IB 

Union Calendar No. 9 

113TH CONGRESS 

1ST SESSION H. R. 803 

[Report No. 113–14, Part I] 

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 

FEBRUARY 25, 2013 

Ms. FOXX (for herself, Mr. KLINE, Mr. ROE of Tennessee, Mr. ROKITA, Mr. 

MCKEON, Mr. MARCHANT, Mr. SALMON, Mr. GUTHRIE, Mr. 

DESJARLAIS, Mr. BUCSHON, Mr. HECK of Nevada, Mrs. BROOKS of Indiana, Mr. MESSER, Mrs. ELLMERS, and Mr. STIVERS) introduced the following bill; which was referred to the Committee on Education and the 

Workforce, and in addition to the Committees on the Judiciary, Agriculture, Veterans’ Affairs, Energy and Commerce, and Transportation 

and Infrastructure, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

MARCH 12, 2013 

Additional sponsors: Mrs. ROBY, Mr. POE of Texas, Mr. HUDSON, Mr. 

HUELSKAMP, Mr. WALDEN, Mr. RADEL, Mr. GRIFFIN of Arkansas, Mr. 

FLORES, and Mr. KELLY

MARCH 12, 2013 

Reported from the Committee on Education and the Workforce with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 12, 2013 

The Committees on the Judiciary, Agriculture, Veterans’ Affairs, Energy and 

Commerce, and Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 25, 2013] 


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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. 


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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 ‘‘Supporting Knowledge 

5 and Investing in Lifelong Skills Act’’ or the ‘‘SKILLS Act’’. 

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. 

Sec. 4. Effective date. 

TITLE I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 

1998 

Subtitle A—Workforce Investment Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

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

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

Sec. 110. General authorization. 

Sec. 111. State allotments. 

Sec. 112. Within State allocations. 

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

Sec. 114. Performance accountability system. 

Sec. 115. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 116. Job Corps purposes. 

Sec. 117. Job Corps definitions. 

Sec. 118. Individuals eligible for the Job Corps. 

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

Sec. 120. Job Corps centers. 

Sec. 121. Program activities. 

Sec. 122. Counseling and job placement. 

Sec. 123. Support. 

Sec. 124. Operations. 

Sec. 125. Community participation. 


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Sec. 126. Workforce councils. 

Sec. 127. Technical assistance. 

Sec. 128. Special provisions. 

Sec. 129. Performance accountability management. 

Subtitle D—National Programs 

Sec. 130. Technical assistance. 

Sec. 131. Evaluations. 

Subtitle E—Administration 

Sec. 132. Requirements and restrictions. 

Sec. 133. Prompt allocation of funds. 

Sec. 134. Fiscal controls; sanctions. 

Sec. 135. Reports to Congress. 

Sec. 136. Administrative provisions. 

Sec. 137. State legislative authority. 

Sec. 138. General program requirements. 

Sec. 139. Federal agency staff. 

Subtitle F—State Unified Plan 

Sec. 140. State unified plan. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION 

Sec. 201. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

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

TITLE IV—REPEALS AND CONFORMING AMENDMENTS 

Sec. 401. Repeals. 

Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 

Sec. 403. Amendments to the Food and Nutrition Act of 2008. 

Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. 

Sec. 405. Amendments relating to the Second Chance Act of 2007. 

Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 

1968. 

Sec. 407. Conforming amendments to the United States Code. 

Sec. 408. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation services administration. 

Sec. 503. Definitions. 

Sec. 504. State plan. 

Sec. 505. Scope of services. 

Sec. 506. Standards and indicators. 

Sec. 507. Collaboration with industry. 

Sec. 508. Reservation for expanded transition services. 

Sec. 509. Client assistance program. 

Sec. 510. Title III amendments. 


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Sec. 511. Repeal of title VI. 

Sec. 512. Chairperson. 

Sec. 513. Authorizations of appropriations. 

Sec. 514. Conforming amendments. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the amendment or repeal shall be considered to be made 

6 to a section or other provision of the Workforce Investment 

7 Act of 1998 (29 U.S.C. 9201 et seq.). 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise provided, this Act and the amend10 ments made by this Act shall be effective with respect to 

11 fiscal year 2014 and succeeding fiscal years. 

12 TITLE I—AMENDMENTS TO THE 

13 WORKFORCE INVESTMENT 

14 ACT OF 1998 

15 Subtitle A—Workforce Investment 

16 Definitions 

17 SEC. 101. DEFINITIONS. 

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

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

20 (2) by redesignating paragraphs (1) through (12) 

21 as paragraphs (3) through (14), and paragraphs (14) 

22 through (23) as paragraphs (15) through (24), respec23 tively; 


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

2 (4) by inserting after ‘‘In this title:’’ the fol3 lowing new paragraphs: 

4 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac5 crued expenditures’ means charges incurred by recipi6 ents of funds under this title for a given period re7 quiring the provision of funds for goods or other tan8 gible property received; services performed by employ9 ees, contractors, subgrantees, subcontractors, and other 

10 payees; and other amounts becoming owed under pro11 grams assisted under this title for which no current 

12 services or performance is required, such as annuities, 

13 insurance claims, and other benefit payments. 

14 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘admin15 istrative costs’ means expenditures incurred by State 

16 and local workforce investment boards, direct recipi17 ents (including State grant recipients under subtitle 

18 B and recipients of awards under subtitles C and D), 

19 local grant recipients, local fiscal agents or local 

20 grant subrecipients, and one-stop operators in the 

21 performance of administrative functions and in car22 rying out activities under this title which are not re23 lated to the direct provision of workforce investment 

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1 ployers). Such costs include both personnel and non2 personnel and both direct and indirect.’’; 

3 (5) in paragraph (3) (as so redesignated), by 

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

5 inserting ‘‘The’’; 

6 (6) by amending paragraph (5) (as so redesig7 nated) to read as follows: 

8 ‘‘(5) AREA CAREER AND TECHNICAL EDUCATION

9 SCHOOL.—The term ‘area career and technical edu10 cation school’ has the meaning given the term in sec11 tion 3(3) of the Carl D. Perkins Career and Technical 

12 Education Act of 2006 (20 U.S.C. 2302(3)).’’; 

13 (7) in paragraph (6) (as so redesignated), by in14 serting ‘‘(or such other level as the Governor may es15 tablish)’’ after ‘‘8th grade level’’; 

16 (8) in paragraph (10)(C) (as so redesignated), by 

17 striking ‘‘not less than 50 percent of the cost of the 

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

19 cost of training, as determined by the local board (or, 

20 in the case of an employer in multiple local areas in 

21 the State, as determined by the Governor), taking into 

22 account the size of the employer and such other factors 

23 as the local board determines to be appropriate’’; 

24 (9) in paragraph (11) (as so redesignated)— 


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

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

3 (B) in subparagraph (B)(iii)— 

4 (i) by striking ‘‘134(d)(4)’’ and insert5 ing ‘‘134(c)(4)’’; and 

6 (ii) by striking ‘‘intensive services de7 scribed in section 134(d)(3)’’ and inserting 

8 ‘‘work ready services described in section 

9 117(d)(5)(C)’’; 

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

11 after the semicolon; 

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

13 period and inserting ‘‘; or’’; and 

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

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

16 Armed Forces on active duty for a period of 

17 more than 30 days (as defined in section 

18 101(d)(2) of title 10, United States Code) who 

19 has experienced a loss of employment as a direct 

20 result of relocation to accommodate a permanent 

21 change in duty station of such member; or 

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

23 Armed Forces on active duty who meets the cri24 teria described in paragraph (12)(B).’’; 

25 (10) in paragraph (12)(A) (as redesignated)— 


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

2 and inserting ‘‘or’’; 

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

4 ‘‘(A)(i)’’; and 

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

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

7 Armed Forces on active duty for a period of 

8 more than 30 days (as defined in section 

9 101(d)(2) of title 10, United States Code) whose 

10 family income is significantly reduced because of 

11 a deployment (as defined in section 991(b) of 

12 title 10, United States Code, or pursuant to 

13 paragraph (4) of such section), a call or order to 

14 active duty pursuant to a provision of law re15 ferred to in section 101(a)(13)(B) of title 10, 

16 United States Code, a permanent change of sta17 tion, or the service-connected (as defined in sec18 tion 101(16) of title 38, United States Code) 

19 death or disability of the member; and’’; 

20 (11) in paragraph (13) (as so redesignated), by 

21 inserting ‘‘or regional’’ after ‘‘local’’ each place it ap22 pears; 

23 (12) in paragraph (14) (as so redesignated)— 

24 (A) in subparagraph (A), by striking ‘‘sec25 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 


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

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

4 who is identified or awarded a contract as de5 scribed in section 117(d)(5)(C); or’’; 

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

7 (D) by redesignating subparagraph (D) as 

8 subparagraph (C). 

9 (13) in paragraph (15) (as so redesignated), by 

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

11 ‘‘individual’’; 

12 (14) in paragraph (25)— 

13 (A) in subparagraph (B), by striking ‘‘high14 er of—’’ and all that follows through clause (ii) 

15 and inserting ‘‘poverty line for an equivalent pe16 riod;’’; 

17 (B) by redesignating subparagraphs (D) 

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

19 respectively; and 

20 (C) by inserting after subparagraph (C) the 

21 following: 

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

23 reduced price lunch under the Richard B. Russell 

24 National School Lunch Act (42 U.S.C. 1751 et 

25 seq.);’’; 


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

3 Micronesia,’’; 

4 (16) by amending paragraph (33) to read as fol5 lows: 

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

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

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

11 secondary school diploma or its recognized equiv12 alent but is basic skills deficient, unemployed, or 

13 underemployed.’’. 

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

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

16 (18) by amending paragraph (49) to read as fol17 lows: 

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

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

20 title 5, United States Code.’’; 

21 (19) by amending paragraph (50) to read as fol22 lows: 

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

24 The term ‘career and technical education’ has the 

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


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1 Perkins Career and Technical Education Act of 2006 

2 (20 U.S.C. 2302).’’; 

3 (20) in paragraph (51) by striking ‘‘, and a 

4 youth activity’’; and 

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

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

7 subtitle C, the term ‘at-risk youth’ means an indi8 vidual who— 

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

10 than age 24; 

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

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

13 of the following: 

14 ‘‘(i) a secondary school dropout; 

15 ‘‘(ii) a youth in foster care (including 

16 youth aging out of foster care); 

17 ‘‘(iii) a youth offender; 

18 ‘‘(iv) a youth who is an individual 

19 with a disability; or 

20 ‘‘(v) a migrant youth. 

21 ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.—The 

22 term ‘industry or sector partnership’ means a part23 nership of a State or local board and one or more in24 dustries and other entities that have the capability to 

25 help the State or local board determine the immediate 


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1 and long term skilled workforce needs of in-demand 

2 industries and other occupations important to the 

3 State or local economy, respectively. 

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

5 The term ‘industry-recognized credential’ means a 

6 credential that is sought or accepted by companies 

7 within the industry sector involved, across multiple 

8 States, as recognized, preferred, or required for re9 cruitment, screening, or hiring. 

10 ‘‘(55) RECOGNIZED POSTSECONDARY CREDEN11 TIAL.—The term ‘recognized postsecondary credential’ 

12 means a credential awarded by a training provider 

13 or postsecondary educational institution based on 

14 completion of all requirements for a program of 

15 study, including coursework or tests or other perform16 ance evaluations. The term includes an industry-rec17 ognized credential, a certificate of completion of an 

18 apprenticeship, or an associate or baccalaureate de19 gree. 

20 ‘‘(56) PAY-FOR-PERFORMANCE CONTRACT STRAT21 EGY.—The term ‘pay-for-performance contract strat22 egy’ means a strategy in which a contract to provide 

23 a program of employment and training activities in24 corporates— 


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1 ‘‘(A) the performance outcome described in 

2 subclauses (I) through (IV) of section 

3 136(b)(2)(A)(i); 

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

5 provider of such employment and training ac6 tivities for each program participant who 

7 achieves the agreed to levels of performance based 

8 upon the outcome measures described in sub9 paragraph (A), within a defined timetable, and 

10 may include a bonus payment to such provider 

11 which may be used to expand the capacity of 

12 such provider; 

13 ‘‘(C) the ability for a provider to recoup the 

14 costs of training a participant who has not met 

15 such outcome measures, but for whom the pro16 vider is able to demonstrate that such partici17 pant gained specific competencies required for 

18 education and career advancement that are, 

19 where feasible, tied to industry-recognized cre20 dentials and related standards, or State licensing 

21 requirements; and 

22 ‘‘(D) the ability for a provider that does not 

23 meet the requirements under section 122(a)(2) to 

24 participate in such pay-for-performance contract 

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1 ance and cost information required under section 

2 122(d).’’. 

3 Subtitle B—Statewide and Local 

4 Workforce Investment Systems 

5 SEC. 102. PURPOSE. 

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

7 at the end the following: ‘‘It is also the purpose of this sub8 title to provide workforce investment activities in a manner 

9 that enhances employer engagement, promotes customer 

10 choices in the selection of training services, and ensures ac11 countability in the use of the taxpayer funds.’’. 

12 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

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

14 (1) in subsection (b)— 

15 (A) in paragraph (1)— 

16 (i) by striking subparagraph (B); 

17 (ii) by redesignating subparagraph (C) 

18 as subparagraph (B); and 

19 (iii) in subparagraph (B) (as so redes20 ignated)— 

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

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

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

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

25 read as follows: 


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1 ‘‘(II) represent businesses, includ2 ing large and small businesses, with 

3 immediate and long-term employment 

4 opportunities in in-demand industries 

5 and other occupations important to the 

6 State economy; and’’; 

7 (III) by striking clause (iii) and 

8 inserting the following: 

9 ‘‘(iii) a State agency official respon10 sible for economic development; and’’; 

11 (IV) by striking clauses (iv) 

12 through (vi); 

13 (V) by amending clause (vii) to 

14 read as follows: 

15 ‘‘(vii) such other representatives and 

16 State agency officials as the Governor may 

17 designate, including— 

18 ‘‘(I) members of the State legisla19 ture; 

20 ‘‘(II) representatives of individ21 uals and organizations that have expe22 rience with respect to youth activities; 

23 ‘‘(III) representatives of individ24 uals and organizations that have expe25 rience and expertise in the delivery of 


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1 workforce investment activities, includ2 ing chief executive officers of commu3 nity colleges and community-based or4 ganizations within the State; 

5 ‘‘(IV) representatives of the lead 

6 State agency officials with responsi7 bility for the programs and activities 

8 that are described in section 121(b) 

9 and carried out by one-stop partners; 

10 or 

11 ‘‘(V) representatives of veterans 

12 service organizations.’’; and 

13 (VI) by redesignating clause (vii) 

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

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

16 follows: 

‘‘(3) MAJORITY.—A 2 17 ⁄3 majority of the members 

18 of the board shall be representatives described in 

19 paragraph (1)(B)(i).’’; 

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

21 and inserting ‘‘(b)(1)(B)(i)’’; 

22 (3) by amending subsection (d) to read as fol23 lows: 

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

25 Governor of the State as follows: 


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1 ‘‘(1) STATE PLAN.—Consistent with section 112, 

2 develop a State plan. 

3 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

4 SYSTEM.—Review and develop statewide policies and 

5 programs in the State in a manner that supports a 

6 comprehensive Statewide workforce development sys7 tem that will result in meeting the workforce needs of 

8 the State and its local areas. Such review shall in9 clude determining whether the State should consoli10 date additional programs into the Workforce Invest11 ment Fund in accordance with section 501(e). 

12 ‘‘(3) WORKFORCE AND LABOR MARKET INFORMA13 TION SYSTEM.—Develop a statewide workforce and 

14 labor market information system described in section 

15 15(e) of the Wagner-Peyser Act, which may include 

16 using existing information conducted by the State 

17 economic development entity or related entity in de18 veloping such system. 

19 ‘‘(4) EMPLOYER ENGAGEMENT.—Develop strate20 gies across local areas that meet the needs of employ21 ers and support economic growth in the State by en22 hancing communication, coordination, and collabora23 tion among employers, economic development entities, 

24 and service providers. 


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1 ‘‘(5) DESIGNATION OF LOCAL AREAS.—Designate 

2 local areas as required under section 116. 

3 ‘‘(6) ONE-STOP DELIVERY SYSTEM.—Identify 

4 and disseminate information on best practices for ef5 fective operation of one-stop centers, including use of 

6 innovative business outreach, partnerships, and serv7 ice delivery strategies. 

8 ‘‘(7) PROGRAM OVERSIGHT.—Conduct the fol9 lowing program oversight: 

10 ‘‘(A) Reviewing and approving local plans 

11 under section 118. 

12 ‘‘(B) Ensuring the appropriate use and 

13 management of the funds provided for State em14 ployment and training activities authorized 

15 under section 134. 

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

17 Secretary described in section 136(d). 

18 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS19 URES.—Develop and ensure continuous improvement 

20 of comprehensive State performance measures, includ21 ing State adjusted levels of performance, as described 

22 under section 136(b).’’; 

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

24 subsection (f) as subsection (e); 


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1 (5) in subsection (e) (as so redesignated), by in2 serting ‘‘or participate in any action taken’’ after 

3 ‘‘vote’’; 

4 (6) by inserting after subsection (e) (as so redes5 ignated), the following: 

6 ‘‘(f) STAFF.—The State board may employ staff to as7 sist in carrying out the functions described in subsection 

8 (d).’’; and 

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

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

11 SEC. 104. STATE PLAN. 

12 Section 112 (29 U.S.C. 2822)— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘127 or’’; and 

15 (B) by striking ‘‘5-year strategy’’ and in16 serting ‘‘3-year strategy’’; 

17 (2) in subsection (b)— 

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

19 follows: 

20 ‘‘(4) information describing— 

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

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

23 workforce needs of in-demand industries, small 

24 businesses, and other occupations important to 

25 the State economy; 


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1 ‘‘(C) the knowledge and skills of the work2 force in the State; and 

3 ‘‘(D) workforce development activities (in4 cluding education and training) in the State;’’; 

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

6 follows: 

7 ‘‘(7) a description of the State criteria for deter8 mining the eligibility of training providers in accord9 ance with section 122, including how the State will 

10 take into account the performance of providers and 

11 whether the training programs relate to occupations 

12 that are in-demand;’’; 

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

14 follows: 

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

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

17 avoid duplication among, the programs and activities 

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

19 ‘‘(B) a description of common data collection 

20 and reporting processes used for the programs and ac21 tivities described in subparagraph (A), which are car22 ried out by one-stop partners, including— 

23 ‘‘(i) assurances that such processes use 

24 quarterly wage records for performance measures 


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1 described in section 136(b)(2)(A) that are appli2 cable to such programs or activities; or 

3 ‘‘(ii) if such wage records are not being used 

4 for the performance measures, an identification 

5 of the barriers to using such wage records and a 

6 description of how the State will address such 

7 barriers within one year of the approval of the 

8 plan;’’; 

9 (D) in paragraph (9), by striking ‘‘, includ10 ing comment by representatives of businesses and 

11 representatives of labor organizations,’’; 

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

13 sections 127 and 132’’ and inserting ‘‘under sec14 tion 132’’; 

15 (F) by striking paragraph (12); 

16 (G) by redesignating paragraphs (13) 

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

18 respectively; 

19 (H) in paragraph (12) (as so redesignated), 

20 by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; 

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

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

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

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

25 ‘‘116(a)(4)’’; 


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1 (K) in paragraph (16) (as so redesig2 nated)— 

3 (i) in subparagraph (A)— 

4 (I) in clause (ii), by striking ‘‘to 

5 dislocated workers’’; 

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

7 ‘‘134(d)(4)’’ and inserting ‘‘134(c)(4)’’; 

8 (III) by striking ‘‘and’’ at the end 

9 of clause (iii); 

10 (IV) by amending clause (iv) to 

11 read as follows: 

12 ‘‘(iv) how the State will serve the em13 ployment and training needs of dislocated 

14 workers (including displaced homemakers), 

15 low-income individuals (including recipi16 ents of public assistance such as supple17 mental nutrition assistance program bene18 fits pursuant to the Food and Nutrition Act 

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

20 unemployed individuals (including individ21 uals who have exhausted entitlement to 

22 State and Federal unemployment com23 pensation), English learners, homeless indi24 viduals, individuals training for nontradi25 tional employment, youth (including out-ofVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 school youth and at-risk youth), older work2 ers, ex-offenders, migrant and seasonal 

3 farmworkers, refugee and entrants, veterans 

4 (including disabled and homeless veterans), 

5 and Native Americans; and’’; and 

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

8 ‘‘(v) how the State will— 

9 ‘‘(I) consistent with section 188 

10 and Executive Order 13217 (42 U.S.C. 

11 12131 note), serve the employment and 

12 training needs of individuals with dis13 abilities; and 

14 ‘‘(II) consistent with sections 504 

15 and 508 of the Rehabilitation Act of 

16 1973, include the provision of outreach, 

17 intake, assessments, and service deliv18 ery, the development of performance 

19 measures, the training of staff, and 

20 other aspects of accessibility to pro21 grams and services under this sub22 title;’’; and 

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

24 ‘‘to the extent practicable’’ and inserting 

25 ‘‘in accordance with the requirements of the 


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1 Jobs for Veterans Act (Public Law 107–288) 

2 and the amendments made by such Act’’; 

3 and 

4 (L) by striking paragraph (17) (as so redes5 ignated) and inserting the following: 

6 ‘‘(17) a description of the strategies and services 

7 that will be used in the State— 

8 ‘‘(A) to more fully engage employers, in9 cluding small businesses and employers in in-de10 mand industries and occupations important to 

11 the State economy; 

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

13 State; and 

14 ‘‘(C) to better coordinate workforce develop15 ment programs with economic development ac16 tivities; 

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

18 convene (or help to convene) industry or sector part19 nerships that lead to collaborative planning, resource 

20 alignment, and training efforts across multiple firms 

21 for a range of workers employed or potentially em22 ployed by a targeted industry cluster— 

23 ‘‘(A) to encourage industry growth and 

24 competitiveness and to improve worker training, 


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1 retention, and advancement in targeted industry 

2 clusters; 

3 ‘‘(B) to address the immediate and long4 term skilled workforce needs of in-demand indus5 tries and other occupations important to the 

6 State economy, and 

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

8 and across industries; 

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

10 technology to facilitate access to services in remote 

11 areas, which may be used throughout the State; 

12 ‘‘(20) a description of the State strategy and as13 sistance to be provided for encouraging regional co14 operation within the State and across State borders, 

15 as appropriate; 

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

17 taken by the State to foster communication, coordina18 tion, and partnerships with non-profit organizations 

19 (including public libraries, community, faith-based, 

20 and philanthropic organizations) that provide em21 ployment-related, training, and complementary serv22 ices, to enhance the quality and comprehensiveness of 

23 services available to participants under this title; 

24 ‘‘(22) a description of the process and method25 ology for determining— 


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1 ‘‘(A) one-stop partner program contribu2 tions for the cost of the infrastructure of one-stop 

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

4 ‘‘(B) the formula for allocating such infra5 structure funds to local areas under section 

6 121(h)(3); 

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

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

9 and out-of-school youth in acquiring the education 

10 and skills, credentials (including recognized postsec11 ondary credentials and industry-recognized creden12 tials), and employment experience to succeed in the 

13 labor market, including— 

14 ‘‘(A) training and internships in in-de15 mand industries or occupations important to the 

16 State and local economy; 

17 ‘‘(B) dropout recovery activities that are de18 signed to lead to the attainment of a regular sec19 ondary school diploma or its recognized equiva20 lent, or other State recognized equivalent (in21 cluding recognized alternative standards for in22 dividuals with disabilities); and 

23 ‘‘(C) activities combining remediation of 

24 academic skills, work readiness training, and 

25 work experience, and including linkages to postVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 secondary education and training and career2 ladder employment; and 

3 ‘‘(24) a description of— 

4 ‘‘(A) how the State will furnish employ5 ment, training, supportive, and placement serv6 ices to veterans, including disabled and homeless 

7 veterans; 

8 ‘‘(B) the strategies and services that will be 

9 used in the State to assist and expedite re10 integration of homeless veterans into the labor 

11 force; and 

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

13 the State.’’; 

14 (3) in subsection (c), by striking ‘‘period, that— 

15 ’’ all that follows through paragraph (2) and insert16 ing ‘‘period, that the plan is inconsistent with the 

17 provisions of this title.’’; and 

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

19 inserting ‘‘3-year’’. 

20 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

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

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘Except as pro2 vided in subsection (b), and consistent 

3 with paragraphs (2), (3), and (4), in’’ 

4 and inserting ‘‘In’’; and 

5 (II) by striking ‘‘127 or’’; and 

6 (ii) by amending subparagraph (B) to 

7 read as follows: 

8 ‘‘(B) CONSIDERATIONS.—In making the 

9 designation of local areas, the Governor shall 

10 take into consideration the following: 

11 ‘‘(i) The extent to which such local 

12 areas are consistent with labor market 

13 areas. 

14 ‘‘(ii) The extent to which labor market 

15 areas align with economic development re16 gions. 

17 ‘‘(iii) Whether such local areas have 

18 the appropriate education and training 

19 providers to meet the needs of the local 

20 workforce. 

21 ‘‘(iv) The distance that individuals 

22 will need to travel to receive services pro23 vided in such local areas.’’; 

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

25 follows: 


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

2 shall, if requested by the Governor of a State, provide 

3 the State with technical assistance in making the de4 terminations required under paragraph (1). The Sec5 retary shall not issue regulations governing deter6 minations to be made under paragraph (1).’’; 

7 (C) by striking paragraph (3) and inserting 

8 the following: 

9 ‘‘(3) DESIGNATION ON RECOMMENDATION OF

10 STATE BOARD.—The Governor may approve a request 

11 from any unit of general local government (including 

12 a combination of such units) for designation as a 

13 local area under paragraph (1) if the State board de14 termines, taking into account the factors described in 

15 clauses (i) through (iv) of paragraph (1)(B), and rec16 ommends to the Governor, that such area shall be so 

17 designated.’’; 

18 (D) by striking paragraph (4); and 

19 (E) by redesignating paragraph (5) as 

20 paragraph (4); 

21 (2) by amending subsection (b) to read as fol22 lows: 

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

24 (a)(1)(B), the Governor may designate a State as a single 

25 State local area for the purposes of this title.’’; and 


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1 (3) in subsection (c)— 

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

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

4 boards for the designated region to prepare a 

5 single regional plan that incorporates the ele6 ments of the local plan under section 118 and 

7 that is submitted and approved in lieu of sepa8 rate local plans under such section.’’; and 

9 (B) in paragraph (2), by striking ‘‘employ10 ment statistics’’ and inserting ‘‘workforce and 

11 labor market information’’. 

12 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

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

14 (1) in subsection (b)— 

15 (A) in paragraph (2)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘include—’’ and 

18 all that follows through ‘‘representa19 tives’’ and inserting ‘‘include rep20 resentatives’’; 

21 (II) by striking clauses (ii) 

22 through (vi); 

23 (III) by redesignating subclauses 

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

25 (iii), respectively (and by moving the 


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1 margins of such clauses 2 ems to the 

2 left); 

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

4 redesignated) and inserting the fol5 lowing: 

6 ‘‘(ii) represent businesses, including 

7 large and small businesses, with immediate 

8 and long-term employment opportunities in 

9 in-demand industries and other occupations 

10 important to the local economy; and’’; and 

11 (V) by striking the semicolon at 

12 the end of clause (iii) (as so redesig13 nated) and inserting ‘‘; and’’; and 

14 (ii) by amending subparagraph (B) to 

15 read as follows: 

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

17 representatives of entities as the chief elected offi18 cial in the local area may determine to be appro19 priate, including— 

20 ‘‘(i) a superintendent of the local sec21 ondary school system, the president or chief 

22 executive officer of a postsecondary edu23 cational institution (including a commu24 nity college, where such an entity exists), or 


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1 an administrator of local entities providing 

2 adult education and literacy activities; 

3 ‘‘(ii) representatives of community4 based organizations (including organiza5 tions representing individuals with disabil6 ities and veterans, for a local area in which 

7 such organizations are present); or 

8 ‘‘(iii) representatives of veterans serv9 ice organizations.’’; 

10 (B) in paragraph (4)— 

11 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 12 ⁄3 majority’’; and 

13 (ii) by striking ‘‘(2)(A)(i)’’ and insert14 ing ‘‘(2)(A)’’; and 

15 (C) in paragraph (5) by striking 

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

17 (2) by striking subsection (c)(1)(C); 

18 (3) by amending subsection (d) to read as fol19 lows: 

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

21 the local board shall include the following: 

22 ‘‘(1) LOCAL PLAN.—Consistent with section 118, 

23 each local board, in partnership with the chief elected 

24 official for the local area involved, shall develop and 

25 submit a local plan to the Governor. 


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1 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

2 LABOR MARKET ANALYSIS.— 

3 ‘‘(A) IN GENERAL.—The local board shall— 

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

5 analysis of— 

6 ‘‘(I) the economic conditions in 

7 the local area; 

8 ‘‘(II) the immediate and long9 term skilled workforce needs of in-de10 mand industries and other occupations 

11 important to the local economy; 

12 ‘‘(III) the knowledge and skills of 

13 the workforce in the local area; and 

14 ‘‘(IV) workforce development ac15 tivities (including education and 

16 training) in the local area; and 

17 ‘‘(ii) assist the Governor in developing 

18 the statewide workforce and labor market 

19 information system described in section 

20 15(e) of the Wagner-Peyser Act. 

21 ‘‘(B) EXISTING ANALYSIS.—A local board 

22 shall use existing analysis by the local economic 

23 development entity or related entity in order to 

24 carry out requirements of subparagraph (A)(i). 


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1 ‘‘(3) EMPLOYER ENGAGEMENT.—The local Board 

2 shall meet the needs of employers and support eco3 nomic growth in the local area by enhancing commu4 nication, coordination, and collaboration among em5 ployers, economic development entities, and service 

6 providers. 

7 ‘‘(4) BUDGET AND ADMINISTRATION.— 

8 ‘‘(A) BUDGET.— 

9 ‘‘(i) IN GENERAL.—The local board 

10 shall develop a budget for the activities of 

11 the local board in the local area, consistent 

12 with the requirements of this subsection. 

13 ‘‘(ii) TRAINING RESERVATION.—In de14 veloping a budget under clause (i), the local 

15 board shall reserve a percentage of funds to 

16 carry out the activities specified in section 

17 134(c)(4). The local board shall use the 

18 analysis conducted under paragraph 

19 (2)(A)(i) to determine the appropriate per20 centage of funds to reserve under this clause. 

21 ‘‘(B) ADMINISTRATION.— 

22 ‘‘(i) GRANT RECIPIENT.— 

23 ‘‘(I) IN GENERAL.—The chief 

24 elected official in a local area shall 

25 serve as the local grant recipient for, 


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1 and shall be liable for any misuse of, 

2 the grant funds allocated to the local 

3 area under section 133, unless the chief 

4 elected official reaches an agreement 

5 with the Governor for the Governor to 

6 act as the local grant recipient and 

7 bear such liability. 

8 ‘‘(II) DESIGNATION.—In order to 

9 assist in administration of the grant 

10 funds, the chief elected official or the 

11 Governor, where the Governor serves as 

12 the local grant recipient for a local 

13 area, may designate an entity to serve 

14 as a local grant subrecipient for such 

15 funds or as a local fiscal agent. Such 

16 designation shall not relieve the chief 

17 elected official or the Governor of the 

18 liability for any misuse of grant funds 

19 as described in subclause (I). 

