I 

111TH CONGRESS 

1ST SESSION H. R. 4271 

To reform and strengthen the workforce investment system of the Nation 

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

competitive in the 21st Century. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2009 

Mr. GUTHRIE (for himself, Mr. MCKEON, Mr. SOUDER, Mr. WILSON of South 

Carolina, Mr. HUNTER, and Mr. ROE of Tennessee) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To reform and strengthen the workforce investment system 

of the Nation to put Americans back to work and make 

the United States more competitive in the 21st Century. 

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 ‘‘Workforce Investment 

5 Improvement Act of 2009’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 


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TITLE I—AMENDMENTS TO TITLE I OF THE WORKFORCE 

INVESTMENT ACT OF 1998 

Sec. 101. Definitions. 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

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

Sec. 109. Eligible providers of training services. 

Sec. 110. Eligible providers of Youth Activities. 

Sec. 111. Youth Activities. 

Sec. 112. Programs for adults and Dislocated Workers. 

Sec. 113. Performance accountability system. 

Sec. 114. Authorization of appropriations. 

Sec. 115. Job Corps. 

Sec. 116. Native American programs. 

Sec. 117. Migrant and seasonal farm worker programs. 

Sec. 118. Veterans’ workforce investment programs. 

Sec. 119. Youth challenge grants. 

Sec. 120. Technical assistance. 

Sec. 121. Demonstration, pilot, multiservice, research and multi-state projects. 

Sec. 122. Restoring State and local flexibility to create energy efficiency and renewable energy jobs. 

Sec. 123. Evaluations. 

Sec. 124. National dislocated worker grants. 

Sec. 125. Authorization of appropriations for national activities. 

Sec. 126. Requirements and restrictions. 

Sec. 127. Nondiscrimination. 

Sec. 128. Administrative provisions. 

Sec. 129. State legislative authority. 

Sec. 130. Workforce innovation in regional economic development. 

Sec. 131. General program requirements. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

Sec. 201. Table of contents. 

Sec. 202. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER–PEYSER ACT 

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

TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 401. Findings. 

Sec. 402. Rehabilitation Services Administration. 

Sec. 403. Director. 

Sec. 404. Definitions. 

Sec. 405. State plan. 

Sec. 406. Scope of services. 

Sec. 407. Standards and indicators. 

Sec. 408. Reservation for expanded transition services. 

Sec. 409. Client assistance program. 


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Sec. 410. Protection and advocacy of individual rights. 

Sec. 411. Chairperson. 

Sec. 412. Authorizations of appropriations. 

Sec. 413. Conforming amendment. 

Sec. 414. Helen Keller National Center Act. 

TITLE V—TRANSITION AND EFFECTIVE DATE 

Sec. 501. Transition provisions. 

Sec. 502. Effective date. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the amendment or repeal shall be considered to be 

6 made to a section or other provision of the Workforce In7 vestment Act of 1998 (20 U.S.C. 9201 et seq.). 

8 TITLE I—AMENDMENTS TO 

9 TITLE I OF THE WORKFORCE 

10 INVESTMENT ACT OF 1998 

11 SEC. 101. DEFINITIONS. 

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

13 (1) by striking paragraphs (13) and (24) and 

14 redesignating paragraphs (1) through (12) as para15 graphs (3) through (14), and paragraphs (14) 

16 through (23) as paragraphs (15) through (24), re17 spectively; 

18 (2) by inserting after ‘‘In this title:’’ the fol19 lowing new paragraphs: 

20 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac21 crued expenditures’ means charges incurred by reVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 cipients of funds under this title for a given period 

2 requiring the provision of funds for goods or other 

3 tangible property received; services performed by 

4 employees, contractors, subgrantees, subcontractors, 

5 and other payees; and other amounts becoming owed 

6 under programs assisted under this title for which 

7 no current services or performance is required, such 

8 as annuities, insurance claims, and other benefit 

9 payments. 

10 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad11 ministrative costs’ means expenditures incurred by 

12 State and local workforce investment boards, direct 

13 recipients (including State grant recipients under 

14 subtitle B and recipients of awards under subtitle 

15 D), local grant recipients, local fiscal agents or local 

16 grant subrecipients, and one-stop operators in the 

17 performance of administrative functions and in car18 rying out activities under this title which are not re19 lated to the direct provision of workforce investment 

20 services (including services to participants and em21 ployers). Such costs include both personnel and non22 personnel and both direct and indirect.’’; 

23 (3) by amending paragraph (5) (as so redesig24 nated) to read as follows: 


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1 ‘‘(5) AREA CAREER AND TECHNICAL EDU2 CATION SCHOOL.—The term ‘area career and tech3 nical education school’ has the meaning given the 

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

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

6 2302(3)).’’. 

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

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

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

10 (5) in paragraph (10)(C) (as so redesignated), 

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

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

13 the cost of training, as determined by the local 

14 board (or, in the case of an employer in multiple 

15 local areas in the State, as determined by the Gov16 ernor), taking into account the size of the employer 

17 and such other factors as the local board determines 

18 to be appropriate’’; 

19 (6) in paragraph (11) (as so redesignated)— 

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

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

22 121(e)’’; 

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

24 ‘‘intensive services described in section 


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1 134(d)(3)’’ and inserting ‘‘work ready services 

2 described in section 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 who meets the cri18 teria described in paragraph (12)(B).’’; 

19 (7) in paragraph (12)(A) (as redesignated)— 

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

21 and inserting ‘‘or’’; 

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

23 ‘‘(A)(i)’’; and 

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


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1 ‘‘(ii) is the dependent spouse of a member 

2 of the Armed Forces on active duty for a period 

3 of more than 30 days (as defined in section 

4 101(d)(2) of title 10, United States Code) 

5 whose family income is significantly reduced be6 cause of a deployment (as defined in section 

7 991(b) of title 10, United States Code, or pur8 suant to paragraph (4) of such section), a call 

9 or order to active duty pursuant to a provision 

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

11 title 10, United States Code, a permanent 

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

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

14 States Code) death or disability of the member; 

15 and’’; 

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

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

18 appears; 

19 (9) in paragraph (14) (as so redesignated)— 

20 (A) in subparagraph (A), by striking ‘‘sec21 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

22 and 

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 134(c)(2);’’; 

4 (10) in paragraph (25)— 

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

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

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

8 equivalent period;’’; and 

9 (B) by redesignating subparagraphs (D) 

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

11 respectively, and inserting after subparagraph 

12 (C) the following: 

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

14 or reduced price lunch under the Richard B. 

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

16 1751 et seq.);’’; 

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

19 Micronesia,’’; 

20 (12) by striking paragraph (33) and redesig21 nating paragraphs (34) through (53) as paragraphs 

22 (33) through (52), respectively; 

23 (13) by amending paragraph (48) (as so redes24 ignated) to read as follows: 


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

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

3 title 5, United States Code.’’; and 

4 (14) by amending paragraph (49) (as so redes5 ignated) to read as follows: 

6 ‘‘(49) 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 SEC. 102. PURPOSE. 

12 Section 106 (29 U.S.C. 2811) is amended by insert13 ing at the end the following: ‘‘It is also the purpose of 

14 this subtitle to provide workforce investment activities in 

15 a manner that promotes the informed choice of partici16 pants and actively involves participants in obtaining train17 ing services that will increase their skills and improve their 

18 employment outcomes.’’. 

19 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

20 (a) MEMBERSHIP.— 

21 (1) IN GENERAL.—Section 111(b) (29 U.S.C. 

22 2821(b)) is amended— 

23 (A) by amending paragraph (1)(C) to read 

24 as follows: 


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1 ‘‘(C) representatives appointed by the Gov2 ernor, who are— 

3 ‘‘(i)(I) the lead State agency officials 

4 with responsibility for the programs and 

5 activities that are described in section 

6 121(b) and carried out by one-stop part7 ners; 

8 ‘‘(II) in any case in which no lead 

9 State agency official has responsibility for 

10 such a program or activity, a representa11 tive in the State with expertise relating to 

12 such program or activity; and 

13 ‘‘(III) if not included under subclause 

14 (I), the director of the State unit, defined 

15 in section 7(8)(B) of the Rehabilitation 

16 Act of 1973 (29 U.S.C. 705(8)(B)) except 

17 that in a State that has established 2 or 

18 more designated State units to administer 

19 the vocational rehabilitation program, the 

20 board representative shall be the director 

21 of the designated State unit that serves the 

22 most individuals with disabilities in the 

23 State; 

24 ‘‘(ii) the State agency officials respon25 sible for economic development; 


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1 ‘‘(iii) representatives of business in 

2 the State who— 

3 ‘‘(I) are owners of businesses, 

4 chief executive or operating officers of 

5 businesses, and other business execu6 tives or employers with optimum pol7 icy making or hiring authority, includ8 ing members of local boards described 

9 in section 117(b)(2)(A)(i); 

10 ‘‘(II) represent businesses with 

11 employment opportunities that reflect 

12 employment opportunities in the 

13 State; and 

14 ‘‘(III) are appointed from among 

15 individuals nominated by State busi16 ness organizations and business trade 

17 associations; 

18 ‘‘(iv) chief elected officials (rep19 resenting both cities and counties, where 

20 appropriate); 

21 ‘‘(v) one or more representatives of 

22 labor organizations, who have been nomi23 nated by State labor federations or labor 

24 organizations within the State; and 


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1 ‘‘(vi) such other representatives and 

2 State agency officials as the Governor may 

3 designate.’’; 

4 (B) in paragraph (3), by striking ‘‘para5 graph (1)(C)(i)’’ and inserting ‘‘paragraph 

6 (1)(C)(iii)’’; and 

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

8 ‘‘(4) QUORUM.—A majority of the members of 

9 the State Board who are representatives described in 

10 paragraph (1)(C)(iii) shall be present to constitute a 

11 quorum. The Board may hold hearings without a 

12 quorum, but any recommendation of the Board may 

13 be passed only at a meeting for which there is a 

14 quorum present.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 111(c) (29 U.S.C. 2811(c)) is amended by striking 

17 ‘‘subsection (b)(1)(C)(i)’’ and inserting ‘‘subsection 

18 (b)(1)(C)(iii)’’. 

19 (b) FUNCTIONS.—Section 111(d) (29 U.S.C. 

20 2811(d)) is amended— 

21 (1) in paragraph (2), by striking ‘‘section 

22 134(c)’’ and inserting ‘‘section 121(e)’’; 

23 (2) by amending paragraph (3) to read as fol24 lows: 


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1 ‘‘(3) development and review of statewide poli2 cies affecting the integrated provision of services 

3 through the one-stop delivery system described in 

4 section 121 within the State, including— 

5 ‘‘(A) the development of objective criteria 

6 and procedures for, and the issuance of, certifi7 cations of one-stop centers; 

8 ‘‘(B) the criteria for the allocation of one9 stop center infrastructure funding under section 

10 121(h) and oversight of the use of such funds; 

11 ‘‘(C) policies relating to the appropriate 

12 roles and contributions of one-stop partner pro13 grams within the one-stop delivery system, in14 cluding approaches to facilitating equitable and 

15 efficient cost allocation in the one-stop delivery 

16 system, consistent with section 121; 

17 ‘‘(D) strategies for providing effective out18 reach to individuals and employers who could 

19 benefit from services provided through the one20 stop delivery system; 

21 ‘‘(E) strategies for technology improve22 ments to facilitate access to services provided 

23 through the one-stop delivery system in remote 

24 areas and for individuals with disabilities, which 

25 may be utilized throughout the State; 


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1 ‘‘(F) identification and dissemination of in2 formation on best practices for effective oper3 ation of one-stop centers, including use of inno4 vative business outreach, partnerships, and 

5 service delivery strategies, including for hard-to6 serve populations; and 

7 ‘‘(G) carrying out of such other matters as 

8 may promote statewide objectives for, and en9 hance the performance of, the one-stop delivery 

10 system;’’; 

11 (3) in paragraph (5), by striking ‘‘128(b)(3)(B) 

12 and 133(b)(3)(B)’’ and inserting ‘‘sections 128(b)(3) 

13 and 133(b)(3)’’; 

14 (4) in paragraph (8)— 

15 (A) by striking ‘‘employment statistics sys16 tem’’ and inserting ‘‘workforce and labor mar17 ket information system’’; and 

18 (B) by striking ‘‘and’’ after the semicolon; 

19 (5) in paragraph (9)— 

20 (A) by striking ‘‘section 503’’ and insert21 ing ‘‘section 136(i)’’; and 

22 (B) by striking the period and inserting ‘‘; 

23 and’’; and 

24 (6) by inserting the following new paragraph 

25 after paragraph (9): 


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1 ‘‘(10) reviewing and providing comment on the 

2 State plans of all one-stop partner programs, where 

3 applicable, in order to provide effective strategic 

4 leadership in the development of a high-quality, com5 prehensive statewide workforce investment system.’’. 

6 (c) ALTERNATIVE ENTITY.—Section 111(e) (29 

7 U.S.C. 2821(e)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘For’’ and inserting ‘‘Subject 

11 to paragraph (3), for’’; and 

12 (B) in subparagraph (C), by inserting ‘‘one 

13 or more’’ after ‘‘State and’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(3) FAILURE TO MEET PERFORMANCE MEAS16 URES.—If a State fails to have performed success17 fully, as defined in section 116(a)(2), the Secretary 

18 may require the State to establish a State board in 

19 accordance with subsections (a), (b), and (c) in lieu 

20 of the alternative entity established under paragraph 

21 (1).’’. 

22 (d) CONFLICT OF INTEREST.—Section 111(f)(1) (29 

23 U.S.C. 2821(f)(1)) is amended by inserting ‘‘or participate 

24 in action taken’’ after ‘‘vote’’. 


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1 (e) SUNSHINE PROVISION.—Section 111(g) (29 

2 U.S.C. 2821(g)) is amended— 

3 (1) by inserting ‘‘, and modifications to the 

4 State plan,’’ after ‘‘State plan’’; and 

5 (2) by inserting ‘‘, and modifications to the 

6 State plan’’ after ‘‘the plan’’. 

7 (f) AUTHORITY TO HIRE STAFF.—Section 111 (29 

8 U.S.C. 2821) is further amended by inserting at the end 

9 the following: 

10 ‘‘(h) AUTHORITY TO HIRE STAFF.—The State Board 

11 may hire staff to assist in carrying out the functions de12 scribed in subsection (d).’’. 

13 SEC. 104. STATE PLAN. 

14 (a) PLANNING CYCLE.—Section 112(a) (29 U.S.C. 

15 2822(a)) is amended by striking ‘‘5-year strategy’’ and in16 serting ‘‘2-year strategy’’. 

17 (b) CONTENTS.—Section 112(b) (29 U.S.C. 2822(b)) 

18 is amended— 

19 (1) by amending paragraph (7) to read as fol20 lows: 

21 ‘‘(7) a description of the State criteria for de22 termining the eligibility of training providers in ac23 cordance with section 122, including how the State 

24 will take into account the performance of providers 


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1 and whether the training programs relate to occupa2 tions that are in demand;’’; 

3 (2) in paragraph (8)— 

4 (A) in subparagraph (A)— 

5 (i) in clause (ix), by striking ‘‘and’’ 

6 after the semicolon; and 

7 (ii) by adding the following new clause 

8 after clause (x): 

9 ‘‘(xi) programs authorized under title 

10 II of the Social Security Act (42 U.S.C. 

11 401 et seq.) (related to Federal old-age, 

12 survivors, and disability insurance bene13 fits), title XVI of such Act (42 U.S.C. 

14 1381 et seq.) (relating to supplemental se15 curity income), title XIX of such Act (42 

16 U.S.C. 1396 et seq.) (relating to Med17 icaid), and title XX of such Act (42 U.S.C. 

18 1397 et seq.) (relating to block grants to 

19 States for social services), programs au20 thorized under title VII of the Rehabilita21 tion Act of 1973 (29 U.S.C. 796 et seq.), 

22 and programs carried out by State agen23 cies relating to mental retardation and de24 velopmental disabilities; and’’; and 


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1 (B) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) a description of common data collec4 tion and reporting processes used for the pro5 grams and activities described in subparagraph 

6 (A) that are one-stop partners, including assur7 ances that such processes utilize quarterly wage 

8 records for performance measures relating to 

9 entry into employment, retention in employ10 ment, and average earnings that are applicable 

11 to such programs or activities, or, if such 

12 records are not being used, an identification of 

13 the barriers to such use and a description of 

14 how the State will address such barriers within 

15 one year of the approval of the plan;’’; 

16 (3) in paragraph (11), by inserting ‘‘, including 

17 controls and procedures to ensure that the limita18 tions on the costs of administration are not exceed19 ed’’; 

20 (4) in paragraph (12)(A)— 

21 (A) by striking ‘‘sections 128(b)(3)(B) and 

22 133(b)(3)(B)’’ and inserting ‘‘sections 

23 128(b)(3) and 133(b)(3)’’; and 

24 (B) by inserting ‘‘and’’ at the end of clause 

25 (ii); 


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1 (5) in paragraph (12)(B), by striking ‘‘and’’ at 

2 the end; 

3 (6) by striking paragraph (12)(C); 

4 (7) in paragraph (14), by striking ‘‘section 

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

6 (8) in paragraph (17)(A)— 

7 (A) in clause (iii) by striking ‘‘and’’; 

8 (B) by amending clause (iv) to read as fol9 lows: 

10 ‘‘(iv) how the State will serve the em11 ployment and training needs of dislocated 

12 workers (including displaced homemakers), 

13 low income individuals (including recipients 

14 of public assistance), individuals with lim15 ited English proficiency, homeless individ16 uals, individuals training for nontraditional 

17 employment, and other individuals with 

18 multiple barriers to employment (including 

19 older individuals); and’’; and 

20 (C) by inserting after clause (iv) the fol21 lowing: 

22 ‘‘(v) how the State will serve the em23 ployment and training needs of individuals 

24 with disabilities, consistent with section 

25 188 and Executive Order 13217 (42 


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1 U.S.C. 12131 note; relating to community2 based alternatives for individuals with dis3 abilities) including the provision of out4 reach, intake, assessments, and service de5 livery, the development of performance 

6 measures established under section 136, 

7 the training of staff, and other aspects of 

8 accessibility to program services, consistent 

9 with sections 504 and 508 of the Rehabili10 tation Act of 1973; and’’; 

11 (9) in paragraph (17)(B), by striking ‘‘to the 

12 extent practicable’’ and inserting ‘‘in accordance 

13 with the requirements of the Jobs for Veterans Act 

14 (Public Law 107–288)’’; 

15 (10) in paragraph (18)(D), by striking ‘‘youth 

16 opportunity grants’’ and inserting ‘‘youth challenge 

17 grants’’; and 

18 (11) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(19) a description of the process and method21 ology for determining one-stop partner program con22 tributions for the cost of the infrastructure of one23 stop centers under section 121(h)(1) and of the for24 mula for allocating such infrastructure funds to local 

25 areas under section 121(h)(3); 


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1 ‘‘(20) a description of the strategies and pro2 grams providing outreach to businesses, identifying 

3 workforce needs of businesses in the State, and en4 suring that such needs will be met (including the 

5 needs of small businesses), which may include— 

6 ‘‘(A) implementing innovative programs 

7 and strategies designed to meet the needs of all 

8 businesses in the State, including small busi9 nesses, which may include incumbent worker 

10 training programs, sectoral and industry cluster 

11 strategies, regional skills alliances, career ladder 

12 programs, utilization of effective business inter13 mediaries, and other business services and 

14 strategies that better engage employers in 

15 workforce investment activities and make the 

16 statewide workforce investment system more 

17 relevant to the needs of State and local busi18 nesses, consistent with the objectives of this 

19 title; and 

20 ‘‘(B) providing incentives and technical as21 sistance to assist local areas in more fully en22 gaging all employers, including small employers, 

23 in local workforce investment activities, to make 

24 the workforce investment system more relevant 

25 to the needs of area businesses, and to better 


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1 coordinate workforce investment, economic de2 velopment, and post-secondary education and 

3 training efforts to contribute to the economic 

4 well-being of the local area and region, as deter5 mined appropriate by the local board; 

6 ‘‘(21) a description of how the State will utilize 

7 technology to facilitate access to services in remote 

8 areas, which may be utilized throughout the State; 

9 ‘‘(22) a description of the State strategy and 

10 assistance to be provided for encouraging regional 

11 cooperation within the State and across State bor12 ders as appropriate; and 

13 ‘‘(23) a description of the actions that will be 

14 taken by the State to foster communication and 

15 partnerships with non-profit organizations (including 

16 community, faith-based, and philanthropic organiza17 tions) that provide employment-related, training, 

18 and complementary services, in order to enhance the 

19 quality and comprehensiveness of services available 

20 to participants under this title.’’. 

21 (c) PLAN SUBMISSION AND APPROVAL.—Section 

22 112(c) (29 U.S.C. 2822(c)) is amended by striking ‘‘pe23 riod, that’’ and all that follows through paragraph (2) and 

24 inserting ‘‘period, that the plan is inconsistent with the 

25 provisions of this title’’. 


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1 (d) MODIFICATION TO PLAN.—Section 112(d) (29 

2 U.S.C. 2822(d)) is amended by striking ‘‘5-year period’’ 

3 and inserting ‘‘2-year period’’. 

4 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

5 (a) DESIGNATION OF AREAS.— 

6 (1) CONSIDERATIONS.—Section 116(a)(1) (29 

7 U.S.C. 2831(a)(1)) is amended— 

8 (A) in subparagraph (A), by striking 

9 ‘‘paragraphs (2), (3), and (4)’’ and inserting 

10 ‘‘paragraphs (2) and (3)’’; and 

11 (B) in subparagraph (B), by adding at the 

12 end the following: 

13 ‘‘(vi) The extent to which such local 

14 areas will promote maximum effectiveness 

15 in the administration and provision of serv16 ices.’’. 

17 (2) AUTOMATIC DESIGNATION.—Section 

18 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to 

19 read as follows: 

20 ‘‘(2) AUTOMATIC DESIGNATION.— 

21 ‘‘(A) IN GENERAL.—The Governor shall 

22 approve a request for designation as a local 

23 area that is submitted prior to the submission 

24 of the State plan, or of a modification to the 


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1 State plan relating to area designation, from 

2 any area that— 

3 ‘‘(i) is a unit of general local govern4 ment with a population of 500,000 or 

5 more, except that after the initial 2-year 

6 period following such designation pursuant 

7 to this clause that occurs after the date of 

8 enactment of the Workforce Investment 

9 Improvement Act of 2009, the Governor 

10 shall only be required to approve a request 

11 for designation from such area if such 

12 area— 

13 ‘‘(I) performed successfully; and 

14 ‘‘(II) sustained fiscal integrity; 

15 ‘‘(ii) was a local area under this title 

16 for the preceding 2-year period, if such 

17 local area— 

18 ‘‘(I) performed successfully; and 

19 ‘‘(II) sustained fiscal integrity; 

20 ‘‘(iii) is served by a rural concentrated 

21 employment program grant recipient, ex22 cept that after the initial 2-year period fol23 lowing any such designation under the ini24 tial State plan submitted after the date of 

25 enactment of the Workforce Investment 


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1 Improvement Act of 2009, the Governor 

2 shall only be required to approve a request 

3 for designation under this clause for such 

4 area if such area— 

5 ‘‘(I) performed successfully; and 

6 ‘‘(II) sustained fiscal integrity; or 

7 ‘‘(iv) was a local area under section 

8 116(a)(2)(C) (as in effect on the day be9 fore the date of enactment of the Work10 force Investment Improvement Act of 

11 2009), except that after the initial 2-year 

12 period following such designation pursuant 

13 to this clause that occurs after that date of 

14 enactment, the Governor shall only be re15 quired to approve a request for designation 

16 under this clause for such area if such 

17 area— 

18 ‘‘(I) performed successfully; and 

19 ‘‘(II) sustained fiscal integrity. 

20 ‘‘(B) DEFINITIONS.—For purposes of this 

21 paragraph: 

22 ‘‘(i) PERFORMED SUCCESSFULLY.— 

23 The term ‘performed successfully’, when 

24 used with respect to a local area, means 

25 the local area performed at 80 percent or 


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1 more of the adjusted level of performance 

2 for core indicators of performance de3 scribed in section 136(b)(2)(A) for 2 con4 secutive years. 

5 ‘‘(ii) SUSTAINED FISCAL INTEG6 RITY.—The term ‘sustained fiscal integ7 rity’, used with respect to an area, means 

8 that the Secretary has not made a formal 

9 determination during the preceding 2-year 

10 period that either the grant recipient or 

11 the administrative entity of the area mis12 expended funds provided under this title 

13 due to willful disregard of the requirements 

14 of the Act involved, gross negligence, or 

15 failure to comply with accepted standards 

16 of administration.’’. 

17 (3) CONFORMING AMENDMENTS.—Section 

18 116(a) (29 U.S.C. 2831(a)) is amended— 

19 (A) by striking paragraph (3); and 

20 (B) by redesignating paragraphs (4) and 

21 (5) as paragraph (3) and (4), respectively. 

22 (b) SINGLE LOCAL AREA STATES.—Section 116(b) 

23 (29 U.S.C. 2831(b)) is amended to read as follows: 

24 ‘‘(b) SINGLE LOCAL AREA STATES.— 


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1 ‘‘(1) CONTINUATION OF PREVIOUS DESIGNA2 TION.—Notwithstanding subsection (a), the Gov3 ernor of any State that was a single local area for 

4 purposes of this title as of December 1, 2009, may 

5 continue to designate the State as a single local area 

6 for purposes of this title if the Governor identifies 

7 the State as a local area in the State plan under sec8 tion 112(b)(5). 

9 ‘‘(2) NEW DESIGNATION.—The Governor of a 

10 State not described in paragraph (1) may designate 

11 the State as a single local area if, prior to the sub12 mission of the State plan or modification to such 

13 plan so designating the State, no local area meeting 

14 the requirements for automatic designation under 

15 subsection (a) requests such designation as a sepa16 rate local area. 

17 ‘‘(3) EFFECT ON LOCAL PLAN.—In any case in 

18 which the local area is the State pursuant to this 

19 subsection, the local plan under section 118 shall be 

20 submitted to the Secretary for approval as part of 

21 the State plan under section 112.’’. 

22 (c) REGIONAL PLANNING.—Section 116(c) (29 

23 U.S.C. 2831(c)) is amended— 

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

25 following: ‘‘The State may require the local boards 


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1 for the designated region to prepare a single regional 

2 plan that incorporates the elements of the local plan 

3 under section 118 and that is submitted and ap4 proved in lieu of separate local plans under such sec5 tion.’’; and 

6 (2) in paragraph (2), by striking ‘‘employment 

7 statistics’’ and inserting ‘‘workforce and labor mar8 ket information’’. 

9 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

10 (a) COMPOSITION.—Section 117(b)(2) (29 U.S.C. 

11 2832(b)(2)) is amended— 

12 (1) in subparagraph (A)— 

13 (A) in clause (i)(II), by inserting ‘‘, busi14 nesses that are in the leading industries in the 

15 local area, and large and small businesses in 

16 the local area’’ after ‘‘local area’’; 

17 (B) by amending clause (ii) to read as fol18 lows: 

19 ‘‘(ii) a superintendent of the local sec20 ondary school system, the president or 

21 chief executive officer of a post-secondary 

22 educational institution (including commu23 nity colleges, where such entities exist), 

24 and an administrator of local entities proVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 viding adult education and literacy activi2 ties;’’; 

3 (C) in clause (iii)— 

4 (i) by striking ‘‘representatives’’ and 

5 inserting ‘‘one or more representatives’’; 

6 and 

7 (ii) by inserting ‘‘or by labor organiza8 tions in the local area’’ after ‘‘federations’’; 

9 (D) in clause (iv)— 

10 (i) by striking ‘‘representatives’’ and 

11 inserting ‘‘one or more representatives’’; 

12 and 

13 (ii) by striking the semicolon and in14 serting ‘‘and faith-based organizations; 

15 and’’; 

16 (E) in clause (v) by inserting ‘‘one or 

17 more’’ before ‘‘representatives’’; and 

18 (F) by striking clause (vi); 

19 (2) in subparagraph (B), by striking the period 

20 and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following subpara22 graph: 

23 ‘‘(C) except for the individuals described in 

24 subparagraph (A)(ii), shall not include any indi25 vidual who is employed by an entity receiving 


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1 funds for the provision of services under chap2 ters 4 or 5.’’. 

3 (b) AUTHORITY OF BOARD MEMBERS.—Section 

4 117(b)(3) (29 U.S.C. 2832(b) is amended— 

5 (1) in the heading, by inserting ‘‘AND REP6 RESENTATION’’ after ‘‘MEMBERS’’; and 

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

8 ‘‘(6) QUORUM.—A majority of the members of 

9 the local board who are representatives described in 

10 paragraph (1)(A)(i) shall be present to constitute a 

11 quorum. The Board may hold hearings without a 

12 quorum, but any recommendation of the Board may 

13 be passed only at a meeting for which there is a 

14 quorum present.’’. 

15 (c) FUNCTIONS.—Section 117(d) (29 U.S.C. 

16 2832(d)) is amended— 

17 (1) in paragraph (2)(B), by striking ‘‘by award18 ing grants’’ and all that follows through ‘‘youth 

19 council’’; 

20 (2) by striking paragraph (2)(D) and inserting 

21 the following: 

22 ‘‘(D) IDENTIFICATION OF ELIGIBLE PRO23 VIDERS OF WORK READY SERVICES.—If the 

24 one-stop operator does not provide the work 

25 ready services described in section 134(c)(2) in 


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1 the local area, the local board shall identify eli2 gible providers of such services in the local area 

3 by awarding contracts.’’; 

4 (3) in paragraph (3)(B) by striking clause (ii) 

5 and inserting the following: 

6 ‘‘(ii) STAFF.—The local board may 

7 employ staff to assist in carrying out the 

8 functions described in this subsection.’’; 

9 (4) in paragraph (4) by inserting ‘‘, and ensure 

10 the appropriate use and management of the funds 

11 provided under this title for such programs, activi12 ties, and system’’ after ‘‘area’’; 

13 (5) in paragraph (6)— 

14 (A) by striking ‘‘EMPLOYMENT STATISTICS

15 SYSTEM’’ and inserting ‘‘WORKFORCE AND

16 LABOR MARKET INFORMATION SYSTEM’’; and 

17 (B) by striking ‘‘employment statistics sys18 tem’’ and inserting ‘‘workforce and labor mar19 ket information system’’; 

20 (6) by amending paragraph (8) to read as fol21 lows: 

22 ‘‘(8) CONVENING, BROKERING, AND

23 LEVERAGING.—The local board shall support a com24 prehensive workforce investment system for the local 

25 area and promote the participation by private sector 


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1 employers, service providers, and other stakeholders 

2 in such system. The Board shall ensure the effective 

3 provision, through the system, of convening, 

4 brokering, and leveraging activities, through inter5 mediaries such as the one-stop operator in the local 

6 area or through other organizations, to assist such 

7 employers in meeting hiring needs. Such activities 

8 may include— 

9 ‘‘(A) convening private sector employers, 

10 including small employers, labor, economic de11 velopment, and education leaders in the area to 

12 align system missions and services, and to iden13 tify and meet the employment, education, and 

14 skills training needs of the local area in support 

15 of regional and local economic growth strate16 gies; 

17 ‘‘(B) providing leadership in the design 

18 and implementation of a comprehensive work19 force development system that extends beyond 

20 those programs authorized under title I of this 

21 Act (including programs identified in section 

22 121(b)) for the local area; 

23 ‘‘(C) brokering relationships and service 

24 arrangements across system stakeholders and 

25 partners; and 


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1 ‘‘(D) leveraging resources other than those 

2 provided under title I of this Act, including 

3 public and private resources, to significantly ex4 pand resources available for employment and 

5 training activities identified as necessary in the 

6 local area.’’; and 

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

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

9 board shall develop strategies for technology im10 provements to facilitate access to services, in remote 

11 areas, for services authorized under this subtitle and 

12 carried out in the local area.’’. 

13 (d) LIMITATIONS.—Section 117(f) (29 U.S.C. 

14 2832(f)) is amended by striking paragraph (2) and insert15 ing the following: 

16 ‘‘(2) WORK READY SERVICES, DESIGNATION, OR

17 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

18 board may provide work ready services described in 

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

20 described in section 121 or be designated or certified 

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

22 the chief elected official and the Governor.’’. 

23 (e) CONFLICT OF INTEREST.—Section 117(g)(1) (29 

24 U.S.C. 2832(g)(1)) is amended by inserting ‘‘or partici25 pate in action taken’’ after ‘‘vote’’. 


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1 (f) AUTHORITY TO ESTABLISH COUNCILS AND

2 ELIMINATION OF REQUIREMENT FOR YOUTH COUN3 CILS.—Section 117(h) (29 U.S.C. 2832(h)) is amended to 

4 read as follows: 

5 ‘‘(h) ESTABLISHMENT OF COUNCILS.—The local 

6 board may establish councils to provide information and 

7 advice to assist the local board in carrying out activities 

8 under this title. Such councils may include a council com9 posed of one-stop partners to advise the local board on 

10 the operation of the one-stop delivery system, a youth 

11 council composed of experts and stakeholders in youth 

12 programs to advise the local board on activities for youth, 

13 and such other councils as the local board determines are 

14 appropriate.’’. 

15 (g) ALTERNATIVE ENTITY PROVISION.—Section 117 

16 (29 U.S.C. 2832) is amended— 

17 (1) in subsection (c)(1)(C), by striking ‘‘section 

18 116(a)(2)(B)’’ and inserting ‘‘section 

19 116(a)(2)(A)(iii)’’; 

20 (2) in subsection (f)(1)(A), by striking ‘‘section 

21 134(d)(4)’’ and inserting ‘‘section 134(c)(4)’’; 

22 (3) in subsection (i)(1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘, and paragraphs (1) and (2) 

25 of subsection (h),’’; 


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1 (B) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) was in existence on August 7, 1998, 

4 pursuant to State law; and’’; 

5 (C) by striking subparagraph (C); 

6 (D) by redesignating subparagraph (D) as 

7 subparagraph (C); and 

8 (E) in subparagraph (C) (as redesignated), 

9 by inserting ‘‘one or more’’ before ‘‘representa10 tives’’. 

11 SEC. 107. LOCAL PLAN. 

12 (a) PLANNING CYCLE.—Section 118(a) (29 U.S.C. 

