II 

113TH CONGRESS 

2D SESSION S. 1911 

To reform and strengthen the workforce investment system of the Nation 

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

competitive in the 21st century, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2014 

Mr. SCOTT (for himself, Mr. BURR, and Mr. COBURN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To reform and strengthen the workforce investment system 

of the Nation to put Americans back to work and make 

the United States more competitive in the 21st century, 

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. 

4 This Act may be cited as the ‘‘SKILLS Act’’ or the 

5 ‘‘Supporting Knowledge and Investing in Lifelong Skills 

6 Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Application to fiscal years. 

TITLE I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT 

OF 1998 

Subtitle A—Workforce Investment Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

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

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

Sec. 110. General authorization. 

Sec. 111. State allotments. 

Sec. 112. Within State allocations. 

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

Sec. 114. Performance accountability system. 

Sec. 115. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 116. Job Corps purposes. 

Sec. 117. Job Corps definitions. 

Sec. 118. Individuals eligible for the Job Corps. 

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

Sec. 120. Job Corps centers. 

Sec. 121. Program activities. 

Sec. 122. Counseling and job placement. 

Sec. 123. Support. 

Sec. 124. Operations. 

Sec. 125. Community participation. 

Sec. 126. Workforce councils. 

Sec. 127. Technical assistance. 

Sec. 128. Special provisions. 

Sec. 129. Performance accountability management. 

Subtitle D—National Programs 

Sec. 130. Technical assistance. 

Sec. 131. Evaluations. 

Subtitle E—Administration 

Sec. 132. Requirements and restrictions. 

Sec. 133. Prompt allocation of funds. 

Sec. 134. Fiscal controls; sanctions. 

Sec. 135. Reports to Congress. 

Sec. 136. Administrative provisions. 


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Sec. 137. State legislative authority. 

Sec. 138. General program requirements. 

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

Subtitle F—State Unified Plan 

Sec. 140. State unified plan. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

Sec. 201. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

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

TITLE IV—REPEALS AND CONFORMING AMENDMENTS 

Sec. 401. Repeals. 

Sec. 402. Amendment to other laws. 

Sec. 403. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation Services Administration. 

Sec. 503. Definitions. 

Sec. 504. Carryover. 

Sec. 505. Traditionally underserved populations. 

Sec. 506. State plan. 

Sec. 507. Scope of services. 

Sec. 508. Standards and indicators. 

Sec. 509. Expenditure of certain amounts. 

Sec. 510. Collaboration with industry. 

Sec. 511. Reservation for expanded transition services. 

Sec. 512. Client assistance program. 

Sec. 513. Research. 

Sec. 514. Title III amendments. 

Sec. 515. Repeal of title VI. 

Sec. 516. Title VII general provisions. 

Sec. 517. Authorizations of appropriations. 

Sec. 518. Conforming amendments. 

TITLE VI—STUDIES BY THE COMPTROLLER GENERAL 

Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants 

before accessing WIA funds. 

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

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the amendment or repeal shall be considered to be 

3 made to a section or other provision of the Workforce In4 vestment Act of 1998 (29 U.S.C. 2801 et seq.). 

5 SEC. 4. APPLICATION TO FISCAL YEARS. 

6 Except as otherwise provided, this Act and the 

7 amendments made by this Act shall apply with respect to 

8 fiscal year 2015 and succeeding fiscal years. 

9 TITLE I—AMENDMENTS TO THE 

10 WORKFORCE INVESTMENT 

11 ACT OF 1998 

12 Subtitle A—Workforce Investment 

13 Definitions 

14 SEC. 101. DEFINITIONS. 

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

16 (1) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) ADULT EDUCATION AND FAMILY LITERACY

19 EDUCATION ACTIVITIES.—The term ‘adult education 

20 and family literacy education activities’ has the 

21 meaning given the term in section 203.’’; 

22 (2) by striking paragraphs (13) and (24); 

23 (3) by redesignating paragraphs (1) through 

24 (12) as paragraphs (3) through (14), and paraVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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

2 through (24), respectively; 

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

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

6 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac7 crued expenditures’ means— 

8 ‘‘(A) charges incurred by recipients of 

9 funds under this title for a given period requir10 ing the provision of funds for goods or other 

11 tangible property received; 

12 ‘‘(B) charges incurred for services per13 formed by employees, contractors, subgrantees, 

14 subcontractors, and other payees; and 

15 ‘‘(C) other amounts becoming owed, under 

16 programs assisted under this title, for which no 

17 current services or performance is required, 

18 such as amounts for annuities, insurance 

19 claims, and other benefit payments. 

20 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad21 ministrative costs’ means expenditures incurred by 

22 State boards and local boards, direct recipients (in23 cluding State grant recipients under subtitle B and 

24 recipients of awards under subtitles C and D), local 

25 grant recipients, local fiscal agents or local grant 


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1 subrecipients, and one-stop operators in the per2 formance of administrative functions and in carrying 

3 out activities under this title that are not related to 

4 the direct provision of workforce investment activi5 ties (including services to participants and employ6 ers). Such costs include both personnel and non-per7 sonnel expenditures and both direct and indirect ex8 penditures.’’; 

9 (6) in paragraph (3) (as so redesignated), by 

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

11 inserting ‘‘The’’; 

12 (7) by amending paragraph (5) (as so redesig13 nated) to read as follows: 

14 ‘‘(5) AREA CAREER AND TECHNICAL EDU15 CATION SCHOOL.—The term ‘area career and tech16 nical education school’ has the meaning given the 

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

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

19 2302(3)).’’; 

20 (8) in paragraph (6) (as so redesignated), by 

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

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

23 (9) in paragraph (10)(C) (as so redesignated), 

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

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


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1 the cost of training, as determined by the local 

2 board involved (or, in the case of an employer in 

3 multiple local areas in the State, as determined by 

4 the Governor), taking into account the size of the 

5 employer and such other factors as the local board 

6 or Governor, respectively, determines to be appro7 priate’’; 

8 (10) in paragraph (11) (as so redesignated)— 

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

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

11 121(e)’’; 

12 (B) in subparagraph (B)(iii)— 

13 (i) by striking ‘‘134(d)(4)’’ and insert14 ing ‘‘134(c)(4)’’; and 

15 (ii) by striking ‘‘intensive services de16 scribed in section 134(d)(3)’’ and inserting 

17 ‘‘work ready services described in section 

18 134(c)(2)’’; 

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

20 after the semicolon; 

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

22 period and inserting ‘‘; or’’; and 

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

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

25 Armed Forces on active duty for a period of 


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1 more than 30 days (as defined in section 

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

3 has experienced a loss of employment as a di4 rect result of relocation to accommodate a per5 manent change in duty station of such member; 

6 or 

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

8 Armed Forces on active duty (as defined in sec9 tion 101(d)(1) of title 10, United States Code) 

10 who meets the criteria described in paragraph 

11 (12)(B).’’; 

12 (11) in paragraph (12)(A) (as redesignated)— 

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

14 and inserting ‘‘or’’; 

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

16 ‘‘(A)(i)’’; and 

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

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

19 Armed Forces on active duty for a period of 

20 more than 30 days (as defined in section 

21 101(d)(2) of title 10, United States Code) 

22 whose family income is significantly reduced be23 cause of a deployment (as defined in section 

24 991(b) of title 10, United States Code, or pur25 suant to paragraph (4) of such section), a call 


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1 or order to active duty pursuant to a provision 

2 of law referred to in section 101(a)(13)(B) of 

3 title 10, United States Code, a permanent 

4 change of station, or the service-connected (as 

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

6 States Code) death or disability of the member; 

7 and’’; 

8 (12) in paragraph (13) (as so redesignated), by 

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

10 appears; 

11 (13) in paragraph (14) (as so redesignated)— 

12 (A) in subparagraph (A), by striking ‘‘sec13 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

14 (B) by striking subparagraph (B), and in15 serting the following: 

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

17 who is identified or awarded a contract as de18 scribed in section 117(d)(5)(C); or’’; 

19 (C) by striking subparagraph (C); and 

20 (D) by redesignating subparagraph (D) as 

21 subparagraph (C); 

22 (14) in paragraph (15) (as so redesignated), by 

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

24 ‘‘individual’’; 


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1 (15) in paragraph (20), by striking ‘‘The’’ and 

2 inserting ‘‘Subject to section 116(a)(1)(E), the’’; 

3 (16) in paragraph (25)— 

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

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

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

7 equivalent period;’’; 

8 (B) by redesignating subparagraphs (D) 

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

10 respectively; and 

11 (C) by inserting after subparagraph (C) 

12 the following: 

13 ‘‘(D) receives or is eligible to receive a free 

14 or reduced price lunch under the Richard B. 

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

16 1751 et seq.);’’; 

17 (17) in paragraph (32), by striking ‘‘the Repub18 lic of the Marshall Islands, the Federated States of 

19 Micronesia,’’; 

20 (18) by amending paragraph (33) to read as 

21 follows: 

22 ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term ‘out23 of-school youth’ means— 

24 ‘‘(A) an at-risk youth who is a school drop25 out; or 


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

2 secondary school diploma or its recognized 

3 equivalent but is basic skills deficient, unem4 ployed, or underemployed.’’; 

5 (19) in paragraph (38), by striking 

6 ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; 

7 (20) in paragraph (41), by striking ‘‘, and the 

8 term means such Secretary for purposes of section 

9 503’’; 

10 (21) in paragraph (43), by striking ‘‘clause (iii) 

11 or (v) of section 136(b)(3)(A)’’ and inserting ‘‘sec12 tion 136(b)(3)(A)(iii)’’; 

13 (22) by amending paragraph (49) to read as 

14 follows: 

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

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

17 title 5, United States Code.’’; 

18 (23) by amending paragraph (50) to read as 

19 follows: 

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

21 The term ‘career and technical education’ has the 

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

23 Perkins Career and Technical Education Act of 

24 2006 (20 U.S.C. 2302).’’; 


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

2 youth activity’’; and 

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

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

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

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

8 than age 24; 

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

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

11 of the following: 

12 ‘‘(i) A secondary school dropout. 

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

14 youth aging out of foster care). 

15 ‘‘(iii) A youth offender. 

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

17 with a disability. 

18 ‘‘(v) A migrant youth. 

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

20 The term ‘industry or sector partnership’ means a 

21 partnership of— 

22 ‘‘(A) a State board or local board; and 

23 ‘‘(B) one or more industry or sector orga24 nizations, and other entities, that have the ca25 pability to help the State board or local board 


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1 determine the immediate and long-term skilled 

2 workforce needs of in-demand industries or sec3 tors and other occupations important to the 

4 State or local economy, respectively. 

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

6 The term ‘industry-recognized credential’ means a 

7 credential that is sought or accepted by companies 

8 within the industry sector involved, across multiple 

9 States, as recognized, preferred, or required for re10 cruitment, screening, or hiring and is awarded for 

11 completion of a program listed or identified under 

12 subsection (d) or (i) of section 122, for the local 

13 area involved. 

14 ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT

15 STRATEGY.—The term ‘pay-for-performance contract 

16 strategy’ means a strategy in which a pay-for-per17 formance contract to provide a program of employ18 ment and training activities incorporates provisions 

19 regarding— 

20 ‘‘(A) the core indicators of performance de21 scribed in subclauses (I) through (IV) and (VI) 

22 of section 136(b)(2)(A)(i); 

23 ‘‘(B) a fixed amount that will be paid to 

24 an eligible provider of such employment and 

25 training activities for each program participant 


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1 who, within a defined timetable, achieves the 

2 agreed-to levels of performance based upon the 

3 core indicators of performance described in sub4 paragraph (A), and may include a bonus pay5 ment to such provider, which may be used to 

6 expand the capacity of such provider; 

7 ‘‘(C) the ability for an eligible provider to 

8 recoup the costs of providing the activities for 

9 a program participant who has not achieved 

10 those levels, but for whom the provider is able 

11 to demonstrate that such participant gained 

12 specific competencies required for education 

13 and career advancement that are, where fea14 sible, tied to industry-recognized credentials 

15 and related standards, or State licensing re16 quirements; and 

17 ‘‘(D) the ability for an eligible provider 

18 that does not meet the requirements under sec19 tion 122(a)(2) to participate in such pay-for20 performance contract and to not be required to 

21 report on the performance and cost information 

22 required under section 122(d). 

23 ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN24 TIAL.—The term ‘recognized postsecondary creden25 tial’ means a credential awarded by a provider of 


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1 training services or postsecondary educational insti2 tution based on completion of all requirements for a 

3 program of study, including coursework or tests or 

4 other performance evaluations. The term means an 

5 industry-recognized credential, a certificate of com6 pletion of a registered apprenticeship program, or an 

7 associate or baccalaureate degree from an institution 

8 described in section 122(a)(2)(A)(i). 

9 ‘‘(57) REGISTERED APPRENTICESHIP PRO10 GRAM.—The term ‘registered apprenticeship pro11 gram’ means a program described in section 

12 122(a)(2)(B).’’. 

13 Subtitle B—Statewide and Local 

14 Workforce Investment Systems 

15 SEC. 102. PURPOSE. 

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

17 at the end the following: ‘‘It is also the purpose of this 

18 subtitle to provide workforce investment activities in a 

19 manner that enhances employer engagement, promotes 

20 customer choices in the selection of training services, and 

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

22 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

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

24 (1) in subsection (b)— 

25 (A) in paragraph (1)— 


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1 (i) by striking subparagraph (B); 

2 (ii) by redesignating subparagraph 

3 (C) as subparagraph (B); and 

4 (iii) in subparagraph (B) (as so redes5 ignated)— 

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

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

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

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

10 read as follows: 

11 ‘‘(II) represent businesses, in12 cluding large and small businesses, 

13 each of which has immediate and 

14 long-term employment opportunities 

15 in an in-demand industry or other oc16 cupation important to the State econ17 omy; and’’; 

18 (III) by striking clause (iii) and 

19 inserting the following: 

20 ‘‘(iii) a State agency official respon21 sible for economic development; and’’; 

22 (IV) by striking clauses (iv) 

23 through (vi); 

24 (V) by amending clause (vii) to 

25 read as follows: 


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1 ‘‘(vii) such other representatives and 

2 State agency officials as the Governor may 

3 designate, including— 

4 ‘‘(I) members of the State legis5 lature; 

6 ‘‘(II) representatives of individ7 uals and organizations that have expe8 rience with respect to youth activities; 

9 ‘‘(III) representatives of individ10 uals and organizations that have expe11 rience and expertise in the delivery of 

12 workforce investment activities, in13 cluding chief executive officers of com14 munity colleges and community-based 

15 organizations within the State; 

16 ‘‘(IV) representatives of the lead 

17 State agency officials with responsi18 bility for the programs and activities 

19 that are described in section 121(b) 

20 and carried out by one-stop partners; 

21 or 

22 ‘‘(V) representatives of veterans 

23 service organizations.’’; and 

24 (VI) by redesignating clause (vii) 

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


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

2 follows: 

‘‘(3) MAJORITY.—A 2 3 ⁄3 majority of the mem4 bers of the board shall be representatives described 

5 in paragraph (1)(B)(i).’’; 

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

7 and inserting ‘‘(b)(1)(B)(i)’’; 

8 (3) by amending subsection (d) to read as fol9 lows: 

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

11 Governor of the State as follows: 

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

13 112, the State board shall develop a State plan. 

14 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

15 SYSTEM.—The State board shall review and develop 

16 statewide policies and programs in the State in a 

17 manner that supports a comprehensive statewide 

18 workforce development system that will result in 

19 meeting the workforce needs of the State and its 

20 local areas. Such review shall include determining 

21 whether the State should consolidate additional 

22 amounts for additional activities or programs into 

23 the Workforce Investment Fund in accordance with 

24 section 501(e). 


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1 ‘‘(3) WORKFORCE AND LABOR MARKET INFOR2 MATION SYSTEM.—The State board shall develop a 

3 statewide workforce and labor market information 

4 system described in section 15(e) of the Wagner5 Peyser Act (29 U.S.C. 49l–2(e)), which may include 

6 using information collected under Federal law other 

7 than this Act by the State economic development en8 tity or a related entity in developing such system. 

9 ‘‘(4) EMPLOYER ENGAGEMENT.—The State 

10 board shall develop strategies, across local areas, 

11 that meet the needs of employers and support eco12 nomic growth in the State by enhancing communica13 tion, coordination, and collaboration among employ14 ers, economic development entities, and service pro15 viders. 

16 ‘‘(5) DESIGNATION OF LOCAL AREAS.—The 

17 State board shall designate local areas as required 

18 under section 116. 

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

20 board shall identify and disseminate information on 

21 best practices for effective operation of one-stop cen22 ters, including use of innovative business outreach, 

23 partnerships, and service delivery strategies. 

24 ‘‘(7) PROGRAM OVERSIGHT.—The State board 

25 shall conduct the following program oversight: 


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1 ‘‘(A) Reviewing and approving local plans 

2 under section 118. 

3 ‘‘(B) Ensuring the appropriate use and 

4 management of the funds provided for State 

5 employment and training activities authorized 

6 under section 134. 

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

8 Secretary described in section 136(d). 

9 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS10 URES.—The State board shall develop and ensure 

11 continuous improvement of comprehensive State per12 formance measures, including State adjusted levels 

13 of performance, as described under section 136(b).’’; 

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

15 subsection (f) as subsection (e); 

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

18 ‘‘vote’’; 

19 (6) by inserting after subsection (e) (as so re20 designated), the following: 

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

22 assist in carrying out the functions described in subsection 

23 (d).’’; and 

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

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


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1 SEC. 104. STATE PLAN. 

2 Section 112 (29 U.S.C. 2822)— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘127 or’’; and 

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

7 (2) in subsection (b)— 

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

9 follows: 

10 ‘‘(4) information describing— 

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

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

13 workforce needs of in-demand industries, small 

14 businesses, and other occupations important to 

15 the State economy; 

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

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

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

21 follows: 

22 ‘‘(7) a description of the State criteria for de23 termining the eligibility of training services providers 

24 in accordance with section 122, including how the 

25 State will take into account the performance of pro26 viders and whether the training services relate to inVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 demand industries and other occupations important 

2 to the State economy;’’; 

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

4 follows: 

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

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

7 avoid duplication among, the programs and activities 

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

9 ‘‘(B) a description of and an assurance regard10 ing common data collection and reporting processes 

11 used for the programs and activities described in 

12 subparagraph (A), which are carried out by one-stop 

13 partners, including— 

14 ‘‘(i) an assurance that such processes use 

15 quarterly wage records for performance meas16 ures described in section 136(b)(2)(A) that are 

17 applicable to such programs or activities; or 

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

19 used for the performance measures, an identi20 fication of the barriers to using such wage 

21 records and a description of how the State will 

22 address such barriers within 1 year of the ap23 proval of the plan;’’; 


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1 (D) in paragraph (9), by striking ‘‘, includ2 ing comment by representatives of businesses 

3 and representatives of labor organizations,’’; 

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

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

6 section 132’’; 

7 (F) by striking paragraph (12); 

8 (G) by redesignating paragraphs (13) 

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

10 respectively; 

11 (H) in paragraph (12) (as so redesig12 nated), by striking ‘‘111(f)’’ and inserting 

13 ‘‘111(e)’’; 

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

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

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

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

18 ‘‘116(a)(3)’’; 

19 (K) in paragraph (16) (as so redesig20 nated)— 

21 (i) in subparagraph (A)— 

22 (I) in clause (ii)— 

23 (aa) by striking ‘‘to dis24 located workers’’; and 


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•S 1911 IS

1 (bb) by inserting ‘‘and addi2 tional assistance’’ after ‘‘rapid 

3 response activities’’; 

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

5 ‘‘134(d)(4)’’ and inserting 

6 ‘‘134(c)(4)’’; 

7 (III) by striking ‘‘and’’ at the 

8 end of clause (iii); 

9 (IV) by amending clause (iv) to 

10 read as follows: 

11 ‘‘(iv) how the State will serve the em12 ployment and training needs of dislocated 

13 workers (including displaced homemakers), 

14 low-income individuals (including recipients 

15 of public assistance such as supplemental 

16 nutrition assistance program benefits pur17 suant to the Food and Nutrition Act of 

18 2008 (7 U.S.C. 2011 et seq.)), long-term 

19 unemployed individuals (including individ20 uals who have exhausted entitlement to 

21 Federal and State unemployment com22 pensation), English learners, homeless in23 dividuals, individuals training for nontradi24 tional employment, youth (including out-of25 school youth and at-risk youth), older 


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•S 1911 IS

1 workers, ex-offenders, migrant and sea2 sonal farmworkers, refugees and entrants, 

3 veterans (including disabled and homeless 

4 veterans), and Native Americans; and’’; 

5 and 

6 (V) by adding at the end the fol7 lowing new clause: 

8 ‘‘(v) how the State will— 

9 ‘‘(I) consistent with section 188 

10 and Executive Order No. 13217 (42 

11 U.S.C. 12131 note), serve the employ12 ment and training needs of individuals 

13 with disabilities; and 

14 ‘‘(II) consistent with sections 504 

15 and 508 of the Rehabilitation Act of 

16 1973 (29 U.S.C. 794, 794d), include 

17 the provision of outreach, intake, as18 sessments, and service delivery, the 

19 development of performance measures, 

20 the training of staff, and other as21 pects of accessibility for individuals 

22 with disabilities to programs and serv23 ices under this subtitle;’’; and 

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

25 ‘‘to the extent practicable’’ and inserting 


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•S 1911 IS

1 ‘‘in accordance with the requirements of 

2 the Jobs for Veterans Act (Public Law 

3 107–288) and the amendments made by 

4 such Act’’; and 

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

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

9 ‘‘(A) to more fully engage employers, in10 cluding small businesses and employers in in11 demand industries and occupations important 

12 to the State economy; 

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

14 State; and 

15 ‘‘(C) to better coordinate workforce devel16 opment programs with economic development 

17 activities; 

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

19 convene (or help to convene) industry or sector part20 nerships that lead to collaborative planning, resource 

21 alignment, and training efforts across a targeted 

22 cluster of multiple firms for a range of workers em23 ployed or potentially employed by the industry or 

24 sector— 


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1 ‘‘(A) to encourage industry growth and 

2 competitiveness and to improve worker training, 

3 retention, and advancement in the industry or 

4 sector; 

5 ‘‘(B) to address the immediate and long6 term skilled workforce needs of in-demand in7 dustries, small businesses, and other occupa8 tions important to the State economy; and 

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

10 and across industries and sectors; 

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

12 technology, to facilitate access to services in remote 

13 areas, which may be used throughout the State; 

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

15 assistance to be provided by the State for encour16 aging regional cooperation within the State and 

17 across State borders, as appropriate; 

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

19 taken by the State to foster communication, coordi20 nation, and partnerships with nonprofit organiza21 tions (including public libraries, community, faith22 based, and philanthropic organizations) that provide 

23 employment-related, training, and complementary 

24 services, to enhance the quality and comprehensiveVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 ness of services available to participants under this 

2 title; 

3 ‘‘(22) a description of the process and method4 ology for determining— 

5 ‘‘(A) one-stop partner program contribu6 tions for the costs of infrastructure of one-stop 

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

8 ‘‘(B) the formula for allocating such infra9 structure funds to local areas under section 

10 121(h)(3); 

11 ‘‘(23) a description of the strategies and serv12 ices that will be used in the State to assist at-risk 

13 youth and out-of-school youth in acquiring the edu14 cation and skills, credentials (including recognized 

15 postsecondary credentials, such as industry-recog16 nized credentials), and employment experience to 

17 succeed in the labor market, including— 

18 ‘‘(A) training and internships in in-demand 

19 industries or occupations important to the State 

20 and local economy; 

21 ‘‘(B) dropout recovery activities that are 

22 designed to lead to the attainment of a regular 

23 secondary school diploma or its recognized 

24 equivalent, or other State-recognized equivalent 


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1 (including recognized alternative standards for 

2 individuals with disabilities); and 

3 ‘‘(C) activities combining remediation of 

4 academic skills, work readiness training, and 

5 work experience, and including linkages to post6 secondary education and training and career7 ladder employment; and 

8 ‘‘(24) a description of— 

9 ‘‘(A) how the State will furnish employ10 ment, training, including training in advanced 

11 manufacturing, supportive, and placement serv12 ices to veterans, including disabled and home13 less veterans; 

14 ‘‘(B) the strategies and services that will 

15 be used in the State to assist in and expedite 

16 reintegration of homeless veterans into the 

17 labor force; and 

18 ‘‘(C) the veterans population to be served 

19 in the State.’’; 

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

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

22 and inserting ‘‘period, that the plan is inconsistent 

23 with the provisions of this title.’’; and 

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

25 inserting ‘‘3-year’’. 


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1 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

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

3 (1) in subsection (a)— 

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

5 follows: 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) PROCESS.—In order to receive an al8 lotment under section 132, a State, through the 

9 State board, shall establish a process to des10 ignate local workforce investment areas within 

11 the State. Such process shall— 

12 ‘‘(i) support the statewide workforce 

13 development system developed under sec14 tion 111(d)(2), enabling the system to 

15 meet the workforce needs of the State and 

16 its local areas; 

17 ‘‘(ii) include consultation, prior to the 

18 designation, with chief elected officials; 

19 ‘‘(iii) include consideration of com20 ments received on the designation through 

21 the public comment process as described in 

22 section 112(b)(9); and 

23 ‘‘(iv) require the submission of an ap24 plication for approval under subparagraph 

25 (B). 


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1 ‘‘(B) APPLICATION.—To obtain designa2 tion of a local area under this paragraph, a 

3 local or regional board (or consortia of local or 

4 regional boards) seeking to take responsibility 

5 for the area under this Act shall submit an ap6 plication to a State board at such time, in such 

7 manner, and containing such information as the 

8 State board may require, including— 

9 ‘‘(i) a description of the local area, in10 cluding the population that will be served 

11 by the local area, and the education and 

12 training needs of its employers and work13 ers; 

14 ‘‘(ii) a description of how the local 

15 area is consistent or aligned with— 

16 ‘‘(I) service delivery areas (as de17 termined by the State); 

18 ‘‘(II) labor market areas; and 

19 ‘‘(III) economic development re20 gions; 

21 ‘‘(iii) a description of the eligible pro22 viders of education and training, including 

23 postsecondary educational institutions such 

24 as community colleges, located in the local 


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•S 1911 IS

1 area and available to meet the needs of the 

2 local workforce; 

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

4 individuals will need to travel to receive 

5 services provided in such local area; and 

6 ‘‘(v) any other criteria that the State 

7 board may require. 

8 ‘‘(C) PRIORITY.—In designating local 

9 areas under this paragraph, a State board shall 

10 give priority consideration to an area proposed 

11 by an applicant demonstrating that a designa12 tion as a local area under this paragraph will 

13 result in the reduction of overlapping service 

14 delivery areas, local market areas, or economic 

15 development regions. 

16 ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A 

17 State may designate an area proposed by an 

18 applicant as a local area under this paragraph 

19 for a period not to exceed 3 years. 

20 ‘‘(E) REFERENCES.—For purposes of this 

21 Act, a reference to a local area— 

22 ‘‘(i) used with respect to a geographic 

23 area, refers to an area designated under 

24 this paragraph; and 


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•S 1911 IS

1 ‘‘(ii) used with respect to an entity, 

2 refers to the applicant.’’; 

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

4 follows: 

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

6 shall, if requested by the Governor of a State, pro7 vide the State with technical assistance in making 

8 the determinations required under paragraph (1). 

9 The Secretary shall not issue regulations governing 

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

11 (C) by striking paragraph (3); 

12 (D) by striking paragraph (4); 

13 (E) by redesignating paragraph (5) as 

14 paragraph (3); and 

15 (F) in paragraph (3) (as so redesignated), 

16 by striking ‘‘(2) or (3)’’ both places it appears 

17 and inserting ‘‘(1)’’; 

18 (2) by amending subsection (b) to read as fol19 lows: 

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

21 (a), the State board of a State may designate the State 

22 as a single State local area for the purposes of this title.’’; 

23 and 

24 (3) in subsection (c)— 


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•S 1911 IS

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

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

3 boards for the designated region to prepare a 

4 single regional plan that incorporates the ele5 ments of the local plan under section 118 and 

6 that is submitted and approved in lieu of sepa7 rate local plans under such section.’’; and 

8 (B) in paragraph (2), by striking ‘‘employ9 ment statistics’’ and inserting ‘‘workforce and 

10 labor market information’’. 

11 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

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

13 (1) in subsection (b)— 

14 (A) in paragraph (2)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘include—’’ and 

17 all that follows through ‘‘representa18 tives’’ and inserting ‘‘include rep19 resentatives’’; 

20 (II) by striking clauses (ii) 

21 through (vi); 

22 (III) by redesignating subclauses 

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

24 through (iii), respectively (and by 


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•S 1911 IS

1 moving the margins of such clauses 2 

2 ems to the left); 

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

4 redesignated) and inserting the fol5 lowing: 

6 ‘‘(ii) represent businesses, including 

7 large and small businesses, each of which 

8 has immediate and long-term employment 

9 opportunities in an in-demand industry or 

10 other occupation important to the local 

11 economy; and’’; and 

12 (V) by striking the semicolon at 

13 the end of clause (iii) (as so redesig14 nated) and inserting ‘‘; and’’; and 

15 (ii) by amending subparagraph (B) to 

16 read as follows: 

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

18 representatives of entities as the chief elected 

19 official in the local area may determine to be 

20 appropriate, including— 

21 ‘‘(i) the superintendent or other em22 ployee of the local educational agency who 

23 has primary responsibility for secondary 

24 education, the presidents or chief executive 

25 officers of postsecondary educational instiVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 tutions (including a community college, 

2 where such an entity exists), or adminis3 trators of local entities providing adult 

4 education and family literacy education ac5 tivities; 

6 ‘‘(ii) representatives of community7 based organizations (including organiza8 tions representing individuals with disabil9 ities and veterans, for a local area in which 

10 such organizations are present); or 

11 ‘‘(iii) representatives of veterans serv12 ice organizations.’’; 

13 (B) in paragraph (4)— 

14 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 15 ⁄3 majority’’; and 

16 (ii) by striking ‘‘(2)(A)(i)’’ and insert17 ing ‘‘(2)(A)’’; and 

18 (C) in paragraph (5), by striking 

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

20 (2) in subsection (c)— 

21 (A) in paragraph (1), by striking subpara22 graph (C); and 

23 (B) in paragraph (3)(A)(ii), by striking 

24 ‘‘paragraphs (1) through (7)’’ and inserting 

25 ‘‘paragraphs (1) through (8)’’; 


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

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

4 of the local board shall include the following: 

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

6 118, each local board, in partnership with the chief 

7 elected official for the local area involved, shall de8 velop and submit a local plan to the Governor. 

9 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

10 LABOR MARKET ANALYSIS.— 

11 ‘‘(A) IN GENERAL.—The local board 

12 shall— 

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

14 analysis of— 

15 ‘‘(I) the economic conditions in 

16 the local area; 

17 ‘‘(II) the immediate and long18 term skilled workforce needs of in-de19 mand industries and other occupa20 tions important to the local economy; 

21 ‘‘(III) the knowledge and skills of 

22 the workforce in the local area; and 

23 ‘‘(IV) workforce development ac24 tivities (including education and train25 ing) in the local area; and 


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•S 1911 IS

1 ‘‘(ii) assist the Governor in developing 

2 the statewide workforce and labor market 

3 information system described in section 

4 15(e) of the Wagner-Peyser Act (29 U.S.C. 

5 49l–2(e)). 

6 ‘‘(B) EXISTING ANALYSIS.—In carrying 

7 out requirements of subparagraph (A)(i), a 

8 local board shall use an existing analysis, if 

9 any, by the local economic development entity 

10 or related entity. 

11 ‘‘(3) EMPLOYER ENGAGEMENT.—The local 

12 board shall meet the needs of employers and support 

13 economic growth in the local area by enhancing com14 munication, coordination, and collaboration among 

15 employers, economic development entities, and serv16 ice providers. 

17 ‘‘(4) BUDGET AND ADMINISTRATION.— 

18 ‘‘(A) BUDGET.— 

19 ‘‘(i) IN GENERAL.—The local board 

20 shall develop a budget for the activities of 

21 the local board in the local area, consistent 

22 with the requirements of this subsection. 

23 ‘‘(ii) TRAINING RESERVATION.—In de24 veloping a budget under clause (i), the 

25 local board shall reserve a percentage of 


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•S 1911 IS

1 funds to carry out the activities specified 

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

3 use the analysis conducted under para4 graph (2)(A)(i) to determine the appro5 priate percentage of funds to reserve under 

6 this clause. 

7 ‘‘(B) ADMINISTRATION.— 

8 ‘‘(i) GRANT RECIPIENT.—The chief 

9 elected official in a local area shall serve as 

10 the local grant recipient for, and shall be 

11 liable for any misuse of, the grant funds 

12 allocated to the local area under section 

13 133, unless the chief elected official 

14 reaches an agreement with the Governor 

15 for the Governor to act as the local grant 

16 recipient and bear such liability. 

17 ‘‘(ii) DESIGNATION.—In order to as18 sist in administration of the grant funds, 

19 the chief elected official or the Governor, 

20 where the Governor serves as the local 

21 grant recipient for a local area, may des22 ignate an entity to serve as a local grant 

23 subrecipient for such funds or as a local 

24 fiscal agent. Such designation shall not re25 lieve the chief elected official or the GovVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 ernor of the liability for any misuse of 

2 grant funds as described in clause (i). 

3 ‘‘(iii) DISBURSAL.—The local grant 

4 recipient or an entity designated under 

5 clause (ii) shall disburse the grant funds 

6 for workforce investment activities at the 

7 direction of the local board, pursuant to 

8 the requirements of this title. The local 

9 grant recipient or entity designated under 

10 clause (ii) shall disburse the funds imme11 diately on receiving such direction from the 

12 local board. 

13 ‘‘(C) STAFF.—The local board may employ 

14 staff to assist in carrying out the functions de15 scribed in this subsection. 

