II 

113TH CONGRESS 

2D SESSION S. 2038 

To provide for the extension of certain unemployment benefits, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2014 

Mr. THUNE introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide for the extension of certain unemployment 

benefits, 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 ‘‘Solutions to Long5 Term Unemployment Act’’. 


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1 TITLE I—EXEMPTION FROM AF2 FORDABLE CARE ACT MAN3 DATE FOR LONG-TERM UNEM4 PLOYED 

5 SEC. 101. LONG-TERM UNEMPLOYED INDIVIDUALS NOT 

6 TAKEN INTO ACCOUNT FOR EMPLOYER 

7 HEALTH CARE COVERAGE MANDATE. 

8 (a) IN GENERAL.—Paragraph (4) of section 

9 4980H(c) of the Internal Revenue Code of 1986 is amend10 ed by adding at the end the following new subparagraph: 

11 ‘‘(C) EXCEPTION FOR LONG-TERM UNEM12 PLOYED INDIVIDUALS.—The term ‘full-time em13 ployee’ shall not include any individual who is 

14 a long-term unemployed individual (as defined 

15 in section 3111(d)(3)) with respect to such em16 ployer.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply to months beginning after Decem19 ber 31, 2013. 


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1 TITLE II—EMPLOYER PAYROLL 

2 TAX HOLIDAY FOR LONG3 TERM UNEMPLOYED 

4 SEC. 201. EMPLOYER PAYROLL TAX HOLIDAY FOR LONG5 TERM UNEMPLOYED INDIVIDUALS. 

6 (a) IN GENERAL.—Subsection (d) of section 3111 of 

7 the Internal Revenue Code of 1986 is amended to read 

8 as follows: 

9 ‘‘(d) SPECIAL RULE FOR LONG-TERM UNEMPLOYED

10 INDIVIDUALS.— 

11 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

12 apply to wages paid by a qualified employer with re13 spect to employment during the applicable period of 

14 any long-term unemployed individual for services 

15 performed— 

16 ‘‘(A) in a trade or business of such em17 ployer, or 

18 ‘‘(B) in the case of an employer exempt 

19 from taxation under section 501(a), in further20 ance of activities related to the purpose or func21 tion constituting the basis of the employer’s ex22 emption under section 501. 

23 ‘‘(2) QUALIFIED EMPLOYER.—For purposes of 

24 this subsection— 


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1 ‘‘(A) IN GENERAL.—The term ‘qualified 

2 employer’ means any employer other than the 

3 United States, any State, or any political sub4 division thereof, or any instrumentality of the 

5 foregoing. 

6 ‘‘(B) TREATMENT OF EMPLOYEES OF

7 POST-SECONDARY EDUCATIONAL INSTITU8 TIONS.—Notwithstanding subparagraph (A), 

9 the term ‘qualified employer’ includes any em10 ployer which is a public institution of higher 

11 education (as defined in section 101(b) of the 

12 Higher Education Act of 1965). 

13 ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— 

14 For purposes of this subsection, the term ‘long-term 

15 unemployed individual’ means, with respect to any 

16 employer, an individual who— 

17 ‘‘(A) begins employment with such em18 ployer after the date of the enactment of the 

19 Solutions to Long-Term Unemployment Act, 

20 and 

21 ‘‘(B) has been unemployed for 27 weeks or 

22 longer, as determined by the Secretary of 

23 Labor, immediately before the date such em24 ployment begins. 


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1 ‘‘(4) APPLICABLE PERIOD.—The term ‘applica2 ble period’ means the period beginning on the date 

3 of the enactment of the Solutions to Long-Term Un4 employment Act, and ending on the earlier of— 

5 ‘‘(A) the date that is 2 years after such 

6 date of enactment, or 

7 ‘‘(B) the first day of the first month after 

8 the date on which the Secretary of Labor cer9 tifies that the total number of individuals in the 

10 United States who have been unemployed for 

11 27 weeks or longer is less than 2,000,000. 

12 ‘‘(5) ELECTION.—An employer may elect to 

13 have this subsection not apply. Such election shall be 

14 made in such manner as the Secretary may re15 quire.’’. 

16 (b) COORDINATION WITH WORK OPPORTUNITY

17 CREDIT.—Section 51(c)(5) of the Internal Revenue Code 

18 of 1986 is amended to read as follows: 

19 ‘‘(5) COORDINATION WITH PAYROLL TAX FOR20 GIVENESS.—The term ‘wages’ shall not include any 

21 amount paid or incurred to a long-term unemployed 

22 individual (as defined in section 3111(d)(3)) during 

23 the 1-year period beginning on the hiring date of 

24 such individual by a qualified employer (as defined 

25 in section 3111(d)) unless such qualified employer 


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1 makes an election not to have section 3111(d) 

2 apply.’’. 

3 (c) TRANSFERS TO FEDERAL OLD-AGE AND SUR4 VIVORS INSURANCE TRUST FUND.—There are hereby ap5 propriated to the Federal Old-Age and Survivors Trust 

6 Fund and the Federal Disability Insurance Trust Fund 

7 established under section 201 of the Social Security Act 

8 (42 U.S.C. 401) amounts equal to the reduction in reve9 nues to the Treasury by reason of the amendments made 

10 by subsection (a). Amounts appropriated by the preceding 

11 sentence shall be transferred from the general fund at 

12 such times and in such manner as to replicate to the ex13 tent possible the transfers which would have occurred to 

14 such Trust Fund had such amendments not been enacted. 

15 (d) APPLICATION TO RAILROAD RETIREMENT

16 TAXES.— 

17 (1) IN GENERAL.—Subsection (c) of section 

18 3221 of the Internal Revenue Code of 1986 is 

19 amended to read as follows: 

20 ‘‘(c) SPECIAL RULE FOR LONG-TERM UNEMPLOYED

21 INDIVIDUALS.— 

22 ‘‘(1) IN GENERAL.—In the case of compensa23 tion paid by an employer during the applicable pe24 riod, with respect to having a long-term unemployed 

25 individual in the employer’s employ for services renVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 dered to such employer, the applicable percentage 

2 under subsection (a) shall be equal to the rate of tax 

3 in effect under section 3111(b) for the calendar 

4 year. 

5 ‘‘(2) QUALIFIED EMPLOYER.—For purposes of 

6 this subsection, the term ‘qualified employer’ means 

7 any employer other than the United States, any 

8 State, or any political subdivision thereof, or any in9 strumentality of the foregoing. 

10 ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— 

11 For purposes of this subsection, the term ‘long-term 

12 unemployed individual’ means, with respect to any 

13 employer, an individual who— 

14 ‘‘(A) begins employment with such em15 ployer after the date of the enactment of the 

16 Solutions to Long-Term Unemployment Act, 

17 and 

18 ‘‘(B) has been unemployed for 27 weeks or 

19 longer, as determined by the Secretary of 

20 Labor, immediately before the date such em21 ployment begins. 

22 ‘‘(4) APPLICABLE PERIOD.—The term ‘applica23 ble period’ means the period beginning on the date 

24 of the enactment of the Solutions to Long-Term Un25 employment Act, and ending on the earlier of— 


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1 ‘‘(A) the date that is 2 years after such 

2 date of enactment, or 

3 ‘‘(B) the first day of the first month after 

4 the date on which the Secretary of Labor cer5 tifies that the total number of individuals in the 

6 United States who have been unemployed for 

7 27 weeks or longer is less than 2,000,000. 

8 ‘‘(5) ELECTION.—An employer may elect to 

9 have this subsection not apply. Such election shall be 

10 made in such manner as the Secretary may re11 quire.’’. 

12 (2) TRANSFERS TO SOCIAL SECURITY EQUIVA13 LENT BENEFIT ACCOUNT.—There are hereby appro14 priated to the Social Security Equivalent Benefit Ac15 count established under section 15A(a) of the Rail16 road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 

17 amounts equal to the reduction in revenues to the 

18 Treasury by reason of the amendments made by 

19 paragraph (1). Amounts appropriated by the pre20 ceding sentence shall be transferred from the general 

21 fund at such times and in such manner as to rep22 licate to the extent possible the transfers which 

23 would have occurred to such Account had such 

24 amendments not been enacted. 

25 (e) EFFECTIVE DATES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this subsection 

3 shall apply to wages paid after the date of the enact4 ment of this Act. 

5 (2) RAILROAD RETIREMENT TAXES.—The 

6 amendments made by subsection (d) shall apply to 

7 compensation paid after the date of the enactment 

8 of this Act. 

9 TITLE III—EMPLOYMENT 

10 RELOCATION LOANS 

11 SEC. 301. EMPLOYMENT RELOCATION LOANS. 

12 (a) LOANS AUTHORIZED.—From amounts made 

13 available to carry out this section, the Secretary may issue 

14 loans, with the interest rates, terms, and conditions pro15 vided in this section, to long-term unemployed individuals 

16 selected from applications submitted under subsection 

17 (b)(1), in order to enable each selected individual to relo18 cate to— 

19 (1) a residence more than 50 miles away from 

20 the individual’s initial residence, to allow such indi21 vidual to begin a new job for which the individual 

22 has received and accepted an offer of employment; 

23 or 

24 (2) a residence in a State or metropolitan area 

25 that— 


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1 (A) is not the State or metropolitan area 

2 of the individual’s initial residence; and 

3 (B) has an unemployment rate that is 2 or 

4 more percentage points less than the unemploy5 ment rate of the State or metropolitan area, re6 spectively, of the individual’s initial residence. 

7 (b) SELECTION PROCESS AND ELIGIBILITY.— 

8 (1) APPLICATION.—A long-term unemployed in9 dividual who desires a loan under this section shall 

10 submit to the Secretary an application at such time, 

11 in such manner, and containing such information as 

12 the Secretary may require. 

13 (2) LIMITED ELIGIBILITY.—A long-term unem14 ployed individual may receive only 1 loan under this 

15 section. 

16 (c) LOAN TERMS.—A loan issued under this section 

17 to a long-term unemployed individual shall be— 

18 (1) in an amount of $10,000 or less; and 

19 (2) evidenced by a note or other written agree20 ment that— 

21 (A) provides for repayment of the principal 

22 amount of the loan in installments over a 10- 

23 year period beginning on the date on which the 

24 loan is issued, except that no installments shall 

25 be required for the first year of the loan period; 


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1 (B) provides for interest to be calculated 

2 and accrue on the loan at the rate determined 

3 under subsection (d); and 

4 (C) allows such individual to accelerate, 

5 without penalty, the repayment of the whole or 

6 any part of the loan. 

7 (d) INTEREST RATE.—The interest rate for a loan 

8 issued under this section shall— 

9 (1) be the rate equal to the high yield of the 

10 10-year Treasury note auctioned at the final auction 

11 held prior to the date on which the loan is issued; 

12 and 

13 (2) be a fixed interest rate for the period of the 

14 loan. 

15 (e) LOAN FORGIVENESS.—Notwithstanding sub16 section (c)(2)(A), the Secretary may forgive the remaining 

17 amount of interest and principal due on a loan made under 

18 this section to a long-term unemployed individual for the 

19 purpose described in subsection (a)(1) in any case where 

20 the new job for which the individual relocates is eliminated 

21 within the first year of the individual’s employment 

22 through no fault of the individual. 

23 (f) DEFINITIONS.—In this section: 

24 (1) INITIAL RESIDENCE.—The term ‘‘initial res25 idence’’, when used with respect to a long-term indiVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 vidual applying for a loan under this section, means 

2 the location where the individual resides as of the 

3 day before the loan is issued. 

4 (2) LONG-TERM UNEMPLOYED INDIVIDUAL.— 

5 The term ‘‘long-term unemployed individual’’ means 

6 an individual who resides in a State and who has 

7 been unemployed for 27 consecutive weeks or more, 

8 as determined by the Secretary. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Labor. 

11 (4) STATES.—The term ‘‘State’’ means each of 

12 the several States of the United States and the Dis13 trict of Columbia. 

14 (g) LIMITED AUTHORITY.—The Secretary’s authority 

15 to issue loans under subsection (a) shall terminate on the 

16 earlier of— 

17 (1) the date that is 2 years after the date of en18 actment of this Act; or 

19 (2) the date that is 1 month after the date on 

20 which the Secretary determines that the total num21 ber of long-term unemployed individuals in the 

22 United States is less than 2,000,000. 


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1 TITLE IV—SUPPORTING KNOWL2 EDGE AND INVESTING IN 

3 LIFELONG SKILLS 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Supporting Knowledge 

6 and Investing in Lifelong Skills Act’’ or the ‘‘SKILLS 

7 Act’’. 

8 SEC. 402. REFERENCES. 

9 Except as otherwise expressly provided, wherever in 

10 this title an amendment or repeal is expressed in terms 

11 of an amendment to, or repeal of, a section or other provi12 sion, the amendment or repeal shall be considered to be 

13 made to a section or other provision of the Workforce In14 vestment Act of 1998 (29 U.S.C. 2801 et seq.). 

15 SEC. 403. APPLICATION TO FISCAL YEARS. 

16 Except as otherwise provided, this title and the 

17 amendments made by this title shall apply with respect 

18 to fiscal year 2015 and succeeding fiscal years. 

19 Subtitle A—Amendment to the 

20 Workforce Investment Act of 1998 

21 CHAPTER 1—WORKFORCE INVESTMENT 

22 DEFINITIONS 

23 SEC. 406. DEFINITIONS. 

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


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

2 following: 

3 ‘‘(2) ADULT EDUCATION AND FAMILY LITERACY

4 EDUCATION ACTIVITIES.—The term ‘adult education 

5 and family literacy education activities’ has the 

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

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

8 (3) by redesignating paragraphs (1) through 

9 (12) as paragraphs (3) through (14), and para10 graphs (14) through (23) as paragraphs (15) 

11 through (24), respectively; 

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

13 (5) by inserting after ‘‘In this title:’’ the fol14 lowing new paragraphs: 

15 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac16 crued expenditures’ means— 

17 ‘‘(A) charges incurred by recipients of 

18 funds under this title for a given period requir19 ing the provision of funds for goods or other 

20 tangible property received; 

21 ‘‘(B) charges incurred for services per22 formed by employees, contractors, subgrantees, 

23 subcontractors, and other payees; and 

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

25 programs assisted under this title, for which no 


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1 current services or performance is required, 

2 such as amounts for annuities, insurance 

3 claims, and other benefit payments. 

4 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad5 ministrative costs’ means expenditures incurred by 

6 State boards and local boards, direct recipients (in7 cluding State grant recipients under subtitle B and 

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

9 grant recipients, local fiscal agents or local grant 

10 subrecipients, and one-stop operators in the per11 formance of administrative functions and in carrying 

12 out activities under this title that are not related to 

13 the direct provision of workforce investment activi14 ties (including services to participants and employ15 ers). Such costs include both personnel and non-per16 sonnel expenditures and both direct and indirect ex17 penditures.’’; 

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

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

20 inserting ‘‘The’’; 

21 (7) by amending paragraph (5) (as so redesig22 nated) to read as follows: 

23 ‘‘(5) AREA CAREER AND TECHNICAL EDU24 CATION SCHOOL.—The term ‘area career and tech25 nical education school’ has the meaning given the 


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

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

3 2302(3)).’’; 

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

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

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

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

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

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

10 the cost of training, as determined by the local 

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

12 multiple local areas in the State, as determined by 

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

14 employer and such other factors as the local board 

15 or Governor, respectively, determines to be appro16 priate’’; 

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

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

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

20 121(e)’’; 

21 (B) in subparagraph (B)(iii)— 

22 (i) by striking ‘‘134(d)(4)’’ and insert23 ing ‘‘134(c)(4)’’; and 

24 (ii) by striking ‘‘intensive services de25 scribed in section 134(d)(3)’’ and inserting 


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1 ‘‘work ready services described in section 

2 134(c)(2)’’; 

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

4 after the semicolon; 

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

6 period and inserting ‘‘; or’’; and 

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

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

9 Armed Forces on active duty for a period of 

10 more than 30 days (as defined in section 

11 101(d)(2) of title 10, United States Code) who 

12 has experienced a loss of employment as a di13 rect result of relocation to accommodate a per14 manent change in duty station of such member; 

15 or 

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

17 Armed Forces on active duty (as defined in sec18 tion 101(d)(1) of title 10, United States Code) 

19 who meets the criteria described in paragraph 

20 (12)(B).’’; 

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

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

23 and inserting ‘‘or’’; 

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

25 ‘‘(A)(i)’’; and 


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

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

3 Armed Forces on active duty for a period of 

4 more than 30 days (as defined in section 

5 101(d)(2) of title 10, United States Code) 

6 whose family income is significantly reduced be7 cause of a deployment (as defined in section 

8 991(b) of title 10, United States Code, or pur9 suant to paragraph (4) of such section), a call 

10 or order to active duty pursuant to a provision 

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

12 title 10, United States Code, a permanent 

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

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

15 States Code) death or disability of the member; 

16 and’’; 

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

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

19 appears; 

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

21 (A) in subparagraph (A), by striking ‘‘sec22 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

23 (B) by striking subparagraph (B), and in24 serting the following: 


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

2 who is identified or awarded a contract as de3 scribed in section 117(d)(5)(C); or’’; 

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

5 (D) by redesignating subparagraph (D) as 

6 subparagraph (C); 

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

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

9 ‘‘individual’’; 

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

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

12 (16) in paragraph (25)— 

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

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

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

16 equivalent period;’’; 

17 (B) by redesignating subparagraphs (D) 

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

19 respectively; and 

20 (C) by inserting after subparagraph (C) 

21 the following: 

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

23 or reduced price lunch under the Richard B. 

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

25 1751 et seq.);’’; 


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1 (17) in paragraph (32), by striking ‘‘the Repub2 lic of the Marshall Islands, the Federated States of 

3 Micronesia,’’; 

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

5 follows: 

6 ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term ‘out7 of-school youth’ means— 

8 ‘‘(A) an at-risk youth who is a school drop9 out; or 

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

11 secondary school diploma or its recognized 

12 equivalent but is basic skills deficient, unem13 ployed, or underemployed.’’; 

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

15 ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; 

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

17 term means such Secretary for purposes of section 

18 503’’; 

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

20 or (v) of section 136(b)(3)(A)’’ and inserting ‘‘sec21 tion 136(b)(3)(A)(iii)’’; 

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

23 follows: 


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

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

3 title 5, United States Code.’’; 

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

5 follows: 

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

7 The term ‘career and technical education’ has the 

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

9 Perkins Career and Technical Education Act of 

10 2006 (20 U.S.C. 2302).’’; 

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

12 youth activity’’; and 

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

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

15 subtitle C, the term ‘at-risk youth’ means an indi16 vidual who— 

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

18 than age 24; 

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

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

21 of the following: 

22 ‘‘(i) A secondary school dropout. 

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

24 youth aging out of foster care). 

25 ‘‘(iii) A youth offender. 


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

2 with a disability. 

3 ‘‘(v) A migrant youth. 

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

5 The term ‘industry or sector partnership’ means a 

6 partnership of— 

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

8 ‘‘(B) one or more industry or sector orga9 nizations, and other entities, that have the ca10 pability to help the State board or local board 

11 determine the immediate and long-term skilled 

12 workforce needs of in-demand industries or sec13 tors and other occupations important to the 

14 State or local economy, respectively. 

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

16 The term ‘industry-recognized credential’ means a 

17 credential that is sought or accepted by companies 

18 within the industry sector involved, across multiple 

19 States, as recognized, preferred, or required for re20 cruitment, screening, or hiring and is awarded for 

21 completion of a program listed or identified under 

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

23 area involved. 

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

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


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1 strategy’ means a strategy in which a pay-for-per2 formance contract to provide a program of employ3 ment and training activities incorporates provisions 

4 regarding— 

5 ‘‘(A) the core indicators of performance de6 scribed in subclauses (I) through (IV) and (VI) 

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

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

9 an eligible provider of such employment and 

10 training activities for each program participant 

11 who, within a defined timetable, achieves the 

12 agreed-to levels of performance based upon the 

13 core indicators of performance described in sub14 paragraph (A), and may include a bonus pay15 ment to such provider, which may be used to 

16 expand the capacity of such provider; 

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

18 recoup the costs of providing the activities for 

19 a program participant who has not achieved 

20 those levels, but for whom the provider is able 

21 to demonstrate that such participant gained 

22 specific competencies required for education 

23 and career advancement that are, where fea24 sible, tied to industry-recognized credentials 


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1 and related standards, or State licensing re2 quirements; and 

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

4 that does not meet the requirements under sec5 tion 122(a)(2) to participate in such pay-for6 performance contract and to not be required to 

7 report on the performance and cost information 

8 required under section 122(d). 

9 ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN10 TIAL.—The term ‘recognized postsecondary creden11 tial’ means a credential awarded by a provider of 

12 training services or postsecondary educational insti13 tution based on completion of all requirements for a 

14 program of study, including coursework or tests or 

15 other performance evaluations. The term means an 

16 industry-recognized credential, a certificate of com17 pletion of a registered apprenticeship program, or an 

18 associate or baccalaureate degree from an institution 

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

20 ‘‘(57) REGISTERED APPRENTICESHIP PRO21 GRAM.—The term ‘registered apprenticeship pro22 gram’ means a program described in section 

23 122(a)(2)(B).’’. 


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1 CHAPTER 2—STATEWIDE AND LOCAL 

2 WORKFORCE INVESTMENT SYSTEMS 

3 SEC. 411. PURPOSE. 

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

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

6 subtitle to provide workforce investment activities in a 

7 manner that enhances employer engagement, promotes 

8 customer choices in the selection of training services, and 

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

10 SEC. 412. STATE WORKFORCE INVESTMENT BOARDS. 

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

12 (1) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking subparagraph (B); 

15 (ii) by redesignating subparagraph 

16 (C) as subparagraph (B); and 

17 (iii) in subparagraph (B) (as so redes18 ignated)— 

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

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

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

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

23 read as follows: 

24 ‘‘(II) represent businesses, in25 cluding large and small businesses, 


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1 each of which has immediate and 

2 long-term employment opportunities 

3 in an in-demand industry or other oc4 cupation important to the State econ5 omy; and’’; 

6 (III) by striking clause (iii) and 

7 inserting the following: 

8 ‘‘(iii) a State agency official respon9 sible for economic development; and’’; 

10 (IV) by striking clauses (iv) 

11 through (vi); 

12 (V) by amending clause (vii) to 

13 read as follows: 

14 ‘‘(vii) such other representatives and 

15 State agency officials as the Governor may 

16 designate, including— 

17 ‘‘(I) members of the State legis18 lature; 

19 ‘‘(II) representatives of individ20 uals and organizations that have expe21 rience with respect to youth activities; 

22 ‘‘(III) representatives of individ23 uals and organizations that have expe24 rience and expertise in the delivery of 

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1 cluding chief executive officers of com2 munity colleges and community-based 

3 organizations within the State; 

4 ‘‘(IV) representatives of the lead 

5 State agency officials with responsi6 bility for the programs and activities 

7 that are described in section 121(b) 

8 and carried out by one-stop partners; 

9 or 

10 ‘‘(V) representatives of veterans 

11 service organizations.’’; and 

12 (VI) by redesignating clause (vii) 

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

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

15 follows: 

‘‘(3) MAJORITY.—A 2 16 ⁄3 majority of the mem17 bers of the board shall be representatives described 

18 in paragraph (1)(B)(i).’’; 

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

20 and inserting ‘‘(b)(1)(B)(i)’’; 

21 (3) by amending subsection (d) to read as fol22 lows: 

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

24 Governor of the State as follows: 


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

2 112, the State board shall develop a State plan. 