13 2833(a)) is amended by striking ‘‘5-year’’ and inserting 

14 ‘‘2-year’’. 

15 (b) CONTENTS.—Section 118(b) (29 U.S.C. 2833(b)) 

16 is amended— 

17 (1) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) a description of the one-stop delivery sys20 tem to be established or designated in the local area, 

21 including a description of how the local board will 

22 ensure the continuous improvement of eligible pro23 viders of services through the system and ensure 

24 that such providers meet the employment needs of 

25 local employers and participants;’’; 


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1 (2) in paragraph (4), by inserting before the 

2 semicolon ‘‘, including a description of how the local 

3 area will implement the requirements of section 

4 134(c)(4)(G) relating to ensuring that training serv5 ices are linked to occupations that are in demand’’; 

6 (3) in paragraph (5), by striking ‘‘statewide 

7 rapid response activities’’ and inserting ‘‘statewide 

8 activities’’; 

9 (4) in paragraph (9), by striking ‘‘; and’’ and 

10 inserting a semicolon; and 

11 (5) by redesignating paragraph (10) as para12 graph (13) and inserting after paragraph (9) the fol13 lowing: 

14 ‘‘(10) a description of the strategies and serv15 ices that will be initiated in the local area to more 

16 fully engage all employers, including small employ17 ers, in workforce investment activities, to make the 

18 workforce investment system more relevant to the 

19 needs of area businesses, and to better coordinate 

20 workforce investment and economic development ef21 forts, which may include the implementation of inno22 vative initiatives such as incumbent worker training 

23 programs, sectoral and industry cluster strategies, 

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1 mediaries, and other business services and strategies 

2 designed to meet the needs of area employers and 

3 contribute to the economic well-being of the local 

4 area, as determined appropriate by the local board, 

5 consistent with the objectives of this title; 

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

7 facilitate access to services provided through the 

8 one-stop delivery system involved in remote areas, 

9 including facilitating access through the use of tech10 nology, as appropriate; 

11 ‘‘(12) how the local area will serve the employ12 ment and training needs of individuals with disabil13 ities, consistent with section 188 and Executive 

14 Order 13217 (42 U.S.C. 12131 note) including the 

15 provision of outreach, intake, assessments, and serv16 ice delivery, the development of performance meas17 ures, the training of staff, and other aspects of ac18 cessibility to program services, consistent with sec19 tions 504 and 508 of the Rehabilitation Act of 1973; 

20 and’’. 

21 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS22 TEMS. 

23 (a) ONE-STOP PARTNERS.— 

24 (1) REQUIRED PARTNERS.—Section 121(b)(1) 

25 (29 U.S.C. 2841(b)(1)) is amended— 


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1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) ROLES AND RESPONSIBILITIES OF

4 ONE-STOP PARTNERS.—Each entity that carries 

5 out a program or activities described in sub6 paragraph (B) shall— 

7 ‘‘(i) provide access through the one8 stop delivery system to the programs and 

9 activities carried out by the entity, includ10 ing making the work ready services de11 scribed in section 134(c)(2) that are appli12 cable to the program of the entity available 

13 at the one-stop centers (in addition to any 

14 other appropriate locations); 

15 ‘‘(ii) use a portion of the funds avail16 able to the program of the entity to main17 tain the one-stop delivery system, including 

18 payment of the infrastructure costs of one19 stop centers in accordance with subsection 

20 (h); 

21 ‘‘(iii) enter into a local memorandum 

22 of understanding with the local board re23 lating to the operation of the one-stop sys24 tem that meets the requirements of sub25 section (c); 


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1 ‘‘(iv) participate in the operation of 

2 the one-stop system consistent with the 

3 terms of the memorandum of under4 standing, the requirements of this title, 

5 and the requirements of the Federal laws 

6 authorizing the programs carried out by 

7 the entity; and 

8 ‘‘(v) provide representation on the 

9 State board to the extent provided under 

10 section 111.’’; 

11 (B) in subparagraph (B)— 

12 (i) by striking clauses (ii) and (v); 

13 (ii) by redesignating clauses (iii) and 

14 (iv) as clauses (ii) and (iii), respectively, 

15 and by redesignating clauses (vi) through 

16 (xii) as clauses (iv) through (x), respec17 tively; 

18 (iii) in clause (ix) (as so redesig19 nated), by striking ‘‘and’’ at the end; 

20 (iv) in clause (x) (as so redesignated), 

21 by striking the period and inserting ‘‘; 

22 and’’; and 

23 (v) by inserting after clause (x)(as so 

24 redesignated) the following: 


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1 ‘‘(xi) programs authorized under part 

2 A of title IV of the Social Security Act (42 

3 U.S.C. 601 et seq.), subject to subpara4 graph (C); and 

5 ‘‘(xii) programs authorized under sec6 tion 6(d)(4) of the Food Stamp Act of 

7 1977 (7 U.S.C. 2015(d)(4)), subject to 

8 subparagraph (C).’’; and 

9 (C) by adding after subparagraph (B) the 

10 following: 

11 ‘‘(C) DETERMINATION BY THE GOV12 ERNOR.—The program referred to in clauses 

13 (xi) and (xii) of subparagraph (B) shall be in14 cluded as a required partner for purposes of 

15 this title in a State unless the Governor of the 

16 State notifies the Secretary and the Secretary 

17 of Health and Human Services (in the case of 

18 the program referred to in clause (xi) of sub19 paragraph (B)), or the Secretary and the Sec20 retary of Agriculture (in the case of the pro21 gram referred to in clause (xii) of subparagraph 

22 (B)) in writing of a determination by the Gov23 ernor not to include such programs as required 

24 partners for purposes of this title in the 

25 State.’’. 


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1 (2) ADDITIONAL PARTNERS.—Section 121(b)(2) 

2 (29 U.S.C. 2841(b)(2)) is amended— 

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

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

5 134(c)(2)’’; and 

6 (B) by amending subparagraph (B) to read 

7 as follows: 

8 ‘‘(B) PROGRAMS.—The programs referred 

9 to in subparagraph (A) may include— 

10 ‘‘(i) employment and training pro11 grams administered by the Social Security 

12 Administration, including the Ticket to 

13 Work program (established by Public Law 

14 106–170); 

15 ‘‘(ii) employment and training pro16 grams carried out by the Small Business 

17 Administration; 

18 ‘‘(iii) programs under part D of title 

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

20 451 et seq.) (relating to child support en21 forcement); 

22 ‘‘(iv) employment, training, and lit23 eracy services carried out by public librar24 ies; 


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1 ‘‘(v) programs carried out in the local 

2 area for individuals with disabilities, in3 cluding programs carried out by State 

4 agencies relating to mental health, mental 

5 retardation, and developmental disabilities, 

6 State Medicaid agencies, State Inde7 pendent Living Councils, and Independent 

8 Living Centers; 

9 ‘‘(vi) programs authorized under the 

10 National and Community Service Act of 

11 1990 (42 U.S.C. 1250 et seq.); 

12 ‘‘(vii) cooperative extension programs 

13 carried out by the Department of Agri14 culture; and 

15 ‘‘(viii) other appropriate Federal, 

16 State, or local programs, including pro17 grams in the private sector.’’. 

18 (b) LOCAL MEMORANDUM OF UNDERSTANDING.— 

19 Section 121(c)(2)(A) (29 U.S.C. 2841(c)(2)(A)) is amend20 ed to read as follows: 

21 ‘‘(A) provisions describing— 

22 ‘‘(i) the services to be provided 

23 through the one-stop delivery system con24 sistent with the requirements of this sec25 tion, including the manner in which the 


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1 services will be coordinated through such 

2 system; 

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

4 and the operating costs of such system will 

5 be funded, through cash and in-kind con6 tributions, to provide a stable and equi7 table funding stream for ongoing one-stop 

8 system operations, including the funding of 

9 the infrastructure costs of one-stop centers 

10 in accordance with subsection (h); 

11 ‘‘(iii) methods of referral of individ12 uals between the one-stop operator and the 

13 one-stop partners for appropriate services 

14 and activities; and 

15 ‘‘(iv) the duration of the memo16 randum of understanding and the proce17 dures for amending the memorandum dur18 ing the term of the memorandum, and as19 surances that such memorandum shall be 

20 reviewed not less than once every 2-year 

21 period to ensure appropriate funding and 

22 delivery of services; and’’. 

23 (c) PROVISION OF SERVICES.—Section 121 (29 

24 U.S.C. 2841) is further amended— 

25 (1) in subsection (d)— 


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1 (A) in paragraph (2), by striking ‘‘section 

2 134(c)’’ and inserting ‘‘subsection (e)’’; and 

3 (B) in paragraph (3), by striking ‘‘voca4 tional’’ and inserting ‘‘career and technical’’; 

5 and 

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

8 ‘‘(c) ESTABLISHMENT OF ONE-STOP DELIVERY SYS9 TEM.— 

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

11 in a State that receives an allotment under section 

12 132(b) a one-stop delivery system, which— 

13 ‘‘(A) shall provide the work ready services 

14 described in section 134(c)(2); 

15 ‘‘(B) shall provide access to training serv16 ices as described in section 134(c), including 

17 serving as the point of access to career en18 hancement accounts for training services to 

19 participants in accordance with paragraph 

20 (4)(G) of such section; 

21 ‘‘(C) shall provide access to the activities 

22 carried out under section 134(d), if any; 

23 ‘‘(D) shall provide access to programs and 

24 activities carried out by one-stop partners and 

25 described in subsection (b); and 


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1 ‘‘(E) shall provide access to the informa2 tion described in section 15(e) of the Wagner3 Peyser Act (29 U.S.C. 49l–2(e)). 

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

5 one-stop delivery system— 

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

7 services, and activities described in paragraph 

8 (1) accessible at not less than one physical cen9 ter in each local area of the State; and 

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

11 and activities described in paragraph (1) avail12 able— 

13 ‘‘(i) through a network of affiliated 

14 sites that can provide one or more of the 

15 programs, services, and activities to indi16 viduals; and (ii) through a network of eligi17 ble one-stop partners— 

18 ‘‘(I) in which each partner pro19 vides one or more of the programs, 

20 services, and activities to such individ21 uals and is accessible at an affiliated 

22 site that consists of a physical loca23 tion or an electronically or techno24 logically linked access point; and 


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1 ‘‘(II) that assures individuals 

2 that information on the availability of 

3 the work ready services will be avail4 able regardless of where the individ5 uals initially enter the statewide work6 force investment system, including in7 formation made available through an 

8 access point described in subclause 

9 (I). 

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

11 sites described in paragraph (2) may have a speciali12 zation in addressing special needs, such as the needs 

13 of dislocated workers.’’. 

14 (d) CERTIFICATION AND FUNDING OF ONE-STOP

15 CENTERS.—Section 121 (as amended by subsections (b) 

16 and (c)) is further amended by adding at the end the fol17 lowing new subsections: 

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

19 ‘‘(1) IN GENERAL.— 

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

21 establish objective procedures and criteria for 

22 periodically certifying one-stop centers for the 

23 purpose of awarding the one-stop infrastructure 

24 funding described in subsection (h). 


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1 ‘‘(B) CRITERIA.—The criteria for certifi2 cation under this subsection shall include— 

3 ‘‘(i) meeting all of the expected levels 

4 of performance for each of the core indica5 tors of performance as outlined in the 

6 State plan, according to section 112; 

7 ‘‘(ii) meeting minimum standards re8 lating to the scope and degree of service 

9 integration achieved by the centers involv10 ing the programs provided by the one-stop 

11 partners; and 

12 ‘‘(iii) meeting minimum standards re13 lating to how the centers ensure that pro14 viders meet the employment needs of local 

15 employers and participants. 

16 ‘‘(C) EFFECT OF CERTIFICATION.—One17 stop centers certified under this subsection shall 

18 be eligible to receive the infrastructure grants 

19 authorized under subsection (h). 

20 ‘‘(2) LOCAL BOARDS.—Consistent with the cri21 teria developed by the State, the local board may de22 velop additional criteria of higher standards to re23 spond to local labor market and demographic condi24 tions and trends. 

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


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1 ‘‘(1) PARTNER CONTRIBUTIONS.— 

2 ‘‘(A) PROVISION OF FUNDS.—Notwith3 standing any other provision of law, as deter4 mined under subparagraph (B), a portion of the 

5 Federal funds provided to the State and areas 

6 within the State under the Federal laws author7 izing the one-stop partner programs described 

8 in subsection (b)(1)(B) and participating addi9 tional partner programs described in (b)(2)(B) 

10 for a fiscal year shall be provided to the Gov11 ernor by such programs to carry out this sub12 section. 

13 ‘‘(B) DETERMINATION OF GOVERNOR.— 

14 ‘‘(i) IN GENERAL.—Subject to sub15 paragraph (C), the Governor, in consulta16 tion with the State board, shall determine 

17 the portion of funds to be provided under 

18 subparagraph (A) by each one-stop partner 

19 and in making such determination shall 

20 consider the proportionate use of the one21 stop centers by each partner, the costs of 

22 administration for purposes not related to 

23 one-stop centers for each partner, and 

24 other relevant factors described in para25 graph (3). 


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

2 where the State constitution places policy3 making authority that is independent of 

4 the authority of the Governor in an entity 

5 or official with respect to the funds pro6 vided for adult education and literacy ac7 tivities authorized under title II of this Act 

8 and for post-secondary career education 

9 activities authorized under the Carl D. 

10 Perkins Career and Technical Education 

11 Act, the determination described in clause 

12 (i) with respect to such programs shall be 

13 made by the Governor with the appropriate 

14 entity or official with such independent 

15 policy-making authority. 

16 ‘‘(iii) APPEAL BY ONE-STOP PART17 NERS.—The Governor shall establish a 

18 procedure for the one-stop partner admin19 istering a program described in subsection 

20 (b) to appeal a determination regarding 

21 the portion of funds to be contributed 

22 under this paragraph on the basis that 

23 such determination is inconsistent with the 

24 criteria described in the State plan or with 

25 the requirements of this paragraph. Such 


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1 procedure shall ensure prompt resolution 

2 of the appeal. 

3 ‘‘(C) LIMITATIONS.— 

4 ‘‘(i) PROVISION FROM ADMINISTRA5 TIVE FUNDS.—The funds provided under 

6 this paragraph by each one-stop partner 

7 shall be provided only from funds available 

8 for the costs of administration under the 

9 program administered by such partner, 

10 and shall be subject to the limitations with 

11 respect to the portion of funds under such 

12 programs that may be used for administra13 tion. 

14 ‘‘(ii) FEDERAL DIRECT SPENDING

15 PROGRAMS.—Programs that are Federal 

16 direct spending under section 250(c)(8) of 

17 the Balanced Budget and Emergency Def18 icit Control Act of 1985 (2 U.S.C. 

19 900(c)(8)) shall not, for purposes of this 

20 paragraph, be required to provide an 

21 amount in excess of the amount deter22 mined to be equivalent to the proportionate 

23 use of the one-stop centers by such pro24 grams in the State. 


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1 ‘‘(iii) NATIVE AMERICAN PRO2 GRAMS.—Native American programs estab3 lished under section 166 shall not be sub4 ject to the provisions of this subsection. 

5 The method for determining the appro6 priate portion of funds to be provided by 

7 such Native American programs to pay for 

8 the costs of infrastructure of a one-stop 

9 center certified under subsection (g) shall 

10 be determined as part of the development 

11 of the memorandum of understanding 

12 under subsection (c) for the one-stop cen13 ter and shall be stated in the memo14 randum. 

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

16 funds provided under paragraph (1), the Governor 

17 shall allocate funds to local areas in accordance with 

18 the formula established under paragraph (3) for the 

19 purposes of assisting in paying the costs of the in20 frastructure of one-stop centers certified under sub21 section (g). 

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

23 shall develop a formula to be used by the Governor 

24 to allocate the funds described in paragraph (1). 

25 The formula shall include such factors as the State 


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1 board determines are appropriate, which may in2 clude factors such as the number of centers in the 

3 local area that have been certified, the population 

4 served by such centers, and the performance of such 

5 centers. 

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

9 necessary for the general operation of a one-stop 

10 center, including the rental costs of the facilities, the 

11 costs of utilities and maintenance, and equipment 

12 (including adaptive technology for individuals with 

13 disabilities). 

14 ‘‘(i) OTHER FUNDS.— 

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

16 provided to carry out subsection (h), a portion of 

17 funds made available under Federal law authorizing 

18 the one-stop partner programs described in sub19 section (b)(1)(B) and participating partner pro20 grams described in subsection (b)(2)(B), or the 

21 noncash resources available under such programs 

22 shall be used to pay the costs relating to the oper23 ation of the one-stop delivery system that are not 

24 paid for from the funds provided under subsection 


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1 (h), to the extent not inconsistent with the Federal 

2 law involved including— 

3 ‘‘(A) infrastructure costs that are in excess 

4 of the funds provided under subsection (h); 

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

6 the costs of infrastructure; and 

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

8 ready services applicable to each program. 

9 ‘‘(2) DETERMINATION AND GUIDANCE.—The 

10 method for determining the appropriate portion of 

11 funds and noncash resources to be provided by each 

12 program under paragraph (1) shall be determined as 

13 part of the memorandum of understanding under 

14 subsection (c). The State board shall provide guid15 ance to facilitate the determination of appropriate 

16 allocation of the funds and noncash resources in 

17 local areas.’’. 

18 SEC. 109. ELIGIBLE PROVIDERS OF TRAINING SERVICES. 

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

20 follows: 

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

22 TRAINING SERVICES. 

23 ‘‘(a) ELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.—The Governor, after con25 sultation with the State board, shall establish criVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 teria and procedures regarding the eligibility of pro2 viders of training services described in section 

3 134(c)(4) to receive funds provided under section 

4 133(b) for the provision of such training services. 

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

6 this section, to be eligible to receive the funds pro7 vided under section 133(b) for the provision of train8 ing services, the provider shall be— 

9 ‘‘(A) a post-secondary educational institu10 tion that— 

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

12 under title IV of the Higher Education Act 

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

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

15 an associate degree, baccalaureate degree, 

16 or industry-recognized certification; 

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

18 under the Act of August 16, 1937 (commonly 

19 known as the ‘National Apprenticeship Act’; 50 

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

21 or 

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

23 a program of training services. 

24 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO25 VIDERS.—A provider described in subparagraph (A) 


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1 or (C) of paragraph (2) shall comply with the cri2 teria and procedures established under this section 

3 to be included on the list of eligible providers of 

4 training services described in subsection (d)(1). A 

5 provider described in paragraph (2)(B) shall be in6 cluded on the list of eligible providers of training 

7 services described in subsection (d)(1) for so long as 

8 the provider remains certified by the Department of 

9 Labor to carry out the programs described in para10 graph (2)(B). 

11 ‘‘(b) CRITERIA.— 

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

13 pursuant to subsection (a) shall take into account— 

14 ‘‘(A) the performance of providers of train15 ing services with respect to the performance 

16 measures described in section 136 and other 

17 matters for which information is required under 

18 paragraph (2) and other appropriate measures 

19 of performance outcomes for those participants 

20 receiving training services under this subtitle 

21 (taking into consideration the characteristics of 

22 the population served and relevant economic 

23 conditions); 


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1 ‘‘(B) whether the training programs of 

2 such providers relate to occupations that are in 

3 demand; 

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

5 services throughout the State, including any 

6 rural areas; 

7 ‘‘(D) the ability of providers to offer pro8 grams that lead to a degree or an industry-rec9 ognized certification, certificate, or mastery; 

10 ‘‘(E) the information such providers are 

11 required to report to State agencies with re12 spect to other Federal and State programs 

13 (other than the program carried out under this 

14 subtitle), including one-stop partner programs; 

15 and 

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

17 determines are appropriate to ensure the qual18 ity of services provided, the accountability of 

19 providers, that the one-stop centers will ensure 

20 that such providers meet the needs of local em21 ployers and participants, and the informed 

22 choice of participants under chapter 5. 

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

24 by the Governor shall require that a provider of 

25 training services submit appropriate, accurate, and 


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1 timely information to the State for purposes of car2 rying out subsection (d), with respect to participants 

3 receiving training services under this subtitle in the 

4 applicable program, including— 

5 ‘‘(A) information on degrees and industry6 recognized certifications received by such par7 ticipants; 

8 ‘‘(B) information on costs of attendance 

9 for such participants; 

10 ‘‘(C) information on the program comple11 tion rate for such participants; and 

12 ‘‘(D) information on the performance of 

13 the provider with respect to the performance 

14 measures described in section 136 for such par15 ticipants (taking into consideration the charac16 teristics of the population served and relevant 

17 economic conditions), which may include infor18 mation specifying the percentage of such par19 ticipants who entered unsubsidized employment 

20 in an occupation related to the program. 

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

22 the Governor shall also provide for biennial review 

23 and renewal of eligibility under this section for pro24 viders 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 under the 

5 criteria established by the Governor, for purposes of 

6 determining the eligibility of providers of training 

7 services to receive funds described in subsection (a) 

8 to provide the services in the local area involved. 

9 ‘‘(5) LIMITATION.—In carrying out the require10 ments of this subsection, no personally identifiable 

11 information regarding a student, including Social 

12 Security number, student identification number, or 

13 other identifier, may be disclosed without the prior 

14 written consent of the parent or eligible student in 

15 compliance with section 444 of the General Edu16 cation Provisions Act (20 U.S.C. 1232g). 

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

18 under subsection (a) shall identify the application process 

19 for a provider of training services to become eligible to 

20 receive funds under section 133(b) for the provision of 

21 training services, and identify the respective roles of the 

22 State and local areas in receiving and reviewing applica23 tions and in making determinations of eligibility based on 

24 the criteria established under this section. The procedures 

25 shall also establish a process for a provider of training 


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1 services to appeal a denial or termination of eligibility 

2 under this section that includes an opportunity for a hear3 ing and prescribes appropriate time limits to ensure 

4 prompt resolution of the appeal. 

5 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

6 CHOOSING PROVIDERS.—In order to facilitate and assist 

7 participants under chapter 5 in choosing providers of 

8 training services, the Governor shall ensure that an appro9 priate list or lists of providers determined eligible under 

10 this section in the State, including information regarding 

11 the occupations in demand that relate to the training pro12 grams of such providers, is provided to the local boards 

13 in the State to be made available to such participants and 

14 to members of the public through the one-stop delivery 

15 system in the State. The accompanying information shall 

16 consist of information provided by providers described in 

17 subparagraphs (A) and (C) of subsection (a)(2) in accord18 ance with subsection (b) (including information on receipt 

19 of degrees and industry-recognized certifications, and 

20 costs of attendance, for participants receiving training 

21 services under this subtitle in applicable programs) and 

22 such other information as the Secretary determines is ap23 propriate. The list and the accompanying information 

24 shall be made available to such participants and to memVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 bers of the public through the one-stop delivery system 

2 in the State. 

3 ‘‘(e) ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—The criteria and proce5 dures established under this section shall provide the 

6 following: 

7 ‘‘(A) INTENTIONALLY SUPPLYING INAC8 CURATE INFORMATION.—Upon a determination, 

9 by an individual or entity specified in the cri10 teria or procedures, that a provider of training 

11 services, or individual providing information on 

12 behalf of the provider, intentionally supplied in13 accurate information under this section, the eli14 gibility of such provider to receive funds under 

15 chapter 5 shall be terminated for a period of 

16 time that is not less than 2 years. 

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

18 determination, by an individual or entity speci19 fied in the criteria or procedures, that a pro20 vider of training services substantially violated 

21 any requirement under this title, the eligibility 

22 of such provider to receive funds under the pro23 gram involved may be terminated, or other ap24 propriate action may be taken. 


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

2 services whose eligibility is terminated under 

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

4 repayment of funds received under chapter 5 

5 during a period of noncompliance described in 

6 such subparagraph. 

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

8 construed to provide remedies and penalties that 

9 supplement, but do not supplant, other civil and 

10 criminal remedies and penalties. 

11 ‘‘(f) AGREEMENTS WITH OTHER STATES.—States 

12 may enter into agreements, on a reciprocal basis, to per13 mit eligible providers of training services to accept career 

14 enhancement accounts provided in another State. 

15 ‘‘(g) RECOMMENDATIONS.—In developing the cri16 teria, procedures, and information required under this sec17 tion, the Governor shall solicit and take into consideration 

18 the recommendations of local boards and providers of 

19 training services within the State. 

20 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur21 ing the development of the criteria, procedures, require22 ments for information, and the list of eligible providers 

23 required under this section, the Governor shall provide an 

24 opportunity for interested members of the public, includ25 ing representatives of business and labor organizations, to 


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1 submit comments regarding such criteria, procedures, and 

2 information. 

3 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN4 ING EXCEPTION.— 

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

6 training or customized training shall not be subject 

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

8 ‘‘(2) COLLECTION AND DISSEMINATION OF IN9 FORMATION.—A one-stop operator in a local area 

10 shall collect such performance information from on11 the-job training and customized training providers 

12 as the Governor may require, determine whether the 

13 providers meet such performance criteria as the Gov14 ernor may require, and disseminate information 

15 identifying providers that meet the criteria as eligi16 ble providers, and the performance information, 

17 through the one-stop delivery system. Providers de18 termined to meet the criteria shall be considered to 

19 be identified as eligible providers of training serv20 ices.’’. 

21 SEC. 110. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES. 

22 (a) ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES.— 

23 Section 123 (29 U.S.C. 2843) is amended to read as fol24 lows: 


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1 ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH ACTIVITIES. 

2 ‘‘(a) IN GENERAL.—From the funds allocated under 

3 section 128(b) to a local area, the local board for such 

4 area shall award grants or contracts on a competitive basis 

5 to providers of youth activities identified based on the cri6 teria in the State plan and shall conduct oversight with 

7 respect to such providers. 

8 ‘‘(b) EXCEPTIONS.—A local board may award grants 

9 or contracts on a sole-source basis if such board deter10 mines there are an insufficient number of eligible pro11 viders of training services in the local area involved (such 

12 as rural areas) for grants to be awarded on a competitive 

13 basis under subsection (a).’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) is amended by amending the item related 

16 to section 123 to read as follows: 

‘‘Sec. 123. Eligible providers of youth activities.’’. 

17 SEC. 111. YOUTH ACTIVITIES. 

18 (a) STATE ALLOTMENTS.—Section 127 (29 U.S.C. 

19 2852(a)) is amended— 

20 (1) in subsection (a)(1), by striking ‘‘oppor21 tunity’’ and inserting ‘‘challenge’’; and 

22 (2) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) ALLOTMENT AMONG STATES.— 

25 ‘‘(1) YOUTH ACTIVITIES.— 


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1 ‘‘(A) YOUTH CHALLENGE GRANTS.— 

2 ‘‘(i) RESERVATION OF FUNDS.—Of 

3 the amount appropriated under section 

4 137(a) for each fiscal year, the Secretary 

5 shall reserve 25 percent to provide youth 

6 challenge grants under section 169. 

7 ‘‘(ii) LIMITATION.—Notwithstanding 

8 clause (i), if the amount appropriated 

9 under section 137(a) for a fiscal year ex10 ceeds $1,000,000,000, the Secretary shall 

11 reserve $250,000,000 to provide youth 

12 challenge grants under section 169. 

13 ‘‘(B) OUTLYING AREAS AND NATIVE AMER14 ICANS.— 

15 ‘‘(i) IN GENERAL.—After determining 

16 the amount to be reserved under subpara17 graph (A), of the remainder of the amount 

18 appropriated under section 137(a) for each 

19 fiscal year the Secretary shall— 

‘‘(I) reserve not more than 1 20 ⁄4 of 

21 one percent of such amount to provide 

22 assistance to the outlying areas to 

23 carry out youth activities and state24 wide workforce investment activities; 

25 and 


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1 ‘‘(II) reserve not more than 1 

and 1 2 ⁄2 percent of such amount to 

3 provide youth activities under section 

4 166 (relating to Native Americans). 

5 ‘‘(ii) RESTRICTION.—The Republic of 

6 Palau shall cease to be eligible to receive 

7 funding under this subparagraph upon en8 tering into an agreement for extension of 

9 United States educational assistance under 

10 the Compact of Free Association (approved 

11 by the Compact of Free Association 

12 Amendments Act of 2003 (Public Law 

13 108–188)) after the date of enactment of 

14 the Workforce Investment Improvement 

15 Act of 2009. 

16 ‘‘(C) STATES.— 

17 ‘‘(i) IN GENERAL.—Of the remainder 

18 of the amount appropriated under section 

19 137(a) for a fiscal year that is available 

20 after determining the amounts to be re21 served under subparagraphs (A) and (B), 

22 the Secretary shall allot— 

23 ‘‘(I) the amount of the remainder 

24 that is less than or equal to the total 

25 amount that was allotted to States for 


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1 fiscal year 2010 under section 

2 127(b)(1)(C) of this Act (as in effect 

3 on the day before the date of enact4 ment of the Workforce Investment 

5 Improvement Act of 2009) in accord6 ance with the requirements of such 

7 section 127(b)(1)(C); and 

8 ‘‘(II) the amount of the remain9 der, if any, in excess of the amount 

10 referred to in subclause (I) in accord11 ance with clause (ii). 

12 ‘‘(ii) FORMULAS FOR EXCESS

13 FUNDS.—Subject to clauses (iii) and (iv), 

14 of the amounts described in clause 

15 (i)(II)— 

‘‘(I) 331 16 ⁄3 percent shall be allot17 ted on the basis of the relative num18 ber of individuals in the civilian labor 

19 force who are ages 16 through 19 in 

20 each State, compared to the total 

21 number of individuals in the civilian 

22 labor force who are ages 16 through 

23 19 in all States; 

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1 ber of unemployed individuals in each 

2 State, compared to the total number 

3 of unemployed individuals in all 

4 States; and 

‘‘(III) 331 5 ⁄3 percent shall be allot6 ted on the basis of the relative num7 ber of disadvantaged youth who are 

8 ages 16 through 21 in each State, 

9 compared to the total number of dis10 advantaged youth who are ages 16 

11 through 21 in all States. 

12 ‘‘(iii) MINIMUM AND MAXIMUM PER13 CENTAGES.—The Secretary shall ensure 

14 that no State shall receive an allotment for 

15 a fiscal year that is less than 90 percent 

16 or greater than 130 percent of the allot17 ment percentage of that State for the pre18 ceding fiscal year. 

19 ‘‘(iv) SMALL STATE MINIMUM ALLOT20 MENT.—Subject to clause (iii), the Sec21 retary shall ensure that no State shall re22 ceive an allotment under this paragraph 

that is less than 3 23 ⁄10 of 1 percent of the 

24 amount available under subparagraph (A). 


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1 ‘‘(2) DEFINITIONS.—For the purposes of para2 graph (1), the following definitions apply: 

3 ‘‘(A) ALLOTMENT PERCENTAGE.—The 

4 term ‘allotment percentage’, used with respect 

5 to fiscal year 2011 or a subsequent fiscal year, 

6 means a percentage of the remainder described 

7 in paragraph (1)(C)(i) that is received through 

8 an allotment made under this subsection for the 

9 fiscal year. The term, with respect to fiscal year 

10 2010, means the percentage of the amounts al11 lotted to States under this chapter (as in effect 

12 on the day before the date of enactment of the 

13 Workforce Investment Improvement Act of 

14 2009) that is received by the State involved for 

15 fiscal year 2010. 

16 ‘‘(B) DISADVANTAGED YOUTH.—The term 

17 ‘disadvantaged youth’ means an individual who 

18 is age 16 through 21 who received an income, 

19 or is a member of a family that received a total 

20 family income, that, in relation to family size, 

21 does not exceed the poverty line. 

22 ‘‘(3) SPECIAL RULE.—For purposes of the for23 mulas specified in paragraph (1)(C), the Secretary 

24 shall, as appropriate and to the extent practicable, 

25 exclude college students and members of the Armed 


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1 Forces from the determination of the number of dis2 advantaged youth.’’; 

3 (3) in subsection (c)— 

4 (A) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) AMOUNT.—The amount available for real7 lotment for a program year is equal to the amount 

8 by which the unexpended balance at the end of the 

9 program year prior to the program year for which 

10 the determination is made exceeds 30 percent of the 

11 total amount of funds available to the State under 

12 this section during such prior program year (includ13 ing amounts allotted to the State in all prior pro14 gram years that remained available). For purposes 

15 of this paragraph, the expended balance is the 

16 amount that is the difference between— 

17 ‘‘(A) the total amount of funds available to 

18 the State under this section during the program 

19 year prior to the program year for which the 

20 determination is made (including amounts allot21 ted to the State in all prior program years that 

22 remained available); and 

23 ‘‘(B) the accrued expenditures during such 

24 prior program year.’’; 

25 (B) in paragraph (3)— 


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1 (i) by striking ‘‘for the prior program 

2 year’’ and inserting ‘‘for the program year 

3 in which the determination is made’’; and 

4 (ii) by striking ‘‘such prior program 

5 year’’ and inserting ‘‘such program year’’; 

6 (C) by amending paragraph (4) to read as 

7 follows: 

8 ‘‘(4) ELIGIBILITY.—For purposes of this sub9 section, an eligible State means a State which does 

10 not have an amount available for reallotment under 

11 paragraph (2) for the program year for which the 

12 determination under paragraph (2) is made.’’; and 

13 (D) in paragraph (5), by striking ‘‘obliga14 tion’’ and inserting ‘‘accrued expenditure’’. 

15 (b) WITHIN STATE ALLOCATIONS.— 

16 (1) RESERVATION FOR STATEWIDE ACTIVI17 TIES.—Section 128(a) is amended to read as follows: 

18 ‘‘(a) RESERVATION FOR STATEWIDE ACTIVITIES.— 

19 ‘‘(1) IN GENERAL.—The Governor of a State 

20 shall reserve not more than 10 percent of the 

21 amount allotted to the State under section 

22 127(a)(1)(C) for a fiscal year for statewide activi23 ties. 

24 ‘‘(2) USE OF FUNDS.—Regardless of whether 

25 the amounts are allotted under section 127(a)(1)(C) 


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1 and reserved under paragraph (1) or allotted under 

2 section 132 and reserved under section 133(a), the 

3 Governor may use the reserved amounts to carry out 

4 statewide youth activities under section 129(b) or 

5 statewide employment and training activities under 

6 section 133.’’. 