16 ‘‘(D) GRANTS AND DONATIONS.—The local 

17 board may solicit and accept grants and dona18 tions from sources other than Federal funds 

19 made available under this Act. 

20 ‘‘(5) SELECTION OF OPERATORS AND PRO21 VIDERS.— 

22 ‘‘(A) SELECTION OF ONE-STOP OPERA23 TORS.—Consistent with section 121(d), the 

24 local board, with the agreement of the chief 

25 elected official— 


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•S 1911 IS

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

2 operators as described in section 

3 121(d)(2)(A); and 

4 ‘‘(ii) may terminate for cause the eli5 gibility of such operators. 

6 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN7 ING SERVICE PROVIDERS.—Consistent with this 

8 subtitle, the local board shall identify eligible 

9 providers of training services described in sec10 tion 134(c)(4) in the local area, annually review 

11 the outcomes of such eligible providers using 

12 the criteria under section 122(b)(2), and des13 ignate such eligible providers in the local area 

14 who have demonstrated the highest level of suc15 cess with respect to such criteria as priority eli16 gible providers for the program year following 

17 the review. 

18 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO19 VIDERS OF WORK READY SERVICES.—If the 

20 one-stop operator does not provide the services 

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

22 the local board shall identify eligible providers 

23 of such services in the local area by awarding 

24 contracts. 


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

2 in partnership with the chief elected official, shall be 

3 responsible for— 

4 ‘‘(A) ensuring the appropriate use and 

5 management of the funds provided for local em6 ployment and training activities authorized 

7 under section 134(b); and 

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

9 delivery system, in the local area, authorized 

10 under section 121. 

11 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

12 MEASURES.—The local board, the chief elected offi13 cial, and the Governor shall negotiate and reach 

14 agreement on local performance measures as de15 scribed in section 136(c). 

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

17 board shall develop strategies for technology im18 provements to facilitate access to services authorized 

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

20 including access in remote areas.’’; 

21 (4) in subsection (e)— 

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

23 after ‘‘regular basis through’’; and 


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•S 1911 IS

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

2 or contracts to eligible providers of youth activi3 ties,’’; 

4 (5) in subsection (f)— 

5 (A) in paragraph (1)(A), by striking ‘‘sec6 tion 134(d)(4)’’ and inserting ‘‘section 

7 134(c)(4)’’; and 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) WORK READY SERVICES; DESIGNATION OR

11 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

12 board may provide work ready services described in 

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

14 described in section 121 or be designated or certified 

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

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

17 (6) in subsection (g)(1), by inserting ‘‘or par18 ticipate in any action taken’’ after ‘‘vote’’; and 

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

20 SEC. 107. LOCAL PLAN. 

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

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

23 inserting ‘‘3-year’’; 

24 (2) by amending subsection (b) to read as fol25 lows: 


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

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

3 area’s economic and workforce conditions conducted 

4 under subclauses (I) through (IV) of section 

5 117(d)(2)(A)(i), and an assurance that the local 

6 board will use such analysis to carry out the activi7 ties under this subtitle; 

8 ‘‘(2) a description of the one-stop delivery sys9 tem in the local area, including— 

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

11 will ensure— 

12 ‘‘(i) the continuous improvement of el13 igible providers of services through the sys14 tem; and 

15 ‘‘(ii) that such providers meet the em16 ployment needs of local businesses and 

17 participants; and 

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

19 will facilitate access to services described in sec20 tion 117(d)(8) and provided through the one21 stop delivery system consistent with section 

22 117(d)(8); 

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

24 that will be used in the local area— 


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•S 1911 IS

1 ‘‘(A) to more fully engage employers, in2 cluding small businesses and employers in in3 demand industries and occupations important 

4 to the local economy; 

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

6 local area; 

7 ‘‘(C) to better coordinate workforce devel8 opment programs with economic development 

9 activities; and 

10 ‘‘(D) to better coordinate workforce devel11 opment programs with employment, training, 

12 and literacy services carried out by nonprofit 

13 organizations, including public libraries, as ap14 propriate; 

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

16 convene (or help to convene) industry or sector part17 nerships that lead to collaborative planning, resource 

18 alignment, and training efforts across multiple firms 

19 for a range of workers employed or potentially em20 ployed by a targeted industry or sector— 

21 ‘‘(A) to encourage industry growth and 

22 competitiveness and to improve worker training, 

23 retention, and advancement in the targeted in24 dustry or sector; 


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•S 1911 IS

1 ‘‘(B) to address the immediate and long2 term skilled workforce needs of in-demand in3 dustries, small businesses, and other occupa4 tions important to the local economy; and 

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

6 and across industries and sectors; 

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

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

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

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

11 coordinate workforce investment activities carried 

12 out in the local area with statewide workforce invest13 ment activities, as appropriate; 

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

15 ‘‘(A) coordinate activities with the local 

16 area’s disability community, and with transition 

17 services (as defined under section 602 of the In18 dividuals with Disabilities Education Act (20 

19 U.S.C. 1401)) provided under that Act by local 

20 educational agencies serving such local area, to 

21 make available comprehensive, high-quality 

22 services to individuals with disabilities; 

23 ‘‘(B) consistent with section 188 and Exec24 utive Order No. 13217 (42 U.S.C. 12131 note), 

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•S 1911 IS

1 dividuals with disabilities, with a focus on em2 ployment that fosters independence and integra3 tion into the workplace; and 

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

5 of the Rehabilitation Act of 1973 (29 U.S.C. 

6 794, 794d), include the provision of outreach, 

7 intake, assessments, and service delivery, the 

8 development of performance measures, the 

9 training of staff, and other aspects of accessi10 bility for individuals with disabilities to pro11 grams and services under this subtitle; 

12 ‘‘(8) a description of the local levels of perform13 ance negotiated with the Governor and chief elected 

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

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

16 the local area; and 

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

18 performance of the local fiscal agent (where ap19 propriate), eligible providers, and the one-stop 

20 delivery system, in the local area; 

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

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

23 an opportunity for public comment prior to submis24 sion of the plan; 


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

2 serve the employment and training needs of dis3 located workers (including displaced homemakers), 

4 low-income individuals (including recipients of public 

5 assistance such as supplemental nutrition assistance 

6 program benefits pursuant to the Food and Nutri7 tion Act of 2008 (7 U.S.C. 2011 et seq.)), long-term 

8 unemployed individuals (including individuals who 

9 have exhausted entitlement to Federal and State un10 employment compensation), English learners, home11 less individuals, individuals training for nontradi12 tional employment, youth (including out-of-school 

13 youth and at-risk youth), older workers, ex-offend14 ers, migrant and seasonal farmworkers, refugees and 

15 entrants, veterans (including disabled veterans and 

16 homeless veterans), and Native Americans; 

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

18 for the disbursal of grant funds described in section 

19 117(d)(4)(B)(iii), as determined by the chief elected 

20 official or the Governor under such section; 

21 ‘‘(12) a description of the strategies and serv22 ices that will be used in the local area to assist at23 risk youth and out-of-school youth in acquiring the 

24 education and skills, credentials (including recog25 nized postsecondary credentials, such as industryVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 recognized credentials), and employment experience 

2 to succeed in the labor market, including— 

3 ‘‘(A) training and internships in in-demand 

4 industries or occupations important to the local 

5 economy; 

6 ‘‘(B) dropout recovery activities that are 

7 designed to lead to the attainment of a regular 

8 secondary school diploma or its recognized 

9 equivalent, or other State-recognized equivalent 

10 (including recognized alternative standards for 

11 individuals with disabilities); and 

12 ‘‘(C) activities combining remediation of 

13 academic skills, work readiness training, and 

14 work experience, and including linkages to post15 secondary education and training and career16 ladder employment; 

17 ‘‘(13) a description of— 

18 ‘‘(A) how the local area will furnish em19 ployment, training, including training in ad20 vanced manufacturing, supportive, and place21 ment services to veterans, including disabled 

22 and homeless veterans; 

23 ‘‘(B) the strategies and services that will 

24 be used in the local area to assist in and expeVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 dite reintegration of homeless veterans into the 

2 labor force; and 

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

4 the local area; 

5 ‘‘(14) a description of— 

6 ‘‘(A) the duties assigned to the veteran 

7 employment specialist consistent with the re8 quirements of section 134(f); 

9 ‘‘(B) the manner in which the veteran em10 ployment specialist is integrated into the one11 stop career system described in section 121; 

12 ‘‘(C) the date on which the veteran em13 ployment specialist was assigned; and 

14 ‘‘(D) whether the veteran employment spe15 cialist has satisfactorily completed related train16 ing by the National Veterans’ Employment and 

17 Training Services Institute; and 

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

19 may require.’’; and 

20 (3) in subsection (c)— 

21 (A) in paragraph (1), by striking ‘‘such 

22 means’’ and inserting ‘‘electronic means and 

23 such means’’; and 


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1 (B) in paragraph (2), by striking ‘‘, includ2 ing representatives of business and representa3 tives of labor organizations,’’. 

4 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS5 TEM. 

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

7 (1) in subsection (b)— 

8 (A) by striking subparagraph (A) of para9 graph (1) and inserting the following: 

10 ‘‘(A) ROLES AND RESPONSIBILITIES OF

11 ONE-STOP PARTNERS.—Each entity that carries 

12 out a program or activities described in sub13 paragraph (B) shall— 

14 ‘‘(i) provide access through a one-stop 

15 delivery system to the program or activities 

16 carried out by the entity, including making 

17 the work ready services described in sec18 tion 134(c)(2) that are applicable to the 

19 program or activities of the entity available 

20 at one-stop centers (in addition to any 

21 other appropriate locations); 

22 ‘‘(ii) use a portion of the funds avail23 able to the program or activities of the en24 tity to maintain the one-stop delivery sys25 tem, including payment of the costs of inVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 frastructure of one-stop centers in accord2 ance with subsection (h); 

3 ‘‘(iii) enter into a local memorandum 

4 of understanding with the local board, re5 lating to the operation of the one-stop de6 livery system, that meets the requirements 

7 of subsection (c); and 

8 ‘‘(iv) participate in the operation of 

9 the one-stop delivery system consistent 

10 with the terms of the memorandum of un11 derstanding, the requirements of this title, 

12 and the requirements of the Federal laws 

13 authorizing the program or activities car14 ried out by the entity.’’; 

15 (B) in paragraph (1)(B)— 

16 (i) by striking clauses (ii), (v), and 

17 (vi); 

18 (ii) by redesignating clauses (iii) and 

19 (iv) as clauses (ii) and (iii), respectively; 

20 (iii) by redesignating clauses (vii) 

21 through (xii) as clauses (iv) through (ix), 

22 respectively; 

23 (iv) in clause (ii), as so redesignated, 

24 by striking ‘‘adult education and literacy 


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1 activities’’ and inserting ‘‘adult education 

2 and family literacy education activities’’; 

3 (v) in clause (viii), as so redesignated, 

4 by striking ‘‘and’’ at the end; 

5 (vi) in clause (ix), as so redesignated, 

6 by striking the period and inserting ‘‘; 

7 and’’; and 

8 (vii) by adding at the end the fol9 lowing: 

10 ‘‘(x) subject to subparagraph (C), pro11 grams authorized under part A of title IV 

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

13 et seq.).’’; 

14 (C) by inserting after paragraph (1)(B) 

15 the following: 

16 ‘‘(C) DETERMINATION BY THE GOV17 ERNOR.—Each entity carrying out a program 

18 described in subparagraph (B)(x) shall be con19 sidered to be a one-stop partner under this title 

20 and carry out the required partner activities de21 scribed in subparagraph (A) unless the Gov22 ernor of the State in which the local area is lo23 cated provides the Secretary and Secretary of 

24 Health and Human Services written notice of a 

25 determination by the Governor that such an enVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 tity shall not be considered to be such a partner 

2 and shall not carry out such required partner 

3 activities.’’; and 

4 (D) in paragraph (2)— 

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

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

7 134(c)(2)’’; and 

8 (ii) in subparagraph (B)— 

9 (I) by striking clauses (i), (ii), 

10 and (v); 

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

12 ‘‘and’’ at the end; 

13 (III) by redesignating clauses 

14 (iii) and (iv) as clauses (i) and (ii), re15 spectively; and 

16 (IV) by adding at the end the fol17 lowing: 

18 ‘‘(iii) employment and training pro19 grams administered by the Commissioner 

20 of the Social Security Administration; 

21 ‘‘(iv) employment and training pro22 grams carried out by the Administrator of 

23 the Small Business Administration; 


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1 ‘‘(v) employment, training, and lit2 eracy services carried out by public librar3 ies; and 

4 ‘‘(vi) other appropriate Federal, State, 

5 or local programs, including programs in 

6 the private sector.’’; 

7 (2) in subsection (c)(2), by amending subpara8 graph (A) to read as follows: 

9 ‘‘(A) provisions describing— 

10 ‘‘(i) the services to be provided 

11 through the one-stop delivery system con12 sistent with the requirements of this sec13 tion, including the manner in which the 

14 services will be coordinated through such 

15 system; 

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

17 and the operating costs of such system will 

18 be funded, through cash and in-kind con19 tributions, to provide a stable and equi20 table funding stream for ongoing one-stop 

21 system operations, including the funding of 

22 the costs of infrastructure of one-stop cen23 ters in accordance with subsection (h); 

24 ‘‘(iii) methods of referral of individ25 uals between the one-stop operator and the 


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1 one-stop partners for appropriate services 

2 and activities, including referrals for train3 ing for nontraditional employment; and 

4 ‘‘(iv) the duration of the memo5 randum of understanding and the proce6 dures for amending the memorandum dur7 ing the term of the memorandum, and as8 surances that such memorandum shall be 

9 reviewed not less than once every 3-year 

10 period to ensure appropriate funding and 

11 delivery of services under the memo12 randum; and’’; 

13 (3) in subsection (d)— 

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

15 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

16 and inserting ‘‘LOCAL DESIGNATION AND CER17 TIFICATION’’; 

18 (B) in paragraph (2)— 

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

20 inserting ‘‘subsection (e)’’; 

21 (ii) by amending subparagraph (A) to 

22 read as follows: 

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

24 one-stop operator through a competitive proc25 ess; and’’; and 


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

2 clause (ii) and redesignating clauses (iii) 

3 through (vi) as clauses (ii) through (v), re4 spectively; and 

5 (C) in paragraph (3), by striking ‘‘voca6 tional’’ and inserting ‘‘career and technical’’; 

7 (4) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS10 TEM.— 

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

12 in a State that receives an allotment under section 

13 132(b) a one-stop delivery system, which shall— 

14 ‘‘(A) provide the work ready services de15 scribed in section 134(c)(2); 

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

17 described in paragraph (4) of section 134(c), 

18 including serving as the point of access to ca19 reer enhancement accounts for training services 

20 to participants in accordance with paragraph 

21 (4)(F) of such section; 

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

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


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1 ‘‘(D) provide access to programs and ac2 tivities carried out by one-stop partners that 

3 are described in subsection (b); and 

4 ‘‘(E) provide access to the data and infor5 mation described in subparagraphs (A) and (B) 

6 of section 15(a)(1) of the Wagner-Peyser Act 

7 (29 U.S.C. 49l–2(a)(1)). 

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

9 one-stop delivery system— 

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

11 services, and activities described in paragraph 

12 (1) accessible at not less than one physical cen13 ter in each local area of the State; and 

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

15 and activities described in paragraph (1) avail16 able— 

17 ‘‘(i) through a network of affiliated 

18 sites that can provide one or more of the 

19 programs, services, and activities to indi20 viduals; and 

21 ‘‘(ii) through a network of eligible 

22 one-stop partners— 

23 ‘‘(I) in which each partner pro24 vides one or more of the programs, 

25 services, and activities to such individVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 uals and is accessible at an affiliated 

2 site that consists of a physical loca3 tion or an electronically or techno4 logically linked access point; and 

5 ‘‘(II) that assures individuals 

6 that information on the availability of 

7 the work ready services will be avail8 able regardless of where the individ9 uals initially enter the statewide work10 force investment system, including in11 formation made available through an 

12 access point described in subclause 

13 (I). 

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

15 sites described in paragraph (2) may have a speciali16 zation in addressing special needs.’’; and 

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

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

19 ‘‘(1) IN GENERAL.— 

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

21 establish objective procedures and criteria for 

22 certifying, at least once every 3 years, one-stop 

23 centers for the purpose of awarding the one24 stop infrastructure funding described in sub25 section (h). 


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1 ‘‘(B) CRITERIA.—The criteria for certifi2 cation of a one-stop center under this sub3 section shall include— 

4 ‘‘(i) meeting the expected levels of 

5 performance for each of the corresponding 

6 core indicators of performance as outlined 

7 in the State plan under section 112; 

8 ‘‘(ii) meeting minimum standards re9 lating to the scope and degree of service 

10 integration achieved by the center, involv11 ing the programs provided by the one-stop 

12 partners; and 

13 ‘‘(iii) meeting minimum standards re14 lating to how the center ensures that eligi15 ble providers meet the employment needs 

16 of local employers and participants. 

17 ‘‘(C) EFFECT OF CERTIFICATION.—One18 stop centers certified under this subsection shall 

19 be eligible to receive the infrastructure funding 

20 authorized under subsection (h). 

21 ‘‘(2) LOCAL BOARDS.—Consistent with the cri22 teria developed by the State, the local board may de23 velop, for certification referred to in paragraph 

24 (1)(A), additional criteria or higher standards on the 

25 criteria referred to in paragraph (1)(B) to respond 


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1 to local labor market and demographic conditions 

2 and trends. 

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

4 ‘‘(1) PARTNER CONTRIBUTIONS.— 

5 ‘‘(A) PROVISION OF FUNDS.—Notwith6 standing any other provision of law, as deter7 mined under subparagraph (B), a portion of the 

8 Federal funds provided to the State and areas 

9 within the State under the Federal laws author10 izing the one-stop partner programs described 

11 in subsection (b)(1)(B) and participating addi12 tional partner programs described in subsection 

13 (b)(2)(B), for a fiscal year shall be provided to 

14 the Governor by such partners to carry out this 

15 subsection. 

16 ‘‘(B) DETERMINATION OF GOVERNOR.— 

17 ‘‘(i) IN GENERAL.—Subject to sub18 paragraph (C), the Governor, in consulta19 tion with the State board, shall determine 

20 the portion of funds to be provided under 

21 subparagraph (A) by each one-stop partner 

22 and in making such determination shall 

23 consider the proportionate use of the one24 stop centers in the State by each such 

25 partner, the costs of administration for 


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1 purposes not related to one-stop centers 

2 for each such partner, and other relevant 

3 factors described in paragraph (3). 

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

5 where the State constitution places policy6 making authority that is independent of 

7 the authority of the Governor in an entity 

8 or official with respect to the funds pro9 vided for adult education and family lit10 eracy education activities authorized under 

11 title II and for postsecondary career and 

12 technical education activities authorized 

13 under the Carl D. Perkins Career and 

14 Technical Education Act of 2006 (20 

15 U.S.C. 2301 et seq.), the determination de16 scribed in clause (i) with respect to the 

17 corresponding 2 programs shall be made 

18 by the Governor with the appropriate enti19 ty or official with such independent policy20 making authority. 

21 ‘‘(iii) APPEAL BY ONE-STOP PART22 NERS.—The Governor shall establish a 

23 procedure for the one-stop partner admin24 istering a program described in subsection 

25 (b) and subparagraph (A) to appeal a deVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 termination regarding the portion of funds 

2 to be provided under this paragraph on the 

3 basis that such determination is incon4 sistent with the requirements described in 

5 the State plan for the program or with the 

6 requirements of this paragraph. Such pro7 cedure shall ensure prompt resolution of 

8 the appeal. 

9 ‘‘(C) LIMITATIONS.— 

10 ‘‘(i) PROVISION FROM ADMINISTRA11 TIVE FUNDS.—The funds provided under 

12 this paragraph by a one-stop partner shall 

13 be provided only from funds available for 

14 the costs of administration under the pro15 gram administered by such partner, and 

16 shall be subject to the limitations with re17 spect to the portion of funds under such 

18 program that may be used for administra19 tion. 

20 ‘‘(ii) FEDERAL DIRECT SPENDING

21 PROGRAMS.— 

22 ‘‘(I) IN GENERAL.—A program 

23 that provides Federal direct spending 

24 under section 250(c)(8) of the Bal25 anced Budget and Emergency Deficit 


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1 Control Act of 1985 (2 U.S.C. 

2 900(c)(8)) shall not, for purposes of 

3 this paragraph, be required to provide 

4 more than the maximum amount de5 termined under subclause (II). 

6 ‘‘(II) MAXIMUM AMOUNT.—The 

7 maximum amount for the program is 

8 the amount that bears the same rela9 tionship to the costs referred to in 

10 paragraph (2) for the State as the use 

11 of the one-stop centers by such pro12 gram bears to the use of such centers 

13 by all one-stop partner programs in 

14 the State. 

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

16 funds provided under paragraph (1), the Governor 

17 shall allocate funds to local areas in accordance with 

18 the formula established under paragraph (3) for the 

19 purposes of assisting in paying the costs of infra20 structure of one-stop centers certified under sub21 section (g). 

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

23 shall develop a formula to be used by the Governor 

24 to allocate the funds provided under paragraph (1) 

25 to local areas. The formula shall include such factors 


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1 as the State board determines are appropriate, 

2 which may include factors such as the number of 

3 centers in a local area that have been certified, the 

4 population served by such centers, and the perform5 ance of such centers. 

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

9 necessary for the general operation of a one-stop 

10 center, including the rental costs of the facilities in11 volved, and the costs of utilities and maintenance, 

12 and equipment (including assistive technology for in13 dividuals with disabilities). 

14 ‘‘(i) OTHER FUNDS.— 

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

16 provided under subsection (h), a portion of funds 

17 made available under Federal law authorizing the 

18 one-stop partner programs described in subsection 

19 (b)(1)(B) and participating additional partner pro20 grams described in subsection (b)(2)(B), or the 

21 noncash resources available under such 2 types of 

22 programs, shall be used to pay the costs relating to 

23 the operation of the one-stop delivery system that 

24 are not paid for from the funds provided under sub25 section (h), to the extent not inconsistent with the 


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1 Federal law involved. Such portion shall be used to 

2 pay for costs including— 

3 ‘‘(A) costs of infrastructure (as defined in 

4 subsection (h)) that are in excess of the funds 

5 provided under subsection (h); 

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

7 the costs of infrastructure (as so defined); and 

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

9 ready services applicable to each program. 

10 ‘‘(2) DETERMINATION AND STANDARDS.—The 

11 method for determining the appropriate portion of 

12 funds and noncash resources to be provided by each 

13 program under paragraph (1) shall be determined as 

14 part of the memorandum of understanding under 

15 subsection (c). The State board shall provide stand16 ards to facilitate the determination of appropriate 

17 allocation of the funds and noncash resources to 

18 local areas.’’. 

19 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

20 TRAINING SERVICES. 

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

22 follows: 

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

24 TRAINING SERVICES. 

25 ‘‘(a) ELIGIBILITY.— 


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

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

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

7 and be included on the list of eligible providers of 

8 training services described in subsection (d). 

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

10 this section, to be eligible to receive the funds and 

11 be included on the list, the provider shall be— 

12 ‘‘(A) a postsecondary educational institu13 tion that— 

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

15 under title IV of the Higher Education Act 

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

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

18 a recognized postsecondary credential; 

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

20 under the Act of August 16, 1937 (commonly 

21 known as the ‘National Apprenticeship Act’; 50 

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

23 or 

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

25 a program of training services. 


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

3 or (C) of paragraph (2) shall comply with the cri4 teria and procedures established under this sub5 section to be eligible to receive the funds and be in6 cluded on the list. A provider described in paragraph 

7 (2)(B) shall be eligible to receive the funds and be 

8 included on the list with respect to programs de9 scribed in paragraph (2)(B) for so long as the pro10 vider remains certified by the Secretary of Labor to 

11 carry out the programs. 

12 ‘‘(b) CRITERIA.— 

13 ‘‘(1) IN GENERAL.—The criteria established by 

14 the Governor pursuant to subsection (a) shall take 

15 into account— 

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

18 measures described in section 136, measures for 

19 other matters for which information is required 

20 under paragraph (2), and other appropriate 

21 measures of performance outcomes for those 

22 participants receiving training services under 

23 this subtitle; 


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1 ‘‘(B) whether the training programs of 

2 such providers relate to in-demand industries or 

3 occupations important to the local economy; 

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

5 services throughout the State, including in rural 

6 areas; 

7 ‘‘(D) the ability of the providers to offer 

8 programs that lead to a recognized postsec9 ondary credential, and the quality of such pro10 grams; 

11 ‘‘(E) the performance of the providers as 

12 reflected in the information such providers are 

13 required to report to State agencies with re14 spect to other Federal and State programs 

15 (other than the program carried out under this 

16 subtitle), including one-stop partner programs; 

17 and 

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

19 determines are appropriate. 

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

21 by the Governor shall require that a provider of 

22 training services submit appropriate, accurate, and 

23 timely information to the State for purposes of car24 rying out subsection (d), with respect to participants 


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1 receiving training services under this subtitle in the 

2 applicable program, including— 

3 ‘‘(A) information on recognized postsec4 ondary credentials received by such partici5 pants; 

6 ‘‘(B) information on costs of attendance 

7 for such participants; 

8 ‘‘(C) information on the program comple9 tion rate for such participants; and 

10 ‘‘(D) information on the performance of 

11 the provider with respect to the performance 

12 measures described in section 136 for such par13 ticipants. 

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

15 the Governor shall also provide for a review on the 

16 criteria every 3 years and renewal of eligibility under 

17 this section for providers of training services. 

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

19 State may establish criteria in addition to the cri20 teria established by the Governor, or may require 

21 higher levels of performance than required on the 

22 criteria established by the Governor, for purposes of 

23 determining the eligibility of providers of training 

24 services under this section in the local area involved. 


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1 ‘‘(5) LIMITATION.—In carrying out the require2 ments of this subsection, no entity may disclose per3 sonally identifiable information regarding a student, 

4 including a Social Security number, student identi5 fication number, or other identifier, without the 

6 prior written consent of the parent or student in 

7 compliance with section 444 of the General Edu8 cation Provisions Act (20 U.S.C. 1232g). 

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

10 under subsection (a) shall— 

11 ‘‘(1) identify— 

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

13 of training services to become eligible under 

14 this section; and 

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

16 local areas in receiving and reviewing applica17 tions and in making determinations of eligibility 

18 based on the criteria established under this sec19 tion; and 

20 ‘‘(2) establish a process, for a provider of train21 ing services to appeal a denial or termination of eli22 gibility under this section, that includes an oppor23 tunity for a hearing and prescribes appropriate time 

24 limits to ensure prompt resolution of the appeal. 


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1 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

2 CHOOSING PROVIDERS.—In order to facilitate and assist 

3 participants under chapter 5 in choosing providers of 

4 training services, the Governor shall ensure that an appro5 priate list of providers determined eligible under this sec6 tion in the State, including information provided under 

7 subsection (b)(2) with respect to such providers, is pro8 vided to the local boards in the State and is made available 

9 to such participants and to members of the public through 

10 the one-stop delivery system in the State. 

11 ‘‘(e) ENFORCEMENT.— 

12 ‘‘(1) IN GENERAL.—The procedures established 

13 under this section shall provide the following: 

14 ‘‘(A) INTENTIONALLY SUPPLYING INAC15 CURATE INFORMATION.—Upon a determination, 

16 by an individual or entity specified in the proce17 dures, that a provider of training services, or 

18 individual providing information on behalf of 

19 the provider, intentionally supplied inaccurate 

20 information under this section, the eligibility of 

21 such provider under this section shall be termi22 nated for a period of time that is not less than 

23 2 years. 

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

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1 fied in the procedures, that a provider of train2 ing services substantially violated any require3 ment under this title, the eligibility of such pro4 vider under this section shall be terminated for 

5 a period of time that is not less than 10 years. 

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

7 services whose eligibility is terminated under 

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

9 repayment of funds received under chapter 5 

10 during a period of noncompliance described in 

11 such subparagraph. For purposes of subpara12 graph (A), that period shall be considered to be 

13 the period beginning on the date on which the 

14 inaccurate information described in subpara15 graph (A) was supplied, and ending on the date 

16 of the termination described in subparagraph 

17 (A). 

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

19 construed to provide remedies and penalties that 

20 supplement, but do not supplant, other civil and 

21 criminal remedies and penalties. 

22 ‘‘(f) AGREEMENTS WITH OTHER STATES.—A State 

23 may enter into an agreement with another State, on a re24 ciprocal basis, to permit eligible providers of training servVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 ices to accept career enhancement accounts provided in 

2 the other State. 

3 ‘‘(g) RECOMMENDATIONS.—In developing the criteria 

4 (including requirements for related information) and pro5 cedures required under this section, the Governor shall so6 licit and take into consideration the recommendations of 

7 local boards and providers of training services within the 

8 State. 

9 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur10 ing the development of the criteria and procedures, and 

11 the list of eligible providers required under this section, 

12 the Governor shall provide an opportunity for interested 

13 members of the public to submit comments regarding such 

14 criteria, procedures, and list. 

15 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN16 ING EXCEPTION.— 

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

18 training or customized training shall not be subject 

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

20 ‘‘(2) COLLECTION AND DISSEMINATION OF IN21 FORMATION.—A one-stop operator in a local area 

22 shall collect such performance information from on23 the-job training and customized training providers 

24 as the Governor may require, determine whether the 

25 providers meet such performance criteria as the GovVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 ernor may require, and disseminate information 

2 identifying providers that meet the criteria as eligi3 ble providers, and the performance information, 

4 through the one-stop delivery system. Providers de5 termined to meet the criteria shall be considered to 

6 be identified as eligible under this section, to be pro7 viders of the training services involved.’’. 

8 SEC. 110. GENERAL AUTHORIZATION. 

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

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

11 inserting the following: ‘‘EMPLOYMENT AND 

12 TRAINING ACTIVITIES’’; and 

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

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

15 (2)(B) of’’; and 

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

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

18 SEC. 111. STATE ALLOTMENTS. 

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

20 (1) by amending subsection (a) to read as fol21 lows: 

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

‘‘(1) reserve 1 23 ⁄2 of 1 percent of the total amount 

24 appropriated under section 137 for a fiscal year, of 

25 which— 


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

2 technical assistance under section 170; and 

3 ‘‘(B) 50 percent shall be used for evalua4 tions under section 172; 

5 ‘‘(2) reserve 1 percent of the total amount ap6 propriated under section 137 for a fiscal year to 

7 make grants to, and enter into contracts or coopera8 tive agreements with Indian tribes, tribal organiza9 tions, Alaska Native entities, Indian-controlled orga10 nizations serving Indians, or Native Hawaiian orga11 nizations to carry out employment and training ac12 tivities; 

13 ‘‘(3) reserve not more than 25 percent of the 

14 total amount appropriated under section 137 for a 

15 fiscal year to carry out the Jobs Corps program 

16 under subtitle C; 

17 ‘‘(4) reserve not more than 3.5 percent of the 

18 total amount appropriated under section 137 for a 

19 fiscal year to— 

20 ‘‘(A) make grants to State boards or local 

21 boards to provide employment and training as22 sistance to workers affected by major economic 

23 dislocations, such as plant closures, mass lay24 offs, or closures and realignments of military 

25 installations; and 


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1 ‘‘(B) provide assistance to Governors of 

2 States with an area that has suffered an emer3 gency or a major disaster (as such terms are 

4 defined in paragraphs (1) and (2), respectively, 

5 of section 102 of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 

7 U.S.C. 5122)) to provide disaster relief employ8 ment in the area; and 

9 ‘‘(5) from the remaining amount appropriated 

10 under section 137 for a fiscal year (after reserving 

11 funds under paragraphs (1) through (4)), make al12 lotments in accordance with subsection (b) of this 

13 section.’’; and 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

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

18 ‘‘(A) IN GENERAL.—From the amount 

19 made available under subsection (a)(5) for a 

20 fiscal year, the Secretary shall reserve not more 

than 1 21 ⁄4 of 1 percent to provide assistance to 

22 the outlying areas. 

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

24 Palau shall cease to be eligible to receive fund25 ing under this paragraph upon entering into an 


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1 agreement for extension of United States edu2 cational assistance under the Compact of Free 

3 Association (approved by the Compact of Free 

4 Association Amendments Act of 2003 (Public 

5 Law 108–188)) after the date of enactment of 

6 the SKILLS Act. 

7 ‘‘(2) STATES.— 

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

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

10 Secretary shall allot the remainder of the 

11 amount referred to in subsection (a)(5) for a 

12 fiscal year to the States pursuant to subpara13 graph (B) for employment and training activi14 ties and statewide workforce investment activi15 ties. 

16 ‘‘(B) FORMULA.—Subject to subpara17 graphs (C) and (D), of the remainder— 

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

19 basis of the relative number of unemployed 

20 individuals in areas of substantial unem21 ployment in each State, compared to the 

22 total number of unemployed individuals in 

23 areas of substantial unemployment in all 

24 States; 


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

2 the basis of the relative number of individ3 uals in the civilian labor force in each 

4 State, compared to the total number of 

5 such individuals in all States; 

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

7 the basis of the relative number of individ8 uals in each State who have been unem9 ployed for 15 weeks or more, compared to 

10 the total number of individuals in all 

11 States who have been unemployed for 15 

12 weeks or more; and 

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

14 the basis of the relative number of dis15 advantaged youth in each State, compared 

16 to the total number of disadvantaged youth 

17 in all States. 

18 ‘‘(C) MINIMUM AND MAXIMUM PERCENT19 AGES.— 

20 ‘‘(i) MINIMUM PERCENTAGE.—The 

21 Secretary shall ensure that no State shall 

22 receive an allotment under this paragraph 

23 for— 

24 ‘‘(I) each of fiscal years 2015 

25 through 2017, that is less than 100 


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1 percent of the allotment percentage of 

2 the State for fiscal year 2013; and 

3 ‘‘(II) fiscal year 2018 and each 

4 succeeding fiscal year, that is less 

5 than 90 percent of the allotment per6 centage of the State for the fiscal year 

7 preceding the fiscal year involved. 