3 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

4 SYSTEM.—The State board shall review and develop 

5 statewide policies and programs in the State in a 

6 manner that supports a comprehensive statewide 

7 workforce development system that will result in 

8 meeting the workforce needs of the State and its 

9 local areas. Such review shall include determining 

10 whether the State should consolidate additional 

11 amounts for additional activities or programs into 

12 the Workforce Investment Fund in accordance with 

13 section 501(e). 

14 ‘‘(3) WORKFORCE AND LABOR MARKET INFOR15 MATION SYSTEM.—The State board shall develop a 

16 statewide workforce and labor market information 

17 system described in section 15(e) of the Wagner18 Peyser Act (29 U.S.C. 49l–2(e)), which may include 

19 using information collected under Federal law other 

20 than this Act by the State economic development en21 tity or a related entity in developing such system. 

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

23 board shall develop strategies, across local areas, 

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1 tion, coordination, and collaboration among employ2 ers, economic development entities, and service pro3 viders. 

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

5 State board shall designate local areas as required 

6 under section 116. 

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

8 board shall identify and disseminate information on 

9 best practices for effective operation of one-stop cen10 ters, including use of innovative business outreach, 

11 partnerships, and service delivery strategies. 

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

13 shall conduct the following program oversight: 

14 ‘‘(A) Reviewing and approving local plans 

15 under section 118. 

16 ‘‘(B) Ensuring the appropriate use and 

17 management of the funds provided for State 

18 employment and training activities authorized 

19 under section 134. 

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

21 Secretary described in section 136(d). 

22 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS23 URES.—The State board shall develop and ensure 

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1 formance measures, including State adjusted levels 

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

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

4 subsection (f) as subsection (e); 

5 (5) in subsection (e) (as so redesignated), by in6 serting ‘‘or participate in any action taken’’ after 

7 ‘‘vote’’; 

8 (6) by inserting after subsection (e) (as so re9 designated), the following: 

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

11 assist in carrying out the functions described in subsection 

12 (d).’’; and 

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

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

15 SEC. 413. STATE PLAN. 

16 Section 112 (29 U.S.C. 2822)— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘127 or’’; and 

19 (B) by striking ‘‘5-year strategy’’ and in20 serting ‘‘3-year strategy’’; 

21 (2) in subsection (b)— 

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

23 follows: 

24 ‘‘(4) information describing— 

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


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

2 workforce needs of in-demand industries, small 

3 businesses, and other occupations important to 

4 the State economy; 

5 ‘‘(C) the knowledge and skills of the work6 force in the State; and 

7 ‘‘(D) workforce development activities (in8 cluding education and training) in the State;’’; 

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

10 follows: 

11 ‘‘(7) a description of the State criteria for de12 termining the eligibility of training services providers 

13 in accordance with section 122, including how the 

14 State will take into account the performance of pro15 viders and whether the training services relate to in16 demand industries and other occupations important 

17 to the State economy;’’; 

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

19 follows: 

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

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

22 avoid duplication among, the programs and activities 

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

24 ‘‘(B) a description of and an assurance regard25 ing common data collection and reporting processes 


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1 used for the programs and activities described in 

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

3 partners, including— 

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

5 quarterly wage records for performance meas6 ures described in section 136(b)(2)(A) that are 

7 applicable to such programs or activities; or 

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

9 used for the performance measures, an identi10 fication of the barriers to using such wage 

11 records and a description of how the State will 

12 address such barriers within 1 year of the ap13 proval of the plan;’’; 

14 (D) in paragraph (9), by striking ‘‘, includ15 ing comment by representatives of businesses 

16 and representatives of labor organizations,’’; 

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

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

19 section 132’’; 

20 (F) by striking paragraph (12); 

21 (G) by redesignating paragraphs (13) 

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

23 respectively; 


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1 (H) in paragraph (12) (as so redesig2 nated), by striking ‘‘111(f)’’ and inserting 

3 ‘‘111(e)’’; 

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

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

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

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

8 ‘‘116(a)(3)’’; 

9 (K) in paragraph (16) (as so redesig10 nated)— 

11 (i) in subparagraph (A)— 

12 (I) in clause (ii)— 

13 (aa) by striking ‘‘to dis14 located workers’’; and 

15 (bb) by inserting ‘‘and addi16 tional assistance’’ after ‘‘rapid 

17 response activities’’; 

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

19 ‘‘134(d)(4)’’ and inserting 

20 ‘‘134(c)(4)’’; 

21 (III) by striking ‘‘and’’ at the 

22 end of clause (iii); 

23 (IV) by amending clause (iv) to 

24 read as follows: 


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

3 workers (including displaced homemakers), 

4 low-income individuals (including recipients 

5 of public assistance such as supplemental 

6 nutrition assistance program benefits pur7 suant to the Food and Nutrition Act of 

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

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

11 Federal and State unemployment com12 pensation), English learners, homeless in13 dividuals, individuals training for nontradi14 tional employment, youth (including out-of15 school youth and at-risk youth), older 

16 workers, ex-offenders, migrant and sea17 sonal farmworkers, refugees and entrants, 

18 veterans (including disabled and homeless 

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

20 and 

21 (V) by adding at the end the fol22 lowing new clause: 

23 ‘‘(v) how the State will— 

24 ‘‘(I) consistent with section 188 

25 and Executive Order No. 13217 (42 


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1 U.S.C. 12131 note), serve the employ2 ment and training needs of individuals 

3 with disabilities; and 

4 ‘‘(II) consistent with sections 504 

5 and 508 of the Rehabilitation Act of 

6 1973 (29 U.S.C. 794, 794d), include 

7 the provision of outreach, intake, as8 sessments, and service delivery, the 

9 development of performance measures, 

10 the training of staff, and other as11 pects of accessibility for individuals 

12 with disabilities to programs and serv13 ices under this subtitle;’’; and 

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

15 ‘‘to the extent practicable’’ and inserting 

16 ‘‘in accordance with the requirements of 

17 the Jobs for Veterans Act (Public Law 

18 107–288) and the amendments made by 

19 such Act’’; and 

20 (L) by striking paragraph (17) (as so re21 designated) and inserting the following: 

22 ‘‘(17) a description of the strategies and serv23 ices that will be used in the State— 

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1 demand industries and occupations important 

2 to the State economy; 

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

4 State; and 

5 ‘‘(C) to better coordinate workforce devel6 opment programs with economic development 

7 activities; 

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

9 convene (or help to convene) industry or sector part10 nerships that lead to collaborative planning, resource 

11 alignment, and training efforts across a targeted 

12 cluster of multiple firms for a range of workers em13 ployed or potentially employed by the industry or 

14 sector— 

15 ‘‘(A) to encourage industry growth and 

16 competitiveness and to improve worker training, 

17 retention, and advancement in the industry or 

18 sector; 

19 ‘‘(B) to address the immediate and long20 term skilled workforce needs of in-demand in21 dustries, small businesses, and other occupa22 tions important to the State economy; and 

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

24 and across industries and sectors; 


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

2 technology, to facilitate access to services in remote 

3 areas, which may be used throughout the State; 

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

5 assistance to be provided by the State for encour6 aging regional cooperation within the State and 

7 across State borders, as appropriate; 

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

9 taken by the State to foster communication, coordi10 nation, and partnerships with nonprofit organiza11 tions (including public libraries, community, faith12 based, and philanthropic organizations) that provide 

13 employment-related, training, and complementary 

14 services, to enhance the quality and comprehensive15 ness of services available to participants under this 

16 title; 

17 ‘‘(22) a description of the process and method18 ology for determining— 

19 ‘‘(A) one-stop partner program contribu20 tions for the costs of infrastructure of one-stop 

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

22 ‘‘(B) the formula for allocating such infra23 structure funds to local areas under section 

24 121(h)(3); 


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1 ‘‘(23) a description of the strategies and serv2 ices that will be used in the State to assist at-risk 

3 youth and out-of-school youth in acquiring the edu4 cation and skills, credentials (including recognized 

5 postsecondary credentials, such as industry-recog6 nized credentials), and employment experience to 

7 succeed in the labor market, including— 

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

9 industries or occupations important to the State 

10 and local economy; 

11 ‘‘(B) dropout recovery activities that are 

12 designed to lead to the attainment of a regular 

13 secondary school diploma or its recognized 

14 equivalent, or other State-recognized equivalent 

15 (including recognized alternative standards for 

16 individuals with disabilities); and 

17 ‘‘(C) activities combining remediation of 

18 academic skills, work readiness training, and 

19 work experience, and including linkages to post20 secondary education and training and career21 ladder employment; and 

22 ‘‘(24) a description of— 

23 ‘‘(A) how the State will furnish employ24 ment, training, including training in advanced 

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1 ices to veterans, including disabled and home2 less veterans; 

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

4 be used in the State to assist in and expedite 

5 reintegration of homeless veterans into the 

6 labor force; and 

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

8 in the State.’’; 

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

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

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

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

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

14 inserting ‘‘3-year’’. 

15 SEC. 414. LOCAL WORKFORCE INVESTMENT AREAS. 

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

17 (1) in subsection (a)— 

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

19 follows: 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) PROCESS.—In order to receive an al22 lotment under section 132, a State, through the 

23 State board, shall establish a process to des24 ignate local workforce investment areas within 

25 the State. Such process shall— 


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1 ‘‘(i) support the statewide workforce 

2 development system developed under sec3 tion 111(d)(2), enabling the system to 

4 meet the workforce needs of the State and 

5 its local areas; 

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

7 designation, with chief elected officials; 

8 ‘‘(iii) include consideration of com9 ments received on the designation through 

10 the public comment process as described in 

11 section 112(b)(9); and 

12 ‘‘(iv) require the submission of an ap13 plication for approval under subparagraph 

14 (B). 

15 ‘‘(B) APPLICATION.—To obtain designa16 tion of a local area under this paragraph, a 

17 local or regional board (or consortia of local or 

18 regional boards) seeking to take responsibility 

19 for the area under this Act shall submit an ap20 plication to a State board at such time, in such 

21 manner, and containing such information as the 

22 State board may require, including— 

23 ‘‘(i) a description of the local area, in24 cluding the population that will be served 

25 by the local area, and the education and 


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1 training needs of its employers and work2 ers; 

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

4 area is consistent or aligned with— 

5 ‘‘(I) service delivery areas (as de6 termined by the State); 

7 ‘‘(II) labor market areas; and 

8 ‘‘(III) economic development re9 gions; 

10 ‘‘(iii) a description of the eligible pro11 viders of education and training, including 

12 postsecondary educational institutions such 

13 as community colleges, located in the local 

14 area and available to meet the needs of the 

15 local workforce; 

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

17 individuals will need to travel to receive 

18 services provided in such local area; and 

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

20 board may require. 

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

22 areas under this paragraph, a State board shall 

23 give priority consideration to an area proposed 

24 by an applicant demonstrating that a designa25 tion as a local area under this paragraph will 


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1 result in the reduction of overlapping service 

2 delivery areas, local market areas, or economic 

3 development regions. 

4 ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A 

5 State may designate an area proposed by an 

6 applicant as a local area under this paragraph 

7 for a period not to exceed 3 years. 

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

9 Act, a reference to a local area— 

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

11 area, refers to an area designated under 

12 this paragraph; and 

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

14 refers to the applicant.’’; 

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

16 follows: 

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

18 shall, if requested by the Governor of a State, pro19 vide the State with technical assistance in making 

20 the determinations required under paragraph (1). 

21 The Secretary shall not issue regulations governing 

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

23 (C) by striking paragraph (3); 

24 (D) by striking paragraph (4); 


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1 (E) by redesignating paragraph (5) as 

2 paragraph (3); and 

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

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

5 and inserting ‘‘(1)’’; 

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

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

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

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

11 and 

12 (3) in subsection (c)— 

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

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

15 boards for the designated region to prepare a 

16 single regional plan that incorporates the ele17 ments of the local plan under section 118 and 

18 that is submitted and approved in lieu of sepa19 rate local plans under such section.’’; and 

20 (B) in paragraph (2), by striking ‘‘employ21 ment statistics’’ and inserting ‘‘workforce and 

22 labor market information’’. 

23 SEC. 415. LOCAL WORKFORCE INVESTMENT BOARDS. 

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

25 (1) in subsection (b)— 


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1 (A) in paragraph (2)— 

2 (i) in subparagraph (A)— 

3 (I) by striking ‘‘include—’’ and 

4 all that follows through ‘‘representa5 tives’’ and inserting ‘‘include rep6 resentatives’’; 

7 (II) by striking clauses (ii) 

8 through (vi); 

9 (III) by redesignating subclauses 

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

11 through (iii), respectively (and by 

12 moving the margins of such clauses 2 

13 ems to the left); 

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

15 redesignated) and inserting the fol16 lowing: 

17 ‘‘(ii) represent businesses, including 

18 large and small businesses, each of which 

19 has immediate and long-term employment 

20 opportunities in an in-demand industry or 

21 other occupation important to the local 

22 economy; and’’; and 

23 (V) by striking the semicolon at 

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


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1 (ii) by amending subparagraph (B) to 

2 read as follows: 

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

4 representatives of entities as the chief elected 

5 official in the local area may determine to be 

6 appropriate, including— 

7 ‘‘(i) the superintendent or other em8 ployee of the local educational agency who 

9 has primary responsibility for secondary 

10 education, the presidents or chief executive 

11 officers of postsecondary educational insti12 tutions (including a community college, 

13 where such an entity exists), or adminis14 trators of local entities providing adult 

15 education and family literacy education ac16 tivities; 

17 ‘‘(ii) representatives of community18 based organizations (including organiza19 tions representing individuals with disabil20 ities and veterans, for a local area in which 

21 such organizations are present); or 

22 ‘‘(iii) representatives of veterans serv23 ice organizations.’’; 

24 (B) in paragraph (4)— 


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

3 (ii) by striking ‘‘(2)(A)(i)’’ and insert4 ing ‘‘(2)(A)’’; and 

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

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

7 (2) in subsection (c)— 

8 (A) in paragraph (1), by striking subpara9 graph (C); and 

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

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

12 ‘‘paragraphs (1) through (8)’’; 

13 (3) by amending subsection (d) to read as fol14 lows: 

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

16 of the local board shall include the following: 

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

18 118, each local board, in partnership with the chief 

19 elected official for the local area involved, shall de20 velop and submit a local plan to the Governor. 

21 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

22 LABOR MARKET ANALYSIS.— 

23 ‘‘(A) IN GENERAL.—The local board 

24 shall— 


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

2 analysis of— 

3 ‘‘(I) the economic conditions in 

4 the local area; 

5 ‘‘(II) the immediate and long6 term skilled workforce needs of in-de7 mand industries and other occupa8 tions important to the local economy; 

9 ‘‘(III) the knowledge and skills of 

10 the workforce in the local area; and 

11 ‘‘(IV) workforce development ac12 tivities (including education and train13 ing) in the local area; and 

14 ‘‘(ii) assist the Governor in developing 

15 the statewide workforce and labor market 

16 information system described in section 

17 15(e) of the Wagner-Peyser Act (29 U.S.C. 

18 49l–2(e)). 

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

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

21 local board shall use an existing analysis, if 

22 any, by the local economic development entity 

23 or related entity. 

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

25 board shall meet the needs of employers and support 


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1 economic growth in the local area by enhancing com2 munication, coordination, and collaboration among 

3 employers, economic development entities, and serv4 ice providers. 

5 ‘‘(4) BUDGET AND ADMINISTRATION.— 

6 ‘‘(A) BUDGET.— 

7 ‘‘(i) IN GENERAL.—The local board 

8 shall develop a budget for the activities of 

9 the local board in the local area, consistent 

10 with the requirements of this subsection. 

11 ‘‘(ii) TRAINING RESERVATION.—In de12 veloping a budget under clause (i), the 

13 local board shall reserve a percentage of 

14 funds to carry out the activities specified 

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

16 use the analysis conducted under para17 graph (2)(A)(i) to determine the appro18 priate percentage of funds to reserve under 

19 this clause. 

20 ‘‘(B) ADMINISTRATION.— 

21 ‘‘(i) GRANT RECIPIENT.—The chief 

22 elected official in a local area shall serve as 

23 the local grant recipient for, and shall be 

24 liable for any misuse of, the grant funds 

25 allocated to the local area under section 


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1 133, unless the chief elected official 

2 reaches an agreement with the Governor 

3 for the Governor to act as the local grant 

4 recipient and bear such liability. 

5 ‘‘(ii) DESIGNATION.—In order to as6 sist in administration of the grant funds, 

7 the chief elected official or the Governor, 

8 where the Governor serves as the local 

9 grant recipient for a local area, may des10 ignate an entity to serve as a local grant 

11 subrecipient for such funds or as a local 

12 fiscal agent. Such designation shall not re13 lieve the chief elected official or the Gov14 ernor of the liability for any misuse of 

15 grant funds as described in clause (i). 

16 ‘‘(iii) DISBURSAL.—The local grant 

17 recipient or an entity designated under 

18 clause (ii) shall disburse the grant funds 

19 for workforce investment activities at the 

20 direction of the local board, pursuant to 

21 the requirements of this title. The local 

22 grant recipient or entity designated under 

23 clause (ii) shall disburse the funds imme24 diately on receiving such direction from the 

25 local board. 


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

2 staff to assist in carrying out the functions de3 scribed in this subsection. 

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

5 board may solicit and accept grants and dona6 tions from sources other than Federal funds 

7 made available under this Act. 

8 ‘‘(5) SELECTION OF OPERATORS AND PRO9 VIDERS.— 

10 ‘‘(A) SELECTION OF ONE-STOP OPERA11 TORS.—Consistent with section 121(d), the 

12 local board, with the agreement of the chief 

13 elected official— 

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

15 operators as described in section 

16 121(d)(2)(A); and 

17 ‘‘(ii) may terminate for cause the eli18 gibility of such operators. 

19 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN20 ING SERVICE PROVIDERS.—Consistent with this 

21 subtitle, the local board shall identify eligible 

22 providers of training services described in sec23 tion 134(c)(4) in the local area, annually review 

24 the outcomes of such eligible providers using 

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1 ignate such eligible providers in the local area 

2 who have demonstrated the highest level of suc3 cess with respect to such criteria as priority eli4 gible providers for the program year following 

5 the review. 

6 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO7 VIDERS OF WORK READY SERVICES.—If the 

8 one-stop operator does not provide the services 

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

10 the local board shall identify eligible providers 

11 of such services in the local area by awarding 

12 contracts. 

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

14 in partnership with the chief elected official, shall be 

15 responsible for— 

16 ‘‘(A) ensuring the appropriate use and 

17 management of the funds provided for local em18 ployment and training activities authorized 

19 under section 134(b); and 

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

21 delivery system, in the local area, authorized 

22 under section 121. 

23 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

24 MEASURES.—The local board, the chief elected offi25 cial, and the Governor shall negotiate and reach 


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1 agreement on local performance measures as de2 scribed in section 136(c). 