20 ‘‘(III) DISBURSAL.—The local 

21 grant recipient or an entity designated 

22 under subclause (II) shall disburse the 

23 grant funds for workforce investment 

24 activities at the direction of the local 

25 board, pursuant to the requirements of 


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1 this title. The local grant recipient or 

2 entity designated under subclause (II) 

3 shall disburse the funds immediately 

4 on receiving such direction from the 

5 local board. 

6 ‘‘(ii) STAFF.—The local board may 

7 employ staff to assist in carrying out the 

8 functions described in this subsection. 

9 ‘‘(iii) GRANTS AND DONATIONS.—The 

10 local board may solicit and accept grants 

11 and donations from sources other than Fed12 eral funds made available under this Act. 

13 ‘‘(5) SELECTION OF OPERATORS AND PRO14 VIDERS.— 

15 ‘‘(A) SELECTION OF ONE-STOP OPERA16 TORS.—Consistent with section 121(d), the local 

17 board, with the agreement of the chief elected of18 ficial— 

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

20 operators as described in section 

21 121(d)(2)(A); and 

22 ‘‘(ii) may terminate for cause the eligi23 bility of such operators. 

24 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN25 ING SERVICE PROVIDERS.—Consistent with this 


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1 subtitle, the local board shall identify eligible 

2 providers of training services described in section 

3 134(c)(4) in the local area, annually review the 

4 outcome of individual training providers using 

5 the criteria under section 122(b)(2), and des6 ignate providers in the local area who have dem7 onstrated the highest level of success with respect 

8 to such indicators as priority providers for the 

9 following program year. 

10 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO11 VIDERS OF WORK READY SERVICES.—If the one12 stop operator does not provide the services de13 scribed in section 134(c)(2) in the local area, the 

14 local board shall identify eligible providers of 

15 such services in the local area by awarding con16 tracts. 

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

18 partnership with the chief elected official, shall be re19 sponsible for— 

20 ‘‘(A) ensuring the appropriate use and 

21 management of the funds provided for local em22 ployment and training activities authorized 

23 under section 134(b); and 


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

2 delivery system in the local area authorized 

3 under section 121. 

4 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

5 MEASURES.—The local board, the chief elected official, 

6 and the Governor shall negotiate and reach agreement 

7 on local performance measures as described in section 

8 136(c). 

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

10 board shall develop strategies for technology improve11 ments to facilitate access to services authorized under 

12 this subtitle and carried out in the local area, includ13 ing in remote areas.’’; 

14 (4) in subsection (e)— 

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

16 after ‘‘regular basis through’’; and 

17 (B) by striking ‘‘and the award of grants or 

18 contracts to eligible providers of youth activi19 ties,’’; 

20 (5) in subsection (f)— 

21 (A) in paragraph (1)(A), by striking ‘‘sec22 tion 134(d)(4)’’ and inserting ‘‘section 

23 134(c)(4)’’; and 

24 (B) by striking paragraph (2) and inserting 

25 the following: 


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

2 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

3 board may provide work ready services described in 

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

5 described in section 121 or be designated or certified 

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

7 chief elected official and the Governor.’’; 

8 (6) in subsection (g)(1), by inserting ‘‘or partici9 pate in any action taken’’ after ‘‘vote’’; and 

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

11 SEC. 107. LOCAL PLAN. 

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

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

14 inserting ‘‘3-year’’; 

15 (2) by amending subsection (b) to read as fol16 lows: 

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

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

19 area’s economic and workforce conditions conducted 

20 under section 117(d)(2)(A)(i), and an assurance that 

21 the local board will use such analysis to carry out the 

22 activities under this subtitle; 

23 ‘‘(2) a description of the one-stop delivery system 

24 in the local area, including— 


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

2 will ensure— 

3 ‘‘(i) the continuous improvement of eli4 gible providers of services through the sys5 tem; and 

6 ‘‘(ii) that such providers meet the em7 ployment needs of local businesses and par8 ticipants; and 

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

10 will facilitate access to services provided through 

11 the one-stop delivery system consistent with sec12 tion 117(d)(8); 

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

14 that will be used in the local area— 

15 ‘‘(A) to more fully engage employers, in16 cluding small businesses and employers in in-de17 mand industries and occupations important to 

18 the local economy; 

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

20 local area; 

21 ‘‘(C) to better coordinate workforce develop22 ment programs with economic development ac23 tivities; and 

24 ‘‘(D) to better coordinate workforce develop25 ment programs with employment, training, and 


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1 literacy services carried out by nonprofit organi2 zations, including public libraries, as appro3 priate; 

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

5 convene (or help to convene) industry or sector part6 nerships that lead to collaborative planning, resource 

7 alignment, and training efforts across multiple firms 

8 for a range of workers employed or potentially em9 ployed by a targeted industry cluster— 

10 ‘‘(A) to encourage industry growth and 

11 competitiveness and to improve worker training, 

12 retention, and advancement in targeted industry 

13 clusters; 

14 ‘‘(B) to address the immediate and long15 term skilled workforce needs of in-demand indus16 tries, small businesses, and other occupations im17 portant to the local economy; and 

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

19 and across industries; 

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

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

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

23 ‘‘(6) a description of how the local board will co24 ordinate workforce investment activities carried out 


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1 in the local area with statewide activities, as appro2 priate; 

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

4 ‘‘(A) coordinate activities with the local 

5 area’s disability community and with services 

6 provided under section 614(d)(1)(A)(i)(VIII) of 

7 the Individuals with Disabilities Education Act 

8 (20 U.S.C. 1414(d)(1)(A)(i)(VIII)) by local edu9 cational agencies serving such local area to make 

10 available comprehensive, high-quality services to 

11 individuals with disabilities; 

12 ‘‘(B) consistent with section 188 and Execu13 tive Order 13217 (42 U.S.C. 12131 note), serve 

14 the employment and training needs of individ15 uals with disabilities; and 

16 ‘‘(C) consistent with sections 504 and 508 of 

17 the Rehabilitation Act of 1973, include the provi18 sion of outreach, intake, assessments, and service 

19 delivery, the development of performance meas20 ures, the training of staff, and other aspects of 

21 accessibility to programs and services under this 

22 subtitle; 

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

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


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

2 local area; and 

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

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

6 delivery system, in the local area; 

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

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

9 opportunity for public comment prior to submission 

10 of the plan; 

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

12 serve the employment and training needs of dislocated 

13 workers (including displaced homemakers), low-in14 come individuals (including recipients of public as15 sistance such as the Supplemental Nutrition Assist16 ance Program), long-term unemployed individuals 

17 (including individuals who have exhausted entitle18 ment to State and Federal unemployment compensa19 tion), English learners, homeless individuals, individ20 uals training for nontraditional employment, youth 

21 (including out-of-school youth and at-risk youth), 

22 older workers, ex-offenders, migrant and seasonal 

23 farmworkers, refugee and entrants, veterans (includ24 ing disabled veterans and homeless veterans), and Na25 tive Americans; 


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

2 for the disbursal of grant funds described in subclause 

3 (III) of section 117(d)(4)(B)(i), as determined by the 

4 chief elected official or the Governor under such sec5 tion; 

6 ‘‘(12) a description of the strategies and services 

7 that will be used in the local area to assist at-risk 

8 youth and out-of-school youth in acquiring the edu9 cation and skills, credentials (including recognized 

10 postsecondary credentials and industry-recognized 

11 credentials), and employment experience to succeed in 

12 the labor market, including— 

13 ‘‘(A) training and internships in in-de14 mand industries or occupations important to the 

15 local economy; 

16 ‘‘(B) dropout recovery activities that are de17 signed to lead to the attainment of a regular sec18 ondary school diploma or its recognized equiva19 lent, or other State recognized equivalent (in20 cluding recognized alternative standards for in21 dividuals with disabilities); and 

22 ‘‘(C) activities combining remediation of 

23 academic skills, work readiness training, and 

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1 secondary education and training and career2 ladder employment; 

3 ‘‘(13) a description of— 

4 ‘‘(A) how the local area will furnish em5 ployment, training, supportive, and placement 

6 services to veterans, including disabled and 

7 homeless veterans; 

8 ‘‘(B) the strategies and services that will be 

9 used in the local area to assist and expedite re10 integration of homeless veterans into the labor 

11 force; and 

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

13 the local area; 

14 ‘‘(14) a description of— 

15 ‘‘(A) the duties assigned to the veteran em16 ployment specialist consistent with the require17 ments of section 134(f); 

18 ‘‘(B) the manner in which the veteran em19 ployment specialist is integrated into the One20 Stop Career System described in section 121; 

21 ‘‘(C) the date on which the veteran employ22 ment specialist was assigned; and 

23 ‘‘(D) whether the veteran employment spe24 cialist has satisfactorily competed such training 


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1 by the National Veterans’ Employment and 

2 Training Services Institute; and 

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

4 may require.’’; 

5 (3) in subsection (c)(1), by striking ‘‘such 

6 means’’ and inserting ‘‘electronic means such’’; and 

7 (4) in subsection (c)(2), by striking ‘‘, including 

8 representatives of business and representatives of 

9 labor organizations,’’. 

10 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS11 TEM. 

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

13 (1) in subsection (b)— 

14 (A) by striking subparagraph (A) of para15 graph (1) and inserting the following: 

16 ‘‘(A) ROLES AND RESPONSIBILITIES OF

17 ONE-STOP PARTNERS.—Each entity that carries 

18 out a program or activities described in subpara19 graph (B) shall— 

20 ‘‘(i) provide access through the one-stop 

21 delivery system to the program and activi22 ties carried out by the entity, including 

23 making the work ready services described in 

24 section 134(c)(2) that are applicable to the 

25 program of the entity available at one-stop 


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1 centers (in addition to any other appro2 priate locations); 

3 ‘‘(ii) use a portion of the funds avail4 able to the program of the entity to main5 tain the one-stop delivery system, including 

6 payment of the infrastructure costs of one7 stop centers in accordance with subsection 

8 (h); 

9 ‘‘(iii) enter into a local memorandum 

10 of understanding with the local board relat11 ing to the operation of the one-stop delivery 

12 system that meets the requirements of sub13 section (c); and 

14 ‘‘(iv) participate in the operation of 

15 the one-stop delivery system consistent with 

16 the terms of the memorandum of under17 standing, the requirements of this title, and 

18 the requirements of the Federal laws author19 izing the programs carried out by the enti20 ty.’’; 

21 (B) in paragraph (1)(B)— 

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

23 (vi); 

24 (ii) by redesignating clauses (iii) and 

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


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1 (iii) by redesignating clauses (vii) 

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

3 respectively; 

4 (iv) in clause (viii), as so redesignated, 

5 by striking ‘‘and’’ at the end; 

6 (v) in clause (ix), as so redesignated, 

7 by striking the period and inserting ‘‘; 

8 and’’; and 

9 (vi) by adding at the end the following: 

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

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

13 seq.).’’; 

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

15 following: 

16 ‘‘(C) DETERMINATION BY THE GOVERNOR.— 

17 Each entity carrying out a program described in 

18 subparagraph (B)(x) shall carry out the required 

19 partner activities described in subparagraph (A) 

20 unless the Governor of the State in which the 

21 local area is located provides the Secretary and 

22 Secretary of Health and Human Services writ23 ten notice of a determination by the Governor 

24 that such entities shall not carry out such re25 quired partner activities.’’; and 


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1 (D) in paragraph (2)— 

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

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

4 134(c)(2)’’; and 

5 (ii) in subparagraph (B)— 

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

7 and (v); 

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

9 ‘‘and’’ at the end; 

10 (III) by redesignating clauses (iii) 

11 and (iv) as clauses (i) and (ii), respec12 tively; and 

13 (IV) by adding at the end the fol14 lowing: 

15 ‘‘(iii) employment and training pro16 grams administered by the Commissioner of 

17 the Social Security Administration; 

18 ‘‘(iv) employment and training pro19 grams carried out by the Administrator of 

20 the Small Business Administration; 

21 ‘‘(v) employment, training, and lit22 eracy services carried out by public librar23 ies; and 


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

2 or local programs, including programs in 

3 the private sector.’’; 

4 (2) in subsection (c)(2), by amending subpara5 graph (A) to read as follows: 

6 ‘‘(A) provisions describing— 

7 ‘‘(i) the services to be provided through 

8 the one-stop delivery system consistent with 

9 the requirements of this section, including 

10 the manner in which the services will be co11 ordinated through such system; 

12 ‘‘(ii) how the costs of such services and 

13 the operating costs of such system will be 

14 funded, through cash and in-kind contribu15 tions, to provide a stable and equitable 

16 funding stream for ongoing one-stop system 

17 operations, including the funding of the in18 frastructure costs of one-stop centers in ac19 cordance with subsection (h); 

20 ‘‘(iii) methods of referral of individuals 

21 between the one-stop operator and the one22 stop partners for appropriate services and 

23 activities, including referrals for nontradi24 tional employment; and 


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1 ‘‘(iv) the duration of the memorandum 

2 of understanding and the procedures for 

3 amending the memorandum during the 

4 term of the memorandum, and assurances 

5 that such memorandum shall be reviewed 

6 not less than once every 3-year period to en7 sure appropriate funding and delivery of 

8 services; and’’; 

9 (3) in subsection (d)— 

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

11 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

12 and inserting ‘‘LOCAL DESIGNATION AND CER13 TIFICATION’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘section 134(c)’’ and in16 serting ‘‘subsection (e)’’; 

17 (ii) by amending subparagraph (A) to 

18 read as follows: 

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

20 one-stop operator through a competitive process; 

21 and’’; and 

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

23 clause (ii) and redesignating clauses (iii) 

24 through (vi) as clauses (ii) through (v), re25 spectively; and 


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1 (C) in paragraph (3), by striking ‘‘voca2 tional’’ and inserting ‘‘career and technical’’; 

3 (4) by amending subsection (e) to read as fol4 lows: 

5 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS6 TEM.— 

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

8 a State that receives an allotment under section 

9 132(b) a one-stop delivery system, which shall— 

10 ‘‘(A) provide the work ready services de11 scribed in section 134(c)(2); 

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

13 described in section 134(c)(4), including serving 

14 as the point of access to career enhancement ac15 counts for training services to participants in 

16 accordance with paragraph (4)(F) of such sec17 tion; 

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

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

20 ‘‘(D) provide access to programs and activi21 ties carried out by one-stop partners that are de22 scribed in subsection (b) of this section; and 

23 ‘‘(E) provide access to the information de24 scribed in section 15(e) of the Wagner-Peyser Act 

25 (29 U.S.C. 49l–2(e)). 


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

2 one-stop delivery system— 

3 ‘‘(A) shall make each of the programs, serv4 ices, and activities described in paragraph (1) 

5 accessible at not less than one physical center in 

6 each local area of the State; and 

7 ‘‘(B) may also make programs, services, and 

8 activities described in paragraph (1) available— 

9 ‘‘(i) through a network of affiliated 

10 sites that can provide one or more of the 

11 programs, services, and activities to indi12 viduals; and 

13 ‘‘(ii) through a network of eligible one14 stop partners— 

15 ‘‘(I) in which each partner pro16 vides one or more of the programs, 

17 services, and activities to such individ18 uals and is accessible at an affiliated 

19 site that consists of a physical location 

20 or an electronically- or technologically21 linked access point; and 

22 ‘‘(II) that assures individuals that 

23 information on the availability of the 

24 work ready services will be available 

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1 tially enter the statewide workforce in2 vestment system, including informa3 tion made available through an access 

4 point described in subclause (I). 

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

6 sites described in paragraph (2) may have a speciali7 zation in addressing special needs.’’; and 

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

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

10 ‘‘(1) IN GENERAL.— 

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

12 establish objective procedures and criteria for 

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

14 centers for the purpose of awarding the one-stop 

15 infrastructure funding described in subsection 

16 (h). 

17 ‘‘(B) CRITERIA.—The criteria for certifi18 cation under this subsection shall include— 

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

20 performance for each of the core indicators 

21 of performance as outlined in the State plan 

22 under section 112; 

23 ‘‘(ii) meeting minimum standards re24 lating to the scope and degree of service in25 tegration achieved by the centers involving 


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1 the programs provided by the one-stop part2 ners; and 

3 ‘‘(iii) meeting minimum standards re4 lating to how the centers ensure that eligible 

5 providers meet the employment needs of 

6 local employers and participants. 

7 ‘‘(C) EFFECT OF CERTIFICATION.—One-stop 

8 centers certified under this subsection shall be el9 igible to receive the infrastructure grants author10 ized under subsection (h). 

11 ‘‘(2) LOCAL BOARDS.—Consistent with the cri12 teria developed by the State, the local board may de13 velop additional criteria of higher standards to re14 spond to local labor market and demographic condi15 tions and trends. 

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

17 ‘‘(1) PARTNER CONTRIBUTIONS.— 

18 ‘‘(A) PROVISION OF FUNDS.—Notwith19 standing any other provision of law, as deter20 mined under subparagraph (B), a portion of the 

21 Federal funds provided to the State and areas 

22 within the State under the Federal laws author23 izing the one-stop partner programs described in 

24 subsection (b)(1)(B) and participating addi25 tional partner programs described in (b)(2)(B) 


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1 for a fiscal year shall be provided to the Gov2 ernor by such programs to carry out this sub3 section. 

4 ‘‘(B) DETERMINATION OF GOVERNOR.— 

5 ‘‘(i) IN GENERAL.—Subject to subpara6 graph (C), the Governor, in consultation 

7 with the State board, shall determine the 

8 portion of funds to be provided under sub9 paragraph (A) by each one-stop partner 

10 and in making such determination shall 

11 consider the proportionate use of the one12 stop centers by each partner, the costs of ad13 ministration for purposes not related to 

14 one-stop centers for each partner, and other 

15 relevant factors described in paragraph (3). 

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

17 where the State constitution places policy18 making authority that is independent of the 

19 authority of the Governor in an entity or 

20 official with respect to the funds provided 

21 for adult education and literacy activities 

22 authorized under title II of this Act and for 

23 postsecondary career education activities 

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1 termination described in clause (i) with re2 spect to such programs shall be made by the 

3 Governor with the appropriate entity or of4 ficial with such independent policy-making 

5 authority. 

6 ‘‘(iii) APPEAL BY ONE-STOP PART7 NERS.—The Governor shall establish a pro8 cedure for the one-stop partner admin9 istering a program described in subsection 

10 (b) to appeal a determination regarding the 

11 portion of funds to be contributed under 

12 this paragraph on the basis that such deter13 mination is inconsistent with the criteria 

14 described in the State plan or with the re15 quirements of this paragraph. Such proce16 dure shall ensure prompt resolution of the 

17 appeal. 

18 ‘‘(C) LIMITATIONS.— 

19 ‘‘(i) PROVISION FROM ADMINISTRATIVE

20 FUNDS.—The funds provided under this 

21 paragraph by each one-stop partner shall be 

22 provided only from funds available for the 

23 costs of administration under the program 

24 administered by such partner, and shall be 

25 subject to the limitations with respect to the 


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1 portion of funds under such programs that 

2 may be used for administration. 

3 ‘‘(ii) FEDERAL DIRECT SPENDING PRO4 GRAMS.—Programs that are Federal direct 

5 spending under section 250(c)(8) of the Bal6 anced Budget and Emergency Deficit Con7 trol Act of 1985 (2 U.S.C. 900(c)(8)) shall 

8 not, for purposes of this paragraph, be re9 quired to provide an amount in excess of 

10 the amount determined to be equivalent to 

11 the proportionate use of the one-stop centers 

12 by such programs in the State. 

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

14 funds provided under paragraph (1), the Governor 

15 shall allocate funds to local areas in accordance with 

16 the formula established under paragraph (3) for the 

17 purposes of assisting in paying the costs of the infra18 structure of one-stop centers certified under subsection 

19 (g). 

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

21 shall develop a formula to be used by the Governor to 

22 allocate the funds described in paragraph (1). The 

23 formula shall include such factors as the State board 

24 determines are appropriate, which may include fac25 tors such as the number of centers in the local area 


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1 that have been certified, the population served by such 

2 centers, and the performance of such centers. 

3 ‘‘(4) COSTS OF INFRASTRUCTURE.—For purposes 

4 of this subsection, the term ‘costs of infrastructure’ 

5 means the nonpersonnel costs that are necessary for 

6 the general operation of a one-stop center, including 

7 the rental costs of the facilities, the costs of utilities 

8 and maintenance, and equipment (including assistive 

9 technology for individuals with disabilities). 

10 ‘‘(i) OTHER FUNDS.— 

11 ‘‘(1) IN GENERAL.—In addition to the funds pro12 vided to carry out subsection (h), a portion of funds 

13 made available under Federal law authorizing the 

14 one-stop partner programs described in subsection 

15 (b)(1)(B) and participating additional partner pro16 grams described in subsection (b)(2)(B), or the 

17 noncash resources available under such programs 

18 shall be used to pay the costs relating to the operation 

19 of the one-stop delivery system that are not paid for 

20 from the funds provided under subsection (h), to the 

21 extent not inconsistent with the Federal law involved 

22 including— 

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

24 of the funds provided under subsection (h); 


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

2 the costs of infrastructure; and 

3 ‘‘(C) the costs of the provision of work ready 

4 services applicable to each program. 

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

6 method for determining the appropriate portion of 

7 funds and noncash resources to be provided by each 

8 program under paragraph (1) shall be determined as 

9 part of the memorandum of understanding under sub10 section (c). The State board shall provide guidance to 

11 facilitate the determination of appropriate allocation 

12 of the funds and noncash resources in local areas.’’. 

13 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

14 TRAINING SERVICES. 

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

16 follows: 

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

18 TRAINING SERVICES. 

19 ‘‘(a) ELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—The Governor, after con21 sultation with the State board, shall establish criteria 

22 and procedures regarding the eligibility of providers 

23 of training services described in section 134(c)(4) to 

24 receive funds provided under section 133(b) for the 

25 provision of such training services. 


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

2 this section, to be eligible to receive the funds provided 

3 under section 133(b) for the provision of training 

4 services, the provider shall be— 

5 ‘‘(A) a postsecondary educational institu6 tion that— 

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

8 under title IV of the Higher Education Act 

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

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

11 a recognized postsecondary credential; 

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

13 under the Act of August 16, 1937 (commonly 

14 known as the ‘National Apprenticeship Act’; 50 

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

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

17 a program of training services. 

18 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO19 VIDERS.—A provider described in subparagraph (A) 

20 or (C) of paragraph (2) shall comply with the criteria 

21 and procedures established under this section to be in22 cluded on the list of eligible providers of training 

23 services described in subsection (d). A provider de24 scribed in paragraph (2)(B) shall be included on the 

25 list of eligible providers of training services described 


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1 in subsection (d) for so long as the provider remains 

2 certified by the Secretary of Labor to carry out the 

3 programs described in paragraph (2)(B). 

4 ‘‘(b) CRITERIA.— 

5 ‘‘(1) IN GENERAL.—The criteria established pur6 suant to subsection (a) shall take into account— 

7 ‘‘(A) the performance of providers of train8 ing services with respect to the performance 

9 measures described in section 136 and other mat10 ters for which information is required under 

11 paragraph (2) and other appropriate measures 

12 of performance outcomes for those participants 

13 receiving training services under this subtitle; 

14 ‘‘(B) whether the training programs of such 

15 providers relate to occupations that are in de16 mand; 

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

18 services throughout the State, including in rural 

19 areas; 

20 ‘‘(D) the ability of providers to offer pro21 grams that lead to a recognized postsecondary 

22 credential; 

23 ‘‘(E) the information such providers are re24 quired to report to State agencies with respect to 

25 other Federal and State programs (other than 


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1 the program carried out under this subtitle), in2 cluding one-stop partner programs; and 

3 ‘‘(F) such other factors as the Governor de4 termines are appropriate. 

5 ‘‘(2) INFORMATION.—The criteria established by 

6 the Governor shall require that a provider of training 

7 services submit appropriate, accurate, and timely in8 formation to the State for purposes of carrying out 

9 subsection (d), with respect to participants receiving 

10 training services under this subtitle in the applicable 

11 program, including— 

12 ‘‘(A) information on recognized postsec13 ondary credentials received by such participants; 

14 ‘‘(B) information on costs of attendance for 

15 such participants; 

16 ‘‘(C) information on the program comple17 tion rate for such participants; and 

18 ‘‘(D) information on the performance of the 

19 provider with respect to the performance meas20 ures described in section 136 for such partici21 pants. 

22 ‘‘(3) RENEWAL.—The criteria established by the 

23 Governor shall also provide for a review every 3 years 

24 and renewal of eligibility under this section for pro25 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) to 

8 provide the services in the local area involved. 

9 ‘‘(5) LIMITATION.—In carrying out the require10 ments of this subsection, no personally identifiable in11 formation regarding a student, including Social Secu12 rity number, student identification number, or other 

13 identifier, may be disclosed without the prior written 

14 consent of the parent or eligible student in compliance 

15 with section 444 of the General Education Provisions 

16 Act (20 U.S.C. 1232g). 

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

18 subsection (a) shall— 

19 ‘‘(1) identify— 

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

21 of training services to become eligible to receive 

22 funds under section 133(b) for the provision of 

23 training services; and 

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

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1 tions and in making determinations of eligibility 

2 based on the criteria established under this sec3 tion; and 

4 ‘‘(2) establish a process for a provider of train5 ing services to appeal a denial or termination of eli6 gibility under this section that includes an oppor7 tunity for a hearing and prescribes appropriate time 

8 limits to ensure prompt resolution of the appeal. 

9 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

10 CHOOSING PROVIDERS.—In order to facilitate and assist 

11 participants under chapter 5 in choosing providers of train12 ing services, the Governor shall ensure that an appropriate 

13 list or lists of providers determined eligible under this sec14 tion in the State, including information provided under 

15 subsection (b)(2) with respect to such providers, is provided 

16 to the local boards in the State and is made available to 

17 such participants and to members of the public through the 

18 one-stop delivery system in the State. 

19 ‘‘(e) ENFORCEMENT.— 

20 ‘‘(1) IN GENERAL.—The criteria and procedures 

21 established under this section shall provide the fol22 lowing: 

23 ‘‘(A) INTENTIONALLY SUPPLYING INAC24 CURATE INFORMATION.—Upon a determination, 

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1 teria or procedures, that a provider of training 

2 services, or individual providing information on 

3 behalf of the provider, intentionally supplied in4 accurate information under this section, the eli5 gibility of such provider to receive funds under 

6 chapter 5 shall be terminated for a period of 

7 time that is not less than 2 years. 

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

9 determination, by an individual or entity speci10 fied in the criteria or procedures, that a provider 

11 of training services substantially violated any re12 quirement under this title, the eligibility of such 

13 provider to receive funds under the program in14 volved shall be terminated for a period of time 

15 that is not less than 10 years. 

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

17 services whose eligibility is terminated under 

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

19 repayment of funds received under chapter 5 

20 during a period of noncompliance described in 

21 such subparagraph. 

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

23 construed to provide remedies and penalties that sup24 plement, but do not supplant, other civil and crimi25 nal remedies and penalties. 


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

2 may enter into agreements, on a reciprocal basis, to permit 

3 eligible providers of training services to accept career en4 hancement accounts provided in another State. 

5 ‘‘(g) RECOMMENDATIONS.—In developing the criteria, 

6 procedures, and information required under this section, the 

7 Governor shall solicit and take into consideration the rec8 ommendations of local boards and providers of training 

9 services within the State. 

10 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—During 

11 the development of the criteria, procedures, requirements for 

12 information, and the list of eligible providers required 

13 under this section, the Governor shall provide an oppor14 tunity for interested members of the public to submit com15 ments regarding such criteria, procedures, and information. 

16 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN17 ING EXCEPTION.— 

18 ‘‘(1) IN GENERAL.—Providers of on-the-job train19 ing or customized training shall not be subject to the 

20 requirements of subsections (a) through (d). 

21 ‘‘(2) COLLECTION AND DISSEMINATION OF INFOR22 MATION.—A one-stop operator in a local area shall 

23 collect such performance information from on-the-job 

24 training and customized training providers as the 

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1 viders meet such performance criteria as the Governor 

2 may require, and disseminate information identifying 

3 providers that meet the criteria as eligible providers, 

4 and the performance information, through the one5 stop delivery system. Providers determined to meet the 

6 criteria shall be considered to be identified as eligible 

7 providers of training services.’’. 

8 SEC. 110. GENERAL AUTHORIZATION. 

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

10 (1) by striking the heading for chapter 5 and in11 serting the following: ‘‘EMPLOYMENT AND 

12 TRAINING ACTIVITIES’’; and 

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

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

15 (2)(B) of’’; and 

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

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

18 SEC. 111. STATE ALLOTMENTS. 

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

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

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

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

24 appropriated under section 137 for a fiscal year, of 

25 which— 


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

2 technical assistance under section 170; and 

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

5 ‘‘(2) reserve not more than 1 percent of the total 

6 amount appropriated under section 137 for a fiscal 

7 year to make grants to, and enter into contracts or 

8 cooperative agreements with Indian tribes, tribal or9 ganizations, Alaska-Native entities, Indian-controlled 

10 organizations serving Indians, or Native Hawaiian 

11 organizations to carry out employment and training 

12 activities; 

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

14 amount appropriated under section 137 for a fiscal 

15 year to carry out the Jobs Corps program under sub16 title C; 

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

18 total amount appropriated under section 137 for a 

19 fiscal year to— 

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

21 provide employment and training assistance to 

22 workers affected by major economic dislocations, 

23 such as plant closures, mass layoffs, or closures 

24 and realignments of military installations; and 


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1 ‘‘(B) provide assistance to Governors of 

2 States with an area that has suffered an emer3 gency or a major disaster (as such terms are de4 fined in paragraphs (1) and (2), respectively, of 

5 section 102 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5122)) to provide disaster relief employment in 

8 the area. 

9 ‘‘(5) from the remaining amount appropriated 

10 under section 137 for a fiscal year (after reserving 

11 funds under paragraphs (1) through (4)), make allot12 ments in accordance with subsection (b) of this sec13 tion.’’; and 

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

16 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

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

18 ‘‘(A) IN GENERAL.—From the amount made 

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

20 year, the Secretary shall reserve not more than 

1 21 ⁄4 of 1 percent to provide assistance to the out22 lying areas. 

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

24 shall cease to be eligible to receive funding under 

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1 ment for extension of United States educational 

2 assistance under the Compact of Free Association 

3 (approved by the Compact of Free Association 

4 Amendments Act of 2003 (Public Law 99–658)) 

5 after the date of enactment of the SKILLS Act. 

6 ‘‘(2) STATES.— 

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

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

9 Secretary shall allot the remainder of the 

10 amount referred to in subsection (a)(5) for a fis11 cal year to the States pursuant to subparagraph 

12 (B) for employment and training activities and 

13 statewide workforce investment activities. 

14 ‘‘(B) FORMULA.—Subject to subparagraphs 

15 (C) and (D), of the remainder— 

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

17 basis of the relative number of unemployed 

18 individuals in areas of substantial unem19 ployment in each State, compared to the 

20 total number of unemployed individuals in 

21 areas of substantial unemployment in all 

22 States; 

23 ‘‘(ii) 25 percent shall be allotted on the 

24 basis of the relative number of individuals 

25 in the civilian labor force in each State, 


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1 compared to the total number of such indi2 viduals in all States; 

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

4 the basis of the relative number of individ5 uals in each State who have been unem6 ployed for 15 weeks or more, compared to 

7 the total number of individuals in all States 

8 who have been unemployed for 15 weeks or 

9 more; and 

10 ‘‘(iv) 25 percent shall be allotted on the 

11 basis of the relative number of disadvan12 taged youth in each State, compared to the 

13 total number of disadvantaged youth in all 

14 States. 

15 ‘‘(C) MINIMUM AND MAXIMUM PERCENT16 AGES.— 

17 ‘‘(i) MINIMUM PERCENTAGE.—The Sec18 retary shall ensure that no State shall re19 ceive an allotment under this paragraph 

20 for— 

21 ‘‘(I) each of fiscal years 2014 

22 through 2016, that is less than 100 

23 percent of the allotment percentage of 

24 the State for fiscal year 2012; and 


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1 ‘‘(II) fiscal year 2017 and each 

2 succeeding fiscal year, that is less than 

3 90 percent of the allotment percentage 

4 of the State for the preceding fiscal 

5 year. 