8 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub9 ject to clause (i), the Secretary shall en10 sure that no State shall receive an allot11 ment under this paragraph for— 

12 ‘‘(I) each of fiscal years 2015 

13 through 2017, that is more than 130 

14 percent of the allotment percentage of 

15 the State for fiscal year 2013; and 

16 ‘‘(II) fiscal year 2018 and each 

17 succeeding fiscal year, that is more 

18 than 130 percent of the allotment per19 centage of the State for the fiscal year 

20 preceding the fiscal year involved. 

21 ‘‘(D) SMALL STATE MINIMUM ALLOT22 MENT.—Subject to subparagraph (C), the Sec23 retary shall ensure that no State shall receive 

24 an allotment under this paragraph for a fiscal 

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1 mainder described in subparagraph (A) for the 

2 fiscal year. 

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

4 the formula specified in this paragraph: 

5 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

6 term ‘allotment percentage’— 

7 ‘‘(I) used with respect to fiscal 

8 year 2013, means the percentage of 

9 the amounts allotted to States under 

10 title I of this Act, title V of the Older 

11 Americans Act of 1965 (42 U.S.C. 

12 3056 et seq.), the Women in Appren13 ticeship and Nontraditional Occupa14 tions Act (29 U.S.C. 2501 et seq.), 

15 sections 4103A and 4104 of title 38, 

16 United States Code, and sections 1 

17 through 14 of the Wagner-Peyser Act 

18 (29 U.S.C. 49 et seq.), as such provi19 sions were in effect for fiscal year 

20 2013, that is received under such pro21 visions by the State involved for fiscal 

22 year 2013; and 

23 ‘‘(II) used with respect to fiscal 

24 year 2017 or a succeeding fiscal year, 

25 means the percentage of the amounts 


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1 allotted to States under this para2 graph for the fiscal year, that is re3 ceived under this paragraph by the 

4 State involved for the fiscal year. 

5 ‘‘(ii) AREA OF SUBSTANTIAL UNEM6 PLOYMENT.—The term ‘area of substantial 

7 unemployment’ means any area that is of 

8 sufficient size and scope to sustain a pro9 gram of workforce investment activities 

10 carried out under this subtitle and that 

11 has an average rate of unemployment of at 

12 least 7 percent for the most recent 12 

13 months, as determined by the Secretary. 

14 For purposes of this clause, determinations 

15 of areas of substantial unemployment shall 

16 be made once each fiscal year. 

17 ‘‘(iii) DISADVANTAGED YOUTH.—The 

18 term ‘disadvantaged youth’ means an indi19 vidual who is not less than age 16 and not 

20 more than age 24 who receives an income, 

21 or is a member of a family that receives a 

22 total family income, that in relation to 

23 family size, does not exceed the higher 

24 of— 

25 ‘‘(I) the poverty line; or 


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1 ‘‘(II) 70 percent of the lower liv2 ing standard income level. 

3 ‘‘(iv) INDIVIDUAL.—The term ‘indi4 vidual’ means an individual who is age 16 

5 or older.’’. 

6 SEC. 112. WITHIN STATE ALLOCATIONS. 

7 Section 133 (29 U.S.C. 2863) is amended— 

8 (1) by amending subsection (a) to read as fol9 lows: 

10 ‘‘(a) RESERVATIONS FOR STATEWIDE WORKFORCE

11 INVESTMENT ACTIVITIES.— 

12 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

13 ACTIVITIES.—The Governor of a State shall reserve 

14 not more than 15 percent of the total amount allot15 ted to the State under section 132(b)(2) for a fiscal 

16 year to carry out the statewide activities described in 

17 section 134(a). 

18 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES

19 AND ADDITIONAL ASSISTANCE.—Of the amount re20 served under paragraph (1) for a fiscal year, the 

21 Governor of the State shall reserve not more than 

22 25 percent for statewide rapid response activities 

23 and additional assistance described in section 

24 134(a)(4). 


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1 ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS

2 WITH BARRIERS TO EMPLOYMENT.—Of the amount 

3 reserved under paragraph (1) for a fiscal year, the 

4 Governor of the State shall reserve 15 percent to 

5 carry out statewide activities described in section 

6 134(a)(5). 

7 ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.—Not 

8 more than 5 percent of the funds reserved under 

9 paragraph (1) may be used by the Governor of the 

10 State for administrative costs of carrying out the 

11 statewide activities described in section 134(a).’’; 

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

14 ‘‘(b) WITHIN STATE ALLOCATION.— 

15 ‘‘(1) METHODS.—The Governor, acting in ac16 cordance with the State plan, and after consulting 

17 with chief elected officials in the local areas in the 

18 State, shall— 

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

20 the State under section 132(b)(2) and not re21 served under subsection (a), in accordance with 

22 paragraph (2)(A); and 

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

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1 petitive grants to eligible entities, in accordance 

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

3 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK4 FORCE INVESTMENT FUND.— 

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

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

7 areas, a State shall allocate— 

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

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

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

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

12 ‘‘(iii) 25 percent on the basis de13 scribed in section 132(b)(2)(B)(iii); and 

14 ‘‘(iv) 25 percent on the basis de15 scribed in section 132(b)(2)(B)(iv), 

16 except that a reference in a section specified in 

17 any of clauses (i) through (iv) to ‘each State’ 

18 shall be considered to refer to each local area, 

19 and to ‘all States’ shall be considered to refer 

20 to all local areas. 

21 ‘‘(B) MINIMUM AND MAXIMUM PERCENT22 AGES.— 

23 ‘‘(i) MINIMUM PERCENTAGE.—The 

24 State shall ensure that no local area shall 


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1 receive an allocation under this paragraph 

2 for— 

3 ‘‘(I) each of fiscal years 2015 

4 through 2017, that is less than 100 

5 percent of the allocation percentage of 

6 the local area for fiscal year 2013; 

7 and 

8 ‘‘(II) fiscal year 2018 and each 

9 succeeding fiscal year, that is less 

10 than 90 percent of the allocation per11 centage of the local area for the fiscal 

12 year preceding the fiscal year in13 volved. 

14 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub15 ject to clause (i), the State shall ensure 

16 that no local area shall receive an alloca17 tion for a fiscal year under this paragraph 

18 for— 

19 ‘‘(I) each of fiscal years 2015 

20 through 2017, that is more than 130 

21 percent of the allocation percentage of 

22 the local area for fiscal year 2013; 

23 and 

24 ‘‘(II) fiscal year 2018 and each 

25 succeeding fiscal year, that is more 


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1 than 130 percentage of the allocation 

2 percentage of the local area for the 

3 fiscal year preceding the fiscal year 

4 involved. 

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

6 the formula specified in this paragraph, the 

7 term ‘allocation percentage’— 

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

9 2013, means the percentage of the 

10 amounts allocated to local areas under title 

11 I of this Act, title V of the Older Ameri12 cans Act of 1965 (42 U.S.C. 3056 et seq.), 

13 the Women in Apprenticeship and Non14 traditional Occupations Act (29 U.S.C. 

15 2501 et seq.), sections 4103A and 4104 of 

16 title 38, United States Code, and sections 

17 1 through 14 of the Wagner-Peyser Act 

18 (29 U.S.C. 49 et seq.), as such provisions 

19 were in effect for fiscal year 2013, that is 

20 received under such provisions by the local 

21 area involved for fiscal year 2013; and 

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

23 2017 or a succeeding fiscal year, means 

24 the percentage of the amounts allocated to 

25 local areas under this paragraph for the 


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1 fiscal year, that is received under this 

2 paragraph by the local area involved for 

3 the fiscal year.’’; 

4 (3) in subsection (c)— 

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

6 follows: 

7 ‘‘(1) IN GENERAL.—The Governor may, in ac8 cordance with this subsection, reallocate to eligible 

9 local areas within the State amounts that are allo10 cated under subsection (b) for employment and 

11 training activities and that are available for realloca12 tion.’’; 

13 (B) in paragraph (2), by striking ‘‘para14 graph (2)(A) or (3) of subsection (b) for such 

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

16 such activities’’; 

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

18 follows: 

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

20 to eligible local areas of amounts available pursuant 

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

22 shall allocate to each eligible local area within the 

23 State an amount based on the relative amount allo24 cated to such local area under subsection (b)(2) for 

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1 pared to the total amount allocated to all eligible 

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

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

4 (D) in paragraph (4), by striking ‘‘para5 graph (2)(A) or (3) of’’; and 

6 (4) by adding at the end the following new sub7 section: 

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

9 amount allocated to a local area under this section for a 

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

11 be used by the local board involved for the administrative 

12 costs of carrying out local workforce investment activities 

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

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

15 ACTIVITIES. 

16 Section 134 (29 U.S.C. 2864) is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING AC20 TIVITIES.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) DISTRIBUTION OF STATEWIDE AC23 TIVITIES.—Funds reserved by a Governor for a 

24 State as described in section 133(a)(1) and not 


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1 reserved under paragraph (2) or (3) of section 

2 133(a)— 

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

4 statewide employment and training activi5 ties described in paragraph (2); and 

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

7 the statewide employment and training ac8 tivities described in paragraph (3). 

9 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI10 TIES AND ADDITIONAL ASSISTANCE.—Funds re11 served by a Governor for a State as described 

12 in section 133(a)(2) shall be used to provide the 

13 statewide rapid response activities and addi14 tional assistance described in paragraph (4). 

15 ‘‘(C) STATEWIDE GRANTS FOR INDIVID16 UALS WITH BARRIERS TO EMPLOYMENT.— 

17 Funds reserved by a Governor for a State as 

18 described in section 133(a)(3) shall be used to 

19 award statewide grants for individuals with bar20 riers to employment on a competitive basis, and 

21 carry out other activities, as described in para22 graph (5). 

23 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

24 TRAINING ACTIVITIES.—A State shall use funds re25 ferred to in paragraph (1)(A) to carry out statewide 


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1 employment and training activities, which shall in2 clude— 

3 ‘‘(A) disseminating the State list of eligible 

4 providers of training services described in sec5 tion 122(d), information identifying eligible pro6 viders of on-the-job training and customized 

7 training described in section 122(i), and per8 formance information and program cost infor9 mation described in section 122(b)(2); 

10 ‘‘(B) supporting the provision of work 

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

12 the one-stop delivery system; 

13 ‘‘(C) implementing strategies and services 

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

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

16 education and skills, recognized postsecondary 

17 credentials, and employment experience to suc18 ceed in the labor market; 

19 ‘‘(D) conducting evaluations under section 

20 136(e) of activities authorized under this chap21 ter in coordination with evaluations carried out 

22 by the Secretary under section 172; 

23 ‘‘(E) providing technical assistance to local 

24 areas that fail to meet local performance meas25 ures; 


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1 ‘‘(F) operating a fiscal and management 

2 accountability system under section 136(f); and 

3 ‘‘(G) carrying out monitoring and over4 sight of activities carried out under this chap5 ter. 

6 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT

7 AND TRAINING ACTIVITIES.—A State may use funds 

8 referred to in paragraph (1)(A) to carry out state9 wide employment and training activities which may 

10 include— 

11 ‘‘(A) implementing innovative programs 

12 and strategies designed to meet the needs of all 

13 employers in the State, including small employ14 ers, which may include incumbent worker train15 ing programs, sectoral and industry cluster 

16 strategies and partnership initiatives, career 

17 ladder programs, micro-enterprise and entrepre18 neurial training and support programs, utiliza19 tion of effective business intermediaries, activi20 ties to improve linkages between the one-stop 

21 delivery system in the State and all employers 

22 (including small employers) in the State, and 

23 other business services and strategies that bet24 ter engage employers in workforce investment 

25 activities and make the workforce investment 


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1 system more relevant to the needs of State and 

2 local businesses, consistent with the objectives 

3 of this title; 

4 ‘‘(B) providing incentive grants to local 

5 areas— 

6 ‘‘(i) for regional cooperation among 

7 local boards (including local boards in a 

8 designated region as described in section 

9 116(c)); 

10 ‘‘(ii) for local coordination of activities 

11 carried out under this Act; and 

12 ‘‘(iii) for exemplary performance by 

13 local areas on the local performance meas14 ures; 

15 ‘‘(C) developing strategies for effectively 

16 integrating programs and services among one17 stop partners; 

18 ‘‘(D) carrying out activities to facilitate re19 mote access to services provided through a one20 stop delivery system, including facilitating ac21 cess through the use of technology; 

22 ‘‘(E) incorporating pay-for-performance 

23 contract strategies as an element in funding ac24 tivities under this section and providing tech25 nical support to local areas and eligible proVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 viders in order to carry out such a strategy, 

2 which may involve providing assistance with 

3 data collection and data entry requirements; 

4 ‘‘(F) carrying out the State option under 

5 subsection (f)(8); and 

6 ‘‘(G) carrying out other activities author7 ized under this section that the State deter8 mines to be necessary to assist local areas in 

9 carrying out activities described in subsection 

10 (c) or (d) through the statewide workforce in11 vestment system. 

12 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES

13 AND ADDITIONAL ASSISTANCE.—A State shall use 

14 funds reserved as described in section 133(a)(2)— 

15 ‘‘(A) to carry out statewide rapid response 

16 activities, which shall include provision of rapid 

17 response activities, carried out in local areas by 

18 the State or by an entity designated by the 

19 State, working in conjunction with the local 

20 boards and the chief elected officials in the local 

21 areas; and 

22 ‘‘(B) to provide additional assistance to 

23 local areas that experience disasters, mass lay24 offs, or plant closings, or other events that pre25 cipitate substantial increases in the number of 


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1 unemployed individuals, carried out in local 

2 areas by the State or by an entity designated 

3 by the State, working in conjunction with the 

4 local boards and the chief elected officials in the 

5 local areas. 

6 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS

7 WITH BARRIERS TO EMPLOYMENT.— 

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

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

10 of a State— 

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

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

14 136(e) of, the programs carried out under 

15 this paragraph; and 

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

17 grants on a competitive basis to eligible en18 tities (that meet specific performance out19 comes and criteria established by the Gov20 ernor) described in subparagraph (B) to 

21 carry out employment and training pro22 grams authorized under this paragraph for 

23 individuals with barriers to employment. 


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1 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

2 purposes of this paragraph, the term ‘eligible 

3 entity’ means an entity that— 

4 ‘‘(i) is a— 

5 ‘‘(I) local board or a consortium 

6 of local boards; 

7 ‘‘(II) nonprofit entity, for-profit 

8 entity, or a consortium of nonprofit or 

9 for-profit entities; or 

10 ‘‘(III) consortium of the entities 

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

12 ‘‘(ii) has a demonstrated record of 

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

16 ‘‘(iii) agrees to be reimbursed pri17 marily on the basis of meeting specified 

18 performance outcomes and criteria estab19 lished by the Governor. 

20 ‘‘(C) GRANT PERIOD.— 

21 ‘‘(i) IN GENERAL.—A grant under 

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

24 ‘‘(ii) GRANT RENEWAL.—A Governor 

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1 tional 1-year periods, a grant awarded 

2 under this paragraph. 

3 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eli4 gible to participate in activities under this para5 graph, an individual shall be a low-income indi6 vidual age 16 or older. 

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

8 receiving a grant under this paragraph shall use 

9 the grant funds for programs of activities that 

10 are designed to assist eligible participants in 

11 obtaining employment and acquiring the edu12 cation and skills necessary to succeed in the 

13 labor market. To be eligible to receive a grant 

14 under this paragraph for an employment and 

15 training program, an eligible entity shall submit 

16 an application to a State at such time, in such 

17 manner, and containing such information as the 

18 State may require, including— 

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

21 aligned with the State plan submitted 

22 under section 112 and the local plan sub23 mitted under section 118, with respect to 

24 the area of the State that will be the focus 

25 of the program under this paragraph; 


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1 ‘‘(ii) a description of the educational 

2 and skills training programs and activities 

3 the eligible entity will provide to eligible 

4 participants under this paragraph; 

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

8 title in the provision of such programs and 

9 activities; 

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

11 demonstrated effectiveness on which the 

12 provision of such educational and skills 

13 training programs and activities are based, 

14 and a description of how such programs 

15 and activities will improve education and 

16 skills training for eligible participants; 

17 ‘‘(v) a description of the populations 

18 to be served and the skill needs of those 

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

22 ‘‘(vi) a description of the private, pub23 lic, local, and State resources that will be 

24 leveraged, with the grant funds provided, 

25 for the program under this paragraph, and 


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•S 1911 IS

1 how the entity will ensure the sustain2 ability of such program after grant funds 

3 are no longer available; 

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

5 the involvement of employers in such pro6 gram; 

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

8 performance the eligible entity expects to 

9 achieve with respect to the indicators of 

10 performance for all individuals specified in 

11 section 136(b)(2); 

12 ‘‘(ix) a detailed budget and a descrip13 tion of the system of fiscal controls, and 

14 auditing and accountability procedures, 

15 that will be used to ensure fiscal soundness 

16 for the program provided under this para17 graph; and 

18 ‘‘(x) any other criteria the Governor 

19 may require.’’; 

20 (2) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI23 TIES.—Funds allocated to a local area under section 

24 133(b)— 


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

2 training activities described in subsection (c); and 

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

4 training activities described in subsection (d).’’; 

5 (3) by striking subsection (c); 

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

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

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

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

10 follows: 

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

12 area under section 133(b) shall be used— 

13 ‘‘(A) to establish a one-stop delivery sys14 tem as described in section 121(e); 

15 ‘‘(B) to provide the work ready services de16 scribed in paragraph (2) through the one-stop 

17 delivery system in accordance with such para18 graph; and 

19 ‘‘(C) to provide training services described 

20 in paragraph (4) in accordance with such para21 graph.’’; 

22 (B) in paragraph (2)— 

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

24 SERVICES’’ and inserting ‘‘WORK READY

25 SERVICES’’; 


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1 (ii) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘(1)(A)’’ and in4 serting ‘‘(1)’’; 

5 (II) by striking ‘‘core services’’ 

6 and inserting ‘‘work ready services’’; 

7 and 

8 (III) by striking ‘‘who are adults 

9 or dislocated workers’’; 

10 (iii) by redesignating subparagraph 

11 (K) as subparagraph (V); 

12 (iv) by redesignating subparagraphs 

13 (B) through (J) as subparagraphs (C) 

14 through (K), respectively; 

15 (v) by inserting after subparagraph 

16 (A) the following: 

17 ‘‘(B) assistance in obtaining eligibility de18 terminations under the other one-stop partner 

19 programs through activities, where appropriate 

20 and consistent with the authorizing statute of 

21 the one-stop partner program involved, such as 

22 assisting in— 

23 ‘‘(i) the submission of applications; 

24 ‘‘(ii) the provision of information on 

25 the results of such applications; and 


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1 ‘‘(iii) the provision of intake services 

2 and information;’’; 

3 (vi) by amending subparagraph (E), 

4 as so redesignated, to read as follows: 

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

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

9 ‘‘(ii) appropriate recruitment services 

10 for employers, including small employers, 

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

13 provision of information and referral to 

14 specialized business services not tradition15 ally offered through the one-stop delivery 

16 system; and 

17 ‘‘(iii) reemployment services provided 

18 to unemployment claimants, including 

19 claimants identified as in need of such 

20 services under the worker profiling system 

21 established under section 303(j) of the So22 cial Security Act (42 U.S.C. 503(j));’’; 

23 (vii) in subparagraph (F), as so redes24 ignated, by striking ‘‘employment statisVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 tics’’ and inserting ‘‘workforce and labor 

2 market’’; 

3 (viii) in subparagraph (G), as so re4 designated, by striking ‘‘and eligible pro5 viders of youth activities described in sec6 tion 123,’’; 

7 (ix) in subparagraph (H), as so redes8 ignated, by inserting ‘‘under section 136’’ 

9 after ‘‘local performance measures’’; 

10 (x) in subparagraph (J), as so redes11 ignated, by inserting ‘‘and information re12 garding the administration of the work test 

13 for the unemployment compensation sys14 tem’’ after ‘‘compensation’’; 

15 (xi) by amending subparagraph (K), 

16 as so redesignated, to read as follows: 

17 ‘‘(K) assistance in establishing eligibility 

18 for programs of financial aid assistance for edu19 cation and training programs that are not fund20 ed under this Act and are available in the local 

21 area;’’; and 

22 (xii) by inserting the following new 

23 subparagraphs after subparagraph (K), as 

24 so redesignated: 


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1 ‘‘(L) the provision of information from of2 ficial publications of the Internal Revenue Serv3 ice regarding Federal tax credits, available to 

4 participants in employment and training activi5 ties, and relating to education, job training, and 

6 employment; 

7 ‘‘(M) comprehensive and specialized assess8 ments of the skill levels and service needs of 

9 workers, which may include— 

10 ‘‘(i) diagnostic testing and use of 

11 other assessment tools; and 

12 ‘‘(ii) in-depth interviewing and evalua13 tion to identify employment barriers and 

14 appropriate employment goals; 

15 ‘‘(N) development of an individual employ16 ment plan, to identify the employment goals, 

17 appropriate achievement objectives, and appro18 priate combination of services for the partici19 pant; 

20 ‘‘(O) group counseling; 

21 ‘‘(P) individual counseling and career plan22 ning; 

23 ‘‘(Q) case management; 

24 ‘‘(R) short-term pre-career services, includ25 ing development of learning skills, communicaVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 tions skills, interviewing skills, punctuality, per2 sonal maintenance skills, and professional con3 duct, to prepare individuals for unsubsidized 

4 employment or training; 

5 ‘‘(S) internships and work experience; 

6 ‘‘(T) literacy activities relating to basic 

7 work readiness, information and communication 

8 technology literacy activities, and financial lit9 eracy activities, if the activities involved are not 

10 available to participants in the local area under 

11 programs administered under the Adult Edu12 cation and Family Literacy Act (20 U.S.C. 

13 2901 et seq.); 

14 ‘‘(U) out-of-area job search assistance and 

15 relocation assistance; and’’; 

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

17 follows: 

18 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

19 services described in paragraph (2) shall be provided 

20 through the one-stop delivery system and may be 

21 provided through contracts with public, private for22 profit, and private nonprofit service providers, ap23 proved by the local board.’’; and 

24 (D) in paragraph (4)— 


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1 (i) by amending subparagraph (A) to 

2 read as follows: 

3 ‘‘(A) IN GENERAL.—Funds described in 

4 paragraph (1)(C) shall be used to provide train5 ing services to individuals who— 

6 ‘‘(i) after an interview, evaluation, or 

7 assessment, and case management, have 

8 been determined by a one-stop operator or 

9 one-stop partner, as appropriate, to— 

10 ‘‘(I) be in need of training serv11 ices to obtain or retain employment; 

12 and 

13 ‘‘(II) have the skills and quali14 fications to successfully participate in 

15 the selected program of training serv16 ices; 

17 ‘‘(ii) select programs of training serv18 ices that are directly linked to the employ19 ment opportunities in the local area in20 volved or in another area in which the indi21 vidual receiving such services are willing to 

22 commute or relocate; and 

23 ‘‘(iii) who meet the requirements of 

24 subparagraph (B).’’; 


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1 (ii) in subparagraph (B)(i), by strik2 ing ‘‘Except’’ and inserting ‘‘Notwith3 standing section 479B of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1087uu) 

5 and except’’; 

6 (iii) by amending subparagraph (D) to 

7 read as follows: 

8 ‘‘(D) TRAINING SERVICES.—Training serv9 ices authorized under this paragraph may in10 clude— 

11 ‘‘(i) occupational skills training; 

12 ‘‘(ii) on-the-job training; 

13 ‘‘(iii) skill upgrading and retraining; 

14 ‘‘(iv) entrepreneurial training; 

15 ‘‘(v) education activities leading to a 

16 regular secondary school diploma or its 

17 recognized equivalent in combination with, 

18 concurrently or subsequently, occupational 

19 skills training; 

20 ‘‘(vi) adult education and family lit21 eracy education activities provided in con22 junction with other training services au23 thorized under this subparagraph; 

24 ‘‘(vii) workplace training combined 

25 with related instruction; 


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1 ‘‘(viii) occupational skills training that 

2 incorporates English language acquisition; 

3 ‘‘(ix) customized training conducted 

4 with a commitment by an employer or 

5 group of employers to employ an individual 

6 upon successful completion of the training; 

7 and 

8 ‘‘(x) training programs operated by 

9 the private sector.’’; 

10 (iv) by striking subparagraph (E) and 

11 redesignating subparagraphs (F) and (G) 

12 as subparagraphs (E) and (F), respec13 tively; 

14 (v) in subparagraph (E) (as so redes15 ignated)— 

16 (I) in clause (ii)— 

17 (aa) in the matter preceding 

18 subclause (I), by striking ‘‘sub19 section (c)’’ and inserting ‘‘sec20 tion 121’’; 

21 (bb) in subclause (I), by 

22 striking ‘‘section 122(e)’’ and in23 serting ‘‘section 122(d)’’ and by 

24 striking ‘‘section 122(h)’’ and in25 serting ‘‘section 122(i)’’; and 


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•S 1911 IS

1 (cc) in subclause (II), by 

2 striking ‘‘subsections (e) and 

3 (h)’’ and inserting ‘‘subsections 

4 (d) and (i)’’; and 

5 (II) by striking clause (iii) and 

6 inserting the following: 

7 ‘‘(iii) CAREER ENHANCEMENT AC8 COUNTS.—An individual who seeks train9 ing services and who is eligible pursuant to 

10 subparagraph (A), may, in consultation 

11 with a case manager, select an eligible pro12 vider of training services from the list or 

13 identifying information for providers de14 scribed in clause (ii)(I). Upon such selec15 tion, the one-stop operator involved shall, 

16 to the extent practicable, refer such indi17 vidual to the eligible provider of training 

18 services, and arrange for payment for such 

19 services through a career enhancement ac20 count. 

21 ‘‘(iv) COORDINATION.—Each local 

22 board may, through one-stop centers, co23 ordinate career enhancement accounts with 

24 other Federal, State, local, or private job 

25 training programs or sources to assist the 


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•S 1911 IS

1 individual in obtaining training services 

2 from (notwithstanding any provision of 

3 this title) eligible providers for those pro4 grams and sources. 

5 ‘‘(v) ASSISTANCE.—Each local board 

6 may, through one-stop centers, assist indi7 viduals receiving career enhancement ac8 counts in obtaining funds (in addition to 

9 the funds provided under this section) 

10 from other programs and sources that will 

11 assist the individual in obtaining training 

12 services.’’; and 

13 (vi) in subparagraph (F) (as so redes14 ignated)— 

15 (I) in the subparagraph heading, 

16 by striking ‘‘INDIVIDUAL TRAINING

17 ACCOUNTS’’ and inserting ‘‘CAREER

18 ENHANCEMENT ACCOUNTS’’; 

19 (II) in clause (i), by striking ‘‘in20 dividual training accounts’’ and in21 serting ‘‘career enhancement ac22 counts’’; 

23 (III) in clause (ii)— 

24 (aa) by striking ‘‘an indi25 vidual training account’’ and inVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 serting ‘‘a career enhancement 

2 account’’; 

3 (bb) by striking ‘‘subpara4 graph (F)’’ and inserting ‘‘sub5 paragraph (E)’’; 

6 (cc) in subclause (II), by 

7 striking ‘‘individual training ac8 counts’’ and inserting ‘‘career en9 hancement accounts’’; 

10 (dd) in subclause (II), by 

11 striking ‘‘or’’ after the semicolon; 

12 (ee) in subclause (III), by 

13 striking the period and inserting 

14 ‘‘; or’’; and 

15 (ff) by adding at the end the 

16 following: 

17 ‘‘(IV) the local board determines 

18 that it would be most appropriate to 

19 award a contract to a postsecondary 

20 educational institution that has been 

21 identified as a priority eligible pro22 vider under section 117(d)(5)(B) in 

23 order to facilitate the training of mul24 tiple individuals in in-demand indus25 tries or occupations important to the 


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•S 1911 IS

1 State or local economy, that such con2 tract may be used to enable the ex3 pansion of programs provided by a 

4 priority eligible provider, and that 

5 such contract does not limit customer 

6 choice.’’; 

7 (IV) in clause (iii), by striking 

8 ‘‘adult or dislocated worker’’ and in9 serting ‘‘individual’’; and 

10 (V) in clause (iv)— 

11 (aa) by redesignating sub12 clause (IV) as subclause (V); and 

13 (bb) by inserting after sub14 clause (III) the following: 

15 ‘‘(IV) Individuals with disabil16 ities.’’; 

17 (6) in subsection (d) (as so redesignated)— 

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

19 follows: 

20 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC21 TIVITIES.— 

22 ‘‘(A) IN GENERAL.—Funds allocated to a 

23 local area under section 133(b)(2) may be used 

24 to provide, through the one-stop delivery sys25 tem— 


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1 ‘‘(i) customized screening and referral 

2 of qualified participants in training serv3 ices to employers; 

4 ‘‘(ii) customized employment-related 

5 services to employers on a fee-for-service 

6 basis; 

7 ‘‘(iii) customer supports, including 

8 transportation and child care, to navigate 

9 among multiple services and activities for 

10 special participant populations that face 

11 multiple barriers to employment, including 

12 individuals with disabilities; 

13 ‘‘(iv) employment and training assist14 ance provided in coordination with child 

15 support enforcement activities of the State 

16 agency carrying out subtitle D of title IV 

17 of the Social Security Act (42 U.S.C. 651 

18 et seq.); 

19 ‘‘(v) incorporation of pay-for-perform20 ance contract strategies as an element in 

21 funding activities under this section; 

22 ‘‘(vi) activities to facilitate remote ac23 cess to services provided through a one24 stop delivery system, including facilitating 

25 access through the use of technology; and 


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•S 1911 IS

1 ‘‘(vii) activities to carry out business 

2 services and strategies that meet the work3 force investment needs of local area em4 ployers, as determined by the local board, 

5 consistent with the local plan under section 

6 118.’’; 

7 (B) by striking paragraphs (2) and (3); 

8 and 

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

10 ‘‘(2) INCUMBENT WORKER TRAINING PRO11 GRAMS.— 

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

13 use funds allocated to a local area under section 

14 133(b)(2) to carry out incumbent worker train15 ing programs in accordance with this para16 graph. 

17 ‘‘(B) TRAINING ACTIVITIES.—The training 

18 programs for incumbent workers under this 

19 paragraph shall be carried out by the local area 

20 in conjunction with the employers of such work21 ers for the purpose of assisting such workers in 

22 obtaining the skills necessary to retain employ23 ment and avert layoffs. 

24 ‘‘(C) EMPLOYER MATCH REQUIRED.— 


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1 ‘‘(i) IN GENERAL.—Employers partici2 pating in programs under this paragraph 

3 shall be required to pay a proportion of the 

4 costs of providing the training to the in5 cumbent workers of the employers. The 

6 local board shall establish the required 

7 payment toward such costs, which may in8 clude in-kind contributions. 

9 ‘‘(ii) CALCULATION OF MATCH.—The 

10 wages paid by an employer to a worker 

11 while they are attending training may be 

12 included as part of the required payment 

13 of the employer.’’; and 

14 (7) by adding at the end the following: 

15 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

16 JOBS.—In providing employment and training activities 

17 authorized under this section, the State board and local 

18 board shall give priority to placing participants in jobs in 

19 the private sector. 

20 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (8), a 

22 local board shall hire and employ one or more vet23 eran employment specialists to carry out employ24 ment, training, supportive, and placement services 


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1 under this subsection in the local area served by the 

2 local board. 

3 ‘‘(2) PRINCIPAL DUTIES.—A veteran employ4 ment specialist in a local area shall— 

5 ‘‘(A) conduct outreach to employers in the 

6 local area to assist veterans, including disabled 

7 veterans, in gaining employment, including— 

8 ‘‘(i) conducting seminars for employ9 ers; and 

10 ‘‘(ii) in conjunction with employers, 

11 conducting job search workshops, and es12 tablishing job search groups; and 

13 ‘‘(B) facilitate the furnishing of employ14 ment, training, supportive, and placement serv15 ices to veterans, including disabled and home16 less veterans, in the local area. 

17 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

18 INDIVIDUALS WITH EXPERTISE IN SERVING VET19 ERANS.—Subject to paragraph (8), a local board 

20 shall, to the maximum extent practicable, employ 

21 veterans or individuals with expertise in serving vet22 erans to carry out the services described in para23 graph (2) in the local area served by the local board. 

24 In hiring an individual to serve as a veteran employVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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•S 1911 IS

1 ment specialist, a local board shall give preference to 

2 veterans and other individuals in the following order: 

3 ‘‘(A) To service-connected disabled vet4 erans. 

5 ‘‘(B) If no veteran described in subpara6 graph (A) is available, to veterans. 

7 ‘‘(C) If no veteran described in subpara8 graph (A) or (B) is available, to any member of 

9 the Armed Forces transitioning out of military 

10 service. 

11 ‘‘(D) If no veteran or member described in 

12 subparagraph (A), (B), or (C) is available, to 

13 any spouse of a veteran or a spouse of a mem14 ber of the Armed Forces transitioning out of 

15 military service. 

16 ‘‘(E) If no veteran or member described in 

17 subparagraph (A), (B), or (C) is available and 

18 no spouse described in paragraph (D) is avail19 able, to any other individuals with expertise in 

20 serving veterans. 

21 ‘‘(4) ADMINISTRATION AND REPORTING.— 

22 ‘‘(A) IN GENERAL.—Each veteran employ23 ment specialist shall be administratively respon24 sible to the one-stop operator of the one-stop 

25 center in the local area and shall provide, at a 


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•S 1911 IS

1 minimum, quarterly reports to the one-stop op2 erator of such center and to the Assistant Sec3 retary for Veterans’ Employment and Training 

4 for the State on the specialist’s performance, 

5 and compliance by the specialist with Federal 

6 law (including regulations), with respect to 

7 the— 

8 ‘‘(i) principal duties (including facili9 tating the furnishing of services) for vet10 erans described in paragraph (2); and 

11 ‘‘(ii) hiring preferences described in 

12 paragraph (3) for veterans and other indi13 viduals. 