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

4 board shall develop strategies for technology im5 provements to facilitate access to services authorized 

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

7 including access in remote areas.’’; 

8 (4) in subsection (e)— 

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

10 after ‘‘regular basis through’’; and 

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

12 or contracts to eligible providers of youth activi13 ties,’’; 

14 (5) in subsection (f)— 

15 (A) in paragraph (1)(A), by striking ‘‘sec16 tion 134(d)(4)’’ and inserting ‘‘section 

17 134(c)(4)’’; and 

18 (B) by striking paragraph (2) and insert19 ing the following: 

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

21 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

22 board may provide work ready services described in 

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

24 described in section 121 or be designated or certified 


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

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

3 (6) in subsection (g)(1), by inserting ‘‘or par4 ticipate in any action taken’’ after ‘‘vote’’; and 

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

6 SEC. 416. LOCAL PLAN. 

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

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

9 inserting ‘‘3-year’’; 

10 (2) by amending subsection (b) to read as fol11 lows: 

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

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

14 area’s economic and workforce conditions conducted 

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

16 117(d)(2)(A)(i), and an assurance that the local 

17 board will use such analysis to carry out the activi18 ties under this subtitle; 

19 ‘‘(2) a description of the one-stop delivery sys20 tem in the local area, including— 

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

22 will ensure— 

23 ‘‘(i) the continuous improvement of el24 igible providers of services through the sys25 tem; and 


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1 ‘‘(ii) that such providers meet the em2 ployment needs of local businesses and 

3 participants; and 

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

5 will facilitate access to services described in sec6 tion 117(d)(8) and provided through the one7 stop delivery system consistent with section 

8 117(d)(8); 

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

10 that will be used in the local area— 

11 ‘‘(A) to more fully engage employers, in12 cluding small businesses and employers in in13 demand industries and occupations important 

14 to the local economy; 

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

16 local area; 

17 ‘‘(C) to better coordinate workforce devel18 opment programs with economic development 

19 activities; and 

20 ‘‘(D) to better coordinate workforce devel21 opment programs with employment, training, 

22 and literacy services carried out by nonprofit 

23 organizations, including public libraries, as ap24 propriate; 


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

2 convene (or help to convene) industry or sector part3 nerships that lead to collaborative planning, resource 

4 alignment, and training efforts across multiple firms 

5 for a range of workers employed or potentially em6 ployed by a targeted industry or sector— 

7 ‘‘(A) to encourage industry growth and 

8 competitiveness and to improve worker training, 

9 retention, and advancement in the targeted in10 dustry or sector; 

11 ‘‘(B) to address the immediate and long12 term skilled workforce needs of in-demand in13 dustries, small businesses, and other occupa14 tions important to the local economy; and 

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

16 and across industries and sectors; 

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

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

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

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

21 coordinate workforce investment activities carried 

22 out in the local area with statewide workforce invest23 ment activities, as appropriate; 

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


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1 ‘‘(A) coordinate activities with the local 

2 area’s disability community, and with transition 

3 services (as defined under section 602 of the In4 dividuals with Disabilities Education Act (20 

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

6 educational agencies serving such local area, to 

7 make available comprehensive, high-quality 

8 services to individuals with disabilities; 

9 ‘‘(B) consistent with section 188 and Exec10 utive Order No. 13217 (42 U.S.C. 12131 note), 

11 serve the employment and training needs of in12 dividuals with disabilities, with a focus on em13 ployment that fosters independence and integra14 tion into the workplace; and 

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

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

17 794, 794d), include the provision of outreach, 

18 intake, assessments, and service delivery, the 

19 development of performance measures, the 

20 training of staff, and other aspects of accessi21 bility for individuals with disabilities to pro22 grams and services under this subtitle; 

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

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


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

2 the local area; and 

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

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

6 delivery system, in the local area; 

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

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

9 an opportunity for public comment prior to submis10 sion of the plan; 

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

12 serve the employment and training needs of dis13 located workers (including displaced homemakers), 

14 low-income individuals (including recipients of public 

15 assistance such as supplemental nutrition assistance 

16 program benefits pursuant to the Food and Nutri17 tion Act of 2008 (7 U.S.C. 2011 et seq.)), long-term 

18 unemployed individuals (including individuals who 

19 have exhausted entitlement to Federal and State un20 employment compensation), English learners, home21 less individuals, individuals training for nontradi22 tional employment, youth (including out-of-school 

23 youth and at-risk youth), older workers, ex-offend24 ers, migrant and seasonal farmworkers, refugees and 


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1 entrants, veterans (including disabled veterans and 

2 homeless veterans), and Native Americans; 

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

4 for the disbursal of grant funds described in section 

5 117(d)(4)(B)(iii), as determined by the chief elected 

6 official or the Governor under such section; 

7 ‘‘(12) a description of the strategies and serv8 ices that will be used in the local area to assist at9 risk youth and out-of-school youth in acquiring the 

10 education and skills, credentials (including recog11 nized postsecondary credentials, such as industry12 recognized credentials), and employment experience 

13 to succeed in the labor market, including— 

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

15 industries or occupations important to the local 

16 economy; 

17 ‘‘(B) dropout recovery activities that are 

18 designed to lead to the attainment of a regular 

19 secondary school diploma or its recognized 

20 equivalent, or other State-recognized equivalent 

21 (including recognized alternative standards for 

22 individuals with disabilities); and 

23 ‘‘(C) activities combining remediation of 

24 academic skills, work readiness training, and 

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1 secondary education and training and career2 ladder employment; 

3 ‘‘(13) a description of— 

4 ‘‘(A) how the local area will furnish em5 ployment, training, including training in ad6 vanced manufacturing, supportive, and place7 ment services to veterans, including disabled 

8 and homeless veterans; 

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

10 be used in the local area to assist in and expe11 dite reintegration of homeless veterans into the 

12 labor force; and 

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

14 the local area; 

15 ‘‘(14) a description of— 

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

17 employment specialist consistent with the re18 quirements of section 134(f); 

19 ‘‘(B) the manner in which the veteran em20 ployment specialist is integrated into the one21 stop career system described in section 121; 

22 ‘‘(C) the date on which the veteran em23 ployment specialist was assigned; and 

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1 ing by the National Veterans’ Employment and 

2 Training Services Institute; and 

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

4 may require.’’; and 

5 (3) in subsection (c)— 

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

7 means’’ and inserting ‘‘electronic means and 

8 such means’’; and 

9 (B) in paragraph (2), by striking ‘‘, includ10 ing representatives of business and representa11 tives of labor organizations,’’. 

12 SEC. 417. ESTABLISHMENT OF ONE-STOP DELIVERY SYS13 TEM. 

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

15 (1) in subsection (b)— 

16 (A) by striking subparagraph (A) of para17 graph (1) and inserting the following: 

18 ‘‘(A) ROLES AND RESPONSIBILITIES OF

19 ONE-STOP PARTNERS.—Each entity that carries 

20 out a program or activities described in sub21 paragraph (B) shall— 

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

23 delivery system to the program or activities 

24 carried out by the entity, including making 

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1 tion 134(c)(2) that are applicable to the 

2 program or activities of the entity available 

3 at one-stop centers (in addition to any 

4 other appropriate locations); 

5 ‘‘(ii) use a portion of the funds avail6 able to the program or activities of the en7 tity to maintain the one-stop delivery sys8 tem, including payment of the costs of in9 frastructure of one-stop centers in accord10 ance with subsection (h); 

11 ‘‘(iii) enter into a local memorandum 

12 of understanding with the local board, re13 lating to the operation of the one-stop de14 livery system, that meets the requirements 

15 of subsection (c); and 

16 ‘‘(iv) participate in the operation of 

17 the one-stop delivery system consistent 

18 with the terms of the memorandum of un19 derstanding, the requirements of this title, 

20 and the requirements of the Federal laws 

21 authorizing the program or activities car22 ried out by the entity.’’; 

23 (B) in paragraph (1)(B)— 

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

25 (vi); 


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1 (ii) by redesignating clauses (iii) and 

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

3 (iii) by redesignating clauses (vii) 

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

5 respectively; 

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

7 by striking ‘‘adult education and literacy 

8 activities’’ and inserting ‘‘adult education 

9 and family literacy education activities’’; 

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

11 by striking ‘‘and’’ at the end; 

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

13 by striking the period and inserting ‘‘; 

14 and’’; and 

15 (vii) by adding at the end the fol16 lowing: 

17 ‘‘(x) subject to subparagraph (C), pro18 grams authorized under part A of title IV 

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

20 et seq.).’’; 

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

22 the following: 

23 ‘‘(C) DETERMINATION BY THE GOV24 ERNOR.—Each entity carrying out a program 

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1 sidered to be a one-stop partner under this title 

2 and carry out the required partner activities de3 scribed in subparagraph (A) unless the Gov4 ernor of the State in which the local area is lo5 cated provides the Secretary and Secretary of 

6 Health and Human Services written notice of a 

7 determination by the Governor that such an en8 tity shall not be considered to be such a partner 

9 and shall not carry out such required partner 

10 activities.’’; and 

11 (D) in paragraph (2)— 

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

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

14 134(c)(2)’’; and 

15 (ii) in subparagraph (B)— 

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

17 and (v); 

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

19 ‘‘and’’ at the end; 

20 (III) by redesignating clauses 

21 (iii) and (iv) as clauses (i) and (ii), re22 spectively; and 

23 (IV) by adding at the end the fol24 lowing: 


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1 ‘‘(iii) employment and training pro2 grams administered by the Commissioner 

3 of the Social Security Administration; 

4 ‘‘(iv) employment and training pro5 grams carried out by the Administrator of 

6 the Small Business Administration; 

7 ‘‘(v) employment, training, and lit8 eracy services carried out by public librar9 ies; and 

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

11 or local programs, including programs in 

12 the private sector.’’; 

13 (2) in subsection (c)(2), by amending subpara14 graph (A) to read as follows: 

15 ‘‘(A) provisions describing— 

16 ‘‘(i) the services to be provided 

17 through the one-stop delivery system con18 sistent with the requirements of this sec19 tion, including the manner in which the 

20 services will be coordinated through such 

21 system; 

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

23 and the operating costs of such system will 

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1 table funding stream for ongoing one-stop 

2 system operations, including the funding of 

3 the costs of infrastructure of one-stop cen4 ters in accordance with subsection (h); 

5 ‘‘(iii) methods of referral of individ6 uals between the one-stop operator and the 

7 one-stop partners for appropriate services 

8 and activities, including referrals for train9 ing for nontraditional employment; and 

10 ‘‘(iv) the duration of the memo11 randum of understanding and the proce12 dures for amending the memorandum dur13 ing the term of the memorandum, and as14 surances that such memorandum shall be 

15 reviewed not less than once every 3-year 

16 period to ensure appropriate funding and 

17 delivery of services under the memo18 randum; and’’; 

19 (3) in subsection (d)— 

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

21 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

22 and inserting ‘‘LOCAL DESIGNATION AND CER23 TIFICATION’’; 

24 (B) in paragraph (2)— 


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

2 inserting ‘‘subsection (e)’’; 

3 (ii) by amending subparagraph (A) to 

4 read as follows: 

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

6 one-stop operator through a competitive proc7 ess; and’’; and 

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

9 clause (ii) and redesignating clauses (iii) 

10 through (vi) as clauses (ii) through (v), re11 spectively; and 

12 (C) in paragraph (3), by striking ‘‘voca13 tional’’ and inserting ‘‘career and technical’’; 

14 (4) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS17 TEM.— 

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

19 in a State that receives an allotment under section 

20 132(b) a one-stop delivery system, which shall— 

21 ‘‘(A) provide the work ready services de22 scribed in section 134(c)(2); 

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

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

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1 reer enhancement accounts for training services 

2 to participants in accordance with paragraph 

3 (4)(F) of such section; 

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

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

6 ‘‘(D) provide access to programs and ac7 tivities carried out by one-stop partners that 

8 are described in subsection (b); and 

9 ‘‘(E) provide access to the data and infor10 mation described in subparagraphs (A) and (B) 

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

12 (29 U.S.C. 49l–2(a)(1)). 

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

14 one-stop delivery system— 

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

16 services, and activities described in paragraph 

17 (1) accessible at not less than one physical cen18 ter in each local area of the State; and 

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

20 and activities described in paragraph (1) avail21 able— 

22 ‘‘(i) through a network of affiliated 

23 sites that can provide one or more of the 

24 programs, services, and activities to indi25 viduals; and 


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1 ‘‘(ii) through a network of eligible 

2 one-stop partners— 

3 ‘‘(I) in which each partner pro4 vides one or more of the programs, 

5 services, and activities to such individ6 uals and is accessible at an affiliated 

7 site that consists of a physical loca8 tion or an electronically or techno9 logically linked access point; and 

10 ‘‘(II) that assures individuals 

11 that information on the availability of 

12 the work ready services will be avail13 able regardless of where the individ14 uals initially enter the statewide work15 force investment system, including in16 formation made available through an 

17 access point described in subclause 

18 (I). 

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

20 sites described in paragraph (2) may have a speciali21 zation in addressing special needs.’’; and 

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

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

24 ‘‘(1) IN GENERAL.— 


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

2 establish objective procedures and criteria for 

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

4 centers for the purpose of awarding the one5 stop infrastructure funding described in sub6 section (h). 

7 ‘‘(B) CRITERIA.—The criteria for certifi8 cation of a one-stop center under this sub9 section shall include— 

10 ‘‘(i) meeting the expected levels of 

11 performance for each of the corresponding 

12 core indicators of performance as outlined 

13 in the State plan under section 112; 

14 ‘‘(ii) meeting minimum standards re15 lating to the scope and degree of service 

16 integration achieved by the center, involv17 ing the programs provided by the one-stop 

18 partners; and 

19 ‘‘(iii) meeting minimum standards re20 lating to how the center ensures that eligi21 ble providers meet the employment needs 

22 of local employers and participants. 

23 ‘‘(C) EFFECT OF CERTIFICATION.—One24 stop centers certified under this subsection shall 


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1 be eligible to receive the infrastructure funding 

2 authorized under subsection (h). 

3 ‘‘(2) LOCAL BOARDS.—Consistent with the cri4 teria developed by the State, the local board may de5 velop, for certification referred to in paragraph 

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

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

8 to local labor market and demographic conditions 

9 and trends. 

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

11 ‘‘(1) PARTNER CONTRIBUTIONS.— 

12 ‘‘(A) PROVISION OF FUNDS.—Notwith13 standing any other provision of law, as deter14 mined under subparagraph (B), a portion of the 

15 Federal funds provided to the State and areas 

16 within the State under the Federal laws author17 izing the one-stop partner programs described 

18 in subsection (b)(1)(B) and participating addi19 tional partner programs described in subsection 

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

21 the Governor by such partners to carry out this 

22 subsection. 

23 ‘‘(B) DETERMINATION OF GOVERNOR.— 

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1 tion with the State board, shall determine 

2 the portion of funds to be provided under 

3 subparagraph (A) by each one-stop partner 

4 and in making such determination shall 

5 consider the proportionate use of the one6 stop centers in the State by each such 

7 partner, the costs of administration for 

8 purposes not related to one-stop centers 

9 for each such partner, and other relevant 

10 factors described in paragraph (3). 

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

12 where the State constitution places policy13 making authority that is independent of 

14 the authority of the Governor in an entity 

15 or official with respect to the funds pro16 vided for adult education and family lit17 eracy education activities authorized under 

18 title II and for postsecondary career and 

19 technical education activities authorized 

20 under the Carl D. Perkins Career and 

21 Technical Education Act of 2006 (20 

22 U.S.C. 2301 et seq.), the determination de23 scribed in clause (i) with respect to the 

24 corresponding 2 programs shall be made 

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1 ty or official with such independent policy2 making authority. 

3 ‘‘(iii) APPEAL BY ONE-STOP PART4 NERS.—The Governor shall establish a 

5 procedure for the one-stop partner admin6 istering a program described in subsection 

7 (b) and subparagraph (A) to appeal a de8 termination regarding the portion of funds 

9 to be provided under this paragraph on the 

10 basis that such determination is incon11 sistent with the requirements described in 

12 the State plan for the program or with the 

13 requirements of this paragraph. Such pro14 cedure shall ensure prompt resolution of 

15 the appeal. 

16 ‘‘(C) LIMITATIONS.— 

17 ‘‘(i) PROVISION FROM ADMINISTRA18 TIVE FUNDS.—The funds provided under 

19 this paragraph by a one-stop partner shall 

20 be provided only from funds available for 

21 the costs of administration under the pro22 gram administered by such partner, and 

23 shall be subject to the limitations with re24 spect to the portion of funds under such 


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1 program that may be used for administra2 tion. 

3 ‘‘(ii) FEDERAL DIRECT SPENDING

4 PROGRAMS.— 

5 ‘‘(I) IN GENERAL.—A program 

6 that provides Federal direct spending 

7 under section 250(c)(8) of the Bal8 anced Budget and Emergency Deficit 

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

10 900(c)(8)) shall not, for purposes of 

11 this paragraph, be required to provide 

12 more than the maximum amount de13 termined under subclause (II). 

14 ‘‘(II) MAXIMUM AMOUNT.—The 

15 maximum amount for the program is 

16 the amount that bears the same rela17 tionship to the costs referred to in 

18 paragraph (2) for the State as the use 

19 of the one-stop centers by such pro20 gram bears to the use of such centers 

21 by all one-stop partner programs in 

22 the State. 

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

24 funds provided under paragraph (1), the Governor 

25 shall allocate funds to local areas in accordance with 


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1 the formula established under paragraph (3) for the 

2 purposes of assisting in paying the costs of infra3 structure of one-stop centers certified under sub4 section (g). 

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

6 shall develop a formula to be used by the Governor 

7 to allocate the funds provided under paragraph (1) 

8 to local areas. The formula shall include such factors 

9 as the State board determines are appropriate, 

10 which may include factors such as the number of 

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

12 population served by such centers, and the perform13 ance of such centers. 

14 ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur15 poses of this subsection, the term ‘costs of infra16 structure’ means the nonpersonnel costs that are 

17 necessary for the general operation of a one-stop 

18 center, including the rental costs of the facilities in19 volved, and the costs of utilities and maintenance, 

20 and equipment (including assistive technology for in21 dividuals with disabilities). 

22 ‘‘(i) OTHER FUNDS.— 

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

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

25 made available under Federal law authorizing the 


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1 one-stop partner programs described in subsection 

2 (b)(1)(B) and participating additional partner pro3 grams described in subsection (b)(2)(B), or the 

4 noncash resources available under such 2 types of 

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

6 the operation of the one-stop delivery system that 

7 are not paid for from the funds provided under sub8 section (h), to the extent not inconsistent with the 

9 Federal law involved. Such portion shall be used to 

10 pay for costs including— 

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

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

13 provided under subsection (h); 

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

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

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

17 ready services applicable to each program. 

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

19 method for determining the appropriate portion of 

20 funds and noncash resources to be provided by each 

21 program under paragraph (1) shall be determined as 

22 part of the memorandum of understanding under 

23 subsection (c). The State board shall provide stand24 ards to facilitate the determination of appropriate 


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1 allocation of the funds and noncash resources to 

2 local areas.’’. 

3 SEC. 418. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

4 TRAINING SERVICES. 

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

6 follows: 

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

8 TRAINING SERVICES. 

9 ‘‘(a) ELIGIBILITY.— 

10 ‘‘(1) IN GENERAL.—The Governor, after con11 sultation with the State board, shall establish cri12 teria and procedures regarding the eligibility of pro13 viders of training services described in section 

14 134(c)(4) to receive funds provided under section 

15 133(b) for the provision of such training services 

16 and be included on the list of eligible providers of 

17 training services described in subsection (d). 

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

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

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

21 ‘‘(A) a postsecondary educational institu22 tion that— 

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

24 under title IV of the Higher Education Act 

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


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

2 a recognized postsecondary credential; 

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

4 under the Act of August 16, 1937 (commonly 

5 known as the ‘National Apprenticeship Act’; 50 

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

7 or 

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

9 a program of training services. 

10 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO11 VIDERS.—A provider described in subparagraph (A) 

12 or (C) of paragraph (2) shall comply with the cri13 teria and procedures established under this sub14 section to be eligible to receive the funds and be in15 cluded on the list. A provider described in paragraph 

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

17 included on the list with respect to programs de18 scribed in paragraph (2)(B) for so long as the pro19 vider remains certified by the Secretary of Labor to 

20 carry out the programs. 

21 ‘‘(b) CRITERIA.— 

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

23 the Governor pursuant to subsection (a) shall take 

24 into account— 


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1 ‘‘(A) the performance of providers of train2 ing services with respect to the performance 

3 measures described in section 136, measures for 

4 other matters for which information is required 

5 under paragraph (2), and other appropriate 

6 measures of performance outcomes for those 

7 participants receiving training services under 

8 this subtitle; 

9 ‘‘(B) whether the training programs of 

10 such providers relate to in-demand industries or 

11 occupations important to the local economy; 

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

13 services throughout the State, including in rural 

14 areas; 

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

16 programs that lead to a recognized postsec17 ondary credential, and the quality of such pro18 grams; 

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

20 reflected in the information such providers are 

21 required to report to State agencies with re22 spect to other Federal and State programs 

23 (other than the program carried out under this 

24 subtitle), including one-stop partner programs; 

25 and 


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

2 determines are appropriate. 

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

4 by the Governor shall require that a provider of 

5 training services submit appropriate, accurate, and 

6 timely information to the State for purposes of car7 rying out subsection (d), with respect to participants 

8 receiving training services under this subtitle in the 

9 applicable program, including— 

10 ‘‘(A) information on recognized postsec11 ondary credentials received by such partici12 pants; 

13 ‘‘(B) information on costs of attendance 

14 for such participants; 

15 ‘‘(C) information on the program comple16 tion rate for such participants; and 

17 ‘‘(D) information on the performance of 

18 the provider with respect to the performance 

19 measures described in section 136 for such par20 ticipants. 

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

22 the Governor shall also provide for a review on the 

23 criteria every 3 years and renewal of eligibility under 

24 this section for providers of training services. 


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

2 State may establish criteria in addition to the cri3 teria established by the Governor, or may require 

4 higher levels of performance than required on the 

5 criteria established by the Governor, for purposes of 

6 determining the eligibility of providers of training 

7 services under this section in the local area involved. 

8 ‘‘(5) LIMITATION.—In carrying out the require9 ments of this subsection, no entity may disclose per10 sonally identifiable information regarding a student, 

11 including a Social Security number, student identi12 fication number, or other identifier, without the 

13 prior written consent of the parent or student in 

14 compliance with section 444 of the General Edu15 cation Provisions Act (20 U.S.C. 1232g). 

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

17 under subsection (a) shall— 

18 ‘‘(1) identify— 

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

20 of training services to become eligible under 

21 this section; and 

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

23 local areas in receiving and reviewing applica24 tions and in making determinations of eligibility 


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1 based on the criteria established under this sec2 tion; and 

3 ‘‘(2) establish a process, for a provider of train4 ing services to appeal a denial or termination of eli5 gibility under this section, that includes an oppor6 tunity for a hearing and prescribes appropriate time 

7 limits to ensure prompt resolution of the appeal. 

8 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

9 CHOOSING PROVIDERS.—In order to facilitate and assist 

10 participants under chapter 5 in choosing providers of 

11 training services, the Governor shall ensure that an appro12 priate list of providers determined eligible under this sec13 tion in the State, including information provided under 

14 subsection (b)(2) with respect to such providers, is pro15 vided to the local boards in the State and is made available 

16 to such participants and to members of the public through 

17 the one-stop delivery system in the State. 

18 ‘‘(e) ENFORCEMENT.— 

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

20 under this section shall provide the following: 

21 ‘‘(A) INTENTIONALLY SUPPLYING INAC22 CURATE INFORMATION.—Upon a determination, 

23 by an individual or entity specified in the proce24 dures, that a provider of training services, or 

25 individual providing information on behalf of 


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1 the provider, intentionally supplied inaccurate 

2 information under this section, the eligibility of 

3 such provider under this section shall be termi4 nated for a period of time that is not less than 

5 2 years. 

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

7 determination, by an individual or entity speci8 fied in the procedures, that a provider of train9 ing services substantially violated any require10 ment under this title, the eligibility of such pro11 vider under this section shall be terminated for 

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

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

14 services whose eligibility is terminated under 

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

16 repayment of funds received under chapter 5 

17 during a period of noncompliance described in 

18 such subparagraph. For purposes of subpara19 graph (A), that period shall be considered to be 

20 the period beginning on the date on which the 

21 inaccurate information described in subpara22 graph (A) was supplied, and ending on the date 

23 of the termination described in subparagraph 

24 (A). 


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

2 construed to provide remedies and penalties that 

3 supplement, but do not supplant, other civil and 

4 criminal remedies and penalties. 

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

6 may enter into an agreement with another State, on a re7 ciprocal basis, to permit eligible providers of training serv8 ices to accept career enhancement accounts provided in 

9 the other State. 

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

11 (including requirements for related information) and pro12 cedures required under this section, the Governor shall so13 licit and take into consideration the recommendations of 

14 local boards and providers of training services within the 

15 State. 

16 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur17 ing the development of the criteria and procedures, and 

18 the list of eligible providers required under this section, 

19 the Governor shall provide an opportunity for interested 

20 members of the public to submit comments regarding such 

21 criteria, procedures, and list. 

