In the Senate of the United States, 

June 25, 2014. 

Resolved, That the bill from the House of Representatives (H.R. 803) entitled ‘‘An Act 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.’’, do pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Workforce Innovation and Opportunity Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 
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TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES 

Subtitle A—System Alignment 

CHAPTER 1—STATE PROVISIONS

Sec. 101. State workforce development boards. 

Sec. 102. Unified State plan. 

Sec. 103. Combined State plan. 

CHAPTER 2—LOCAL PROVISIONS

Sec. 106. Workforce development areas. 

Sec. 107. Local workforce development boards. 

Sec. 108. Local plan. 

CHAPTER 3—BOARD PROVISIONS

Sec. 111. Funding of State and local boards. 

CHAPTER 4—PERFORMANCE ACCOUNTABILITY

Sec. 116. Performance accountability system. 

Subtitle B—Workforce Investment Activities and Providers 

CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS

Sec. 121. Establishment of one-stop delivery systems. 

Sec. 122. Identification of eligible providers of training services. 

Sec. 123. Eligible providers of youth workforce investment activities. 

CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES

Sec. 126. General authorization. 

Sec. 127. State allotments. 

Sec. 128. Within State allocations. 

Sec. 129. Use of funds for youth workforce investment activities. 

CHAPTER 3—ADULT AND DISLOCATED WORKER 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 4—GENERAL WORKFORCE INVESTMENT PROVISIONS

Sec. 136. 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. 
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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. Advisory committees. 

Sec. 156. Experimental projects and technical assistance. 

Sec. 157. Application of provisions of Federal law. 

Sec. 158. Special provisions. 

Sec. 159. Management information. 

Sec. 160. General provisions. 

Sec. 161. Job Corps oversight and reporting. 

Sec. 162. Authorization of appropriations. 

Subtitle D—National Programs 

Sec. 166. Native American programs. 

Sec. 167. Migrant and seasonal farmworker programs. 

Sec. 168. Technical assistance. 

Sec. 169. Evaluations and research. 

Sec. 170. National dislocated worker grants. 

Sec. 171. YouthBuild program. 

Sec. 172. Authorization of appropriations. 

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. Secretarial administrative authorities and responsibilities. 

Sec. 190. Workforce flexibility plans. 

Sec. 191. State legislative authority. 

Sec. 192. Transfer of Federal equity in State employment security agency real 

property to the States. 

Sec. 193. Continuation of State activities and policies. 

Sec. 194. General program requirements. 

Sec. 195. Restrictions on lobbying activities. 

TITLE II—ADULT EDUCATION AND LITERACY 

Sec. 201. Short title. 

Sec. 202. Purpose. 

Sec. 203. Definitions. 

Sec. 204. Home schools. 

Sec. 205. Rule of construction regarding postsecondary transition and concurrent 

enrollment activities. 

Sec. 206. Authorization of appropriations. 
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Subtitle A—Federal Provisions 

Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 

Sec. 212. Performance accountability system. 

Subtitle B—State Provisions 

Sec. 221. State administration. 

Sec. 222. State distribution of funds; matching requirement. 

Sec. 223. State leadership activities. 

Sec. 224. State plan. 

Sec. 225. Programs for corrections education and other institutionalized individuals. 

Subtitle C—Local Provisions 

Sec. 231. Grants and contracts for eligible providers. 

Sec. 232. Local application. 

Sec. 233. Local administrative cost limits. 

Subtitle D—General Provisions 

Sec. 241. Administrative provisions. 

Sec. 242. National leadership activities. 

Sec. 243. Integrated English literacy and civics education. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Employment service offices. 

Sec. 302. Definitions. 

Sec. 303. Federal and State employment service offices. 

Sec. 304. Allotment of sums. 

Sec. 305. Use of sums. 

Sec. 306. State plan. 

Sec. 307. Performance measures. 

Sec. 308. Workforce and labor market information system. 

TITLE IV—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Subtitle A—Introductory Provisions 

Sec. 401. References. 

Sec. 402. Findings, purpose, policy. 

Sec. 403. Rehabilitation Services Administration. 

Sec. 404. Definitions. 

Sec. 405. Administration of the Act. 

Sec. 406. Reports. 

Sec. 407. Evaluation and information. 

Sec. 408. Carryover. 

Sec. 409. Traditionally underserved populations. 

Subtitle B—Vocational Rehabilitation Services 

Sec. 411. Declaration of policy; authorization of appropriations. 

Sec. 412. State plans. 

Sec. 413. Eligibility and individualized plan for employment. 

Sec. 414. Vocational rehabilitation services. 

Sec. 415. State Rehabilitation Council. 
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Sec. 416. Evaluation standards and performance indicators. 

Sec. 417. Monitoring and review. 

Sec. 418. Training and services for employers. 

Sec. 419. State allotments. 

Sec. 420. Payments to States. 

Sec. 421. Client assistance program. 

Sec. 422. Pre-employment transition services. 

Sec. 423. American Indian vocational rehabilitation services. 

Sec. 424. Vocational rehabilitation services client information. 

Subtitle C—Research and Training 

Sec. 431. Purpose. 

Sec. 432. Authorization of appropriations. 

Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation Research. 

Sec. 434. Interagency committee. 

Sec. 435. Research and other covered activities. 

Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

Sec. 437. Definition of covered school. 

Subtitle D—Professional Development and Special Projects and Demonstration 

Sec. 441. Purpose; training. 

Sec. 442. Demonstration, training, and technical assistance programs. 

Sec. 443. Migrant and seasonal farmworkers; recreational programs. 

Subtitle E—National Council on Disability 

Sec. 451. Establishment. 

Sec. 452. Report. 

Sec. 453. Authorization of appropriations. 

Subtitle F—Rights and Advocacy 

Sec. 456. Interagency Committee, Board, and Council. 

Sec. 457. Protection and advocacy of individual rights. 

Sec. 458. Limitations on use of subminimum wage. 

Subtitle G—Employment Opportunities for Individuals With Disabilities 

Sec. 461. Employment opportunities for individuals with disabilities. 

Subtitle H—Independent Living Services and Centers for Independent Living 

CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT DISABILITIES

SUBCHAPTER A—GENERAL PROVISIONS

Sec. 471. Purpose. 

Sec. 472. Administration of the independent living program. 

Sec. 473. Definitions. 

Sec. 474. State plan. 

Sec. 475. Statewide Independent Living Council. 

Sec. 475A. Responsibilities of the Administrator. 
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SUBCHAPTER B—INDEPENDENT LIVING SERVICES

Sec. 476. Administration. 

SUBCHAPTER C—CENTERS FOR INDEPENDENT LIVING

Sec. 481. Program authorization. 

Sec. 482. Centers. 

Sec. 483. Standards and assurances. 

Sec. 484. Authorization of appropriations. 

CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO

ARE BLIND

Sec. 486. Independent living services for older individuals who are blind. 

Sec. 487. Program of grants. 

Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. 

Subtitle I—General Provisions 

Sec. 491. Transfer of functions regarding independent living to Department of 

Health and Human Services, and savings provisions. 

Sec. 492. Table of contents. 

TITLE V—GENERAL PROVISIONS 

Subtitle A—Workforce Investment 

Sec. 501. Privacy. 

Sec. 502. Buy-American requirements. 

Sec. 503. Transition provisions. 

Sec. 504. Reduction of reporting burdens and requirements. 

Sec. 505. Report on data capability of Federal and State databases and data exchange agreements. 

Sec. 506. Effective dates. 

Subtitle B—Amendments to Other Laws 

Sec. 511. Repeal of the Workforce Investment Act of 1998. 

Sec. 512. Conforming amendments. 

Sec. 513. References. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are the following: 

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

4 States, particularly those individuals with barriers to 

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

7 they need to succeed in the labor market. 
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1 (2) To support the alignment of workforce invest2 ment, education, and economic development systems 

3 in support of a comprehensive, accessible, and high4 quality workforce development system in the United 

5 States. 

6 (3) To improve the quality and labor market rel7 evance of workforce investment, education, and eco8 nomic development efforts to provide America’s work9 ers with the skills and credentials necessary to secure 

10 and advance in employment with family-sustaining 

11 wages and to provide America’s employers with the 

12 skilled workers the employers need to succeed in a 

13 global economy. 

14 (4) To promote improvement in the structure of 

15 and delivery of services through the United States 

16 workforce development system to better address the 

17 employment and skill needs of workers, jobseekers, and 

18 employers. 

19 (5) To increase the prosperity of workers and 

20 employers in the United States, the economic growth 

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

22 competitiveness of the United States. 

23 (6) For purposes of subtitle A and B of title I, 

24 to provide workforce investment activities, through 

25 statewide and local workforce development systems, 
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1 that increase the employment, retention, and earnings 

2 of participants, and increase attainment of recognized 

3 postsecondary credentials by participants, and as a 

4 result, improve the quality of the workforce, reduce 

5 welfare dependency, increase economic self-sufficiency, 

6 meet the skill requirements of employers, and enhance 

7 the productivity and competitiveness of the Nation. 

8 SEC. 3. DEFINITIONS. 

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

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

11 (1) ADMINISTRATIVE COSTS.—The term ‘‘admin12 istrative costs’’ means expenditures incurred by State 

13 boards and local boards, direct recipients (including 

14 State grant recipients under subtitle B of title I and 

15 recipients of awards under subtitles C and D of title 

16 I), local grant recipients, local fiscal agents or local 

17 grant subrecipients, and one-stop operators in the 

18 performance of administrative functions and in car19 rying out activities under title I that are not related 

20 to the direct provision of workforce investment serv21 ices (including services to participants and employ22 ers). Such costs include both personnel and nonper23 sonnel costs and both direct and indirect costs. 
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1 (2) ADULT.—Except as otherwise specified in 

2 section 132, the term ‘‘adult’’ means an individual 

3 who is age 18 or older. 

4 (3) ADULT EDUCATION; ADULT EDUCATION AND

5 LITERACY ACTIVITIES.—The terms ‘‘adult education’’ 

6 and ‘‘adult education and literacy activities’’ have the 

7 meanings given the terms in section 203. 

8 (4) 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 of the Carl D. Perkins Career and Technical 

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

13 (5) BASIC SKILLS DEFICIENT.—The term ‘‘basic 

14 skills deficient’’ means, with respect to an indi15 vidual— 

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

17 English reading, writing, or computing skills at 

18 or below the 8th grade level on a generally ac19 cepted standardized test; or 

20 (B) who is a youth or adult, that the indi21 vidual is unable to compute or solve problems, or 

22 read, write, or speak English, at a level nec23 essary to function on the job, in the individual’s 

24 family, or in society. 
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1 (6) CAREER AND TECHNICAL EDUCATION.—The 

2 term ‘‘career and technical education’’ has the mean3 ing given the term in section 3 of the Carl D. Perkins 

4 Career and Technical Education Act of 2006 (20 

5 U.S.C. 2302). 

6 (7) CAREER PATHWAY.—The term ‘‘career path7 way’’ means a combination of rigorous and high8 quality education, training, and other services that— 

9 (A) aligns with the skill needs of industries 

10 in the economy of the State or regional economy 

11 involved; 

12 (B) prepares an individual to be successful 

13 in any of a full range of secondary or postsec14 ondary education options, including apprentice15 ships registered under the Act of August 16, 1937 

16 (commonly known as the ‘‘National Apprentice17 ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 

18 50 et seq.) (referred to individually in this Act 

19 as an ‘‘apprenticeship’’, except in section 171); 

20 (C) includes counseling to support an indi21 vidual in achieving the individual’s education 

22 and career goals; 

23 (D) includes, as appropriate, education of24 fered concurrently with and in the same context 
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1 as workforce preparation activities and training 

2 for a specific occupation or occupational cluster; 

3 (E) organizes education, training, and other 

4 services to meet the particular needs of an indi5 vidual in a manner that accelerates the edu6 cational and career advancement of the indi7 vidual to the extent practicable; 

8 (F) enables an individual to attain a sec9 ondary school diploma or its recognized equiva10 lent, and at least 1 recognized postsecondary cre11 dential; and 

12 (G) helps an individual enter or advance 

13 within a specific occupation or occupational 

14 cluster. 

15 (8) CAREER PLANNING.—The term ‘‘career plan16 ning’’ means the provision of a client-centered ap17 proach in the delivery of services, designed— 

18 (A) to prepare and coordinate comprehen19 sive employment plans, such as service strategies, 

20 for participants to ensure access to necessary 

21 workforce investment activities and supportive 

22 services, using, where feasible, computer-based 

23 technologies; and 
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1 (B) to provide job, education, and career 

2 counseling, as appropriate during program par3 ticipation and after job placement. 

4 (9) CHIEF ELECTED OFFICIAL.—The term ‘‘chief 

5 elected official’’ means— 

6 (A) the chief elected executive officer of a 

7 unit of general local government in a local area; 

8 and 

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

10 more than 1 unit of general local government, 

11 the individuals designated under the agreement 

12 described in section 107(c)(1)(B). 

13 (10) COMMUNITY-BASED ORGANIZATION.—The 

14 term ‘‘community-based organization’’ means a pri15 vate nonprofit organization (which may include a 

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

17 community or a significant segment of a community 

18 and that has demonstrated expertise and effectiveness 

19 in the field of workforce development. 

20 (11) COMPETITIVE INTEGRATED EMPLOYMENT.— 

21 The term ‘‘competitive integrated employment’’ has 

22 the meaning given the term in section 7 of the Reha23 bilitation Act of 1973 (29 U.S.C. 705), for individ24 uals with disabilities. 
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1 (12) CORE PROGRAM.—The term ‘‘core pro2 grams’’ means a program authorized under a core 

3 program provision. 

4 (13) CORE PROGRAM PROVISION.—The term 

5 ‘‘core program provision’’ means— 

6 (A) chapters 2 and 3 of subtitle B of title 

7 I (relating to youth workforce investment activi8 ties and adult and dislocated worker employment 

9 and training activities); 

10 (B) title II (relating to adult education and 

11 literacy activities); 

12 (C) sections 1 through 13 of the Wagner13 Peyser Act (29 U.S.C. 49 et seq.) (relating to em14 ployment services); and 

15 (D) title I of the Rehabilitation Act of 1973 

16 (29 U.S.C. 720 et seq.), other than section 112 or 

17 part C of that title (29 U.S.C. 732, 741) (relat18 ing to vocational rehabilitation services). 

19 (14) CUSTOMIZED TRAINING.—The term ‘‘cus20 tomized training’’ means training— 

21 (A) that is designed to meet the specific re22 quirements of an employer (including a group of 

23 employers); 
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1 (B) that is conducted with a commitment 

2 by the employer to employ an individual upon 

3 successful completion of the training; and 

4 (C) for which the employer pays— 

5 (i) a significant portion of the cost of 

6 training, as determined by the local board 

7 involved, taking into account the size of the 

8 employer and such other factors as the local 

9 board determines to be appropriate, which 

10 may include the number of employees par11 ticipating in training, wage and benefit lev12 els of those employees (at present and an13 ticipated upon completion of the training), 

14 relation of the training to the competitive15 ness of a participant, and other employer16 provided training and advancement oppor17 tunities; and 

18 (ii) in the case of customized training 

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

20 involving an employer located in multiple 

21 local areas in the State, a significant por22 tion of the cost of the training, as deter23 mined by the Governor of the State, taking 

24 into account the size of the employer and 
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1 such other factors as the Governor deter2 mines to be appropriate. 

3 (15) DISLOCATED WORKER.—The term ‘‘dis4 located worker’’ means an individual who— 

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

6 who has received a notice of termination or lay7 off, from employment; 

8 (ii)(I) is eligible for or has exhausted enti9 tlement to unemployment compensation; or 

10 (II) has been employed for a duration suffi11 cient to demonstrate, to the appropriate entity at 

12 a one-stop center referred to in section 121(e), 

13 attachment to the workforce, but is not eligible 

14 for unemployment compensation due to insuffi15 cient earnings or having performed services for 

16 an employer that were not covered under a State 

17 unemployment compensation law; and 

18 (iii) is unlikely to return to a previous in19 dustry or occupation; 

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

21 has received a notice of termination or layoff, 

22 from employment as a result of any permanent 

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

24 facility, or enterprise; 
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1 (ii) is employed at a facility at which the 

2 employer has made a general announcement that 

3 such facility will close within 180 days; or 

4 (iii) for purposes of eligibility to receive 

5 services other than training services described in 

6 section 134(c)(3), career services described in sec7 tion 134(c)(2)(A)(xii), or supportive services, is 

8 employed at a facility at which the employer has 

9 made a general announcement that such facility 

10 will close; 

11 (C) was self-employed (including employ12 ment as a farmer, a rancher, or a fisherman) but 

13 is unemployed as a result of general economic 

14 conditions in the community in which the indi15 vidual resides or because of natural disasters; 

16 (D) is a displaced homemaker; or 

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

18 Armed Forces on active duty (as defined in sec19 tion 101(d)(1) of title 10, United States Code), 

20 and who has experienced a loss of employment as 

21 a direct result of relocation to accommodate a 

22 permanent change in duty station of such mem23 ber; or 
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1 (ii) is the spouse of a member of the Armed 

2 Forces on active duty and who meets the criteria 

3 described in paragraph (16)(B). 

4 (16) DISPLACED HOMEMAKER.—The term ‘‘dis5 placed homemaker’’ means an individual who has 

6 been providing unpaid services to family members in 

7 the home and who— 

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

9 another family member but is no longer sup10 ported by that income; or 

11 (ii) is the dependent spouse of a member of 

12 the Armed Forces on active duty (as defined in 

13 section 101(d)(1) of title 10, United States Code) 

14 and whose family income is significantly re15 duced because of a deployment (as defined in sec16 tion 991(b) of title 10, United States Code, or 

17 pursuant to paragraph (4) of such section), a 

18 call or order to active duty pursuant to a provi19 sion of law referred to in section 101(a)(13)(B) 

20 of title 10, United States Code, a permanent 

21 change of station, or the service-connected (as de22 fined in section 101(16) of title 38, United 

23 States Code) death or disability of the member; 

24 and 
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1 (B) is unemployed or underemployed and is 

2 experiencing difficulty in obtaining or upgrad3 ing employment. 

4 (17) ECONOMIC DEVELOPMENT AGENCY.—The 

5 term ‘‘economic development agency’’ includes a local 

6 planning or zoning commission or board, a commu7 nity development agency, or another local agency or 

8 institution responsible for regulating, promoting, or 

9 assisting in local economic development. 

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

11 subtitles C and D of title I, the term ‘‘eligible youth’’ 

12 means an in-school youth or out-of-school youth. 

13 (19) EMPLOYMENT AND TRAINING ACTIVITY.— 

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

15 an activity described in section 134 that is carried 

16 out for an adult or dislocated worker. 

17 (20) ENGLISH LANGUAGE ACQUISITION PRO18 GRAM.—The term ‘‘English language acquisition pro19 gram’’ has the meaning given the term in section 203. 

20 (21) ENGLISH LANGUAGE LEARNER.—The term 

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

22 the term in section 203. 

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

24 the chief executive of a State or an outlying area. 
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1 (23) IN-DEMAND INDUSTRY SECTOR OR OCCUPA2 TION.— 

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

4 industry sector or occupation’’ means— 

5 (i) an industry sector that has a sub6 stantial current or potential impact (in7 cluding through jobs that lead to economic 

8 self-sufficiency and opportunities for ad9 vancement) on the State, regional, or local 

10 economy, as appropriate, and that contrib11 utes to the growth or stability of other sup12 porting businesses, or the growth of other 

13 industry sectors; or 

14 (ii) an occupation that currently has 

15 or is projected to have a number of posi16 tions (including positions that lead to eco17 nomic self-sufficiency and opportunities for 

18 advancement) in an industry sector so as to 

19 have a significant impact on the State, re20 gional, or local economy, as appropriate. 

21 (B) DETERMINATION.—The determination 

22 of whether an industry sector or occupation is 

23 in-demand under this paragraph shall be made 

24 by the State board or local board, as appro25 priate, using State and regional business and 
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1 labor market projections, including the use of 

2 labor market information. 

3 (24) INDIVIDUAL WITH A BARRIER TO EMPLOY4 MENT.—The term ‘‘individual with a barrier to em5 ployment’’ means a member of 1 or more of the fol6 lowing populations: 

7 (A) Displaced homemakers. 

8 (B) Low-income individuals. 

9 (C) Indians, Alaska Natives, and Native 

10 Hawaiians, as such terms are defined in section 

11 166. 

12 (D) Individuals with disabilities, including 

13 youth who are individuals with disabilities. 

14 (E) Older individuals. 

15 (F) Ex-offenders. 

16 (G) Homeless individuals (as defined in sec17 tion 41403(6) of the Violence Against Women Act 

18 of 1994 (42 U.S.C. 14043e–2(6))), or homeless 

19 children and youths (as defined in section 725(2) 

20 of the McKinney-Vento Homeless Assistance Act 

21 (42 U.S.C. 11434a(2))). 

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

23 the foster care system. 

24 (I) Individuals who are English language 

25 learners, individuals who have low levels of lit-
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1 eracy, and individuals facing substantial cul2 tural barriers. 

3 (J) Eligible migrant and seasonal farm4 workers, as defined in section 167(i). 

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

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

8 seq.). 

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

11 (M) Long-term unemployed individuals. 

12 (N) Such other groups as the Governor in13 volved determines to have barriers to employ14 ment. 

15 (25) INDIVIDUAL WITH A DISABILITY.— 

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

17 with a disability’’ means an individual with a 

18 disability as defined in section 3 of the Ameri19 cans with Disabilities Act of 1990 (42 U.S.C. 

20 12102). 

21 (B) INDIVIDUALS WITH DISABILITIES.—The 

22 term ‘‘individuals with disabilities’’ means more 

23 than 1 individual with a disability. 

24 (26) INDUSTRY OR SECTOR PARTNERSHIP.—The 

25 term ‘‘industry or sector partnership’’ means a work-
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1 force collaborative, convened by or acting in partner2 ship with a State board or local board, that— 

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

5 the shared goals and human resources needs of 

6 the industry cluster and that includes, at the ap7 propriate stage of development of the partner8 ship— 

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

11 cluster, including small and medium-sized 

12 employers when practicable; 

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

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

17 (iii) 1 or more representatives of an 

18 institution of higher education with, or an19 other provider of, education or training pro20 grams that support the industry cluster; 

21 and 

22 (B) may include representatives of— 

23 (i) State or local government; 

24 (ii) State or local economic develop25 ment agencies; 
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1 (iii) State boards or local boards, as 

2 appropriate; 

3 (iv) a State workforce agency or other 

4 entity providing employment services; 

5 (v) other State or local agencies; 

6 (vi) business or trade associations; 

7 (vii) economic development organiza8 tions; 

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

11 (ix) philanthropic organizations; 

12 (x) industry associations; and 

13 (xi) other organizations, as determined 

14 to be necessary by the members comprising 

15 the industry or sector partnership. 

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

17 youth’’ means a youth described in section 

18 129(a)(1)(C). 

19 (28) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ has the mean21 ing given the term in section 101, and subparagraphs 

22 (A) and (B) of section 102(a)(1), of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1001, 1002(a)(1)). 
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1 (29) INTEGRATED EDUCATION AND TRAINING.— 

2 The term ‘‘integrated education and training’’ has the 

3 meaning given the term in section 203. 

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

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

7 find employment within a reasonable distance or can 

8 readily change employment without changing their 

9 place of residence. Such an area shall be identified in 

10 accordance with criteria used by the Bureau of Labor 

11 Statistics of the Department of Labor in defining 

12 such areas or similar criteria established by a Gov13 ernor. 

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

15 meaning given the term in section 203. 

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

17 means a local workforce investment area designated 

18 under section 106, subject to sections 106(c)(3)(A), 

19 107(c)(4)(B)(i), and 189(i). 

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

21 means a local workforce development board estab22 lished under section 107, subject to section 

23 107(c)(4)(B)(i). 

24 (34) LOCAL EDUCATIONAL AGENCY.—The term 

25 ‘‘local educational agency’’ has the meaning given the 
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1 term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801). 

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

4 means a plan submitted under section 108, subject to 

5 section 106(c)(3)(B). 

6 (36) LOW-INCOME INDIVIDUAL.— 

7 (A) IN GENERAL.—The term ‘‘low-income 

8 individual’’ means an individual who— 

9 (i) receives, or in the past 6 months 

10 has received, or is a member of a family 

11 that is receiving or in the past 6 months 

12 has received, assistance through the supple13 mental nutrition assistance program estab14 lished under the Food and Nutrition Act of 

15 2008 (7 U.S.C. 2011 et seq.), the program 

16 of block grants to States for temporary as17 sistance for needy families program under 

18 part A of title IV of the Social Security Act 

19 (42 U.S.C. 601 et seq.), or the supplemental 

20 security income program established under 

21 title XVI of the Social Security Act (42 

22 U.S.C. 1381 et seq.), or State or local in23 come-based public assistance; 

24 (ii) is in a family with total family 

25 income that does not exceed the higher of— 
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1 (I) the poverty line; or 

2 (II) 70 percent of the lower living 

3 standard income level; 

4 (iii) is a homeless individual (as de5 fined in section 41403(6) of the Violence 

6 Against Women Act of 1994 (42 U.S.C. 

7 14043e–2(6))), or a homeless child or youth 

8 (as defined under section 725(2) of the 

9 McKinney-Vento Homeless Assistance Act 

10 (42 U.S.C. 11434a(2))); 

11 (iv) receives or is eligible to receive a 

12 free or reduced price lunch under the Rich13 ard B. Russell National School Lunch Act 

14 (42 U.S.C. 1751 et seq.); 

15 (v) is a foster child on behalf of whom 

16 State or local government payments are 

17 made; or 

18 (vi) is an individual with a disability 

19 whose own income meets the income require20 ment of clause (ii), but who is a member of 

21 a family whose income does not meet this 

22 requirement. 

23 (B) LOWER LIVING STANDARD INCOME

24 LEVEL.—The term ‘‘lower living standard in25 come level’’ means that income level (adjusted for 
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1 regional, metropolitan, urban, and rural dif2 ferences and family size) determined annually by 

3 the Secretary of Labor based on the most recent 

4 lower living family budget issued by the Sec5 retary. 

6 (37) NONTRADITIONAL EMPLOYMENT.—The term 

7 ‘‘nontraditional employment’’ refers to occupations or 

8 fields of work, for which individuals from the gender 

9 involved comprise less than 25 percent of the individ10 uals employed in each such occupation or field of 

11 work. 

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

13 adult or juvenile— 

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

15 of the criminal justice process, and for whom 

16 services under this Act may be beneficial; or 

17 (B) who requires assistance in overcoming 

18 artificial barriers to employment resulting from 

19 a record of arrest or conviction. 

20 (39) OLDER INDIVIDUAL.—The term ‘‘older indi21 vidual’’ means an individual age 55 or older. 

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

23 center’’ means a site described in section 121(e)(2). 
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1 (41) ONE-STOP OPERATOR.—The term ‘‘one-stop 

2 operator’’ means 1 or more entities designated or cer3 tified under section 121(d). 

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

5 partner’’ means— 

6 (A) an entity described in section 121(b)(1); 

7 and 

8 (B) an entity described in section 121(b)(2) 

9 that is participating, with the approval of the 

10 local board and chief elected official, in the oper11 ation of a one-stop delivery system. 

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

13 ‘‘one-stop partner program’’ means a program or ac14 tivities described in section 121(b) of a one-stop part15 ner. 

16 (44) ON-THE-JOB TRAINING.—The term ‘‘on-the17 job training’’ means training by an employer that is 

18 provided to a paid participant while engaged in pro19 ductive work in a job that— 

20 (A) provides knowledge or skills essential to 

21 the full and adequate performance of the job; 

22 (B) is made available through a program 

23 that provides reimbursement to the employer of 

24 up to 50 percent of the wage rate of the partici25 pant, except as provided in section 134(c)(3)(H), 
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1 for the extraordinary costs of providing the 

2 training and additional supervision related to 

3 the training; and 

4 (C) is limited in duration as appropriate to 

5 the occupation for which the participant is being 

6 trained, taking into account the content of the 

7 training, the prior work experience of the partic8 ipant, and the service strategy of the partici9 pant, as appropriate. 

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

11 area’’ means— 

12 (A) American Samoa, Guam, the Common13 wealth of the Northern Mariana Islands, and the 

14 United States Virgin Islands; and 

15 (B) the Republic of Palau, except during 

16 any period for which the Secretary of Labor and 

17 the Secretary of Education determine that a 

18 Compact of Free Association is in effect and con19 tains provisions for training and education as20 sistance prohibiting the assistance provided 

21 under this Act. 

22 (46) OUT-OF-SCHOOL YOUTH.—The term ‘‘out-of23 school youth’’ means a youth described in section 

24 129(a)(1)(B). 
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1 (47) PAY-FOR-PERFORMANCE CONTRACT STRAT2 EGY.—The term ‘‘pay-for-performance contract strat3 egy’’ means a procurement strategy that uses pay-for4 performance contracts in the provision of training 

5 services described in section 134(c)(3) or activities de6 scribed in section 129(c)(2), and includes— 

7 (A) contracts, each of which shall specify a 

8 fixed amount that will be paid to an eligible 

9 service provider (which may include a local or 

10 national community-based organization or inter11 mediary, community college, or other training 

12 provider, that is eligible under section 122 or 

13 123, as appropriate) based on the achievement of 

14 specified levels of performance on the primary 

15 indicators of performance described in section 

16 116(b)(2)(A) for target populations as identified 

17 by the local board (including individuals with 

18 barriers to employment), within a defined time19 table, and which may provide for bonus pay20 ments to such service provider to expand capac21 ity to provide effective training; 

22 (B) a strategy for independently validating 

23 the achievement of the performance described in 

24 subparagraph (A); and 
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1 (C) a description of how the State or local 

2 area will reallocate funds not paid to a provider 

3 because the achievement of the performance de4 scribed in subparagraph (A) did not occur, for 

5 further activities related to such a procurement 

6 strategy, subject to section 189(g)(4). 

7 (48) PLANNING REGION.—The term ‘‘planning 

8 region’’ means a region described in subparagraph 

9 (B) or (C) of section 106(a)(2), subject to section 

10 107(c)(4)(B)(i). 

11 (49) POVERTY LINE.—The term ‘‘poverty line’’ 

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

13 Management and Budget, and revised annually in ac14 cordance with section 673(2) of the Community Serv15 ices Block Grant Act (42 U.S.C. 9902(2))) applicable 

16 to a family of the size involved. 

17 (50) PUBLIC ASSISTANCE.—The term ‘‘public as18 sistance’’ means Federal, State, or local government 

19 cash payments for which eligibility is determined by 

20 a needs or income test. 

21 (51) RAPID RESPONSE ACTIVITY.—The term 

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

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

24 with funds provided by the State under section 

25 134(a)(1)(A), in the case of a permanent closure or 
32 

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

2 natural or other disaster, that results in mass job dis3 location, in order to assist dislocated workers in ob4 taining reemployment as soon as possible, with serv5 ices including— 

6 (A) the establishment of onsite contact with 

7 employers and employee representatives— 

8 (i) immediately after the State is noti9 fied of a current or projected permanent clo10 sure or mass layoff; or 

11 (ii) in the case of a disaster, imme12 diately after the State is made aware of 

13 mass job dislocation as a result of such dis14 aster; 

15 (B) the provision of information on and ac16 cess to available employment and training ac17 tivities; 

18 (C) assistance in establishing a labor-man19 agement committee, voluntarily agreed to by 

20 labor and management, with the ability to devise 

21 and implement a strategy for assessing the em22 ployment and training needs of dislocated work23 ers and obtaining services to meet such needs; 
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1 (D) the provision of emergency assistance 

2 adapted to the particular closure, layoff, or dis3 aster; and 

4 (E) the provision of assistance to the local 

5 community in developing a coordinated response 

6 and in obtaining access to State economic devel7 opment assistance. 

8 (52) RECOGNIZED POSTSECONDARY CREDEN9 TIAL.—The term ‘‘recognized postsecondary creden10 tial’’ means a credential consisting of an industry11 recognized certificate or certification, a certificate of 

12 completion of an apprenticeship, a license recognized 

13 by the State involved or Federal Government, or an 

14 associate or baccalaureate degree. 

15 (53) REGION.—The term ‘‘region’’, used without 

16 further description, means a region identified under 

17 section 106(a), subject to section 107(c)(4)(B)(i) and 

18 except as provided in section 106(b)(1)(B)(ii). 

19 (54) SCHOOL DROPOUT.—The term ‘‘school drop20 out’’ means an individual who is no longer attending 

21 any school and who has not received a secondary 

22 school diploma or its recognized equivalent. 

23 (55) SECONDARY SCHOOL.—The term ‘‘secondary 

24 school’’ has the meaning given the term in section 
34 

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1 9101 of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7801). 

3 (56) STATE.—The term ‘‘State’’ means each of 

4 the several States of the United States, the District of 

5 Columbia, and the Commonwealth of Puerto Rico. 

6 (57) STATE BOARD.—The term ‘‘State board’’ 

7 means a State workforce development board estab8 lished under section 101. 

9 (58) STATE PLAN.—The term ‘‘State plan’’, used 

10 without further description, means a unified State 

11 plan under section 102 or a combined State plan 

12 under section 103. 

13 (59) SUPPORTIVE SERVICES.—The term ‘‘sup14 portive services’’ means services such as transpor15 tation, child care, dependent care, housing, and needs16 related payments, that are necessary to enable an in17 dividual to participate in activities authorized under 

18 this Act. 

19 (60) TRAINING SERVICES.—The term ‘‘training 

20 services’’ means services described in section 

21 134(c)(3). 

22 (61) UNEMPLOYED INDIVIDUAL.—The term ‘‘un23 employed individual’’ means an individual who is 

24 without a job and who wants and is available for 

25 work. The determination of whether an individual is 
35 

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1 without a job, for purposes of this paragraph, shall be 

2 made in accordance with the criteria used by the Bu3 reau of Labor Statistics of the Department of Labor 

4 in defining individuals as unemployed. 

5 (62) UNIT OF GENERAL LOCAL GOVERNMENT.— 

6 The term ‘‘unit of general local government’’ means 

7 any general purpose political subdivision of a State 

8 that has the power to levy taxes and spend funds, as 

9 well as general corporate and police powers. 

10 (63) VETERAN; RELATED DEFINITION.— 

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

12 meaning given the term in section 101 of title 

13 38, United States Code. 

14 (B) RECENTLY SEPARATED VETERAN.—The 

15 term ‘‘recently separated veteran’’ means any 

16 veteran who applies for participation under this 

17 Act within 48 months after the discharge or re18 lease from active military, naval, or air service. 

19 (64) VOCATIONAL REHABILITATION PROGRAM.— 

20 The term ‘‘vocational rehabilitation program’’ means 

21 a program authorized under a provision covered 

22 under paragraph (13)(D). 

23 (65) WORKFORCE DEVELOPMENT ACTIVITY.—The 

24 term ‘‘workforce development activity’’ means an ac-
36 

† HR 803 EAS 

1 tivity carried out through a workforce development 

2 program. 

3 (66) WORKFORCE DEVELOPMENT PROGRAM.— 

4 The term ‘‘workforce development program’’ means a 

5 program made available through a workforce develop6 ment system. 

7 (67) WORKFORCE DEVELOPMENT SYSTEM.—The 

8 term ‘‘workforce development system’’ means a system 

9 that makes available the core programs, the other one10 stop partner programs, and any other programs pro11 viding employment and training services as identified 

12 by a State board or local board. 

13 (68) WORKFORCE INVESTMENT ACTIVITY.—The 

14 term ‘‘workforce investment activity’’ means an em15 ployment and training activity, and a youth work16 force investment activity. 

17 (69) WORKFORCE PREPARATION ACTIVITIES.— 

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

19 meaning given the term in section 203. 

20 (70) WORKPLACE LEARNING ADVISOR.—The term 

21 ‘‘workplace learning advisor’’ means an individual 

22 employed by an organization who has the knowledge 

23 and skills necessary to advise other employees of that 

24 organization about the education, skill development, 

25 job training, career counseling services, and creden-
37 

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1 tials, including services provided through the work2 force development system, required to progress toward 

3 career goals of such employees in order to meet em4 ployer requirements related to job openings and career 

5 advancements that support economic self-sufficiency. 

6 (71) YOUTH WORKFORCE INVESTMENT ACTIV7 ITY.—The term ‘‘youth workforce investment activity’’ 

8 means an activity described in section 129 that is 

9 carried out for eligible youth (or as described in sec10 tion 129(a)(3)(A)). 

11 TITLE I—WORKFORCE 

12 DEVELOPMENT ACTIVITIES 

13 Subtitle A—System Alignment 

14 CHAPTER 1—STATE PROVISIONS 

15 SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS. 

16 (a) IN GENERAL.—The Governor of a State shall estab17 lish a State workforce development board to carry out the 

18 functions described in subsection (d). 

19 (b) MEMBERSHIP.— 

20 (1) IN GENERAL.—The State board shall in21 clude— 

22 (A) the Governor; 

23 (B) a member of each chamber of the State 

24 legislature (to the extent consistent with State 
38 

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1 law), appointed by the appropriate presiding of2 ficers of such chamber; and 

3 (C) members appointed by the Governor, of 

4 which— 

5 (i) a majority shall be representatives 

6 of businesses in the State, who— 

7 (I) are owners of businesses, chief 

8 executives or operating officers of busi9 nesses, or other business executives or 

10 employers with optimum policymaking 

11 or hiring authority, and who, in addi12 tion, may be members of a local board 

13 described in section 107(b)(2)(A)(i); 

14 (II) represent businesses (includ15 ing small businesses), or organizations 

16 representing businesses described in 

17 this subclause, that provide employ18 ment opportunities that, at a min19 imum, include high-quality, work-rel20 evant training and development in in21 demand industry sectors or occupa22 tions in the State; and 

23 (III) are appointed from among 

24 individuals nominated by State busi-
39 

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1 ness organizations and business trade 

2 associations; 

3 (ii) not less than 20 percent shall be 

4 representatives of the workforce within the 

5 State, who— 

6 (I) shall include representatives of 

7 labor organizations, who have been 

8 nominated by State labor federations; 

9 (II) shall include a representative, 

10 who shall be a member of a labor orga11 nization or a training director, from a 

12 joint labor-management apprenticeship 

13 program, or if no such joint program 

14 exists in the State, such a representa15 tive of an apprenticeship program in 

16 the State; 

17 (III) may include representatives 

18 of community-based organizations that 

19 have demonstrated experience and ex20 pertise in addressing the employment, 

21 training, or education needs of indi22 viduals with barriers to employment, 

23 including organizations that serve vet24 erans or that provide or support com-
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1 petitive, integrated employment for in2 dividuals with disabilities; and 

3 (IV) may include representatives 

4 of organizations that have dem5 onstrated experience and expertise in 

6 addressing the employment, training, 

7 or education needs of eligible youth, in8 cluding representatives of organiza9 tions that serve out-of-school youth; 

10 and 

11 (iii) the balance— 

12 (I) shall include representatives of 

13 government, who— 

14 (aa) shall include the lead 

15 State officials with primary re16 sponsibility for the core programs; 

17 and 

18 (bb) shall include chief elect19 ed officials (collectively rep20 resenting both cities and counties, 

21 where appropriate); and 

22 (II) may include such other rep23 resentatives and officials as the Gov24 ernor may designate, such as— 
41 

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1 (aa) the State agency offi2 cials from agencies that are one3 stop partners not specified in sub4 clause (I) (including additional 

5 one-stop partners whose programs 

6 are covered by the State plan, if 

7 any); 

8 (bb) State agency officials re9 sponsible for economic develop10 ment or juvenile justice programs 

11 in the State; 

12 (cc) individuals who rep13 resent an Indian tribe or tribal 

14 organization, as such terms are 

15 defined in section 166(b); and 

16 (dd) State agency officials 

17 responsible for education pro18 grams in the State, including 

19 chief executive officers of commu20 nity colleges and other institu21 tions of higher education. 

22 (2) DIVERSE AND DISTINCT REPRESENTATION.— 

23 The members of the State board shall represent di24 verse geographic areas of the State, including urban, 

25 rural, and suburban areas. 
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1 (3) NO REPRESENTATION OF MULTIPLE CAT2 EGORIES.—No person shall serve as a member for 

3 more than 1 of— 

4 (A) the category described in paragraph 

5 (1)(C)(i); or 

6 (B) 1 category described in a subclause of 

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

8 (c) CHAIRPERSON.—The Governor shall select a chair9 person for the State board from among the representatives 

10 described in subsection (b)(1)(C)(i). 

11 (d) FUNCTIONS.—The State board shall assist the Gov12 ernor in— 

13 (1) the development, implementation, and modi14 fication of the State plan; 

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

16 statewide policies, of statewide programs, and of rec17 ommendations on actions that should be taken by the 

18 State to align workforce development programs in the 

19 State in a manner that supports a comprehensive and 

20 streamlined workforce development system in the 

21 State, including the review and provision of com22 ments on the State plans, if any, for programs and 

23 activities of one-stop partners that are not core pro24 grams; 
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1 (3) the development and continuous improvement 

2 of the workforce development system in the State, in3 cluding— 

4 (A) the identification of barriers and means 

5 for removing barriers to better coordinate, align, 

6 and avoid duplication among the programs and 

7 activities carried out through the system; 

8 (B) the development of strategies to support 

9 the use of career pathways for the purpose of 

10 providing individuals, including low-skilled 

11 adults, youth, and individuals with barriers to 

12 employment (including individuals with disabil13 ities), with workforce investment activities, edu14 cation, and supportive services to enter or retain 

15 employment; 

16 (C) the development of strategies for pro17 viding effective outreach to and improved access 

18 for individuals and employers who could benefit 

19 from services provided through the workforce de20 velopment system; 

21 (D) the development and expansion of strat22 egies for meeting the needs of employers, workers, 

23 and jobseekers, particularly through industry or 

24 sector partnerships related to in-demand indus25 try sectors and occupations; 
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1 (E) the identification of regions, including 

2 planning regions, for the purposes of section 

3 106(a), and the designation of local areas under 

4 section 106, after consultation with local boards 

5 and chief elected officials; 

6 (F) the development and continuous im7 provement of the one-stop delivery system in 

8 local areas, including providing assistance to 

9 local boards, one-stop operators, one-stop part10 ners, and providers with planning and deliv11 ering services, including training services and 

12 supportive services, to support effective delivery 

13 of services to workers, jobseekers, and employers; 

14 and 

15 (G) the development of strategies to support 

16 staff training and awareness across programs 

17 supported under the workforce development sys18 tem; 

19 (4) the development and updating of comprehen20 sive State performance accountability measures, in21 cluding State adjusted levels of performance, to assess 

22 the effectiveness of the core programs in the State as 

23 required under section 116(b); 
45 

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1 (5) the identification and dissemination of infor2 mation on best practices, including best practices 

3 for— 

4 (A) the effective operation of one-stop cen5 ters, relating to the use of business outreach, 

6 partnerships, and service delivery strategies, in7 cluding strategies for serving individuals with 

8 barriers to employment; 

9 (B) the development of effective local boards, 

10 which may include information on factors that 

11 contribute to enabling local boards to exceed ne12 gotiated local levels of performance, sustain fiscal 

13 integrity, and achieve other measures of effective14 ness; and 

15 (C) effective training programs that respond 

16 to real-time labor market analysis, that effec17 tively use direct assessment and prior learning 

18 assessment to measure an individual’s prior 

19 knowledge, skills, competencies, and experiences, 

20 and that evaluate such skills, and competencies 

21 for adaptability, to support efficient placement 

22 into employment or career pathways; 

23 (6) the development and review of statewide poli24 cies affecting the coordinated provision of services 
46 

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1 through the State’s one-stop delivery system described 

2 in section 121(e), including the development of— 

3 (A) objective criteria and procedures for use 

4 by local boards in assessing the effectiveness and 

5 continuous improvement of one-stop centers de6 scribed in such section; 

7 (B) guidance for the allocation of one-stop 

8 center infrastructure funds under section 121(h); 

9 and 

10 (C) policies relating to the appropriate roles 

11 and contributions of entities carrying out one12 stop partner programs within the one-stop deliv13 ery system, including approaches to facilitating 

14 equitable and efficient cost allocation in such 

15 system; 

16 (7) the development of strategies for technological 

17 improvements to facilitate access to, and improve the 

18 quality of, services and activities provided through the 

19 one-stop delivery system, including such improve20 ments to— 

21 (A) enhance digital literacy skills (as de22 fined in section 202 of the Museum and Library 

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

24 Act as ‘‘digital literacy skills’’); 
47 

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1 (B) accelerate the acquisition of skills and 

2 recognized postsecondary credentials by partici3 pants; 

4 (C) strengthen the professional development 

5 of providers and workforce professionals; and 

6 (D) ensure such technology is accessible to 

7 individuals with disabilities and individuals re8 siding in remote areas; 

9 (8) the development of strategies for aligning 

10 technology and data systems across one-stop partner 

11 programs to enhance service delivery and improve ef12 ficiencies in reporting on performance accountability 

13 measures (including the design and implementation 

14 of common intake, data collection, case management 

15 information, and performance accountability meas16 urement and reporting processes and the incorpora17 tion of local input into such design and implementa18 tion, to improve coordination of services across one19 stop partner programs); 

20 (9) the development of allocation formulas for the 

21 distribution of funds for employment and training ac22 tivities for adults, and youth workforce investment ac23 tivities, to local areas as permitted under sections 

24 128(b)(3) and 133(b)(3); 
48 

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1 (10) the preparation of the annual reports de2 scribed in paragraphs (1) and (2) of section 116(d); 

3 (11) the development of the statewide workforce 

4 and labor market information system described in 

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

6 49l–2(e)); and 

7 (12) the development of such other policies as 

8 may promote statewide objectives for, and enhance the 

9 performance of, the workforce development system in 

10 the State. 

11 (e) ALTERNATIVE ENTITY.— 

12 (1) IN GENERAL.—For the purposes of complying 

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

14 any State entity (including a State council, State 

15 workforce development board (within the meaning of 

16 the Workforce Investment Act of 1998, as in effect on 

17 the day before the date of enactment of this Act), com18 bination of regional workforce development boards, or 

19 similar entity) that— 

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

21 date of enactment of the Workforce Investment 

22 Act of 1998; 

23 (B) is substantially similar to the State 

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

25 and 
49 

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1 (C) includes representatives of business in 

2 the State and representatives of labor organiza3 tions in the State. 

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

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

6 State board shall be considered to include such an en7 tity. 

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

9 board may not— 

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

11 State board— 

12 (A) regarding the provision of services by 

13 such member (or by an entity that such member 

14 represents); or 

15 (B) that would provide direct financial ben16 efit to such member or the immediate family of 

17 such member; or 

18 (2) engage in any other activity determined by 

19 the Governor to constitute a conflict of interest as 

20 specified in the State plan. 

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

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

23 electronic means and open meetings, information regarding 

24 the activities of the State board, including information re25 garding the State plan, or a modification to the State plan, 
50 

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1 prior to submission of the plan or modification of the plan, 

2 respectively, information regarding membership, and, on 

3 request, minutes of formal meetings of the State board. 

4 (h) AUTHORITY TO HIRE STAFF.— 

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

6 director and other staff to assist in carrying out the 

7 functions described in subsection (d) using funds 

8 available as described in section 129(b)(3) or 

9 134(a)(3)(B)(i). 

10 (2) QUALIFICATIONS.—The State board shall es11 tablish and apply a set of objective qualifications for 

12 the position of director, that ensures that the indi13 vidual selected has the requisite knowledge, skills, and 

14 abilities, to meet identified benchmarks and to assist 

15 in effectively carrying out the functions of the State 

16 board. 

17 (3) LIMITATION ON RATE.—The director and 

18 staff described in paragraph (1) shall be subject to the 

19 limitations on the payment of salary and bonuses de20 scribed in section 194(15). 

21 SEC. 102. UNIFIED STATE PLAN. 

22 (a) PLAN.—For a State to be eligible to receive allot23 ments for the core programs, the Governor shall submit to 

24 the Secretary of Labor for the approval process described 

25 under subsection (c)(2), a unified State plan. The unified 
51 

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1 State plan shall outline a 4-year strategy for the core pro2 grams of the State and meet the requirements of this section. 

3 (b) CONTENTS.— 

4 (1) STRATEGIC PLANNING ELEMENTS.—The uni5 fied State plan shall include strategic planning ele6 ments consisting of a strategic vision and goals for 

7 preparing an educated and skilled workforce, that in8 clude— 

9 (A) an analysis of the economic conditions 

10 in the State, including— 

11 (i) existing and emerging in-demand 

12 industry sectors and occupations; and 

13 (ii) the employment needs of employ14 ers, including a description of the knowl15 edge, skills, and abilities, needed in those 

16 industries and occupations; 

17 (B) an analysis of the current workforce, 

18 employment and unemployment data, labor mar19 ket trends, and the educational and skill levels of 

20 the workforce, including individuals with bar21 riers to employment (including individuals with 

22 disabilities), in the State; 

23 (C) an analysis of the workforce develop24 ment activities (including education and train25 ing) in the State, including an analysis of the 
52 

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1 strengths and weaknesses of such activities, and 

2 the capacity of State entities to provide such ac3 tivities, in order to address the identified edu4 cation and skill needs of the workforce and the 

5 employment needs of employers in the State; 

6 (D) a description of the State’s strategic vi7 sion and goals for preparing an educated and 

8 skilled workforce (including preparing youth and 

9 individuals with barriers to employment) and 

10 for meeting the skilled workforce needs of employ11 ers, including goals relating to performance ac12 countability measures based on primary indica13 tors of performance described in section 

14 116(b)(2)(A), in order to support economic 

15 growth and economic self-sufficiency, and of how 

16 the State will assess the overall effectiveness of 

17 the workforce investment system in the State; 

18 and 

19 (E) taking into account analyses described 

20 in subparagraphs (A) through (C), a strategy for 

21 aligning the core programs, as well as other re22 sources available to the State, to achieve the stra23 tegic vision and goals described in subparagraph 

24 (D). 

25 (2) OPERATIONAL PLANNING ELEMENTS.— 
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1 (A) IN GENERAL.—The unified State plan 

2 shall include the operational planning elements 

3 contained in this paragraph, which shall support 

4 the strategy described in paragraph (1)(E), in5 cluding a description of how the State board will 

6 implement the functions under section 101(d). 

7 (B) IMPLEMENTATION OF STATE STRAT8 EGY.—The unified State plan shall describe how 

9 the lead State agency with responsibility for the 

10 administration of a core program will imple11 ment the strategy described in paragraph (1)(E), 

12 including a description of— 

13 (i) the activities that will be funded by 

14 the entities carrying out the respective core 

15 programs to implement the strategy and 

16 how such activities will be aligned across 

17 the programs and among the entities ad18 ministering the programs, including using 

19 co-enrollment and other strategies; 

20 (ii) how the activities described in 

21 clause (i) will be aligned with activities 

22 provided under employment, training, edu23 cation, including career and technical edu24 cation, and human services programs not 

25 covered by the plan, as appropriate, assur-
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1 ing coordination of, and avoiding duplica2 tion among, the activities referred to in this 

3 clause; 

4 (iii) how the entities carrying out the 

5 respective core programs will coordinate ac6 tivities and provide comprehensive, high7 quality services including supportive serv8 ices, to individuals; 

9 (iv) how the State’s strategy will en10 gage the State’s community colleges and 

11 area career and technical education schools 

12 as partners in the workforce development 

13 system and enable the State to leverage 

14 other Federal, State, and local investments 

15 that have enhanced access to workforce de16 velopment programs at those institutions; 

17 (v) how the activities described in 

18 clause (i) will be coordinated with economic 

19 development strategies and activities in the 

20 State; and 

21 (vi) how the State’s strategy will im22 prove access to activities leading to a recog23 nized postsecondary credential (including a 

24 credential that is an industry-recognized 
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1 certificate or certification, portable, and 

2 stackable). 

3 (C) STATE OPERATING SYSTEMS AND POLI4 CIES.—The unified State plan shall describe the 

5 State operating systems and policies that will 

6 support the implementation of the strategy de7 scribed in paragraph (1)(E), including a de8 scription of— 

9 (i) the State board, including the ac10 tivities to assist members of the State board 

11 and the staff of such board in carrying out 

12 the functions of the State board effectively 

13 (but funds for such activities may not be 

14 used for long-distance travel expenses for 

15 training or development activities available 

16 locally or regionally); 

17 (ii)(I) how the respective core pro18 grams will be assessed each year, including 

19 an assessment of the quality, effectiveness, 

20 and improvement of programs (analyzed by 

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

22 performance accountability measures de23 scribed in section 116(b); and 

24 (II) how other one-stop partner pro25 grams will be assessed each year; 
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1 (iii) the results of an assessment of the 

2 effectiveness of the core programs and other 

3 one-stop partner programs during the pre4 ceding 2-year period; 

5 (iv) the methods and factors the State 

6 will use in distributing funds under the core 

7 programs, in accordance with the provisions 

8 authorizing such distributions; 

9 (v)(I) how the lead State agencies with 

10 responsibility for the administration of the 

11 core programs will align and integrate 

12 available workforce and education data on 

13 core programs, unemployment insurance 

14 programs, and education through postsec15 ondary education; 

16 (II) how such agencies will use the 

17 workforce development system to assess the 

18 progress of participants that are exiting 

19 from core programs in entering, persisting 

20 in, and completing postsecondary education, 

21 or entering or remaining in employment; 

22 and 

23 (III) the privacy safeguards incor24 porated in such system, including safe25 guards required by section 444 of the Gen-
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1 eral Education Provisions Act (20 U.S.C. 

2 1232g) and other applicable Federal laws; 

3 (vi) how the State will implement the 

4 priority of service provisions for veterans in 

5 accordance with the requirements of section 

6 4215 of title 38, United States Code; 

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

8 including one-stop operators and the one9 stop partners, will comply with section 188, 

10 if applicable, and applicable provisions of 

11 the Americans with Disabilities Act of 1990 

12 (42 U.S.C. 12101 et seq.), regarding the 

13 physical and programmatic accessibility of 

14 facilities, programs, services, technology, 

15 and materials, for individuals with disabil16 ities, including complying through pro17 viding staff training and support for ad18 dressing the needs of individuals with dis19 abilities; and 

20 (viii) such other operational planning 

21 elements as the Secretary of Labor or the 

22 Secretary of Education, as appropriate, de23 termines to be necessary for effective State 

24 operating systems and policies. 
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1 (D) PROGRAM-SPECIFIC REQUIREMENTS.— 

2 The unified State plan shall include— 

3 (i) with respect to activities carried 

4 out under subtitle B, a description of— 

5 (I) State policies or guidance, for 

6 the statewide workforce development 

7 system and for use of State funds for 

8 workforce investment activities; 

9 (II) the local areas designated in 

10 the State, including the process used 

11 for designating local areas, and the 

12 process used for identifying any plan13 ning regions under section 106(a), in14 cluding a description of how the State 

15 consulted with the local boards and 

16 chief elected officials in determining 

17 the planning regions; 

18 (III) the appeals process referred 

19 to in section 106(b)(5), relating to des20 ignation of local areas; 

21 (IV) the appeals process referred 

22 to in section 121(h)(2)(E), relating to 

23 determinations for infrastructure fund24 ing; and 
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1 (V) with respect to youth work2 force investment activities authorized 

3 in section 129, information identifying 

4 the criteria to be used by local boards 

5 in awarding grants for youth work6 force investment activities and describ7 ing how the local boards will take into 

8 consideration the ability of the pro9 viders to meet performance account10 ability measures based on primary in11 dicators of performance for the youth 

12 program as described in section 

13 116(b)(2)(A)(ii) in awarding such 

14 grants; 

15 (ii) with respect to activities carried 

16 out under title II, a description of— 

17 (I) how the eligible agency will, if 

18 applicable, align content standards for 

19 adult education with State-adopted 

20 challenging academic content stand21 ards, as adopted under section 

22 1111(b)(1) of the Elementary and Sec23 ondary Education Act of 1965 (20 

24 U.S.C. 6311(b)(1)); 
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1 (II) how the State will fund local 

2 activities using considerations specified 

3 in section 231(e) for— 

4 (aa) activities under section 

5 231(b); 

6 (bb) programs for corrections 

7 education under section 225; 

8 (cc) programs for integrated 

9 English literacy and civics edu10 cation under section 243; and 

11 (dd) integrated education 

12 and training; 

13 (III) how the State will use the 

14 funds to carry out activities under sec15 tion 223; 

16 (IV) how the State will use the 

17 funds to carry out activities under sec18 tion 243; 

19 (V) how the eligible agency will 

20 assess the quality of providers of adult 

21 education and literacy activities under 

22 title II and take actions to improve 

23 such quality, including providing the 

24 activities described in section 

25 223(a)(1)(B); 
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1 (iii) with respect to programs carried 

2 out under title I of the Rehabilitation Act 

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

4 section 112 or part C of that title (29 

5 U.S.C. 732, 741), the information described 

6 in section 101(a) of that Act (29 U.S.C. 

7 721(a)); and 

8 (iv) information on such additional 

9 specific requirements for a program ref10 erenced in any of clauses (i) through (iii) or 

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

12 seq.) as the Secretary of Labor determines to 

13 be necessary to administer that program but 

14 cannot reasonably be applied across all such 

15 programs. 

16 (E) ASSURANCES.—The unified State plan 

17 shall include assurances— 

18 (i) that the State has established a pol19 icy identifying circumstances that may 

20 present a conflict of interest for a State 

21 board or local board member, or the entity 

22 or class of officials that the member rep23 resents, and procedures to resolve such con24 flicts; 
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1 (ii) that the State has established a 

2 policy to provide to the public (including 

3 individuals with disabilities) access to meet4 ings of State boards and local boards, and 

5 information regarding activities of State 

6 boards and local boards, such as data on 

7 board membership and minutes; 

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

9 with responsibility for the administration of 

10 core programs reviewed and commented on 

11 the appropriate operational planning ele12 ments of the unified State plan, and ap13 proved the elements as serving the needs of 

14 the populations served by such programs; 

15 and 

16 (II) that the State obtained input into 

17 the development of the unified State plan 

18 and provided an opportunity for comment 

19 on the plan by representatives of local 

20 boards and chief elected officials, businesses, 

21 labor organizations, institutions of higher 

22 education, other primary stakeholders, and 

23 the general public and that the unified 

24 State plan is available and accessible to the 

25 general public; 
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1 (iv) that the State has established, in 

2 accordance with section 116(i), fiscal con3 trol and fund accounting procedures that 

4 may be necessary to ensure the proper dis5 bursement of, and accounting for, funds 

6 paid to the State through allotments made 

7 for adult, dislocated worker, and youth pro8 grams to carry out workforce investment ac9 tivities under chapters 2 and 3 of subtitle 

10 B; 

11 (v) that the State has taken appro12 priate action to secure compliance with uni13 form administrative requirements in this 

14 Act, including that the State will annually 

15 monitor local areas to ensure compliance 

16 and otherwise take appropriate action to se17 cure compliance with the uniform adminis18 trative requirements under section 

19 184(a)(3); 

20 (vi) that the State has taken the appro21 priate action to be in compliance with sec22 tion 188, if applicable; 

23 (vii) that the Federal funds received to 

24 carry out a core program will not be ex25 pended for any purpose other than for ac-
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1 tivities authorized with respect to such 

2 funds under that core program; 

3 (viii) that the eligible agency under 

4 title II will— 

5 (I) expend the funds appropriated 

6 to carry out that title only in a man7 ner consistent with fiscal requirements 

8 under section 241(a) (regarding sup9 plement and not supplant provisions); 

10 and 

11 (II) ensure that there is at least 1 

12 eligible provider serving each local 

13 area; 

14 (ix) that the State will pay an appro15 priate share (as defined by the State board) 

16 of the costs of carrying out section 116, 

17 from funds made available through each of 

18 the core programs; and 

19 (x) regarding such other matters as the 

20 Secretary of Labor or the Secretary of Edu21 cation, as appropriate, determines to be 

22 necessary for the administration of the core 

23 programs. 

24 (3) EXISTING ANALYSIS.—As appropriate, a 

25 State may use an existing analysis in order to carry 
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1 out the requirements of paragraph (1) concerning an 

2 analysis. 

3 (c) PLAN SUBMISSION AND APPROVAL.— 

4 (1) SUBMISSION.— 

5 (A) INITIAL PLAN.—The initial unified 

6 State plan under this section (after the date of 

7 enactment of the Workforce Innovation and Op8 portunity Act) shall be submitted to the Sec9 retary of Labor not later than 120 days prior to 

10 the commencement of the second full program 

11 year after the date of enactment of this Act. 