7 (2) WITHIN STATE ALLOCATIONS.—Section 

8 128(b) is amended to read as follows: 

9 ‘‘(b) WITHIN STATE ALLOCATION.— 

10 ‘‘(1) IN GENERAL.—Of the amounts allotted to 

11 the State under section 127(a)(1)(C) and not re12 served under subsection (a)(1)— 

13 ‘‘(A) not less than 80 percent of such 

14 amounts shall be allocated by the Governor to 

15 local areas in accordance with paragraph (2); 

16 and 

17 ‘‘(B) not more than 20 percent of such 

18 amounts shall be allocated by the Governor to 

19 local areas in accordance with paragraph (3). 

20 ‘‘(2) ESTABLISHED FORMULA.— 

21 ‘‘(A) IN GENERAL.—Of the amounts de22 scribed in paragraph (1)(A), the Governor shall 

23 allocate— 

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1 uals in the civilian labor force who are ages 

2 16 through 19 in each local area, com3 pared to the total number of individuals in 

4 the civilian labor force who are ages 16 

5 through 19 in all local areas in the State; 

‘‘(ii) 331 6 ⁄3 percent shall be allotted on 

7 the basis of the relative number of unem8 ployed individuals in each local area, com9 pared to the total number of unemployed 

10 individuals in all local areas in the State; 

11 and 

‘‘(iii) 331 12 ⁄3 percent on the basis of the 

13 relative number of disadvantaged youth 

14 who are ages 16 through 21 in each local 

15 area, compared to the total number of dis16 advantaged youth who are ages 16 through 

17 21 in all local areas in the State. 

18 ‘‘(B) MINIMUM AND MAXIMUM PERCENT19 AGES.—The Governor shall ensure that no local 

20 area shall receive an allocation for a fiscal year 

21 under this paragraph that is less than 90 per22 cent or greater than 130 percent of the alloca23 tion percentage of the local area for the pre24 ceding fiscal year. 

25 ‘‘(C) DEFINITIONS.— 


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1 ‘‘(i) ALLOCATION PERCENTAGE.—For 

2 purposes of this paragraph, the term ‘allo3 cation percentage’, used with respect to fis4 cal year 2011 or a subsequent fiscal year, 

5 means a percentage of the amount de6 scribed in paragraph(1)(A) that is received 

7 through an allocation made under this 

8 paragraph for the fiscal year. The term, 

9 with respect to fiscal year 2010, means the 

10 percentage of the amounts allocated to 

11 local areas under this chapter (as in effect 

12 on the day before the date of enactment of 

13 the Workforce Investment Improvement 

14 Act of 2009) that is received by the local 

15 area involved for fiscal year 2010. 

16 ‘‘(ii) DISADVANTAGED YOUTH.—The 

17 term ‘disadvantaged youth’ means an indi18 vidual who is age 16 through 21 who re19 ceived an income, or is a member of a fam20 ily that received a total family income, 

21 that, in relation to family size, does not ex22 ceed the poverty line. 

23 ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— 

24 The Governor shall allocate to local areas the 

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1 ance with such demographic and economic factors as 

2 the Governor, after consultation with the State 

3 board and local boards, determines are appropriate. 

4 ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— 

5 ‘‘(A) IN GENERAL.—Of the amounts allo6 cated to a local area under this subsection for 

7 a fiscal year, not more than 10 percent of the 

8 amount may be used by the local boards for the 

9 administrative costs of carrying out local work10 force investment activities under this chapter or 

11 chapter 5. 

12 ‘‘(B) USE OF FUNDS.—Funds made avail13 able for administrative costs under subpara14 graph (A) may be used for the administrative 

15 costs of any of the local workforce investment 

16 activities described in this chapter or chapter 5, 

17 regardless of whether the funds were allocated 

18 under this subsection or section 133(b).’’. 

19 (3) REALLOCATION.—Section 128(c) (29 

20 U.S.C. 2853(c)) is amended— 

21 (A) in paragraph (1), by striking ‘‘para22 graph (2)(A) or (3) of’’; 

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

24 follows: 


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1 ‘‘(2) AMOUNT.—The amount available for re2 allocation for a program year is equal to the amount 

3 by which the unexpended balance at the end of the 

4 program year prior to the program year for which 

5 the determination is made exceeds 30 percent of the 

6 total amount of funds available to the local area 

7 under this section during such prior program year, 

8 (including amounts allotted to the local area in prior 

9 program years that remain available). For purposes 

10 of this paragraph, the unexpended balance is the 

11 amount that is the difference between— 

12 ‘‘(A) the total amount of funds available to 

13 the local area under this section during the pro14 gram year prior to the program year for which 

15 the determination is made (including amounts 

16 allocated to the local area in all prior program 

17 years that remained available); and 

18 ‘‘(B) the accrued expenditures during such 

19 prior program year.’’; 

20 (C) in paragraph (3)— 

21 (i) by striking ‘‘subsection (b)(3)’’ the 

22 first two places it appears and inserting 

23 ‘‘subsection (b)’’; 


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1 (ii) by striking ‘‘the prior program 

2 year’’ and inserting ‘‘the program year in 

3 which the determination is made’’; 

4 (iii) by striking ‘‘such prior program 

5 year’’ and inserting ‘‘such program year’’; 

6 and 

7 (iv) by striking the last sentence; and 

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

9 follows: 

10 ‘‘(4) ELIGIBILITY.—For purposes of this sub11 section, an eligible local area means a local area 

12 which does not have an amount available for re13 allocation under paragraph (2) for the program year 

14 for which the determination under paragraph (2) is 

15 made.’’. 

16 (c) YOUTH PARTICIPANT ELIGIBILITY.—Section 

17 129(a) (29 U.S.C. 2854(a)) is amended to read as follows: 

18 ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—The individuals partici20 pating in activities carried out under this chapter by 

21 a local area during any program year shall be indi22 viduals who, at the time the eligibility determination 

23 is made, are— 

24 ‘‘(A) not younger than age 16 or older 

25 than age 24; and 


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1 ‘‘(B) one or more of the following: 

2 ‘‘(i) school dropouts; 

3 ‘‘(ii) recipients of a secondary school 

4 diploma, General Educational Development 

5 credential (GED), or other State-recog6 nized equivalent (including recognized al7 ternative standards for individuals with 

8 disabilities) who are deficient in basic skills 

9 and not attending any school; 

10 ‘‘(iii) court-involved youth attending 

11 an alternative school; 

12 ‘‘(iv) youth in foster care or who have 

13 been in foster care; or 

14 ‘‘(v) in school youth who are low-in15 come individuals and one or more of the 

16 following: 

17 ‘‘(I) Deficient in literacy skills. 

18 ‘‘(II) Homeless, runaway, or fos19 ter children. 

20 ‘‘(III) Pregnant or parents. 

21 ‘‘(IV) Offenders. 

22 ‘‘(V) Individuals who require ad23 ditional assistance to complete an edu24 cational program, or to secure and 

25 hold employment. 


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1 ‘‘(2) PRIORITY FOR SCHOOL DROPOUTS.—A 

2 priority in the provision of services under this chap3 ter shall be given to individuals who are school drop4 outs. 

5 ‘‘(3) CONSISTENCY WITH COMPULSORY SCHOOL

6 ATTENDANCE LAWS.—In providing assistance under 

7 this section to an individual who is required to at8 tend school under applicable State compulsory school 

9 attendance laws, the priority in providing such as10 sistance shall be for the individual to attend school 

11 regularly.’’. 

12 (d) STATEWIDE YOUTH ACTIVITIES.—Section 129(b) 

13 (29 U.S.C. 2854(b)) is amended to read as follows: 

14 ‘‘(b) STATEWIDE ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—Funds reserved by a Gov16 ernor for a State as described in sections 128(a) and 

17 133(a)(1) may be used for statewide activities in18 cluding— 

19 ‘‘(A) additional assistance to local areas 

20 that have high concentrations of eligible youth, 

21 including out-of-school youth; 

22 ‘‘(B) supporting the provision of work 

23 ready services described in section 134(c)(2) in 

24 the one-stop delivery system; 


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1 ‘‘(C) conducting evaluations under section 

2 136(e) of activities authorized under this chap3 ter and chapter 5 in coordination with evalua4 tions carried out by the Secretary under section 

5 172, research, and demonstration projects; 

6 ‘‘(D) providing incentive grants to local 

7 areas for regional cooperation among local 

8 boards (including local boards in a designated 

9 region as described in section 116(c)), for local 

10 coordination of activities carried out under this 

11 Act, and for exemplary performance by local 

12 areas on the local performance measures; 

13 ‘‘(E) providing technical assistance and ca14 pacity building to local areas, one-stop opera15 tors, one-stop partners, and eligible providers, 

16 including the development and training of staff, 

17 the development of exemplary program activi18 ties, and the provision of technical assistance to 

19 local areas that fail to meet local performance 

20 measures; 

21 ‘‘(F) operating a fiscal and management 

22 accountability system under section 136(f); and 

23 ‘‘(G) carrying out monitoring and over24 sight of activities under this chapter and chap25 ter 5. 


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1 ‘‘(2) LIMITATION.—Not more than 5 percent of 

2 the funds allotted under section 127(b) shall be used 

3 by the State for administrative activities carried out 

4 under this subsection and section 133(a). 

5 ‘‘(3) PROHIBITION.—No funds described in this 

6 subsection or in section 134(a) may be used to de7 velop or implement education curricula for school 

8 systems in the State.’’. 

9 (e) LOCAL ELEMENTS AND REQUIREMENTS.— 

10 (1) PROGRAM DESIGN.—Section 129(c)(1) (29 

11 U.S.C. 2854(c)(1)) is amended— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘paragraph (2)(A) or (3), as 

14 appropriate, of’’; 

15 (B) in subparagraph (B), by inserting ‘‘are 

16 directly linked to one or more of the perform17 ance measures relating to this chapter under 

18 section 136, and that’’ after ‘‘for each partici19 pant that’’; and 

20 (C) in subparagraph (C)— 

21 (i) by redesignating clauses (i) 

22 through (iv) as clauses (ii) through (v), re23 spectively; 

24 (ii) by inserting before clause (ii) (as 

25 so redesignated) the following: 


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1 ‘‘(i) activities leading to the attain2 ment of a secondary school diploma, Gen3 eral Educational Development credential 

4 (GED), or other State-recognized equiva5 lent (including recognized alternative 

6 standards for individuals with disabil7 ities);’’; 

8 (iii) in clause (ii) (as so redesignated), 

9 by inserting ‘‘and advanced training’’ after 

10 ‘‘opportunities’’; 

11 (iv) in clause (iii) (as so redesig12 nated), by inserting ‘‘that lead to the at13 tainment of recognized credentials’’ after 

14 ‘‘learning’’; and 

15 (v) by amending clause (v) (as so re16 designated) to read as follows: 

17 ‘‘(v) effective connections to employ18 ers, including small employers, in sectors 

19 of the local and regional labor markets ex20 periencing high growth in employment op21 portunities.’’; and 

22 (D) provide assistance and support to out23 of-school youth who lack the skill level to obtain 

24 employment. 


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1 (2) PROGRAM ELEMENTS.—Section 129(c)(2) 

2 (29 U.S.C. 2854(c)(2)) is amended— 

3 (A) in subparagraph (A), by striking ‘‘sec4 ondary school, including dropout prevention 

5 strategies’’ and inserting ‘‘secondary school di6 ploma, General Educational Development cre7 dential (GED), or other State-recognized equiv8 alent (including recognized alternative stand9 ards for individuals with disabilities), including 

10 dropout prevention strategies’’; 

11 (B) in subparagraph (I), by striking ‘‘and’’ 

12 at the end; 

13 (C) in subparagraph (J), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (D) by adding at the end the following: 

17 ‘‘(K) on-the-job training opportunities; and 

18 ‘‘(L) financial literacy skills.’’. 

19 (3) ADDITIONAL REQUIREMENTS.—Section 

20 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amended 

21 in the matter preceding clause (i) by striking ‘‘or ap22 plicant who meets the minimum income criteria to 

23 be considered an eligible youth’’. 

24 (4) PRIORITY AND EXCEPTIONS.—Section 

25 129(c) (29 U.S.C. 2854(c)) is further amended— 


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1 (A) by striking paragraphs (4) and (5) and 

2 redesignating paragraphs (6) through (8) as 

3 paragraphs (4) through (6), respectively; and 

4 (B) in paragraph (5) (as so redesignated), 

5 by striking ‘‘youth councils’’ and inserting 

6 ‘‘local boards’’. 

7 SEC. 112. PROGRAMS FOR ADULTS AND DISLOCATED 

8 WORKERS. 

9 (a) TITLE AMENDMENT.— 

10 (1) The title heading of chapter 5 is amended 

11 to read as follows: 

12 ‘‘CHAPTER 5—EMPLOYMENT AND TRAIN13 ING ACTIVITIES FOR ADULTS AND DIS14 CLOSED WORKERS’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 1(b) is amended by amending the 

17 item related to the heading for chapter 5 to read as 

18 follows: 

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES FOR ADULTS AND

DISLOCATED WORKERS’’. 

19 (b) GENERAL AUTHORIZATION.—Section 131 (29 

20 U.S.C. 2861) is amended by striking ‘‘paragraphs (1)(B) 

21 and (2)(B) of’’. 

22 (c) STATE ALLOTMENTS.—Section 132 (29 U.S.C. 

23 2862) is amended— 


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

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

4 ‘‘(1) reserve 5 percent of the amount appro5 priated under section 137 for a fiscal year, of 

6 which— 

7 ‘‘(A) not less than 85 percent shall be used 

8 for national dislocated worker grants under sec9 tion 173; 

10 ‘‘(B) not more than 10 percent may be 

11 used for demonstration projects under section 

12 171; and 

13 ‘‘(C) not more than 5 percent may be used 

14 to provide technical assistance under section 

15 170; and 

16 ‘‘(2) make allotments from 95 percent of the 

17 amount appropriated under section 137 for a fiscal 

18 year in accordance with subsection (b).’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) ALLOTMENT AMONG STATES FOR EMPLOYMENT

22 AND TRAINING ACTIVITIES FOR ADULT AND DISLOCATED

23 WORKERS.— 

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


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1 ‘‘(A) IN GENERAL.—From the amount 

2 made available under subsection (a)(2) for a 

3 fiscal year, the Secretary shall reserve not more 

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

5 outlying areas to carry out employment and 

6 training activities for adults, dislocated workers, 

7 and statewide workforce investment activities. 

8 ‘‘(B) RESTRICTION.—The Republic of 

9 Palau shall cease to be eligible to receive fund10 ing under this paragraph upon entering into an 

11 agreement for extension of United States edu12 cational assistance under the Compact of Free 

13 Association (approved by the Compact of Free 

14 Association Amendments Act of 2003 (Public 

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

16 the Workforce Investment Improvement Act of 

17 2009. 

18 ‘‘(2) STATES.—Subject to paragraph (5), of the 

19 remainder of the amount referred to under sub20 section (a)(2) for a fiscal year that is available after 

21 determining the amount to be reserved under para22 graph (1), the Secretary shall allot to the States for 

23 employment and training activities for adults, dis24 located workers, and statewide workforce investment 

25 activities— 


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1 ‘‘(A) 26 percent in accordance with para2 graph (3); and 

3 ‘‘(B) 74 percent in accordance with para4 graph (4). 

5 ‘‘(3) BASE FORMULA.— 

6 ‘‘(A) FISCAL YEAR 2011.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), the amount referred to in paragraph 

9 (2)(A) shall be allotted for fiscal year 2011 

10 on the basis of allotment percentage of 

11 each State under section 6 of the Wagner12 Peyser Act for fiscal year 2010. 

13 ‘‘(ii) EXCESS AMOUNTS.—If the 

14 amount referred to in paragraph (2)(A) for 

15 fiscal year 2011 exceeds the amount that 

16 was available for allotment to the States 

17 under the Wagner-Peyser Act for fiscal 

18 year 2010, such excess amount shall be al19 lotted on the basis of the relative number 

20 of individuals in the civilian labor force in 

21 each State, compared to the total number 

22 of individuals in the civilian labor force in 

23 all States, adjusted to ensure that no State 

receives less than 3 24 ⁄10 of one percent of 

25 such excess amount. 


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1 ‘‘(iii) DEFINITION.—For purposes of 

2 this subparagraph, the term ‘allotment 

3 percentage’ means the percentage of the 

4 amounts allotted to States under section 6 

5 of the Wagner-Peyser Act that is received 

6 by the State involved for fiscal year 2010. 

7 ‘‘(B) FISCAL YEARS 2012 AND THERE8 AFTER.— 

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), the amount referred to in paragraph 

11 (2)(A) shall be allotted for fiscal year 2012 

12 and each fiscal year thereafter on the basis 

13 of the allotment percentage of each State 

14 under this paragraph for the preceding fis15 cal year. 

16 ‘‘(ii) EXCESS AMOUNTS.—If the 

17 amount referred to in paragraph (2)(A) for 

18 fiscal year 2012 or any fiscal year there19 after exceeds the amount that was avail20 able for allotment under this paragraph for 

21 the prior fiscal year, such excess amount 

22 shall be allotted on the basis of the relative 

23 number of individuals in the civilian labor 

24 force in each State, compared to the total 

25 number of individuals in the civilian labor 


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1 force in all States, adjusted to ensure that 

no State receives less than 3 2 ⁄10 of one per3 cent of such excess amount. 

4 ‘‘(iii) DEFINITION.—For purposes of 

5 this subparagraph, the term ‘allotment 

6 percentage’ means the percentage of the 

7 amounts allotted to States under this para8 graph in a fiscal year that is received by 

9 the State involved for such fiscal year. 

10 ‘‘(4) FORMULA.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graphs (B) and (C), of the amount referred to 

13 in paragraph (2)(B)— 

14 ‘‘(i) 60 percent shall be allotted on the 

15 basis of the relative number of unemployed 

16 individuals in each State, compared to the 

17 total number of unemployed individuals in 

18 all States; 

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

20 the basis of the relative excess number of 

21 unemployed individuals in each State, com22 pared to the total excess number of unem23 ployed individuals in all States; and 

24 ‘‘(iii) 15 percent shall be allotted on 

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1 advantaged adults in each State, compared 

2 to the total number of disadvantaged 

3 adults in all States. 

4 ‘‘(B) 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 a fiscal year that is less than 90 per10 cent of the allotment percentage of the 

11 State under this paragraph for the pre12 ceding fiscal year. 

13 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub14 ject to clause (i), the Secretary shall en15 sure that no State shall receive an allot16 ment for a fiscal year under this para17 graph that is more than 130 percent of the 

18 allotment of the State under this para19 graph for the preceding fiscal year. 

20 ‘‘(C) SMALL STATE MINIMUM ALLOT21 MENT.—Subject to subparagraph (B), the Sec22 retary shall ensure that no State shall receive 

23 an allotment under this paragraph that is less 

than 2 24 ⁄10 of 1 percent of the amount available 

25 under subparagraph (A). 


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1 ‘‘(D) DEFINITIONS.—For the purposes of 

2 this paragraph: 

3 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

4 term ‘allotment percentage’, used with re5 spect to fiscal year 2011 or a subsequent 

6 fiscal year, means a percentage of the 

7 amounts described in paragraph (2)(B) 

8 that is received through an allotment made 

9 under this paragraph for the fiscal year. 

10 The term, with respect to fiscal year 2010, 

11 means the percentage of the amounts allot12 ted to States under this chapter (as in ef13 fect on the day before the date of enact14 ment of the Workforce Investment Im15 provement Act of 2009) and under reem16 ployment service grants received by the 

17 State involved for fiscal year 2010. 

18 ‘‘(ii) DISADVANTAGED ADULT.—The 

19 term ‘disadvantaged adult’ means an indi20 vidual who is age 22 through 72 who re21 ceived an income, or is a member of a fam22 ily that received a total family income, 

23 that, in relation to family size, does not ex24 ceed the poverty line. 


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1 ‘‘(iii) EXCESS NUMBER.—The term 

2 ‘excess number’ means, used with respect 

3 to the excess number of unemployed indi4 viduals within a State, the number that 

5 represents the number of unemployed individuals in excess of 41 6 ⁄2 percent of the ci7 vilian labor force in the State. 

8 ‘‘(5) ADJUSTMENTS IN ALLOTMENTS BASED ON

9 DIFFERENCES WITH UNCONSOLIDATED FOR10 MULAS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 ensure that for any fiscal year no State has an 

13 allotment difference, as defined in subpara14 graph (C), that is less than zero. The Secretary 

15 shall adjust the amounts allotted to the States 

16 under this subsection in accordance with sub17 paragraph (B) if necessary to carry out this 

18 subparagraph. 

19 ‘‘(B) ADJUSTMENTS IN ALLOTMENTS.— 

20 ‘‘(i) REDISTRIBUTION OF EXCESS

21 AMOUNTS.— 

22 ‘‘(I) IN GENERAL.—If necessary 

23 to carry out subparagraph (A), the 

24 Secretary shall reduce the amounts 

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1 graphs (3) and (4) to States that have 

2 an excess allotment difference, as de3 fined in subclause (II), by the amount 

4 of such excess, and use such amounts 

5 to increase the allotments to States 

6 that have an allotment difference less 

7 than zero. 

8 ‘‘(II) EXCESS AMOUNTS.—For 

9 purposes of subclause (I), the term 

10 ‘excess’ allotment difference means an 

11 allotment difference for a State that 

12 is— 

13 ‘‘(aa) in excess of 3 percent 

14 of the amount described in sub15 paragraph (C)(i)(II); or 

16 ‘‘(bb) in excess of a percent17 age established by the Secretary 

18 that is greater than 3 percent of 

19 the amount described in subpara20 graph (C)(i)(II) if the Secretary 

21 determines that such greater per22 centage is sufficient to carry out 

23 subparagraph (A). 

24 ‘‘(ii) USE OF AMOUNTS AVAILABLE

25 UNDER NATIONAL RESERVE ACCOUNT.—If 


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1 the funds available under clause (i) are in2 sufficient to carry out subparagraph (A), 

3 the Secretary shall use funds reserved 

4 under section 132(a) in such amounts as 

5 are necessary to increase the allotments to 

6 States to meet the requirements of sub7 paragraph (A). Such funds shall be used in 

8 the same manner as the States use the 

9 other funds allotted under this subsection. 

10 ‘‘(C) DEFINITION OF ALLOTMENT DIF11 FERENCE.— 

12 ‘‘(i) IN GENERAL.—For purposes of 

13 this paragraph, the term ‘allotment dif14 ference’ means the difference between— 

15 ‘‘(I) the total amount a State 

16 would receive of the amounts available 

17 for allotment under subsection (b)(2) 

18 for a fiscal year pursuant to para19 graphs (3) and (4); and 

20 ‘‘(II) the total amount the State 

21 would receive of the amounts available 

22 for allotment under subsection (b)(2) 

23 for the fiscal year if such amounts 

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1 scribed in clause (iii)) that were used 

2 in allotting funds for fiscal year 2010. 

3 ‘‘(ii) UNCONSOLIDATED FORMULAS.— 

4 For purposes of clause (i), the unconsoli5 dated formulas are: 

6 ‘‘(I) The requirements for the al7 lotment of funds to the States con8 tained in section 132(b)(1)(B) of this 

9 Act (as in effect on the day before the 

10 date of enactment of the Workforce 

11 Investment Improvement Act of 2009) 

12 that were applicable to the allotment 

13 of funds under such section for fiscal 

14 year 2010. 

15 ‘‘(II) The requirements for the 

16 allotment of funds to the States con17 tained in section 132(b)(2)(B) of this 

18 Act (as in effect on the day before the 

19 date of enactment of the Workforce 

20 Investment Improvement Act of 2009) 

21 that were applicable to the allotment 

22 of funds under such section for fiscal 

23 year 2010. 

24 ‘‘(III) The requirements for the 

25 allotment of funds to the States that 


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1 were contained in section 6 of the 

2 Wagner-Peyser Act (as in effect on 

3 the day before the date of enactment 

4 of the Workforce Investment Improve5 ment Act of 2009) that were applica6 ble to the allotment of funds under 

7 such Act for fiscal year 2010. 

8 ‘‘(IV) The requirements for the 

9 allotment of funds to the States that 

10 were established by the Secretary for 

11 Reemployment Services Grants that 

12 were applicable to the allotment of 

13 funds for such grants for fiscal year 

14 2010. 

15 ‘‘(iii) PROPORTIONATE APPLICATION

16 OF UNCONSOLIDATED FORMULAS BASED

17 ON FISCAL YEAR 2010.—In calculating the 

18 amount under clause (i)(II), each of the 

19 unconsolidated formulas identified in 

20 clause (ii) shall be applied, respectively, 

21 only to the proportionate share of the total 

22 amount of funds available for allotment 

23 under subsection (b)(2) for a fiscal year 

24 that is equal to the proportionate share to 

25 which each of the unconsolidated formulas 


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1 applied with respect to the total amount of 

2 funds allotted to the States under all of 

3 the unconsolidated formulas in fiscal year 

4 2010. 

5 ‘‘(iv) RULE OF CONSTRUCTION.—The 

6 amounts used to adjust the allotments to a 

7 State under subparagraph (B) for a fiscal 

8 year shall not be included in the calcula9 tion of the amounts under clause (i) for a 

10 subsequent fiscal year, including the cal11 culation of allocation percentages for a 

12 preceding fiscal year applicable to para13 graphs (3) and (4) and to the unconsoli14 dated formulas described in clause (ii).’’; 

15 and 

16 (3) in subsection (c)— 

17 (A) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) AMOUNT.—The amount available for real20 lotment for a program year is equal to the amount 

21 by which the unexpended balance at the end of the 

22 program year prior to the program year for which 

23 the determination is made exceeds 30 percent of the 

24 total amount of funds available to the State under 

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1 ing amounts allotted to the State in all prior pro2 gram years that remained available). For purposes 

3 of this paragraph, the expended balance is the 

4 amount that is the difference between— 

5 ‘‘(A) the total amount of funds available to 

6 the State under this section during the program 

7 year prior to the program year for which the 

8 determination is made (including amounts allot9 ted to the State in all prior program years that 

10 remained available); and 

11 ‘‘(B) the accrued expenditures during such 

12 prior program year.’’; 

13 (B) in paragraph (3)— 

14 (i) by striking ‘‘for the prior program 

15 year’’ and inserting ‘‘for the program year 

16 in which the determination is made’’; and 

17 (ii) by striking ‘‘such prior program 

18 year’’ and inserting ‘‘such program year’’; 

19 (C) by amending paragraph (4) to read as 

20 follows: 

21 ‘‘(4) ELIGIBILITY.—For purposes of this sub22 section, an eligible State means a State that does 

23 not have an amount available for reallotment under 

24 paragraph (2) for the program year for which the 

25 determination under paragraph (2) is made.’’; and 


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1 (D) in paragraph (5), by striking ‘‘obliga2 tion’’ and inserting ‘‘accrued expenditure’’. 

3 (d) WITHIN STATE ALLOCATIONS.—Section 133 (29 

4 U.S.C. 2863) is amended— 

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

7 ‘‘(a) RESERVATION FOR STATEWIDE ACTIVITIES.— 

8 The Governor of a State may reserve up to 40 percent 

9 of the total amount allotted to the State under section 132 

10 for a fiscal year to carry out the statewide activities de11 scribed in section 134(a).’’; 

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

14 ‘‘(b) ALLOCATIONS TO LOCAL AREAS.— 

15 ‘‘(1) IN GENERAL.—Of the amounts allotted to 

16 the State under section 132(b)(2) and not reserved 

17 under subsection (a)— 

18 ‘‘(A) 85 percent of such amounts shall be 

19 allocated by the Governor to local areas in ac20 cordance with paragraph (2); and 

21 ‘‘(B) 15 percent of such amounts shall be 

22 allocated by the Governor to local areas in ac23 cordance with paragraph (3). 

24 ‘‘(2) ESTABLISHED FORMULA.— 


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1 ‘‘(A) IN GENERAL.—Of the amounts de2 scribed in paragraph (1)(A), the Governor shall 

3 allocate— 

4 ‘‘(i) 60 percent on the basis of the rel5 ative number of unemployed individuals in 

6 each local area, compared to the total 

7 number of unemployed individuals in all 

8 local areas in the State; 

9 ‘‘(ii) 25 percent on the basis of the 

10 relative excess number of unemployed indi11 viduals in each local area, compared to the 

12 total excess number of unemployed individ13 uals in all local areas in the State; and 

14 ‘‘(iii) 15 percent shall be allotted on 

15 the basis of the relative number of dis16 advantaged adults in each local area, com17 pared to the total number of disadvantaged 

18 adults in all local areas in the State. 

19 ‘‘(B) MINIMUM AND MAXIMUM PERCENT20 AGES.—The Governor shall ensure that no local 

21 area shall receive an allocation for a fiscal year 

22 under this paragraph that is less than 90 per23 cent or greater than 130 percent of the alloca24 tion percentage of the local area for the pre25 ceding fiscal year. 


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1 ‘‘(C) DEFINITIONS.— 

2 ‘‘(i) ALLOCATION PERCENTAGE.—The 

3 term ‘allocation percentage’, used with re4 spect to fiscal year 2011 or a subsequent 

5 fiscal year, means a percentage of the 

6 amount described in paragraph (1)(A) that 

7 is received through an allocation made 

8 under this paragraph for the fiscal year. 

9 The term, with respect to fiscal year 2010, 

10 means the percentage of the amounts allo11 cated to local areas under this chapter (as 

12 in effect on the day before the date of en13 actment of the Workforce Investment Im14 provement Act of 2009) that is received by 

15 the local area involved for fiscal year 2010. 

16 ‘‘(ii) DISADVANTAGED ADULT.—The 

17 term ‘disadvantaged adult’ means an indi18 vidual who is age 22 through 72 who re19 ceived an income, or is a member of a fam20 ily that received a total family income, 

21 that, in relation to family size, does not ex22 ceed the poverty line. 

23 ‘‘(iii) EXCESS NUMBER.—The term 

24 ‘excess number’ means, used with respect 

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1 viduals within a local area, the number 

2 that represents the number of unemployed 

3 individuals in excess of 4.5 percent of the 

4 civilian labor force in the local area. 

5 ‘‘(3) DISCRETIONARY ALLOCATION.—The Gov6 ernor shall allocate to local areas the amounts de7 scribed in paragraph (1)(B) based on a formula de8 veloped in consultation with the State board and 

9 local boards. Such formula shall be objective and 

10 geographically equitable and may include such demo11 graphic and economic factors as the Governor, after 

12 consultation with the State board and local boards, 

13 determines are appropriate. 

14 ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— 

15 ‘‘(A) IN GENERAL.—Of the amounts allo16 cated to a local area under this subsection and 

17 section 128(b) for a fiscal year, not more than 

18 10 percent of the amount may be used by the 

19 local boards for the administrative costs of car20 rying out local workforce investment activities 

21 under this chapter or chapter 4. 

22 ‘‘(B) USE OF FUNDS.—Funds made avail23 able for administrative costs under subpara24 graph (A) may be used for the administrative 

25 costs of any of the local workforce investment 


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1 activities described in this chapter or chapter 4, 

2 regardless of whether the funds were allocated 

3 under this subsection or section 128(b).’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘para6 graph (2)(A) or (3) of’’; 

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

8 follows: 

9 ‘‘(2) AMOUNT.—The amount available for re10 allocation for a program year is equal to the amount 

11 by which the unexpended balance at the end of the 

12 program year prior to the program year for which 

13 the determination is made exceeds 30 percent of the 

14 total amount of funds available to the local area 

15 under this section during such prior program year 

16 (including amounts allotted to the local area in prior 

17 program years that remain available). For purposes 

18 of this paragraph, the unexpended balance is the 

19 amount that is the difference between— 

20 ‘‘(A) the total amount of funds available to 

21 the local area under this section during the pro22 gram year prior to the program year for which 

23 the determination is made (including amounts 

24 allocated to the local area in all prior program 

25 years that remained available); and 


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1 ‘‘(B) the accrued expenditures during such 

2 prior program year.’’; 

3 (C) by amending paragraph (3)— 

4 (i) by striking ‘‘subsection (b)(3)’’ the 

5 first two places it appears and inserting 

6 ‘‘subsection (b)’’; 

7 (ii) by striking ‘‘the prior program 

8 year’’ and inserting ‘‘the program year in 

9 which the determination is made’’; 

10 (iii) by striking ‘‘such prior program 

11 year’’ and inserting ‘‘such program year’’; 

12 and 

13 (iv) by striking the last sentence; and 

14 (D) by amending paragraph (4) to read as 

15 follows: 

16 ‘‘(4) ELIGIBILITY.—For purposes of this sub17 section, an eligible local area means a local area 

18 which does not have an amount available for re19 allocation under paragraph (2) for the program year 

20 for which the determination under paragraph (2) is 

21 made.’’. 

22 (e) USE OF FUNDS FOR EMPLOYMENT AND TRAIN23 ING ACTIVITIES.— 


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1 (1) STATEWIDE EMPLOYMENT AND TRAINING

2 ACTIVITIES.—Section 134(a) (29 U.S.C. 2864(a)) is 

3 amended to read as follows: 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) REQUIRED USE OF FUNDS.—Not less 

6 than 60 percent of the funds reserved by a Gov7 ernor under section 133(a) shall be used to sup8 port one-stop delivery systems and the provision 

9 of work ready services, and, in addition, may be 

10 used to support the provision of discretionary 

11 one-step delivery services, in local areas, con12 sistent with the local plan, through one-stop de13 livery systems by distributing funds to local 

14 areas in accordance with subparagraph (B). 

15 Such funds may be used by States to employ 

16 State personnel to provide such services in des17 ignated local areas in consultation with local 

18 boards. 

19 ‘‘(B) METHOD OF DISTRIBUTING

20 FUNDS.—The method of distributing funds 

21 under this paragraph shall be developed in con22 sultation with the State board and local boards. 

23 Such method of distribution, which may include 

24 the formula established under section 

25 121(h)(3), shall be objective and geographically 


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1 equitable, and may include factors such as the 

2 number of centers in the local area that have 

3 been certified, the population served by such 

4 centers, and the performance of such centers. 

5 ‘‘(C) OTHER USE OF FUNDS.—Funds re6 served by a Governor for a State— 

7 ‘‘(i) under section 133(a) and not 

8 used under subparagraph (A), may be used 

9 for statewide activities described in para10 graph (2); and 

11 ‘‘(ii) under section 133(a) and not 

12 used under subparagraph (A), and under 

13 section 128(a) may be used to carry out 

14 any of the statewide employment and 

15 training activities described in paragraph 

16 (3). 