22 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN23 ING EXCEPTION.— 


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

2 training or customized training shall not be subject 

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

4 ‘‘(2) COLLECTION AND DISSEMINATION OF IN5 FORMATION.—A one-stop operator in a local area 

6 shall collect such performance information from on7 the-job training and customized training providers 

8 as the Governor may require, determine whether the 

9 providers meet such performance criteria as the Gov10 ernor may require, and disseminate information 

11 identifying providers that meet the criteria as eligi12 ble providers, and the performance information, 

13 through the one-stop delivery system. Providers de14 termined to meet the criteria shall be considered to 

15 be identified as eligible under this section, to be pro16 viders of the training services involved.’’. 

17 SEC. 419. GENERAL AUTHORIZATION. 

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

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

20 inserting the following: ‘‘EMPLOYMENT AND 

21 TRAINING ACTIVITIES’’; and 

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

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

24 (2)(B) of’’; and 


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

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

3 SEC. 420. STATE ALLOTMENTS. 

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

5 (1) by amending subsection (a) to read as fol6 lows: 

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

‘‘(1) reserve 1 8 ⁄2 of 1 percent of the total amount 

9 appropriated under section 137 for a fiscal year, of 

10 which— 

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

12 technical assistance under section 170; and 

13 ‘‘(B) 50 percent shall be used for evalua14 tions under section 172; 

15 ‘‘(2) reserve 1 percent of the total amount ap16 propriated under section 137 for a fiscal year to 

17 make grants to, and enter into contracts or coopera18 tive agreements with Indian tribes, tribal organiza19 tions, Alaska Native entities, Indian-controlled orga20 nizations serving Indians, or Native Hawaiian orga21 nizations to carry out employment and training ac22 tivities; 

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

24 total amount appropriated under section 137 for a 


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1 fiscal year to carry out the Jobs Corps program 

2 under subtitle C; 

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

4 total amount appropriated under section 137 for a 

5 fiscal year to— 

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

7 boards to provide employment and training as8 sistance to workers affected by major economic 

9 dislocations, such as plant closures, mass lay10 offs, or closures and realignments of military 

11 installations; and 

12 ‘‘(B) provide assistance to Governors of 

13 States with an area that has suffered an emer14 gency or a major disaster (as such terms are 

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

16 of section 102 of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 

18 U.S.C. 5122)) to provide disaster relief employ19 ment in the area; and 

20 ‘‘(5) from the remaining amount appropriated 

21 under section 137 for a fiscal year (after reserving 

22 funds under paragraphs (1) through (4)), make al23 lotments in accordance with subsection (b) of this 

24 section.’’; and 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

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

5 ‘‘(A) IN GENERAL.—From the amount 

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

7 fiscal year, the Secretary shall reserve not more 

than 1 8 ⁄4 of 1 percent to provide assistance to 

9 the outlying areas. 

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

11 Palau shall cease to be eligible to receive fund12 ing under this paragraph upon entering into an 

13 agreement for extension of United States edu14 cational assistance under the Compact of Free 

15 Association (approved by the Compact of Free 

16 Association Amendments Act of 2003 (Public 

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

18 the SKILLS Act. 

19 ‘‘(2) STATES.— 

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

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

22 Secretary shall allot the remainder of the 

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

24 fiscal year to the States pursuant to subpara25 graph (B) for employment and training activiVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 ties and statewide workforce investment activi2 ties. 

3 ‘‘(B) FORMULA.—Subject to subpara4 graphs (C) and (D), of the remainder— 

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

6 basis of the relative number of unemployed 

7 individuals in areas of substantial unem8 ployment in each State, compared to the 

9 total number of unemployed individuals in 

10 areas of substantial unemployment in all 

11 States; 

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

13 the basis of the relative number of individ14 uals in the civilian labor force in each 

15 State, compared to the total number of 

16 such individuals in all States; 

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

18 the basis of the relative number of individ19 uals in each State who have been unem20 ployed for 15 weeks or more, compared to 

21 the total number of individuals in all 

22 States who have been unemployed for 15 

23 weeks or more; and 

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

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1 advantaged youth in each State, compared 

2 to the total number of disadvantaged youth 

3 in all States. 

4 ‘‘(C) MINIMUM AND MAXIMUM PERCENT5 AGES.— 

6 ‘‘(i) MINIMUM PERCENTAGE.—The 

7 Secretary shall ensure that no State shall 

8 receive an allotment under this paragraph 

9 for— 

10 ‘‘(I) each of fiscal years 2015 

11 through 2017, that is less than 100 

12 percent of the allotment percentage of 

13 the State for fiscal year 2013; and 

14 ‘‘(II) fiscal year 2018 and each 

15 succeeding fiscal year, that is less 

16 than 90 percent of the allotment per17 centage of the State for the fiscal year 

18 preceding the fiscal year involved. 

19 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub20 ject to clause (i), the Secretary shall en21 sure that no State shall receive an allot22 ment under this paragraph for— 

23 ‘‘(I) each of fiscal years 2015 

24 through 2017, that is more than 130 


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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 more 

5 than 130 percent of the allotment per6 centage of the State for the fiscal year 

7 preceding the fiscal year involved. 

8 ‘‘(D) SMALL STATE MINIMUM ALLOT9 MENT.—Subject to subparagraph (C), the Sec10 retary shall ensure that no State shall receive 

11 an allotment under this paragraph for a fiscal 

year that is less than 1 12 ⁄5 of 1 percent of the re13 mainder described in subparagraph (A) for the 

14 fiscal year. 

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

16 the formula specified in this paragraph: 

17 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

18 term ‘allotment percentage’— 

19 ‘‘(I) used with respect to fiscal 

20 year 2013, means the percentage of 

21 the amounts allotted to States under 

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

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

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1 tions Act (29 U.S.C. 2501 et seq.), 

2 sections 4103A and 4104 of title 38, 

3 United States Code, and sections 1 

4 through 14 of the Wagner-Peyser Act 

5 (29 U.S.C. 49 et seq.), as such provi6 sions were in effect for fiscal year 

7 2013, that is received under such pro8 visions by the State involved for fiscal 

9 year 2013; and 

10 ‘‘(II) used with respect to fiscal 

11 year 2017 or a succeeding fiscal year, 

12 means the percentage of the amounts 

13 allotted to States under this para14 graph for the fiscal year, that is re15 ceived under this paragraph by the 

16 State involved for the fiscal year. 

17 ‘‘(ii) AREA OF SUBSTANTIAL UNEM18 PLOYMENT.—The term ‘area of substantial 

19 unemployment’ means any area that is of 

20 sufficient size and scope to sustain a pro21 gram of workforce investment activities 

22 carried out under this subtitle and that 

23 has an average rate of unemployment of at 

24 least 7 percent for the most recent 12 

25 months, as determined by the Secretary. 


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1 For purposes of this clause, determinations 

2 of areas of substantial unemployment shall 

3 be made once each fiscal year. 

4 ‘‘(iii) DISADVANTAGED YOUTH.—The 

5 term ‘disadvantaged youth’ means an indi6 vidual who is not less than age 16 and not 

7 more than age 24 who receives an income, 

8 or is a member of a family that receives a 

9 total family income, that in relation to 

10 family size, does not exceed the higher 

11 of— 

12 ‘‘(I) the poverty line; or 

13 ‘‘(II) 70 percent of the lower liv14 ing standard income level. 

15 ‘‘(iv) INDIVIDUAL.—The term ‘indi16 vidual’ means an individual who is age 16 

17 or older.’’. 

18 SEC. 421. WITHIN STATE ALLOCATIONS. 

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

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

22 ‘‘(a) RESERVATIONS FOR STATEWIDE WORKFORCE

23 INVESTMENT ACTIVITIES.— 

24 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

25 ACTIVITIES.—The Governor of a State shall reserve 


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1 not more than 15 percent of the total amount allot2 ted to the State under section 132(b)(2) for a fiscal 

3 year to carry out the statewide activities described in 

4 section 134(a). 

5 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES

6 AND ADDITIONAL ASSISTANCE.—Of the amount re7 served under paragraph (1) for a fiscal year, the 

8 Governor of the State shall reserve not more than 

9 25 percent for statewide rapid response activities 

10 and additional assistance described in section 

11 134(a)(4). 

12 ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS

13 WITH BARRIERS TO EMPLOYMENT.—Of the amount 

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

15 Governor of the State shall reserve 15 percent to 

16 carry out statewide activities described in section 

17 134(a)(5). 

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

19 more than 5 percent of the funds reserved under 

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

21 State for administrative costs of carrying out the 

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

23 (2) by amending subsection (b) to read as fol24 lows: 

25 ‘‘(b) WITHIN STATE ALLOCATION.— 


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1 ‘‘(1) METHODS.—The Governor, acting in ac2 cordance with the State plan, and after consulting 

3 with chief elected officials in the local areas in the 

4 State, shall— 

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

6 the State under section 132(b)(2) and not re7 served under subsection (a), in accordance with 

8 paragraph (2)(A); and 

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

10 the State under subsection (a)(3) through com11 petitive grants to eligible entities, in accordance 

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

13 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK14 FORCE INVESTMENT FUND.— 

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

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

17 areas, a State shall allocate— 

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

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

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

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

22 ‘‘(iii) 25 percent on the basis de23 scribed in section 132(b)(2)(B)(iii); and 

24 ‘‘(iv) 25 percent on the basis de25 scribed in section 132(b)(2)(B)(iv), 


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1 except that a reference in a section specified in 

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

3 shall be considered to refer to each local area, 

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

5 to all local areas. 

6 ‘‘(B) MINIMUM AND MAXIMUM PERCENT7 AGES.— 

8 ‘‘(i) MINIMUM PERCENTAGE.—The 

9 State shall ensure that no local area shall 

10 receive an allocation under this paragraph 

11 for— 

12 ‘‘(I) each of fiscal years 2015 

13 through 2017, that is less than 100 

14 percent of the allocation percentage of 

15 the local area for fiscal year 2013; 

16 and 

17 ‘‘(II) fiscal year 2018 and each 

18 succeeding fiscal year, that is less 

19 than 90 percent of the allocation per20 centage of the local area for the fiscal 

21 year preceding the fiscal year in22 volved. 

23 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub24 ject to clause (i), the State shall ensure 

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1 tion for a fiscal year under this paragraph 

2 for— 

3 ‘‘(I) each of fiscal years 2015 

4 through 2017, that is more than 130 

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 more 

10 than 130 percentage of the allocation 

11 percentage of the local area for the 

12 fiscal year preceding the fiscal year 

13 involved. 

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

15 the formula specified in this paragraph, the 

16 term ‘allocation percentage’— 

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

18 2013, means the percentage of the 

19 amounts allocated to local areas under title 

20 I of this Act, title V of the Older Ameri21 cans Act of 1965 (42 U.S.C. 3056 et seq.), 

22 the Women in Apprenticeship and Non23 traditional Occupations Act (29 U.S.C. 

24 2501 et seq.), sections 4103A and 4104 of 

25 title 38, United States Code, and sections 


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1 1 through 14 of the Wagner-Peyser Act 

2 (29 U.S.C. 49 et seq.), as such provisions 

3 were in effect for fiscal year 2013, that is 

4 received under such provisions by the local 

5 area involved for fiscal year 2013; and 

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

7 2017 or a succeeding fiscal year, means 

8 the percentage of the amounts allocated to 

9 local areas under this paragraph for the 

10 fiscal year, that is received under this 

11 paragraph by the local area involved for 

12 the fiscal year.’’; 

13 (3) in subsection (c)— 

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

15 follows: 

16 ‘‘(1) IN GENERAL.—The Governor may, in ac17 cordance with this subsection, reallocate to eligible 

18 local areas within the State amounts that are allo19 cated under subsection (b) for employment and 

20 training activities and that are available for realloca21 tion.’’; 

22 (B) in paragraph (2), by striking ‘‘para23 graph (2)(A) or (3) of subsection (b) for such 

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

25 such activities’’; 


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

2 follows: 

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

4 to eligible local areas of amounts available pursuant 

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

6 shall allocate to each eligible local area within the 

7 State an amount based on the relative amount allo8 cated to such local area under subsection (b)(2) for 

9 such activities for such prior program year, as com10 pared to the total amount allocated to all eligible 

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

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

13 (D) in paragraph (4), by striking ‘‘para14 graph (2)(A) or (3) of’’; and 

15 (4) by adding at the end the following new sub16 section: 

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

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

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

20 be used by the local board involved for the administrative 

21 costs of carrying out local workforce investment activities 

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

23 SEC. 422. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

24 ACTIVITIES. 

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


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

3 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING AC4 TIVITIES.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) DISTRIBUTION OF STATEWIDE AC7 TIVITIES.—Funds reserved by a Governor for a 

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

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

10 133(a)— 

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

12 statewide employment and training activi13 ties described in paragraph (2); and 

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

15 the statewide employment and training ac16 tivities described in paragraph (3). 

17 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI18 TIES AND ADDITIONAL ASSISTANCE.—Funds re19 served by a Governor for a State as described 

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

21 statewide rapid response activities and addi22 tional assistance described in paragraph (4). 

23 ‘‘(C) STATEWIDE GRANTS FOR INDIVID24 UALS WITH BARRIERS TO EMPLOYMENT.— 

25 Funds reserved by a Governor for a State as 


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

2 award statewide grants for individuals with bar3 riers to employment on a competitive basis, and 

4 carry out other activities, as described in para5 graph (5). 

6 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

7 TRAINING ACTIVITIES.—A State shall use funds re8 ferred to in paragraph (1)(A) to carry out statewide 

9 employment and training activities, which shall in10 clude— 

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

12 providers of training services described in sec13 tion 122(d), information identifying eligible pro14 viders of on-the-job training and customized 

15 training described in section 122(i), and per16 formance information and program cost infor17 mation described in section 122(b)(2); 

18 ‘‘(B) supporting the provision of work 

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

20 the one-stop delivery system; 

21 ‘‘(C) implementing strategies and services 

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

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

24 education and skills, recognized postsecondary 


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1 credentials, and employment experience to suc2 ceed in the labor market; 

3 ‘‘(D) conducting evaluations under section 

4 136(e) of activities authorized under this chap5 ter in coordination with evaluations carried out 

6 by the Secretary under section 172; 

7 ‘‘(E) providing technical assistance to local 

8 areas that fail to meet local performance meas9 ures; 

10 ‘‘(F) operating a fiscal and management 

11 accountability system under section 136(f); and 

12 ‘‘(G) carrying out monitoring and over13 sight of activities carried out under this chap14 ter. 

15 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT

16 AND TRAINING ACTIVITIES.—A State may use funds 

17 referred to in paragraph (1)(A) to carry out state18 wide employment and training activities which may 

19 include— 

20 ‘‘(A) implementing innovative programs 

21 and strategies designed to meet the needs of all 

22 employers in the State, including small employ23 ers, which may include incumbent worker train24 ing programs, sectoral and industry cluster 

25 strategies and partnership initiatives, career 


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1 ladder programs, micro-enterprise and entrepre2 neurial training and support programs, utiliza3 tion of effective business intermediaries, activi4 ties to improve linkages between the one-stop 

5 delivery system in the State and all employers 

6 (including small employers) in the State, and 

7 other business services and strategies that bet8 ter engage employers in workforce investment 

9 activities and make the workforce investment 

10 system more relevant to the needs of State and 

11 local businesses, consistent with the objectives 

12 of this title; 

13 ‘‘(B) providing incentive grants to local 

14 areas— 

15 ‘‘(i) for regional cooperation among 

16 local boards (including local boards in a 

17 designated region as described in section 

18 116(c)); 

19 ‘‘(ii) for local coordination of activities 

20 carried out under this Act; and 

21 ‘‘(iii) for exemplary performance by 

22 local areas on the local performance meas23 ures; 


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1 ‘‘(C) developing strategies for effectively 

2 integrating programs and services among one3 stop partners; 

4 ‘‘(D) carrying out activities to facilitate re5 mote access to services provided through a one6 stop delivery system, including facilitating ac7 cess through the use of technology; 

8 ‘‘(E) incorporating pay-for-performance 

9 contract strategies as an element in funding ac10 tivities under this section and providing tech11 nical support to local areas and eligible pro12 viders in order to carry out such a strategy, 

13 which may involve providing assistance with 

14 data collection and data entry requirements; 

15 ‘‘(F) carrying out the State option under 

16 subsection (f)(8); and 

17 ‘‘(G) carrying out other activities author18 ized under this section that the State deter19 mines to be necessary to assist local areas in 

20 carrying out activities described in subsection 

21 (c) or (d) through the statewide workforce in22 vestment system. 

23 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES

24 AND ADDITIONAL ASSISTANCE.—A State shall use 

25 funds reserved as described in section 133(a)(2)— 


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1 ‘‘(A) to carry out statewide rapid response 

2 activities, which shall include provision of rapid 

3 response activities, carried out in local areas by 

4 the State or by an entity designated by the 

5 State, working in conjunction with the local 

6 boards and the chief elected officials in the local 

7 areas; and 

8 ‘‘(B) to provide additional assistance to 

9 local areas that experience disasters, mass lay10 offs, or plant closings, or other events that pre11 cipitate substantial increases in the number of 

12 unemployed individuals, carried out in local 

13 areas by the State or by an entity designated 

14 by the State, working in conjunction with the 

15 local boards and the chief elected officials in the 

16 local areas. 

17 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS

18 WITH BARRIERS TO EMPLOYMENT.— 

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

20 as described in section 133(a)(3), the Governor 

21 of a State— 

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

23 provide technical assistance for, and con24 duct evaluations as described in section 


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1 136(e) of, the programs carried out under 

2 this paragraph; and 

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

4 grants on a competitive basis to eligible en5 tities (that meet specific performance out6 comes and criteria established by the Gov7 ernor) described in subparagraph (B) to 

8 carry out employment and training pro9 grams authorized under this paragraph for 

10 individuals with barriers to employment. 

11 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

12 purposes of this paragraph, the term ‘eligible 

13 entity’ means an entity that— 

14 ‘‘(i) is a— 

15 ‘‘(I) local board or a consortium 

16 of local boards; 

17 ‘‘(II) nonprofit entity, for-profit 

18 entity, or a consortium of nonprofit or 

19 for-profit entities; or 

20 ‘‘(III) consortium of the entities 

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

22 ‘‘(ii) has a demonstrated record of 

23 placing individuals into unsubsidized em24 ployment and serving hard-to-serve individ25 uals; and 


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1 ‘‘(iii) agrees to be reimbursed pri2 marily on the basis of meeting specified 

3 performance outcomes and criteria estab4 lished by the Governor. 

5 ‘‘(C) GRANT PERIOD.— 

6 ‘‘(i) IN GENERAL.—A grant under 

7 this paragraph shall be awarded for a pe8 riod of 1 year. 

9 ‘‘(ii) GRANT RENEWAL.—A Governor 

10 of a State may renew, for up to 4 addi11 tional 1-year periods, a grant awarded 

12 under this paragraph. 

13 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eli14 gible to participate in activities under this para15 graph, an individual shall be a low-income indi16 vidual age 16 or older. 

17 ‘‘(E) USE OF FUNDS.—An eligible entity 

18 receiving a grant under this paragraph shall use 

19 the grant funds for programs of activities that 

20 are designed to assist eligible participants in 

21 obtaining employment and acquiring the edu22 cation and skills necessary to succeed in the 

23 labor market. To be eligible to receive a grant 

24 under this paragraph for an employment and 

25 training program, an eligible entity shall submit 


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1 an application to a State at such time, in such 

2 manner, and containing such information as the 

3 State may require, including— 

4 ‘‘(i) a description of how the strate5 gies and activities of the program will be 

6 aligned with the State plan submitted 

7 under section 112 and the local plan sub8 mitted under section 118, with respect to 

9 the area of the State that will be the focus 

10 of the program under this paragraph; 

11 ‘‘(ii) a description of the educational 

12 and skills training programs and activities 

13 the eligible entity will provide to eligible 

14 participants under this paragraph; 

15 ‘‘(iii) how the eligible entity will col16 laborate with State and local workforce in17 vestment systems established under this 

18 title in the provision of such programs and 

19 activities; 

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

21 demonstrated effectiveness on which the 

22 provision of such educational and skills 

23 training programs and activities are based, 

24 and a description of how such programs 


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1 and activities will improve education and 

2 skills training for eligible participants; 

3 ‘‘(v) a description of the populations 

4 to be served and the skill needs of those 

5 populations, and the manner in which eligi6 ble participants will be recruited and se7 lected as participants; 

8 ‘‘(vi) a description of the private, pub9 lic, local, and State resources that will be 

10 leveraged, with the grant funds provided, 

11 for the program under this paragraph, and 

12 how the entity will ensure the sustain13 ability of such program after grant funds 

14 are no longer available; 

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

16 the involvement of employers in such pro17 gram; 

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

19 performance the eligible entity expects to 

20 achieve with respect to the indicators of 

21 performance for all individuals specified in 

22 section 136(b)(2); 

23 ‘‘(ix) a detailed budget and a descrip24 tion of the system of fiscal controls, and 

25 auditing and accountability procedures, 


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1 that will be used to ensure fiscal soundness 

2 for the program provided under this para3 graph; and 

4 ‘‘(x) any other criteria the Governor 

5 may require.’’; 

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

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

10 133(b)— 

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

12 training activities described in subsection (c); and 

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

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

15 (3) by striking subsection (c); 

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

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

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

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

20 follows: 

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

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

23 ‘‘(A) to establish a one-stop delivery sys24 tem as described in section 121(e); 


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

3 delivery system in accordance with such para4 graph; and 

5 ‘‘(C) to provide training services described 

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

8 (B) in paragraph (2)— 

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

10 SERVICES’’ and inserting ‘‘WORK READY

11 SERVICES’’; 

12 (ii) in the matter preceding subpara13 graph (A)— 

14 (I) by striking ‘‘(1)(A)’’ and in15 serting ‘‘(1)’’; 

16 (II) by striking ‘‘core services’’ 

17 and inserting ‘‘work ready services’’; 

18 and 

19 (III) by striking ‘‘who are adults 

20 or dislocated workers’’; 

21 (iii) by redesignating subparagraph 

22 (K) as subparagraph (V); 

23 (iv) by redesignating subparagraphs 

24 (B) through (J) as subparagraphs (C) 

25 through (K), respectively; 


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1 (v) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) assistance in obtaining eligibility de4 terminations under the other one-stop partner 

5 programs through activities, where appropriate 

6 and consistent with the authorizing statute of 

7 the one-stop partner program involved, such as 

8 assisting in— 

9 ‘‘(i) the submission of applications; 

10 ‘‘(ii) the provision of information on 

11 the results of such applications; and 

12 ‘‘(iii) the provision of intake services 

13 and information;’’; 

14 (vi) by amending subparagraph (E), 

15 as so redesignated, to read as follows: 

16 ‘‘(E) labor exchange services, including— 

17 ‘‘(i) job search and placement assist18 ance, and where appropriate, career coun19 seling; 

20 ‘‘(ii) appropriate recruitment services 

21 for employers, including small employers, 

22 in the local area, which may include serv23 ices described in this subsection, including 

24 provision of information and referral to 

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1 ally offered through the one-stop delivery 

2 system; and 

3 ‘‘(iii) reemployment services provided 

4 to unemployment claimants, including 

5 claimants identified as in need of such 

6 services under the worker profiling system 

7 established under section 303(j) of the So8 cial Security Act (42 U.S.C. 503(j));’’; 

9 (vii) in subparagraph (F), as so redes10 ignated, by striking ‘‘employment statis11 tics’’ and inserting ‘‘workforce and labor 

12 market’’; 

13 (viii) in subparagraph (G), as so re14 designated, by striking ‘‘and eligible pro15 viders of youth activities described in sec16 tion 123,’’; 

17 (ix) in subparagraph (H), as so redes18 ignated, by inserting ‘‘under section 136’’ 

19 after ‘‘local performance measures’’; 

20 (x) in subparagraph (J), as so redes21 ignated, by inserting ‘‘and information re22 garding the administration of the work test 

23 for the unemployment compensation sys24 tem’’ after ‘‘compensation’’; 


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1 (xi) by amending subparagraph (K), 

2 as so redesignated, to read as follows: 

3 ‘‘(K) assistance in establishing eligibility 

4 for programs of financial aid assistance for edu5 cation and training programs that are not fund6 ed under this Act and are available in the local 

7 area;’’; and 

8 (xii) by inserting the following new 

9 subparagraphs after subparagraph (K), as 

10 so redesignated: 

11 ‘‘(L) the provision of information from of12 ficial publications of the Internal Revenue Serv13 ice regarding Federal tax credits, available to 

14 participants in employment and training activi15 ties, and relating to education, job training, and 

16 employment; 

17 ‘‘(M) comprehensive and specialized assess18 ments of the skill levels and service needs of 

19 workers, which may include— 

20 ‘‘(i) diagnostic testing and use of 

21 other assessment tools; and 

22 ‘‘(ii) in-depth interviewing and evalua23 tion to identify employment barriers and 

24 appropriate employment goals; 


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1 ‘‘(N) development of an individual employ2 ment plan, to identify the employment goals, 

3 appropriate achievement objectives, and appro4 priate combination of services for the partici5 pant; 

6 ‘‘(O) group counseling; 

7 ‘‘(P) individual counseling and career plan8 ning; 

9 ‘‘(Q) case management; 

10 ‘‘(R) short-term pre-career services, includ11 ing development of learning skills, communica12 tions skills, interviewing skills, punctuality, per13 sonal maintenance skills, and professional con14 duct, to prepare individuals for unsubsidized 

15 employment or training; 

16 ‘‘(S) internships and work experience; 

17 ‘‘(T) literacy activities relating to basic 

18 work readiness, information and communication 

19 technology literacy activities, and financial lit20 eracy activities, if the activities involved are not 

21 available to participants in the local area under 

22 programs administered under the Adult Edu23 cation and Family Literacy Act (20 U.S.C. 