6 ‘‘(ii) MAXIMUM PERCENTAGE.—Subject 

7 to clause (i), the Secretary shall ensure that 

8 no State shall receive an allotment under 

9 this paragraph for— 

10 ‘‘(I) each of fiscal years 2014 

11 through 2016, that is more than 130 

12 percent of the allotment percentage of 

13 the State for fiscal year 2012; and 

14 ‘‘(II) fiscal year 2017 and each 

15 succeeding fiscal year, that is more 

16 than 130 percent of the allotment per17 centage of the State for the preceding 

18 fiscal year. 

19 ‘‘(D) SMALL STATE MINIMUM ALLOT20 MENT.—Subject to subparagraph (C), the Sec21 retary shall ensure that no State shall receive an 

22 allotment under this paragraph for a fiscal year 

that is less than 1 23 ⁄5 of 1 percent of the remainder 

24 described in subparagraph (A) for the fiscal 

25 year. 


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

2 formula specified in this paragraph: 

3 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

4 term ‘allotment percentage’— 

5 ‘‘(I) used with respect to fiscal 

6 year 2012, means the percentage of the 

7 amounts allotted to States under title I 

8 of this Act, title V of the Older Ameri9 cans Act of 1965 (42 U.S.C. 3056 et 

10 seq.), the Women in Apprenticeship 

11 and Nontraditional Occupations Act 

12 (29 U.S.C. 2501 et seq.), sections 

13 4103A and 4104 of title 38, United 

14 States Code, and sections 1 through 14 

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

16 49 et seq.), as such provisions were in 

17 effect for fiscal year 2012, that is re18 ceived under such provisions by the 

19 State involved for fiscal year 2012; 

20 and 

21 ‘‘(II) used with respect to fiscal 

22 year 2016 or a succeeding fiscal year, 

23 means the percentage of the amounts 

24 allotted to States under this paragraph 

25 for the fiscal year that is received 


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1 under this paragraph by the State in2 volved for the fiscal year. 

3 ‘‘(ii) DISADVANTAGED YOUTH.—The 

4 term ‘disadvantaged youth’ means an indi5 vidual who is not less than age 16 and not 

6 more than age 24 who receives an income, 

7 or is a member of a family that received a 

8 total family income, that in relation to 

9 family size, does not exceed the higher of— 

10 ‘‘(I) the poverty line; or 

11 ‘‘(II) 70 percent of the lower liv12 ing standard income level. 

13 ‘‘(iii) INDIVIDUAL.—The term ‘indi14 vidual’ means an individual who is age 16 

15 or older.’’. 

16 SEC. 112. WITHIN STATE ALLOCATIONS. 

17 Section 133 is amended— 

18 (1) by amending subsection (a) to read as fol19 lows: 

20 ‘‘(a) RESERVATIONS FOR STATEWIDE WORKFORCE IN21 VESTMENT ACTIVITIES.— 

22 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

23 ACTIVITIES.—The Governor of a State shall reserve up 

24 to 15 percent of the total amount allotted to the State 


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1 under section 132(b)(2) for a fiscal year to carry out 

2 the statewide activities described in section 134(a). 

3 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

4 Of the amount reserved under paragraph (1) for a fis5 cal year, the Governor of the State shall reserve not 

6 more than 25 percent for statewide rapid response ac7 tivities described in section 134(a)(4). 

8 ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS WITH

9 BARRIERS TO EMPLOYMENT.—Of the amount reserved 

10 under paragraph (1) for a fiscal year, the Governor 

11 of a State shall reserve 15 percent to carry out state12 wide activities described in section 134(a)(5). 

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

14 more than 5 percent of the funds reserved under para15 graph (1) may be used by the Governor of a State for 

16 administrative costs of carrying out the statewide ac17 tivities described in section 134(a).’’; 

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

20 ‘‘(b) WITHIN STATE ALLOCATION.— 

21 ‘‘(1) METHODS.—The Governor, acting in ac22 cordance with the State plan, and after consulting 

23 with chief elected officials in the local areas, shall— 

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

25 the State for employment and training activities 


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1 and not reserved under subsection (a), in accord2 ance with paragraph (2)(A); and 

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

4 the State under subsection (a)(3) through com5 petitive grants to eligible entities, in accordance 

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

7 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK8 FORCE INVESTMENT FUND.— 

9 ‘‘(A) ALLOCATION.—In allocating the funds 

10 described in paragraph (1)(A) to local areas, a 

11 State shall allocate— 

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

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

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

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

16 ‘‘(iii) 25 percent on the basis described 

17 in section 132(b)(2)(B)(iii); and 

18 ‘‘(iv) 25 percent on the basis described 

19 in section 132(b)(2)(B)(iv). 

20 ‘‘(B) MINIMUM AND MAXIMUM PERCENT21 AGES.— 

22 ‘‘(i) MINIMUM PERCENTAGE.—The 

23 State shall ensure that no local area shall 

24 receive an allocation under this paragraph 

25 for— 


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1 ‘‘(I) each of fiscal years 2014 

2 through 2016, that is less than 100 

3 percent of the allocation percentage of 

4 the local area for fiscal year 2012; and 

5 ‘‘(II) fiscal year 2017 and each 

6 succeeding fiscal year, that is less than 

7 90 percent of the allocation percentage 

8 of the local area for the preceding fiscal 

9 year. 

10 ‘‘(ii) MAXIMUM PERCENTAGE.—Subject 

11 to clause (i), the State shall ensure that no 

12 local area shall receive an allocation for a 

13 fiscal year under this paragraph for— 

14 ‘‘(I) each of fiscal years 2014 

15 through 2016, that is more than 130 

16 percent of the allocation percentage of 

17 the local area for fiscal year 2012; and 

18 ‘‘(II) fiscal year 2017 and each 

19 succeeding fiscal year, that is more 

20 than 130 percentage of the allocation 

21 percentage of the local area for the pre22 ceding fiscal year. 

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

24 formula specified in this paragraph, the term 

25 ‘allocation percentage’— 


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

2 2012, means the percentage of the amounts 

3 allocated to local areas under title I of this 

4 Act, title V of the Older Americans Act of 

5 1965 (42 U.S.C. 3056 et seq.), the Women 

6 in Apprenticeship and Nontraditional Oc7 cupations Act (29 U.S.C. 2501 et seq.), sec8 tions 4103A and 4104 of title 38, United 

9 States Code, and sections 1 through 14 of 

10 the Wagner-Peyser Act (29 U.S.C. 49 et 

11 seq.), as such provisions were in effect for 

12 fiscal year 2012, that is received under such 

13 provisions by the local area involved for fis14 cal year 2012; and 

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

16 2016 or a succeeding fiscal year, means the 

17 percentage of the amounts allocated to local 

18 areas for the fiscal year under this para19 graph that is received under this paragraph 

20 by the local area involved for the fiscal 

21 year.’’; 

22 (3) in subsection (c)— 

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

24 follows: 


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1 ‘‘(1) IN GENERAL.—The Governor, may in ac2 cordance with this subsection, reallocate to eligible 

3 local areas within the State amounts that are allo4 cated under subsection (b) for employment and train5 ing activities and that are available for realloca6 tion.’’; 

7 (B) in paragraph (2), by striking ‘‘para8 graph (2)(A) or (3) of subsection (b) for such ac9 tivities’’ and inserting ‘‘subsection (b) for such 

10 activities’’; 

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

12 follows: 

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

14 to eligible local areas of amounts available pursuant 

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

16 shall allocate to each eligible local area within the 

17 State an amount based on the relative amount allo18 cated to such local area under subsection (b)(2) for 

19 such activities for such prior program year, as com20 pared to the total amount allocated to all eligible 

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

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

23 (D) in paragraph (4), by striking ‘‘para24 graph (2)(A) or (3) of’’; and 


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1 (4) by adding at the end the following new sub2 section: 

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

4 amounts allocated to a local area under this section for a 

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

6 be used by the local board involved for the administrative 

7 costs of carrying out local workforce investment activities 

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

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

10 ACTIVITIES. 

11 Section 134 is amended— 

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVI15 TIES.— 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI18 TIES.—Funds reserved by a Governor for a State 

19 as described in section 133(a)(1)— 

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

21 statewide employment and training activi22 ties described in paragraph (2); and 

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

24 the statewide employment and training ac25 tivities described in paragraph (3). 


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1 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI2 TIES.—Funds reserved by a Governor for a State 

3 as described in section 133(a)(2) shall be used to 

4 carry out the statewide rapid response activities 

5 described in paragraph (4). 

6 ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS

7 WITH BARRIERS TO EMPLOYMENT.—Funds re8 served by a Governor for a State as described in 

9 section 133(a)(3) shall be used to carry out the 

10 Statewide Grants for Individuals with Barriers 

11 to Employment competition described in para12 graph (5). 

13 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

14 TRAINING ACTIVITIES.—A State shall use funds re15 served as described in section 133(a)(1) to carry out 

16 statewide employment and training activities, which 

17 shall include— 

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

19 providers of training described in section 122(d), 

20 information identifying eligible providers of on21 the-job training and customized training de22 scribed in section 122(i), and performance infor23 mation and program cost information described 

24 in section 122(b)(2); 


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1 ‘‘(B) supporting the provision of work ready 

2 services described in subsection (c)(2) in the one3 stop delivery system; 

4 ‘‘(C) implementing strategies and services 

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

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

7 education and skills, recognized postsecondary 

8 credentials, and employment experience to suc9 ceed in the labor market; 

10 ‘‘(D) conducting evaluations under section 

11 136(e) of activities authorized under this chapter 

12 in coordination with evaluations carried out by 

13 the Secretary under section 172; 

14 ‘‘(E) providing technical assistance to local 

15 areas that fail to meet local performance meas16 ures; 

17 ‘‘(F) operating a fiscal and management 

18 accountability system under section 136(f); and 

19 ‘‘(G) carrying out monitoring and oversight 

20 of activities carried out under this chapter. 

21 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT AND

22 TRAINING ACTIVITIES.—A State may use funds re23 served as described in section 133(a)(1) to carry out 

24 statewide employment and training activities which 

25 may include— 


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1 ‘‘(A) implementing innovative programs 

2 and strategies designed to meet the needs of all 

3 employers in the State, including small employ4 ers, which may include incumbent worker train5 ing programs, sectoral and industry cluster 

6 strategies and partnerships, career ladder pro7 grams, micro-enterprise and entrepreneurial 

8 training and support programs, utilization of ef9 fective business intermediaries, activities to im10 prove linkages between the one-stop delivery sys11 tem in the State and all employers (including 

12 small employers) in the State, and other business 

13 services and strategies that better engage employ14 ers in workforce investment activities and make 

15 the workforce investment system more relevant to 

16 the needs of State and local businesses, consistent 

17 with the objectives of this title; 

18 ‘‘(B) providing incentive grants to local 

19 areas for regional cooperation among local 

20 boards (including local boards in a designated 

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

22 coordination of activities carried out under this 

23 Act, and for exemplary performance by local 

24 areas on the local performance measures; 


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1 ‘‘(C) developing strategies for effectively in2 tegrating programs and services among one-stop 

3 partners; 

4 ‘‘(D) carrying out activities to facilitate re5 mote access to services provided through a one6 stop delivery system, including facilitating access 

7 through the use of technology; 

8 ‘‘(E) incorporating pay-for-performance 

9 contracting strategies, as defined in section 

10 101(56), as an element in funding activities 

11 under this section and providing technical sup12 port to local areas and providers in order to 

13 carry out such strategy, which may provide as14 sistance with data collection and data entry re15 quirements; 

16 ‘‘(F) carrying out the State option under 

17 subsection (f)(8); and 

18 ‘‘(G) carrying out other activities author19 ized under this section that the State determines 

20 to be necessary to assist local areas in carrying 

21 out activities described in subsection (c) or (d) 

22 through the statewide workforce investment sys23 tem. 

24 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

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1 tion 133(a)(2) to carry out statewide rapid response 

2 activities, which shall include— 

3 ‘‘(A) provision of rapid response activities, 

4 carried out in local areas by the State or by an 

5 entity designated by the State, working in con6 junction with the local boards and the chief elect7 ed officials in the local areas; and 

8 ‘‘(B) provision of additional assistance to 

9 local areas that experience disasters, mass layoffs 

10 or plant closings, or other events that precipitate 

11 substantial increases in the number of unem12 ployed individuals, carried out in local areas by 

13 the State or by an entity designated by the 

14 State, working in conjunction with the local 

15 boards and the chief elected officials in the local 

16 areas. 

17 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS WITH

18 BARRIERS TO EMPLOYMENT.— 

19 ‘‘(A) IN GENERAL.—Of the funds reserved as 

20 described in section 133(a)(3), the Governor of a 

21 State— 

22 ‘‘(i) may reserve up to 5 percent to 

23 provide technical assistance to, and conduct 

24 evaluations as described in section 136(e), of 


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1 the programs and activities carried out 

2 under this paragraph; and 

3 ‘‘(ii) using the remainder, shall award 

4 grants on a competitive basis to eligible en5 tities described in subparagraph (B) to 

6 carry out employment and training pro7 grams authorized under this paragraph for 

8 individuals with barriers to employment 

9 that meet specific performance outcomes 

10 and criteria established by the Governor. 

11 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur12 poses of this paragraph, the term ‘eligible entity’ 

13 means an entity that— 

14 ‘‘(i) is a— 

15 ‘‘(I) local board or a consortium 

16 of local boards; 

17 ‘‘(II) nonprofit entity, for-profit 

18 entity, or a consortium of nonprofit or 

19 for-profit entities; or 

20 ‘‘(III) consortium of the entities 

21 described in subclauses (I) and (II); 

22 ‘‘(ii) has a demonstrated record of 

23 placing individuals into unsubsidized em24 ployment and serving hard to serve individ25 uals; and 


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1 ‘‘(iii) agrees to be reimbursed pri2 marily on the basis of achievement of speci3 fied performance outcomes and criteria es4 tablished by the Governor. 

5 ‘‘(C) GRANT PERIOD.— 

6 ‘‘(i) IN GENERAL.—A grant under this 

7 paragraph shall be awarded for a period of 

8 1 year. 

9 ‘‘(ii) GRANT RENEWAL.—A Governor of 

10 a State may renew, for up to 4 additional 

11 1-year periods, a grant awarded under this 

12 paragraph. 

13 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi14 ble to participate in activities under this para15 graph, an individual shall be a low-income indi16 vidual age 16 or older or a member of a low-in17 come family. 

18 ‘‘(E) USE OF FUNDS.—An eligible entity re19 ceiving a grant under this paragraph shall use 

20 such funds for activities that are designed to as21 sist eligible participants in obtaining employ22 ment and acquiring the education and skills nec23 essary to succeed in the labor market. 

24 ‘‘(F) APPLICATIONS.—To be eligible to re25 ceive a grant under this paragraph, an eligible 


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1 entity shall submit an application to a State at 

2 such time, in such manner, and containing such 

3 information as the State may require, includ4 ing— 

5 ‘‘(i) a description of how the strategies 

6 and activities will be aligned with the State 

7 plan submitted under section 112 and the 

8 local plan submitted under section 118 with 

9 respect to the areas of the State that will be 

10 the focus of grant activities under this para11 graph; 

12 ‘‘(ii) a description of the educational 

13 and skills training programs and activities 

14 the eligible entity will provide to eligible 

15 participants under this paragraph; 

16 ‘‘(iii) how the eligible entity will col17 laborate with State and local workforce in18 vestment systems established under this title 

19 in the provision of such programs and ac20 tivities; 

21 ‘‘(iv) a description of the programs of 

22 demonstrated effectiveness on which the pro23 vision of such educational and skills train24 ing programs and activities are based, and 

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1 tivities will improve the education and 

2 skills training for eligible participants; 

3 ‘‘(v) a description of the populations to 

4 be served and the skill needs of those popu5 lations, and the manner in which eligible 

6 participants will be recruited and selected 

7 as participants; 

8 ‘‘(vi) a description of the private, pub9 lic, local, and State resources that will be 

10 leveraged, in addition to the grant funds 

11 provided for the programs and activities 

12 under this paragraph, and how the entity 

13 will ensure the sustainability of such pro14 grams and activities after grant funds are 

15 no longer available; 

16 ‘‘(vii) a description of the extent of the 

17 involvement of employers in such programs 

18 and activities; 

19 ‘‘(viii) a description of the levels of 

20 performance the eligible entity expects to 

21 achieve with respect to the indicators of per22 formance for all individuals specified in 

23 section in 136(b)(2); 

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1 diting and accountability procedures that 

2 will be used to ensure fiscal soundness for 

3 the programs and activities provided under 

4 this paragraph; and 

5 ‘‘(x) any other criteria the Governor 

6 may require.’’; 

7 (2) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI10 TIES.—Funds allocated to a local area under section 

11 133(b)— 

12 ‘‘(1) shall be used to carry out employment and 

13 training activities described in subsection (c); and 

14 ‘‘(2) may be used to carry out employment and 

15 training activities described in subsection (d).’’; 

16 (3) by striking subsection (c); 

17 (4) by redesignating subsections (d) and (e), as 

18 subsections (c) and (d), respectively; 

19 (5) in subsection (c) (as so redesignated)— 

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

21 follows: 

22 ‘‘(1) IN GENERAL.—Funds allocated to a local 

23 area under section 133(b) shall be used— 

24 ‘‘(A) to establish a one-stop delivery system 

25 as described in section 121(e); 


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1 ‘‘(B) to provide the work ready services de2 scribed in paragraph (2) through the one-stop 

3 delivery system in accordance with such para4 graph; and 

5 ‘‘(C) to provide training services described 

6 in paragraph (4) in accordance with such para7 graph.’’; 

8 (B) in paragraph (2)— 

9 (i) in the heading, by striking ‘‘CORE

10 SERVICES’’ and inserting ‘‘WORK READY

11 SERVICES’’; 

12 (ii) in the matter preceding subpara13 graph (A)— 

14 (I) by striking ‘‘(1)(A)’’ and in15 serting ‘‘(1)(B)’’; 

16 (II) by striking ‘‘core services’’ 

17 and inserting ‘‘work ready services’’; 

18 and 

19 (III) by striking ‘‘who are adults 

20 or dislocated workers’’; 

21 (iii) by redesignating subparagraph 

22 (K) as subparagraph (V); 

23 (iv) by redesignating subparagraphs 

24 (B) through (J) as subparagraphs (C) 

25 through (K), respectively; 


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1 (v) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) assistance in obtaining eligibility de4 terminations under the other one-stop partner 

5 programs through activities, where appropriate 

6 and consistent with the authorizing statute of the 

7 one-stop partner program, such as assisting in 

8 the submission of applications, the provision of 

9 information on the results of such applications, 

10 and the provision of intake services and informa11 tion;’’; 

12 (vi) by amending subparagraph (E), 

13 as so redesignated, to read as follows: 

14 ‘‘(E) labor exchange services, including— 

15 ‘‘(i) job search and placement assist16 ance, and where appropriate, career coun17 seling; 

18 ‘‘(ii) appropriate recruitment services 

19 for employers, including small employers, 

20 in the local area, which may include serv21 ices described in this subsection, including 

22 information and referral to specialized busi23 ness services not traditionally offered 

24 through the one-stop delivery system; and 


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1 ‘‘(iii) reemployment services provided 

2 to unemployment claimants, including 

3 claimants identified as in need of such serv4 ices under the worker profiling system es5 tablished under section 303(j) of the Social 

6 Security Act (42 U.S.C. 503(j));’’; 

7 (vii) in subparagraph (F), as so redes8 ignated, by striking ‘‘employment statistics’’ 

9 and inserting ‘‘workforce and labor mar10 ket’’; 

11 (viii) in subparagraph (G), as so re12 designated, by striking ‘‘and eligible pro13 viders of youth activities described in sec14 tion 123,’’; 

15 (ix) in subparagraph (H), as so redes16 ignated, by inserting ‘‘under section 136’’ 

17 after ‘‘local performance measures’’; 

18 (x) in subparagraph (J), as so redesig19 nated, by inserting ‘‘and the administration 

20 of the work test for the unemployment com21 pensation system’’ after ‘‘compensation’’; 

22 (xi) by amending subparagraph (K), 

23 as so redesignated, to read as follows: 

24 ‘‘(K) assistance in establishing eligibility 

25 for programs of financial aid assistance for 


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1 training and education programs that are not 

2 funded under this Act and are available in the 

3 local area;’’; and 

4 (xii) by inserting the following new 

5 subparagraphs after subparagraph (K), as 

6 so redesignated: 

7 ‘‘(L) the provision of information from offi8 cial publications of the Internal Revenue Service 

9 regarding Federal tax credits available to indi10 viduals relating to education, job training and 

11 employment; 

12 ‘‘(M) comprehensive and specialized assess13 ments of the skill levels and service needs of 

14 workers, which may include— 

15 ‘‘(i) diagnostic testing and use of other 

16 assessment tools; and 

17 ‘‘(ii) in-depth interviewing and evalua18 tion to identify employment barriers and 

19 appropriate employment goals; 

20 ‘‘(N) development of an individual employ21 ment plan, to identify the employment goals, ap22 propriate achievement objectives, and appro23 priate combination of services for the partici24 pant; 

25 ‘‘(O) group counseling; 


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1 ‘‘(P) individual counseling and career plan2 ning; 

3 ‘‘(Q) case management; 

4 ‘‘(R) short-term pre-career services, includ5 ing development of learning skills, communica6 tions skills, interviewing skills, punctuality, per7 sonal maintenance skills, and professional con8 duct, to prepare individuals for unsubsidized em9 ployment or training; 

10 ‘‘(S) internships and work experience; 

11 ‘‘(T) literacy activities relating to basic 

12 work readiness, information and communication 

13 technology literacy activities, and financial lit14 eracy activities, if such activities are not avail15 able to participants in the local area under pro16 grams administered under the Adult Education 

17 and Family Literacy Act (20 U.S.C. 2901 et 

18 seq.); 

19 ‘‘(U) out-of-area job search assistance and 

20 relocation assistance; and’’; and 

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

22 follows: 

23 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

24 services described in paragraph (2) shall be provided 

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1 vided through contracts with public, private for-prof2 it, and private nonprofit service providers, approved 

3 by the local board.’’; 

4 (D) in paragraph (4)— 

5 (i) by amending subparagraph (A) to 

6 read as follows: 

7 ‘‘(A) IN GENERAL.—Funds described in 

8 paragraph (1)(C) shall be used to provide train9 ing services to individuals who— 

10 ‘‘(i) after an interview, evaluation, or 

11 assessment, and case management, have 

12 been determined by a one-stop operator or 

13 one-stop partner, as appropriate, to— 

14 ‘‘(I) be in need of training serv15 ices to obtain or retain employment; 

16 and 

17 ‘‘(II) have the skills and qualifica18 tions to successfully participate in the 

19 selected program of training services; 

20 ‘‘(ii) select programs of training serv21 ices that are directly linked to the employ22 ment opportunities in the local area in23 volved or in another area in which the indi24 vidual receiving such services are willing to 

25 commute or relocate; and 


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1 ‘‘(iii) who meet the requirements of 

2 subparagraph (B);’’; and 

3 (ii) in subparagraph (B)(i), by strik4 ing ‘‘Except’’ and inserting ‘‘Notwith5 standing section 479B of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1087uu) and 

7 except’’; 

8 (iii) by amending subparagraph (D) to 

9 read as follows: 

10 ‘‘(D) TRAINING SERVICES.—Training serv11 ices authorized under this paragraph may in12 clude— 

13 ‘‘(i) occupational skills training; 

14 ‘‘(ii) on-the-job training; 

15 ‘‘(iii) skill upgrading and retraining; 

16 ‘‘(iv) entrepreneurial training; 

17 ‘‘(v) education activities leading to a 

18 regular secondary school diploma or its rec19 ognized equivalent in combination with, 

20 concurrently or subsequently, occupational 

21 skills training; 

22 ‘‘(vi) adult education and literacy ac23 tivities provided in conjunction with other 

24 training authorized under this subpara25 graph; 


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1 ‘‘(vii) workplace training combined 

2 with related instruction; 

3 ‘‘(viii) occupational skills training 

4 that incorporates English language acquisi5 tion; 

6 ‘‘(ix) customized training conducted 

7 with a commitment by an employer or 

8 group of employers to employ an individual 

9 upon successful completion of the training; 

10 and 

11 ‘‘(x) training programs operated by the 

12 private sector.’’; 

13 (iv) by striking subparagraph (E) and 

14 redesignating subparagraphs (F) and (G) 

15 as subparagraphs (E) and (F), respectively; 

16 and 

17 (v) in subparagraph (E) (as so redesig18 nated)— 

19 (I) in clause (ii)— 

20 (aa) in the matter preceding 

21 subclause (I), by striking ‘‘sub22 section (c)’’ and inserting ‘‘section 

23 121’’; 

24 (bb) in subclause (I), by 

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1 serting ‘‘section 122(d)’’ and by 

2 striking ‘‘section 122(h)’’ and in3 serting ‘‘section 122(i)’’; and 

4 (cc) in subclause (II), by 

5 striking ‘‘subsections (e) and (h)’’ 

6 and inserting ‘‘subsection (i)’’; 

7 and 

8 (II) by striking clause (iii) and 

9 inserting the following: 

10 ‘‘(iii) CAREER ENHANCEMENT AC11 COUNTS.—An individual who seeks training 

12 services and who is eligible pursuant to sub13 paragraph (A), may, in consultation with a 

14 case manager, select an eligible provider of 

15 training services from the list or identifying 

16 information for providers described in 

17 clause (ii)(I). Upon such selection, the one18 stop operator involved shall, to the extent 

19 practicable, refer such individual to the eli20 gible provider of training services, and ar21 range for payment for such services through 

22 a career enhancement account. 

23 ‘‘(iv) COORDINATION.—Each local 

24 board may, through one-stop centers, coordi25 nate career enhancement accounts with 


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1 other Federal, State, local, or private job 

2 training programs or sources to assist the 

3 individual in obtaining training services. 

4 ‘‘(v) ASSISTANCE.—Each local board 

5 may, through one-stop centers, assist indi6 viduals receiving career enhancement ac7 counts in obtaining funds (in addition to 

8 the funds provided under this section) from 

9 other programs and sources that will assist 

10 the individual in obtaining training serv11 ices.’’; and 

12 (vi) in subparagraph (F) (as so redes13 ignated)— 

14 (I) in the subparagraph heading, 

15 by striking ‘‘INDIVIDUAL TRAINING AC16 COUNTS’’ and inserting ‘‘CAREER EN17 HANCEMENT ACCOUNTS’’; 

18 (II) in clause (i) by striking ‘‘in19 dividual training accounts’’ and in20 serting ‘‘career enhancement accounts’’; 

21 (III) in clause (ii)— 

22 (aa) by striking ‘‘an indi23 vidual training account’’ and in24 serting ‘‘a career enhancement ac25 count’’; 


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1 (bb) by striking ‘‘subpara2 graph (F)’’ and inserting ‘‘sub3 paragraph (E)’’; 

4 (cc) in subclause (II), by 

5 striking ‘‘individual training ac6 counts’’ and inserting ‘‘career en7 hancement accounts’’; 

8 (dd) in subclause (II) by 

9 striking ‘‘or’’ after the semicolon; 

10 (ee) in subclause (III) by 

11 striking the period and inserting 

12 ‘‘; or’’; and 

13 (ff) by adding at the end the 

14 following: 

15 ‘‘(IV) the local board determines 

16 that it would be most appropriate to 

17 award a contract to an institution of 

18 higher education that has been identi19 fied as a priority provider under sec20 tion 117(d)(5)(B) in order to facilitate 

21 the training of multiple individuals in 

22 in-demand sectors or occupations, and 

23 which may be used to enable the ex24 pansion of programs provided by a 


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1 priority provider, if such contract does 

2 not limit customer choice.’’; 

3 (IV) in clause (iii), by striking 

4 ‘‘adult or dislocated worker’’ and in5 serting ‘‘individual’’; and 

6 (V) in clause (iv)— 

7 (aa) by redesignating sub8 clause (IV) as subclause (V) and 

9 inserting after subclause (III) the 

10 following: 

11 ‘‘(IV) Individuals with disabil12 ities.’’; 

13 (6) in subsection (d) (as so redesignated)— 

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

15 follows: 

16 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC17 TIVITIES.— 

18 ‘‘(A) IN GENERAL.—Funds allocated to a 

19 local area under section 133(b)(2) may be used 

20 to provide, through the one-stop delivery sys21 tem— 

22 ‘‘(i) customized screening and referral 

23 of qualified participants in training serv24 ices to employers; 


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1 ‘‘(ii) customized employment-related 

2 services to employers on a fee-for-service 

3 basis; 

4 ‘‘(iii) customer supports, including 

5 transportation and childcare, to navigate 

6 among multiple services and activities for 

7 special participant populations that face 

8 multiple barriers to employment, including 

9 individuals with disabilities; 

10 ‘‘(iv) employment and training assist11 ance provided in coordination with child 

12 support enforcement activities of the State 

13 agency carrying out subtitle D of title IV of 

14 the Social Security Act (42 U.S.C. 651 et 

15 seq.); 

16 ‘‘(v) incorporating pay-for-performance 

17 contract strategies, as defined in section 

18 101(56), as an element in funding activities 

19 under this section; 

20 ‘‘(vi) activities to facilitate remote ac21 cess to services provided through a one-stop 

22 delivery system, including facilitating ac23 cess through the use of technology; and 

24 ‘‘(vii) activities to carry out business 

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1 force investment needs of local area employ2 ers, as determined by the local board, con3 sistent with the local plan under section 

4 118.’’. 

5 (B) by striking paragraphs (2) and (3); and 

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

7 ‘‘(2) INCUMBENT WORKER TRAINING PRO8 GRAMS.— 

9 ‘‘(A) IN GENERAL.—The local board may 

10 use funds allocated to a local area under section 

11 133(b)(2) to carry out incumbent worker train12 ing programs in accordance with this para13 graph. 

14 ‘‘(B) TRAINING ACTIVITIES.—The training 

15 programs for incumbent workers under this 

16 paragraph shall be carried out by the local area 

17 in conjunction with the employers of such work18 ers for the purpose of assisting such workers in 

19 obtaining the skills necessary to retain employ20 ment and avert layoffs. 

21 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

22 ‘‘(i) IN GENERAL.—Employers partici23 pating in programs under this paragraph 

24 shall be required to pay a proportion of the 

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1 cumbent workers of the employers. The local 

2 board shall establish the required portion of 

3 such costs, which may include in-kind con4 tributions. 

5 ‘‘(ii) CALCULATION OF MATCH.—The 

6 wages paid by an employer to a worker 

7 while they are attending training may be 

8 included as part of the required payment of 

9 the employer.’’; and 

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

11 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

12 JOBS.—In providing employment and training activities 

13 authorized under this section, the State and local board 

14 shall give priority to placing participants in jobs in the 

15 private sector. 