12 (B) SUBSEQUENT PLANS.—Except as pro13 vided in subparagraph (A), a unified State plan 

14 shall be submitted to the Secretary of Labor not 

15 later than 120 days prior to the end of the 4- 

16 year period covered by the preceding unified 

17 State plan. 

18 (2) SUBMISSION AND APPROVAL.— 

19 (A) SUBMISSION.—In approving a unified 

20 State plan under this section, the Secretary shall 

21 submit the portion of the unified State plan cov22 ering a program or activity to the head of the 

23 Federal agency that administers the program or 

24 activity for the approval of such portion by such 

25 head. 
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1 (B) APPROVAL.—A unified State plan shall 

2 be subject to the approval of both the Secretary 

3 of Labor and the Secretary of Education, after 

4 approval of the Commissioner of the Rehabilita5 tion Services Administration for the portion of 

6 the plan described in subsection (b)(2)(D)(iii). 

7 The plan shall be considered to be approved at 

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

9 day the plan is submitted, unless the Secretary 

10 of Labor or the Secretary of Education makes a 

11 written determination, during the 90-day period, 

12 that the plan is inconsistent with the provisions 

13 of this section or the provisions authorizing the 

14 core programs, as appropriate. 

15 (3) MODIFICATIONS.— 

16 (A) MODIFICATIONS.—At the end of the first 

17 2-year period of any 4-year unified State plan, 

18 the State board shall review the unified State 

19 plan, and the Governor shall submit modifica20 tions to the plan to reflect changes in labor mar21 ket and economic conditions or in other factors 

22 affecting the implementation of the unified State 

23 plan. 

24 (B) APPROVAL.—A modified unified State 

25 plan submitted for the review required under 
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1 subparagraph (A) shall be subject to the ap2 proval requirements described in paragraph (2). 

3 A Governor may submit a modified unified State 

4 plan at such other times as the Governor deter5 mines to be appropriate, and such modified uni6 fied State plan shall also be subject to the ap7 proval requirements described in paragraph (2). 

8 (4) EARLY IMPLEMENTERS.—The Secretary of 

9 Labor, in conjunction with the Secretary of Edu10 cation, shall establish a process for approving and 

11 may approve unified State plans that meet the re12 quirements of this section and are submitted to cover 

13 periods commencing prior to the second full program 

14 year described in paragraph (1)(A). 

15 SEC. 103. COMBINED STATE PLAN. 

16 (a) IN GENERAL.— 

17 (1) AUTHORITY TO SUBMIT PLAN.—A State may 

18 develop and submit to the appropriate Secretaries a 

19 combined State plan for the core programs and 1 or 

20 more of the programs and activities described in 

21 paragraph (2) in lieu of submitting 2 or more plans, 

22 for the programs and activities and the core pro23 grams. 

24 (2) PROGRAMS.—The programs and activities re25 ferred to in paragraph (1) are as follows: 
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1 (A) Career and technical education pro2 grams authorized under the Carl D. Perkins Ca3 reer and Technical Education Act of 2006 (20 

4 U.S.C. 2301 et seq.). 

5 (B) Programs authorized under part A of 

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

7 601 et seq.). 

8 (C) Programs authorized under section 

9 6(d)(4) of the Food and Nutrition Act of 2008 (7 

10 U.S.C. 2015(d)(4)). 

11 (D) Work programs authorized under sec12 tion 6(o) of the Food and Nutrition Act of 2008 

13 (7 U.S.C. 2015(o)). 

14 (E) Activities authorized under chapter 2 of 

15 title II of the Trade Act of 1974 (19 U.S.C. 2271 

16 et seq.). 

17 (F) Activities authorized under chapter 41 

18 of title 38, United States Code. 

19 (G) Programs authorized under State un20 employment compensation laws (in accordance 

21 with applicable Federal law). 

22 (H) Programs authorized under title V of 

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

24 3056 et seq.). 
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1 (I) Employment and training activities 

2 carried out by the Department of Housing and 

3 Urban Development. 

4 (J) Employment and training activities 

5 carried out under the Community Services Block 

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

7 (K) Programs authorized under section 212 

8 of the Second Chance Act of 2007 (42 U.S.C. 

9 17532). 

10 (b) REQUIREMENTS.— 

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

12 plan covering the core programs shall be subject to the 

13 requirements of section 102 (including section 

14 102(c)(3)). The portion of such plan covering a pro15 gram or activity described in subsection (a)(2) shall 

16 be subject to the requirements, if any, applicable to a 

17 plan or application for assistance for that program or 

18 activity, under the Federal law authorizing the pro19 gram or activity. At the election of the State, section 

20 102(c)(3) may apply to that portion. 

21 (2) ADDITIONAL SUBMISSION NOT REQUIRED.—A 

22 State that submits a combined plan that is approved 

23 under subsection (c) shall not be required to submit 

24 any other plan or application in order to receive Fed25 eral funds to carry out the core programs or the pro-
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1 gram or activities described in subsection (a)(2) that 

2 are covered by the combined plan. 

3 (3) COORDINATION.—A combined plan shall in4 clude— 

5 (A) a description of the methods used for 

6 joint planning and coordination of the core pro7 grams and the other programs and activities cov8 ered by the combined plan; and 

9 (B) an assurance that the methods included 

10 an opportunity for the entities responsible for 

11 planning or administering the core programs 

12 and the other programs and activities to review 

13 and comment on all portions of the combined 

14 plan. 

15 (c) APPROVAL BY THE APPROPRIATE SECRETARIES.— 

16 (1) JURISDICTION.—The appropriate Secretary 

17 shall have the authority to approve the corresponding 

18 portion of a combined plan as described in subsection 

19 (d). On the approval of the appropriate Secretary, 

20 that portion of the combined plan, covering a pro21 gram or activity, shall be implemented by the State 

22 pursuant to that portion of the combined plan, and 

23 the Federal law authorizing the program or activity. 

24 (2) APPROVAL OF CORE PROGRAMS.—No portion 

25 of the plan relating to a core program shall be imple-
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1 mented until the appropriate Secretary approves the 

2 corresponding portions of the plan for all core pro3 grams. 

4 (3) TIMING OF APPROVAL.— 

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

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

7 combined State plan covering the core programs 

8 or a program or activity described in subsection 

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

10 appropriate Secretary at the end of the 90-day 

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

13 (B) PLAN APPROVED BY 3 OR MORE APPRO14 PRIATE SECRETARIES.—If an appropriate Sec15 retary other than the Secretary of Labor or the 

16 Secretary of Education has authority to approve 

17 a portion of a combined plan, that portion of the 

18 combined plan shall be considered to be approved 

19 by the appropriate Secretary at the end of the 

20 120-day period beginning on the day the plan is 

21 submitted. 

22 (C) DISAPPROVAL.—The portion shall not 

23 be considered to be approved if the appropriate 

24 Secretary makes a written determination, during 

25 the 90-day period (or the 120-day period, for an 
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1 appropriate Secretary covered by subparagraph 

2 (B)), that the portion is not consistent with the 

3 requirements of the Federal law authorizing or 

4 applicable to the program or activity involved, 

5 including the criteria for approval of a plan or 

6 application, if any, under such law, or the plan 

7 is not consistent with the requirements of this 

8 section. 

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

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

11 respect to a State and a core program or a program 

12 under the Carl D. Perkins Career and Technical Edu13 cation Act of 2006 (20 U.S.C. 2301 et seq.), includes 

14 a requirement for agreement between the State and 

15 the appropriate Secretaries regarding State perform16 ance measures or State performance accountability 

17 measures, as the case may be, including levels of per18 formance. 

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

20 term ‘‘appropriate Secretary’’ means— 

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

22 plan relating to any of the core programs (including 

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

25 Labor and the Secretary of Education; and 
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1 (2) with respect to the portion of a combined 

2 plan relating to a program or activity described in 

3 subsection (a)(2) (including a description, and an as4 surance concerning that program or activity, specified 

5 in subsection (b)(3)), the head of the Federal agency 

6 who exercises plan or application approval authority 

7 for the program or activity under the Federal law au8 thorizing the program or activity, or, if there are no 

9 planning or application requirements for such pro10 gram or activity, exercises administrative authority 

11 over the program or activity under that Federal law. 

12 CHAPTER 2—LOCAL PROVISIONS 

13 SEC. 106. WORKFORCE DEVELOPMENT AREAS. 

14 (a) REGIONS.— 

15 (1) IDENTIFICATION.—Before the second full pro16 gram year after the date of enactment of this Act, in 

17 order for a State to receive an allotment under section 

18 127(b) or 132(b) and as part of the process for devel19 oping the State plan, a State shall identify regions in 

20 the State after consultation with the local boards and 

21 chief elected officials in the local areas and consistent 

22 with the considerations described in subsection 

23 (b)(1)(B). 

24 (2) TYPES OF REGIONS.—For purposes of this 

25 Act, the State shall identify— 
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1 (A) which regions are comprised of 1 local 

2 area that is aligned with the region; 

3 (B) which regions are comprised of 2 or 

4 more local areas that are (collectively) aligned 

5 with the region (referred to as planning regions, 

6 consistent with section 3); and 

7 (C) which, of the regions described in sub8 paragraph (B), are interstate areas contained 

9 within 2 or more States, and consist of labor 

10 market areas, economic development areas, or 

11 other appropriate contiguous subareas of those 

12 States. 

13 (b) LOCAL AREAS.— 

14 (1) IN GENERAL.— 

15 (A) PROCESS.—Except as provided in sub16 section (d), and consistent with paragraphs (2) 

17 and (3), in order for a State to receive an allot18 ment under section 127(b) or 132(b), the Gov19 ernor of the State shall designate local workforce 

20 development areas within the State— 

21 (i) through consultation with the State 

22 board; and 

23 (ii) after consultation with chief elected 

24 officials and local boards, and after consid25 eration of comments received through the 
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1 public comment process as described in sec2 tion 102(b)(2)(E)(iii)(II). 

3 (B) CONSIDERATIONS.—The Governor shall 

4 designate local areas (except for those local areas 

5 described in paragraphs (2) and (3)) based on 

6 considerations consisting of the extent to which 

7 the areas— 

8 (i) are consistent with labor market 

9 areas in the State; 

10 (ii) are consistent with regional eco11 nomic development areas in the State; and 

12 (iii) have available the Federal and 

13 non-Federal resources necessary to effec14 tively administer activities under subtitle B 

15 and other applicable provisions of this Act, 

16 including whether the areas have the appro17 priate education and training providers, 

18 such as institutions of higher education and 

19 area career and technical education schools. 

20 (2) INITIAL DESIGNATION.—During the first 2 

21 full program years following the date of enactment of 

22 this Act, the Governor shall approve a request for ini23 tial designation as a local area from any area that 

24 was designated as a local area for purposes of the 

25 Workforce Investment Act of 1998 for the 2-year pe-
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1 riod preceding the date of enactment of this Act, per2 formed successfully, and sustained fiscal integrity. 

3 (3) SUBSEQUENT DESIGNATION.—After the pe4 riod for which a local area is initially designated 

5 under paragraph (2), the Governor shall approve a 

6 request for subsequent designation as a local area 

7 from such local area, if such area— 

8 (A) performed successfully; 

9 (B) sustained fiscal integrity; and 

10 (C) in the case of a local area in a plan11 ning region, met the requirements described in 

12 subsection (c)(1). 

13 (4) DESIGNATION ON RECOMMENDATION OF

14 STATE BOARD.—The Governor may approve a request 

15 from any unit of general local government (including 

16 a combination of such units) for designation of an 

17 area as a local area if the State board determines, 

18 based on the considerations described in paragraph 

19 (1)(B), and recommends to the Governor, that such 

20 area should be so designated. 

21 (5) APPEALS.—A unit of general local govern22 ment (including a combination of such units) or 

23 grant recipient that requests but is not granted des24 ignation of an area as a local area under paragraph 

25 (2) or (3) may submit an appeal to the State board 
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1 under an appeal process established in the State plan. 

2 If the appeal does not result in such a designation, 

3 the Secretary of Labor, after receiving a request for 

4 review from the unit or grant recipient and on deter5 mining that the unit or grant recipient was not ac6 corded procedural rights under the appeals process de7 scribed in the State plan, as specified in section 

8 102(b)(2)(D)(i)(III), or that the area meets the re9 quirements of paragraph (2) or (3), may require that 

10 the area be designated as a local area under such 

11 paragraph. 

12 (6) REDESIGNATION ASSISTANCE.—On the re13 quest of all of the local areas in a planning region, 

14 the State shall provide funding from funds made 

15 available under sections 128(a) and 133(a)(1) to as16 sist the local areas in carrying out activities to facili17 tate the redesignation of the local areas to a single 

18 local area. 

19 (c) REGIONAL COORDINATION.— 

20 (1) REGIONAL PLANNING.—The local boards and 

21 chief elected officials in each planning region de22 scribed in subparagraph (B) or (C) of subsection 

23 (a)(2) shall engage in a regional planning process 

24 that results in— 
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1 (A) the preparation of a regional plan, as 

2 described in paragraph (2); 

3 (B) the establishment of regional service 

4 strategies, including use of cooperative service 

5 delivery agreements; 

6 (C) the development and implementation of 

7 sector initiatives for in-demand industry sectors 

8 or occupations for the region; 

9 (D) the collection and analysis of regional 

10 labor market data (in conjunction with the 

11 State); 

12 (E) the establishment of administrative cost 

13 arrangements, including the pooling of funds for 

14 administrative costs, as appropriate, for the re15 gion; 

16 (F) the coordination of transportation and 

17 other supportive services, as appropriate, for the 

18 region; 

19 (G) the coordination of services with re20 gional economic development services and pro21 viders; and 

22 (H) the establishment of an agreement con23 cerning how the planning region will collectively 

24 negotiate and reach agreement with Governor on 

25 local levels of performance for, and report on, the 
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1 performance accountability measures described 

2 in section 116(c), for local areas or the planning 

3 region. 

4 (2) REGIONAL PLANS.—The State, after consulta5 tion with local boards and chief elected officials for 

6 the planning regions, shall require the local boards 

7 and chief elected officials within a planning region to 

8 prepare, submit, and obtain approval of a single re9 gional plan that includes a description of the activi10 ties described in paragraph (1) and that incorporates 

11 local plans for each of the local areas in the planning 

12 region. The State shall provide technical assistance 

13 and labor market data, as requested by local areas, to 

14 assist with such regional planning and subsequent 

15 service delivery efforts. 

16 (3) REFERENCES.—In this Act, and the core 

17 program provisions that are not in this Act: 

18 (A) LOCAL AREA.—Except as provided in 

19 section 101(d)(9), this section, paragraph (1)(B) 

20 or (4) of section 107(c), or section 107(d)(12)(B), 

21 or in any text that provides an accompanying 

22 provision specifically for a planning region, the 

23 term ‘‘local area’’ in a provision includes a ref24 erence to a planning region for purposes of im-
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1 plementation of that provision by the cor2 responding local areas in the region. 

3 (B) LOCAL PLAN.—Except as provided in 

4 this subsection, the term ‘‘local plan’’ includes a 

5 reference to the portion of a regional plan devel6 oped with respect to the corresponding local area 

7 within the region, and any regionwide provision 

8 of that plan that impacts or relates to the local 

9 area. 

10 (d) SINGLE STATE LOCAL AREAS.— 

11 (1) CONTINUATION OF PREVIOUS DESIGNA12 TION.—The Governor of any State that was a single 

13 State local area for purposes of title I of the Work14 force Investment Act of 1998, as in effect on July 1, 

15 2013, may designate the State as a single State local 

16 area for purposes of this title. In the case of such des17 ignation, the Governor shall identify the State as a 

18 local area in the State plan. 

19 (2) EFFECT ON LOCAL PLAN AND LOCAL FUNC20 TIONS.—In any case in which a State is designated 

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

22 plan prepared under section 108 for the area shall be 

23 submitted for approval as part of the State plan. In 

24 such a State, the State board shall carry out the func25 tions of a local board, as specified in this Act or the 
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1 provisions authorizing a core program, but the State 

2 shall not be required to meet and report on a set of 

3 local performance accountability measures. 

4 (e) DEFINITIONS.—For purposes of this section: 

5 (1) PERFORMED SUCCESSFULLY.—The term 

6 ‘‘performed successfully’’, used with respect to a local 

7 area, means the local area met or exceeded the ad8 justed levels of performance for primary indicators of 

9 performance described in section 116(b)(2)(A) (or, if 

10 applicable, core indicators of performance described 

11 in section 136(b)(2)(A) of the Workforce Investment 

12 Act of 1998, as in effect the day before the date of en13 actment of this Act) for each of the last 2 consecutive 

14 years for which data are available preceding the de15 termination of performance under this paragraph. 

16 (2) SUSTAINED FISCAL INTEGRITY.—The term 

17 ‘‘sustained fiscal integrity’’, used with respect to a 

18 local area, means that the Secretary has not made a 

19 formal determination, during either of the last 2 con20 secutive years preceding the determination regarding 

21 such integrity, that either the grant recipient or the 

22 administrative entity of the area misexpended funds 

23 provided under subtitle B (or, if applicable, title I of 

24 the Workforce Investment Act of 1998 as in effect 

25 prior to the effective date of such subtitle B) due to 
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1 willful disregard of the requirements of the provision 

2 involved, gross negligence, or failure to comply with 

3 accepted standards of administration. 

4 SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS. 

5 (a) ESTABLISHMENT.—Except as provided in sub6 section (c)(2)(A), there shall be established, and certified by 

7 the Governor of the State, a local workforce development 

8 board in each local area of a State to carry out the func9 tions described in subsection (d) (and any functions speci10 fied for the local board under this Act or the provisions es11 tablishing a core program) for such area. 

12 (b) MEMBERSHIP.— 

13 (1) STATE CRITERIA.—The Governor, in part14 nership with the State board, shall establish criteria 

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

16 appointment of members of the local boards in such 

17 local areas in accordance with the requirements of 

18 paragraph (2). 

19 (2) COMPOSITION.—Such criteria shall require 

20 that, at a minimum— 

21 (A) a majority of the members of each local 

22 board shall be representatives of business in the 

23 local area, who— 

24 (i) are owners of businesses, chief ex25 ecutives or operating officers of businesses, 
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1 or other business executives or employers 

2 with optimum policymaking or hiring au3 thority; 

4 (ii) represent businesses, including 

5 small businesses, or organizations rep6 resenting businesses described in this clause, 

7 that provide employment opportunities that, 

8 at a minimum, include high-quality, work9 relevant training and development in in-de10 mand industry sectors or occupations in the 

11 local area; and 

12 (iii) are appointed from among indi13 viduals nominated by local business organi14 zations and business trade associations; 

15 (B) not less than 20 percent of the members 

16 of each local board shall be representatives of the 

17 workforce within the local area, who— 

18 (i) shall include representatives of 

19 labor organizations (for a local area in 

20 which employees are represented by labor 

21 organizations), who have been nominated by 

22 local labor federations, or (for a local area 

23 in which no employees are represented by 

24 such organizations) other representatives of 

25 employees; 
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1 (ii) shall include a representative, who 

2 shall be a member of a labor organization 

3 or a training director, from a joint labor4 management apprenticeship program, or if 

5 no such joint program exists in the area, 

6 such a representative of an apprenticeship 

7 program in the area, if such a program ex8 ists; 

9 (iii) may include representatives of 

10 community-based organizations that have 

11 demonstrated experience and expertise in 

12 addressing the employment needs of individ13 uals with barriers to employment, including 

14 organizations that serve veterans or that 

15 provide or support competitive integrated 

16 employment for individuals with disabil17 ities; and 

18 (iv) may include representatives of or19 ganizations that have demonstrated experi20 ence and expertise in addressing the em21 ployment, training, or education needs of el22 igible youth, including representatives of or23 ganizations that serve out-of-school youth; 
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1 (C) each local board shall include represent2 atives of entities administering education and 

3 training activities in the local area, who— 

4 (i) shall include a representative of eli5 gible providers administering adult edu6 cation and literacy activities under title II; 

7 (ii) shall include a representative of 

8 institutions of higher education providing 

9 workforce investment activities (including 

10 community colleges); 

11 (iii) may include representatives of 

12 local educational agencies, and of commu13 nity-based organizations with demonstrated 

14 experience and expertise in addressing the 

15 education or training needs of individuals 

16 with barriers to employment; 

17 (D) each local board shall include represent18 atives of governmental and economic and com19 munity development entities serving the local 

20 area, who— 

21 (i) shall include a representative of 

22 economic and community development enti23 ties; 

24 (ii) shall include an appropriate rep25 resentative from the State employment serv-
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1 ice office under the Wagner-Peyser Act (29 

2 U.S.C. 49 et seq.) serving the local area; 

3 (iii) shall include an appropriate rep4 resentative of the programs carried out 

5 under title I of the Rehabilitation Act of 

6 1973 (29 U.S.C. 720 et seq.), other than sec7 tion 112 or part C of that title (29 U.S.C. 

8 732, 741), serving the local area; 

9 (iv) may include representatives of 

10 agencies or entities administering programs 

11 serving the local area relating to transpor12 tation, housing, and public assistance; and 

13 (v) may include representatives of phil14 anthropic organizations serving the local 

15 area; and 

16 (E) each local board may include such other 

17 individuals or representatives of entities as the 

18 chief elected official in the local area may deter19 mine to be appropriate. 

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

21 board shall elect a chairperson for the local board 

22 from among the representatives described in para23 graph (2)(A). 

24 (4) STANDING COMMITTEES.— 
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1 (A) IN GENERAL.—The local board may 

2 designate and direct the activities of standing 

3 committees to provide information and to assist 

4 the local board in carrying out activities under 

5 this section. Such standing committees shall be 

6 chaired by a member of the local board, may in7 clude other members of the local board, and shall 

8 include other individuals appointed by the local 

9 board who are not members of the local board 

10 and who the local board determines have appro11 priate experience and expertise. At a minimum, 

12 the local board may designate each of the fol13 lowing: 

14 (i) A standing committee to provide 

15 information and assist with operational 

16 and other issues relating to the one-stop de17 livery system, which may include as mem18 bers representatives of the one-stop partners. 

19 (ii) A standing committee to provide 

20 information and to assist with planning, 

21 operational, and other issues relating to the 

22 provision of services to youth, which shall 

23 include community-based organizations 

24 with a demonstrated record of success in 

25 serving eligible youth. 
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1 (iii) A standing committee to provide 

2 information and to assist with operational 

3 and other issues relating to the provision of 

4 services to individuals with disabilities, in5 cluding issues relating to compliance with 

6 section 188, if applicable, and applicable 

7 provisions of the Americans with Disabil8 ities Act of 1990 (42 U.S.C. 12101 et seq.) 

9 regarding providing programmatic and 

10 physical access to the services, programs, 

11 and activities of the one-stop delivery sys12 tem, as well as appropriate training for 

13 staff on providing supports for or accom14 modations to, and finding employment op15 portunities for, individuals with disabil16 ities. 

17 (B) ADDITIONAL COMMITTEES.—The local 

18 board may designate standing committees in ad19 dition to the standing committees specified in 

20 subparagraph (A). 

21 (C) DESIGNATION OF ENTITY.—Nothing in 

22 this paragraph shall be construed to prohibit the 

23 designation of an existing (as of the date of en24 actment of this Act) entity, such as an effective 

25 youth council, to fulfill the requirements of this 
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1 paragraph as long as the entity meets the re2 quirements of this paragraph. 

3 (5) AUTHORITY OF BOARD MEMBERS.—Members 

4 of the board that represent organizations, agencies, or 

5 other entities shall be individuals with optimum pol6 icymaking authority within the organizations, agen7 cies, or entities. The members of the board shall rep8 resent diverse geographic areas within the local area. 

9 (6) SPECIAL RULE.—If there are multiple eligi10 ble providers serving the local area by administering 

11 adult education and literacy activities under title II, 

12 or multiple institutions of higher education serving 

13 the local area by providing workforce investment ac14 tivities, each representative on the local board de15 scribed in clause (i) or (ii) of paragraph (2)(C), re16 spectively, shall be appointed from among individuals 

17 nominated by local providers representing such pro18 viders or institutions, respectively. 

19 (c) APPOINTMENT AND CERTIFICATION OF BOARD.— 

20 (1) APPOINTMENT OF BOARD MEMBERS AND AS21 SIGNMENT OF RESPONSIBILITIES.— 

22 (A) IN GENERAL.—The chief elected official 

23 in a local area is authorized to appoint the 

24 members of the local board for such area, in ac-
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1 cordance with the State criteria established 

2 under subsection (b). 

3 (B) MULTIPLE UNITS OF LOCAL GOVERN4 MENT IN AREA.— 

5 (i) IN GENERAL.—In a case in which 

6 a local area includes more than 1 unit of 

7 general local government, the chief elected 

8 officials of such units may execute an agree9 ment that specifies the respective roles of the 

10 individual chief elected officials— 

11 (I) in the appointment of the 

12 members of the local board from the in13 dividuals nominated or recommended 

14 to be such members in accordance with 

15 the criteria established under sub16 section (b); and 

17 (II) in carrying out any other re18 sponsibilities assigned to such officials 

19 under this title. 

20 (ii) LACK OF AGREEMENT.—If, after a 

21 reasonable effort, the chief elected officials 

22 are unable to reach agreement as provided 

23 under clause (i), the Governor may appoint 

24 the members of the local board from indi25 viduals so nominated or recommended. 
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1 (C) CONCENTRATED EMPLOYMENT PRO2 GRAMS.—In the case of an area that was des3 ignated as a local area in accordance with sec4 tion 116(a)(2)(B) of the Workforce Investment 

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

6 date of enactment of this Act), and that remains 

7 a local area on that date, the governing body of 

8 the concentrated employment program involved 

9 shall act in consultation with the chief elected of10 ficial in the local area to appoint members of the 

11 local board, in accordance with the State criteria 

12 established under subsection (b), and to carry out 

13 any other responsibility relating to workforce in14 vestment activities assigned to such official 

15 under this Act. 

16 (2) CERTIFICATION.— 

17 (A) IN GENERAL.—The Governor shall, once 

18 every 2 years, certify 1 local board for each local 

19 area in the State. 

20 (B) CRITERIA.—Such certification shall be 

21 based on criteria established under subsection 

22 (b), and for a second or subsequent certification, 

23 the extent to which the local board has ensured 

24 that workforce investment activities carried out 

25 in the local area have enabled the local area to 
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1 meet the corresponding performance account2 ability measures and achieve sustained fiscal in3 tegrity, as defined in section 106(e)(2). 

4 (C) FAILURE TO ACHIEVE CERTIFI5 CATION.—Failure of a local board to achieve cer6 tification shall result in appointment and cer7 tification of a new local board for the local area 

8 pursuant to the process described in paragraph 

9 (1) and this paragraph. 

10 (3) DECERTIFICATION.— 

11 (A) FRAUD, ABUSE, FAILURE TO CARRY OUT

12 FUNCTIONS.—Notwithstanding paragraph (2), 

13 the Governor shall have the authority to decertify 

14 a local board at any time after providing notice 

15 and an opportunity for comment, for— 

16 (i) fraud or abuse; or 

17 (ii) failure to carry out the functions 

18 specified for the local board in subsection 

19 (d). 

20 (B) NONPERFORMANCE.—Notwithstanding 

21 paragraph (2), the Governor may decertify a 

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

23 performance accountability measures for such 

24 local area in accordance with section 116(c) for 

25 2 consecutive program years. 
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1 (C) REORGANIZATION PLAN.—If the Gov2 ernor decertifies a local board for a local area 

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

4 may require that a new local board be appointed 

5 and certified for the local area pursuant to a re6 organization plan developed by the Governor, in 

7 consultation with the chief elected official in the 

8 local area and in accordance with the criteria es9 tablished under subsection (b). 

10 (4) SINGLE STATE LOCAL AREA.— 

11 (A) STATE BOARD.—Notwithstanding sub12 section (b) and paragraphs (1) and (2), if a 

13 State described in section 106(d) indicates in the 

14 State plan that the State will be treated as a 

15 single State local area, for purposes of the appli16 cation of this Act or the provisions authorizing 

17 a core program, the State board shall carry out 

18 any of the functions of a local board under this 

19 Act or the provisions authorizing a core pro20 gram, including the functions described in sub21 section (d). 

22 (B) REFERENCES.— 

23 (i) IN GENERAL.—Except as provided 

24 in clauses (ii) and (iii), with respect to such 

25 a State, a reference in this Act or a core 
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1 program provision to a local board shall be 

2 considered to be a reference to the State 

3 board, and a reference in the Act or provi4 sion to a local area or region shall be con5 sidered to be a reference to the State. 

6 (ii) PLANS.—The State board shall 

7 prepare a local plan under section 108 for 

8 the State, and submit the plan for approval 

9 as part of the State plan. 

10 (iii) PERFORMANCE ACCOUNTABILITY

11 MEASURES.—The State shall not be re12 quired to meet and report on a set of local 

13 performance accountability measures. 

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

15 section 108, the functions of the local board shall include 

16 the following: 

17 (1) LOCAL PLAN.—The local board, in partner18 ship with the chief elected official for the local area 

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

20 Governor that meets the requirements in section 108. 

21 If the local area is part of a planning region that in22 cludes other local areas, the local board shall collabo23 rate with the other local boards and chief elected offi24 cials from such other local areas in the preparation 
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1 and submission of a regional plan as described in sec2 tion 106(c)(2). 

3 (2) WORKFORCE RESEARCH AND REGIONAL

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

5 development and implementation of the local plan, 

6 the local board shall— 

7 (A) carry out analyses of the economic con8 ditions in the region, the needed knowledge and 

9 skills for the region, the workforce in the region, 

10 and workforce development activities (including 

11 education and training) in the region described 

12 in section 108(b)(1)(D), and regularly update 

13 such information; 

14 (B) assist the Governor in developing the 

15 statewide workforce and labor market informa16 tion system described in section 15(e) of the 

17 Wagner-Peyser Act (29 U.S.C. 49l–2(e)), specifi18 cally in the collection, analysis, and utilization 

19 of workforce and labor market information for 

20 the region; and 

21 (C) conduct such other research, data collec22 tion, and analysis related to the workforce needs 

23 of the regional economy as the board, after re24 ceiving input from a wide array of stakeholders, 
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1 determines to be necessary to carry out its func2 tions. 

3 (3) CONVENING, BROKERING, LEVERAGING.—The 

4 local board shall convene local workforce development 

5 system stakeholders to assist in the development of the 

6 local plan under section 108 and in identifying non7 Federal expertise and resources to leverage support for 

8 workforce development activities. The local board, in9 cluding standing committees, may engage such stake10 holders in carrying out the functions described in this 

11 subsection. 

12 (4) EMPLOYER ENGAGEMENT.—The local board 

13 shall lead efforts to engage with a diverse range of 

14 employers and with entities in the region involved— 

15 (A) to promote business representation (par16 ticularly representatives with optimal policy17 making or hiring authority from employers 

18 whose employment opportunities reflect existing 

19 and emerging employment opportunities in the 

20 region) on the local board; 

21 (B) to develop effective linkages (including 

22 the use of intermediaries) with employers in the 

23 region to support employer utilization of the 

24 local workforce development system and to sup25 port local workforce investment activities; 
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1 (C) to ensure that workforce investment ac2 tivities meet the needs of employers and support 

3 economic growth in the region, by enhancing 

4 communication, coordination, and collaboration 

5 among employers, economic development entities, 

6 and service providers; and 

7 (D) to develop and implement proven or 

8 promising strategies for meeting the employment 

9 and skill needs of workers and employers (such 

10 as the establishment of industry and sector part11 nerships), that provide the skilled workforce 

12 needed by employers in the region, and that ex13 pand employment and career advancement op14 portunities for workforce development system 

15 participants in in-demand industry sectors or 

16 occupations. 

17 (5) CAREER PATHWAYS DEVELOPMENT.—The 

18 local board, with representatives of secondary and 

19 postsecondary education programs, shall lead efforts 

20 in the local area to develop and implement career 

21 pathways within the local area by aligning the em22 ployment, training, education, and supportive serv23 ices that are needed by adults and youth, particularly 

24 individuals with barriers to employment. 
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1 (6) PROVEN AND PROMISING PRACTICES.—The 

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

3 (A) identify and promote proven and prom4 ising strategies and initiatives for meeting the 

5 needs of employers, and workers and jobseekers 

6 (including individuals with barriers to employ7 ment) in the local workforce development system, 

8 including providing physical and programmatic 

9 accessibility, in accordance with section 188, if 

10 applicable, and applicable provisions of the 

11 Americans with Disabilities Act of 1990 (42 

12 U.S.C. 12101 et seq.), to the one-stop delivery 

13 system; and 

14 (B) identify and disseminate information 

15 on proven and promising practices carried out 

16 in other local areas for meeting such needs. 

17 (7) TECHNOLOGY.—The local board shall develop 

18 strategies for using technology to maximize the acces19 sibility and effectiveness of the local workforce devel20 opment system for employers, and workers and job21 seekers, by— 

22 (A) facilitating connections among the in23 take and case management information systems 

24 of the one-stop partner programs to support a 
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1 comprehensive workforce development system in 

2 the local area; 

3 (B) facilitating access to services provided 

4 through the one-stop delivery system involved, 

5 including facilitating the access in remote areas; 

6 (C) identifying strategies for better meeting 

7 the needs of individuals with barriers to employ8 ment, including strategies that augment tradi9 tional service delivery, and increase access to 

10 services and programs of the one-stop delivery 

11 system, such as improving digital literacy skills; 

12 and 

13 (D) leveraging resources and capacity with14 in the local workforce development system, in15 cluding resources and capacity for services for 

16 individuals with barriers to employment. 

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

18 partnership with the chief elected official for the local 

19 area, shall— 

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

21 workforce investment activities authorized under 

22 section 129(c), local employment and training 

23 activities authorized under subsections (c) and 

24 (d) of section 134, and the one-stop delivery sys25 tem in the local area; and 
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1 (ii) ensure the appropriate use and man2 agement of the funds provided under subtitle B 

3 for the activities and system described in clause 

4 (i); and 

5 (B) for workforce development activities, en6 sure the appropriate use, management, and in7 vestment of funds to maximize performance out8 comes under section 116. 

9 (9) NEGOTIATION OF LOCAL PERFORMANCE AC10 COUNTABILITY MEASURES.—The local board, the chief 

11 elected official, and the Governor shall negotiate and 

12 reach agreement on local performance accountability 

13 measures as described in section 116(c). 

14 (10) SELECTION OF OPERATORS AND PRO15 VIDERS.— 

16 (A) SELECTION OF ONE-STOP OPERA17 TORS.—Consistent with section 121(d), the local 

18 board, with the agreement of the chief elected of19 ficial for the local area— 

20 (i) shall designate or certify one-stop 

21 operators as described in section 

22 121(d)(2)(A); and 

23 (ii) may terminate for cause the eligi24 bility of such operators. 
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1 (B) SELECTION OF YOUTH PROVIDERS.— 

2 Consistent with section 123, the local board— 

3 (i) shall identify eligible providers of 

4 youth workforce investment activities in the 

5 local area by awarding grants or contracts 

6 on a competitive basis (except as provided 

7 in section 123(b)), based on the rec8 ommendations of the youth standing com9 mittee, if such a committee is established for 

10 the local area under subsection (b)(4); and 

11 (ii) may terminate for cause the eligi12 bility of such providers. 

13 (C) IDENTIFICATION OF ELIGIBLE PRO14 VIDERS OF TRAINING SERVICES.—Consistent 

15 with section 122, the local board shall identify 

16 eligible providers of training services in the local 

17 area. 

18 (D) IDENTIFICATION OF ELIGIBLE PRO19 VIDERS OF CAREER SERVICES.—If the one-stop 

20 operator does not provide career services de21 scribed in section 134(c)(2) in a local area, the 

22 local board shall identify eligible providers of 

23 those career services in the local area by award24 ing contracts. 
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1 (E) CONSUMER CHOICE REQUIREMENTS.— 

2 Consistent with section 122 and paragraphs (2) 

3 and (3) of section 134(c), the local board shall 

4 work with the State to ensure there are sufficient 

5 numbers and types of providers of career services 

6 and training services (including eligible pro7 viders with expertise in assisting individuals 

8 with disabilities and eligible providers with ex9 pertise in assisting adults in need of adult edu10 cation and literacy activities) serving the local 

11 area and providing the services involved in a 

12 manner that maximizes consumer choice, as well 

13 as providing opportunities that lead to competi14 tive integrated employment for individuals with 

15 disabilities. 

16 (11) COORDINATION WITH EDUCATION PRO17 VIDERS.— 

18 (A) IN GENERAL.—The local board shall co19 ordinate activities with education and training 

20 providers in the local area, including providers 

21 of workforce investment activities, providers of 

22 adult education and literacy activities under 

23 title II, providers of career and technical edu24 cation (as defined in section 3 of the Carl D. 

25 Perkins Career and Technical Education Act of 
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1 2006 (20 U.S.C. 2302)) and local agencies ad2 ministering plans under title I of the Rehabilita3 tion Act of 1973 (29 U.S.C. 720 et seq.), other 

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

5 U.S.C. 732, 741). 

6 (B) APPLICATIONS AND AGREEMENTS.—The 

7 coordination described in subparagraph (A) shall 

8 include— 

9 (i) consistent with section 232— 

10 (I) reviewing the applications to 

11 provide adult education and literacy 

12 activities under title II for the local 

13 area, submitted under such section to 

14 the eligible agency by eligible pro15 viders, to determine whether such ap16 plications are consistent with the local 

17 plan; and 

18 (II) making recommendations to 

19 the eligible agency to promote align20 ment with such plan; and 

21 (ii) replicating cooperative agreements 

22 in accordance with subparagraph (B) of 

23 section 101(a)(11) of the Rehabilitation Act 

24 of 1973 (29 U.S.C. 721(a)(11)), and imple25 menting cooperative agreements in accord-
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1 ance with that section with the local agen2 cies administering plans under title I of 

3 that Act (29 U.S.C. 720 et seq.) (other than 

4 section 112 or part C of that title (29 

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

6 121(f)), with respect to efforts that will en7 hance the provision of services to individ8 uals with disabilities and other individuals, 

9 such as cross training of staff, technical as10 sistance, use and sharing of information, 

11 cooperative efforts with employers, and 

12 other efforts at cooperation, collaboration, 

13 and coordination. 

14 (C) COOPERATIVE AGREEMENT.—In this 

15 paragraph, the term ‘‘cooperative agreement’’ 

16 means an agreement entered into by a State des17 ignated agency or State designated unit under 

18 subparagraph (A) of section 101(a)(11) of the 

19 Rehabilitation Act of 1973. 

20 (12) BUDGET AND ADMINISTRATION.— 

21 (A) BUDGET.—The local board shall develop 

22 a budget for the activities of the local board in 

23 the local area, consistent with the local plan and 

24 the duties of the local board under this section, 
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1 subject to the approval of the chief elected offi2 cial. 

3 (B) ADMINISTRATION.— 

4 (i) GRANT RECIPIENT.— 

5 (I) IN GENERAL.—The chief elect6 ed official in a local area shall serve as 

7 the local grant recipient for, and shall 

8 be liable for any misuse of, the grant 

9 funds allocated to the local area under 

10 sections 128 and 133, unless the chief 

11 elected official reaches an agreement 

12 with the Governor for the Governor to 

13 act as the local grant recipient and 

14 bear such liability. 

15 (II) DESIGNATION.—In order to 

16 assist in administration of the grant 

17 funds, the chief elected official or the 

18 Governor, where the Governor serves as 

19 the local grant recipient for a local 

20 area, may designate an entity to serve 

21 as a local grant subrecipient for such 

22 funds or as a local fiscal agent. Such 

23 designation shall not relieve the chief 

24 elected official or the Governor of the 
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1 liability for any misuse of grant funds 

2 as described in subclause (I). 

3 (III) DISBURSAL.—The local 

4 grant recipient or an entity designated 

5 under subclause (II) shall disburse the 

6 grant funds for workforce investment 

7 activities at the direction of the local 

8 board, pursuant to the requirements of 

9 this title. The local grant recipient or 

10 entity designated under subclause (II) 

11 shall disburse the funds immediately 

12 on receiving such direction from the 

13 local board. 

14 (ii) GRANTS AND DONATIONS.—The 

15 local board may solicit and accept grants 

16 and donations from sources other than Fed17 eral funds made available under this Act. 

18 (iii) TAX-EXEMPT STATUS.—For pur19 poses of carrying out duties under this Act, 

20 local boards may incorporate, and may op21 erate as entities described in section 

22 501(c)(3) of the Internal Revenue Code of 

23 1986 that are exempt from taxation under 

24 section 501(a) of such Code. 
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1 (13) ACCESSIBILITY FOR INDIVIDUALS WITH DIS2 ABILITIES.—The local board shall annually assess the 

3 physical and programmatic accessibility, in accord4 ance with section 188, if applicable, and applicable 

5 provisions of the Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers 

7 in the local area. 

8 (e) SUNSHINE PROVISION.—The local board shall make 

9 available to the public, on a regular basis through electronic 

10 means and open meetings, information regarding the ac11 tivities of the local board, including information regarding 

12 the local plan prior to submission of the plan, and regard13 ing membership, the designation and certification of one14 stop operators, and the award of grants or contracts to eligi15 ble providers of youth workforce investment activities, and 

16 on request, minutes of formal meetings of the local board. 

17 (f) STAFF.— 

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

19 director and other staff to assist in carrying out the 

20 functions described in subsection (d) using funds 

21 available under sections 128(b) and 133(b) as de22 scribed in section 128(b)(4). 

23 (2) QUALIFICATIONS.—The local board shall es24 tablish and apply a set of objective qualifications for 

25 the position of director, that ensures that the indi-
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1 vidual selected has the requisite knowledge, skills, and 

2 abilities, to meet identified benchmarks and to assist 

3 in effectively carrying out the functions of the local 

4 board. 

5 (3) LIMITATION ON RATE.—The director and 

6 staff described in paragraph (1) shall be subject to the 

7 limitations on the payment of salaries and bonuses 

8 described in section 194(15). 

9 (g) LIMITATIONS.— 

10 (1) TRAINING SERVICES.— 

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

12 subparagraph (B), no local board may provide 

13 training services. 

14 (B) WAIVERS OF TRAINING PROHIBITION.— 

15 The Governor of the State in which a local board 

16 is located may, pursuant to a request from the 

17 local board, grant a written waiver of the prohi18 bition set forth in subparagraph (A) (relating to 

19 the provision of training services) for a program 

20 of training services, if the local board— 

21 (i) submits to the Governor a proposed 

22 request for the waiver that includes— 

23 (I) satisfactory evidence that there 

24 is an insufficient number of eligible 

25 providers of such a program of train-
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1 ing services to meet local demand in 

2 the local area; 

3 (II) information demonstrating 

4 that the board meets the requirements 

5 for an eligible provider of training 

6 services under section 122; and 

7 (III) information demonstrating 

8 that the program of training services 

9 prepares participants for an in-de10 mand industry sector or occupation in 

11 the local area; 

12 (ii) makes the proposed request avail13 able to eligible providers of training services 

14 and other interested members of the public 

15 for a public comment period of not less than 

16 30 days; and 

17 (iii) includes, in the final request for 

18 the waiver, the evidence and information 

19 described in clause (i) and the comments re20 ceived pursuant to clause (ii). 

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

22 local board under subparagraph (B) shall apply 

23 for a period that shall not exceed the duration of 

24 the local plan. The waiver may be renewed for 

25 additional periods under subsequent local plans, 
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1 not to exceed the durations of such subsequent 

2 plans, pursuant to requests from the local board, 

3 if the board meets the requirements of subpara4 graph (B) in making the requests. 

5 (D) REVOCATION.—The Governor shall have 

6 the authority to revoke the waiver during the ap7 propriate period described in subparagraph (C) 

8 if the Governor determines the waiver is no 

9 longer needed or that the local board involved 

10 has engaged in a pattern of inappropriate refer11 rals to training services operated by the local 

12 board. 

13 (2) CAREER SERVICES; DESIGNATION OR CER14 TIFICATION AS ONE-STOP OPERATORS.—A local board 

15 may provide career services described in section 

16 134(c)(2) through a one-stop delivery system or be 

17 designated or certified as a one-stop operator only 

18 with the agreement of the chief elected official in the 

19 local area and the Governor. 

20 (3) LIMITATION ON AUTHORITY.—Nothing in this 

21 Act shall be construed to provide a local board with 

22 the authority to mandate curricula for schools. 

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

24 board, or a member of a standing committee, may not— 
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1 (1) vote on a matter under consideration by the 

2 local board— 

3 (A) regarding the provision of services by 

4 such member (or by an entity that such member 

5 represents); or 

6 (B) that would provide direct financial ben7 efit to such member or the immediate family of 

8 such member; or 

9 (2) engage in any other activity determined by 

10 the Governor to constitute a conflict of interest as 

11 specified in the State plan. 

12 (i) ALTERNATIVE ENTITY.— 

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

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

15 any local entity (including a local council, regional 

16 workforce development board, or similar entity) 

17 that— 

18 (A) is established to serve the local area (or 

19 the service delivery area that most closely cor20 responds to the local area); 

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

22 date of enactment of this Act, pursuant to State 

23 law; and 

24 (C) includes— 
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1 (i) representatives of business in the 

2 local area; and 

3 (ii)(I) representatives of labor organi4 zations (for a local area in which employees 

5 are represented by labor organizations), 

6 nominated by local labor federations; or 

7 (II) other representatives of employees 

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

9 no employees are represented by such orga10 nizations). 

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

12 core program provision to a local board, shall include 

13 a reference to such an entity. 

14 SEC. 108. LOCAL PLAN. 

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

16 submit to the Governor a comprehensive 4-year local plan, 

17 in partnership with the chief elected official. The local plan 

18 shall support the strategy described in the State plan in 

19 accordance with section 102(b)(1)(E), and otherwise be con20 sistent with the State plan. If the local area is part of a 

21 planning region, the local board shall comply with section 

22 106(c) in the preparation and submission of a regional 

23 plan. At the end of the first 2-year period of the 4-year 

24 local plan, each local board shall review the local plan and 

25 the local board, in partnership with the chief elected official, 
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1 shall prepare and submit modifications to the local plan 

2 to reflect changes in labor market and economic conditions 

3 or in other factors affecting the implementation of the local 

4 plan. 

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

6 (1) a description of the strategic planning ele7 ments consisting of— 

8 (A) an analysis of the regional economic 

9 conditions including— 

10 (i) existing and emerging in-demand 

11 industry sectors and occupations; and 

12 (ii) the employment needs of employers 

13 in those industry sectors and occupations; 

14 (B) an analysis of the knowledge and skills 

15 needed to meet the employment needs of the em16 ployers in the region, including employment 

17 needs in in-demand industry sectors and occupa18 tions; 

19 (C) an analysis of the workforce in the re20 gion, including current labor force employment 

21 (and unemployment) data, and information on 

22 labor market trends, and the educational and 

23 skill levels of the workforce in the region, includ24 ing individuals with barriers to employment; 
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1 (D) an analysis of the workforce develop2 ment activities (including education and train3 ing) in the region, including an analysis of the 

4 strengths and weaknesses of such services, and 

5 the capacity to provide such services, to address 

6 the identified education and skill needs of the 

7 workforce and the employment needs of employ8 ers in the region; 

9 (E) a description of the local board’s stra10 tegic vision and goals for preparing an educated 

11 and skilled workforce (including youth and indi12 viduals with barriers to employment), including 

13 goals relating to the performance accountability 

14 measures based on primary indicators of per15 formance described in section 116(b)(2)(A) in 

16 order to support regional economic growth and 

17 economic self-sufficiency; and 

18 (F) taking into account analyses described 

19 in subparagraphs (A) through (D), a strategy to 

20 work with the entities that carry out the core 

21 programs to align resources available to the local 

22 area, to achieve the strategic vision and goals de23 scribed in subparagraph (E); 

24 (2) a description of the workforce development 

25 system in the local area that identifies the programs 
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1 that are included in that system and how the local 

2 board will work with the entities carrying out core 

3 programs and other workforce development programs 

4 to support alignment to provide services, including 

5 programs of study authorized under the Carl D. Per6 kins Career and Technical Education Act of 2006 (20 

7 U.S.C. 2301 et seq.), that support the strategy identi8 fied in the State plan under section 102(b)(1)(E); 

9 (3) a description of how the local board, working 

10 with the entities carrying out core programs, will ex11 pand access to employment, training, education, and 

12 supportive services for eligible individuals, particu13 larly eligible individuals with barriers to employ14 ment, including how the local board will facilitate the 

15 development of career pathways and co-enrollment, as 

16 appropriate, in core programs, and improve access to 

17 activities leading to a recognized postsecondary cre18 dential (including a credential that is an industry19 recognized certificate or certification, portable, and 

20 stackable); 

21 (4) a description of the strategies and services 

22 that will be used in the local area— 

23 (A) in order to— 

24 (i) facilitate engagement of employers, 

25 including small employers and employers in 
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1 in-demand industry sectors and occupa2 tions, in workforce development programs; 

3 (ii) support a local workforce develop4 ment system that meets the needs of busi5 nesses in the local area; 

6 (iii) better coordinate workforce devel7 opment programs and economic develop8 ment; and 

9 (iv) strengthen linkages between the 

10 one-stop delivery system and unemployment 

11 insurance programs; and 

12 (B) that may include the implementation of 

13 initiatives such as incumbent worker training 

14 programs, on-the-job training programs, cus15 tomized training programs, industry and sector 

16 strategies, career pathways initiatives, utiliza17 tion of effective business intermediaries, and 

18 other business services and strategies, designed to 

19 meet the needs of employers in the corresponding 

20 region in support of the strategy described in 

21 paragraph (1)(F); 

22 (5) a description of how the local board will co23 ordinate workforce investment activities carried out 

24 in the local area with economic development activities 

25 carried out in the region in which the local area is 
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1 located (or planning region), and promote entrepre2 neurial skills training and microenterprise services; 

3 (6) a description of the one-stop delivery system 

4 in the local area, including— 

5 (A) a description of how the local board will 

6 ensure the continuous improvement of eligible 

7 providers of services through the system and en8 sure that such providers meet the employment 

9 needs of local employers, and workers and job10 seekers; 

11 (B) a description of how the local board 

12 will facilitate access to services provided through 

13 the one-stop delivery system, including in remote 

14 areas, through the use of technology and through 

15 other means; 

16 (C) a description of how entities within the 

17 one-stop delivery system, including one-stop op18 erators and the one-stop partners, will comply 

19 with section 188, if applicable, and applicable 

20 provisions of the Americans with Disabilities Act 

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

22 physical and programmatic accessibility of fa23 cilities, programs and services, technology, and 

24 materials for individuals with disabilities, in25 cluding providing staff training and support for 
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1 addressing the needs of individuals with disabil2 ities; and 

3 (D) a description of the roles and resource 

4 contributions of the one-stop partners; 

5 (7) a description and assessment of the type and 

6 availability of adult and dislocated worker employ7 ment and training activities in the local area; 

8 (8) a description of how the local board will co9 ordinate workforce investment activities carried out 

10 in the local area with statewide rapid response activi11 ties, as described in section 134(a)(2)(A); 

12 (9) a description and assessment of the type and 

13 availability of youth workforce investment activities 

14 in the local area, including activities for youth who 

15 are individuals with disabilities, which description 

16 and assessment shall include an identification of suc17 cessful models of such youth workforce investment ac18 tivities; 

19 (10) a description of how the local board will co20 ordinate education and workforce investment activi21 ties carried out in the local area with relevant sec22 ondary and postsecondary education programs and 

23 activities to coordinate strategies, enhance services, 

24 and avoid duplication of services; 
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1 (11) a description of how the local board will co2 ordinate workforce investment activities carried out 

3 under this title in the local area with the provision 

4 of transportation, including public transportation, 

5 and other appropriate supportive services in the local 

6 area; 

7 (12) a description of plans and strategies for, 

8 and assurances concerning, maximizing coordination 

9 of services provided by the State employment service 

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

11 and services provided in the local area through the 

12 one-stop delivery system, to improve service delivery 

13 and avoid duplication of services; 

14 (13) a description of how the local board will co15 ordinate workforce investment activities carried out 

16 under this title in the local area with the provision 

17 of adult education and literacy activities under title 

18 II in the local area, including a description of how 

19 the local board will carry out, consistent with sub20 paragraphs (A) and (B)(i) of section 107(d)(11) and 

21 section 232, the review of local applications submitted 

22 under title II; 

23 (14) a description of the replicated cooperative 

24 agreements (as defined in section 107(d)(11)) between 

25 the local board or other local entities described in sec-
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1 tion 101(a)(11)(B) of the Rehabilitation Act of 1973 

2 (29 U.S.C. 721(a)(11)(B)) and the local office of a 

3 designated State agency or designated State unit ad4 ministering programs carried out under title I of such 

5 Act (29 U.S.C. 720 et seq.) (other than section 112 or 

6 part C of that title (29 U.S.C. 732, 741) and subject 

7 to section 121(f)) in accordance with section 

8 101(a)(11) of such Act (29 U.S.C. 721(a)(11)) with 

9 respect to efforts that will enhance the provision of 

10 services to individuals with disabilities and to other 

11 individuals, such as cross training of staff, technical 

12 assistance, use and sharing of information, coopera13 tive efforts with employers, and other efforts at co14 operation, collaboration, and coordination; 

15 (15) an identification of the entity responsible 

16 for the disbursal of grant funds described in section 

17 107(d)(12)(B)(i)(III), as determined by the chief 

18 elected official or the Governor under section 

19 107(d)(12)(B)(i); 

20 (16) a description of the competitive process to 

21 be used to award the subgrants and contracts in the 

22 local area for activities carried out under this title; 

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

25 official pursuant to section 116(c), to be used to meas-
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1 ure the performance of the local area and to be used 

2 by the local board for measuring the performance of 

3 the local fiscal agent (where appropriate), eligible 

4 providers under subtitle B, and the one-stop delivery 

5 system, in the local area; 

6 (18) a description of the actions the local board 

7 will take toward becoming or remaining a high-per8 forming board, consistent with the factors developed 

9 by the State board pursuant to section 101(d)(6); 

10 (19) a description of how training services under 

11 chapter 3 of subtitle B will be provided in accordance 

12 with section 134(c)(3)(G), including, if contracts for 

13 the training services will be used, how the use of such 

14 contracts will be coordinated with the use of indi15 vidual training accounts under that chapter and how 

16 the local board will ensure informed customer choice 

17 in the selection of training programs regardless of 

18 how the training services are to be provided; 

19 (20) a description of the process used by the local 

20 board, consistent with subsection (d), to provide an 

21 opportunity for public comment, including comment 

22 by representatives of businesses and comment by rep23 resentatives of labor organizations, and input into the 

24 development of the local plan, prior to submission of 

25 the plan; 
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1 (21) a description of how one-stop centers are 

2 implementing and transitioning to an integrated, 

3 technology-enabled intake and case management in4 formation system for programs carried out under this 

5 Act and programs carried out by one-stop partners; 

6 and 

7 (22) such other information as the Governor may 

8 require. 

9 (c) EXISTING ANALYSIS.—As appropriate, a local area 

10 may use an existing analysis in order to carry out the re11 quirements of subsection (b)(1) concerning an analysis. 

12 (d) PROCESS.—Prior to the date on which the local 

13 board submits a local plan under this section, the local 

14 board shall— 

15 (1) make available copies of a proposed local 

16 plan to the public through electronic and other means, 

17 such as public hearings and local news media; 

18 (2) allow members of the public, including rep19 resentatives of business, representatives of labor orga20 nizations, and representatives of education to submit 

21 to the local board comments on the proposed local 

22 plan, not later than the end of the 30-day period be23 ginning on the date on which the proposed local plan 

24 is made available; and 
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1 (3) include with the local plan submitted to the 

2 Governor under this section any such comments that 

3 represent disagreement with the plan. 

4 (e) PLAN SUBMISSION AND APPROVAL.—A local plan 

5 submitted to the Governor under this section (including a 

6 modification to such a local plan) shall be considered to 

7 be approved by the Governor at the end of the 90-day period 

8 beginning on the day the Governor receives the plan (in9 cluding such a modification), unless the Governor makes 

10 a written determination during the 90-day period that— 

11 (1) deficiencies in activities carried out under 

12 this subtitle or subtitle B have been identified, 

13 through audits conducted under section 184 or other14 wise, and the local area has not made acceptable 

15 progress in implementing corrective measures to ad16 dress the deficiencies; 

17 (2) the plan does not comply with the applicable 

18 provisions of this Act; or 

19 (3) the plan does not align with the State plan, 

20 including failing to provide for alignment of the core 

21 programs to support the strategy identified in the 

22 State plan in accordance with section 102(b)(1)(E). 
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1 CHAPTER 3—BOARD PROVISIONS 

2 SEC. 111. FUNDING OF STATE AND LOCAL BOARDS. 

3 (a) STATE BOARDS.—In funding a State board under 

4 this subtitle, a State— 

5 (1) shall use funds available as described in sec6 tion 129(b)(3) or 134(a)(3)(B); and 

7 (2) may use non-Federal funds available to the 

8 State that the State determines are appropriate and 

9 available for that use. 

10 (b) LOCAL BOARDS.—In funding a local board under 

11 this subtitle, the chief elected official and local board for 

12 the local area— 

13 (1) shall use funds available as described in sec14 tion 128(b)(4); and 

15 (2) may use non-Federal funds available to the 

16 local area that the chief elected official and local 

17 board determine are appropriate and available for 

18 that use. 

19 CHAPTER 4—PERFORMANCE 

20 ACCOUNTABILITY 

21 SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM. 

22 (a) PURPOSE.—The purpose of this section is to estab23 lish performance accountability measures that apply across 

24 the core programs to assess the effectiveness of States and 

25 local areas (for core programs described in subtitle B) in 
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1 achieving positive outcomes for individuals served by those 

2 programs. 

3 (b) STATE PERFORMANCE ACCOUNTABILITY MEAS4 URES.— 

5 (1) IN GENERAL.—For each State, the perform6 ance accountability measures for the core programs 

7 shall consist of— 

8 (A)(i) the primary indicators of perform9 ance described in paragraph (2)(A); and 

10 (ii) the additional indicators of perform11 ance (if any) identified by the State under para12 graph (2)(B); and 

13 (B) a State adjusted level of performance 

14 for each indicator described in subparagraph 

15 (A). 

16 (2) INDICATORS OF PERFORMANCE.— 

17 (A) PRIMARY INDICATORS OF PERFORM18 ANCE.— 

19 (i) IN GENERAL.—The State primary 

20 indicators of performance for activities pro21 vided under the adult and dislocated worker 

22 programs authorized under chapter 3 of 

23 subtitle B, the program of adult education 

24 and literacy activities authorized under 

25 title II, the employment services program 
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1 authorized under sections 1 through 13 of 

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

3 seq.) (except that subclauses (IV) and (V) 

4 shall not apply to such program), and the 

5 program authorized under title I of the Re6 habilitation Act of 1973 (29 U.S.C. 720 et 

7 seq.), other than section 112 or part C of 

8 that title (29 U.S.C. 732, 741), shall consist 

9 of— 

10 (I) the percentage of program par11 ticipants who are in unsubsidized em12 ployment during the second quarter 

13 after exit from the program; 

14 (II) the percentage of program 

15 participants who are in unsubsidized 

16 employment during the fourth quarter 

17 after exit from the program; 

18 (III) the median earnings of pro19 gram participants who are in unsub20 sidized employment during the second 

21 quarter after exit from the program; 

22 (IV) the percentage of program 

23 participants who obtain a recognized 

24 postsecondary credential, or a sec25 ondary school diploma or its recog-
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1 nized equivalent (subject to clause 

2 (iii)), during participation in or with3 in 1 year after exit from the program; 

4 (V) the percentage of program 

5 participants who, during a program 

6 year, are in an education or training 

7 program that leads to a recognized 

8 postsecondary credential or employ9 ment and who are achieving measur10 able skill gains toward such a creden11 tial or employment; and 

12 (VI) the indicators of effectiveness 

13 in serving employers established pursu14 ant to clause (iv). 