24 2901 et seq.); 


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1 ‘‘(U) out-of-area job search assistance and 

2 relocation assistance; and’’; 

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

4 follows: 

5 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

6 services described in paragraph (2) shall be provided 

7 through the one-stop delivery system and may be 

8 provided through contracts with public, private for9 profit, and private nonprofit service providers, ap10 proved by the local board.’’; and 

11 (D) in paragraph (4)— 

12 (i) by amending subparagraph (A) to 

13 read as follows: 

14 ‘‘(A) IN GENERAL.—Funds described in 

15 paragraph (1)(C) shall be used to provide train16 ing services to individuals who— 

17 ‘‘(i) after an interview, evaluation, or 

18 assessment, and case management, have 

19 been determined by a one-stop operator or 

20 one-stop partner, as appropriate, to— 

21 ‘‘(I) be in need of training serv22 ices to obtain or retain employment; 

23 and 

24 ‘‘(II) have the skills and quali25 fications to successfully participate in 


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1 the selected program of training serv2 ices; 

3 ‘‘(ii) select programs of training serv4 ices that are directly linked to the employ5 ment opportunities in the local area in6 volved or in another area in which the indi7 vidual receiving such services are willing to 

8 commute or relocate; and 

9 ‘‘(iii) who meet the requirements of 

10 subparagraph (B).’’; 

11 (ii) in subparagraph (B)(i), by strik12 ing ‘‘Except’’ and inserting ‘‘Notwith13 standing section 479B of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1087uu) 

15 and except’’; 

16 (iii) by amending subparagraph (D) to 

17 read as follows: 

18 ‘‘(D) TRAINING SERVICES.—Training serv19 ices authorized under this paragraph may in20 clude— 

21 ‘‘(i) occupational skills training; 

22 ‘‘(ii) on-the-job training; 

23 ‘‘(iii) skill upgrading and retraining; 

24 ‘‘(iv) entrepreneurial training; 


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1 ‘‘(v) education activities leading to a 

2 regular secondary school diploma or its 

3 recognized equivalent in combination with, 

4 concurrently or subsequently, occupational 

5 skills training; 

6 ‘‘(vi) adult education and family lit7 eracy education activities provided in con8 junction with other training services au9 thorized under this subparagraph; 

10 ‘‘(vii) workplace training combined 

11 with related instruction; 

12 ‘‘(viii) occupational skills training that 

13 incorporates English language acquisition; 

14 ‘‘(ix) customized training conducted 

15 with a commitment by an employer or 

16 group of employers to employ an individual 

17 upon successful completion of the training; 

18 and 

19 ‘‘(x) training programs operated by 

20 the private sector.’’; 

21 (iv) by striking subparagraph (E) and 

22 redesignating subparagraphs (F) and (G) 

23 as subparagraphs (E) and (F), respec24 tively; 


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1 (v) in subparagraph (E) (as so redes2 ignated)— 

3 (I) in clause (ii)— 

4 (aa) in the matter preceding 

5 subclause (I), by striking ‘‘sub6 section (c)’’ and inserting ‘‘sec7 tion 121’’; 

8 (bb) in subclause (I), by 

9 striking ‘‘section 122(e)’’ and in10 serting ‘‘section 122(d)’’ and by 

11 striking ‘‘section 122(h)’’ and in12 serting ‘‘section 122(i)’’; and 

13 (cc) in subclause (II), by 

14 striking ‘‘subsections (e) and 

15 (h)’’ and inserting ‘‘subsections 

16 (d) and (i)’’; and 

17 (II) by striking clause (iii) and 

18 inserting the following: 

19 ‘‘(iii) CAREER ENHANCEMENT AC20 COUNTS.—An individual who seeks train21 ing services and who is eligible pursuant to 

22 subparagraph (A), may, in consultation 

23 with a case manager, select an eligible pro24 vider of training services from the list or 

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1 scribed in clause (ii)(I). Upon such selec2 tion, the one-stop operator involved shall, 

3 to the extent practicable, refer such indi4 vidual to the eligible provider of training 

5 services, and arrange for payment for such 

6 services through a career enhancement ac7 count. 

8 ‘‘(iv) COORDINATION.—Each local 

9 board may, through one-stop centers, co10 ordinate career enhancement accounts with 

11 other Federal, State, local, or private job 

12 training programs or sources to assist the 

13 individual in obtaining training services 

14 from (notwithstanding any provision of 

15 this title) eligible providers for those pro16 grams and sources. 

17 ‘‘(v) ASSISTANCE.—Each local board 

18 may, through one-stop centers, assist indi19 viduals receiving career enhancement ac20 counts in obtaining funds (in addition to 

21 the funds provided under this section) 

22 from other programs and sources that will 

23 assist the individual in obtaining training 

24 services.’’; and 


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1 (vi) in subparagraph (F) (as so redes2 ignated)— 

3 (I) in the subparagraph heading, 

4 by striking ‘‘INDIVIDUAL TRAINING

5 ACCOUNTS’’ and inserting ‘‘CAREER

6 ENHANCEMENT ACCOUNTS’’; 

7 (II) in clause (i), by striking ‘‘in8 dividual training accounts’’ and in9 serting ‘‘career enhancement ac10 counts’’; 

11 (III) in clause (ii)— 

12 (aa) by striking ‘‘an indi13 vidual training account’’ and in14 serting ‘‘a career enhancement 

15 account’’; 

16 (bb) by striking ‘‘subpara17 graph (F)’’ and inserting ‘‘sub18 paragraph (E)’’; 

19 (cc) in subclause (II), by 

20 striking ‘‘individual training ac21 counts’’ and inserting ‘‘career en22 hancement accounts’’; 

23 (dd) in subclause (II), by 

24 striking ‘‘or’’ after the semicolon; 


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1 (ee) in subclause (III), by 

2 striking the period and inserting 

3 ‘‘; or’’; and 

4 (ff) by adding at the end the 

5 following: 

6 ‘‘(IV) the local board determines 

7 that it would be most appropriate to 

8 award a contract to a postsecondary 

9 educational institution that has been 

10 identified as a priority eligible pro11 vider under section 117(d)(5)(B) in 

12 order to facilitate the training of mul13 tiple individuals in in-demand indus14 tries or occupations important to the 

15 State or local economy, that such con16 tract may be used to enable the ex17 pansion of programs provided by a 

18 priority eligible provider, and that 

19 such contract does not limit customer 

20 choice.’’; 

21 (IV) in clause (iii), by striking 

22 ‘‘adult or dislocated worker’’ and in23 serting ‘‘individual’’; and 

24 (V) in clause (iv)— 


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1 (aa) by redesignating sub2 clause (IV) as subclause (V); and 

3 (bb) by inserting after sub4 clause (III) the following: 

5 ‘‘(IV) Individuals with disabil6 ities.’’; 

7 (6) in subsection (d) (as so redesignated)— 

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

9 follows: 

10 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC11 TIVITIES.— 

12 ‘‘(A) IN GENERAL.—Funds allocated to a 

13 local area under section 133(b)(2) may be used 

14 to provide, through the one-stop delivery sys15 tem— 

16 ‘‘(i) customized screening and referral 

17 of qualified participants in training serv18 ices to employers; 

19 ‘‘(ii) customized employment-related 

20 services to employers on a fee-for-service 

21 basis; 

22 ‘‘(iii) customer supports, including 

23 transportation and child care, to navigate 

24 among multiple services and activities for 

25 special participant populations that face 


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1 multiple barriers to employment, including 

2 individuals with disabilities; 

3 ‘‘(iv) employment and training assist4 ance provided in coordination with child 

5 support enforcement activities of the State 

6 agency carrying out subtitle D of title IV 

7 of the Social Security Act (42 U.S.C. 651 

8 et seq.); 

9 ‘‘(v) incorporation of pay-for-perform10 ance contract strategies as an element in 

11 funding activities under this section; 

12 ‘‘(vi) activities to facilitate remote ac13 cess to services provided through a one14 stop delivery system, including facilitating 

15 access through the use of technology; and 

16 ‘‘(vii) activities to carry out business 

17 services and strategies that meet the work18 force investment needs of local area em19 ployers, as determined by the local board, 

20 consistent with the local plan under section 

21 118.’’; 

22 (B) by striking paragraphs (2) and (3); 

23 and 

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


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1 ‘‘(2) INCUMBENT WORKER TRAINING PRO2 GRAMS.— 

3 ‘‘(A) IN GENERAL.—The local board may 

4 use funds allocated to a local area under section 

5 133(b)(2) to carry out incumbent worker train6 ing programs in accordance with this para7 graph. 

8 ‘‘(B) TRAINING ACTIVITIES.—The training 

9 programs for incumbent workers under this 

10 paragraph shall be carried out by the local area 

11 in conjunction with the employers of such work12 ers for the purpose of assisting such workers in 

13 obtaining the skills necessary to retain employ14 ment and avert layoffs. 

15 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

16 ‘‘(i) IN GENERAL.—Employers partici17 pating in programs under this paragraph 

18 shall be required to pay a proportion of the 

19 costs of providing the training to the in20 cumbent workers of the employers. The 

21 local board shall establish the required 

22 payment toward such costs, which may in23 clude in-kind contributions. 

24 ‘‘(ii) CALCULATION OF MATCH.—The 

25 wages paid by an employer to a worker 


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1 while they are attending training may be 

2 included as part of the required payment 

3 of the employer.’’; and 

4 (7) by adding at the end the following: 

5 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

6 JOBS.—In providing employment and training activities 

7 authorized under this section, the State board and local 

8 board shall give priority to placing participants in jobs in 

9 the private sector. 

10 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (8), a 

12 local board shall hire and employ one or more vet13 eran employment specialists to carry out employ14 ment, training, supportive, and placement services 

15 under this subsection in the local area served by the 

16 local board. 

17 ‘‘(2) PRINCIPAL DUTIES.—A veteran employ18 ment specialist in a local area shall— 

19 ‘‘(A) conduct outreach to employers in the 

20 local area to assist veterans, including disabled 

21 veterans, in gaining employment, including— 

22 ‘‘(i) conducting seminars for employ23 ers; and 


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1 ‘‘(ii) in conjunction with employers, 

2 conducting job search workshops, and es3 tablishing job search groups; and 

4 ‘‘(B) facilitate the furnishing of employ5 ment, training, supportive, and placement serv6 ices to veterans, including disabled and home7 less veterans, in the local area. 

8 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

9 INDIVIDUALS WITH EXPERTISE IN SERVING VET10 ERANS.—Subject to paragraph (8), a local board 

11 shall, to the maximum extent practicable, employ 

12 veterans or individuals with expertise in serving vet13 erans to carry out the services described in para14 graph (2) in the local area served by the local board. 

15 In hiring an individual to serve as a veteran employ16 ment specialist, a local board shall give preference to 

17 veterans and other individuals in the following order: 

18 ‘‘(A) To service-connected disabled vet19 erans. 

20 ‘‘(B) If no veteran described in subpara21 graph (A) is available, to veterans. 

22 ‘‘(C) If no veteran described in subpara23 graph (A) or (B) is available, to any member of 

24 the Armed Forces transitioning out of military 

25 service. 


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1 ‘‘(D) If no veteran or member described in 

2 subparagraph (A), (B), or (C) is available, to 

3 any spouse of a veteran or a spouse of a mem4 ber of the Armed Forces transitioning out of 

5 military service. 

6 ‘‘(E) If no veteran or member described in 

7 subparagraph (A), (B), or (C) is available and 

8 no spouse described in paragraph (D) is avail9 able, to any other individuals with expertise in 

10 serving veterans. 

11 ‘‘(4) ADMINISTRATION AND REPORTING.— 

12 ‘‘(A) IN GENERAL.—Each veteran employ13 ment specialist shall be administratively respon14 sible to the one-stop operator of the one-stop 

15 center in the local area and shall provide, at a 

16 minimum, quarterly reports to the one-stop op17 erator of such center and to the Assistant Sec18 retary for Veterans’ Employment and Training 

19 for the State on the specialist’s performance, 

20 and compliance by the specialist with Federal 

21 law (including regulations), with respect to 

22 the— 

23 ‘‘(i) principal duties (including facili24 tating the furnishing of services) for vet25 erans described in paragraph (2); and 


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1 ‘‘(ii) hiring preferences described in 

2 paragraph (3) for veterans and other indi3 viduals. 

4 ‘‘(B) REPORT TO SECRETARY.—Each 

5 State shall submit to the Secretary an annual 

6 report on the qualifications used by each local 

7 board in the State in making hiring determina8 tions for a veteran employment specialist and 

9 the salary structure under which such specialist 

10 is compensated. 

11 ‘‘(C) REPORT TO CONGRESS.—The Sec12 retary shall submit to the Committee on Edu13 cation and the Workforce and the Committee 

14 on Veterans’ Affairs of the House of Represent15 atives and the Committee on Health, Edu16 cation, Labor, and Pensions and the Committee 

17 on Veterans’ Affairs of the Senate an annual 

18 report summarizing the reports submitted 

19 under subparagraph (B), and including sum20 maries of outcomes achieved by participating 

21 veterans, disaggregated by local areas. 

22 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet23 eran employment specialist shall perform the func24 tions of a veteran employment specialist under this 

25 subsection on a halftime basis. 


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1 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

2 employment specialist described in paragraph (2) 

3 shall satisfactorily complete training provided by the 

4 National Veterans’ Employment and Training Insti5 tute during the 3-year period that begins on the date 

6 on which the employee is so assigned. 

7 ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet8 eran employment specialist shall perform only duties 

9 related to employment, training, supportive, and 

10 placement services under this subsection, and shall 

11 not perform other non-veteran-related duties if such 

12 duties detract from the specialist’s ability to perform 

13 the specialist’s duties related to employment, train14 ing, supportive, and placement services under this 

15 subsection. 

16 ‘‘(8) STATE OPTION.—At the request of a local 

17 board, a State may opt to assume the duties as18 signed to the local board under paragraphs (1) and 

19 (3), including the hiring and employment of one or 

20 more veteran employment specialists for placement 

21 in the local area served by the local board.’’. 

22 SEC. 423. PERFORMANCE ACCOUNTABILITY SYSTEM. 

23 Section 136 (29 U.S.C. 2871) is amended— 

24 (1) in subsection (b)— 


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1 (A) by amending paragraphs (1) and (2) 

2 to read as follows: 

3 ‘‘(1) IN GENERAL.—For each State, the State 

4 performance measures shall consist of— 

5 ‘‘(A)(i) the core indicators of performance 

6 described in paragraph (2)(A); and 

7 ‘‘(ii) additional indicators of performance 

8 (if any) identified by the State under paragraph 

9 (2)(B); and 

10 ‘‘(B) a State adjusted level of performance 

11 for each indicator described in subparagraph 

12 (A). 

13 ‘‘(2) INDICATORS OF PERFORMANCE.— 

14 ‘‘(A) CORE INDICATORS OF PERFORM15 ANCE.— 

16 ‘‘(i) IN GENERAL.—The core indica17 tors of performance for the program of em18 ployment and training activities authorized 

19 under sections 132(a)(2) and 134, the pro20 gram of adult education and family literacy 

21 education activities authorized under title 

22 II, and the program authorized under title 

23 I of the Rehabilitation Act of 1973 (29 

24 U.S.C. 720 et seq.), other than section 112 

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


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1 741), shall consist of the following indica2 tors of performance (with performance de3 termined in the aggregate and as 

4 disaggregated by the populations identified 

5 in the State and local plan in each case): 

6 ‘‘(I) The percentage and number 

7 of program participants who are in 

8 unsubsidized employment during the 

9 second full calendar quarter after exit 

10 from the program. 

11 ‘‘(II) The percentage and number 

12 of program participants who are in 

13 unsubsidized employment during the 

14 fourth full calendar quarter after exit 

15 from the program. 

16 ‘‘(III) The difference in the me17 dian earnings of program participants 

18 who are in unsubsidized employment 

19 during the second full calendar quar20 ter after exit from the program, com21 pared to the median earnings of such 

22 participants prior to participation in 

23 such program. 

24 ‘‘(IV) The percentage and num25 ber of program participants who obVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 tain a recognized postsecondary cre2 dential (such as an industry-recog3 nized credential or a certificate from a 

4 registered apprenticeship program), or 

5 a regular secondary school diploma or 

6 its recognized equivalent (subject to 

7 clause (ii)), during participation in or 

8 within 1 year after exit from the pro9 gram. 

10 ‘‘(V) The percentage and number 

11 of program participants who, during a 

12 program year— 

13 ‘‘(aa) are in an education or 

14 training program that leads to a 

15 recognized postsecondary creden16 tial (such as an industry-recog17 nized credential or a certificate 

18 from a registered apprenticeship 

19 program), a certificate from an 

20 on-the-job training program, a 

21 regular secondary school diploma 

22 or its recognized equivalent, or 

23 unsubsidized employment; and 

24 ‘‘(bb) are achieving measur25 able basic skill gains toward such 


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1 a credential, certificate, diploma, 

2 or employment. 

3 ‘‘(VI) The percentage and num4 ber of program participants who ob5 tain unsubsidized employment in the 

6 field relating to the training services 

7 described in section 134(c)(4) that 

8 such participants received. 

9 ‘‘(ii) INDICATOR RELATING TO CRE10 DENTIAL.—For purposes of clause (i)(IV), 

11 program participants who obtain a regular 

12 secondary school diploma or its recognized 

13 equivalent shall be included in the percent14 age counted as meeting the criterion under 

15 such clause only if such participants (in 

16 addition to obtaining such diploma or its 

17 recognized equivalent), within 1 year after 

18 exit from the program, have obtained or 

19 retained employment, have been removed 

20 from public assistance, or have begun an 

21 education or training program leading to a 

22 recognized postsecondary credential. 