17 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI18 TIES.—A State shall carry out statewide rapid re19 sponse activities using funds reserved as described in 

20 section 133(a). Such activities shall include— 

21 ‘‘(A) provision of rapid response activities, 

22 carried out in local areas by the State or by an 

23 entity designated by the State, working in con24 junction with the local boards and the chief 

25 elected officials in the local areas; and 


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1 ‘‘(B) provision of additional assistance to 

2 local areas that experience disasters, mass lay3 offs or plant closings, or other events that pre4 cipitate substantial increases in the number of 

5 unemployed individuals, carried out in local 

6 areas by the State, working in conjunction with 

7 the local boards and the chief elected officials in 

8 the local areas. 

9 ‘‘(3) STATEWIDE ACTIVITIES.—Funds reserved 

10 by a Governor for a State as described in sections 

11 133(a) and 128(a) may be used for statewide activi12 ties including— 

13 ‘‘(A) supporting the provision of work 

14 ready services described in section 134(c)(2) in 

15 the one-stop delivery system; 

16 ‘‘(B) implementing innovative programs 

17 and strategies designed to meet the needs of all 

18 businesses in the State, including small busi19 nesses, which may include incumbent worker 

20 training programs, sectoral and industry cluster 

21 strategies and partnerships, including regional 

22 skills alliances, sectoral skills partnerships (in 

23 which representatives of multiple employers for 

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1 viders of training services described in sub2 section (c)(4), labor federations, and other enti3 ties that can provide needed supportive services 

4 tailored to the needs of workers in that sector 

5 or group, for a local area or region, identify 

6 gaps between the current and expected demand 

7 and supply of labor and skills in that sector or 

8 group for that area or region and develop a 

9 strategic skills gap action plan), career ladder 

10 programs, micro-enterprise and entrepreneurial 

11 training and support programs, utilization of ef12 fective business intermediaries, activities to im13 prove linkages between the one-stop delivery 

14 system in the State and all employers (includ15 ing small employers) in the State, and other 

16 business services and strategies that better en17 gage employers in workforce investment activi18 ties and make the workforce investment system 

19 more relevant to the needs of State and local 

20 businesses, consistent with the objectives of this 

21 title; 

22 ‘‘(C) conducting evaluations under section 

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1 tions carried out by the Secretary under section 

2 172, research, and demonstration projects; 

3 ‘‘(D) providing incentive grants to local 

4 areas for regional cooperation among local 

5 boards (including local boards in a designated 

6 region as described in section 116(c)), for local 

7 coordination of activities carried out under this 

8 Act, and for exemplary performance by local 

9 areas on the local performance measures; 

10 ‘‘(E) providing technical assistance and ca11 pacity building to local areas, one-stop opera12 tors, one-stop partners, and eligible providers, 

13 including the development and training of staff, 

14 the development of exemplary program activi15 ties, and the provision of technical assistance to 

16 local areas that fail to meet local performance 

17 measures; 

18 ‘‘(F) operating a fiscal and management 

19 accountability system under section 136(f); 

20 ‘‘(G) carrying out monitoring and over21 sight of activities carried out under this chapter 

22 and chapter 4; 

23 ‘‘(H) implementing innovative programs, 

24 such as incumbent worker training programs, 

25 programs and strategies designed to meet the 


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1 needs of businesses in the State, including small 

2 businesses, and engage employers in workforce 

3 activities, and programs serving individuals 

4 with disabilities consistent with section 188; 

5 ‘‘(I) developing strategies for effectively 

6 serving hard-to-serve populations and for inte7 grating programs and services among one-stop 

8 partners; and 

9 ‘‘(J) carrying out activities to facilitate re10 mote access to services provided through a one11 stop delivery system, including facilitating ac12 cess through the use of technology. 

13 ‘‘(4) LIMITATION.—Not more than 5 percent of 

14 the funds allotted under section 132(b) shall be used 

15 by the State for administrative activities carried out 

16 under this subsection and section 128(a).’’. 

17 (2) LOCAL EMPLOYMENT AND TRAINING AC18 TIVITIES.—Section 134(b) (29 U.S.C. 2864(b)) is 

19 amended— 

20 (A) by striking ‘‘under paragraph (2)(A)’’ 

21 and all that follows through ‘‘section 

22 133(b)(2)(B)’’ and inserting ‘‘under section 

23 133(b)’’; and 


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1 (B) in paragraphs (1) and (2), by striking 

2 ‘‘or dislocated workers, respectively’’ and insert3 ing ‘‘and dislocated workers’’. 

4 (3) CONFORMING AMENDMENT.—Section 134 

5 (29 U.S.C. 2864) is further amended— 

6 (A) by striking subsection (c); and 

7 (B) by redesignating subsections (d) and 

8 (e) as subsections (c) and (d), respectively. 

9 (4) REQUIRED LOCAL EMPLOYMENT AND

10 TRAINING ACTIVITIES.— 

11 (A) ALLOCATED FUNDS.—Section 

12 134(c)(1) (29 U.S.C. 2864(c)(1)) (as so redes13 ignated) is amended to read as follows: 

14 ‘‘(1) IN GENERAL.—Funds allocated to a local 

15 area for adults under section 133(b) shall be used— 

16 ‘‘(A) to establish a one-stop delivery sys17 tem as described in section 121(e); 

18 ‘‘(B) to provide the work ready services de19 scribed in paragraph (2) through the one-stop 

20 delivery system in accordance with such para21 graph; 

22 ‘‘(C) to provide training services described 

23 in paragraph (4) to adults described in such 

24 paragraph; and 


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1 ‘‘(D) to designate a dedicated business liai2 son in the local area who may be funded with 

3 funds provided under this title or from other 

4 sources to establish and develop relationships 

5 and networks with large and small employers 

6 and their intermediaries.’’. 

7 (B) WORK READY SERVICES.—Section 

8 134(c)(2) (29 U.S.C. 2864(c)(2)) (as so redes9 ignated) is amended— 

10 (i) in the heading, by striking ‘‘CORE

11 SERVICES’’ and inserting ‘‘WORK READY

12 SERVICES’’; 

13 (ii) by striking ‘‘core services’’ and in14 serting ‘‘work ready services’’; 

15 (iii) by striking ‘‘who are adults or 

16 dislocated workers’’; 

17 (iv) in subparagraph (A), by inserting 

18 ‘‘and assistance in obtaining eligibility de19 terminations under the other one-stop 

20 partner programs through such activities 

21 as assisting in the submission of applica22 tions, the provision of information on the 

23 results of such applications, the provision 

24 of intake services and information, and, 

25 where appropriate and consistent with the 


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1 authorizing statute of the one-stop partner 

2 program, determinations of eligibility’’ 

3 after ‘‘subtitle’’; 

4 (v) by amending subparagraph (D) to 

5 read as follows: 

6 ‘‘(D) labor exchange services, including— 

7 ‘‘(i) job search and placement assist8 ance, and where appropriate career coun9 seling; 

10 ‘‘(ii) appropriate recruitment services 

11 for employers, including small employers, 

12 in the local area, which may include serv13 ices described in this subsection, including 

14 information and referral to specialized 

15 business services not traditionally offered 

16 through the one-stop delivery system; and 

17 ‘‘(iii) reemployment services provided 

18 to unemployment claimants, including 

19 claimants identified as in need of such 

20 services under the worker profiling system 

21 established under section 303(j) of the So22 cial Security Act (42 U.S.C. 503(j);’’; 

23 (vi) in subparagraph (E), by striking 

24 ‘‘employment statistics’’ and inserting 

25 ‘‘workforce and labor market information’’; 


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1 (vii) in subparagraph (I), by inserting 

2 ‘‘and the administration of the work test 

3 for the unemployment compensation sys4 tem’’ after ‘‘compensation’’; 

5 (viii) by amending subparagraph (J) 

6 to read as follows: 

7 ‘‘(J) assistance in establishing eligibility 

8 for programs of financial aid assistance for 

9 training and education programs that are not 

10 funded under this Act and are available in the 

11 local area; and’’; and 

12 (ix) by redesignating subparagraph 

13 (K) as subparagraph (V); and 

14 (x) by inserting the following new sub15 paragraphs after subparagraph (J): 

16 ‘‘(K) the provision of information from of17 ficial publications of the Internal Revenue Serv18 ice, regarding Federal tax credits available to 

19 individuals relating to education, job training 

20 and employment, including the Hope Scholar21 ship Credit and the Lifetime Learning Credit 

22 (26 U.S.C. 25A), and the Earned Income Tax 

23 Credit (26 U.S.C. 32); 

24 ‘‘(L) services relating to the Work Oppor25 tunity Tax Credit (26 U.S.C. 51); 


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1 ‘‘(M) comprehensive and specialized assess2 ments of the skill levels and service needs of 

3 adults and dislocated workers, which may in4 clude— 

5 ‘‘(i) diagnostic testing and use of 

6 other assessment tools; and 

7 ‘‘(ii) in-depth interviewing and evalua8 tion to identify employment barriers and 

9 appropriate employment goals; 

10 ‘‘(N) development of an individual employ11 ment plan, to identify the employment goals, 

12 appropriate achievement objectives, and appro13 priate combination of services for the participa14 tion to achieve the employment goals; 

15 ‘‘(O) group counseling; 

16 ‘‘(P) individual counseling and career plan17 ning; 

18 ‘‘(Q) case management; 

19 ‘‘(R) short-term pre-vocational services, in20 cluding development of learning skills, commu21 nications skills, interviewing skills, punctuality, 

22 personal maintenance skills, and professional 

23 conduct, to prepare individuals for unsubsidized 

24 employment or training; 

25 ‘‘(S) internships and work experience; 


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1 ‘‘(T) literacy activities relating to basic 

2 work readiness, information and communication 

3 technology literacy activities, and financial lit4 eracy activities, if such activities are not avail5 able to participants in the local area under pro6 grams administered under the Adult Education 

7 and Family Literacy Act (20 U.S.C. 2901 et 

8 seq.); 

9 ‘‘(U) out-of-area job search assistance and 

10 relocation assistance; and’’. 

11 (C) DELIVERY OF SERVICES.—Section 

12 134(c)(3) (29 U.S.C. 2864(c)(3)) (as so redes13 ignated) is amended to read as follows: 

14 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

15 services described in section 132(c)(2) shall be pro16 vided through the one-stop delivery system and may 

17 be provided through contracts with public, private 

18 for-profit, and private nonprofit service providers, 

19 approved by the local board.’’. 

20 (D) TRAINING SERVICES.—Section 

21 134(c)(4) (29 U.S.C. 2864(c)(4)) (as so redes22 ignated) is amended— 

23 (i) by amending subparagraph (A) to 

24 read as follows: 


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1 ‘‘(A) IN GENERAL.—Funds allocated to a 

2 local area under section 133(b) shall be used to 

3 provide training services to adults who— 

4 ‘‘(i) after an interview, evaluation, or 

5 assessment, and case management, have 

6 been determined by a one-stop operator or 

7 one-stop partner, as appropriate, to— 

8 ‘‘(I) be in need of training serv9 ices to obtain or retain suitable em10 ployment; and 

11 ‘‘(II) have the skills and quali12 fications to successfully participate in 

13 the selected program of training serv14 ices; 

15 ‘‘(ii) select programs of training serv16 ices that are directly linked to the employ17 ment opportunities in the local area in18 volved or in another area in which the 

19 adults receiving such services are willing to 

20 commute or relocate; 

21 ‘‘(iii) who meet the requirements of 

22 subparagraph (B); and 

23 ‘‘(iv) who are determined eligible in 

24 accordance with the priority system in ef25 fect under subparagraph (E).’’; 


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1 (ii) in subparagraph (B)(i), by strik2 ing ‘‘Except’’ and inserting ‘‘Notwith3 standing section 479B of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1087uu) 

5 and except’’; 

6 (iii) by amending subparagraph (D) to 

7 read as follows: 

8 ‘‘(D) TRAINING SERVICES.—Training serv9 ices authorized under this paragraph may in10 clude— 

11 ‘‘(i) occupational skills training; 

12 ‘‘(ii) on-the-job training; 

13 ‘‘(iii) skill upgrading and retraining; 

14 ‘‘(iv) entrepreneurial training; 

15 ‘‘(v) education activities leading to a 

16 high school diploma or its equivalent, in17 cluding a General Educational Develop18 ment credential, in combination with, con19 currently or subsequently, occupational 

20 skills training; 

21 ‘‘(vi) adult education and literacy ac22 tivities provided in conjunction with other 

23 training authorized under this subpara24 graph; 


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1 ‘‘(vii) workplace training combined 

2 with related instruction; and 

3 ‘‘(viii) occupational skills training that 

4 incorporates English language acquisi5 tion.’’; 

6 (iv) by amending subparagraph (E) to 

7 read as follows: 

8 ‘‘(E) PRIORITY.— 

9 ‘‘(i) IN GENERAL.—A priority shall be 

10 given to unemployed individuals and em11 ployed workers who need training services 

12 to retain employment or to advance in a 

13 career for the provision of intensive and 

14 training services under this subsection. 

15 ‘‘(ii) DETERMINATIONS.—The Gov16 ernor and the appropriate local board shall 

17 direct the one-stop operators in the local 

18 area with regard to making determinations 

19 with respect to the priority of service under 

20 this subparagraph.’’; 

21 (v) in subparagraph (F)— 

22 (I) in clause (ii)— 

23 (aa) in the matter preceding 

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1 section (c)’’ and inserting ‘‘sec2 tion 121’’; and 

3 (bb) in clause (II), by strik4 ing ‘‘subsections (e) and (h)’’ and 

5 inserting ‘‘subsection (i)’’; and 

6 (II) by striking clause (iii) and 

7 inserting the following: 

8 ‘‘(iii) CAREER ENHANCEMENT AC9 COUNTS.—An individual who seeks train10 ing services and who is eligible pursuant to 

11 subparagraph (A), may, in consultation 

12 with a case manager, select an eligible pro13 vider of training services from the list or 

14 identifying information for providers de15 scribed in clause (ii)(I). Upon such selec16 tion, the one-stop operator involved shall, 

17 to the extent practicable, refer such indi18 vidual to the eligible provider of training 

19 services, and arrange for payment for such 

20 services through a career enhancement ac21 count. 

22 ‘‘(iv) COORDINATION.—Each local 

23 board may, through one-stop centers, co24 ordinate career enhancement accounts with 

25 other Federal, State, local, or private job 


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1 training programs or sources to assist the 

2 individual in obtaining training services. 

3 ‘‘(v) ENHANCED CAREER ENHANCE4 MENT ACCOUNTS.—Each local board may, 

5 through one-stop centers, assist individuals 

6 receiving career enhancement accounts 

7 through the establishment of such accounts 

8 that include, in addition to the funds pro9 vided under this paragraph, funds from 

10 other programs and sources that will assist 

11 the individual in obtaining training serv12 ices.’’; and 

13 (vi) in subparagraph (G)— 

14 (I) in the subparagraph heading, 

15 by striking ‘‘INDIVIDUAL TRAINING

16 ACCOUNTS’’ and inserting ‘‘CAREER

17 ENHANCEMENT ACCOUNTS’’; 

18 (II) in clause (i) by striking ‘‘in19 dividual training accounts’’ and in20 serting ‘‘career enhancement ac21 counts’’; 

22 (III) in clause (ii)— 

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1 serting ‘‘a career enhancement 

2 account’’; 

3 (bb) in subclause (II), by 

4 striking ‘‘individual training ac5 counts’’ and inserting ‘‘career en6 hancement accounts’’; 

7 (cc) in subclause (II) by 

8 striking ‘‘or’’ after the semicolon; 

9 (dd) in subclause (III) by 

10 striking the period and inserting 

11 ‘‘; or’’; and 

12 (ee) by adding at the end of 

13 the following: 

14 ‘‘(IV) the local board determines 

15 that it would be most appropriate to 

16 award a contract to an institution of 

17 higher education in order to facilitate 

18 the training of multiple individuals in 

19 high-demand occupations, if such con20 tract does not limit customer choice.’’. 

21 (IV) in clause (iv)— 

22 (aa) by redesignating sub23 clause (IV) as subclause (V) and 

24 inserting after subclause (III) the 

25 following: 


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1 ‘‘(IV) Individuals with disabil2 ities.’’. 

3 (5) PERMISSIBLE ACTIVITIES.—Section 134(d) 

4 (as so redesignated) (29 U.S.C. 2864(d)) is amend5 ed— 

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

7 follows: 

8 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC9 TIVITIES.— 

10 ‘‘(A) IN GENERAL.—Funds allocated to a 

11 local area under section 133(b) may be used to 

12 provide, through the one-stop delivery system— 

13 ‘‘(i) customized screening and referral 

14 of qualified participants in training serv15 ices to employers; 

16 ‘‘(ii) customized employment-related 

17 services to employers on a fee-for-service 

18 basis; 

19 ‘‘(iii) customer support to navigate 

20 among multiple services and activities for 

21 special participant populations that face 

22 multiple barriers to employment, including 

23 individuals with disabilities; 

24 ‘‘(iv) employment and training assist25 ance provided in coordination with child 


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1 support enforcement activities of the State 

2 agency carrying out subtitle D of title IV 

3 of the Social Security Act (42 U.S.C. 651 

4 et seq.); 

5 ‘‘(v) activities to improve services to 

6 local employers, including small employers 

7 in the local area, and increase linkages be8 tween the local workforce investment sys9 tem and employers; 

10 ‘‘(vi) activities to facilitate remote ac11 cess to services provided through a one12 stop delivery system, including facilitating 

13 access through the use of technology; and 

14 ‘‘(vii) activities to carry out business 

15 services and strategies that meet the work16 force investment needs of local area em17 ployers, as determined by the local board, 

18 consistent with the local plan under section 

19 118, which services— 

20 ‘‘(I) may be provided through ef21 fective business intermediaries work22 ing in conjunction with the local 

23 board, and may also be provided on a 

24 fee-for-service basis or through the 

25 leveraging of economic development 


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1 and other resources as determined ap2 propriate by the local board; and 

3 ‘‘(II) may include— 

4 ‘‘(aa) identifying and dis5 seminating to business, edu6 cators, and job seekers, informa7 tion related to the workforce, eco8 nomic and community develop9 ment needs, and opportunities of 

10 the local economy; 

11 ‘‘(bb) development and deliv12 ery of innovative workforce in13 vestment services and strategies 

14 for area businesses, which may 

15 include sectoral, industry cluster, 

16 regional skills alliances, career 

17 ladder, skills upgrading, skill 

18 standard development and certifi19 cation, apprenticeship, and other 

20 effective initiatives for meeting 

21 the workforce investment needs 

22 of area employers and workers; 

23 ‘‘(cc) participation in semi24 nars and classes offered in part25 nership with relevant organizaVerDate Nov 24 2008 20:33 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 tions focusing on the workforce2 related needs of area employers 

3 and job seekers; 

4 ‘‘(dd) training consulting, 

5 needs analysis, and brokering 

6 services for area businesses, in7 cluding the organization and ag8 gregation of training (which may 

9 be paid for with funds other than 

10 those provided under this title), 

11 for individual employers and coa12 litions of employers with similar 

13 interests, products, or workforce 

14 needs; 

15 ‘‘(ee) assistance to area em16 ployers in the aversion of layoffs 

17 and in managing reductions in 

18 force in coordination with rapid 

19 response activities; 

20 ‘‘(ff) the marketing of busi21 ness services offered under this 

22 title, to appropriate area employ23 ers, including small and mid24 sized employers; 


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1 ‘‘(gg) information referral 

2 on concerns affecting local em3 ployers; and 

4 ‘‘(hh) other business services 

5 and strategies designed to better 

6 engage employers in workforce 

7 investment activities and to make 

8 the workforce investment system 

9 more relevant to the workforce 

10 investment needs of area busi11 nesses, as determined by the local 

12 board to be consistent with the 

13 objectives of this title. 

14 ‘‘(B) WORK SUPPORT ACTIVITIES FOR

15 LOW-WAGE WORKERS.— 

16 ‘‘(i) IN GENERAL.—Funds allocated to 

17 a local area under 133(b) may be used to 

18 provide, through the one-stop delivery sys19 tem and in collaboration with the appro20 priate programs and resources of the one21 stop partners, work support activities de22 signed to assist low-wage workers in re23 taining and enhancing employment. The 

24 one stop partners shall coordinate the ap25 propriate programs and resources of the 


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1 partners with the activities and resources 

2 provided under this subparagraph. 

3 ‘‘(ii) ACTIVITIES.—The activities de4 scribed in clause (i) may include assistance 

5 in accessing financial supports for which 

6 such workers may be eligible and the provi7 sion of activities available through the one8 stop delivery system in a manner that en9 hances the opportunities of such workers 

10 to participate, such as the provision of em11 ployment and training activities during 

12 nontraditional hours and the provision of 

13 on-site child care while such activities are 

14 being provided.’’; 

15 (B) in subparagraph 3(A), by striking 

16 ‘‘Funds allocated’’ and all that follows through 

17 ‘‘section 133(b)(2)(B)’’ and insert ‘‘Funds allo18 cated to a local area under section 133(b)’’; and 

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

20 ‘‘(4) INCUMBENT WORKER TRAINING PRO21 GRAMS.— 

22 ‘‘(A) IN GENERAL.—The local board may 

23 use up to 10 percent of the funds allocated to 

24 a local area under section 133(b) to carry out 


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1 incumbent worker training programs in accord2 ance with this paragraph. 

3 ‘‘(B) TRAINING ACTIVITIES.—The training 

4 programs for incumbent workers under this 

5 paragraph shall be carried out by the local area 

6 in conjunction with the employers of such work7 ers for the purpose of assisting such workers in 

8 obtaining the skills necessary to retain employ9 ment and avert layoffs. 

10 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

11 ‘‘(i) IN GENERAL.—Employers partici12 pating in programs under this paragraph 

13 shall be required to pay a proportion of the 

14 costs of providing the training to the in15 cumbent workers of the employers. The 

16 State board, in consultation with the local 

17 board as appropriate, shall establish the 

18 required portion of such costs, which may 

19 include in-kind contributions. The required 

20 portion shall not be less than— 

21 ‘‘(I) 10 percent of the costs, for 

22 employers with 50 or fewer employees; 

23 ‘‘(II) 25 percent of the costs, for 

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1 ees but fewer than 100 employees; 

2 and 

3 ‘‘(III) 50 percent of the costs, for 

4 employers with 100 or more employ5 ees. 

6 ‘‘(ii) CALCULATION OF MATCH.—The 

7 wages paid by an employer to a worker 

8 while they are attending training may be 

9 included as part of the requirement pay10 ment of the employer.’’. 

11 (6) PRIORITY FOR PLACEMENT IN PRIVATE

12 SECTOR JOBS.—Section 134 (29 U.S.C. 2864) is 

13 further amended by adding at the end the following: 

14 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

15 JOBS.—In providing employment and training activities 

16 authorized under this section, the State and local board 

17 shall give priority to placing participants in jobs in the 

18 private sector.’’. 

19 SEC. 113. PERFORMANCE ACCOUNTABILITY SYSTEM. 

20 (a) STATE PERFORMANCE MEASURES.— 

21 (1) IN GENERAL.—Section 136(b)(1) (29 

22 U.S.C. 2871(b)(1)) is amended— 

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

24 ‘‘and the customer satisfaction indicator of per25 formance described in paragraph (2)(B)’’; and 


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1 (B) in subparagraph (A)(ii), by striking 

2 ‘‘paragraph (2)(C)’’ and inserting ‘‘paragraph 

3 (2)(B)’’. 

4 (2) INDICATORS OF PERFORMANCE.—Section 

5 136(b)(2) (29 U.S.C. 2871(b)(2)) is amended— 

6 (A) in subparagraph (A)(i)— 

7 (i) by striking ‘‘(except for self-service 

8 and information activities) and (for partici9 pants who are eligible youth age 19 

10 through 21) for youth activities authorized 

11 under section 129’’; 

12 (ii) in subclause (II), by striking ‘‘6 

13 months after entry into the employment’’ 

14 and inserting ‘‘and’’ after the semicolon; 

15 and 

16 (iii) by striking subclause (III), and 

17 inserting the following: 

18 ‘‘(III) average earnings from un19 subsidized employment.’’; 

20 (B) by striking subclause (IV) of subpara21 graph (A)(i); 

22 (C) by amending subparagraph (A)(ii) to 

23 read as follows: 

24 ‘‘(ii) CORE INDICATORS FOR ELIGIBLE

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1 ance for youth activities authorized under 

2 section 129 shall consist of— 

3 ‘‘(I) entry into employment, edu4 cation or advanced training, or mili5 tary service; 

6 ‘‘(II) attainment of secondary 

7 school diploma, General Educational 

8 Development credential (GED), or 

9 other State-recognized equivalent or 

10 certificate (including recognized alter11 native standards for individuals with 

12 disabilities); and 

13 ‘‘(III) literacy or numeracy 

14 gains.’’; 

15 (D) by striking subparagraph (B); and 

16 (E) by redesignating subparagraph (C) as 

17 subparagraph (B), and by adding at the end of 

18 such subparagraph the following new sentence: 

19 ‘‘Such indicators may include customer satisfac20 tion of employers and participants with services 

21 received from the workforce investment activi22 ties authorized under this subtitle.’’. 

23 (3) LEVELS OF PERFORMANCE.—Section 

24 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend25 ed— 


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1 (A) in clause (i), by striking ‘‘and the cus2 tomer satisfaction indicator described in para3 graph (2)(B)’’; 

4 (B) in clause (ii), by striking ‘‘and the cus5 tomer satisfaction indicator of performance, for 

6 the first 3’’ and inserting ‘‘for the 2’’; 

7 (C) in clause (iii)— 

8 (i) in the heading, by striking ‘‘FOR

9 FIRST 3 YEARS’’; and 

10 (ii) by striking ‘‘and the customer sat11 isfaction indicator of performance, for the 

12 first 3’’ and inserting ‘‘for the 2’’; 

13 (D) in clause (iv)— 

14 (i) by striking subclause (I); 

15 (ii) by redesignating subclauses (II) 

16 and (III) as subclauses (I) and (II), re17 spectively; and 

18 (iii) in subclause (I) (as so redesig19 nated)— 

20 (I) by striking ‘‘taking into ac21 count’’ and inserting ‘‘which shall be 

22 adjusted based on’’; 

23 (II) by inserting ‘‘, such as un24 employment rates and job losses or 


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1 gains in particular industries’’ after 

2 ‘‘economic conditions’’; and 

3 (III) by inserting ‘‘, such as indi4 cators of poor work history, lack of 

5 work experience, dislocation from 

6 high-wage employment, low levels of 

7 literacy or English proficiency, dis8 ability status, including the number of 

9 veterans with disabilities, and welfare 

10 dependency’’ after ‘‘program’’; 

11 (E) by striking clause (v) and redesig12 nating clause (vi) as clause (v); and 

13 (F) in clause (vi) (as so redesignated)— 

14 (i) by striking ‘‘clause (iv)(II)’’ and 

15 inserting ‘‘subclause (iv)(I)’’; and 

16 (ii) striking ‘‘or (v)’’. 

17 (4) ADDITIONAL INDICATORS.—Section 

18 136(b)(3)(B) is amended by striking ‘‘paragraph 

19 (2)(C)’’ and inserting ‘‘paragraph (2)(B)’’. 

20 (b) LOCAL PERFORMANCE MEASURES.—Section 

21 136(c) (29 U.S.C. 2871(c)) is amended— 

22 (1) in paragraph (1)(A)(i), by striking ‘‘, and 

23 the customer satisfaction indicator of performance 

24 described in subsection (b)(2)(B),’’; 


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1 (2) in paragraph (1)(A)(ii), by striking ‘‘sub2 section (b)(2)(C)’’ and inserting ‘‘subsection 

3 (b)(2)(B)’’; and 

4 (3) by amending paragraph (3) to read as fol5 lows: 

6 ‘‘(3) DETERMINATIONS.—In determining such 

7 local levels of performance, the local board, the chief 

8 elected official, and the Governor shall ensure such 

9 levels are adjusted based on the specific economic 

10 characteristics (such as unemployment rates and job 

11 losses or gains in particular industries), demographic 

12 characteristics, or other characteristics of the popu13 lation to be served in the local area, such as poor 

14 work history, lack of work experience, dislocation 

15 from high-wage employment, low levels of literacy or 

16 English proficiency, disability status, including the 

17 number of veterans with disabilities, and welfare de18 pendency.’’. 

19 (c) REPORT.—Section 136(d) (29 U.S.C. 2871(d)) is 

20 amended— 

21 (1) in paragraph (1), by striking ‘‘and the cus22 tomer satisfaction indicator’’ in both places that it 

23 appears; 

24 (2) in paragraph (2)— 


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1 (A) in subparagraph (A), by striking ‘‘sec2 tion 134(d)(4)’’ and inserting ‘‘section 

3 134(c)(4)’’; 

4 (B) in subparagraph (E), by striking ‘‘(ex5 cluding participants who received only self-serv6 ice and informational activities); and’’ and in7 serting a semicolon; 

8 (C) in subparagraph (F), by striking the 

9 period and inserting ‘‘; and’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(G) the number of participants who have 

12 received services other than followup services, 

13 authorized under this title, in the form of work 

14 ready services described in section 134(c)(2), 

15 and training services described in section 

16 134(c)(4), respectively; 

17 ‘‘(H) the number of participants who have 

18 received followup services authorized under this 

19 title; and 

20 ‘‘(I) the cost per participant for services 

21 authorized under this title.’’; and 

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

23 ‘‘(4) DATA VALIDATION.—In preparing the re24 ports described in this subsection, the States shall 

25 establish procedures, consistent with guidelines 


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1 issued by the Secretary, to ensure the information 

2 contained in the report is valid and reliable.’’. 

3 (d) SANCTIONS FOR STATE.—Section 136(g) (29 

4 U.S.C. 2871(g)) is amended— 

5 (1) in paragraph (1)(A), by striking ‘‘or (B)’’; 

6 and 

7 (2) in paragraph (2), by striking ‘‘section 503’’ 

8 and inserting ‘‘section 136(i)’’. 

9 (e) SANCTIONS FOR LOCAL AREAS.—Section 136(h) 

10 (29 U.S.C. 2871(h)) is amended— 

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

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

13 follows: 

14 ‘‘(B) APPEAL TO GOVERNOR.—A local area 

15 that is subject to a reorganization plan under 

16 subparagraph (A) may, not later than 30 days 

17 after receiving notice of the reorganization plan, 

18 appeal to the Governor to rescind or revise such 

19 plan. In such case, the Governor shall make a 

20 final decision not later than 30 days after the 

21 receipt of the appeal.’’. 

22 (f) INCENTIVE GRANTS.—Section 136(i) (29 U.S.C. 

23 2871(i)) is amended to read as follows: 

24 ‘‘(i) INCENTIVE GRANTS FOR STATES AND LOCAL

25 AREAS.— 


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1 ‘‘(1) INCENTIVE GRANTS FOR STATES.— 

2 ‘‘(A) IN GENERAL.—From funds appro3 priated under section 174, the Secretary may 

4 award incentive grants to States for exemplary 

5 performance in carrying programs under chap6 ters 4 and 5 of this title. Such awards may be 

7 based on States meeting or exceeding the per8 formance measures established under this sec9 tion, on the performance of the State in serving 

10 special populations, including the levels of serv11 ice provided and the performance outcomes, and 

12 such other factors relating to the performance 

13 of the State under this title as the Secretary 

14 determines is appropriate. 

15 ‘‘(B) USE OF FUNDS.—The funds awarded 

16 to a State under this paragraph may be used to 

17 carry out any activities authorized under chap18 ters 4 and 5 of this title, including— 

19 ‘‘(i) activities that provide technical 

20 assistance to local areas to replicate best 

21 practices for workforce and education pro22 grams; 

23 ‘‘(ii) activities that support the needs 

24 of businesses, especially for incumbent 


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1 workers and enhancing opportunities for 

2 retention and advancement; 

3 ‘‘(iii) activities that support linkages 

4 between the workforce and education pro5 grams, and secondary, post-secondary, or 

6 career and technical education programs, 

7 including activities under the Carl D. Per8 kins Career and Technical Education Act 

9 (20 U.S.C. 2301 et seq.), the Adult Edu10 cation and Family Literacy Act (20 U.S.C. 

11 9201 et seq.), and the Rehabilitation Act 

12 of 1973 (29 U.S.C. 701 et seq.); 

13 ‘‘(iv) activities that support regional 

14 economic development plans that support 

15 high-wage, high-skill, or high-demand occu16 pations leading to self-sufficiency; 

17 ‘‘(v) activities that coordinate the 

18 workforce and education programs with 

19 other Federal and State programs related 

20 to the workforce and education programs; 

21 ‘‘(vi) activities that support the devel22 opment of an integrated performance in23 formation system that includes common 

24 measures for one-stop partner programs 

25 described in section 121; 


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1 ‘‘(vii) activities that support activities 

2 to improve performance in workforce and 

3 education programs and program coordina4 tion of workforce and education programs; 

5 or 

6 ‘‘(viii) activities that leverage addi7 tional training resources, other than those 

8 provided through workforce and education 

9 programs, for adults and youth. 

10 ‘‘(2) INCENTIVE GRANTS FOR LOCAL AREAS.— 

11 ‘‘(A) IN GENERAL.—From funds reserved 

12 under sections 128(a) and 133(a), the Governor 

13 may award incentive grants to local areas for 

14 exemplary performance with respect to the 

15 measures established under this section and 

16 with the performance of the local area in serv17 ing special populations, including the levels of 

18 service and the performance outcomes. 

19 ‘‘(B) USE OF FUNDS.—The funds awarded 

20 to a local area may be used to carry out activi21 ties authorized for local areas under chapters 4 

22 and 5 of this title, the Adult Education and 

23 Family Literacy Act, and the Rehabilitation Act 

24 of 1973 (referred to in this subsection as ‘work25 force and education programs’), and such innoVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 vative projects or programs that increase co2 ordination and enhance service to participants 

3 in such programs, particularly hard-to-serve 

4 populations, as may be approved by the Gov5 ernor, including— 

6 ‘‘(i) activities that support the needs 

7 of businesses, especially for incumbent 

8 workers and enhancing opportunities for 

9 retention and advancement; 

10 ‘‘(ii) activities that support linkages 

11 between the workforce and education pro12 grams, and secondary, post-secondary, or 

13 career and technical education programs, 

14 including activities under the Carl D. Per15 kins Career and Technical Education Act 

16 (20 U.S.C. 2301 et seq.), the Adult Edu17 cation and Family Literacy Act (20 U.S.C. 