15 (ii) PRIMARY INDICATORS FOR ELIGI16 BLE YOUTH.—The primary indicators of 

17 performance for the youth program author18 ized under chapter 2 of subtitle B shall con19 sist of— 

20 (I) the percentage of program par21 ticipants who are in education or 

22 training activities, or in unsubsidized 

23 employment, during the second quarter 

24 after exit from the program; 
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1 (II) the percentage of program 

2 participants who are in education or 

3 training activities, or in unsubsidized 

4 employment, during the fourth quarter 

5 after exit from the program; and 

6 (III) the primary indicators of 

7 performance described in subclauses 

8 (III) through (VI) of subparagraph 

9 (A)(i). 

10 (iii) INDICATOR RELATING TO CREDEN11 TIAL.—For purposes of clause (i)(IV), or 

12 clause (ii)(III) with respect to clause 

13 (i)(IV), program participants who obtain a 

14 secondary school diploma or its recognized 

15 equivalent shall be included in the percent16 age counted as meeting the criterion under 

17 such clause only if such participants, in ad18 dition to obtaining such diploma or its rec19 ognized equivalent, have obtained or re20 tained employment or are in an education 

21 or training program leading to a recognized 

22 postsecondary credential within 1 year after 

23 exit from the program. 

24 (iv) INDICATOR FOR SERVICES TO EM25 PLOYERS.—Prior to the commencement of 
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1 the second full program year after the date 

2 of enactment of this Act, for purposes of 

3 clauses (i)(VI), or clause (ii)(III) with re4 spect to clause (i)(IV), the Secretary of 

5 Labor and the Secretary of Education, after 

6 consultation with the representatives de7 scribed in paragraph (4)(B), shall jointly 

8 develop and establish, for purposes of this 

9 subparagraph, 1 or more primary indica10 tors of performance that indicate the effec11 tiveness of the core programs in serving em12 ployers. 

13 (B) ADDITIONAL INDICATORS.—A State 

14 may identify in the State plan additional per15 formance accountability indicators. 

16 (3) LEVELS OF PERFORMANCE.— 

17 (A) STATE ADJUSTED LEVELS OF PERFORM18 ANCE FOR PRIMARY INDICATORS.— 

19 (i) IN GENERAL.—For each State sub20 mitting a State plan, there shall be estab21 lished, in accordance with this subpara22 graph, levels of performance for each of the 

23 corresponding primary indicators of per24 formance described in paragraph (2) for 
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1 each of the programs described in clause 

2 (ii). 

3 (ii) INCLUDED PROGRAMS.—The pro4 grams included under clause (i) are— 

5 (I) the youth program authorized 

6 under chapter 2 of subtitle B; 

7 (II) the adult program authorized 

8 under chapter 3 of subtitle B; 

9 (III) the dislocated worker pro10 gram authorized under chapter 3 of 

11 subtitle B; 

12 (IV) the program of adult edu13 cation and literacy activities author14 ized under title II; 

15 (V) the employment services pro16 gram authorized under sections 1 

17 through 13 of the Wagner-Peyser Act 

18 (29 U.S.C. 49 et seq.); and 

19 (VI) the program authorized 

20 under title I of the Rehabilitation Act 

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

22 than section 112 or part C of that title 

23 (29 U.S.C. 732, 741). 

24 (iii) IDENTIFICATION IN STATE

25 PLAN.—Each State shall identify, in the 
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1 State plan, expected levels of performance 

2 for each of the corresponding primary indi3 cators of performance for each of the pro4 grams described in clause (ii) for the first 

5 2 program years covered by the State plan. 

6 (iv) AGREEMENT ON STATE ADJUSTED

7 LEVELS OF PERFORMANCE.— 

8 (I) FIRST 2 YEARS.—The State 

9 shall reach agreement with the Sec10 retary of Labor, in conjunction with 

11 the Secretary of Education on levels of 

12 performance for each indicator de13 scribed in clause (iii) for each of the 

14 programs described in clause (ii) for 

15 each of the first 2 program years cov16 ered by the State plan. In reaching the 

17 agreement, the State and the Secretary 

18 of Labor in conjunction with the Sec19 retary of Education shall take into ac20 count the levels identified in the State 

21 plan under clause (iii) and the factors 

22 described in clause (v). The levels 

23 agreed to shall be considered to be the 

24 State adjusted levels of performance for 

25 the State for such program years and 
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1 shall be incorporated into the State 

2 plan prior to the approval of such 

3 plan. 

4 (II) THIRD AND FOURTH YEAR.— 

5 The State and the Secretary of Labor, 

6 in conjunction with the Secretary of 

7 Education, shall reach agreement, 

8 prior to the third program year cov9 ered by the State plan, on levels of per10 formance for each indicator described 

11 in clause (iii) for each of the programs 

12 described in clause (ii) for each of the 

13 third and fourth program years cov14 ered by the State plan. In reaching the 

15 agreement, the State and Secretary of 

16 Labor, in conjunction with the Sec17 retary of Education, shall take into ac18 count the factors described in clause 

19 (v). The levels agreed to shall be con20 sidered to be the State adjusted levels of 

21 performance for the State for such pro22 gram years and shall be incorporated 

23 into the State plan as a modification 

24 to the plan. 
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1 (v) FACTORS.—In reaching the agree2 ments described in clause (iv), the State 

3 and Secretaries shall— 

4 (I) take into account how the lev5 els involved compare with the State ad6 justed levels of performance established 

7 for other States; 

8 (II) ensure that the levels involved 

9 are adjusted, using the objective statis10 tical model established by the Secre11 taries pursuant to clause (viii), based 

12 on— 

13 (aa) the differences among 

14 States in actual economic condi15 tions (including differences in un16 employment rates and job losses 

17 or gains in particular industries); 

18 and 

19 (bb) the characteristics of 

20 participants when the partici21 pants entered the program in22 volved, including indicators of 

23 poor work history, lack of work 

24 experience, lack of educational or 

25 occupational skills attainment, 
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1 dislocation from high-wage and 

2 high-benefit employment, low lev3 els of literacy or English pro4 ficiency, disability status, home5 lessness, ex-offender status, and 

6 welfare dependency; 

7 (III) take into account the extent 

8 to which the levels involved promote 

9 continuous improvement in perform10 ance accountability on the performance 

11 accountability measures by such State 

12 and ensure optimal return on the in13 vestment of Federal funds; and 

14 (IV) take into account the extent 

15 to which the levels involved will assist 

16 the State in meeting the goals described 

17 in clause (vi). 

18 (vi) GOALS.—In order to promote en19 hanced performance outcomes and to facili20 tate the process of reaching agreements with 

21 the States under clause (iv), the Secretary 

22 of Labor, in conjunction with the Secretary 

23 of Education, shall establish performance 

24 goals for the core programs, in accordance 

25 with the Government Performance and Re-
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1 sults Act of 1993 (Public Law 103–62; 107 

2 Stat. 285) and the amendments made by 

3 that Act, and in consultation with States 

4 and other appropriate parties. Such goals 

5 shall be long-term goals for the adjusted lev6 els of performance to be achieved by each of 

7 the programs described in clause (ii) re8 garding the corresponding primary indica9 tors of performance described in paragraph 

10 (2)(A). 

11 (vii) REVISIONS BASED ON ECONOMIC

12 CONDITIONS AND INDIVIDUALS SERVED DUR13 ING THE PROGRAM YEAR.—The Secretary of 

14 Labor, in conjunction with the Secretary of 

15 Education, shall, in accordance with the ob16 jective statistical model developed pursuant 

17 to clause (viii), revise the State adjusted 

18 levels of performance applicable for each of 

19 the programs described in clause (ii), for a 

20 program year and a State, to reflect the ac21 tual economic conditions and characteristics 

22 of participants (as described in clause 

23 (v)(II)) in that program during such pro24 gram year in such State. 
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1 (viii) STATISTICAL ADJUSTMENT

2 MODEL.—The Secretary of Labor and the 

3 Secretary of Education, after consultation 

4 with the representatives described in para5 graph (4)(B), shall develop and disseminate 

6 an objective statistical model that will be 

7 used to make the adjustments in the State 

8 adjusted levels of performance for actual 

9 economic conditions and characteristics of 

10 participants under clauses (v) and (vii). 

11 (B) LEVELS OF PERFORMANCE FOR ADDI12 TIONAL INDICATORS.—The State may identify, 

13 in the State plan, State levels of performance for 

14 each of the additional indicators identified under 

15 paragraph (2)(B). Such levels shall be considered 

16 to be State adjusted levels of performance for 

17 purposes of this section. 

18 (4) DEFINITIONS OF INDICATORS OF PERFORM19 ANCE.— 

20 (A) IN GENERAL.—In order to ensure na21 tionwide comparability of performance data, the 

22 Secretary of Labor and the Secretary of Edu23 cation, after consultation with representatives 

24 described in subparagraph (B), shall issue defi-
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1 nitions for the indicators described in paragraph 

2 (2). 

3 (B) REPRESENTATIVES.—The representa4 tives referred to in subparagraph (A) are rep5 resentatives of States and political subdivisions, 

6 business and industry, employees, eligible pro7 viders of activities carried out through the core 

8 programs, educators, researchers, participants, 

9 the lead State agency officials with responsibility 

10 for the programs carried out through the core 

11 programs, individuals with expertise in serving 

12 individuals with barriers to employment, and 

13 other interested parties. 

14 (c) LOCAL PERFORMANCE ACCOUNTABILITY MEAS15 URES FOR SUBTITLE B.— 

16 (1) IN GENERAL.—For each local area in a State 

17 designated under section 106, the local performance 

18 accountability measures for each of the programs de19 scribed in subclauses (I) through (III) of subsection 

20 (b)(3)(A)(ii) shall consist of— 

21 (A)(i) the primary indicators of perform22 ance described in subsection (b)(2)(A) that are 

23 applicable to such programs; and 
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1 (ii) additional indicators of performance, if 

2 any, identified by the State for such programs 

3 under subsection (b)(2)(B); and 

4 (B) the local level of performance for each 

5 indicator described in subparagraph (A). 

6 (2) LOCAL LEVEL OF PERFORMANCE.—The local 

7 board, the chief elected official, and the Governor shall 

8 negotiate and reach agreement on local levels of per9 formance based on the State adjusted levels of per10 formance established under subsection (b)(3)(A). 

11 (3) ADJUSTMENT FACTORS.—In negotiating the 

12 local levels of performance, the local board, the chief 

13 elected official, and the Governor shall make adjust14 ments for the expected economic conditions and the 

15 expected characteristics of participants to be served in 

16 the local area, using the statistical adjustment model 

17 developed pursuant to subsection (b)(3)(A)(viii). In 

18 addition, the negotiated local levels of performance 

19 applicable to a program year shall be revised to re20 flect the actual economic conditions experienced and 

21 the characteristics of the populations served in the 

22 local area during such program year using the statis23 tical adjustment model. 

24 (d) PERFORMANCE REPORTS.— 
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1 (1) IN GENERAL.—Not later than 12 months 

2 after the date of enactment of this Act, the Secretary 

3 of Labor, in conjunction with the Secretary of Edu4 cation, shall develop a template for performance re5 ports that shall be used by States, local boards, and 

6 eligible providers of training services under section 

7 122 to report on outcomes achieved by the core pro8 grams. In developing such templates, the Secretary of 

9 Labor, in conjunction with the Secretary of Edu10 cation, will take into account the need to maximize 

11 the value of the templates for workers, jobseekers, em12 ployers, local elected officials, State officials, Federal 

13 policymakers, and other key stakeholders. 

14 (2) CONTENTS OF STATE PERFORMANCE RE15 PORTS.—The performance report for a State shall in16 clude, subject to paragraph (5)(C)— 

17 (A) information specifying the levels of per18 formance achieved with respect to the primary 

19 indicators of performance described in subsection 

20 (b)(2)(A) for each of the programs described in 

21 subsection (b)(3)(A)(ii) and the State adjusted 

22 levels of performance with respect to such indica23 tors for each program; 

24 (B) information specifying the levels of per25 formance achieved with respect to the primary 
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1 indicators of performance described in subsection 

2 (b)(2)(A) for each of the programs described in 

3 subsection (b)(3)(A)(ii) with respect to individ4 uals with barriers to employment, disaggregated 

5 by each subpopulation of such individuals, and 

6 by race, ethnicity, sex, and age; 

7 (C) the total number of participants served 

8 by each of the programs described in subsection 

9 (b)(3)(A)(ii); 

10 (D) the number of participants who received 

11 career and training services, respectively, during 

12 the most recent program year and the 3 pre13 ceding program years, and the amount of funds 

14 spent on each type of service; 

15 (E) the number of participants who exited 

16 from career and training services, respectively, 

17 during the most recent program year and the 3 

18 preceding program years; 

19 (F) the average cost per participant of those 

20 participants who received career and training 

21 services, respectively, during the most recent pro22 gram year and the 3 preceding program years; 

23 (G) the percentage of participants in a pro24 gram authorized under this subtitle who received 

25 training services and obtained unsubsidized em-
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1 ployment in a field related to the training re2 ceived; 

3 (H) the number of individuals with barriers 

4 to employment served by each of the programs 

5 described in subsection (b)(3)(A)(ii), 

6 disaggregated by each subpopulation of such in7 dividuals; 

8 (I) the number of participants who are en9 rolled in more than 1 of the programs described 

10 in subsection (b)(3)(A)(ii); 

11 (J) the percentage of the State’s annual al12 lotment under section 132(b) that the State spent 

13 on administrative costs; 

14 (K) in the case of a State in which local 

15 areas are implementing pay-for-performance 

16 contract strategies for programs— 

17 (i) the performance of service providers 

18 entering into contracts for such strategies, 

19 measured against the levels of performance 

20 specified in the contracts for such strategies; 

21 and 

22 (ii) an evaluation of the design of the 

23 programs and performance of the strategies, 

24 and, where possible, the level of satisfaction 

25 with the strategies among employers and 
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1 participants benefitting from the strategies; 

2 and 

3 (L) other information that facilitates com4 parisons of programs with programs in other 

5 States. 

6 (3) CONTENTS OF LOCAL AREA PERFORMANCE

7 REPORTS.—The performance reports for a local area 

8 shall include, subject to paragraph (6)(C)— 

9 (A) the information specified in subpara10 graphs (A) through (L) of paragraph (2), for 

11 each of the programs described in subclauses (I) 

12 through (III) of subsection (b)(3)(A)(ii); 

13 (B) the percentage of the local area’s alloca14 tion under sections 128(b) and 133(b) that the 

15 local area spent on administrative costs; and 

16 (C) other information that facilitates com17 parisons of programs with programs in other 

18 local areas (or planning regions, as appro19 priate). 

20 (4) CONTENTS OF ELIGIBLE TRAINING PRO21 VIDERS PERFORMANCE REPORTS.—The performance 

22 report for an eligible provider of training services 

23 under section 122 shall include, subject to paragraph 

24 (6)(C), with respect to each program of study (or the 

25 equivalent) of such provider— 
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1 (A) information specifying the levels of per2 formance achieved with respect to the primary 

3 indicators of performance described in subclauses 

4 (I) through (IV) of subsection (b)(2)(A)(i) with 

5 respect to all individuals engaging in the pro6 gram of study (or the equivalent); 

7 (B) the total number of individuals exiting 

8 from the program of study (or the equivalent); 

9 (C) the total number of participants who re10 ceived training services through each of the adult 

11 program and the dislocated worker program au12 thorized under chapter 3 of subtitle B, 

13 disaggregated by the type of entity that provided 

14 the training, during the most recent program 

15 year and the 3 preceding program years; 

16 (D) the total number of participants who 

17 exited from training services, disaggregated by 

18 the type of entity that provided the training, 

19 during the most recent program year and the 3 

20 preceding program years; 

21 (E) the average cost per participant for the 

22 participants who received training services, 

23 disaggregated by the type of entity that provided 

24 the training, during the most recent program 

25 year and the 3 preceding program years; and 
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1 (F) the number of individuals with barriers 

2 to employment served by each of the adult pro3 gram and the dislocated worker program author4 ized under chapter 3 of subtitle B, disaggregated 

5 by each subpopulation of such individuals, and 

6 by race, ethnicity, sex, and age. 

7 (5) DATA VALIDATION.—In preparing the State 

8 reports described in this subsection, each State shall 

9 establish procedures, consistent with guidelines issued 

10 by the Secretary, in conjunction with the Secretary of 

11 Education, to ensure the information contained in the 

12 reports is valid and reliable. 

13 (6) PUBLICATION.— 

14 (A) STATE PERFORMANCE REPORTS.—The 

15 Secretary of Labor and the Secretary of Edu16 cation shall annually make available (including 

17 by electronic means), in an easily understand18 able format, the performance reports for States 

19 containing the information described in para20 graph (2). 

21 (B) LOCAL AREA AND ELIGIBLE TRAINING

22 PROVIDER PERFORMANCE REPORTS.—The State 

23 shall make available (including by electronic 

24 means), in an easily understandable format, the 

25 performance reports for the local areas con-
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1 taining the information described in paragraph 

2 (3) and the performance reports for eligible pro3 viders of training services containing the infor4 mation described in paragraph (4). 

5 (C) RULES FOR REPORTING OF DATA.—The 

6 disaggregation of data under this subsection 

7 shall not be required when the number of partici8 pants in a category is insufficient to yield statis9 tically reliable information or when the results 

10 would reveal personally identifiable information 

11 about an individual participant. 

12 (D) DISSEMINATION TO CONGRESS.—The 

13 Secretary of Labor and the Secretary of Edu14 cation shall make available (including by elec15 tronic means) a summary of the reports, and the 

16 reports, required under this subsection to the 

17 Committee on Education and the Workforce of 

18 the House of Representatives and the Committee 

19 on Health, Education, Labor, and Pensions of 

20 the Senate. The Secretaries shall prepare and 

21 make available with the reports a set of rec22 ommendations for improvements in and adjust23 ments to pay-for-performance contract strategies 

24 used under subtitle B. 

25 (e) EVALUATION OF STATE PROGRAMS.— 
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1 (1) IN GENERAL.—Using funds authorized under 

2 a core program and made available to carry out this 

3 section, the State, in coordination with local boards 

4 in the State and the State agencies responsible for the 

5 administration of the core programs, shall conduct 

6 ongoing evaluations of activities carried out in the 

7 State under such programs. The State, local boards, 

8 and State agencies shall conduct the evaluations in 

9 order to promote, establish, implement, and utilize 

10 methods for continuously improving core program ac11 tivities in order to achieve high-level performance 

12 within, and high-level outcomes from, the workforce 

13 development system. The State shall coordinate the 

14 evaluations with the evaluations provided for by the 

15 Secretary of Labor and the Secretary of Education 

16 under section 169, section 242(c)(2)(D), and sections 

17 12(a)(5), 14, and 107 of the Rehabilitation Act of 

18 1973 (29 U.S.C. 709(a)(5), 711, 727) (applied with 

19 respect to programs carried out under title I of that 

20 Act (29 U.S.C. 720 et seq.)) and the investigations 

21 provided for by the Secretary of Labor under section 

22 10(b) of the Wagner-Peyser Act (29 U.S.C. 49i(b)). 

23 (2) DESIGN.—The evaluations conducted under 

24 this subsection shall be designed in conjunction with 

25 the State board, State agencies responsible for the ad-
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1 ministration of the core programs, and local boards 

2 and shall include analysis of customer feedback and 

3 outcome and process measures in the statewide work4 force development system. The evaluations shall use 

5 designs that employ the most rigorous analytical and 

6 statistical methods that are reasonably feasible, such 

7 as the use of control groups. 

8 (3) RESULTS.—The State shall annually pre9 pare, submit to the State board and local boards in 

10 the State, and make available to the public (including 

11 by electronic means), reports containing the results of 

12 evaluations conducted under this subsection, to pro13 mote the efficiency and effectiveness of the workforce 

14 development system. 

15 (4) COOPERATION WITH FEDERAL EVALUA16 TIONS.—The State shall, to the extent practicable, co17 operate in the conduct of evaluations (including re18 lated research projects) provided for by the Secretary 

19 of Labor or the Secretary of Education under the pro20 visions of Federal law identified in paragraph (1). 

21 Such cooperation shall include the provision of data 

22 (in accordance with appropriate privacy protections 

23 established by the Secretary of Labor), the provision 

24 of responses to surveys, and allowing site visits in a 

25 timely manner, for the Secretaries or their agents. 
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1 (f) SANCTIONS FOR STATE FAILURE TO MEET STATE

2 PERFORMANCE ACCOUNTABILITY MEASURES.— 

3 (1) STATES.— 

4 (A) TECHNICAL ASSISTANCE.—If a State 

5 fails to meet the State adjusted levels of perform6 ance relating to indicators described in sub7 section (b)(2)(A) for a program for any program 

8 year, the Secretary of Labor and the Secretary 

9 of Education shall provide technical assistance, 

10 including assistance in the development of a per11 formance improvement plan. 

12 (B) REDUCTION IN AMOUNT OF GRANT.—If 

13 such failure continues for a second consecutive 

14 year, or (except in the case of exceptional cir15 cumstances as determined by the Secretary of 

16 Labor or the Secretary of Education, as appro17 priate) a State fails to submit a report under 

18 subsection (d) for any program year, the percent19 age of each amount that would (in the absence 

20 of this paragraph) be reserved by the Governor 

21 under section 128(a) for the immediately suc22 ceeding program year shall be reduced by 5 per23 centage points until such date as the Secretary 

24 of Labor or the Secretary of Education, as ap25 propriate, determines that the State meets such 
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1 State adjusted levels of performance and has sub2 mitted such reports for the appropriate program 

3 years. 

4 (g) SANCTIONS FOR LOCAL AREA FAILURE TO MEET

5 LOCAL PERFORMANCE ACCOUNTABILITY MEASURES.— 

6 (1) TECHNICAL ASSISTANCE.—If a local area 

7 fails to meet local performance accountability meas8 ures established under subsection (c) for the youth, 

9 adult, or dislocated worker program authorized under 

10 chapter 2 or 3 of subtitle B for a program described 

11 in subsection (d)(2)(A) for any program year, the 

12 Governor, or upon request by the Governor, the Sec13 retary of Labor, shall provide technical assistance, 

14 which may include assistance in the development of 

15 a performance improvement plan or the development 

16 of a modified local plan (or regional plan). 

17 (2) CORRECTIVE ACTIONS.— 

18 (A) IN GENERAL.—If such failure continues 

19 for a third consecutive year, the Governor shall 

20 take corrective actions, which shall include devel21 opment of a reorganization plan through which 

22 the Governor shall— 

23 (i) require the appointment and cer24 tification of a new local board, consistent 
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1 with the criteria established under section 

2 107(b); 

3 (ii) prohibit the use of eligible pro4 viders and one-stop partners identified as 

5 achieving a poor level of performance; or 

6 (iii) take such other significant actions 

7 as the Governor determines are appropriate. 

8 (B) APPEAL BY LOCAL AREA.— 

9 (i) APPEAL TO GOVERNOR.—The local 

10 board and chief elected official for a local 

11 area that is subject to a reorganization plan 

12 under subparagraph (A) may, not later 

13 than 30 days after receiving notice of the 

14 reorganization plan, appeal to the Governor 

15 to rescind or revise such plan. In such case, 

16 the Governor shall make a final decision not 

17 later than 30 days after the receipt of the 

18 appeal. 

19 (ii) SUBSEQUENT ACTION.—The local 

20 board and chief elected official for a local 

21 area may, not later than 30 days after re22 ceiving a decision from the Governor pursu23 ant to clause (i), appeal such decision to the 

24 Secretary of Labor. In such case, the Sec-
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1 retary shall make a final decision not later 

2 than 30 days after the receipt of the appeal. 

3 (C) EFFECTIVE DATE.—The decision made 

4 by the Governor under subparagraph (B)(i) shall 

5 become effective at the time the Governor issues 

6 the decision pursuant to such clause. Such deci7 sion shall remain effective unless the Secretary of 

8 Labor rescinds or revises such plan pursuant to 

9 subparagraph (B)(ii). 

10 (h) ESTABLISHING PAY-FOR-PERFORMANCE CONTRACT

11 STRATEGY INCENTIVES.—Using non-Federal funds, the 

12 Governor may establish incentives for local boards to imple13 ment pay-for-performance contract strategies for the deliv14 ery of training services described in section 134(c)(3) or ac15 tivities described in section 129(c)(2) in the local areas 

16 served by the local boards. 

17 (i) FISCAL AND MANAGEMENT ACCOUNTABILITY IN18 FORMATION SYSTEMS.— 

19 (1) IN GENERAL.—Using funds authorized under 

20 a core program and made available to carry out this 

21 chapter, the Governor, in coordination with the State 

22 board, the State agencies administering the core pro23 grams, local boards, and chief elected officials in the 

24 State, shall establish and operate a fiscal and man25 agement accountability information system based on 
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1 guidelines established by the Secretary of Labor and 

2 the Secretary of Education after consultation with the 

3 Governors of States, chief elected officials, and one4 stop partners. Such guidelines shall promote efficient 

5 collection and use of fiscal and management informa6 tion for reporting and monitoring the use of funds 

7 authorized under the core programs and for preparing 

8 the annual report described in subsection (d). 

9 (2) WAGE RECORDS.—In measuring the progress 

10 of the State on State and local performance account11 ability measures, a State shall utilize quarterly wage 

12 records, consistent with State law. The Secretary of 

13 Labor shall make arrangements, consistent with State 

14 law, to ensure that the wage records of any State are 

15 available to any other State to the extent that such 

16 wage records are required by the State in carrying 

17 out the State plan of the State or completing the an18 nual report described in subsection (d). 

19 (3) CONFIDENTIALITY.—In carrying out the re20 quirements of this Act, the State shall comply with 

21 section 444 of the General Education Provisions Act 

22 (20 U.S.C. 1232g). 
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1 Subtitle B—Workforce Investment 

2 Activities and Providers 

3 CHAPTER 1—WORKFORCE INVESTMENT 

4 ACTIVITIES AND PROVIDERS 

5 SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYS6 TEMS. 

7 (a) IN GENERAL.—Consistent with an approved State 

8 plan, the local board for a local area, with the agreement 

9 of the chief elected official for the local area, shall— 

10 (1) develop and enter into the memorandum of 

11 understanding described in subsection (c) with one12 stop partners; 

13 (2) designate or certify one-stop operators under 

14 subsection (d); and 

15 (3) conduct oversight with respect to the one-stop 

16 delivery system in the local area. 

17 (b) ONE-STOP PARTNERS.— 

18 (1) REQUIRED PARTNERS.— 

19 (A) ROLES AND RESPONSIBILITIES OF ONE20 STOP PARTNERS.—Each entity that carries out a 

21 program or activities described in subparagraph 

22 (B) in a local area shall— 

23 (i) provide access through the one-stop 

24 delivery system to such program or activi25 ties carried out by the entity, including 
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1 making the career services described in sec2 tion 134(c)(2) that are applicable to the 

3 program or activities available at the one4 stop centers (in addition to any other ap5 propriate locations); 

6 (ii) use a portion of the funds available 

7 for the program and activities to maintain 

8 the one-stop delivery system, including pay9 ment of the infrastructure costs of one-stop 

10 centers in accordance with subsection (h); 

11 (iii) enter into a local memorandum of 

12 understanding with the local board, relating 

13 to the operation of the one-stop system, that 

14 meets the requirements of subsection (c); 

15 (iv) participate in the operation of the 

16 one-stop system consistent with the terms of 

17 the memorandum of understanding, the re18 quirements of this title, and the require19 ments of the Federal laws authorizing the 

20 program or activities; and 

21 (v) provide representation on the State 

22 board to the extent provided under section 

23 101. 
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1 (B) PROGRAMS AND ACTIVITIES.—The pro2 grams and activities referred to in subparagraph 

3 (A) consist of— 

4 (i) programs authorized under this 

5 title; 

6 (ii) programs authorized under the 

7 Wagner-Peyser Act (29 U.S.C. 49 et seq.); 

8 (iii) adult education and literacy ac9 tivities authorized under title II; 

10 (iv) programs authorized under title I 

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

12 720 et seq.) (other than section 112 or part 

13 C of title I of such Act (29 U.S.C. 732, 

14 741); 

15 (v) activities authorized under title V 

16 of the Older Americans Act of 1965 (42 

17 U.S.C. 3056 et seq.); 

18 (vi) career and technical education 

19 programs at the postsecondary level author20 ized under the Carl D. Perkins Career and 

21 Technical Education Act of 2006 (20 U.S.C. 

22 2301 et seq.); 

23 (vii) activities authorized under chap24 ter 2 of title II of the Trade Act of 1974 (19 

25 U.S.C. 2271 et seq.); 
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1 (viii) activities authorized under chap2 ter 41 of title 38, United States Code; 

3 (ix) employment and training activi4 ties carried out under the Community Serv5 ices Block Grant Act (42 U.S.C. 9901 et 

6 seq.); 

7 (x) employment and training activities 

8 carried out by the Department of Housing 

9 and Urban Development; 

10 (xi) programs authorized under State 

11 unemployment compensation laws (in ac12 cordance with applicable Federal law); 

13 (xii) programs authorized under sec14 tion 212 of the Second Chance Act of 2007 

15 (42 U.S.C. 17532); and 

16 (xiii) programs authorized under part 

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

18 U.S.C. 601 et seq.), subject to subparagraph 

19 (C). 

20 (C) DETERMINATION BY THE GOVERNOR.— 

21 (i) IN GENERAL.—An entity that car22 ries out a program referred to in subpara23 graph (B)(xiii) shall be included in the one24 stop partners for the local area, as a re25 quired partner, for purposes of this Act and 
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1 the other core program provisions that are 

2 not part of this Act, unless the Governor 

3 provides the notification described in clause 

4 (ii). 

5 (ii) NOTIFICATION.—The notification 

6 referred to in clause (i) is a notification 

7 that— 

8 (I) is made in writing of a deter9 mination by the Governor not to in10 clude such entity in the one-stop part11 ners described in clause (i); and 

12 (II) is provided to the Secretary 

13 of Labor (referred to in this subtitle, 

14 and subtitles C through E, as the ‘‘Sec15 retary’’) and the Secretary of Health 

16 and Human Services. 

17 (2) ADDITIONAL PARTNERS.— 

18 (A) IN GENERAL.—With the approval of the 

19 local board and chief elected official, in addition 

20 to the entities described in paragraph (1), other 

21 entities that carry out workforce development 

22 programs described in subparagraph (B) may be 

23 one-stop partners for the local area and carry 

24 out the responsibilities described in paragraph 

25 (1)(A). 
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1 (B) PROGRAMS.—The programs referred to 

2 in subparagraph (A) may include— 

3 (i) employment and training programs 

4 administered by the Social Security Admin5 istration, including the Ticket to Work and 

6 Self-Sufficiency Program established under 

7 section 1148 of the Social Security Act (42 

8 U.S.C. 1320b–19); 

9 (ii) employment and training pro10 grams carried out by the Small Business 

11 Administration; 

12 (iii) programs authorized under sec13 tion 6(d)(4) of the Food and Nutrition Act 

14 of 2008 (7 U.S.C. 2015(d)(4)); 

15 (iv) work programs authorized under 

16 section 6(o) of the Food and Nutrition Act 

17 of 2008 (7 U.S.C. 2015(o)); 

18 (v) programs carried out under section 

19 112 of the Rehabilitation Act of 1973 (29 

20 U.S.C. 732); 

21 (vi) programs authorized under the 

22 National and Community Service Act of 

23 1990 (42 U.S.C. 12501 et seq.); and 

24 (vii) other appropriate Federal, State, 

25 or local programs, including employment, 
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1 education, and training programs provided 

2 by public libraries or in the private sector. 

3 (c) MEMORANDUM OF UNDERSTANDING.— 

4 (1) DEVELOPMENT.—The local board, with the 

5 agreement of the chief elected official, shall develop 

6 and enter into a memorandum of understanding (be7 tween the local board and the one-stop partners), con8 sistent with paragraph (2), concerning the operation 

9 of the one-stop delivery system in the local area. 

10 (2) CONTENTS.—Each memorandum of under11 standing shall contain— 

12 (A) provisions describing— 

13 (i) the services to be provided through 

14 the one-stop delivery system consistent with 

15 the requirements of this section, including 

16 the manner in which the services will be co17 ordinated and delivered through such sys18 tem; 

19 (ii) how the costs of such services and 

20 the operating costs of such system will be 

21 funded, including— 

22 (I) funding through cash and in23 kind contributions (fairly evaluated), 

24 which contributions may include fund25 ing from philanthropic organizations 
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1 or other private entities, or through 

2 other alternative financing options, to 

3 provide a stable and equitable funding 

4 stream for ongoing one-stop delivery 

5 system operations; and 

6 (II) funding of the infrastructure 

7 costs of one-stop centers in accordance 

8 with subsection (h); 

9 (iii) methods of referral of individuals 

10 between the one-stop operator and the one11 stop partners for appropriate services and 

12 activities; 

13 (iv) methods to ensure the needs of 

14 workers and youth, and individuals with 

15 barriers to employment, including individ16 uals with disabilities, are addressed in the 

17 provision of necessary and appropriate ac18 cess to services, including access to tech19 nology and materials, made available 

20 through the one-stop delivery system; and 

21 (v) the duration of the memorandum of 

22 understanding and the procedures for 

23 amending the memorandum during the du24 ration of the memorandum, and assurances 

25 that such memorandum shall be reviewed 
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1 not less than once every 3-year period to en2 sure appropriate funding and delivery of 

3 services; and 

4 (B) such other provisions, consistent with 

5 the requirements of this title, as the parties to 

6 the agreement determine to be appropriate. 

7 (d) ONE-STOP OPERATORS.— 

8 (1) LOCAL DESIGNATION AND CERTIFICATION.— 

9 Consistent with paragraphs (2) and (3), the local 

10 board, with the agreement of the chief elected official, 

11 is authorized to designate or certify one-stop operators 

12 and to terminate for cause the eligibility of such oper13 ators. 

14 (2) ELIGIBILITY.—To be eligible to receive funds 

15 made available under this subtitle to operate a one16 stop center referred to in subsection (e), an entity 

17 (which may be a consortium of entities)— 

18 (A) shall be designated or certified as a one19 stop operator through a competitive process; and 

20 (B) shall be an entity (public, private, or 

21 nonprofit), or consortium of entities (including a 

22 consortium of entities that, at a minimum, in23 cludes 3 or more of the one-stop partners de24 scribed in subsection (b)(1)), of demonstrated ef-
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1 fectiveness, located in the local area, which may 

2 include— 

3 (i) an institution of higher education; 

4 (ii) an employment service State agen5 cy established under the Wagner-Peyser Act 

6 (29 U.S.C. 49 et seq.), on behalf of the local 

7 office of the agency; 

8 (iii) a community-based organization, 

9 nonprofit organization, or intermediary; 

10 (iv) a private for-profit entity; 

11 (v) a government agency; and 

12 (vi) another interested organization or 

13 entity, which may include a local chamber 

14 of commerce or other business organization, 

15 or a labor organization. 

16 (3) EXCEPTION.—Elementary schools and sec17 ondary schools shall not be eligible for designation or 

18 certification as one-stop operators, except that non19 traditional public secondary schools and area career 

20 and technical education schools may be eligible for 

21 such designation or certification. 

22 (4) ADDITIONAL REQUIREMENTS.—The State 

23 and local boards shall ensure that in carrying out ac24 tivities under this title, one-stop operators— 
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1 (A) disclose any potential conflicts of inter2 est arising from the relationships of the operators 

3 with particular training service providers or 

4 other service providers; 

5 (B) do not establish practices that create 

6 disincentives to providing services to individuals 

7 with barriers to employment who may require 

8 longer-term services, such as intensive employ9 ment, training, and education services; and 

10 (C) comply with Federal regulations, and 

11 procurement policies, relating to the calculation 

12 and use of profits. 

13 (e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS14 TEM.— 

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

16 each local area in a State that receives an allotment 

17 under section 132(b) a one-stop delivery system, 

18 which shall— 

19 (A) provide the career services described in 

20 section 134(c)(2); 

21 (B) provide access to training services as 

22 described in section 134(c)(3), including serving 

23 as the point of access to training services for 

24 participants in accordance with section 

25 134(c)(3)(G); 
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1 (C) provide access to the employment and 

2 training activities carried out under section 

3 134(d), if any; 

4 (D) provide access to programs and activi5 ties carried out by one-stop partners described in 

6 subsection (b); and 

7 (E) provide access to the data, information, 

8 and analysis described in section 15(a) of the 

9 Wagner-Peyser Act (29 U.S.C. 49l–2(a)) and all 

10 job search, placement, recruitment, and other 

11 labor exchange services authorized under the 

12 Wagner-Peyser Act (29 U.S.C. 49 et seq.). 

13 (2) ONE-STOP DELIVERY.—The one-stop delivery 

14 system— 

15 (A) at a minimum, shall make each of the 

16 programs, services, and activities described in 

17 paragraph (1) accessible at not less than 1 phys18 ical center in each local area of the State; and 

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

20 activities described in paragraph (1) available— 

21 (i) through a network of affiliated sites 

22 that can provide 1 or more of the programs, 

23 services, and activities to individuals; and 

24 (ii) through a network of eligible one25 stop partners— 
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1 (I) in which each partner pro2 vides 1 or more of the programs, serv3 ices, and activities to such individuals 

4 and is accessible at an affiliated site 

5 that consists of a physical location or 

6 an electronically or technologically 

7 linked access point; and 

8 (II) that assures individuals that 

9 information on the availability of the 

10 career services will be available regard11 less of where the individuals initially 

12 enter the statewide workforce develop13 ment system, including information 

14 made available through an access point 

15 described in subclause (I); 

16 (C) may have specialized centers to address 

17 special needs, such as the needs of dislocated 

18 workers, youth, or key industry sectors or clus19 ters; and 

20 (D) as applicable and practicable, shall 

21 make programs, services, and activities accessible 

22 to individuals through electronic means in a 

23 manner that improves efficiency, coordination, 

24 and quality in the delivery of one-stop partner 

25 services. 
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1 (3) COLOCATION OF WAGNER-PEYSER SERV2 ICES.—Consistent with section 3(d) of the Wagner3 Peyser Act (29 U.S.C. 49b(d)), and in order to im4 prove service delivery, avoid duplication of services, 

5 and enhance coordination of services, including loca6 tion of staff to ensure access to services in underserved 

7 areas, the employment service offices in each State 

8 shall be colocated with one-stop centers established 

9 under this title. 

10 (4) USE OF COMMON ONE-STOP DELIVERY SYS11 TEM IDENTIFIER.—In addition to using any State or 

12 locally developed identifier, each one-stop delivery sys13 tem shall include in the identification of products, 

14 programs, activities, services, facilities, and related 

15 property and materials, a common one-stop delivery 

16 system identifier. The identifier shall be developed by 

17 the Secretary, in consultation with heads of other ap18 propriate departments and agencies, and representa19 tives of State boards and local boards and of other 

20 stakeholders in the one-stop delivery system, not later 

21 than the beginning of the second full program year 

22 after the date of enactment of this Act. Such common 

23 identifier may consist of a logo, phrase, or other iden24 tifier that informs users of the one-stop delivery sys25 tem that such products, programs, activities, services, 
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1 facilities, property, or materials are being provided 

2 through such system. Nothing in this paragraph shall 

3 be construed to prohibit one-stop partners, States, or 

4 local areas from having additional identifiers. 

5 (f) APPLICATION TO CERTAIN VOCATIONAL REHABILI6 TATION PROGRAMS.— 

7 (1) LIMITATION.—Nothing in this section shall 

8 be construed to apply to part C of title I of the Reha9 bilitation Act of 1973 (29 U.S.C. 741). 

10 (2) CLIENT ASSISTANCE.—Nothing in this Act 

11 shall be construed to require that any entity carrying 

12 out a client assistance program authorized under sec13 tion 112 of the Rehabilitation Act of 1973 (29 U.S.C. 

14 732)— 

15 (A) be included as a mandatory one-stop 

16 partner under subsection (b)(1); or 

17 (B) if the entity is included as an addi18 tional one-stop partner under subsection (b)(2)— 

19 (i) violate the requirement of section 

20 112(c)(1)(A) of that Act (29 U.S.C. 

21 732(c)(1)(A)) that the entity be independent 

22 of any agency that provides treatment, serv23 ices, or rehabilitation to individuals under 

24 that Act; or 
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1 (ii) carry out any activity not author2 ized under section 112 of that Act (includ3 ing appropriate Federal regulations). 

4 (g) CERTIFICATION AND CONTINUOUS IMPROVEMENT

5 OF ONE-STOP CENTERS.— 

6 (1) IN GENERAL.—In order to be eligible to re7 ceive infrastructure funding described in subsection 

8 (h), the State board, in consultation with chief elected 

9 officials and local boards, shall establish objective cri10 teria and procedures for use by local boards in assess11 ing at least once every 3 years the effectiveness, phys12 ical and programmatic accessibility in accordance 

13 with section 188, if applicable, and the Americans 

14 with Disabilities Act of 1990 (42 U.S.C. 12101 et 

15 seq), and continuous improvement of one-stop centers 

16 and the one-stop delivery system, consistent with the 

17 requirements of section 101(d)(6). 

18 (2) CRITERIA.—The criteria and procedures de19 veloped under this subsection shall include standards 

20 relating to service coordination achieved by the one21 stop delivery system with respect to the programs ad22 ministered by the one-stop partners at the one-stop 

23 centers. Such criteria and procedures shall— 

24 (A) be developed in a manner that is con25 sistent with the guidelines, guidance, and poli-
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1 cies provided by the Governor and by the State 

2 board, in consultation with the chief elected offi3 cials and local boards, for such partners’ partici4 pation under subsections (h)(1) and (i); and 

5 (B) include such factors relating to the effec6 tiveness, accessibility, and improvement of the 

7 one-stop delivery system as the State board deter8 mines to be appropriate, including at a min9 imum how well the one-stop center— 

10 (i) supports the achievement of the ne11 gotiated local levels of performance for the 

12 indicators of performance described in sec13 tion 116(b)(2) for the local area; 

14 (ii) integrates available services; and 

15 (iii) meets the workforce development 

16 and employment needs of local employers 

17 and participants. 

18 (3) LOCAL CRITERIA.—Consistent with the cri19 teria developed under paragraph (1) by the State, a 

20 local board in the State may develop additional cri21 teria (or higher levels of service coordination than re22 quired for the State-developed criteria) relating to 

23 service coordination achieved by the one-stop delivery 

24 system, for purposes of assessments described in para25 graph (1), in order to respond to labor market, eco-
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1 nomic, and demographic, conditions and trends in the 

2 local area. 

3 (4) EFFECT OF CERTIFICATION.—One-stop cen4 ters certified under this subsection shall be eligible to 

5 receive the infrastructure funding described in sub6 section (h). 

7 (5) REVIEW AND UPDATE.—The criteria and 

8 procedures established under this subsection shall be 

9 reviewed and updated by the State board or the local 

10 board, as the case may be, as part of the biennial 

11 process for review and modification of State and local 

12 plans described in sections 102(c)(2) and 108(a). 

13 (h) FUNDING OF ONE-STOP INFRASTRUCTURE.— 

14 (1) IN GENERAL.— 

15 (A) OPTIONS FOR INFRASTRUCTURE FUND16 ING.— 

17 (i) LOCAL OPTIONS.—The local board, 

18 chief elected officials, and one-stop partners 

19 described in subsection (b)(1) in a local 

20 area may fund the costs of infrastructure of 

21 one-stop centers in the local area through— 

22 (I) methods agreed on by the local 

23 board, chief elected officials, and one24 stop partners (and described in the 
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1 memorandum of understanding de2 scribed in subsection (c)); or 

3 (II) if no consensus agreement on 

4 methods is reached under subclause (I), 

5 the State infrastructure funding mech6 anism described in paragraph (2). 

7 (ii) FAILURE TO REACH CONSENSUS

8 AGREEMENT ON FUNDING METHODS.—Be9 ginning July 1, 2016, if the local board, 

10 chief elected officials, and one-stop partners 

11 described in subsection (b)(1) in a local 

12 area fail to reach consensus agreement on 

13 methods of sufficiently funding the costs of 

14 infrastructure of one-stop centers for a pro15 gram year, the State infrastructure funding 

16 mechanism described in paragraph (2) shall 

17 be applicable to such local area for that pro18 gram year and for each subsequent program 

19 year for which those entities and individ20 uals fail to reach such agreement. 

21 (B) GUIDANCE FOR INFRASTRUCTURE

22 FUNDING.—In addition to carrying out the re23 quirements relating to the State infrastructure 

24 funding mechanism described in paragraph (2), 

25 the Governor, after consultation with chief elect-
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1 ed officials, local boards, and the State board, 

2 and consistent with the guidance and policies 

3 provided by the State board under subpara4 graphs (B) and (C)(i) of section 101(d)(7), shall 

5 provide, for the use of local areas under subpara6 graph (A)(i)(I)— 

7 (i) guidelines for State-administered 

8 one-stop partner programs, for determining 

9 such programs’ contributions to a one-stop 

10 delivery system, based on such programs’ 

11 proportionate use of such system consistent 

12 with chapter II of title 2, Code of Federal 

13 Regulations (or any corresponding similar 

14 regulation or ruling), including deter15 mining funding for the costs of infrastruc16 ture, which contributions shall be negotiated 

17 pursuant to the memorandum of under18 standing under subsection (c); and 

19 (ii) guidance to assist local boards, 

20 chief elected officials, and one-stop partners 

21 in local areas in determining equitable and 

22 stable methods of funding the costs of infra23 structure of one-stop centers in such areas. 

24 (2) STATE ONE-STOP INFRASTRUCTURE FUND25 ING.— 
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1 (A) DEFINITION.—In this paragraph, the 

2 term ‘‘covered portion’’, used with respect to 

3 funding for a fiscal year for a program described 

4 in subsection (b)(1), means a portion determined 

5 under subparagraph (C) of the Federal funds 

6 provided to a State (including local areas within 

7 the State) under the Federal law authorizing 

8 that program described in subsection (b)(1) for 

9 the fiscal year (taking into account the avail10 ability of funding for purposes related to infra11 structure from philanthropic organizations, pri12 vate entities, or other alternative financing op13 tions). 

14 (B) PARTNER CONTRIBUTIONS.—Subject to 

15 subparagraph (D), for local areas in a State that 

16 are not covered by paragraph (1)(A)(i)(I), the 

17 covered portions of funding for a fiscal year shall 

18 be provided to the Governor from the programs 

19 described in subsection (b)(1), to assist in paying 

20 the costs of infrastructure of one-stop centers in 

21 those local areas of the State not adequately 

22 funded under the option described in paragraph 

23 (1)(A)(i)(I). 

24 (C) DETERMINATION OF GOVERNOR.— 
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1 (i) IN GENERAL.—Subject to clause (ii) 

2 and subparagraph (D), the Governor, after 

3 consultation with chief elected officials, local 

4 boards, and the State board, shall determine 

5 the portion of funds to be provided under 

6 subparagraph (B) by each one-stop partner 

7 from each program described in subpara8 graph (B). In making such determination 

9 for the purpose of determining funding con10 tributions, for funding pursuant to clause 

11 (i)(II) or (ii) of paragraph (1)(A) by each 

12 partner, the Governor shall calculate 

13 amounts for the proportionate use of the 

14 one-stop centers in the State, consistent 

15 with chapter II of title 2, Code of Federal 

16 Regulations (or any corresponding similar 

17 regulation or ruling), taking into account 

18 the costs of administration of the one-stop 

19 delivery system for purposes not related to 

20 one-stop centers, for each partner. The Gov21 ernor shall exclude from such determination 

22 of funds the amounts for proportionate use 

23 of one-stop centers attributable to the pro24 grams of one-stop partners for those local 

25 areas of the State where the costs of infra-
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1 structure of one-stop centers are funded 

2 under the option described in paragraph 

3 (1)(A)(i)(I). The Governor shall also take 

4 into account the statutory requirements for 

5 each partner program and the partner pro6 gram’s ability to fulfill such requirements. 

7 (ii) SPECIAL RULE.—In a State in 

8 which the State constitution or a State stat9 ute places policymaking authority that is 

10 independent of the authority of the Gov11 ernor in an entity or official with respect to 

12 the funds provided for adult education and 

13 literacy activities authorized under title II, 

14 postsecondary career and technical edu15 cation activities authorized under the Carl 

16 D. Perkins Career and Technical Education 

17 Act of 2006 (20 U.S.C. 2301 et seq.), or vo18 cational rehabilitation services offered under 

19 a provision covered by section 3(13)(D), the 

20 determination described in clause (i) with 

21 respect to the programs authorized under 

22 that title, Act, or provision shall be made by 

23 the chief officer of the entity, or the official, 

24 with such authority in consultation with 

25 the Governor. 
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1 (D) LIMITATIONS.— 

2 (i) PROVISION FROM ADMINISTRATIVE

3 FUNDS.— 

4 (I) IN GENERAL.—Subject to sub5 clause (II), the funds provided under 

6 this paragraph by each one-stop part7 ner shall be provided only from funds 

8 available for the costs of administra9 tion under the program administered 

10 by such partner, and shall be subject to 

11 the program’s limitations with respect 

12 to the portion of funds under such pro13 gram that may be used for administra14 tion. 

15 (II) EXCEPTIONS.—Nothing in 

16 this clause shall be construed to apply 

17 to the programs carried out under this 

18 title, or under title V of the Older 

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

20 3056 et seq.). 

21 (ii) CAP ON REQUIRED CONTRIBU22 TIONS.—For local areas in a State that are 

23 not covered by paragraph (1)(A)(i)(I), the 

24 following rules shall apply: 
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1 (I) WIA FORMULA PROGRAMS AND

2 EMPLOYMENT SERVICE.—The portion 

3 of funds required to be contributed 

4 under this paragraph from a program 

5 authorized under chapter 2 or 3, or the 

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

7 seq.) shall not exceed 3 percent of the 

8 amount of Federal funds provided to 

9 carry out that program in the State 

10 for a fiscal year. 

11 (II) OTHER ONE-STOP PART12 NERS.—The portion of funds required 

13 to be contributed under this paragraph 

14 from a program described in subsection 

15 (b)(1) other than the programs de16 scribed in subclause (I) shall not exceed 

17 1.5 percent of the amount of Federal 

18 funds provided to carry out that pro19 gram in the State for a fiscal year. 

20 (III) VOCATIONAL REHABILITA21 TION.—Notwithstanding subclauses (I) 

22 and (II), an entity administering a 

23 program described in subsection 

24 (b)(1)(B)(iv) shall not be required to 
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1 provide from that program, under this 

2 paragraph, a portion that exceeds— 

3 (aa) 0.75 percent of the 

4 amount of Federal funds provided 

5 to carry out such program in the 

6 State for the second full program 

7 year that begins after the date of 

8 enactment of this Act; 

9 (bb) 1.0 percent of the 

10 amount provided to carry out 

11 such program in the State for the 

12 third full program year that be13 gins after such date; 

14 (cc) 1.25 percent of the 

15 amount provided to carry out 

16 such program in the State for the 

17 fourth full program year that be18 gins after such date; and 

19 (dd) 1.5 percent of the 

20 amount provided to carry out 

21 such program in the State for the 

22 fifth and each succeeding full pro23 gram year that begins after such 

24 date. 
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1 (iii) FEDERAL DIRECT SPENDING PRO2 GRAMS.—For local areas in a State that are 

3 not covered by paragraph (1)(A)(i)(I), an 

4 entity administering a program funded 

5 with direct spending as defined in section 

6 250(c)(8) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985, as 

8 in effect on February 15, 2014 (2 U.S.C. 

9 900(c)(8)) shall not be required to provide, 

10 for purposes of this paragraph, an amount 

11 in excess of the amount determined under 

12 subparagraph (C)(i) to be equivalent to the 

13 cost of the proportionate use of the one-stop 

14 centers for the one-stop partner for such 

15 program in the State. 

16 (iv) NATIVE AMERICAN PROGRAMS.— 

17 One-stop partners for Native American pro18 grams established under section 166 shall 

19 not be subject to the provisions of this sub20 section (other than this clause) or subsection 

21 (i). For purposes of subsection 

22 (c)(2)(A)(ii)(II), the method for determining 

23 the appropriate portion of funds to be pro24 vided by such partners to pay for the costs 

25 of infrastructure of a one-stop center shall 
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1 be determined as part of the development of 

2 the memorandum of understanding under 

3 subsection (c) for the one-stop center and 

4 shall be stated in the memorandum. 

5 (E) APPEAL BY ONE-STOP PARTNERS.—The 

6 Governor shall establish a process, described 

7 under section 102(b)(2)(D)(i)(IV), for a one-stop 

8 partner administering a program described in 

9 subsection (b)(1) to appeal a determination re10 garding the portion of funds to be provided 

11 under this paragraph. Such a determination 

12 may be appealed under the process on the basis 

13 that such determination is inconsistent with the 

14 requirements of this paragraph. Such process 

15 shall ensure prompt resolution of the appeal in 

16 order to ensure the funds are distributed in a 

17 timely manner, consistent with the requirements 

18 of section 182(e). 

19 (3) ALLOCATION BY GOVERNOR.— 

20 (A) IN GENERAL.—From the funds provided 

21 under paragraph (1), the Governor shall allocate 

22 the funds to local areas described in subpara23 graph (B) in accordance with the formula estab24 lished under subparagraph (B) for the purposes 
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1 of assisting in paying the costs of infrastructure 

2 of one-stop centers. 

3 (B) ALLOCATION FORMULA.—The State 

4 board shall develop a formula to be used by the 

5 Governor to allocate the funds provided under 

6 paragraph (1) to local areas not funding costs of 

7 infrastructure under the option described in 

8 paragraph (1)(A)(i)(I). The formula shall be 

9 based on factors including the number of one10 stop centers in a local area, the population 

11 served by such centers, the services provided by 

12 such centers, and other factors relating to the 

13 performance of such centers that the State board 

14 determines are appropriate. 

15 (4) COSTS OF INFRASTRUCTURE.—In this sub16 section, the term ‘‘costs of infrastructure’’, used with 

17 respect to a one-stop center, means the nonpersonnel 

18 costs that are necessary for the general operation of 

19 the one-stop center, including the rental costs of the 

20 facilities, the costs of utilities and maintenance, 

21 equipment (including assessment-related products and 

22 assistive technology for individuals with disabilities), 

23 and technology to facilitate access to the one-stop cen24 ter, including the center’s planning and outreach ac25 tivities. 
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1 (i) OTHER FUNDS.— 

2 (1) IN GENERAL.—Subject to the memorandum 

3 of understanding described in subsection (c) for the 

4 one-stop delivery system involved, in addition to the 

5 funds provided to carry out subsection (h), a portion 

6 of funds made available under Federal law author7 izing the programs described in subsection (b) and 

8 administered by one-stop partners, or the noncash re9 sources available under such programs, shall be used 

10 to pay the additional costs relating to the operation 

11 of the one-stop delivery system that are not paid from 

12 the funds provided under subsection (h), as deter13 mined in accordance with paragraph (3), to the ex14 tent not inconsistent with the Federal law involved. 

15 Such costs shall include the costs of the provision of 

16 career services described in section 134(c)(2) applica17 ble to each program and may include common costs 

18 that are not paid from the funds provided under sub19 section (h). 

20 (2) SHARED SERVICES.—The costs described 

21 under paragraph (1) may include costs of services 

22 that are authorized for and may be commonly pro23 vided through the one-stop partner programs to any 

24 individual, such as initial intake, assessment of needs, 

25 appraisal of basic skills, identification of appropriate 
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1 services to meet such needs, referrals to other one-stop 

2 partners, and other similar services. 

3 (3) DETERMINATION AND GUIDANCE.—The meth4 od for determining the appropriate portion of funds 

5 and noncash resources to be provided by the one-stop 

6 partner for each program under paragraph (1) for a 

7 one-stop center shall be determined as part of the de8 velopment of the memorandum of understanding 

9 under subsection (c) for the one-stop center and shall 

10 be stated in the memorandum. The State board shall 

11 provide guidance to facilitate the determination, for 

12 purposes of the memorandum of understanding, of an 

13 appropriate allocation of the funds and noncash re14 sources in local areas, consistent with the require15 ments of section 101(d)(6)(C). 

16 SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

17 TRAINING SERVICES. 

18 (a) ELIGIBILITY.— 

19 (1) IN GENERAL.—Except as provided in sub20 section (h), the Governor, after consultation with the 

21 State board, shall establish criteria, information re22 quirements, and procedures regarding the eligibility 

23 of providers of training services to receive funds pro24 vided under section 133(b) for the provision of train25 ing services in local areas in the State. 
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1 (2) PROVIDERS.—Subject to the provisions of 

2 this section, to be eligible to receive those funds for the 

3 provision of training services, the provider shall be— 

4 (A) an institution of higher education that 

5 provides a program that leads to a recognized 

6 postsecondary credential; 

7 (B) an entity that carries out programs reg8 istered under the Act of August 16, 1937 (com9 monly known as the ‘‘National Apprenticeship 

10 Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et 

11 seq.); or 

12 (C) another public or private provider of a 

13 program of training services, which may include 

14 joint labor-management organizations, and eligi15 ble providers of adult education and literacy ac16 tivities under title II if such activities are pro17 vided in combination with occupational skills 

18 training. 

19 (3) INCLUSION IN LIST OF ELIGIBLE PRO20 VIDERS.—A provider described in subparagraph (A) 

21 or (C) of paragraph (2) shall comply with the cri22 teria, information requirements, and procedures es23 tablished under this section to be included on the list 

24 of eligible providers of training services described in 

25 subsection (d). A provider described in paragraph 
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1 (2)(B) shall be included and maintained on the list 

2 of eligible providers of training services described in 

3 subsection (d) for so long as the corresponding pro4 gram of the provider remains registered as described 

5 in paragraph (2)(B). 

6 (b) CRITERIA AND INFORMATION REQUIREMENTS.— 

7 (1) STATE CRITERIA.—In establishing criteria 

8 pursuant to subsection (a), the Governor shall take 

9 into account each of the following: 

10 (A) The performance of providers of train11 ing services with respect to— 

12 (i) the performance accountability 

13 measures and other matters for which infor14 mation is required under paragraph (2); 

15 and 

16 (ii) other appropriate measures of per17 formance outcomes determined by the Gov18 ernor for those participants receiving train19 ing services under this subtitle (taking into 

20 consideration the characteristics of the pop21 ulation served and relevant economic condi22 tions), and the outcomes of the program 

23 through which those training services were 

24 provided for students in general with re-
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1 spect to employment and earnings as de2 fined under section 116(b)(2). 

3 (B) The need to ensure access to training 

4 services throughout the State, including in rural 

5 areas, and through the use of technology. 

6 (C) Information reported to State agencies 

7 with respect to Federal and State programs in8 volving training services (other than the program 

9 carried out under this subtitle), including one10 stop partner programs. 

11 (D) The degree to which the training pro12 grams of such providers relate to in-demand in13 dustry sectors and occupations in the State. 

14 (E) The requirements for State licensing of 

15 providers of training services, and the licensing 

16 status of providers of training services if appli17 cable. 

18 (F) Ways in which the criteria can encour19 age, to the extent practicable, the providers to use 

20 industry-recognized certificates or certifications. 

21 (G) The ability of the providers to offer pro22 grams that lead to recognized postsecondary cre23 dentials. 

24 (H) The quality of a program of training 

25 services, including a program of training serv-
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1 ices that leads to a recognized postsecondary cre2 dential. 

3 (I) The ability of the providers to provide 

4 training services to individuals who are em5 ployed and individuals with barriers to employ6 ment. 

7 (J) Such other factors as the Governor de8 termines are appropriate to ensure— 

9 (i) the accountability of the providers; 

10 (ii) that the one-stop centers in the 

11 State will ensure that such providers meet 

12 the needs of local employers and partici13 pants; 

14 (iii) the informed choice of partici15 pants among training services providers; 

16 and 

17 (iv) that the collection of information 

18 required to demonstrate compliance with the 

19 criteria is not unduly burdensome or costly 

20 to providers. 

21 (2) STATE INFORMATION REQUIREMENTS.—The 

22 information requirements established by the Governor 

23 shall require that a provider of training services sub24 mit appropriate, accurate, and timely information to 

25 the State, to enable the State to carry out subsection 
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1 (d), with respect to participants receiving training 

2 services under this subtitle in the applicable program, 

3 including— 

4 (A) information on the performance of the 

5 provider with respect to the performance ac6 countability measures described in section 116 

7 for such participants (taking into consideration 

8 the characteristics of the population served and 

9 relevant economic conditions), and information 

10 specifying the percentage of such participants 

11 who entered unsubsidized employment in an oc12 cupation related to the program, to the extent 

13 practicable; 

14 (B) information on recognized postsec15 ondary credentials received by such participants; 

16 (C) information on cost of attendance, in17 cluding costs of tuition and fees, for participants 

18 in the program; 

19 (D) information on the program completion 

20 rate for such participants; and 

21 (E) information on the criteria described in 

22 paragraph (1). 