16 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (8), a 

18 local board shall hire and employ one or more veteran 

19 employment specialist to carry out employment, 

20 training, and placement services under this subsection 

21 in the local area served by the local board. 

22 ‘‘(2) PRINCIPAL DUTIES.—A veteran employment 

23 specialist in a local area shall— 


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1 ‘‘(A) conduct outreach to employers in the 

2 local area to assist veterans, including disabled 

3 veterans, in gaining employment, including— 

4 ‘‘(i) conducting seminars for employ5 ers; and 

6 ‘‘(ii) in conjunction with employers, 

7 conducting job search workshops, and estab8 lishing job search groups; and 

9 ‘‘(B) facilitate employment, training, sup10 portive, and placement services furnished to vet11 erans, including disabled and homeless veterans, 

12 in the local area. 

13 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

14 INDIVIDUALS WITH EXPERTISE IN SERVING VET15 ERANS.—Subject to paragraph (8), a local board 

16 shall, to the maximum extent practicable, employ vet17 erans or individuals with expertise in serving vet18 erans to carry out the services described in paragraph 

19 (2) in the local area served by the local board. In hir20 ing an individual to serve as a veteran employment 

21 specialist, a local board shall give preference to vet22 erans and other individuals in the following order: 

23 ‘‘(A) To service-connected disabled veterans. 

24 ‘‘(B) If no veteran described in subpara25 graph (A) is available, to veterans. 


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1 ‘‘(C) If no veteran described in subpara2 graph (A) or (B) is available, to any member of 

3 the Armed Forces transitioning out of military 

4 service. 

5 ‘‘(D) If no veteran described in subpara6 graph (A), (B), or (C) is available, to any spouse 

7 of a veteran or a spouse of a member of the 

8 Armed Forces transitioning out of military serv9 ice. 

10 ‘‘(E) If no veteran described in subpara11 graph (A), (B), or (C) is available and no spouse 

12 described in paragraph (D) is available, to any 

13 other individuals with expertise in serving vet14 erans. 

15 ‘‘(4) ADMINISTRATION AND REPORTING.— 

16 ‘‘(A) IN GENERAL.—Each veteran employ17 ment specialist shall be administratively respon18 sible to the manager of the one-stop delivery cen19 ter in the local area and shall provide, at a min20 imum, quarterly reports to the manager of such 

21 center and to the Director for Veterans’ Employ22 ment and Training for the State on the perform23 ance and compliance by the specialist with Fed24 eral law and regulations with respect to the— 


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1 ‘‘(i) principal duties and special serv2 ices for veterans described in paragraph (2); 

3 and 

4 ‘‘(ii) hiring preferences described in 

5 paragraph (3) for veterans and individuals 

6 with expertise in serving veterans. 

7 ‘‘(B) REPORT TO SECRETARY.—Each State 

8 shall submit to the Secretary an annual report 

9 on the qualifications used by the local board in 

10 making hiring determinations for a veteran em11 ployment specialist and the salary structure 

12 under which such specialist is compensated. 

13 ‘‘(C) REPORT TO CONGRESS.—The Sec14 retary shall submit to the Committee on Edu15 cation and the Workforce and the Committee on 

16 Veterans’ Affairs of the House of Representatives 

17 and the Committee on Health, Education, Labor, 

18 and Pensions and the Committee on Veterans’ 

19 Affairs of the Senate an annual report summa20 rizing the reports submitted under subparagraph 

21 (B), including summaries of outcomes achieved 

22 by participating veterans disaggregated by local 

23 areas. 

24 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet25 eran employment specialist shall perform the funcVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 tions of a veteran employment specialist under this 

2 subsection on a halftime basis. 

3 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

4 employment specialist described in paragraph (2) 

5 shall satisfactorily complete training provided by the 

6 National Veterans’ Employment and Training Insti7 tute during the three-year period that begins on the 

8 date on which the employee is so assigned. 

9 ‘‘(7) SPECIALIST’S DUTIES.—A full-time veteran 

10 employment specialist shall perform only duties re11 lated to the employment, training, supportive, and 

12 placement services under this subsection, and shall 

13 not perform other non-veteran-related duties if such 

14 duties detract from the specialist’s ability to perform 

15 the specialist’s duties related to employment, training, 

16 and placement services under this subsection. 

17 ‘‘(8) STATE OPTION.—At the request of a local 

18 board, a State may assume the duties assigned to the 

19 local board under paragraphs (1) and (3), including 

20 the hiring and employment of one or more veteran 

21 employment specialist for placement in the local area 

22 served by the local board.’’. 

23 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

24 Section 136 (29 U.S.C. 2871) is amended— 

25 (1) in subsection (b)— 


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1 (A) by amending paragraphs (1) and (2) to 

2 read as follows: 

3 ‘‘(1) IN GENERAL.—For each State, the State 

4 performance measures shall consist of— 

5 ‘‘(A)(i) the core indicators of performance 

6 described in paragraph (2)(A); and 

7 ‘‘(ii) additional indicators of performance 

8 (if any) identified by the State under paragraph 

9 (2)(B); and 

10 ‘‘(B) a State adjusted level of performance 

11 for each indicator described in subparagraph 

12 (A). 

13 ‘‘(2) INDICATORS OF PERFORMANCE.— 

14 ‘‘(A) CORE INDICATORS OF PERFORM15 ANCE.— 

16 ‘‘(i) IN GENERAL.—The core indicators 

17 of performance for the program of employ18 ment and training activities authorized 

19 under sections 132(a)(2) and 134, the pro20 gram of adult education and literacy activi21 ties authorized under title II, and the pro22 gram authorized under title I of the Reha23 bilitation Act of 1973 (29 U.S.C. 720 et 

24 seq.), other than section 112 or part C of 

25 that title (29 U.S.C. 732, 741), shall consist 


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1 of the following indicators of performance, 

2 each disaggregated by the populations iden3 tified in the State and local plans: 

4 ‘‘(I) The percentage and number 

5 of program participants who are in 

6 unsubsidized employment during the 

7 second full calendar quarter after exit 

8 from the program. 

9 ‘‘(II) The percentage and number 

10 of program participants who are in 

11 unsubsidized employment during the 

12 fourth full calendar quarter after exit 

13 from the program. 

14 ‘‘(III) The median earnings of 

15 program participants who are in un16 subsidized employment during the sec17 ond full calendar quarter after exit 

18 from the program compared to the me19 dian earnings of such participants 

20 prior to the training received under 

21 such program. 

22 ‘‘(IV) The percentage and number 

23 of program participants who obtain a 

24 recognized postsecondary credential, a 

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1 recognized credential, or a regular sec2 ondary school diploma or its recog3 nized equivalent (subject to clause (ii)), 

4 during participation in or within 1 

5 year after exit from program. 

6 ‘‘(V) The percentage and number 

7 of program participants who, during a 

8 program year— 

9 ‘‘(aa) are in an education or 

10 training program that leads to a 

11 recognized postsecondary creden12 tial, a registered apprenticeship 

13 or on-the-job training program, 

14 an industry-recognized credential, 

15 a regular secondary school di16 ploma or its recognized equiva17 lent, or unsubsidized employment; 

18 and 

19 ‘‘(bb) are achieving measur20 able basic skill gains toward such 

21 a credential or employment. 

22 ‘‘(VI) The percentage and number 

23 of program participants who obtain 

24 unsubsidized employment in the field 

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1 scribed in section 134(c)(4) that such 

2 participants received. 

3 ‘‘(ii) INDICATOR RELATING TO CRE4 DENTIAL.—For purposes of clause (i)(IV), 

5 program participants who obtain a regular 

6 secondary school diploma or its recognized 

7 equivalent shall be included in the percent8 age counted as meeting the criterion under 

9 such clause only if such participants, in ad10 dition to obtaining such diploma or its rec11 ognized equivalent, have, within 1 year 

12 after exit from the program, obtained or re13 tained employment, have been removed from 

14 public assistance, or are in an education or 

15 training program leading to a recognized 

16 postsecondary credential. 

17 ‘‘(B) ADDITIONAL INDICATORS.—A State 

18 may identify in the State plan additional indi19 cators for workforce investment activities author20 ized under this subtitle.’’; and 

21 (B) in paragraph (3)— 

22 (i) in subparagraph (A)— 

23 (I) in the heading, by striking 

24 ‘‘AND CUSTOMER SATISFACTION INDI25 CATOR’’; 


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1 (II) in clause (i), by striking 

2 ‘‘and the customer satisfaction indi3 cator described in paragraph (2)(B)’’; 

4 (III) in clause (ii), by striking 

5 ‘‘and the customer satisfaction indi6 cator of performance, for the first 3’’ 

7 and inserting ‘‘, for all 3’’; 

8 (IV) in clause (iii)— 

9 (aa) in the heading, by strik10 ing ‘‘FOR FIRST 3 YEARS’’; and 

11 (bb) by striking ‘‘and the 

12 customer satisfaction indicator of 

13 performance, for the first 3 pro14 gram years’’ and inserting ‘‘for 

15 all 3 program years’’; 

16 (V) in clause (iv)— 

17 (aa) by striking ‘‘or (v)’’; 

18 (bb) by striking subclause (I) 

19 and redesignating subclauses (II) 

20 and (III) as subclauses (I) and 

21 (II), respectively; and 

22 (cc) in subclause (I) (as so 

23 redesignated)— 

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1 ing ‘‘which shall be adjusted 

2 based on’’; 

3 (BB) by inserting ‘‘, 

4 such as unemployment rates 

5 and job losses or gains in 

6 particular industries’’ after 

7 ‘‘economic conditions’’; and 

8 (CC) by inserting ‘‘, 

9 such as indicators of poor 

10 work experience, dislocation 

11 from high-wage employment, 

12 low levels of literacy or 

13 English proficiency, dis14 ability status, including the 

15 number of veterans with dis16 abilities, and welfare depend17 ency’’ after ‘‘program’’; 

18 (VI) by striking clause (v) and re19 designating clause (vi) as clause (v); 

20 and 

21 (VII) in clause (v) (as so redesig22 nated), 

23 (aa) by striking ‘‘described 

24 in clause (iv)(II)’’ and inserting 

25 ‘‘described in clause (iv)(I)’’; and 


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1 (bb) by striking ‘‘or (v)’’; and 

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

3 ‘‘paragraph (2)(C)’’ and inserting ‘‘para4 graph (2)(B)’’; 

5 (2) in subsection (c)(1)(A)— 

6 (A) by amending clause (i) to read as fol7 lows: ‘‘(i) the core indicators of performance de8 scribed in subsection (b)(2)(A) for activities de9 scribed in such subsections, other than statewide 

10 workforce investment activities; and’’; 

11 (B) in clause (ii), by striking ‘‘(b)(2)(C)’’ 

12 and inserting ‘‘(b)(2)(B)’’; and 

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

14 follows: 

15 ‘‘(3) DETERMINATIONS.—In determining such 

16 local levels of performance, the local board, the chief 

17 elected official, and the Governor shall ensure such 

18 levels are adjusted based on the specific economic 

19 characteristics (such as unemployment rates and job 

20 losses or gains in particular industries), demographic 

21 characteristics, or other characteristics of the popu22 lation to be served in the local area.’’; 

23 (3) in subsection (d)— 

24 (A) in paragraph (1)— 

25 (i) by striking ‘‘127 or’’; 


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1 (ii) by striking ‘‘and the customer sat2 isfaction indicator’’ each place it appears; 

3 and 

4 (iii) in the last sentence, by inserting 

5 before the period the following: ‘‘, and on 

6 the amount and percentage of the State’s 

7 annual allotment under section 132 the 

8 State spends on administrative costs and on 

9 the amount and percentage of its annual al10 location under section 133 each local area 

11 in the State spends on administrative 

12 costs’’; 

13 (B) in paragraph (2)— 

14 (i) by striking subparagraphs (A), (B), 

15 and (D); 

16 (ii) by redesignating subparagraph (C) 

17 as subparagraph (A); 

18 (iii) by redesignating subparagraph 

19 (E) as subparagraph (B); 

20 (iv) in subparagraph (B), as so redes21 ignated— 

22 (I) by striking ‘‘(excluding par23 ticipants who received only self-service 

24 and informational activities)’’; and 

25 (II) by striking ‘‘and’’ at the end; 


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1 (v) by striking subparagraph (F); 

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

3 ‘‘(C) with respect to each local area in the 

4 State— 

5 ‘‘(i) the number of individuals who re6 ceived work ready services described under 

7 section 134(c)(2) and the number of indi8 viduals who received training services de9 scribed under section 134(c)(4) during the 

10 most recent program year and fiscal year, 

11 and the preceding 5 program years, where 

12 the individuals received the training, 

13 disaggregated by the type of entity that pro14 vided the training, and the amount of funds 

15 spent on each type of service; 

16 ‘‘(ii) the number of individuals who 

17 successfully exited out of work ready services 

18 described under section 134(c)(2) and the 

19 number of individuals who exited out of 

20 training services described under section 

21 134(c)(4) during the most recent program 

22 year and fiscal year, and the preceding 5 

23 program years, and where the individuals 

24 received the training, disaggregated by the 


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1 type of entity that provided the training; 

2 and 

3 ‘‘(iii) the average cost per participant 

4 of those individuals who received work 

5 ready services described under section 

6 134(c)(2) and the average cost per partici7 pant of those individuals who received 

8 training services described under section 

9 134(c)(4) during the most recent program 

10 year and fiscal year, and the preceding 5 

11 program years, and where the individuals 

12 received the training, disaggregated by the 

13 type of entity that provided the training; 

14 and 

15 ‘‘(E) the amount of funds spent on training 

16 services and discretionary one-stop delivery ac17 tivities, disaggregated by the populations identi18 fied in the State and local plans.’’; 

19 (C) in paragraph (3)(A), by striking 

20 ‘‘through publication’’ and inserting ‘‘through 

21 electronic means’’; and 

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

23 ‘‘(4) DATA VALIDATION.—In preparing the re24 ports described in this subsection, each State shall es25 tablish procedures, consistent with guidelines issued 


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1 by the Secretary, to ensure the information contained 

2 in the report is valid and reliable. 

3 ‘‘(5) STATE AND LOCAL POLICIES.— 

4 ‘‘(A) STATE POLICIES.—Each State that re5 ceives an allotment under section 132 shall 

6 maintain a central repository of policies related 

7 to access, eligibility, availability of services, and 

8 other matters and plans approved by the State 

9 board and make such repository available to the 

10 public, including by electronic means. 

11 ‘‘(B) LOCAL POLICIES.—Each local area 

12 that receives an allotment under section 133 

13 shall maintain a central repository of policies 

14 related to access, eligibility, availability of serv15 ices, and other matters and plans approved by 

16 the local board and make such repository avail17 able to the public, including by electronic 

18 means.’’; 

19 (4) in subsection (g)— 

20 (A) in paragraph (1)(A), by striking ‘‘or 

21 (B)’’; 

22 (B) in paragraph (1)(B), by striking ‘‘may 

23 reduce by not more than 5 percent,’’ and insert24 ing ‘‘shall reduce’’; and 


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

2 the following: 

3 ‘‘(2) FUNDS RESULTING FROM REDUCED ALLOT4 MENTS.—The Secretary shall return to the Treasury 

5 the amount retained, as a result of a reduction in an 

6 allotment to a State made under paragraph (1)(B).’’; 

7 (5) in subsection (h)(1), by striking ‘‘or (B)’’; 

8 (6) in subsection (h)(2)— 

9 (A) in subparagraph (A), by amending the 

10 matter preceding clause (i) to read as follows: 

11 ‘‘(A) IN GENERAL.—If such failure con12 tinues for a second consecutive year, the Gov13 ernor shall take corrective actions, including the 

14 development of a reorganization plan. Such plan 

15 shall—’’; 

16 (B) by redesignating subparagraphs (B) 

17 and (C) as subparagraphs (C) and (D), respec18 tively; 

19 (C) by inserting after subparagraph (A), the 

20 following: 

21 ‘‘(B) REDUCTION IN THE AMOUNT OF

22 GRANT.—If such failure continues for a third 

23 consecutive year, the Governor of a State shall 

24 reduce the amount of the grant that would (in 

25 the absence of this subparagraph) be payable to 


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1 the local area under such program for the pro2 gram year after such third consecutive year. 

3 Such penalty shall be based on the degree of fail4 ure to meet local levels of performance.’’; 

5 (D) in subparagraph (C)(i) (as so redesig6 nated), by striking ‘‘a reorganization plan under 

7 subparagraph (A) may, not later than 30 days 

8 after receiving notice of the reorganization plan, 

9 appeal to the Governor to rescind or revise such 

10 plan’’ and inserting ‘‘corrective actions under 

11 subparagraphs (A) and (B) may, not later than 

12 30 days after receiving notice of the actions, ap13 peal to the Governor to rescind or revise such ac14 tions’’; and 

15 (E) in subparagraph (D) (as so redesig16 nated), by striking ‘‘subparagraph (B)’’ each 

17 place it appears and inserting ‘‘subparagraph 

18 (C)’’; 

19 (7) in subsection (i)(1)(B), by striking ‘‘sub20 section (b)(2)(C)’’ and inserting ‘‘subsection 

21 (b)(2)(B)’’; 

22 (8) in subsection (i)(1)(C), by striking 

23 ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; 

24 (9) in subsection (i)(2), by striking ‘‘the activi25 ties described in section 502 concerning’’; 


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1 (10) in subsection (i)(3), by striking ‘‘described 

2 in paragraph (1) and in the activities described in 

3 section 502’’ and inserting ‘‘and activities described 

4 in this subsection’’; and 

5 (11) by adding at the end the following new sub6 sections: 

7 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO8 GRAMS.—In addition to the programs carried out under 

9 chapter 5, and consistent with the requirements of the ap10 plicable authorizing laws, the Secretary shall use the core 

11 indicators of performance described in subsection (b)(2)(A) 

12 to assess the effectiveness of the programs described under 

13 section 121(b)(1)(B) that are carried out by the Secretary. 

14 ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE INCEN15 TIVES.— 

16 ‘‘(1) IN GENERAL.—At the discretion of the Gov17 ernor of a State, a State may establish an incentive 

18 system for local boards to implement pay-for-perform19 ance contract strategies for the delivery of employ20 ment and training services in the local areas served 

21 by the local boards. 

22 ‘‘(2) IMPLEMENTATION.—A State that establishes 

23 a pay-for-performance incentive system shall reserve 

24 not more than 10 percent of the total amount allotted 

25 to the State under section 132(b)(2) for a fiscal year 


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1 to provide funds to local areas in the State whose 

2 local boards have implemented a pay-for-performance 

3 contract strategy. 

4 ‘‘(3) EVALUATIONS.—A State described in para5 graph (2) shall use funds reserved by the State under 

6 section 133(a)(1) to evaluate the return on investment 

7 of pay-for-performance contract strategies imple8 mented by local boards in the State.’’. 

9 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 137 (29 U.S.C. 2872) is amended to read as 

11 follows: 

12 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 the activities described in section 132, $6,245,318,000 for 

15 fiscal year 2014 and each of the 6 succeeding fiscal years.’’. 

16 Subtitle C—Job Corps 

17 SEC. 116. JOB CORPS PURPOSES. 

18 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is 

19 amended to read as follows: 

20 ‘‘(1) to maintain a national Job Corps program 

21 for at-risk youth, carried out in partnership with 

22 States and communities, to assist eligible youth to 

23 connect to the workforce by providing them with in24 tensive academic, career and technical education, and 

25 service-learning opportunities, in residential and 


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1 nonresidential centers, in order for such youth to ob2 tain regular secondary school diplomas and recog3 nized postsecondary credentials leading to successful 

4 careers in in-demand industries that will result in 

5 opportunities for advancement;’’. 

6 SEC. 117. JOB CORPS DEFINITIONS. 

7 Section 142 (29 U.S.C. 2882) is amended— 

8 (1) in paragraph (2)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE11 STOP’’; 

12 (B) by striking ‘‘applicable’’; 

13 (C) by striking ‘‘customer service’’; and 

14 (D) by striking ‘‘intake’’ and inserting ‘‘as15 sessment’’; 

16 (2) in paragraph (4), by striking ‘‘before com17 pleting the requirements’’ and all that follows and in18 serting ‘‘prior to becoming a graduate.’’; and 

19 (3) in paragraph (5), by striking ‘‘has completed 

20 the requirements’’ and all that follows and inserting 

21 the following: ‘‘who, as a result of participation in the 

22 Job Corps program, has received a regular secondary 

23 school diploma, completed the requirements of a ca24 reer and technical education and training program, 

25 or received, or is making satisfactory progress (as deVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 fined under section 484(c) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1091(c)) toward receiving, a 

3 recognized postsecondary credential, including an in4 dustry-recognized credential that prepares individuals 

5 for employment leading to economic self-sufficiency.’’. 

6 SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

7 Section 144 (29 U.S.C. 2884) is amended— 

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

10 ‘‘(1) not less than age 16 and not more than age 

11 24 on the date of enrollment;’’; 

12 (2) in paragraph (3)(B), by inserting ‘‘sec13 ondary’’ before ‘‘school’’; and 

14 (3) in paragraph (3)(E), by striking ‘‘voca15 tional’’ and inserting ‘‘career and technical education 

16 and’’. 

17 SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND AS18 SIGNMENT OF ENROLLEES. 

19 Section 145 (29 U.S.C. 2885) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)(C)(i) by striking ‘‘vo22 cational’’ and inserting ‘‘career and technical 

23 education and training’’; and 

24 (B) in paragraph (3)— 


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1 (i) by striking ‘‘To the extent prac2 ticable, the’’ and inserting ‘‘The’’; 

3 (ii) in subparagraph (A)— 

4 (I) by striking ‘‘applicable’’; and 

5 (II) by inserting ‘‘and’’ after the 

6 semicolon; 

7 (iii) by striking subparagraphs (B) 

8 and (C); and 

9 (iv) by adding at the end the following: 

10 ‘‘(B) organizations that have a dem11 onstrated record of effectiveness in placing at12 risk youth into employment.’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (B), by inserting 

16 ‘‘and agrees to such rules’’ after ‘‘failure to 

17 observe the rules’’; and 

18 (ii) by amending subparagraph (C) to 

19 read as follows: 

20 ‘‘(C) the individual has passed a back21 ground check conducted in accordance with pro22 cedures established by the Secretary, which shall 

23 include— 

24 ‘‘(i) a search of the State criminal reg25 istry or repository in the State where the 


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1 individual resides and each State where the 

2 individual previously resided; 

3 ‘‘(ii) a search of State-based child 

4 abuse and neglect registries and databases 

5 in the State where the individual resides 

6 and each State where the individual pre7 viously resided; 

8 ‘‘(iii) a search of the National Crime 

9 Information Center; 

10 ‘‘(iv) a Federal Bureau of Investiga11 tion fingerprint check using the Integrated 

12 Automated Fingerprint Identification Sys13 tem; and 

14 ‘‘(v) a search of the National Sex Of15 fender Registry established under the Adam 

16 Walsh Child Protection and Safety Act of 

17 2006 (42 U.S.C. 16901 et seq.).’’; and 

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

19 paragraph: 

20 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.—An 

21 individual shall be ineligible for enrollment if the in22 dividual— 

23 ‘‘(A) makes a false statement in connection 

24 with the criminal background check described in 

25 paragraph (1)(C); 


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1 ‘‘(B) is registered or is required to be reg2 istered on a State sex offender registry or the Na3 tional Sex Offender Registry established under 

4 the Adam Walsh Child Protection and Safety Act 

5 of 2006 (42 U.S.C. 16901 et seq.); or 

6 ‘‘(C) has been convicted of a felony con7 sisting of— 

8 ‘‘(i) homicide; 

9 ‘‘(ii) child abuse or neglect; 

10 ‘‘(iii) a crime against children, includ11 ing child pornography; 

12 ‘‘(iv) a crime involving rape or sexual 

13 assault; or 

14 ‘‘(v) physical assault, battery, or a 

15 drug-related offense, committed within the 

16 past 5 years.’’; 

17 (3) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘2 years’’ and inserting 

20 ‘‘year’’; and 

21 (ii) by striking ‘‘an assignment’’ and 

22 inserting ‘‘a’’; and 

23 (B) in paragraph (2)— 

24 (i) in the matter preceding subpara25 graph (A), by striking ‘‘, every 2 years,’’; 


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

2 ‘‘and’’ at the end; and 

3 (iii) in subparagraph (C)— 

4 (I) by inserting ‘‘the education 

5 and training’’ after ‘‘including’’; and 

6 (II) by striking the period at the 

7 end and inserting ‘‘; and’’; and 

8 (iv) by adding at the end the following: 

9 ‘‘(D) the performance of the Job Corps cen10 ter relating to the indicators described in para11 graphs (1) and (2) in section 159(c), and wheth12 er any actions have been taken with respect to 

13 such center pursuant to section 159(f).’’; and 

14 (4) in subsection (d)— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘is closest to the 

18 home of the enrollee, except that the’’ and 

19 inserting ‘‘offers the type of career and tech20 nical education and training selected by the 

21 individual and, among the centers that offer 

22 such education and training, is closest to 

23 the home of the individual. The’’; 

24 (ii) by striking subparagraph (A); and 


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1 (iii) by redesignating subparagraphs 

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

3 respectively; and 

4 (B) in paragraph (2), by inserting ‘‘that of5 fers the career and technical education and 

6 training desired by’’ after ‘‘home of the enrollee’’. 

7 SEC. 120. JOB CORPS CENTERS. 

8 Section 147 (29 U.S.C. 2887) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)(A), by striking ‘‘voca11 tional’’ both places it appears and inserting ‘‘ca12 reer and technical’’; and 

13 (B) in paragraph (2)— 

14 (i) in subparagraph (A)— 

15 (I) by striking ‘‘subsections (c) 

16 and (d) of section 303 of the Federal 

17 Property and Administrative Services 

18 Act of 1949 (41 U.S.C. 253)’’ and in19 serting ‘‘subsections (a) and (b) of sec20 tion 3304 of title 41, United States 

21 Code’’; and 

22 (II) by striking ‘‘industry coun23 cil’’ and inserting ‘‘workforce council’’; 

24 (ii) in subparagraph (B)(i)— 


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1 (I) by amending subclause (II) to 

2 read as follows: 

3 ‘‘(II) the ability of the entity to 

4 offer career and technical education 

5 and training that the workforce council 

6 proposes under section 154(c);’’; 

7 (II) in subclause (III), by striking 

8 ‘‘is familiar with the surrounding com9 munities, applicable’’ and inserting 

10 ‘‘demonstrates relationships with the 

11 surrounding communities, employers, 

12 workforce boards,’’ and by striking 

13 ‘‘and’’ at the end; 

14 (III) by amending subclause (IV) 

15 to read as follows: 

16 ‘‘(IV) the performance of the enti17 ty, if any, relating to operating or pro18 viding activities described in this sub19 title to a Job Corps center, including 

20 the entity’s demonstrated effectiveness 

21 in assisting individuals in achieving 

22 the primary and secondary indicators 

23 of performance described in para24 graphs (1) and (2) of section 159(c); 

25 and’’; and 


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1 (IV) by adding at the end the fol2 lowing new subclause: 

3 ‘‘(V) the ability of the entity to 

4 demonstrate a record of successfully as5 sisting at-risk youth to connect to the 

6 workforce, including by providing them 

7 with intensive academic, and career 

8 and technical education and train9 ing.’’; and 

10 (iii) in subparagraph (B)(ii), by strik11 ing ‘‘, as appropriate’’; 

12 (2) in subsection (b), by striking ‘‘In any year, 

13 no more than 20 percent of the individuals enrolled 

14 in the Job Corps may be nonresidential participants 

15 in the Job Corps.’’; 

16 (3) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

19 ‘‘(1) IN GENERAL.—The Job Corps centers may 

20 include Civilian Conservation Centers, operated 

21 under an agreement between the Secretary of Labor 

22 and the Secretary of Agriculture, that are located pri23 marily in rural areas. Such centers shall adhere to all 

24 the provisions of this subtitle, and shall provide, in 

25 addition to education, career and technical education 


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1 and training, and workforce preparation skills train2 ing described in section 148, programs of work experi3 ence to conserve, develop, or manage public natural 

4 resources or public recreational areas or to develop 

5 community projects in the public interest. 

6 ‘‘(2) SELECTION PROCESS.—The Secretary shall 

7 select an entity that submits an application under 

8 subsection (d) to operate a Civilian Conservation 

9 Center on a competitive basis, as provided in sub10 section (a).’’; and 

11 (4) by striking subsection (d) and inserting the 

12 following: 

13 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

14 Corps center under this subtitle, an entity shall submit an 

15 application to the Secretary at such time, in such manner, 

16 and containing such information as the Secretary may re17 quire, including— 

18 ‘‘(1) a description of the program activities that 

19 will be offered at the center, including how the career 

20 and technical education and training reflect State 

21 and local employment opportunities, including in in22 demand industries; 

23 ‘‘(2) a description of the counseling, placement, 

24 and support activities that will be offered at the cen25 ter, including a description of the strategies and proVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 cedures the entity will use to place graduates into un2 subsidized employment upon completion of the pro3 gram; 

4 ‘‘(3) a description of the demonstrated record of 

5 effectiveness that the entity has in placing at-risk 

6 youth into employment, including past performance 

7 of operating a Job Corps center under this subtitle; 

8 ‘‘(4) a description of the relationships that the 

9 entity has developed with State and local workforce 

10 boards, employers, State and local educational agen11 cies, and the surrounding communities in an effort to 

12 promote a comprehensive statewide workforce invest13 ment system; 

14 ‘‘(5) a description of the strong fiscal controls the 

15 entity has in place to ensure proper accounting of 

16 Federal funds, and a description of how the entity 

17 will meet the requirements of section 159(a); 

18 ‘‘(6) a description of the strategies and policies 

19 the entity will utilize to reduce participant costs; 

20 ‘‘(7) a description of the steps taken to control 

21 costs in accordance with section 159(a)(3); 

22 ‘‘(8) a detailed budget of the activities that will 

23 be supported using funds under this subtitle; 

24 ‘‘(9) a detailed budget of the activities that will 

25 be supported using funds from non-Federal resources; 


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1 ‘‘(10) an assurance the entity will comply with 

2 the administrative cost limitation included in section 

3 151(c); 

4 ‘‘(11) an assurance the entity is licensed to oper5 ate in the State in which the center is located; and 

6 ‘‘(12) an assurance the entity will comply with 

7 and meet basic health and safety codes, including 

8 those measures described in section 152(b). 

9 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de10 scribed in subsection (a)(1)(A) shall be for not longer than 

11 a 2-year period. The Secretary may renew the agreement 

12 for 3 one-year periods if the entity meets the requirements 

13 of subsection (f). 

14 ‘‘(f) RENEWAL.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

16 Secretary may renew the terms of an agreement de17 scribed in subsection (a)(1)(A) for an entity to oper18 ate a Job Corps center if the center meets or exceeds 

19 each of the indicators of performance described in sec20 tion 159(c)(1). 

21 ‘‘(2) RECOMPETITION.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding para23 graph (1), the Secretary shall not renew the 

24 terms of the agreement for an entity to operate 

25 a Job Corps center if such center is ranked in 


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1 the bottom quintile of centers described in section 

2 159(f)(2) for any program year. Such entity 

3 may submit a new application under subsection 

4 (d) only if such center has shown significant im5 provement on the indicators of performance de6 scribed in section 159(c)(1) over the last program 

7 year. 

