal Regulations, 

12 as such sections were in effect on August 7, 1998, or pur13 suant to any successor regulations. 

14 SEC. 603. TRANSITION PROVISIONS. 

15 (a) WORKFORCE DEVELOPMENT SYSTEMS.—The 

16 Secretary of Labor and the Secretary of Education shall 

17 take such actions as the Secretaries determine to be ap18 propriate to provide for the orderly transition from any 

19 authority under the Workforce Investment Act of 1998 

20 (29 U.S.C. 2801 et seq.) to any authority under title I. 

21 Such actions shall include the provision of guidance re22 lated to unified state planning and the performance ac23 countability system described under such title. 

24 (b) WORKFORCE INVESTMENT ACTIVITIES.—The 

25 Secretary of Labor shall take such actions as the SecVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 retary determines to be appropriate to provide for the or2 derly transition from any authority under the Workforce 

3 Investment Act of 1998 to any authority under title II. 

4 (c) ADULT EDUCATION AND LITERACY PROGRAMS.— 

5 The Secretary of Education shall take such actions as the 

6 Secretary determines to be appropriate to provide for the 

7 orderly transition from any authority under the Adult 

8 Education and Family Literacy Act (20 U.S.C. 9201 et 

9 seq.), as in effect on the day before the date of enactment 

10 of this Act, to any authority under the Adult Education 

11 and Family Literacy Act, as amended by this Act. 

12 (d) EMPLOYMENT SERVICES ACTIVITIES.—The Sec13 retary of Labor shall take such actions as the Secretary 

14 determines to be appropriate to provide for the orderly 

15 transition from any authority under the Wagner-Peyser 

16 Act (29 U.S.C. 49 et seq.), as in effect on the day before 

17 the date of enactment of this Act, to any authority under 

18 the Wagner-Peyser Act, as amended by this Act. 

19 (e) VOCATIONAL REHABILITATION PROGRAMS.—The 

20 Secretary of Education shall take such actions as the Sec21 retary determines to be appropriate to provide for the or22 derly transition from any authority under the Rehabilita23 tion Act of 1973 (29 U.S.C. 701 et seq.), as in effect on 

24 the day before the date of enactment of this Act, to any 


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1 authority under the Rehabilitation Act of 1973, as amend2 ed by this Act. 

3 (f) REGULATIONS.— 

4 (1) PROPOSED REGULATIONS.—Not later than 

5 180 days after the date of enactment of this Act, the 

6 Secretary of Labor and the Secretary of Education, 

7 as appropriate, shall develop and publish in the Fed8 eral Register proposed regulations relating to the 

9 transition to, and implementation of, this Act. 

10 (2) FINAL REGULATIONS.—Not later than 18 

11 months after the date of enactment of this Act, the 

12 Secretary of Labor and the Secretary of Education, 

13 as appropriate, shall develop and publish in the Fed14 eral Register final regulations relating to the transi15 tion to, and implementation of, this Act. 

16 (g) EXPENDITURE OF FUNDS DURING TRANSI17 TION.— 

18 (1) IN GENERAL.—Subject to paragraph (2) 

19 and in accordance with regulations developed under 

20 subsection (f), States, grant recipients, administra21 tive entities, and other recipients of financial assist22 ance under the Workforce Investment Act of 1998 

23 may expend funds received under such Act, prior to 

24 July 1, 2015, in order to plan and implement pro25 grams and activities authorized under this Act. 


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1 (2) ADDITIONAL REQUIREMENTS.—Not more 

2 than 2 percent of any allotment to any State from 

3 amounts appropriated under the Workforce Invest4 ment Act of 1998 for fiscal year 2014 may be made 

5 available to carry out activities authorized under 

6 paragraph (1) and not less than 50 percent of any 

7 amount used to carry out activities authorized under 

8 paragraph (1) shall be made available to local enti9 ties for the purposes of the activities described in 

10 such paragraph. 

11 SEC. 604. EFFECTIVE DATES. 

12 (a) IN GENERAL.—Except as otherwise provided in 

13 this Act, this Act, and the amendments made by this Act, 

14 take effect on the date of enactment of this Act. 

15 (b) EFFECTIVE DATE FOR WORKFORCE DEVELOP16 MENT PERFORMANCE ACCOUNTABILITY SYSTEM.—The 

17 requirements of section 131 shall apply beginning on the 

18 first day of the second full program year after the date 

19 of enactment of this Act. 


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1 Subtitle B—Amendments to Other 

2 Laws 

3 SEC. 611. REPEAL OF THE WORKFORCE INVESTMENT ACT 

4 OF 1998. 

5 (a) YOUTH OPPORTUNITY GRANTS.—Section 169 of 

6 the Workforce Investment Act of 1998 (29 U.S.C. 2914) 

7 is repealed. 

8 (b) TWENTY-FIRST CENTURY WORKFORCE COMMIS9 SION.—Subtitle C of title III of the Workforce Investment 

10 Act of 1998 (29 U.S.C. 2701 note) is repealed. 

11 (c) WORKFORCE INVESTMENT ACT OF 1998.—The 

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

13 seq.) is repealed. 

14 SEC. 612. PREPARATION AND SUBMISSION OF CON15 FORMING AMENDMENTS. 

16 (a) PREPARATION.—After consultation with the ap17 propriate committees of Congress and the Director of the 

18 Office of Management and Budget, the Secretary of Labor 

19 and the Secretary of Education, as appropriate, shall pre20 pare recommended legislation containing technical and 

21 conforming amendments to reflect the changes made by 

22 titles I through V. 

23 (b) SUBMISSION TO CONGRESS.—Not later than 6 

24 months after the date of enactment of this Act, the Sec25 retary of Labor and the Secretary of Education, as approVerDate Mar 15 2010 22:31 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\S1356.IS S1356

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1 priate, shall submit to Congress the recommended legisla2 tion referred to in subsection (a). 

3 SEC. 613. WORKFORCE INVESTMENT REFERENCES AND 

4 CONFORMING AMENDMENTS. 

5 (a) WORKFORCE INVESTMENT ACT OF 1998 REF6 ERENCES.—Except as otherwise specified, a reference in 

7 a Federal law to a provision of the Workforce Investment 

8 Act of 1998 (29 U.S.C. 2801 et seq.) shall be deemed to 

9 refer to the corresponding provision of this Act. 

10 (b) WAGNER-PEYSER ACT REFERENCES.—Except as 

11 otherwise specified, a reference in a Federal law to a provi12 sion of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall 

13 be deemed to refer to the corresponding provision of such 

14 Act, as amended by this Act. 

15 SEC. 614. DISABILITY-RELATED REFERENCES AND CON16 FORMING AMENDMENTS. 

17 Except as otherwise specified, a reference in a Fed18 eral law to a provision of the Rehabilitation Act of 1973 

19 (29 U.S.C. 701 et seq.) shall be deemed to refer to the 

20 corresponding provision of such Act, as amended by this 

21 Act. 

Æ 


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