14 ‘‘(B) REPORT TO SECRETARY.—Each 

15 State shall submit to the Secretary an annual 

16 report on the qualifications used by each local 

17 board in the State in making hiring determina18 tions for a veteran employment specialist and 

19 the salary structure under which such specialist 

20 is compensated. 

21 ‘‘(C) REPORT TO CONGRESS.—The Sec22 retary shall submit to the Committee on Edu23 cation and the Workforce and the Committee 

24 on Veterans’ Affairs of the House of Represent25 atives and the Committee on Health, EduVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 cation, Labor, and Pensions and the Committee 

2 on Veterans’ Affairs of the Senate an annual 

3 report summarizing the reports submitted 

4 under subparagraph (B), and including sum5 maries of outcomes achieved by participating 

6 veterans, disaggregated by local areas. 

7 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet8 eran employment specialist shall perform the func9 tions of a veteran employment specialist under this 

10 subsection on a halftime basis. 

11 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

12 employment specialist described in paragraph (2) 

13 shall satisfactorily complete training provided by the 

14 National Veterans’ Employment and Training Insti15 tute during the 3-year period that begins on the date 

16 on which the employee is so assigned. 

17 ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet18 eran employment specialist shall perform only duties 

19 related to employment, training, supportive, and 

20 placement services under this subsection, and shall 

21 not perform other non-veteran-related duties if such 

22 duties detract from the specialist’s ability to perform 

23 the specialist’s duties related to employment, train24 ing, supportive, and placement services under this 

25 subsection. 


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1 ‘‘(8) STATE OPTION.—At the request of a local 

2 board, a State may opt to assume the duties as3 signed to the local board under paragraphs (1) and 

4 (3), including the hiring and employment of one or 

5 more veteran employment specialists for placement 

6 in the local area served by the local board.’’. 

7 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

8 Section 136 (29 U.S.C. 2871) is amended— 

9 (1) in subsection (b)— 

10 (A) by amending paragraphs (1) and (2) 

11 to read as follows: 

12 ‘‘(1) IN GENERAL.—For each State, the State 

13 performance measures shall consist of— 

14 ‘‘(A)(i) the core indicators of performance 

15 described in paragraph (2)(A); and 

16 ‘‘(ii) additional indicators of performance 

17 (if any) identified by the State under paragraph 

18 (2)(B); and 

19 ‘‘(B) a State adjusted level of performance 

20 for each indicator described in subparagraph 

21 (A). 

22 ‘‘(2) INDICATORS OF PERFORMANCE.— 

23 ‘‘(A) CORE INDICATORS OF PERFORM24 ANCE.— 


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1 ‘‘(i) IN GENERAL.—The core indica2 tors of performance for the program of em3 ployment and training activities authorized 

4 under sections 132(a)(2) and 134, the pro5 gram of adult education and family literacy 

6 education activities authorized under title 

7 II, and the program authorized under title 

8 I of the Rehabilitation Act of 1973 (29 

9 U.S.C. 720 et seq.), other than section 112 

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

11 741), shall consist of the following indica12 tors of performance (with performance de13 termined in the aggregate and as 

14 disaggregated by the populations identified 

15 in the State and local plan in each case): 

16 ‘‘(I) The percentage and number 

17 of program participants who are in 

18 unsubsidized employment during the 

19 second full calendar quarter after exit 

20 from the program. 

21 ‘‘(II) The percentage and number 

22 of program participants who are in 

23 unsubsidized employment during the 

24 fourth full calendar quarter after exit 

25 from the program. 


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1 ‘‘(III) The difference in the me2 dian earnings of program participants 

3 who are in unsubsidized employment 

4 during the second full calendar quar5 ter after exit from the program, com6 pared to the median earnings of such 

7 participants prior to participation in 

8 such program. 

9 ‘‘(IV) The percentage and num10 ber of program participants who ob11 tain a recognized postsecondary cre12 dential (such as an industry-recog13 nized credential or a certificate from a 

14 registered apprenticeship program), or 

15 a regular secondary school diploma or 

16 its recognized equivalent (subject to 

17 clause (ii)), during participation in or 

18 within 1 year after exit from the pro19 gram. 

20 ‘‘(V) The percentage and number 

21 of program participants who, during a 

22 program year— 

23 ‘‘(aa) are in an education or 

24 training program that leads to a 

25 recognized postsecondary credenVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 tial (such as an industry-recog2 nized credential or a certificate 

3 from a registered apprenticeship 

4 program), a certificate from an 

5 on-the-job training program, a 

6 regular secondary school diploma 

7 or its recognized equivalent, or 

8 unsubsidized employment; and 

9 ‘‘(bb) are achieving measur10 able basic skill gains toward such 

11 a credential, certificate, diploma, 

12 or employment. 

13 ‘‘(VI) The percentage and num14 ber of program participants who ob15 tain unsubsidized employment in the 

16 field relating to the training services 

17 described in section 134(c)(4) that 

18 such participants received. 

19 ‘‘(ii) INDICATOR RELATING TO CRE20 DENTIAL.—For purposes of clause (i)(IV), 

21 program participants who obtain a regular 

22 secondary school diploma or its recognized 

23 equivalent shall be included in the percent24 age counted as meeting the criterion under 

25 such clause only if such participants (in 


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•S 1911 IS

1 addition to obtaining such diploma or its 

2 recognized equivalent), within 1 year after 

3 exit from the program, have obtained or 

4 retained employment, have been removed 

5 from public assistance, or have begun an 

6 education or training program leading to a 

7 recognized postsecondary credential. 

8 ‘‘(B) ADDITIONAL INDICATORS.—A State 

9 may identify in the State plan additional indica10 tors for workforce investment activities author11 ized under this subtitle.’’; and 

12 (B) in paragraph (3)— 

13 (i) in subparagraph (A)— 

14 (I) in the heading, by striking 

15 ‘‘AND CUSTOMER SATISFACTION INDI16 CATOR’’; 

17 (II) in clause (i), by striking 

18 ‘‘and the customer satisfaction indi19 cator described in paragraph (2)(B)’’; 

20 (III) in clause (ii), by striking 

21 ‘‘and the customer satisfaction indi22 cator of performance, for the first 3’’ 

23 and inserting ‘‘, for all 3’’; 

24 (IV) in clause (iii)— 


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1 (aa) in the heading, by 

2 striking ‘‘FOR FIRST 3 YEARS’’; 

3 and 

4 (bb) by striking ‘‘and the 

5 customer satisfaction indicator of 

6 performance, for the first 3 pro7 gram years’’ and inserting ‘‘for 

8 all 3 program years’’; 

9 (V) in clause (iv)— 

10 (aa) by striking ‘‘or (v)’’; 

11 (bb) by striking subclause 

12 (I) and redesignating subclauses 

13 (II) and (III) as subclauses (I) 

14 and (II), respectively; and 

15 (cc) in subclause (I) (as so 

16 redesignated)— 

17 (AA) by inserting ‘‘, 

18 such as unemployment rates 

19 and job losses or gains in 

20 particular industries’’ after 

21 ‘‘economic conditions’’; and 

22 (BB) by inserting ‘‘, 

23 such as indicators of poor 

24 work experience, dislocation 

25 from high-wage employment, 


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1 low levels of literacy or 

2 English proficiency, dis3 ability status (including dis4 ability status among vet5 erans), and welfare depend6 ency,’’ after ‘‘program’’; 

7 (VI) by striking clause (v) and 

8 redesignating clause (vi) as clause (v); 

9 and 

10 (VII) in clause (v) (as so redesig11 nated)— 

12 (aa) by striking ‘‘described 

13 in clause (iv)(II)’’ and inserting 

14 ‘‘described in clause (iv)(I)’’; and 

15 (bb) by striking ‘‘or (v)’’; 

16 and 

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

18 ‘‘paragraph (2)(C)’’ and inserting ‘‘para19 graph (2)(B)’’; 

20 (2) in subsection (c)— 

21 (A) by amending clause (i) of paragraph 

22 (1)(A) to read as follows: 

23 ‘‘(i) the core indicators of performance de24 scribed in subsection (b)(2)(A) for activities deVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 scribed in such subsection, other than statewide 

2 workforce investment activities; and’’; 

3 (B) in clause (ii) of paragraph (1)(A), by 

4 striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; 

5 and 

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

7 follows: 

8 ‘‘(3) DETERMINATIONS.—In determining such 

9 local levels of performance, the local board, the chief 

10 elected official, and the Governor shall ensure such 

11 levels are adjusted based on the specific economic 

12 conditions (such as unemployment rates and job 

13 losses or gains in particular industries), or demo14 graphic characteristics or other characteristics of the 

15 population to be served, in the local area.’’; 

16 (3) in subsection (d)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘127 or’’; 

19 (ii) by striking ‘‘and the customer sat20 isfaction indicator’’ each place it appears; 

21 and 

22 (iii) in the last sentence, by inserting 

23 before the period the following: ‘‘, and on 

24 the amount and percentage of the State’s 

25 annual allotment under section 132 the 


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1 State spends on administrative costs and 

2 on the amount and percentage of its an3 nual allocation under section 133 each 

4 local area in the State spends on adminis5 trative costs’’; 

6 (B) in paragraph (2)— 

7 (i) by striking subparagraphs (A), 

8 (B), and (D); 

9 (ii) by redesignating subparagraph 

10 (C) as subparagraph (A); 

11 (iii) by redesignating subparagraph 

12 (E) as subparagraph (B); 

13 (iv) in subparagraph (B), as so redes14 ignated— 

15 (I) by striking ‘‘(excluding par16 ticipants who received only self-service 

17 and informational activities)’’; and 

18 (II) by striking ‘‘and’’ at the end; 

19 (v) by striking subparagraph (F); and 

20 (vi) by adding at the end the fol21 lowing: 

22 ‘‘(C) with respect to each local area in the 

23 State— 

24 ‘‘(i) the number of individuals who re25 ceived work ready services described in secVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 tion 134(c)(2) and the number of individ2 uals who received training services de3 scribed in section 134(c)(4), during the 

4 most recent program year and fiscal year, 

5 and the preceding 5 program years, 

6 disaggregated (for individuals who received 

7 work ready services) by the type of entity 

8 that provided the work ready services and 

9 disaggregated (for individuals who received 

10 training services) by the type of entity that 

11 provided the training services, and the 

12 amount of funds spent on each of the 2 

13 types of services during the most recent 

14 program year and fiscal year, and the pre15 ceding 5 fiscal years; 

16 ‘‘(ii) the number of individuals who 

17 successfully exited out of work ready serv18 ices described in section 134(c)(2) and the 

19 number of individuals who exited out of 

20 training services described in section 

21 134(c)(4), during the most recent program 

22 year and fiscal year, and the preceding 5 

23 program years, disaggregated (for individ24 uals who received work ready services) by 

25 the type of entity that provided the work 


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1 ready services and disaggregated (for indi2 viduals who received training services) by 

3 the type of entity that provided the train4 ing services; and 

5 ‘‘(iii) the average cost per participant 

6 of those individuals who received work 

7 ready services described in section 

8 134(c)(2) and the average cost per partici9 pant of those individuals who received 

10 training services described in section 

11 134(c)(4), during the most recent program 

12 year and fiscal year, and the preceding 5 

13 program years, disaggregated (for individ14 uals who received work ready services) by 

15 the type of entity that provided the work 

16 ready services and disaggregated (for indi17 viduals who received training services) by 

18 the type of entity that provided the train19 ing services; and 

20 ‘‘(D) the amount of funds spent on train21 ing services and discretionary activities de22 scribed in section 134(d), disaggregated by the 

23 populations identified under section 

24 112(b)(16)(A)(iv) and section 118(b)(10).’’; 


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1 (C) in paragraph (3)(A), by striking 

2 ‘‘through publication’’ and inserting ‘‘through 

3 electronic means’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(4) DATA VALIDATION.—In preparing the re6 ports described in this subsection, each State shall 

7 establish procedures, consistent with guidelines 

8 issued by the Secretary, to ensure the information 

9 contained in the reports is valid and reliable. 

10 ‘‘(5) STATE AND LOCAL POLICIES.— 

11 ‘‘(A) STATE POLICIES.—Each State that 

12 receives an allotment under section 132 shall 

13 maintain a central repository of policies related 

14 to access, eligibility, availability of services, and 

15 other matters, and plans approved by the State 

16 board and make such repository available to the 

17 public, including by electronic means. 

18 ‘‘(B) LOCAL POLICIES.—Each local area 

19 that receives an allotment under section 133 

20 shall maintain a central repository of policies 

21 related to access, eligibility, availability of serv22 ices, and other matters, and plans approved by 

23 the local board and make such repository avail24 able to the public, including by electronic 

25 means.’’; 


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1 (4) in subsection (g)— 

2 (A) in paragraph (1)— 

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

4 ‘‘or (B)’’; and 

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

6 ‘‘may reduce by not more than 5 percent,’’ 

7 and inserting ‘‘shall reduce’’; and 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) FUNDS RESULTING FROM REDUCED AL11 LOTMENTS.—The Secretary shall return to the 

12 Treasury the amount retained, as a result of a re13 duction in an allotment to a State made under para14 graph (1)(B).’’; 

15 (5) in subsection (h)— 

16 (A) in paragraph (1), by striking ‘‘or (B)’’; 

17 and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A), by amending 

20 the matter preceding clause (i) to read as 

21 follows: 

22 ‘‘(A) IN GENERAL.—If such failure con23 tinues for a second consecutive year, the Gov24 ernor shall take corrective actions, including the 


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1 development of a reorganization plan. Such 

2 plan shall—’’; 

3 (ii) by redesignating subparagraphs 

4 (B) and (C) as subparagraphs (C) and 

5 (D), respectively; 

6 (iii) by inserting after subparagraph 

7 (A), the following: 

8 ‘‘(B) REDUCTION IN THE AMOUNT OF

9 GRANT.—If such failure continues for a third 

10 consecutive year, the Governor shall reduce the 

11 amount of the grant that would (in the absence 

12 of this subparagraph) be payable to the local 

13 area under such program for the program year 

14 after such third consecutive year. Such penalty 

15 shall be based on the degree of failure to meet 

16 local levels of performance.’’; 

17 (iv) in subparagraph (C)(i) (as so re18 designated), by striking ‘‘a reorganization 

19 plan under subparagraph (A) may, not 

20 later than 30 days after receiving notice of 

21 the reorganization plan, appeal to the Gov22 ernor to rescind or revise such plan’’ and 

23 inserting ‘‘corrective action under subpara24 graph (A) or (B) may, not later than 30 

25 days after receiving notice of the action, 


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1 appeal to the Governor to rescind or revise 

2 such action’’; and 

3 (v) in subparagraph (D) (as so redes4 ignated), by striking ‘‘subparagraph (B)’’ 

5 each place it appears and inserting ‘‘sub6 paragraph (C)’’; 

7 (6) in subsection (i)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (B), by striking 

10 ‘‘subsection (b)(2)(C)’’ and inserting ‘‘sub11 section (b)(2)(B)’’; and 

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

13 ‘‘(b)(3)(A)(vi)’’ and inserting 

14 ‘‘(b)(3)(A)(v)’’; 

15 (B) in paragraph (2), by striking ‘‘the ac16 tivities described in section 502 concerning’’; 

17 and 

18 (C) in paragraph (3), by striking ‘‘de19 scribed in paragraph (1) and in the activities 

20 described in section 502’’ and inserting ‘‘and 

21 activities described in this subsection’’; and 

22 (7) by adding at the end the following new sub23 sections: 

24 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO25 GRAMS.—Consistent with the requirements of the applicaVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 ble authorizing laws, the Secretary shall use the core indi2 cators of performance described in subsection (b)(2)(A) to 

3 assess the effectiveness of the programs described in sec4 tion 121(b)(1)(B) (in addition to the programs carried out 

5 under chapter 5) that are carried out by the Secretary. 

6 ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE INCEN7 TIVES.— 

8 ‘‘(1) IN GENERAL.—At the discretion of the 

9 Governor of a State, a State may establish an incen10 tive system for local boards to implement pay-for11 performance contract strategies for the delivery of 

12 employment and training activities in the local areas 

13 served by the local boards. 

14 ‘‘(2) IMPLEMENTATION.—A State that estab15 lishes a pay-for-performance incentive system shall 

16 reserve not more than 10 percent of the total 

17 amount allotted to the State under section 132(b)(2) 

18 for a fiscal year to provide funds to local areas in 

19 the State whose local boards have implemented a 

20 pay-for-performance contract strategy. 

21 ‘‘(3) EVALUATIONS.—A State described in 

22 paragraph (2) shall use funds reserved by the State 

23 under section 133(a)(1) to evaluate the return on in24 vestment of pay-for-performance contract strategies 

25 implemented by local boards in the State.’’. 


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1 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 137 (29 U.S.C. 2872) is amended to read as 

3 follows: 

4 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 the activities described in section 132, $5,945,639,000 for 

7 fiscal year 2015 and each of the 6 succeeding fiscal 

8 years.’’. 

9 Subtitle C—Job Corps 

10 SEC. 116. JOB CORPS PURPOSES. 

11 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) 

12 is amended to read as follows: 

13 ‘‘(1) to maintain a national Job Corps program 

14 for at-risk youth, carried out in partnership with 

15 States and communities, to assist eligible youth to 

16 connect to the workforce by providing them with in17 tensive academic, career and technical education, 

18 and service-learning opportunities, in residential and 

19 nonresidential centers, in order for such youth to ob20 tain regular secondary school diplomas and recog21 nized postsecondary credentials leading to successful 

22 careers in in-demand industries that will result in 

23 opportunities for advancement;’’. 

24 SEC. 117. JOB CORPS DEFINITIONS. 

25 Section 142 (29 U.S.C. 2882) is amended— 

26 (1) in paragraph (2)— 


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1 (A) in the paragraph heading, by striking 

2 ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE3 STOP’’; 

4 (B) by striking ‘‘applicable’’; 

5 (C) by striking ‘‘customer service’’; and 

6 (D) by striking ‘‘intake’’ and inserting ‘‘as7 sessment’’; 

8 (2) in paragraph (4), by striking ‘‘before com9 pleting the requirements’’ and all that follows and 

10 inserting ‘‘prior to becoming a graduate.’’; and 

11 (3) in paragraph (5), by striking ‘‘has com12 pleted the requirements’’ and all that follows and in13 serting the following: ‘‘who, as a result of participa14 tion in the Job Corps program, has received a reg15 ular secondary school diploma, completed the re16 quirements of a career and technical education and 

17 training program, or received, or is making satisfac18 tory progress (as defined under section 484(c) of the 

19 Higher Education Act of 1965 (20 U.S.C. 1091(c))) 

20 toward receiving, a recognized postsecondary creden21 tial (including an industry-recognized credential) 

22 that prepares individuals for employment leading to 

23 economic self-sufficiency.’’. 

24 SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

25 Section 144 (29 U.S.C. 2884) is amended— 


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

3 ‘‘(1) not less than age 16 and not more than 

4 age 24 on the date of enrollment;’’; 

5 (2) in paragraph (3)(B), by inserting ‘‘sec6 ondary’’ before ‘‘school’’; and 

7 (3) in paragraph (3)(E), by striking ‘‘voca8 tional’’ and inserting ‘‘career and technical edu9 cation and’’. 

10 SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND AS11 SIGNMENT OF ENROLLEES. 

12 Section 145 (29 U.S.C. 2885) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2)(C)(i) by striking ‘‘vo15 cational’’ and inserting ‘‘career and technical 

16 education and training’’; and 

17 (B) in paragraph (3)— 

18 (i) by striking ‘‘To the extent prac19 ticable, the’’ and inserting ‘‘The’’; 

20 (ii) in subparagraph (A)— 

21 (I) by striking ‘‘applicable’’; and 

22 (II) by inserting ‘‘and’’ after the 

23 semicolon; 

24 (iii) by striking subparagraphs (B) 

25 and (C); and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(B) organizations that have a dem4 onstrated record of effectiveness in placing at5 risk youth into employment.’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (B), by inserting 

9 ‘‘and agrees to such rules’’ after ‘‘failure 

10 to observe the rules’’; and 

11 (ii) by amending subparagraph (C) to 

12 read as follows: 

13 ‘‘(C) the individual has passed a back14 ground check conducted in accordance with pro15 cedures established by the Secretary, which 

16 shall include— 

17 ‘‘(i) a search of the State criminal 

18 registry or repository in the State where 

19 the individual resides and each State where 

20 the individual previously resided; 

21 ‘‘(ii) a search of State-based child 

22 abuse and neglect registries and databases 

23 in the State where the individual resides 

24 and each State where the individual pre25 viously resided; 


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1 ‘‘(iii) a search of the National Crime 

2 Information Center; 

3 ‘‘(iv) a Federal Bureau of Investiga4 tion fingerprint check using the Integrated 

5 Automated Fingerprint Identification Sys6 tem; and 

7 ‘‘(v) a search of the National Sex Of8 fender Registry established under the 

9 Adam Walsh Child Protection and Safety 

10 Act of 2006 (42 U.S.C. 16901 et seq.).’’; 

11 and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— 

15 An individual shall be ineligible for enrollment if the 

16 individual— 

17 ‘‘(A) makes a false statement in connection 

18 with the criminal background check described in 

19 paragraph (1)(C); 

20 ‘‘(B) is registered or is required to be reg21 istered on a State sex offender registry or the 

22 National Sex Offender Registry established 

23 under the Adam Walsh Child Protection and 

24 Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

25 or 


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1 ‘‘(C) has been convicted of a felony con2 sisting of— 

3 ‘‘(i) homicide; 

4 ‘‘(ii) child abuse or neglect; 

5 ‘‘(iii) a crime against children, includ6 ing child pornography; 

7 ‘‘(iv) a crime involving rape or sexual 

8 assault; or 

9 ‘‘(v) physical assault, battery, or a 

10 drug-related offense, committed within the 

11 past 5 years.’’; 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘2 years’’ and inserting 

15 ‘‘year’’; and 

16 (ii) by striking ‘‘an assignment’’ and 

17 inserting ‘‘a’’; and 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘, every 2 years,’’; 

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

22 ‘‘and’’ at the end; 

23 (iii) in subparagraph (C)— 

24 (I) by inserting ‘‘the education 

25 and training’’ after ‘‘including’’; and 


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1 (II) by striking the period at the 

2 end and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(D) the performance of the Job Corps 

6 center relating to the indicators described in 

7 paragraphs (1) and (2) in section 159(c), and 

8 whether any actions have been taken with re9 spect to such center pursuant to section 

10 159(f).’’; and 

11 (4) in subsection (d)— 

12 (A) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘is closest to the 

15 home of the enrollee, except that the’’ and 

16 inserting ‘‘offers the type of career and 

17 technical education and training selected 

18 by the individual and, among the centers 

19 that offer such education and training, is 

20 closest to the home of the individual. The’’; 

21 (ii) by striking subparagraph (A); and 

22 (iii) by redesignating subparagraphs 

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

24 (B), respectively; and 


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1 (B) in paragraph (2), by inserting ‘‘that 

2 offers the career and technical education and 

3 training desired by’’ after ‘‘home of the en4 rollee’’. 

5 SEC. 120. JOB CORPS CENTERS. 

6 Section 147 (29 U.S.C. 2887) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)(A), by striking ‘‘voca9 tional’’ both places it appears and inserting 

10 ‘‘career and technical’’; and 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) by striking ‘‘subsections (c) 

14 and (d) of section 303 of the Federal 

15 Property and Administrative Services 

16 Act of 1949 (41 U.S.C. 253)’’ and in17 serting ‘‘subsections (a) and (b) of 

18 section 3304 of title 41, United States 

19 Code’’; and 

20 (II) by striking ‘‘industry coun21 cil’’ and inserting ‘‘workforce coun22 cil’’; 

23 (ii) in subparagraph (B)(i)— 

24 (I) by amending subclause (II) to 

25 read as follows: 


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1 ‘‘(II) the ability of the entity to 

2 offer career and technical education 

3 and training that the workforce coun4 cil proposes under section 154(c);’’; 

5 (II) in subclause (III), by strik6 ing ‘‘is familiar with the surrounding 

7 communities, applicable’’ and insert8 ing ‘‘demonstrates relationships with 

9 the surrounding communities, employ10 ers, workforce boards,’’ and by strik11 ing ‘‘and’’ at the end; 

12 (III) by amending subclause (IV) 

13 to read as follows: 

14 ‘‘(IV) the performance of the en15 tity, if any, relating to operating or 

16 providing activities described in this 

17 subtitle to a Job Corps center, includ18 ing the entity’s demonstrated effec19 tiveness in assisting individuals in 

20 achieving the primary and secondary 

21 indicators of performance described in 

22 paragraphs (1) and (2) of section 

23 159(c); and’’; and 

24 (IV) by adding at the end the fol25 lowing new subclause: 


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1 ‘‘(V) the ability of the entity to 

2 demonstrate a record of successfully 

3 assisting at-risk youth to connect to 

4 the workforce, including by providing 

5 them with intensive academic, and ca6 reer and technical education and 

7 training.’’; and 

8 (iii) in subparagraph (B)(ii)— 

9 (I) by striking ‘‘, as appro10 priate’’; and 

11 (II) by striking ‘‘through (IV)’’ 

12 and inserting ‘‘through (V)’’; 

13 (2) in subsection (b), by striking ‘‘In any year, 

14 no more than 20 percent of the individuals enrolled 

15 in the Job Corps may be nonresidential participants 

16 in the Job Corps.’’; 

17 (3) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

20 ‘‘(1) IN GENERAL.—The Job Corps centers may 

21 include Civilian Conservation Centers, operated 

22 under an agreement between the Secretary of Labor 

23 and the Secretary of Agriculture, that are located 

24 primarily in rural areas. Such centers shall adhere 

25 to all the provisions of this subtitle, and shall proVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 vide, in addition to education, career and technical 

2 education and training, and workforce preparation 

3 skills training described in section 148, programs of 

4 work experience to conserve, develop, or manage 

5 public natural resources or public recreational areas 

6 or to develop community projects in the public inter7 est. 

8 ‘‘(2) SELECTION PROCESS.—The Secretary 

9 shall select an entity that submits an application 

10 under subsection (d) to operate a Civilian Conserva11 tion Center on a competitive basis, as provided in 

12 subsection (a).’’; and 

13 (4) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

16 Corps center under this subtitle, an entity shall submit 

17 an application to the Secretary at such time, in such man18 ner, and containing such information as the Secretary may 

19 require, including— 

20 ‘‘(1) a description of the program activities that 

21 will be offered at the center, including how the ca22 reer and technical education and training reflect 

23 State and local employment opportunities, including 

24 in in-demand industries; 


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•S 1911 IS

1 ‘‘(2) a description of the counseling, placement, 

2 and support activities that will be offered at the cen3 ter, including a description of the strategies and pro4 cedures the entity will use to place graduates into 

5 unsubsidized employment upon completion of the 

6 program; 

7 ‘‘(3) a description of the demonstrated record 

8 of effectiveness that the entity has in placing at-risk 

9 youth into employment, including past performance 

10 of operating a Job Corps center under this subtitle; 

11 ‘‘(4) a description of the relationships that the 

12 entity has developed with State and local workforce 

13 boards, employers, State and local educational agen14 cies, and the surrounding communities in an effort 

15 to promote a comprehensive statewide workforce in16 vestment system; 

17 ‘‘(5) a description of the strong fiscal controls 

18 the entity has in place to ensure proper accounting 

19 of Federal funds, and a description of how the entity 

20 will meet the requirements of section 159(a); 

21 ‘‘(6) a description of the strategies and policies 

22 the entity will utilize to reduce participant costs; 

23 ‘‘(7) a description of the steps taken to control 

24 costs in accordance with section 159(a)(3); 


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•S 1911 IS

1 ‘‘(8) a detailed budget of the activities that will 

2 be supported using funds under this subtitle; 

3 ‘‘(9) a detailed budget of the activities that will 

4 be supported using funds from non-Federal re5 sources; 

6 ‘‘(10) an assurance the entity will comply with 

7 the administrative cost limitation included in section 

8 151(c); 

9 ‘‘(11) an assurance the entity is licensed to op10 erate in the State in which the center is located; and 

11 ‘‘(12) an assurance the entity will comply with 

12 and meet basic health and safety codes, including 

13 those measures described in section 152(b). 

14 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de15 scribed in subsection (a)(1)(A) shall be for not longer than 

16 a 2-year period. The Secretary may renew the agreement 

17 for 3 1-year periods if the entity meets the requirements 

18 of subsection (f). 

19 ‘‘(f) RENEWAL.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

21 the Secretary may renew the terms of an agreement 

22 described in subsection (a)(1)(A) for an entity to op23 erate a Job Corps center if the center meets or ex24 ceeds each of the indicators of performance de25 scribed in section 159(c)(1). 


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1 ‘‘(2) RECOMPETITION.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding para3 graph (1), the Secretary shall not renew the 

4 terms of the agreement for an entity to operate 

5 a Job Corps center if such center is ranked in 

6 the bottom quintile of centers described in sec7 tion 159(f)(2) for any program year. Such enti8 ty may submit a new application under sub9 section (d) only if such center has shown sig10 nificant improvement on the indicators of per11 formance described in section 159(c)(1) over 

12 the last program year. 

13 ‘‘(B) VIOLATIONS.—The Secretary shall 

14 not select an entity to operate a Job Corps cen15 ter if such entity or such center has been found 

16 to have a systemic or substantial material fail17 ure that involves— 

18 ‘‘(i) a threat to the health, safety, or 

19 civil rights of program participants or 

20 staff; 

21 ‘‘(ii) the misuse of funds received 

22 under this subtitle; 

23 ‘‘(iii) loss of legal status or financial 

24 viability, loss of permits, debarment from 


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1 receiving Federal grants or contracts, or 

2 the improper use of Federal funds; 

3 ‘‘(iv) failure to meet any other Fed4 eral or State requirement that the entity 

5 has shown an unwillingness or inability to 

6 correct, after notice from the Secretary, 

7 within the period specified; or 

8 ‘‘(v) an unresolved area of noncompli9 ance. 

10 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

11 after the date of enactment of the SKILLS Act and not12 withstanding any previous grant award or renewals of 

13 such award under this subtitle, the Secretary shall require 

14 all entities operating a Job Corps center under this sub15 title to submit an application under subsection (d) to carry 

16 out the requirements of this section.’’. 

17 SEC. 121. PROGRAM ACTIVITIES. 

18 Section 148 (29 U.S.C. 2888) is amended— 

19 (1) by amending subsection (a) to read as fol20 lows: 

21 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

22 CENTERS.— 

23 ‘‘(1) IN GENERAL.—Each Job Corps center 

24 shall provide enrollees with an intensive, well-orga25 nized, and supervised program of education, career 


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1 and technical education and training, work experi2 ence, recreational activities, physical rehabilitation 

3 and development, and counseling. Each Job Corps 

4 center shall provide enrollees assigned to the center 

5 with access to work ready services described in sec6 tion 134(c)(2). 

7 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

8 ‘‘(A) IN GENERAL.—The activities pro9 vided under this subsection shall be targeted to 

10 helping enrollees, on completion of their enroll11 ment— 

12 ‘‘(i) secure and maintain meaningful 

13 unsubsidized employment; 

14 ‘‘(ii) complete secondary education 

15 and obtain a regular secondary school di16 ploma; 

17 ‘‘(iii) enroll in and complete postsec18 ondary education or training programs, in19 cluding obtaining recognized postsecondary 

20 credentials (such as industry-recognized 

21 credentials and certificates from registered 

22 apprenticeship programs); or 

23 ‘‘(iv) satisfy Armed Forces require24 ments. 


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1 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI2 TIES.—The career and technical education and 

3 training provided shall be linked to the employ4 ment opportunities in in-demand industries in 

5 the State in which the Job Corps center is lo6 cated.’’; 

7 (2) in subsection (b)— 

8 (A) in the subsection heading, by striking 

9 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

10 ‘‘ACADEMIC AND CAREER AND TECHNICAL

11 EDUCATION AND’’; 

12 (B) by striking ‘‘may’’ after ‘‘The Sec13 retary’’ and inserting ‘‘shall’’; and 

14 (C) by striking ‘‘vocational’’ each place it 

15 appears and inserting ‘‘career and technical’’; 

16 and 

17 (3) by amending paragraph (3) of subsection 

18 (c) to read as follows: 

19 ‘‘(3) DEMONSTRATION.—Each year, any oper20 ator seeking to enroll additional enrollees in an ad21 vanced career training program shall demonstrate, 

22 before the operator may carry out such additional 

23 enrollment, that— 


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1 ‘‘(A) participants in such program have 

2 achieved a satisfactory rate of completion and 

3 placement in training-related jobs; and 

4 ‘‘(B) such operator has met or exceeded 

5 the indicators of performance described in para6 graphs (1) and (2) of section 159(c) for the 

7 previous year.’’. 

8 SEC. 122. COUNSELING AND JOB PLACEMENT. 

9 Section 149 (29 U.S.C. 2889) is amended— 

10 (1) in subsection (a), by striking ‘‘vocational’’ 

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

12 (2) in subsection (b)— 

13 (A) by striking ‘‘make every effort to ar14 range to’’; and 

15 (B) by striking ‘‘to assist’’ and inserting 

16 ‘‘assist’’; and 

17 (3) by striking subsection (d). 

18 SEC. 123. SUPPORT. 

19 Subsection (b) of section 150 (29 U.S.C. 2890) is 

20 amended to read as follows: 

21 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

22 GRADUATES.—The Secretary shall arrange for a transi23 tion allowance to be paid to graduates. The transition al24 lowance shall be incentive-based to reflect a graduate’s 

25 completion of academic, career and technical education or 


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1 training, and attainment of a recognized postsecondary 

2 credential, including an industry-recognized credential.’’. 