23 (3) LOCAL CRITERIA AND INFORMATION RE24 QUIREMENTS.—A local board in the State may estab25 lish criteria and information requirements in addi-
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1 tion to the criteria and information requirements es2 tablished by the Governor, or may require higher lev3 els of performance than required for the criteria estab4 lished by the Governor, for purposes of determining 

5 the eligibility of providers of training services to re6 ceive funds described in subsection (a) for the provi7 sion of training services in the local area involved. 

8 (4) CRITERIA AND INFORMATION REQUIREMENTS

9 TO ESTABLISH INITIAL ELIGIBILITY.— 

10 (A) PURPOSE.—The purpose of this para11 graph is to enable the providers of programs car12 ried out under chapter 3 to offer the highest 

13 quality training services and be responsive to in14 demand and emerging industries by providing 

15 training services for those industries. 

16 (B) INITIAL ELIGIBILITY.—Providers may 

17 seek initial eligibility under this paragraph as 

18 providers of training services and may receive 

19 that initial eligibility for only 1 fiscal year for 

20 a particular program. The criteria and informa21 tion requirements established by the Governor 

22 under this paragraph shall require that a pro23 vider who has not previously been an eligible 

24 provider of training services under this section 

25 (or section 122 of the Workforce Investment Act 
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1 of 1998, as in effect on the day before the date 

2 of enactment of this Act) provide the information 

3 described in subparagraph (C). 

4 (C) INFORMATION.—The provider shall pro5 vide verifiable program-specific performance in6 formation based on criteria established by the 

7 State as described in subparagraph (D) that 

8 supports the provider’s ability to serve partici9 pants under this subtitle. 

10 (D) CRITERIA.—The criteria described in 

11 subparagraph (C) shall include at least— 

12 (i) a factor related to indicators de13 scribed in section 116; 

14 (ii) a factor concerning whether the 

15 provider is in a partnership with business; 

16 (iii) other factors that indicate high17 quality training services, including the fac18 tor described in paragraph (1)(H); and 

19 (iv) a factor concerning alignment of 

20 the training services with in-demand indus21 try sectors and occupations, to the extent 

22 practicable. 

23 (E) PROVISION.—The provider shall provide 

24 the information described in subparagraph (C) 

25 to the Governor and the local board in a manner 
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1 that will permit the Governor and the local 

2 board to make a decision on inclusion of the pro3 vider on the list of eligible providers described in 

4 subsection (d). 

5 (F) LIMITATION.—A provider that receives 

6 initial eligibility under this paragraph for a 

7 program shall be subject to the requirements 

8 under subsection (c) for that program after such 

9 initial eligibility expires. 

10 (c) PROCEDURES.— 

11 (1) APPLICATION PROCEDURES.—The procedures 

12 established under subsection (a) shall identify the ap13 plication process for a provider of training services to 

14 become eligible to receive funds provided under section 

15 133(b) for the provision of training services. The pro16 cedures shall identify the respective roles of the State 

17 and local areas in receiving and reviewing the appli18 cations and in making determinations of such eligi19 bility based on the criteria, information, and proce20 dures established under this section. The procedures 

21 shall also establish a process for a provider of train22 ing services to appeal a denial or termination of eli23 gibility under this section that includes an oppor24 tunity for a hearing and prescribes appropriate time 

25 limits to ensure prompt resolution of the appeal. 
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1 (2) RENEWAL PROCEDURES.—The procedures es2 tablished by the Governor shall also provide for bien3 nial review and renewal of eligibility under this sec4 tion for providers of training services. 

5 (d) LIST AND INFORMATION TO ASSIST PARTICIPANTS

6 IN CHOOSING PROVIDERS.— 

7 (1) IN GENERAL.—In order to facilitate and as8 sist participants in choosing employment and train9 ing activities and in choosing providers of training 

10 services, the Governor shall ensure that an appro11 priate list of providers determined to be eligible under 

12 this section to offer a program in the State (and, as 

13 appropriate, in a local area), accompanied by infor14 mation identifying the recognized postsecondary cre15 dential offered by the provider and other appropriate 

16 information, is prepared. The list shall be provided to 

17 the local boards in the State, and made available to 

18 such participants and to members of the public 

19 through the one-stop delivery system in the State. 

20 (2) ACCOMPANYING INFORMATION.—The accom21 panying information shall— 

22 (A) with respect to providers described in 

23 subparagraphs (A) and (C) of subsection (a)(2), 

24 consist of information provided by such pro-
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1 viders, disaggregated by local areas served, as 

2 applicable, in accordance with subsection (b); 

3 (B) with respect to providers described in 

4 subsection (b)(4), consist of information provided 

5 by such providers in accordance with subsection 

6 (b)(4); and 

7 (C) such other information as the Governor 

8 determines to be appropriate. 

9 (3) AVAILABILITY.—The list and the accom10 panying information shall be made available to such 

11 participants and to members of the public through the 

12 one-stop delivery system in the State, in a manner 

13 that does not reveal personally identifiable informa14 tion about an individual participant. 

15 (4) LIMITATION.—In carrying out the require16 ments of this subsection, no personally identifiable in17 formation regarding a student, including a Social Se18 curity number, student identification number, or 

19 other identifier, may be disclosed without the prior 

20 written consent of the parent or student in compli21 ance with section 444 of the General Education Pro22 visions Act (20 U.S.C. 1232g). 

23 (e) OPPORTUNITY TO SUBMIT COMMENTS.—In estab24 lishing, under this section, criteria, information require25 ments, procedures, and the list of eligible providers de-
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1 scribed in subsection (d), the Governor shall provide an op2 portunity for interested members of the public to make rec3 ommendations and submit comments regarding such cri4 teria, information requirements, procedures, and list. 

5 (f) ENFORCEMENT.— 

6 (1) IN GENERAL.—The procedures established 

7 under this section shall provide the following: 

8 (A) INTENTIONALLY SUPPLYING INAC9 CURATE INFORMATION.—Upon a determination, 

10 by an individual or entity specified in the proce11 dures, that a provider of training services, or in12 dividual providing information on behalf of the 

13 provider, violated this section (or section 122 of 

14 the Workforce Investment Act of 1998, as in ef15 fect on the day before the date of enactment of 

16 this Act) by intentionally supplying inaccurate 

17 information under this section, the eligibility of 

18 such provider to receive funds under chapter 3 

19 shall be terminated for a period of time that is 

20 not less than 2 years. 

21 (B) SUBSTANTIAL VIOLATIONS.—Upon a de22 termination, by an individual or entity specified 

23 in the procedures, that a provider of training 

24 services substantially violated any requirement 

25 under this title (or title I of the Workforce In-
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1 vestment Act of 1998, as in effect on the day be2 fore such date of enactment), the eligibility of 

3 such provider to receive funds under chapter 3 

4 for the program involved shall be terminated for 

5 a period of not less than 2 years. 

6 (C) REPAYMENT.—A provider of training 

7 services whose eligibility is terminated under 

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

9 repayment of funds received under chapter 5 of 

10 subtitle B of title I of the Workforce Investment 

11 Act of 1998, as in effect on the day before such 

12 date of enactment, or chapter 3 of this subtitle 

13 during a period of violation described in such 

14 subparagraph. 

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

16 construed to provide remedies and penalties that sup17 plement, but shall not supplant, civil and criminal 

18 remedies and penalties specified in other provisions of 

19 law. 

20 (g) AGREEMENTS WITH OTHER STATES.—States may 

21 enter into agreements, on a reciprocal basis, to permit eligi22 ble providers of training services to accept individual train23 ing accounts provided in another State. 
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1 (h) ON-THE-JOB TRAINING, CUSTOMIZED TRAINING, 

2 INCUMBENT WORKER TRAINING, AND OTHER TRAINING

3 EXCEPTIONS.— 

4 (1) IN GENERAL.—Providers of on-the-job train5 ing, customized training, incumbent worker training, 

6 internships, and paid or unpaid work experience op7 portunities, or transitional employment shall not be 

8 subject to the requirements of subsections (a) through 

9 (f). 

10 (2) COLLECTION AND DISSEMINATION OF INFOR11 MATION.—A one-stop operator in a local area shall 

12 collect such performance information from providers 

13 of on-the-job training, customized training, incumbent 

14 worker training, internships, paid or unpaid work ex15 perience opportunities, and transitional employment 

16 as the Governor may require, and use the information 

17 to determine whether the providers meet such perform18 ance criteria as the Governor may require. The one19 stop operator shall disseminate information identi20 fying such providers that meet the criteria as eligible 

21 providers, and the performance information, through 

22 the one-stop delivery system. Providers determined to 

23 meet the criteria shall be considered to be identified 

24 as eligible providers of training services. 
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1 (i) TRANSITION PERIOD FOR IMPLEMENTATION.—The 

2 Governor and local boards shall implement the require3 ments of this section not later than 12 months after the date 

4 of enactment of this Act. In order to facilitate early imple5 mentation of this section, the Governor may establish tran6 sition procedures under which providers eligible to provide 

7 training services under chapter 5 of subtitle B of title I 

8 of the Workforce Investment Act of 1998, as such chapter 

9 was in effect on the day before the date of enactment of 

10 this Act, may continue to be eligible to provide such services 

11 until December 31, 2015, or until such earlier date as the 

12 Governor determines to be appropriate. 

13 SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE IN14 VESTMENT ACTIVITIES. 

15 (a) IN GENERAL.—From the funds allocated under sec16 tion 128(b) to a local area, the local board for such area 

17 shall award grants or contracts on a competitive basis to 

18 providers of youth workforce investment activities identified 

19 based on the criteria in the State plan (including such qual20 ity criteria as the Governor shall establish for a training 

21 program that leads to a recognized postsecondary creden22 tial), and taking into consideration the ability of the pro23 viders to meet performance accountability measures based 

24 on primary indicators of performance for the youth pro25 gram as described in section 116(b)(2)(A)(ii)), as described 
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1 in section 102(b)(2)(D)(i)(V), and shall conduct oversight 

2 with respect to such providers. 

3 (b) EXCEPTIONS.—A local board may award grants or 

4 contracts on a sole-source basis if such board determines 

5 there is an insufficient number of eligible providers of youth 

6 workforce investment activities in the local area involved 

7 (such as a rural area) for grants and contracts to be award8 ed on a competitive basis under subsection (a). 

9 CHAPTER 2—YOUTH WORKFORCE 

10 INVESTMENT ACTIVITIES 

11 SEC. 126. GENERAL AUTHORIZATION. 

12 The Secretary shall make an allotment under section 

13 127(b)(1)(C) to each State that meets the requirements of 

14 section 102 or 103 and a grant under section 127(b)(1)(B) 

15 to each outlying area that complies with the requirements 

16 of this title, to assist the State or outlying area, and to 

17 enable the State or outlying area to assist local areas, for 

18 the purpose of providing workforce investment activities for 

19 eligible youth in the State or outlying area and in the local 

20 areas. 

21 SEC. 127. STATE ALLOTMENTS. 

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

23 (1) for each fiscal year for which the amount ap24 propriated under section 136(a) exceeds $925,000,000, 

25 reserve 4 percent of the excess amount to provide 
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1 youth workforce investment activities under section 

2 167 (relating to migrant and seasonal farmworkers); 

3 and 

4 (2) use the remainder of the amount appro5 priated under section 136(a) for a fiscal year to make 

6 allotments and grants in accordance with subsection 

7 (b). 

8 (b) ALLOTMENT AMONG STATES.— 

9 (1) YOUTH WORKFORCE INVESTMENT ACTIVI10 TIES.— 

11 (A) NATIVE AMERICANS.—From the amount 

12 appropriated under section 136(a) for a fiscal 

13 year that is not reserved under subsection (a)(1), 

the Secretary shall reserve not more than 11 14 ⁄2

15 percent of such amount to provide youth work16 force investment activities under section 166 (re17 lating to Native Americans). 

18 (B) OUTLYING AREAS.— 

19 (i) IN GENERAL.—From the amount 

20 appropriated under section 136(a) for each 

21 fiscal year that is not reserved under sub22 section (a)(1) and subparagraph (A), the 

Secretary shall reserve not more than 1 23 ⁄4 of 

24 1 percent of such amount to provide assist25 ance to the outlying areas to carry out 
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1 youth workforce investment activities and 

2 statewide workforce investment activities. 

3 (ii) LIMITATION FOR OUTLYING

4 AREAS.— 

5 (I) COMPETITIVE GRANTS.—The 

6 Secretary shall use funds reserved 

7 under clause (i) to award grants to 

8 outlying areas to carry out youth 

9 workforce investment activities and 

10 statewide workforce investment activi11 ties. 

12 (II) AWARD BASIS.—The Sec13 retary shall award grants pursuant to 

14 subclause (I) on a competitive basis 

15 and pursuant to the recommendations 

16 of experts in the field of employment 

17 and training, working through the Pa18 cific Region Educational Laboratory 

19 in Honolulu, Hawaii. 

20 (III) ADMINISTRATIVE COSTS.— 

21 The Secretary may provide not more 

22 than 5 percent of the funds made 

23 available for grants under subclause (I) 

24 to pay the administrative costs of the 

25 Pacific Region Educational Labora-
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1 tory in Honolulu, Hawaii, regarding 

2 activities assisted under this clause. 

3 (iii) ADDITIONAL REQUIREMENT.—The 

4 provisions of section 501 of Public Law 95– 

5 134 (48 U.S.C. 1469a), permitting the con6 solidation of grants by the outlying areas, 

7 shall not apply to assistance provided to 

8 those areas, including Palau, under this 

9 subparagraph. 

10 (C) STATES.— 

11 (i) IN GENERAL.—From the remainder 

12 of the amount appropriated under section 

13 136(a) for a fiscal year that exists after the 

14 Secretary determines the amounts to be re15 served under subsection (a)(1) and subpara16 graphs (A) and (B), the Secretary shall 

17 make allotments to the States in accordance 

18 with clause (ii) for youth workforce invest19 ment activities and statewide workforce in20 vestment activities. 

21 (ii) FORMULA.—Subject to clauses (iii) 

22 and (iv), of the remainder— 

(I) 331 23 ⁄3 percent shall be allotted 

24 on the basis of the relative number of 

25 unemployed individuals in areas of 
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1 substantial unemployment in each 

2 State, compared to the total number of 

3 unemployed individuals in areas of 

4 substantial unemployment in all 

5 States; 

(II) 331 6 ⁄3 percent shall be allotted 

7 on the basis of the relative excess num8 ber of unemployed individuals in each 

9 State, compared to the total excess 

10 number of unemployed individuals in 

11 all States; and 

(III) 331 12 ⁄3 percent shall be allotted 

13 on the basis of the relative number of 

14 disadvantaged youth in each State, 

15 compared to the total number of dis16 advantaged youth in all States, except 

17 as described in clause (iii). 

18 (iii) CALCULATION.—In determining 

19 an allotment under clause (ii)(III) for any 

20 State in which there is an area that was 

21 designated as a local area as described in 

22 section 107(c)(1)(C), the allotment shall be 

23 based on the higher of— 

24 (I) the number of individuals who 

25 are age 16 through 21 in families with 
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1 an income below the low-income level 

2 in such area; or 

3 (II) the number of disadvantaged 

4 youth in such area. 

5 (iv) MINIMUM AND MAXIMUM PERCENT6 AGES AND MINIMUM ALLOTMENTS.—In 

7 making allotments under this subpara8 graph, the Secretary shall ensure the fol9 lowing: 

10 (I) MINIMUM PERCENTAGE AND

11 ALLOTMENT.—Subject to subclause 

12 (IV), the Secretary shall ensure that no 

13 State shall receive an allotment for a 

14 fiscal year that is less than the greater 

15 of— 

16 (aa) an amount based on 90 

17 percent of the allotment percent18 age of the State for the preceding 

19 fiscal year; or 

20 (bb) 100 percent of the allot21 ments of the State under section 

22 127(b)(1)(C) of the Workforce In23 vestment Act of 1998 (as in effect 

24 on the day before the date of en-
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1 actment of this Act) for fiscal year 

2 2014. 

3 (II) SMALL STATE MINIMUM AL4 LOTMENT.—Subject to subclauses (I), 

5 (III), and (IV), the Secretary shall en6 sure that no State shall receive an al7 lotment under this subparagraph that 

8 is less than the total of— 

(aa) 3 9 ⁄10 of 1 percent of 

10 $1,000,000,000 of the remainder 

11 described in clause (i) for the fis12 cal year; and 

13 (bb) if the remainder de14 scribed in clause (i) for the fiscal 

year exceeds $1,000,000,000, 2 15 ⁄5 of 

16 1 percent of the excess. 

17 (III) MAXIMUM PERCENTAGE.— 

18 Subject to subclause (I), the Secretary 

19 shall ensure that no State shall receive 

20 an allotment percentage for a fiscal 

21 year that is more than 130 percent of 

22 the allotment percentage of the State 

23 for the preceding fiscal year. 

24 (IV) MINIMUM FUNDING.—In any 

25 fiscal year in which the remainder de-
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1 scribed in clause (i) does not exceed 

2 $1,000,000,000, the minimum allot3 ments under subclauses (I) and (II) 

4 shall be calculated by the methodology 

5 specified in section 

6 127(b)(1)(C)(iv)(IV) of the Workforce 

7 Investment Act of 1998 (as in effect on 

8 the day before the date of enactment of 

9 this Act). 

10 (2) DEFINITIONS.—For the purpose of the for11 mula specified in paragraph (1)(C): 

12 (A) ALLOTMENT PERCENTAGE.—The term 

13 ‘‘allotment percentage’’, used with respect to fis14 cal year 2015 or a subsequent fiscal year, means 

15 a percentage of the remainder described in para16 graph (1)(C)(i) that is received through an allot17 ment made under paragraph (1)(C) for the fiscal 

18 year. The term, used with respect to fiscal year 

19 2014, means the percentage of the amount allot20 ted to States under section 127(b)(1)(C) of the 

21 Workforce Investment Act of 1998 (as in effect on 

22 the day before the date of enactment of this Act) 

23 that is received under such section by the State 

24 involved for fiscal year 2014. 
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1 (B) AREA OF SUBSTANTIAL UNEMPLOY2 MENT.—The term ‘‘area of substantial unem3 ployment’’ means any area that is of sufficient 

4 size and scope to sustain a program of workforce 

5 investment activities carried out under this sub6 title and that has an average rate of unemploy7 ment of at least 6.5 percent for the most recent 

8 12 months, as determined by the Secretary. For 

9 purposes of this subparagraph, determinations of 

10 areas of substantial unemployment shall be made 

11 once each fiscal year. 

12 (C) DISADVANTAGED YOUTH.—Subject to 

13 paragraph (3), the term ‘‘disadvantaged youth’’ 

14 means an individual who is age 16 through 21 

15 who received an income, or is a member of a 

16 family that received a total family income, that, 

17 in relation to family size, does not exceed the 

18 higher of— 

19 (i) the poverty line; or 

20 (ii) 70 percent of the lower living 

21 standard income level. 

22 (D) EXCESS NUMBER.—The term ‘‘excess 

23 number’’ means, used with respect to the excess 

24 number of unemployed individuals within a 

25 State, the higher of— 
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1 (i) the number that represents the 

2 number of unemployed individuals in excess 

3 of 4.5 percent of the civilian labor force in 

4 the State; or 

5 (ii) the number that represents the 

6 number of unemployed individuals in excess 

7 of 4.5 percent of the civilian labor force in 

8 areas of substantial unemployment in such 

9 State. 

10 (E) LOW-INCOME LEVEL.—The term ‘‘low11 income level’’ means $7,000 with respect to in12 come in 1969, and for any later year means that 

13 amount that bears the same relationship to 

14 $7,000 as the Consumer Price Index for that 

15 year bears to the Consumer Price Index for 1969, 

16 rounded to the nearest $1,000. 

17 (3) SPECIAL RULE.—For the purpose of the for18 mula specified in paragraph (1)(C), the Secretary 

19 shall, as appropriate and to the extent practicable, ex20 clude college students and members of the Armed 

21 Forces from the determination of the number of dis22 advantaged youth. 

23 (c) REALLOTMENT.— 

24 (1) IN GENERAL.—The Secretary shall, in ac25 cordance with this subsection, reallot to eligible States 
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1 amounts that are made available to States from allot2 ments made under this section or a corresponding 

3 provision of the Workforce Investment Act of 1998 for 

4 youth workforce investment activities and statewide 

5 workforce investment activities (referred to individ6 ually in this subsection as a ‘‘State allotment’’) and 

7 that are available for reallotment. 

8 (2) AMOUNT.—The amount available for reallot9 ment for a program year is equal to the amount by 

10 which the unobligated balance of the State allotment, 

11 at the end of the program year prior to the program 

12 year for which the determination under this para13 graph is made, exceeds 20 percent of such allotment 

14 for the prior program year. 

15 (3) REALLOTMENT.—In making reallotments to 

16 eligible States of amounts available pursuant to para17 graph (2) for a program year, the Secretary shall 

18 allot to each eligible State an amount based on the 

19 relative amount of the State allotment for the pro20 gram year for which the determination is made, as 

21 compared to the total amount of the State allotments 

22 for all eligible States for such program year. 

23 (4) ELIGIBILITY.—For purposes of this sub24 section, an eligible State means a State that does not 

25 have an amount available for reallotment under para-
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† HR 803 EAS 

1 graph (2) for the program year for which the deter2 mination under paragraph (2) is made. 

3 (5) PROCEDURES.—The Governor shall prescribe 

4 uniform procedures for the obligation of funds by 

5 local areas within the State in order to avoid the re6 quirement that funds be made available for reallot7 ment under this subsection. The Governor shall fur8 ther prescribe equitable procedures for making funds 

9 available from the State and local areas in the event 

10 that a State is required to make funds available for 

11 reallotment under this subsection. 

12 SEC. 128. WITHIN STATE ALLOCATIONS. 

13 (a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 

14 (1) IN GENERAL.—The Governor shall reserve 

15 not more than 15 percent of each of the amounts al16 lotted to the State under section 127(b)(1)(C) and 

17 paragraphs (1)(B) and (2)(B) of section 132(b) for a 

18 fiscal year for statewide workforce investment activi19 ties. 

20 (2) USE OF FUNDS.—Regardless of whether the 

21 reserved amounts were allotted under section 

22 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of 

23 section 132(b), the Governor may use the reserved 

24 amounts to carry out statewide activities under sec25 tion 129(b) or statewide employment and training ac-
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1 tivities, for adults or dislocated workers, under section 

2 134(a). 

3 (b) WITHIN STATE ALLOCATIONS.— 

4 (1) METHODS.—The Governor, acting in accord5 ance with the State plan, and after consulting with 

6 chief elected officials and local boards in the local 

7 areas, shall allocate the funds that are allotted to the 

8 State for youth activities and statewide workforce in9 vestment activities under section 127(b)(1)(C) and are 

10 not reserved under subsection (a), in accordance with 

11 paragraph (2) or (3). 

12 (2) FORMULA ALLOCATION.— 

13 (A) YOUTH ACTIVITIES.— 

14 (i) ALLOCATION.—In allocating the 

15 funds described in paragraph (1) to local 

16 areas, a State may allocate— 

(I) 331 17 ⁄3 percent of the funds on 

18 the basis described in section 

19 127(b)(1)(C)(ii)(I); 

(II) 331 20 ⁄3 percent of the funds on 

21 the basis described in section 

22 127(b)(1)(C)(ii)(II); and 

(III) 331 23 ⁄3 percent of the funds on 

24 the basis described in clauses (ii)(III) 

25 and (iii) of section 127(b)(1)(C). 
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1 (ii) MINIMUM PERCENTAGE.—The local 

2 area shall not receive an allocation percent3 age for a fiscal year that is less than 90 

4 percent of the average allocation percentage 

5 of the local area for the 2 preceding fiscal 

6 years. Amounts necessary for increasing 

7 such allocations to local areas to comply 

8 with the preceding sentence shall be ob9 tained by ratably reducing the allocations 

10 to be made to other local areas under this 

11 subparagraph. 

12 (iii) DEFINITION.—In this subpara13 graph, the term ‘‘allocation percentage’’, 

14 used with respect to fiscal year 2015 or a 

15 subsequent fiscal year, means a percentage 

16 of the funds referred to in clause (i), re17 ceived through an allocation made under 

18 this subparagraph, for the fiscal year. The 

19 term, used with respect to fiscal year 2013 

20 or 2014, means a percentage of the funds re21 ferred to in section 128(b)(1) of the Work22 force Investment Act of 1998 (as in effect on 

23 the day before the date of enactment of this 

24 Act), received through an allocation made 

25 under paragraph (2) or (3) of section 
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† HR 803 EAS 

1 128(b) of the Workforce Investment Act of 

2 1998 (as so in effect), for the fiscal year 

3 2013 or 2014, respectively. 

4 (B) APPLICATION.—For purposes of car5 rying out subparagraph (A)— 

6 (i) references in section 127(b) to a 

7 State shall be deemed to be references to a 

8 local area; 

9 (ii) references in section 127(b) to all 

10 States shall be deemed to be references to all 

11 local areas in the State involved; and 

12 (iii) except as described in clause (i), 

13 references in section 127(b)(1) to the term 

14 ‘‘excess number’’ shall be considered to be 

15 references to the term as defined in section 

16 127(b)(2). 

17 (3) YOUTH DISCRETIONARY ALLOCATION.—In 

18 lieu of making the allocation described in paragraph 

19 (2), in allocating the funds described in paragraph 

20 (1) to local areas, a State may distribute— 

21 (A) a portion equal to not less than 70 per22 cent of the funds in accordance with paragraph 

23 (2)(A); and 

24 (B) the remaining portion of the funds on 

25 the basis of a formula that— 
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1 (i) incorporates additional factors 

2 (other than the factors described in para3 graph (2)(A)) relating to— 

4 (I) excess youth poverty in urban, 

5 rural, and suburban local areas; and 

6 (II) excess unemployment above 

7 the State average in urban, rural, and 

8 suburban local areas; and 

9 (ii) was developed by the State board 

10 and approved by the Secretary as part of 

11 the State plan. 

12 (4) LOCAL ADMINISTRATIVE COST LIMIT.— 

13 (A) IN GENERAL.—Of the amount allocated 

14 to a local area under this subsection and section 

15 133(b) for a fiscal year, not more than 10 per16 cent of the amount may be used by the local 

17 board involved for the administrative costs of 

18 carrying out local workforce investment activities 

19 under this chapter or chapter 3. 

20 (B) USE OF FUNDS.—Funds made available 

21 for administrative costs under subparagraph (A) 

22 may be used for the administrative costs of any 

23 of the local workforce investment activities de24 scribed in this chapter or chapter 3, regardless of 
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1 whether the funds were allocated under this sub2 section or section 133(b). 

3 (c) REALLOCATION AMONG LOCAL AREAS.— 

4 (1) IN GENERAL.—The Governor may, in accord5 ance with this subsection and after consultation with 

6 the State board, reallocate to eligible local areas with7 in the State amounts that are made available to local 

8 areas from allocations made under this section or a 

9 corresponding provision of the Workforce Investment 

10 Act of 1998 for youth workforce investment activities 

11 (referred to individually in this subsection as a ‘‘local 

12 allocation’’) and that are available for reallocation. 

13 (2) AMOUNT.—The amount available for re14 allocation for a program year is equal to the amount 

15 by which the unobligated balance of the local alloca16 tion, at the end of the program year prior to the pro17 gram year for which the determination under this 

18 paragraph is made, exceeds 20 percent of such alloca19 tion for the prior program year. 

20 (3) REALLOCATION.—In making reallocations to 

21 eligible local areas of amounts available pursuant to 

22 paragraph (2) for a program year, the Governor shall 

23 allocate to each eligible local area within the State an 

24 amount based on the relative amount of the local allo25 cation for the program year for which the determina-
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1 tion is made, as compared to the total amount of the 

2 local allocations for all eligible local areas in the 

3 State for such program year. 

4 (4) ELIGIBILITY.—For purposes of this sub5 section, an eligible local area means a local area that 

6 does not have an amount available for reallocation 

7 under paragraph (2) for the program year for which 

8 the determination under paragraph (2) is made. 

9 SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVEST10 MENT ACTIVITIES. 

11 (a) YOUTH PARTICIPANT ELIGIBILITY.— 

12 (1) ELIGIBILITY.— 

13 (A) IN GENERAL.—To be eligible to partici14 pate in activities carried out under this chapter 

15 during any program year an individual shall, at 

16 the time the eligibility determination is made, be 

17 an out-of-school youth or an in-school youth. 

18 (B) OUT-OF-SCHOOL YOUTH.—In this title, 

19 the term ‘‘out-of-school youth’’ means an indi20 vidual who is— 

21 (i) not attending any school (as de22 fined under State law); 

23 (ii) not younger than age 16 or older 

24 than age 24; and 

25 (iii) one or more of the following: 
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1 (I) A school dropout. 

2 (II) A youth who is within the 

3 age of compulsory school attendance, 

4 but has not attended school for at least 

5 the most recent complete school year 

6 calendar quarter. 

7 (III) A recipient of a secondary 

8 school diploma or its recognized equiv9 alent who is a low-income individual 

10 and is— 

11 (aa) basic skills deficient; or 

12 (bb) an English language 

13 learner. 

14 (IV) An individual who is subject 

15 to the juvenile or adult justice system. 

16 (V) A homeless individual (as de17 fined in section 41403(6) of the Vio18 lence Against Women Act of 1994 (42 

19 U.S.C. 14043e–2(6))), a homeless child 

20 or youth (as defined in section 725(2) 

21 of the McKinney-Vento Homeless As22 sistance Act (42 U.S.C. 11434a(2))), a 

23 runaway, in foster care or has aged 

24 out of the foster care system, a child el25 igible for assistance under section 477 
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† HR 803 EAS 

1 of the Social Security Act (42 U.S.C. 

2 677), or in an out-of-home placement. 

3 (VI) An individual who is preg4 nant or parenting. 

5 (VII) A youth who is an indi6 vidual with a disability. 

7 (VIII) A low-income individual 

8 who requires additional assistance to 

9 enter or complete an educational pro10 gram or to secure or hold employment. 

11 (C) IN-SCHOOL YOUTH.—In this section, the 

12 term ‘‘in-school youth’’ means an individual who 

13 is— 

14 (i) attending school (as defined by 

15 State law); 

16 (ii) not younger than age 14 or (unless 

17 an individual with a disability who is at18 tending school under State law) older than 

19 age 21; 

20 (iii) a low-income individual; and 

21 (iv) one or more of the following: 

22 (I) Basic skills deficient. 

23 (II) An English language learner. 

24 (III) An offender. 
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1 (IV) A homeless individual (as de2 fined in section 41403(6) of the Vio3 lence Against Women Act of 1994 (42 

4 U.S.C. 14043e–2(6))), a homeless child 

5 or youth (as defined in section 725(2) 

6 of the McKinney-Vento Homeless As7 sistance Act (42 U.S.C. 11434a(2))), a 

8 runaway, in foster care or has aged 

9 out of the foster care system, a child el10 igible for assistance under section 477 

11 of the Social Security Act (42 U.S.C. 

12 677), or in an out-of-home placement. 

13 (V) Pregnant or parenting. 

14 (VI) A youth who is an indi15 vidual with a disability. 

16 (VII) An individual who requires 

17 additional assistance to complete an 

18 educational program or to secure or 

19 hold employment. 

20 (2) SPECIAL RULE.—For the purpose of this sub21 section, the term ‘‘low-income’’, used with respect to 

22 an individual, also includes a youth living in a high23 poverty area. 

24 (3) EXCEPTION AND LIMITATION.— 
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1 (A) EXCEPTION FOR PERSONS WHO ARE

2 NOT LOW-INCOME INDIVIDUALS.— 

3 (i) DEFINITION.—In this subpara4 graph, the term ‘‘covered individual’’ means 

5 an in-school youth, or an out-of-school 

6 youth who is described in subclause (III) or 

7 (VIII) of paragraph (1)(B)(iii). 

8 (ii) EXCEPTION.—In each local area, 

9 not more than 5 percent of the individuals 

10 assisted under this section may be persons 

11 who would be covered individuals, except 

12 that the persons are not low-income individ13 uals. 

14 (B) LIMITATION.—In each local area, not 

15 more than 5 percent of the in-school youth as16 sisted under this section may be eligible under 

17 paragraph (1) because the youth are in-school 

18 youth described in paragraph (1)(C)(iv)(VII). 

19 (4) OUT-OF-SCHOOL PRIORITY.— 

20 (A) IN GENERAL.—For any program year, 

21 not less than 75 percent of the funds allotted 

22 under section 127(b)(1)(C), reserved under sec23 tion 128(a), and available for statewide activi24 ties under subsection (b), and not less than 75 

25 percent of funds available to local areas under 
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1 subsection (c), shall be used to provide youth 

2 workforce investment activities for out-of-school 

3 youth. 

4 (B) EXCEPTION.—A State that receives a 

5 minimum allotment under section 127(b)(1) in 

6 accordance with section 127(b)(1)(C)(iv) or 

7 under section 132(b)(1) in accordance with sec8 tion 132(b)(1)(B)(iv) may decrease the percent9 age described in subparagraph (A) to not less 

10 than 50 percent for a local area in the State, 

11 if— 

12 (i) after an analysis of the in-school 

13 youth and out-of-school youth populations 

14 in the local area, the State determines that 

15 the local area will be unable to use at least 

16 75 percent of the funds available for activi17 ties under subsection (c) to serve out-of18 school youth due to a low number of out-of19 school youth; and 

20 (ii)(I) the State submits to the Sec21 retary, for the local area, a request includ22 ing a proposed percentage decreased to not 

23 less than 50 percent for purposes of sub24 paragraph (A), and a summary of the anal25 ysis described in clause (i); and 
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† HR 803 EAS 

1 (II) the request is approved by the Sec2 retary. 

3 (5) CONSISTENCY WITH COMPULSORY SCHOOL

4 ATTENDANCE LAWS.—In providing assistance under 

5 this section to an individual who is required to attend 

6 school under applicable State compulsory school at7 tendance laws, the priority in providing such assist8 ance shall be for the individual to attend school regu9 larly. 

10 (b) STATEWIDE ACTIVITIES.— 

11 (1) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 

12 Funds reserved by a Governor as described in sections 

13 128(a) and 133(a)(1) shall be used, regardless of 

14 whether the funds were allotted to the State under sec15 tion 127(b)(1)(C) or under paragraph (1)(B) or 

16 (2)(B) of section 132(b) for statewide activities, which 

17 shall include— 

18 (A) conducting evaluations under section 

19 116(e) of activities authorized under this chapter 

20 and chapter 3 in coordination with evaluations 

21 carried out by the Secretary under section 

22 169(a); 

23 (B) disseminating a list of eligible providers 

24 of youth workforce investment activities, as de25 termined under section 123; 
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1 (C) providing assistance to local areas as 

2 described in subsections (b)(6) and (c)(2) of sec3 tion 106, for local coordination of activities car4 ried out under this title; 

5 (D) operating a fiscal and management ac6 countability information system under section 

7 116(i); 

8 (E) carrying out monitoring and oversight 

9 of activities carried out under this chapter and 

10 chapter 3, which may include a review com11 paring the services provided to male and female 

12 youth; and 

13 (F) providing additional assistance to local 

14 areas that have high concentrations of eligible 

15 youth. 

16 (2) ALLOWABLE STATEWIDE YOUTH ACTIVI17 TIES.—Funds reserved by a Governor as described in 

18 sections 128(a) and 133(a)(1) may be used, regardless 

19 of whether the funds were allotted to the State under 

20 section 127(b)(1)(C) or under paragraph (1)(B) or 

21 (2)(B) of section 132(b), for statewide activities, 

22 which may include— 

23 (A) conducting— 
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1 (i) research related to meeting the edu2 cation and employment needs of eligible 

3 youth; and 

4 (ii) demonstration projects related to 

5 meeting the education and employment 

6 needs of eligible youth; 

7 (B) supporting the development of alter8 native, evidence-based programs and other ac9 tivities that enhance the choices available to eli10 gible youth and encourage such youth to reenter 

11 and complete secondary education, enroll in 

12 postsecondary education and advanced training, 

13 progress through a career pathway, and enter 

14 into unsubsidized employment that leads to eco15 nomic self-sufficiency; 

16 (C) supporting the provision of career serv17 ices described in section 134(c)(2) in the one-stop 

18 delivery system in the State; 

19 (D) supporting financial literacy, includ20 ing— 

21 (i) supporting the ability of partici22 pants to create household budgets, initiate 

23 savings plans, and make informed financial 

24 decisions about education, retirement, home 
224 

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1 ownership, wealth building, or other savings 

2 goals; 

3 (ii) supporting the ability to manage 

4 spending, credit, and debt, including credit 

5 card debt, effectively; 

6 (iii) increasing awareness of the avail7 ability and significance of credit reports 

8 and credit scores in obtaining credit, in9 cluding determining their accuracy (and 

10 how to correct inaccuracies in the reports 

11 and scores), and their effect on credit terms; 

12 (iv) supporting the ability to under13 stand, evaluate, and compare financial 

14 products, services, and opportunities; and 

15 (v) supporting activities that address 

16 the particular financial literacy needs of 

17 non-English speakers, including providing 

18 the support through the development and 

19 distribution of multilingual financial lit20 eracy and education materials; and 

21 (E) providing technical assistance to, as ap22 propriate, local boards, chief elected officials, 

23 one-stop operators, one-stop partners, and eligi24 ble providers, in local areas, which provision of 

25 technical assistance shall include the develop-
225 

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1 ment and training of staff, the development of 

2 exemplary program activities, the provision of 

3 technical assistance to local areas that fail to 

4 meet local performance accountability measures 

5 described in section 116(c), and the provision of 

6 technology to facilitate remote access to services 

7 provided through the one-stop delivery system in 

8 the State. 

9 (3) LIMITATION.—Not more than 5 percent of the 

10 funds allotted to a State under section 127(b)(1)(C) 

11 shall be used by the State for administrative activities 

12 carried out under this subsection or section 134(a). 

13 (c) LOCAL ELEMENTS AND REQUIREMENTS.— 

14 (1) PROGRAM DESIGN.—Funds allocated to a 

15 local area for eligible youth under section 128(b) shall 

16 be used to carry out, for eligible youth, programs 

17 that— 

18 (A) provide an objective assessment of the 

19 academic levels, skill levels, and service needs of 

20 each participant, which assessment shall include 

21 a review of basic skills, occupational skills, prior 

22 work experience, employability, interests, apti23 tudes (including interests and aptitudes for non24 traditional jobs), supportive service needs, and 

25 developmental needs of such participant, for the 
226 

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1 purpose of identifying appropriate services and 

2 career pathways for participants, except that a 

3 new assessment of a participant is not required 

4 if the provider carrying out such a program de5 termines it is appropriate to use a recent assess6 ment of the participant conducted pursuant to 

7 another education or training program; 

8 (B) develop service strategies for each par9 ticipant that are directly linked to 1 or more of 

10 the indicators of performance described in sec11 tion 116(b)(2)(A)(ii), and that shall identify ca12 reer pathways that include education and em13 ployment goals (including, in appropriate cir14 cumstances, nontraditional employment), appro15 priate achievement objectives, and appropriate 

16 services for the participant taking into account 

17 the assessment conducted pursuant to subpara18 graph (A), except that a new service strategy for 

19 a participant is not required if the provider car20 rying out such a program determines it is ap21 propriate to use a recent service strategy devel22 oped for the participant under another education 

23 or training program; 

24 (C) provide— 
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1 (i) activities leading to the attainment 

2 of a secondary school diploma or its recog3 nized equivalent, or a recognized postsec4 ondary credential; 

5 (ii) preparation for postsecondary edu6 cational and training opportunities; 

7 (iii) strong linkages between academic 

8 instruction (based on State academic con9 tent and student academic achievement 

10 standards established under section 1111 of 

11 the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 6311)) and occupa13 tional education that lead to the attainment 

14 of recognized postsecondary credentials; 

15 (iv) preparation for unsubsidized em16 ployment opportunities, in appropriate 

17 cases; and 

18 (v) effective connections to employers, 

19 including small employers, in in-demand 

20 industry sectors and occupations of the local 

21 and regional labor markets; and 

22 (D) at the discretion of the local board, im23 plement a pay-for-performance contract strategy 

24 for elements described in paragraph (2), for 

25 which the local board may reserve and use not 
228 

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1 more than 10 percent of the total funds allocated 

2 to the local area under section 128(b). 

3 (2) PROGRAM ELEMENTS.—In order to support 

4 the attainment of a secondary school diploma or its 

5 recognized equivalent, entry into postsecondary edu6 cation, and career readiness for participants, the pro7 grams described in paragraph (1) shall provide ele8 ments consisting of— 

9 (A) tutoring, study skills training, instruc10 tion, and evidence-based dropout prevention and 

11 recovery strategies that lead to completion of the 

12 requirements for a secondary school diploma or 

13 its recognized equivalent (including a recognized 

14 certificate of attendance or similar document for 

15 individuals with disabilities) or for a recognized 

16 postsecondary credential; 

17 (B) alternative secondary school services, or 

18 dropout recovery services, as appropriate; 

19 (C) paid and unpaid work experiences that 

20 have as a component academic and occupational 

21 education, which may include— 

22 (i) summer employment opportunities 

23 and other employment opportunities avail24 able throughout the school year; 

25 (ii) pre-apprenticeship programs; 
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1 (iii) internships and job shadowing; 

2 and 

3 (iv) on-the-job training opportunities; 

4 (D) occupational skill training, which shall 

5 include priority consideration for training pro6 grams that lead to recognized postsecondary cre7 dentials that are aligned with in-demand indus8 try sectors or occupations in the local area in9 volved, if the local board determines that the pro10 grams meet the quality criteria described in sec11 tion 123; 

12 (E) education offered concurrently with and 

13 in the same context as workforce preparation ac14 tivities and training for a specific occupation or 

15 occupational cluster; 

16 (F) leadership development opportunities, 

17 which may include community service and peer18 centered activities encouraging responsibility 

19 and other positive social and civic behaviors, as 

20 appropriate; 

21 (G) supportive services; 

22 (H) adult mentoring for the period of par23 ticipation and a subsequent period, for a total of 

24 not less than 12 months; 
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1 (I) followup services for not less than 12 

2 months after the completion of participation, as 

3 appropriate; 

4 (J) comprehensive guidance and counseling, 

5 which may include drug and alcohol abuse coun6 seling and referral, as appropriate; 

7 (K) financial literacy education; 

8 (L) entrepreneurial skills training; 

9 (M) services that provide labor market and 

10 employment information about in-demand in11 dustry sectors or occupations available in the 

12 local area, such as career awareness, career coun13 seling, and career exploration services; and 

14 (N) activities that help youth prepare for 

15 and transition to postsecondary education and 

16 training. 

17 (3) ADDITIONAL REQUIREMENTS.— 

18 (A) INFORMATION AND REFERRALS.—Each 

19 local board shall ensure that each participant 

20 shall be provided— 

21 (i) information on the full array of ap22 plicable or appropriate services that are 

23 available through the local board or other el24 igible providers or one-stop partners, in-
231 

† HR 803 EAS 

1 cluding those providers or partners receiv2 ing funds under this subtitle; and 

3 (ii) referral to appropriate training 

4 and educational programs that have the ca5 pacity to serve the participant either on a 

6 sequential or concurrent basis. 

7 (B) APPLICANTS NOT MEETING ENROLL8 MENT REQUIREMENTS.—Each eligible provider of 

9 a program of youth workforce investment activi10 ties shall ensure that an eligible applicant who 

11 does not meet the enrollment requirements of the 

12 particular program or who cannot be served 

13 shall be referred for further assessment, as nec14 essary, and referred to appropriate programs in 

15 accordance with subparagraph (A) to meet the 

16 basic skills and training needs of the applicant. 

17 (C) INVOLVEMENT IN DESIGN AND IMPLE18 MENTATION.—The local board shall ensure that 

19 parents, participants, and other members of the 

20 community with experience relating to programs 

21 for youth are involved in the design and imple22 mentation of the programs described in para23 graph (1). 

24 (4) PRIORITY.—Not less than 20 percent of the 

25 funds allocated to the local area as described in para-
232 

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1 graph (1) shall be used to provide in-school youth and 

2 out-of-school youth with activities under paragraph 

3 (2)(C). 

4 (5) RULE OF CONSTRUCTION.—Nothing in this 

5 chapter shall be construed to require that each of the 

6 elements described in subparagraphs of paragraph (2) 

7 be offered by each provider of youth services. 

8 (6) PROHIBITIONS.— 

9 (A) PROHIBITION AGAINST FEDERAL CON10 TROL OF EDUCATION.—No provision of this Act 

11 shall be construed to authorize any department, 

12 agency, officer, or employee of the United States 

13 to exercise any direction, supervision, or control 

14 over the curriculum, program of instruction, ad15 ministration, or personnel of any educational in16 stitution, school, or school system, or over the se17 lection of library resources, textbooks, or other 

18 printed or published instructional materials by 

19 any educational institution, school, or school sys20 tem. 

21 (B) NONINTERFERENCE AND NONREPLACE22 MENT OF REGULAR ACADEMIC REQUIREMENTS.— 

23 No funds described in paragraph (1) shall be 

24 used to provide an activity for eligible youth who 

25 are not school dropouts if participation in the 
233 

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1 activity would interfere with or replace the reg2 ular academic requirements of the youth. 

3 (7) LINKAGES.—In coordinating the programs 

4 authorized under this section, local boards shall estab5 lish linkages with local educational agencies respon6 sible for services to participants as appropriate. 

7 (8) VOLUNTEERS.—The local board shall make 

8 opportunities available for individuals who have suc9 cessfully participated in programs carried out under 

10 this section to volunteer assistance to participants in 

11 the form of mentoring, tutoring, and other activities. 

12 CHAPTER 3—ADULT AND DISLOCATED 

13 WORKER EMPLOYMENT AND TRAINING 

14 ACTIVITIES 

15 SEC. 131. GENERAL AUTHORIZATION. 

16 The Secretary shall make allotments under paragraphs 

17 (1)(B) and (2)(B) of section 132(b) to each State that meets 

18 the requirements of section 102 or 103 and grants under 

19 paragraphs (1)(A) and (2)(A) of section 132(b) to each out20 lying area that complies with the requirements of this title, 

21 to assist the State or outlying area, and to enable the State 

22 or outlying area to assist local areas, for the purpose of 

23 providing workforce investment activities for adults, and 

24 dislocated workers, in the State or outlying area and in 

25 the local areas. 
234 

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1 SEC. 132. STATE ALLOTMENTS. 

2 (a) IN GENERAL.—The Secretary shall— 

3 (1) make allotments and grants from the amount 

4 appropriated under section 136(b) for a fiscal year in 

5 accordance with subsection (b)(1); and 

6 (2)(A) reserve 20 percent of the amount appro7 priated under section 136(c) for the fiscal year for use 

8 under subsection (b)(2)(A), and under sections 168(b) 

9 (relating to dislocated worker technical assistance), 

10 169(c) (relating to dislocated worker projects), and 

11 170 (relating to national dislocated worker grants); 

12 and 

13 (B) make allotments from 80 percent of the 

14 amount appropriated under section 136(c) for the fis15 cal year in accordance with subsection (b)(2)(B). 

16 (b) ALLOTMENT AMONG STATES.— 

17 (1) ADULT EMPLOYMENT AND TRAINING ACTIVI18 TIES.— 

19 (A) RESERVATION FOR OUTLYING AREAS.— 

20 (i) IN GENERAL.—From the amount 

21 made available under subsection (a)(1) for a 

22 fiscal year, the Secretary shall reserve not 

more than 1 23 ⁄4 of 1 percent of such amount 

24 to provide assistance to the outlying areas. 

25 (ii) APPLICABILITY OF ADDITIONAL RE26 QUIREMENTS.—From the amount reserved 
235 

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1 under clause (i), the Secretary shall provide 

2 assistance to the outlying areas for adult 

3 employment and training activities and 

4 statewide workforce investment activities in 

5 accordance with the requirements of section 

6 127(b)(1)(B). 

7 (B) STATES.— 

8 (i) IN GENERAL.—After determining 

9 the amount to be reserved under subpara10 graph (A), the Secretary shall allot the re11 mainder of the amount made available 

12 under subsection (a)(1) for that fiscal year 

13 to the States pursuant to clause (ii) for 

14 adult employment and training activities 

15 and statewide workforce investment activi16 ties. 

17 (ii) FORMULA.—Subject to clauses (iii) 

18 and (iv), of the remainder— 

(I) 331 19 ⁄3 percent shall be allotted 

20 on the basis of the relative number of 

21 unemployed individuals in areas of 

22 substantial unemployment in each 

23 State, compared to the total number of 

24 unemployed individuals in areas of 
236 

† HR 803 EAS 

1 substantial unemployment in all 

2 States; 

(II) 331 3 ⁄3 percent shall be allotted 

4 on the basis of the relative excess num5 ber of unemployed individuals in each 

6 State, compared to the total excess 

7 number of unemployed individuals in 

8 all States; and 

(III) 331 9 ⁄3 percent shall be allotted 

10 on the basis of the relative number of 

11 disadvantaged adults in each State, 

12 compared to the total number of dis13 advantaged adults in all States, except 

14 as described in clause (iii). 

15 (iii) CALCULATION.—In determining 

16 an allotment under clause (ii)(III) for any 

17 State in which there is an area that was 

18 designated as a local area as described in 

19 section 107(c)(1)(C), the allotment shall be 

20 based on the higher of— 

21 (I) the number of adults in fami22 lies with an income below the low-in23 come level in such area; or 

24 (II) the number of disadvantaged 

25 adults in such area. 
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1 (iv) MINIMUM AND MAXIMUM PERCENT2 AGES AND MINIMUM ALLOTMENTS.—In 

3 making allotments under this subpara4 graph, the Secretary shall ensure the fol5 lowing: 

6 (I) MINIMUM PERCENTAGE AND

7 ALLOTMENT.—Subject to subclause 

8 (IV), the Secretary shall ensure that no 

9 State shall receive an allotment for a 

10 fiscal year that is an amount based on 

11 90 percent of the allotment percentage 

12 of the State for the preceding fiscal 

13 year. 

14 (II) SMALL STATE MINIMUM AL15 LOTMENT.—Subject to subclauses (I), 

16 (III), and (IV), the Secretary shall en17 sure that no State shall receive an al18 lotment under this subparagraph that 

19 is less than the total of— 

(aa) 3 20 ⁄10 of 1 percent of 

21 $960,000,000 of the remainder de22 scribed in clause (i) for the fiscal 

23 year; and 

24 (bb) if the remainder de25 scribed in clause (i) for the fiscal 
238 

† HR 803 EAS 

year exceeds $960,000,000, 2 1 ⁄5 of 1 

2 percent of the excess. 

3 (III) MAXIMUM PERCENTAGE.— 

4 Subject to subclause (I), the Secretary 

5 shall ensure that no State shall receive 

6 an allotment percentage for a fiscal 

7 year that is more than 130 percent of 

8 the allotment percentage of the State 

9 for the preceding fiscal year. 

10 (IV) MINIMUM FUNDING.—In any 

11 fiscal year in which the remainder de12 scribed in clause (i) does not exceed 

13 $960,000,000, the minimum allotments 

14 under subclauses (I) and (II) shall be 

15 calculated by the methodology specified 

16 in section 132(b)(1)(B)(iv)(IV) of the 

17 Workforce Investment Act of 1998 (as 

18 in effect on the day before the date of 

19 enactment of this Act). 

20 (v) DEFINITIONS.—For the purpose of 

21 the formula specified in this subparagraph: 

22 (I) ADULT.—The term ‘‘adult’’ 

23 means an individual who is not less 

24 than age 22 and not more than age 72. 
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† HR 803 EAS 

1 (II) ALLOTMENT PERCENTAGE.— 

2 The term ‘‘allotment percentage’’, used 

3 with respect to fiscal year 2015 or a 

4 subsequent fiscal year, means a per5 centage of the remainder described in 

6 clause (i) that is received through an 

7 allotment made under this subpara8 graph for the fiscal year. The term, 

9 used with respect to fiscal year 2014, 

10 means the percentage of the amount al11 lotted to States under section 

12 132(b)(1)(B) of the Workforce Invest13 ment Act of 1998 (as in effect on the 

14 day before the date of enactment of this 

15 Act) that is received under such section 

16 by the State involved for fiscal year 

17 2014. 

18 (III) AREA OF SUBSTANTIAL UN19 EMPLOYMENT.—The term ‘‘area of sub20 stantial unemployment’’ means any 

21 area that is of sufficient size and scope 

22 to sustain a program of workforce in23 vestment activities carried out under 

24 this subtitle and that has an average 

25 rate of unemployment of at least 6.5 
240 

† HR 803 EAS 

1 percent for the most recent 12 months, 

2 as determined by the Secretary. For 

3 purposes of this subclause, determina4 tions of areas of substantial unemploy5 ment shall be made once each fiscal 

6 year. 

7 (IV) DISADVANTAGED ADULT.— 

8 Subject to subclause (V), the term ‘‘dis9 advantaged adult’’ means an adult 

10 who received an income, or is a mem11 ber of a family that received a total 

12 family income, that, in relation to 

13 family size, does not exceed the higher 

14 of— 

15 (aa) the poverty line; or 

16 (bb) 70 percent of the lower 

17 living standard income level. 

18 (V) DISADVANTAGED ADULT SPE19 CIAL RULE.—The Secretary shall, as 

20 appropriate and to the extent prac21 ticable, exclude college students and 

22 members of the Armed Forces from the 

23 determination of the number of dis24 advantaged adults. 
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1 (VI) EXCESS NUMBER.—The term 

2 ‘‘excess number’’ means, used with re3 spect to the excess number of unem4 ployed individuals within a State, the 

5 higher of— 

6 (aa) the number that rep7 resents the number of unemployed 

8 individuals in excess of 4.5 per9 cent of the civilian labor force in 

10 the State; or 

11 (bb) the number that rep12 resents the number of unemployed 

13 individuals in excess of 4.5 per14 cent of the civilian labor force in 

15 areas of substantial unemploy16 ment in such State. 

17 (VII) LOW-INCOME LEVEL.—The 

18 term ‘‘low-income level’’ means $7,000 

19 with respect to income in 1969, and for 

20 any later year means that amount that 

21 bears the same relationship to $7,000 

22 as the Consumer Price Index for that 

23 year bears to the Consumer Price 

24 Index for 1969, rounded to the nearest 

25 $1,000. 
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† HR 803 EAS 

1 (2) DISLOCATED WORKER EMPLOYMENT AND

2 TRAINING ACTIVITIES.— 

3 (A) RESERVATION FOR OUTLYING AREAS.— 

4 (i) IN GENERAL.—From the amount 

5 made available under subsection (a)(2)(A) 

6 for a fiscal year, the Secretary shall reserve 

not more than 1 7 ⁄4 of 1 percent of the amount 

8 appropriated under section 136(c) for the 

9 fiscal year to provide assistance to the out10 lying areas. 

11 (ii) APPLICABILITY OF ADDITIONAL RE12 QUIREMENTS.—From the amount reserved 

13 under clause (i), the Secretary shall provide 

14 assistance to the outlying areas for dis15 located worker employment and training 

16 activities and statewide workforce invest17 ment activities in accordance with the re18 quirements of section 127(b)(1)(B). 

19 (B) STATES.— 

20 (i) IN GENERAL.—The Secretary shall 

21 allot the amount referred to in subsection 

22 (a)(2)(B) for a fiscal year to the States pur23 suant to clause (ii) for dislocated worker 

24 employment and training activities and 

25 statewide workforce investment activities. 
243 

† HR 803 EAS 

1 (ii) FORMULA.—Subject to clause (iii), 

2 of the amount— 

(I) 331 3 ⁄3 percent shall be allotted 

4 on the basis of the relative number of 

5 unemployed individuals in each State, 

6 compared to the total number of unem7 ployed individuals in all States; 

(II) 331 8 ⁄3 percent shall be allotted 

9 on the basis of the relative excess num10 ber of unemployed individuals in each 

11 State, compared to the total excess 

12 number of unemployed individuals in 

13 all States; and 

(III) 331 14 ⁄3 percent shall be allotted 

15 on the basis of the relative number of 

16 individuals in each State who have 

17 been unemployed for 15 weeks or more, 

18 compared to the total number of indi19 viduals in all States who have been un20 employed for 15 weeks or more. 

21 (iii) MINIMUM AND MAXIMUM PER22 CENTAGES AND MINIMUM ALLOTMENTS.—In 

23 making allotments under this subpara24 graph, for fiscal year 2016 and each subse-
244 

† HR 803 EAS 

1 quent fiscal year, the Secretary shall ensure 

2 the following: 

3 (I) MINIMUM PERCENTAGE AND

4 ALLOTMENT.—The Secretary shall en5 sure that no State shall receive an al6 lotment for a fiscal year that is an 

7 amount based on 90 percent of the al8 lotment percentage of the State for the 

9 preceding fiscal year. 

10 (II) MAXIMUM PERCENTAGE.— 

11 Subject to subclause (I), the Secretary 

12 shall ensure that no State shall receive 

13 an allotment percentage for a fiscal 

14 year that is more than 130 percent of 

15 the allotment percentage of the State 

16 for the preceding fiscal year. 

17 (iv) DEFINITIONS.—For the purpose of 

18 the formula specified in this subparagraph: 

19 (I) ALLOTMENT PERCENTAGE.— 

20 The term ‘‘allotment percentage’’, used 

21 with respect to fiscal year 2015 or a 

22 subsequent fiscal year, means a per23 centage of the amount described in 

24 clause (i) that is received through an 
245 

† HR 803 EAS 

1 allotment made under this subpara2 graph for the fiscal year. 

3 (II) EXCESS NUMBER.—The term 

4 ‘‘excess number’’ means, used with re5 spect to the excess number of unem6 ployed individuals within a State, the 

7 number that represents the number of 

8 unemployed individuals in excess of 

9 4.5 percent of the civilian labor force 

10 in the State. 

11 (c) REALLOTMENT.— 

12 (1) IN GENERAL.—The Secretary shall, in ac13 cordance with this subsection, reallot to eligible States 

14 amounts that are made available to States from allot15 ments made under this section or a corresponding 

16 provision of the Workforce Investment Act of 1998 for 

17 employment and training activities and statewide 

18 workforce investment activities (referred to individ19 ually in this subsection as a ‘‘State allotment’’) and 

20 that are available for reallotment. 

21 (2) AMOUNT.—The amount available for reallot22 ment for a program year for programs funded under 

23 subsection (b)(1)(B) (relating to adult employment 

24 and training) or for programs funded under sub25 section (b)(2)(B) (relating to dislocated worker em-
246 

† HR 803 EAS 

1 ployment and training) is equal to the amount by 

2 which the unobligated balance of the State allotments 

3 for adult employment and training activities or dis4 located worker employment and training activities, 

5 respectively, at the end of the program year prior to 

6 the program year for which the determination under 

7 this paragraph is made, exceeds 20 percent of such al8 lotments for the prior program year. 

9 (3) REALLOTMENT.—In making reallotments to 

10 eligible States of amounts available pursuant to para11 graph (2) for a program year, the Secretary shall 

12 allot to each eligible State an amount based on the 

13 relative amount of the State allotment under para14 graph (1)(B) or (2)(B), respectively, of subsection (b) 

15 for the program year for which the determination is 

16 made, as compared to the total amount of the State 

17 allotments under paragraph (1)(B) or (2)(B), respec18 tively, of subsection (b) for all eligible States for such 

19 program year. 

20 (4) ELIGIBILITY.—For purposes of this sub21 section, an eligible State means— 

22 (A) with respect to funds allotted through a 

23 State allotment for adult employment and train24 ing activities, a State that does not have an 

25 amount of such funds available for reallotment 
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1 under paragraph (2) for the program year for 

2 which the determination under paragraph (2) is 

3 made; and 

4 (B) with respect to funds allotted through a 

5 State allotment for dislocated worker employ6 ment and training activities, a State that does 

7 not have an amount of such funds available for 

8 reallotment under paragraph (2) for the program 

9 year for which the determination under para10 graph (2) is made. 

11 (5) PROCEDURES.—The Governor shall prescribe 

12 uniform procedures for the obligation of funds by 

13 local areas within the State in order to avoid the re14 quirement that funds be made available for reallot15 ment under this subsection. The Governor shall fur16 ther prescribe equitable procedures for making funds 

17 available from the State and local areas in the event 

18 that a State is required to make funds available for 

19 reallotment under this subsection. 