18 9201 et seq.), and the Rehabilitation Act 

19 of 1973 (29 U.S.C. 701 et seq.); 

20 ‘‘(iii) activities that support regional 

21 economic development plans that support 

22 high-wage, high-skill, or high-demand occu23 pations leading to self-sufficiency; 

24 ‘‘(iv) activities that coordinate the 

25 workforce and education programs with 


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1 other Federal and State programs related 

2 to the workforce and education programs; 

3 ‘‘(v) activities that support the devel4 opment of an integrated performance in5 formation system that includes common 

6 measures for one-stop partner programs 

7 described in section 121; 

8 ‘‘(vi) activities that support activities 

9 to improve performance in workforce and 

10 education programs and program coordina11 tion of workforce and education programs; 

12 or 

13 ‘‘(vii) activities that leverage addi14 tional training resources, other than those 

15 provided through workforce and education 

16 programs, for adults and youth.’’. 

17 (g) USE OF CORE INDICATORS FOR OTHER PRO18 GRAMS.—Section 136 (29 U.S.C. 2871) is further amend19 ed by adding at the end the following subsection: 

20 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO21 GRAMS.—In addition to the programs carried out under 

22 chapters 4 and 5, and consistent with the requirements 

23 of the applicable authorizing laws, the Secretary shall use 

24 the core indicators of performance described in subsection 

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1 scribed under section 121(b)(1)(B) that are carried out 

2 by the Secretary.’’. 

3 (h) REPEAL OF DEFINITIONS.—Sections 502 and 

4 503 (and the items related to such sections in the table 

5 of contents) are repealed. 

6 SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) YOUTH ACTIVITIES.—Section 137(a) (29 U.S.C. 

8 2872(a)) is amended by striking ‘‘such sums as may be 

9 necessary for each of fiscal years 1999 through 2003’’ and 

10 inserting ‘‘such sums as may be necessary for each of fis11 cal year 2011 through 2015’’. 

12 (b) ADULT EMPLOYMENT AND TRAINING ACTIVI13 TIES.—Section 137(b) (29 U.S.C. 2872(b)) is amended by 

14 striking ‘‘section 132(a)(1), such sums as may be nec15 essary for each of fiscal years 1999 through 2003’’ and 

16 inserting ‘‘section 132(a), such sums as may be necessary 

17 for each of fiscal years 2011 through 2015’’. 

18 (c) DISLOCATED WORKER EMPLOYMENT AND

19 TRAINING ACTIVITIES.—Section 137 is further amended 

20 by striking subsection (c). 

21 SEC. 115. JOB CORPS. 

22 (a) JOB CORPS CENTERS.—Section 147(a)(1)(A) (29 

23 U.S.C. 2887 (a)(1)(A)) is amended— 

24 (1) by striking ‘‘vocational education’’ and in25 serting ‘‘career and technical education’’; and 


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1 (2) by striking ‘‘vocational school’’ and insert2 ing ‘‘career and technical school’’. 

3 (b) PROGRAM ACTIVITIES.—Section 148 (29 U.S.C. 

4 2888) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) IN GENERAL.—Each Job Corps center 

9 shall provide enrollees with an intensive, well orga10 nized, and fully supervised program of education, ca11 reer training, work experience, recreational activities, 

12 physical rehabilitation and development, and coun13 seling. Each Job Corps center shall provide enrollees 

14 assigned to the center with access to work ready 

15 services described in section 134(c)(2).’’; and 

16 (B) in subparagraph (2)(A), by striking 

17 ‘‘vocational’’ and inserting ‘‘career’’; and 

18 (2) in subsection (b)— 

19 (A) in the header, by striking ‘‘VOCA20 TIONAL’’ and inserting ‘‘CAREER AND TECH21 NICAL’’; 

22 (B) by striking ‘‘vocational training’’ and 

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


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1 (C) by striking ‘‘, vocational educational 

2 institutions, or technical institutes’’ and insert3 ing ‘‘or career and technical institutions’’. 

4 (c) INDUSTRY COUNCILS.—Section 154(b) (29 

5 U.S.C. 2894(b)) is amended— 

6 (1) in paragraph (1)(A), by striking ‘‘local and 

7 distant’’; and 

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

9 ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREAS.— 

10 The industry council may include, or otherwise pro11 vide for consultation with, employers from outside 

12 the local area who are likely to hire a significant 

13 number of enrollees from the Job Corps center. 

14 ‘‘(4) SPECIAL RULE FOR SINGLE LOCAL AREA

15 STATES.—In the case of a single local area State 

16 designated under section 116(b), the industry coun17 cil shall include a representative of the State 

18 Board.’’. 

19 (d) INDICATORS OF PERFORMANCE AND ADDITIONAL

20 INFORMATION.—Section 159(c) (29 U.S.C. 2893(c)) is 

21 amended— 

22 (1) by amending paragraph (1) to read as fol23 lows: 

24 ‘‘(1) CORE INDICATORS.—The Secretary shall 

25 annually establish expected levels of performance for 


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1 Job Corps centers and the Job Corps program relat2 ing to each of the following core indicators of per3 formance for youth— 

4 ‘‘(A) entry into education, employment, 

5 military service or advanced training; 

6 ‘‘(B) attainment of a secondary school di7 ploma, General Educational Development cre8 dential (GED), or other State-recognized equiv9 alent; and 

10 ‘‘(C) literacy or numeracy gains.’’; and 

11 (2) in paragraph (2), by striking ‘‘measures’’ 

12 each place it appears and inserting ‘‘indicators’’. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 161 (29 U.S.C. 2901) is amended by striking ‘‘1999 

15 through 2003’’ and inserting ‘‘2011 through 2015’’. 

16 (f) REPEAL OF REQUIREMENT RELATING TO FED17 ERAL ADMINISTRATION.—Section 102 of the Departments 

18 of Labor, Health and Human Services, and Education, 

19 and Related Agencies Appropriations Act, 2006 (Public 

20 Law 109–149) is repealed. 

21 SEC. 116. NATIVE AMERICAN PROGRAMS. 

22 (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) (29 

23 U.S.C. 2911(h)(4)(C)) is amended to read as follows: 

24 ‘‘(C) DUTIES.—The Council shall advise 

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1 tion of the programs assisted under this sec2 tion.’’. 

3 (b) ASSISTANCE TO AMERICAN SAMOANS IN HA4 WAII.—Section 166 (29 U.S.C. 2911) is further amended 

5 by striking subsection (j). 

6 SEC. 117. MIGRANT AND SEASONAL FARM WORKER PRO7 GRAMS. 

8 Section 167(d) is amended by inserting ‘‘(including 

9 permanent housing)’’ after ‘‘housing’’. 

10 SEC. 118. VETERANS’ WORKFORCE INVESTMENT PRO11 GRAMS. 

12 Section 168(a)(3)(C) (29 U.S.C. 2913(a)(3)(C)) is 

13 amended by striking ‘‘section 134(c)’’ and inserting ‘‘sec14 tion 121(e)’’. 

15 SEC. 119. YOUTH CHALLENGE GRANTS. 

16 (a) IN GENERAL.—Section 169 (29 U.S.C. 2914) is 

17 amended to read as follows: 

18 ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. 

19 ‘‘(a) IN GENERAL.—Of the amounts reserved by the 

20 Secretary under section 127(a)(1)(A) for a fiscal year— 

21 ‘‘(1) the Secretary shall use not less than 80 

22 percent to award competitive grants under sub23 section (b); and 


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1 ‘‘(2) the Secretary may use not more than 20 

2 percent to award discretionary grants under sub3 section (c). 

4 ‘‘(b) COMPETITIVE GRANTS TO STATES AND LOCAL

5 AREAS.— 

6 ‘‘(1) ESTABLISHMENT.—From the funds de7 scribed in subsection (a)(1), the Secretary shall 

8 award competitive grants to eligible entities to carry 

9 out activities authorized under this section to assist 

10 eligible youth in acquiring the skills, credentials and 

11 employment experience necessary to succeed in the 

12 labor market. 

13 ‘‘(2) ELIGIBLE ENTITIES.—Grants under this 

14 subsection may be awarded to States, local boards, 

15 recipients of grants under section 166 (relating to 

16 Native American programs), and public or private 

17 entities (including consortia of such entities) apply18 ing in conjunction with local boards. 

19 ‘‘(3) GRANT PERIOD.—The Secretary may 

20 make a grant under this section for a period of 1 

21 year and may renew the grants for each of the 4 

22 succeeding years. 

23 ‘‘(4) AUTHORITY TO REQUIRE MATCH.—The 

24 Secretary may require that grantees under this sub25 section provide a non-Federal share of the cost of 


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1 activities carried out under a grant awarded under 

2 this subsection. 

3 ‘‘(5) PARTICIPANT ELIGIBILITY.—Youth ages 

4 14 through 19 as of the time the eligibility deter5 mination is made may be eligible to participate in 

6 activities provided under this subsection. 

7 ‘‘(6) USE OF FUNDS.—Funds under this sub8 section may be used for activities that are designed 

9 to assist youth in acquiring the skills, credentials 

10 and employment experience that are necessary to 

11 succeed in the labor market, including the activities 

12 identified in section 129. The activities may include 

13 activities such as— 

14 ‘‘(A) training and internships for out-of15 school youth in sectors of the economy experi16 encing or projected to experience high growth; 

17 ‘‘(B) after-school dropout prevention activi18 ties for in-school youth; 

19 ‘‘(C) activities designed to assist special 

20 youth populations, such as court-involved youth 

21 and youth with disabilities; and 

22 ‘‘(D) activities combining remediation of 

23 academic skills, work readiness training, and 

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1 secondary education, apprenticeships, and ca2 reer-ladder employment. 

3 ‘‘(7) APPLICATIONS.—To be eligible to receive a 

4 grant under this subsection, an eligible entity shall 

5 submit an application to the Secretary at such time, 

6 in such manner, and containing such information as 

7 the Secretary may require, including— 

8 ‘‘(A) a description of the activities the eli9 gible entity will provide to eligible youth under 

10 this subsection and how the eligible entity will 

11 collaborate with State and local workforce in12 vestment systems established under this title in 

13 the provisions of such activities; 

14 ‘‘(B) a description of the programs of dem15 onstrated effectiveness on which the provision 

16 of the activities under subparagraph (A) are 

17 based, and a description of how such activities 

18 will expand the base of knowledge relating to 

19 the provision of activities for youth; 

20 ‘‘(C) a description of the private and pub21 lic, and local and State resources that will be le22 veraged to provide the activities described under 

23 subparagraph (A) in addition to the funds pro24 vided under this subsection and a description of 


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1 the extent of the involvement of employers in 

2 the activities; and 

3 ‘‘(D) the levels of performance the eligible 

4 entity expects to achieve with respect to the in5 dicators of performance for youth specified in 

6 section 136(b)(2)(A)(ii). 

7 ‘‘(8) FACTORS FOR AWARD.— 

8 ‘‘(A) IN GENERAL.—In awarding grants 

9 under this subsection the Secretary shall con10 sider— 

11 ‘‘(i) the quality of the proposed activi12 ties; 

13 ‘‘(ii) the goals to be achieved; 

14 ‘‘(iii) the likelihood of successful im15 plementation; 

16 ‘‘(iv) the extent to which the proposed 

17 activities are based on proven strategies or 

18 the extent to which the proposed activities 

19 will expand the base of knowledge relating 

20 to the provision of activities for eligible 

21 youth; 

22 ‘‘(v) the extent of collaboration with 

23 the State and local workforce investment 

24 systems in carrying out the proposed ac25 tivities; 


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1 ‘‘(vi) the extent of employer involve2 ment in the proposed activities; 

3 ‘‘(vii) whether there are other Federal 

4 and non-Federal funds available for similar 

5 activities to the proposed activities, and the 

6 additional State, local, and private re7 sources that will be provided to carry out 

8 the proposed activities; 

9 ‘‘(viii) the quality of the proposed ac10 tivities in meeting the needs of the eligible 

11 youth to be served; and 

12 ‘‘(ix) the extent to which the proposed 

13 activities will expand on services provided 

14 under section 127. 

15 ‘‘(B) EQUITABLE GEOGRAPHIC DISTRIBU16 TION.—In awarding grants under this sub17 section the Secretary shall ensure an equitable 

18 distribution of such grants across geographi19 cally diverse areas. 

20 ‘‘(9) EVALUATION.—The Secretary may reserve 

21 up to 5 percent of the funds described in subsection 

22 (a)(1) to provide technical assistance to, and conduct 

23 evaluations of the projects funded under this sub24 section (using appropriate techniques as described in 

25 section 172(c)). 


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1 ‘‘(c) DISCRETIONARY GRANTS FOR YOUTH ACTIVI2 TIES.— 

3 ‘‘(1) IN GENERAL.—From the funds described 

4 in subsection(a)(2), the Secretary may award grants 

5 to eligible entities to provide activities that will as6 sist youth in preparing for, and entering and retain7 ing, employment. 

8 ‘‘(2) ELIGIBLE ENTITIES.—Grants under this 

9 subsection may be awarded to public or private enti10 ties that the Secretary determines would effectively 

11 carry out activities relating to youth under this sub12 section. 

13 ‘‘(3) PARTICIPANT ELIGIBILITY.—Youth ages 

14 14 through 19 at the time the eligibility determina15 tion is made may be eligible to participate in activi16 ties under this subsection. 

17 ‘‘(4) USE OF FUNDS.—Funds provided under 

18 this subsection may be used for activities that will 

19 assist youth in preparing for, and entering and re20 taining, employment, including activities to assist 

21 out-of-school youth, activities designed to assist in22 school youth to stay in school and gain work experi23 ence, and such other activities that the Secretary de24 termines are appropriate. 


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1 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

2 grant under this subsection, an eligible entity shall 

3 submit an application to the Secretary at such time, 

4 in such manner, and containing such information as 

5 the Secretary may require. 

6 ‘‘(6) ADDITIONAL REQUIREMENTS.—The Sec7 retary may require the provision of a non-Federal 

8 share for projects funded under this subsection and 

9 may require participation of grantees in evaluations 

10 of such projects, including evaluations using the 

11 techniques as described in section 172(c).’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) is amended by amending the item related 

14 to section 169 to read as follows: 

‘‘Sec. 169. Youth challenge grants.’’. 

15 SEC. 120. TECHNICAL ASSISTANCE. 

16 Section 170 (29 U.S.C. 2915) is amended— 

17 (1) by striking subsection (b); 

18 (2) by striking 

19 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

20 (3) by redesignating paragraphs (1), (2), and 

21 (3) as subsections (a), (b), and (c) respectively, and 

22 moving such subsections 2 ems to the left; 

23 (4) in subsection (a) (as so redesignated)— 

24 (A) by inserting ‘‘the training of staff pro25 viding rapid response services, the training of 


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1 other staff of recipients of funds under this 

2 title, peer review activities under this title, as3 sistance regarding accounting and program op4 eration practices (when such assistance would 

5 not be duplicative to assistance provided by the 

6 State), technical assistance to States that do 

7 not meet State performance measures described 

8 in section 136,’’ after ‘‘localities,’’; and 

9 (B) by striking ‘‘from carrying out activi10 ties’’ and all that follows up to the period and 

11 inserting ‘‘to implement the amendments made 

12 by the Workforce Investment Improvement Act 

13 of 2009’’; and 

14 (5) by inserting, after subsection (c) (as redes15 ignated by paragraph (3)), the following: 

16 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec17 retary shall— 

18 ‘‘(1) establish a system through which States 

19 may share information regarding best practices with 

20 regard to the operation of workforce investment ac21 tivities under this Act; 

22 ‘‘(2) evaluate and disseminate information re23 garding best practices and identify knowledge gaps; 

24 and 


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1 ‘‘(3) commission research under section 171(c) 

2 to address knowledge gaps identified under para3 graph (2).’’. 

4 SEC. 121. DEMONSTRATION, PILOT, MULTISERVICE, RE5 SEARCH AND MULTI-STATE PROJECTS. 

6 (a) DEMONSTRATION AND PILOT PROJECTS.—Sec7 tion 171(b) (29 U.S.C. 2916(b)) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘Under a’’ and inserting 

10 ‘‘Consistent with the priorities specified in the’’; 

11 (B) by amending subparagraphs (A) 

12 through (D) to read as follows: 

13 ‘‘(A) projects that assist national employ14 ers in connecting with the workforce investment 

15 system established under this title in order to 

16 facilitate the recruitment and employment of 

17 needed workers and to provide information to 

18 such system on skills and occupations in de19 mand; 

20 ‘‘(B) projects that promote the develop21 ment of systems that will improve the effective22 ness and efficiency of programs carried out 

23 under this title; 

24 ‘‘(C) projects that focus on opportunities 

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1 dustries that are experiencing or are likely to 

2 experience high rates of growth, including those 

3 relating to information technology and energy 

4 efficiency and renewable energy; 

5 ‘‘(D) projects carried out by States and 

6 local areas to test innovative approaches to de7 livering employment-related services;’’; 

8 (C) by striking subparagraph (E); 

9 (D) by redesignating subparagraphs (F) 

10 and (G) as subparagraphs (E) and (F), respec11 tively; 

12 (E) in subparagraph (F) (as so redesig13 nated, by striking ‘‘; and’’ and inserting a semi14 colon; 

15 (F) by inserting after subparagraph (F) 

16 (as so redesignated) the following: 

17 ‘‘(G) projects carried out by States and 

18 local areas to assist adults or out of school 

19 youth in starting a small business, including 

20 training and assistance in business or financial 

21 management or in developing other skills nec22 essary to operate a business;’’; and 

23 (G) by amending subparagraph (H) to 

24 read as follows: 


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1 ‘‘(H) projects that focus on opportunities 

2 for employment in industries and sectors of in3 dustries that are being transformed by tech4 nology and innovation requiring new knowledge 

5 or skill sets for workers, including advanced 

6 manufacturing; and’’; and 

7 (2) in paragraph (2)— 

8 (A) by striking subparagraph (B); and 

9 (B) by redesignating subparagraph (C) as 

10 subparagraph (B). 

11 (b) MULTISERVICE PROJECTS.—Section 

12 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amended to 

13 read as follows: 

14 ‘‘(B) NET IMPACT STUDIES AND RE15 PORTS.—The Secretary shall conduct studies to 

16 determine the net impacts of programs, serv17 ices, and activities carried out under this title. 

18 The Secretary shall prepare and disseminate to 

19 Congress and the public reports containing the 

20 results of such studies.’’. 

21 SEC. 122. RESTORING STATE AND LOCAL FLEXIBILITY TO 

22 CREATE ENERGY EFFICIENCY AND RENEW23 ABLE ENERGY JOBS. 

24 Section 171(e) is repealed. 


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1 SEC. 123. EVALUATIONS. 

2 (a) IMPACT ANALYSIS.—Section 172(a)(4) (29 

3 U.S.C. 2917(a)(4)) is amended to read as follows: 

4 ‘‘(4) the impact of receiving services and not re5 ceiving services under such programs and activities 

6 on the community, businesses, and individuals;’’. 

7 (b) TECHNIQUES.—Section 172(c) (29 U.S.C. 

8 2917(c)) is amended to read as follows: 

9 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

10 this section shall utilize appropriate and rigorous method11 ology and research designs, including the use of control 

12 groups chosen by scientific random assignment methodolo13 gies, quasi-experimental methods, impact analysis and the 

14 use of administrative data. The Secretary shall conduct 

15 an impact analysis, as described in subsection (a)(4), of 

16 the formula grant programs under subtitle B not later 

17 than 2012, and thereafter shall conduct such an analysis 

18 not less than once every four years.’’. 

19 (c) REPORTS TO CONGRESS.—Section 172(e) (29 

20 U.S.C. 2917(e)) is amended by striking ‘‘the Committee 

21 on Education and the Workforce of the House of Rep22 resentatives and the Committee on Labor and Human Re23 sources of the Senate’’ and inserting ‘‘the Committee on 

24 Education and Labor of the House of Representatives and 

25 the Committee on Health, Education, Labor, and Pen26 sions of the Senate’’. 


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1 SEC. 124. NATIONAL DISLOCATED WORKER GRANTS. 

2 (a) IN GENERAL.—Section 173 (29 U.S.C. 2916) is 

3 amended— 

4 (1) by amending the designation and heading to 

5 read as follows: 

6 ‘‘SEC. 173. NATIONAL DISLOCATED WORKER GRANTS.’’; 

7 (2) in subsection (a)— 

8 (A) by striking ‘‘national emergency 

9 grants’’ in the matter preceding paragraph (1) 

10 and inserting ‘‘national dislocated worker 

11 grants’’; 

12 (B) in paragraph (1), by striking ‘‘sub13 section (c)’’ and inserting ‘‘subsection (b)’’; and 

14 (C) in paragraph (4)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘section 

17 173(c)(1)(B)’’ and inserting ‘‘section 

18 173(h)(1)(B)’’; and 

19 (II) by striking ‘‘subsection (f)’’ 

20 and inserting ‘‘subsection (d)’’; and 

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

22 ‘‘subsection (g)’’ and inserting ‘‘subsection 

23 (e)’’; 

24 (3) by striking subsections (b) and (e) and re25 designating subsections (c), (d), (f), and (g) as sub26 sections (b) through (e), respectively; 


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1 (4) in subsection (b)(1)(B) as so redesignated), 

2 by striking ‘‘, and other entities’’ and all that follows 

3 and inserting a period; 

4 (5) in subsection (b)(2)(A) (as so redesig5 nated)— 

6 (A) in the matter preceding clause (i), by 

7 striking ‘‘national emergency grant’’ and insert8 ing ‘‘national dislocated worker grant’’; 

9 (B) in clause (iii), by striking ‘‘; or’’ and 

10 inserting a semicolon; 

11 (C) in clause (iv)(IV) by striking the pe12 riod and inserting ‘‘; or’’; and 

13 (D) by inserting at the end the following: 

14 ‘‘(v) is the spouse of a member of the 

15 Armed Forces who is on active duty or 

16 full-time National Guard duty, or who was 

17 recently separated from such duties, and 

18 such spouse is in need of employment and 

19 training assistance to obtain or retain em20 ployment.’’; 

21 (6) in subsection (b)(2)(C) (as so redesignated), 

22 by striking ‘‘national emergency grant’’ and insert23 ing ‘‘national dislocated worker grants’’; 


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1 (7) in subsection (d)(2) (as so redesignated), by 

2 striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

3 (e)’’; 

4 (8) in subsection (d)(5) (as so redesignated), by 

5 striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

6 (e)’’; 

7 (9) in subsection (d)(6) (as so redesignated), by 

8 striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

9 (e)’’; and 

10 (10) in subsection (e)(1)(A) (as so redesig11 nated), by striking ‘‘subsection (f)(1)(A)’’ and in12 serting ‘‘subsection (d)(1)(A)’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents in section 1(b) is amended by amending the item 

15 related to section 173 to read as follows: 

‘‘Sec. 173. National dislocated worker grants.’’. 

16 SEC. 125. AUTHORIZATION OF APPROPRIATIONS FOR NA17 TIONAL ACTIVITIES. 

18 (a) IN GENERAL.—Section 174(a)(1) (29 U.S.C. 

19 2919(a)(1)) is amended by striking ‘‘1999 through 2003’’ 

20 and inserting ‘‘2011 through 2015’’. 

21 (b) RESERVATIONS.—Section 174(b) is amended to 

22 read as follows: 

23 ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRATION AND

24 PILOT PROJECTS; EVALUATIONS; INCENTIVE GRANTS.— 


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1 ‘‘(1) DEMONSTRATION AND PILOT PROJECTS.— 

2 There are authorized to be appropriated to carry out 

3 section 171, such sums as may be necessary for fis4 cal years 2011 through 2015. 

5 ‘‘(2) TECHNICAL ASSISTANCE, EVALUATIONS.— 

6 There are authorized to be appropriated to carry out 

7 section 170, section 172, and section 136 such sums 

8 as may be necessary for each of fiscal years 2011 

9 through 2015.’’. 

10 SEC. 126. REQUIREMENTS AND RESTRICTIONS. 

11 (a) IN GENERAL.—Section 181(c)(2)(A) (29 U.S.C. 

12 2931(c)(2)(A)) is amended in the matter preceding clause 

13 (i) by striking ‘‘shall’’ and inserting ‘‘may’’. 

14 (b) LIMITATIONS.—Section 181(e) (29 U.S.C. 

15 2931(e)) is amended by striking ‘‘training for’’ and insert16 ing ‘‘the entry into employment, retention in employment, 

17 or increases in earnings of’’. 

18 (c) SALARY CAP.—Section 181 (29 U.S.C. 2931) is 

19 further amended by adding at the end the following new 

20 subsection: 

21 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds 

22 provided under this title shall be used by a recipient or 

23 subrecipient of such funds to pay the salary and bonuses 

24 of an individual, either as direct costs or indirect costs, 

25 at a rate in excess of Level II of the Federal Executive 


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1 Pay Schedule (5 U.S.C. 5313). This limitation shall not 

2 apply to vendors providing goods and services as defined 

3 in OMB Circular A–133. Where States are recipients of 

4 such funds, States may establish a lower limit for salaries 

5 and bonuses of those receiving salaries and bonuses from 

6 subrecipients of such funds, taking into account factors 

7 including the relative cost-of-living in the State, the com8 pensation levels for comparable State or local government 

9 employees, and the size of the organizations that admin10 ister the programs.’’. 

11 (d) GENERAL AUTHORITY.—Section 181 is further 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(h) GENERAL AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—The Employment and 

16 Training Administration of the U.S. Department of 

17 Labor (hereinafter in this Act referred to as the ‘Ad18 ministration’) shall administer all programs author19 ized under title I and III of this Act. The Adminis20 tration shall be headed by an Assistant Secretary 

21 appointed by the President by and with the advice 

22 and consent of the Senate. Except for titles II and 

23 IV, the Administration shall be the principal agency, 

24 and the Assistant Secretary shall be the principal of25 ficer, of such Department for carrying 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. In the perform9 ance of the functions of the office, the Assistant Sec10 retary shall be directly responsible to the Secretary 

11 or the Under Secretary as designed by the Sec12 retary. The functions of the Assistant Secretary 

13 shall not be delegated to any officer not directly re14 sponsible, both with respect to program operation 

15 and administration, to the Assistant Secretary. Any 

16 reference in this Act to duties to be carried out by 

17 the Assistant Secretary shall be considered to be a 

18 reference to duties to be carried out by the Secretary 

19 acting through the Assistant Secretary.’’. 

20 (e) FISCAL CONTROLS; SANCTIONS.—Section 

21 184(a)(2)(B) (29 U.S.C. 2934(a)(2)(B)) is amended by 

22 striking ‘‘in accordance with section 134(a)(3)(B)’’. 

23 (f) REPORTS TO CONGRESS.—Section 185 (29 U.S.C. 

24 2935) is amended— 

25 (1) in subsection (c)— 


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1 (A) in paragraph (2), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (3), by striking the pe4 riod and inserting ‘‘; and’’; and 

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

6 ‘‘(4) shall have the option to submit or dissemi7 nate electronically any reports, records, plans, or any 

8 other data that are required to be collected or dis9 seminated under this title.’’; and 

10 (2) in paragraph (e)(2), by inserting ‘‘and the 

11 Secretary shall submit to the Committee on Edu12 cation and Labor of the House of Representatives 

13 and the Committee on Health, Education, Labor, 

14 and Pensions of the Senate,’’ after ‘‘Secretary,’’. 

15 SEC. 127. NONDISCRIMINATION. 

16 Section 188(a)(2) (29 U.S.C. 2938(a)(2)) is amended 

17 to read as follows: 

18 ‘‘(2) PROHIBITION OF DISCRIMINATION RE19 GARDING PARTICIPATION, BENEFITS, AND EMPLOY20 MENT.— 

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

22 subparagraph (B), no individual shall be ex23 cluded from participation in, denied the benefits 

24 of, subjected to discrimination under, or denied 

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1 nection with, any such program or activity be2 cause of race, color, religion, sex (except as oth3 erwise permitted under title IX of the Edu4 cation Amendments of 1972), national origin, 

5 age, disability, or political affiliation or belief. 

6 ‘‘(B) EXEMPTION FOR RELIGIOUS ORGANI7 ZATIONS.—Subparagraph (A) shall not apply to 

8 a recipient of financial assistance under this 

9 title that is a religious corporation, association, 

10 educational institution, or society, with respect 

11 to the employment of individuals of a particular 

12 religion to perform work connected with the 

13 carrying on by such corporation, association, 

14 educational institution, or society of its activi15 ties. Such recipients shall comply with the other 

16 requirements contained in subparagraph (A).’’. 

17 SEC. 128. ADMINISTRATIVE PROVISIONS. 

18 (a) PROGRAM YEAR.—Section 189(g)(1) (29 U.S.C. 

19 2939(g)(1)) is amended to read as follows: 

20 ‘‘(1) IN GENERAL.—Appropriations for any fis21 cal year for programs and activities carried out 

22 under this title shall be available for obligation only 

23 on the basis of a program year. The program year 

24 shall begin on July 1 in the fiscal year for which the 

25 appropriation is made.’’. 


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1 (b) AVAILABILITY.—Section 189(g)(2) (29 U.S.C. 

2 2939(g)(2)) is amended by striking ‘‘each State’’ and in3 serting ‘‘each recipient’’. 

4 (c) GENERAL WAIVERS.—Section 189(i)(4) (29 

5 U.S.C. 2939(i)(4)) is amended— 

6 (1) in subparagraph (A)— 

7 (A) in the matter preceding clause (i), by 

8 inserting ‘‘, or in accordance with subparagraph 

9 (D)’’ after ‘‘subparagraph (B)’’; and 

10 (B) by striking clause (ii), the clause (i) 

11 designation and the dash preceding such des12 ignation, and moving the remaining text flush 

13 with the preceding matter; and 

14 (2) by adding the following subparagraph: 

15 ‘‘(D) EXPEDITED PROCESS FOR EXTEND16 ING APPROVED WAIVERS TO ADDITIONAL

17 STATES.—In lieu of the requirements of sub18 paragraphs (B) and (C), the Secretary may es19 tablish an expedited procedure for the purpose 

20 of extending to additional States the waiver of 

21 statutory or regulatory requirements that have 

22 been approved for a State pursuant to a request 

23 under subparagraph (B). Such procedure shall 

24 ensure that the extension of such waivers to ad25 ditional States are accompanied by appropriate 


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1 conditions relating the implementation of such 

2 waivers.’’. 

3 SEC. 129. STATE LEGISLATIVE AUTHORITY. 

4 Section 191 is amended— 

5 (1) in subsection (a), by striking ‘‘consistent 

6 with the provisions of this title’’ and inserting ‘‘con7 sistent with State law and the provisions of this 

8 title’’; and 

9 (2) in subsection (a), by striking ‘‘consistent 

10 with the terms and conditions required under this 

11 title’’ and inserting ‘‘consistent with State law and 

12 the terms and conditions required under this title’’. 

13 SEC. 130. WORKFORCE INNOVATION IN REGIONAL ECO14 NOMIC DEVELOPMENT. 

15 (a) WORKFORCE INNOVATION IN REGIONAL ECO16 NOMIC DEVELOPMENT.—Section 192 (29 U.S.C. 2942) is 

17 amended to read as follows: 

18 ‘‘SEC. 192. WORKFORCE INNOVATION IN REGIONAL ECO19 NOMIC DEVELOPMENT. 

20 ‘‘(a) WORKFORCE INNOVATION IN REGIONAL ECO21 NOMIC DEVELOPMENT PLANS.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in coopera23 tion with other Federal agency heads responsible for 

24 the administration of programs included in plans 

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1 force Innovation in Regional Economic Development 

2 (in this subsection referred to as WIRED) plans 

3 submitted by a State or local workforce investment 

4 board or boards pursuant to paragraph (2) to sup5 port the development of regional economies in order 

6 to foster economic development, expand employment, 

7 and advancement opportunities for workers and to 

8 promote the creation of high-skill and high-wage op9 portunities. 