3 SEC. 124. OPERATIONS. 

4 Section 151 (29 U.S.C. 2891) is amended— 

5 (1) in the header, by striking ‘‘OPERATING

6 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

7 (2) in subsection (a), by striking ‘‘IN GEN8 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

9 (3) by striking subsection (b) and redesignating 

10 subsection (c) as subsection (b); 

11 (4) by amending subsection (b) (as so redesig12 nated)— 

13 (A) in the heading by inserting ‘‘OF OPER14 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 

15 (B) by striking ‘‘subsections (a) and (b)’’ 

16 and inserting ‘‘subsection (a)’’; and 

17 (5) by adding at the end the following new sub18 section: 

19 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 

20 percent of the funds allotted under section 147 to an enti21 ty selected to operate a Job Corps center may be used 

22 by the entity for administrative costs under this subtitle.’’. 

23 SEC. 125. COMMUNITY PARTICIPATION. 

24 Section 153 (29 U.S.C. 2893) is amended to read as 

25 follows: 


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1 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

2 ‘‘The director of each Job Corps center shall encour3 age and cooperate in activities to establish a mutually ben4 eficial relationship between Job Corps centers in the State 

5 and nearby communities. Such activities may include the 

6 use of any local workforce development boards established 

7 under section 117 to provide a mechanism for joint discus8 sion of common problems and for planning programs of 

9 mutual interest.’’. 

10 SEC. 126. WORKFORCE COUNCILS. 

11 Section 154 (29 U.S.C. 2894) is amended to read as 

12 follows: 

13 ‘‘SEC. 154. WORKFORCE COUNCILS. 

14 ‘‘(a) IN GENERAL.—Each Job Corps center shall 

15 have a workforce council appointed by the Governor of the 

16 State in which the Job Corps center is located. 

17 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 

18 ‘‘(1) IN GENERAL.—A workforce council shall 

19 be comprised of— 

20 ‘‘(A) business members of the State board 

21 described in section 111(b)(1)(B)(i); 

22 ‘‘(B) business members of the local boards 

23 described in section 117(b)(2)(A) located in the 

24 State; 

25 ‘‘(C) a representative of the State board 

26 described in section 111(f); and 


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1 ‘‘(D) such other representatives and State 

2 agency officials as the Governor may designate. 

‘‘(2) MAJORITY.—A 2 3 ⁄3 majority of the mem4 bers of the workforce council shall be representatives 

5 described in paragraph (1)(A). 

6 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

7 workforce council shall be— 

8 ‘‘(1) to review all the relevant labor market in9 formation, including related information in the State 

10 plan described in section 112, to— 

11 ‘‘(A) determine the in-demand industries 

12 in the State in which enrollees intend to seek 

13 employment after graduation; 

14 ‘‘(B) determine the skills and education 

15 that are necessary to obtain the employment 

16 opportunities described in subparagraph (A); 

17 and 

18 ‘‘(C) determine the type or types of career 

19 and technical education and training that will 

20 be implemented at the center to enable the en21 rollees to obtain the employment opportunities; 

22 and 

23 ‘‘(2) to meet at least once a year to reevaluate 

24 the labor market information, and other relevant in25 formation, to determine any necessary changes in 


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1 the career and technical education and training pro2 vided at the center.’’. 

3 SEC. 127. TECHNICAL ASSISTANCE. 

4 Section 156 (29 U.S.C. 2896) is amended to read as 

5 follows: 

6 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

7 ‘‘(a) IN GENERAL.—From the funds reserved under 

8 section 132(a)(3), the Secretary shall provide, directly or 

9 through grants, contracts, or other agreements or ar10 rangements as the Secretary considers appropriate, tech11 nical assistance and training for the Job Corps program 

12 for the purposes of improving program quality. 

13 ‘‘(b) ACTIVITIES.—In providing training and tech14 nical assistance and for allocating resources for such as15 sistance, the Secretary shall— 

16 ‘‘(1) assist entities, including those entities not 

17 currently operating a Job Corps center, in devel18 oping the application described in section 147(d); 

19 ‘‘(2) assist Job Corps centers and programs in 

20 correcting deficiencies and violations under this sub21 title; 

22 ‘‘(3) assist Job Corps centers and programs in 

23 meeting or exceeding the indicators of performance 

24 described in paragraphs (1) and (2) of section 

25 159(c); and 


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1 ‘‘(4) assist Job Corps centers and programs in 

2 the development of sound management practices, in3 cluding financial management procedures.’’. 

4 SEC. 128. SPECIAL PROVISIONS. 

5 Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended 

6 by striking ‘‘title II of the Federal Property and Adminis7 trative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and 

8 inserting ‘‘chapter 5 of title 40, United States Code,’’. 

9 SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

10 Section 159 (29 U.S.C. 2899) is amended— 

11 (1) in the section heading, by striking ‘‘MAN12 AGEMENT INFORMATION’’ and inserting ‘‘PER13 FORMANCE ACCOUNTABILITY AND MANAGE14 MENT’’; 

15 (2) in subsection (a)(3), by inserting before the 

16 period at the end the following: ‘‘, or operating costs 

17 for such centers result in a budgetary shortfall’’; 

18 (3) by striking subsections (c) through (g); and 

19 (4) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) INDICATORS OF PERFORMANCE.— 

22 ‘‘(1) PRIMARY INDICATORS.—The annual pri23 mary indicators of performance for Job Corps cen24 ters shall include— 


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1 ‘‘(A) the percentage and number of enroll2 ees who graduate from the Job Corps center; 

3 ‘‘(B) the percentage and number of grad4 uates who entered unsubsidized employment re5 lated to the career and technical education and 

6 training received through the Job Corps center, 

7 except that such calculation shall not include 

8 enrollment in education, the military, or volun9 teer service; 

10 ‘‘(C) the percentage and number of grad11 uates who obtained a recognized postsecondary 

12 credential, including an industry-recognized cre13 dential or a certificate from a registered ap14 prenticeship program; and 

15 ‘‘(D) the cost per successful performance 

16 outcome, which is calculated by comparing the 

17 number of graduates who were placed in unsub18 sidized employment or obtained a recognized 

19 postsecondary credential, including an industry20 recognized credential, to total program costs, 

21 including all operations, construction, and ad22 ministration costs at each Job Corps center. 

23 ‘‘(2) SECONDARY INDICATORS.—The annual 

24 secondary indicators of performance for Job Corps 

25 centers shall include— 


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1 ‘‘(A) the percentage and number of grad2 uates who entered unsubsidized employment not 

3 related to the career and technical education 

4 and training received through the Job Corps 

5 center; 

6 ‘‘(B) the percentage and number of grad7 uates who entered into postsecondary education; 

8 ‘‘(C) the percentage and number of grad9 uates who entered into the military; 

10 ‘‘(D) the average wage of graduates who 

11 are in unsubsidized employment— 

12 ‘‘(i) on the first day of employment; 

13 and 

14 ‘‘(ii) 6 months after the first day; 

15 ‘‘(E) the number and percentage of grad16 uates who entered unsubsidized employment 

17 and were retained in the unsubsidized employ18 ment— 

19 ‘‘(i) 6 months after the first day of 

20 employment; and 

21 ‘‘(ii) 12 months after the first day of 

22 employment; 

23 ‘‘(F) the percentage and number of enroll24 ees compared to the percentage and number of 


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1 enrollees the Secretary has established as tar2 gets in section 145(c)(1); 

3 ‘‘(G) the cost per training slot, which is 

4 calculated by comparing the program’s max5 imum number of enrollees that can be enrolled 

6 in a Job Corps center at any given time during 

7 the program year to the number of enrollees in 

8 the same program year; and 

9 ‘‘(H) the number and percentage of former 

10 enrollees, including the number dismissed under 

11 the zero tolerance policy described in section 

12 152(b). 

13 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE14 CRUITERS.—The annual indicators of performance 

15 for recruiters shall include the measurements de16 scribed in subparagraph (A) of paragraph (1) and 

17 subparagraphs (F), (G), and (H) of paragraph (2). 

18 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

19 TRANSITION SERVICE PROVIDERS.—The annual indi20 cators of performance of career transition service 

21 providers shall include the measurements described 

22 in subparagraphs (B) and (C) of paragraph (1) and 

23 subparagraphs (B), (C), (D), and (E) of paragraph 

24 (2). 


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1 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary 

2 shall collect, and submit in the report described in sub3 section (f), information on the performance of each Job 

4 Corps center, and the Job Corps program, regarding— 

5 ‘‘(1) the number and percentage of former en6 rollees who obtained a regular secondary school di7 ploma; 

8 ‘‘(2) the number and percentage of former en9 rollees who entered unsubsidized employment; 

10 ‘‘(3) the number and percentage of former en11 rollees who obtained a recognized postsecondary cre12 dential, including an industry-recognized credential; 

13 ‘‘(4) the number and percentage of former en14 rollees who entered into military service; and 

15 ‘‘(5) any additional information required by the 

16 Secretary. 

17 ‘‘(e) METHODS.—The Secretary shall collect the in18 formation described in subsections (c) and (d), using 

19 methods described in section 136(f)(2) and consistent with 

20 State law, by entering into agreements with the States to 

21 access such data for Job Corps enrollees, former enrollees, 

22 and graduates. 

23 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

24 ‘‘(1) REPORT.—The Secretary shall collect and 

25 annually submit to the Committee on Education and 


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1 the Workforce of the House of Representatives and 

2 the Committee on Health, Education, Labor, and 

3 Pensions of the Senate, and make available to the 

4 public by electronic means, a report containing— 

5 ‘‘(A) information on the performance of 

6 each Job Corps center, and the Job Corps pro7 gram, on the performance indicators described 

8 in paragraphs (1) and (2) of subsection (c); 

9 ‘‘(B) a comparison of each Job Corps cen10 ter, by rank, on the performance indicators de11 scribed in paragraphs (1) and (2) of subsection 

12 (c); 

13 ‘‘(C) a comparison of each Job Corps cen14 ter, by rank, on the average performance of all 

15 primary indicators described in paragraph (1) 

16 of subsection (c); 

17 ‘‘(D) information on the performance of 

18 the service providers described in paragraphs 

19 (3) and (4) of subsection (c) on the perform20 ance indicators established under such para21 graphs; and 

22 ‘‘(E) a comparison of each service pro23 vider, by rank, on the performance of all service 

24 providers described in paragraphs (3) and (4) 


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1 of subsection (c) on the performance indicators 

2 established under such paragraphs. 

3 ‘‘(2) ASSESSMENT.—The Secretary shall con4 duct an annual assessment of the performance of 

5 each Job Corps center which shall include informa6 tion on the Job Corps centers that— 

7 ‘‘(A) are ranked in the bottom 10 percent 

8 on the performance indicator described in para9 graph (1)(C); or 

10 ‘‘(B) have failed a safety and health code 

11 review described in subsection (g). 

12 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re13 spect to a Job Corps center that is identified under 

14 paragraph (2) or reports less than 50 percent on the 

15 performance indicators described in subparagraph 

16 (A), (B), or (C) of subsection (c)(1), the Secretary 

17 shall develop and implement a 1 year performance 

18 improvement plan. Such a plan shall require action 

19 including— 

20 ‘‘(A) providing technical assistance to the 

21 center; 

22 ‘‘(B) changing the management staff of 

23 the center; 

24 ‘‘(C) replacing the operator of the center; 


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1 ‘‘(D) reducing the capacity of the center; 

2 or 

3 ‘‘(E) closing the center. 

4 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

5 Corps centers that have been identified under para6 graph (2) for more than 4 consecutive years shall be 

7 closed. The Secretary shall ensure— 

8 ‘‘(A) that the proposed decision to close 

9 the center is announced in advance to the gen10 eral public through publication in the Federal 

11 Register and other appropriate means; and 

12 ‘‘(B) the establishment of a reasonable 

13 comment period, not to exceed 30 days, for in14 terested individuals to submit written comments 

15 to the Secretary. 

16 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec17 retary shall enter into an agreement with the General 

18 Services Administration or the appropriate State agency 

19 responsible for inspecting public buildings and safe20 guarding the health of disadvantaged students, to conduct 

21 an in-person review of the physical condition and health22 related activities of each Job Corps center annually. Such 

23 review shall include a passing rate of occupancy under 

24 Federal and State ordinances.’’. 


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1 Subtitle D—National Programs 

2 SEC. 130. TECHNICAL ASSISTANCE. 

3 Section 170 (29 U.S.C. 2915) is amended— 

4 (1) by striking subsection (b); 

5 (2) by striking: 

6 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

7 (3) by redesignating paragraphs (1), (2), and 

8 (3) as subsections (a), (b), and (c) respectively, and 

9 moving such subsections 2 ems to the left, and con10 forming the casing style of the headings of such sub11 sections to the casing style of the heading of sub12 section (d), as added by paragraph (7) of this sec13 tion; 

14 (4) in subsection (a) (as so redesignated)— 

15 (A) by inserting ‘‘the training of staff pro16 viding rapid response services and additional 

17 assistance, the training of other staff of recipi18 ents of funds under this title, assistance regard19 ing accounting and program operation practices 

20 (when such assistance would not be duplicative 

21 to assistance provided by the State), technical 

22 assistance to States that do not meet State per23 formance measures described in section 136,’’ 

24 after ‘‘localities,’’; and 


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1 (B) by striking ‘‘from carrying out activi2 ties’’ and all that follows up to the period and 

3 inserting ‘‘to implement the amendments made 

4 by the SKILLS Act’’; 

5 (5) in subsection (b) (as so redesignated)— 

6 (A) by striking ‘‘paragraph (1)’’ and in7 serting ‘‘subsection (a)’’; 

8 (B) by striking ‘‘, or recipient of financial 

9 assistance under any of sections 166 through 

10 169,’’; and 

11 (C) by striking ‘‘or grant recipient’’; 

12 (6) in subsection (c) (as so redesignated), by 

13 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

14 (a)’’; and 

15 (7) by inserting, after subsection (c) (as so re16 designated), the following: 

17 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec18 retary shall— 

19 ‘‘(1) establish a system through which States 

20 may share information regarding best practices with 

21 regard to the operation of workforce investment ac22 tivities under this Act; and 

23 ‘‘(2) evaluate and disseminate information re24 garding best practices and identify knowledge 

25 gaps.’’. 


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1 SEC. 131. EVALUATIONS. 

2 Section 172 (29 U.S.C. 2917) is amended— 

3 (1) in subsection (a), by striking ‘‘the Secretary 

4 shall provide for the continuing evaluation of the 

5 programs and activities, including those programs 

6 and activities carried out under section 171’’ and in7 serting ‘‘the Secretary, through grants, contracts, or 

8 cooperative agreements, shall conduct, at least once 

9 every 5 years, an independent evaluation of the pro10 grams and activities funded under this Act’’; 

11 (2) by amending subsection (a)(4) to read as 

12 follows: 

13 ‘‘(4) the impact of receiving services and not re14 ceiving services under such programs and activities 

15 on the community, businesses, and individuals;’’; 

16 (3) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

19 this section shall utilize appropriate and rigorous method20 ology and research designs, including the use of control 

21 groups chosen by scientific random assignment methodolo22 gies, quasi-experimental methods, impact analysis and the 

23 use of administrative data. The Secretary shall conduct 

24 an impact analysis, as described in subsection (a)(4), of 

25 the formula grant program under subtitle B not later than 


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1 2016, and thereafter shall conduct such an analysis not 

2 less than once every 4 years.’’; 

3 (4) in subsection (e), by striking ‘‘the Com4 mittee on Labor and Human Resources of the Sen5 ate’’ and inserting ‘‘the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate’’; 

7 (5) by redesignating subsection (f) as sub8 section (g) and inserting after subsection (e) the fol9 lowing: 

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

11 APPROPRIATED FOR LATE REPORTING.—If a report re12 quired to be transmitted to Congress under this section 

13 is not transmitted on or before the time period specified 

14 for that report, amounts authorized to be appropriated 

15 under this title shall be reduced by 10 percent for the fis16 cal year that begins after the date on which the final re17 port required under this section is required to be trans18 mitted and reduced by an additional 10 percent each sub19 sequent fiscal year until each such report is transmitted 

20 to Congress.’’; and 

21 (6) by adding at the end, the following: 

22 ‘‘(h) PUBLIC AVAILABILITY.—The results of the eval23 uations conducted under this section shall be made pub24 licly available, including by posting such results on the De25 partment’s website.’’. 


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1 Subtitle E—Administration 

2 SEC. 132. REQUIREMENTS AND RESTRICTIONS. 

3 Section 181 (29 U.S.C. 2931) is amended— 

4 (1) in subsection (b)(6), by striking ‘‘, including 

5 representatives of businesses and of labor organiza6 tions,’’; 

7 (2) in subsection (c)(2)(A), in the matter pre8 ceding clause (i), by striking ‘‘shall’’ and inserting 

9 ‘‘may’’; 

10 (3) in subsection (e)— 

11 (A) by striking ‘‘training for’’ and insert12 ing ‘‘the entry into employment, retention in 

13 employment, or increases in earnings of’’; and 

14 (B) by striking ‘‘subtitle B’’ and inserting 

15 ‘‘this Act’’; 

16 (4) in subsection (f)(4), by striking 

17 ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and 

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

19 ‘‘(g) SALARY AND BONUS LIMITATION.— 

20 ‘‘(1) IN GENERAL.—No funds provided under 

21 this title shall be used by a recipient or subrecipient 

22 of such funds to pay the salary and bonuses of an 

23 individual, either as direct costs or indirect costs, at 

24 a rate in excess of the rate prescribed in level II of 


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1 the Executive Schedule under section 5315 of title 

2 5, United States Code. 

3 ‘‘(2) VENDORS.—The limitation described in 

4 paragraph (1) shall not apply to vendors providing 

5 goods and services as defined in OMB Circular A– 

6 133. 

7 ‘‘(3) LOWER LIMIT.—In a case in which a State 

8 is a recipient of such funds, the State may establish 

9 a lower limit than is provided in paragraph (1) for 

10 salaries and bonuses of those receiving salaries and 

11 bonuses from a subrecipient of such funds, taking 

12 into account factors including the relative cost of liv13 ing in the State, the compensation levels for com14 parable State or local government employees, and 

15 the size of the organizations that administer the 

16 Federal programs involved. 

17 ‘‘(h) GENERAL AUTHORITY.— 

18 ‘‘(1) IN GENERAL.—The Employment and 

19 Training Administration of the Department of 

20 Labor (referred to in this Act as the ‘Administra21 tion’) shall administer all programs authorized under 

22 title I and the Wagner-Peyser Act (29 U.S.C. 49 et 

23 seq.). The Administration shall be headed by an As24 sistant Secretary appointed by the President by and 

25 with the advice and consent of the Senate. Except 


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1 for title II and the Rehabilitation Act of 1973 (29 

2 U.S.C. 701 et seq.), the Administration shall be the 

3 principal agency, and the Assistant Secretary shall 

4 be the principal officer, of such Department for car5 rying out this Act. 

6 ‘‘(2) QUALIFICATIONS.—The Assistant Sec7 retary shall be an individual with substantial experi8 ence in workforce development and in workforce de9 velopment management. The Assistant Secretary 

10 shall also, to the maximum extent possible, possess 

11 knowledge and have worked in or with the State or 

12 local workforce investment system or have been a 

13 member of the business community. 

14 ‘‘(3) FUNCTIONS.—In the performance of the 

15 functions of the office, the Assistant Secretary shall 

16 be directly responsible to the Secretary or the Dep17 uty Secretary of Labor, as determined by the Sec18 retary. The functions of the Assistant Secretary 

19 shall not be delegated to any officer not directly re20 sponsible, both with respect to program operation 

21 and administration, to the Assistant Secretary. Any 

22 reference in this Act to duties to be carried out by 

23 the Assistant Secretary shall be considered to be a 

24 reference to duties to be carried out by the Secretary 

25 acting through the Assistant Secretary.’’. 


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1 SEC. 133. PROMPT ALLOCATION OF FUNDS. 

2 Section 182 (29 U.S.C. 2932) is amended— 

3 (1) in subsection (c)— 

4 (A) by striking ‘‘127 or’’; and 

5 (B) by striking ‘‘, except that’’ and all that 

6 follows and inserting a period; and 

7 (2) in subsection (e)— 

8 (A) by striking ‘‘sections 128 and 133’’ 

9 and inserting ‘‘section 133’’; and 

10 (B) by striking ‘‘127 or’’. 

11 SEC. 134. FISCAL CONTROLS; SANCTIONS. 

12 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amend13 ed— 

14 (1) by striking ‘‘(A)’’ and all that follows 

15 through ‘‘Each’’ and inserting ‘‘Each’’; and 

16 (2) by striking subparagraph (B). 

17 SEC. 135. REPORTS TO CONGRESS. 

18 Section 185 (29 U.S.C. 2935) is amended— 

19 (1) in subsection (c)— 

20 (A) in paragraph (2), by striking ‘‘and’’ 

21 after the semicolon; 

22 (B) in paragraph (3), by striking the pe23 riod and inserting ‘‘; and’’; and 

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

25 ‘‘(4) shall have the option to submit or dissemi26 nate electronically any reports, records, plans, or 


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1 other data that are required to be collected or dis2 seminated under this title.’’; and 

3 (2) in subsection (e)(2), by inserting ‘‘and the 

4 Secretary shall submit to the Committee on Edu5 cation and the Workforce of the House of Rep6 resentatives and the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate,’’ after 

8 ‘‘Secretary,’’. 

9 SEC. 136. ADMINISTRATIVE PROVISIONS. 

10 Section 189 (29 U.S.C. 2939) is amended— 

11 (1) in subsection (g)— 

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

13 follows: 

14 ‘‘(1) IN GENERAL.—Appropriations for any fis15 cal year for programs and activities carried out 

16 under this title shall be available for obligation only 

17 on the basis of a program year. The program year 

18 shall begin on October 1 in the fiscal year for which 

19 the appropriation is made.’’; and 

20 (B) in paragraph (2)— 

21 (i) in the first sentence, by striking 

22 ‘‘each State’’ and inserting ‘‘each recipient 

23 (except as otherwise provided in this para24 graph)’’; and 


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1 (ii) in the second sentence, by striking 

2 ‘‘171 or’’; 

3 (2) in subsection (i)— 

4 (A) by striking paragraphs (2) and (3); 

5 (B) by redesignating paragraph (4) as 

6 paragraph (2); 

7 (C) by amending paragraph (2)(A), as so 

8 redesignated— 

9 (i) in clause (i), by striking ‘‘; and’’ 

10 and inserting a period at the end; 

11 (ii) by striking ‘‘requirements of sub12 paragraph (B)’’ and all that follows 

13 through ‘‘any of the statutory or regu14 latory requirements of subtitle B’’ and in15 serting ‘‘requirements of subparagraph (B) 

16 or (D), any of the statutory or regulatory 

17 requirements of subtitle B’’; and 

18 (iii) by striking clause (ii); and 

19 (D) by adding at the end the following: 

20 ‘‘(D) EXPEDITED PROCESS FOR EXTEND21 ING APPROVED WAIVERS TO ADDITIONAL

22 STATES.—The Secretary may establish an expe23 dited procedure for the purpose of extending to 

24 additional States the waiver of statutory or reg25 ulatory requirements that have been approved 


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1 for a State pursuant to a request under sub2 paragraph (B), in lieu of requiring the addi3 tional States to meet the requirements of sub4 paragraphs (B) and (C). Such procedure shall 

5 ensure that the extension of such a waiver to 

6 additional States is accompanied by appropriate 

7 conditions relating to the implementation of 

8 such waiver. 

9 ‘‘(E) EXTERNAL CONDITIONS.—The Sec10 retary shall not require or impose new or addi11 tional requirements, that are not specified 

12 under this Act, on a State in exchange for pro13 viding a waiver to the State or a local area in 

14 the State under this paragraph.’’. 

15 SEC. 137. STATE LEGISLATIVE AUTHORITY. 

16 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

17 (1) by striking ‘‘consistent with the provisions 

18 of this title’’ and inserting ‘‘consistent with State 

19 law and the provisions of this title’’; and 

20 (2) by striking ‘‘consistent with the terms and 

21 conditions required under this title’’ and inserting 

22 ‘‘consistent with State law and the terms and condi23 tions required under this title’’. 

24 SEC. 138. GENERAL PROGRAM REQUIREMENTS. 

25 Section 195 (29 U.S.C. 2945) is amended— 


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1 (1) in paragraph (7), by inserting at the end 

2 the following: 

3 ‘‘(D) Funds received under a program by a 

4 public or private nonprofit entity that are not de5 scribed in subparagraph (B), such as funds privately 

6 raised from philanthropic foundations, businesses, or 

7 other private entities, shall not be considered to be 

8 income under this title and shall not be subject to 

9 the requirements of this paragraph.’’; 

10 (2) by striking paragraph (9); 

11 (3) by redesignating paragraphs (10) through 

12 (13) as paragraphs (9) through (12), respectively; 

13 and 

14 (4) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(13) Funds provided under this title shall not 

17 be used to establish or operate stand-alone fee-for18 service enterprises that compete with private sector 

19 employment agencies within the meaning of section 

20 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

21 2000e(c)), except that for purposes of this para22 graph, such an enterprise does not include a one23 stop center. 

24 ‘‘(14) Any report required to be submitted to 

25 Congress, or to a Committee of Congress, under this 


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1 title shall be submitted to both the chairmen and 

2 ranking minority members of the Committee on 

3 Education and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate.’’. 

6 SEC. 139. FEDERAL AGENCY STAFF AND RESTRICTIONS ON 

7 POLITICAL AND LOBBYING ACTIVITIES. 

8 Subtitle E of title I (29 U.S.C. 2931 et seq.) is 

9 amended by adding at the end the following new sections: 

10 ‘‘SEC. 196. FEDERAL AGENCY STAFF. 

11 ‘‘The Director of the Office of Management and 

12 Budget shall— 

13 ‘‘(1) not later than 60 days after the date of 

14 the enactment of the SKILLS Act— 

15 ‘‘(A) identify the number of Federal gov16 ernment employees who, on the day before the 

17 date of enactment of the SKILLS Act, worked 

18 on or administered each of the programs and 

19 activities that were authorized under this Act or 

20 were authorized under a provision listed in sec21 tion 401 of the SKILLS Act; and 

22 ‘‘(B) identify the number of full-time 

23 equivalent employees who on the day before 

24 that date of enactment, worked on or adminis25 tered each of the programs and activities deVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 scribed in subparagraph (A), on functions for 

2 which the authorizing provision has been re3 pealed, or for which an amount has been con4 solidated (if such employee is in a duplicate po5 sition), on or after such date of enactment; 

6 ‘‘(2) not later than 90 after such date of enact7 ment, publish the information described in para8 graph (1) on the Office of Management and Budget 

9 website; and 

10 ‘‘(3) not later than 1 year after such date of en11 actment— 

12 ‘‘(A) reduce the workforce of the Federal 

13 Government by the number of full-time equiva14 lent employees identified under paragraph 

15 (1)(B); and 

16 ‘‘(B) submit to Congress a report on how 

17 the Director carried out the requirements of 

18 subparagraph (A). 

19 ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL 

20 ACTIVITIES. 

21 ‘‘(a) LOBBYING RESTRICTIONS.— 

22 ‘‘(1) PUBLICITY RESTRICTIONS.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), no funds provided under this Act 

25 shall be used or proposed for use, for— 


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1 ‘‘(i) publicity or propaganda purposes; 

2 or 

3 ‘‘(ii) the preparation, distribution, or 

4 use of any kit, pamphlet, booklet, publica5 tion, electronic communication, radio, tele6 vision, or video presentation designed to 

7 support or defeat the enactment of legisla8 tion before the Congress or any State or 

9 local legislature or legislative body. 

10 ‘‘(B) EXCEPTION.—Subparagraph (A) 

11 shall not apply to— 

12 ‘‘(i) normal and recognized executive13 legislative relationships; 

14 ‘‘(ii) the preparation, distribution, or 

15 use of the materials described in subpara16 graph (A)(ii) in presentation to the Con17 gress or any State or local legislature or 

18 legislative body (except that this subpara19 graph does not apply with respect to such 

20 preparation, distribution, or use in presen21 tation to the executive branch of any State 

22 or local government); or 

23 ‘‘(iii) such preparation, distribution, 

24 or use of such materials, that are designed 

25 to support or defeat any proposed or pendVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 ing regulation, administrative action, or 

2 order issued by the executive branch of any 

3 State or local government. 

4 ‘‘(2) SALARY PAYMENT RESTRICTION.—No 

5 funds provided under this Act shall be used, or pro6 posed for use, to pay the salary or expenses of any 

7 grant or contract recipient, or agent acting for such 

8 recipient, related to any activity designed to influ9 ence the enactment or issuance of legislation, appro10 priations, regulations, administrative action, or an 

11 Executive order proposed or pending before the Con12 gress or any State government, or a State or local 

13 legislature or legislative body, other than for normal 

14 and recognized executive-legislative relationships or 

15 participation by an agency or officer of a State, 

16 local, or tribal government in policymaking and ad17 ministrative processes within the executive branch of 

18 that government. 

19 ‘‘(b) POLITICAL RESTRICTIONS.— 

20 ‘‘(1) IN GENERAL.—No funds received by a 

21 participant of a program or activity under this Act 

22 shall be used for— 

23 ‘‘(A) any partisan or nonpartisan political 

24 activity or any other political activity associated 

25 with a candidate, or contending faction or 


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1 group, in an election for public or party office; 

2 or 

3 ‘‘(B) any activity to provide voters with 

4 transportation to the polls or similar assistance 

5 in connection with any such election. 

6 ‘‘(2) RESTRICTION ON VOTER REGISTRATION

7 ACTIVITIES.—No funds under this Act shall be used 

8 to conduct voter registration activities. 

9 ‘‘(3) DEFINITION.—For the purposes of this 

10 subsection, the term ‘participant’ includes any State, 

11 local area, or government, nonprofit, or for-profit en12 tity receiving funds under this Act.’’. 

13 Subtitle F—State Unified Plan 

14 SEC. 140. STATE UNIFIED PLAN. 

15 Section 501 (20 U.S.C. 9271) is amended— 

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

18 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall re19 ceive and approve State unified plans developed and sub20 mitted in accordance with this section.’’; 

21 (2) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) STATE UNIFIED PLAN.— 

24 ‘‘(1) IN GENERAL.—A State may develop and 

25 submit to the Secretary a State unified plan for 2 


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1 or more of the activities or programs set forth in 

2 paragraph (2). The State unified plan shall cover 

3 one or more of the activities or programs set forth 

4 in subparagraphs (A) and (B) of paragraph (2) and 

5 shall cover one or more of the activities or programs 

6 set forth in subparagraphs (C) through (N) of para7 graph (2). 

8 ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur9 poses of paragraph (1), the term ‘activity or pro10 gram’ means any 1 of the following 14 activities or 

11 programs: 

12 ‘‘(A) Activities and programs authorized 

13 under title I. 

14 ‘‘(B) Activities and programs authorized 

15 under title II. 

16 ‘‘(C) Programs authorized under title I of 

17 the Rehabilitation Act of 1973 (29 U.S.C. 710 

18 et seq.). 

19 ‘‘(D) Secondary career and technical edu20 cation programs authorized under the Carl D. 

21 Perkins Career and Technical Education Act of 

22 2006 (20 U.S.C. 2301 et seq.). 

23 ‘‘(E) Postsecondary career and technical 

24 education programs authorized under the Carl 


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1 D. Perkins Career and Technical Education Act 

2 of 2006. 

3 ‘‘(F) Activities and programs authorized 

4 under title II of the Trade Act of 1974 (19 

5 U.S.C. 2251 et seq.). 

6 ‘‘(G) Programs and activities authorized 

7 under the Act of August 16, 1937 (commonly 

8 known as the ‘National Apprenticeship Act’; 50 

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

10 ‘‘(H) Programs authorized under the Com11 munity Services Block Grant Act (42 U.S.C. 

12 9901 et seq.). 

13 ‘‘(I) Programs authorized under part A of 

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

15 601 et seq.). 

16 ‘‘(J) Programs authorized under State un17 employment compensation laws (in accordance 

18 with applicable Federal law). 

19 ‘‘(K) Work programs authorized under sec20 tion 6(o) of the Food and Nutrition Act of 

21 1977 (7 U.S.C. 2015(o)). 

22 ‘‘(L) Activities and programs authorized 

23 under title I of the Housing and Community 

24 Development Act of 1974 (42 U.S.C. 5301 et 

25 seq.). 


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1 ‘‘(M) Activities and programs authorized 

2 under the Public Works and Economic Develop3 ment Act of 1965 (42 U.S.C. 3121 et seq.). 

4 ‘‘(N) Activities authorized under chapter 

5 41 of title 38, United States Code.’’; 

6 (3) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) APPROVAL.— 

9 ‘‘(1) JURISDICTION.—In approving a State uni10 fied plan under this section, the Secretary shall— 

11 ‘‘(A) submit the portion of the State uni12 fied plan covering an activity or program de13 scribed in subsection (b)(2) to the head of the 

14 Federal agency who exercises administrative au15 thority over the activity or program for the ap16 proval of such portion by such Federal agency 

17 head; or 

18 ‘‘(B) coordinate approval of the portion of 

19 the State unified plan covering an activity or 

20 program described in subsection (b)(2) with the 

21 head of the Federal agency who exercises ad22 ministrative authority over the activity or pro23 gram. 

24 ‘‘(2) TIMELINE.—A State unified plan shall be 

25 considered to be approved by the Secretary at the 


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

2 Secretary receives the plan, unless the Secretary 

3 makes a written determination, during the 90-day 

4 period, that details how the plan is not consistent 

5 with the requirements of the Federal statute author6 izing an activity or program described in subsection 

7 (b)(2) and covered under the plan or how the plan 

8 is not consistent with the requirements of subsection 

9 (c)(3). 