20 SEC. 133. WITHIN STATE ALLOCATIONS. 

21 (a) RESERVATIONS FOR STATE ACTIVITIES.— 

22 (1) STATEWIDE WORKFORCE INVESTMENT AC23 TIVITIES.—The Governor shall make the reservation 

24 required under section 128(a). 
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1 (2) STATEWIDE RAPID RESPONSE ACTIVITIES.— 

2 The Governor shall reserve not more than 25 percent 

3 of the total amount allotted to the State under section 

4 132(b)(2)(B) for a fiscal year for statewide rapid re5 sponse activities described in section 134(a)(2)(A). 

6 (b) WITHIN STATE ALLOCATION.— 

7 (1) METHODS.—The Governor, acting in accord8 ance with the State plan, and after consulting with 

9 chief elected officials and local boards in the local 

10 areas, shall allocate— 

11 (A) the funds that are allotted to the State 

12 for adult employment and training activities 

13 and statewide workforce investment activities 

14 under section 132(b)(1)(B) and are not reserved 

15 under subsection (a)(1), in accordance with 

16 paragraph (2) or (3); and 

17 (B) the funds that are allotted to the State 

18 for dislocated worker employment and training 

19 activities and statewide workforce investment ac20 tivities under section 132(b)(2)(B) and are not 

21 reserved under paragraph (1) or (2) of subsection 

22 (a), in accordance with paragraph (2). 

23 (2) FORMULA ALLOCATIONS.— 

24 (A) ADULT EMPLOYMENT AND TRAINING AC25 TIVITIES.— 
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1 (i) ALLOCATION.—In allocating the 

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

3 areas, a State may allocate— 

(I) 331 4 ⁄3 percent of the funds on 

5 the basis described in section 

6 132(b)(1)(B)(ii)(I); 

(II) 331 7 ⁄3 percent of the funds on 

8 the basis described in section 

9 132(b)(1)(B)(ii)(II); and 

(III) 331 10 ⁄3 percent of the funds on 

11 the basis described in clauses (ii)(III) 

12 and (iii) of section 132(b)(1)(B). 

13 (ii) MINIMUM PERCENTAGE.—The local 

14 area shall not receive an allocation percent15 age for a fiscal year that is less than 90 

16 percent of the average allocation percentage 

17 of the local area for the 2 preceding fiscal 

18 years. Amounts necessary for increasing 

19 such allocations to local areas to comply 

20 with the preceding sentence shall be ob21 tained by ratably reducing the allocations 

22 to be made to other local areas under this 

23 subparagraph. 

24 (iii) DEFINITION.—In this subpara25 graph, the term ‘‘allocation percentage’’, 
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1 used with respect to fiscal year 2015 or a 

2 subsequent fiscal year, means a percentage 

3 of the funds referred to in clause (i), re4 ceived through an allocation made under 

5 this subparagraph, for the fiscal year. The 

6 term, used with respect to fiscal year 2013 

7 or 2014, means a percentage of the amount 

8 allocated to local areas under paragraphs 

9 (2)(A) and (3) of section 133(b) of the 

10 Workforce Investment Act of 1998 (as in ef11 fect on the day before the date of enactment 

12 of this Act), received through an allocation 

13 made under paragraph (2)(A) or (3) of that 

14 section for fiscal year 2013 or 2014, respec15 tively. 

16 (B) DISLOCATED WORKER EMPLOYMENT

17 AND TRAINING ACTIVITIES.— 

18 (i) ALLOCATION.—In allocating the 

19 funds described in paragraph (1)(B) to 

20 local areas, a State shall allocate the funds 

21 based on an allocation formula prescribed 

22 by the Governor of the State. Such formula 

23 may be amended by the Governor not more 

24 than once for each program year. Such for25 mula shall utilize the most appropriate in-
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1 formation available to the Governor to dis2 tribute amounts to address the State’s work3 er readjustment assistance needs. 

4 (ii) INFORMATION.—The information 

5 described in clause (i) shall include insured 

6 unemployment data, unemployment con7 centrations, plant closing and mass layoff 

8 data, declining industries data, farmer9 rancher economic hardship data, and long10 term unemployment data. 

11 (iii) MINIMUM PERCENTAGE.—The 

12 local area shall not receive an allocation 

13 percentage for fiscal year 2016 or a subse14 quent fiscal year that is less than 90 per15 cent of the average allocation percentage of 

16 the local area for the 2 preceding fiscal 

17 years. Amounts necessary for increasing 

18 such allocations to local areas to comply 

19 with the preceding sentence shall be ob20 tained by ratably reducing the allocations 

21 to be made to other local areas under this 

22 subparagraph. 

23 (iv) DEFINITION.—In this subpara24 graph, the term ‘‘allocation percentage’’, 

25 used with respect to fiscal year 2015 or a 
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1 subsequent fiscal year, means a percentage 

2 of the funds referred to in clause (i), re3 ceived through an allocation made under 

4 this subparagraph for the fiscal year. The 

5 term, used with respect to fiscal year 2014, 

6 means a percentage of the amount allocated 

7 to local areas under section 133(b)(2)(B) of 

8 the Workforce Investment Act of 1998 (as in 

9 effect on the day before the date of enact10 ment of this Act), received through an allo11 cation made under that section for fiscal 

12 year 2014. 

13 (C) APPLICATION.—For purposes of car14 rying out subparagraph (A)— 

15 (i) references in section 132(b) to a 

16 State shall be deemed to be references to a 

17 local area; 

18 (ii) references in section 132(b) to all 

19 States shall be deemed to be references to all 

20 local areas in the State involved; and 

21 (iii) except as described in clause (i), 

22 references in section 132(b)(1) to the term 

23 ‘‘excess number’’ shall be considered to be 

24 references to the term as defined in section 

25 132(b)(1). 
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1 (3) ADULT EMPLOYMENT AND TRAINING DISCRE2 TIONARY ALLOCATIONS.—In lieu of making the alloca3 tion described in paragraph (2)(A), in allocating the 

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

5 State may distribute— 

6 (A) a portion equal to not less than 70 per7 cent of the funds in accordance with paragraph 

8 (2)(A); and 

9 (B) the remaining portion of the funds on 

10 the basis of a formula that— 

11 (i) incorporates additional factors 

12 (other than the factors described in para13 graph (2)(A)) relating to— 

14 (I) excess poverty in urban, rural, 

15 and suburban local areas; and 

16 (II) excess unemployment above 

17 the State average in urban, rural, and 

18 suburban local areas; and 

19 (ii) was developed by the State board 

20 and approved by the Secretary as part of 

21 the State plan. 

22 (4) TRANSFER AUTHORITY.—A local board may 

23 transfer, if such a transfer is approved by the Gov24 ernor, up to and including 100 percent of the funds 

25 allocated to the local area under paragraph (2)(A) or 
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1 (3), and up to and including 100 percent of the funds 

2 allocated to the local area under paragraph (2)(B), 

3 for a fiscal year between— 

4 (A) adult employment and training activi5 ties; and 

6 (B) dislocated worker employment and 

7 training activities. 

8 (5) ALLOCATION.— 

9 (A) IN GENERAL.—The Governor shall allo10 cate the funds described in paragraph (1) to 

11 local areas under paragraphs (2) and (3) for the 

12 purpose of providing a single system of employ13 ment and training activities for adults and dis14 located workers in accordance with subsections 

15 (c) and (d) of section 134. 

16 (B) ADDITIONAL REQUIREMENTS.— 

17 (i) ADULTS.—Funds allocated under 

18 paragraph (2)(A) or (3) shall be used by a 

19 local area to contribute to the costs of the 

20 one-stop delivery system described in section 

21 121(e) as determined under section 121(h) 

22 and to pay for employment and training 

23 activities provided to adults in the local 

24 area, consistent with section 134. 
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1 (ii) DISLOCATED WORKERS.—Funds 

2 allocated under paragraph (2)(B) shall be 

3 used by a local area to contribute to the 

4 costs of the one-stop delivery system de5 scribed in section 121(e) as determined 

6 under section 121(h) and to pay for em7 ployment and training activities provided 

8 to dislocated workers in the local area, con9 sistent with section 134. 

10 (c) REALLOCATION AMONG LOCAL AREAS.— 

11 (1) IN GENERAL.—The Governor may, in accord12 ance with this subsection and after consultation with 

13 the State board, reallocate to eligible local areas with14 in the State amounts that are made available to local 

15 areas from allocations made under paragraph (2)(A) 

16 or (3) of subsection (b) or a corresponding provision 

17 of the Workforce Investment Act of 1998 for adult em18 ployment and training activities, or under subsection 

19 (b)(2)(B) or a corresponding provision of the Work20 force Investment Act of 1998 for dislocated worker 

21 employment and training activities (referred to indi22 vidually in this subsection as a ‘‘local allocation’’) 

23 and that are available for reallocation. 

24 (2) AMOUNT.—The amount available for re25 allocation for a program year— 
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1 (A) for adult employment and training ac2 tivities is equal to the amount by which the un3 obligated balance of the local allocation under 

4 paragraph (2)(A) or (3) of subsection (b) for 

5 such activities, at the end of the program year 

6 prior to the program year for which the deter7 mination under this subparagraph is made, ex8 ceeds 20 percent of such allocation for the prior 

9 program year; and 

10 (B) for dislocated worker employment and 

11 training activities is equal to the amount by 

12 which the unobligated balance of the local alloca13 tion under subsection (b)(2)(B) for such activi14 ties, at the end of the program year prior to the 

15 program year for which the determination under 

16 this subparagraph is made, exceeds 20 percent of 

17 such allocation for the prior program year. 

18 (3) REALLOCATION.—In making reallocations to 

19 eligible local areas of amounts available pursuant to 

20 paragraph (2) for a program year, the Governor shall 

21 allocate to each eligible local area within the State— 

22 (A) with respect to such available amounts 

23 that were allocated under paragraph (2)(A) or 

24 (3) of subsection (b), an amount based on the rel25 ative amount of the local allocation under para-
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1 graph (2)(A) or (3) of subsection (b), as appro2 priate, for the program year for which the deter3 mination is made, as compared to the total 

4 amount of the local allocations under paragraph 

5 (2)(A) or (3) of subsection (b), as appropriate, 

6 for all eligible local areas in the State for such 

7 program year; and 

8 (B) with respect to such available amounts 

9 that were allocated under subsection (b)(2)(B), 

10 an amount based on the relative amount of the 

11 local allocation under subsection (b)(2)(B) for 

12 the program year for which the determination is 

13 made, as compared to the total amount of the 

14 local allocations under subsection (b)(2)(B) for 

15 all eligible local areas in the State for such pro16 gram year. 

17 (4) ELIGIBILITY.—For purposes of this sub18 section, an eligible local area means— 

19 (A) with respect to funds allocated through 

20 a local allocation for adult employment and 

21 training activities, a local area that does not 

22 have an amount of such funds available for re23 allocation under paragraph (2) for the program 

24 year for which the determination under para25 graph (2) is made; and 
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1 (B) with respect to funds allocated through 

2 a local allocation for dislocated worker employ3 ment and training activities, a local area that 

4 does not have an amount of such funds available 

5 for reallocation under paragraph (2) for the pro6 gram year for which the determination under 

7 paragraph (2) is made. 

8 SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

9 ACTIVITIES. 

10 (a) STATEWIDE EMPLOYMENT AND TRAINING ACTIVI11 TIES.— 

12 (1) IN GENERAL.—Funds reserved by a Gov13 ernor— 

14 (A) as described in section 133(a)(2) shall 

15 be used to carry out the statewide rapid response 

16 activities described in paragraph (2)(A); and 

17 (B) as described in sections 128(a) and 

18 133(a)(1)— 

19 (i) shall be used to carry out the state20 wide employment and training activities 

21 described in paragraph (2)(B); and 

22 (ii) may be used to carry out any of 

23 the statewide employment and training ac24 tivities described in paragraph (3), 
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1 regardless of whether the funds were allotted to 

2 the State under section 127(b)(1) or under para3 graph (1) or (2) of section 132(b). 

4 (2) REQUIRED STATEWIDE EMPLOYMENT AND

5 TRAINING ACTIVITIES.— 

6 (A) STATEWIDE RAPID RESPONSE ACTIVI7 TIES.— 

8 (i) IN GENERAL.—A State shall carry 

9 out statewide rapid response activities using 

10 funds reserved by the Governor for the State 

11 under section 133(a)(2), which activities 

12 shall include— 

13 (I) provision of rapid response ac14 tivities, carried out in local areas by 

15 the State or by an entity designated by 

16 the State, working in conjunction with 

17 the local boards and the chief elected 

18 officials for the local areas; and 

19 (II) provision of additional assist20 ance to local areas that experience dis21 asters, mass layoffs, or plant closings, 

22 or other events that precipitate sub23 stantial increases in the number of un24 employed individuals, carried out in 

25 local areas by the State, working in 
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1 conjunction with the local boards and 

2 the chief elected officials for the local 

3 areas. 

4 (ii) USE OF UNOBLIGATED FUNDS.— 

5 Funds reserved by a Governor under section 

6 133(a)(2), and section 133(a)(2) of the 

7 Workforce Investment Act of 1998 (as in ef8 fect on the day before the date of enactment 

9 of this Act), to carry out this subparagraph 

10 that remain unobligated after the first pro11 gram year for which such funds were allot12 ted may be used by the Governor to carry 

13 out statewide activities authorized under 

14 subparagraph (B) or paragraph (3)(A), in 

15 addition to activities under this subpara16 graph. 

17 (B) STATEWIDE EMPLOYMENT AND TRAIN18 ING ACTIVITIES.—Funds reserved by a Governor 

19 under sections 128(a)(1) and 133(a)(1) and not 

20 used under paragraph (1)(A) (regardless of 

21 whether the funds were allotted to the States 

22 under section 127(b)(1)(C) or paragraph (1)(B) 

23 or (2)(B) of section 132(b)) shall be used for 

24 statewide employment and training activities, 

25 including— 
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1 (i) providing assistance to— 

2 (I) State entities and agencies, 

3 local areas, and one-stop partners in 

4 carrying out the activities described in 

5 the State plan, including the coordina6 tion and alignment of data systems 

7 used to carry out the requirements of 

8 this Act; 

9 (II) local areas for carrying out 

10 the regional planning and service de11 livery efforts required under section 

12 106(c); 

13 (III) local areas by providing in14 formation on and support for the effec15 tive development, convening, and im16 plementation of industry or sector 

17 partnerships; and 

18 (IV) local areas, one-stop opera19 tors, one-stop partners, and eligible 

20 providers, including the development 

21 and training of staff, which may in22 clude the development and training of 

23 staff to provide opportunities for indi24 viduals with barriers to employment to 

25 enter in-demand industry sectors or oc-
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1 cupations and nontraditional occupa2 tions, the development of exemplary 

3 program activities, and the provision 

4 of technical assistance to local areas 

5 that fail to meet local performance ac6 countability measures described in sec7 tion 116(c); 

8 (ii) providing assistance to local areas 

9 as described in section 106(b)(6); 

10 (iii) operating a fiscal and manage11 ment accountability information system in 

12 accordance with section 116(i); 

13 (iv) carrying out monitoring and over14 sight of activities carried out under this 

15 chapter and chapter 2; 

16 (v) disseminating— 

17 (I) the State list of eligible pro18 viders of training services, including 

19 eligible providers of nontraditional 

20 training services and eligible providers 

21 of apprenticeship programs described 

22 in section 122(a)(2)(B); 

23 (II) information identifying eligi24 ble providers of on-the-job training, 

25 customized training, incumbent worker 
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1 training, internships, paid or unpaid 

2 work experience opportunities, or tran3 sitional jobs; 

4 (III) information on effective out5 reach to, partnerships with, and serv6 ices for, business; 

7 (IV) information on effective serv8 ice delivery strategies to serve workers 

9 and job seekers; 

10 (V) performance information and 

11 information on the cost of attendance 

12 (including tuition and fees) for par13 ticipants in applicable programs, as 

14 described in subsections (d) and (h) of 

15 section 122; and 

16 (VI) information on physical and 

17 programmatic accessibility, in accord18 ance with section 188, if applicable, 

19 and the Americans with Disabilities 

20 Act of 1990 (42 U.S.C. 12101 et seq.), 

21 for individuals with disabilities; and 

22 (vi) conducting evaluations under sec23 tion 116(e) of activities authorized under 

24 this chapter and chapter 2 in coordination 
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1 with evaluations carried out by the Sec2 retary under section 169(a). 

3 (3) ALLOWABLE STATEWIDE EMPLOYMENT AND

4 TRAINING ACTIVITIES.— 

5 (A) IN GENERAL.—Funds reserved by a 

6 Governor under sections 128(a)(1) and 133(a)(1) 

7 and not used under paragraph (1)(A) or (2)(B) 

8 (regardless of whether the funds were allotted to 

9 the State under section 127(b)(1)(C) or para10 graph (1)(B) or (2)(B) of section 132(b)) may be 

11 used to carry out additional statewide employ12 ment and training activities, which may in13 clude— 

14 (i) implementing innovative programs 

15 and strategies designed to meet the needs of 

16 all employers (including small employers) 

17 in the State, which programs and strategies 

18 may include incumbent worker training 

19 programs, customized training, sectoral and 

20 industry cluster strategies and implementa21 tion of industry or sector partnerships, ca22 reer pathway programs, microenterprise 

23 and entrepreneurial training and support 

24 programs, utilization of effective business 

25 intermediaries, layoff aversion strategies, 
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1 activities to improve linkages between the 

2 one-stop delivery system in the State and 

3 all employers (including small employers) 

4 in the State, and other business services and 

5 strategies that better engage employers in 

6 workforce investment activities and make 

7 the workforce development system more rel8 evant to the needs of State and local busi9 nesses, consistent with the objectives of this 

10 title; 

11 (ii) developing strategies for effectively 

12 serving individuals with barriers to employ13 ment and for coordinating programs and 

14 services among one-stop partners; 

15 (iii) the development or identification 

16 of education and training programs that re17 spond to real-time labor market analysis, 

18 that utilize direct assessment and prior 

19 learning assessment to measure and provide 

20 credit for prior knowledge, skills, com21 petencies, and experiences, that evaluate 

22 such skills and competencies for adapt23 ability, that ensure credits are portable and 

24 stackable for more skilled employment, and 
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1 that accelerate course or credential comple2 tion; 

3 (iv) implementing programs to in4 crease the number of individuals training 

5 for and placed in nontraditional employ6 ment; 

7 (v) carrying out activities to facilitate 

8 remote access to services, including training 

9 services described in subsection (c)(3), pro10 vided through a one-stop delivery system, 

11 including facilitating access through the use 

12 of technology; 

13 (vi) supporting the provision of career 

14 services described in subsection (c)(2) in the 

15 one-stop delivery systems in the State; 

16 (vii) coordinating activities with the 

17 child welfare system to facilitate provision 

18 of services for children and youth who are 

19 eligible for assistance under section 477 of 

20 the Social Security Act (42 U.S.C. 677); 

21 (viii) activities— 

22 (I) to improve coordination of 

23 workforce investment activities with 

24 economic development activities; 
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1 (II) to improve coordination of 

2 employment and training activities 

3 with— 

4 (aa) child support services, 

5 and assistance provided by State 

6 and local agencies carrying out 

7 part D of title IV of the Social Se8 curity Act (42 U.S.C. 651 et seq.); 

9 (bb) cooperative extension 

10 programs carried out by the De11 partment of Agriculture; 

12 (cc) programs carried out in 

13 local areas for individuals with 

14 disabilities, including programs 

15 carried out by State agencies re16 lating to intellectual disabilities 

17 and developmental disabilities, ac18 tivities carried out by Statewide 

19 Independent Living Councils es20 tablished under section 705 of the 

21 Rehabilitation Act of 1973 (29 

22 U.S.C. 796d), programs funded 

23 under part B of chapter 1 of title 

24 VII of such Act (29 U.S.C. 796e et 

25 seq.), and activities carried out by 
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1 centers for independent living, as 

2 defined in section 702 of such Act 

3 (29 U.S.C. 796a); 

4 (dd) adult education and lit5 eracy activities, including those 

6 provided by public libraries; 

7 (ee) activities in the correc8 tions system that assist ex-offend9 ers in reentering the workforce; 

10 and 

11 (ff) financial literacy activi12 ties including those described in 

13 section 129(b)(2)(D); and 

14 (III) consisting of development 

15 and dissemination of workforce and 

16 labor market information; 

17 (ix) conducting research and dem18 onstration projects related to meeting the 

19 employment and education needs of adult 

20 and dislocated workers; 

21 (x) implementing promising services 

22 for workers and businesses, which may in23 clude providing support for education, 

24 training, skill upgrading, and statewide 

25 networking for employees to become work-
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1 place learning advisors and maintain pro2 ficiency in carrying out the activities asso3 ciated with such advising; 

4 (xi) providing incentive grants to local 

5 areas for performance by the local areas on 

6 local performance accountability measures 

7 described in section 116(c); 

8 (xii) adopting, calculating, or commis9 sioning for approval an economic self-suffi10 ciency standard for the State that specifies 

11 the income needs of families, by family size, 

12 the number and ages of children in the fam13 ily, and substate geographical consider14 ations; 

15 (xiii) developing and disseminating 

16 common intake procedures and related 

17 items, including registration processes, ma18 terials, or software; and 

19 (xiv) providing technical assistance to 

20 local areas that are implementing pay-for21 performance contract strategies, which tech22 nical assistance may include providing as23 sistance with data collection, meeting data 

24 entry requirements, identifying levels of per-
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1 formance, and conducting evaluations of 

2 such strategies. 

3 (B) LIMITATION.— 

4 (i) IN GENERAL.—Of the funds allotted 

5 to a State under sections 127(b) and 132(b) 

6 and reserved as described in sections 128(a) 

7 and 133(a)(1) for a fiscal year— 

8 (I) not more than 5 percent of the 

9 amount allotted under section 

10 127(b)(1); 

11 (II) not more than 5 percent of 

12 the amount allotted under section 

13 132(b)(1); and 

14 (III) not more than 5 percent of 

15 the amount allotted under section 

16 132(b)(2), 

17 may be used by the State for the adminis18 tration of statewide youth workforce invest19 ment activities carried out under section 

20 129 and statewide employment and train21 ing activities carried out under this section. 

22 (ii) USE OF FUNDS.—Funds made 

23 available for administrative costs under 

24 clause (i) may be used for the administra25 tive cost of any of the statewide youth work-
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1 force investment activities or statewide em2 ployment and training activities, regardless 

3 of whether the funds were allotted to the 

4 State under section 127(b)(1) or paragraph 

5 (1) or (2) of section 132(b). 

6 (b) LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.— 

7 Funds allocated to a local area for adults under paragraph 

8 (2)(A) or (3), as appropriate, of section 133(b), and funds 

9 allocated to a local area for dislocated workers under section 

10 133(b)(2)(B)— 

11 (1) shall be used to carry out employment and 

12 training activities described in subsection (c) for 

13 adults or dislocated workers, respectively; and 

14 (2) may be used to carry out employment and 

15 training activities described in subsection (d) for 

16 adults or dislocated workers, respectively. 

17 (c) REQUIRED LOCAL EMPLOYMENT AND TRAINING

18 ACTIVITIES.— 

19 (1) IN GENERAL.— 

20 (A) ALLOCATED FUNDS.—Funds allocated 

21 to a local area for adults under paragraph 

22 (2)(A) or (3), as appropriate, of section 133(b), 

23 and funds allocated to the local area for dis24 located workers under section 133(b)(2)(B), shall 

25 be used— 
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1 (i) to establish a one-stop delivery sys2 tem described in section 121(e); 

3 (ii) to provide the career services de4 scribed in paragraph (2) to adults and dis5 located workers, respectively, through the 

6 one-stop delivery system in accordance with 

7 such paragraph; 

8 (iii) to provide training services de9 scribed in paragraph (3) to adults and dis10 located workers, respectively, described in 

11 such paragraph; 

12 (iv) to establish and develop relation13 ships and networks with large and small 

14 employers and their intermediaries; and 

15 (v) to develop, convene, or implement 

16 industry or sector partnerships. 

17 (B) OTHER FUNDS.—Consistent with sub18 sections (h) and (i) of section 121, a portion of 

19 the funds made available under Federal law au20 thorizing the programs and activities described 

21 in section 121(b)(1)(B), including the Wagner22 Peyser Act (29 U.S.C. 49 et seq.), shall be used 

23 as described in clauses (i) and (ii) of subpara24 graph (A), to the extent not inconsistent with the 

25 Federal law involved. 
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1 (2) CAREER SERVICES.— 

2 (A) SERVICES PROVIDED.—Funds described 

3 in paragraph (1) shall be used to provide career 

4 services, which shall be available to individuals 

5 who are adults or dislocated workers through the 

6 one-stop delivery system and shall, at a min7 imum, include— 

8 (i) determinations of whether the indi9 viduals are eligible to receive assistance 

10 under this subtitle; 

11 (ii) outreach, intake (which may in12 clude worker profiling), and orientation to 

13 the information and other services available 

14 through the one-stop delivery system; 

15 (iii) initial assessment of skill levels 

16 (including literacy, numeracy, and English 

17 language proficiency), aptitudes, abilities 

18 (including skills gaps), and supportive serv19 ice needs; 

20 (iv) labor exchange services, includ21 ing— 

22 (I) job search and placement as23 sistance and, in appropriate cases, ca24 reer counseling, including— 
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1 (aa) provision of information 

2 on in-demand industry sectors 

3 and occupations; and 

4 (bb) provision of information 

5 on nontraditional employment; 

6 and 

7 (II) appropriate recruitment and 

8 other business services on behalf of em9 ployers, including small employers, in 

10 the local area, which services may in11 clude services described in this sub12 section, such as providing information 

13 and referral to specialized business 

14 services not traditionally offered 

15 through the one-stop delivery system; 

16 (v) provision of referrals to and coordi17 nation of activities with other programs 

18 and services, including programs and serv19 ices within the one-stop delivery system 

20 and, in appropriate cases, other workforce 

21 development programs; 

22 (vi) provision of workforce and labor 

23 market employment statistics information, 

24 including the provision of accurate informa-
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1 tion relating to local, regional, and national 

2 labor market areas, including— 

3 (I) job vacancy listings in such 

4 labor market areas; 

5 (II) information on job skills nec6 essary to obtain the jobs described in 

7 subclause (I); and 

8 (III) information relating to local 

9 occupations in demand and the earn10 ings, skill requirements, and opportu11 nities for advancement for such occu12 pations; and 

13 (vii) provision of performance infor14 mation and program cost information on 

15 eligible providers of training services as de16 scribed in section 122, provided by pro17 gram, and eligible providers of youth work18 force investment activities described in sec19 tion 123, providers of adult education de20 scribed in title II, providers of career and 

21 technical education activities at the postsec22 ondary level, and career and technical edu23 cation activities available to school drop24 outs, under the Carl D. Perkins Career and 

25 Technical Education Act of 2006 (20 U.S.C. 
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1 2301 et seq.), and providers of vocational 

2 rehabilitation services described in title I of 

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

4 720 et seq.); 

5 (viii) provision of information, in for6 mats that are usable by and understandable 

7 to one-stop center customers, regarding how 

8 the local area is performing on the local 

9 performance accountability measures de10 scribed in section 116(c) and any addi11 tional performance information with respect 

12 to the one-stop delivery system in the local 

13 area; 

14 (ix)(I) provision of information, in for15 mats that are usable by and understandable 

16 to one-stop center customers, relating to the 

17 availability of supportive services or assist18 ance, including child care, child support, 

19 medical or child health assistance under 

20 title XIX or XXI of the Social Security Act 

21 (42 U.S.C. 1396 et seq. and 1397aa et seq.), 

22 benefits under the supplemental nutrition 

23 assistance program established under the 

24 Food and Nutrition Act of 2008 (7 U.S.C. 

25 2011 et seq.), assistance through the earned 
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1 income tax credit under section 32 of the 

2 Internal Revenue Code of 1986, and assist3 ance under a State program for temporary 

4 assistance for needy families funded under 

5 part A of title IV of the Social Security Act 

6 (42 U.S.C. 601 et seq.) and other supportive 

7 services and transportation provided 

8 through funds made available under such 

9 part, available in the local area; and 

10 (II) referral to the services or assist11 ance described in subclause (I), as appro12 priate; 

13 (x) provision of information and as14 sistance regarding filing claims for unem15 ployment compensation; 

16 (xi) assistance in establishing eligi17 bility for programs of financial aid assist18 ance for training and education programs 

19 that are not funded under this Act; 

20 (xii) services, if determined to be ap21 propriate in order for an individual to ob22 tain or retain employment, that consist 

23 of— 

24 (I) comprehensive and specialized 

25 assessments of the skill levels and serv-
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1 ice needs of adults and dislocated 

2 workers, which may include— 

3 (aa) diagnostic testing and 

4 use of other assessment tools; and 

5 (bb) in-depth interviewing 

6 and evaluation to identify em7 ployment barriers and appro8 priate employment goals; 

9 (II) development of an individual 

10 employment plan, to identify the em11 ployment goals, appropriate achieve12 ment objectives, and appropriate com13 bination of services for the participant 

14 to achieve the employment goals, in15 cluding providing information on eli16 gible providers of training services 

17 pursuant to paragraph (3)(F)(ii), and 

18 career pathways to attain career objec19 tives; 

20 (III) group counseling; 

21 (IV) individual counseling; 

22 (V) career planning; 

23 (VI) short-term prevocational 

24 services, including development of 

25 learning skills, communication skills, 
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1 interviewing skills, punctuality, per2 sonal maintenance skills, and profes3 sional conduct, to prepare individuals 

4 for unsubsidized employment or train5 ing; 

6 (VII) internships and work expe7 riences that are linked to careers; 

8 (VIII) workforce preparation ac9 tivities; 

10 (IX) financial literacy services, 

11 such as the activities described in sec12 tion 129(b)(2)(D); 

13 (X) out-of-area job search assist14 ance and relocation assistance; or 

15 (XI) English language acquisition 

16 and integrated education and training 

17 programs; and 

18 (xiii) followup services, including 

19 counseling regarding the workplace, for par20 ticipants in workforce investment activities 

21 authorized under this subtitle who are 

22 placed in unsubsidized employment, for not 

23 less than 12 months after the first day of 

24 the employment, as appropriate. 
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1 (B) USE OF PREVIOUS ASSESSMENTS.—A 

2 one-stop operator or one-stop partner shall not be 

3 required to conduct a new interview, evaluation, 

4 or assessment of a participant under subpara5 graph (A)(xii) if the one-stop operator or one6 stop partner determines that it is appropriate to 

7 use a recent interview, evaluation, or assessment 

8 of the participant conducted pursuant to another 

9 education or training program. 

10 (C) DELIVERY OF SERVICES.—The career 

11 services described in subparagraph (A) shall be 

12 provided through the one-stop delivery system— 

13 (i) directly through one-stop operators 

14 identified pursuant to section 121(d); or 

15 (ii) through contracts with service pro16 viders, which may include contracts with 

17 public, private for-profit, and private non18 profit service providers, approved by the 

19 local board. 

20 (3) TRAINING SERVICES.— 

21 (A) IN GENERAL.— 

22 (i) ELIGIBILITY.—Except as provided 

23 in clause (ii), funds allocated to a local 

24 area for adults under paragraph (2)(A) or 

25 (3), as appropriate, of section 133(b), and 
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1 funds allocated to the local area for dis2 located workers under section 133(b)(2)(B), 

3 shall be used to provide training services to 

4 adults and dislocated workers, respec5 tively— 

6 (I) who, after an interview, eval7 uation, or assessment, and career plan8 ning, have been determined by a one9 stop operator or one-stop partner, as 

10 appropriate, to— 

11 (aa) be unlikely or unable to 

12 obtain or retain employment, that 

13 leads to economic self-sufficiency 

14 or wages comparable to or higher 

15 than wages from previous employ16 ment, through the career services 

17 described in paragraph 

18 (2)(A)(xii); 

19 (bb) be in need of training 

20 services to obtain or retain em21 ployment that leads to economic 

22 self-sufficiency or wages com23 parable to or higher than wages 

24 from previous employment; and 
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1 (cc) have the skills and quali2 fications to successfully partici3 pate in the selected program of 

4 training services; 

5 (II) who select programs of train6 ing services that are directly linked to 

7 the employment opportunities in the 

8 local area or the planning region, or in 

9 another area to which the adults or 

10 dislocated workers are willing to com11 mute or relocate; 

12 (III) who meet the requirements of 

13 subparagraph (B); and 

14 (IV) who are determined to be eli15 gible in accordance with the priority 

16 system in effect under subparagraph 

17 (E). 

18 (ii) USE OF PREVIOUS ASSESS19 MENTS.—A one-stop operator or one-stop 

20 partner shall not be required to conduct a 

21 new interview, evaluation, or assessment of 

22 a participant under clause (i) if the one23 stop operator or one-stop partner deter24 mines that it is appropriate to use a recent 

25 interview, evaluation, or assessment of the 
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1 participant conducted pursuant to another 

2 education or training program. 

3 (iii) RULE OF CONSTRUCTION.—Noth4 ing in this subparagraph shall be construed 

5 to mean an individual is required to receive 

6 career services prior to receiving training 

7 services. 

8 (B) QUALIFICATION.— 

9 (i) REQUIREMENT.—Notwithstanding 

10 section 479B of the Higher Education Act 

11 of 1965 (20 U.S.C. 1087uu) and except as 

12 provided in clause (ii), provision of such 

13 training services shall be limited to individ14 uals who— 

15 (I) are unable to obtain other 

16 grant assistance for such services, in17 cluding Federal Pell Grants established 

18 under subpart 1 of part A of title IV 

19 of the Higher Education Act of 1965 

20 (20 U.S.C. 1070a et seq.); or 

21 (II) require assistance beyond the 

22 assistance made available under other 

23 grant assistance programs, including 

24 Federal Pell Grants. 
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1 (ii) REIMBURSEMENTS.—Training 

2 services may be provided under this para3 graph to an individual who otherwise meets 

4 the requirements of this paragraph while an 

5 application for a Federal Pell Grant is 

6 pending, except that if such individual is 

7 subsequently awarded a Federal Pell Grant, 

8 appropriate reimbursement shall be made to 

9 the local area from such Federal Pell Grant. 

10 (iii) CONSIDERATION.—In determining 

11 whether an individual requires assistance 

12 under clause (i)(II), a one-stop operator (or 

13 one-stop partner, where appropriate) may 

14 take into consideration the full cost of par15 ticipating in training services, including 

16 the costs of dependent care and transpor17 tation, and other appropriate costs. 

18 (C) PROVIDER QUALIFICATION.—Training 

19 services shall be provided through providers iden20 tified in accordance with section 122. 

21 (D) TRAINING SERVICES.—Training serv22 ices may include— 

23 (i) occupational skills training, includ24 ing training for nontraditional employ25 ment; 
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1 (ii) on-the-job training; 

2 (iii) incumbent worker training in ac3 cordance with subsection (d)(4); 

4 (iv) programs that combine workplace 

5 training with related instruction, which 

6 may include cooperative education pro7 grams; 

8 (v) training programs operated by the 

9 private sector; 

10 (vi) skill upgrading and retraining; 

11 (vii) entrepreneurial training; 

12 (viii) transitional jobs in accordance 

13 with subsection (d)(5); 

14 (ix) job readiness training provided in 

15 combination with services described in any 

16 of clauses (i) through (viii); 

17 (x) adult education and literacy activi18 ties, including activities of English lan19 guage acquisition and integrated education 

20 and training programs, provided concur21 rently or in combination with services de22 scribed in any of clauses (i) through (vii); 

23 and 

24 (xi) customized training conducted 

25 with a commitment by an employer or 
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† HR 803 EAS 

1 group of employers to employ an individual 

2 upon successful completion of the training. 

3 (E) PRIORITY.—With respect to funds allo4 cated to a local area for adult employment and 

5 training activities under paragraph (2)(A) or 

6 (3) of section 133(b), priority shall be given to 

7 recipients of public assistance, other low-income 

8 individuals, and individuals who are basic skills 

9 deficient for receipt of career services described 

10 in paragraph (2)(A)(xii) and training services. 

11 The appropriate local board and the Governor 

12 shall direct the one-stop operators in the local 

13 area with regard to making determinations re14 lated to such priority. 

15 (F) CONSUMER CHOICE REQUIREMENTS.— 

16 (i) IN GENERAL.—Training services 

17 provided under this paragraph shall be pro18 vided in a manner that maximizes con19 sumer choice in the selection of an eligible 

20 provider of such services. 

21 (ii) ELIGIBLE PROVIDERS.—Each local 

22 board, through one-stop centers, shall make 

23 available the list of eligible providers of 

24 training services described in section 
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† HR 803 EAS 

1 122(d), and accompanying information, in 

2 accordance with section 122(d). 

3 (iii) INDIVIDUAL TRAINING AC4 COUNTS.—An individual who seeks training 

5 services and who is eligible pursuant to sub6 paragraph (A), may, in consultation with a 

7 career planner, select an eligible provider of 

8 training services from the list of providers 

9 described in clause (ii). Upon such selection, 

10 the one-stop operator involved shall, to the 

11 extent practicable, refer such individual to 

12 the eligible provider of training services, 

13 and arrange for payment for such services 

14 through an individual training account. 

15 (iv) COORDINATION.—Each local board 

16 may, through one-stop centers, coordinate 

17 funding for individual training accounts 

18 with funding from other Federal, State, 

19 local, or private job training programs or 

20 sources to assist the individual in obtaining 

21 training services. 

22 (v) ADDITIONAL INFORMATION.—Pri23 ority consideration shall, consistent with 

24 clause (i), be given to programs that lead to 

25 recognized postsecondary credentials that 
288 

† HR 803 EAS 

1 are aligned with in-demand industry sectors 

2 or occupations in the local area involved. 

3 (G) USE OF INDIVIDUAL TRAINING AC4 COUNTS.— 

5 (i) IN GENERAL.—Except as provided 

6 in clause (ii), training services provided 

7 under this paragraph shall be provided 

8 through the use of individual training ac9 counts in accordance with this paragraph, 

10 and shall be provided to eligible individuals 

11 through the one-stop delivery system. 

12 (ii) TRAINING CONTRACTS.—Training 

13 services authorized under this paragraph 

14 may be provided pursuant to a contract for 

15 services in lieu of an individual training 

16 account if— 

17 (I) the requirements of subpara18 graph (F) are met; 

19 (II) such services are on-the-job 

20 training, customized training, incum21 bent worker training, or transitional 

22 employment; 

23 (III) the local board determines 

24 there are an insufficient number of eli25 gible providers of training services in 
289 

† HR 803 EAS 

1 the local area involved (such as in a 

2 rural area) to accomplish the purposes 

3 of a system of individual training ac4 counts; 

5 (IV) the local board determines 

6 that there is a training services pro7 gram of demonstrated effectiveness of8 fered in the local area by a commu9 nity-based organization or another pri10 vate organization to serve individuals 

11 with barriers to employment; 

12 (V) the local board determines 

13 that— 

14 (aa) it would be most appro15 priate to award a contract to an 

16 institution of higher education or 

17 other eligible provider of training 

18 services in order to facilitate the 

19 training of multiple individuals 

20 in in-demand industry sectors or 

21 occupations; and 

22 (bb) such contract does not 

23 limit customer choice; or 

24 (VI) the contract is a pay-for-per25 formance contract. 
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1 (iii) LINKAGE TO OCCUPATIONS IN DE2 MAND.—Training services provided under 

3 this paragraph shall be directly linked to an 

4 in-demand industry sector or occupation in 

5 the local area or the planning region, or in 

6 another area to which an adult or dis7 located worker receiving such services is 

8 willing to relocate, except that a local board 

9 may approve training services for occupa10 tions determined by the local board to be in 

11 sectors of the economy that have a high po12 tential for sustained demand or growth in 

13 the local area. 

14 (iv) RULE OF CONSTRUCTION.—Noth15 ing in this paragraph shall be construed to 

16 preclude the combined use of individual 

17 training accounts and contracts in the pro18 vision of training services, including ar19 rangements that allow individuals receiving 

20 individual training accounts to obtain 

21 training services that are contracted for 

22 under clause (ii). 

23 (H) REIMBURSEMENT FOR ON-THE-JOB

24 TRAINING.— 
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† HR 803 EAS 

1 (i) REIMBURSEMENT LEVEL.—For 

2 purposes of the provision of on-the-job 

3 training under this paragraph, the Gov4 ernor or local board involved may increase 

5 the amount of the reimbursement described 

6 in section 3(44) to an amount of up to 75 

7 percent of the wage rate of a participant for 

8 a program carried out under chapter 2 or 

9 this chapter, if, respectively— 

10 (I) the Governor approves the in11 crease with respect to a program car12 ried out with funds reserved by the 

13 State under that chapter, taking into 

14 account the factors described in clause 

15 (ii); or 

16 (II) the local board approves the 

17 increase with respect to a program car18 ried out with funds allocated to a local 

19 area under such chapter, taking into 

20 account those factors. 

21 (ii) FACTORS.—For purposes of clause 

22 (i), the Governor or local board, respec23 tively, shall take into account factors con24 sisting of— 
292 

† HR 803 EAS 

1 (I) the characteristics of the par2 ticipants; 

3 (II) the size of the employer; 

4 (III) the quality of employer-pro5 vided training and advancement op6 portunities; and 

7 (IV) such other factors as the Gov8 ernor or local board, respectively, may 

9 determine to be appropriate, which 

10 may include the number of employees 

11 participating in the training, wage 

12 and benefit levels of those employees (at 

13 present and anticipated upon comple14 tion of the training), and relation of 

15 the training to the competitiveness of a 

16 participant. 

17 (d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING

18 ACTIVITIES.— 

19 (1) IN GENERAL.— 

20 (A) ACTIVITIES.—Funds allocated to a local 

21 area for adults under paragraph (2)(A) or (3), 

22 as appropriate, of section 133(b), and funds allo23 cated to the local area for dislocated workers 

24 under section 133(b)(2)(B), may be used to pro25 vide, through the one-stop delivery system in-
293 

† HR 803 EAS 

1 volved (and through collaboration with the local 

2 board, for the purpose of the activities described 

3 in clauses (vii) and (ix))— 

4 (i) customized screening and referral of 

5 qualified participants in training services 

6 described in subsection (c)(3) to employers; 

7 (ii) customized employment-related 

8 services to employers, employer associations, 

9 or other such organizations on a fee-for10 service basis; 

11 (iii) implementation of a pay-for-per12 formance contract strategy for training 

13 services, for which the local board may re14 serve and use not more than 10 percent of 

15 the total funds allocated to the local area 

16 under paragraph (2) or (3) of section 

17 133(b); 

18 (iv) customer support to enable indi19 viduals with barriers to employment (in20 cluding individuals with disabilities) and 

21 veterans, to navigate among multiple serv22 ices and activities for such populations; 

23 (v) technical assistance for one-stop op24 erators, one-stop partners, and eligible pro25 viders of training services, regarding the 
294 

† HR 803 EAS 

1 provision of services to individuals with 

2 disabilities in local areas, including the de3 velopment and training of staff, the provi4 sion of outreach, intake, assessments, and 

5 service delivery, the coordination of services 

6 across providers and programs, and the de7 velopment of performance accountability 

8 measures; 

9 (vi) employment and training activi10 ties provided in coordination with— 

11 (I) child support enforcement ac12 tivities of the State and local agencies 

13 carrying out part D of title IV of the 

14 Social Security Act (42 U.S.C. 651 et 

15 seq.); 

16 (II) child support services, and 

17 assistance, provided by State and local 

18 agencies carrying out part D of title 

19 IV of the Social Security Act (42 

20 U.S.C. 651 et seq.); 

21 (III) cooperative extension pro22 grams carried out by the Department 

23 of Agriculture; and 

24 (IV) activities to facilitate remote 

25 access to services provided through a 
295 

† HR 803 EAS 

1 one-stop delivery system, including fa2 cilitating access through the use of 

3 technology; 

4 (vii) activities— 

5 (I) to improve coordination be6 tween workforce investment activities 

7 and economic development activities 

8 carried out within the local area in9 volved, and to promote entrepreneurial 

10 skills training and microenterprise 

11 services; 

12 (II) to improve services and link13 ages between the local workforce invest14 ment system (including the local one15 stop delivery system) and employers, 

16 including small employers, in the local 

17 area, through services described in this 

18 section; and 

19 (III) to strengthen linkages be20 tween the one-stop delivery system and 

21 unemployment insurance programs; 

22 (viii) training programs for displaced 

23 homemakers and for individuals training 

24 for nontraditional occupations, in conjunc-
296 

† HR 803 EAS 

1 tion with programs operated in the local 

2 area; 

3 (ix) activities to provide business serv4 ices and strategies that meet the workforce 

5 investment needs of area employers, as de6 termined by the local board, consistent with 

7 the local plan under section 108, which 

8 services— 

9 (I) may be provided through effec10 tive business intermediaries working in 

11 conjunction with the local board, and 

12 may also be provided on a fee-for-serv13 ice basis or through the leveraging of 

14 economic development, philanthropic, 

15 and other public and private resources 

16 in a manner determined appropriate 

17 by the local board; and 

18 (II) may include— 

19 (aa) developing and imple20 menting industry sector strategies 

21 (including strategies involving in22 dustry partnerships, regional 

23 skills alliances, industry skill 

24 panels, and sectoral skills partner25 ships); 
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† HR 803 EAS 

1 (bb) developing and deliv2 ering innovative workforce invest3 ment services and strategies for 

4 area employers, which may in5 clude career pathways, skills up6 grading, skill standard develop7 ment and certification for recog8 nized postsecondary credential or 

9 other employer use, apprentice10 ship, and other effective initia11 tives for meeting the workforce in12 vestment needs of area employers 

13 and workers; 

14 (cc) assistance to area em15 ployers in managing reductions 

16 in force in coordination with 

17 rapid response activities provided 

18 under subsection (a)(2)(A) and 

19 with strategies for the aversion of 

20 layoffs, which strategies may in21 clude early identification of firms 

22 at risk of layoffs, use of feasibility 

23 studies to assess the needs of and 

24 options for at-risk firms, and the 

25 delivery of employment and train-
298 

† HR 803 EAS 

1 ing activities to address risk fac2 tors; and 

3 (dd) the marketing of busi4 ness services offered under this 

5 title, to appropriate area employ6 ers, including small and mid7 sized employers; 

8 (x) activities to adjust the economic 

9 self-sufficiency standards referred to in sub10 section (a)(3)(A)(xii) for local factors, or ac11 tivities to adopt, calculate, or commission 

12 for approval, economic self-sufficiency 

13 standards for the local areas that specify the 

14 income needs of families, by family size, the 

15 number and ages of children in the family, 

16 and substate geographical considerations; 

17 (xi) improved coordination between 

18 employment and training activities and 

19 programs carried out in the local area for 

20 individuals with disabilities, including pro21 grams carried out by State agencies relating 

22 to intellectual disabilities and develop23 mental disabilities, activities carried out by 

24 Statewide Independent Living Councils es25 tablished under section 705 of the Rehabili-
299 

† HR 803 EAS 

1 tation Act of 1973 (29 U.S.C. 796d), pro2 grams funded under part B of chapter 1 of 

3 title VII of such Act (29 U.S.C. 796e et 

4 seq.), and activities carried out by centers 

5 for independent living, as defined in section 

6 702 of such Act (29 U.S.C. 796a); and 

7 (xii) implementation of promising 

8 services to workers and businesses, which 

9 may include support for education, train10 ing, skill upgrading, and statewide net11 working for employees to become workplace 

12 learning advisors and maintain proficiency 

13 in carrying out the activities associated 

14 with such advising. 

15 (B) WORK SUPPORT ACTIVITIES FOR LOW16 WAGE WORKERS.— 

17 (i) IN GENERAL.—Funds allocated to a 

18 local area for adults under paragraph 

19 (2)(A) or (3), as appropriate, of section 

20 133(b), and funds allocated to the local area 

21 for dislocated workers under section 

22 133(b)(2)(B), may be used to provide, 

23 through the one-stop delivery system in24 volved, work support activities designed to 

25 assist low-wage workers in retaining and 
300 

† HR 803 EAS 

1 enhancing employment. The one-stop part2 ners of the system shall coordinate the ap3 propriate programs and resources of the 

4 partners with the activities and resources 

5 provided under this subparagraph. 

6 (ii) ACTIVITIES.—The work support 

7 activities described in clause (i) may in8 clude the provision of activities described in 

9 this section through the one-stop delivery 

10 system in a manner that enhances the op11 portunities of such workers to participate in 

12 the activities, such as the provision of ac13 tivities described in this section during non14 traditional hours and the provision of on15 site child care while such activities are 

16 being provided. 

17 (2) SUPPORTIVE SERVICES.—Funds allocated to 

18 a local area for adults under paragraph (2)(A) or (3), 

19 as appropriate, of section 133(b), and funds allocated 

20 to the local area for dislocated workers under section 

21 133(b)(2)(B), may be used to provide supportive serv22 ices to adults and dislocated workers, respectively— 

23 (A) who are participating in programs with 

24 activities authorized in paragraph (2) or (3) of 

25 subsection (c); and 
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† HR 803 EAS 

1 (B) who are unable to obtain such sup2 portive services through other programs pro3 viding such services. 

4 (3) NEEDS-RELATED PAYMENTS.— 

5 (A) IN GENERAL.—Funds allocated to a 

6 local area for adults under paragraph (2)(A) or 

7 (3), as appropriate, of section 133(b), and funds 

8 allocated to the local area for dislocated workers 

9 under section 133(b)(2)(B), may be used to pro10 vide needs-related payments to adults and dis11 located workers, respectively, who are unem12 ployed and do not qualify for (or have ceased to 

13 qualify for) unemployment compensation for the 

14 purpose of enabling such individuals to partici15 pate in programs of training services under sub16 section (c)(3). 

17 (B) ADDITIONAL ELIGIBILITY REQUIRE18 MENTS.—In addition to the requirements con19 tained in subparagraph (A), a dislocated worker 

20 who has ceased to qualify for unemployment 

21 compensation may be eligible to receive needs-re22 lated payments under this paragraph only if 

23 such worker was enrolled in the training serv24 ices— 
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† HR 803 EAS 

1 (i) by the end of the 13th week after the 

2 most recent layoff that resulted in a deter3 mination of the worker’s eligibility for em4 ployment and training activities for dis5 located workers under this subtitle; or 

6 (ii) if later, by the end of the 8th week 

7 after the worker is informed that a short8 term layoff will exceed 6 months. 

9 (C) LEVEL OF PAYMENTS.—The level of a 

10 needs-related payment made to a dislocated 

11 worker under this paragraph shall not exceed the 

12 greater of— 

13 (i) the applicable level of unemploy14 ment compensation; or 

15 (ii) if such worker did not qualify for 

16 unemployment compensation, an amount 

17 equal to the poverty line, for an equivalent 

18 period, which amount shall be adjusted to 

19 reflect changes in total family income. 

20 (4) INCUMBENT WORKER TRAINING PROGRAMS.— 

21 (A) IN GENERAL.— 

22 (i) STANDARD RESERVATION OF

23 FUNDS.—The local board may reserve and 

24 use not more than 20 percent of the funds 

25 allocated to the local area involved under 
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† HR 803 EAS 

1 section 133(b) to pay for the Federal share 

2 of the cost of providing training through a 

3 training program for incumbent workers, 

4 carried out in accordance with this para5 graph. 

6 (ii) DETERMINATION OF ELIGI7 BILITY.—For the purpose of determining the 

8 eligibility of an employer to receive funding 

9 under clause (i), the local board shall take 

10 into account factors consisting of— 

11 (I) the characteristics of the par12 ticipants in the program; 

13 (II) the relationship of the train14 ing to the competitiveness of a partici15 pant and the employer; and 

16 (III) such other factors as the 

17 local board may determine to be ap18 propriate, which may include the num19 ber of employees participating in the 

20 training, the wage and benefit levels of 

21 those employees (at present and antici22 pated upon completion of the train23 ing), and the existence of other train24 ing and advancement opportunities 

25 provided by the employer. 
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† HR 803 EAS 

1 (iii) STATEWIDE IMPACT.—The Gov2 ernor or State board involved may make 

3 recommendations to the local board for pro4 viding incumbent worker training that has 

5 statewide impact. 

6 (B) TRAINING ACTIVITIES.—The training 

7 program for incumbent workers carried out 

8 under this paragraph shall be carried out by the 

9 local board in conjunction with the employers or 

10 groups of employers of such workers (which may 

11 include employers in partnership with other en12 tities for the purposes of delivering training) for 

13 the purpose of assisting such workers in obtain14 ing the skills necessary to retain employment or 

15 avert layoffs. 

16 (C) EMPLOYER PAYMENT OF NON-FEDERAL

17 SHARE.—Employers participating in the pro18 gram carried out under this paragraph shall be 

19 required to pay for the non-Federal share of the 

20 cost of providing the training to incumbent 

21 workers of the employers. 

22 (D) NON-FEDERAL SHARE.— 

23 (i) FACTORS.—Subject to clause (ii), 

24 the local board shall establish the non-Fed25 eral share of such cost (taking into consider-
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† HR 803 EAS 

1 ation such other factors as the number of 

2 employees participating in the training, the 

3 wage and benefit levels of the employees (at 

4 the beginning and anticipated upon comple5 tion of the training), the relationship of the 

6 training to the competitiveness of the em7 ployer and employees, and the availability 

8 of other employer-provided training and ad9 vancement opportunities. 

10 (ii) LIMITS.—The non-Federal share 

11 shall not be less than— 

12 (I) 10 percent of the cost, for em13 ployers with not more than 50 employ14 ees; 

15 (II) 25 percent of the cost, for em16 ployers with more than 50 employees 

17 but not more than 100 employees; and 

18 (III) 50 percent of the cost, for 

19 employers with more than 100 employ20 ees. 

21 (iii) CALCULATION OF EMPLOYER

22 SHARE.—The non-Federal share provided 

23 by an employer participating in the pro24 gram may include the amount of the wages 

25 paid by the employer to a worker while the 
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1 worker is attending a training program 

2 under this paragraph. The employer may 

3 provide the share in cash or in kind, fairly 

4 evaluated. 

5 (5) TRANSITIONAL JOBS.—The local board may 

6 use not more than 10 percent of the funds allocated 

7 to the local area involved under section 133(b) to pro8 vide transitional jobs under subsection (c)(3) that— 

9 (A) are time-limited work experiences that 

10 are subsidized and are in the public, private, or 

11 nonprofit sectors for individuals with barriers to 

12 employment who are chronically unemployed or 

13 have an inconsistent work history; 

14 (B) are combined with comprehensive em15 ployment and supportive services; and 

16 (C) are designed to assist the individuals 

17 described in subparagraph (A) to establish a 

18 work history, demonstrate success in the work19 place, and develop the skills that lead to entry 

20 into and retention in unsubsidized employment. 

21 CHAPTER 4—GENERAL WORKFORCE 

22 INVESTMENT PROVISIONS 

23 SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.— 

25 There are authorized to be appropriated to carry out the 
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1 activities described in section 127(a), $820,430,000 for fis2 cal year 2015, $883,800,000 for fiscal year 2016, 

3 $902,139,000 for fiscal year 2017, $922,148,000 for fiscal 

4 year 2018, $943,828,000 for fiscal year 2019, and 

5 $963,837,000 for fiscal year 2020. 

6 (b) ADULT EMPLOYMENT AND TRAINING ACTIVI7 TIES.—There are authorized to be appropriated to carry out 

8 the activities described in section 132(a)(1), $766,080,000 

9 for fiscal year 2015, $825,252,000 for fiscal year 2016, 

10 $842,376,000 for fiscal year 2017, $861,060,000 for fiscal 

11 year 2018, $881,303,000 for fiscal year 2019, and 

12 $899,987,000 for fiscal year 2020. 

13 (c) DISLOCATED WORKER EMPLOYMENT AND TRAIN14 ING ACTIVITIES.—There are authorized to be appropriated 

15 to carry out the activities described in section 132(a)(2), 

16 $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fis17 cal year 2016, $1,344,205,000 for fiscal year 2017, 

18 $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fis19 cal year 2019, and $1,436,137,000 for fiscal year 2020. 

20 Subtitle C—Job Corps 

21 SEC. 141. PURPOSES. 

22 The purposes of this subtitle are— 

23 (1) to maintain a national Job Corps program, 

24 carried out in partnership with States and commu25 nities, to— 
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1 (A) assist eligible youth to connect to the 

2 labor force by providing them with intensive so3 cial, academic, career and technical education, 

4 and service-learning opportunities, in primarily 

5 residential centers, in order for such youth to ob6 tain secondary school diplomas or recognized 

7 postsecondary credentials leading to— 

8 (i) successful careers, in in-demand in9 dustry sectors or occupations or the Armed 

10 Forces, that will result in economic self-suf11 ficiency and opportunities for advancement; 

12 or 

13 (ii) enrollment in postsecondary edu14 cation, including an apprenticeship pro15 gram; and 

16 (B) support responsible citizenship; 

17 (2) to set forth standards and procedures for se18 lecting individuals as enrollees in the Job Corps; 

19 (3) to authorize the establishment of Job Corps 

20 centers in which enrollees will participate in inten21 sive programs of activities described in this subtitle; 

22 and 

23 (4) to prescribe various other powers, duties, and 

24 responsibilities incident to the operation and con25 tinuing development of the Job Corps. 
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1 SEC. 142. DEFINITIONS. 

2 In this subtitle: 

3 (1) APPLICABLE LOCAL BOARD.—The term ‘‘ap4 plicable local board’’ means a local board— 

5 (A) that provides information for a Job 

6 Corps center on local employment opportunities 

7 and the job skills needed to obtain the opportuni8 ties; and 

9 (B) that serves communities in which the 

10 graduates of the Job Corps center seek employ11 ment. 

12 (2) APPLICABLE ONE-STOP CENTER.—The term 

13 ‘‘applicable one-stop center’’ means a one-stop center 

14 that provides services, such as referral, assessment, re15 cruitment, and placement, to support the purposes of 

16 the Job Corps. 

17 (3) ENROLLEE.—The term ‘‘enrollee’’ means an 

18 individual who has voluntarily applied for, been se19 lected for, and enrolled in the Job Corps program, 

20 and remains with the program, but has not yet be21 come a graduate. 

22 (4) FORMER ENROLLEE.—The term ‘‘former en23 rollee’’ means an individual who has voluntarily ap24 plied for, been selected for, and enrolled in the Job 

25 Corps program, but left the program prior to becom26 ing a graduate. 
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1 (5) GRADUATE.—The term ‘‘graduate’’ means an 

2 individual who has voluntarily applied for, been se3 lected for, and enrolled in the Job Corps program and 

4 who, as a result of participation in the Job Corps 

5 program, has received a secondary school diploma or 

6 recognized equivalent, or completed the requirements 

7 of a career and technical education and training pro8 gram that prepares individuals for employment lead9 ing to economic self-sufficiency or entrance into post10 secondary education or training. 

11 (6) JOB CORPS.—The term ‘‘Job Corps’’ means 

12 the Job Corps described in section 143. 

13 (7) JOB CORPS CENTER.—The term ‘‘Job Corps 

14 center’’ means a center described in section 147. 

15 (8) OPERATOR.—The term ‘‘operator’’ means an 

16 entity selected under this subtitle to operate a Job 

17 Corps center. 

18 (9) REGION.—The term ‘‘region’’ means an area 

19 defined by the Secretary. 

20 (10) SERVICE PROVIDER.—The term ‘‘service 

21 provider’’ means an entity selected under this subtitle 

22 to provide services described in this subtitle to a Job 

23 Corps center. 
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1 SEC. 143. ESTABLISHMENT. 

2 There shall be within the Department of Labor a ‘‘Job 

3 Corps’’. 

4 SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

5 (a) IN GENERAL.—To be eligible to become an enrollee, 

6 an individual shall be— 

7 (1) not less than age 16 and not more than age 

8 21 on the date of enrollment, except that— 

9 (A) not more than 20 percent of the indi10 viduals enrolled in the Job Corps may be not less 

11 than age 22 and not more than age 24 on the 

12 date of enrollment; and 

13 (B) either such maximum age limitation 

14 may be waived by the Secretary, in accordance 

15 with regulations of the Secretary, in the case of 

16 an individual with a disability; 

17 (2) a low-income individual; and 

18 (3) an individual who is one or more of the fol19 lowing: 

20 (A) Basic skills deficient. 