8 ‘‘(B) VIOLATIONS.—The Secretary shall not 

9 select an entity to operate a Job Corps center if 

10 such entity or such center has been found to have 

11 a systemic or substantial material failure that 

12 involves— 

13 ‘‘(i) a threat to the health, safety, or 

14 civil rights of program participants or staff; 

15 ‘‘(ii) the misuse of funds received 

16 under this subtitle; 

17 ‘‘(iii) loss of legal status or financial 

18 viability, loss of permits, debarment from 

19 receiving Federal grants or contracts, or the 

20 improper use of Federal funds; 

21 ‘‘(iv) failure to meet any other Federal 

22 or State requirement that the entity has 

23 shown an unwillingness or inability to cor24 rect, after notice from the Secretary, within 

25 the period specified; or 


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1 ‘‘(v) an unresolved area of noncompli2 ance. 

3 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

4 after the date of enactment of the SKILLS Act and notwith5 standing any previous grant award or renewals of such 

6 award under this subtitle, the Secretary shall require all 

7 entities operating a Job Corps center under this subtitle to 

8 submit an application under subsection (d) to carry out 

9 the requirements of this section.’’. 

10 SEC. 121. PROGRAM ACTIVITIES. 

11 Section 148 (29 U.S.C. 2888) is amended— 

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

15 CENTERS.— 

16 ‘‘(1) IN GENERAL.—Each Job Corps center shall 

17 provide enrollees with an intensive, well-organized, 

18 and supervised program of education, career, and 

19 technical education and training, work experience, 

20 recreational activities, physical rehabilitation and de21 velopment, and counseling. Each Job Corps center 

22 shall provide enrollees assigned to the center with ac23 cess to work-ready services described in section 

24 134(c)(2). 

25 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 


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1 ‘‘(A) IN GENERAL.—The activities provided 

2 under this subsection shall be targeted to helping 

3 enrollees, on completion of their enrollment— 

4 ‘‘(i) secure and maintain meaningful 

5 unsubsidized employment; 

6 ‘‘(ii) complete secondary education and 

7 obtain a regular secondary school diploma; 

8 ‘‘(iii) enroll in and complete postsec9 ondary education or training programs, in10 cluding obtaining recognized postsecondary 

11 credentials, industry-recognized credentials, 

12 and registered apprenticeships; or 

13 ‘‘(iv) satisfy Armed Forces require14 ments. 

15 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI16 TIES.—The career and technical education and 

17 training provided shall be linked to the employ18 ment opportunities in in-demand industries in 

19 the State in which the Job Corps center is lo20 cated.’’; and 

21 (2) in subsection (b)— 

22 (A) in the subsection heading, by striking 

23 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

24 ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU25 CATION AND’’; 


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1 (B) by striking ‘‘may’’ after ‘‘The Sec2 retary’’ and inserting ‘‘shall’’; and 

3 (C) by striking ‘‘vocational’’ each place it 

4 appears and inserting ‘‘career and technical’’; 

5 and 

6 (3) by amending paragraph (3) of subsection (c) 

7 to read as follows: 

8 ‘‘(3) DEMONSTRATION.—Each year, any operator 

9 seeking to enroll additional enrollees in an advanced 

10 career training program shall demonstrate, before the 

11 operator may carry out such additional enrollment, 

12 that— 

13 ‘‘(A) participants in such program have 

14 achieved a satisfactory rate of completion and 

15 placement in training-related jobs; and 

16 ‘‘(B) such operator has met or exceeded the 

17 indicators of performance described in para18 graphs (1) and (2) of section 159(c) for the pre19 vious year.’’. 

20 SEC. 122. COUNSELING AND JOB PLACEMENT. 

21 Section 149 (29 U.S.C. 2889) is amended— 

22 (1) in subsection (a), by striking ‘‘vocational’’ 

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

24 (2) in subsection (b), by striking ‘‘make every ef25 fort to arrange to’’; and 


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1 (3) by striking subsection (d). 

2 SEC. 123. SUPPORT. 

3 Subsection (b) of section 150 (29 U.S.C. 2890) is 

4 amended to read as follows: 

5 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

6 GRADUATES.—The Secretary shall arrange for a transition 

7 allowance to be paid to graduates. The transition allowance 

8 shall be incentive-based to reflect a graduate’s completion 

9 of academic, career and technical education or training, 

10 and attainment of a recognized postsecondary credential, 

11 including an industry-recognized credential.’’. 

12 SEC. 124. OPERATIONS. 

13 Section 151 (29 U.S.C. 2891) is amended— 

14 (1) in the header, by striking ‘‘OPERATING

15 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

16 (2) in subsection (a), by striking ‘‘IN GEN17 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

18 (3) by striking subsection (b) and redesignating 

19 subsection (c) as subsection (b); 

20 (4) by amending subsection (b) (as so redesig21 nated)— 

22 (A) in the heading by inserting ‘‘OF OPER23 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 

24 (B) by striking ‘‘subsections (a) and (b)’’ 

25 and inserting ‘‘subsection (a)’’; and 


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1 (5) by adding at the end the following new sub2 section: 

3 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 per4 cent of the funds allotted under section 147 to an entity 

5 selected to operate a Job Corps center may be used by the 

6 entity for administrative costs under this subtitle.’’. 

7 SEC. 125. COMMUNITY PARTICIPATION. 

8 Section 153 (29 U.S.C. 2893) is amended to read as 

9 follows: 

10 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

11 ‘‘The director of each Job Corps center shall encourage 

12 and cooperate in activities to establish a mutually bene13 ficial relationship between Job Corps centers in the State 

14 and nearby communities. Such activities may include the 

15 use of any local workforce development boards established 

16 under section 117 to provide a mechanism for joint discus17 sion of common problems and for planning programs of 

18 mutual interest.’’. 

19 SEC. 126. WORKFORCE COUNCILS. 

20 Section 154 (29 U.S.C. 2894) is amended to read as 

21 follows: 

22 ‘‘SEC. 154. WORKFORCE COUNCILS. 

23 ‘‘(a) IN GENERAL.—Each Job Corps center shall have 

24 a workforce council appointed by the Governor of the State 

25 in which the Job Corps center is located. 


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1 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 

2 ‘‘(1) IN GENERAL.—A workforce council shall be 

3 comprised of— 

4 ‘‘(A) business members of the State board 

5 described in section 111(b)(1)(B)(i); 

6 ‘‘(B) business members of the local boards 

7 described in section 117(b)(2)(A) located in the 

8 State; 

9 ‘‘(C) a representative of the State board de10 scribed in section 111(f); and 

11 ‘‘(D) such other representatives and State 

12 agency officials as the Governor may designate. 

‘‘(2) MAJORITY.—A 2 13 ⁄3 majority of the members 

14 of the workforce council shall be representatives de15 scribed in paragraph (1)(A). 

16 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

17 workforce council shall be— 

18 ‘‘(1) to review all the relevant labor market in19 formation, including related information in the State 

20 plan described in section 112, to— 

21 ‘‘(A) determine the in-demand industries in 

22 the State in which enrollees intend to seek em23 ployment after graduation; 


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1 ‘‘(B) determine the skills and education that 

2 are necessary to obtain the employment opportu3 nities described in subparagraph (A); and 

4 ‘‘(C) determine the type or types of career 

5 and technical education and training that will 

6 be implemented at the center to enable the enroll7 ees to obtain the employment opportunities; and 

8 ‘‘(2) to meet at least once a year to reevaluate 

9 the labor market information, and other relevant in10 formation, to determine any necessary changes in the 

11 career and technical education and training provided 

12 at the center.’’. 

13 SEC. 127. TECHNICAL ASSISTANCE. 

14 Section 156 (29 U.S.C. 2896) is amended to read as 

15 follows: 

16 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

17 ‘‘(a) IN GENERAL.—From the funds reserved under 

18 section 132(a)(3), the Secretary shall provide, directly or 

19 through grants, contracts, or other agreements or arrange20 ments as the Secretary considers appropriate, technical as21 sistance and training for the Job Corps program for the 

22 purposes of improving program quality. 

23 ‘‘(b) ACTIVITIES.—In providing training and tech24 nical assistance and for allocating resources for such assist25 ance, the Secretary shall— 


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1 ‘‘(1) assist entities, including those entities not 

2 currently operating a Job Corps center, in developing 

3 the application described in section 147(d); 

4 ‘‘(2) assist Job Corps centers and programs in 

5 correcting deficiencies and violations under this sub6 title; 

7 ‘‘(3) assist Job Corps centers and programs in 

8 meeting or exceeding the indicators of performance 

9 described in paragraph (1) and (2) of section 159(c); 

10 and 

11 ‘‘(4) assist Job Corps centers and programs in 

12 the development of sound management practices, in13 cluding financial management procedures.’’. 

14 SEC. 128. SPECIAL PROVISIONS. 

15 Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended 

16 by striking ‘‘title II of the Federal Property and Adminis17 trative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and 

18 inserting ‘‘chapter of 5 title 40, United States Code,’’. 

19 SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

20 Section 159 (29 U.S.C. 2899) is amended— 

21 (1) in the section heading, by striking ‘‘MAN22 AGEMENT INFORMATION’’ and inserting ‘‘PER23 FORMANCE ACCOUNTABILITY AND MANAGE24 MENT’’; 


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1 (2) in subsection (a)(3), by inserting before the 

2 period at the end the following: ‘‘, or operating costs 

3 for such centers result in a budgetary shortfall’’; 

4 (3) by striking subsections (c) through (g); and 

5 (4) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) INDICATORS OF PERFORMANCE.— 

8 ‘‘(1) PRIMARY INDICATORS.—The annual pri9 mary indicators of performance for Job Corps centers 

10 shall include— 

11 ‘‘(A) the percentage and number of enrollees 

12 who graduate from the Job Corps center; 

13 ‘‘(B) the percentage and number of grad14 uates who entered unsubsidized employment re15 lated to the career and technical education and 

16 training received through the Job Corps center, 

17 except that such calculation shall not include en18 rollment in education, the military or volunteer 

19 service; 

20 ‘‘(C) the percentage and number of grad21 uates who obtained a recognized postsecondary 

22 credential, including an industry-recognized cre23 dential or a registered apprenticeship; and 

24 ‘‘(D) the cost per successful performance 

25 outcome, which is calculated by comparing the 


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1 number of graduates who were placed in unsub2 sidized employment or obtained a recognized cre3 dential, including an industry-recognized creden4 tial, to total program costs, including all oper5 ations, construction, and administration costs at 

6 each Job Corp center. 

7 ‘‘(2) SECONDARY INDICATORS.—The annual sec8 ondary indicators of performance for Job Corps cen9 ters shall include— 

10 ‘‘(A) the percentage and number of grad11 uates who entered unsubsidized employment not 

12 related to the career and technical education and 

13 training received through the Job Corps center; 

14 ‘‘(B) the percentage and number of grad15 uates who entered into postsecondary education; 

16 ‘‘(C) the percentage and number of grad17 uates who entered into the military; 

18 ‘‘(D) the average wage of graduates who are 

19 in unsubsidized employment— 

20 ‘‘(i) on the first day of employment; 

21 and 

22 ‘‘(ii) 6 months after the first day; 

23 ‘‘(E) the number and percentage of grad24 uates who entered unsubsidized employment and 

25 were retained in the unsubsidized employment— 


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1 ‘‘(i) 6 months after the first day of em2 ployment; and 

3 ‘‘(ii) 12 months after the first day of 

4 employment; 

5 ‘‘(F) the percentage and number of enrollees 

6 compared to the percentage and number of en7 rollees the Secretary has established targets in 

8 section 145(c)(1); 

9 ‘‘(G) the cost per training slot, which is cal10 culated by comparing the program’s maximum 

11 number of students that can be enrolled in a Job 

12 Corps center at any given time during the pro13 gram year to the number of enrollees in the same 

14 program year; and 

15 ‘‘(H) the number and percentage of former 

16 enrollees, including the number dismissed under 

17 the zero tolerance policy described in section 

18 152(b). 

19 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE20 CRUITERS.—The annual indicators of performance for 

21 recruiters shall include the measurements described in 

22 subparagraph (A) of paragraph (1) and subpara23 graphs (F), (G), and (H) of paragraph (2). 

24 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

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1 cators of performance of career transition service pro2 viders shall include the measurements described in 

3 subparagraphs (B) and (C) of paragraph (1) and 

4 subparagraphs, (B), (C), (D), and (E) of paragraph 

5 (2). 

6 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary shall 

7 collect, and submit in the report described in subsection (f), 

8 information on the performance of each Job Corps center, 

9 and the Job Corps program, regarding— 

10 ‘‘(1) the number and percentage of former enroll11 ees who obtained a regular secondary school diploma; 

12 ‘‘(2) the number and percentage of former enroll13 ees who entered unsubsidized employment; 

14 ‘‘(3) the number and percentage of former enroll15 ees who obtained a recognized postsecondary creden16 tial, including an industry-recognized credential; 

17 ‘‘(4) the number and percentage of former enroll18 ees who entered into military service; and 

19 ‘‘(5) any additional information required by the 

20 Secretary. 

21 ‘‘(e) METHODS.—The Secretary shall collect the infor22 mation described in subsections (c) and (d), using methods 

23 described in section 136(i)(2) and consistent with State law, 

24 by entering into agreements with the States to access such 


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1 data for Job Corps enrollees, former enrollees, and grad2 uates. 

3 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

4 ‘‘(1) REPORT.—The Secretary shall collect and 

5 annually submit to the Committee on Education and 

6 the Workforce of the House of Representatives and the 

7 Committee on Health, Education. Labor and Pen8 sions of the Senate, as well as make available to the 

9 public by electronic means, a report containing— 

10 ‘‘(A) information on the performance of 

11 each Job Corps center, and the Job Corps pro12 gram, on the performance indicators described in 

13 paragraphs (1) and (2) of subsection (c); 

14 ‘‘(B) a comparison of each Job Corps cen15 ter, by rank, on the performance indicators de16 scribed in paragraphs (1) and (2) of subsection 

17 (c); 

18 ‘‘(C) a comparison of each Job Corps center, 

19 by rank, on the average performance of all pri20 mary indicators described in paragraph (1) of 

21 subsection (c); 

22 ‘‘(D) information on the performance of the 

23 service providers described in paragraphs (3) 

24 and (4) of subsection (c) on the performance in25 dicators established under such paragraphs; and 


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1 ‘‘(E) a comparison of each service provider, 

2 by rank, on the performance of all service pro3 viders described in paragraphs (3) and (4) of 

4 subsection (c) on the performance indicators es5 tablished under such paragraphs. 

6 ‘‘(2) ASSESSMENT.—The Secretary shall conduct 

7 an annual assessment of the performance of each Job 

8 Corps center which shall include information on the 

9 Job Corps centers that— 

10 ‘‘(A) are ranked in the bottom 10 percent on 

11 the performance indicator described in para12 graph (1)(C); or 

13 ‘‘(B) have failed a safety and health code re14 view described in subsection (g). 

15 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re16 spect to a Job Corps center that is identified under 

17 paragraph (2) or reports less than 50 percent on the 

18 performance indicators described in subparagraphs 

19 (A), (B), or (C) of subsection (c)(1), the Secretary 

20 shall develop and implement a 1 year performance 

21 improvement plan. Such a plan shall require action 

22 including— 

23 ‘‘(A) providing technical assistance to the 

24 center; 


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1 ‘‘(B) changing the management staff of the 

2 center; 

3 ‘‘(C) replacing the operator of the center; 

4 ‘‘(D) reducing the capacity of the center; or 

5 ‘‘(E) closing the center. 

6 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

7 Corps centers that have been identified under para8 graph (2) for more than 4 consecutive years shall be 

9 closed. The Secretary shall ensure— 

10 ‘‘(A) that the proposed decision to close the 

11 center is announced in advance to the general 

12 public through publication in the Federal Reg13 ister and other appropriate means; and 

14 ‘‘(B) the establishment of a reasonable com15 ment period, not to exceed 30 days, for interested 

16 individuals to submit written comments to the 

17 Secretary. 

18 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec19 retary shall enter into an agreement with the General Serv20 ices Administration or the appropriate State agency re21 sponsible for inspecting public buildings and safeguarding 

22 the health of disadvantaged students, to conduct an in-per23 son review of the physical condition and health-related ac24 tivities of each Job Corps center annually. Such review 


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1 shall include a passing rate of occupancy under Federal 

2 and State ordinances.’’. 

3 Subtitle D—National Programs 

4 SEC. 130. TECHNICAL ASSISTANCE. 

5 Section 170 (29 U.S.C. 2915) is amended— 

6 (1) by striking subsection (b); 

7 (2) by striking: 

8 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

9 (3) by redesignating paragraphs (1), (2), and (3) 

10 as subsections (a), (b), and (c) respectively, and mov11 ing such subsections 2 ems to the left; 

12 (4) in subsection (a) (as so redesignated)— 

13 (A) by inserting ‘‘the training of staff pro14 viding rapid response services, the training of 

15 other staff of recipients of funds under this title, 

16 assistance regarding accounting and program 

17 operation practices (when such assistance would 

18 not be duplicative to assistance provided by the 

19 State), technical assistance to States that do not 

20 meet State performance measures described in 

21 section 136,’’ after ‘‘localities,’’; and 

22 (B) by striking ‘‘from carrying out activi23 ties’’ and all that follows up to the period and 

24 inserting ‘‘to implement the amendments made 

25 by the SKILLS Act’’; 


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1 (5) in subsection (b) (as so redesignated)— 

2 (A) by striking ‘‘paragraph (1)’’ and insert3 ing ‘‘subsection (a)’’; 

4 (B) by striking ‘‘, or recipient of financial 

5 assistance under any of sections 166 through 

6 169,’’; and 

7 (C) by striking ‘‘or grant recipient’’; 

8 (6) in subsection (c) (as so redesignated), by 

9 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

10 (a)’’; and 

11 (7) by inserting, after subsection (c) (as so redes12 ignated), the following: 

13 ‘‘(d) BEST PRACTICES COORDINATION.—The Secretary 

14 shall— 

15 ‘‘(1) establish a system through which States 

16 may share information regarding best practices with 

17 regard to the operation of workforce investment ac18 tivities under this Act; and 

19 ‘‘(2) evaluate and disseminate information re20 garding best practices and identify knowledge gaps.’’. 

21 SEC. 131. EVALUATIONS. 

22 Section 172 (29 U.S.C. 2917) is amended— 

23 (1) in subsection (a), by striking ‘‘the Secretary 

24 shall provide for the continuing evaluation of the pro25 grams and activities, including those programs and 


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1 activities carried out under section 171’’ and insert2 ing ‘‘the Secretary, through grants, contracts, or coop3 erative agreements, shall conduct, at least once every 

4 5 years, an independent evaluation of the programs 

5 and activities funded under this Act’’; 

6 (2) in subsection (a)(4) is amended to read as 

7 follows: 

8 ‘‘(4) the impact of receiving services and not re9 ceiving services under such programs and activities 

10 on the community, businesses, and individuals;’’; 

11 (3) in subsection (c) is amended to read as fol12 lows: 

13 ‘‘(c) TECHNIQUES.—Evaluations conducted under this 

14 section shall utilize appropriate and rigorous methodology 

15 and research designs, including the use of control groups 

16 chosen by scientific random assignment methodologies, 

17 quasi-experimental methods, impact analysis and the use 

18 of administrative data. The Secretary shall conduct an im19 pact analysis, as described in subsection (a)(4), of the for20 mula grant program under subtitle B not later than 2015, 

21 and thereafter shall conduct such an analysis not less than 

22 once every four years.’’; 

23 (4) in subsection (e) is amended by striking ‘‘the 

24 Committee on Labor and Human Resources of the 


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1 Senate’’ and inserting ‘‘the Committee on Health, 

2 Education, Labor, and Pensions of the Senate’’; and 

3 (5) by adding at the end, the following: 

4 ‘‘(g) PUBLIC AVAILABILITY.—The results of the evalua5 tions conducted under this section shall be made publicly 

6 available, including by posting such results on the Depart7 ment’s website.’’. 

8 Subtitle E—Administration 

9 SEC. 132. REQUIREMENTS AND RESTRICTIONS. 

10 Section 181 (29 U.S.C. 2931) is amended— 

11 (1) in subsection (b)(6), by striking ‘‘, including 

12 representatives of businesses and of labor organiza13 tions’’; 

14 (2) in subsection (c)(2)(A), in the matter pre15 ceding clause (i), by striking ‘‘shall’’ and inserting 

16 ‘‘may’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘training for’’ and inserting 

19 ‘‘the entry into employment, retention in em20 ployment, or increases in earnings of’’; and 

21 (B) by striking ‘‘subtitle B’’ and inserting 

22 ‘‘this Act’’; 

23 (4) in subsection (f)(4), by striking 

24 ‘‘134(a)(3)(B)’’ and inserting ‘‘134(a)(6)’’; and 

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


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1 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds pro2 vided under this title shall be used by a recipient or sub3 recipient of such funds to pay the salary and bonuses of 

4 an individual, either as direct costs or indirect costs, at 

5 a rate in excess of Level II of the Federal Executive Pay 

6 Schedule (5 U.S.C. 5313). This limitation shall not apply 

7 to vendors providing goods and services as defined in OMB 

8 Circular A–133. Where States are recipients of such funds, 

9 States may establish a lower limit for salaries and bonuses 

10 of those receiving salaries and bonuses from subrecipients 

11 of such funds, taking into account factors including the rel12 ative cost-of-living in the State, the compensation levels for 

13 comparable State or local government employees, and the 

14 size of the organizations that administer the programs. 

15 ‘‘(h) GENERAL AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—The Employment and 

17 Training Administration of the U.S. Department of 

18 Labor (hereinafter in this Act referred to as the ‘Ad19 ministration’) shall administer all programs author20 ized under title I and III of this Act. The Adminis21 tration shall be headed by an Assistant Secretary ap22 pointed by the President by and with the advice and 

23 consent of the Senate. Except for titles II and IV, the 

24 Administration shall be the principal agency, and the 


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1 Assistant Secretary shall be the principal officer, of 

2 such Department for carrying out this Act. 

3 ‘‘(2) QUALIFICATIONS.—The Assistant Secretary 

4 shall be an individual with substantial experience in 

5 workforce development and in workforce development 

6 management. The Assistant Secretary shall also, to 

7 the maximum extent possible, possess knowledge and 

8 have worked in or with the State or local workforce 

9 investment system or have been a member of the busi10 ness community. In the performance of the functions 

11 of the office, the Assistant Secretary shall be directly 

12 responsible to the Secretary or the Under Secretary as 

13 designed by the Secretary. The functions of the Assist14 ant Secretary shall not be delegated to any officer not 

15 directly responsible, both with respect to program op16 eration and administration, to the Assistant Sec17 retary. Any reference in this Act to duties to be car18 ried out by the Assistant Secretary shall be considered 

19 to be a reference to duties to be carried out by the 

20 Secretary acting through the Assistant Secretary.’’. 

21 SEC. 133. PROMPT ALLOCATION OF FUNDS. 

22 Section 182 (29 U.S.C. 2932) is amended— 

23 (1) in subsection (c), by striking ‘‘127 or’’; and 

24 (2) in subsection (e)— 


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1 (A) by striking ‘‘sections 128 and 133’’ and 

2 inserting ‘‘section 133’’; and 

3 (B) by striking ‘‘127 or’’. 

4 SEC. 134. FISCAL CONTROLS; SANCTIONS. 

5 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amend6 ed— 

7 (1) by striking ‘‘(A)’’ and all that follows 

8 through ‘‘Each’’ and inserting ‘‘Each’’; and 

9 (2) by striking subparagraph (B). 

10 SEC. 135. REPORTS TO CONGRESS. 

11 Section 185 (29 U.S.C. 2935) is amended— 

12 (1) in subsection (c)— 

13 (A) in paragraph (2), by striking ‘‘and’’ 

14 after the semicolon; 

15 (B) in paragraph (3), by striking the period 

16 and inserting ‘‘; and’’; and 

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

18 ‘‘(4) shall have the option to submit or dissemi19 nate electronically any reports, records, plans, or any 

20 other data that are required to be collected or dissemi21 nated under this title.’’; and 

22 (2) in subsection (e)(2), by inserting ‘‘and the 

23 Secretary shall submit to the Committee on Edu24 cation and the Workforce of the House of Representa25 tives and the Committee on Health, Education, 


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1 Labor, and Pensions of the Senate,’’ after ‘‘Sec2 retary,’’. 

3 SEC. 136. ADMINISTRATIVE PROVISIONS. 

4 Section 189 (29 U.S.C. 2939) is amended— 

5 (1) in subsection (g)— 

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

7 follows: 

8 ‘‘(1) IN GENERAL.—Appropriations for any fis9 cal year for programs and activities carried out 

10 under this title shall be available for obligation only 

11 on the basis of a program year. The program year 

12 shall begin on October 1 in the fiscal year for which 

13 the appropriation is made.’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘each State’’ and insert16 ing ‘‘each recipient’’; and 

17 (ii) by striking ‘‘171 or’’; 

18 (2) in subsection (i)— 

19 (A) by striking paragraphs (2) and (3); 

20 (B) by redesignating paragraph (4) as 

21 paragraph (2); 

22 (C) by amending paragraph (2)(A), as so 

23 redesignated— 

24 (i) by striking ‘‘requirements of sub25 paragraph (B)’’ and all that follows through 


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1 ‘‘any of the statutory or regulatory require2 ments of subtitle B’’ and inserting ‘‘require3 ments of subparagraph (B) or (D), any of 

4 the statutory or regulatory requirements of 

5 subtitle B’’; 

6 (ii) by striking clause (ii); and 

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

8 and inserting a period at the end; and 

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

10 ‘‘(D) EXPEDITED PROCESS FOR EXTENDING

11 APPROVED WAIVERS TO ADDITIONAL STATES.— 

12 In lieu of the requirements of subparagraphs (B) 

13 and (C), the Secretary may establish an expe14 dited procedure for the purpose of extending to 

15 additional States the waiver of statutory or regu16 latory requirements that have been approved for 

17 a State pursuant to a request under subpara18 graph (B). Such procedure shall ensure that the 

19 extension of such waivers to additional States 

20 are accompanied by appropriate conditions re21 lating the implementation of such waivers. 

22 ‘‘(E) EXTERNAL CONDITIONS.—The Sec23 retary shall not require or impose new or addi24 tional requirements, which are not specified 

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1 viding a waiver to the State or a local area in 

2 the State under this paragraph.’’. 

3 SEC. 137. STATE LEGISLATIVE AUTHORITY. 

4 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

5 (1) by striking ‘‘consistent with the provisions of 

6 this title’’ and inserting ‘‘consistent with State law 

7 and the provisions of this title’’; and 

8 (2) by striking ‘‘consistent with the terms and 

9 conditions required under this title’’ and inserting 

10 ‘‘consistent with State law and the terms and condi11 tions required under this title’’. 

12 SEC. 138. GENERAL PROGRAM REQUIREMENTS. 

13 Section 195 (29 U.S.C. 2945) is amended— 

14 (1) in paragraph (7), by inserting at the end the 

15 following: 

16 ‘‘(D) Funds received by a public or private non17 profit entity that are not described in paragraph (B), 

18 such as funds privately raised from philanthropic 

19 foundations, businesses, or other private entities, shall 

20 not be considered to be income under this title and 

21 shall not be subject to the requirements of this sec22 tion.’’; and 

23 (2) by adding at the end the following new para24 graphs: 


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1 ‘‘(14) Funds provided under this title shall not 

2 be used to establish or operate stand-alone fee-for-serv3 ice enterprises that compete with private sector em4 ployment agencies within the meaning of section 

5 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

6 2000e(c)), except that for purposes of this paragraph, 

7 such an enterprise does not include one-stop centers. 

8 ‘‘(15) Any report required to be submitted to 

9 Congress, or to a Committee of Congress, under this 

10 title shall be submitted to both the chairmen and 

11 ranking minority members of the Committee on Edu12 cation and the Workforce of the House of Representa13 tives and the Committee on Health, Education, 

14 Labor, and Pensions of the Senate.’’. 

15 SEC. 139. FEDERAL AGENCY STAFF. 

16 Subtitle E of title I (29 U.S.C. 2931 et seq.) is amend17 ed by adding at the end the following new sections: 

18 ‘‘SEC. 196. FEDERAL AGENCY STAFF. 

19 ‘‘The Director of the Office of Management and Budget 

20 shall— 

21 ‘‘(1) not later than 60 days after the date of the 

22 enactment of the SKILLS Act— 

23 ‘‘(A) identify the number of Federal govern24 ment employees who work on or administer each 

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1 pealed under section 401 of the SKILLS Act, as 

2 such programs were in effect on the day before 

3 such date of enactment; and 

4 ‘‘(B) identify the number of full-time equiv5 alent employees who work on or administer each 

6 of the programs authorized under this Act or re7 pealed under section 401 of the SKILLS Act, as 

8 such programs were in effect on the day before 

9 such date of enactment, and that have been 

10 eliminated or consolidated on or after such date 

11 of enactment; 

12 ‘‘(2) not later than 90 after such date of enact13 ment, publish the information described in paragraph 

14 (1) on the Office of Management and Budget website; 

15 ‘‘(3) not later than 1 year after such date of en16 actment— 

17 ‘‘(A) reduce the workforce of the Federal 

18 Government by the number of full-time equiva19 lent employees identified under paragraph 

20 (1)(B); and 

21 ‘‘(B) submit to Congress a report on how 

22 the Director carried out the requirements of sub23 paragraph (A). 


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1 ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL 

2 ACTIVITIES. 

3 ‘‘(a) LOBBYING RESTRICTIONS.— 

4 ‘‘(1) PUBLICITY RESTRICTIONS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), no funds provided under this Act 

7 shall be used or proposed for use, for— 

8 ‘‘(i) publicity or propaganda purposes; 

9 or 

10 ‘‘(ii) the preparation, distribution, or 

11 use of any kit, pamphlet, booklet, publica12 tion, electronic communication, radio, tele13 vision, or video presentation designed to 

14 support or defeat the enactment of legisla15 tion before the Congress or any State or 

16 local legislature or legislative body. 

17 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

18 not apply to— 

19 ‘‘(i) normal and recognized executive20 legislative relationships; 

21 ‘‘(ii) the preparation, distribution, or 

22 use of the materials described in subpara23 graph (A)(ii) in presentation to the Con24 gress or any State or local legislature (ex25 cept that this subparagraph does not apply 

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1 tion, or use in presentation to the executive 

2 branch of any State or local government); 

3 or 

4 ‘‘(iii) if such materials are designed to 

5 support or defeat any proposed or pending 

6 regulation, administrative action, or order 

7 issued by the executive branch of any State 

8 or local government. 

9 ‘‘(2) SALARY PAYMENT RESTRICTION.—No funds 

10 provided under this Act shall be used, or proposed for 

11 use, to pay the salary or expenses of any grant or 

12 contract recipient, or agent acting for such recipient, 

13 related to any activity designed to influence the en14 actment of legislation, appropriations, regulations, 

15 administrative action, or executive order proposed or 

16 pending before the Congress or any State government, 

17 or State legislature or local legislature or legislative 

18 body, other than for normal and recognized executive19 legislative relationships or participation by an agen20 cy or officer of a State, local, or tribal government in 

21 policymaking and administrative processes within the 

22 executive branch of that government. 

23 ‘‘(b) POLITICAL RESTRICTIONS.— 


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1 ‘‘(1) IN GENERAL.—No funds received by a par2 ticipant of a program or an activity under this Act 

3 shall be used for— 

4 ‘‘(A) any partisan or nonpartisan political 

5 activity or any other political activity associated 

6 with a candidate, or contending faction or 

7 group, in an election for public or party office; 

8 or 

9 ‘‘(B) any activity to provide voters with 

10 transportation to the polls or similar assistance 

11 in connection with any such election. 