10 ‘‘(2) CONTENTS OF PLAN.—To have a WIRED 

11 plan approved under this subsection, a State or local 

12 workforce investment board or boards and the region 

13 or regions identified in subparagraph (A) shall joint14 ly submit a plan to the Secretary at such time, in 

15 such manner, and containing such information as 

16 the Secretary may require, including— 

17 ‘‘(A) the identification of the multi-county 

18 region or regions that is to be the focus of the 

19 activities provided under the plan, including 

20 identification of the communities in the region 

21 that share common characteristics, and a de22 scription of why the selected area comprises a 

23 regional economy; 

24 ‘‘(B) a description of the broad-based re25 gional partnership that has been created for the 


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1 region identified in subparagraph (A) rep2 resenting the major assets of the region, con3 sistent with the requirements of paragraph (3), 

4 and that will assist in developing the economic 

5 vision described in subparagraph (D), the strat6 egies described in subparagraph (E), and pro7 vide a forum for regional economic decision8 making, including a description of the partner9 ship’s involvement, particularly that of rep10 resentatives of affected local boards and chief 

11 elected officials, in the development of the plan; 

12 ‘‘(C) a description of the assets of the re13 gion identified in subparagraph (A), based on a 

14 regional assessment, and identification of the 

15 strengths, weaknesses, opportunities, and risks 

16 based on those assets; 

17 ‘‘(D) a description of an economic vision 

18 for the region identified in subparagraph (A), 

19 based on the identified strengths and assets de20 scribed in subparagraph (C), and evidence of 

21 support for that vision from the broad-based re22 gional partnership described in subparagraph 

23 (B); 

24 ‘‘(E) a description of the talent develop25 ment and related strategies that provide a blueVerDate Nov 24 2008 00:51 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H4271.IH H4271

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1 print for how to achieve the economic vision for 

2 the region as described in subparagraph (D), 

3 including the activities to be carried out under 

4 this subsection, consistent with paragraphs (5) 

5 and (6), and the identification of specific goals 

6 associated with those strategies; 

7 ‘‘(F) information on the workforce develop8 ment programs to be integrated in the region, 

9 in accordance with the requirements of para10 graph (4), into an integrated workforce develop11 ment program, including— 

12 ‘‘(i) identification of the programs to 

13 be integrated; 

14 ‘‘(ii) the amount and proportion of the 

15 resources available to the region under 

16 each of the integrated programs to carry 

17 out the strategies described in subpara18 graph (E); 

19 ‘‘(iii) a description of how these re20 sources will be used to accomplish the vi21 sion identified in subparagraph (D), in22 cluding the services to be provided and 

23 how such services will be provided, con24 sistent with clause (iv) and paragraph (5); 

25 and 


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1 ‘‘(iv) assurances that in carrying out 

2 the wired plan— 

3 ‘‘(I) the region, through the inte4 grated workforce development pro5 gram, will maintain a local workforce 

6 investment board, or a regional work7 force investment board, that is sub8 stantially similar to the local work9 force investment boards required 

10 under section 117 of this Act, that 

11 such board will carry out functions 

12 that are substantially similar to those 

13 described under section 117(d), and, 

14 that such region shall submit to the 

15 State for approval a local plan for the 

16 region that is substantially similar to 

17 the local plans required under section 

18 118 of this Act; 

19 ‘‘(II) the region, through the in20 tegrated workforce development pro21 gram, will maintain a one-stop deliv22 ery system that is consistent with the 

23 requirements of section 121 of this 

24 Act; 


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1 ‘‘(III) the region, through the in2 tegrated workforce development pro3 gram, will serve populations consistent 

4 with the populations served by the 

5 programs being integrated, and will 

6 provide universal access to work ready 

7 services as described in section 

8 134(c)(2) of this Act; 

9 ‘‘(IV) the region, in carrying out 

10 the integrated workforce development 

11 program, will comply with the vet12 erans’ priority of service requirement 

13 under section 4215 of title 38, United 

14 States Code; 

15 ‘‘(V) of the funds expended 

16 under the integrated workforce devel17 opment program each year, not more 

18 than 10 percent of such funds will be 

19 expended on the costs of administra20 tion (as defined by the Secretary); 

21 ‘‘(VI) the services provided under 

22 the integrated workforce development 

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1 cluded under the integrated workforce 

2 program; and 

3 ‘‘(VII) the region, in carrying out 

4 the integrated workforce development 

5 program, will comply with require6 ments under this title relating to wage 

7 and labor standards (including non8 displacement provisions), grievance 

9 procedures and judicial review, and 

10 nondiscrimination; 

11 ‘‘(G) an assurance that each local work12 force board and chief elected official included in 

13 the region that will carry out the integrated 

14 workforce development plan has approved the 

15 plan; 

16 ‘‘(H) information on the community and 

17 economic development programs, if any, that 

18 will provide a portion of funds that will be inte19 grated to carry out the strategies described in 

20 subparagraph (E), in accordance with the re21 quirements of paragraph (6), including— 

22 ‘‘(i) identification of the included com23 munity and economic development pro24 grams; 


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1 ‘‘(ii) the amount and proportion of the 

2 resources available to the State or local 

3 workforce investment board or boards 

4 under each such program that will be used 

5 in the region to carry out the strategies de6 scribed in subparagraph (E); and 

7 ‘‘(iii) a description of how these re8 sources will be used to assist in accom9 plishing the vision identified in subpara10 graph (D), including the activities to be 

11 carried out; and 

12 ‘‘(I) in addition to the resources described 

13 under subparagraphs (F) and (H), identifica14 tion of other resources that will be used to sup15 port the strategies of the region described in 

16 subparagraph (E), from a wide range of 

17 sources, including foundations, private invest18 ment such as venture capital, and Federal, 

19 State, and local governments. 

20 ‘‘(3) BROAD-BASED REGIONAL PARTNERSHIP.— 

21 For purposes of this subsection, a broad-based re22 gional partnership— 

23 ‘‘(A) shall include— 

24 ‘‘(i) representatives from each of the 

25 local workforce investment systems in the 


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1 region identified under paragraph (2)(A), 

2 such as the chairpersons or executive direc3 tors of affected local workforce investment 

4 boards in such region; 

5 ‘‘(ii) representatives of the education 

6 system in the region identified under para7 graph (2)(A), including representatives 

8 from each of the following: 

9 ‘‘(I) The K–12 public school sys10 tems; 

11 ‘‘(II) Community colleges; and 

12 ‘‘(III) Four-year educational in13 stitutions; 

14 ‘‘(iii) representatives of businesses 

15 and industry associations in the region 

16 identified under paragraph (2)(A); 

17 ‘‘(iv) the chief elected officials from 

18 each of the affected local areas identified 

19 under paragraph (2)(A); and 

20 ‘‘(v) representatives of local and re21 gional economic development agencies in 

22 the region identified under paragraph 

23 (2)(A); and 

24 ‘‘(B) may include— 


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1 ‘‘(i) representatives of the philan2 thropic community; 

3 ‘‘(ii) representatives of post-secondary 

4 education and training providers in addi5 tion to those described in subparagraph 

6 (A)(ii); 

7 ‘‘(iii) representatives of private invest8 ment entities such as seed and venture 

9 capital organizations; investor networks; 

10 and entrepreneurs; 

11 ‘‘(iv) representatives of faith and com12 munity-based organizations; and 

13 ‘‘(v) representatives of such other 

14 Federal, State or local entities and organi15 zations that may enhance the carrying out 

16 of the activities of the partnership. 

17 ‘‘(4) INTEGRATION OF WORKFORCE DEVELOP18 MENT SERVICES AUTHORIZED.— 

19 ‘‘(A) AUTHORIZATION FOR INTEGRA20 TION.—In carrying out this subsection, the Sec21 retary, in cooperation with the Federal agency 

22 heads responsible for the administration of the 

23 workforce development programs described in 

24 subparagraph (D) that are included in the 

25 WIRED plan submitted by the State or local 


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1 workforce investment board or boards, shall, 

2 upon the approval of the plan submitted under 

3 paragraph (2), authorize the State or local 

4 workforce investment board or boards to inte5 grate programs as described in subparagraph 

6 (B). 

7 ‘‘(B) INTEGRATION.—The authorization 

8 shall give the State or local workforce invest9 ment board or boards the authority to inte10 grate, in accordance with such approved plan, 

11 the federally funded programs described in sub12 paragraph (D) that are included in the ap13 proved plan, in a manner that integrates those 

14 programs into a single, coordinated, comprehen15 sive workforce development program to achieve 

16 the economic vision identified in such plan for 

17 the region. 

18 ‘‘(C) EFFECT ON PROGRAM REQUIRE19 MENTS.—The provisions of the approved grant 

20 application and the requirements of this sub21 section shall supersede the requirements of the 

22 statutes authorizing the programs included for 

23 integration in such approved plan, except as 

24 otherwise specified in this subsection. 


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1 ‘‘(D) INCLUDED WORKFORCE DEVELOP2 MENT PROGRAMS.— 

3 ‘‘(i) MANDATORY PROGRAMS.—A 

4 WIRED plan authorized under this sub5 section shall include the workforce invest6 ment activities for adults authorized under 

7 chapter 5 of subtitle B. 

8 ‘‘(ii) ADDITIONAL PROGRAMS.—In ad9 dition to the integration of the programs 

10 described in clause (i) into a single pro11 gram, a WIRED plan may include integra12 tion of one or more of the following pro13 grams as part of such single program— 

14 ‘‘(I) the program of workforce in15 vestment activities for youth author16 ized under chapter 4 of subtitle B; or 

17 ‘‘(II) any of the other required 

18 one-stop partner programs and activi19 ties described in section 121(b)(1)(B) 

20 of this Act. 

21 ‘‘(5) WORKFORCE DEVELOPMENT ACTIVITIES

22 TO BE CARRIED OUT UNDER WIRED PLAN.—The 

23 workforce development activities carried out under a 

24 WIRED plan may include— 


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1 ‘‘(A) job training and related activities for 

2 workers to assist them in gaining the skills and 

3 competencies needed to obtain or upgrade em4 ployment in industries or economic sectors pro5 jected to experience significant growth in the 

6 region identified in paragraph (2)(A), includ7 ing— 

8 ‘‘(i) activities supporting talent devel9 opment related to entrepreneurship and 

10 small business development; and 

11 ‘‘(ii) the purchase of equipment to 

12 train job seekers and workers for high13 growth occupations; 

14 ‘‘(B) activities to enhance the training and 

15 related activities described in subparagraph (A) 

16 and to promote workforce development in the 

17 region identified in paragraph (2)(A), includ18 ing— 

19 ‘‘(i) the development and implementa20 tion of model activities, such as developing 

21 appropriate curricula to build core com22 petencies and train workers in the region; 

23 ‘‘(ii) identifying and disseminating ca24 reer and skill information relating to the 

25 region; 


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1 ‘‘(iii) developing or purchasing re2 gional data tools or systems to deepen un3 derstanding of the regional economy and 

4 labor market; and 

5 ‘‘(iv) integrated regional planning, 

6 such as increasing the integration of com7 munity and technical college activities with 

8 activities of businesses and the public 

9 workforce investment system to meet the 

10 training needs of high growth industries in 

11 the region; and 

12 ‘‘(C) appropriate employment-related ac13 tivities and services authorized under the work14 force development programs that are integrated 

15 under the plan in accordance with paragraphs 

16 (2)(F) and (4) that will assist achieving the 

17 economic vision described in paragraph (2)(D) 

18 and in implementing the strategies described in 

19 paragraph (2)(E). 

20 ‘‘(6) INTEGRATION OF COMMUNITY AND ECO21 NOMIC DEVELOPMENT FUNDS AUTHORIZED.— 

22 ‘‘(A) AUTHORIZATION FOR INTEGRATION

23 OF FUNDS.—In carrying out this subsection, 

24 the Secretary, in cooperation with the Federal 

25 agency heads responsible for the administration 


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1 of the community and economic development 

2 programs described in subparagraph (D) that 

3 are included in the WIRED plan submitted by 

4 the State or local workforce investment board 

5 or boards, shall, upon the approval of the plan 

6 submitted under paragraph (2), authorize the 

7 State or local workforce investment board or 

8 boards to integrate the portion of the funds 

9 from such programs to assist in implementing 

10 such plans. 

11 ‘‘(B) INTEGRATION.—The authorization 

12 shall give the State or local workforce invest13 ment board or boards the authority to inte14 grate, in accordance with such approved plan, 

15 funds provided under programs identified from 

16 subparagraph (D) to carry out the community 

17 and economic development activities described 

18 in paragraph (2)(H). 

19 ‘‘(C) EFFECT ON PROGRAM REQUIRE20 MENTS.—The integrated funds may be used, 

21 consistent with the description contained in 

22 paragraph (2)(H), to carry out any of the ac23 tivities authorized under any the programs de24 scribed in subparagraph (D) that are included 

25 in the plan. 


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1 ‘‘(D) INCLUDED COMMUNITY AND ECO2 NOMIC DEVELOPMENT PROGRAMS.—The funds 

3 that may be integrated under this paragraph 

4 are funds provided under— 

5 ‘‘(i) Community Development Block 

6 Grants authorized under title I of the 

7 Housing and Community Development Act 

8 of 1974 (42 U.S.C. 5301–5321); 

9 ‘‘(ii) grants authorized under the 

10 Community Services Block Grant Act (42 

11 U.S.C. 9901 et seq.); 

12 ‘‘(iii) Public Works and Economic De13 velopment Grants authorized under section 

14 201 of the Public Works and Economic 

15 Development Act of 1965 (42 U.S.C. 

16 3141); 

17 ‘‘(iv) Rural Business Enterprise 

18 Grants authorized under the Consolidated 

19 Farm and Rural Development Act (7 

20 U.S.C. 1932); 

21 ‘‘(v) Rural Business Opportunity 

22 Grants authorized under section 

23 741(a)(11) of the Federal Agriculture Im24 provement and Reform Act of 1996 (42 

25 U.S.C. 1926(a)(11); 


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1 ‘‘(vi) grants authorized under the 

2 Brownfields Economic Development Initia3 tive; and 

4 ‘‘(vii) Rural Housing and Economic 

5 Development grants. 

6 ‘‘(7) PERFORMANCE MEASURES AND REPORT7 ING.— 

8 ‘‘(A) PERFORMANCE MEASURES.—The 

9 Secretary shall establish performance measures 

10 that will be used to evaluate the effectiveness of 

11 activities carried out under this subsection and 

12 shall require such entities to report to the Sec13 retary on the employment outcomes obtained by 

14 individuals receiving training under this sub15 section using those core indicators of perform16 ance described in section 136(b)(2). 

17 ‘‘(B) REPORTING.—Each State or local 

18 workforce investment board or boards with an 

19 approved plan under this subsection shall en20 sure that records are maintained and reports 

21 are submitted, in such form and containing 

22 such information, as the Secretary may require 

23 regarding the performance of programs and ac24 tivities carried out under this subsection. 


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1 ‘‘(8) TECHNICAL ASSISTANCE AND EVALUA2 TION.— 

3 ‘‘(A) TECHNICAL ASSISTANCE.—The Sec4 retary shall provide such staff training, tech5 nical assistance, and other activities as the Sec6 retary deems appropriate to support the imple7 mentation of this subsection. 

8 ‘‘(B) EVALUATION.—The Secretary may 

9 require that States with an approved plan 

10 under this subsection to participate in an eval11 uation of activities carried out under this sub12 section, including an evaluation using the tech13 niques described in section 172(c). 

14 ‘‘(9) PLAN REVIEW.—Upon receipt of a 

15 WIRED plan from the State or local workforce in16 vestment board or boards, the Secretary shall con17 sult with the Federal agency head responsible for 

18 the administration of any of the programs included 

19 in the plan pursuant to paragraph (4) or (6). 

20 ‘‘(10) FEDERAL RESPONSIBILITIES.— 

21 ‘‘(A) INTERAGENCY MEMORANDUM OF UN22 DERSTANDING.—Within 90 days following the 

23 date of enactment of this subsection, the Sec24 retary and the Federal agency heads respon25 sible for programs that could be included in a 


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1 plan approved under this subsection pursuant 

2 to paragraph (4) or (6) shall enter into an 

3 interdepartmental memorandum of agreement 

4 providing for the implementation of WIRED 

5 plans with respect to the integration of pro6 grams and funds administered by each Sec7 retary. 

8 ‘‘(B) INTERAGENCY FUNDS TRANSFERS

9 AUTHORIZED.—The Secretary and the Federal 

10 agency heads responsible for the programs that 

11 are included in a plan approved under para12 graph (4) or (6) are authorized to take such ac13 tion as may be necessary to provide for intra14 agency or interagency transfers of funds other15 wise available to a State or local workforce in16 vestment board or boards in order to further 

17 the purposes of this subsection. 

18 ‘‘(11) ADMINISTRATION OF FUNDS.— 

19 ‘‘(A) SEPARATE RECORDS NOT RE20 QUIRED.—Nothing in this subsection shall be 

21 construed as requiring the region to maintain 

22 separate records tracing any services or activi23 ties conducted under an approved WIRED plan 

24 to the programs under which funds were origi25 nally authorized, nor shall the State or local 


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1 workforce investment board or boards be re2 quired to allocate expenditures among such pro3 grams. 

4 ‘‘(B) SINGLE AUDIT ACT.—Nothing in this 

5 section shall be construed to interfere with the 

6 ability of the Secretary to fulfill the responsibil7 ities for the safeguarding of Federal funds pur8 suant to the Single Audit Act of 1984. 

9 ‘‘(b) AUTHORITY TO CARRY OUT ADDITIONAL

10 WIRED ACTIVITIES UNDER WIA.— 

11 ‘‘(1) AUTHORIZATION FOR USE OF CERTAIN

12 FUNDS UNDER WIA.—Funds available under sections 

13 128, 133, and 171 of this Act may be used by re14 cipients and subrecipients of those funds for 

15 WIRED activities, as defined in paragraph (2), in 

16 addition to the other activities for which such funds 

17 are authorized to be used. 

18 ‘‘(2) DEFINITION.—For purposes of this sub19 section, WIRED activities include— 

20 ‘‘(A) WIRED planning activities, includ21 ing— 

22 ‘‘(i) defining the regional economy; 

23 ‘‘(ii) creating a broad-based regional 

24 partnership that assists in developing the 

25 economic vision described in clause (iv), 


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1 the strategies described in clause (v), and 

2 that provides a forum for regional eco3 nomic decisionmaking; 

4 ‘‘(iii) conducting an assessment of the 

5 regional economy to map the assets of a 

6 region and identify the strengths, weak7 nesses, opportunities and risks based on 

8 those assets; 

9 ‘‘(iv) developing an economic vision 

10 based on those strengths and assets; 

11 ‘‘(v) developing strategies and cor12 responding implementation plans that 

13 identify specific goals and tasks and pro14 vides a blueprint for how to achieve the 

15 economic vision for the region; and 

16 ‘‘(vi) identifying resources to support 

17 the plan of the region; 

18 ‘‘(B) job training and related activities for 

19 workers to assist them in gaining the skills and 

20 competencies needed to obtain or upgrade em21 ployment in industries or economic sectors pro22 jected to experience significant growth in the 

23 region, including— 

24 ‘‘(i) activities supporting talent devel25 opment related to entrepreneurship and 


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1 small business development in the region; 

2 and 

3 ‘‘(ii) the purchase of equipment to 

4 train job seekers and workers for high5 growth occupations in the region; and 

6 ‘‘(C) activities to enhance training and re7 lated activities and to promote workforce devel8 opment in the region, including— 

9 ‘‘(i) the development and implementa10 tion of model activities, such as developing 

11 appropriate curricula to build core com12 petencies and train workers in the region; 

13 ‘‘(ii) identifying and disseminating ca14 reer and skill information relating to the 

15 region; 

16 ‘‘(iii) developing or purchasing re17 gional data tools or systems to deepen un18 derstanding of the regional economy and 

19 labor market; and 

20 ‘‘(iv) integrated regional planning, 

21 such as increasing the integration of com22 munity and technical college activities with 

23 activities of businesses and the public 

24 workforce investment system to meet the 


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1 training needs of businesses in the re2 gion.’’. 

3 SEC. 131. GENERAL PROGRAM REQUIREMENTS. 

4 Section 195 (29 U.S.C. 2945) is amended— 

5 (1) in paragraph (7) by inserting at the end the 

6 following: 

7 ‘‘(D) Funds received by a public or private 

8 nonprofit entity that are not described in para9 graph (B), such as funds privately raised from 

10 philanthropic foundations, businesses, or other 

11 private entities, shall not be considered to be in12 come under this title and shall not be subject 

13 to the requirements of this section.’’; and 

14 (2) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(14) Funds provided under this title shall not 

17 be used to establish or operate stand-alone fee-for18 service enterprises that compete with private sector 

19 employment agencies within the meaning of section 

20 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

21 2000e(c)). For purposes of this paragraph, such an 

22 enterprise does not include one-stop centers. 

23 ‘‘(15) Any report required to be submitted to 

24 Congress, or to a Committee of Congress, under this 

25 title shall be submitted to both the chairmen and 


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1 ranking minority members of the Committee on 

2 Education and Labor of the House of Representa3 tives and the Committee on Health, Education, 

4 Labor, and Pensions of the Senate.’’. 

5 TITLE II—ADULT EDUCATION 

6 AND FAMILY LITERACY EDU7 CATION 

8 SEC. 201. TABLE OF CONTENTS. 

9 The table of contents in section 1(b) is amended by 

10 amending the items relating to title II to read as follows: 

‘‘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. 

‘‘CHAPTER 1—FEDERAL PROVISIONS 

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

‘‘Sec. 212. Performance accountability system. 

‘‘Sec. 213. Incentive grants for States. 

‘‘CHAPTER 2—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. 

‘‘CHAPTER 3—LOCAL PROVISIONS 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 

‘‘CHAPTER 4—GENERAL PROVISIONS 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National Institute for Literacy. 

‘‘Sec. 243. National leadership activities.’’. 


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1 SEC. 202. AMENDMENT. 

2 Title II (29 U.S.C. 2901 et seq.) is amended to read 

3 as follows: 

4 ‘‘TITLE II—ADULT EDUCATION 

5 AND FAMILY LITERACY EDU6 CATION 

7 ‘‘SEC. 201. SHORT TITLE. 

8 ‘‘This title may be cited as the ‘Adult Education and 

9 Family Literacy Education Act’. 

10 ‘‘SEC. 202. PURPOSE. 

11 ‘‘It is the purpose of this title to provide instructional 

12 opportunities for adults seeking to improve their literacy 

13 skills, including their basic reading, writing, speaking, and 

14 math skills, and support States and local communities in 

15 providing, on a voluntary basis, adult education and family 

16 literacy education programs, in order to— 

17 ‘‘(1) increase the literacy of adults, including 

18 the basic reading, writing, speaking, and math skills, 

19 to a level of proficiency necessary for adults to ob20 tain employment and self-sufficiency and to success21 fully advance in the workforce; 

22 ‘‘(2) assist adults in the completion of a sec23 ondary school education (or its equivalent) and the 

24 transition to a post-secondary educational institu25 tion; 


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1 ‘‘(3) assist adults who are parents to enable 

2 them to support the educational development of their 

3 children and make informed choices regarding their 

4 children’s education including, through instruction in 

5 basic reading, writing, speaking, and math skills; 

6 and 

7 ‘‘(4) assist adults who are not proficient in 

8 English in improving their reading, writing, speak9 ing, listening, comprehension, and math skills and 

10 acquiring an understanding of the American free en11 terprise system, individual freedom, and the respon12 sibilities of citizenship. 

13 ‘‘SEC. 203. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

16 EDUCATION PROGRAMS.—The term ‘adult education 

17 and family literacy education programs’ means a se18 quence of academic instruction and educational serv19 ices below the post-secondary level that increase an 

20 individual’s ability to read, write, and speak in 

21 English and perform mathematical computations 

22 leading to a level of proficiency equivalent to at least 

23 a secondary school completion that is provided for 

24 individuals— 

25 ‘‘(A) who are at least 16 years of age; 


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1 ‘‘(B) who are not enrolled or required to be 

2 enrolled in secondary school under State law; 

3 and 

4 ‘‘(C) who— 

5 ‘‘(i) lack sufficient mastery of basic 

6 reading, writing, speaking, and math skills 

7 to enable the individuals to function effec8 tively in society; 

9 ‘‘(ii) do not have a secondary school 

10 diploma, General Educational Development 

11 credential (GED), or other State-recog12 nized equivalent and have not achieved an 

13 equivalent level of education; or 

14 ‘‘(iii) are unable to read, write, or 

15 speak the English language. 

16 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

17 agency’— 

18 ‘‘(A) means the primary entity or agency 

19 in a State or an outlying area responsible for 

20 administering or supervising policy for adult 

21 education and family literacy education pro22 grams in the State or outlying area, respec23 tively, consistent with the law of the State or 

24 outlying area, respectively; and 


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1 ‘‘(B) may be the State educational agency, 

2 the State agency responsible for administering 

3 workforce investment activities, or the State 

4 agency responsible for administering community 

5 or technical colleges. 

6 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

7 provider’ means— 

8 ‘‘(A) a local educational agency; 

9 ‘‘(B) a community-based or faith-based or10 ganization of demonstrated effectiveness; 

11 ‘‘(C) a volunteer literacy organization of 

12 demonstrated effectiveness; 

13 ‘‘(D) an institution of higher education; 

14 ‘‘(E) a public or private educational agen15 cy; 

16 ‘‘(F) a library; 

17 ‘‘(G) a public housing authority; 

18 ‘‘(H) an institution that is not described in 

19 any of subparagraphs (A) through (G) and has 

20 the ability to provide adult education, basic 

21 skills, and family literacy education programs to 

22 adults and families; or 

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1 scribed in any of subparagraphs (A) through 

2 (H). 

3 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO4 GRAM.—The term ‘English language acquisition pro5 gram’ means a program of instruction designed to 

6 help individuals with limited English proficiency 

7 achieve competence in reading, writing, and speaking 

8 the English language. 

9 ‘‘(5) ESSENTIAL COMPONENTS OF READING IN10 STRUCTION.—The term ‘essential components of 

11 reading instruction’ has the meaning given to that 

12 term in section 1208 of the Elementary and Sec13 ondary Education Act of 1965. 

14 ‘‘(6) FAMILY LITERACY EDUCATION PRO15 GRAM.—The term ‘family literacy education pro16 gram’ means an educational program that— 

17 ‘‘(A) assists parents and students, on a 

18 voluntary basis, in achieving the purposes of 

19 this title as described in section 202; and 

20 ‘‘(B) is of sufficient intensity in terms of 

21 hours and of sufficient duration to make sus22 tainable changes in a family, is based upon sci23 entifically based research, and, for the purpose 

24 of substantially increasing the ability of parents 


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1 and children to read, write, and speak English, 

2 integrates— 

3 ‘‘(i) interactive literacy activities be4 tween parents and their children; 

5 ‘‘(ii) training for parents regarding 

6 how to be the primary teacher for their 

7 children and full partners in the education 

8 of their children; 

9 ‘‘(iii) parent literacy training that 

10 leads to economic self-sufficiency; and 

11 ‘‘(iv) an age-appropriate education to 

12 prepare children for success in school and 

13 life experiences. 

14 ‘‘(7) GOVERNOR.—The term ‘Governor’ means 

15 the chief executive officer of a State or outlying 

16 area. 

17 ‘‘(8) INDIVIDUAL WITH A DISABILITY.— 

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

19 with a disability’ means an individual with any 

20 disability (as defined in section 3 of the Ameri21 cans with Disabilities Act of 1990). 

22 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

23 The term ‘individuals with disabilities’ means 

24 more than one individual with a disability. 


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1 ‘‘(9) INDIVIDUAL WITH LIMITED ENGLISH PRO2 FICIENCY.—The term ‘individual with limited 

3 English proficiency’ means an adult or out-of-school 

4 youth who has limited ability in reading, writing, 

5 speaking, or understanding the English language, 

6 and— 

7 ‘‘(A) whose native language is a language 

8 other than English; or 

9 ‘‘(B) who lives in a family or community 

10 environment where a language other than 

11 English is the dominant language. 

12 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

13 The term ‘institution of higher education’ has the 

14 meaning given to that term in section 101 of the 

15 Higher Education Act of 1965. 

16 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

17 individual’s ability to read, write, and speak in 

18 English, compute, and solve problems at a level of 

19 proficiency necessary to obtain employment and to 

20 successfully make the transition to post-secondary 

21 education. 

22 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The 

23 term ‘local educational agency’ has the meaning 

24 given to that term in section 9101 of the Elemen25 tary and Secondary Education Act of 1965. 


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

2 area’ has the meaning given to that term in section 

3 101 of this Act. 

4 ‘‘(14) POST-SECONDARY EDUCATIONAL INSTI5 TUTION.—The term ‘post-secondary educational in6 stitution’ means— 

7 ‘‘(A) an institution of higher education 

8 that provides not less than a 2-year program of 

9 instruction that is acceptable for credit toward 

10 a bachelor’s degree; 

11 ‘‘(B) a tribally controlled community col12 lege; or 

13 ‘‘(C) a nonprofit educational institution of14 fering certificate or apprenticeship programs at 

15 the post-secondary level. 

16 ‘‘(15) READING.—The term ‘reading’ has the 

17 meaning given to that term in section 1208 of the 

18 Elementary and Secondary Education Act of 1965. 

19 ‘‘(16) SCIENTIFICALLY BASED RESEARCH.— 

20 The term ‘scientifically based research’ has the 

21 meaning given to that term in section 9101 of the 

22 Elementary and Secondary Education Act of 1965. 

23 ‘‘(17) SECRETARY.—The term ‘Secretary’ 

24 means the Secretary of Education. 


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1 ‘‘(18) STATE.—The term ‘State’ means each of 

2 the several States of the United States, the District 

3 of Columbia, and the Commonwealth of Puerto Rico. 

4 ‘‘(19) STATE EDUCATIONAL AGENCY.—The 

5 term ‘State educational agency’ has the meaning 

6 given to that term in section 9101 of the Elemen7 tary and Secondary Education Act of 1965. 

8 ‘‘(20) WORKPLACE LITERACY PROGRAM.—The 

9 term ‘workplace literacy program’ means an edu10 cational program that is offered in collaboration be11 tween eligible providers and employers or employee 

12 organizations for the purpose of improving the pro13 ductivity of the workforce through the improvement 

14 of reading, writing, speaking, and math skills. 

15 ‘‘SEC. 204. HOME SCHOOLS. 

16 ‘‘Nothing in this title shall be construed to affect 

17 home schools, whether or not a home school is treated as 

18 a home school or a private school under State law, or to 

19 compel a parent engaged in home schooling to participate 

20 in an English language acquisition program, a family lit21 eracy education program, or an adult education and family 

22 literacy education program. 


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1 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this title such sums as may be necessary for fiscal years 

4 2011 through 2015. 

5 ‘‘CHAPTER 1—FEDERAL PROVISIONS 

6 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

7 AGENCIES; ALLOTMENTS. 

8 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap9 propriated under section 205 for a fiscal year, the Sec10 retary— 

11 ‘‘(1) shall reserve up to 1.72 percent for incen12 tive grants under section 213; 

13 ‘‘(2) shall reserve 1.75 percent to carry out sec14 tion 242; and 

15 ‘‘(3) shall reserve up to 1.55 percent to carry 

16 out section 243. 

17 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

18 ‘‘(1) IN GENERAL.—From the sums appro19 priated under section 205 and not reserved under 

20 subsection (a) for a fiscal year, the Secretary shall 

21 award a grant to each eligible agency having a State 

22 plan approved under section 224 in an amount equal 

23 to the sum of the initial allotment under subsection 

24 (c)(1) and the additional allotment under subsection 

25 (c)(2) for the eligible agency for the fiscal year, sub26 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 General Educational Development credential (GED), 

10 or other State-recognized equivalent; and 

11 ‘‘(4) is not enrolled in secondary school. 

12 ‘‘(e) SPECIAL RULE.— 

13 ‘‘(1) IN GENERAL.—From amounts made avail14 able under subsection (c) for the Republic of Palau, 

15 the Secretary shall award grants to Guam, American 

16 Samoa, the Commonwealth of the Northern Mariana 

17 Islands, or the Republic of Palau to carry out activi18 ties described in this title in accordance with the 

19 provisions of this title as determined by the Sec20 retary. 

21 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith22 standing any other provision of law, the Republic of 

23 Palau shall be eligible to receive a grant under this 

24 title until an agreement for the extension of United 

25 States education assistance under the Compact of 


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1 Free Association for the Republic of Palau becomes 

2 effective. 

3 ‘‘(3) ADMINISTRATIVE COSTS.—The Secretary 

4 may provide not more than 5 percent of the funds 

5 made available for grants under this subsection to 

6 pay the administrative costs of the Pacific Region 

7 Educational Laboratory regarding activities assisted 

8 under this subsection. 

9 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

11 (c), and subject to paragraphs (2) and (3), for fiscal 

12 year 2011 and each succeeding fiscal year, no eligi13 ble agency shall receive an allotment under this title 

14 that is less than 90 percent of the allotment the eli15 gible agency received for the preceding fiscal year 

16 under this title. 

17 ‘‘(2) EXCEPTION.—An eligible agency that re18 ceives for the preceding fiscal year only an initial al19 lotment under subsection (c)(1) (and no additional 

20 allotment under subsection (c)(2)) shall receive an 

21 allotment equal to 100 percent of the initial allot22 ment. 

23 ‘‘(3) RATABLE REDUCTION.—If for any fiscal 

24 year the amount available for allotment under this 

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1 graph (1), the Secretary shall ratably reduce the 

2 payments to all eligible agencies, as necessary. 

3 ‘‘(g) REALLOTMENT.—The portion of any eligible 

4 agency’s allotment under this title for a fiscal year that 

5 the Secretary determines will not be required for the pe6 riod such allotment is available for carrying out activities 

7 under this title, shall be available for reallotment from 

8 time to time, on such dates during such period as the Sec9 retary shall fix, to other eligible agencies in proportion to 

10 the original allotments to such agencies under this title 

11 for such year. 

12 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

13 ‘‘(a) PURPOSE.—The purpose of this section is to es14 tablish a comprehensive performance accountability sys15 tem, composed of the activities described in this section, 

16 to assess the effectiveness of eligible agencies in achieving 

17 continuous improvement of adult education and family lit18 eracy education programs funded under this title, in order 

19 to optimize the return on investment of Federal funds in 

20 adult education and family literacy education programs. 

21 ‘‘(b) ELIGIBLE AGENCY PERFORMANCE MEAS22 URES.— 

23 ‘‘(1) IN GENERAL.—For each eligible agency, 

24 the eligible agency performance measures shall con25 sist of— 


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1 ‘‘(A)(i) the core indicators of performance 

2 described in paragraph (2)(A); and 

3 ‘‘(ii) employment performance indicators 

4 identified by the eligible agency under para5 graph (2)(B); and 

6 ‘‘(B) an eligible agency adjusted level of 

7 performance for each indicator described in 

8 subparagraph (A). 

9 ‘‘(2) INDICATORS OF PERFORMANCE.— 

10 ‘‘(A) CORE INDICATORS OF PERFORM11 ANCE.—The core indicators of performance 

12 shall include the following: 

13 ‘‘(i) Measurable improvements in lit14 eracy, including basic skill levels in read15 ing, writing, and speaking the English lan16 guage and basic math, leading to pro17 ficiency in each skill. 

18 ‘‘(ii) Receipt of a secondary school di19 ploma, General Educational Development 

20 credential (GED), or other State-recog21 nized equivalent. 

22 ‘‘(iii) Placement in post-secondary 

23 education or other training programs. 

24 ‘‘(B) EMPLOYMENT PERFORMANCE INDI25 CATORS.—Consistent with applicable Federal 


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1 and State privacy laws, an eligible agency shall 

2 identify in the State plan the following indi3 vidual participant employment performance in4 dicators: 

5 ‘‘(i) Entry into employment. 

6 ‘‘(ii) Retention in employment. 

7 ‘‘(iii) Increase in earnings. 

8 ‘‘(3) LEVELS OF PERFORMANCE.— 

9 ‘‘(A) ELIGIBLE AGENCY ADJUSTED LEVELS

10 OF PERFORMANCE FOR CORE INDICATORS.— 

11 ‘‘(i) IN GENERAL.—For each eligible 

12 agency submitting a State plan, there shall 

13 be established, in accordance with this sub14 paragraph, levels of performance for each 

15 of the core indicators of performance de16 scribed in paragraph (2)(A) for adult edu17 cation and family literacy education pro18 grams authorized under this title. The lev19 els of performance established under this 

20 subparagraph shall, at a minimum— 

21 ‘‘(I) be expressed in an objective, 

22 quantifiable, and measurable form; 

23 and 

24 ‘‘(II) show the progress of the el25 igible agency toward continuously and 


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1 significantly improving the agency’s 

2 performance outcomes in an objective, 

3 quantifiable, and measurable form. 