21 (B) A school dropout. 

22 (C) A homeless individual (as defined in 

23 section 41403(6) of the Violence Against Women 

24 Act of 1994 (42 U.S.C. 14043e–2(6))), a homeless 

25 child or youth (as defined in section 725(2) of 

26 the McKinney-Vento Homeless Assistance Act (42 
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1 U.S.C. 11434a(2))), a runaway, an individual 

2 in foster care, or an individual who was in fos3 ter care and has aged out of the foster care sys4 tem. 

5 (D) A parent. 

6 (E) An individual who requires additional 

7 education, career and technical education or 

8 training, or workforce preparation skills to be 

9 able to obtain and retain employment that leads 

10 to economic self-sufficiency. 

11 (b) SPECIAL RULE FOR VETERANS.—Notwithstanding 

12 the requirement of subsection (a)(2), a veteran shall be eligi13 ble to become an enrollee under subsection (a) if the indi14 vidual— 

15 (1) meets the requirements of paragraphs (1) and 

16 (3) of such subsection; and 

17 (2) does not meet the requirement of subsection 

18 (a)(2) because the military income earned by such in19 dividual within the 6-month period prior to the indi20 vidual’s application for Job Corps prevents the indi21 vidual from meeting such requirement. 

22 SEC. 145. RECRUITMENT, SCREENING, SELECTION, AND AS23 SIGNMENT OF ENROLLEES. 

24 (a) STANDARDS AND PROCEDURES.— 
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1 (1) IN GENERAL.—The Secretary shall prescribe 

2 specific standards and procedures for the recruitment, 

3 screening, and selection of eligible applicants for the 

4 Job Corps, after considering recommendations from 

5 Governors of States, local boards, and other interested 

6 parties. 

7 (2) METHODS.—In prescribing standards and 

8 procedures under paragraph (1), the Secretary, at a 

9 minimum, shall— 

10 (A) prescribe procedures for informing en11 rollees that drug tests will be administered to the 

12 enrollees and the results received within 45 days 

13 after the enrollees enroll in the Job Corps; 

14 (B) establish standards for recruitment of 

15 Job Corps applicants; 

16 (C) establish standards and procedures 

17 for— 

18 (i) determining, for each applicant, 

19 whether the educational and career and 

20 technical education and training needs of 

21 the applicant can best be met through the 

22 Job Corps program or an alternative pro23 gram in the community in which the appli24 cant resides; and 
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1 (ii) obtaining from each applicant per2 tinent data relating to background, needs, 

3 and interests for determining eligibility and 

4 potential assignment; 

5 (D) where appropriate, take measures to 

6 improve the professional capability of the indi7 viduals conducting screening of the applicants; 

8 and 

9 (E) assure appropriate representation of en10 rollees from urban areas and from rural areas. 

11 (3) IMPLEMENTATION.—The standards and pro12 cedures shall be implemented through arrangements 

13 with— 

14 (A) applicable one-stop centers; 

15 (B) organizations that have a demonstrated 

16 record of effectiveness in serving at-risk youth 

17 and placing such youth into employment, in18 cluding community action agencies, business or19 ganizations, or labor organizations; and 

20 (C) child welfare agencies that are respon21 sible for children and youth eligible for benefits 

22 and services under section 477 of the Social Se23 curity Act (42 U.S.C. 677). 

24 (4) CONSULTATION.—The standards and proce25 dures shall provide for necessary consultation with in-
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1 dividuals and organizations, including court, proba2 tion, parole, law enforcement, education, welfare, and 

3 medical authorities and advisers. 

4 (5) REIMBURSEMENT.—The Secretary is author5 ized to enter into contracts with and make payments 

6 to individuals and organizations for the cost of con7 ducting recruitment, screening, and selection of eligi8 ble applicants for the Job Corps, as provided for in 

9 this section. The Secretary shall make no payment to 

10 any individual or organization solely as compensa11 tion for referring the names of applicants for the Job 

12 Corps. 

13 (b) SPECIAL LIMITATIONS ON SELECTION.— 

14 (1) IN GENERAL.—No individual shall be selected 

15 as an enrollee unless the individual or organization 

16 implementing the standards and procedures described 

17 in subsection (a) determines that— 

18 (A) there is a reasonable expectation that 

19 the individual considered for selection can par20 ticipate successfully in group situations and ac21 tivities, and is not likely to engage in behavior 

22 that would prevent other enrollees from receiving 

23 the benefit of the Job Corps program or be in24 compatible with the maintenance of sound dis25 cipline and satisfactory relationships between the 
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1 Job Corps center to which the individual might 

2 be assigned and communities surrounding the 

3 Job Corps center; 

4 (B) the individual manifests a basic under5 standing of both the rules to which the indi6 vidual will be subject and of the consequences of 

7 failure to observe the rules, and agrees to comply 

8 with such rules; and 

9 (C) the individual has passed a background 

10 check conducted in accordance with procedures 

11 established by the Secretary and with applicable 

12 State and local laws. 

13 (2) INDIVIDUALS ON PROBATION, PAROLE, OR SU14 PERVISED RELEASE.—An individual on probation, 

15 parole, or supervised release may be selected as an en16 rollee only if release from the supervision of the pro17 bation or parole official involved is satisfactory to the 

18 official and the Secretary and does not violate appli19 cable laws (including regulations). No individual 

20 shall be denied a position in the Job Corps solely on 

21 the basis of individual contact with the criminal jus22 tice system except for a disqualifying conviction as 

23 specified in paragraph (3). 

24 (3) INDIVIDUALS CONVICTED OF CERTAIN

25 CRIMES.—An individual shall not be selected as an 
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1 enrollee if the individual has been convicted of a fel2 ony consisting of murder (as described in section 

3 1111 of title 18, United States Code), child abuse, or 

4 a crime involving rape or sexual assault. 

5 (c) ASSIGNMENT PLAN.— 

6 (1) IN GENERAL.—Every 2 years, the Secretary 

7 shall develop and implement a plan for assigning en8 rollees to Job Corps centers. In developing the plan, 

9 the Secretary shall, based on the analysis described in 

10 paragraph (2), establish targets, applicable to each 

11 Job Corps center, for— 

12 (A) the maximum attainable percentage of 

13 enrollees at the Job Corps center that reside in 

14 the State in which the center is located; and 

15 (B) the maximum attainable percentage of 

16 enrollees at the Job Corps center that reside in 

17 the region in which the center is located, and in 

18 surrounding regions. 

19 (2) ANALYSIS.—In order to develop the plan de20 scribed in paragraph (1), every 2 years the Secretary, 

21 in consultation with operators of Job Corps centers, 

22 shall analyze relevant factors relating to each Job 

23 Corps center, including— 

24 (A) the size of the population of individuals 

25 eligible to participate in Job Corps in the State 
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1 and region in which the Job Corps center is lo2 cated, and in surrounding regions; 

3 (B) the relative demand for participation in 

4 the Job Corps in the State and region, and in 

5 surrounding regions; 

6 (C) the capacity and utilization of the Job 

7 Corps center, including the education, training, 

8 and supportive services provided through the cen9 ter; and 

10 (D) the performance of the Job Corps center 

11 relating to the expected levels of performance for 

12 the indicators described in section 159(c)(1), and 

13 whether any actions have been taken with respect 

14 to such center pursuant to paragraphs (2) and 

15 (3) of section 159(f). 

16 (d) ASSIGNMENT OF INDIVIDUAL ENROLLEES.— 

17 (1) IN GENERAL.—After an individual has been 

18 selected for the Job Corps in accordance with the 

19 standards and procedures of the Secretary under sub20 section (a), the enrollee shall be assigned to the Job 

21 Corps center that offers the type of career and tech22 nical education and training selected by the indi23 vidual and, among the centers that offer such edu24 cation and training, is closest to the home of the indi-
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1 vidual. The Secretary may waive this requirement 

2 if— 

3 (A) the enrollee would be unduly delayed in 

4 participating in the Job Corps program because 

5 the closest center is operating at full capacity; or 

6 (B) the parent or guardian of the enrollee 

7 requests assignment of the enrollee to another Job 

8 Corps center due to circumstances in the commu9 nity of the enrollee that would impair prospects 

10 for successful participation in the Job Corps pro11 gram. 

12 (2) ENROLLEES WHO ARE YOUNGER THAN 18.— 

13 An enrollee who is younger than 18 shall not be as14 signed to a Job Corps center other than the center 

15 closest to the home that offers the career and technical 

16 education and training desired by the enrollee pursu17 ant to paragraph (1) if the parent or guardian of the 

18 enrollee objects to the assignment. 

19 SEC. 146. ENROLLMENT. 

20 (a) RELATIONSHIP BETWEEN ENROLLMENT AND MILI21 TARY OBLIGATIONS.—Enrollment in the Job Corps shall 

22 not relieve any individual of obligations under the Military 

23 Selective Service Act (50 U.S.C. App. 451 et seq.). 

24 (b) PERIOD OF ENROLLMENT.—No individual may be 

25 enrolled in the Job Corps for more than 2 years, except— 
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1 (1) in a case in which completion of an ad2 vanced career training program under section 148(c) 

3 would require an individual to participate in the Job 

4 Corps for not more than one additional year; 

5 (2) in the case of an individual with a disability 

6 who would reasonably be expected to meet the stand7 ards for a Job Corps graduate, as defined under sec8 tion 142(5), if allowed to participate in the Job Corps 

9 for not more than 1 additional year; 

10 (3) in the case of an individual who participates 

11 in national service, as authorized by a Civilian Con12 servation Center program, who would be granted an 

13 enrollment extension in the Job Corps for the amount 

14 of time equal to the period of national service; or 

15 (4) as the Secretary may authorize in a special 

16 case. 

17 SEC. 147. JOB CORPS CENTERS. 

18 (a) OPERATORS AND SERVICE PROVIDERS.— 

19 (1) ELIGIBLE ENTITIES.— 

20 (A) OPERATORS.—The Secretary shall enter 

21 into an agreement with a Federal, State, or local 

22 agency, an area career and technical education 

23 school, a residential career and technical edu24 cation school, or a private organization, for the 

25 operation of each Job Corps center. 
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1 (B) PROVIDERS.—The Secretary may enter 

2 into an agreement with a local entity, or other 

3 entity with the necessary capacity, to provide ac4 tivities described in this subtitle to a Job Corps 

5 center. 

6 (2) SELECTION PROCESS.— 

7 (A) COMPETITIVE BASIS.—Except as pro8 vided in subsections (a) and (b) of section 3304 

9 of title 41, United States Code, the Secretary 

10 shall select on a competitive basis an entity to 

11 operate a Job Corps center and entities to pro12 vide activities described in this subtitle to the 

13 Job Corps center. In developing a solicitation for 

14 an operator or service provider, the Secretary 

15 shall consult with the Governor of the State in 

16 which the center is located, the workforce council 

17 for the Job Corps center (if established), and the 

18 applicable local board regarding the contents of 

19 such solicitation, including elements that will 

20 promote the consistency of the activities carried 

21 out through the center with the objectives set 

22 forth in the State plan or in a local plan. 

23 (B) RECOMMENDATIONS AND CONSIDER24 ATIONS.— 
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1 (i) OPERATORS.—In selecting an enti2 ty to operate a Job Corps center, the Sec3 retary shall consider— 

4 (I) the ability of the entity to co5 ordinate the activities carried out 

6 through the Job Corps center with ac7 tivities carried out under the appro8 priate State plan and local plans; 

9 (II) the ability of the entity to 

10 offer career and technical education 

11 and training that has been proposed by 

12 the workforce council under section 

13 154(c), and the degree to which such 

14 education and training reflects employ15 ment opportunities in the local areas 

16 in which enrollees at the center intend 

17 to seek employment; 

18 (III) the degree to which the enti19 ty demonstrates relationships with the 

20 surrounding communities, employers, 

21 labor organizations, State boards, local 

22 boards, applicable one-stop centers, and 

23 the State and region in which the cen24 ter is located; 
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1 (IV) the performance of the entity, 

2 if any, relating to operating or pro3 viding activities described in this sub4 title to a Job Corps center, including 

5 information regarding the entity in 

6 any reports developed by the Office of 

7 Inspector General of the Department of 

8 Labor and the entity’s demonstrated ef9 fectiveness in assisting individuals in 

10 achieving the primary indicators of 

11 performance for eligible youth de12 scribed in section 116(b)(2)(A)(ii); and 

13 (V) the ability of the entity to 

14 demonstrate a record of successfully as15 sisting at-risk youth to connect to the 

16 workforce, including providing them 

17 with intensive academics and career 

18 and technical education and training. 

19 (ii) PROVIDERS.—In selecting a service 

20 provider for a Job Corps center, the Sec21 retary shall consider the factors described in 

22 clause (i). 

23 (3) ADDITIONAL SELECTION FACTORS.—To be el24 igible to operate a Job Corps center, an entity shall 

25 submit to the Secretary, at such time and in such 
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1 manner as the Secretary may require, information re2 lated to additional selection factors, which shall in3 clude the following: 

4 (A) A description of the program activities 

5 that will be offered at the center and how the 

6 academics and career and technical education 

7 and training reflect State and local employment 

8 opportunities, including opportunities in in-de9 mand industry sectors and occupations rec10 ommended by the workforce council under section 

11 154(c)(2)(A). 

12 (B) A description of the counseling, place13 ment, and support activities that will be offered 

14 at the center, including a description of the 

15 strategies and procedures the entity will use to 

16 place graduates into unsubsidized employment or 

17 education leading to a recognized postsecondary 

18 credential upon completion of the program. 

19 (C) A description of the demonstrated 

20 record of effectiveness that the entity has in plac21 ing at-risk youth into employment and postsec22 ondary education, including past performance of 

23 operating a Job Corps center under this subtitle 

24 or subtitle C of title I of the Workforce Invest25 ment Act of 1998, and as appropriate, the enti-
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1 ty’s demonstrated effectiveness in assisting indi2 viduals in achieving the indicators of perform3 ance for eligible youth described in section 

4 116(b)(2)(A)(ii). 

5 (D) A description of the relationships that 

6 the entity has developed with State boards, local 

7 boards, applicable one-stop centers, employers, 

8 labor organizations, State and local educational 

9 agencies, and the surrounding communities in 

10 which the center is located, in an effort to pro11 mote a comprehensive statewide workforce devel12 opment system. 

13 (E) A description of the entity’s ability to 

14 coordinate the activities carried out through the 

15 Job Corps center with activities carried out 

16 under the appropriate State plan and local 

17 plans. 

18 (F) A description of the strong fiscal con19 trols the entity has in place to ensure proper ac20 counting of Federal funds, and a description of 

21 how the entity will meet the requirements of sec22 tion 159(a). 

23 (G) A description of the steps to be taken to 

24 control costs in accordance with section 

25 159(a)(3). 
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1 (H) A detailed budget of the activities that 

2 will be supported using funds under this subtitle 

3 and non-Federal resources. 

4 (I) An assurance the entity is licensed to 

5 operate in the State in which the center is lo6 cated. 

7 (J) An assurance the entity will comply 

8 with basic health and safety codes, which shall 

9 include the disciplinary measures described in 

10 section 152(b). 

11 (K) Any other information on additional 

12 selection factors that the Secretary may require. 

13 (b) HIGH-PERFORMING CENTERS.— 

14 (1) IN GENERAL.—If an entity meets the require15 ments described in paragraph (2) as applied to a 

16 particular Job Corps center, such entity shall be al17 lowed to compete in any competitive selection process 

18 carried out for an award to operate such center. 

19 (2) HIGH PERFORMANCE.—An entity shall be 

20 considered to be an operator of a high-performing cen21 ter if the Job Corps center operated by the entity— 

22 (A) is ranked among the top 20 percent of 

23 Job Corps centers for the most recent preceding 

24 program year; and 
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1 (B) meets the expected levels of performance 

2 established under section 159(c)(1) and, with re3 spect to each of the primary indicators of per4 formance for eligible youth described in section 

5 116(b)(2)(A)(ii)— 

6 (i) for the period of the most recent 

7 preceding 3 program years for which infor8 mation is available at the time the deter9 mination is made, achieved an average of 

10 100 percent, or higher, of the expected level 

11 of performance established under section 

12 159(c)(1) for the indicator; and 

13 (ii) for the most recent preceding pro14 gram year for which information is avail15 able at the time the determination is made, 

16 achieved 100 percent, or higher, of the ex17 pected level of performance established 

18 under such section for the indicator. 

19 (3) TRANSITION.—If any of the program years 

20 described in paragraph (2)(B) precedes the implemen21 tation of the establishment of expected levels of per22 formance under section 159(c) and the application of 

23 the primary indicators of performance for eligible 

24 youth described in section 116(b)(2)(A)(ii), an entity 

25 shall be considered an operator of a high-performing 
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1 center during that period if the Job Corps center op2 erated by the entity— 

3 (A) meets the requirements of paragraph 

4 (2)(B) with respect to such preceding program 

5 years using the performance of the Job Corps 

6 center regarding the national goals or targets es7 tablished by the Office of the Job Corps under the 

8 previous performance accountability system 

9 for— 

10 (i) the 6-month follow-up placement 

11 rate of graduates in employment, the mili12 tary, education, or training; 

13 (ii) the 12–month follow-up placement 

14 rate of graduates in employment, the mili15 tary, education, or training; 

16 (iii) the 6-month follow-up average 

17 weekly earnings of graduates; 

18 (iv) the rate of attainment of sec19 ondary school diplomas or their recognized 

20 equivalent; 

21 (v) the rate of attainment of comple22 tion certificates for career and technical 

23 training; 

24 (vi) average literacy gains; and 

25 (vii) average numeracy gains; or 
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1 (B) is ranked among the top 5 percent of 

2 Job Corps centers for the most recent preceding 

3 program year. 

4 (c) CHARACTER AND ACTIVITIES.—Job Corps centers 

5 may be residential or nonresidential in character, and shall 

6 be designed and operated so as to provide enrollees, in a 

7 well-supervised setting, with access to activities described 

8 in this subtitle. In any year, no more than 20 percent of 

9 the individuals enrolled in the Job Corps may be nonresi10 dential participants in the Job Corps. 

11 (d) CIVILIAN CONSERVATION CENTERS.— 

12 (1) IN GENERAL.—The Job Corps centers may 

13 include Civilian Conservation Centers, operated 

14 under an agreement between the Secretary of Labor 

15 and the Secretary of Agriculture, that are located pri16 marily in rural areas. Such centers shall provide, in 

17 addition to academics, career and technical education 

18 and training, and workforce preparation skills train19 ing, programs of work experience to conserve, develop, 

20 or manage public natural resources or public rec21 reational areas or to develop community projects in 

22 the public interest. 

23 (2) ASSISTANCE DURING DISASTERS.—Enrollees 

24 in Civilian Conservation Centers may provide assist25 ance in addressing national, State, and local disas-
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1 ters, consistent with current child labor laws (includ2 ing regulations). The Secretary of Agriculture shall 

3 ensure that with respect to the provision of such as4 sistance the enrollees are properly trained, equipped, 

5 supervised, and dispatched consistent with standards 

6 for the conservation and rehabilitation of wildlife es7 tablished under the Fish and Wildlife Coordination 

8 Act (16 U.S.C. 661 et seq.). 

9 (3) NATIONAL LIAISON.—The Secretary of Agri10 culture shall designate a Job Corps National Liaison 

11 to support the agreement under this section between 

12 the Departments of Labor and Agriculture. 

13 (e) INDIAN TRIBES.— 

14 (1) GENERAL AUTHORITY.—The Secretary may 

15 enter into agreements with Indian tribes to operate 

16 Job Corps centers for Indians. 

17 (2) DEFINITIONS.—In this subsection, the terms 

18 ‘‘Indian’’ and ‘‘Indian tribe’’ have the meanings 

19 given such terms in subsections (d) and (e), respec20 tively, of section 4 of the Indian Self-Determination 

21 and Education Assistance Act (25 U.S.C. 450b). 

22 (f) LENGTH OF AGREEMENT.—The agreement de23 scribed in subsection (a)(1)(A) shall be for not more than 

24 a 2-year period. The Secretary may exercise any contrac25 tual option to renew the agreement in 1-year increments 
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1 for not more than 3 additional years, consistent with the 

2 requirements of subsection (g). 

3 (g) RENEWAL CONDITIONS.— 

4 (1) IN GENERAL.—Subject to paragraph (2), the 

5 Secretary shall not renew the terms of an agreement 

6 for any 1-year additional period described in sub7 section (f) for an entity to operate a particular Job 

8 Corps center if, for both of the 2 most recent preceding 

9 program years for which information is available at 

10 the time the determination is made, or if a second 

11 program year is not available, the preceding year for 

12 which information is available, such center— 

13 (A) has been ranked in the lowest 10 per14 cent of Job Corps centers; and 

15 (B) failed to achieve an average of 50 per16 cent or higher of the expected level of perform17 ance under section 159(c)(1) with respect to each 

18 of the primary indicators of performance for eli19 gible youth described in section 116(b)(2)(A)(ii). 

20 (2) EXCEPTION.—Notwithstanding paragraph 

21 (1), the Secretary may exercise an option to renew the 

22 agreement for no more than 2 additional years if the 

23 Secretary determines such renewal would be in the 

24 best interest of the Job Corps program, taking into 

25 account factors including— 
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1 (A) significant improvements in program 

2 performance in carrying out a performance im3 provement plan under section 159(f)(2); 

4 (B) that the performance is due to cir5 cumstances beyond the control of the entity, such 

6 as an emergency or disaster, as defined in sec7 tion 170(a)(1); 

8 (C) a significant disruption in the oper9 ations of the center, including in the ability to 

10 continue to provide services to students, or sig11 nificant increase in the cost of such operations; 

12 or 

13 (D) a significant disruption in the procure14 ment process with respect to carrying out a com15 petition for the selection of a center operator. 

16 (3) DETAILED EXPLANATION.—If the Secretary 

17 exercises an option under paragraph (2), the Sec18 retary shall provide, to the Committee on Education 

19 and the Workforce of the House of Representatives 

20 and the Committee on Health, Education, Labor, and 

21 Pensions of the Senate, a detailed explanation of the 

22 rationale for exercising such option. 

23 (4) ADDITIONAL CONSIDERATIONS.—The Sec24 retary shall only renew the agreement of an entity to 

25 operate a Job Corps center if the entity— 
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1 (A) has a satisfactory record of integrity 

2 and business ethics; 

3 (B) has adequate financial resources to per4 form the agreement; 

5 (C) has the necessary organization, experi6 ence, accounting and operational controls, and 

7 technical skills; and 

8 (D) is otherwise qualified and eligible under 

9 applicable laws and regulations, including that 

10 the contractor is not under suspension or 

11 debarred from eligibility for Federal contracts. 

12 SEC. 148. PROGRAM ACTIVITIES. 

13 (a) ACTIVITIES PROVIDED BY JOB CORPS CENTERS.— 

14 (1) IN GENERAL.—Each Job Corps center shall 

15 provide enrollees with an intensive, well organized, 

16 and fully supervised program of education, including 

17 English language acquisition programs, career and 

18 technical education and training, work experience, 

19 work-based learning, recreational activities, physical 

20 rehabilitation and development, driver’s education, 

21 and counseling, which may include information about 

22 financial literacy. Each Job Corps center shall pro23 vide enrollees assigned to the center with access to ca24 reer services described in clauses (i) through (xi) of 

25 section 134(c)(2)(A). 
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1 (2) RELATIONSHIP TO OPPORTUNITIES.—The ac2 tivities provided under this subsection shall be tar3 geted to helping enrollees, on completion of their en4 rollment— 

5 (A) secure and maintain meaningful unsub6 sidized employment; 

7 (B) enroll in and complete secondary edu8 cation or postsecondary education or training 

9 programs, including other suitable career and 

10 technical education and training, and appren11 ticeship programs; or 

12 (C) satisfy Armed Forces requirements. 

13 (3) LINK TO EMPLOYMENT OPPORTUNITIES.— 

14 The career and technical education and training pro15 vided shall be linked to employment opportunities in 

16 in-demand industry sectors and occupations in the 

17 State or local area in which the Job Corps center is 

18 located and, to the extent practicable, in the State or 

19 local area in which the enrollee intends to seek em20 ployment after graduation. 

21 (b) ACADEMIC AND CAREER AND TECHNICAL EDU22 CATION AND TRAINING.—The Secretary may arrange for ca23 reer and technical education and training of enrollees 

24 through local public or private educational agencies, career 

25 and technical educational institutions, technical institutes, 
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1 or national service providers, whenever such entities provide 

2 education and training substantially equivalent in cost and 

3 quality to that which the Secretary could provide through 

4 other means. 

5 (c) ADVANCED CAREER TRAINING PROGRAMS.— 

6 (1) IN GENERAL.—The Secretary may arrange 

7 for programs of advanced career training for selected 

8 enrollees in which the enrollees may continue to par9 ticipate for a period of not to exceed 1 year in addi10 tion to the period of participation to which the enroll11 ees would otherwise be limited. The advanced career 

12 training may be provided through the eligible pro13 viders of training services identified under section 

14 122. 

15 (2) BENEFITS.—During the period of participa16 tion in an advanced career training program, an en17 rollee shall be eligible for full Job Corps benefits, or 

18 a monthly stipend equal to the average value of the 

19 residential support, food, allowances, and other bene20 fits provided to enrollees assigned to residential Job 

21 Corps centers. 

22 (3) DEMONSTRATION.—The Secretary shall de23 velop standards by which any operator seeking to en24 roll additional enrollees in an advanced career train-
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1 ing program shall demonstrate, before the operator 

2 may carry out such additional enrollment, that— 

3 (A) participants in such program have 

4 achieved a satisfactory rate of completion and 

5 placement in training-related jobs; and 

6 (B) for the most recently preceding 2 pro7 gram years, such operator has, on average, met 

8 or exceeded the expected levels of performance 

9 under section 159(c)(1) for each of the primary 

10 indicators of performance for eligible youth de11 scribed in section 116(b)(2)(A)(ii). 

12 (d) GRADUATE SERVICES.—In order to promote the re13 tention of graduates in employment or postsecondary edu14 cation, the Secretary shall arrange for the provision of job 

15 placement and support services to graduates for up to 12 

16 months after the date of graduation. Multiple resources, in17 cluding one-stop partners, may support the provision of 

18 these services, including services from the State vocational 

19 rehabilitation agency, to supplement job placement and job 

20 development efforts for Job Corps graduates who are indi21 viduals with disabilities. 

22 (e) CHILD CARE.—The Secretary shall, to the extent 

23 practicable, provide child care at or near Job Corps centers, 

24 for individuals who require child care for their children in 

25 order to participate in the Job Corps. 
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1 SEC. 149. COUNSELING AND JOB PLACEMENT. 

2 (a) ASSESSMENT AND COUNSELING.—The Secretary 

3 shall arrange for assessment and counseling for each en4 rollee at regular intervals to measure progress in the aca5 demic and career and technical education and training pro6 grams carried out through the Job Corps. 

7 (b) PLACEMENT.—The Secretary shall arrange for as8 sessment and counseling for enrollees prior to their sched9 uled graduations to determine their capabilities and, based 

10 on their capabilities, shall place the enrollees in employ11 ment leading to economic self-sufficiency for which the en12 rollees are trained or assist the enrollees in participating 

13 in further activities described in this subtitle. In arranging 

14 for the placement of graduates in jobs, the Secretary shall 

15 utilize the one-stop delivery system to the maximum extent 

16 practicable. 

17 (c) STATUS AND PROGRESS.—The Secretary shall de18 termine the status and progress of enrollees scheduled for 

19 graduation and make every effort to assure that their needs 

20 for further activities described in this subtitle are met. 

21 (d) SERVICES TO FORMER ENROLLEES.—The Sec22 retary may provide such services as the Secretary deter23 mines to be appropriate under this subtitle to former enroll24 ees. 
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1 SEC. 150. SUPPORT. 

2 (a) PERSONAL ALLOWANCES.—The Secretary may 

3 provide enrollees assigned to Job Corps centers with such 

4 personal allowances as the Secretary may determine to be 

5 necessary or appropriate to meet the needs of the enrollees. 

6 (b) TRANSITION ALLOWANCES.—The Secretary shall 

7 arrange for a transition allowance to be paid to graduates. 

8 The transition allowance shall be incentive-based to reflect 

9 a graduate’s completion of academic, career and technical 

10 education or training, and attainment of recognized post11 secondary credentials. 

12 (c) TRANSITION SUPPORT.—The Secretary may ar13 range for the provision of 3 months of employment services 

14 for former enrollees. 

15 SEC. 151. OPERATIONS. 

16 (a) OPERATING PLAN.—The provisions of the contract 

17 between the Secretary and an entity selected to operate a 

18 Job Corps center shall, at a minimum, serve as an oper19 ating plan for the Job Corps center. 

20 (b) ADDITIONAL INFORMATION.—The Secretary may 

21 require the operator, in order to remain eligible to operate 

22 the Job Corps center, to submit such additional information 

23 as the Secretary may require, which shall be considered 

24 part of the operating plan. 
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1 (c) AVAILABILITY.—The Secretary shall make the oper2 ating plan described in subsections (a) and (b), excluding 

3 any proprietary information, available to the public. 

4 SEC. 152. STANDARDS OF CONDUCT. 

5 (a) PROVISION AND ENFORCEMENT.—The Secretary 

6 shall provide, and directors of Job Corps centers shall strin7 gently enforce, standards of conduct within the centers. 

8 Such standards of conduct shall include provisions forbid9 ding the actions described in subsection (b)(2)(A). 

10 (b) DISCIPLINARY MEASURES.— 

11 (1) IN GENERAL.—To promote the proper behav12 ioral standards in the Job Corps, the directors of Job 

13 Corps centers shall have the authority to take appro14 priate disciplinary measures against enrollees if such 

15 a director determines that an enrollee has committed 

16 a violation of the standards of conduct. The director 

17 shall dismiss the enrollee from the Job Corps if the di18 rector determines that the retention of the enrollee in 

19 the Job Corps will jeopardize the enforcement of such 

20 standards, threaten the safety of staff, students, or the 

21 local community, or diminish the opportunities of 

22 other enrollees. 

23 (2) ZERO TOLERANCE POLICY AND DRUG TEST24 ING.— 
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1 (A) GUIDELINES.—The Secretary shall 

2 adopt guidelines establishing a zero tolerance 

3 policy for an act of violence, for use, sale, or pos4 session of a controlled substance, for abuse of al5 cohol, or for other illegal or disruptive activity. 

6 (B) DRUG TESTING.—The Secretary shall 

7 require drug testing of all enrollees for controlled 

8 substances in accordance with procedures pre9 scribed by the Secretary under section 145(a). 

10 (C) DEFINITIONS.—In this paragraph: 

11 (i) CONTROLLED SUBSTANCE.—The 

12 term ‘‘controlled substance’’ has the mean13 ing given the term in section 102 of the 

14 Controlled Substances Act (21 U.S.C. 802). 

15 (ii) ZERO TOLERANCE POLICY.—The 

16 term ‘‘zero tolerance policy’’ means a policy 

17 under which an enrollee shall be automati18 cally dismissed from the Job Corps after a 

19 determination by the director that the en20 rollee has carried out an action described in 

21 subparagraph (A). 

22 (c) APPEAL.—A disciplinary measure taken by a di23 rector under this section shall be subject to expeditious ap24 peal in accordance with procedures established by the Sec25 retary. 
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1 SEC. 153. COMMUNITY PARTICIPATION. 

2 (a) BUSINESS AND COMMUNITY PARTICIPATION.—The 

3 director of each Job Corps center shall ensure the establish4 ment and development of the mutually beneficial business 

5 and community relationships and networks described in 

6 subsection (b), including the use of local boards, in order 

7 to enhance the effectiveness of such centers. 

8 (b) NETWORKS.—The activities carried out by each 

9 Job Corps center under this section shall include— 

10 (1) establishing and developing relationships and 

11 networks with— 

12 (A) local and distant employers, to the ex13 tent practicable, in coordination with entities 

14 carrying out other Federal and non-Federal pro15 grams that conduct similar outreach to employ16 ers; 

17 (B) applicable one-stop centers and applica18 ble local boards, for the purpose of providing— 

19 (i) information to, and referral of, po20 tential enrollees; and 

21 (ii) job opportunities for Job Corps 

22 graduates; and 

23 (C)(i) entities carrying out relevant appren24 ticeship programs and youth programs; 

25 (ii) labor-management organizations and 

26 local labor organizations; 
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1 (iii) employers and contractors that support 

2 national training contractor programs; and 

3 (iv) community-based organizations, non4 profit organizations, and intermediaries pro5 viding workforce development-related services; 

6 and 

7 (2) establishing and developing relationships 

8 with members of the community in which the Job 

9 Corps center is located, informing members of the 

10 community about the projects of the Job Corps center 

11 and changes in the rules, procedures, or activities of 

12 the center that may affect the community, and plan13 ning events of mutual interest to the community and 

14 the Job Corps center. 

15 (c) NEW CENTERS.—The director of a Job Corps center 

16 that is not yet operating shall ensure the establishment and 

17 development of the relationships and networks described in 

18 subsection (b) at least 3 months prior to the date on which 

19 the center accepts the first enrollee at the center. 

20 SEC. 154. WORKFORCE COUNCILS. 

21 (a) IN GENERAL.—Each Job Corps center shall have 

22 a workforce council, appointed by the director of the center, 

23 in accordance with procedures established by the Secretary. 

24 (b) WORKFORCE COUNCIL COMPOSITION.— 
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1 (1) IN GENERAL.—A workforce council shall be 

2 comprised of— 

3 (A) a majority of members who shall be 

4 owners of business concerns, chief executives or 

5 chief operating officers of nongovernmental em6 ployers, or other private sector employers, who— 

7 (i) have substantial management, hir8 ing, or policy responsibility; and 

9 (ii) represent businesses with employ10 ment opportunities that reflect the employ11 ment opportunities of the applicable local 

12 areas in which enrollees will be seeking em13 ployment; 

14 (B) representatives of labor organizations 

15 (where present) and representatives of employees; 

16 and 

17 (C) enrollees and graduates of the Job 

18 Corps. 

19 (2) LOCAL BOARD.—The workforce council may 

20 include members of the applicable local boards who 

21 meet the requirements described in paragraph (1). 

22 (3) EMPLOYERS OUTSIDE OF LOCAL AREA.—The 

23 workforce council for a Job Corps center may include, 

24 or otherwise provide for consultation with, employers 

25 from outside the local area who are likely to hire a 
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1 significant number of enrollees from the Job Corps 

2 center. 

3 (4) SPECIAL RULE FOR SINGLE STATE LOCAL

4 AREAS.—In the case of a single State local area des5 ignated under section 106(d), the workforce council 

6 shall include a representative of the State Board. 

7 (c) RESPONSIBILITIES.—The responsibilities of the 

8 workforce council shall be— 

9 (1) to work closely with all applicable local 

10 boards in order to determine, and recommend to the 

11 Secretary, appropriate career and technical education 

12 and training for the center; 

13 (2) to review all the relevant labor market infor14 mation, including related information in the State 

15 plan or the local plan, to— 

16 (A) recommend the in-demand industry sec17 tors or occupations in the area in which the Job 

18 Corps center operates; 

19 (B) determine the employment opportuni20 ties in the local areas in which the enrollees in21 tend to seek employment after graduation; 

22 (C) determine the skills and education that 

23 are necessary to obtain the employment opportu24 nities; and 
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1 (D) recommend to the Secretary the type of 

2 career and technical education and training that 

3 should be implemented at the center to enable the 

4 enrollees to obtain the employment opportunities; 

5 and 

6 (3) to meet at least once every 6 months to re7 evaluate the labor market information, and other rel8 evant information, to determine, and recommend to 

9 the Secretary, any necessary changes in the career 

10 and technical education and training provided at the 

11 center. 

12 (d) NEW CENTERS.—The workforce council for a Job 

13 Corps center that is not yet operating shall carry out the 

14 responsibilities described in subsection (c) at least 3 months 

15 prior to the date on which the center accepts the first en16 rollee at the center. 

17 SEC. 155. ADVISORY COMMITTEES. 

18 The Secretary may establish and use advisory commit19 tees in connection with the operation of the Job Corps pro20 gram, and the operation of Job Corps centers, whenever the 

21 Secretary determines that the availability of outside advice 

22 and counsel on a regular basis would be of substantial ben23 efit in identifying and overcoming problems, in planning 

24 program or center development, or in strengthening rela-
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1 tionships between the Job Corps and agencies, institutions, 

2 or groups engaged in related activities. 

3 SEC. 156. EXPERIMENTAL PROJECTS AND TECHNICAL AS4 SISTANCE. 

5 (a) PROJECTS.—The Secretary may carry out experi6 mental, research, or demonstration projects relating to car7 rying out the Job Corps program. The Secretary may waive 

8 any provisions of this subtitle that the Secretary finds 

9 would prevent the Secretary from carrying out the projects 

10 if the Secretary informs the Committee on Education and 

11 the Workforce of the House of Representatives and the Com12 mittee on Health, Education, Labor, and Pensions of the 

13 Senate, in writing, not less than 90 days in advance of 

14 issuing such waiver. 

15 (b) TECHNICAL ASSISTANCE.—From the funds pro16 vided under section 162 (for the purposes of administration), the Secretary may reserve 1 17 ⁄4 of 1 percent to provide, 

18 directly or through grants, contracts, or other agreements 

19 or arrangements as the Secretary considers appropriate, 

20 technical assistance for the Job Corps program for the pur21 pose of improving program quality. Such assistance shall 

22 include— 

23 (1) assisting Job Corps centers and programs— 

24 (A) in correcting deficiencies under, and 

25 violations of, this subtitle; 
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1 (B) in meeting or exceeding the expected 

2 levels of performance under section 159(c)(1) for 

3 the indicators of performance described in sec4 tion 116(b)(2)(A); 

5 (C) in the development of sound manage6 ment practices, including financial management 

7 procedures; and 

8 (2) assisting entities, including entities not cur9 rently operating a Job Corps center, in developing the 

10 additional selection factors information described in 

11 section 147(a)(3). 

12 SEC. 157. APPLICATION OF PROVISIONS OF FEDERAL LAW. 

13 (a) ENROLLEES NOT CONSIDERED TO BE FEDERAL

14 EMPLOYEES.— 

15 (1) IN GENERAL.—Except as otherwise provided 

16 in this subsection and in section 8143(a) of title 5, 

17 United States Code, enrollees shall not be considered 

18 to be Federal employees and shall not be subject to the 

19 provisions of law relating to Federal employment, in20 cluding such provisions regarding hours of work, rates 

21 of compensation, leave, unemployment compensation, 

22 and Federal employee benefits. 

23 (2) PROVISIONS RELATING TO TAXES AND SOCIAL

24 SECURITY BENEFITS.—For purposes of the Internal 

25 Revenue Code of 1986 and title II of the Social Secu-
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1 rity Act (42 U.S.C. 401 et seq.), enrollees shall be 

2 deemed to be employees of the United States and any 

3 service performed by an individual as an enrollee 

4 shall be deemed to be performed in the employ of the 

5 United States. 

6 (3) PROVISIONS RELATING TO COMPENSATION TO

7 FEDERAL EMPLOYEES FOR WORK INJURIES.—For 

8 purposes of subchapter I of chapter 81 of title 5, 

9 United States Code (relating to compensation to Fed10 eral employees for work injuries), enrollees shall be 

11 deemed to be civil employees of the Government of the 

12 United States within the meaning of the term ‘‘em13 ployee’’ as defined in section 8101 of title 5, United 

14 States Code, and the provisions of such subchapter 

15 shall apply as specified in section 8143(a) of title 5, 

16 United States Code. 

17 (4) FEDERAL TORT CLAIMS PROVISIONS.—For 

18 purposes of the Federal tort claims provisions in title 

19 28, United States Code, enrollees shall be considered 

20 to be employees of the Government. 

21 (b) ADJUSTMENTS AND SETTLEMENTS.—Whenever the 

22 Secretary finds a claim for damages to a person or property 

23 resulting from the operation of the Job Corps to be a proper 

24 charge against the United States, and the claim is not cog25 nizable under section 2672 of title 28, United States Code, 
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1 the Secretary may adjust and settle the claim in an amount 

2 not exceeding $1,500. 

3 (c) PERSONNEL OF THE UNIFORMED SERVICES.—Per4 sonnel of the uniformed services who are detailed or as5 signed to duty in the performance of agreements made by 

6 the Secretary for the support of the Job Corps shall not be 

7 counted in computing strength under any law limiting the 

8 strength of such services or in computing the percentage au9 thorized by law for any grade in such services. 

10 SEC. 158. SPECIAL PROVISIONS. 

11 (a) ENROLLMENT.—The Secretary shall ensure that 

12 women and men have an equal opportunity to participate 

13 in the Job Corps program, consistent with section 145. 

14 (b) STUDIES, EVALUATIONS, PROPOSALS, AND

15 DATA.—The Secretary shall assure that all studies, evalua16 tions, proposals, and data produced or developed with Fed17 eral funds in the course of carrying out the Job Corps pro18 gram shall become the property of the United States. 

19 (c) TRANSFER OF PROPERTY.— 

20 (1) IN GENERAL.—Notwithstanding chapter 5 of 

21 title 40, United States Code, and any other provision 

22 of law, the Secretary and the Secretary of Education 

23 shall receive priority by the Secretary of Defense for 

24 the direct transfer, on a nonreimbursable basis, of the 

25 property described in paragraph (2) for use in car-
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1 rying out programs under this Act or under any 

2 other Act. 

3 (2) PROPERTY.—The property described in this 

4 paragraph is real and personal property under the 

5 control of the Department of Defense that is not used 

6 by such Department, including property that the Sec7 retary of Defense determines is in excess of current 

8 and projected requirements of such Department. 

9 (d) GROSS RECEIPTS.—Transactions conducted by a 

10 private for-profit or nonprofit entity that is an operator 

11 or service provider for a Job Corps center shall not be con12 sidered to be generating gross receipts. Such an operator 

13 or service provider shall not be liable, directly or indirectly, 

14 to any State or subdivision of a State (nor to any person 

15 acting on behalf of such a State or subdivision) for any 

16 gross receipts taxes, business privilege taxes measured by 

17 gross receipts, or any similar taxes imposed on, or meas18 ured by, gross receipts in connection with any payments 

19 made to or by such entity for operating or providing serv20 ices to a Job Corps center. Such an operator or service pro21 vider shall not be liable to any State or subdivision of a 

22 State to collect or pay any sales, excise, use, or similar tax 

23 imposed on the sale to or use by such operator or service 

24 provider of any property, service, or other item in connec-
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1 tion with the operation of or provision of services to a Job 

2 Corps center. 

3 (e) MANAGEMENT FEE.—The Secretary shall provide 

4 each operator and (in an appropriate case, as determined 

5 by the Secretary) service provider with an equitable and 

6 negotiated management fee of not less than 1 percent of the 

7 amount of the funding provided under the appropriate 

8 agreement specified in section 147. 

9 (f) DONATIONS.—The Secretary may accept on behalf 

10 of the Job Corps or individual Job Corps centers charitable 

11 donations of cash or other assistance, including equipment 

12 and materials, if such donations are available for appro13 priate use for the purposes set forth in this subtitle. 

14 (g) SALE OF PROPERTY.—Notwithstanding any other 

15 provision of law, if the Administrator of General Services 

16 sells a Job Corps center facility, the Administrator shall 

17 transfer the proceeds from the sale to the Secretary, who 

18 shall use the proceeds to carry out the Job Corps program. 

19 SEC. 159. MANAGEMENT INFORMATION. 

20 (a) FINANCIAL MANAGEMENT INFORMATION SYS21 TEM.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 procedures to ensure that each operator, and each 

24 service provider, maintains a financial management 

25 information system that will provide— 
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1 (A) accurate, complete, and current disclo2 sures of the costs of Job Corps operations; and 

3 (B) sufficient data for the effective evalua4 tion of activities carried out through the Job 

5 Corps program. 

6 (2) ACCOUNTS.—Each operator and service pro7 vider shall maintain funds received under this sub8 title in accounts in a manner that ensures timely and 

9 accurate reporting as required by the Secretary. 

10 (3) FISCAL RESPONSIBILITY.—Operators shall 

11 remain fiscally responsible and control costs, regard12 less of whether the funds made available for Job Corps 

13 centers are incrementally increased or decreased be14 tween fiscal years. 

15 (b) AUDIT.— 

16 (1) ACCESS.—The Secretary, the Inspector Gen17 eral of the Department of Labor, the Comptroller Gen18 eral of the United States, and any of their duly au19 thorized representatives, shall have access to any 

20 books, documents, papers, and records of the operators 

21 and service providers described in subsection (a) that 

22 are pertinent to the Job Corps program, for purposes 

23 of conducting surveys, audits, and evaluations of the 

24 operators and service providers. 
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1 (2) SURVEYS, AUDITS, AND EVALUATIONS.—The 

2 Secretary shall survey, audit, or evaluate, or arrange 

3 for the survey, audit, or evaluation of, the operators 

4 and service providers, using Federal auditors or inde5 pendent public accountants. The Secretary shall con6 duct such surveys, audits, or evaluations not less often 

7 than once every 3 years. 

8 (c) INFORMATION ON INDICATORS OF PERFORM9 ANCE.— 

10 (1) LEVELS OF PERFORMANCE AND INDICA11 TORS.—The Secretary shall annually establish ex12 pected levels of performance for a Job Corps center 

13 and the Job Corps program relating to each of the 

14 primary indicators of performance for eligible youth 

15 described in section 116(b)(2)(A)(ii). 

16 (2) PERFORMANCE OF RECRUITERS.—The Sec17 retary shall also establish performance indicators, 

18 and expected levels of performance on the performance 

19 indicators, for recruitment service providers serving 

20 the Job Corps program. The performance indicators 

21 shall relate to— 

22 (A) the number of enrollees recruited, com23 pared to the established goals for such recruit24 ment, and the number of enrollees who remain 
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1 committed to the program for 90 days after en2 rollment; and 

3 (B) the measurements described in subpara4 graphs (I), (L), and (M) of subsection (d)(1). 

5 (3) PERFORMANCE OF CAREER TRANSITION

6 SERVICE PROVIDERS.—The Secretary shall also estab7 lish performance indicators, and expected perform8 ance levels on the performance indicators, for career 

9 transition service providers serving the Job Corps 

10 program. The performance indicators shall relate to— 

11 (A) the primary indicators of performance 

12 for eligible youth described in section 

13 116(b)(2)(A)(ii); and 

14 (B) the measurements described in subpara15 graphs (D), (E), (H), (J), and (K) of subsection 

16 (d)(1). 

17 (4) REPORT.—The Secretary shall collect, and 

18 annually submit to the Committee on Education and 

19 the Workforce of the House of Representatives and the 

20 Committee on Health, Education, Labor, and Pen21 sions of the Senate, a report including— 

22 (A) information on the performance of each 

23 Job Corps center, and the Job Corps program, 

24 based on the performance indicators described in 

25 paragraph (1), as compared to the expected level 
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1 of performance established under such paragraph 

2 for each performance indicator; and 

3 (B) information on the performance of the 

4 service providers described in paragraphs (2) 

5 and (3) on the performance indicators estab6 lished under such paragraphs, as compared to 

7 the expected level of performance established for 

8 each performance indicator. 

9 (d) ADDITIONAL INFORMATION.— 

10 (1) IN GENERAL.—The Secretary shall also col11 lect, and submit in the report described in subsection 

12 (c)(4), information on the performance of each Job 

13 Corps center, and the Job Corps program, regard14 ing— 

15 (A) the number of enrollees served; 

16 (B) demographic information on the enroll17 ees served, including age, race, gender, and edu18 cation and income level; 

19 (C) the number of graduates of a Job Corps 

20 center; 

21 (D) the number of graduates who entered 

22 the Armed Forces; 

23 (E) the number of graduates who entered 

24 apprenticeship programs; 
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1 (F) the number of graduates who received a 

2 regular secondary school diploma; 

3 (G) the number of graduates who received a 

4 State recognized equivalent of a secondary school 

5 diploma; 

6 (H) the number of graduates who entered 

7 unsubsidized employment related to the career 

8 and technical education and training received 

9 through the Job Corps program and the number 

10 who entered unsubsidized employment not re11 lated to the education and training received; 

12 (I) the percentage and number of former en13 rollees, including the number dismissed under 

14 the zero tolerance policy described in section 

15 152(b); 

16 (J) the percentage and number of graduates 

17 who enter postsecondary education; 

18 (K) the average wage of graduates who enter 

19 unsubsidized employment— 

20 (i) on the first day of such employ21 ment; and 

22 (ii) on the day that is 6 months after 

23 such first day; 

24 (L) the percentages of enrollees described in 

25 subparagraphs (A) and (B) of section 145(c)(1), 
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1 as compared to the percentage targets established 

2 by the Secretary under such section for the cen3 ter; 

4 (M) the cost per enrollee, which is calculated 

5 by comparing the number of enrollees at the cen6 ter in a program year to the total budget for 

7 such center in the same program year; 

8 (N) the cost per graduate, which is cal9 culated by comparing the number of graduates of 

10 the center in a program year compared to the 

11 total budget for such center in the same program 

12 year; and 

13 (O) any additional information required by 

14 the Secretary. 

15 (2) RULES FOR REPORTING OF DATA.—The 

16 disaggregation of data under this subsection shall not 

17 be required when the number of individuals in a cat18 egory is insufficient to yield statistically reliable in19 formation or when the results would reveal personally 

20 identifiable information about an individual. 

21 (e) METHODS.—The Secretary shall collect the infor22 mation described in subsections (c) and (d), using methods 

23 described in section 116(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) PERFORMANCE ASSESSMENTS AND IMPROVE4 MENTS.— 

5 (1) ASSESSMENTS.—The Secretary shall conduct 

6 an annual assessment of the performance of each Job 

7 Corps center. Based on the assessment, the Secretary 

8 shall take measures to continuously improve the per9 formance of the Job Corps program. 

10 (2) PERFORMANCE IMPROVEMENT.—With respect 

11 to a Job Corps center that fails to meet the expected 

12 levels of performance relating to the primary indica13 tors of performance specified in subsection (c)(1), the 

14 Secretary shall develop and implement a performance 

15 improvement plan. Such a plan shall require action 

16 to be taken during a 1-year period, including— 

17 (A) providing technical assistance to the 

18 center; 

19 (B) changing the career and technical edu20 cation and training offered at the center; 

21 (C) changing the management staff of the 

22 center; 

23 (D) replacing the operator of the center; 

24 (E) reducing the capacity of the center; 

25 (F) relocating the center; or 
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1 (G) closing the center. 

2 (3) ADDITIONAL PERFORMANCE IMPROVEMENT.— 

3 In addition to the performance improvement plans re4 quired under paragraph (2), the Secretary may de5 velop and implement additional performance im6 provement plans. Such a plan shall require improve7 ments, including the actions described in such para8 graph, for a Job Corps center that fails to meet cri9 teria established by the Secretary other than the ex10 pected levels of performance described in such para11 graph. 

12 (4) CIVILIAN CONSERVATION CENTERS.—With re13 spect to a Civilian Conservation Center that fails to 

14 meet the expected levels of performance relating to the 

15 primary indicators of performance specified in sub16 section (c)(1) or fails to improve performance as de17 scribed in paragraph (2) after 3 program years, the 

18 Secretary, in consultation with the Secretary of Agri19 culture, shall select an entity to operate the Civilian 

20 Conservation Center on a competitive basis, in ac21 cordance with the requirements of section 147. 

22 (g) PARTICIPANT HEALTH AND SAFETY.— 

23 (1) CENTER.—The Secretary shall ensure that a 

24 review by an appropriate Federal, State, or local en-
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1 tity of the physical condition and health-related ac2 tivities of each Job Corps center occurs annually. 

3 (2) WORK-BASED LEARNING LOCATIONS.—The 

4 Secretary shall require that an entity that has entered 

5 into a contract to provide work-based learning activi6 ties for any Job Corps enrollee under this subtitle 

7 shall comply with the Occupational Safety and 

8 Health Act of 1970 (29 U.S.C. 651 et seq.) or, as ap9 propriate, under the corresponding State Occupa10 tional Safety and Health Act of 1970 requirements in 

11 the State in which such activities occur. 

12 (h) BUILDINGS AND FACILITIES.—The Secretary shall 

13 collect, and submit in the report described in subsection 

14 (c)(4), information regarding the state of Job Corps build15 ings and facilities. Such report shall include— 

16 (1) a review of requested construction, rehabilita17 tion, and acquisition projects, by each Job Corps cen18 ter; and 

19 (2) a review of new facilities under construction. 

20 (i) NATIONAL AND COMMUNITY SERVICE.—The Sec21 retary shall include in the report described in subsection 

22 (c)(4) available information regarding the national and 

23 community service activities of enrollees, particularly those 

24 enrollees at Civilian Conservation Centers. 
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1 (j) CLOSURE OF JOB CORPS CENTER.—Prior to the 

2 closure of any Job Corps center, the Secretary shall en3 sure— 

4 (1) that the proposed decision to close the center 

5 is announced in advance to the general public 

6 through publication in the Federal Register or other 

7 appropriate means; 

8 (2) the establishment of a reasonable comment 

9 period, not to exceed 30 days, for interested individ10 uals to submit written comments to the Secretary; 

11 and 

12 (3) that the Member of Congress who represents 

13 the district in which such center is located is notified 

14 within a reasonable period of time in advance of any 

15 final decision to close the center. 

16 SEC. 160. GENERAL PROVISIONS. 

17 The Secretary is authorized to— 

18 (1) disseminate, with regard to the provisions of 

19 section 3204 of title 39, United States Code, data and 

20 information in such forms as the Secretary shall de21 termine to be appropriate, to public agencies, private 

22 organizations, and the general public; 

23 (2) subject to section 157(b), collect or com24 promise all obligations to or held by the Secretary 

25 and exercise all legal or equitable rights accruing to 
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1 the Secretary in connection with the payment of obli2 gations until such time as such obligations may be re3 ferred to the Attorney General for suit or collection; 

4 and 

5 (3) expend funds made available for purposes of 

6 this subtitle— 

7 (A) for printing and binding, in accordance 

8 with applicable law (including regulation); and 

9 (B) without regard to any other law (in10 cluding regulation), for rent of buildings and 

11 space in buildings and for repair, alteration, 

12 and improvement of buildings and space in 

13 buildings rented by the Secretary, except that the 

14 Secretary shall not expend funds under the au15 thority of this subparagraph— 

16 (i) except when necessary to obtain an 

17 item, service, or facility, that is required in 

18 the proper administration of this subtitle, 

19 and that otherwise could not be obtained, or 

20 could not be obtained in the quantity or 

21 quality needed, or at the time, in the form, 

22 or under the conditions in which the item, 

23 service, or facility is needed; and 

24 (ii) prior to having given written noti25 fication to the Administrator of General 
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1 Services (if the expenditure would affect an 

2 activity that otherwise would be under the 

3 jurisdiction of the General Services Admin4 istration) of the intention of the Secretary 

5 to make the expenditure, and the reasons 

6 and justifications for the expenditure. 

7 SEC. 161. JOB CORPS OVERSIGHT AND REPORTING. 

8 (a) TEMPORARY FINANCIAL REPORTING.— 

9 (1) IN GENERAL.—During the periods described 

10 in paragraphs (2) and (3)(B), the Secretary shall 

11 prepare and submit to the applicable committees fi12 nancial reports regarding the Job Corps program 

13 under this subtitle. Each such financial report shall 

14 include— 

15 (A) information regarding the implementa16 tion of the financial oversight measures suggested 

17 in the May 31, 2013, report of the Office of In18 spector General of the Department of Labor enti19 tled ‘‘The U.S. Department of Labor’s Employ20 ment and Training Administration Needs to 

21 Strengthen Controls over Job Corps Funds’’; 

22 (B) a description of any budgetary short23 falls for the program for the period covered by 

24 the financial report, and the reasons for such 

25 shortfalls; and 
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1 (C) a description and explanation for any 

2 approval for contract expenditures that are in 

3 excess of the amounts provided for under the con4 tract. 

5 (2) TIMING OF REPORTS.—The Secretary shall 

6 submit a financial report under paragraph (1) once 

7 every 6 months beginning on the date of enactment of 

8 this Act, for a 3-year period. After the completion of 

9 such 3-year period, the Secretary shall submit a fi10 nancial report under such paragraph once a year for 

11 the next 2 years, unless additional reports are re12 quired under paragraph (3)(B). 

13 (3) REPORTING REQUIREMENTS IN CASES OF

14 BUDGETARY SHORTFALLS.—If any financial report 

15 required under this subsection finds that the Job 

16 Corps program under this subtitle has a budgetary 

17 shortfall for the period covered by the report, the Sec18 retary shall— 

19 (A) not later than 90 days after the budg20 etary shortfall was identified, submit a report to 

21 the applicable committees explaining how the 

22 budgetary shortfall will be addressed; and 

23 (B) submit an additional financial report 

24 under paragraph (1) for each 6-month period 

25 subsequent to the finding of the budgetary short-
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1 fall until the Secretary demonstrates, through 

2 such report, that the Job Corps program has no 

3 budgetary shortfall. 

4 (b) THIRD-PARTY REVIEW.—Every 5 years after the 

5 date of enactment of this Act, the Secretary shall provide 

6 for a third-party review of the Job Corps program under 

7 this subtitle that addresses all of the areas described in sub8 paragraphs (A) through (G) of section 169(a)(2). The re9 sults of the review shall be submitted to the Committee on 

10 Education and the Workforce of the House of Representa11 tives and the Committee on Health, Education, Labor, and 

12 Pensions of the Senate. 

13 (c) CRITERIA FOR JOB CORPS CENTER CLOSURES.— 

14 By not later than December 1, 2014, the Secretary shall 

15 establish written criteria that the Secretary shall use to de16 termine when a Job Corps center supported under this sub17 title is to be closed and how to carry out such closure, and 

18 shall submit such criteria to the applicable committees. 

19 (d) DEFINITION OF APPLICABLE COMMITTEES.—In 

20 this section, the term ‘‘applicable committees’’ means— 

21 (1) the Committee on Education and the Work22 force of the House of Representatives; 

23 (2) the Subcommittee on Labor, Health and 

24 Human Services, Education, and Related Agencies of 
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1 the Committee of Appropriations of the House of Rep2 resentatives; 

3 (3) the Committee on Health, Education, Labor, 

4 and Pensions of the Senate; and 

5 (4) the Subcommittee on Labor, Health and 

6 Human Services, Education, and Related Agencies of 

7 the Committee of Appropriations of the Senate. 

8 SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

10 this subtitle— 

11 (1) $1,688,155,000 for fiscal year 2015; 

12 (2) $1,818,548,000 for fiscal year 2016; 

13 (3) $1,856,283,000 for fiscal year 2017; 

14 (4) $1,897,455,000 for fiscal year 2018; 

15 (5) $1,942,064,000 for fiscal year 2019; and 

16 (6) $1,983,236,000 for fiscal year 2020. 

17 Subtitle D—National Programs 

18 SEC. 166. NATIVE AMERICAN PROGRAMS. 

19 (a) PURPOSE.— 

20 (1) IN GENERAL.—The purpose of this section is 

21 to support employment and training activities for In22 dian, Alaska Native, and Native Hawaiian individ23 uals in order— 
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1 (A) to develop more fully the academic, oc2 cupational, and literacy skills of such individ3 uals; 

4 (B) to make such individuals more competi5 tive in the workforce and to equip them with the 

6 entrepreneurial skills necessary for successful 

7 self-employment; and 

8 (C) to promote the economic and social de9 velopment of Indian, Alaska Native, and Native 

10 Hawaiian communities in accordance with the 

11 goals and values of such communities. 

12 (2) INDIAN POLICY.—All programs assisted 

13 under this section shall be administered in a manner 

14 consistent with the principles of the Indian Self-De15 termination and Education Assistance Act (25 U.S.C. 

16 450 et seq.) and the government-to-government rela17 tionship between the Federal Government and Indian 

18 tribal governments. 

19 (b) DEFINITIONS.—As used in this section: 

20 (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ 

21 includes a Native and a descendant of a Native, as 

22 such terms are defined in subsections (b) and (r) of 

23 section 3 of the Alaska Native Claims Settlement Act 

24 (43 U.S.C. 1602(b), (r)). 
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1 (2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANI2 ZATION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, and 

3 ‘‘tribal organization’’ have the meanings given such 

4 terms in subsections (d), (e), and (l), respectively, of 

5 section 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 450b). 