12 ‘‘(2) DEFINITION.—For the purposes of this sub13 section, the term ‘participant’ includes any State, 

14 local area, or governmental, nonprofit, or for-profit 

15 entity receiving funds under this Act. 

16 ‘‘(3) RESTRICTION ON VOTER REGISTRATION AC17 TIVITIES.—No funds under this Act shall be used to 

18 conduct voter registration activities.’’. 

19 Subtitle F—State Unified Plan 

20 SEC. 140. STATE UNIFIED PLAN. 

21 Section 501 (20 U.S.C. 9271) is amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 


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1 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall re2 ceive and approve State unified plans developed and sub3 mitted under this section.’’; 

4 (2) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) STATE UNIFIED PLAN.— 

7 ‘‘(1) IN GENERAL.—A State may develop and 

8 submit to the Secretary a State unified plan for 2 or 

9 more of the activities or programs set forth in para10 graph (2). The State unified plan shall cover one or 

11 more of the activities set forth in subparagraphs (A) 

12 and (B) of paragraph (2) and may cover one or more 

13 of the activities set forth in subparagraphs (C) 

14 through (N) of paragraph (2). For purposes of this 

15 paragraph, the activities and programs described in 

16 subparagraphs (A) and (B) of paragraph (2) shall 

17 not be considered to be 2 or more activities or pro18 grams for purposes of the unified plan. Such activi19 ties or programs shall be considered to be 1 activity 

20 or program. 

21 ‘‘(2) ACTIVITIES AND PROGRAMS.—The activities 

22 and programs referred to in paragraph (1) are as fol23 lows: 

24 ‘‘(A) Programs and activities authorized 

25 under title I. 


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1 ‘‘(B) Programs and activities authorized 

2 under title II. 

3 ‘‘(C) Programs authorized under the Reha4 bilitation Act of 1973. 

5 ‘‘(D) Secondary career education programs 

6 authorized under the Carl D. Perkins Career and 

7 Applied Technology Education Act. 

8 ‘‘(E) Postsecondary career education pro9 grams authorized under the Carl D. Perkins Ca10 reer and Applied Technology Education Act. 

11 ‘‘(F) Programs and activities authorized 

12 under title II of the Trade Act of 1974. 

13 ‘‘(G) National Apprenticeship Act of 1937. 

14 ‘‘(H) Programs authorized under the Com15 munity Services Block Grant Act. 

16 ‘‘(I) Programs authorized under the part A 

17 of title IV of the Social Security Act. 

18 ‘‘(J) Programs authorized under State un19 employment compensation laws (in accordance 

20 with applicable Federal law). 

21 ‘‘(K) Work programs authorized under sec22 tion 6(o) of the Food Stamp Act of 1977. 

23 ‘‘(L) Programs and activities authorized 

24 title I of the Housing and Community Develop25 ment Act of 1974. 


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1 ‘‘(M) Programs and activities authorized 

2 under the Public Workers and Economic Devel3 opment Act of 1965. 

4 ‘‘(N) Activities as defined under chapter 41 

5 of title 38, United States Code.’’; 

6 (3) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) APPROVAL.— 

9 ‘‘(1) JURISDICTION.—In approving a State uni10 fied plan under this section, the Secretary shall— 

11 ‘‘(A) submit the portion of the State unified 

12 plan covering an activity or program described 

13 in subsection (b)(2) to the head of the Federal 

14 agency who exercises administrative authority 

15 over the activity or program for the approval of 

16 such portion by such Federal agency head; or 

17 ‘‘(B) coordinate approval of the portion of 

18 the State unified plan covering an activity or 

19 program described in subsection (b)(2) with the 

20 head of the Federal agency who exercises admin21 istrative authority over the activity or program. 

22 ‘‘(2) TIMELINE.—A State unified plan shall be 

23 considered to be approved by the Secretary at the end 

24 of the 90-day period beginning on the day the Sec25 retary receives the plan, unless the Secretary makes a 


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1 written determination, during the 90-day period, that 

2 details how the plan is not consistent with the re3 quirements of the Federal statute authorizing an ac4 tivity or program described in subsection (b)(2) and 

5 covered under the plan or how the plan is not con6 sistent with the requirements of subsection (c)(3).’’; 

7 and 

8 (4) by adding at the end the following: 

9 ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAINING

10 FUNDS.— 

11 ‘‘(1) PURPOSE.—It is the purpose of this sub12 section to reduce inefficiencies in the administration 

13 of federally-funded State and local employment and 

14 training programs. 

15 ‘‘(2) IN GENERAL.—In developing a State uni16 fied plan for the activities or programs described in 

17 subsection (b)(2) and subject to paragraph (4) and the 

18 State plan approval process under subsection (d), a 

19 State may propose to consolidate the amount, in 

20 whole or part, provided for the activities or programs 

21 dedicated to employment and training into the Work22 force Investment Fund under section 132(b) to im23 prove the administration of State and local employ24 ment and training programs. 


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1 ‘‘(3) REQUIREMENTS.—A State with a State 

2 unified plan approved under subsection (d) for pur3 poses of consolidation under paragraph (2) and that 

4 is carrying out such consolidation shall— 

5 ‘‘(A) continue to meet the program require6 ments, limitations, and prohibitions of any Fed7 eral statute authorizing the activity or program 

8 consolidated into the Workforce Investment 

9 Fund; 

10 ‘‘(B) meet the intent and purpose of the ac11 tivity or program consolidated into the Work12 force Investment Fund; and 

13 ‘‘(C) continue to make reservations and al14 lotments under subsections (a) and (b) of section 

15 133. 

16 ‘‘(4) EXCEPTIONS.—A State may not consolidate 

17 funds under paragraph (2) that are allocated to the 

18 State under— 

19 ‘‘(A) the Carl D. Perkins Career and Tech20 nical Education Act of 2006; or 

21 ‘‘(B) the Rehabilitation Act of 1973.’’. 


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1 TITLE II—ADULT EDUCATION 

2 AND FAMILY LITERACY EDU3 CATION 

4 SEC. 201. AMENDMENT. 

5 Title II (20 U.S.C. 2901 et seq.) is amended to read 

6 as follows: 

7 ‘‘TITLE II—ADULT EDUCATION 

8 AND FAMILY LITERACY EDU9 CATION 

10 ‘‘SEC. 201. SHORT TITLE. 

11 ‘‘This title may be cited as the ‘Adult Education and 

12 Family Literacy Education Act’. 

13 ‘‘SEC. 202. PURPOSE. 

14 ‘‘It is the purpose of this title to provide instructional 

15 opportunities for adults seeking to improve their literacy 

16 skills, including their basic reading, writing, speaking, and 

17 math skills, and support States and local communities in 

18 providing, on a voluntary basis, adult education and fam19 ily literacy education programs, in order to— 

20 ‘‘(1) increase the literacy of adults, including the 

21 basic reading, writing, speaking, and math skills, to 

22 a level of proficiency necessary for adults to obtain 

23 employment and self-sufficiency and to successfully 

24 advance in the workforce; 


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1 ‘‘(2) assist adults in the completion of a sec2 ondary school education (or its equivalent) and the 

3 transition to a postsecondary educational institution; 

4 ‘‘(3) assist adults who are parents to enable them 

5 to support the educational development of their chil6 dren and make informed choices regarding their chil7 dren’s education including, through instruction in 

8 basic reading, writing, speaking, and math skills; and 

9 ‘‘(4) assist adults who are not proficient in 

10 English in improving their reading, writing, speak11 ing, listening, comprehension, and math skills. 

12 ‘‘SEC. 203. DEFINITIONS. 

13 ‘‘In this title: 

14 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

15 EDUCATION PROGRAMS.—The term ‘adult education 

16 and family literacy education programs’ means a se17 quence of academic instruction and educational serv18 ices below the postsecondary level that increase an in19 dividual’s ability to read, write, and speak English 

20 and perform mathematical computations leading to a 

21 level of proficiency equivalent to at least a secondary 

22 school completion that is provided for individuals— 

23 ‘‘(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 or its equivalent and have not 

11 achieved an equivalent level of education; or 

12 ‘‘(iii) are English learners. 

13 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

14 agency’— 

15 ‘‘(A) means the primary entity or agency in 

16 a State or an outlying area responsible for ad17 ministering or supervising policy for adult edu18 cation and family literacy education programs 

19 in the State or outlying area, respectively, con20 sistent with the law of the State or outlying 

21 area, respectively; and 

22 ‘‘(B) may be the State educational agency, 

23 the State agency responsible for administering 

24 workforce investment activities, or the State 


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1 agency responsible for administering community 

2 or technical colleges. 

3 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

4 provider’ means an organization of demonstrated ef5 fectiveness which is— 

6 ‘‘(A) a local educational agency; 

7 ‘‘(B) a community-based or faith-based or8 ganization; 

9 ‘‘(C) a volunteer literacy organization; 

10 ‘‘(D) an institution of higher education; 

11 ‘‘(E) a public or private educational agen12 cy; 

13 ‘‘(F) a library; 

14 ‘‘(G) a public housing authority; 

15 ‘‘(H) an institution that is not described in 

16 any of subparagraphs (A) through (G) and has 

17 the ability to provide adult education, basic 

18 skills, and family literacy education programs to 

19 adults and families; or 

20 ‘‘(I) a consortium of the agencies, organiza21 tions, institutions, libraries, or authorities de22 scribed in any of subparagraphs (A) through 

23 (H). 


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1 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO2 GRAM.—The term ‘English language acquisition pro3 gram’ means a program of instruction— 

4 ‘‘(A) designed to help English learners 

5 achieve competence in reading, writing, speak6 ing, and comprehension of the English language; 

7 and 

8 ‘‘(B) that may lead to— 

9 ‘‘(i) attainment of a secondary school 

10 diploma or its recognized equivalent; 

11 ‘‘(ii) transition to success in postsec12 ondary education and training; and 

13 ‘‘(iii) employment or career advance14 ment. 

15 ‘‘(5) FAMILY LITERACY EDUCATION PROGRAM.— 

16 The term ‘family literacy education program’ means 

17 an educational program that— 

18 ‘‘(A) assists parents and students, on a vol19 untary basis, in achieving the purposes of this 

20 title as described in section 202; and 

21 ‘‘(B) is of sufficient intensity in terms of 

22 hours and of sufficient quality to make sustain23 able changes in a family, is evidence-based, and, 

24 for the purpose of substantially increasing the 


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1 ability of parents and children to read, write, 

2 and speak English, 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 chil7 dren and full partners in the education of 

8 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 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

15 the chief executive officer of a State or outlying area. 

16 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 

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

18 with a disability’ means an individual with any 

19 disability (as defined in section 3 of the Ameri20 cans with Disabilities Act of 1990). 

21 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

22 The term ‘individuals with disabilities’ means 

23 more than one individual with a disability. 

24 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

25 learner’ means an adult or out-of-school youth who 


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1 has limited ability in reading, writing, speaking, or 

2 understanding the English language, and— 

3 ‘‘(A) whose native language is a language 

4 other than English; or 

5 ‘‘(B) who lives in a family or community 

6 environment where a language other than 

7 English is the dominant language. 

8 ‘‘(9) INTEGRATED EDUCATION AND TRAINING.— 

9 The term ‘integrated education and training’ means 

10 services that provide adult education and literacy ac11 tivities contextually and concurrently with workforce 

12 preparation activities and workforce training for a 

13 specific occupation or occupational cluster. Such serv14 ices may include offering adult education services 

15 concurrent with postsecondary education and train16 ing, including through co-instruction. 

17 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 101 of the Higher 

20 Education Act of 1965. 

21 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

22 individual’s ability to read, write, and speak in 

23 English, compute, and solve problems at a level of 

24 proficiency necessary to obtain employment and to 


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1 successfully make the transition to postsecondary edu2 cation. 

3 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The term 

4 ‘local educational agency’ has the meaning given the 

5 term in section 9101 of the Elementary and Sec6 ondary Education Act of 1965. 

7 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

8 area’ has the meaning given the term in section 101 

9 of this Act. 

10 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU11 TION.—The term ‘postsecondary educational institu12 tion’ means— 

13 ‘‘(A) an institution of higher education that 

14 provides not less than a 2-year program of in15 struction that is acceptable for credit toward a 

16 bachelor’s degree; 

17 ‘‘(B) a tribally controlled community col18 lege; or 

19 ‘‘(C) a nonprofit educational institution of20 fering certificate or apprenticeship programs at 

21 the postsecondary level. 

22 ‘‘(15) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Education. 


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1 ‘‘(16) STATE.—The term ‘State’ means each of 

2 the several States of the United States, the District of 

3 Columbia, and the Commonwealth of Puerto Rico. 

4 ‘‘(17) STATE EDUCATIONAL AGENCY.—The term 

5 ‘State educational agency’ has the meaning given the 

6 term in section 9101 of the Elementary and Sec7 ondary Education Act of 1965. 

8 ‘‘(18) 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 of 

14 reading, writing, speaking, and math skills. 

15 ‘‘SEC. 204. HOME SCHOOLS. 

16 ‘‘Nothing in this title shall be construed to affect home 

17 schools, whether or not a home school is treated as a home 

18 school or a private school under State law, or to compel 

19 a parent engaged in home schooling to participate in adult 

20 education and family literacy education activities under 

21 this title. 

22 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to carry out 

24 this title, $606,294,933 for fiscal years 2014 and for each 

25 of the 6 succeeding fiscal years. 


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1 ‘‘Subtitle A—Federal Provisions 

2 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

3 AGENCIES; ALLOTMENTS. 

4 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap5 propriated under section 205 for a fiscal year, the Secretary 

6 shall reserve 2.0 percent to carry out section 242. 

7 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

8 ‘‘(1) IN GENERAL.—From the sums appropriated 

9 under section 205 and not reserved under subsection 

10 (a) for a fiscal year, the Secretary shall award a 

11 grant to each eligible agency having a State plan ap12 proved under section 224 in an amount equal to the 

13 sum of the initial allotment under subsection (c)(1) 

14 and the additional allotment under subsection (c)(2) 

15 for the eligible agency for the fiscal year, subject to 

16 subsections (f) and (g). 

17 ‘‘(2) PURPOSE OF GRANTS.—The Secretary may 

18 award a grant under paragraph (1) only if the eligi19 ble agency involved agrees to expend the grant in ac20 cordance with the provisions of this title. 

21 ‘‘(c) ALLOTMENTS.— 

22 ‘‘(1) INITIAL ALLOTMENTS.—From the sums ap23 propriated under section 205 and not reserved under 

24 subsection (a) for a fiscal year, the Secretary shall 


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1 allot to each eligible agency having a State plan ap2 proved under section 224— 

3 ‘‘(A) $100,000, in the case of an eligible 

4 agency serving an outlying area; and 

5 ‘‘(B) $250,000, in the case of any other eli6 gible agency. 

7 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the sums 

8 appropriated under section 205, not reserved under 

9 subsection (a), and not allotted under paragraph (1), 

10 for a fiscal year, the Secretary shall allot to each eli11 gible agency that receives an initial allotment under 

12 paragraph (1) an additional amount that bears the 

13 same relationship to such sums as the number of 

14 qualifying adults in the State or outlying area served 

15 by the eligible agency bears to the number of such 

16 adults in all States and outlying areas. 

17 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub18 section (c)(2), the term ‘qualifying adult’ means an adult 

19 who— 

20 ‘‘(1) is at least 16 years of age; 

21 ‘‘(2) is beyond the age of compulsory school at22 tendance under the law of the State or outlying area; 

23 ‘‘(3) does not have a secondary school diploma or 

24 its recognized equivalent; and 

25 ‘‘(4) is not enrolled in secondary school. 


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1 ‘‘(e) SPECIAL RULE.— 

2 ‘‘(1) IN GENERAL.—From amounts made avail3 able under subsection (c) for the Republic of Palau, 

4 the Secretary shall award grants to Guam, American 

5 Samoa, the Commonwealth of the Northern Mariana 

6 Islands, or the Republic of Palau to carry out activi7 ties described in this title in accordance with the pro8 visions of this title as determined by the Secretary. 

9 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith10 standing any other provision of law, the Republic of 

11 Palau shall be eligible to receive a grant under this 

12 title until an agreement for the extension of United 

13 States education assistance under the Compact of 

14 Free Association for the Republic of Palau becomes ef15 fective. 

16 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

18 (c) and subject to paragraph (2), for— 

19 ‘‘(A) fiscal year 2014, no eligible agency 

20 shall receive an allotment under this title that is 

21 less than 90 percent of the allotment the eligible 

22 agency received for fiscal year 2012 under this 

23 title; and 

24 ‘‘(B) fiscal year 2015 and each succeeding 

25 fiscal year, no eligible agency shall receive an alVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 lotment under this title that is less than 90 per2 cent of the allotment the eligible agency received 

3 for the preceding fiscal year under this title. 

4 ‘‘(2) RATABLE REDUCTION.—If, for any fiscal 

5 year the amount available for allotment under this 

6 title is insufficient to satisfy the provisions of para7 graph (1), the Secretary shall ratable reduce the pay8 ments to all eligible agencies, as necessary. 

9 ‘‘(g) REALLOTMENT.—The portion of any eligible 

10 agency’s allotment under this title for a fiscal year that the 

11 Secretary determines will not be required for the period 

12 such allotment is available for carrying out activities under 

13 this title, shall be available for reallotment from time to 

14 time, on such dates during such period as the Secretary 

15 shall fix, to other eligible agencies in proportion to the origi16 nal allotments to such agencies under this title for such 

17 year. 

18 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

19 ‘‘Programs and activities authorized under this title 

20 are subject to the performance accountability provisions de21 scribed in paragraph (2)(A) and (3) of section 136(b) and 

22 may, at a State’s discretion, include additional indicators 

23 identified in the State plan approved under section 224. 


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1 ‘‘Subtitle B—State Provisions 

2 ‘‘SEC. 221. STATE ADMINISTRATION. 

3 ‘‘Each eligible agency shall be responsible for the fol4 lowing activities under this title: 

5 ‘‘(1) The development, submission, implementa6 tion, and monitoring of the State plan. 

7 ‘‘(2) Consultation with other appropriate agen8 cies, groups, and individuals that are involved in, or 

9 interested in, the development and implementation of 

10 activities assisted under this title. 

11 ‘‘(3) Coordination and avoidance of duplication 

12 with other Federal and State education, training, cor13 rections, public housing, and social service programs. 

14 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE15 QUIREMENT. 

16 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligible 

17 agency receiving a grant under this title for a fiscal year— 

18 ‘‘(1) shall use an amount not less than 82.5 per19 cent of the grant funds to award grants and contracts 

20 under section 231 and to carry out section 225, of 

21 which not more than 10 percent of such amount shall 

22 be available to carry out section 225; 

23 ‘‘(2) shall use not more than 12.5 percent of the 

24 grant funds to carry out State leadership activities 

25 under section 223; and 


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1 ‘‘(3) shall use not more than 5 percent of the 

2 grant funds, or $65,000, whichever is greater, for the 

3 administrative expenses of the eligible agency. 

4 ‘‘(b) MATCHING REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—In order to receive a grant 

6 from the Secretary under section 211(b), each eligible 

7 agency shall provide, for the costs to be incurred by 

8 the eligible agency in carrying out the adult edu9 cation and family literacy education programs for 

10 which the grant is awarded, a non-Federal contribu11 tion in an amount that is not less than— 

12 ‘‘(A) in the case of an eligible agency serv13 ing an outlying area, 12 percent of the total 

14 amount of funds expended for adult education 

15 and family literacy education programs in the 

16 outlying area, except that the Secretary may de17 crease the amount of funds required under this 

18 subparagraph for an eligible agency; and 

19 ‘‘(B) in the case of an eligible agency serv20 ing a State, 25 percent of the total amount of 

21 funds expended for adult education and family 

22 literacy education programs in the State. 

23 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligible 

24 agency’s non-Federal contribution required under 

25 paragraph (1) may be provided in cash or in kind, 


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1 fairly evaluated, and shall include only non-Federal 

2 funds that are used for adult education and family 

3 literacy education programs in a manner that is con4 sistent with the purpose of this title. 

5 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

6 ‘‘(a) IN GENERAL.—Each eligible agency may use 

7 funds made available under section 222(a)(2) for any of 

8 the following adult education and family literacy education 

9 programs: 

10 ‘‘(1) The establishment or operation of profes11 sional development programs to improve the quality 

12 of instruction provided pursuant to local activities re13 quired under section 231(b). 

14 ‘‘(2) The provision of technical assistance to eli15 gible providers of adult education and family literacy 

16 education programs, including for the development 

17 and dissemination of evidence based research instruc18 tional practices in reading, writing, speaking, math, 

19 and English language acquisition programs. 

20 ‘‘(3) The provision of assistance to eligible pro21 viders in developing, implementing, and reporting 

22 measurable progress in achieving the objectives of this 

23 title. 


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1 ‘‘(4) The monitoring and evaluation of the qual2 ity of, and the improvement in, adult education and 

3 literacy activities. 

4 ‘‘(5) The provision of technology assistance, in5 cluding staff training, to eligible providers of adult 

6 education and family literacy education programs, 

7 including distance education activities, to enable the 

8 eligible providers to improve the quality of such ac9 tivities. 

10 ‘‘(6) The development and implementation of 

11 technology applications or distance education, includ12 ing professional development to support the use of in13 structional technology. 

14 ‘‘(7) Coordination with other public programs, 

15 including programs under title I of this Act, and 

16 other welfare-to-work, workforce development, and job 

17 training programs. 

18 ‘‘(8) Coordination with existing support services, 

19 such as transportation, child care, and other assist20 ance designed to increase rates of enrollment in, and 

21 successful completion of, adult education and family 

22 literacy education programs, for adults enrolled in 

23 such activities. 


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1 ‘‘(9) The development and implementation of a 

2 system to assist in the transition from adult basic 

3 education to postsecondary education. 

4 ‘‘(10) Activities to promote workplace literacy 

5 programs. 

6 ‘‘(11) Other activities of statewide significance, 

7 including assisting eligible providers in achieving 

8 progress in improving the skill levels of adults who 

9 participate in programs under this title. 

10 ‘‘(12) Integration of literacy, instructional, and 

11 occupational skill training and promotion of linkages 

12 with employees. 

13 ‘‘(b) COORDINATION.—In carrying out this section, eli14 gible agencies shall coordinate where possible, and avoid du15 plicating efforts, in order to maximize the impact of the 

16 activities described in subsection (a). 

17 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

18 State or outlying area implements any rule or policy relat19 ing to the administration or operation of a program au20 thorized under this title that has the effect of imposing a 

21 requirement that is not imposed under Federal law (includ22 ing any rule or policy based on a State or outlying area 

23 interpretation of a Federal statute, regulation, or guide24 line), the State or outlying area shall identify, to eligible 


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1 providers, the rule or policy as being imposed by the State 

2 or outlying area. 

3 ‘‘SEC. 224. STATE PLAN. 

4 ‘‘(a) 3-YEAR PLANS.— 

5 ‘‘(1) IN GENERAL.—Each eligible agency desiring 

6 a grant under this title for any fiscal year shall sub7 mit to, or have on file with, the Secretary a 3-year 

8 State plan. 

9 ‘‘(2) STATE UNIFIED PLAN.—The eligible agency 

10 may submit the State plan as part of a State unified 

11 plan described in section 501. 

12 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in13 clude in the State plan or any revisions to the State plan— 

14 ‘‘(1) an objective assessment of the needs of indi15 viduals in the State or outlying area for adult edu16 cation and family literacy education programs, in17 cluding individuals most in need or hardest to serve; 

18 ‘‘(2) a description of the adult education and 

19 family literacy education programs that will be car20 ried out with funds received under this title; 

21 ‘‘(3) an assurance that the funds received under 

22 this title will not be expended for any purpose other 

23 than for activities under this title; 

24 ‘‘(4) a description of how the eligible agency will 

25 annually evaluate and measure the effectiveness and 


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1 improvement of the adult education and family lit2 eracy education programs funded under this title 

3 using the indicators of performance described in sec4 tion 136, including how the eligible agency will con5 duct such annual evaluations and measures for each 

6 grant received under this title; 

7 ‘‘(5) a description of how the eligible agency will 

8 fund local activities in accordance with the measur9 able goals described in section 231(d); 

10 ‘‘(6) an assurance that the eligible agency will 

11 expend the funds under this title only in a manner 

12 consistent with fiscal requirements in section 241; 

13 ‘‘(7) a description of the process that will be used 

14 for public participation and comment with respect to 

15 the State plan, which— 

16 ‘‘(A) shall include consultation with the 

17 State workforce investment board, the State 

18 board responsible for administering community 

19 or technical colleges, the Governor, the State edu20 cational agency, the State board or agency re21 sponsible for administering block grants for tem22 porary assistance to needy families under title 

23 IV of the Social Security Act, the State council 

24 on disabilities, the State vocational rehabilita25 tion agency, and other State agencies that proVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 mote the improvement of adult education and 

2 family literacy education programs, and direct 

3 providers of such programs; and 

4 ‘‘(B) may include consultation with the 

5 State agency on higher education, institutions 

6 responsible for professional development of adult 

7 education and family literacy education pro8 grams instructors, representatives of business 

9 and industry, refugee assistance programs, and 

10 faith-based organizations; 

11 ‘‘(8) a description of the eligible agency’s strate12 gies for serving populations that include, at a min13 imum— 

14 ‘‘(A) low-income individuals; 

15 ‘‘(B) individuals with disabilities; 

16 ‘‘(C) the unemployed; 

17 ‘‘(D) the underemployed; and 

18 ‘‘(E) individuals with multiple barriers to 

19 educational enhancement, including English 

20 learners; 

21 ‘‘(9) a description of how the adult education 

22 and family literacy education programs that will be 

23 carried out with any funds received under this title 

24 will be integrated with other adult education, career 

25 development, and employment and training activities 


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1 in the State or outlying area served by the eligible 

2 agency; 

3 ‘‘(10) a description of the steps the eligible agen4 cy will take to ensure direct and equitable access, as 

5 required in section 231(c)(1), including— 

6 ‘‘(A) how the State will build the capacity 

7 of community-based and faith-based organiza8 tions to provide adult education and family lit9 eracy education programs; and 

10 ‘‘(B) how the State will increase the partici11 pation of business and industry in adult edu12 cation and family literacy education programs; 

13 ‘‘(11) an assessment of the adequacy of the sys14 tem of the State or outlying area to ensure teacher 

15 quality and a description of how the State or out16 lying area will use funds received under this subtitle 

17 to improve teacher quality, including evidence-based 

18 professional development to improve instruction; and 

19 ‘‘(12) a description of how the eligible agency 

20 will consult with any State agency responsible for 

21 postsecondary education to develop adult education 

22 that prepares students to enter postsecondary edu23 cation without the need for remediation upon comple24 tion of secondary school equivalency programs. 


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1 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

2 or other factors require substantial revisions to an approved 

3 State plan, the eligible agency shall submit the revisions 

4 of the State plan to the Secretary. 

5 ‘‘(d) CONSULTATION.—The eligible agency shall— 

6 ‘‘(1) submit the State plan, and any revisions to 

7 the State plan, to the Governor, the chief State school 

8 officer, or the State officer responsible for admin9 istering community or technical colleges, or outlying 

10 area for review and comment; and 

11 ‘‘(2) ensure that any comments regarding the 

12 State plan by the Governor, the chief State school offi13 cer, or the State officer responsible for administering 

14 community or technical colleges, and any revision to 

15 the State plan, are submitted to the Secretary. 

16 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

17 ‘‘(1) approve a State plan within 90 days after 

18 receiving the plan unless the Secretary makes a writ19 ten determination within 30 days after receiving the 

20 plan that the plan does not meet the requirements of 

21 this section or is inconsistent with specific provisions 

22 of this subtitle; and 

23 ‘‘(2) not finally disapprove of a State plan before 

24 offering the eligible agency the opportunity, prior to 

25 the expiration of the 30-day period beginning on the 


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1 date on which the eligible agency received the written 

2 determination described in paragraph (3), to review 

3 the plan and providing technical assistance in order 

4 to assist the eligible agency in meeting the require5 ments of this subtitle. 

6 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

7 OTHER INSTITUTIONALIZED INDIVIDUALS. 

8 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

9 available under section 222(a)(1) for a fiscal year, each eli10 gible agency shall carry out corrections education and edu11 cation for other institutionalized individuals. 

12 ‘‘(b) USES OF FUNDS.—The funds described in sub13 section (a) shall be used for the cost of educational programs 

14 for criminal offenders in correctional institutions and for 

15 other institutionalized individuals, including academic 

16 programs for— 

17 ‘‘(1) basic skills education; 

18 ‘‘(2) special education programs as determined 

19 by the eligible agency; 

20 ‘‘(3) reading, writing, speaking, and math pro21 grams; 

22 ‘‘(4) secondary school credit or diploma pro23 grams or their recognized equivalent; and 

24 ‘‘(5) integrated education and training. 


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1 ‘‘(c) PRIORITY.—Each eligible agency that is using as2 sistance provided under this section to carry out a program 

3 for criminal offenders within a correctional institution 

4 shall give priority to serving individuals who are likely to 

5 leave the correctional institution within 5 years of partici6 pation in the program. 

7 ‘‘(d) DEFINITIONS.—For purposes of this section: 

8 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

9 ‘correctional institution’ means any— 

10 ‘‘(A) prison; 

11 ‘‘(B) jail; 

12 ‘‘(C) reformatory; 

13 ‘‘(D) work farm; 

14 ‘‘(E) detention center; or 

15 ‘‘(F) halfway house, community-based reha16 bilitation center, or any other similar institution 

17 designed for the confinement or rehabilitation of 

18 criminal offenders. 

19 ‘‘(2) CRIMINAL OFFENDER.—The term ‘criminal 

20 offender’ means any individual who is charged with, 

21 or convicted of, any criminal offense. 


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1 ‘‘Subtitle C—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 222(a)(1), 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 title 

9 to enable the eligible providers to develop, implement, and 

10 improve adult education and family literacy education pro11 grams within the State. 

12 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall re13 quire eligible providers receiving a grant or contract under 

14 subsection (a) to establish or operate— 

15 ‘‘(1) programs that provide adult education and 

16 literacy activities; 

17 ‘‘(2) programs that provide integrated employ18 ment and training activities; or 

19 ‘‘(3) credit-bearing postsecondary coursework. 

20 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC21 ESS.—Each eligible agency receiving funds under this title 

22 shall ensure that— 

23 ‘‘(1) all eligible providers have direct and equi24 table access to apply for grants or contracts under 

25 this section; and 


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1 ‘‘(2) the same grant or contract announcement 

2 process and application process is used for all eligible 

3 providers in the State or outlying area. 