4 ‘‘(ii) IDENTIFICATION IN STATE

5 PLAN.—Each eligible agency shall identify, 

6 in the State plan submitted under section 

7 224, expected levels of performance for 

8 each of the core indicators of performance 

9 for the first 3 program years covered by 

10 the State plan. 

11 ‘‘(iii) AGREEMENT ON ELIGIBLE

12 AGENCY ADJUSTED LEVELS OF PERFORM13 ANCE FOR FIRST 3 YEARS.—In order to en14 sure an optimal return on the investment 

15 of Federal funds in adult education and 

16 family literacy education programs author17 ized under this title, the Secretary and 

18 each eligible agency shall reach agreement 

19 on levels of student performance for each 

20 of the core indicators of performance, for 

21 the first 3 program years covered by the 

22 State plan, taking into account the levels 

23 identified in the State plan under clause 

24 (ii) and the factors described in clause (iv). 

25 The levels agreed to under this clause shall 


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1 be considered to be the eligible agency ad2 justed levels of performance for the eligible 

3 agency for such years and shall be incor4 porated into the State plan prior to the ap5 proval of such plan. 

6 ‘‘(iv) FACTORS.—The agreement de7 scribed in clause (iii) or (v) shall take into 

8 account— 

9 ‘‘(I) how the levels involved com10 pare with the eligible agency’s ad11 justed levels of performance, taking 

12 into account factors including the 

13 characteristics of participants when 

14 the participants entered the program; 

15 and 

16 ‘‘(II) the extent to which such 

17 levels promote continuous and signifi18 cant improvement in performance on 

19 the student proficiency measures used 

20 by such eligible agency and ensure op21 timal return on the investment of 

22 Federal funds. 

23 ‘‘(v) AGREEMENT ON ELIGIBLE AGEN24 CY ADJUSTED LEVELS OF PERFORMANCE

25 FOR SECOND 3 YEARS.—Prior to the fourth 


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1 program year covered by the State plan, 

2 the Secretary and each eligible agency 

3 shall reach agreement on levels of student 

4 performance for each of the core indicators 

5 of performance for the fourth, fifth, and 

6 sixth program years covered by the State 

7 plan, taking into account the factors de8 scribed in clause (iv). The levels agreed to 

9 under this clause shall be considered to be 

10 the eligible agency adjusted levels of per11 formance for the eligible agency for such 

12 years and shall be incorporated into the 

13 State plan. 

14 ‘‘(vi) REVISIONS.—If unanticipated 

15 circumstances arise in a State resulting in 

16 a significant change in the factors de17 scribed in clause (iv)(I), the eligible agency 

18 may request that the eligible agency ad19 justed levels of performance agreed to 

20 under clause (iii) or (v) be revised. 

21 ‘‘(B) LEVELS OF EMPLOYMENT PERFORM22 ANCE.—The eligible agency shall identify, in the 

23 State plan, eligible agency levels of performance 

24 for each of the employment performance indica25 tors described in paragraph (2)(B). Such levels 


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1 shall be considered to be eligible agency ad2 justed levels of performance for purposes of this 

3 title. 

4 ‘‘(c) DEFINITIONS FOR INDICATORS OF PERFORM5 ANCE.—In order to ensure comparability of performance 

6 data across States, the Secretary shall issue definitions for 

7 the indicators of performance under paragraph (2). 

8 ‘‘(d) REPORT.— 

9 ‘‘(1) IN GENERAL.—Each eligible agency that 

10 receives a grant under section 211(b) shall annually 

11 prepare and submit to the Secretary, the Governor, 

12 the State legislature, and eligible providers a report 

13 on the progress of the eligible agency in achieving el14 igible agency performance measures, including the 

15 following: 

16 ‘‘(A) Information on the levels of perform17 ance achieved by the eligible agency with re18 spect to the core indicators of performance and 

19 employment performance indicators. 

20 ‘‘(B) The number and type of each eligible 

21 provider that receives funding under such 

22 grant. 

23 ‘‘(2) INFORMATION DISSEMINATION.—The Sec24 retary— 


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1 ‘‘(A) shall make the information contained 

2 in such reports available to the general public 

3 through publication (including on the Internet 

4 site of the Department of Education) and other 

5 appropriate methods; 

6 ‘‘(B) shall disseminate State-by-State com7 parisons of the information; and 

8 ‘‘(C) shall provide the appropriate commit9 tees of the Congress with copies of such re10 ports. 

11 ‘‘SEC. 213. INCENTIVE GRANTS FOR STATES. 

12 ‘‘(a) IN GENERAL.—From funds appropriated under 

13 section 211(a)(1), the Secretary may award grants to 

14 States for exemplary performance in carrying out pro15 grams under this title. Such awards shall be based on 

16 States exceeding the core indicators of performance estab17 lished under section 212(b)(2)(A) and may be based on 

18 the performance of the State in serving populations, such 

19 as those described in section 224(b)(10), including the lev20 els of service provided and the performance outcomes, and 

21 such other factors relating to the performance of the State 

22 under this title as the Secretary determines appropriate. 

23 ‘‘(b) USE OF FUNDS.—The funds awarded to a State 

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1 ties authorized under this title, including demonstrations 

2 and innovative programs for hard-to-serve populations. 

3 ‘‘CHAPTER 2—STATE PROVISIONS 

4 ‘‘SEC. 221. STATE ADMINISTRATION. 

5 ‘‘Each eligible agency shall be responsible for the fol6 lowing activities under this title: 

7 ‘‘(1) The development, submission, implementa8 tion, and monitoring of the State plan. 

9 ‘‘(2) Consultation with other appropriate agen10 cies, groups, and individuals that are involved in, or 

11 interested in, the development and implementation 

12 of activities assisted under this title. 

13 ‘‘(3) Coordination and avoidance of duplication 

14 with other Federal and State education, training, 

15 corrections, public housing, and social service pro16 grams. 

17 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE18 QUIREMENT. 

19 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi20 ble agency receiving a grant under this title for a fiscal 

21 year— 

22 ‘‘(1) shall use an amount not less than 82.5 

23 percent of the grant funds to award grants and con24 tracts under section 231 and to carry out section 


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1 225, of which not more than 10 percent of such 

2 amount shall be available to carry out section 225; 

3 ‘‘(2) shall use not more than 12.5 percent of 

4 the grant funds to carry out State leadership activi5 ties under section 223; and 

6 ‘‘(3) shall use not more than 5 percent of the 

7 grant funds, or $75,000, whichever is greater, for 

8 the administrative expenses of the eligible agency. 

9 ‘‘(b) MATCHING REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—In order to receive a grant 

11 from the Secretary under section 211(b), each eligi12 ble agency shall provide, for the costs to be incurred 

13 by the eligible agency in carrying out the adult edu14 cation and family literacy education programs for 

15 which the grant is awarded, a non-Federal contribu16 tion in an amount at least equal to— 

17 ‘‘(A) in the case of an eligible agency serv18 ing an outlying area, 12 percent of the total 

19 amount of funds expended for adult education 

20 and family literacy education programs in the 

21 outlying area, except that the Secretary may 

22 decrease the amount of funds required under 

23 this subparagraph for an eligible agency; and 

24 ‘‘(B) in the case of an eligible agency serv25 ing a State, 25 percent of the total amount of 


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1 funds expended for adult education and family 

2 literacy education programs in the State. 

3 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi4 ble agency’s non-Federal contribution required under 

5 paragraph (1) may be provided in cash or in kind, 

6 fairly evaluated, and shall include only non-Federal 

7 funds that are used for adult education and family 

8 literacy education programs in a manner that is con9 sistent with the purpose of this title. 

10 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

11 ‘‘(a) IN GENERAL.—Each eligible agency may use 

12 funds made available under section 222(a)(2) for any of 

13 the following adult education and family literacy education 

14 programs: 

15 ‘‘(1) The establishment or operation of profes16 sional development programs to improve the quality 

17 of instruction provided pursuant to local activities 

18 required under section 231(b), including instruction 

19 incorporating the essential components of reading 

20 instruction and instruction provided by volunteers or 

21 by personnel of a State or outlying area. 

22 ‘‘(2) The provision of technical assistance to eli23 gible providers of adult education and family literacy 

24 education programs, including for the development 

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1 structional practices in reading, writing, speaking, 

2 math, and English language acquisition programs. 

3 ‘‘(3) The provision of assistance to eligible pro4 viders in developing, implementing, and reporting 

5 measurable progress in achieving the objectives of 

6 this title. 

7 ‘‘(4) The provision of technology assistance, in8 cluding staff training, to eligible providers of adult 

9 education and family literacy education programs, 

10 including distance learning activities, to enable the 

11 eligible providers to improve the quality of such ac12 tivities. 

13 ‘‘(5) The development and implementation of 

14 technology applications or distance learning, includ15 ing professional development to support the use of 

16 instructional technology. 

17 ‘‘(6) Coordination with other public programs, 

18 including welfare-to-work, workforce development, 

19 and job training programs. 

20 ‘‘(7) Coordination with existing support serv21 ices, such as transportation, child care, and other 

22 assistance designed to increase rates of enrollment 

23 in, and successful completion of, adult education and 

24 family literacy education programs, for adults en25 rolled in such activities. 


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1 ‘‘(8) The development and implementation of a 

2 system to assist in the transition from adult basic 

3 education to post-secondary education. 

4 ‘‘(9) Activities to promote workplace literacy 

5 programs. 

6 ‘‘(10) Activities to promote and complement 

7 local outreach initiatives described in section 243(7). 

8 ‘‘(11) Other activities of statewide significance, 

9 including assisting eligible providers in achieving 

10 progress in improving the skill levels of adults who 

11 participate in programs under this title. 

12 ‘‘(12) Integration of literacy, instructional, and 

13 occupational skill training and promotion of linkages 

14 with employees. 

15 ‘‘(b) COORDINATION.—In carrying out this section, 

16 eligible agencies shall coordinate where possible, and avoid 

17 duplicating efforts, in order to maximize the impact of the 

18 activities described in subsection (a). 

19 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

20 State or outlying area implements any rule or policy relat21 ing to the administration or operation of a program au22 thorized under this title that has the effect of imposing 

23 a requirement that is not imposed under Federal law (in24 cluding any rule or policy based on a State or outlying 

25 area interpretation of a Federal statute, regulation, or 


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1 guideline), the State or outlying area shall identify, to eli2 gible providers, the rule or policy as being imposed by the 

3 State or outlying area. 

4 ‘‘SEC. 224. STATE PLAN. 

5 ‘‘(a) 6-YEAR PLANS.— 

6 ‘‘(1) IN GENERAL.—Each eligible agency desir7 ing a grant under this title for any fiscal year shall 

8 submit to, or have on file with, the Secretary a 6- 

9 year State plan. 

10 ‘‘(2) COMPREHENSIVE PLAN OR APPLICA11 TION.—The eligible agency may submit the State 

12 plan as part of a comprehensive plan or application 

13 for Federal education assistance. 

14 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in15 clude in the State plan or any revisions to the State plan— 

16 ‘‘(1) an objective assessment of the needs of in17 dividuals in the State or outlying area for adult edu18 cation and family literacy education programs, in19 cluding individuals most in need or hardest to serve; 

20 ‘‘(2) a description of the adult education and 

21 family literacy education programs that will be car22 ried out with funds received under this title; 

23 ‘‘(3) a description of how the eligible agency 

24 will evaluate and measure annually the effectiveness 

25 and improvement of the adult education and family 


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1 literacy education programs based on the perform2 ance measures described in section 212 including— 

3 ‘‘(A) how the eligible agency will evaluate 

4 and measure annually such effectiveness on a 

5 grant-by-grant basis; and 

6 ‘‘(B) how the eligible agency— 

7 ‘‘(i) will hold eligible providers ac8 countable regarding the progress of such 

9 providers in improving the academic 

10 achievement of participants in adult edu11 cation programs under this title and re12 garding the core indicators of performance 

13 described in section 212(b)(2)(A); and 

14 ‘‘(ii) will use technical assistance, 

15 sanctions, and rewards (including alloca16 tion of grant funds based on performance 

17 and termination of grant funds based on 

18 nonperformance); 

19 ‘‘(4) a description of the performance measures 

20 described in section 212 and how such performance 

21 measures have significantly improved adult edu22 cation and family literacy education programs in the 

23 State or outlying area; 

24 ‘‘(5) an assurance that the eligible agency will, 

25 in addition to meeting all of the other requirements 


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1 of this title, award not less than one grant under 

2 this title to an eligible provider that— 

3 ‘‘(A) offers flexible schedules and necessary 

4 support services (such as child care and trans5 portation) to enable individuals, including indi6 viduals with disabilities, or individuals with 

7 other special needs, to participate in adult edu8 cation and family literacy education programs; 

9 and 

10 ‘‘(B) attempts to coordinate with support 

11 services that are not provided under this title 

12 prior to using funds for adult education and 

13 family literacy education programs provided 

14 under this title for support services; 

15 ‘‘(6) an assurance that the funds received under 

16 this title will not be expended for any purpose other 

17 than for activities under this title; 

18 ‘‘(7) a description of how the eligible agency 

19 will fund local activities in accordance with the 

20 measurable goals described in section 231(d); 

21 ‘‘(8) an assurance that the eligible agency will 

22 expend the funds under this title only in a manner 

23 consistent with fiscal requirements in section 241; 


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1 ‘‘(9) a description of the process that will be 

2 used for public participation and comment with re3 spect to the State plan, which process— 

4 ‘‘(A) shall include consultation with the 

5 State workforce investment board, the State 

6 board responsible for administering community 

7 or technical colleges, the Governor, the State 

8 educational agency, the State board or agency 

9 responsible for administering block grants for 

10 temporary assistance to needy families under 

11 title IV of the Social Security Act, the State 

12 council on disabilities, the State vocational re13 habilitation agency, other State agencies that 

14 promote the improvement of adult education 

15 and family literacy education programs, and di16 rect providers of such programs; and 

17 ‘‘(B) may include consultation with the 

18 State agency on higher education, institutions 

19 responsible for professional development of 

20 adult education and family literacy education 

21 programs instructors, representatives of busi22 ness and industry, refugee assistance programs, 

23 and faith-based organizations; 


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1 ‘‘(10) a description of the eligible agency’s 

2 strategies for serving populations that include, at a 

3 minimum— 

4 ‘‘(A) low-income individuals; 

5 ‘‘(B) individuals with disabilities; 

6 ‘‘(C) the unemployed; 

7 ‘‘(D) the underemployed; and 

8 ‘‘(E) individuals with multiple barriers to 

9 educational enhancement, including individuals 

10 with limited English proficiency; 

11 ‘‘(11) a description of how the adult education 

12 and family literacy education programs that will be 

13 carried out with any funds received under this title 

14 will be integrated with other adult education, career 

15 development, and employment and training activities 

16 in the State or outlying area served by the eligible 

17 agency; 

18 ‘‘(12) a description of the steps the eligible 

19 agency will take to ensure direct and equitable ac20 cess, as required in section 231(c)(1), including— 

21 ‘‘(A) how the State will build the capacity 

22 of community-based and faith-based organiza23 tions to provide adult education and family lit24 eracy education programs; and 


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1 ‘‘(B) how the State will increase the par2 ticipation of business and industry in adult edu3 cation and family literacy education programs; 

4 ‘‘(13) an assessment of the adequacy of the sys5 tem of the State or outlying area to ensure teacher 

6 quality and a description of how the State or out7 lying area will use funds received under this subtitle 

8 to improve teacher quality, including professional de9 velopment on the use of scientifically based research 

10 to improve instruction; and 

11 ‘‘(14) a description of how the eligible agency 

12 will consult with any State agency responsible for 

13 post-secondary education to develop adult education 

14 that prepares students to enter post-secondary edu15 cation without the need for remediation upon com16 pletion of secondary school equivalency programs. 

17 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

18 or other factors require substantial revisions to an ap19 proved State plan, the eligible agency shall submit the re20 visions of the State plan to the Secretary. 

21 ‘‘(d) CONSULTATION.—The eligible agency shall— 

22 ‘‘(1) submit the State plan, and any revisions to 

23 the State plan, to the Governor, the chief State 

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1 ministering community or technical colleges, or out2 lying area for review and comment; and 

3 ‘‘(2) ensure that any comments regarding the 

4 State plan by the Governor, the chief State school 

5 officer, or the State officer responsible for admin6 istering community or technical colleges, and any re7 vision to the State plan, are submitted to the Sec8 retary. 

9 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

10 ‘‘(1) establish a peer review process to assist in 

11 the review and approval of State plans; 

12 ‘‘(2) appoint individuals representing the range 

13 of stakeholders to the peer-review process, includ14 ing— 

15 ‘‘(A) representatives of adult learners, 

16 adult education, and literacy providers, eligible 

17 agencies, State educational agencies, institu18 tions of higher education, representatives of 

19 local or State workforce investment boards; and 

20 ‘‘(B) experts in the fields of adult edu21 cation and literacy; 

22 ‘‘(3) approve a State plan within 120 days after 

23 receiving the plan unless the Secretary makes a writ24 ten determination within 30 days after receiving the 

25 plan that the plan does not meet the requirements 


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1 of this section or is inconsistent with specific provi2 sions of this subtitle; and 

3 ‘‘(4) not finally disapprove of a State plan be4 fore offering the eligible agency the opportunity, 

5 prior to the expiration of the 30-day period begin6 ning on the date on which the eligible agency re7 ceived the written determination described in para8 graph (3), to review the plan and providing technical 

9 assistance in order to assist the eligible agency in 

10 meeting the requirements of this subtitle. 

11 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

12 OTHER INSTITUTIONALIZED INDIVIDUALS. 

13 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

14 available under section 222(a)(1) for a fiscal year, each 

15 eligible agency shall carry out corrections education and 

16 education for other institutionalized individuals. 

17 ‘‘(b) USES OF FUNDS.—The funds described in sub18 section (a) shall be used for the cost of educational pro19 grams for criminal offenders in correctional institutions 

20 and for other institutionalized individuals, including aca21 demic programs for— 

22 ‘‘(1) basic skills education; 

23 ‘‘(2) special education programs as determined 

24 by the eligible agency; 


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1 ‘‘(3) reading, writing, speaking, and math pro2 grams; and 

3 ‘‘(4) secondary school credit or diploma pro4 grams or their recognized equivalent. 

5 ‘‘(c) PRIORITY.—Each eligible agency that is using 

6 assistance provided under this section to carry out a pro7 gram for criminal offenders within a correctional institu8 tion shall give priority to serving individuals who are likely 

9 to leave the correctional institution within 5 years of par10 ticipation in the program. 

11 ‘‘(d) DEFINITIONS.—For purposes of this section: 

12 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

13 ‘correctional institution’ means any— 

14 ‘‘(A) prison; 

15 ‘‘(B) jail; 

16 ‘‘(C) reformatory; 

17 ‘‘(D) work farm; 

18 ‘‘(E) detention center; or 

19 ‘‘(F) halfway house, community-based re20 habilitation center, or any other similar institu21 tion designed for the confinement or rehabilita22 tion of criminal offenders. 

23 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi24 nal offender’ means any individual who is charged 

25 with, or convicted of, any criminal offense. 


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1 ‘‘CHAPTER 3—LOCAL PROVISIONS 

2 ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO3 VIDERS. 

4 ‘‘(a) GRANTS AND CONTRACTS.—From grant funds 

5 made available under section 211(b), each eligible agency 

6 shall award multi year grants or contracts, on a competi7 tive basis, to eligible providers within the State or outlying 

8 area that meet the conditions and requirements of this 

9 title to enable the eligible providers to develop, implement, 

10 and improve adult education and family literacy education 

11 programs within the State. 

12 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 

13 require eligible providers receiving a grant or contract 

14 under subsection (a) to establish or operate one or more 

15 programs of instruction that provide services or instruc16 tion in one or more of the following categories: 

17 ‘‘(1) Adult education and family literacy edu18 cation programs (including proficiency in reading, 

19 writing, speaking, and math). 

20 ‘‘(2) Workplace literacy programs. 

21 ‘‘(3) English language acquisition programs. 

22 ‘‘(4) Family literacy education programs. 

23 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC24 ESS.—Each eligible agency receiving funds under this title 

25 shall ensure that— 


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1 ‘‘(1) all eligible providers have direct and equi2 table access to apply for grants or contracts under 

3 this section; and 

4 ‘‘(2) the same grant or contract announcement 

5 process and application process is used for all eligi6 ble providers in the State or outlying area. 

7 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

8 require eligible providers receiving a grant or contract 

9 under subsection (a) to demonstrate— 

10 ‘‘(1) the eligible provider’s measurable goals for 

11 participant outcomes to be achieved annually on the 

12 core indicators of performance and employment per13 formance indicators described in section 212(b)(2); 

14 ‘‘(2) the past effectiveness of the eligible pro15 vider in improving the basic academic skills of adults 

16 and, for eligible providers receiving grants in the 

17 prior year, the success of the eligible provider receiv18 ing funding under this title in exceeding its perform19 ance goals in the prior year; 

20 ‘‘(3) the commitment of the eligible provider to 

21 serve individuals in the community who are the most 

22 in need of basic academic skills instruction services, 

23 including individuals who are low-income or have 

24 minimal reading, writing, speaking, and math skills, 

25 or limited English proficiency; 


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1 ‘‘(4) the program— 

2 ‘‘(A) is of sufficient intensity and duration 

3 for participants to achieve substantial learning 

4 gains; and 

5 ‘‘(B) uses instructional practices that in6 clude the essential components of reading in7 struction; 

8 ‘‘(5) educational practices are based on scientif9 ically based research; 

10 ‘‘(6) the activities of the eligible provider effec11 tively employ advances in technology, as appropriate, 

12 including the use of computers; 

13 ‘‘(7) the activities provide instruction in real-life 

14 contexts, when appropriate, to ensure that an indi15 vidual has the skills needed to compete in the work16 place and exercise the rights and responsibilities of 

17 citizenship; 

18 ‘‘(8) the activities are staffed by well-trained in19 structors, counselors, and administrators; 

20 ‘‘(9) the activities are coordinated with other 

21 available resources in the community, such as 

22 through strong links with elementary schools and 

23 secondary schools, post-secondary educational insti24 tutions, one-stop centers, job training programs, 


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1 community-based and faith-based organizations, and 

2 social service agencies; 

3 ‘‘(10) the activities offer flexible schedules and 

4 support services (such as child care and transpor5 tation) that are necessary to enable individuals, in6 cluding individuals with disabilities or other special 

7 needs, to attend and complete programs; 

8 ‘‘(11) the activities include a high-quality infor9 mation management system that has the capacity to 

10 report measurable participant outcomes and to mon11 itor program performance against the performance 

12 measures established by the eligible agency; 

13 ‘‘(12) the local communities have a dem14 onstrated need for additional English language ac15 quisition programs; 

16 ‘‘(13) the capacity of the eligible provider to 

17 produce valid information on performance results, 

18 including enrollments and measurable participant 

19 outcomes; 

20 ‘‘(14) adult education and family literacy edu21 cation programs offer rigorous reading, writing, 

22 speaking, and math content that are based on sci23 entifically based research; and 

24 ‘‘(15) applications of technology, and services to 

25 be provided by the eligible providers, are of sufficient 


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1 intensity and duration to increase the amount and 

2 quality of learning and lead to measurable learning 

3 gains within specified time periods. 

4 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

5 grant funds under this title to serve children participating 

6 in family literacy programs assisted under this part, pro7 vided that other sources of funds available to provide simi8 lar services for such children are used first. 

9 ‘‘SEC. 232. LOCAL APPLICATION. 

10 ‘‘Each eligible provider desiring a grant or contract 

11 under this title shall submit an application to the eligible 

12 agency containing such information and assurances as the 

13 eligible agency may require, including— 

14 ‘‘(1) a description of how funds awarded under 

15 this title will be spent consistent with the require16 ments of this title; 

17 ‘‘(2) a description of any cooperative arrange18 ments the eligible provider has with other agencies, 

19 institutions, or organizations for the delivery of 

20 adult education and family literacy education pro21 grams; and 

22 ‘‘(3) each of the demonstrations required by 

23 section 231(d). 


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1 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

3 amount that is made available under this title to an eligi4 ble provider— 

5 ‘‘(1) at least 95 percent shall be expended for 

6 carrying out adult education and family literacy edu7 cation programs; and 

8 ‘‘(2) the remaining amount shall be used for 

9 planning, administration, personnel and professional 

10 development, development of measurable goals in 

11 reading, writing, speaking, and math, and inter12 agency coordination. 

13 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

14 described in subsection (a) are too restrictive to allow for 

15 adequate planning, administration, personnel develop16 ment, and interagency coordination, the eligible provider 

17 may negotiate with the eligible agency in order to deter18 mine an adequate level of funds to be used for noninstruc19 tional purposes. 

20 ‘‘CHAPTER 4—GENERAL PROVISIONS 

21 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

22 ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made 

23 available for adult education and family literacy education 

24 programs under this title shall supplement and not sup25 plant other State or local public funds expended for adult 

26 education and family literacy education programs. 


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1 ‘‘(b) MAINTENANCE OF EFFORT.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) DETERMINATION.—An eligible agency 

4 may receive funds under this title for any fiscal 

5 year if the Secretary finds that the fiscal effort 

6 per student or the aggregate expenditures of 

7 such eligible agency for activities under this 

8 title, in the second preceding fiscal year, were 

9 not less than 90 percent of the fiscal effort per 

10 student or the aggregate expenditures of such 

11 eligible agency for adult education and family 

12 literacy education programs, in the third pre13 ceding fiscal year. 

14 ‘‘(B) PROPORTIONATE REDUCTION.—Sub15 ject to paragraphs (2), (3), and (4), for any fis16 cal year with respect to which the Secretary de17 termines under subparagraph (A) that the fiscal 

18 effort or the aggregate expenditures of an eligi19 ble agency for the preceding program year were 

20 less than such effort or expenditures for the 

21 second preceding program year, the Secretary— 

22 ‘‘(i) shall determine the percentage 

23 decreases in such effort or in such expendi24 tures; and 


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1 ‘‘(ii) shall decrease the payment made 

2 under this title for such program year to 

3 the agency for adult education and family 

4 literacy education programs by the lesser 

5 of such percentages. 

6 ‘‘(2) COMPUTATION.—In computing the fiscal 

7 effort and aggregate expenditures under paragraph 

8 (1), the Secretary shall exclude capital expenditures 

9 and special one-time project costs. 

10 ‘‘(3) DECREASE IN FEDERAL SUPPORT.—If the 

11 amount made available for adult education and fam12 ily literacy education programs under this title for a 

13 fiscal year is less than the amount made available 

14 for adult education and family literacy education 

15 programs under this title for the preceding fiscal 

16 year, then the fiscal effort per student and the ag17 gregate expenditures of an eligible agency required 

18 in order to avoid a reduction under paragraph 

19 (1)(B) shall be decreased by the same percentage as 

20 the percentage decrease in the amount so made 

21 available. 

22 ‘‘(4) WAIVER.—The Secretary may waive the 

23 requirements of this subsection for not more than 1 

24 fiscal year, if the Secretary determines that a waiver 

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1 lable circumstances, such as a natural disaster or an 

2 unforeseen and precipitous decline in the financial 

3 resources of the State or outlying area of the eligible 

4 agency. If the Secretary grants a waiver under the 

5 preceding sentence for a fiscal year, the level of ef6 fort required under paragraph (1) shall not be re7 duced in the subsequent fiscal year because of the 

8 waiver. 

9 ‘‘SEC. 242. NATIONAL INSTITUTE FOR LITERACY. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) PURPOSE.—The purpose of the National 

12 Institute for Literacy is to promote the improvement 

13 of literacy, including skills in reading, writing, and 

14 English language acquisition for children, youth, and 

15 adults, through practices derived from the findings 

16 of scientifically based research. 

17 ‘‘(2) ESTABLISHMENT.—There is established a 

18 National Institute for Literacy (in this section re19 ferred to as the ‘Institute’). The Institute shall be 

20 administered under the terms of an interagency 

21 agreement entered into, reviewed annually, and 

22 modified as needed by the Secretary of Education 

23 with the Secretary of Health and Human Services 

24 and the Secretary of Labor (in this section referred 

25 to as the ‘Interagency Group’). 


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1 ‘‘(3) OFFICES.—The Institute shall have offices 

2 separate from the offices of the Department of Edu3 cation, the Department of Health and Human Serv4 ices, and the Department of Labor. 

5 ‘‘(4) ADMINISTRATIVE SUPPORT.—The Depart6 ment of Education shall provide administrative sup7 port for the Institute. 

8 ‘‘(5) DAILY OPERATIONS.—The Director of the 

9 Institute shall administer the daily operations of the 

10 Institute. 

11 ‘‘(b) DUTIES.— 

12 ‘‘(1) IN GENERAL.—To carry out its purpose, 

13 the Institute may— 

14 ‘‘(A) identify and disseminate rigorous sci15 entific research on the effectiveness of instruc16 tional practices and organizational strategies re17 lating to programs on the acquisition of skills 

18 in reading, writing, and English language ac19 quisition for children, youth, and adults; 

20 ‘‘(B) create and widely disseminate mate21 rials about the acquisition and application of 

22 skills in reading, writing, and English language 

23 acquisition for children, youth, and adults based 

24 on scientifically based research; 


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1 ‘‘(C) ensure a broad understanding of sci2 entifically based research on reading, writing, 

3 and English language acquisition for children, 

4 youth, and adults among Federal agencies with 

5 responsibilities for administering programs that 

6 provide related services, including State and 

7 local educational agencies; 

8 ‘‘(D) facilitate coordination and informa9 tion sharing among national organizations and 

10 associations interested in programs that provide 

11 services to improve skills in reading, writing, 

12 and English language acquisition for children, 

13 youth, and adults; 

14 ‘‘(E) coordinate with the appropriate of15 fices in the Department of Education, the De16 partment of Health and Human Services, the 

17 Department of Labor, and other Federal agen18 cies to apply the findings of scientifically based 

19 research related to programs on reading, writ20 ing, and English language acquisition for chil21 dren, youth, and adults; 

22 ‘‘(F) establish a national electronic data23 base and Internet site describing and fostering 

24 communication on scientifically based programs 

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1 quisition for children, youth, and adults, includ2 ing professional development programs; and 

3 ‘‘(G) provide opportunities for technical as4 sistance, meetings, and conferences that will 

5 foster increased coordination among Federal, 

6 State, and local agencies and entities and im7 provement of reading, writing, and English lan8 guage acquisition skills for children, youth, and 

9 adults. 

10 ‘‘(2) COORDINATION.—In identifying scientif11 ically based research on reading, writing, and 

12 English language acquisition for children, youth, and 

13 adults, the Institute shall use standards for research 

14 quality that are consistent with those established by 

15 the Institute of Education Sciences. 

16 ‘‘(3) GRANTS, CONTRACTS, AND COOPERATIVE

17 AGREEMENTS.— 

18 ‘‘(A) IN GENERAL.—The Institute may 

19 award grants to, or enter into contracts or co20 operative agreements with, individuals, public 

21 or private institutions, agencies, organizations, 

22 or consortia of such individuals, institutions, 

23 agencies, or organizations, to carry out the ac24 tivities of the Institute. 


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1 ‘‘(B) REGULATIONS.—The Director may 

2 adopt the general administrative regulations of 

3 the Department of Education, as applicable, for 

4 use by the Institute. 

5 ‘‘(C) RELATION TO OTHER LAWS.—The 

6 duties and powers of the Institute under this 

7 title are in addition to the duties and powers of 

8 the Institute under subparts 1, 2, and 3 of part 

9 B of the Elementary and Secondary Education 

10 Act of 1965 (commonly referred to as Reading 

11 First, Early Reading First, and the William F. 

12 Goodling Even Start Family Literacy Program, 

13 respectively). 

14 ‘‘(c) VISITING SCHOLARS.—The Institute may estab15 lish a visiting scholars program, with such stipends and 

16 allowances as the Director considers necessary, for out17 standing researchers, scholars, and individuals who— 

18 ‘‘(1) have careers in adult education, workforce 

19 development, or scientifically based reading, writing, 

20 or English language acquisition; and 

21 ‘‘(2) can assist the Institute in translating re22 search into practice and providing analysis that ad23 vances instruction in the fields of reading, writing, 

24 and English language acquisition for children, youth, 

25 and adults. 


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1 ‘‘(d) INTERNS AND VOLUNTEERS.—The Institute, in 

2 consultation with the National Institute for Literacy Advi3 sory Board, may award paid and unpaid internships to 

4 individuals seeking to assist the Institute in carrying out 

5 its purpose. Notwithstanding section 1342 of title 31, 

6 United States Code, the Institute may accept and use vol7 untary and uncompensated services as the Institute deter8 mines necessary. 

9 ‘‘(e) NATIONAL INSTITUTE FOR LITERACY ADVISORY

10 BOARD.— 

11 ‘‘(1) ESTABLISHMENT.— 

12 ‘‘(A) IN GENERAL.—There shall be a Na13 tional Institute for Literacy Advisory Board (in 

14 this section referred to as the ‘Board’), which 

15 shall consist of 10 individuals appointed by the 

16 President with the advice and consent of the 

17 Senate. 

18 ‘‘(B) QUALIFICATIONS.—The Board shall 

19 be composed of individuals who— 

20 ‘‘(i) are not otherwise officers or em21 ployees of the Federal Government; and 

22 ‘‘(ii) are knowledgeable about current 

23 effective scientifically based research find24 ings on instruction in reading, writing, and 


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1 English language acquisition for children, 

2 youth, and adults. 

3 ‘‘(C) COMPOSITION.—The Board may in4 clude— 

5 ‘‘(i) representatives of business, indus6 try, labor, literacy organizations, adult 

7 education providers, community colleges, 

8 students with disabilities, and State agen9 cies, including State directors of adult edu10 cation; and 

11 ‘‘(ii) individuals who, and representa12 tives of entities that, have been successful 

13 in improving skills in reading, writing, and 

14 English language acquisition for children, 

15 youth, and adults. 

16 ‘‘(2) DUTIES.—The Board shall— 

17 ‘‘(A) make recommendations concerning 

18 the appointment of the Director of the Insti19 tute; 

20 ‘‘(B) provide independent advice on the op21 eration of the Institute; 

22 ‘‘(C) receive reports from the Interagency 

23 Group and the Director; and 

24 ‘‘(D) review the biennial report to the Con25 gress under subsection (k). 