10 ‘‘(3) SCOPE OF PORTION.—For purposes of 

11 paragraph (1), the portion of the State unified plan 

12 covering an activity or program shall be considered 

13 to include the plan described in subsection (c)(3) 

14 and any proposal described in subsection (e)(2), as 

15 that part and proposal relate to the activity or pro16 gram.’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAINING

19 FUNDS.— 

20 ‘‘(1) PURPOSE.—It is the purpose of this sub21 section to reduce inefficiencies in the administration 

22 of federally funded State and local employment and 

23 training programs. 

24 ‘‘(2) IN GENERAL.—In developing a State uni25 fied plan for the activities or programs described in 


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1 subsection (b)(2), and subject to paragraph (4) and 

2 to the State plan approval process under subsection 

3 (d), a State may propose to consolidate the amount, 

4 in whole or part, provided for the activities or pro5 grams covered by the plan into the Workforce In6 vestment Fund under section 132(b) to improve the 

7 administration of State and local employment and 

8 training programs. 

9 ‘‘(3) REQUIREMENTS.—A State that has a 

10 State unified plan approved under subsection (d) 

11 with a proposal for consolidation under paragraph 

12 (2), and that is carrying out such consolidation, 

13 shall— 

14 ‘‘(A) in providing an activity or program 

15 for which an amount is consolidated into the 

16 Workforce Investment Fund— 

17 ‘‘(i) continue to meet the program re18 quirements, limitations, and prohibitions of 

19 any Federal statute authorizing the activ20 ity or program; and 

21 ‘‘(ii) meet the intent and purpose for 

22 the activity or program; and 

23 ‘‘(B) continue to make reservations and al24 lotments under subsections (a) and (b) of sec25 tion 133. 


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1 ‘‘(4) EXCEPTIONS.—A State may not consoli2 date an amount under paragraph (2) that is allo3 cated to the State under— 

4 ‘‘(A) the Carl D. Perkins Career and Tech5 nical Education Act of 2006 (20 U.S.C. 2301 

6 et seq.); or 

7 ‘‘(B) title I of the Rehabilitation Act of 

8 1973 (29 U.S.C. 710 et seq.).’’. 

9 TITLE II—ADULT EDUCATION 

10 AND FAMILY LITERACY EDU11 CATION 

12 SEC. 201. AMENDMENT. 

13 Title II (20 U.S.C. 9201 et seq.) is amended to read 

14 as follows: 

15 ‘‘TITLE II—ADULT EDUCATION 

16 AND FAMILY LITERACY EDU17 CATION 

18 ‘‘SEC. 201. SHORT TITLE. 

19 ‘‘This title may be cited as the ‘Adult Education and 

20 Family Literacy Education Act’. 

21 ‘‘SEC. 202. PURPOSE. 

22 ‘‘It is the purpose of this title to provide instructional 

23 opportunities for adults seeking to improve their literacy 

24 skills, including their basic reading, writing, speaking, and 

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1 nities in providing, on a voluntary basis, adult education 

2 and family literacy education programs, in order to— 

3 ‘‘(1) increase the literacy of adults, including 

4 the basic reading, writing, speaking, and mathe5 matics skills, to a level of proficiency necessary for 

6 adults to obtain employment and self-sufficiency and 

7 to successfully advance in the workforce; 

8 ‘‘(2) assist adults in the completion of a sec9 ondary school education (or its equivalent) and the 

10 transition to a postsecondary educational institution; 

11 ‘‘(3) assist adults who are parents to enable 

12 them to support the educational development of their 

13 children and make informed choices regarding their 

14 children’s education including, through instruction in 

15 basic reading, writing, speaking, and mathematics 

16 skills; and 

17 ‘‘(4) assist adults who are not proficient in 

18 English in improving their reading, writing, speak19 ing, listening, comprehension, and mathematics 

20 skills. 

21 ‘‘SEC. 203. DEFINITIONS. 

22 ‘‘In this title: 

23 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

24 EDUCATION PROGRAMS.—The term ‘adult education 

25 and family literacy education programs’ means a seVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 quence of academic instruction and educational serv2 ices below the postsecondary level that increase an 

3 individual’s ability to read, write, and speak English 

4 and perform mathematical computations leading to a 

5 level of proficiency equivalent to at least a secondary 

6 school completion that is provided for individuals— 

7 ‘‘(A) who are at least 16 years of age; 

8 ‘‘(B) who are not enrolled or required to be 

9 enrolled in secondary school under State law; 

10 and 

11 ‘‘(C) who— 

12 ‘‘(i) lack sufficient mastery of basic 

13 reading, writing, speaking, and mathe14 matics skills to enable the individuals to 

15 function effectively in society; 

16 ‘‘(ii) do not have a secondary school 

17 diploma or its equivalent and have not 

18 achieved an equivalent level of education; 

19 or 

20 ‘‘(iii) are English learners. 

21 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

22 agency’— 

23 ‘‘(A) means the primary entity or agency 

24 in a State or an outlying area responsible for 

25 administering or supervising policy for adult 


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1 education and family literacy education pro2 grams in the State or outlying area, respec3 tively, consistent with the law of the State or 

4 outlying area, respectively; and 

5 ‘‘(B) may be the State educational agency, 

6 the State agency responsible for administering 

7 workforce investment activities, or the State 

8 agency responsible for administering community 

9 or technical colleges. 

10 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

11 provider’ means an organization of demonstrated ef12 fectiveness that is— 

13 ‘‘(A) a local educational agency; 

14 ‘‘(B) a community-based or faith-based or15 ganization; 

16 ‘‘(C) a volunteer literacy organization; 

17 ‘‘(D) an institution of higher education; 

18 ‘‘(E) a public or private educational agen19 cy; 

20 ‘‘(F) a library; 

21 ‘‘(G) a public housing authority; 

22 ‘‘(H) an institution that is not described in 

23 any of subparagraphs (A) through (G) and has 

24 the ability to provide adult education, basic 


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1 skills, and family literacy education programs to 

2 adults and families; or 

3 ‘‘(I) a consortium of the agencies, organi4 zations, institutions, libraries, or authorities de5 scribed in any of subparagraphs (A) through 

6 (H). 

7 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO8 GRAM.—The term ‘English language acquisition pro9 gram’ means a program of instruction— 

10 ‘‘(A) designed to help English learners 

11 achieve competence in reading, writing, speak12 ing, and comprehension of the English lan13 guage; and 

14 ‘‘(B) that may lead to— 

15 ‘‘(i) attainment of a secondary school 

16 diploma or its recognized equivalent; 

17 ‘‘(ii) transition to success in postsec18 ondary education and training; and 

19 ‘‘(iii) employment or career advance20 ment. 

21 ‘‘(5) FAMILY LITERACY EDUCATION PRO22 GRAM.—The term ‘family literacy education pro23 gram’ means an educational program that— 


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1 ‘‘(A) assists parents and students, on a 

2 voluntary basis, in achieving the purpose of this 

3 title as described in section 202; and 

4 ‘‘(B) is of sufficient intensity in terms of 

5 hours and of sufficient quality to make sustain6 able changes in a family, is evidence-based, and, 

7 for the purpose of substantially increasing the 

8 ability of parents and children to read, write, 

9 and speak English, integrates— 

10 ‘‘(i) interactive literacy activities be11 tween parents and their children; 

12 ‘‘(ii) training for parents regarding 

13 how to be the primary teacher for their 

14 children and full partners in the education 

15 of their children; 

16 ‘‘(iii) parent literacy training that 

17 leads to economic self-sufficiency; and 

18 ‘‘(iv) an age-appropriate education to 

19 prepare children for success in school and 

20 life experiences. 

21 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

22 the chief executive officer of a State or outlying 

23 area. 

24 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 


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

2 with a disability’ means an individual with any 

3 disability (as defined in section 3 of the Ameri4 cans with Disabilities Act of 1990). 

5 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

6 The term ‘individuals with disabilities’ means 

7 more than one individual with a disability. 

8 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

9 learner’ means an adult or out-of-school youth who 

10 has limited ability in reading, writing, speaking, or 

11 understanding the English language, and— 

12 ‘‘(A) whose native language is a language 

13 other than English; or 

14 ‘‘(B) who lives in a family or community 

15 environment where a language other than 

16 English is the dominant language. 

17 ‘‘(9) INTEGRATED EDUCATION AND TRAIN18 ING.—The term ‘integrated education and training’ 

19 means services that provide adult education and lit20 eracy activities contextually and concurrently with 

21 workforce preparation activities and workforce train22 ing for a specific occupation or occupational cluster. 

23 Such services may include offering adult education 

24 services concurrent with postsecondary education 

25 and training, including through co-instruction. 


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1 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given the term in section 101 of the Higher 

4 Education Act of 1965. 

5 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

6 individual’s ability to read, write, and speak in 

7 English, compute, and solve problems at a level of 

8 proficiency necessary to obtain employment and to 

9 successfully make the transition to postsecondary 

10 education. 

11 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The 

12 term ‘local educational agency’ has the meaning 

13 given the term in section 9101 of the Elementary 

14 and Secondary Education Act of 1965. 

15 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

16 area’ has the meaning given the term in section 101 

17 of this Act. 

18 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU19 TION.—The term ‘postsecondary educational institu20 tion’ means— 

21 ‘‘(A) an institution of higher education 

22 that provides not less than a 2-year program of 

23 instruction that is acceptable for credit toward 

24 a bachelor’s degree; 


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1 ‘‘(B) a tribally controlled community col2 lege; or 

3 ‘‘(C) a nonprofit educational institution of4 fering certificate or apprenticeship programs at 

5 the postsecondary level. 

6 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

7 means the Secretary of Education. 

8 ‘‘(16) STATE.—The term ‘State’ means each of 

9 the several States of the United States, the District 

10 of Columbia, and the Commonwealth of Puerto Rico. 

11 ‘‘(17) STATE EDUCATIONAL AGENCY.—The 

12 term ‘State educational agency’ has the meaning 

13 given the term in section 9101 of the Elementary 

14 and Secondary Education Act of 1965. 

15 ‘‘(18) WORKPLACE LITERACY PROGRAM.—The 

16 term ‘workplace literacy program’ means an edu17 cational program that is offered in collaboration be18 tween eligible providers and employers or employee 

19 organizations for the purpose of improving the pro20 ductivity of the workforce through the improvement 

21 of reading, writing, speaking, and mathematics 

22 skills. 

23 ‘‘SEC. 204. HOME SCHOOLS. 

24 ‘‘Nothing in this title shall be construed to affect 

25 home schools, whether or not a home school is treated as 


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1 a home school or a private school under State law, or to 

2 compel a parent engaged in home schooling to participate 

3 in adult education and family literacy education activities 

4 under this title. 

5 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to carry out 

7 this title, $606,294,933 for fiscal year 2015 and for each 

8 of the 6 succeeding fiscal years. 

9 ‘‘Subtitle A—Federal Provisions 

10 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

11 AGENCIES; ALLOTMENTS. 

12 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap13 propriated under section 205 for a fiscal year, the Sec14 retary shall reserve 2.0 percent to carry out section 242. 

15 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

16 ‘‘(1) IN GENERAL.—From the sums appro17 priated under section 205 and not reserved under 

18 subsection (a) for a fiscal year, the Secretary shall 

19 award a grant to each eligible agency having a State 

20 plan approved under section 224 in an amount equal 

21 to the sum of the initial allotment under subsection 

22 (c)(1) and the additional allotment under subsection 

23 (c)(2) for the eligible agency for the fiscal year, sub24 ject to subsections (f) and (g). 


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1 ‘‘(2) PURPOSE OF GRANTS.—The Secretary 

2 may award a grant under paragraph (1) only if the 

3 eligible agency involved agrees to expend the grant 

4 in accordance with the provisions of this title. 

5 ‘‘(c) ALLOTMENTS.— 

6 ‘‘(1) INITIAL ALLOTMENTS.—From the sums 

7 appropriated under section 205 and not reserved 

8 under subsection (a) for a fiscal year, the Secretary 

9 shall allot to each eligible agency having a State 

10 plan approved under section 224— 

11 ‘‘(A) $100,000, in the case of an eligible 

12 agency serving an outlying area; and 

13 ‘‘(B) $250,000, in the case of any other el14 igible agency. 

15 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the 

16 sums appropriated under section 205, not reserved 

17 under subsection (a), and not allotted under para18 graph (1), for a fiscal year, the Secretary shall allot 

19 to each eligible agency that receives an initial allot20 ment under paragraph (1) an additional amount 

21 that bears the same relationship to such sums as the 

22 number of qualifying adults in the State or outlying 

23 area served by the eligible agency bears to the num24 ber of such adults in all States and outlying areas. 


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1 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub2 section (c)(2), the term ‘qualifying adult’ means an adult 

3 who— 

4 ‘‘(1) is at least 16 years of age; 

5 ‘‘(2) is beyond the age of compulsory school at6 tendance under the law of the State or outlying 

7 area; 

8 ‘‘(3) does not have a secondary school diploma 

9 or its recognized equivalent; and 

10 ‘‘(4) is not enrolled in secondary school. 

11 ‘‘(e) SPECIAL RULE.— 

12 ‘‘(1) IN GENERAL.—From amounts made avail13 able under subsection (c) for the Republic of Palau, 

14 the Secretary shall award grants to Guam, American 

15 Samoa, the Commonwealth of the Northern Mariana 

16 Islands, or the Republic of Palau to carry out activi17 ties described in this title in accordance with the 

18 provisions of this title as determined by the Sec19 retary. 

20 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith21 standing any other provision of law, the Republic of 

22 Palau shall be eligible to receive a grant under this 

23 title until an agreement for the extension of United 

24 States education assistance under the Compact of 


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1 Free Association for the Republic of Palau becomes 

2 effective. 

3 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

5 (c) and subject to paragraph (2), for— 

6 ‘‘(A) fiscal year 2015, no eligible agency 

7 shall receive an allotment under this title that 

8 is less than 90 percent of the allotment the eli9 gible agency received for fiscal year 2012 under 

10 this title; and 

11 ‘‘(B) fiscal year 2016 and each succeeding 

12 fiscal year, no eligible agency shall receive an 

13 allotment under this title that is less than 90 

14 percent of the allotment the eligible agency re15 ceived for the preceding fiscal year under this 

16 title. 

17 ‘‘(2) RATABLE REDUCTION.—If, for any fiscal 

18 year the amount available for allotment under this 

19 title is insufficient to satisfy the provisions of para20 graph (1), the Secretary shall ratable reduce the 

21 payments to all eligible agencies, as necessary. 

22 ‘‘(g) REALLOTMENT.—The portion of any eligible 

23 agency’s allotment under this title for a fiscal year that 

24 the Secretary determines will not be required for the pe25 riod such allotment is available for carrying out activities 


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1 under this title, shall be available for reallotment from 

2 time to time, on such dates during such period as the Sec3 retary shall fix, to other eligible agencies in proportion to 

4 the original allotments to such agencies under this title 

5 for such year. 

6 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

7 ‘‘Programs and activities authorized under this title 

8 are subject to the performance accountability provisions 

9 described in paragraphs (2)(A) and (3) of section 136(b) 

10 and may, at a State’s discretion, include additional indica11 tors identified in the State plan approved under section 

12 224. 

13 ‘‘Subtitle B—State Provisions 

14 ‘‘SEC. 221. STATE ADMINISTRATION. 

15 ‘‘Each eligible agency shall be responsible for the fol16 lowing activities under this title: 

17 ‘‘(1) The development, submission, implementa18 tion, and monitoring of the State plan. 

19 ‘‘(2) Consultation with other appropriate agen20 cies, groups, and individuals that are involved in, or 

21 interested in, the development and implementation 

22 of activities assisted under this title. 

23 ‘‘(3) Coordination and avoidance of duplication 

24 with other Federal and State education, training, 


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1 corrections, public housing, and social service pro2 grams. 

3 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE4 QUIREMENT. 

5 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi6 ble agency receiving a grant under this title for a fiscal 

7 year— 

8 ‘‘(1) shall use not less than 82.5 percent of the 

9 grant funds to award grants and contracts under 

10 section 231 and to carry out section 225, of which 

11 not more than 10 percent of such amount shall be 

12 available to carry out section 225; 

13 ‘‘(2) shall use not more than 12.5 percent of 

14 the grant funds to carry out State leadership activi15 ties under section 223; and 

16 ‘‘(3) shall use not more than 5 percent of the 

17 grant funds, or $65,000, whichever is greater, for 

18 the administrative expenses of the eligible agency. 

19 ‘‘(b) MATCHING REQUIREMENT.— 

20 ‘‘(1) IN GENERAL.—In order to receive a grant 

21 from the Secretary under section 211(b), each eligi22 ble agency shall provide, for the costs to be incurred 

23 by the eligible agency in carrying out the adult edu24 cation and family literacy education programs for 


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1 which the grant is awarded, a non-Federal contribu2 tion in an amount that is not less than— 

3 ‘‘(A) in the case of an eligible agency serv4 ing an outlying area, 12 percent of the total 

5 amount of funds expended for adult education 

6 and family literacy education programs in the 

7 outlying area, except that the Secretary may 

8 decrease the amount of funds required under 

9 this subparagraph for an eligible agency; and 

10 ‘‘(B) in the case of an eligible agency serv11 ing a State, 25 percent of the total amount of 

12 funds expended for adult education and family 

13 literacy education programs in the State. 

14 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi15 ble agency’s non-Federal contribution required under 

16 paragraph (1) may be provided in cash or in kind, 

17 fairly evaluated, and shall include only non-Federal 

18 funds that are used for adult education and family 

19 literacy education programs in a manner that is con20 sistent with the purpose of this title. 

21 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

22 ‘‘(a) IN GENERAL.—Each eligible agency may use 

23 funds made available under section 222(a)(2) for any of 

24 the following adult education and family literacy education 

25 programs: 


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1 ‘‘(1) The establishment or operation of profes2 sional development programs to improve the quality 

3 of instruction provided pursuant to local activities 

4 required under section 231(b). 

5 ‘‘(2) The provision of technical assistance to eli6 gible providers of adult education and family literacy 

7 education programs, including for the development 

8 and dissemination of evidence based research in9 structional practices in reading, writing, speaking, 

10 mathematics, and English language acquisition pro11 grams. 

12 ‘‘(3) The provision of assistance to eligible pro13 viders in developing, implementing, and reporting 

14 measurable progress in achieving the objectives of 

15 this title. 

16 ‘‘(4) The monitoring and evaluation of the qual17 ity of, and the improvement in, adult education and 

18 literacy activities. 

19 ‘‘(5) The provision of technology assistance, in20 cluding staff training, to eligible providers of adult 

21 education and family literacy education programs, 

22 including distance education activities, to enable the 

23 eligible providers to improve the quality of such ac24 tivities. 


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1 ‘‘(6) The development and implementation of 

2 technology applications or distance education, in3 cluding professional development to support the use 

4 of instructional technology. 

5 ‘‘(7) Coordination with other public programs, 

6 including programs under title I of this Act, and 

7 other welfare-to-work, workforce development, and 

8 job training programs. 

9 ‘‘(8) Coordination with existing support serv10 ices, such as transportation, child care, and other 

11 assistance designed to increase rates of enrollment 

12 in, and successful completion of, adult education and 

13 family literacy education programs, for adults en14 rolled in such activities. 

15 ‘‘(9) The development and implementation of a 

16 system to assist in the transition from adult basic 

17 education to postsecondary education. 

18 ‘‘(10) Activities to promote workplace literacy 

19 programs. 

20 ‘‘(11) Other activities of statewide significance, 

21 including assisting eligible providers in achieving 

22 progress in improving the skill levels of adults who 

23 participate in programs under this title. 


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1 ‘‘(12) Integration of literacy, instructional, and 

2 occupational skill training and promotion of linkages 

3 with employees. 

4 ‘‘(b) COORDINATION.—In carrying out this section, 

5 eligible agencies shall coordinate where possible, and avoid 

6 duplicating efforts, in order to maximize the impact of the 

7 activities described in subsection (a). 

8 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

9 State or outlying area implements any rule or policy relat10 ing to the administration or operation of a program au11 thorized under this title that has the effect of imposing 

12 a requirement that is not imposed under Federal law (in13 cluding any rule or policy based on a State or outlying 

14 area interpretation of a Federal statute, regulation, or 

15 guideline), the State or outlying area shall identify, to eli16 gible providers, the rule or policy as being imposed by the 

17 State or outlying area. 

18 ‘‘SEC. 224. STATE PLAN. 

19 ‘‘(a) 3-YEAR PLANS.— 

20 ‘‘(1) IN GENERAL.—Each eligible agency desir21 ing a grant under this title for any fiscal year shall 

22 submit to, or have on file with, the Secretary a 3- 

23 year State plan. 


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1 ‘‘(2) STATE UNIFIED PLAN.—The eligible agen2 cy may submit the State plan as part of a State uni3 fied plan described in section 501. 

4 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in5 clude in the State plan or any revisions to the State plan— 

6 ‘‘(1) an objective assessment of the needs of in7 dividuals in the State or outlying area for adult edu8 cation and family literacy education programs, in9 cluding individuals most in need or hardest to serve; 

10 ‘‘(2) a description of the adult education and 

11 family literacy education programs that will be car12 ried out with funds received under this title; 

13 ‘‘(3) an assurance that the funds received under 

14 this title will not be expended for any purpose other 

15 than for activities under this title; 

16 ‘‘(4) a description of how the eligible agency 

17 will annually evaluate and measure the effectiveness 

18 and improvement of the adult education and family 

19 literacy education programs funded under this title 

20 using the indicators of performance described in sec21 tion 136, including how the eligible agency will con22 duct such annual evaluations and measures for each 

23 grant received under this title; 


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1 ‘‘(5) a description of how the eligible agency 

2 will fund local activities in accordance with the 

3 measurable goals described in section 231(d); 

4 ‘‘(6) an assurance that the eligible agency will 

5 expend the funds under this title only in a manner 

6 consistent with fiscal requirements in section 241; 

7 ‘‘(7) a description of the process that will be 

8 used for public participation and comment with re9 spect to the State plan, which— 

10 ‘‘(A) shall include consultation with the 

11 State workforce investment board, the State 

12 board responsible for administering community 

13 or technical colleges, the Governor, the State 

14 educational agency, the State board or agency 

15 responsible for administering block grants for 

16 temporary assistance to needy families under 

17 title IV of the Social Security Act, the State 

18 council on disabilities, the State vocational re19 habilitation agency, and other State agencies 

20 that promote the improvement of adult edu21 cation and family literacy education programs, 

22 and direct providers of such programs; and 

23 ‘‘(B) may include consultation with the 

24 State agency on higher education, institutions 

25 responsible for professional development of 


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1 adult education and family literacy education 

2 programs instructors, representatives of busi3 ness and industry, refugee assistance programs, 

4 and faith-based organizations; 

5 ‘‘(8) a description of the eligible agency’s strat6 egies for serving populations that include, at a min7 imum— 

8 ‘‘(A) low-income individuals; 

9 ‘‘(B) individuals with disabilities; 

10 ‘‘(C) the unemployed; 

11 ‘‘(D) the underemployed; and 

12 ‘‘(E) individuals with multiple barriers to 

13 educational enhancement, including English 

14 learners; 

15 ‘‘(9) a description of how the adult education 

16 and family literacy education programs that will be 

17 carried out with any funds received under this title 

18 will be integrated with other adult education, career 

19 development, and employment and training activities 

20 in the State or outlying area served by the eligible 

21 agency; 

22 ‘‘(10) a description of the steps the eligible 

23 agency will take to ensure direct and equitable ac24 cess, as required in section 231(c)(1), including— 


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1 ‘‘(A) how the State will build the capacity 

2 of community-based and faith-based organiza3 tions to provide adult education and family lit4 eracy education programs; and 

5 ‘‘(B) how the State will increase the par6 ticipation of business and industry in adult edu7 cation and family literacy education programs; 

8 ‘‘(11) an assessment of the adequacy of the sys9 tem of the State or outlying area to ensure teacher 

10 quality and a description of how the State or out11 lying area will use funds received under this subtitle 

12 to improve teacher quality, including evidence-based 

13 professional development to improve instruction; and 

14 ‘‘(12) a description of how the eligible agency 

15 will consult with any State agency responsible for 

16 postsecondary education to develop adult education 

17 that prepares students to enter postsecondary edu18 cation without the need for remediation upon com19 pletion of secondary school equivalency programs. 

20 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

21 or other factors require substantial revisions to an ap22 proved State plan, the eligible agency shall submit the re23 visions of the State plan to the Secretary. 

24 ‘‘(d) CONSULTATION.—The eligible agency shall— 


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1 ‘‘(1) submit the State plan, and any revisions to 

2 the State plan, to the Governor, the chief State 

3 school officer, or the State officer responsible for ad4 ministering community or technical colleges, or out5 lying area for review and comment; and 

6 ‘‘(2) ensure that any comments regarding the 

7 State plan by the Governor, the chief State school 

8 officer, or the State officer responsible for admin9 istering community or technical colleges, and any re10 vision to the State plan, are submitted to the Sec11 retary. 

12 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

13 ‘‘(1) approve a State plan within 90 days after 

14 receiving the plan unless the Secretary makes a writ15 ten determination within 30 days after receiving the 

16 plan that the plan does not meet the requirements 

17 of this section or is inconsistent with specific provi18 sions of this subtitle; and 

19 ‘‘(2) not finally disapprove of a State plan be20 fore offering the eligible agency the opportunity, 

21 prior to the expiration of the 30-day period begin22 ning on the date on which the eligible agency re23 ceived the written determination described in para24 graph (1), to review the plan and providing technical 


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1 assistance in order to assist the eligible agency in 

2 meeting the requirements of this subtitle. 

3 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

4 OTHER INSTITUTIONALIZED INDIVIDUALS. 

5 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

6 available under section 222(a)(1) for a fiscal year, each 

7 eligible agency shall carry out corrections education and 

8 education for other institutionalized individuals. 

9 ‘‘(b) USES OF FUNDS.—The funds described in sub10 section (a) shall be used for the cost of educational pro11 grams for criminal offenders in correctional institutions 

12 and for other institutionalized individuals, including aca13 demic programs for— 

14 ‘‘(1) basic skills education; 

15 ‘‘(2) special education programs as determined 

16 by the eligible agency; 

17 ‘‘(3) reading, writing, speaking, and mathe18 matics programs; 

19 ‘‘(4) secondary school credit or diploma pro20 grams or their recognized equivalent; and 

21 ‘‘(5) integrated education and training. 

22 ‘‘(c) PRIORITY.—Each eligible agency that is using 

23 assistance provided under this section to carry out a pro24 gram for criminal offenders within a correctional institu25 tion shall give priority to serving individuals who are likely 


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1 to leave the correctional institution within 5 years of par2 ticipation in the program. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

5 ‘correctional institution’ means any— 

6 ‘‘(A) prison; 

7 ‘‘(B) jail; 

8 ‘‘(C) reformatory; 

9 ‘‘(D) work farm; 

10 ‘‘(E) detention center; or 

11 ‘‘(F) halfway house, community-based re12 habilitation center, or any other similar institu13 tion designed for the confinement or rehabilita14 tion of criminal offenders. 

15 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi16 nal offender’ means any individual who is charged 

17 with, or convicted of, any criminal offense. 

18 ‘‘Subtitle C—Local Provisions 

19 ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO20 VIDERS. 

21 ‘‘(a) GRANTS AND CONTRACTS.—From grant funds 

22 made available under section 222(a)(1), each eligible agen23 cy shall award multi-year grants or contracts, on a com24 petitive basis, to eligible providers within the State or out25 lying area that meet the conditions and requirements of 


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1 this title to enable the eligible providers to develop, imple2 ment, and improve adult education and family literacy 

3 education programs within the State. 

4 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 

5 require eligible providers receiving a grant or contract 

6 under subsection (a) to establish or operate— 

7 ‘‘(1) programs that provide adult education and 

8 literacy activities; 

9 ‘‘(2) programs that provide integrated edu10 cation and training activities; or 

11 ‘‘(3) credit-bearing postsecondary coursework. 

12 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC13 ESS.—Each eligible agency receiving funds under this title 

14 shall ensure that— 

15 ‘‘(1) all eligible providers have direct and equi16 table access to apply for grants or contracts under 

17 this section; and 

18 ‘‘(2) the same grant or contract announcement 

19 process and application process is used for all eligi20 ble providers in the State or outlying area. 

21 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

22 require eligible providers receiving a grant or contract 

23 under subsection (a) to demonstrate— 

24 ‘‘(1) the eligible provider’s measurable goals for 

25 participant outcomes to be achieved annually on the 


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1 core indicators of performance described in section 

2 136(b)(2)(A); 

3 ‘‘(2) the past effectiveness of the eligible pro4 vider in improving the basic academic skills of adults 

5 and, for eligible providers receiving grants in the 

6 prior year, the success of the eligible provider receiv7 ing funding under this title in exceeding its perform8 ance goals in the prior year; 

9 ‘‘(3) the commitment of the eligible provider to 

10 serve individuals in the community who are the most 

11 in need of basic academic skills instruction services, 

12 including individuals with disabilities and individuals 

13 who are low-income or have minimal reading, writ14 ing, speaking, and mathematics skills, or are English 

15 learners; 

16 ‘‘(4) the program is of sufficient intensity and 

17 quality for participants to achieve substantial learn18 ing gains; 

19 ‘‘(5) educational practices are evidence-based; 

20 ‘‘(6) the activities of the eligible provider effec21 tively employ advances in technology, and delivery 

22 systems including distance education; 

23 ‘‘(7) the activities provide instruction in real-life 

24 contexts, including integrated education and training 

25 when appropriate, to ensure that an individual has 


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1 the skills needed to compete in the workplace and 

2 exercise the rights and responsibilities of citizenship; 

3 ‘‘(8) the activities are staffed by well-trained in4 structors, counselors, and administrators who meet 

5 minimum qualifications established by the State; 

6 ‘‘(9) the activities are coordinated with other 

7 available resources in the community, such as 

8 through strong links with elementary schools and 

9 secondary schools, postsecondary educational institu10 tions, local workforce investment boards, one-stop 

11 centers, job training programs, community-based 

12 and faith-based organizations, and social service 

13 agencies; 

14 ‘‘(10) the activities offer flexible schedules and 

15 support services (such as child care and transpor16 tation) that are necessary to enable individuals, in17 cluding individuals with disabilities or other special 

18 needs, to attend and complete programs; 

19 ‘‘(11) the activities include a high-quality infor20 mation management system that has the capacity to 

21 report measurable participant outcomes (consistent 

22 with section 136) and to monitor program perform23 ance; 

24 ‘‘(12) the local communities have a dem25 onstrated need for additional English language acVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 quisition programs, and integrated education and 

2 training programs; 

3 ‘‘(13) the capacity of the eligible provider to 

4 produce valid information on performance results, 

5 including enrollments and measurable participant 

6 outcomes; 

7 ‘‘(14) adult education and family literacy edu8 cation programs offer rigorous reading, writing, 

9 speaking, and mathematics content that are evidence 

10 based; and 

11 ‘‘(15) applications of technology, and services to 

12 be provided by the eligible providers, are of sufficient 

13 intensity and duration to increase the amount and 

14 quality of learning and lead to measurable learning 

15 gains within specified time periods. 

16 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

17 grant funds under this title to serve children participating 

18 in family literacy programs assisted under this part, pro19 vided that other sources of funds available to provide simi20 lar services for such children are used first. 

21 ‘‘SEC. 232. LOCAL APPLICATION. 

22 ‘‘Each eligible provider desiring a grant or contract 

23 under this title shall submit an application to the eligible 

24 agency containing such information and assurances as the 

25 eligible agency may require, including— 


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1 ‘‘(1) a description of how funds awarded under 

2 this title will be spent consistent with the require3 ments of this title; 

4 ‘‘(2) a description of any cooperative arrange5 ments the eligible provider has with other agencies, 

6 institutions, or organizations for the delivery of 

7 adult education and family literacy education pro8 grams; and 

9 ‘‘(3) each of the demonstrations required by 

10 section 231(d). 

11 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

12 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

13 amount that is made available under this title to an eligi14 ble provider— 

15 ‘‘(1) at least 95 percent shall be expended for 

16 carrying out adult education and family literacy edu17 cation programs; and 

18 ‘‘(2) the remaining amount shall be used for 

19 planning, administration, personnel and professional 

20 development, development of measurable goals in 

21 reading, writing, speaking, and mathematics, and 

22 interagency coordination. 

23 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

24 described in subsection (a) are too restrictive to allow for 

25 adequate planning, administration, personnel developVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 ment, and interagency coordination, the eligible provider 

2 may negotiate with the eligible agency in order to deter3 mine an adequate level of funds to be used for noninstruc4 tional purposes. 

5 ‘‘Subtitle D—General Provisions 

6 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

7 ‘‘Funds made available for adult education and fam8 ily literacy education programs under this title shall sup9 plement and not supplant other State or local public funds 

10 expended for adult education and family literacy education 

11 programs. 

12 ‘‘SEC. 242. NATIONAL ACTIVITIES. 

13 ‘‘The Secretary shall establish and carry out a pro14 gram of national activities that may include the following: 

15 ‘‘(1) Providing technical assistance to eligible 

16 entities, on request, to— 

17 ‘‘(A) improve their fiscal management, re18 search-based instruction, and reporting require19 ments to carry out the requirements of this 

20 title; 

21 ‘‘(B) improve its performance on the core 

22 indicators of performance described in section 

23 136; 

24 ‘‘(C) provide adult education professional 

25 development; and 


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1 ‘‘(D) use distance education and improve 

2 the application of technology in the classroom, 

3 including instruction in English language acqui4 sition for English learners. 

5 ‘‘(2) Providing for the conduct of research on 

6 national literacy basic skill acquisition levels among 

7 adults, including the number of adult English learn8 ers functioning at different levels of reading pro9 ficiency. 

10 ‘‘(3) Improving the coordination, efficiency, and 

11 effectiveness of adult education and workforce devel12 opment services at the national, State, and local lev13 els. 

14 ‘‘(4) Determining how participation in adult 

15 education, English language acquisition, and family 

16 literacy education programs prepares individuals for 

17 entry into and success in postsecondary education 

18 and employment, and in the case of prison-based 

19 services, the effect on recidivism. 