7 (3) NATIVE HAWAIIAN AND NATIVE HAWAIIAN OR8 GANIZATION.—The terms ‘‘Native Hawaiian’’ and 

9 ‘‘Native Hawaiian organization’’ have the meanings 

10 given such terms in section 7207 of the Native Ha11 waiian Education Act (20 U.S.C. 7517). 

12 (c) PROGRAM AUTHORIZED.—Every 4 years, the Sec13 retary shall, on a competitive basis, make grants to, or enter 

14 into contracts or cooperative agreements with, Indian 

15 tribes, tribal organizations, Alaska Native entities, Indian16 controlled organizations serving Indians, or Native Hawai17 ian organizations to carry out the authorized activities de18 scribed in subsection (d). 

19 (d) AUTHORIZED ACTIVITIES.— 

20 (1) IN GENERAL.—Funds made available under 

21 subsection (c) shall be used to carry out the activities 

22 described in paragraph (2) that— 

23 (A) are consistent with this section; and 

24 (B) are necessary to meet the needs of Indi25 ans, Alaska Natives, or Native Hawaiians pre-
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1 paring to enter, reenter, or retain unsubsidized 

2 employment leading to self-sufficiency. 

3 (2) WORKFORCE DEVELOPMENT ACTIVITIES AND

4 SUPPLEMENTAL SERVICES.— 

5 (A) IN GENERAL.—Funds made available 

6 under subsection (c) shall be used for— 

7 (i) comprehensive workforce develop8 ment activities for Indians, Alaska Natives, 

9 or Native Hawaiians, including training on 

10 entrepreneurial skills; or 

11 (ii) supplemental services for Indian, 

12 Alaska Native, or Native Hawaiian youth 

13 on or near Indian reservations and in 

14 Oklahoma, Alaska, or Hawaii. 

15 (B) SPECIAL RULE.—Notwithstanding any 

16 other provision of this section, individuals who 

17 were eligible to participate in programs under 

18 section 401 of the Job Training Partnership Act 

19 (as such section was in effect on the day before 

20 the date of enactment of the Workforce Invest21 ment Act of 1998) shall be eligible to participate 

22 in an activity assisted under this section. 

23 (e) PROGRAM PLAN.—In order to receive a grant or 

24 enter into a contract or cooperative agreement under this 

25 section, an entity described in subsection (c) shall submit 
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1 to the Secretary a program plan that describes a 4-year 

2 strategy for meeting the needs of Indian, Alaska Native, or 

3 Native Hawaiian individuals, as appropriate, in the area 

4 served by such entity. Such plan shall— 

5 (1) be consistent with the purpose of this section; 

6 (2) identify the population to be served; 

7 (3) identify the education and employment needs 

8 of the population to be served and the manner in 

9 which the activities to be provided will strengthen the 

10 ability of the individuals served to obtain or retain 

11 unsubsidized employment leading to self-sufficiency; 

12 (4) describe the activities to be provided and the 

13 manner in which such activities are to be integrated 

14 with other appropriate activities; and 

15 (5) describe, after the entity submitting the plan 

16 consults with the Secretary, the performance account17 ability measures to be used to assess the performance 

18 of entities in carrying out the activities assisted 

19 under this section, which shall include the primary 

20 indicators of performance described in section 

21 116(b)(2)(A) and expected levels of performance for 

22 such indicators, in accordance with subsection (h). 

23 (f) CONSOLIDATION OF FUNDS.—Each entity receiving 

24 assistance under subsection (c) may consolidate such assist25 ance with assistance received from related programs in ac-
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1 cordance with the provisions of the Indian Employment, 

2 Training and Related Services Demonstration Act of 1992 

3 (25 U.S.C. 3401 et seq.). 

4 (g) NONDUPLICATIVE AND NONEXCLUSIVE SERV5 ICES.—Nothing in this section shall be construed— 

6 (1) to limit the eligibility of any entity described 

7 in subsection (c) to participate in any activity offered 

8 by a State or local entity under this Act; or 

9 (2) to preclude or discourage any agreement, be10 tween any entity described in subsection (c) and any 

11 State or local entity, to facilitate the provision of 

12 services by such entity or to the population served by 

13 such entity. 

14 (h) PERFORMANCE ACCOUNTABILITY MEASURES.— 

15 (1) ADDITIONAL PERFORMANCE INDICATORS AND

16 STANDARDS.— 

17 (A) DEVELOPMENT OF INDICATORS AND

18 STANDARDS.—The Secretary, in consultation 

19 with the Native American Employment and 

20 Training Council, shall develop a set of perform21 ance indicators and standards that is in addi22 tion to the primary indicators of performance 

23 described in section 116(b)(2)(A) and that shall 

24 be applicable to programs under this section. 
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1 (B) SPECIAL CONSIDERATIONS.—Such per2 formance indicators and standards shall take 

3 into account— 

4 (i) the purpose of this section as de5 scribed in subsection (a)(1); 

6 (ii) the needs of the groups served by 

7 this section, including the differences in 

8 needs among such groups in various geo9 graphic service areas; and 

10 (iii) the economic circumstances of the 

11 communities served, including differences in 

12 circumstances among various geographic 

13 service areas. 

14 (2) AGREEMENT ON ADJUSTED LEVELS OF PER15 FORMANCE.—The Secretary and the entity described 

16 in subsection (c) shall reach agreement on the levels 

17 of performance for each of the primary indicators of 

18 performance described in section 116(b)(2)(A), taking 

19 into account economic conditions, characteristics of 

20 the individuals served, and other appropriate factors 

21 and using, to the extent practicable, the statistical ad22 justment model under section 116(b)(3)(A)(viii). The 

23 levels agreed to shall be the adjusted levels of perform24 ance and shall be incorporated in the program plan. 

25 (i) ADMINISTRATIVE PROVISIONS.— 
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1 (1) ORGANIZATIONAL UNIT ESTABLISHED.—The 

2 Secretary shall designate a single organizational unit 

3 within the Department of Labor that shall have pri4 mary responsibility for the administration of the ac5 tivities authorized under this section. 

6 (2) REGULATIONS.—The Secretary shall consult 

7 with the entities described in subsection (c) in— 

8 (A) establishing regulations to carry out 

9 this section, including regulations relating to the 

10 performance accountability measures for entities 

11 receiving assistance under this section; and 

12 (B) developing a funding distribution plan 

13 that takes into consideration previous levels of 

14 funding (prior to the date of enactment of this 

15 Act) to such entities. 

16 (3) WAIVERS.— 

17 (A) IN GENERAL.—With respect to an entity 

18 described in subsection (c), the Secretary, not19 withstanding any other provision of law, may, 

20 pursuant to a request submitted by such entity 

21 that meets the requirements established under 

22 subparagraph (B), waive any of the statutory or 

23 regulatory requirements of this title that are in24 consistent with the specific needs of the entity de25 scribed in such subsection, except that the Sec-
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1 retary may not waive requirements relating to 

2 wage and labor standards, worker rights, partici3 pation and protection of workers and partici4 pants, grievance procedures, and judicial review. 

5 (B) REQUEST AND APPROVAL.—An entity 

6 described in subsection (c) that requests a waiver 

7 under subparagraph (A) shall submit a plan to 

8 the Secretary to improve the program of work9 force investment activities carried out by the en10 tity, which plan shall meet the requirements es11 tablished by the Secretary and shall be generally 

12 consistent with the requirements of section 

13 189(i)(3)(B). 

14 (4) ADVISORY COUNCIL.— 

15 (A) IN GENERAL.—Using funds made avail16 able to carry out this section, the Secretary shall 

17 establish a Native American Employment and 

18 Training Council to facilitate the consultation 

19 described in paragraph (2) and to provide the 

20 advice described in subparagraph (C). 

21 (B) COMPOSITION.—The Council shall be 

22 composed of individuals, appointed by the Sec23 retary, who are representatives of the entities de24 scribed in subsection (c). 
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1 (C) DUTIES.—The Council shall advise the 

2 Secretary on the operation and administration 

3 of the programs assisted under this section, in4 cluding the selection of the individual appointed 

5 as head of the unit established under paragraph 

6 (1). 

7 (D) PERSONNEL MATTERS.— 

8 (i) COMPENSATION OF MEMBERS.— 

9 Members of the Council shall serve without 

10 compensation. 

11 (ii) TRAVEL EXPENSES.—The members 

12 of the Council shall be allowed travel ex13 penses, including per diem in lieu of sub14 sistence, at rates authorized for employees of 

15 agencies under subchapter I of chapter 57 of 

16 title 5, United States Code, while away 

17 from their homes or regular places of busi18 ness in the performance of services for the 

19 Council. 

20 (iii) ADMINISTRATIVE SUPPORT.—The 

21 Secretary shall provide the Council with 

22 such administrative support as may be nec23 essary to perform the functions of the Coun24 cil. 
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1 (E) CHAIRPERSON.—The Council shall se2 lect a chairperson from among its members. 

3 (F) MEETINGS.—The Council shall meet not 

4 less than twice each year. 

5 (G) APPLICATION.—Section 14 of the Fed6 eral Advisory Committee Act (5 U.S.C. App.) 

7 shall not apply to the Council. 

8 (5) TECHNICAL ASSISTANCE.—The Secretary, 

9 acting through the unit established under paragraph 

10 (1), is authorized to provide technical assistance to 

11 entities described in subsection (c) that receive assist12 ance under such subsection to enable such entities to 

13 improve the activities authorized under this section 

14 that are provided by such entities. 

15 (6) AGREEMENT FOR CERTAIN FEDERALLY REC16 OGNIZED INDIAN TRIBES TO TRANSFER FUNDS TO

17 THE PROGRAM.—A federally recognized Indian tribe 

18 that administers funds provided under this section 

19 and funds provided by more than one State under 

20 other sections of this title may enter into an agree21 ment with the Secretary and the Governors of the af22 fected States to transfer the funds provided by the 

23 States to the program administered by the tribe under 

24 this section. 
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1 (j) COMPLIANCE WITH SINGLE AUDIT REQUIRE2 MENTS; RELATED REQUIREMENT.—Grants made and con3 tracts and cooperative agreements entered into under this 

4 section shall be subject to the requirements of chapter 75 

5 of subtitle V of title 31, United States Code, and charging 

6 of costs under this section shall be subject to appropriate 

7 circulars issued by the Office of Management and Budget. 

8 (k) ASSISTANCE TO UNIQUE POPULATIONS IN ALASKA

9 AND HAWAII.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, the Secretary is authorized to award 

12 grants, on a competitive basis, to entities with dem13 onstrated experience and expertise in developing and 

14 implementing programs for the unique populations 

15 who reside in Alaska or Hawaii, including public 

16 and private nonprofit organizations, tribal organiza17 tions, American Indian tribal colleges or universities, 

18 institutions of higher education, or consortia of such 

19 organizations or institutions, to improve job training 

20 and workforce investment activities for such unique 

21 populations. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection— 

25 (A) $461,000 for fiscal year 2015; 
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1 (B) $497,000 for fiscal year 2016; 

2 (C) $507,000 for fiscal year 2017; 

3 (D) $518,000 for fiscal year 2018; 

4 (E) $530,000 for fiscal year 2019; and 

5 (F) $542,000 for fiscal year 2020. 

6 SEC. 167. MIGRANT AND SEASONAL FARMWORKER PRO7 GRAMS. 

8 (a) IN GENERAL.—Every 4 years, the Secretary shall, 

9 on a competitive basis, make grants to, or enter into con10 tracts with, eligible entities to carry out the activities de11 scribed in subsection (d). 

12 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

13 grant or enter into a contract under this section, an entity 

14 shall have an understanding of the problems of eligible mi15 grant and seasonal farmworkers (including dependents), a 

16 familiarity with the area to be served, and the ability to 

17 demonstrate a capacity to administer and deliver effectively 

18 a diversified program of workforce investment activities 

19 (including youth workforce investment activities) and re20 lated assistance for eligible migrant and seasonal farm21 workers. 

22 (c) PROGRAM PLAN.— 

23 (1) IN GENERAL.—To be eligible to receive a 

24 grant or enter into a contract under this section, an 

25 entity described in subsection (b) shall submit to the 
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1 Secretary a plan that describes a 4-year strategy for 

2 meeting the needs of eligible migrant and seasonal 

3 farmworkers in the area to be served by such entity. 

4 (2) CONTENTS.—Such plan shall— 

5 (A) describe the population to be served and 

6 identify the education and employment needs of 

7 the population to be served and the manner in 

8 which the services to be provided will strengthen 

9 the ability of the eligible migrant and seasonal 

10 farmworkers and dependents to obtain or retain 

11 unsubsidized employment, or stabilize their un12 subsidized employment, including upgraded em13 ployment in agriculture; 

14 (B) describe the related assistance and sup15 portive services to be provided and the manner 

16 in which such assistance and services are to be 

17 integrated and coordinated with other appro18 priate services; 

19 (C) describe the performance accountability 

20 measures to be used to assess the performance of 

21 such entity in carrying out the activities assisted 

22 under this section, which shall include the ex23 pected levels of performance for the primary in24 dicators of performance described in section 

25 116(b)(2)(A); 
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1 (D) describe the availability and accessi2 bility of local resources, such as supportive serv3 ices, services provided through one-stop delivery 

4 systems, and education and training services, 

5 and how the resources can be made available to 

6 the population to be served; and 

7 (E) describe the plan for providing services 

8 under this section, including strategies and sys9 tems for outreach, career planning, assessment, 

10 and delivery through one-stop delivery systems. 

11 (3) AGREEMENT ON ADJUSTED LEVELS OF PER12 FORMANCE.—The Secretary and the entity described 

13 in subsection (b) shall reach agreement on the levels 

14 of performance for each of the primary indicators of 

15 performance described in section 116(b)(2)(A), taking 

16 into account economic conditions, characteristics of 

17 the individuals served, and other appropriate factors, 

18 and using, to the extent practicable, the statistical ad19 justment model under section 116(b)(3)(A)(viii). The 

20 levels agreed to shall be the adjusted levels of perform21 ance and shall be incorporated in the program plan. 

22 (4) ADMINISTRATION.—Grants and contracts 

23 awarded under this section shall be centrally admin24 istered by the Department of Labor and competitively 

25 awarded by the Secretary using procedures consistent 
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1 with standard Federal Government competitive pro2 curement policies. 

3 (d) AUTHORIZED ACTIVITIES.—Funds made available 

4 under this section and section 127(a)(1) shall be used to 

5 carry out workforce investment activities (including youth 

6 workforce investment activities) and provide related assist7 ance for eligible migrant and seasonal farmworkers, which 

8 may include— 

9 (1) outreach, employment, training, educational 

10 assistance, literacy assistance, English language and 

11 literacy instruction, pesticide and worker safety 

12 training, housing (including permanent housing), 

13 supportive services, and school dropout prevention 

14 and recovery activities; 

15 (2) followup services for those individuals placed 

16 in employment; 

17 (3) self-employment and related business or 

18 micro-enterprise development or education as needed 

19 by eligible individuals as identified pursuant to the 

20 plan required by subsection (c); 

21 (4) customized career and technical education in 

22 occupations that will lead to higher wages, enhanced 

23 benefits, and long-term employment in agriculture or 

24 another area; and 
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1 (5) technical assistance to improve coordination 

2 of services and implement best practices relating to 

3 service delivery through one-stop delivery systems. 

4 (e) CONSULTATION WITH GOVERNORS AND LOCAL

5 BOARDS.—In making grants and entering into contracts 

6 under this section, the Secretary shall consult with the Gov7 ernors and local boards of the States in which the eligible 

8 entities will carry out the activities described in subsection 

9 (d). 

10 (f) REGULATIONS.—The Secretary shall consult with 

11 eligible migrant and seasonal farmworkers groups and 

12 States in establishing regulations to carry out this section, 

13 including regulations relating to how economic and demo14 graphic barriers to employment of eligible migrant and sea15 sonal farmworkers should be considered and included in the 

16 negotiations leading to the adjusted levels of performance 

17 described in subsection (c)(3). 

18 (g) COMPLIANCE WITH SINGLE AUDIT REQUIRE19 MENTS; RELATED REQUIREMENT.—Grants made and con20 tracts entered into under this section shall be subject to the 

21 requirements of chapter 75 of subtitle V of title 31, United 

22 States Code and charging of costs under this section shall 

23 be subject to appropriate circulars issued by the Office of 

24 Management and Budget. 
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1 (h) FUNDING ALLOCATION.—From the funds appro2 priated and made available to carry out this section, the 

3 Secretary shall reserve not more than 1 percent for discre4 tionary purposes, such as providing technical assistance to 

5 eligible entities. 

6 (i) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE MIGRANT AND SEASONAL FARM8 WORKERS.—The term ‘‘eligible migrant and seasonal 

9 farmworkers’’ means individuals who are eligible mi10 grant farmworkers or are eligible seasonal farm11 workers. 

12 (2) ELIGIBLE MIGRANT FARMWORKER.—The 

13 term ‘‘eligible migrant farmworker’’ means— 

14 (A) an eligible seasonal farmworker de15 scribed in paragraph (3)(A) whose agricultural 

16 labor requires travel to a job site such that the 

17 farmworker is unable to return to a permanent 

18 place of residence within the same day; and 

19 (B) a dependent of the farmworker described 

20 in subparagraph (A). 

21 (3) ELIGIBLE SEASONAL FARMWORKER.—The 

22 term ‘‘eligible seasonal farmworker’’ means— 

23 (A) a low-income individual who— 

24 (i) for 12 consecutive months out of the 

25 24 months prior to application for the pro-
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1 gram involved, has been primarily em2 ployed in agricultural or fish farming labor 

3 that is characterized by chronic unemploy4 ment or underemployment; and 

5 (ii) faces multiple barriers to economic 

6 self-sufficiency; and 

7 (B) a dependent of the person described in 

8 subparagraph (A). 

9 SEC. 168. TECHNICAL ASSISTANCE. 

10 (a) GENERAL TECHNICAL ASSISTANCE.— 

11 (1) IN GENERAL.—The Secretary shall ensure 

12 that the Department has sufficient capacity to, and 

13 does, provide, coordinate, and support the develop14 ment of, appropriate training, technical assistance, 

15 staff development, and other activities, including— 

16 (A) assistance in replicating programs of 

17 demonstrated effectiveness, to States and local18 ities; 

19 (B) the training of staff providing rapid re20 sponse services; 

21 (C) the training of other staff of recipients 

22 of funds under this title, including the staff of 

23 local boards and State boards; 

24 (D) the training of members of State boards 

25 and local boards; 
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1 (E) assistance in the development and im2 plementation of integrated, technology-enabled 

3 intake and case management information sys4 tems for programs carried out under this Act 

5 and programs carried out by one-stop partners, 

6 such as standard sets of technical requirements 

7 for the systems, offering interfaces that States 

8 could use in conjunction with their current (as 

9 of the first date of implementation of the sys10 tems) intake and case management information 

11 systems that would facilitate shared registration 

12 across programs; 

13 (F) assistance regarding accounting and 

14 program operations to States and localities 

15 (when such assistance would not supplant assist16 ance provided by the State); 

17 (G) peer review activities under this title; 

18 and 

19 (H) in particular, assistance to States in 

20 making transitions to implement the provisions 

21 of this Act. 

22 (2) FORM OF ASSISTANCE.— 

23 (A) IN GENERAL.—In order to carry out 

24 paragraph (1) on behalf of a State or recipient 

25 of financial assistance under section 166 or 167, 
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1 the Secretary, after consultation with the State 

2 or grant recipient, may award grants or enter 

3 into contracts or cooperative agreements. 

4 (B) LIMITATION.—Grants or contracts 

5 awarded under paragraph (1) to entities other 

6 than States or local units of government that are 

7 for amounts in excess of $100,000 shall only be 

8 awarded on a competitive basis. 

9 (b) DISLOCATED WORKER TECHNICAL ASSISTANCE.— 

10 (1) AUTHORITY.—Of the amounts available pur11 suant to section 132(a)(2)(A), the Secretary shall re12 serve not more than 5 percent of such amounts to pro13 vide technical assistance to States that do not meet 

14 the State performance accountability measures for the 

15 primary indicators of performance described in sec16 tion 116(b)(2)(A)(i) with respect to employment and 

17 training activities for dislocated workers. Using such 

18 reserved funds, the Secretary may provide such assist19 ance to other States, local areas, and other entities in20 volved in providing assistance to dislocated workers, 

21 to promote the continuous improvement of assistance 

22 provided to dislocated workers, under this title. 

23 (2) TRAINING.—Amounts reserved under this 

24 subsection may be used to provide for the training of 

25 staff, including specialists, who provide rapid re-
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1 sponse services. Such training shall include instruc2 tion in proven methods of promoting, establishing, 

3 and assisting labor-management committees. Such 

4 projects shall be administered through the Employ5 ment and Training Administration of the Depart6 ment. 

7 (c) PROMISING AND PROVEN PRACTICES COORDINA8 TION.—The Secretary shall— 

9 (1) establish a system through which States may 

10 share information regarding promising and proven 

11 practices with regard to the operation of workforce in12 vestment activities under this Act; 

13 (2) evaluate and disseminate information re14 garding such promising and proven practices and 

15 identify knowledge gaps; and 

16 (3) commission research under section 169(b) to 

17 address knowledge gaps identified under paragraph 

18 (2). 

19 SEC. 169. EVALUATIONS AND RESEARCH. 

20 (a) EVALUATIONS.— 

21 (1) EVALUATIONS OF PROGRAMS AND ACTIVITIES

22 CARRIED OUT UNDER THIS TITLE.— 

23 (A) IN GENERAL.—For the purpose of im24 proving the management and effectiveness of pro25 grams and activities carried out under this title, 
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1 the Secretary, through grants, contracts, or coop2 erative agreements, shall provide for the con3 tinuing evaluation of the programs and activi4 ties under this title, including those programs 

5 and activities carried out under this section. 

6 (B) PERIODIC INDEPENDENT EVALUA7 TION.—The evaluations carried out under this 

8 paragraph shall include an independent evalua9 tion, at least once every 4 years, of the programs 

10 and activities carried out under this title. 

11 (2) EVALUATION SUBJECTS.—Each evaluation 

12 carried out under paragraph (1) shall address— 

13 (A) the general effectiveness of such pro14 grams and activities in relation to their cost, in15 cluding the extent to which the programs and ac16 tivities— 

17 (i) improve the employment com18 petencies of participants in comparison to 

19 comparably-situated individuals who did 

20 not participate in such programs and ac21 tivities; and 

22 (ii) to the extent feasible, increase the 

23 level of total employment over the level that 

24 would have existed in the absence of such 

25 programs and activities; 
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1 (B) the effectiveness of the performance ac2 countability measures relating to such programs 

3 and activities; 

4 (C) the effectiveness of the structure and 

5 mechanisms for delivery of services through such 

6 programs and activities, including the coordina7 tion and integration of services through such 

8 programs and activities; 

9 (D) the impact of such programs and ac10 tivities on the community, businesses, and par11 ticipants involved; 

12 (E) the impact of such programs and ac13 tivities on related programs and activities; 

14 (F) the extent to which such programs and 

15 activities meet the needs of various demographic 

16 groups; and 

17 (G) such other factors as may be appro18 priate. 

19 (3) EVALUATIONS OF OTHER PROGRAMS AND AC20 TIVITIES.—The Secretary may conduct evaluations of 

21 other federally funded employment-related programs 

22 and activities under other provisions of law. 

23 (4) TECHNIQUES.—Evaluations conducted under 

24 this subsection shall utilize appropriate and rigorous 

25 methodology and research designs, including the use 
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1 of control groups chosen by scientific random assign2 ment methodologies. The Secretary shall conduct at 

3 least 1 multisite control group evaluation under this 

4 subsection by the end of fiscal year 2019, and there5 after shall ensure that such an analysis is included in 

6 the independent evaluation described in paragraph 

7 (1)(B) that is conducted at least once every 4 years. 

8 (5) REPORTS.—The entity carrying out an eval9 uation described in paragraph (1) or (2) shall pre10 pare and submit to the Secretary a draft report and 

11 a final report containing the results of the evaluation. 

12 (6) REPORTS TO CONGRESS.—Not later than 30 

13 days after the completion of a draft report under 

14 paragraph (5), the Secretary shall transmit the draft 

15 report to the Committee on Education and the Work16 force of the House of Representatives and the Com17 mittee on Health, Education, Labor and Pensions of 

18 the Senate. Not later than 60 days after the comple19 tion of a final report under such paragraph, the Sec20 retary shall transmit the final report to such commit21 tees. 

22 (7) PUBLIC AVAILABILITY.—Not later than 30 

23 days after the date the Secretary transmits the final 

24 report as described in paragraph (6), the Secretary 

25 shall make that final report available to the general 
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1 public on the Internet, on the Web site of the Depart2 ment of Labor. 

3 (8) PUBLICATION OF REPORTS.—If an entity 

4 that enters into a contract or other arrangement with 

5 the Secretary to conduct an evaluation of a program 

6 or activity under this subsection requests permission 

7 from the Secretary to publish a report resulting from 

8 the evaluation, such entity may publish the report un9 less the Secretary denies the request during the 90-day 

10 period beginning on the date the Secretary receives 

11 such request. 

12 (9) COORDINATION.—The Secretary shall ensure 

13 the coordination of evaluations carried out by States 

14 pursuant to section 116(e) with the evaluations car15 ried out under this subsection. 

16 (b) RESEARCH, STUDIES, AND MULTISTATE

17 PROJECTS.— 

18 (1) IN GENERAL.—After consultation with 

19 States, localities, and other interested parties, the Sec20 retary shall, every 2 years, publish in the Federal 

21 Register, a plan that describes the research, studies, 

22 and multistate project priorities of the Department of 

23 Labor concerning employment and training for the 5- 

24 year period following the submission of the plan. The 

25 plan shall be consistent with the purposes of this title, 
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1 including the purpose of aligning and coordinating 

2 core programs with other one-stop partner programs. 

3 Copies of the plan shall be transmitted to the Com4 mittee on Education and the Workforce of the House 

5 of Representatives, the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate, the De7 partment of Education, and other relevant Federal 

8 agencies. 

9 (2) FACTORS.—The plan published under para10 graph (1) shall contain strategies to address national 

11 employment and training problems and take into ac12 count factors such as— 

13 (A) the availability of existing research (as 

14 of the date of the publication); 

15 (B) the need to ensure results that have 

16 interstate validity; 

17 (C) the benefits of economies of scale and the 

18 efficiency of proposed projects; and 

19 (D) the likelihood that the results of the 

20 projects will be useful to policymakers and stake21 holders in addressing employment and training 

22 problems. 

23 (3) RESEARCH PROJECTS.—The Secretary shall, 

24 through grants or contracts, carry out research 

25 projects that will contribute to the solution of employ-
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1 ment and training problems in the United States and 

2 that are consistent with the priorities specified in the 

3 plan published under paragraph (1). 

4 (4) STUDIES AND REPORTS.— 

5 (A) NET IMPACT STUDIES AND REPORTS.— 

6 The Secretary of Labor, in coordination with the 

7 Secretary of Education and other relevant Fed8 eral agencies, may conduct studies to determine 

9 the net impact and best practices of programs, 

10 services, and activities carried out under this 

11 Act. 

12 (B) STUDY ON RESOURCES AVAILABLE TO

13 ASSIST DISCONNECTED YOUTH.—The Secretary 

14 of Labor, in coordination with the Secretary of 

15 Education, may conduct a study examining the 

16 characteristics of eligible youth that result in 

17 such youth being significantly disconnected from 

18 education and workforce participation, the ways 

19 in which such youth could have greater opportu20 nities for education attainment and obtaining 

21 employment, and the resources available to assist 

22 such youth in obtaining the skills, credentials, 

23 and work experience necessary to become eco24 nomically self-sufficient. 
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1 (C) STUDY OF EFFECTIVENESS OF WORK2 FORCE DEVELOPMENT SYSTEM IN MEETING BUSI3 NESS NEEDS.—Using funds available to carry 

4 out this subsection jointly with funds available 

5 to the Secretary of Commerce, the Administrator 

6 of the Small Business Administration, and the 

7 Secretary of Education, the Secretary of Labor, 

8 in coordination with the Secretary of Commerce, 

9 the Administrator of the Small Business Admin10 istration, and the Secretary of Education, may 

11 conduct a study of the effectiveness of the work12 force development system in meeting the needs of 

13 business, such as through the use of industry or 

14 sector partnerships, with particular attention to 

15 the needs of small business, including in assist16 ing workers to obtain the skills needed to utilize 

17 emerging technologies. 

18 (D) STUDY ON PARTICIPANTS ENTERING

19 NONTRADITIONAL OCCUPATIONS.—The Secretary 

20 of Labor, in coordination with the Secretary of 

21 Education, may conduct a study examining the 

22 number and percentage of individuals who re23 ceive employment and training activities and 

24 who enter nontraditional occupations, successful 

25 strategies to place and support the retention of 
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1 individuals in nontraditional employment (such 

2 as by providing post-placement assistance to 

3 participants in the form of exit interviews, men4 toring, networking, and leadership development), 

5 and the degree to which recipients of employment 

6 and training activities are informed of the possi7 bility of, or directed to begin, training or edu8 cation needed for entrance into nontraditional 

9 occupations. 

10 (E) STUDY ON PERFORMANCE INDICA11 TORS.—The Secretary of Labor, in coordination 

12 with the Secretary of Education, may conduct 

13 studies to determine the feasibility of, and poten14 tial means to replicate, measuring the compensa15 tion, including the wages, benefits, and other in16 centives provided by an employer, received by 

17 program participants by using data other than 

18 or in addition to data available through wage 

19 records, for potential use as a performance indi20 cator. 

21 (F) STUDY ON JOB TRAINING FOR RECIPI22 ENTS OF PUBLIC HOUSING ASSISTANCE.—The 

23 Secretary of Labor, in coordination with the Sec24 retary of Housing and Urban Development, may 

25 conduct studies to assist public housing authori-
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1 ties to provide, to recipients of public housing as2 sistance, job training programs that successfully 

3 upgrade job skills and employment in, and ac4 cess to, jobs with opportunity for advancement 

5 and economic self-sufficiency for such recipients. 

6 (G) STUDY ON IMPROVING EMPLOYMENT

7 PROSPECTS FOR OLDER INDIVIDUALS.—The Sec8 retary of Labor, in coordination with the Sec9 retary of Education and the Secretary of Health 

10 and Human Services, may conduct studies that 

11 lead to better design and implementation of, in 

12 conjunction with employers, local boards or State 

13 boards, community colleges or area career and 

14 technical education schools, and other organiza15 tions, effective evidence-based strategies to pro16 vide services to workers who are low-income, low17 skilled older individuals that increase the work18 ers’ skills and employment prospects. 

19 (H) STUDY ON PRIOR LEARNING.—The Sec20 retary of Labor, in coordination with other 

21 heads of Federal agencies, as appropriate, may 

22 conduct studies that, through convening stake23 holders from the fields of education, workforce, 

24 business, labor, defense, and veterans services, 

25 and experts in such fields, develop guidelines for 
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1 assessing, accounting for, and utilizing the prior 

2 learning of individuals, including dislocated 

3 workers and veterans, in order to provide the in4 dividuals with postsecondary educational credit 

5 for such prior learning that leads to the attain6 ment of a recognized postsecondary credential 

7 identified under section 122(d) and employment. 

8 (I) STUDY ON CAREER PATHWAYS FOR

9 HEALTH CARE PROVIDERS AND PROVIDERS OF

10 EARLY EDUCATION AND CHILD CARE.—The Sec11 retary of Labor, in coordination with the Sec12 retary of Education and the Secretary of Health 

13 and Human Services, shall conduct a multistate 

14 study to develop, implement, and build upon ca15 reer advancement models and practices for low16 wage health care providers or providers of early 

17 education and child care, including faculty edu18 cation and distance education programs. 

19 (J) STUDY ON EQUIVALENT PAY.—The Sec20 retary shall conduct a multistate study to de21 velop and disseminate strategies for ensuring 

22 that programs and activities carried out under 

23 this Act are placing individuals in jobs, edu24 cation, and training that lead to equivalent pay 

25 for men and women, including strategies to in-
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1 crease the participation of women in high-wage, 

2 high-demand occupations in which women are 

3 underrepresented. 

4 (K) REPORTS.—The Secretary shall prepare 

5 and disseminate to the Committee on Health, 

6 Education, Labor, and Pensions of the Senate 

7 and the Committee on Education and the Work8 force of the House of Representatives, and to the 

9 public, including through electronic means, re10 ports containing the results of the studies con11 ducted under this paragraph. 

12 (5) MULTISTATE PROJECTS.— 

13 (A) AUTHORITY.—The Secretary may, 

14 through grants or contracts, carry out multistate 

15 projects that require demonstrated expertise that 

16 is available at the national level to effectively 

17 disseminate best practices and models for imple18 menting employment and training services, ad19 dress the specialized employment and training 

20 needs of particular service populations, or ad21 dress industry-wide skill shortages, to the extent 

22 such projects are consistent with the priorities 

23 specified in the plan published under paragraph 

24 (1). 
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1 (B) DESIGN OF GRANTS.—Agreements for 

2 grants or contracts awarded under this para3 graph shall be designed to obtain information re4 lating to the provision of services under different 

5 economic conditions or to various demographic 

6 groups in order to provide guidance at the na7 tional and State levels about how best to admin8 ister specific employment and training services. 

9 (6) LIMITATIONS.— 

10 (A) COMPETITIVE AWARDS.—A grant or 

11 contract awarded for carrying out a project 

12 under this subsection in an amount that exceeds 

13 $100,000 shall be awarded only on a competitive 

14 basis, except that a noncompetitive award may 

15 be made in the case of a project that is funded 

16 jointly with other public or private sector enti17 ties that provide a substantial portion of assist18 ance under the grant or contract for the project. 

19 (B) TIME LIMITS.—A grant or contract 

20 shall not be awarded under this subsection to the 

21 same organization for more than 3 consecutive 

22 years unless such grant or contract is competi23 tively reevaluated within such period. 

24 (C) PEER REVIEW.— 
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1 (i) IN GENERAL.—The Secretary shall 

2 utilize a peer review process— 

3 (I) to review and evaluate all ap4 plications for grants in amounts that 

5 exceed $500,000 that are submitted 

6 under this section; and 

7 (II) to review and designate exem8 plary and promising programs under 

9 this section. 

10 (ii) AVAILABILITY OF FUNDS.—The 

11 Secretary is authorized to use funds pro12 vided under this section to carry out peer 

13 review activities under this subparagraph. 

14 (D) PRIORITY.—In awarding grants or con15 tracts under this subsection, priority shall be 

16 provided to entities with recognized expertise in 

17 the methods, techniques, and knowledge of work18 force investment activities. The Secretary shall 

19 establish appropriate time limits for the dura20 tion of such projects. 

21 (c) DISLOCATED WORKER PROJECTS.—Of the amount 

22 made available pursuant to section 132(a)(2)(A) for any 

23 program year, the Secretary shall use not more than 10 

24 percent of such amount to carry out demonstration and 

25 pilot projects, multiservice projects, and multistate projects 
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1 relating to the employment and training needs of dislocated 

2 workers. Of the requirements of this section, such projects 

3 shall be subject only to the provisions relating to review and 

4 evaluation of applications under subsection (b)(6)(C). Such 

5 projects may include demonstration and pilot projects relat6 ing to promoting self-employment, promoting job creation, 

7 averting dislocations, assisting dislocated farmers, assisting 

8 dislocated fishermen, and promoting public works. Such 

9 projects shall be administered by the Secretary, acting 

10 through the Assistant Secretary for Employment and 

11 Training. 

12 SEC. 170. NATIONAL DISLOCATED WORKER GRANTS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) EMERGENCY OR DISASTER.—The term 

15 ‘‘emergency or disaster’’ means— 

16 (A) an emergency or a major disaster, as 

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

18 of section 102 of the Robert T. Stafford Disaster 

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

20 5122 (1) and (2)); or 

21 (B) an emergency or disaster situation of 

22 national significance that could result in a po23 tentially large loss of employment, as declared or 

24 otherwise recognized by the chief official of a 

25 Federal agency with authority for or jurisdiction 
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1 over the Federal response to the emergency or 

2 disaster situation. 

3 (2) DISASTER AREA.—The term ‘‘disaster area’’ 

4 means an area that has suffered or in which has oc5 curred an emergency or disaster. 

6 (b) IN GENERAL.— 

7 (1) GRANTS.—The Secretary is authorized to 

8 award national dislocated worker grants— 

9 (A) to an entity described in subsection 

10 (c)(1)(B) to provide employment and training 

11 assistance to workers affected by major economic 

12 dislocations, such as plant closures, mass layoffs, 

13 or closures and realignments of military instal14 lations; 

15 (B) to provide assistance to— 

16 (i) the Governor of any State within 

17 the boundaries of which is a disaster area, 

18 to provide disaster relief employment in the 

19 disaster area; or 

20 (ii) the Governor of any State to which 

21 a substantial number of workers from an 

22 area in which an emergency or disaster has 

23 been declared or otherwise recognized have 

24 relocated; 
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1 (C) to provide additional assistance to a 

2 State board or local board for eligible dislocated 

3 workers in a case in which the State board or 

4 local board has expended the funds provided 

5 under this section to carry out activities de6 scribed in subparagraphs (A) and (B) and can 

7 demonstrate the need for additional funds to pro8 vide appropriate services for such workers, in ac9 cordance with requirements prescribed by the 

10 Secretary; and 

11 (D) to provide additional assistance to a 

12 State board or local board serving an area 

13 where— 

14 (i) a higher-than-average demand for 

15 employment and training activities for dis16 located members of the Armed Forces, 

17 spouses described in section 3(15)(E), or 

18 members of the Armed Forces described in 

19 subsection (c)(2)(A)(iv), exceeds State and 

20 local resources for providing such activities; 

21 and 

22 (ii) such activities are to be carried out 

23 in partnership with the Department of De24 fense and Department of Veterans Affairs 

25 transition assistance programs. 
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1 (2) DECISIONS AND OBLIGATIONS.—The Sec2 retary shall issue a final decision on an application 

3 for a national dislocated worker grant under this sub4 section not later than 45 calendar days after receipt 

5 of the application. The Secretary shall issue a notice 

6 of obligation for such grant not later than 10 days 

7 after the award of such grant. 

8 (c) EMPLOYMENT AND TRAINING ASSISTANCE RE9 QUIREMENTS.— 

10 (1) GRANT RECIPIENT ELIGIBILITY.— 

11 (A) APPLICATION.—To be eligible to receive 

12 a grant under subsection (b)(1)(A), an entity 

13 shall submit an application to the Secretary at 

14 such time, in such manner, and containing such 

15 information as the Secretary may require. 

16 (B) ELIGIBLE ENTITY.—In this paragraph, 

17 the term ‘‘entity’’ means a State, a local board, 

18 an entity described in section 166(c), an entity 

19 determined to be eligible by the Governor of the 

20 State involved, and any other entity that dem21 onstrates to the Secretary the capability to effec22 tively respond to the circumstances relating to 

23 particular dislocations. 

24 (2) PARTICIPANT ELIGIBILITY.— 
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1 (A) IN GENERAL.—In order to be eligible to 

2 receive employment and training assistance 

3 under a national dislocated worker grant award4 ed pursuant to subsection (b)(1)(A), an indi5 vidual shall be— 

6 (i) a dislocated worker; 

7 (ii) a civilian employee of the Depart8 ment of Defense or the Department of En9 ergy employed at a military installation 

10 that is being closed, or that will undergo re11 alignment, within the next 24 months after 

12 the date of the determination of eligibility; 

13 (iii) an individual who is employed in 

14 a nonmanagerial position with a Depart15 ment of Defense contractor, who is deter16 mined by the Secretary of Defense to be at 

17 risk of termination from employment as a 

18 result of reductions in defense expenditures, 

19 and whose employer is converting oper20 ations from defense to nondefense applica21 tions in order to prevent worker layoffs; or 

22 (iv) a member of the Armed Forces 

23 who— 

24 (I) was on active duty or full-time 

25 National Guard duty; 
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1 (II)(aa) is involuntarily sepa2 rated (as defined in section 1141 of 

3 title 10, United States Code) from ac4 tive duty or full-time National Guard 

5 duty; or 

6 (bb) is separated from active duty 

7 or full-time National Guard duty pur8 suant to a special separation benefits 

9 program under section 1174a of title 

10 10, United States Code, or the vol11 untary separation incentive program 

12 under section 1175 of that title; 

13 (III) is not entitled to retired or 

14 retained pay incident to the separation 

15 described in subclause (II); and 

16 (IV) applies for such employment 

17 and training assistance before the end 

18 of the 180-day period beginning on the 

19 date of that separation. 

20 (B) RETRAINING ASSISTANCE.—The indi21 viduals described in subparagraph (A)(iii) shall 

22 be eligible for retraining assistance to upgrade 

23 skills by obtaining marketable skills needed to 

24 support the conversion described in subpara25 graph (A)(iii). 
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1 (C) ADDITIONAL REQUIREMENTS.—The Sec2 retary shall establish and publish additional re3 quirements related to eligibility for employment 

4 and training assistance under the national dis5 located worker grants to ensure effective use of 

6 the funds available for this purpose. 

7 (D) DEFINITIONS.—In this paragraph, the 

8 terms ‘‘military installation’’ and ‘‘realignment’’ 

9 have the meanings given the terms in section 

10 2910 of the Defense Base Closure and Realign11 ment Act of 1990 (Public Law 101–510; 10 

12 U.S.C. 2687 note). 

13 (d) DISASTER RELIEF EMPLOYMENT ASSISTANCE RE14 QUIREMENTS.— 

15 (1) IN GENERAL.—Funds made available under 

16 subsection (b)(1)(B)— 

17 (A) shall be used, in coordination with the 

18 Administrator of the Federal Emergency Man19 agement Agency, as applicable, to provide dis20 aster relief employment on projects that provide 

21 food, clothing, shelter, and other humanitarian 

22 assistance for emergency and disaster victims, 

23 and projects regarding demolition, cleaning, re24 pair, renovation, and reconstruction of damaged 

25 and destroyed structures, facilities, and lands lo-
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1 cated within the disaster area and in offshore 

2 areas related to the emergency or disaster; 

3 (B) may be expended through public and 

4 private agencies and organizations engaged in 

5 such projects; and 

6 (C) may be expended to provide employ7 ment and training activities. 

8 (2) ELIGIBILITY.—An individual shall be eligible 

9 to be offered disaster relief employment under sub10 section (b)(1)(B) if such individual— 

11 (A) is a dislocated worker; 

12 (B) is a long-term unemployed individual; 

13 (C) is temporarily or permanently laid off 

14 as a consequence of the emergency or disaster; or 

15 (D) in the case of an individual who is self16 employed, becomes unemployed or significantly 

17 underemployed as a result of the emergency or 

18 disaster. 

19 (3) LIMITATIONS ON DISASTER RELIEF EMPLOY20 MENT.— 

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

22 subparagraph (B), no individual shall be em23 ployed under subsection (b)(1)(B) for more than 

24 12 months for work related to recovery from a 

25 single emergency or disaster. 
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1 (B) EXTENSION.—At the request of a State, 

2 the Secretary may extend such employment, re3 lated to recovery from a single emergency or dis4 aster involving the State, for not more than an 

5 additional 12 months. 

6 (4) USE OF AVAILABLE FUNDS.—Funds made 

7 available under subsection (b)(1)(B) shall be available 

8 to assist workers described in paragraph (2) who are 

9 affected by an emergency or disaster, including work10 ers who have relocated from an area in which an 

11 emergency or disaster has been declared or otherwise 

12 recognized, as appropriate. Under conditions deter13 mined by the Secretary and following notification to 

14 the Secretary, a State may use such funds, that are 

15 appropriated for any fiscal year and available for ex16 penditure under any grant awarded to the State 

17 under this section, to provide any assistance author18 ized under this subsection. Funds used pursuant to 

19 the authority provided under this paragraph shall be 

20 subject to the liability and reimbursement require21 ments described in paragraph (5). 

22 (5) LIABILITY AND REIMBURSEMENT.—Nothing 

23 in this Act shall be construed to relieve liability, by 

24 a responsible party that is liable under Federal law, 

25 for any costs incurred by the United States under 
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1 subsection (b)(1)(B) or this subsection, including the 

2 responsibility to provide reimbursement for such costs 

3 to the United States. 

4 SEC. 171. YOUTHBUILD PROGRAM. 

5 (a) STATEMENT OF PURPOSE.—The purposes of this 

6 section are— 

7 (1) to enable disadvantaged youth to obtain the 

8 education and employment skills necessary to achieve 

9 economic self-sufficiency in occupations in demand 

10 and postsecondary education and training opportuni11 ties; 

12 (2) to provide disadvantaged youth with oppor13 tunities for meaningful work and service to their com14 munities; 

15 (3) to foster the development of employment and 

16 leadership skills and commitment to community de17 velopment among youth in low-income communities; 

18 (4) to expand the supply of permanent affordable 

19 housing for homeless individuals and low-income fam20 ilies by utilizing the energies and talents of disadvan21 taged youth; and 

22 (5) to improve the quality and energy efficiency 

23 of community and other nonprofit and public facili24 ties, including those facilities that are used to serve 

25 homeless and low-income families. 
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1 (b) DEFINITIONS.—In this section: 

2 (1) ADJUSTED INCOME.—The term ‘‘adjusted in3 come’’ has the meaning given the term in section 3(b) 

4 of the United States Housing Act of 1937 (42 U.S.C. 

5 1437a(b)). 

6 (2) APPLICANT.—The term ‘‘applicant’’ means 

7 an eligible entity that has submitted an application 

8 under subsection (c). 

9 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means a public or private nonprofit agency or or11 ganization (including a consortium of such agencies 

12 or organizations), including— 

13 (A) a community-based organization; 

14 (B) a faith-based organization; 

15 (C) an entity carrying out activities under 

16 this title, such as a local board; 

17 (D) a community action agency; 

18 (E) a State or local housing development 

19 agency; 

20 (F) an Indian tribe or other agency pri21 marily serving Indians; 

22 (G) a community development corporation; 

23 (H) a State or local youth service or con24 servation corps; and 
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1 (I) any other entity eligible to provide edu2 cation or employment training under a Federal 

3 program (other than the program carried out 

4 under this section). 

5 (4) HOMELESS INDIVIDUAL.—The term ‘‘home6 less individual’’ means a homeless individual (as de7 fined in section 41403(6) of the Violence Against 

8 Women Act of 1994 (42 U.S.C. 14043e–2(6))) or a 

9 homeless child or youth (as defined in section 725(2) 

10 of the McKinney-Vento Homeless Assistance Act (42 

11 U.S.C. 11434a(2))). 

12 (5) HOUSING DEVELOPMENT AGENCY.—The term 

13 ‘‘housing development agency’’ means any agency of 

14 a State or local government, or any private nonprofit 

15 organization, that is engaged in providing housing 

16 for homeless individuals or low-income families. 

17 (6) INCOME.—The term ‘‘income’’ has the mean18 ing given the term in section 3(b) of the United States 

19 Housing Act of 1937 (42 U.S.C. 1437a(b)). 

20 (7) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ 

21 and ‘‘Indian tribe’’ have the meanings given such 

22 terms in section 4 of the Indian Self-Determination 

23 and Education Assistance Act (25 U.S.C. 450b). 

24 (8) LOW-INCOME FAMILY.—The term ‘‘low-in25 come family’’ means a family described in section 
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1 3(b)(2) of the United States Housing Act of 1937 (42 

2 U.S.C. 1437a(b)(2)). 

3 (9) QUALIFIED NATIONAL NONPROFIT AGENCY.— 

4 The term ‘‘qualified national nonprofit agency’’ 

5 means a nonprofit agency that— 

6 (A) has significant national experience pro7 viding services consisting of training, informa8 tion, technical assistance, and data management 

9 to YouthBuild programs or similar projects; and 

10 (B) has the capacity to provide those serv11 ices. 

12 (10) REGISTERED APPRENTICESHIP PROGRAM.— 

13 The term ‘‘registered apprenticeship program’’ means 

14 an apprenticeship program— 

15 (A) registered under the Act of August 16, 

16 1937 (commonly known as the ‘‘National Ap17 prenticeship Act’’; 50 Stat. 664, chapter 663; 29 

18 U.S.C. 50 et seq.); and 

19 (B) that meets such other criteria as may be 

20 established by the Secretary under this section. 

21 (11) TRANSITIONAL HOUSING.—The term ‘‘tran22 sitional housing’’ has the meaning given the term in 

23 section 401(29) of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11360(29)). 
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1 (12) YOUTHBUILD PROGRAM.—The term 

2 ‘‘YouthBuild program’’ means any program that re3 ceives assistance under this section and provides dis4 advantaged youth with opportunities for employment, 

5 education, leadership development, and training 

6 through the rehabilitation (which, for purposes of this 

7 section, shall include energy efficiency enhancements) 

8 or construction of housing for homeless individuals 

9 and low-income families, and of public facilities. 

10 (c) YOUTHBUILD GRANTS.— 

11 (1) AMOUNTS OF GRANTS.—The Secretary is au12 thorized to make grants to applicants for the purpose 

13 of carrying out YouthBuild programs approved under 

14 this section. 

15 (2) ELIGIBLE ACTIVITIES.—An entity that re16 ceives a grant under this subsection shall use the 

17 funds made available through the grant to carry out 

18 a YouthBuild program, which may include the fol19 lowing activities: 

20 (A) Education and workforce investment ac21 tivities including— 

22 (i) work experience and skills training 

23 (coordinated, to the maximum extent fea24 sible, with preapprenticeship and registered 

25 apprenticeship programs) in the activities 
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1 described in subparagraphs (B) and (C) re2 lated to rehabilitation or construction, and, 

3 if approved by the Secretary, in additional 

4 in-demand industry sectors or occupations 

5 in the region in which the program oper6 ates; 

7 (ii) occupational skills training; 

8 (iii) other paid and unpaid work expe9 riences, including internships and job shad10 owing; 

11 (iv) services and activities designed to 

12 meet the educational needs of participants, 

13 including— 

14 (I) basic skills instruction and re15 medial education; 

16 (II) language instruction edu17 cational programs for participants 

18 who are English language learners; 

19 (III) secondary education services 

20 and activities, including tutoring, 

21 study skills training, and school drop22 out prevention and recovery activities, 

23 designed to lead to the attainment of a 

24 secondary school diploma or its recog25 nized equivalent (including recognized 
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1 certificates of attendance or similar 

2 documents for individuals with disabil3 ities); 

4 (IV) counseling and assistance in 

5 obtaining postsecondary education and 

6 required financial aid; and 

7 (V) alternative secondary school 

8 services; 

9 (v) counseling services and related ac10 tivities, such as comprehensive guidance 

11 and counseling on drug and alcohol abuse 

12 and referral; 

13 (vi) activities designed to develop em14 ployment and leadership skills, which may 

15 include community service and peer-cen16 tered activities encouraging responsibility 

17 and other positive social behaviors, and ac18 tivities related to youth policy committees 

19 that participate in decision-making related 

20 to the program; 

21 (vii) supportive services and provision 

22 of need-based stipends necessary to enable 

23 individuals to participate in the program 

24 and to assist individuals, for a period not 

25 to exceed 12 months after the completion of 
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1 training, in obtaining or retaining employ2 ment, or applying for and transitioning to 

3 postsecondary education or training; and 

4 (viii) job search and assistance. 

5 (B) Supervision and training for partici6 pants in the rehabilitation or construction of 

7 housing, including residential housing for home8 less individuals or low-income families, or tran9 sitional housing for homeless individuals, and, if 

10 approved by the Secretary, in additional in-de11 mand industry sectors or occupations in the re12 gion in which the program operates. 

13 (C) Supervision and training for partici14 pants— 

15 (i) in the rehabilitation or construction 

16 of community and other public facilities, 

17 except that not more than 15 percent of 

18 funds appropriated to carry out this section 

19 may be used for such supervision and train20 ing; and 

21 (ii) if approved by the Secretary, in 

22 additional in-demand industry sectors or 

23 occupations in the region in which the pro24 gram operates. 
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1 (D) Payment of administrative costs of the 

2 applicant, including recruitment and selection of 

3 participants, except that not more than 10 per4 cent of the amount of assistance provided under 

5 this subsection to the grant recipient may be 

6 used for such costs. 

7 (E) Adult mentoring. 

8 (F) Provision of wages, stipends, or benefits 

9 to participants in the program. 

10 (G) Ongoing training and technical assist11 ance that are related to developing and carrying 

12 out the program. 

13 (H) Follow-up services. 

14 (3) APPLICATION.— 

15 (A) FORM AND PROCEDURE.—To be quali16 fied to receive a grant under this subsection, an 

17 eligible entity shall submit an application at 

18 such time, in such manner, and containing such 

19 information as the Secretary may require. 

20 (B) MINIMUM REQUIREMENTS.—The Sec21 retary shall require that the application contain, 

22 at a minimum— 

23 (i) labor market information for the 

24 labor market area where the proposed pro25 gram will be implemented, including both 
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1 current data (as of the date of submission 

2 of the application) and projections on ca3 reer opportunities in construction and in4 demand industry sectors or occupations; 

5 (ii) a request for the grant, specifying 

6 the amount of the grant requested and its 

7 proposed uses; 

8 (iii) a description of the applicant and 

9 a statement of its qualifications, including 

10 a description of the applicant’s relationship 

11 with local boards, one-stop operators, local 

12 unions, entities carrying out registered ap13 prenticeship programs, other community 

14 groups, and employers, and the applicant’s 

15 past experience, if any, with rehabilitation 

16 or construction of housing or public facili17 ties, and with youth education and employ18 ment training programs; 

19 (iv) a description of the proposed site 

20 for the proposed program; 

21 (v) a description of the educational 

22 and job training activities, work opportuni23 ties, postsecondary education and training 

24 opportunities, and other services that will 

25 be provided to participants, and how those 
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1 activities, opportunities, and services will 

2 prepare youth for employment in in-de3 mand industry sectors or occupations in the 

4 labor market area described in clause (i); 

5 (vi)(I) a description of the proposed 

6 activities to be undertaken under the grant 

7 related to rehabilitation or construction, 

8 and, in the case of an applicant requesting 

9 approval from the Secretary to also carry 

10 out additional activities related to in-de11 mand industry sectors or occupations, a de12 scription of such additional proposed activi13 ties; and 

14 (II) the anticipated schedule for car15 rying out all activities proposed under sub16 clause (I); 

17 (vii) a description of the manner in 

18 which eligible youth will be recruited and 

19 selected as participants, including a de20 scription of arrangements that will be made 

21 with local boards, one-stop operators, faith22 and community-based organizations, State 

23 educational agencies or local educational 

24 agencies (including agencies of Indian 

25 tribes), public assistance agencies, the courts 
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1 of jurisdiction, agencies operating shelters 

2 for homeless individuals and other agencies 

3 that serve youth who are homeless individ4 uals, foster care agencies, and other appro5 priate public and private agencies; 

6 (viii) a description of the special out7 reach efforts that will be undertaken to re8 cruit eligible young women (including 

9 young women with dependent children) as 

10 participants; 

11 (ix) a description of the specific role of 

12 employers in the proposed program, such as 

13 their role in developing the proposed pro14 gram and assisting in service provision and 

15 in placement activities; 

16 (x) a description of how the proposed 

17 program will be coordinated with other Fed18 eral, State, and local activities and activi19 ties conducted by Indian tribes, such as 

20 local workforce investment activities, career 

21 and technical education and training pro22 grams, adult and language instruction edu23 cational programs, activities conducted by 

24 public schools, activities conducted by com25 munity colleges, national service programs, 
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1 and other job training provided with funds 

2 available under this title; 

3 (xi) assurances that there will be a suf4 ficient number of adequately trained super5 visory personnel in the proposed program; 

6 (xii) a description of the levels of per7 formance to be achieved with respect to the 

8 primary indicators of performance for eligi9 ble youth described in section 

10 116(b)(2)(A)(ii); 

11 (xiii) a description of the applicant’s 

12 relationship with local building trade 

13 unions regarding their involvement in 

14 training to be provided through the pro15 posed program, the relationship of the pro16 posed program to established registered ap17 prenticeship programs and employers, the 

18 ability of the applicant to grant an indus19 try-recognized certificate or certification 

20 through the program, and the quality of the 

21 program leading to the certificate or certifi22 cation; 

23 (xiv) a description of activities that 

24 will be undertaken to develop the leadership 

25 skills of participants; 
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1 (xv) a detailed budget and a descrip2 tion of the system of fiscal controls, and au3 diting and accountability procedures, that 

4 will be used to ensure fiscal soundness for 

5 the proposed program; 

6 (xvi) a description of the commitments 

7 for any additional resources (in addition to 

8 the funds made available through the grant) 

9 to be made available to the proposed pro10 gram from— 

11 (I) the applicant; 

12 (II) recipients of other Federal, 

13 State, or local housing and community 

14 development assistance that will spon15 sor any part of the rehabilitation or 

16 construction, operation and mainte17 nance, or other housing and commu18 nity development activities undertaken 

19 as part of the proposed program; or 

20 (III) entities carrying out other 

21 Federal, State, or local activities or ac22 tivities conducted by Indian tribes, in23 cluding career and technical education 

24 and training programs, adult and lan25 guage instruction educational pro-
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1 grams, and job training provided with 

2 funds available under this title; 

3 (xvii) information identifying, and a 

4 description of, the financing proposed for 

5 any— 

6 (I) rehabilitation of the property 

7 involved; 

8 (II) acquisition of the property; or 

9 (III) construction of the property; 

10 (xviii) information identifying, and a 

11 description of, the entity that will operate 

12 and manage the property; 

13 (xix) information identifying, and a 

14 description of, the data collection systems to 

15 be used; 

16 (xx) a certification, by a public official 

17 responsible for the housing strategy for the 

18 State or unit of general local government 

19 within which the proposed program is lo20 cated, that the proposed program is con21 sistent with the housing strategy; and 

22 (xxi) a certification that the applicant 

23 will comply with the requirements of the 

24 Fair Housing Act (42 U.S.C. 3601 et seq.) 

25 and will affirmatively further fair housing. 
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1 (4) SELECTION CRITERIA.—For an applicant to 

2 be eligible to receive a grant under this subsection, the 

3 applicant and the applicant’s proposed program shall 

4 meet such selection criteria as the Secretary shall es5 tablish under this section, which shall include criteria 

6 relating to— 

7 (A) the qualifications or potential capabili8 ties of an applicant; 

9 (B) an applicant’s potential for developing 

10 a successful YouthBuild program; 

11 (C) the need for an applicant’s proposed 

12 program, as determined by the degree of eco13 nomic distress of the community from which 

14 participants would be recruited (measured by in15 dicators such as poverty, youth unemployment, 

16 and the number of individuals who have dropped 

17 out of secondary school) and of the community 

18 in which the housing and community and public 

19 facilities proposed to be rehabilitated or con20 structed is located (measured by indicators such 

21 as incidence of homelessness, shortage of afford22 able housing, and poverty); 

23 (D) the commitment of an applicant to pro24 viding skills training, leadership development, 

25 and education to participants; 
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1 (E) the focus of a proposed program on pre2 paring youth for in-demand industry sectors or 

3 occupations, or postsecondary education and 

4 training opportunities; 

5 (F) the extent of an applicant’s coordina6 tion of activities to be carried out through the 

7 proposed program with local boards, one-stop op8 erators, and one-stop partners participating in 

9 the operation of the one-stop delivery system in10 volved, or the extent of the applicant’s good faith 

11 efforts in achieving such coordination; 

12 (G) the extent of the applicant’s coordina13 tion of activities with public education, criminal 

14 justice, housing and community development, 

15 national service, or postsecondary education or 

16 other systems that relate to the goals of the pro17 posed program; 

18 (H) the extent of an applicant’s coordina19 tion of activities with employers in the local area 

20 involved; 

21 (I) the extent to which a proposed program 

22 provides for inclusion of tenants who were pre23 viously homeless individuals in the rental hous24 ing provided through the program; 
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1 (J) the commitment of additional resources 

2 (in addition to the funds made available through 

3 the grant) to a proposed program by— 

4 (i) an applicant; 

5 (ii) recipients of other Federal, State, 

6 or local housing and community develop7 ment assistance who will sponsor any part 

8 of the rehabilitation or construction, oper9 ation and maintenance, or other housing 

10 and community development activities un11 dertaken as part of the proposed program; 

12 or 

13 (iii) entities carrying out other Fed14 eral, State, or local activities or activities 

15 conducted by Indian tribes, including career 

16 and technical education and training pro17 grams, adult and language instruction edu18 cational programs, and job training pro19 vided with funds available under this title; 

20 (K) the applicant’s potential to serve dif21 ferent regions, including rural areas and States 

22 that have not previously received grants for 

23 YouthBuild programs; and 

24 (L) such other factors as the Secretary de25 termines to be appropriate for purposes of car-
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1 rying out the proposed program in an effective 

2 and efficient manner. 