23 ‘‘(B) ADDITIONAL INDICATORS.—A State 

24 may identify in the State plan additional indicaVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 tors for workforce investment activities author2 ized under this subtitle.’’; and 

3 (B) in paragraph (3)— 

4 (i) in subparagraph (A)— 

5 (I) in the heading, by striking 

6 ‘‘AND CUSTOMER SATISFACTION INDI7 CATOR’’; 

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

9 ‘‘and the customer satisfaction indi10 cator described in paragraph (2)(B)’’; 

11 (III) in clause (ii), by striking 

12 ‘‘and the customer satisfaction indi13 cator of performance, for the first 3’’ 

14 and inserting ‘‘, for all 3’’; 

15 (IV) in clause (iii)— 

16 (aa) in the heading, by 

17 striking ‘‘FOR FIRST 3 YEARS’’; 

18 and 

19 (bb) by striking ‘‘and the 

20 customer satisfaction indicator of 

21 performance, for the first 3 pro22 gram years’’ and inserting ‘‘for 

23 all 3 program years’’; 

24 (V) in clause (iv)— 

25 (aa) by striking ‘‘or (v)’’; 


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1 (bb) by striking subclause 

2 (I) and redesignating subclauses 

3 (II) and (III) as subclauses (I) 

4 and (II), respectively; and 

5 (cc) in subclause (I) (as so 

6 redesignated)— 

7 (AA) by inserting ‘‘, 

8 such as unemployment rates 

9 and job losses or gains in 

10 particular industries’’ after 

11 ‘‘economic conditions’’; and 

12 (BB) by inserting ‘‘, 

13 such as indicators of poor 

14 work experience, dislocation 

15 from high-wage employment, 

16 low levels of literacy or 

17 English proficiency, dis18 ability status (including dis19 ability status among vet20 erans), and welfare depend21 ency,’’ after ‘‘program’’; 

22 (VI) by striking clause (v) and 

23 redesignating clause (vi) as clause (v); 

24 and 


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1 (VII) in clause (v) (as so redesig2 nated)— 

3 (aa) by striking ‘‘described 

4 in clause (iv)(II)’’ and inserting 

5 ‘‘described in clause (iv)(I)’’; and 

6 (bb) by striking ‘‘or (v)’’; 

7 and 

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

9 ‘‘paragraph (2)(C)’’ and inserting ‘‘para10 graph (2)(B)’’; 

11 (2) in subsection (c)— 

12 (A) by amending clause (i) of paragraph 

13 (1)(A) to read as follows: 

14 ‘‘(i) the core indicators of performance de15 scribed in subsection (b)(2)(A) for activities de16 scribed in such subsection, other than statewide 

17 workforce investment activities; and’’; 

18 (B) in clause (ii) of paragraph (1)(A), by 

19 striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; 

20 and 

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

22 follows: 

23 ‘‘(3) DETERMINATIONS.—In determining such 

24 local levels of performance, the local board, the chief 

25 elected official, and the Governor shall ensure such 


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1 levels are adjusted based on the specific economic 

2 conditions (such as unemployment rates and job 

3 losses or gains in particular industries), or demo4 graphic characteristics or other characteristics of the 

5 population to be served, in the local area.’’; 

6 (3) in subsection (d)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘127 or’’; 

9 (ii) by striking ‘‘and the customer sat10 isfaction indicator’’ each place it appears; 

11 and 

12 (iii) in the last sentence, by inserting 

13 before the period the following: ‘‘, and on 

14 the amount and percentage of the State’s 

15 annual allotment under section 132 the 

16 State spends on administrative costs and 

17 on the amount and percentage of its an18 nual allocation under section 133 each 

19 local area in the State spends on adminis20 trative costs’’; 

21 (B) in paragraph (2)— 

22 (i) by striking subparagraphs (A), 

23 (B), and (D); 

24 (ii) by redesignating subparagraph 

25 (C) as subparagraph (A); 


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1 (iii) by redesignating subparagraph 

2 (E) as subparagraph (B); 

3 (iv) in subparagraph (B), as so redes4 ignated— 

5 (I) by striking ‘‘(excluding par6 ticipants who received only self-service 

7 and informational activities)’’; and 

8 (II) by striking ‘‘and’’ at the end; 

9 (v) by striking subparagraph (F); and 

10 (vi) by adding at the end the fol11 lowing: 

12 ‘‘(C) with respect to each local area in the 

13 State— 

14 ‘‘(i) the number of individuals who re15 ceived work ready services described in sec16 tion 134(c)(2) and the number of individ17 uals who received training services de18 scribed in section 134(c)(4), during the 

19 most recent program year and fiscal year, 

20 and the preceding 5 program years, 

21 disaggregated (for individuals who received 

22 work ready services) by the type of entity 

23 that provided the work ready services and 

24 disaggregated (for individuals who received 

25 training services) by the type of entity that 


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1 provided the training services, and the 

2 amount of funds spent on each of the 2 

3 types of services during the most recent 

4 program year and fiscal year, and the pre5 ceding 5 fiscal years; 

6 ‘‘(ii) the number of individuals who 

7 successfully exited out of work ready serv8 ices described in section 134(c)(2) and the 

9 number of individuals who exited out of 

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 ‘‘(iii) the average cost per participant 

21 of those individuals who received work 

22 ready services described in section 

23 134(c)(2) and the average cost per partici24 pant of those individuals who received 

25 training services described in section 


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1 134(c)(4), during the most recent program 

2 year and fiscal year, and the preceding 5 

3 program years, disaggregated (for individ4 uals who received work ready services) by 

5 the type of entity that provided the work 

6 ready services and disaggregated (for indi7 viduals who received training services) by 

8 the type of entity that provided the train9 ing services; and 

10 ‘‘(D) the amount of funds spent on train11 ing services and discretionary activities de12 scribed in section 134(d), disaggregated by the 

13 populations identified under section 

14 112(b)(16)(A)(iv) and section 118(b)(10).’’; 

15 (C) in paragraph (3)(A), by striking 

16 ‘‘through publication’’ and inserting ‘‘through 

17 electronic means’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(4) DATA VALIDATION.—In preparing the re20 ports described in this subsection, each State shall 

21 establish procedures, consistent with guidelines 

22 issued by the Secretary, to ensure the information 

23 contained in the reports is valid and reliable. 

24 ‘‘(5) STATE AND LOCAL POLICIES.— 


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1 ‘‘(A) STATE POLICIES.—Each State that 

2 receives an allotment under section 132 shall 

3 maintain a central repository of policies related 

4 to access, eligibility, availability of services, and 

5 other matters, and plans approved by the State 

6 board and make such repository available to the 

7 public, including by electronic means. 

8 ‘‘(B) LOCAL POLICIES.—Each local area 

9 that receives an allotment under section 133 

10 shall maintain a central repository of policies 

11 related to access, eligibility, availability of serv12 ices, and other matters, and plans approved by 

13 the local board and make such repository avail14 able to the public, including by electronic 

15 means.’’; 

16 (4) in subsection (g)— 

17 (A) in paragraph (1)— 

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

19 ‘‘or (B)’’; and 

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

21 ‘‘may reduce by not more than 5 percent,’’ 

22 and inserting ‘‘shall reduce’’; and 

23 (B) by striking paragraph (2) and insert24 ing the following: 


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1 ‘‘(2) FUNDS RESULTING FROM REDUCED AL2 LOTMENTS.—The Secretary shall return to the 

3 Treasury the amount retained, as a result of a re4 duction in an allotment to a State made under para5 graph (1)(B).’’; 

6 (5) in subsection (h)— 

7 (A) in paragraph (1), by striking ‘‘or (B)’’; 

8 and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by amending 

11 the matter preceding clause (i) to read as 

12 follows: 

13 ‘‘(A) IN GENERAL.—If such failure con14 tinues for a second consecutive year, the Gov15 ernor shall take corrective actions, including the 

16 development of a reorganization plan. Such 

17 plan shall—’’; 

18 (ii) by redesignating subparagraphs 

19 (B) and (C) as subparagraphs (C) and 

20 (D), respectively; 

21 (iii) by inserting after subparagraph 

22 (A), the following: 

23 ‘‘(B) REDUCTION IN THE AMOUNT OF

24 GRANT.—If such failure continues for a third 

25 consecutive year, the Governor shall reduce the 


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1 amount of the grant that would (in the absence 

2 of this subparagraph) be payable to the local 

3 area under such program for the program year 

4 after such third consecutive year. Such penalty 

5 shall be based on the degree of failure to meet 

6 local levels of performance.’’; 

7 (iv) in subparagraph (C)(i) (as so re8 designated), by striking ‘‘a reorganization 

9 plan under subparagraph (A) may, not 

10 later than 30 days after receiving notice of 

11 the reorganization plan, appeal to the Gov12 ernor to rescind or revise such plan’’ and 

13 inserting ‘‘corrective action under subpara14 graph (A) or (B) may, not later than 30 

15 days after receiving notice of the action, 

16 appeal to the Governor to rescind or revise 

17 such action’’; and 

18 (v) in subparagraph (D) (as so redes19 ignated), by striking ‘‘subparagraph (B)’’ 

20 each place it appears and inserting ‘‘sub21 paragraph (C)’’; 

22 (6) in subsection (i)— 

23 (A) in paragraph (1)— 


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

2 ‘‘subsection (b)(2)(C)’’ and inserting ‘‘sub3 section (b)(2)(B)’’; and 

4 (ii) in subparagraph (C), by striking 

5 ‘‘(b)(3)(A)(vi)’’ and inserting 

6 ‘‘(b)(3)(A)(v)’’; 

7 (B) in paragraph (2), by striking ‘‘the ac8 tivities described in section 502 concerning’’; 

9 and 

10 (C) in paragraph (3), by striking ‘‘de11 scribed in paragraph (1) and in the activities 

12 described in section 502’’ and inserting ‘‘and 

13 activities described in this subsection’’; and 

14 (7) by adding at the end the following new sub15 sections: 

16 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO17 GRAMS.—Consistent with the requirements of the applica18 ble authorizing laws, the Secretary shall use the core indi19 cators of performance described in subsection (b)(2)(A) to 

20 assess the effectiveness of the programs described in sec21 tion 121(b)(1)(B) (in addition to the programs carried out 

22 under chapter 5) that are carried out by the Secretary. 

23 ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE INCEN24 TIVES.— 


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1 ‘‘(1) IN GENERAL.—At the discretion of the 

2 Governor of a State, a State may establish an incen3 tive system for local boards to implement pay-for4 performance contract strategies for the delivery of 

5 employment and training activities in the local areas 

6 served by the local boards. 

7 ‘‘(2) IMPLEMENTATION.—A State that estab8 lishes a pay-for-performance incentive system shall 

9 reserve not more than 10 percent of the total 

10 amount allotted to the State under section 132(b)(2) 

11 for a fiscal year to provide funds to local areas in 

12 the State whose local boards have implemented a 

13 pay-for-performance contract strategy. 

14 ‘‘(3) EVALUATIONS.—A State described in 

15 paragraph (2) shall use funds reserved by the State 

16 under section 133(a)(1) to evaluate the return on in17 vestment of pay-for-performance contract strategies 

18 implemented by local boards in the State.’’. 

19 SEC. 424. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 137 (29 U.S.C. 2872) is amended to read as 

21 follows: 

22 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to carry out 

24 the activities described in section 132, $6,245,318,000 for 


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1 fiscal year 2015 and each of the 6 succeeding fiscal 

2 years.’’. 

3 CHAPTER 3—JOB CORPS 

4 SEC. 426. JOB CORPS PURPOSES. 

5 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) 

6 is amended to read as follows: 

7 ‘‘(1) to maintain a national Job Corps program 

8 for at-risk youth, carried out in partnership with 

9 States and communities, to assist eligible youth to 

10 connect to the workforce by providing them with in11 tensive academic, career and technical education, 

12 and service-learning opportunities, in residential and 

13 nonresidential centers, in order for such youth to ob14 tain regular secondary school diplomas and recog15 nized postsecondary credentials leading to successful 

16 careers in in-demand industries that will result in 

17 opportunities for advancement;’’. 

18 SEC. 427. JOB CORPS DEFINITIONS. 

19 Section 142 (29 U.S.C. 2882) is amended— 

20 (1) in paragraph (2)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE23 STOP’’; 

24 (B) by striking ‘‘applicable’’; 

25 (C) by striking ‘‘customer service’’; and 


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1 (D) by striking ‘‘intake’’ and inserting ‘‘as2 sessment’’; 

3 (2) in paragraph (4), by striking ‘‘before com4 pleting the requirements’’ and all that follows and 

5 inserting ‘‘prior to becoming a graduate.’’; and 

6 (3) in paragraph (5), by striking ‘‘has com7 pleted the requirements’’ and all that follows and in8 serting the following: ‘‘who, as a result of participa9 tion in the Job Corps program, has received a reg10 ular secondary school diploma, completed the re11 quirements of a career and technical education and 

12 training program, or received, or is making satisfac13 tory progress (as defined under section 484(c) of the 

14 Higher Education Act of 1965 (20 U.S.C. 1091(c))) 

15 toward receiving, a recognized postsecondary creden16 tial (including an industry-recognized credential) 

17 that prepares individuals for employment leading to 

18 economic self-sufficiency.’’. 

19 SEC. 428. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

20 Section 144 (29 U.S.C. 2884) is amended— 

21 (1) by amending paragraph (1) to read as fol22 lows: 

23 ‘‘(1) not less than age 16 and not more than 

24 age 24 on the date of enrollment;’’; 


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1 (2) in paragraph (3)(B), by inserting ‘‘sec2 ondary’’ before ‘‘school’’; and 

3 (3) in paragraph (3)(E), by striking ‘‘voca4 tional’’ and inserting ‘‘career and technical edu5 cation and’’. 

6 SEC. 429. RECRUITMENT, SCREENING, SELECTION, AND AS7 SIGNMENT OF ENROLLEES. 

8 Section 145 (29 U.S.C. 2885) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2)(C)(i) by striking ‘‘vo11 cational’’ and inserting ‘‘career and technical 

12 education and training’’; and 

13 (B) in paragraph (3)— 

14 (i) by striking ‘‘To the extent prac15 ticable, the’’ and inserting ‘‘The’’; 

16 (ii) in subparagraph (A)— 

17 (I) by striking ‘‘applicable’’; and 

18 (II) by inserting ‘‘and’’ after the 

19 semicolon; 

20 (iii) by striking subparagraphs (B) 

21 and (C); and 

22 (iv) by adding at the end the fol23 lowing: 


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1 ‘‘(B) organizations that have a dem2 onstrated record of effectiveness in placing at3 risk youth into employment.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (B), by inserting 

7 ‘‘and agrees to such rules’’ after ‘‘failure 

8 to observe the rules’’; and 

9 (ii) by amending subparagraph (C) to 

10 read as follows: 

11 ‘‘(C) the individual has passed a back12 ground check conducted in accordance with pro13 cedures established by the Secretary, which 

14 shall include— 

15 ‘‘(i) a search of the State criminal 

16 registry or repository in the State where 

17 the individual resides and each State where 

18 the individual previously resided; 

19 ‘‘(ii) a search of State-based child 

20 abuse and neglect registries and databases 

21 in the State where the individual resides 

22 and each State where the individual pre23 viously resided; 

24 ‘‘(iii) a search of the National Crime 

25 Information Center; 


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1 ‘‘(iv) a Federal Bureau of Investiga2 tion fingerprint check using the Integrated 

3 Automated Fingerprint Identification Sys4 tem; and 

5 ‘‘(v) a search of the National Sex Of6 fender Registry established under the 

7 Adam Walsh Child Protection and Safety 

8 Act of 2006 (42 U.S.C. 16901 et seq.).’’; 

9 and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— 

13 An individual shall be ineligible for enrollment if the 

14 individual— 

15 ‘‘(A) makes a false statement in connection 

16 with the criminal background check described in 

17 paragraph (1)(C); 

18 ‘‘(B) is registered or is required to be reg19 istered on a State sex offender registry or the 

20 National Sex Offender Registry established 

21 under the Adam Walsh Child Protection and 

22 Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

23 or 

24 ‘‘(C) has been convicted of a felony con25 sisting of— 


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1 ‘‘(i) homicide; 

2 ‘‘(ii) child abuse or neglect; 

3 ‘‘(iii) a crime against children, includ4 ing child pornography; 

5 ‘‘(iv) a crime involving rape or sexual 

6 assault; or 

7 ‘‘(v) physical assault, battery, or a 

8 drug-related offense, committed within the 

9 past 5 years.’’; 

10 (3) in subsection (c)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘2 years’’ and inserting 

13 ‘‘year’’; and 

14 (ii) by striking ‘‘an assignment’’ and 

15 inserting ‘‘a’’; and 

16 (B) in paragraph (2)— 

17 (i) in the matter preceding subpara18 graph (A), by striking ‘‘, every 2 years,’’; 

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

20 ‘‘and’’ at the end; 

21 (iii) in subparagraph (C)— 

22 (I) by inserting ‘‘the education 

23 and training’’ after ‘‘including’’; and 

24 (II) by striking the period at the 

25 end and inserting ‘‘; and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(D) the performance of the Job Corps 

4 center relating to the indicators described in 

5 paragraphs (1) and (2) in section 159(c), and 

6 whether any actions have been taken with re7 spect to such center pursuant to section 

8 159(f).’’; and 

9 (4) in subsection (d)— 

10 (A) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘is closest to the 

13 home of the enrollee, except that the’’ and 

14 inserting ‘‘offers the type of career and 

15 technical education and training selected 

16 by the individual and, among the centers 

17 that offer such education and training, is 

18 closest to the home of the individual. The’’; 

19 (ii) by striking subparagraph (A); and 

20 (iii) by redesignating subparagraphs 

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

22 (B), respectively; and 

23 (B) in paragraph (2), by inserting ‘‘that 

24 offers the career and technical education and 


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1 training desired by’’ after ‘‘home of the en2 rollee’’. 

3 SEC. 430. JOB CORPS CENTERS. 

4 Section 147 (29 U.S.C. 2887) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)(A), by striking ‘‘voca7 tional’’ both places it appears and inserting 

8 ‘‘career and technical’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘subsections (c) 

12 and (d) of section 303 of the Federal 

13 Property and Administrative Services 

14 Act of 1949 (41 U.S.C. 253)’’ and in15 serting ‘‘subsections (a) and (b) of 

16 section 3304 of title 41, United States 

17 Code’’; and 

18 (II) by striking ‘‘industry coun19 cil’’ and inserting ‘‘workforce coun20 cil’’; 

21 (ii) in subparagraph (B)(i)— 

22 (I) by amending subclause (II) to 

23 read as follows: 

24 ‘‘(II) the ability of the entity to 

25 offer career and technical education 


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1 and training that the workforce coun2 cil proposes under section 154(c);’’; 

3 (II) in subclause (III), by strik4 ing ‘‘is familiar with the surrounding 

5 communities, applicable’’ and insert6 ing ‘‘demonstrates relationships with 

7 the surrounding communities, employ8 ers, workforce boards,’’ and by strik9 ing ‘‘and’’ at the end; 

10 (III) by amending subclause (IV) 

11 to read as follows: 

12 ‘‘(IV) the performance of the en13 tity, if any, relating to operating or 

14 providing activities described in this 

15 subtitle to a Job Corps center, includ16 ing the entity’s demonstrated effec17 tiveness in assisting individuals in 

18 achieving the primary and secondary 

19 indicators of performance described in 

20 paragraphs (1) and (2) of section 

21 159(c); and’’; and 

22 (IV) by adding at the end the fol23 lowing new subclause: 

24 ‘‘(V) the ability of the entity to 

25 demonstrate a record of successfully 


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1 assisting at-risk youth to connect to 

2 the workforce, including by providing 

3 them with intensive academic, and ca4 reer and technical education and 

5 training.’’; and 

6 (iii) in subparagraph (B)(ii)— 

7 (I) by striking ‘‘, as appro8 priate’’; and 

9 (II) by striking ‘‘through (IV)’’ 

10 and inserting ‘‘through (V)’’; 

11 (2) in subsection (b), by striking ‘‘In any year, 

12 no more than 20 percent of the individuals enrolled 

13 in the Job Corps may be nonresidential participants 

14 in the Job Corps.’’; 

15 (3) by amending subsection (c) to read as fol16 lows: 

17 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

18 ‘‘(1) IN GENERAL.—The Job Corps centers may 

19 include Civilian Conservation Centers, operated 

20 under an agreement between the Secretary of Labor 

21 and the Secretary of Agriculture, that are located 

22 primarily in rural areas. Such centers shall adhere 

23 to all the provisions of this subtitle, and shall pro24 vide, in addition to education, career and technical 

25 education and training, and workforce preparation 


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1 skills training described in section 148, programs of 

2 work experience to conserve, develop, or manage 

3 public natural resources or public recreational areas 

4 or to develop community projects in the public inter5 est. 

6 ‘‘(2) SELECTION PROCESS.—The Secretary 

7 shall select an entity that submits an application 

8 under subsection (d) to operate a Civilian Conserva9 tion Center on a competitive basis, as provided in 

10 subsection (a).’’; and 

11 (4) by striking subsection (d) and inserting the 

12 following: 

13 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

14 Corps center under this subtitle, an entity shall submit 

15 an application to the Secretary at such time, in such man16 ner, and containing such information as the Secretary may 

17 require, including— 

18 ‘‘(1) a description of the program activities that 

19 will be offered at the center, including how the ca20 reer and technical education and training reflect 

21 State and local employment opportunities, including 

22 in in-demand industries; 

23 ‘‘(2) a description of the counseling, placement, 

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1 cedures the entity will use to place graduates into 

2 unsubsidized employment upon completion of the 

3 program; 

4 ‘‘(3) a description of the demonstrated record 

5 of effectiveness that the entity has in placing at-risk 

6 youth into employment, including past performance 

7 of operating a Job Corps center under this subtitle; 

8 ‘‘(4) a description of the relationships that the 

9 entity has developed with State and local workforce 

10 boards, employers, State and local educational agen11 cies, and the surrounding communities in an effort 

12 to promote a comprehensive statewide workforce in13 vestment system; 

14 ‘‘(5) a description of the strong fiscal controls 

15 the entity has in place to ensure proper accounting 

16 of Federal funds, and a description of how the entity 

17 will meet the requirements of section 159(a); 

18 ‘‘(6) a description of the strategies and policies 

19 the entity will utilize to reduce participant costs; 

20 ‘‘(7) a description of the steps taken to control 

21 costs in accordance with section 159(a)(3); 

22 ‘‘(8) a detailed budget of the activities that will 

23 be supported using funds under this subtitle; 


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1 ‘‘(9) a detailed budget of the activities that will 

2 be supported using funds from non-Federal re3 sources; 

4 ‘‘(10) an assurance the entity will comply with 

5 the administrative cost limitation included in section 

6 151(c); 

7 ‘‘(11) an assurance the entity is licensed to op8 erate in the State in which the center is located; and 

9 ‘‘(12) an assurance the entity will comply with 

10 and meet basic health and safety codes, including 

11 those measures described in section 152(b). 

12 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de13 scribed in subsection (a)(1)(A) shall be for not longer than 

14 a 2-year period. The Secretary may renew the agreement 

15 for 3 1-year periods if the entity meets the requirements 

16 of subsection (f). 

17 ‘‘(f) RENEWAL.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary may renew the terms of an agreement 

20 described in subsection (a)(1)(A) for an entity to op21 erate a Job Corps center if the center meets or ex22 ceeds each of the indicators of performance de23 scribed in section 159(c)(1). 

24 ‘‘(2) RECOMPETITION.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), the Secretary shall not renew the 

3 terms of the agreement for an entity to operate 

4 a Job Corps center if such center is ranked in 

5 the bottom quintile of centers described in sec6 tion 159(f)(2) for any program year. Such enti7 ty may submit a new application under sub8 section (d) only if such center has shown sig9 nificant improvement on the indicators of per10 formance described in section 159(c)(1) over 

11 the last program year. 

12 ‘‘(B) VIOLATIONS.—The Secretary shall 

13 not select an entity to operate a Job Corps cen14 ter if such entity or such center has been found 

15 to have a systemic or substantial material fail16 ure that involves— 

17 ‘‘(i) a threat to the health, safety, or 

18 civil rights of program participants or 

19 staff; 

20 ‘‘(ii) the misuse of funds received 

21 under this subtitle; 

22 ‘‘(iii) loss of legal status or financial 

23 viability, loss of permits, debarment from 

24 receiving Federal grants or contracts, or 

25 the improper use of Federal funds; 


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1 ‘‘(iv) failure to meet any other Fed2 eral or State requirement that the entity 

3 has shown an unwillingness or inability to 

4 correct, after notice from the Secretary, 

5 within the period specified; or 

6 ‘‘(v) an unresolved area of noncompli7 ance. 