20 ‘‘(5) Evaluating how different types of pro21 viders, including community and faith-based organi22 zations or private for-profit agencies measurably im23 prove the skills of participants in adult education, 

24 English language acquisition, and family literacy 

25 education programs. 


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1 ‘‘(6) Identifying model integrated basic and 

2 workplace skills education programs, including pro3 grams for English learners coordinated literacy and 

4 employment services, and effective strategies for 

5 serving adults with disabilities. 

6 ‘‘(7) Initiating other activities designed to im7 prove the measurable quality and effectiveness of 

8 adult education, English language acquisition, and 

9 family literacy education programs nationwide.’’. 

10 TITLE III—AMENDMENTS TO 

11 THE WAGNER-PEYSER ACT 

12 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

13 Section 15 of the Wagner-Peyser Act (29 U.S.C. 49l– 

14 2) is amended to read as follows: 

15 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

16 SYSTEM. 

17 ‘‘(a) SYSTEM CONTENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Labor 

19 (referred to in this section as the ‘Secretary’), in ac20 cordance with the provisions of this section, shall 

21 oversee the development, maintenance, and contin22 uous improvement of a nationwide workforce and 

23 labor market information system that includes— 

24 ‘‘(A) statistical data from cooperative sta25 tistical survey and projection programs and 


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1 data from administrative reporting systems 

2 that, taken together, enumerate, estimate, and 

3 project employment opportunities and condi4 tions at national, State, and local levels in a 

5 timely manner, including statistics on— 

6 ‘‘(i) employment and unemployment 

7 status of national, State, and local popu8 lations, including self-employed, part-time, 

9 and seasonal workers; 

10 ‘‘(ii) industrial distribution of occupa11 tions, as well as current and projected em12 ployment opportunities, wages, benefits 

13 (where data is available), and skill trends 

14 by occupation and industry, with particular 

15 attention paid to State and local condi16 tions; 

17 ‘‘(iii) the incidence of, industrial and 

18 geographical location of, and number of 

19 workers displaced by, permanent layoffs 

20 and plant closings; and 

21 ‘‘(iv) employment and earnings infor22 mation maintained in a longitudinal man23 ner to be used for research and program 

24 evaluation; 


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1 ‘‘(B) information on State and local em2 ployment opportunities, and other appropriate 

3 statistical data related to labor market dynam4 ics, which— 

5 ‘‘(i) shall be current and comprehen6 sive; 

7 ‘‘(ii) shall meet the needs identified 

8 through the consultations described in sub9 paragraphs (C) and (D) of subsection 

10 (e)(1); and 

11 ‘‘(iii) shall meet the needs for the in12 formation identified in section 

13 121(e)(1)(E) of the Workforce Investment 

14 Act of 1998 (29 U.S.C. 2841(e)(1)(E)); 

15 ‘‘(C) technical standards (which the Sec16 retary shall publish annually) for data and in17 formation described in subparagraphs (A) and 

18 (B) that, at a minimum, meet the criteria of 

19 chapter 35 of title 44, United States Code; 

20 ‘‘(D) procedures to ensure compatibility 

21 and additivity of the data and information de22 scribed in subparagraphs (A) and (B) from na23 tional, State, and local levels; 

24 ‘‘(E) procedures to support standardization 

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•S 1911 IS

1 porting systems described in subparagraph (A) 

2 of employment-related programs; 

3 ‘‘(F) analysis of data and information de4 scribed in subparagraphs (A) and (B) for uses 

5 such as— 

6 ‘‘(i) national, State, and local policy7 making; 

8 ‘‘(ii) implementation of Federal poli9 cies (including allocation formulas); 

10 ‘‘(iii) program planning and evalua11 tion; and 

12 ‘‘(iv) researching labor market dynam13 ics; 

14 ‘‘(G) wide dissemination of such data, in15 formation, and analysis in a user-friendly man16 ner and voluntary technical standards for dis17 semination mechanisms; and 

18 ‘‘(H) programs of— 

19 ‘‘(i) training for effective data dis20 semination; 

21 ‘‘(ii) research and demonstration; and 

22 ‘‘(iii) programs and technical assist23 ance. 

24 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 


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1 ‘‘(A) IN GENERAL.—No officer or em2 ployee of the Federal Government or agent of 

3 the Federal Government may— 

4 ‘‘(i) use any submission that is fur5 nished for exclusively statistical purposes 

6 under the provisions of this section for any 

7 purpose other than the statistical purposes 

8 for which the submission is furnished; 

9 ‘‘(ii) disclose to the public any publi10 cation or media transmittal of the data 

11 contained in the submission described in 

12 clause (i) that permits information con13 cerning an individual subject to be reason14 ably inferred by either direct or indirect 

15 means; or 

16 ‘‘(iii) permit anyone other than a 

17 sworn officer, employee, or agent of any 

18 Federal department or agency, or a con19 tractor (including an employee of a con20 tractor) of such department or agency, to 

21 examine an individual submission described 

22 in clause (i), 

23 without the consent of the individual, agency, or 

24 other person who is the subject of the submis25 sion or provides that submission. 


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•S 1911 IS

1 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

2 Any submission (including any data derived 

3 from the submission) that is collected and re4 tained by a Federal department or agency, or 

5 an officer, employee, agent, or contractor of 

6 such a department or agency, for exclusively 

7 statistical purposes under this section shall be 

8 immune from the legal process and shall not, 

9 without the consent of the individual, agency, or 

10 other person who is the subject of the submis11 sion or provides that submission, be admitted 

12 as evidence or used for any purpose in any ac13 tion, suit, or other judicial or administrative 

14 proceeding. 

15 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

16 in this section shall be construed to provide im17 munity from the legal process for such submis18 sion (including any data derived from the sub19 mission) if the submission is in the possession 

20 of any person, agency, or entity other than the 

21 Federal Government or an officer, employee, 

22 agent, or contractor of the Federal Government, 

23 or if the submission is independently collected, 

24 retained, or produced for purposes other than 

25 the purposes of this Act. 


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1 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

2 ‘‘(1) IN GENERAL.—The workforce and labor 

3 market information system described in subsection 

4 (a) shall be planned, administered, overseen, and 

5 evaluated through a cooperative governance struc6 ture involving the Federal Government and States. 

7 ‘‘(2) DUTIES.—The Secretary, with respect to 

8 data collection, analysis, and dissemination of work9 force and labor market information for the system, 

10 shall carry out the following duties: 

11 ‘‘(A) Assign responsibilities within the De12 partment of Labor for elements of the work13 force and labor market information system de14 scribed in subsection (a) to ensure that all sta15 tistical and administrative data collected is con16 sistent with appropriate Bureau of Labor Sta17 tistics standards and definitions. 

18 ‘‘(B) Actively seek the cooperation of other 

19 Federal agencies to establish and maintain 

20 mechanisms for ensuring complementarity and 

21 nonduplication in the development and oper22 ation of statistical and administrative data col23 lection activities. 


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1 ‘‘(C) Eliminate gaps and duplication in 

2 statistical undertakings, with the systemization 

3 of wage surveys as an early priority. 

4 ‘‘(D) In collaboration with the Bureau of 

5 Labor Statistics and States, develop and main6 tain the elements of the workforce and labor 

7 market information system described in sub8 section (a), including the development of con9 sistent procedures and definitions for use by the 

10 States in collecting the data and information 

11 described in subparagraphs (A) and (B) of sub12 section (a)(1). 

13 ‘‘(E) Establish procedures for the system 

14 to ensure that— 

15 ‘‘(i) such data and information are 

16 timely; 

17 ‘‘(ii) paperwork and reporting for the 

18 system are reduced to a minimum; and 

19 ‘‘(iii) States and localities are fully in20 volved in the development and continuous 

21 improvement of the system at all levels. 

22 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

23 SERVICES.—The Secretary is authorized to assist in the 

24 development of national electronic tools that may be used 

25 to facilitate the delivery of work ready services described 


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1 in section 134(c)(2) of the Workforce Investment Act of 

2 1998 (29 U.S.C. 2864(c)(2)) and to provide workforce and 

3 labor market information to individuals through the one4 stop delivery systems described in section 121 and through 

5 other appropriate delivery systems. 

6 ‘‘(d) COORDINATION WITH THE STATES.— 

7 ‘‘(1) IN GENERAL.—The Secretary, working 

8 through the Bureau of Labor Statistics and the Em9 ployment and Training Administration, shall regu10 larly consult with representatives of State agencies 

11 carrying out workforce information activities regard12 ing strategies for improving the workforce and labor 

13 market information system. 

14 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

15 each year, the Secretary, working through the Bu16 reau of Labor Statistics, shall conduct formal con17 sultations regarding programs carried out by the 

18 Bureau of Labor Statistics with representatives of 

19 each of the Federal regions of the Bureau of Labor 

20 Statistics, elected (pursuant to a process established 

21 by the Secretary) from the State directors affiliated 

22 with State agencies that perform the duties de23 scribed in subsection (e)(1). 

24 ‘‘(e) STATE RESPONSIBILITIES.— 


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1 ‘‘(1) IN GENERAL.—In order to receive Federal 

2 financial assistance under this section, the Governor 

3 of a State shall— 

4 ‘‘(A) be responsible for the management of 

5 the portions of the workforce and labor market 

6 information system described in subsection (a) 

7 that comprise a statewide workforce and labor 

8 market information system; 

9 ‘‘(B) establish a process for the oversight 

10 of such system; 

11 ‘‘(C) consult with State and local employ12 ers, participants, and local workforce invest13 ment boards about the labor market relevance 

14 of the data to be collected and disseminated 

15 through the statewide workforce and labor mar16 ket information system; 

17 ‘‘(D) consult with State educational agen18 cies and local educational agencies concerning 

19 the provision of workforce and labor market in20 formation in order to meet the needs of sec21 ondary school and postsecondary school stu22 dents who seek such information; 

23 ‘‘(E) collect and disseminate for the sys24 tem, on behalf of the State and localities in the 

25 State, the information and data described in 


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1 subparagraphs (A) and (B) of subsection 

2 (a)(1); 

3 ‘‘(F) maintain and continuously improve 

4 the statewide workforce and labor market infor5 mation system in accordance with this section; 

6 ‘‘(G) perform contract and grant respon7 sibilities for data collection, analysis, and dis8 semination for such system; 

9 ‘‘(H) conduct such other data collection, 

10 analysis, and dissemination activities as will en11 sure an effective statewide workforce and labor 

12 market information system; 

13 ‘‘(I) actively seek the participation of other 

14 State and local agencies in data collection, anal15 ysis, and dissemination activities in order to en16 sure complementarity, compatibility, and useful17 ness of data; 

18 ‘‘(J) participate in the development of, and 

19 submit to the Secretary, an annual plan to 

20 carry out the requirements and authorities of 

21 this subsection; and 

22 ‘‘(K) utilize the quarterly records described 

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1 sist the State and other States in measuring 

2 State progress on State performance measures. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

4 this section shall be construed as limiting the ability 

5 of a Governor to conduct additional data collection, 

6 analysis, and dissemination activities with State 

7 funds or with Federal funds from sources other than 

8 this section. 

9 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

10 functions and activities carried out pursuant to this sec11 tion shall duplicate the functions and activities carried out 

12 under the Carl D. Perkins Career and Technical Edu13 cation Act of 2006 (20 U.S.C. 2301 et seq.). 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $60,153,000 for fiscal year 2015 and each of the 6 suc17 ceeding fiscal years.’’. 

18 TITLE IV—REPEALS AND 

19 CONFORMING AMENDMENTS 

20 SEC. 401. REPEALS. 

21 The following provisions are repealed: 

22 (1) Chapter 4 of subtitle B of title I, and sec23 tions 123, 155, 166, 167, 168, 169, 171, 173, 173A, 

24 174, 192, 194, 502, 503, and 506 of the Workforce 


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1 Investment Act of 1998, as in effect on the day be2 fore the date of enactment of the SKILLS Act. 

3 (2) Title V of the Older Americans Act of 1965 

4 (42 U.S.C. 3056 et seq.). 

5 (3) Sections 1 through 14 of the Wagner6 Peyser Act (29 U.S.C. 49 et seq.). 

7 (4) The Twenty-First Century Workforce Com8 mission Act (29 U.S.C. 2701 note). 

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

10 (popularly known as the ‘‘Youth Conservation Corps 

11 Act of 1970’’). 

12 (6) Section 821 of the Higher Education 

13 Amendments of 1998 (20 U.S.C. 1151). 

14 (7) The Women in Apprenticeship and Non15 traditional Occupations Act (29 U.S.C. 2501 et 

16 seq.). 

17 (8) Sections 4103A and 4104 of title 38, 

18 United States Code. 

19 SEC. 402. AMENDMENTS TO OTHER LAWS. 

20 Section 104(k)(6)(A) of the Comprehensive Environ21 mental Response, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking 

23 ‘‘training, research, and’’ and inserting ‘‘research and’’. 

24 (a) AMENDMENTS TO THE FOOD AND NUTRITION

25 ACT OF 2008.— 


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1 (1) DEFINITION.—Section 3(t) of the Food and 

2 Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amend3 ed— 

4 (A) by striking ‘‘means (1) the agency’’ 

5 and inserting the following: ‘‘means— 

6 ‘‘(A) the agency’’; 

7 (B) by striking ‘‘programs, and (2) the 

8 tribal’’ and inserting the following: ‘‘programs; 

9 ‘‘(B) the tribal’’; and 

10 (C) by striking ‘‘this Act.’’ and inserting 

11 the following: ‘‘this Act; and 

12 ‘‘(C) in the context of employment and 

13 training activities under section 6(d)(4), a State 

14 board as defined in section 101 of the Work15 force Investment Act of 1998 (29 U.S.C. 

16 2801).’’. 

17 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 

18 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 

19 amended— 

20 (A) in subsection (d)(14) by striking ‘‘sec21 tion 6(d)(4)(I)’’ and inserting ‘‘section 

22 6(d)(4)(C)’’, and 

23 (B) in subsection (g)(3), in the first sen24 tence, by striking ‘‘constitutes adequate partici25 pation in an employment and training program 


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•S 1911 IS

1 under section 6(d)’’ and inserting ‘‘allows the 

2 individual to participate in employment and 

3 training activities under section 6(d)(4)’’. 

4 (3) ELIGIBILITY DISQUALIFICATIONS.—Section 

5 6(d)(4) of the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2015(d)(4)) is amended to read as follows: 

7 ‘‘(D) EMPLOYMENT AND TRAINING.— 

8 ‘‘(i) IMPLEMENTATION.—Each State 

9 agency shall provide employment and 

10 training services authorized under section 

11 134 of the Workforce Investment Act of 

12 1998 (29 U.S.C. 2864) to eligible members 

13 of households participating in the supple14 mental nutrition assistance program in 

15 gaining skills, training, work, or experience 

16 that will increase their ability to obtain 

17 regular employment. 

18 ‘‘(ii) STATEWIDE WORKFORCE DEVEL19 OPMENT SYSTEM.—Consistent with sub20 paragraph (A), employment and training 

21 services shall be provided through the 

22 statewide workforce development system, 

23 including the one-stop delivery system au24 thorized by the Workforce Investment Act 

25 of 1998 (29 U.S.C. 2801 et seq.). 


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1 ‘‘(iii) REIMBURSEMENTS.— 

2 ‘‘(I) ACTUAL COSTS.—The State 

3 agency shall provide payments or re4 imbursement to participants served 

5 under this paragraph for— 

6 ‘‘(aa) the actual costs of 

7 transportation and other actual 

8 costs (other than dependent care 

9 costs) that are reasonably nec10 essary and directly related to the 

11 individual participating in em12 ployment and training activities; 

13 and 

14 ‘‘(bb) the actual costs of 

15 such dependent care expenses as 

16 are determined by the State 

17 agency to be necessary for the in18 dividual to participate in employ19 ment and training activities 

20 (other than an individual who is 

21 the caretaker relative of a de22 pendent in a family receiving 

23 benefits under part A of title IV 

24 of the Social Security Act (42 

25 U.S.C. 601 et seq.) in a local 


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•S 1911 IS

1 area where an employment, train2 ing, or education program under 

3 title IV of that Act is in oper4 ation), except that no such pay5 ment or reimbursement shall ex6 ceed the applicable local market 

7 rate. 

8 ‘‘(II) SERVICE CONTRACTS AND

9 VOUCHERS.—In lieu of providing re10 imbursements or payments for de11 pendent care expenses under clause 

12 (i), a State agency may, at the option 

13 of the State agency, arrange for de14 pendent care through providers by the 

15 use of purchase of service contracts or 

16 vouchers or by providing vouchers to 

17 the household. 

18 ‘‘(III) VALUE OF REIMBURSE19 MENTS.—The value of any dependent 

20 care services provided for or arranged 

21 under clause (ii), or any amount re22 ceived as a payment or reimbursement 

23 under clause (i), shall— 

24 ‘‘(aa) not be treated as in25 come for the purposes of any 


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•S 1911 IS

1 other Federal or federally as2 sisted program that bases eligi3 bility for, or the amount of bene4 fits on, need; and 

5 ‘‘(bb) not be claimed as an 

6 employment-related expense for 

7 the purposes of the credit pro8 vided under section 21 of the In9 ternal Revenue Code of 1986 (26 

10 U.S.C. 21).’’. 

11 (4) ADMINISTRATION.—Section 11(e)(19) of 

12 the Food and Nutrition Act of 2008 (7 U.S.C. 

13 2020(e)(11)) is amended to read as follows: 

14 ‘‘(S) the plans of the State agency for pro15 viding employment and training services under 

16 section 6(d)(4);’’. 

17 (5) ADMINISTRATIVE COST-SHARING AND QUAL18 ITY CONTROL.—Section 16(h) of the Food and Nu19 trition Act of 2008 (7 U.S.C. 2025(h)) is amend20 ed— 

21 (A) in paragraph (1)— 

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

23 ‘‘carry out employment and training pro24 grams’’ and inserting ‘‘provide employment 


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1 and training services to eligible households 

2 under section 6(d)(4)’’; and 

3 (ii) in subparagraph (D), by striking 

4 ‘‘operating an employment and training 

5 program’’ and inserting ‘‘providing employ6 ment and training services consistent with 

7 section 6(d)(4)’’; 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘participation in an 

10 employment and training program’’ and in11 serting ‘‘the individual participating in em12 ployment and training activities’’; and 

13 (ii) by striking ‘‘section 

14 6(d)(4)(I)(i)(II)’’ and inserting ‘‘section 

15 6(d)(4)(C)(i)(II)’’; 

16 (C) in paragraph (4), by striking ‘‘for op17 erating an employment and training program’’ 

18 and inserting ‘‘to provide employment and 

19 training services’’; and 

20 (D) by striking paragraph (5) and insert21 ing the following: 

22 ‘‘(E) MONITORING.— 

23 ‘‘(i) IN GENERAL.—The Secretary, in 

24 conjunction with the Secretary of Labor, 

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1 sible for administering employment and 

2 training services under section 6(d)(4) to 

3 ensure funds are being spent effectively 

4 and efficiently. 

5 ‘‘(ii) ACCOUNTABILITY.—Each pro6 gram of employment and training receiving 

7 funds under section 6(d)(4) shall be sub8 ject to the requirements of the perform9 ance accountability system, including hav10 ing to meet the State performance meas11 ures described in section 136 of the Work12 force Investment Act (29 U.S.C. 2871).’’. 

13 (6) RESEARCH, DEMONSTRATION, AND EVALUA14 TIONS.—Section 17 of the Food and Nutrition Act 

15 of 2008 (7 U.S.C. 2026) is amended— 

16 (A) in subsection (b)— 

17 (i) in paragraph (1)(B)(iv)(III)(dd), 

18 by striking ‘‘, (4)(F)(i), or (4)(K)’’ and in19 serting ‘‘or (4)’’; and 

20 (ii) by striking paragraph (3); and 

21 (B) in subsection (g), in the first sentence 

22 in the matter preceding paragraph (1)— 

23 (i) by striking ‘‘programs established’’ 

24 and inserting ‘‘activities provided to eligi25 ble households’’; and 


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1 (ii) by inserting ‘‘, in conjunction with 

2 the Secretary of Labor,’’ after ‘‘Sec3 retary’’. 

4 (7) MINNESOTA FAMILY INVESTMENT

5 PROJECT.—Section 22(b)(4) of the Food and Nutri6 tion Act of 2008 (7 U.S.C. 2031(b)(4)) is amended 

7 by striking ‘‘equivalent to those offered under the 

8 employment and training program’’. 

9 (b) AMENDMENTS TO SECTION 412 OF THE IMMI10 GRATION AND NATIONALITY ACT.— 

11 (1) CONDITIONS AND CONSIDERATIONS.—Sec12 tion 412(a) of the Immigration and Nationality Act 

13 (8 U.S.C. 1522(a)) is amended— 

14 (A) in paragraph (1)— 

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

16 ‘‘make available sufficient resources for 

17 employment training and placement’’ and 

18 inserting ‘‘provide refugees with the oppor19 tunity to access employment and training 

20 services, including job placement,’’; and 

21 (ii) in subparagraph (B)(ii), by strik22 ing ‘‘services;’’ and inserting ‘‘services pro23 vided through the Workforce Investment 

24 Act of 1998 (29 U.S.C. 2801 et seq.);’’; 


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1 (B) in paragraph (2)(C)(iii)(II), by insert2 ing ‘‘and training’’ after ‘‘employment’’; 

3 (C) in paragraph (6)(A)(ii)— 

4 (i) by striking ‘‘insure’’ and inserting 

5 ‘‘ensure’’; 

6 (ii) by inserting ‘‘and training’’ after 

7 ‘‘employment’’; and 

8 (iii) by inserting after ‘‘available’’ the 

9 following: ‘‘through the one-stop delivery 

10 system under section 121 of the Workforce 

11 Investment Act of 1998 (29 U.S.C. 

12 2841)’’; and 

13 (D) in paragraph (9), by inserting ‘‘the 

14 Secretary of Labor,’’ after ‘‘Education,’’. 

15 (2) PROGRAM OF INITIAL RESETTLEMENT.— 

16 Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) 

17 is amended— 

18 (A) by striking ‘‘orientation, instruction’’ 

19 and inserting ‘‘orientation and instruction’’; and 

20 (B) by striking ‘‘, and job training for ref21 ugees, and such other education and training of 

22 refugees, as facilitates’’ and inserting ‘‘for refu23 gees to facilitate’’. 


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1 (3) PROJECT GRANTS AND CONTRACTS FOR

2 SERVICES FOR REFUGEES.—Section 412(c) of such 

3 Act (8 U.S.C. 1522(c)) is amended— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)(i), by insert6 ing ‘‘and training’’ after ‘‘employment’’; 

7 and 

8 (ii) by striking subparagraph (C); 

9 (B) in paragraph (2)(B), by striking 

10 ‘‘paragraph—’’ and all that follows through ‘‘in 

11 a manner’’ and inserting ‘‘paragraph in a man12 ner’’; and 

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

14 ‘‘(C) In carrying out this section, the Director 

15 shall ensure that employment and training services 

16 are provided through the statewide workforce devel17 opment system, as appropriate, authorized by the 

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

19 et seq.). Such action may include— 

20 ‘‘(i) making employment and training ac21 tivities described in section 134 of such Act (29 

22 U.S.C. 2864) available to refugees; and 

23 ‘‘(ii) providing refugees with access to a 

24 one-stop delivery system established under sec25 tion 121 of such Act (29 U.S.C. 2841).’’. 


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1 (4) CASH ASSISTANCE AND MEDICAL ASSIST2 ANCE TO REFUGEES.—Section 412(e) of such Act (8 

3 U.S.C. 1522(e)) is amended— 

4 (A) in paragraph (2)(A)(i), by inserting 

5 ‘‘and training’’ after ‘‘providing employment’’; 

6 and 

7 (B) in paragraph (3), by striking ‘‘The’’ 

8 and inserting ‘‘Consistent with subsection 

9 (c)(3), the’’. 

10 (c) AMENDMENTS RELATING TO THE SECOND

11 CHANCE ACT OF 2007.— 

12 (1) FEDERAL PRISONER REENTRY INITIA13 TIVE.—Section 231 of the Second Chance Act of 

14 2007 (42 U.S.C. 17541) is amended— 

15 (A) in subsection (a)(1)(E)— 

16 (i) by inserting ‘‘the Department of 

17 Labor and’’ before ‘‘other Federal agen18 cies’’; and 

19 (ii) by inserting ‘‘State and local 

20 workforce investment boards,’’ after ‘‘com21 munity-based organizations,’’; 

22 (B) in subsection (c)— 

23 (i) in paragraph (2), by striking at 

24 the end ‘‘and’’; 


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1 (ii) in paragraph (3), by striking at 

2 the end the period and inserting ‘‘; and’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(D) to coordinate reentry programs with 

7 the employment and training services provided 

8 through the statewide workforce investment sys9 tem under subtitle B of title I of the Workforce 

10 Investment Act of 1998 (29 U.S.C. 2811 et 

11 seq.).’’; and 

12 (C) in subsection (d), by adding at the end 

13 the following new paragraph: 

14 ‘‘(F) INTERACTION WITH THE WORKFORCE

15 INVESTMENT SYSTEM.— 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 this section, the Director shall ensure that 

18 employment and training services, includ19 ing such employment and services offered 

20 through reentry programs, are provided, as 

21 appropriate, through the statewide work22 force investment system under subtitle B 

23 of title I of the Workforce Investment Act 

24 of 1998 (29 U.S.C. 2811 et seq.), which 

25 may include— 


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1 ‘‘(I) making employment and 

2 training services available to prisoners 

3 prior to and immediately following the 

4 release of such prisoners; or 

5 ‘‘(II) providing prisoners with ac6 cess by remote means to a one-stop 

7 delivery system under section 121 of 

8 the Workforce Investment Act of 

9 1998 (29 U.S.C. 2841) in the State in 

10 which the prison involved is located. 

11 ‘‘(ii) SERVICE DEFINED.—In this 

12 paragraph, the term ‘employment and 

13 training services’ means those services de14 scribed in section 134 of the Workforce In15 vestment Act of 1998 (29 U.S.C. 2864) of16 fered by the Bureau of Prisons, includ17 ing— 

18 ‘‘(I) the skills assessment de19 scribed in subsection (a)(1)(A); 

20 ‘‘(II) the skills development plan 

21 described in subsection (a)(1)(B); and 

22 ‘‘(III) the enhancement, develop23 ment, and implementation of reentry 

24 and skills development programs.’’. 


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1 (2) DUTIES OF THE BUREAU OF PRISONS.— 

2 Section 4042(a) of title 18, United States Code, is 

3 amended— 

4 (A) by redesignating subparagraphs (D) 

5 and (E), as added by section 231(d)(1)(C) of 

6 the Second Chance Act of 2007 (Public Law 

7 110–199; 122 Stat. 685), as paragraphs (6) 

8 and (7), respectively, and adjusting the margin 

9 accordingly; 

10 (B) in paragraph (6), as so redesignated, 

11 by redesignating clauses (i) and (ii) as subpara12 graphs (A) and (B), respectively, and adjusting 

13 the margin accordingly; 

14 (C) in paragraph (7), as so redesignated— 

15 (i) in clause (ii), by striking ‘‘Employ16 ment’’ and inserting ‘‘Employment and 

17 training services (as defined in paragraph 

18 (6) of section 231(d) of the Second Chance 

19 Act of 2007), including basic skills attain20 ment, consistent with such paragraph’’; 

21 and 

22 (ii) by striking clause (iii); and 

23 (D) by redesignating clauses (i), (ii), (iv), 

24 (v), (vi), and (vii) as subparagraphs (A), (B), 


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•S 1911 IS

1 (C), (D), (E), and (F), respectively, and adjust2 ing the margin accordingly. 

3 (d) AMENDMENTS TO THE OMNIBUS CRIME CON4 TROL AND SAFE STREETS ACT OF 1968.—Section 2976 

5 of the Omnibus Crime Control and Safe Streets Act of 

6 1968 (42 U.S.C. 3797w) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘voca9 tional’’ and inserting ‘‘career and technical edu10 cation (as defined in section 3 of the Carl D. 

11 Perkins Career and Technical Education Act of 

12 2006 (20 U.S.C. 2302)) and training’’; 

13 (B) by redesignating paragraphs (4), (5), 

14 (6), and (7) as paragraphs (5), (6), (7), and 

15 (8), respectively; and 

16 (C) by inserting after paragraph (3) the 

17 following new paragraph: 

18 ‘‘(D) coordinating employment and train19 ing services provided through the statewide 

20 workforce investment system under subtitle B 

21 of title I of the Workforce Investment Act of 

22 1998 (29 U.S.C. 2811 et seq.), including a one23 stop delivery system under section 121 of such 

24 Act (29 U.S.C. 2841), for offenders upon reVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 lease from prison, jail, or a juvenile facility, as 

2 appropriate;’’; 

3 (2) in subsection (d)(2), by inserting ‘‘, includ4 ing local workforce investment boards established 

5 under section 117 of the Workforce Investment Act 

6 of 1998 (29 U.S.C. 2832),’’ after ‘‘nonprofit organi7 zations’’; 

8 (3) in subsection (e)— 

9 (A) in paragraph (3), by striking ‘‘victims 

10 services, and employment services’’ and insert11 ing ‘‘and victim services’’; 

12 (B) by redesignating paragraphs (4) and 

13 (5) as paragraphs (5) and (6), respectively; and 

14 (C) by inserting after paragraph (3) the 

15 following new paragraph: 

16 ‘‘(D) provides employment and training 

17 services through the statewide workforce invest18 ment system under subtitle B of title I of the 

19 Workforce Investment Act of 1998 (29 U.S.C. 

20 2811 et seq.), including a one-stop delivery sys21 tem under section 121 of such Act (29 U.S.C. 

22 2841);’’; and 

23 (4) in subsection (k)— 


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1 (A) in paragraph (1)(A), by inserting ‘‘, in 

2 accordance with paragraph (2)’’ after ‘‘under 

3 this section’’; 

4 (B) by redesignating paragraphs (2) and 

5 (3) as paragraphs (3) and (4), respectively; and 

6 (C) by inserting after paragraph (1) the 

7 following new paragraph: 

8 ‘‘(B) EMPLOYMENT AND TRAINING.—The 

9 Attorney General shall require each grantee 

10 under this section to measure the core indica11 tors of performance as described in section 

12 136(b)(2)(A) of the Workforce Investment Act 

13 of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect 

14 to the program of such grantee funded with a 

15 grant under this section.’’. 

16 (e) CONFORMING AMENDMENTS TO TITLE 38, 

17 UNITED STATES CODE.—Title 38, United States Code, is 

18 amended— 

19 (1) in section 3672(d)(1), by striking ‘‘disabled 

20 veterans’ outreach program specialists under section 

21 4103A’’ and inserting ‘‘veteran employment special22 ists appointed under section 134(f) of the Workforce 

23 Investment Act of 1998’’; 


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1 (2) in the table of sections at the beginning of 

2 chapter 41, by striking the items relating to sections 

3 4103A and 4104; 

4 (3) in section 4102A— 

5 (A) in subsection (b)— 

6 (i) by striking paragraphs (5), (6), 

7 and (7); and 

8 (ii) by redesignating paragraph (8) as 

9 paragraph (5); 

10 (B) by striking subsections (c) and (h); 

11 (C) by redesignating subsections (d), (e), 

12 (f), and (g) as subsections (c), (d), (e), and (f); 

13 and 

14 (D) in subsection (e)(1) (as so redesig15 nated)— 

16 (i) by striking ‘‘, including disabled 

17 veterans’ outreach program specialists and 

18 local veterans’ employment representatives 

19 providing employment, training, and place20 ment services under this chapter in a 

21 State’’; and 

22 (ii) by striking ‘‘for purposes of sub23 section (c)’’; 

24 (4) in section 4104A— 


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1 (A) in subsection (b)(1), by striking sub2 paragraph (A) and inserting the following: 

3 ‘‘(i) the appropriate veteran employ4 ment specialist (in carrying out the func5 tions described in section 134(f) of the 

6 Workforce Investment Act of 1998);’’; and 

7 (B) in subsection (c)(1), by striking sub8 paragraph (A) and inserting the following: 

9 ‘‘(i) collaborate with the appropriate 

10 veteran employment specialist (as de11 scribed in section 134(f)) and the appro12 priate State boards and local boards (as 

13 such terms are defined in section 101 of 

14 the Workforce Investment Act of 1998 (29 

15 U.S.C. 2801));’’; 

16 (5) in section 4109— 

17 (A) in subsection (a), by striking ‘‘disabled 

18 veterans’ outreach program specialists and local 

19 veterans’ employment representative’’ and in20 serting ‘‘veteran employment specialists ap21 pointed under section 134(f) of the Workforce 

22 Investment Act of 1998’’; and 

23 (B) in subsection (d)(1), by striking ‘‘dis24 abled veterans’ outreach program specialists 

25 and local veterans’ employment representatives’’ 


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1 and inserting ‘‘veteran employment specialists 

2 appointed under section 134(f) of the Work3 force Investment Act of 1998’’; and 

4 (6) in section 4112(d)— 

5 (A) in paragraph (1), by striking ‘‘disabled 

6 veterans’ outreach program specialist’’ and in7 serting ‘‘veteran employment specialist ap8 pointed under section 134(f) of the Workforce 

9 Investment Act of 1998’’; and 

10 (B) by striking paragraph (2) and redesig11 nating paragraph (3) as paragraph (2). 

12 SEC. 403. CONFORMING AMENDMENT TO TABLE OF CON13 TENTS. 

14 The table of contents in section 1(b) is amended to 

15 read as follows: 

16 ‘‘(b) TABLE OF CONTENTS.—The table of contents 

17 for this Act is as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 

‘‘Subtitle B—Statewide and Local Workforce Investment Systems 

‘‘Sec. 106. Purpose. 

‘‘CHAPTER 1—STATE PROVISIONS

‘‘Sec. 111. State workforce investment boards. 