4 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

5 require eligible providers receiving a grant or contract 

6 under subsection (a) to demonstrate— 

7 ‘‘(1) the eligible provider’s measurable goals for 

8 participant outcomes to be achieved annually on the 

9 core indicators of performance described in section 

10 136(b)(2)(A); 

11 ‘‘(2) the past effectiveness of the eligible provider 

12 in improving the basic academic skills of adults and, 

13 for eligible providers receiving grants in the prior 

14 year, the success of the eligible provider receiving 

15 funding under this title in exceeding its performance 

16 goals in the prior year; 

17 ‘‘(3) the commitment of the eligible provider to 

18 serve individuals in the community who are the most 

19 in need of basic academic skills instruction services, 

20 including individuals with disabilities and individ21 uals who are low-income or have minimal reading, 

22 writing, speaking, and math skills, or are English 

23 learners; 


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1 ‘‘(4) the program is of sufficient intensity and 

2 quality for participants to achieve substantial learn3 ing gains; 

4 ‘‘(5) educational practices are evidence-based; 

5 ‘‘(6) the activities of the eligible provider effec6 tively employ advances in technology, and delivery 

7 systems including distance education; 

8 ‘‘(7) the activities provide instruction in real-life 

9 contexts, including integrated education and training 

10 when appropriate, to ensure that an individual has 

11 the skills needed to compete in the workplace and ex12 ercise the rights and responsibilities of citizenship; 

13 ‘‘(8) the activities are staffed by well-trained in14 structors, counselors, and administrators who meet 

15 minimum qualifications established by the State; 

16 ‘‘(9) the activities are coordinated with other 

17 available resources in the community, such as through 

18 strong links with elementary schools and secondary 

19 schools, postsecondary educational institutions, local 

20 workforce investment boards, one-stop centers, job 

21 training programs, community-based and faith-based 

22 organizations, and social service agencies; 

23 ‘‘(10) the activities offer flexible schedules and 

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1 cluding individuals with disabilities or other special 

2 needs, to attend and complete programs; 

3 ‘‘(11) the activities include a high-quality infor4 mation management system that has the capacity to 

5 report measurable participant outcomes (consistent 

6 with section 136) and to monitor program perform7 ance; 

8 ‘‘(12) the local communities have a demonstrated 

9 need for additional English language acquisition pro10 grams, and integrated education and training pro11 grams; 

12 ‘‘(13) the capacity of the eligible provider to 

13 produce valid information on performance results, in14 cluding enrollments and measurable participant out15 comes; 

16 ‘‘(14) adult education and family literacy edu17 cation programs offer rigorous reading, writing, 

18 speaking, and math content that are evidence based; 

19 and 

20 ‘‘(15) applications of technology, and services to 

21 be provided by the eligible providers, are of sufficient 

22 intensity and duration to increase the amount and 

23 quality of learning and lead to measurable learning 

24 gains within specified time periods. 


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1 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

2 grant funds under this title to serve children participating 

3 in family literacy programs assisted under this part, pro4 vided that other sources of funds available to provide simi5 lar services for such children are used first. 

6 ‘‘SEC. 232. LOCAL APPLICATION. 

7 ‘‘Each eligible provider desiring a grant or contract 

8 under this title shall submit an application to the eligible 

9 agency containing such information and assurances as the 

10 eligible agency may require, including— 

11 ‘‘(1) a description of how funds awarded under 

12 this title will be spent consistent with the require13 ments of this title; 

14 ‘‘(2) a description of any cooperative arrange15 ments the eligible provider has with other agencies, 

16 institutions, or organizations for the delivery of adult 

17 education and family literacy education programs; 

18 and 

19 ‘‘(3) each of the demonstrations required by sec20 tion 231(d). 

21 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

23 amount that is made available under this title to an eligible 

24 provider— 


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1 ‘‘(1) at least 95 percent shall be expended for 

2 carrying out adult education and family literacy edu3 cation programs; and 

4 ‘‘(2) the remaining amount shall be used for 

5 planning, administration, personnel and professional 

6 development, development of measurable goals in 

7 reading, writing, speaking, and math, and inter8 agency coordination. 

9 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

10 described in subsection (a) are too restrictive to allow for 

11 adequate planning, administration, personnel development, 

12 and interagency coordination, the eligible provider may ne13 gotiate with the eligible agency in order to determine an 

14 adequate level of funds to be used for noninstructional pur15 poses. 

16 ‘‘Subtitle D—General Provisions 

17 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

18 ‘‘Funds made available for adult education and family 

19 literacy education programs under this title shall supple20 ment and not supplant other State or local public funds 

21 expended for adult education and family literacy education 

22 programs. 

23 ‘‘SEC. 242. NATIONAL ACTIVITIES. 

24 ‘‘The Secretary shall establish and carry out a pro25 gram of national activities that may include the following: 


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1 ‘‘(1) Providing technical assistance to eligible en2 tities, on request, to— 

3 ‘‘(A) improve their fiscal management, re4 search-based instruction, and reporting require5 ments to carry out the requirements of this title; 

6 ‘‘(B) improve its performance on the core 

7 indicators of performance described in section 

8 136; 

9 ‘‘(C) provide adult education professional 

10 development; and 

11 ‘‘(D) use distance education and improve 

12 the application of technology in the classroom, 

13 including instruction in English language acqui14 sition for English learners. 

15 ‘‘(2) Providing for the conduct of research on na16 tional literacy basic skill acquisition levels among 

17 adults, including the number of adult English learn18 ers functioning at different levels of reading pro19 ficiency. 

20 ‘‘(3) Improving the coordination, efficiency, and 

21 effectiveness of adult education and workforce develop22 ment services at the national, State, and local levels. 

23 ‘‘(4) Determining how participation in adult 

24 education, English language acquisition, and family 

25 literacy education programs prepares individuals for 


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1 entry into and success in postsecondary education 

2 and employment, and in the case of prison-based serv3 ices, the effect on recidivism. 

4 ‘‘(5) Evaluating how different types of providers, 

5 including community and faith-based organizations 

6 or private for-profit agencies measurably improve the 

7 skills of participants in adult education, English lan8 guage acquisition, and family literacy education pro9 grams. 

10 ‘‘(6) Identifying model integrated basic and 

11 workplace skills education programs, including pro12 grams for English learners coordinated literacy and 

13 employment services, and effective strategies for serv14 ing adults with disabilities. 

15 ‘‘(7) Initiating other activities designed to im16 prove the measurable quality and effectiveness of 

17 adult education, English language acquisition, and 

18 family literacy education programs nationwide.’’. 

19 TITLE III—AMENDMENTS TO THE 

20 WAGNER-PEYSER ACT 

21 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

22 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 

23 amended by amending section 15 to read as follows: 


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1 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

2 SYSTEM. 

3 ‘‘(a) SYSTEM CONTENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

5 accordance with the provisions of this section, shall 

6 oversee the development, maintenance, and continuous 

7 improvement of a nationwide workforce and labor 

8 market information system that includes— 

9 ‘‘(A) statistical data from cooperative sta10 tistical survey and projection programs and data 

11 from administrative reporting systems that, 

12 taken together, enumerate, estimate, and project 

13 employment opportunities and conditions at na14 tional, State, and local levels in a timely man15 ner, including statistics on— 

16 ‘‘(i) employment and unemployment 

17 status of national, State, and local popu18 lations, including self-employed, part-time, 

19 and seasonal workers; 

20 ‘‘(ii) industrial distribution of occupa21 tions, as well as current and projected em22 ployment opportunities, wages, benefits 

23 (where data is available), and skill trends 

24 by occupation and industry, with par25 ticular attention paid to State and local 

26 conditions; 


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1 ‘‘(iii) the incidence of, industrial and 

2 geographical location of, and number of 

3 workers displaced by, permanent layoffs 

4 and plant closings; and 

5 ‘‘(iv) employment and earnings infor6 mation maintained in a longitudinal man7 ner to be used for research and program 

8 evaluation; 

9 ‘‘(B) information on State and local em10 ployment opportunities, and other appropriate 

11 statistical data related to labor market dynam12 ics, which— 

13 ‘‘(i) shall be current and comprehen14 sive; 

15 ‘‘(ii) shall meet the needs identified 

16 through the consultations described in sub17 paragraphs (A) and (B) of subsection (e)(2); 

18 and 

19 ‘‘(iii) shall meet the needs for the infor20 mation identified in section 121; 

21 ‘‘(C) technical standards (which the Sec22 retary shall publish annually) for data and in23 formation described in subparagraphs (A) and 

24 (B) that, at a minimum, meet the criteria of 

25 chapter 35 of title 44, United States Code; 


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1 ‘‘(D) procedures to ensure compatibility and 

2 additivity of the data and information described 

3 in subparagraphs (A) and (B) from national, 

4 State, and local levels; 

5 ‘‘(E) procedures to support standardization 

6 and aggregation of data from administrative re7 porting systems described in subparagraph (A) 

8 of employment-related programs; 

9 ‘‘(F) analysis of data and information de10 scribed in subparagraphs (A) and (B) for uses 

11 such as— 

12 ‘‘(i) national, State, and local policy13 making; 

14 ‘‘(ii) implementation of Federal poli15 cies (including allocation formulas); 

16 ‘‘(iii) program planning and evalua17 tion; and 

18 ‘‘(iv) researching labor market dynam19 ics; 

20 ‘‘(G) wide dissemination of such data, in21 formation, and analysis in a user-friendly man22 ner and voluntary technical standards for dis23 semination mechanisms; and 

24 ‘‘(H) programs of— 


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1 ‘‘(i) training for effective data dissemi2 nation; 

3 ‘‘(ii) research and demonstration; and 

4 ‘‘(iii) programs and technical assist5 ance. 

6 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

7 ‘‘(A) IN GENERAL.—No officer or employee 

8 of the Federal Government or agent of the Fed9 eral Government may— 

10 ‘‘(i) use any submission that is fur11 nished for exclusively statistical purposes 

12 under the provisions of this section for any 

13 purpose other than the statistical purposes 

14 for which the submission is furnished; 

15 ‘‘(ii) disclose to the public any publica16 tion or media transmittal of the data con17 tained in the submission described in clause 

18 (i) that permits information concerning an 

19 individual subject to be reasonably inferred 

20 by either direct or indirect means; or 

21 ‘‘(iii) permit anyone other than a 

22 sworn officer, employee, or agent of any 

23 Federal department or agency, or a con24 tractor (including an employee of a con25 tractor) of such department or agency, to 


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1 examine an individual submission described 

2 in clause (i), 

3 without the consent of the individual, agency, or 

4 other person who is the subject of the submission 

5 or provides that submission. 

6 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

7 Any submission (including any data derived 

8 from the submission) that is collected and re9 tained by a Federal department or agency, or an 

10 officer, employee, agent, or contractor of such a 

11 department or agency, for exclusively statistical 

12 purposes under this section shall be immune 

13 from the legal process and shall not, without the 

14 consent of the individual, agency, or other person 

15 who is the subject of the submission or provides 

16 that submission, be admitted as evidence or used 

17 for any purpose in any action, suit, or other ju18 dicial or administrative proceeding. 

19 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in 

20 this section shall be construed to provide immu21 nity from the legal process for such submission 

22 (including any data derived from the submis23 sion) if the submission is in the possession of 

24 any person, agency, or entity other than the Fed25 eral Government or an officer, employee, agent, 


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1 or contractor of the Federal Government, or if 

2 the submission is independently collected, re3 tained, or produced for purposes other than the 

4 purposes of this Act. 

5 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

6 ‘‘(1) IN GENERAL.—The workforce and labor 

7 market information system described in subsection (a) 

8 shall be planned, administered, overseen, and evalu9 ated through a cooperative governance structure in10 volving the Federal Government and States. 

11 ‘‘(2) DUTIES.—The Secretary, with respect to 

12 data collection, analysis, and dissemination of work13 force and labor market information for the system, 

14 shall carry out the following duties: 

15 ‘‘(A) Assign responsibilities within the De16 partment of Labor for elements of the workforce 

17 and labor market information system described 

18 in subsection (a) to ensure that all statistical 

19 and administrative data collected is consistent 

20 with appropriate Bureau of Labor Statistics 

21 standards and definitions. 

22 ‘‘(B) Actively seek the cooperation of other 

23 Federal agencies to establish and maintain 

24 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 mar9 ket information system described in subsection 

10 (a), including the development of consistent pro11 cedures and definitions for use by the States in 

12 collecting the data and information described in 

13 subparagraphs (A) and (B) of subsection (a)(1). 

14 ‘‘(E) Establish procedures for the system to 

15 ensure that— 

16 ‘‘(i) such data and information are 

17 timely; 

18 ‘‘(ii) paperwork and reporting for the 

19 system are reduced to a minimum; and 

20 ‘‘(iii) States and localities are fully in21 volved in the development and continuous 

22 improvement of the system at all levels. 

23 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

24 SERVICES.—The Secretary is authorized to assist in the de25 velopment of national electronic tools that may be used to 


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1 facilitate the delivery of work ready services described in 

2 section 134(c)(2) and to provide workforce information to 

3 individuals through the one-stop delivery systems described 

4 in section 121 and through other appropriate delivery sys5 tems. 

6 ‘‘(d) COORDINATION WITH THE STATES.— 

7 ‘‘(1) IN GENERAL.—The Secretary, working 

8 through the Bureau of Labor Statistics and the Em9 ployment and Training Administration, shall regu10 larly consult with representatives of State agencies 

11 carrying out workforce information activities regard12 ing strategies for improving the workforce and labor 

13 market information system. 

14 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

15 each year, the Secretary, working through the Bureau 

16 of Labor Statistics, shall conduct formal consultations 

17 regarding programs carried out by the Bureau of 

18 Labor Statistics with representatives of each of the 

19 Federal regions of the Bureau of Labor Statistics, 

20 elected (pursuant to a process established by the Sec21 retary) from the State directors affiliated with State 

22 agencies that perform the duties described in sub23 section (e)(2). 

24 ‘‘(e) STATE RESPONSIBILITIES.— 


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1 ‘‘(1) IN GENERAL.—In order to receive Federal 

2 financial assistance under this section, the Governor 

3 of a State shall— 

4 ‘‘(A) be responsible for the management of 

5 the portions of the workforce and labor market 

6 information system described in subsection (a) 

7 that comprise a statewide workforce and labor 

8 market information system and for the State’s 

9 participation in the development of the annual 

10 plan; 

11 ‘‘(B) establish a process for the oversight of 

12 such system; 

13 ‘‘(C) consult with State and local employ14 ers, participants, and local workforce investment 

15 boards about the labor market relevance of the 

16 data to be collected and disseminated through the 

17 statewide workforce and labor market informa18 tion system; 

19 ‘‘(D) consult with State educational agen20 cies and local educational agencies concerning 

21 the provision of employment statistics in order to 

22 meet the needs of secondary school and postsec23 ondary school students who seek such informa24 tion; 


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1 ‘‘(E) collect and disseminate for the system, 

2 on behalf of the State and localities in the State, 

3 the information and data described in subpara4 graphs (A) and (B) of subsection (a)(1); 

5 ‘‘(F) maintain and continuously improve 

6 the statewide workforce and labor market infor7 mation system in accordance with this section; 

8 ‘‘(G) perform contract and grant respon9 sibilities for data collection, analysis, and dis10 semination for such system; 

11 ‘‘(H) conduct such other data collection, 

12 analysis, and dissemination activities as will en13 sure an effective statewide workforce and labor 

14 market information system; 

15 ‘‘(I) actively seek the participation of other 

16 State and local agencies in data collection, anal17 ysis, and dissemination activities in order to en18 sure complementarity, compatibility, and useful19 ness of data; 

20 ‘‘(J) participate in the development of the 

21 annual plan described in subsection (c); and 

22 ‘‘(K) utilize the quarterly records described 

23 in section 136(f)(2) to assist the State and other 

24 States in measuring State progress on State per25 formance measures. 


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1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

2 section shall be construed as limiting the ability of a 

3 Governor to conduct additional data collection, anal4 ysis, and dissemination activities with State funds or 

5 with Federal funds from sources other than this sec6 tion. 

7 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

8 functions and activities carried out pursuant to this section 

9 shall duplicate the functions and activities carried out 

10 under the Carl D. Perkins Career and Technical Education 

11 Act of 2006 (20 U.S.C. 2301 et seq.). 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $63,473,000 for fiscal year 2014 and each of the 6 suc15 ceeding fiscal years. 

16 ‘‘(h) DEFINITION.—In this section, the term ‘local 

17 area’ means the smallest geographical area for which data 

18 can be produced with statistical reliability.’’. 

19 TITLE IV—REPEALS AND 

20 CONFORMING AMENDMENTS 

21 SEC. 401. REPEALS. 

22 The following provisions are repealed: 

23 (1) Chapter 4 of subtitle B of title I, and sections 

24 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 


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1 192, 194, 502, 503, and 506 of the Workforce Invest2 ment Act of 1998. 

3 (2) Title V of the Older Americans Act of 1965 

4 (42 U.S.C. 3056 et seq.). 

5 (3) Sections 1 through 14 of the Wagner-Peyser 

6 Act (29 U.S.C. 49 et seq.). 

7 (4) Twenty-First Century Workforce Commission 

8 Act (29 U.S.C. 2701 note). 

9 (5) Youth Conservation Corps Act of 1970 (16 

10 U.S.C. 1701 et seq.). 

11 (6) Section 821 of the Higher Education Amend12 ments of 1998 (20 U.S.C. 1151) (Grants to States for 

13 workplace and community transition training for in14 carcerated individuals). 

15 (7) The Women in Apprenticeship and Nontradi16 tional Occupations Act (29 U.S.C. 2501 et seq.). 

17 (8) Sections 4103A and 4104 of title 38, United 

18 States Code. 

19 SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRON20 MENTAL RESPONSE, COMPENSATION, AND LI21 ABILITY ACT OF 1980. 

22 Section 104(k)(6) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 1980 

24 (42 U.S.C. 9604) is amended by striking ‘‘, training,’’. 


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1 SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT 

2 OF 2008. 

3 (a) DEFINITION.—Section 3(t) of the Food and Nutri4 tion Act of 2008 (7 U.S.C. 2012(t)) is amended— 

5 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’, 

6 and 

7 (2) by inserting before the period at the end the 

8 following: 

9 ‘‘, and (3) when referencing employment and training ac10 tivities under section 6(d)(4), a State board as defined in 

11 section 101 of the Workforce Investment Act of 1998 (29 

12 U.S.C. 2801)’’. 

13 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

14 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

15 (1) in subsection (d)(14) by striking ‘‘section 

16 6(d)(4)(I)’’ and inserting ‘‘section 6(d)(4)(C)’’, and 

17 (2) in subsection (g)(3) by striking ‘‘constitutes 

18 adequate participation in an employment and train19 ing program under section 6(d)’’ and inserting ‘‘al20 lows the individual to participate in employment and 

21 training activities under section 6(d)(4)’’. 

22 (c) ELIGIBILITY DISQUALIFICATIONS.—Section 6(d)(4) 

23 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) 

24 is amended to read as follows: 

25 ‘‘(4) EMPLOYMENT AND TRAINING.— 


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1 ‘‘(A) IMPLEMENTATION.—Each State agen2 cy shall provide employment and training serv3 ices authorized under section 134 of the Work4 force Investment Act of 1998 (29 U.S.C. 2864) to 

5 eligible members of households participating in 

6 the supplemental nutrition assistance program 

7 in gaining skills, training, work, or experience 

8 that will increase their ability to obtain regular 

9 employment. 

10 ‘‘(B) STATEWIDE WORKFORCE DEVELOP11 MENT SYSTEM.—Consistent with subparagraph 

12 (A), employment and training services shall be 

13 provided through the statewide workforce devel14 opment system, including the One-Stop delivery 

15 system, authorized by the Workforce Investment 

16 Act of 1998 (29 U.S.C. 2801 et seq.). 

17 ‘‘(C) REIMBURSEMENTS.— 

18 ‘‘(i) ACTUAL COSTS.—The State agency 

19 shall provide payments or reimbursement to 

20 participants served under this paragraph 

21 for— 

22 ‘‘(I) the actual costs of transpor23 tation and other actual costs (other 

24 than dependent care costs) that are 

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1 lated to the individual participating 

2 in employment and training activities; 

3 and 

4 ‘‘(II) the actual costs of such de5 pendent care expenses that are deter6 mined by the State agency to be nec7 essary for the individual to participate 

8 in employment and training activities 

9 (other than an individual who is the 

10 caretaker relative of a dependent in a 

11 family receiving benefits under part A 

12 of title IV of the Social Security Act 

13 (42 U.S.C. 601 et seq.) in a local area 

14 where an employment, training, or 

15 education program under title IV of 

16 such Act is in operation), except that 

17 no such payment or reimbursement 

18 shall exceed the applicable local market 

19 rate. 

20 ‘‘(ii) SERVICE CONTRACTS AND VOUCH21 ERS.—In lieu of providing reimbursements 

22 or payments for dependent care expenses 

23 under clause (i), a State agency may, at its 

24 option, arrange for dependent care through 

25 providers by the use of purchase of service 


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1 contracts or vouchers or by providing 

2 vouchers to the household. 

3 ‘‘(iii) VALUE OF REIMBURSEMENTS.— 

4 The value of any dependent care services 

5 provided for or arranged under clause (ii), 

6 or any amount received as a payment or re7 imbursement under clause (i), shall— 

8 ‘‘(I) not be treated as income for 

9 the purposes of any other Federal or 

10 federally assisted program that bases 

11 eligibility for, or the amount of benefits 

12 on, need; and 

13 ‘‘(II) not be claimed as an em14 ployment-related expense for the pur15 poses of the credit provided under sec16 tion 21 of the Internal Revenue Code of 

17 1986 (26 U.S.C. 21).’’. 

18 (d) ADMINISTRATION.—Section 11(e)(19) of the Food 

19 and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) is amend20 ed to read as follows: 

21 ‘‘(19) the plans of the State agency for providing 

22 employment and training services under section 

23 6(d)(4);’’. 


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1 (e) ADMINISTRATIVE COST-SHARING AND QUALITY

2 CONTROL.—Section 16(h) of the Food and Nutrition Act 

3 of 2008 (7 U.S.C. 2025) is amended— 

4 (1) in paragraph (1)— 

5 (A) in subparagraph (A) by striking ‘‘carry 

6 out employment and training programs’’ and in7 serting ‘‘provide employment and training serv8 ices to eligible households under section 6(d)(4)’’, 

9 and 

10 (B) in subparagraph (D) by striking ‘‘oper11 ating an employment and training program’’ 

12 and inserting ‘‘providing employment and train13 ing services consistent with section 6(d)(4)’’, 

14 (2) in paragraph (3) by striking ‘‘related to par15 ticipation in an employment and training program’’ 

16 and inserting ‘‘the individual participating in em17 ployment and training activities’’, 

18 (3) in paragraph (4) by striking ‘‘for operating 

19 an employment and training program’’ and inserting 

20 ‘‘to provide employment and training services’’, and 

21 (4) by amending paragraph (5) to read as fol22 lows: 

23 ‘‘(5) MONITORING.—The Secretary, in conjunc24 tion with the Secretary of Labor, shall monitor each 

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1 ment and training services under section 6(d)(4) to 

2 ensure funds are being spent effectively and effi3 ciently. Each program of employment and training 

4 receiving funds under section 6(d)(4) shall be subject 

5 to the requirements of the performance accountability 

6 system, including having to meet the state perform7 ance measures included in section 136 of the Work8 force Investment Act (29 U.S.C. 2871).’’. 

9 (f) RESEARCH, DEMONSTRATION, AND EVALUA10 TIONS.—Section 17 of the Food and Nutrition Act of 2008 

11 (7 U.S.C. 2026) is amended— 

12 (1) in subsection (b) by striking paragraph (3), 

13 and 

14 (2) in subsection (g)— 

15 (A) by inserting ‘‘, in conjunction with the 

16 Secretary of Labor,’’ after ‘‘Secretary’’, and 

17 (B) by striking ‘‘programs established’’ and 

18 inserting ‘‘activities provided to eligible house19 holds’’. 

20 (g) MINNESOTA FAMILY INVESTMENT PROJECT.—Sec21 tion 22(b)(4) of the Food and Nutrition Act of 2008 (7 

22 U.S.C. 2031(b)(4)) is amended by striking ‘‘equivalent to 

23 those offered under the employment and training program’’. 


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1 SEC. 404. AMENDMENTS TO SECTION 412 OF THE IMMIGRA2 TION AND NATIONALITY ACT. 

3 (a) CONDITIONS AND CONSIDERATIONS.—Section 

4 412(a) of the Immigration and Nationality Act (8 U.S.C. 

5 1522(a)) is amended— 

6 (1) in paragraph (1)— 

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

8 ‘‘make available sufficient resources for employ9 ment training and placement’’ and inserting 

10 ‘‘provide refugees with the opportunity to access 

11 employment and training services, including job 

12 placement,’’; and 

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

14 ‘‘services;’’ and inserting ‘‘services provided 

15 through the Workforce Investment Act of 1998 

16 (29 U.S.C. 2801 et seq.);’’; 

17 (2) in paragraph (2)(C)(iii)(II), by inserting 

18 ‘‘and training’’ after ‘‘employment’’; 

19 (3) in paragraph (6)(A)(ii)— 

20 (A) by striking ‘‘insure’’ and inserting ‘‘en21 sure’’; 

22 (B) by inserting ‘‘and training’’ after ‘‘em23 ployment’’; and 

24 (C) by inserting after ‘‘available’’ the fol25 lowing: ‘‘through the one-stop delivery system 


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1 under section 121 of the Workforce Investment 

2 Act of 1998 (29 U.S.C. 2841)’’; and 

3 (4) in paragraph (9), by inserting ‘‘the Sec4 retary of Labor,’’ after ‘‘Education,’’. 

5 (b) PROGRAM OF INITIAL RESETTLEMENT.—Section 

6 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— 

7 (1) by striking ‘‘orientation, instruction’’ and 

8 inserting ‘‘orientation and instruction’’; and 

9 (2) by striking ‘‘, and job training for refugees, 

10 and such other education and training of refugees, as 

11 facilitates’’ and inserting ‘‘for refugees to facilitate’’. 

12 (c) PROJECT GRANTS AND CONTRACTS FOR SERVICES

13 FOR REFUGEES.—Section 412(c) of such Act (8 U.S.C. 

14 1522(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (A)(i), by inserting 

17 ‘‘and training’’ after ‘‘employment’’; and 

18 (B) by striking subparagraph (C); 

19 (2) in paragraph (2)(B), by striking ‘‘para20 graph—’’ through ‘‘in a manner’’ and inserting 

21 ‘‘paragraph in a manner’’; and 

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

23 ‘‘(3) In carrying out this section, the Director shall 

24 ensure that employment and training services are provided 

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1 propriate, authorized by the Workforce Investment Act of 

2 1998 (29 U.S.C. 2801 et seq.). Such action may include— 

3 ‘‘(A) making employment and training services 

4 as described under section 134 of such Act (29 U.S.C. 

5 2864) available to refugees; and 

6 ‘‘(B) providing refugees with access to a one-stop 

7 delivery system under section 121 of such Act (29 

8 U.S.C. 2841).’’. 

9 (d) CASH ASSISTANCE AND MEDICAL ASSISTANCE TO

10 REFUGEES.—Section 412(e) of such Act (8 U.S.C. 1522(e)) 

11 is amended— 

12 (1) in paragraph (2)(A)(i), by inserting ‘‘and 

13 training’’ after ‘‘providing employment’’; and 

14 (2) in paragraph (3), by striking ‘‘The’’ and in15 serting ‘‘Consistent with subsection (c)(3), the’’. 

16 SEC. 405. AMENDMENTS RELATING TO THE SECOND 

17 CHANCE ACT OF 2007. 

18 (a) FEDERAL PRISONER REENTRY INITIATIVE.—Sec19 tion 231 of the Second Chance Act of 2007 (42 U.S.C. 

20 17541) is amended— 

21 (1) in subsection (a)(1)(E)— 

22 (A) by inserting ‘‘the Department of Labor 

23 and’’ before ‘‘other Federal agencies’’; and 


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1 (B) by inserting ‘‘State and local workforce 

2 investment boards,’’ after ‘‘community-based or3 ganizations,’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (2), by striking at the end 

6 ‘‘and’’; 

7 (B) in paragraph (3), by striking at the end 

8 the period and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) to coordinate reentry programs with the em12 ployment and training services provided through the 

13 statewide workforce investment system under subtitle 

14 B of title I of the Workforce Investment Act of 1998 

15 (29 U.S.C. 2811 et seq.).’’; and 

16 (3) in subsection (d), by adding at the end the 

17 following new paragraph: 

18 ‘‘(6) INTERACTION WITH THE WORKFORCE IN19 VESTMENT SYSTEM.— 

20 ‘‘(A) IN GENERAL.—In carrying out this 

21 section, the Director shall ensure that employ22 ment and training services, including such em23 ployment and services offered through reentry 

24 programs, are provided, as appropriate, through 

25 the statewide workforce investment system under 


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1 subtitle B of title I of the Workforce Investment 

2 Act of 1998 (29 U.S.C. 2811 et seq.). Such action 

3 may include— 

4 ‘‘(i) making employment and training 

5 services available to prisoners prior to and 

6 immediately following the release of such 

7 prisoners; or 

8 ‘‘(ii) providing prisoners with access 

9 by remote means to a one-stop delivery sys10 tem under section 121 of the Workforce In11 vestment Act of 1998 (29 U.S.C. 2841) in 

12 the State in which the prison involved is lo13 cated. 

14 ‘‘(B) SERVICE DEFINED.—In this para15 graph, the term ‘employment and training serv16 ices’ means those services described in section 

17 134 of the Workforce Investment Act of 1998 (29 

18 U.S.C. 2864) offered by the Bureau of Prisons, 

19 including— 

20 ‘‘(i) the skills assessment described in 

21 subsection (a)(1)(A); 

22 ‘‘(ii) the skills development plan de23 scribed in subsection (a)(1)(B); and 


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1 ‘‘(iii) the enhancement, development, 

2 and implementation of reentry and skills 

3 development programs.’’. 

4 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 

5 4042(a)(5)(E) of title 18, United States Code, is amended— 

6 (1) in clause (ii), by striking ‘‘Employment’’ 

7 and inserting ‘‘Employment and training services (as 

8 defined in paragraph (6) of section 231(d) of the Sec9 ond Chance Act of 2007), including basic skills at10 tainment, consistent with such paragraph’’; 

11 (2) by striking clause (iii); and 

12 (3) by redesignating clauses (iv), (v), (vi), and 

13 (vii) as clauses (iii), (iv), (v), and (vi), respectively. 

14 SEC. 406. AMENDMENTS TO THE OMNIBUS CRIME CONTROL 

15 AND SAFE STREETS ACT OF 1968. 

16 Section 2976 of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (42 U.S.C. 3797w) is amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘voca20 tional’’ and inserting ‘‘career and technical edu21 cation (as defined in section 3 of the Carl D. 

22 Perkins Career and Technical Education Act of 

23 2006 (20 U.S.C. 2302)) and training’’; 


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1 (B) by redesignating each of paragraphs (4) 

2 through (7) as paragraphs (5) through (8), re3 spectively; and 

4 (C) by inserting after paragraph (3) the fol5 lowing new paragraph: 

6 ‘‘(4) coordinating employment and training 

7 services provided through the statewide workforce in8 vestment system under subtitle B of title I of the 

9 Workforce Investment Act of 1998 (29 U.S.C. 2811 et 

10 seq.), including a one-stop delivery system under sec11 tion 121 of such Act (29 U.S.C. 2841), for offenders 

12 upon release from prison, jail, or a juvenile facility, 

13 as appropriate;’’; 

14 (2) in subsection (d)(2), by inserting ‘‘, includ15 ing local workforce investment boards established 

16 under section 117 of the Workforce Investment Act of 

17 1998 (29 U.S.C. 2832),’’ after ‘‘nonprofit organiza18 tions’’; 

19 (3) in subsection (e)— 

20 (A) in paragraph (3), by striking ‘‘victim 

21 services, and employment services’’ and inserting 

22 ‘‘and victim services’’; 

23 (B) by redesignating paragraphs (4) and 

24 (5) as paragraphs (5) and (6), respectively; and 


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1 (C) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4) provides employment and training services 

4 through the statewide workforce investment system 

5 under subtitle B of title I of the Workforce Investment 

6 Act of 1998 (29 U.S.C. 2811 et seq.), including a one7 stop delivery system under section 121 of such Act (29 

8 U.S.C. 2841); and’’; 

9 (4) in subsection (k)— 

10 (A) in paragraph (1)(A), by inserting ‘‘, in 

11 accordance with paragraph (2)’’ after ‘‘under 

12 this section’’; 

13 (B) by redesignating paragraphs (2) and 

14 (3) as paragraphs (3) and (4), respectively; and 

15 (C) by inserting after paragraph (1) the fol16 lowing new paragraph: 

17 ‘‘(2) EMPLOYMENT AND TRAINING.—The Attor18 ney General shall require each grantee under this sec19 tion to measure the core indicators of performance as 

20 described in section 136(b)(2)(A) of the Workforce In21 vestment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with 

22 respect to the program of such grantee funded with a 

23 grant under this section.’’. 