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1 ‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.— 

2 Except as otherwise provided, the Board shall be 

3 subject to the provisions of the Federal Advisory 

4 Committee Act. 

5 ‘‘(4) APPOINTMENTS.— 

6 ‘‘(A) IN GENERAL.—Each member of the 

7 Board shall be appointed for a term of 3 years, 

8 except that the initial terms for members may 

9 be 1, 2, or 3 years in order to establish a rota10 tion in which one-third of the members are se11 lected each year. Any such member may be ap12 pointed for not more than 2 consecutive terms. 

13 ‘‘(B) VACANCIES.—Any member appointed 

14 to fill a vacancy occurring before the expiration 

15 of the term for which the member’s predecessor 

16 was appointed shall be appointed only for the 

17 remainder of that term. A member may serve 

18 after the expiration of that member’s term until 

19 a successor has taken office. 

20 ‘‘(5) QUORUM.—A majority of the members of 

21 the Board shall constitute a quorum, but a lesser 

22 number may hold hearings. A recommendation of 

23 the Board may be passed only by a majority of the 

24 Board’s members present at a meeting for which 

25 there is a quorum. 


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1 ‘‘(6) ELECTION OF OFFICERS.—The Chair2 person and Vice Chairperson of the Board shall be 

3 elected by the members of the Board. The term of 

4 office of the Chairperson and Vice Chairperson shall 

5 be 2 years. 

6 ‘‘(7) MEETINGS.—The Board shall meet at the 

7 call of the Chairperson or a majority of the members 

8 of the Board. 

9 ‘‘(f) GIFTS, BEQUESTS, AND DEVISES.— 

10 ‘‘(1) IN GENERAL.—The Institute may accept, 

11 administer, and use gifts or donations of services, 

12 money, or property, whether real or personal, tan13 gible or intangible. 

14 ‘‘(2) RULES.—The Board shall establish writ15 ten rules setting forth the criteria to be used by the 

16 Institute in determining whether the acceptance of 

17 contributions of services, money, or property whether 

18 real or personal, tangible or intangible, would reflect 

19 unfavorably upon the ability of the Institute or any 

20 employee to carry out the responsibilities of the In21 stitute or employee, or official duties, in a fair and 

22 objective manner, or would compromise the integrity, 

23 or the appearance of the integrity, of the Institute’s 

24 programs or any official involved in those programs. 


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1 ‘‘(g) MAILS.—The Board and the Institute may use 

2 the United States mails in the same manner and under 

3 the same conditions as other departments and agencies of 

4 the United States. 

5 ‘‘(h) DIRECTOR.—The Secretary of Education, after 

6 considering recommendations made by the Board and con7 sulting with the Interagency Group, shall appoint and fix 

8 the pay of the Director of the Institute and, when nec9 essary, shall appoint an Interim Director of the Institute. 

10 ‘‘(i) APPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The Director and staff of the Institute may be 

12 appointed without regard to the provisions of title 5, 

13 United States Code, governing appointments in the com14 petitive service, and may be paid without regard to the 

15 provisions of chapter 51 and subchapter III of chapter 53 

16 of that title relating to classification and General Schedule 

17 pay rates, except that an individual so appointed may not 

18 receive pay in excess of the annual rate of basic pay pay19 able for level IV of the Executive Schedule. 

20 ‘‘(j) EXPERTS AND CONSULTANTS.—The Institute 

21 may procure temporary and intermittent services under 

22 section 3109(b) of title 5, United States Code. 

23 ‘‘(k) BIENNIAL REPORT.— 

24 ‘‘(1) IN GENERAL.—The Institute shall submit 

25 a report biennially to the Committee on Education 


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1 and Labor of the House of Representatives and the 

2 Committee on Health, Education, Labor, and Pen3 sions of the Senate. Each report submitted under 

4 this subsection shall include— 

5 ‘‘(A) a comprehensive and detailed descrip6 tion of the Institute’s operations, activities, fi7 nancial condition, and accomplishments in iden8 tifying and describing programs on reading, 

9 writing, and English language acquisition for 

10 children, youth, and adults for the period cov11 ered by the report; and 

12 ‘‘(B) a description of how plans for the op13 eration of the Institute for the succeeding 2 fis14 cal years will facilitate achievement of the pur15 pose of the Institute. 

16 ‘‘(2) FIRST REPORT.—The Institute shall sub17 mit its first report under this subsection to the Con18 gress not later than 1 year after the date of the en19 actment of the Workforce Investment Improvement 

20 Act of 2009. 

21 ‘‘(l) ADDITIONAL FUNDING.—In addition to the 

22 funds authorized under section 205 and reserved for the 

23 Institute under section 211, the Secretary of Education, 

24 the Secretary of Health and Human Services, the Sec25 retary of Labor, or the head of any other Federal agency 


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1 or department that participates in the activities of the In2 stitute may provide funds to the Institute for activities 

3 that the Institute is authorized to perform under this sec4 tion. 

5 ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. 

6 ‘‘The Secretary shall establish and carry out a pro7 gram of national leadership activities that may include the 

8 following: 

9 ‘‘(1) Technical assistance, on request, including 

10 assistance— 

11 ‘‘(A) on request to volunteer community12 and faith-based organizations, including but not 

13 limited to, improving their fiscal management, 

14 research-based instruction, and reporting re15 quirements, and the development of measurable 

16 objectives to carry out the requirements of this 

17 title; 

18 ‘‘(B) in developing valid, measurable, and 

19 reliable performance data, and using perform20 ance information for the improvement of adult 

21 education, English language acquisition, and 

22 family literacy education programs; 

23 ‘‘(C) on adult education professional devel24 opment; and 


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1 ‘‘(D) in using distance learning and im2 proving the application of technology in the 

3 classroom, including instruction in English lan4 guage acquisition for individuals who have lim5 ited English proficiency. 

6 ‘‘(2) Providing for the conduct of research on 

7 national literacy basic skill acquisition levels among 

8 adults, including the number of limited English pro9 ficient adults functioning at different levels of read10 ing proficiency. 

11 ‘‘(3) Improving the coordination, efficiency, and 

12 effectiveness of adult education and workforce devel13 opment services at the national, State, and local lev14 els. 

15 ‘‘(4) Determining how participation in adult 

16 education, English language acquisition, and family 

17 literacy education programs prepares individuals for 

18 entry into and success in post-secondary education 

19 and employment, and in the case of prison-based 

20 services, the effect on recidivism. 

21 ‘‘(5) Evaluating how different types of pro22 viders, including community and faith-based organi23 zations or private for-profit agencies measurably im24 prove the skills of participants in adult education, 


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1 English language acquisition, and family literacy 

2 education programs. 

3 ‘‘(6) Identifying model integrated basic and 

4 workplace skills education programs, including pro5 grams for individuals with limited English pro6 ficiency coordinated literacy and employment serv7 ices, and effective strategies for serving adults with 

8 disabilities. 

9 ‘‘(7) Initiating other activities designed to im10 prove the measurable quality and effectiveness of 

11 adult education, English language acquisition, and 

12 family literacy education programs nationwide.’’. 

13 TITLE III—AMENDMENTS TO 

14 THE WAGNER–PEYSER ACT 

15 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

16 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 

17 amended— 

18 (1) by striking sections 1 through 13; 

19 (2) in section 14 by inserting ‘‘of Labor’’ after 

20 ‘‘Secretary’’; and 

21 (3) by amending section 15 to read as follows: 

22 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

23 SYSTEM. 

24 ‘‘(a) SYSTEM CONTENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

2 accordance with the provisions of this section, shall 

3 oversee the development, maintenance, and contin4 uous improvement of a nationwide workforce and 

5 labor market information system that includes— 

6 ‘‘(A) statistical data from cooperative sta7 tistical survey and projection programs and 

8 data from administrative reporting systems 

9 that, taken together, enumerate, estimate, and 

10 project employment opportunities and condi11 tions at national, State, and local levels in a 

12 timely manner, including statistics on— 

13 ‘‘(i) employment and unemployment 

14 status of national, State, and local popu15 lations, including self-employed, part-time, 

16 and seasonal workers; 

17 ‘‘(ii) industrial distribution of occupa18 tions, as well as current and projected em19 ployment opportunities, wages, benefits 

20 (where data is available), and skill trends 

21 by occupation and industry, with particular 

22 attention paid to State and local condi23 tions; 

24 ‘‘(iii) the incidence of, industrial and 

25 geographical location of, and number of 


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1 workers displaced by, permanent layoffs 

2 and plant closings; and 

3 ‘‘(iv) employment and earnings infor4 mation maintained in a longitudinal man5 ner to be used for research and program 

6 evaluation; 

7 ‘‘(B) information on State and local em8 ployment opportunities, and other appropriate 

9 statistical data related to labor market dynam10 ics, which— 

11 ‘‘(i) shall be current and comprehen12 sive; 

13 ‘‘(ii) shall meet the needs identified 

14 through the consultations described in sub15 paragraphs (A) and (B) of subsection 

16 (e)(2); and 

17 ‘‘(iii) shall meet the needs for the in18 formation identified in section 134(c); 

19 ‘‘(C) technical standards (which the Sec20 retary shall publish annually) for data and in21 formation described in subparagraphs (A) and 

22 (B) that, at a minimum, meet the criteria of 

23 chapter 35 of title 44, United States Code; 

24 ‘‘(D) procedures to ensure compatibility 

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1 scribed in subparagraphs (A) and (B) from na2 tional, State, and local levels; 

3 ‘‘(E) procedures to support standardization 

4 and aggregation of data from administrative re5 porting systems described in subparagraph (A) 

6 of employment-related programs; 

7 ‘‘(F) analysis of data and information de8 scribed in subparagraphs (A) and (B) for uses 

9 such as— 

10 ‘‘(i) national, State, and local policy11 making; 

12 ‘‘(ii) implementation of Federal poli13 cies (including allocation formulas); 

14 ‘‘(iii) program planning and evalua15 tion; and 

16 ‘‘(iv) researching labor market dynam17 ics; 

18 ‘‘(G) wide dissemination of such data, in19 formation, and analysis in a user-friendly man20 ner and voluntary technical standards for dis21 semination mechanisms; and 

22 ‘‘(H) programs of— 

23 ‘‘(i) training for effective data dis24 semination; 

25 ‘‘(ii) research and demonstration; and 


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1 ‘‘(iii) programs and technical assist2 ance. 

3 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

4 ‘‘(A) IN GENERAL.—No officer or em5 ployee of the Federal Government or agent of 

6 the Federal Government may— 

7 ‘‘(i) use any submission that is fur8 nished for exclusively statistical purposes 

9 under the provisions of this section for any 

10 purpose other than the statistical purposes 

11 for which the submission is furnished; 

12 ‘‘(ii) disclose to the public any publi13 cation or media transmittal of the data 

14 contained in the submission described in 

15 clause (i) that permits information con16 cerning an individual subject to be reason17 ably inferred by either direct or indirect 

18 means; or 

19 ‘‘(iii) permit anyone other than a 

20 sworn officer, employee, or agent of any 

21 Federal department or agency, or a con22 tractor (including an employee of a con23 tractor) of such department or agency, to 

24 examine an individual submission described 

25 in clause (i), 


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1 without the consent of the individual, agency, or 

2 other person who is the subject of the submis3 sion or provides that submission. 

4 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

5 Any submission (including any data derived 

6 from the submission) that is collected and re7 tained by a Federal department or agency, or 

8 an officer, employee, agent, or contractor of 

9 such a department or agency, for exclusively 

10 statistical purposes under this section shall be 

11 immune from the legal process and shall not, 

12 without the consent of the individual, agency, or 

13 other person who is the subject of the submis14 sion or provides that submission, be admitted 

15 as evidence or used for any purpose in any ac16 tion, suit, or other judicial or administrative 

17 proceeding. 

18 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

19 in this section shall be construed to provide im20 munity from the legal process for such submis21 sion (including any data derived from the sub22 mission) if the submission is in the possession 

23 of any person, agency, or entity other than the 

24 Federal Government or an officer, employee, 

25 agent, or contractor of the Federal Government, 


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1 or if the submission is independently collected, 

2 retained, or produced for purposes other than 

3 the purposes of this Act. 

4 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

5 ‘‘(1) IN GENERAL.—The workforce and labor 

6 market information system described in subsection 

7 (a) shall be planned, administered, overseen, and 

8 evaluated through a cooperative governance struc9 ture involving the Federal Government and States. 

10 ‘‘(2) DUTIES.—The Secretary, with respect to 

11 data collection, analysis, and dissemination of work12 force and labor market information for the system, 

13 shall carry out the following duties: 

14 ‘‘(A) Assign responsibilities within the De15 partment of Labor for elements of the work16 force and labor market information system de17 scribed in subsection (a) to ensure that all sta18 tistical and administrative data collected is con19 sistent with appropriate Bureau of Labor Sta20 tistics standards and definitions. 

21 ‘‘(B) Actively seek the cooperation of other 

22 Federal agencies to establish and maintain 

23 mechanisms for ensuring complementarity and 

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1 ation of statistical and administrative data col2 lection activities. 

3 ‘‘(C) Eliminate gaps and duplication in 

4 statistical undertakings, with the systemization 

5 of wage surveys as an early priority. 

6 ‘‘(D) In collaboration with the Bureau of 

7 Labor Statistics and States, develop and main8 tain the elements of the workforce and labor 

9 market information system described in sub10 section (a), including the development of con11 sistent procedures and definitions for use by the 

12 States in collecting the data and information 

13 described in subparagraphs (A) and (B) of sub14 section (a)(1). 

15 ‘‘(E) Establish procedures for the system 

16 to ensure that— 

17 ‘‘(i) such data and information are 

18 timely; 

19 ‘‘(ii) paperwork and reporting for the 

20 system are reduced to a minimum; and 

21 ‘‘(iii) States and localities are fully in22 volved in the development and continuous 

23 improvement of the system at all levels. 

24 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

25 SERVICES.—The Secretary is authorized to assist in the 


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1 development of national electronic tools that may be used 

2 to facilitate the delivery of work ready services described 

3 in section 134 and to provide workforce information to in4 dividuals through the one-stop delivery systems described 

5 in section 121 and through other appropriate delivery sys6 tems. 

7 ‘‘(d) COORDINATION WITH THE STATES.— 

8 ‘‘(1) IN GENERAL.—The Secretary, working 

9 through the Bureau of Labor Statistics and the Em10 ployment and Training Administration, shall regu11 larly consult with representatives of State agencies 

12 carrying out workforce information activities regard13 ing strategies for improving the workforce and labor 

14 market information system. 

15 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

16 each year, the Secretary, working through the Bu17 reau of Labor Statistics, shall conduct formal con18 sultations regarding programs carried out by the 

19 Bureau of Labor Statistics with representatives of 

20 each of the 6 Federal regions of the Bureau of 

21 Labor Statistics, elected (pursuant to a process es22 tablished by the Secretary) from the State directors 

23 affiliated with State agencies that perform the duties 

24 described in subsection (e)(2). 

25 ‘‘(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 and for the State’s 

9 participation in the development of the annual 

10 plan; 

11 ‘‘(B) establish a process for the oversight 

12 of such system; 

13 ‘‘(C) consult with State and local employ14 ers, participants, and local workforce invest15 ment boards about the labor market relevance 

16 of the data to be collected and disseminated 

17 through the statewide workforce and labor mar18 ket information system; 

19 ‘‘(D) consult with State educational agen20 cies and local educational agencies concerning 

21 the provision of employment statistics in order 

22 to meet the needs of secondary school and post23 secondary school students who seek such infor24 mation; 


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1 ‘‘(E) collect and disseminate for the sys2 tem, on behalf of the State and localities in the 

3 State, the information and data described in 

4 subparagraphs (A) and (B) of subsection 

5 (a)(1); 

6 ‘‘(F) maintain and continuously improve 

7 the statewide workforce and labor market infor8 mation system in accordance with this section; 

9 ‘‘(G) perform contract and grant respon10 sibilities for data collection, analysis, and dis11 semination for such system; 

12 ‘‘(H) conduct such other data collection, 

13 analysis, and dissemination activities as will en14 sure an effective statewide workforce and labor 

15 market information system; 

16 ‘‘(I) actively seek the participation of other 

17 State and local agencies in data collection, anal18 ysis, and dissemination activities in order to en19 sure complementarity, compatibility, and useful20 ness of data; 

21 ‘‘(J) participate in the development of the 

22 annual plan described in subsection (c); and 

23 ‘‘(K) utilize the quarterly records described 

24 in section 136(f)(2) of the Workforce Invest25 ment Act of 1998 to assist the State and other 


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1 States in measuring State progress on State 

2 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 such sums as may be necessary for each of the fiscal years 

17 2011 through 2015. 

18 ‘‘(h) DEFINITION.—In this section, the term ‘local 

19 area’ means the smallest geographical area for which data 

20 can be produced with statistical reliability.’’. 

21 TITLE IV—AMENDMENTS TO THE 

22 REHABILITATION ACT OF 1973 

23 SEC. 401. FINDINGS. 

24 Section 2(a) of the Rehabilitation Act of 1973 (29 

25 U.S.C. 701(a)) is amended— 


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1 (1) in paragraph (5), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (6), by striking the period and 

4 inserting ‘‘; and’’; and 

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

6 ‘‘(7) there is a substantial need to improve and 

7 expand services for students with disabilities under 

8 this Act.’’. 

9 SEC. 402. REHABILITATION SERVICES ADMINISTRATION. 

10 Section 3(a) of the Rehabilitation Act of 1973 (29 

11 U.S.C. 702(a)) is amended— 

12 (1) by striking ‘‘Office of the Secretary’’ and 

13 inserting ‘‘Department of Education’’; 

14 (2) by striking ‘‘President by and with the ad15 vice and consent of the Senate’’ and inserting ‘‘Sec16 retary, except that the Commissioner appointed 

17 under the authority existing on the day prior to the 

18 date of enactment of the Workforce Investment Im19 provement Act of 2009 may continue to serve in the 

20 former capacity’’; and 

21 (3) by striking ‘‘, and the Commissioner shall 

22 be the principal officer,’’. 

23 SEC. 403. DIRECTOR. 

24 (a) IN GENERAL.—The Rehabilitation Act of 1973 

25 (29 U.S.C. 701 et seq.) is amended— 


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1 (1) by striking ‘‘Commissioner’’ each place it 

2 appears, except in sections 3(a) (as amended by sec3 tion 402) and 21, and inserting ‘‘Director’’; 

4 (2) in section 100(d)(2)(B), by striking ‘‘COM5 MISSIONER’’ and inserting ‘‘DIRECTOR’’; 

6 (3) in section 706, by striking ‘‘COMMIS7 SIONER’’ and inserting ‘‘DIRECTOR’’; and 

8 (4) in section 723(a)(3), by striking ‘‘COMMIS9 SIONER’’ and inserting ‘‘DIRECTOR’’. 

10 (b) EXCEPTION.—Section 21 of the Rehabilitation 

11 Act of 1973 (29 U.S.C. 718) is amended— 

12 (1) in subsection (b)(1)— 

13 (A) by striking ‘‘Commissioner’’ the first 

14 place it appears and inserting ‘‘Director of the 

15 Rehabilitation Services Administration’’; and 

16 (B) by striking ‘‘(referred to in this sub17 section as the ‘Director’)’’; and 

18 (2) by striking ‘‘Commissioner and the Direc19 tor’’ each place it appears and inserting ‘‘both such 

20 Directors’’. 

21 SEC. 404. DEFINITIONS. 

22 Section 7 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 705) is amended— 


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1 (1) by redesignating paragraphs (35) through 

2 (39) as paragraphs (36), (37), (38), (40), and (41), 

3 respectively; 

4 (2) in subparagraph (A)(ii) of paragraph (36) 

5 (as redesignated by paragraph (1)), by striking 

6 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

7 (37)(C)’’; 

8 (3) by inserting after paragraph (34) the fol9 lowing: 

10 ‘‘(35)(A) The term ‘student with a disability’ 

11 means an individual with a disability who— 

12 ‘‘(i) is not younger than 16 and not older 

13 than 21; 

14 ‘‘(ii) has been determined to be eligible 

15 under section 102(a) for assistance under this 

16 title; and 

17 ‘‘(iii)(I) is eligible for, and is receiving, 

18 special education under part B of the Individ19 uals with Disabilities Education Act (20 U.S.C. 

20 1411 et seq.); or 

21 ‘‘(II) is an individual with a disability, for 

22 purposes of section 504. 

23 ‘‘(B) The term ‘students with disabilities’ 

24 means more than 1 student with a disability.’’; and 


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1 (4) by inserting after paragraph (38) (as redes2 ignated by paragraph (1)) the following: 

3 ‘‘(39) The term ‘transition services expansion 

4 year’ means— 

5 ‘‘(A) the first fiscal year for which the 

6 amount appropriated under section 100(b) ex7 ceeds the amount appropriated under section 

8 100(b) for fiscal year 2004 by not less than 

9 $100,000,000; and 

10 ‘‘(B) each fiscal year subsequent to that 

11 first fiscal year.’’. 

12 SEC. 405. STATE PLAN. 

13 (a) COORDINATION WITH EDUCATION OFFICIALS

14 AND ASSISTIVE TECHNOLOGY PROGRAMS.—Section 

15 101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. 

16 721(a)(11)) is amended— 

17 (1) in subparagraph (D)(i) by inserting ‘‘, 

18 which may be provided using alternative means of 

19 meeting participation (such as video conferences and 

20 conference calls)’’ before the semicolon; and 

21 (2) by adding at the end the following: 

22 ‘‘(G) COORDINATION WITH ASSISTIVE

23 TECHNOLOGY PROGRAMS.—The State plan shall 

24 include an assurance that the designated State 

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1 rying out duties under the Assistive Technology 

2 Act of 1998 (29 U.S.C. 3001 et seq.), as 

3 amended, have developed working relationships 

4 and coordinate their activities.’’. 

5 (b) ASSESSMENT AND STRATEGIES.—Section 

6 101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C. 

7 721(a)(15)) is amended— 

8 (1) in subparagraph (A) 

9 (A) in clause (i)— 

10 (i) in subclause (II), by striking 

11 ‘‘and’’ at the end; 

12 (ii) in subclause (III), by adding 

13 ‘‘and’’ at the end; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(IV) in a transition services ex17 pansion year, students with disabil18 ities, including their need for transi19 tion services;’’; and 

20 (B) by redesignating clauses (ii) and (iii) 

21 as clauses (iii) and (iv), respectively, and insert22 ing after clause (i) the following: 

23 ‘‘(ii) include an assessment of the 

24 transition services provided under this Act, 

25 and coordinated with transition services 


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1 under the Individuals with Disabilities 

2 Education Act, as to those services meet3 ing the needs of individuals with disabil4 ities;’’; and 

5 (2) in subparagraph (D)— 

6 (A) by redesignating clauses (iii), (iv), and 

7 (v) as clauses (iv), (v), and (vi), respectively; 

8 and 

9 (B) by inserting after clause (ii) the fol10 lowing: 

11 ‘‘(iii) in a transition services expan12 sion year, the methods to be used to im13 prove and expand vocational rehabilitation 

14 services for students with disabilities, in15 cluding the coordination of services de16 signed to facilitate the transition of such 

17 students from the receipt of educational 

18 services in school to the receipt of voca19 tional rehabilitation services under this 

20 title or to post-secondary education or em21 ployment;’’. 

22 (c) SERVICES FOR STUDENTS WITH DISABILITIES.— 

23 Section 101(a) of the Rehabilitation Act of 1973 (29 

24 U.S.C. 721(a)) is further amended by adding at the end 

25 the following: 


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1 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL2 ITIES.—The State plan for a transition services ex3 pansion year shall provide an assurance satisfactory 

4 to the Secretary that the State— 

5 ‘‘(A) has developed and implemented strat6 egies to address the needs identified in the as7 sessment described in paragraph (15), and 

8 achieve the goals and priorities identified by the 

9 State, to improve and expand vocational reha10 bilitation services for students with disabilities 

11 on a statewide basis in accordance with para12 graph (15); and 

13 ‘‘(B) from funds reserved under section 

14 110A, shall carry out programs or activities de15 signed to improve and expand vocational reha16 bilitation services for students with disabilities 

17 that— 

18 ‘‘(i) facilitate the transition of the stu19 dents with disabilities from the receipt of 

20 educational services in school, to the re21 ceipt of vocational rehabilitation services 

22 under this title, including, at a minimum, 

23 those services specified in the interagency 

24 agreement required in paragraph (11)(D); 


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1 ‘‘(ii) improve the achievement of post2 school goals of students with disabilities, 

3 including improving the achievement 

4 through participation (as appropriate when 

5 career goals are discussed) in meetings re6 garding individualized education programs 

7 developed under section 614 of the Individ8 uals with Disabilities Education Act (20 

9 U.S.C. 1414); 

10 ‘‘(iii) provide career guidance, career 

11 exploration services, and job search skills 

12 and strategies and technical assistance to 

13 students with disabilities; 

14 ‘‘(iv) support the provision of training 

15 and technical assistance to State and local 

16 educational agency and designated State 

17 agency personnel responsible for the plan18 ning and provision of services to students 

19 with disabilities; and 

20 ‘‘(v) support outreach activities to stu21 dents with disabilities who are eligible for, 

22 and need, services under this title.’’. 

23 SEC. 406. SCOPE OF SERVICES. 

24 Section 103 of the Rehabilitation Act of 1973 (29 

25 U.S.C. 723) is amended— 


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1 (1) in subsection (a), by striking paragraph 

2 (15) and inserting the following: 

3 ‘‘(15) transition services for students with dis4 abilities, that facilitate the achievement of the em5 ployment outcome identified in the individualized 

6 plan for employment, including, in a transition serv7 ices expansion year, services described in clauses (i) 

8 through (iii) of section 101(a)(25)(B);’’; 

9 (2) in subsection (b), by striking paragraph (6) 

10 and inserting the following: 

11 ‘‘(6)(A)(i) Consultation and technical assistance 

12 services to assist State and local educational agen13 cies in planning for the transition of students with 

14 disabilities from school to post-school activities, in15 cluding employment. 

16 ‘‘(ii) In a transition services expansion year, 

17 training and technical assistance described in section 

18 101(a)(25)(B)(iv). 

19 ‘‘(B) In a transition services expansion year, 

20 services for groups of individuals with disabilities 

21 who meet the requirements of clauses (i) and (iii) of 

22 section 7(35)(A), including services described in 

23 clauses (i), (ii), (iii), and (v) of section 

24 101(a)(25)(B), to assist in the transition from 

25 school to post-school activities.’’; and 


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1 (3) in subsection (b) by inserting at the end, 

2 the following: 

3 ‘‘(7) The establishment, development, or im4 provement of assistive technology demonstration, 

5 loan, reutilization, or financing programs in coordi6 nation with activities authorized under the Assistive 

7 Technology Act of 1998 (29 U.S.C. 3001), as 

8 amended, to promote access to assistive technology 

9 for individuals with disabilities and employers.’’. 

10 SEC. 407. STANDARDS AND INDICATORS. 

11 Section 106(a) of the Rehabilitation Act of 1973 (29 

12 U.S.C. 726(a)) is amended by striking paragraph (1)(C) 

13 and all that follows through paragraph (2) and inserting 

14 the following: 

15 ‘‘(2) MEASURES.—The standards and indica16 tors shall include outcome and related measures of 

17 program performance that— 

18 ‘‘(A) facilitate the accomplishment of the 

19 purpose and policy of this title; 

20 ‘‘(B) to the maximum extent practicable, 

21 are consistent with the core indicators of per22 formance, and corresponding State adjusted lev23 els of performance, established under section 

24 136(b); and 


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1 ‘‘(C) include measures of the program’s 

2 performance with respect to the transition to 

3 post-school career activities, and achievement of 

4 the post-school career goals, of students with 

5 disabilities served under the program.’’. 

6 SEC. 408. 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 ‘‘(a) RESERVATION.—From the State allotment 

13 under section 110 in a transition services expansion year, 

14 each State shall reserve an amount calculated by the Di15 rector under subsection (b) to carry out programs and ac16 tivities under sections 101(a)(25)(B) and 103(b)(6). 

17 ‘‘(b) CALCULATION.—The Director shall calculate the 

18 amount to be reserved for such programs and activities 

19 for a fiscal year by each State by multiplying $50,000,000 

20 by the percentage determined by dividing— 

21 ‘‘(1) the amount allotted to that State under 

22 section 110 for the prior fiscal year, by 

23 ‘‘(2) the total amount allotted to all States 

24 under section 110 for that prior fiscal year.’’. 


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1 SEC. 409. CLIENT ASSISTANCE PROGRAM. 

2 Section 112(e)(1) of the Rehabilitation Act of 1973 

3 (29 U.S.C. 732(e)(1)) is amended by redesignating sub4 paragraph (D) as subparagraph (E) and inserting after 

5 subparagraph (C) the following: 

6 ‘‘(D) The Secretary shall make grants to the protec7 tion and advocacy system serving the American Indian 

8 Consortium to provide services in accordance with this sec9 tion. The amount of such grants shall be the same as pro10 vided to territories under this subsection.’’. 

11 SEC. 410. PROTECTION AND ADVOCACY OF INDIVIDUAL 

12 RIGHTS. 

13 Section 509(g)(2) of the Rehabilitation Act of 1973 

14 (29 U.S.C. 794e(g)(2)) is amended by striking ‘‘was paid’’ 

15 and inserting ‘‘was paid, except that program income gen16 erated from such amount shall remain available to such 

17 system for one additional fiscal year’’. 

18 SEC. 411. CHAIRPERSON. 

19 Section 705(b)(5) of the Rehabilitation Act of 1973 

20 (29 U.S.C. 796d(b)(5)) is amended to read as follows: 

21 ‘‘(5) CHAIRPERSON.—The Council shall select a 

22 chairperson from among the voting membership of 

23 the Council.’’. 

24 SEC. 412. AUTHORIZATIONS OF APPROPRIATIONS. 

25 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

26 seq.) is further amended— 


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1 (1) in section 100(b)(1) by striking ‘‘fiscal 

2 years 1999 through 2003’’ and inserting ‘‘fiscal 

3 years 2011 through 2015’’; 

4 (2) in section 100(d)(1)(B) by striking ‘‘fiscal 

5 year 2003’’ and inserting ‘‘fiscal year 2015’’; 

6 (3) in section 110(c) by amending paragraph 

7 (2) to read as follows: 

8 ‘‘(2) The sum referred to in paragraph (1) shall 

9 be, as determined by the Secretary, not less than 1 

10 percent and not more than 1.5 percent of the 

11 amount referred to in paragraph (1) for each of fis12 cal years 2011 through 2015.’’; 

13 (4) in section 112(h) by striking ‘‘fiscal years 

14 1999 through 2003’’ and inserting ‘‘fiscal years 

15 2011 through 2015’’; 

16 (5) in section 201(a) by striking ‘‘fiscal years 

17 1999 through 2003’’ each place it appears and in18 serting ‘‘fiscal years 2011 through 2015’’; 

19 (6) in section 302(i) by striking ‘‘fiscal years 

20 1999 through 2003’’ and inserting ‘‘fiscal years 

21 2011 through 2015’’; 

22 (7) in section 303(e) by striking ‘‘fiscal years 

23 1999 through 2003’’ and inserting ‘‘fiscal years 

24 2011 through 2015’’; 


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1 (8) in section 304(b) by striking ‘‘fiscal years 

2 1999 through 2003’’ and inserting ‘‘fiscal years 

3 2011 through 2015’’; 

4 (9) in section 305(b) by striking ‘‘fiscal years 

5 1999 through 2003’’ and inserting ‘‘fiscal years 

6 2011 through 2015’’; 

7 (10) in section 405 by striking ‘‘fiscal years 

8 1999 through 2003’’ and inserting ‘‘fiscal years 

9 2011 through 2015’’; 

10 (11) in section 502(j) by striking ‘‘fiscal years 

11 1999 through 2003’’ and inserting ‘‘fiscal years 

12 2011 through 2015’’; 

13 (12) in section 509(l) by striking ‘‘fiscal years 

14 1999 through 2003’’ and inserting ‘‘fiscal years 

15 2011 through 2015’’; 

16 (13) in section 612 by striking ‘‘fiscal years 

17 1999 through 2003’’ and inserting ‘‘fiscal years 

18 2011 through 2015’’; 

19 (14) in section 628 by striking ‘‘fiscal years 

20 1999 through 2003’’ and inserting ‘‘fiscal years 

21 2011 through 2015’’; 

22 (15) in section 714 by striking ‘‘fiscal years 

23 1999 through 2003’’ and inserting ‘‘fiscal years 

24 2011 through 2015’’; 


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1 (16) in section 727 by striking ‘‘fiscal years 

2 1999 through 2003’’ and inserting ‘‘fiscal years 

3 2011 through 2015’’; and 

4 (17) in section 753 by striking ‘‘fiscal years 

5 1999 through 2003’’ and inserting ‘‘fiscal years 

6 2011 through 2015’’. 

7 SEC. 413. CONFORMING AMENDMENT. 

8 Section 1(b) of the Rehabilitation Act of 1973 is 

9 amended by inserting after the item relating to section 

10 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’. 

11 SEC. 414. HELEN KELLER NATIONAL CENTER ACT. 

12 (a) GENERAL AUTHORIZATION OF APPROPRIA13 TIONS.—The first sentence of section 205(a) of the Helen 

14 Keller National Center Act (29 U.S.C. 1904(a)) is amend15 ed by striking ‘‘1999 through 2003’’ and inserting ‘‘2011 

16 through 2015’’. 

17 (b) HELEN KELLER NATIONAL CENTER FEDERAL

18 ENDOWMENT FUND.—The first sentence of section 

19 208(h) of such Act (29 U.S.C. 1907(h)) is amended by 

20 striking ‘‘1999 through 2003’’ and inserting ‘‘2011 

21 through 2015’’. 


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1 TITLE V—TRANSITION AND 

2 EFFECTIVE DATE 

3 SEC. 501. TRANSITION PROVISIONS. 

4 The Secretary of Labor shall take such actions as the 

5 Secretary determines to be appropriate to provide for the 

6 orderly implementation of this Act. 

7 SEC. 502. EFFECTIVE DATE. 

8 Except as otherwise provided in this Act, this Act and 

9 the amendments made by this Act, shall take effect on 

10 the date of enactment of this Act. 

Æ 


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