8 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

9 after the date of enactment of the SKILLS Act and not10 withstanding any previous grant award or renewals of 

11 such award under this subtitle, the Secretary shall require 

12 all entities operating a Job Corps center under this sub13 title to submit an application under subsection (d) to carry 

14 out the requirements of this section.’’. 

15 SEC. 431. PROGRAM ACTIVITIES. 

16 Section 148 (29 U.S.C. 2888) is amended— 

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

19 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

20 CENTERS.— 

21 ‘‘(1) IN GENERAL.—Each Job Corps center 

22 shall provide enrollees with an intensive, well-orga23 nized, and supervised program of education, career 

24 and technical education and training, work experi25 ence, recreational activities, physical rehabilitation 


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1 and development, and counseling. Each Job Corps 

2 center shall provide enrollees assigned to the center 

3 with access to work ready services described in sec4 tion 134(c)(2). 

5 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

6 ‘‘(A) IN GENERAL.—The activities pro7 vided under this subsection shall be targeted to 

8 helping enrollees, on completion of their enroll9 ment— 

10 ‘‘(i) secure and maintain meaningful 

11 unsubsidized employment; 

12 ‘‘(ii) complete secondary education 

13 and obtain a regular secondary school di14 ploma; 

15 ‘‘(iii) enroll in and complete postsec16 ondary education or training programs, in17 cluding obtaining recognized postsecondary 

18 credentials (such as industry-recognized 

19 credentials and certificates from registered 

20 apprenticeship programs); or 

21 ‘‘(iv) satisfy Armed Forces require22 ments. 

23 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI24 TIES.—The career and technical education and 

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1 ment opportunities in in-demand industries in 

2 the State in which the Job Corps center is lo3 cated.’’; 

4 (2) in subsection (b)— 

5 (A) in the subsection heading, by striking 

6 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

7 ‘‘ACADEMIC AND CAREER AND TECHNICAL

8 EDUCATION AND’’; 

9 (B) by striking ‘‘may’’ after ‘‘The Sec10 retary’’ and inserting ‘‘shall’’; and 

11 (C) by striking ‘‘vocational’’ each place it 

12 appears and inserting ‘‘career and technical’’; 

13 and 

14 (3) by amending paragraph (3) of subsection 

15 (c) to read as follows: 

16 ‘‘(3) DEMONSTRATION.—Each year, any oper17 ator seeking to enroll additional enrollees in an ad18 vanced career training program shall demonstrate, 

19 before the operator may carry out such additional 

20 enrollment, that— 

21 ‘‘(A) participants in such program have 

22 achieved a satisfactory rate of completion and 

23 placement in training-related jobs; and 

24 ‘‘(B) such operator has met or exceeded 

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1 graphs (1) and (2) of section 159(c) for the 

2 previous year.’’. 

3 SEC. 432. COUNSELING AND JOB PLACEMENT. 

4 Section 149 (29 U.S.C. 2889) is amended— 

5 (1) in subsection (a), by striking ‘‘vocational’’ 

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

7 (2) in subsection (b)— 

8 (A) by striking ‘‘make every effort to ar9 range to’’; and 

10 (B) by striking ‘‘to assist’’ and inserting 

11 ‘‘assist’’; and 

12 (3) by striking subsection (d). 

13 SEC. 433. SUPPORT. 

14 Subsection (b) of section 150 (29 U.S.C. 2890) is 

15 amended to read as follows: 

16 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

17 GRADUATES.—The Secretary shall arrange for a transi18 tion allowance to be paid to graduates. The transition al19 lowance shall be incentive-based to reflect a graduate’s 

20 completion of academic, career and technical education or 

21 training, and attainment of a recognized postsecondary 

22 credential, including an industry-recognized credential.’’. 

23 SEC. 434. OPERATIONS. 

24 Section 151 (29 U.S.C. 2891) is amended— 


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1 (1) in the header, by striking ‘‘OPERATING

2 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

3 (2) in subsection (a), by striking ‘‘IN GEN4 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

5 (3) by striking subsection (b) and redesignating 

6 subsection (c) as subsection (b); 

7 (4) by amending subsection (b) (as so redesig8 nated)— 

9 (A) in the heading by inserting ‘‘OF OPER10 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 

11 (B) by striking ‘‘subsections (a) and (b)’’ 

12 and inserting ‘‘subsection (a)’’; and 

13 (5) by adding at the end the following new sub14 section: 

15 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 

16 percent of the funds allotted under section 147 to an enti17 ty selected to operate a Job Corps center may be used 

18 by the entity for administrative costs under this subtitle.’’. 

19 SEC. 435. COMMUNITY PARTICIPATION. 

20 Section 153 (29 U.S.C. 2893) is amended to read as 

21 follows: 

22 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

23 ‘‘The director of each Job Corps center shall encour24 age and cooperate in activities to establish a mutually ben25 eficial relationship between Job Corps centers in the State 


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1 and nearby communities. Such activities may include the 

2 use of any local workforce development boards established 

3 under section 117 to provide a mechanism for joint discus4 sion of common problems and for planning programs of 

5 mutual interest.’’. 

6 SEC. 436. WORKFORCE COUNCILS. 

7 Section 154 (29 U.S.C. 2894) is amended to read as 

8 follows: 

9 ‘‘SEC. 154. WORKFORCE COUNCILS. 

10 ‘‘(a) IN GENERAL.—Each Job Corps center shall 

11 have a workforce council appointed by the Governor of the 

12 State in which the Job Corps center is located. 

13 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 

14 ‘‘(1) IN GENERAL.—A workforce council shall 

15 be comprised of— 

16 ‘‘(A) business members of the State board 

17 described in section 111(b)(1)(B)(i); 

18 ‘‘(B) business members of the local boards 

19 described in section 117(b)(2)(A) located in the 

20 State; 

21 ‘‘(C) a representative of the State board 

22 described in section 111(f); and 

23 ‘‘(D) such other representatives and State 

24 agency officials as the Governor may designate. 


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‘‘(2) MAJORITY.—A 2 1 ⁄3 majority of the mem2 bers of the workforce council shall be representatives 

3 described in paragraph (1)(A). 

4 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

5 workforce council shall be— 

6 ‘‘(1) to review all the relevant labor market in7 formation, including related information in the State 

8 plan described in section 112, to— 

9 ‘‘(A) determine the in-demand industries 

10 in the State in which enrollees intend to seek 

11 employment after graduation; 

12 ‘‘(B) determine the skills and education 

13 that are necessary to obtain the employment 

14 opportunities described in subparagraph (A); 

15 and 

16 ‘‘(C) determine the type or types of career 

17 and technical education and training that will 

18 be implemented at the center to enable the en19 rollees to obtain the employment opportunities; 

20 and 

21 ‘‘(2) to meet at least once a year to reevaluate 

22 the labor market information, and other relevant in23 formation, to determine any necessary changes in 

24 the career and technical education and training pro25 vided at the center.’’. 


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1 SEC. 437. TECHNICAL ASSISTANCE. 

2 Section 156 (29 U.S.C. 2896) is amended to read as 

3 follows: 

4 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

5 ‘‘(a) IN GENERAL.—From the funds reserved under 

6 section 132(a)(3), the Secretary shall provide, directly or 

7 through grants, contracts, or other agreements or ar8 rangements as the Secretary considers appropriate, tech9 nical assistance and training for the Job Corps program 

10 for the purposes of improving program quality. 

11 ‘‘(b) ACTIVITIES.—In providing training and tech12 nical assistance and for allocating resources for such as13 sistance, the Secretary shall— 

14 ‘‘(1) assist entities, including those entities not 

15 currently operating a Job Corps center, in devel16 oping the application described in section 147(d); 

17 ‘‘(2) assist Job Corps centers and programs in 

18 correcting deficiencies and violations under this sub19 title; 

20 ‘‘(3) assist Job Corps centers and programs in 

21 meeting or exceeding the indicators of performance 

22 described in paragraph (1) and (2) of section 159(c); 

23 and 

24 ‘‘(4) assist Job Corps centers and programs in 

25 the development of sound management practices, in26 cluding financial management procedures.’’. 


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1 SEC. 438. SPECIAL PROVISIONS. 

2 Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended 

3 by striking ‘‘title II of the Federal Property and Adminis4 trative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and 

5 inserting ‘‘chapter 5 of title 40, United States Code,’’. 

6 SEC. 439. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

7 Section 159 (29 U.S.C. 2899) is amended— 

8 (1) in the section heading, by striking ‘‘MAN9 AGEMENT INFORMATION’’ and inserting ‘‘PER10 FORMANCE ACCOUNTABILITY AND MANAGE11 MENT’’; 

12 (2) in subsection (a)(3), by inserting before the 

13 period at the end the following: ‘‘, or operating costs 

14 for such centers result in a budgetary shortfall’’; 

15 (3) by striking subsections (c) through (g); and 

16 (4) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) INDICATORS OF PERFORMANCE.— 

19 ‘‘(1) PRIMARY INDICATORS.—The annual pri20 mary indicators of performance for Job Corps cen21 ters shall include— 

22 ‘‘(A) the percentage and number of enroll23 ees who graduate from the Job Corps center; 

24 ‘‘(B) the percentage and number of grad25 uates who entered unsubsidized employment re26 lated to the career and technical education and 


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1 training received through the Job Corps center, 

2 except that such calculation shall not include 

3 enrollment in education, the military, or volun4 teer service; 

5 ‘‘(C) the percentage and number of grad6 uates who obtained a recognized postsecondary 

7 credential, including an industry-recognized cre8 dential or a certificate from a registered ap9 prenticeship program; and 

10 ‘‘(D) the cost per successful performance 

11 outcome, which is calculated by comparing the 

12 number of graduates who were placed in unsub13 sidized employment or obtained a recognized 

14 postsecondary credential, including an industry15 recognized credential, to total program costs, 

16 including all operations, construction, and ad17 ministration costs at each Job Corps center. 

18 ‘‘(2) SECONDARY INDICATORS.—The annual 

19 secondary indicators of performance for Job Corps 

20 centers shall include— 

21 ‘‘(A) the percentage and number of grad22 uates who entered unsubsidized employment not 

23 related to the career and technical education 

24 and training received through the Job Corps 

25 center; 


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1 ‘‘(B) the percentage and number of grad2 uates who entered into postsecondary education; 

3 ‘‘(C) the percentage and number of grad4 uates who entered into the military; 

5 ‘‘(D) the average wage of graduates who 

6 are in unsubsidized employment— 

7 ‘‘(i) on the first day of employment; 

8 and 

9 ‘‘(ii) 6 months after the first day; 

10 ‘‘(E) the number and percentage of grad11 uates who entered unsubsidized employment 

12 and were retained in the unsubsidized employ13 ment— 

14 ‘‘(i) 6 months after the first day of 

15 employment; and 

16 ‘‘(ii) 12 months after the first day of 

17 employment; 

18 ‘‘(F) the percentage and number of enroll19 ees compared to the percentage and number of 

20 enrollees the Secretary has established as tar21 gets in section 145(c)(1); 

22 ‘‘(G) the cost per training slot, which is 

23 calculated by comparing the program’s max24 imum number of enrollees that can be enrolled 

25 in a Job Corps center at any given time during 


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1 the program year to the number of enrollees in 

2 the same program year; and 

3 ‘‘(H) the number and percentage of former 

4 enrollees, including the number dismissed under 

5 the zero tolerance policy described in section 

6 152(b). 

7 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE8 CRUITERS.—The annual indicators of performance 

9 for recruiters shall include the measurements de10 scribed in subparagraph (A) of paragraph (1) and 

11 subparagraphs (F), (G), and (H) of paragraph (2). 

12 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

13 TRANSITION SERVICE PROVIDERS.—The annual indi14 cators of performance of career transition service 

15 providers shall include the measurements described 

16 in subparagraphs (B) and (C) of paragraph (1) and 

17 subparagraphs, (B), (C), (D), and (E) of paragraph 

18 (2). 

19 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary 

20 shall collect, and submit in the report described in sub21 section (f), information on the performance of each Job 

22 Corps center, and the Job Corps program, regarding— 

23 ‘‘(1) the number and percentage of former en24 rollees who obtained a regular secondary school di25 ploma; 


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1 ‘‘(2) the number and percentage of former en2 rollees who entered unsubsidized employment; 

3 ‘‘(3) the number and percentage of former en4 rollees who obtained a recognized postsecondary cre5 dential, including an industry-recognized credential; 

6 ‘‘(4) the number and percentage of former en7 rollees who entered into military service; and 

8 ‘‘(5) any additional information required by the 

9 Secretary. 

10 ‘‘(e) METHODS.—The Secretary shall collect the in11 formation described in subsections (c) and (d), using 

12 methods described in section 136(f)(2) and consistent with 

13 State law, by entering into agreements with the States to 

14 access such data for Job Corps enrollees, former enrollees, 

15 and graduates. 

16 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

17 ‘‘(1) REPORT.—The Secretary shall collect and 

18 annually submit to the Committee on Education and 

19 the Workforce of the House of Representatives and 

20 the Committee on Health, Education, Labor, and 

21 Pensions of the Senate, and make available to the 

22 public by electronic means, a report containing— 

23 ‘‘(A) information on the performance of 

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1 gram, on the performance indicators described 

2 in paragraphs (1) and (2) of subsection (c); 

3 ‘‘(B) a comparison of each Job Corps cen4 ter, by rank, on the performance indicators de5 scribed in paragraphs (1) and (2) of subsection 

6 (c); 

7 ‘‘(C) a comparison of each Job Corps cen8 ter, by rank, on the average performance of all 

9 primary indicators described in paragraph (1) 

10 of subsection (c); 

11 ‘‘(D) information on the performance of 

12 the service providers described in paragraphs 

13 (3) and (4) of subsection (c) on the perform14 ance indicators established under such para15 graphs; and 

16 ‘‘(E) a comparison of each service pro17 vider, by rank, on the performance of all service 

18 providers described in paragraphs (3) and (4) 

19 of subsection (c) on the performance indicators 

20 established under such paragraphs. 

21 ‘‘(2) ASSESSMENT.—The Secretary shall con22 duct an annual assessment of the performance of 

23 each Job Corps center which shall include informa24 tion on the Job Corps centers that— 


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1 ‘‘(A) are ranked in the bottom 10 percent 

2 on the performance indicator described in para3 graph (1)(C); or 

4 ‘‘(B) have failed a safety and health code 

5 review described in subsection (g). 

6 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re7 spect to a Job Corps center that is identified under 

8 paragraph (2) or reports less than 50 percent on the 

9 performance indicators described in subparagraph 

10 (A), (B), or (C) of subsection (c)(1), the Secretary 

11 shall develop and implement a 1-year performance 

12 improvement plan. Such a plan shall require action 

13 including— 

14 ‘‘(A) providing technical assistance to the 

15 center; 

16 ‘‘(B) changing the management staff of 

17 the center; 

18 ‘‘(C) replacing the operator of the center; 

19 ‘‘(D) reducing the capacity of the center; 

20 or 

21 ‘‘(E) closing the center. 

22 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

23 Corps centers that have been identified under para24 graph (2) for more than 4 consecutive years shall be 

25 closed. The Secretary shall ensure— 


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1 ‘‘(A) that the proposed decision to close 

2 the center is announced in advance to the gen3 eral public through publication in the Federal 

4 Register and other appropriate means; and 

5 ‘‘(B) the establishment of a reasonable 

6 comment period, not to exceed 30 days, for in7 terested individuals to submit written comments 

8 to the Secretary. 

9 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec10 retary shall enter into an agreement with the General 

11 Services Administration or the appropriate State agency 

12 responsible for inspecting public buildings and safe13 guarding the health of disadvantaged students, to conduct 

14 an in-person review of the physical condition and health15 related activities of each Job Corps center annually. Such 

16 review shall include a passing rate of occupancy under 

17 Federal and State ordinances.’’. 

18 CHAPTER 4—NATIONAL PROGRAMS 

19 SEC. 441. TECHNICAL ASSISTANCE. 

20 Section 170 (29 U.S.C. 2915) is amended— 

21 (1) by striking subsection (b); 

22 (2) by striking: 

23 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

24 (3) by redesignating paragraphs (1), (2), and 

25 (3) as subsections (a), (b), and (c) respectively, and 


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1 moving such subsections 2 ems to the left, and con2 forming the casing style of the headings of such sub3 sections to the casing style of the heading of sub4 section (d), as added by paragraph (7) of this sec5 tion; 

6 (4) in subsection (a) (as so redesignated)— 

7 (A) by inserting ‘‘the training of staff pro8 viding rapid response services and additional 

9 assistance, the training of other staff of recipi10 ents of funds under this title, assistance regard11 ing accounting and program operation practices 

12 (when such assistance would not be duplicative 

13 to assistance provided by the State), technical 

14 assistance to States that do not meet State per15 formance measures described in section 136,’’ 

16 after ‘‘localities,’’; and 

17 (B) by striking ‘‘from carrying out activi18 ties’’ and all that follows up to the period and 

19 inserting ‘‘to implement the amendments made 

20 by the SKILLS Act’’; 

21 (5) in subsection (b) (as so redesignated)— 

22 (A) by striking ‘‘paragraph (1)’’ and in23 serting ‘‘subsection (a)’’; 


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1 (B) by striking ‘‘, or recipient of financial 

2 assistance under any of sections 166 through 

3 169,’’; and 

4 (C) by striking ‘‘or grant recipient’’; 

5 (6) in subsection (c) (as so redesignated), by 

6 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

7 (a)’’; and 

8 (7) by inserting, after subsection (c) (as so re9 designated), the following: 

10 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec11 retary shall— 

12 ‘‘(1) establish a system through which States 

13 may share information regarding best practices with 

14 regard to the operation of workforce investment ac15 tivities under this Act; and 

16 ‘‘(2) evaluate and disseminate information re17 garding best practices and identify knowledge 

18 gaps.’’. 

19 SEC. 442. EVALUATIONS. 

20 Section 172 (29 U.S.C. 2917) is amended— 

21 (1) in subsection (a), by striking ‘‘the Secretary 

22 shall provide for the continuing evaluation of the 

23 programs and activities, including those programs 

24 and activities carried out under section 171’’ and in25 serting ‘‘the Secretary, through grants, contracts, or 


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1 cooperative agreements, shall conduct, at least once 

2 every 5 years, an independent evaluation of the pro3 grams and activities funded under this Act’’; 

4 (2) by amending subsection (a)(4) to read as 

5 follows: 

6 ‘‘(4) the impact of receiving services and not re7 ceiving services under such programs and activities 

8 on the community, businesses, and individuals;’’; 

9 (3) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

12 this section shall utilize appropriate and rigorous method13 ology and research designs, including the use of control 

14 groups chosen by scientific random assignment methodolo15 gies, quasi-experimental methods, impact analysis and the 

16 use of administrative data. The Secretary shall conduct 

17 an impact analysis, as described in subsection (a)(4), of 

18 the formula grant program under subtitle B not later than 

19 2016, and thereafter shall conduct such an analysis not 

20 less than once every 4 years.’’; 

21 (4) in subsection (e), by striking ‘‘the Com22 mittee on Labor and Human Resources of the Sen23 ate’’ and inserting ‘‘the Committee on Health, Edu24 cation, Labor, and Pensions of the Senate’’; 


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1 (5) by redesignating subsection (f) as sub2 section (g) and inserting after subsection (e) the fol3 lowing: 

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

5 APPROPRIATED FOR LATE REPORTING.—If a report re6 quired to be transmitted to Congress under this section 

7 is not transmitted on or before the time period specified 

8 for that report, amounts authorized to be appropriated 

9 under this title shall be reduced by 10 percent for the fis10 cal year that begins after the date on which the final re11 port required under this section is required to be trans12 mitted and reduced by an additional 10 percent each sub13 sequent fiscal year until each such report is transmitted 

14 to Congress.’’; and 

15 (6) by adding at the end, the following: 

16 ‘‘(h) PUBLIC AVAILABILITY.—The results of the eval17 uations conducted under this section shall be made pub18 licly available, including by posting such results on the De19 partment’s website.’’. 

20 CHAPTER 5—ADMINISTRATION 

21 SEC. 446. REQUIREMENTS AND RESTRICTIONS. 

22 Section 181 (29 U.S.C. 2931) is amended— 

23 (1) in subsection (b)(6), by striking ‘‘, including 

24 representatives of businesses and of labor organiza25 tions,’’; 


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1 (2) in subsection (c)(2)(A), in the matter pre2 ceding clause (i), by striking ‘‘shall’’ and inserting 

3 ‘‘may’’; 

4 (3) in subsection (e)— 

5 (A) by striking ‘‘training for’’ and insert6 ing ‘‘the entry into employment, retention in 

7 employment, or increases in earnings of’’; and 

8 (B) by striking ‘‘subtitle B’’ and inserting 

9 ‘‘this Act’’; 

10 (4) in subsection (f)(4), by striking 

11 ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and 

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

13 ‘‘(g) SALARY AND BONUS LIMITATION.— 

14 ‘‘(1) IN GENERAL.—No funds provided under 

15 this title shall be used by a recipient or subrecipient 

16 of such funds to pay the salary and bonuses of an 

17 individual, either as direct costs or indirect costs, at 

18 a rate in excess of the rate prescribed in level II of 

19 the Executive Schedule under section 5315 of title 

20 5, United States Code. 

21 ‘‘(2) VENDORS.—The limitation described in 

22 paragraph (1) shall not apply to vendors providing 

23 goods and services as defined in OMB Circular A– 

24 133. 


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1 ‘‘(3) LOWER LIMIT.—In a case in which a State 

2 is a recipient of such funds, the State may establish 

3 a lower limit than is provided in paragraph (1) for 

4 salaries and bonuses of those receiving salaries and 

5 bonuses from a subrecipient of such funds, taking 

6 into account factors including the relative cost of liv7 ing in the State, the compensation levels for com8 parable State or local government employees, and 

9 the size of the organizations that administer the 

10 Federal programs involved. 

11 ‘‘(h) GENERAL AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—The Employment and 

13 Training Administration of the Department of 

14 Labor (referred to in this Act as the ‘Administra15 tion’) shall administer all programs authorized under 

16 title I and the Wagner-Peyser Act (29 U.S.C. 49 et 

17 seq.). The Administration shall be headed by an As18 sistant Secretary appointed by the President by and 

19 with the advice and consent of the Senate. Except 

20 for title II and the Rehabilitation Act of 1973 (29 

21 U.S.C. 701 et seq.), the Administration shall be the 

22 principal agency, and the Assistant Secretary shall 

23 be the principal officer, of such Department for car24 rying out this Act. 