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1 SEC. 407. CONFORMING AMENDMENTS TO THE UNITED 

2 STATES CODE. 

3 Title 38, United States Code, is amended— 

4 (1) by striking the item relating to section 4103A 

5 and section 4104 in the table of sections at the begin6 ning of chapter 41 of such title; 

7 (2) in section 4102A— 

8 (A) in subsection (b)— 

9 (i) by striking paragraphs (5), (6), 

10 and (7); 

11 (ii) by redesignating paragraph (8) as 

12 paragraph (5); 

13 (B) by striking subsections (c) and (h); 

14 (C) by redesignating subsection (d), (e), (f), 

15 and (g) as subsection (c), (d), (e), and (f); 

16 (D) in subsection (e)(1) (as so redesig17 nated)— 

18 (i) by striking ‘‘, including disabled 

19 veterans’ outreach program specialists and 

20 local veterans’ employment representatives 

21 providing employment, training, and place22 ment services under this chapter in a 

23 State’’; and 

24 (ii) by striking ‘‘for purposes of sub25 section (c)’’. 


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1 (3) in section 4109(a), by striking ‘‘disabled vet2 erans’ outreach program specialists and local vet3 erans’ employment representative’’ and inserting ‘‘vet4 eran employment specialists appointed under section 

5 134(f) of the Workforce Investment Act of 1998’’; 

6 (4) in section 4109(d)(1), by striking ‘‘disabled 

7 veterans’ outreach program specialists and local vet8 erans’ employment representatives’’ and inserting 

9 ‘‘veteran employment specialists appointed under sec10 tion 134(f) of the Workforce Investment Act of 1998’’; 

11 (5) in section 4112(d)— 

12 (A) in paragraph (1), by striking ‘‘disabled 

13 veterans’ outreach program specialist’’ and in14 serting ‘‘veteran employment specialist ap15 pointed under section 134(f) of the Workforce In16 vestment Act of 1998’’; and 

17 (B) by striking paragraph (2) and redesig18 nating paragraph (3) as paragraph (2); 

19 (6) in section 3672(d)(1), by striking ‘‘disabled 

20 veterans’ outreach program specialists under section 

21 4103A’’ and inserting ‘‘veteran employment special22 ists appointed under section 134(f) of the Workforce 

23 Investment Act of 1998’’; and 

24 (7) in section 4104A— 


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1 (A) in subsection (b)(1), by striking sub2 paragraph (A) and inserting the following: 

3 ‘‘(A) the appropriate veteran employment 

4 specialist (in carrying out the functions de5 scribed in section 134(f) of the Workforce Invest6 ment Act of 1998);’’; and 

7 (B) in subsection (c)(1), by striking sub8 paragraph (A) and inserting the following: 

9 ‘‘(A) collaborate with the appropriate vet10 eran employment specialist (as described in sec11 tion 134(f)) and the appropriate State boards 

12 and local boards (as such terms are defined in 

13 section 101 of the Workforce Investment Act of 

14 1998 (29 U.S.C. 2801));’’. 

15 SEC. 408. CONFORMING AMENDMENT TO TABLE OF CON16 TENTS. 

17 The table of contents in section 1(b) is amended to read 

18 as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 

‘‘Subtitle B—Statewide and Local Workforce Investment Systems 

‘‘Sec. 106. Purpose. 

‘‘CHAPTER 1—STATE PROVISIONS

‘‘Sec. 111. State workforce investment boards. 

‘‘Sec. 112. State plan. 


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‘‘CHAPTER 2—LOCAL PROVISIONS

‘‘Sec. 116. Local workforce investment areas. 

‘‘Sec. 117. Local workforce investment boards. 

‘‘Sec. 118. Local plan. 

‘‘CHAPTER 3—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

‘‘Sec. 121. Establishment of one-stop delivery systems. 

‘‘Sec. 122. Identification of eligible providers of training services. 

‘‘Sec. 123. [Repealed]. 

‘‘CHAPTER 4—[REPEALED] 

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES

‘‘Sec. 131. General authorization. 

‘‘Sec. 132. State allotments. 

‘‘Sec. 133. Within State allocations. 

‘‘Sec. 134. Use of funds for employment and training activities. 

‘‘CHAPTER 6—GENERAL PROVISIONS

‘‘Sec. 136. Performance accountability system. 

‘‘Sec. 137. Authorization of appropriations. 

‘‘Subtitle C—Job Corps 

‘‘Sec. 141. Purposes. 

‘‘Sec. 142. Definitions. 

‘‘Sec. 143. Establishment. 

‘‘Sec. 144. Individuals eligible for the Job Corps. 

‘‘Sec. 145. Recruitment, screening, selection, and assignment of enrollees. 

‘‘Sec. 146. Enrollment. 

‘‘Sec. 147. Job Corps centers. 

‘‘Sec. 148. Program activities. 

‘‘Sec. 149. Counseling and job placement. 

‘‘Sec. 150. Support. 

‘‘Sec. 151. Operations. 

‘‘Sec. 152. Standards of conduct. 

‘‘Sec. 153. Community participation. 

‘‘Sec. 154. Workforce councils. 

‘‘Sec. 155. [Repealed]. 

‘‘Sec. 156. Technical assistance to centers. 

‘‘Sec. 157. Application of provisions of Federal law. 

‘‘Sec. 158. Special provisions. 

‘‘Sec. 159. Performance accountability and management. 

‘‘Sec. 160. General provisions. 

‘‘Sec. 161. Authorization of appropriations. 

‘‘Subtitle D—National Programs 

‘‘Sec. 166. [Repealed]. 

‘‘Sec. 167. [Repealed]. 

‘‘Sec. 168. [Repealed]. 

‘‘Sec. 169. [Repealed]. 

‘‘Sec. 170. Technical assistance. 

‘‘Sec. 171. [Repealed]. 


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‘‘Sec. 172. Evaluations. 

‘‘Sec. 173. [Repealed]. 

‘‘Sec. 173A. [Repealed]. 

‘‘Sec. 174. [Repealed]. 

‘‘Subtitle E—Administration 

‘‘Sec. 181. Requirements and restrictions. 

‘‘Sec. 182. Prompt allocation of funds. 

‘‘Sec. 183. Monitoring. 

‘‘Sec. 184. Fiscal controls; sanctions. 

‘‘Sec. 185. Reports; recordkeeping; investigations. 

‘‘Sec. 186. Administrative adjudication. 

‘‘Sec. 187. Judicial review. 

‘‘Sec. 188. Nondiscrimination. 

‘‘Sec. 189. Administrative provisions. 

‘‘Sec. 190. References. 

‘‘Sec. 191. State legislative authority. 

‘‘Sec. 192. [Repealed]. 

‘‘Sec. 193. Transfer of Federal equity in State employment security real property 

to the States. 

‘‘Sec. 194. [Repealed]. 

‘‘Sec. 195. General program requirements. 

‘‘Sec. 196. Federal agency staff. 

‘‘Subtitle F—Repeals and Conforming Amendments 

‘‘Sec. 199. Repeals. 

‘‘Sec. 199A. Conforming amendments. 

‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION 

‘‘Sec. 201. Short title. 

‘‘Sec. 202. Purpose. 

‘‘Sec. 203. Definitions. 

‘‘Sec. 204. Home schools. 

‘‘Sec. 205. Authorization of appropriations. 

‘‘Subtitle A—Federal Provisions 

‘‘Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 

‘‘Sec. 212. Performance accountability system. 

‘‘Subtitle B—State Provisions 

‘‘Sec. 221. State administration. 

‘‘Sec. 222. State distribution of funds; matching requirement. 

‘‘Sec. 223. State leadership activities. 

‘‘Sec. 224. State plan. 

‘‘Sec. 225. Programs for corrections education and other institutionalized individuals. 

‘‘Subtitle C—Local Provisions 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 


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‘‘Subtitle D—General Provisions 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National activities. 

‘‘TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES 

‘‘Subtitle A—Wagner-Peyser Act 

‘‘Sec. 301. Definitions. 

‘‘Sec. 302. Functions. 

‘‘Sec. 303. Designation of State agencies. 

‘‘Sec. 304. Appropriations. 

‘‘Sec. 305. Disposition of allotted funds. 

‘‘Sec. 306. State plans. 

‘‘Sec. 307. Repeal of Federal advisory council. 

‘‘Sec. 308. Regulations. 

‘‘Sec. 309. Employment statistics. 

‘‘Sec. 310. Technical amendments. 

‘‘Sec. 311. Effective date. 

‘‘Subtitle B—Linkages With Other Programs 

‘‘Sec. 321. Trade Act of 1974. 

‘‘Sec. 322. Veterans’ employment programs. 

‘‘Sec. 323. Older Americans Act of 1965. 

‘‘Subtitle C—[Repealed] 

‘‘Subtitle D—Application of Civil Rights and Labor-Management Laws to the 

Smithsonian Institution 

‘‘Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. 

‘‘TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 

‘‘Sec. 401. Short title. 

‘‘Sec. 402. Title. 

‘‘Sec. 403. General provisions. 

‘‘Sec. 404. Vocational rehabilitation services. 

‘‘Sec. 405. Research and training. 

‘‘Sec. 406. Professional development and special projects and demonstrations. 

‘‘Sec. 407. National Council on Disability. 

‘‘Sec. 408. Rights and advocacy. 

‘‘Sec. 409. Employment opportunities for individuals with disabilities. 

‘‘Sec. 410. Independent living services and centers for independent living. 

‘‘Sec. 411. [Repealed]. 

‘‘Sec. 412. Helen Keller National Center Act. 

‘‘Sec. 413. President’s Committee on Employment of People With Disabilities. 

‘‘Sec. 414. Conforming amendments. 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘Sec. 501. State unified plan. 

‘‘Sec. 502. [Repealed]. 

‘‘Sec. 503. [Repealed]. 

‘‘Sec. 504. Privacy. 


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‘‘Sec. 505. Buy-American requirements. 

‘‘Sec. 506. [Repealed]. 

‘‘Sec. 507. Effective date.’’. 

1 TITLE V—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 SEC. 501. FINDINGS. 

4 Section 2(a) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 701(a)) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (6), by striking the period and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(7) there is a substantial need to improve and 

12 expand services for students with disabilities under 

13 this Act.’’. 

14 SEC. 502. REHABILITATION SERVICES ADMINISTRATION. 

15 (a) REHABILITATION SERVICES ADMINISTRATION.— 

16 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is 

17 amended— 

18 (1) in section 3(a) (29 U.S.C. 702(a))— 

19 (A) by striking ‘‘Office of the Secretary’’ 

20 and inserting ‘‘Department of Education’’; 

21 (B) by striking ‘‘President by and with the 

22 advice and consent of the Senate’’ and inserting 

23 ‘‘Secretary’’; and 


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1 (C) by striking ‘‘, and the Commissioner 

2 shall be the principal officer,’’; 

3 (2) by striking ‘‘Commissioner’’ each place it ap4 pears (except in section 21) and inserting ‘‘Director’’; 

5 (3) in section 12(c) (29 U.S.C. 709), by striking 

6 ‘‘Commissioner’s’’ and inserting ‘‘Director’s’’; 

7 (4) in the heading for subparagraph (B) of sec8 tion 100(d)(2), by striking ‘‘COMMISSIONER’’ and in9 serting ‘‘DIRECTOR’’; 

10 (5) in the heading for section 706, by striking 

11 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 

12 (6) in the heading for paragraph (3) of section 

13 723(a), by striking ‘‘COMMISSIONER’’ and inserting 

14 ‘‘DIRECTOR’’; and 

15 (7) in section 21 (29 U.S.C. 718)— 

16 (A) in subsection (b)(1)— 

17 (i) by striking ‘‘Commissioner’’ the 

18 first place it appears and inserting ‘‘Direc19 tor of the Rehabilitation Services Adminis20 tration’’; 

21 (ii) by striking ‘‘(referred to in this 

22 subsection as the ‘Director’)’’; and 

23 (iii) by striking ‘‘The Commissioner 

24 and the Director’’ and inserting ‘‘Both such 

25 Directors’’; and 


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1 (B) by striking ‘‘the Commissioner and the 

2 Director’’ each place it appears and inserting 

3 ‘‘both such Directors’’. 

4 (b) EFFECTIVE DATE; APPLICATION.—The amend5 ments made by subsection (a) shall— 

6 (1) take effect on the date of the enactment of 

7 this Act; and 

8 (2) apply with respect to the appointments of 

9 Directors of the Rehabilitation Services Administra10 tion made on or after the date of enactment of this 

11 Act, and the Directors so appointed. 

12 SEC. 503. DEFINITIONS. 

13 Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 

14 705) is amended— 

15 (1) by redesignating paragraphs (35) through 

16 (39) as paragraphs (36) through (40), respectively; 

17 (2) in subparagraph (A)(ii) of paragraph (36) 

18 (as redesignated by paragraph (1)), by striking 

19 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

20 (37)(C)’’; and 

21 (3) by inserting after paragraph (34) the fol22 lowing: 

23 ‘‘(35)(A) The term ‘student with a disability’ 

24 means an individual with a disability who— 


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1 ‘‘(i) is not younger than 16 and not 

2 older than 21; 

3 ‘‘(ii) has been determined to be eligible 

4 under section 102(a) for assistance under 

5 this title; and 

6 ‘‘(iii)(I) is eligible for, and is receiv7 ing, special education under part B of the 

8 Individuals with Disabilities Education Act 

9 (20 U.S.C. 1411 et seq.); or 

10 ‘‘(II) is an individual with a dis11 ability, for purposes of section 504. 

12 ‘‘(B) The term ‘students with disabilities’ means 

13 more than 1 student with a disability.’’. 

14 SEC. 504. STATE PLAN. 

15 Section 101(a) of the Rehabilitation Act of 1973 (29 

16 U.S.C. 721(a)) is amended— 

17 (1) in paragraph (10)(B) by striking ‘‘on the eli18 gible individuals’’ and all that follows through ‘‘sec19 tion 136(d)(2)’’ and inserting ‘‘of information nec20 essary to assess the State’s performance on the core 

21 indicators of performance described in section 

22 136(b)(2)(A)’’; 

23 (2) in paragraph (11)— 

24 (A) in subparagraph (D)(i), by inserting 

25 before the semicolon the following: ‘‘, which may 


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1 be provided using alternative means of meeting 

2 participation (such as video conferences and con3 ference calls)’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(G) COORDINATION WITH ASSISTIVE TECH6 NOLOGY PROGRAMS.—The State plan shall in7 clude an assurance that the designated State 

8 unit and the lead agency or implementing entity 

9 responsible for carrying out duties under the As10 sistive Technology Act of 1998 (29 U.S.C. 3001 

11 et seq.) have developed working relationships and 

12 coordinate their activities.’’; 

13 (3) in paragraph (15)— 

14 (A) in subparagraph (A)— 

15 (i) in clause (i)— 

16 (I) in subclause (II), by striking 

17 ‘‘and’’ at the end; 

18 (II) in subclause (III), by adding 

19 ‘‘and’’ at the end; and 

20 (III) by adding at the end the fol21 lowing: 

22 ‘‘(IV) students with disabilities, 

23 including their need for transition 

24 services;’’; 


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1 (ii) by redesignating clauses (ii) and 

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

3 and 

4 (iii) by inserting after clause (i) the 

5 following: 

6 ‘‘(ii) include an assessment of the tran7 sition services provided under this Act, and 

8 coordinated with transition services under 

9 the Individuals with Disabilities Education 

10 Act, as to those services meeting the needs of 

11 individuals with disabilities;’’; and 

12 (B) in subparagraph (D)— 

13 (i) by redesignating clauses (iii), (iv), 

14 and (v) as clauses (iv), (v), and (vi), respec15 tively; and 

16 (ii) by inserting after clause (ii) the 

17 following: 

18 ‘‘(iii) the methods to be used to im19 prove and expand vocational rehabilitation 

20 services for students with disabilities, in21 cluding the coordination of services designed 

22 to facilitate the transition of such students 

23 from the receipt of educational services in 

24 school to the receipt of vocational rehabilitaVerDate Mar 15 2010 21:58 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 E:\BILLS\H803.RH H803

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1 tion services under this title or to postsec2 ondary education or employment;’’; 

3 (4) in paragraph (22)— 

4 (A) by striking ‘‘carrying out part B of title 

5 VI, including’’; and 

6 (B) by striking ‘‘that part to supplement 

7 funds made available under part B of’’; 

8 (5) in paragraph (24)(A), by striking ‘‘part A of 

9 title VI’’ and inserting ‘‘section 109A’’; and 

10 (6) by adding at the end the following: 

11 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

12 State plan shall describe how the designated State 

13 agency will carry out the provisions of section 109A, 

14 including— 

15 ‘‘(A) the criteria such agency will use to 

16 award grants under such section; and 

17 ‘‘(B) how the activities carried out under 

18 such grants will be coordinated with other serv19 ices provided under this title. 

20 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL21 ITIES.—The State plan shall provide an assurance 

22 satisfactory to the Secretary that the State— 

23 ‘‘(A) has developed and implemented strate24 gies to address the needs identified in the assess25 ment described in paragraph (15), and achieve 


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1 the goals and priorities identified by the State, 

2 to improve and expand vocational rehabilitation 

3 services for students with disabilities on a state4 wide basis in accordance with paragraph (15); 

5 and 

6 ‘‘(B) from funds reserved under section 

7 110A, shall carry out programs or activities de8 signed to improve and expand vocational reha9 bilitation services for students with disabilities 

10 that— 

11 ‘‘(i) facilitate the transition of students 

12 with disabilities from the receipt of edu13 cational services in school, to the receipt of 

14 vocational rehabilitation services under this 

15 title, including, at a minimum, those serv16 ices specified in the interagency agreement 

17 required in paragraph (11)(D); 

18 ‘‘(ii) improve the achievement of post19 school goals of students with disabilities, in20 cluding improving the achievement through 

21 participation (as appropriate when career 

22 goals are discussed) in meetings regarding 

23 individualized education programs devel24 oped under section 614 of the Individuals 


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1 with Disabilities Education Act (20 U.S.C. 

2 1414); 

3 ‘‘(iii) provide career guidance, career 

4 exploration services, job search skills and 

5 strategies, and technical assistance to stu6 dents with disabilities; 

7 ‘‘(iv) support the provision of training 

8 and technical assistance to State and local 

9 educational agencies and designated State 

10 agency personnel responsible for the plan11 ning and provision of services to students 

12 with disabilities; and 

13 ‘‘(v) support outreach activities to stu14 dents with disabilities who are eligible for, 

15 and need, services under this title.’’. 

16 SEC. 505. SCOPE OF SERVICES. 

17 Section 103 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 723) is amended— 

19 (1) in subsection (a), by striking paragraph (15) 

20 and inserting the following: 

21 ‘‘(15) transition services for students with dis22 abilities, that facilitate the achievement of the em23 ployment outcome identified in the individualized 

24 plan for employment, including services described in 

25 clauses (i) through (iii) of section 101(a)(26)(B);’’; 


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1 (2) in subsection (b), by striking paragraph (6) 

2 and inserting the following: 

3 ‘‘(6)(A)(i) Consultation and technical assistance 

4 services to assist State and local educational agencies 

5 in planning for the transition of students with dis6 abilities from school to post-school activities, includ7 ing employment. 

8 ‘‘(ii) Training and technical assistance described 

9 in section 101(a)(26)(B)(iv). 

10 ‘‘(B) Services for groups of individuals with dis11 abilities who meet the requirements of clauses (i) and 

12 (iii) of section 7(35)(A), including services described 

13 in clauses (i), (ii), (iii), and (v) of section 

14 101(a)(26)(B), to assist in the transition from school 

15 to post-school activities.’’; and 

16 (3) in subsection (b) by inserting at the end, the 

17 following: 

18 ‘‘(7) The establishment, development, or improve19 ment of assistive technology demonstration, loan, re20 utilization, or financing programs in coordination 

21 with activities authorized under the Assistive Tech22 nology Act of 1998 (29 U.S.C. 3001) to promote ac23 cess to assistive technology for individuals with dis24 abilities and employers.’’. 


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1 SEC. 506. STANDARDS AND INDICATORS. 

2 Section 106 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 726(a)) is amended— 

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) STANDARDS AND INDICATORS.—The performance 

7 standards and indicators for the vocational rehabilitation 

8 program carried out under this title— 

9 ‘‘(1) shall be subject to paragraphs (2)(A) and 

10 (3) of section 136(b) of the Workforce Investment Act 

11 of 1998; and 

12 ‘‘(2) may, at a State’s discretion, include addi13 tional indicators identified in the State plan sub14 mitted under section 101.’’; and 

15 (2) in subsection (b)(2)(B), by striking clause (i) 

16 and inserting the following: 

17 ‘‘(i) on a biannual basis, review the 

18 program improvement efforts of the State 

19 and, if the State has not improved its per20 formance to acceptable levels, as determined 

21 by the Director, direct the State to make re22 visions to the plan to improve performance; 

23 and’’. 

24 SEC. 507. COLLABORATION WITH INDUSTRY. 

25 The Rehabilitation Act of 1973 is amended by insert26 ing after section 109 (29 U.S.C. 729) the following: 


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1 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

2 ‘‘(a) AUTHORITY.—A State shall use not less than one3 half of one percent of the payment the State receives under 

4 section 111 for a fiscal year to award grants to eligible enti5 ties to create practical job and career readiness and train6 ing programs, and to provide job placements and career ad7 vancement. 

8 ‘‘(b) APPLICATION.—To receive a grant under this sec9 tion, an eligible entity shall submit an application to a des10 ignated State agency at such time, in such manner, and 

11 containing such information as such agency shall require. 

12 Such application shall include, at a minimum— 

13 ‘‘(1) a plan for evaluating the effectiveness of the 

14 program; 

15 ‘‘(2) a plan for collecting and reporting the data 

16 and information described under subparagraphs (A) 

17 through (C) of section 101(a)(10), as determined ap18 propriate by the designated State agency; and 

19 ‘‘(3) a plan for providing for the non-Federal 

20 share of the costs of the program. 

21 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

22 under this section shall use the grant funds to carry out 

23 a program that provides one or more of the following: 

24 ‘‘(1) Job development, job placement, and career 

25 advancement services for individuals with disabilities. 


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1 ‘‘(2) Training in realistic work settings in order 

2 to prepare individuals with disabilities for employ3 ment and career advancement in the competitive 

4 market. 

5 ‘‘(3) Providing individuals with disabilities with 

6 such support services as may be required in order to 

7 maintain the employment and career advancement 

8 for which the individuals have received training. 

9 ‘‘(d) AWARDS.—Grants under this section shall— 

10 ‘‘(1) be awarded for a period not to exceed 5 

11 years; and 

12 ‘‘(2) be awarded competitively. 

13 ‘‘(e) ELIGIBLE ENTITY DEFINED.—For the purposes of 

14 this section, the term ‘eligible entity’ means a for-profit 

15 business, alone or in partnership with one or more of the 

16 following: 

17 ‘‘(1) Community rehabilitation program pro18 viders. 

19 ‘‘(2) Indian tribes. 

20 ‘‘(3) Tribal organizations. 

21 ‘‘(f) FEDERAL SHARE.—The Federal share of a pro22 gram under this section shall not exceed 80 percent of the 

23 costs of the program. 

24 ‘‘(g) ELIGIBILITY FOR SERVICES.—An individual 

25 shall be eligible for services provided under a program 


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1 under this section if the individual is determined under sec2 tion 102(a)(1) to be eligible for assistance under this title.’’. 

3 SEC. 508. RESERVATION FOR EXPANDED TRANSITION SERV4 ICES. 

5 The Rehabilitation Act of 1973 is amended by insert6 ing after section 110 (29 U.S.C. 730) the following: 

7 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

8 SERVICES. 

9 ‘‘Each State shall reserve not less than 10 percent of 

10 the funds allotted to the State under section 110(a) to carry 

11 out programs and activities under sections 101(a)(26)(B) 

12 and 103(b)(6).’’. 

13 SEC. 509. CLIENT ASSISTANCE PROGRAM. 

14 Section 112(e)(1) of the Rehabilitation Act of 1973 (29 

15 U.S.C. 732(e)(1)) is amended by redesignating subpara16 graph (D) as subparagraph (E) and inserting after sub17 paragraph (C) the following: 

18 ‘‘(D) The Secretary shall make grants to the 

19 protection and advocacy system serving the 

20 American Indian Consortium to provide services 

21 in accordance with this section. The amount of 

22 such grants shall be the same as provided to ter23 ritories under this subsection.’’. 


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1 SEC. 510. TITLE III AMENDMENTS. 

2 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

3 771 et seq.) is amended— 

4 (1) in section 301(a)— 

5 (A) in paragraph (2), by inserting ‘‘and’’ at 

6 the end; 

7 (B) by striking paragraphs (3) and (4); and 

8 (C) by redesignating paragraph (5) as 

9 paragraph (3); 

10 (2) in section 302(g)— 

11 (A) in the heading, by striking ‘‘AND IN12 SERVICE TRAINING’’; and 

13 (B) by striking paragraph (3); 

14 (3) in section 303(c)— 

15 (A) in paragraph (4)— 

16 (i) by amending subparagraph (A)(ii) 

17 to read as follows: 

18 ‘‘(ii) to coordinate and work closely 

19 with the parent training and information 

20 centers established pursuant to section 671 

21 of the Individuals with Disabilities Edu22 cation Act, the community parent resource 

23 centers established pursuant to section 672 

24 of such Act, and the eligible entities receiv25 ing awards under section 673 of such Act; 

26 and’’; and 


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1 (ii) in subparagraph (C), by inserting 

2 ‘‘, and demonstrate the capacity for serv3 ing,’’ after ‘‘serve’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(8) RESERVATION.—From the amount appro6 priated to carry out this subsection for a fiscal year, 

7 20 percent of such amount or $500,000, whichever is 

8 less, shall be reserved to carry out paragraph (6).’’; 

9 (4) by striking sections 304 and 305; and 

10 (5) by redesignating section 306 as section 304. 

11 SEC. 511. REPEAL OF TITLE VI. 

12 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

13 is amended by repealing title VI. 

14 SEC. 512. CHAIRPERSON. 

15 Section 705(b)(5) of the Rehabilitation Act of 1973 (29 

16 U.S.C. 796d(b)(5)) is amended to read as follows: 

17 ‘‘(5) CHAIRPERSON.—The Council shall select a 

18 chairperson from among the voting membership of the 

19 Council.’’. 

20 SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS. 

21 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

22 is further amended— 

23 (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), 

24 by striking ‘‘such sums as may be necessary for fiscal 

25 years 1999 through 2003’’ and inserting 


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1 ‘‘$3,121,712,000 for fiscal year 2014 and each of the 

2 6 succeeding fiscal years’’; 

3 (2) in section 110(c) (29 U.S.C. 730(c)), by 

4 amending paragraph (2) to read as follows: 

5 ‘‘(2) The sum referred to in paragraph (1) shall 

6 be, as determined by the Secretary, not less than 1 

7 percent and not more than 1.5 percent of the amount 

8 referred to in paragraph (1) for each of fiscal years 

9 2014 through 2020.’’; 

10 (3) in section 112(h) (29 U.S.C. 732(h)) by strik11 ing ‘‘such sums as may be necessary for fiscal years 

12 1999 through 2003’’ and inserting ‘‘$12,240,000 for 

13 fiscal year 2014 and each of the 6 succeeding fiscal 

14 years’’; 

15 (4) by amending subsection (a) of section 201 

16 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) There are 

17 authorized to be appropriated $108,817,000 for fiscal 

18 year 2014 and each of the 6 succeeding fiscal years 

19 to carry out this title.’’; 

20 (5) in section 302(i) (29 U.S.C. 772(i)) by strik21 ing ‘‘such sums as may be necessary for each of the 

22 fiscal years 1999 through 2003’’ and inserting 

23 ‘‘$35,515,000 for fiscal year 2014 and each of the 6 

24 succeeding fiscal years’’; 


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1 (6) in section 303(e) (29 U.S.C. 773(e)) by strik2 ing ‘‘such sums as may be necessary for each of the 

3 fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$5,325,000 for fiscal year 2014 and each of the 6 

5 succeeding fiscal years’’; 

6 (7) in section 405 (29 U.S.C. 785) by striking 

7 ‘‘such sums as may be necessary for each of the fiscal 

8 years 1999 through 2003’’ and inserting ‘‘$3,258,000 

9 for fiscal year 2014 and each of the 6 succeeding fis10 cal years’’; 

11 (8) in section 502(j) (29 U.S.C. 792(j)) by strik12 ing ‘‘such sums as may be necessary for each of the 

13 fiscal years 1999 through 2003’’ and inserting 

14 ‘‘$7,400,000 for fiscal year 2014 and each of the 6 

15 succeeding fiscal years’’; 

16 (9) in section 509(l) (29 U.S.C. 794e(l)) by strik17 ing ‘‘such sums as may be necessary for each of the 

18 fiscal years 1999 through 2003’’ and inserting 

19 ‘‘$18,031,000 for fiscal year 2014 and each of the 6 

20 succeeding fiscal years’’; 

21 (10) in section 714 (29 U.S.C. 796e–3), by strik22 ing ‘‘such sums as may be necessary for each of the 

23 fiscal years 1999 through 2003’’ and inserting 

24 ‘‘$23,359,000 for fiscal year 2014 and each of the 6 

25 succeeding fiscal years’’; 


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1 (11) in section 727 (29 U.S.C. 796f–6), by strik2 ing ‘‘such sums as may be necessary for each of the 

3 fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$79,953,000 for fiscal year 2014 and each of the 6 

5 succeeding fiscal years’’; and 

6 (12) in section 753 (29 U.S.C. 7961), by striking 

7 ‘‘such sums as may be necessary for each of the fiscal 

8 years 1999 through 2003’’ and inserting ‘‘$34,018,000 

9 for fiscal year 2014 and each of the 6 succeeding fis10 cal years’’. 

11 SEC. 514. CONFORMING AMENDMENTS. 

12 Section 1(b) of the Rehabilitation Act of 1973 is 

13 amended— 

14 (1) by inserting after the item relating to section 

15 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

16 (2) by inserting after the item relating to section 

17 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 

18 (3) by striking the item related to section 304 

19 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

20 (4) by striking the items related to sections 305 

21 and 306; and 

22 (5) by striking the items related to title VI. 


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Union Calendar No. 9 

113TH CONGRESS 

1ST SESSION H. R. 803 

[Report No. 113–14, Part I] 

A BILL 

To reform and strengthen the workforce investment 

tive in the 21st century. work and make the United States more competisystem of the Nation to put Americans back to 

MARCH 12, 2013 

Reported from the Committee on Education and the 

Workforce with an amendment 

MARCH 12, 2013 

The Committees on the Judiciary, Agriculture, Veterans’ 

and ordered to be printed mittee of the Whole House on the State of the Union and Infrastructure discharged; committed to the ComAffairs, Energy and Commerce, and Transportation 


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