‘‘Sec. 112. State plan. 

‘‘CHAPTER 2—LOCAL PROVISIONS

‘‘Sec. 116. Local workforce investment areas. 


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‘‘Sec. 117. Local workforce investment boards. 

‘‘Sec. 118. Local plan. 

‘‘CHAPTER 3—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

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

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

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES

‘‘Sec. 131. General authorization. 

‘‘Sec. 132. State allotments. 

‘‘Sec. 133. Within State allocations. 

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

‘‘CHAPTER 6—GENERAL PROVISIONS

‘‘Sec. 136. Performance accountability system. 

‘‘Sec. 137. Authorization of appropriations. 

‘‘Subtitle C—Job Corps 

‘‘Sec. 141. Purposes. 

‘‘Sec. 142. Definitions. 

‘‘Sec. 143. Establishment. 

‘‘Sec. 144. Individuals eligible for the Job Corps. 

‘‘Sec. 145. Recruitment, screening, selection, and assignment of enrollees. 

‘‘Sec. 146. Enrollment. 

‘‘Sec. 147. Job Corps centers. 

‘‘Sec. 148. Program activities. 

‘‘Sec. 149. Counseling and job placement. 

‘‘Sec. 150. Support. 

‘‘Sec. 151. Operations. 

‘‘Sec. 152. Standards of conduct. 

‘‘Sec. 153. Community participation. 

‘‘Sec. 154. Workforce councils. 

‘‘Sec. 156. Technical assistance to centers. 

‘‘Sec. 157. Application of provisions of Federal law. 

‘‘Sec. 158. Special provisions. 

‘‘Sec. 159. Performance accountability and management. 

‘‘Sec. 160. General provisions. 

‘‘Sec. 161. Authorization of appropriations. 

‘‘Subtitle D—National Programs 

‘‘Sec. 170. Technical assistance. 

‘‘Sec. 172. Evaluations. 

‘‘Subtitle E—Administration 

‘‘Sec. 181. Requirements and restrictions. 

‘‘Sec. 182. Prompt allocation of funds. 

‘‘Sec. 183. Monitoring. 

‘‘Sec. 184. Fiscal controls; sanctions. 

‘‘Sec. 185. Reports; recordkeeping; investigations. 

‘‘Sec. 186. Administrative adjudication. 

‘‘Sec. 187. Judicial review. 

‘‘Sec. 188. Nondiscrimination. 


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‘‘Sec. 189. Administrative provisions. 

‘‘Sec. 190. References. 

‘‘Sec. 191. State legislative authority. 

‘‘Sec. 193. Transfer of Federal equity in State employment security real property to the States. 

‘‘Sec. 195. General program requirements. 

‘‘Sec. 196. Federal agency staff. 

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

‘‘Subtitle F—Repeals and Conforming Amendments 

‘‘Sec. 199. Repeals. 

‘‘Sec. 199A. Conforming amendments. 

‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

‘‘Sec. 201. Short title. 

‘‘Sec. 202. Purpose. 

‘‘Sec. 203. Definitions. 

‘‘Sec. 204. Home schools. 

‘‘Sec. 205. Authorization of appropriations. 

‘‘Subtitle A—Federal Provisions 

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

‘‘Sec. 212. Performance accountability system. 

‘‘Subtitle B—State Provisions 

‘‘Sec. 221. State administration. 

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

‘‘Sec. 223. State leadership activities. 

‘‘Sec. 224. State plan. 

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

‘‘Subtitle C—Local Provisions 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 

‘‘Subtitle D—General Provisions 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National activities. 

‘‘TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES 

‘‘Subtitle A—Wagner-Peyser Act 

‘‘Sec. 301. Definitions. 

‘‘Sec. 302. Functions. 

‘‘Sec. 303. Designation of State agencies. 

‘‘Sec. 304. Appropriations. 

‘‘Sec. 305. Disposition of allotted funds. 

‘‘Sec. 306. State plans. 

‘‘Sec. 307. Repeal of Federal advisory council. 


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‘‘Sec. 308. Regulations. 

‘‘Sec. 309. Employment statistics. 

‘‘Sec. 310. Technical amendments. 

‘‘Sec. 311. Effective date. 

‘‘Subtitle B—Linkages With Other Programs 

‘‘Sec. 321. Trade Act of 1974. 

‘‘Sec. 322. Veterans’ employment programs. 

‘‘Sec. 323. Older Americans Act of 1965. 

‘‘Subtitle D—Application of Civil Rights and Labor-Management Laws to the 

Smithsonian Institution 

‘‘Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. 

‘‘TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 

‘‘Sec. 401. Short title. 

‘‘Sec. 402. Title. 

‘‘Sec. 403. General provisions. 

‘‘Sec. 404. Vocational rehabilitation services. 

‘‘Sec. 405. Research and training. 

‘‘Sec. 406. Professional development and special projects and demonstrations. 

‘‘Sec. 407. National Council on Disability. 

‘‘Sec. 408. Rights and advocacy. 

‘‘Sec. 409. Employment opportunities for individuals with disabilities. 

‘‘Sec. 410. Independent living services and centers for independent living. 

‘‘Sec. 411. Repeal. 

‘‘Sec. 412. Helen Keller National Center Act. 

‘‘Sec. 413. President’s Committee on Employment of People With Disabilities. 

‘‘Sec. 414. Conforming amendments. 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘Sec. 501. State unified plan. 

‘‘Sec. 504. Privacy. 

‘‘Sec. 505. Buy-American requirements. 

‘‘Sec. 507. Effective date.’’. 

1 TITLE V—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 SEC. 501. FINDINGS. 

4 Section 2(a) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 701(a)) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 


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1 (2) in paragraph (6), by striking the period and 

2 inserting ‘‘; and’’; and 

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

4 ‘‘(7) there is a substantial need to improve and 

5 expand services for students with disabilities under 

6 this Act.’’. 

7 SEC. 502. REHABILITATION SERVICES ADMINISTRATION. 

8 (a) REHABILITATION SERVICES ADMINISTRATION.— 

9 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

10 is amended— 

11 (1) in section 3(a) (29 U.S.C. 702(a))— 

12 (A) by striking ‘‘Office of the Secretary’’ 

13 and inserting ‘‘Department of Education’’; 

14 (B) by striking ‘‘President by and with the 

15 advice and consent of the Senate’’ and inserting 

16 ‘‘Secretary’’; and 

17 (C) by striking ‘‘, and the Commissioner 

18 shall be the principal officer,’’; 

19 (2) by striking ‘‘Commissioner’’ each place it 

20 appears (except in section 21) and inserting ‘‘Direc21 tor’’; 

22 (3) in section 12(c) (29 U.S.C. 709(c)), by 

23 striking ‘‘Commissioner’s’’ and inserting ‘‘Direc24 tor’s’’; 

25 (4) in section 21 (29 U.S.C. 718)— 


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1 (A) in subsection (b)(1)— 

2 (i) by striking ‘‘Commissioner’’ the 

3 first place it appears and inserting ‘‘Direc4 tor of the Rehabilitation Services Adminis5 tration’’; 

6 (ii) by striking ‘‘(referred to in this 

7 subsection as the ‘Director’)’’; and 

8 (iii) by striking ‘‘The Commissioner 

9 and the Director’’ and inserting ‘‘Both 

10 such Directors’’; and 

11 (B) by striking ‘‘the Commissioner and the 

12 Director’’ each place it appears and inserting 

13 ‘‘both such Directors’’; 

14 (5) in the heading for subparagraph (B) of sec15 tion 100(d)(2) (29 U.S.C. 720(d)(2)), by striking 

16 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 

17 (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), 

18 by inserting ‘‘of the National Institute on Disability 

19 and Rehabilitation Research’’ after ‘‘Director’’; 

20 (7) in the heading for section 706 (29 U.S.C. 

21 796d–1), by striking ‘‘COMMISSIONER’’ and insert22 ing ‘‘DIRECTOR’’; and 

23 (8) in the heading for paragraph (3) of section 

24 723(a) (29 U.S.C. 796f–2(a)), by striking ‘‘COMMIS25 SIONER’’ and inserting ‘‘DIRECTOR’’. 


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1 (b) EFFECTIVE DATE; APPLICATION.—The amend2 ments made by subsection (a) shall— 

3 (1) take effect on the date of the enactment of 

4 this Act; and 

5 (2) apply with respect to the appointments of 

6 Directors of the Rehabilitation Services Administra7 tion made on or after the date of enactment of this 

8 Act, and the Directors so appointed. 

9 SEC. 503. DEFINITIONS. 

10 Section 7 of the Rehabilitation Act of 1973 (29 

11 U.S.C. 705) is amended— 

12 (1) by redesignating paragraphs (35) through 

13 (39) as paragraphs (36) through (40), respectively; 

14 (2) in subparagraph (A)(ii) of paragraph (36) 

15 (as redesignated by paragraph (1)), by striking 

16 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

17 (37)(C)’’; and 

18 (3) by inserting after paragraph (34) the fol19 lowing: 

20 ‘‘(35)(A) The term ‘student with a disability’ 

21 means an individual with a disability who— 

22 ‘‘(i) is not younger than 16 and not older 

23 than 21; 


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1 ‘‘(ii) has been determined to be eligible 

2 under section 102(a) for assistance under this 

3 title; and 

4 ‘‘(iii)(I) is eligible for, and is receiving, 

5 special education under part B of the Individ6 uals with Disabilities Education Act (20 U.S.C. 

7 1411 et seq.); or 

8 ‘‘(II) is an individual with a disability, for 

9 purposes of section 504. 

10 ‘‘(B) The term ‘students with disabilities’ 

11 means more than 1 student with a disability.’’. 

12 SEC. 504. CARRYOVER. 

13 Section 19(a)(1) of the Rehabilitation Act of 1973 

14 (29 U.S.C. 716(a)(1)) is amended by striking ‘‘part B of 

15 title VI,’’. 

16 SEC. 505. TRADITIONALLY UNDERSERVED POPULATIONS. 

17 Section 21 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 718) is amended, in paragraphs (1) and (2)(A) of 

19 subsection (b), and in subsection (c), by striking ‘‘VI,’’. 

20 SEC. 506. STATE PLAN. 

21 Section 101(a) of the Rehabilitation Act of 1973 (29 

22 U.S.C. 721(a)) is amended— 

23 (1) in paragraph (10)— 

24 (A) in subparagraph (B), by striking ‘‘on 

25 the eligible individuals’’ and all that follows and 


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1 inserting ‘‘of information necessary to assess 

2 the State’s performance on the core indicators 

3 of performance described in section 

4 136(b)(2)(A) of the Workforce Investment Act 

5 of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and 

6 (B) in subparagraph (E)(ii), by striking ‘‘, 

7 to the extent the measures are applicable to in8 dividuals with disabilities’’; 

9 (2) in paragraph (11)— 

10 (A) in subparagraph (D)(i), by inserting 

11 before the semicolon the following: ‘‘, which 

12 may be provided using alternative means of 

13 meeting participation (such as participation 

14 through video conferences and conference 

15 calls)’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(G) COORDINATION WITH ASSISTIVE

18 TECHNOLOGY PROGRAMS.—The State plan shall 

19 include an assurance that the designated State 

20 unit and the lead agency or implementing entity 

21 responsible for carrying out duties under the 

22 Assistive Technology Act of 1998 (29 U.S.C. 

23 3001 et seq.) have developed working relation24 ships and coordinate their activities.’’; 

25 (3) in paragraph (15)— 


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1 (A) in subparagraph (A)— 

2 (i) in clause (i)— 

3 (I) in subclause (II), by striking 

4 ‘‘and’’ at the end; 

5 (II) in subclause (III), by adding 

6 ‘‘and’’ at the end; and 

7 (III) by adding at the end the 

8 following: 

9 ‘‘(IV) students with disabilities, 

10 including their need for transition 

11 services;’’; 

12 (ii) by redesignating clauses (ii) and 

13 (iii) as clauses (iii) and (iv), respectively; 

14 and 

15 (iii) by inserting after clause (i) the 

16 following: 

17 ‘‘(ii) include an assessment of the 

18 transition services provided under this Act, 

19 and coordinated with transition services 

20 provided under the Individuals with Dis21 abilities Education Act (20 U.S.C. 1400 et 

22 seq.), about the extent to which those 2 

23 types of services meet the needs of individ24 uals with disabilities;’’; 


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

2 ‘‘and under part B of title VI’’; and 

3 (C) in subparagraph (D)— 

4 (i) by redesignating clauses (iii), (iv), 

5 and (v) as clauses (iv), (v), and (vi), re6 spectively; 

7 (ii) by inserting after clause (ii) the 

8 following: 

9 ‘‘(iii) the methods to be used to im10 prove and expand vocational rehabilitation 

11 services for students with disabilities, in12 cluding the coordination of services de13 signed to facilitate the transition of such 

14 students from the receipt of educational 

15 services in school to the receipt of voca16 tional rehabilitation services under this 

17 title or to postsecondary education or em18 ployment;’’; and 

19 (iii) in clause (v), as redesignated by 

20 clause (i) of this subparagraph, by striking 

21 ‘‘evaluation standards’’ and inserting ‘‘per22 formance standards’’; 

23 (4) in paragraph (22)— 

24 (A) in the paragraph heading, by striking 

25 ‘‘STATE PLAN SUPPLEMENT’’; 


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1 (B) by striking ‘‘carrying out part B of 

2 title VI, including’’; and 

3 (C) by striking ‘‘that part to supplement 

4 funds made available under part B of’’; 

5 (5) in paragraph (24)— 

6 (A) in the paragraph heading, by striking 

7 ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and 

8 (B) in subparagraph (A)— 

9 (i) in the subparagraph heading, by 

10 striking ‘‘CONTRACTS’’ and inserting 

11 ‘‘GRANTS’’; and 

12 (ii) by striking ‘‘part A of title VI’’ 

13 and inserting ‘‘section 109A’’; and 

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

15 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

16 State plan shall describe how the designated State 

17 agency will carry out the provisions of section 109A, 

18 including— 

19 ‘‘(A) the criteria such agency will use to 

20 award grants under such section; and 

21 ‘‘(B) how the activities carried out under 

22 such grants will be coordinated with other serv23 ices provided under this title. 


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1 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL2 ITIES.—The State plan shall provide an assurance 

3 satisfactory to the Secretary that the State— 

4 ‘‘(A) has developed and implemented strat5 egies to address the needs identified in the as6 sessments described in paragraph (15), and 

7 achieve the goals and priorities identified by the 

8 State in that paragraph, to improve and expand 

9 vocational rehabilitation services for students 

10 with disabilities on a statewide basis in accord11 ance with paragraph (15); and 

12 ‘‘(B) from funds reserved under section 

13 110A, shall carry out programs or activities de14 signed to improve and expand vocational reha15 bilitation services for students with disabilities 

16 that— 

17 ‘‘(i) facilitate the transition of stu18 dents with disabilities from the receipt of 

19 educational services in school, to the re20 ceipt of vocational rehabilitation services 

21 under this title, including, at a minimum, 

22 those services specified in the interagency 

23 agreement required in paragraph (11)(D); 

24 ‘‘(ii) improve the achievement of post25 school goals of students with disabilities, 


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1 including improving the achievement 

2 through participation (as appropriate when 

3 career goals are discussed) in meetings re4 garding individualized education programs 

5 developed under section 614 of the Individ6 uals with Disabilities Education Act (20 

7 U.S.C. 1414); 

8 ‘‘(iii) provide career guidance, career 

9 exploration services, job search skills and 

10 strategies, and technical assistance to stu11 dents with disabilities; 

12 ‘‘(iv) support the provision of training 

13 and technical assistance to State and local 

14 educational agencies and designated State 

15 agency personnel responsible for the plan16 ning and provision of services to students 

17 with disabilities; and 

18 ‘‘(v) support outreach activities to stu19 dents with disabilities who are eligible for, 

20 and need, services under this title.’’. 

21 SEC. 507. SCOPE OF SERVICES. 

22 Section 103 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 723) is amended— 

24 (1) in subsection (a), by striking paragraph 

25 (15) and inserting the following: 


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1 ‘‘(15) transition services for students with dis2 abilities, that facilitate the achievement of the em3 ployment outcome identified in the individualized 

4 plan for employment involved, including services de5 scribed in clauses (i) through (iii) of section 

6 101(a)(26)(B);’’; 

7 (2) in subsection (b), by striking paragraph (6) 

8 and inserting the following: 

9 ‘‘(6)(A)(i) Consultation and technical assistance 

10 services to assist State and local educational agen11 cies in planning for the transition of students with 

12 disabilities from school to post-school activities, in13 cluding employment. 

14 ‘‘(ii) Training and technical assistance de15 scribed in section 101(a)(26)(B)(iv). 

16 ‘‘(B) Services for groups of individuals with dis17 abilities who meet the requirements of clauses (i) 

18 and (iii) of section 7(35)(A), including services de19 scribed in clauses (i), (ii), (iii), and (v) of section 

20 101(a)(26)(B), to assist in the transition from 

21 school to post-school activities.’’; and 

22 (3) in subsection (b), by inserting at the end 

23 the following: 

24 ‘‘(7) The establishment, development, or im25 provement of assistive technology demonstration, 


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1 loan, reutilization, or financing programs in coordi2 nation with activities authorized under the Assistive 

3 Technology Act of 1998 (29 U.S.C. 3001 et seq.) to 

4 promote access to assistive technology for individuals 

5 with disabilities and employers.’’. 

6 SEC. 508. STANDARDS AND INDICATORS. 

7 (a) IN GENERAL.—Section 106 of the Rehabilitation 

8 Act of 1973 (29 U.S.C. 726) is amended— 

9 (1) in the section heading, by striking ‘‘EVAL10 UATION STANDARDS’’ and inserting ‘‘PERFORM11 ANCE STANDARDS’’; 

12 (2) by striking subsection (a) and inserting the 

13 following: 

14 ‘‘(a) STANDARDS AND INDICATORS.—The perform15 ance standards and indicators for the vocational rehabili16 tation program carried out under this title— 

17 ‘‘(1) shall be subject to paragraphs (2)(A) and 

18 (3) of section 136(b) of the Workforce Investment 

19 Act of 1998 (29 U.S.C. 2871(b)); and 

20 ‘‘(2) may, at a State’s discretion, include addi21 tional indicators identified in the State plan sub22 mitted under section 101.’’; and 

23 (3) in subsection (b)(2)(B), by striking clause 

24 (i) and inserting the following: 


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1 ‘‘(i) on a biannual basis, review the 

2 program improvement efforts of the State 

3 and, if the State has not improved its per4 formance to acceptable levels, as deter5 mined by the Director, direct the State to 

6 make revisions to the plan to improve per7 formance; and’’. 

8 (b) CONFORMING AMENDMENTS.—Section 107 of the 

9 Rehabilitation Act of 1973 (29 U.S.C. 727) is amended— 

10 (1) in subsections (a)(1)(B) and (b)(2), by 

11 striking ‘‘evaluation standards’’ and inserting ‘‘per12 formance standards’’; and 

13 (2) in subsection (c)(1)(B), by striking ‘‘an 

14 evaluation standard’’ and inserting ‘‘a performance 

15 standard’’. 

16 SEC. 509. EXPENDITURE OF CERTAIN AMOUNTS. 

17 Section 108(a) of the Rehabilitation Act of 1973 (29 

18 U.S.C. 728(a)) is amended by striking ‘‘under part B of 

19 title VI, or’’. 

20 SEC. 510. COLLABORATION WITH INDUSTRY. 

21 The Rehabilitation Act of 1973 is amended by insert22 ing after section 109 (29 U.S.C. 728a) the following: 

23 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

24 ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the purposes 

25 of this section, the term ‘eligible entity’ means a for-profit 


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1 business, alone or in partnership with one or more of the 

2 following: 

3 ‘‘(1) Community rehabilitation program pro4 viders. 

5 ‘‘(2) Indian tribes. 

6 ‘‘(3) Tribal organizations. 

7 ‘‘(b) AUTHORITY.—A State shall use not less than 

8 one-half of one percent of the payment the State receives 

9 under section 111 for a fiscal year to award grants to eligi10 ble entities to pay for the Federal share of the cost of 

11 carrying out collaborative programs, to create practical job 

12 and career readiness and training programs, and to pro13 vide job placements and career advancement. 

14 ‘‘(c) AWARDS.—Grants under this section shall— 

15 ‘‘(1) be awarded for a period not to exceed 5 

16 years; and 

17 ‘‘(2) be awarded competitively. 

18 ‘‘(d) APPLICATION.—To receive a grant under this 

19 section, an eligible entity shall submit an application to 

20 a designated State agency at such time, in such manner, 

21 and containing such information as such agency shall re22 quire. Such application shall include, at a minimum— 

23 ‘‘(1) a plan for evaluating the effectiveness of 

24 the collaborative program; 


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1 ‘‘(2) a plan for collecting and reporting the 

2 data and information described under subparagraphs 

3 (A) through (C) of section 101(a)(10), as deter4 mined appropriate by the designated State agency; 

5 and 

6 ‘‘(3) a plan for providing for the non-Federal 

7 share of the costs of the program. 

8 ‘‘(e) ACTIVITIES.—An eligible entity receiving a grant 

9 under this section shall use the grant funds to carry out 

10 a program that provides one or more of the following: 

11 ‘‘(1) Job development, job placement, and ca12 reer advancement services for individuals with dis13 abilities. 

14 ‘‘(2) Training in realistic work settings in order 

15 to prepare individuals with disabilities for employ16 ment and career advancement in the competitive 

17 market. 

18 ‘‘(3) Providing individuals with disabilities with 

19 such support services as may be required in order to 

20 maintain the employment and career advancement 

21 for which the individuals have received training. 

22 ‘‘(f) ELIGIBILITY FOR SERVICES.—An individual 

23 shall be eligible for services provided under a program 

24 under this section if the individual is determined under 


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1 section 102(a)(1) to be eligible for assistance under this 

2 title. 

3 ‘‘(g) FEDERAL SHARE.—The Federal share for a 

4 program under this section shall not exceed 80 percent 

5 of the costs of the program.’’. 

6 SEC. 511. RESERVATION FOR EXPANDED TRANSITION 

7 SERVICES. 

8 The Rehabilitation Act of 1973 is amended by insert9 ing after section 110 (29 U.S.C. 730) the following: 

10 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

11 SERVICES. 

12 ‘‘Each State shall reserve not less than 10 percent 

13 of the funds allotted to the State under section 110(a) 

14 to carry out programs or activities under sections 

15 101(a)(26)(B) and 103(b)(6).’’. 

16 SEC. 512. CLIENT ASSISTANCE PROGRAM. 

17 Section 112(e)(1) of the Rehabilitation Act of 1973 

18 (29 U.S.C. 732(e)(1)) is amended by redesignating sub19 paragraph (D) as subparagraph (E) and inserting after 

20 subparagraph (C) the following: 

21 ‘‘(D) The Secretary shall make grants to the protec22 tion and advocacy system serving the American Indian 

23 Consortium under the Developmental Disabilities and Bill 

24 of Rights Act of 2000 (42 U.S.C. 15001 et seq.) to provide 

25 services in accordance with this section, as determined by 


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1 the Secretary. The amount of such grants shall be the 

2 same as the amount provided to territories under this sub3 section.’’. 

4 SEC. 513. RESEARCH. 

5 Section 204(a)(2)(A) of the Rehabilitation Act of 

6 1973 (29 U.S.C. 764(a)(2)(A)) is amended by striking 

7 ‘‘VI,’’. 

8 SEC. 514. TITLE III AMENDMENTS. 

9 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

10 771 et seq.) is amended— 

11 (1) in section 301(a) (21 U.S.C. 771(a))— 

12 (A) in paragraph (2), by inserting ‘‘and’’ 

13 at the end; 

14 (B) by striking paragraphs (3) and (4); 

15 and 

16 (C) by redesignating paragraph (5) as 

17 paragraph (3); 

18 (2) in section 302 (29 U.S.C. 772)— 

19 (A) in subsection (g)— 

20 (i) in the heading, by striking ‘‘AND

21 IN-SERVICE TRAINING’’; and 

22 (ii) by striking paragraph (3); and 

23 (B) in subsection (h), by striking ‘‘section 

24 306’’ and inserting ‘‘section 304’’; 

25 (3) in section 303 (29 U.S.C. 773)— 


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1 (A) in subsection (b)(1), by striking ‘‘sec2 tion 306’’ and inserting ‘‘section 304’’; and 

3 (B) in subsection (c)— 

4 (i) in paragraph (4)— 

5 (I) by amending subparagraph 

6 (A)(ii) to read as follows: 

7 ‘‘(ii) to coordinate activities and work 

8 closely with the parent training and infor9 mation centers established pursuant to sec10 tion 671 of the Individuals with Disabil11 ities Education Act (20 U.S.C. 1471), the 

12 community parent resource centers estab13 lished pursuant to section 672 of such Act 

14 (29 U.S.C. 1472), and the eligible entities 

15 receiving awards under section 673 of such 

16 Act (20 U.S.C. 1473); and’’; and 

17 (II) in subparagraph (C), by in18 serting ‘‘, and demonstrate the capac19 ity for serving,’’ after ‘‘serve’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(8) RESERVATION.—From the amount appro23 priated to carry out this subsection for a fiscal year, 

24 20 percent of such amount or $500,000, whichever 


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1 is less, shall be reserved to carry out paragraph 

2 (6).’’; 

3 (4) by striking sections 304 and 305 (29 U.S.C. 

4 774, 775); and 

5 (5) by redesignating section 306 (29 U.S.C. 

6 776) as section 304. 

7 SEC. 515. REPEAL OF TITLE VI. 

8 Title VI of the Rehabilitation Act of 1973 (29 U.S.C. 

9 795 et seq.) is repealed. 

10 SEC. 516. TITLE VII GENERAL PROVISIONS. 

11 (a) PURPOSE.—Section 701(3) of the Rehabilitation 

12 Act of 1973 (29 U.S.C. 796(3)) is amended by striking 

13 ‘‘State programs of supported employment services receiv14 ing assistance under part B of title VI,’’. 

15 (b) CHAIRPERSON.—Section 705(b)(5) of the Reha16 bilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended 

17 to read as follows: 

18 ‘‘(5) CHAIRPERSON.—The Council shall select a 

19 chairperson from among the voting membership of 

20 the Council.’’. 

21 SEC. 517. AUTHORIZATIONS OF APPROPRIATIONS. 

22 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

23 seq.) is further amended— 

24 (1) in section 100 (29 U.S.C. 720)— 


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1 (A) in subsection (b)(1), by striking ‘‘such 

2 sums as may be necessary for fiscal years 1999 

3 through 2003’’ and inserting ‘‘$3,066,192,000 

4 for fiscal year 2015 and each of the 6 suc5 ceeding fiscal years’’; and 

6 (B) in subsection (d)(1)(B), by striking 

7 ‘‘2003’’ and inserting ‘‘2021’’; 

8 (2) in section 110(c) (29 U.S.C. 730(c)), by 

9 amending paragraph (2) to read as follows: 

10 ‘‘(2) The sum referred to in paragraph (1) shall be, 

11 as determined by the Secretary, not less than 1 percent 

12 and not more than 1.5 percent of the amount referred to 

13 in paragraph (1) for each of fiscal years 2015 through 

14 2020.’’; 

15 (3) in section 112(h) (29 U.S.C. 732(h)), by 

16 striking ‘‘such sums as may be necessary for fiscal 

17 years 1999 through 2003’’ and inserting 

18 ‘‘$11,600,000 for fiscal year 2015 and each of the 

19 6 succeeding fiscal years’’; 

20 (4) by amending subsection (a) of section 201 

21 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) There 

22 are authorized to be appropriated $103,125,000 for 

23 fiscal year 2015 and each of the 6 succeeding fiscal 

24 years to carry out this title.’’; 


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1 (5) in section 302(i) (29 U.S.C. 772(i)), by 

2 striking ‘‘such sums as may be necessary for each of 

3 the fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$33,657,000 for fiscal year 2015 and each of the 

5 6 succeeding fiscal years’’; 

6 (6) in section 303(e) (29 U.S.C. 773(e)), by 

7 striking ‘‘such sums as may be necessary for each of 

8 the fiscal years 1999 through 2003’’ and inserting 

9 ‘‘$5,046,000 for fiscal year 2015 and each of the 6 

10 succeeding fiscal years’’; 

11 (7) in section 405 (29 U.S.C. 785), by striking 

12 ‘‘such sums as may be necessary for each of the fis13 cal years 1999 through 2003’’ and inserting 

14 ‘‘$3,081,000 for fiscal year 2015 and each of the 6 

15 succeeding fiscal years’’; 

16 (8) in section 502(j) (29 U.S.C. 792(j)), by 

17 striking ‘‘such sums as may be necessary for each of 

18 the fiscal years 1999 through 2003’’ and inserting 

19 ‘‘$7,013,000 for fiscal year 2015 and each of the 6 

20 succeeding fiscal years’’; 

21 (9) in section 509(l) (29 U.S.C. 794e(l)), by 

22 striking ‘‘such sums as may be necessary for each of 

23 the fiscal years 1999 through 2003’’ and inserting 

24 ‘‘$17,088,000 for fiscal year 2015 and each of the 

25 6 succeeding fiscal years’’; 


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1 (10) in section 714 (29 U.S.C. 796e–3), by 

2 striking ‘‘such sums as may be necessary for each of 

3 the fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$22,137,000 for fiscal year 2015 and each of the 

5 6 succeeding fiscal years’’; 

6 (11) in section 727 (29 U.S.C. 796f–6), by 

7 striking ‘‘such sums as may be necessary for each of 

8 the fiscal years 1999 through 2003’’ and inserting 

9 ‘‘$75,772,000 for fiscal year 2015 and each of the 

10 6 succeeding fiscal years’’; and 

11 (12) in section 753 (29 U.S.C. 796l), by strik12 ing ‘‘such sums as may be necessary for each of the 

13 fiscal years 1999 through 2003’’ and inserting 

14 ‘‘$32,239,000 for fiscal year 2015 and each of the 

15 6 succeeding fiscal years’’. 

16 SEC. 518. CONFORMING AMENDMENTS. 

17 Section 1(b) of the Rehabilitation Act of 1973 is 

18 amended— 

19 (1) by inserting after the item relating to sec20 tion 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

21 (2) by inserting after the item relating to sec22 tion 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 


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1 (3) by striking the item related to section 304 

2 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

3 (4) by striking the items related to sections 305 

4 and 306; 

5 (5) by striking the items related to title VI; and 

6 (6) by striking the item related to section 706 

7 and inserting the following: 

‘‘Sec. 706. Responsibilities of the Director.’’. 

8 TITLE VI—STUDIES BY THE 

9 COMPTROLLER GENERAL 

10 SEC. 601. STUDY BY THE COMPTROLLER GENERAL ON EX11 HAUSTING FEDERAL PELL GRANTS BEFORE 

12 ACCESSING WIA FUNDS. 

13 Not later than 12 months after the date of enactment 

14 of this Act, the Comptroller General of the United States 

15 shall complete and submit to the Committee on Education 

16 and the Workforce of the House of Representatives and 

17 the Committee on Health, Education, Labor, and Pen18 sions of the Senate a report that— 

19 (1) evaluates the effectiveness of subparagraph 

20 (B) of section 134(d)(4) of the Workforce Invest21 ment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as 

22 such subparagraph was in effect on the day before 

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


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1 (A) a review of the regulations and guid2 ance issued by the Secretary of Labor to State 

3 and local areas on how to comply with such 

4 subparagraph; 

5 (B) a review of State policies to determine 

6 how local areas are required to comply with 

7 such subparagraph; 

8 (C) a review of local area policies to deter9 mine how one-stop operators are required to 

10 comply with such subparagraph; and 

11 (D) a review of a sampling of individuals 

12 receiving training services under section 

13 134(d)(4) of the Workforce Investment Act of 

14 1998 (29 U.S.C. 2864(d)(4)) to determine if, 

15 before receiving such training services, such in16 dividuals have exhausted funds received through 

17 the Federal Pell Grant program under title IV 

18 of the Higher Education Act of 1965 (20 

19 U.S.C. 1070 et seq.); and 

20 (2) makes appropriate recommendations with 

21 respect to the matters evaluated under paragraph 

22 (1). 


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1 SEC. 602. STUDY BY THE COMPTROLLER GENERAL ON AD2 MINISTRATIVE COST SAVINGS. 

3 (a) STUDY.—Not later than 12 months after the date 

4 of the enactment of this Act, the Comptroller General of 

5 the United States shall complete and submit to the Com6 mittee on Education and the Workforce of the House of 

7 Representatives and the Committee on Health, Education, 

8 Labor, and Pensions of the Senate a report that— 

9 (1) determines the amount of administrative 

10 costs at the Federal and State levels for the most re11 cent fiscal year for which satisfactory data are avail12 able for— 

13 (A) each of the programs authorized under 

14 the Workforce Investment Act of 1998 (29 

15 U.S.C. 2801 et seq.) or repealed under section 

16 401 of this Act, as such programs were in ef17 fect for such fiscal year; and 

18 (B) each of the programs described in sub19 paragraph (A) that have been repealed or con20 solidated on or after the date of enactment of 

21 this Act; 

22 (2) determines the amount of administrative 

23 cost savings at the Federal and State levels as a re24 sult of repealing and consolidating programs by cal25 culating the differences in the amount of administraVerDate Mar 15 2010 02:10 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

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1 tive costs between subparagraph (A) and subpara2 graph (B) of paragraph (1); and 

3 (3) estimates the administrative cost savings at 

4 the Federal and State levels for a fiscal year as a 

5 result of States consolidating amounts under section 

6 501(e) of the Workforce Investment Act of 1998 (20 

7 U.S.C. 9271(e)) to reduce inefficiencies in the ad8 ministration of federally funded State and local em9 ployment and training programs. 

10 (b) DEFINITION.—For purposes of this section, the 

11 term ‘‘administrative costs’’ has the meaning given the 

12 term in section 101 of the Workforce Investment Act of 

13 1998 (29 U.S.C. 2801). 

Æ 


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