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1 ‘‘(2) QUALIFICATIONS.—The Assistant Sec2 retary shall be an individual with substantial experi3 ence in workforce development and in workforce de4 velopment management. The Assistant Secretary 

5 shall also, to the maximum extent possible, possess 

6 knowledge and have worked in or with the State or 

7 local workforce investment system or have been a 

8 member of the business community. 

9 ‘‘(3) FUNCTIONS.—In the performance of the 

10 functions of the office, the Assistant Secretary shall 

11 be directly responsible to the Secretary or the Dep12 uty Secretary of Labor, as determined by the Sec13 retary. The functions of the Assistant Secretary 

14 shall not be delegated to any officer not directly re15 sponsible, both with respect to program operation 

16 and administration, to the Assistant Secretary. Any 

17 reference in this Act to duties to be carried out by 

18 the Assistant Secretary shall be considered to be a 

19 reference to duties to be carried out by the Secretary 

20 acting through the Assistant Secretary.’’. 

21 SEC. 447. PROMPT ALLOCATION OF FUNDS. 

22 Section 182 (29 U.S.C. 2932) is amended— 

23 (1) in subsection (c)— 

24 (A) by striking ‘‘127 or’’; and 


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1 (B) by striking ‘‘, except that’’ and all that 

2 follows and inserting a period; and 

3 (2) in subsection (e)— 

4 (A) by striking ‘‘sections 128 and 133’’ 

5 and inserting ‘‘section 133’’; and 

6 (B) by striking ‘‘127 or’’. 

7 SEC. 448. FISCAL CONTROLS; SANCTIONS. 

8 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amend9 ed— 

10 (1) by striking ‘‘(A)’’ and all that follows 

11 through ‘‘Each’’ and inserting ‘‘Each’’; and 

12 (2) by striking subparagraph (B). 

13 SEC. 449. REPORTS TO CONGRESS. 

14 Section 185 (29 U.S.C. 2935) is amended— 

15 (1) in subsection (c)— 

16 (A) in paragraph (2), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) in paragraph (3), by striking the pe19 riod and inserting ‘‘; and’’; and 

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

21 ‘‘(4) shall have the option to submit or dissemi22 nate electronically any reports, records, plans, or 

23 other data that are required to be collected or dis24 seminated under this title.’’; and 


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1 (2) in subsection (e)(2), by inserting ‘‘and the 

2 Secretary shall submit to the Committee on Edu3 cation and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate,’’ after 

6 ‘‘Secretary,’’. 

7 SEC. 450. ADMINISTRATIVE PROVISIONS. 

8 Section 189 (29 U.S.C. 2939) is amended— 

9 (1) in subsection (g)— 

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

11 follows: 

12 ‘‘(1) IN GENERAL.—Appropriations for any fis13 cal year for programs and activities carried out 

14 under this title shall be available for obligation only 

15 on the basis of a program year. The program year 

16 shall begin on October 1 in the fiscal year for which 

17 the appropriation is made.’’; and 

18 (B) in paragraph (2)— 

19 (i) in the first sentence, by striking 

20 ‘‘each State’’ and inserting ‘‘each recipient 

21 (except as otherwise provided in this para22 graph)’’; and 

23 (ii) in the second sentence, by striking 

24 ‘‘171 or’’; and 

25 (2) in subsection (i)— 


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1 (A) by striking paragraphs (2) and (3); 

2 (B) by redesignating paragraph (4) as 

3 paragraph (2); 

4 (C) by amending paragraph (2)(A), as so 

5 redesignated— 

6 (i) in clause (i), by striking ‘‘; and’’ 

7 and inserting a period at the end; 

8 (ii) by striking ‘‘requirements of sub9 paragraph (B)’’ and all that follows 

10 through ‘‘any of the statutory or regu11 latory requirements of subtitle B’’ and in12 serting ‘‘requirements of subparagraph (B) 

13 or (D), any of the statutory or regulatory 

14 requirements of subtitle B’’; and 

15 (iii) by striking clause (ii); and 

16 (D) by adding at the end the following: 

17 ‘‘(D) EXPEDITED PROCESS FOR EXTEND18 ING APPROVED WAIVERS TO ADDITIONAL

19 STATES.—The Secretary may establish an expe20 dited procedure for the purpose of extending to 

21 additional States the waiver of statutory or reg22 ulatory requirements that have been approved 

23 for a State pursuant to a request under sub24 paragraph (B), in lieu of requiring the addi25 tional States to meet the requirements of subVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 paragraphs (B) and (C). Such procedure shall 

2 ensure that the extension of such a waiver to 

3 additional States is accompanied by appropriate 

4 conditions relating to the implementation of 

5 such waiver. 

6 ‘‘(E) EXTERNAL CONDITIONS.—The Sec7 retary shall not require or impose new or addi8 tional requirements, that are not specified 

9 under this Act, on a State in exchange for pro10 viding a waiver to the State or a local area in 

11 the State under this paragraph.’’. 

12 SEC. 451. STATE LEGISLATIVE AUTHORITY. 

13 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

14 (1) by striking ‘‘consistent with the provisions 

15 of this title’’ and inserting ‘‘consistent with State 

16 law and the provisions of this title’’; and 

17 (2) by striking ‘‘consistent with the terms and 

18 conditions required under this title’’ and inserting 

19 ‘‘consistent with State law and the terms and condi20 tions required under this title’’. 

21 SEC. 452. GENERAL PROGRAM REQUIREMENTS. 

22 Section 195 (29 U.S.C. 2945) is amended— 

23 (1) in paragraph (7), by inserting at the end 

24 the following: 


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1 ‘‘(D) Funds received under a program by a 

2 public or private nonprofit entity that are not de3 scribed in subparagraph (B), such as funds privately 

4 raised from philanthropic foundations, businesses, or 

5 other private entities, shall not be considered to be 

6 income under this title and shall not be subject to 

7 the requirements of this paragraph.’’; 

8 (2) by striking paragraph (9); 

9 (3) by redesignating paragraphs (10) through 

10 (13) as paragraphs (9) through (12), respectively; 

11 and 

12 (4) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(13) Funds provided under this title shall not 

15 be used to establish or operate stand-alone fee-for16 service enterprises that compete with private sector 

17 employment agencies within the meaning of section 

18 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

19 2000e(c)), except that for purposes of this para20 graph, such an enterprise does not include a one21 stop center. 

22 ‘‘(14) Any report required to be submitted to 

23 Congress, or to a Committee of Congress, under this 

24 title shall be submitted to both the chairmen and 

25 ranking minority members of the Committee on 


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1 Education and the Workforce of the House of Rep2 resentatives and the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate.’’. 

4 SEC. 453. FEDERAL AGENCY STAFF AND RESTRICTIONS ON 

5 POLITICAL AND LOBBYING ACTIVITIES. 

6 Subtitle E of title I (29 U.S.C. 2931 et seq.) is 

7 amended by adding at the end the following new sections: 

8 ‘‘SEC. 196. FEDERAL AGENCY STAFF. 

9 ‘‘The Director of the Office of Management and 

10 Budget shall— 

11 ‘‘(1) not later than 60 days after the date of 

12 the enactment of the SKILLS Act— 

13 ‘‘(A) identify the number of Federal Gov14 ernment employees who, on the day before the 

15 date of enactment of the SKILLS Act, worked 

16 on or administered each of the programs and 

17 activities that were authorized under this Act or 

18 were authorized under a provision listed in sec19 tion 401 of the SKILLS Act; and 

20 ‘‘(B) identify the number of full-time 

21 equivalent employees who on the day before 

22 that date of enactment, worked on or adminis23 tered each of the programs and activities de24 scribed in subparagraph (A), on functions for 

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1 pealed, or for which an amount has been con2 solidated (if such employee is in a duplicate po3 sition), on or after such date of enactment; 

4 ‘‘(2) not later than 90 after such date of enact5 ment, publish the information described in para6 graph (1) on the Office of Management and Budget 

7 website; and 

8 ‘‘(3) not later than 1 year after such date of en9 actment— 

10 ‘‘(A) reduce the workforce of the Federal 

11 Government by the number of full-time equiva12 lent employees identified under paragraph 

13 (1)(B); and 

14 ‘‘(B) submit to Congress a report on how 

15 the Director carried out the requirements of 

16 subparagraph (A). 

17 ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL 

18 ACTIVITIES. 

19 ‘‘(a) LOBBYING RESTRICTIONS.— 

20 ‘‘(1) PUBLICITY RESTRICTIONS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), no funds provided under this Act 

23 shall be used or proposed for use, for— 

24 ‘‘(i) publicity or propaganda purposes; 

25 or 


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1 ‘‘(ii) the preparation, distribution, or 

2 use of any kit, pamphlet, booklet, publica3 tion, electronic communication, radio, tele4 vision, or video presentation designed to 

5 support or defeat the enactment of legisla6 tion before the Congress or any State or 

7 local legislature or legislative body. 

8 ‘‘(B) EXCEPTION.—Subparagraph (A) 

9 shall not apply to— 

10 ‘‘(i) normal and recognized executive11 legislative relationships; 

12 ‘‘(ii) the preparation, distribution, or 

13 use of the materials described in subpara14 graph (A)(ii) in presentation to the Con15 gress or any State or local legislature or 

16 legislative body (except that this subpara17 graph does not apply with respect to such 

18 preparation, distribution, or use in presen19 tation to the executive branch of any State 

20 or local government); or 

21 ‘‘(iii) such preparation, distribution, 

22 or use of such materials, that are designed 

23 to support or defeat any proposed or pend24 ing regulation, administrative action, or 


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1 order issued by the executive branch of any 

2 State or local government. 

3 ‘‘(2) SALARY PAYMENT RESTRICTION.—No 

4 funds provided under this Act shall be used, or pro5 posed for use, to pay the salary or expenses of any 

6 grant or contract recipient, or agent acting for such 

7 recipient, related to any activity designed to influ8 ence the enactment or issuance of legislation, appro9 priations, regulations, administrative action, or an 

10 executive order proposed or pending before the Con11 gress or any State government, or a State or local 

12 legislature or legislative body, other than for normal 

13 and recognized executive-legislative relationships or 

14 participation by an agency or officer of a State, 

15 local, or tribal government in policymaking and ad16 ministrative processes within the executive branch of 

17 that government. 

18 ‘‘(b) POLITICAL RESTRICTIONS.— 

19 ‘‘(1) IN GENERAL.—No funds received by a 

20 participant of a program or activity under this Act 

21 shall be used for— 

22 ‘‘(A) any partisan or nonpartisan political 

23 activity or any other political activity associated 

24 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 CHAPTER 6—STATE UNIFIED PLAN 

14 SEC. 456. 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 Subtitle B—Adult Education and 

10 Family Literacy Education 

11 SEC. 461. AMENDMENT. 

12 Title II (20 U.S.C. 9201 et seq.) is amended to read 

13 as follows: 

14 ‘‘TITLE II—ADULT EDUCATION 

15 AND FAMILY LITERACY EDU16 CATION 

17 ‘‘SEC. 201. SHORT TITLE. 

18 ‘‘This title may be cited as the ‘Adult Education and 

19 Family Literacy Education Act’. 

20 ‘‘SEC. 202. PURPOSE. 

21 ‘‘It is the purpose of this title to provide instructional 

22 opportunities for adults seeking to improve their literacy 

23 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 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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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 paragraph (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; 

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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 

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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 Subtitle C—Amendments to the 

11 Wagner-Peyser Act 

12 SEC. 466. 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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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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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 $63,473,000 for fiscal year 2015 and each of the 6 suc17 ceeding fiscal years.’’. 

18 Subtitle D—Repeals and 

19 Conforming Amendments 

20 SEC. 471. 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. 472. AMENDMENT TO THE COMPREHENSIVE ENVIRON20 MENTAL RESPONSE, COMPENSATION, AND LI21 ABILITY ACT OF 1980. 

22 Section 104(k)(6)(A) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking 

25 ‘‘training, research, and’’ and inserting ‘‘research and’’. 


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1 (a) AMENDMENTS TO THE FOOD AND NUTRITION

2 ACT OF 2008.— 

3 (1) DEFINITION.—Section 3(t) of the Food and 

4 Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amend5 ed— 

6 (A) by striking ‘‘means (1) the agency’’ 

7 and inserting the following: ‘‘means— 

8 ‘‘(A) the agency’’; 

9 (B) by striking ‘‘programs, and (2) the 

10 tribal’’ and inserting the following: ‘‘programs; 

11 ‘‘(B) the tribal’’; 

12 (C) by striking ‘‘this Act.’’ and inserting 

13 the following: ‘‘this Act; and 

14 ‘‘(C) in the context of employment and 

15 training activities under section 6(d)(4), a State 

16 board as defined in section 101 of the Work17 force Investment Act of 1998 (29 U.S.C. 

18 2801).’’. 

19 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 

20 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 

21 amended— 

22 (A) in subsection (d)(14) by striking ‘‘sec23 tion 6(d)(4)(I)’’ and inserting ‘‘section 

24 6(d)(4)(C)’’; and 


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1 (B) in subsection (g)(3), in the first sen2 tence, by striking ‘‘constitutes adequate partici3 pation in an employment and training program 

4 under section 6(d)’’ and inserting ‘‘allows the 

5 individual to participate in employment and 

6 training activities under section 6(d)(4)’’. 

7 (3) ELIGIBILITY DISQUALIFICATIONS.—Section 

8 6(d)(4) of the Food and Nutrition Act of 2008 (7 

9 U.S.C. 2015(d)(4)) is amended to read as follows: 

10 ‘‘(D) EMPLOYMENT AND TRAINING.— 

11 ‘‘(i) IMPLEMENTATION.—Each State 

12 agency shall provide employment and 

13 training services authorized under section 

14 134 of the Workforce Investment Act of 

15 1998 (29 U.S.C. 2864) to eligible members 

16 of households participating in the supple17 mental nutrition assistance program in 

18 gaining skills, training, work, or experience 

19 that will increase their ability to obtain 

20 regular employment. 

21 ‘‘(ii) STATEWIDE WORKFORCE DEVEL22 OPMENT SYSTEM.—Consistent with sub23 paragraph (A), employment and training 

24 services shall be provided through the 

25 statewide workforce development system, 


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1 including the one-stop delivery system au2 thorized by the Workforce Investment Act 

3 of 1998 (29 U.S.C. 2801 et seq.). 

4 ‘‘(iii) REIMBURSEMENTS.— 

5 ‘‘(I) ACTUAL COSTS.—The State 

6 agency shall provide payments or re7 imbursement to participants served 

8 under this paragraph for— 

9 ‘‘(aa) the actual costs of 

10 transportation and other actual 

11 costs (other than dependent care 

12 costs) that are reasonably nec13 essary and directly related to the 

14 individual participating in em15 ployment and training activities; 

16 and 

17 ‘‘(bb) the actual costs of 

18 such dependent care expenses as 

19 are determined by the State 

20 agency to be necessary for the in21 dividual to participate in employ22 ment and training activities 

23 (other than an individual who is 

24 the caretaker relative of a de25 pendent in a family receiving 


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1 benefits under part A of title IV 

2 of the Social Security Act (42 

3 U.S.C. 601 et seq.) in a local 

4 area where an employment, train5 ing, or education program under 

6 title IV of that Act is in oper7 ation), except that no such pay8 ment or reimbursement shall ex9 ceed the applicable local market 

10 rate. 

11 ‘‘(II) SERVICE CONTRACTS AND

12 VOUCHERS.—In lieu of providing re13 imbursements or payments for de14 pendent care expenses under clause 

15 (i), a State agency may, at the option 

16 of the State agency, arrange for de17 pendent care through providers by the 

18 use of purchase of service contracts or 

19 vouchers or by providing vouchers to 

20 the household. 

21 ‘‘(III) VALUE OF REIMBURSE22 MENTS.—The value of any dependent 

23 care services provided for or arranged 

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1 ceived as a payment or reimbursement 

2 under clause (i), shall— 

3 ‘‘(aa) not be treated as in4 come for the purposes of any 

5 other Federal or federally as6 sisted program that bases eligi7 bility for, or the amount of bene8 fits on, need; and 

9 ‘‘(bb) not be claimed as an 

10 employment-related expense for 

11 the purposes of the credit pro12 vided under section 21 of the In13 ternal Revenue Code of 1986 (26 

14 U.S.C. 21).’’. 

15 (4) ADMINISTRATION.—Section 11(e)(19) of 

16 the Food and Nutrition Act of 2008 (7 U.S.C. 

17 2020(e)(11)) is amended to read as follows: 

18 ‘‘(S) the plans of the State agency for pro19 viding employment and training services under 

20 section 6(d)(4);’’. 

21 (5) ADMINISTRATIVE COST-SHARING AND QUAL22 ITY CONTROL.—Section 16(h) of the Food and Nu23 trition Act of 2008 (7 U.S.C. 2025(h)) is amend24 ed— 

25 (A) in paragraph (1)— 


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

2 ‘‘carry out employment and training pro3 grams’’ and inserting ‘‘provide employment 

4 and training services to eligible households 

5 under section 6(d)(4)’’; and 

6 (ii) in subparagraph (D), by striking 

7 ‘‘operating an employment and training 

8 program’’ and inserting ‘‘providing employ9 ment and training services consistent with 

10 section 6(d)(4)’’; 

11 (B) in paragraph (3)— 

12 (i) by striking ‘‘participation in an 

13 employment and training program’’ and in14 serting ‘‘the individual participating in em15 ployment and training activities’’; and 

16 (ii) by striking ‘‘section 

17 6(d)(4)(I)(i)(II)’’ and inserting ‘‘section 

18 6(d)(4)(C)(i)(II)’’; 

19 (C) in paragraph (4), by striking ‘‘for op20 erating an employment and training program’’ 

21 and inserting ‘‘to provide employment and 

22 training services’’; and 

23 (D) by striking paragraph (5) and insert24 ing the following: 

25 ‘‘(E) MONITORING.— 


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1 ‘‘(i) IN GENERAL.—The Secretary, in 

2 conjunction with the Secretary of Labor, 

3 shall monitor each State agency respon4 sible for administering employment and 

5 training services under section 6(d)(4) to 

6 ensure funds are being spent effectively 

7 and efficiently. 

8 ‘‘(ii) ACCOUNTABILITY.—Each pro9 gram of employment and training receiving 

10 funds under section 6(d)(4) shall be sub11 ject to the requirements of the perform12 ance accountability system, including hav13 ing to meet the State performance meas14 ures described in section 136 of the Work15 force Investment Act (29 U.S.C. 2871).’’. 

16 (6) RESEARCH, DEMONSTRATION, AND EVALUA17 TIONS.—Section 17 of the Food and Nutrition Act 

18 of 2008 (7 U.S.C. 2026) is amended— 

19 (A) in subsection (b)— 

20 (i) in paragraph (1)(B)(iv)(III)(dd), 

21 by striking ‘‘, (4)(F)(i), or (4)(K)’’ and in22 serting ‘‘or (4)’’; and 

23 (ii) by striking paragraph (3); and 

24 (B) in subsection (g), in the first sentence 

25 in the matter preceding paragraph (1)— 


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1 (i) by striking ‘‘programs established’’ 

2 and inserting ‘‘activities provided to eligi3 ble households’’; and 

4 (ii) by inserting ‘‘, in conjunction with 

5 the Secretary of Labor,’’ after ‘‘Sec6 retary’’. 

7 (7) MINNESOTA FAMILY INVESTMENT

8 PROJECT.—Section 22(b)(4) of the Food and Nutri9 tion Act of 2008 (7 U.S.C. 2031(b)(4)) is amended 

10 by striking ‘‘equivalent to those offered under the 

11 employment and training program’’. 

12 (b) AMENDMENTS TO SECTION 412 OF THE IMMI13 GRATION AND NATIONALITY ACT.— 

14 (1) CONDITIONS AND CONSIDERATIONS.—Sec15 tion 412(a) of the Immigration and Nationality Act 

16 (8 U.S.C. 1522(a)) is amended— 

17 (A) in paragraph (1)— 

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

19 ‘‘make available sufficient resources for 

20 employment training and placement’’ and 

21 inserting ‘‘provide refugees with the oppor22 tunity to access employment and training 

23 services, including job placement,’’; and 

24 (ii) in subparagraph (B)(ii), by strik25 ing ‘‘services;’’ and inserting ‘‘services proVerDate Mar 15 2010 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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1 vided through the Workforce Investment 

2 Act of 1998 (29 U.S.C. 2801 et seq.);’’; 

3 (B) in paragraph (2)(C)(iii)(II), by insert4 ing ‘‘and training’’ after ‘‘employment’’; 

5 (C) in paragraph (6)(A)(ii)— 

6 (i) by striking ‘‘insure’’ and inserting 

7 ‘‘ensure’’; 

8 (ii) by inserting ‘‘and training’’ after 

9 ‘‘employment’’; and 

10 (iii) by inserting after ‘‘available’’ the 

11 following: ‘‘through the one-stop delivery 

12 system under section 121 of the Workforce 

13 Investment Act of 1998 (29 U.S.C. 

14 2841)’’; and 

15 (D) in paragraph (9), by inserting ‘‘the 

16 Secretary of Labor,’’ after ‘‘Education,’’. 

17 (2) PROGRAM OF INITIAL RESETTLEMENT.— 

18 Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) 

19 is amended— 

20 (A) by striking ‘‘orientation, instruction’’ 

21 and inserting ‘‘orientation and instruction’’; and 

22 (B) by striking ‘‘, and job training for ref23 ugees, and such other education and training of 

24 refugees, as facilitates’’ and inserting ‘‘for refu25 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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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 

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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. 473. 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 Subtitle E—Amendments to the 

2 Rehabilitation Act of 1973 

3 SEC. 476. 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. 477. 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. 478. 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. 479. 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. 480. 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. 481. 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. 482. 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. 483. 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. 484. 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. 485. 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. 486. 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. 487. 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. 488. 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. 489. 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. 490. 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. 491. 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. 492. 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 ‘‘$3,121,712,000 

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 ‘‘$12,240,000 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 $108,817,000 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 ‘‘$35,515,000 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 ‘‘$5,325,000 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 ‘‘$3,258,000 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 ‘‘$7,400,000 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 ‘‘$18,031,000 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 ‘‘$23,359,000 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 ‘‘$79,953,000 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 ‘‘$34,018,000 for fiscal year 2015 and each of the 

15 6 succeeding fiscal years’’. 

16 SEC. 493. 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 Subtitle F—Studies by the 

9 Comptroller General 

10 SEC. 496. 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. 497. 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 02:04 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S2038.IS S2038

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292 

•S 2038 IS

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). 

14 TITLE V—OFFSET 

15 SEC. 501. NONDEFENSE DISCRETIONARY SPENDING. 

16 Section 251(c)(2)(B) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985 is amended by 

18 striking ‘‘$492,356,000,000’’ and inserting 

19 ‘‘$482,356,000,000’’. 

Æ 


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