3 (5) APPROVAL.—To the extent practicable, the 

4 Secretary shall notify each applicant, not later than 

5 5 months after the date of receipt of the application 

6 by the Secretary, whether the application is approved 

7 or not approved. 

8 (d) USE OF HOUSING UNITS.—Residential housing 

9 units rehabilitated or constructed using funds made avail10 able under subsection (c), shall be available solely— 

11 (1) for rental by, or sale to, homeless individuals 

12 or low-income families; or 

13 (2) for use as transitional or permanent housing, 

14 for the purpose of assisting in the movement of home15 less individuals to independent living. 

16 (e) ADDITIONAL PROGRAM REQUIREMENTS.— 

17 (1) ELIGIBLE PARTICIPANTS.— 

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

19 subparagraph (B), an individual may partici20 pate in a YouthBuild program only if such indi21 vidual is— 

22 (i) not less than age 16 and not more 

23 than age 24, on the date of enrollment; 

24 (ii) a member of a low-income family, 

25 a youth in foster care (including youth 
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1 aging out of foster care), a youth offender, 

2 a youth who is an individual with a dis3 ability, a child of incarcerated parents, or 

4 a migrant youth; and 

5 (iii) a school dropout, or an individual 

6 who was a school dropout and has subse7 quently reenrolled. 

8 (B) EXCEPTION FOR INDIVIDUALS NOT

9 MEETING INCOME OR EDUCATIONAL NEED RE10 QUIREMENTS.—Not more than 25 percent of the 

11 participants in such program may be individ12 uals who do not meet the requirements of clause 

13 (ii) or (iii) of subparagraph (A), but who— 

14 (i) are basic skills deficient, despite at15 tainment of a secondary school diploma or 

16 its recognized equivalent (including recog17 nized certificates of attendance or similar 

18 documents for individuals with disabilities); 

19 or 

20 (ii) have been referred by a local sec21 ondary school for participation in a 

22 YouthBuild program leading to the attain23 ment of a secondary school diploma. 

24 (2) PARTICIPATION LIMITATION.—An eligible in25 dividual selected for participation in a YouthBuild 
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1 program shall be offered full-time participation in the 

2 program for a period of not less than 6 months and 

3 not more than 24 months. 

4 (3) MINIMUM TIME DEVOTED TO EDUCATIONAL

5 SERVICES AND ACTIVITIES.—A YouthBuild program 

6 receiving assistance under subsection (c) shall be 

7 structured so that participants in the program are of8 fered— 

9 (A) education and related services and ac10 tivities designed to meet educational needs, such 

11 as those specified in clauses (iv) through (vii) of 

12 subsection (c)(2)(A), during at least 50 percent 

13 of the time during which the participants par14 ticipate in the program; and 

15 (B) work and skill development activities, 

16 such as those specified in clauses (i), (ii), (iii), 

17 and (viii) of subsection (c)(2)(A), during at least 

18 40 percent of the time during which the partici19 pants participate in the program. 

20 (4) AUTHORITY RESTRICTION.—No provision of 

21 this section may be construed to authorize any agen22 cy, officer, or employee of the United States to exer23 cise any direction, supervision, or control over the 

24 curriculum, program of instruction, administration, 

25 or personnel of any educational institution (including 
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1 a school) or school system, or over the selection of li2 brary resources, textbooks, or other printed or pub3 lished instructional materials by any educational in4 stitution or school system. 

5 (5) STATE AND LOCAL STANDARDS.—All edu6 cational programs and activities supported with 

7 funds provided under subsection (c) shall be consistent 

8 with applicable State and local educational stand9 ards. Standards and procedures for the programs and 

10 activities that relate to awarding academic credit for 

11 and certifying educational attainment in such pro12 grams and activities shall be consistent with applica13 ble State and local educational standards. 

14 (f) LEVELS OF PERFORMANCE AND INDICATORS.— 

15 (1) IN GENERAL.—The Secretary shall annually 

16 establish expected levels of performance for 

17 YouthBuild programs relating to each of the primary 

18 indicators of performance for eligible youth activities 

19 described in section 116(b)(2)(A)(ii). 

20 (2) ADDITIONAL INDICATORS.—The Secretary 

21 may establish expected levels of performance for addi22 tional indicators for YouthBuild programs, as the 

23 Secretary determines appropriate. 

24 (g) MANAGEMENT AND TECHNICAL ASSISTANCE.— 
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1 (1) SECRETARY ASSISTANCE.—The Secretary 

2 may enter into contracts with 1 or more entities to 

3 provide assistance to the Secretary in the manage4 ment, supervision, and coordination of the program 

5 carried out under this section. 

6 (2) TECHNICAL ASSISTANCE.— 

7 (A) CONTRACTS AND GRANTS.—The Sec8 retary shall enter into contracts with or make 

9 grants to 1 or more qualified national nonprofit 

10 agencies, in order to provide training, informa11 tion, technical assistance, program evaluation, 

12 and data management to recipients of grants 

13 under subsection (c). 

14 (B) RESERVATION OF FUNDS.—Of the 

15 amounts available under subsection (i) to carry 

16 out this section for a fiscal year, the Secretary 

17 shall reserve 5 percent to carry out subparagraph 

18 (A). 

19 (3) CAPACITY BUILDING GRANTS.— 

20 (A) IN GENERAL.—In each fiscal year, the 

21 Secretary may use not more than 3 percent of 

22 the amounts available under subsection (i) to 

23 award grants to 1 or more qualified national 

24 nonprofit agencies to pay for the Federal share 

25 of the cost of capacity building activities. 
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1 (B) FEDERAL SHARE.—The Federal share 

2 of the cost described in subparagraph (A) shall 

3 be 25 percent. The non-Federal share shall be 

4 provided from private sources. 

5 (h) SUBGRANTS AND CONTRACTS.—Each recipient of 

6 a grant under subsection (c) to carry out a YouthBuild pro7 gram shall provide the services and activities described in 

8 this section directly or through subgrants, contracts, or 

9 other arrangements with local educational agencies, institu10 tions of higher education, State or local housing develop11 ment agencies, other public agencies, including agencies of 

12 Indian tribes, or private organizations. 

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to carry out this section— 

15 (1) $77,534,000 for fiscal year 2015; 

16 (2) $83,523,000 for fiscal year 2016; 

17 (3) $85,256,000 for fiscal year 2017; 

18 (4) $87,147,000 for fiscal year 2018; 

19 (5) $89,196,000 for fiscal year 2019; and 

20 (6) $91,087,000 for fiscal year 2020. 

21 SEC. 172. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) NATIVE AMERICAN PROGRAMS.—There are author23 ized to be appropriated to carry out section 166 (not includ24 ing subsection (k) of such section)— 

25 (1) $46,082,000 for fiscal year 2015; 
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1 (2) $49,641,000 for fiscal year 2016; 

2 (3) $50,671,000 for fiscal year 2017; 

3 (4) $51,795,000 for fiscal year 2018; 

4 (5) $53,013,000 for fiscal year 2019; and 

5 (6) $54,137,000 for fiscal year 2020. 

6 (b) MIGRANT AND SEASONAL FARMWORKER PRO7 GRAMS.—There are authorized to be appropriated to carry 

8 out section 167— 

9 (1) $81,896,000 for fiscal year 2015; 

10 (2) $88,222,000 for fiscal year 2016; 

11 (3) $90,052,000 for fiscal year 2017; 

12 (4) $92,050,000 for fiscal year 2018; 

13 (5) $94,214,000 for fiscal year 2019; and 

14 (6) $96,211,000 for fiscal year 2020. 

15 (c) TECHNICAL ASSISTANCE.—There are authorized to 

16 be appropriated to carry out section 168— 

17 (1) $3,000,000 for fiscal year 2015; 

18 (2) $3,232,000 for fiscal year 2016; 

19 (3) $3,299,000 for fiscal year 2017; 

20 (4) $3,372,000 for fiscal year 2018; 

21 (5) $3,451,000 for fiscal year 2019; and 

22 (6) $3,524,000 for fiscal year 2020. 

23 (d) EVALUATIONS AND RESEARCH.—There are author24 ized to be appropriated to carry out section 169— 

25 (1) $91,000,000 for fiscal year 2015; 
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1 (2) $98,029,000 for fiscal year 2016; 

2 (3) $100,063,000 for fiscal year 2017; 

3 (4) $102,282,000 for fiscal year 2018; 

4 (5) $104,687,000 for fiscal year 2019; and 

5 (6) $106,906,000 for fiscal year 2020. 

6 (e) ASSISTANCE FOR VETERANS.—If, as of the date of 

7 enactment of this Act, any unobligated funds appropriated 

8 to carry out section 168 of the Workforce Investment Act 

9 of 1998, as in effect on the day before the date of enactment 

10 of this Act, remain available, the Secretary of Labor shall 

11 continue to use such funds to carry out such section, as in 

12 effect on such day, until all of such funds are expended. 

13 (f) ASSISTANCE FOR ELIGIBLE WORKERS.—If, as of 

14 the date of enactment of this Act, any unobligated funds 

15 appropriated to carry out subsections (f) and (g) of section 

16 173 of the Workforce Investment Act of 1998, as in effect 

17 on the day before the date of enactment of this Act, remain 

18 available, the Secretary of Labor shall continue to use such 

19 funds to carry out such subsections, as in effect on such 

20 day, until all of such funds are expended. 

21 Subtitle E—Administration 

22 SEC. 181. REQUIREMENTS AND RESTRICTIONS. 

23 (a) BENEFITS.— 

24 (1) WAGES.— 
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1 (A) IN GENERAL.—Individuals in on-the-job 

2 training or individuals employed in activities 

3 under this title shall be compensated at the same 

4 rates, including periodic increases, as trainees or 

5 employees who are similarly situated in similar 

6 occupations by the same employer and who have 

7 similar training, experience, and skills, and such 

8 rates shall be in accordance with applicable law, 

9 but in no event less than the higher of the rate 

10 specified in section 6(a)(1) of the Fair Labor 

11 Standards Act of 1938 (29 U.S.C. 206(a)(1)) or 

12 the applicable State or local minimum wage law. 

13 (B) RULE OF CONSTRUCTION.—The ref14 erence in subparagraph (A) to section 6(a)(1) of 

15 the Fair Labor Standards Act of 1938 (29 

16 U.S.C. 206(a)(1)) shall not be applicable for in17 dividuals in territorial jurisdictions in which 

18 section 6(a)(1) of the Fair Labor Standards Act 

19 of 1938 (29 U.S.C. 206(a)(1)) does not apply. 

20 (2) TREATMENT OF ALLOWANCES, EARNINGS, 

21 AND PAYMENTS.—Allowances, earnings, and pay22 ments to individuals participating in programs 

23 under this title shall not be considered as income for 

24 the purposes of determining eligibility for and the 

25 amount of income transfer and in-kind aid furnished 
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1 under any Federal or federally assisted program 

2 based on need, other than as provided under the So3 cial Security Act (42 U.S.C. 301 et seq.). 

4 (b) LABOR STANDARDS.— 

5 (1) LIMITATIONS ON ACTIVITIES THAT IMPACT

6 WAGES OF EMPLOYEES.—No funds provided under 

7 this title shall be used to pay the wages of incumbent 

8 employees during their participation in economic de9 velopment activities provided through a statewide 

10 workforce development system. 

11 (2) DISPLACEMENT.— 

12 (A) PROHIBITION.—A participant in a pro13 gram or activity authorized under this title (re14 ferred to in this section as a ‘‘specified activity’’) 

15 shall not displace (including a partial displace16 ment, such as a reduction in the hours of non17 overtime work, wages, or employment benefits) 

18 any currently employed employee (as of the date 

19 of the participation). 

20 (B) PROHIBITION ON IMPAIRMENT OF CON21 TRACTS.—A specified activity shall not impair 

22 an existing contract for services or collective bar23 gaining agreement, and no such activity that 

24 would be inconsistent with the terms of a collec25 tive bargaining agreement shall be undertaken 
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1 without the written concurrence of the labor or2 ganization and employer concerned. 

3 (3) OTHER PROHIBITIONS.—A participant in a 

4 specified activity shall not be employed in a job if— 

5 (A) any other individual is on layoff from 

6 the same or any substantially equivalent job; 

7 (B) the employer has terminated the em8 ployment of any regular employee or otherwise 

9 reduced the workforce of the employer with the 

10 intention of filling the vacancy so created with 

11 the participant; or 

12 (C) the job is created in a promotional line 

13 that will infringe in any way upon the pro14 motional opportunities of currently employed in15 dividuals (as of the date of the participation). 

16 (4) HEALTH AND SAFETY.—Health and safety 

17 standards established under Federal and State law 

18 otherwise applicable to working conditions of employ19 ees shall be equally applicable to working conditions 

20 of participants engaged in specified activities. To the 

21 extent that a State workers’ compensation law ap22 plies, workers’ compensation shall be provided to par23 ticipants on the same basis as the compensation is 

24 provided to other individuals in the State in similar 

25 employment. 
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1 (5) EMPLOYMENT CONDITIONS.—Individuals in 

2 on-the-job training or individuals employed in pro3 grams and activities under this title shall be provided 

4 benefits and working conditions at the same level and 

5 to the same extent as other trainees or employees 

6 working a similar length of time and doing the same 

7 type of work. 

8 (6) OPPORTUNITY TO SUBMIT COMMENTS.—In9 terested members of the public, including representa10 tives of businesses and of labor organizations, shall be 

11 provided an opportunity to submit comments to the 

12 Secretary with respect to programs and activities pro13 posed to be funded under subtitle B. 

14 (7) NO IMPACT ON UNION ORGANIZING.—Each 

15 recipient of funds under this title shall provide to the 

16 Secretary assurances that none of such funds will be 

17 used to assist, promote, or deter union organizing. 

18 (c) GRIEVANCE PROCEDURE.— 

19 (1) IN GENERAL.—Each State and local area re20 ceiving an allotment or allocation under this title 

21 shall establish and maintain a procedure for griev22 ances or complaints alleging violations of the require23 ments of this title from participants and other inter24 ested or affected parties. Such procedure shall include 

25 an opportunity for a hearing and be completed with-
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1 in 60 days after the filing of the grievance or com2 plaint. 

3 (2) INVESTIGATION.— 

4 (A) IN GENERAL.—The Secretary shall in5 vestigate an allegation of a violation described in 

6 paragraph (1) if— 

7 (i) a decision relating to such violation 

8 has not been reached within 60 days after 

9 the date of the filing of the grievance or 

10 complaint and either party appeals to the 

11 Secretary; or 

12 (ii) a decision relating to such viola13 tion has been reached within such 60 days 

14 and the party to which such decision is ad15 verse appeals such decision to the Secretary. 

16 (B) ADDITIONAL REQUIREMENT.—The Sec17 retary shall make a final determination relating 

18 to an appeal made under subparagraph (A) no 

19 later than 120 days after receiving such appeal. 

20 (3) REMEDIES.—Remedies that may be imposed 

21 under this section for a violation of any requirement 

22 of this title shall be limited— 

23 (A) to suspension or termination of pay24 ments under this title; 
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1 (B) to prohibition of placement of a partici2 pant with an employer that has violated any re3 quirement under this title; 

4 (C) where applicable, to reinstatement of an 

5 employee, payment of lost wages and benefits, 

6 and reestablishment of other relevant terms, con7 ditions, and privileges of employment; and 

8 (D) where appropriate, to other equitable 

9 relief. 

10 (4) RULE OF CONSTRUCTION.—Nothing in para11 graph (3) shall be construed to prohibit a grievant or 

12 complainant from pursuing a remedy authorized 

13 under another Federal, State, or local law for a viola14 tion of this title. 

15 (d) RELOCATION.— 

16 (1) PROHIBITION ON USE OF FUNDS TO ENCOUR17 AGE OR INDUCE RELOCATION.—No funds provided 

18 under this title shall be used, or proposed for use, to 

19 encourage or induce the relocation of a business or 

20 part of a business if such relocation would result in 

21 a loss of employment for any employee of such busi22 ness at the original location and such original loca23 tion is within the United States. 

24 (2) PROHIBITION ON USE OF FUNDS AFTER RE25 LOCATION.—No funds provided under this title for an 
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1 employment or training activity shall be used for cus2 tomized or skill training, on-the-job training, incum3 bent worker training, transitional employment, or 

4 company-specific assessments of job applicants or em5 ployees, for any business or part of a business that 

6 has relocated, until the date that is 120 days after the 

7 date on which such business commences operations at 

8 the new location, if the relocation of such business or 

9 part of a business results in a loss of employment for 

10 any employee of such business at the original location 

11 and such original location is within the United 

12 States. 

13 (3) REPAYMENT.—If the Secretary determines 

14 that a violation of paragraph (1) or (2) has occurred, 

15 the Secretary shall require the State that has violated 

16 such paragraph (or that has provided funding to an 

17 entity that has violated such paragraph) to repay to 

18 the United States an amount equal to the amount ex19 pended in violation of such paragraph. 

20 (e) LIMITATION ON USE OF FUNDS.—No funds avail21 able to carry out an activity under this title shall be used 

22 for employment generating activities, investment in revolv23 ing loan funds, capitalization of businesses, investment in 

24 contract bidding resource centers, economic development ac25 tivities, or similar activities, that are not directly related 
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1 to training for eligible individuals under this title. No funds 

2 received to carry out an activity under subtitle B shall be 

3 used for foreign travel. 

4 (f) TESTING AND SANCTIONING FOR USE OF CON5 TROLLED SUBSTANCES.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, a State shall not be prohibited by 

8 the Federal Government from— 

9 (A) testing participants in programs under 

10 subtitle B for the use of controlled substances; 

11 and 

12 (B) sanctioning such participants who test 

13 positive for the use of such controlled substances. 

14 (2) ADDITIONAL REQUIREMENTS.— 

15 (A) PERIOD OF SANCTION.—In sanctioning 

16 participants in a program under subtitle B who 

17 test positive for the use of controlled substances— 

18 (i) with respect to the first occurrence 

19 for which a participant tests positive, a 

20 State may exclude the participant from the 

21 program for a period not to exceed 6 

22 months; and 

23 (ii) with respect to the second occur24 rence and each subsequent occurrence for 

25 which a participant tests positive, a State 
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1 may exclude the participant from the pro2 gram for a period not to exceed 2 years. 

3 (B) APPEAL.—The testing of participants 

4 and the imposition of sanctions under this sub5 section shall be subject to expeditious appeal in 

6 accordance with due process procedures estab7 lished by the State. 

8 (C) PRIVACY.—A State shall establish proce9 dures for testing participants for the use of con10 trolled substances that ensure a maximum degree 

11 of privacy for the participants. 

12 (3) FUNDING REQUIREMENT.—In testing and 

13 sanctioning of participants for the use of controlled 

14 substances in accordance with this subsection, the 

15 only Federal funds that a State may use are the 

16 amounts made available for the administration of 

17 statewide workforce investment activities under sec18 tion 134(a)(3)(B). 

19 (g) SUBGRANT AUTHORITY.—A recipient of grant 

20 funds under this title shall have the authority to enter into 

21 subgrants in order to carry out the grant, subject to such 

22 conditions as the Secretary may establish. 

23 SEC. 182. PROMPT ALLOCATION OF FUNDS. 

24 (a) ALLOTMENTS BASED ON LATEST AVAILABLE

25 DATA.—All allotments to States and grants to outlying 
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1 areas under this title shall be based on the latest available 

2 data and estimates satisfactory to the Secretary. All data 

3 relating to disadvantaged adults and disadvantaged youth 

4 shall be based on the most recent satisfactory data from the 

5 Bureau of the Census. 

6 (b) PUBLICATION IN FEDERAL REGISTER RELATING

7 TO FORMULA FUNDS.—Whenever the Secretary allots funds 

8 required to be allotted under this title, the Secretary shall 

9 publish in a timely fashion in the Federal Register the 

10 amount proposed to be distributed to each recipient of the 

11 funds. 

12 (c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FOR13 MULA.—All funds required to be allotted under section 127 

14 or 132 shall be allotted within 45 days after the date of 

15 enactment of the Act appropriating the funds, except that, 

16 if such funds are appropriated in advance as authorized 

17 by section 189(g), such funds shall be allotted or allocated 

18 not later than the March 31 preceding the program year 

19 for which such funds are to be available for obligation. 

20 (d) PUBLICATION IN FEDERAL REGISTER RELATING

21 TO DISCRETIONARY FUNDS.—Whenever the Secretary uti22 lizes a formula to allot or allocate funds made available 

23 for distribution at the Secretary’s discretion under this 

24 title, the Secretary shall, not later than 30 days prior to 

25 such allotment or allocation, publish for comment in the 
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1 Federal Register the formula, the rationale for the formula, 

2 and the proposed amounts to be distributed to each State 

3 and local area. After consideration of any comments re4 ceived, the Secretary shall publish final allotments and allo5 cations in the Federal Register. 

6 (e) AVAILABILITY OF FUNDS.—Funds shall be made 

7 available under section 128, and funds shall be made avail8 able under section 133, for a local area not later than 30 

9 days after the date the funds are made available to the Gov10 ernor involved, under section 127 or 132 (as the case may 

11 be), or 7 days after the date the local plan for the area 

12 is approved, whichever is later. 

13 SEC. 183. MONITORING. 

14 (a) IN GENERAL.—The Secretary is authorized to 

15 monitor all recipients of financial assistance under this 

16 title to determine whether the recipients are complying with 

17 the provisions of this title, including the regulations issued 

18 under this title. 

19 (b) INVESTIGATIONS.—The Secretary may investigate 

20 any matter the Secretary determines to be necessary to de21 termine the compliance of the recipients with this title, in22 cluding the regulations issued under this title. The inves23 tigations authorized by this subsection may include exam24 ining records (including making certified copies of the 

25 records), questioning employees, and entering any premises 
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1 or onto any site in which any part of a program or activity 

2 of such a recipient is conducted or in which any of the 

3 records of the recipient are kept. 

4 (c) ADDITIONAL REQUIREMENT.—For the purpose of 

5 any investigation or hearing conducted under this title by 

6 the Secretary, the provisions of section 9 of the Federal 

7 Trade Commission Act (15 U.S.C. 49) (relating to the at8 tendance of witnesses and the production of documents) 

9 apply to the Secretary, in the same manner and to the same 

10 extent as the provisions apply to the Federal Trade Com11 mission. 

12 SEC. 184. FISCAL CONTROLS; SANCTIONS. 

13 (a) ESTABLISHMENT OF FISCAL CONTROLS BY

14 STATES.— 

15 (1) IN GENERAL.—Each State shall establish 

16 such fiscal control and fund accounting procedures as 

17 may be necessary to assure the proper disbursal of, 

18 and accounting for, Federal funds allocated to local 

19 areas under subtitle B. Such procedures shall ensure 

20 that all financial transactions carried out under sub21 title B are conducted and records maintained in ac22 cordance with generally accepted accounting prin23 ciples applicable in each State. 

24 (2) COST PRINCIPLES.— 
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1 (A) IN GENERAL.—Each State (including 

2 the Governor of the State), local area (including 

3 the chief elected official for the area), and pro4 vider receiving funds under this title shall com5 ply with the applicable uniform cost principles 

6 included in appropriate circulars or rules of the 

7 Office of Management and Budget for the type of 

8 entity receiving the funds. 

9 (B) EXCEPTION.—The funds made available 

10 to a State for administration of statewide work11 force investment activities in accordance with 

12 section 134(a)(3)(B) shall be allocable to the 

13 overall administration of workforce investment 

14 activities, but need not be specifically allocable 

15 to— 

16 (i) the administration of adult employ17 ment and training activities; 

18 (ii) the administration of dislocated 

19 worker employment and training activities; 

20 or 

21 (iii) the administration of youth work22 force investment activities. 

23 (3) UNIFORM ADMINISTRATIVE REQUIRE24 MENTS.— 
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1 (A) IN GENERAL.—Each State (including 

2 the Governor of the State), local area (including 

3 the chief elected official for the area), and pro4 vider receiving funds under this title shall com5 ply with the appropriate uniform administrative 

6 requirements for grants and agreements applica7 ble for the type of entity receiving the funds, as 

8 promulgated in circulars or rules of the Office of 

9 Management and Budget. 

10 (B) ADDITIONAL REQUIREMENT.—Procure11 ment transactions under this title between local 

12 boards and units of State or local governments 

13 shall be conducted only on a cost-reimbursable 

14 basis. 

15 (4) MONITORING.—Each Governor of a State 

16 shall conduct on an annual basis onsite monitoring 

17 of each local area within the State to ensure compli18 ance with the uniform administrative requirements 

19 referred to in paragraph (3). 

20 (5) ACTION BY GOVERNOR.—If the Governor de21 termines that a local area is not in compliance with 

22 the uniform administrative requirements referred to 

23 in paragraph (3), the Governor shall— 

24 (A) require corrective action to secure 

25 prompt compliance with the requirements; and 
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1 (B) impose the sanctions provided under 

2 subsection (b) in the event of failure to take the 

3 required corrective action. 

4 (6) CERTIFICATION.—The Governor shall, every 

5 2 years, certify to the Secretary that— 

6 (A) the State has implemented the uniform 

7 administrative requirements referred to in para8 graph (3); 

9 (B) the State has monitored local areas to 

10 ensure compliance with the uniform administra11 tive requirements as required under paragraph 

12 (4); and 

13 (C) the State has taken appropriate action 

14 to secure compliance with the requirements pur15 suant to paragraph (5). 

16 (7) ACTION BY THE SECRETARY.—If the Sec17 retary determines that the Governor has not fulfilled 

18 the requirements of this subsection, the Secretary 

19 shall— 

20 (A) require corrective action to secure 

21 prompt compliance with the requirements of this 

22 subsection; and 

23 (B) impose the sanctions provided under 

24 subsection (e) in the event of failure of the Gov-
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1 ernor to take the required appropriate action to 

2 secure compliance with the requirements. 

3 (b) SUBSTANTIAL VIOLATION.— 

4 (1) ACTION BY GOVERNOR.—If, as a result of fi5 nancial and compliance audits or otherwise, the Gov6 ernor determines that there is a substantial violation 

7 of a specific provision of this title, and corrective ac8 tion has not been taken, the Governor shall— 

9 (A) issue a notice of intent to revoke ap10 proval of all or part of the local plan affected; 

11 or 

12 (B) impose a reorganization plan, which 

13 may include— 

14 (i) decertifying the local board in15 volved; 

16 (ii) prohibiting the use of eligible pro17 viders; 

18 (iii) selecting an alternative entity to 

19 administer the program for the local area 

20 involved; 

21 (iv) merging the local area into one or 

22 more other local areas; or 

23 (v) making such other changes as the 

24 Secretary or Governor determines to be nec-
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1 essary to secure compliance with the provi2 sion. 

3 (2) APPEAL.— 

4 (A) IN GENERAL.—The actions taken by the 

5 Governor pursuant to subparagraphs (A) and 

6 (B) of paragraph (1) may be appealed to the 

7 Secretary and shall not become effective until— 

8 (i) the time for appeal has expired; or 

9 (ii) the Secretary has issued a decision. 

10 (B) ADDITIONAL REQUIREMENT.—The Sec11 retary shall make a final decision under sub12 paragraph (A) not later than 45 days after the 

13 receipt of the appeal. 

14 (3) ACTION BY THE SECRETARY.—If the Gov15 ernor fails to take promptly an action required under 

16 paragraph (1), the Secretary shall take such action. 

17 (c) REPAYMENT OF CERTAIN AMOUNTS TO THE

18 UNITED STATES.— 

19 (1) IN GENERAL.—Every recipient of funds 

20 under this title shall repay to the United States 

21 amounts found not to have been expended in accord22 ance with this title. 

23 (2) OFFSET OF REPAYMENT AMOUNT.—If the 

24 Secretary determines that a State has expended funds 

25 received under this title in a manner contrary to the 
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1 requirements of this title, the Secretary may require 

2 repayment by offsetting the amount of such expendi3 tures against any other amount to which the State is 

4 or may be entitled under this title, except as provided 

5 under subsection (d)(1). 

6 (3) REPAYMENT FROM DEDUCTION BY STATE.— 

7 If the Secretary requires a State to repay funds as a 

8 result of a determination that a local area of the 

9 State has expended funds in a manner contrary to the 

10 requirements of this title, the Governor of the State 

11 may use an amount deducted under paragraph (4) to 

12 repay the funds, except as provided under subsection 

13 (e). 

14 (4) DEDUCTION BY STATE.—The Governor may 

15 deduct an amount equal to the misexpenditure de16 scribed in paragraph (3) from subsequent program 

17 year (subsequent to the program year for which the 

18 determination was made) allocations to the local area 

19 from funds reserved for the administrative costs of the 

20 local programs involved, as appropriate. 

21 (5) LIMITATIONS.—A deduction made by a State 

22 as described in paragraph (4) shall not be made until 

23 such time as the Governor has taken appropriate cor24 rective action to ensure full compliance with this title 
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1 within such local area with regard to appropriate ex2 penditures of funds under this title. 

3 (d) REPAYMENT OF AMOUNTS.— 

4 (1) IN GENERAL.—Each recipient of funds under 

5 this title shall be liable to repay the amounts de6 scribed in subsection (c)(1), from funds other than 

7 funds received under this title, upon a determination 

8 by the Secretary that the misexpenditure of the 

9 amounts was due to willful disregard of the require10 ments of this title, gross negligence, failure to observe 

11 accepted standards of administration, or a pattern of 

12 misexpenditure described in subsection (c)(1). No such 

13 determination shall be made under this subsection or 

14 subsection (c) until notice and opportunity for a fair 

15 hearing have been given to the recipient. 

16 (2) FACTORS IN IMPOSING SANCTIONS.—In deter17 mining whether to impose any sanction authorized by 

18 this section against a recipient of funds under this 

19 title for violations of this title (including applicable 

20 regulations) by a subgrantee or contractor of such re21 cipient, the Secretary shall first determine whether 

22 such recipient has adequately demonstrated that the 

23 recipient has— 

24 (A) established and adhered to an appro25 priate system, for entering into and monitoring 
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1 subgrant agreements and contracts with sub2 grantees and contractors, that contains accept3 able standards for ensuring accountability; 

4 (B) entered into a written subgrant agree5 ment or contract with such a subgrantee or con6 tractor that established clear goals and obliga7 tions in unambiguous terms; 

8 (C) acted with due diligence to monitor the 

9 implementation of the subgrant agreement or 

10 contract, including carrying out the appropriate 

11 monitoring activities (including audits) at rea12 sonable intervals; and 

13 (D) taken prompt and appropriate correc14 tive action upon becoming aware of any evidence 

15 of a violation of this title, including regulations 

16 issued under this title, by such subgrantee or 

17 contractor. 

18 (3) WAIVER.—If the Secretary determines that 

19 the recipient has demonstrated substantial compliance 

20 with the requirements of paragraph (2), the Secretary 

21 may waive the imposition of sanctions authorized by 

22 this section upon such recipient. The Secretary is au23 thorized to impose any sanction consistent with the 

24 provisions of this title and with any applicable Fed25 eral or State law directly against any subgrantee or 
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1 contractor for violation of this title, including regula2 tions issued under this title. 

3 (e) IMMEDIATE TERMINATION OR SUSPENSION OF AS4 SISTANCE IN EMERGENCY SITUATIONS.—In emergency situ5 ations, if the Secretary determines it is necessary to protect 

6 the integrity of the funds or ensure the proper operation 

7 of the program or activity involved, the Secretary may im8 mediately terminate or suspend financial assistance, in 

9 whole or in part, to the recipient if the recipient is given 

10 prompt notice and the opportunity for a subsequent hearing 

11 within 30 days after such termination or suspension. The 

12 Secretary shall not delegate any of the functions or author13 ity specified in this subsection, other than to an officer 

14 whose appointment is required to be made by and with the 

15 advice and consent of the Senate. 

16 (f) DISCRIMINATION AGAINST PARTICIPANTS.—If the 

17 Secretary determines that any recipient under this title has 

18 discharged or in any other manner discriminated against 

19 a participant or against any individual in connection with 

20 the administration of the program involved, or against any 

21 individual because such individual has filed any complaint 

22 or instituted or caused to be instituted any proceeding 

23 under or related to this title, or has testified or is about 

24 to testify in any such proceeding or an investigation under 

25 or related to this title, or otherwise unlawfully denied to 
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1 any individual a benefit to which that individual is entitled 

2 under the provisions of this title, including regulations 

3 issued under this title, the Secretary shall, within 30 days, 

4 take such action or order such corrective measures, as nec5 essary, with respect to the recipient or the aggrieved indi6 vidual, or both. 

7 (g) REMEDIES.—The remedies described in this section 

8 shall not be considered to be the exclusive remedies available 

9 for violations described in this section. 

10 SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS. 

11 (a) RECIPIENT RECORDKEEPING AND REPORTS.— 

12 (1) IN GENERAL.—Recipients of funds under this 

13 title shall keep records that are sufficient to permit 

14 the preparation of reports required by this title and 

15 to permit the tracing of funds to a level of expendi16 ture adequate to ensure that the funds have not been 

17 spent unlawfully. 

18 (2) RECORDS AND REPORTS REGARDING GEN19 ERAL PERFORMANCE.—Every such recipient shall 

20 maintain such records and submit such reports, in 

21 such form and containing such information, as the 

22 Secretary may require regarding the performance of 

23 programs and activities carried out under this title. 

24 Such records and reports shall be submitted to the 

25 Secretary but shall not be required to be submitted 
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1 more than once each quarter unless specifically re2 quested by Congress or a committee of Congress, in 

3 which case an estimate regarding such information 

4 may be provided. 

5 (3) MAINTENANCE OF STANDARDIZED

6 RECORDS.—In order to allow for the preparation of 

7 the reports required under subsection (c), such recipi8 ents shall maintain standardized records for all indi9 vidual participants and provide to the Secretary a 

10 sufficient number of such records to provide for an 

11 adequate analysis of the records. 

12 (4) AVAILABILITY TO THE PUBLIC.— 

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

14 subparagraph (B), records maintained by such 

15 recipients pursuant to this subsection shall be 

16 made available to the public upon request. 

17 (B) EXCEPTION.—Subparagraph (A) shall 

18 not apply to— 

19 (i) information, the disclosure of which 

20 would constitute a clearly unwarranted in21 vasion of personal privacy; and 

22 (ii) trade secrets, or commercial or fi23 nancial information, that is— 

24 (I) obtained from a person; and 

25 (II) privileged or confidential. 
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1 (C) FEES TO RECOVER COSTS.—Such re2 cipients may charge fees sufficient to recover 

3 costs applicable to the processing of requests for 

4 records under subparagraph (A). 

5 (b) INVESTIGATIONS OF USE OF FUNDS.— 

6 (1) IN GENERAL.— 

7 (A) SECRETARY.—In order to evaluate com8 pliance with the provisions of this title, the Sec9 retary shall conduct, in several States, in each 

10 fiscal year, investigations of the use of funds re11 ceived by recipients under this title. 

12 (B) COMPTROLLER GENERAL OF THE

13 UNITED STATES.—In order to ensure compliance 

14 with the provisions of this title, the Comptroller 

15 General of the United States may conduct inves16 tigations of the use of funds received under this 

17 title by any recipient. 

18 (2) PROHIBITION.—In conducting any investiga19 tion under this title, the Secretary or the Comptroller 

20 General of the United States may not request the 

21 compilation of any information that the recipient is 

22 not otherwise required to compile and that is not 

23 readily available to such recipient. 

24 (3) AUDITS.— 
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1 (A) IN GENERAL.—In carrying out any 

2 audit under this title (other than any initial 

3 audit survey or any audit investigating possible 

4 criminal or fraudulent conduct), either directly 

5 or through grant or contract, the Secretary, the 

6 Inspector General of the Department of Labor, or 

7 the Comptroller General of the United States 

8 shall furnish to the State, recipient, or other en9 tity to be audited, advance notification of the 

10 overall objectives and purposes of the audit, and 

11 any extensive recordkeeping or data requirements 

12 to be met, not later than 14 days (or as soon as 

13 practicable) prior to the commencement of the 

14 audit. 

15 (B) NOTIFICATION REQUIREMENT.—If the 

16 scope, objectives, or purposes of the audit change 

17 substantially during the course of the audit, the 

18 entity being audited shall be notified of the 

19 change as soon as practicable. 

20 (C) ADDITIONAL REQUIREMENT.—The re21 ports on the results of such audits shall cite the 

22 law, regulation, policy, or other criteria applica23 ble to any finding contained in the reports. 

24 (D) RULE OF CONSTRUCTION.—Nothing 

25 contained in this title shall be construed so as to 
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1 be inconsistent with the Inspector General Act of 

2 1978 (5 U.S.C. App.) or government auditing 

3 standards issued by the Comptroller General of 

4 the United States. 

5 (c) GRANTEE INFORMATION RESPONSIBILITIES.— 

6 Each State, each local board, and each recipient (other than 

7 a subrecipient, subgrantee, or contractor of a recipient) re8 ceiving funds under this title— 

9 (1) shall make readily accessible such reports 

10 concerning its operations and expenditures as shall be 

11 prescribed by the Secretary; 

12 (2) shall prescribe and maintain comparable 

13 management information systems, in accordance with 

14 guidelines that shall be prescribed by the Secretary, 

15 designed to facilitate the uniform compilation, cross 

16 tabulation, and analysis of programmatic, partici17 pant, and financial data, on statewide, local area, 

18 and other appropriate bases, necessary for reporting, 

19 monitoring, and evaluating purposes, including data 

20 necessary to comply with section 188; 

21 (3) shall monitor the performance of providers in 

22 complying with the terms of grants, contracts, or 

23 other agreements made pursuant to this title; and 

24 (4) shall, to the extent practicable, submit or 

25 make available (including through electronic means) 
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1 any reports, records, plans, or any other data that 

2 are required to be submitted or made available, re3 spectively, under this title. 

4 (d) INFORMATION TO BE INCLUDED IN REPORTS.— 

5 (1) IN GENERAL.—The reports required in sub6 section (c) shall include information regarding pro7 grams and activities carried out under this title per8 taining to— 

9 (A) the relevant demographic characteristics 

10 (including race, ethnicity, sex, and age) and 

11 other related information regarding participants; 

12 (B) the programs and activities in which 

13 participants are enrolled, and the length of time 

14 that participants are engaged in such programs 

15 and activities; 

16 (C) outcomes of the programs and activities 

17 for participants, including the occupations of 

18 participants, and placement for participants in 

19 nontraditional employment; 

20 (D) specified costs of the programs and ac21 tivities; and 

22 (E) information necessary to prepare re23 ports to comply with section 188. 

24 (2) ADDITIONAL REQUIREMENT.—The Secretary 

25 shall ensure that all elements of the information re-
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1 quired for the reports described in paragraph (1) are 

2 defined and that the information is reported uni3 formly. 

4 (e) QUARTERLY FINANCIAL REPORTS.— 

5 (1) IN GENERAL.—Each local board in a State 

6 shall submit quarterly financial reports to the Gov7 ernor with respect to programs and activities carried 

8 out under this title. Such reports shall include infor9 mation identifying all program and activity costs by 

10 cost category in accordance with generally accepted 

11 accounting principles and by year of the appropria12 tion involved. 

13 (2) ADDITIONAL REQUIREMENT.—Each State 

14 shall submit to the Secretary, and the Secretary shall 

15 submit to the Committee on Health, Education, 

16 Labor, and Pensions of the Senate and the Committee 

17 on Education and the Workforce of the House of Rep18 resentatives, on a quarterly basis, a summary of the 

19 reports submitted to the Governor pursuant to para20 graph (1). 

21 (f) MAINTENANCE OF ADDITIONAL RECORDS.—Each 

22 State and local board shall maintain records with respect 

23 to programs and activities carried out under this title that 

24 identify— 
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1 (1) any income or profits earned, including such 

2 income or profits earned by subrecipients; and 

3 (2) any costs incurred (such as stand-in costs) 

4 that are otherwise allowable except for funding limi5 tations. 

6 (g) COST CATEGORIES.—In requiring entities to 

7 maintain records of costs by cost category under this title, 

8 the Secretary shall require only that the costs be categorized 

9 as administrative or programmatic costs. 

10 SEC. 186. ADMINISTRATIVE ADJUDICATION. 

11 (a) IN GENERAL.—Whenever any applicant for finan12 cial assistance under this title is dissatisfied because the 

13 Secretary has made a determination not to award financial 

14 assistance in whole or in part to such applicant, the appli15 cant may request a hearing before an administrative law 

16 judge of the Department of Labor. A similar hearing may 

17 also be requested by any recipient for whom a corrective 

18 action has been required or a sanction has been imposed 

19 by the Secretary under section 184. 

20 (b) APPEAL.—The decision of the administrative law 

21 judge shall constitute final action by the Secretary unless, 

22 within 20 days after receipt of the decision of the adminis23 trative law judge, a party dissatisfied with the decision or 

24 any part of the decision has filed exceptions with the Sec25 retary specifically identifying the procedure, fact, law, or 
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1 policy to which exception is taken. Any exception not spe2 cifically urged during the 20-day period shall be deemed 

3 to have been waived. After the 20-day period the decision 

4 of the administrative law judge shall become the final deci5 sion of the Secretary unless the Secretary, within 30 days 

6 after such filing, notifies the parties that the case involved 

7 has been accepted for review. 

8 (c) TIME LIMIT.—Any case accepted for review by the 

9 Secretary under subsection (b) shall be decided within 180 

10 days after such acceptance. If the case is not decided within 

11 the 180-day period, the decision of the administrative law 

12 judge shall become the final decision of the Secretary at the 

13 end of the 180-day period. 

14 (d) ADDITIONAL REQUIREMENT.—The provisions of 

15 section 187 shall apply to any final action of the Secretary 

16 under this section. 

17 SEC. 187. JUDICIAL REVIEW. 

18 (a) REVIEW.— 

19 (1) PETITION.—With respect to any final order 

20 by the Secretary under section 186 by which the Sec21 retary awards, declines to award, or only condi22 tionally awards, financial assistance under this title, 

23 or any final order of the Secretary under section 186 

24 with respect to a corrective action or sanction im25 posed under section 184, any party to a proceeding 
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1 that resulted in such final order may obtain review 

2 of such final order in the United States Court of Ap3 peals having jurisdiction over the applicant for or re4 cipient of the funds involved, by filing a review peti5 tion within 30 days after the date of issuance of such 

6 final order. 

7 (2) ACTION ON PETITION.—The clerk of the court 

8 shall transmit a copy of the review petition to the 

9 Secretary, who shall file the record on which the final 

10 order was entered as provided in section 2112 of title 

11 28, United States Code. The filing of a review peti12 tion shall not stay the order of the Secretary, unless 

13 the court orders a stay. Petitions filed under this sub14 section shall be heard expeditiously, if possible within 

15 10 days after the date of filing of a reply to the peti16 tion. 

17 (3) STANDARD AND SCOPE OF REVIEW.—No ob18 jection to the order of the Secretary shall be consid19 ered by the court unless the objection was specifically 

20 urged, in a timely manner, before the Secretary. The 

21 review shall be limited to questions of law and the 

22 findings of fact of the Secretary shall be conclusive if 

23 supported by substantial evidence. 

24 (b) JUDGMENT.—The court shall have jurisdiction to 

25 make and enter a decree affirming, modifying, or setting 
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1 aside the order of the Secretary in whole or in part. The 

2 judgment of the court regarding the order shall be final, 

3 subject to certiorari review by the Supreme Court as pro4 vided in section 1254(1) of title 28, United States Code. 

5 SEC. 188. NONDISCRIMINATION. 

6 (a) IN GENERAL.— 

7 (1) FEDERAL FINANCIAL ASSISTANCE.—For the 

8 purpose of applying the prohibitions against dis9 crimination on the basis of age under the Age Dis10 crimination Act of 1975 (42 U.S.C. 6101 et seq.), on 

11 the basis of disability under section 504 of the Reha12 bilitation Act of 1973 (29 U.S.C. 794), on the basis 

13 of sex under title IX of the Education Amendments of 

14 1972 (20 U.S.C. 1681 et seq.), or on the basis of race, 

15 color, or national origin under title VI of the Civil 

16 Rights Act of 1964 (42 U.S.C. 2000d et seq.), pro17 grams and activities funded or otherwise financially 

18 assisted in whole or in part under this Act are con19 sidered to be programs and activities receiving Fed20 eral financial assistance. 

21 (2) PROHIBITION OF DISCRIMINATION REGARD22 ING PARTICIPATION, BENEFITS, AND EMPLOYMENT.— 

23 No individual shall be excluded from participation 

24 in, denied the benefits of, subjected to discrimination 

25 under, or denied employment in the administration of 
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1 or in connection with, any such program or activity 

2 because of race, color, religion, sex (except as other3 wise permitted under title IX of the Education 

4 Amendments of 1972), national origin, age, dis5 ability, or political affiliation or belief. 

6 (3) PROHIBITION ON ASSISTANCE FOR FACILI7 TIES FOR SECTARIAN INSTRUCTION OR RELIGIOUS

8 WORSHIP.—Participants shall not be employed under 

9 this title to carry out the construction, operation, or 

10 maintenance of any part of any facility that is used 

11 or to be used for sectarian instruction or as a place 

12 for religious worship (except with respect to the main13 tenance of a facility that is not primarily or inher14 ently devoted to sectarian instruction or religious 

15 worship, in a case in which the organization oper16 ating the facility is part of a program or activity 

17 providing services to participants). 

18 (4) PROHIBITION ON DISCRIMINATION ON BASIS

19 OF PARTICIPANT STATUS.—No person may discrimi20 nate against an individual who is a participant in 

21 a program or activity that receives funds under this 

22 title, with respect to the terms and conditions affect23 ing, or rights provided to, the individual, solely be24 cause of the status of the individual as a participant. 
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1 (5) PROHIBITION ON DISCRIMINATION AGAINST

2 CERTAIN NONCITIZENS.—Participation in programs 

3 and activities or receiving funds under this title shall 

4 be available to citizens and nationals of the United 

5 States, lawfully admitted permanent resident aliens, 

6 refugees, asylees, and parolees, and other immigrants 

7 authorized by the Attorney General to work in the 

8 United States. 

9 (b) ACTION OF SECRETARY.—Whenever the Secretary 

10 finds that a State or other recipient of funds under this 

11 title has failed to comply with a provision of law referred 

12 to in subsection (a)(1), or with paragraph (2), (3), (4), or 

13 (5) of subsection (a), including an applicable regulation 

14 prescribed to carry out such provision or paragraph, the 

15 Secretary shall notify such State or recipient and shall re16 quest that the State or recipient comply. If within a reason17 able period of time, not to exceed 60 days, the State or re18 cipient fails or refuses to comply, the Secretary may— 

19 (1) refer the matter to the Attorney General with 

20 a recommendation that an appropriate civil action be 

21 instituted; or 

22 (2) take such other action as may be provided by 

23 law. 

24 (c) ACTION OF ATTORNEY GENERAL.—When a matter 

25 is referred to the Attorney General pursuant to subsection 
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1 (b)(1), or whenever the Attorney General has reason to be2 lieve that a State or other recipient of funds under this title 

3 is engaged in a pattern or practice of discrimination in 

4 violation of a provision of law referred to in subsection 

5 (a)(1) or in violation of paragraph (2), (3), (4), or (5) of 

6 subsection (a), the Attorney General may bring a civil ac7 tion in any appropriate district court of the United States 

8 for such relief as may be appropriate, including injunctive 

9 relief. 

10 (d) JOB CORPS.—For the purposes of this section, Job 

11 Corps members shall be considered to be the ultimate bene12 ficiaries of Federal financial assistance. 

13 (e) REGULATIONS.—The Secretary shall issue regula14 tions necessary to implement this section not later than 1 

15 year after the date of enactment of the Workforce Innovation 

16 and Opportunity Act. Such regulations shall adopt stand17 ards for determining discrimination and procedures for en18 forcement that are consistent with the Acts referred to in 

19 subsection (a)(1), as well as procedures to ensure that com20 plaints filed under this section and such Acts are processed 

21 in a manner that avoids duplication of effort. 

22 SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES 

23 AND RESPONSIBILITIES. 

24 (a) IN GENERAL.—In accordance with chapter 5 of 

25 title 5, United States Code, the Secretary may prescribe 
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1 rules and regulations to carry out this title, only to the ex2 tent necessary to administer and ensure compliance with 

3 the requirements of this title. Such rules and regulations 

4 may include provisions making adjustments authorized by 

5 section 6504 of title 31, United States Code. All such rules 

6 and regulations shall be published in the Federal Register 

7 at least 30 days prior to their effective dates. Copies of each 

8 such rule or regulation shall be transmitted to the appro9 priate committees of Congress on the date of such publica10 tion and shall contain, with respect to each material provi11 sion of such rule or regulation, a citation to the particular 

12 substantive section of law that is the basis for the provision. 

13 (b) ACQUISITION OF CERTAIN PROPERTY AND SERV14 ICES.—The Secretary is authorized, in carrying out this 

15 title, to accept, purchase, or lease in the name of the Depart16 ment of Labor, and employ or dispose of in furtherance of 

17 the purposes of this title, any money or property, real, per18 sonal, or mixed, tangible or intangible, received by gift, de19 vise, bequest, or otherwise, and to accept voluntary and un20 compensated services notwithstanding the provisions of sec21 tion 1342 of title 31, United States Code. 

22 (c) AUTHORITY TO ENTER INTO CERTAIN AGREE23 MENTS AND TO MAKE CERTAIN EXPENDITURES.—The Sec24 retary may make such grants, enter into such contracts or 

25 agreements, establish such procedures, and make such pay-
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1 ments, in installments and in advance or by way of reim2 bursement, or otherwise allocate or expend such funds under 

3 this title, as may be necessary to carry out this title, includ4 ing making expenditures for construction, repairs, and cap5 ital improvements, and including making necessary adjust6 ments in payments on account of over-payments or under7 payments. 

8 (d) ANNUAL REPORT.—The Secretary shall prepare 

9 and submit to the Committee on Education and the Work10 force of the House of Representatives and the Committee 

11 on Health, Education, Labor, and Pensions of the Senate 

12 an annual report regarding the programs and activities 

13 funded under this title. The Secretary shall include in such 

14 report— 

15 (1) a summary of the achievements, failures, and 

16 challenges of the programs and activities in meeting 

17 the objectives of this title; 

18 (2) a summary of major findings from research, 

19 evaluations, pilot projects, and experiments conducted 

20 under this title in the fiscal year prior to the submis21 sion of the report; 

22 (3) recommendations for modifications in the 

23 programs and activities based on analysis of such 

24 findings; and 
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1 (4) such other recommendations for legislative or 

2 administrative action as the Secretary determines to 

3 be appropriate. 

4 (e) UTILIZATION OF SERVICES AND FACILITIES.—The 

5 Secretary is authorized, in carrying out this title, under 

6 the same procedures as are applicable under subsection (c) 

7 or to the extent permitted by law other than this title, to 

8 accept and use the services and facilities of departments, 

9 agencies, and establishments of the United States. The Sec10 retary is also authorized, in carrying out this title, to ac11 cept and use the services and facilities of the agencies of 

12 any State or political subdivision of a State, with the con13 sent of the State or political subdivision. 

14 (f) OBLIGATIONAL AUTHORITY.—Notwithstanding any 

15 other provision of this title, the Secretary shall have no au16 thority to enter into contracts, grant agreements, or other 

17 financial assistance agreements under this title, except to 

18 such extent and in such amounts as are provided in ad19 vance in appropriations Acts. 

20 (g) PROGRAM YEAR.— 

21 (1) IN GENERAL.— 

22 (A) PROGRAM YEAR.—Except as provided 

23 in subparagraph (B), appropriations for any fis24 cal year for programs and activities funded 

25 under this title shall be available for obligation 
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1 only on the basis of a program year. The pro2 gram year shall begin on July 1 in the fiscal 

3 year for which the appropriation is made. 

4 (B) YOUTH WORKFORCE INVESTMENT AC5 TIVITIES.—The Secretary may make available 

6 for obligation, beginning April 1 of any fiscal 

7 year, funds appropriated for such fiscal year to 

8 carry out youth workforce investment activities 

9 under subtitle B and activities under section 

10 171. 

11 (2) AVAILABILITY.— 

12 (A) IN GENERAL.—Funds obligated for any 

13 program year for a program or activity funded 

14 under subtitle B may be expended by each State 

15 receiving such funds during that program year 

16 and the 2 succeeding program years. Funds re17 ceived by local areas from States under subtitle 

18 B during a program year may be expended dur19 ing that program year and the succeeding pro20 gram year. 

21 (B) CERTAIN NATIONAL ACTIVITIES.— 

22 (i) IN GENERAL.—Funds obligated for 

23 any program year for any program or ac24 tivity carried out under section 169 shall 

25 remain available until expended. 
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1 (ii) INCREMENTAL FUNDING BASIS.—A 

2 contract or arrangement entered into under 

3 the authority of subsection (a) or (b) of sec4 tion 169 (relating to evaluations, research 

5 projects, studies and reports, and multistate 

6 projects), including a long-term, nonsever7 able services contract, may be funded on an 

8 incremental basis with annual appropria9 tions or other available funds. 

10 (C) SPECIAL RULE.—No amount of the 

11 funds obligated for a program year for a pro12 gram or activity funded under this title shall be 

13 deobligated on account of a rate of expenditure 

14 that is consistent with a State plan, an oper15 ating plan described in section 151, or a plan, 

16 grant agreement, contract, application, or other 

17 agreement described in subtitle D, as appro18 priate. 

19 (D) FUNDS FOR PAY-FOR-PERFORMANCE

20 CONTRACT STRATEGIES.—Funds used to carry 

21 out pay-for-performance contract strategies by 

22 local areas shall remain available until ex23 pended. 

24 (h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE

25 ACT.—The Secretary shall ensure that each individual par-
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1 ticipating in any program or activity established under this 

2 title, or receiving any assistance or benefit under this title, 

3 has not violated section 3 of the Military Selective Service 

4 Act (50 U.S.C. App. 453) by not presenting and submitting 

5 to registration as required pursuant to such section. The 

6 Director of the Selective Service System shall cooperate with 

7 the Secretary to enable the Secretary to carry out this sub8 section. 

9 (i) WAIVERS.— 

10 (1) SPECIAL RULE REGARDING DESIGNATED

11 AREAS.—A State that has enacted, not later than De12 cember 31, 1997, a State law providing for the des13 ignation of service delivery areas for the delivery of 

14 workforce investment activities, may use such areas 

15 as local areas under this title, notwithstanding sec16 tion 106. 

17 (2) SPECIAL RULE REGARDING SANCTIONS.—A 

18 State that has enacted, not later than December 31, 

19 1997, a State law providing for the sanctioning of 

20 such service delivery areas for failure to meet per21 formance accountability measures for workforce in22 vestment activities, may use the State law to sanction 

23 local areas for failure to meet State performance ac24 countability measures under this title. 
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1 (3) GENERAL WAIVERS OF STATUTORY OR REGU2 LATORY REQUIREMENTS.— 

3 (A) GENERAL AUTHORITY.—Notwith4 standing any other provision of law, the Sec5 retary may waive for a State, or a local area in 

6 a State, pursuant to a request submitted by the 

7 Governor of the State (in consultation with ap8 propriate local elected officials) with a plan that 

9 meets the requirements of subparagraph (B)— 

10 (i) any of the statutory or regulatory 

11 requirements of subtitle A, subtitle B, or 

12 this subtitle (except for requirements relat13 ing to wage and labor standards, including 

14 nondisplacement protections, worker rights, 

15 participation and protection of workers and 

16 participants, grievance procedures and judi17 cial review, nondiscrimination, allocation of 

18 funds to local areas, eligibility of providers 

19 or participants, the establishment and func20 tions of local areas and local boards, the 

21 funding of infrastructure costs for one-stop 

22 centers, and procedures for review and ap23 proval of plans, and other requirements re24 lating to the basic purposes of this title); 

25 and 
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1 (ii) any of the statutory or regulatory 

2 requirements of sections 8 through 10 of the 

3 Wagner-Peyser Act (29 U.S.C. 49g through 

4 49i) (excluding requirements relating to the 

5 provision of services to unemployment in6 surance claimants and veterans, and re7 quirements relating to universal access to 

8 basic labor exchange services without cost to 

9 jobseekers). 

10 (B) REQUESTS.—A Governor requesting a 

11 waiver under subparagraph (A) shall submit a 

12 plan to the Secretary to improve the statewide 

13 workforce development system that— 

14 (i) identifies the statutory or regu15 latory requirements that are requested to be 

16 waived and the goals that the State or local 

17 area in the State, as appropriate, intends to 

18 achieve as a result of the waiver; 

19 (ii) describes the actions that the State 

20 or local area, as appropriate, has under21 taken to remove State or local statutory or 

22 regulatory barriers; 

23 (iii) describes the goals of the waiver 

24 and the expected programmatic outcomes if 

25 the request is granted; 
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1 (iv) describes the individuals impacted 

2 by the waiver; and 

3 (v) describes the process used to mon4 itor the progress in implementing such a 

5 waiver, and the process by which notice 

6 and, in the case of a waiver for a local 

7 area, an opportunity to comment on such 

8 request has been provided to the local board 

9 for the local area for which the waiver is re10 quested. 

11 (C) CONDITIONS.—Not later than 90 days 

12 after the date of the original submission of a re13 quest for a waiver under subparagraph (A), the 

14 Secretary shall provide a waiver under this sub15 section if and only to the extent that— 

16 (i) the Secretary determines that the 

17 requirements requested to be waived impede 

18 the ability of the State or local area, as ap19 propriate, to implement the plan described 

20 in subparagraph (B); and 

21 (ii) the State has executed a memo22 randum of understanding with the Sec23 retary requiring such State to meet, or en24 sure that the local area for which the waiver 

25 is requested meets, agreed-upon outcomes 
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1 and to implement other appropriate meas2 ures to ensure accountability. 

3 (D) EXPEDITED DETERMINATION REGARD4 ING PROVISION OF WAIVERS.—If the Secretary 

5 has approved a waiver of statutory or regulatory 

6 requirements for a State or local area pursuant 

7 to this subsection, the Secretary shall expedite 

8 the determination regarding the provision of that 

9 waiver, for another State or local area if such 

10 waiver is in accordance with the approved State 

11 or local plan, as appropriate. 

12 SEC. 190. WORKFORCE FLEXIBILITY PLANS. 

13 (a) PLANS.—A State may submit to the Secretary, and 

14 the Secretary may approve, a workforce flexibility plan 

15 under which the State is authorized to waive, in accordance 

16 with the plan— 

17 (1) any of the statutory or regulatory require18 ments applicable under this title to local areas, pur19 suant to applications for such waivers from the local 

20 areas, except for requirements relating to the basic 

21 purposes of this title, wage and labor standards, 

22 grievance procedures and judicial review, non23 discrimination, eligibility of participants, allocation 

24 of funds to local areas, establishment and functions of 

25 local areas and local boards, procedures for review 
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1 and approval of local plans, and worker rights, par2 ticipation, and protection; 

3 (2) any of the statutory or regulatory require4 ments applicable under sections 8 through 10 of the 

5 Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the 

6 State (excluding requirements relating to the provi7 sion of services to unemployment insurance claimants 

8 and veterans, and requirements relating to universal 

9 access to basic labor exchange services without cost to 

10 jobseekers); and 

11 (3) any of the statutory or regulatory require12 ments applicable under the Older Americans Act of 

13 1965 (42 U.S.C. 3001 et seq.) to State agencies on 

14 aging with respect to activities carried out using 

15 funds allotted under section 506(b) of such Act (42 

16 U.S.C. 3056d(b)), except for requirements relating to 

17 the basic purposes of such Act, wage and labor stand18 ards, eligibility of participants in the activities, and 

19 standards for grant agreements. 

20 (b) CONTENT OF PLANS.—A workforce flexibility plan 

21 implemented by a State under subsection (a) shall include 

22 descriptions of— 

23 (1)(A) the process by which local areas in the 

24 State may submit and obtain approval by the State 
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1 of applications for waivers of requirements applicable 

2 under this title; and 

3 (B) the requirements described in subparagraph 

4 (A) that are likely to be waived by the State under 

5 the plan; 

6 (2) the requirements applicable under sections 8 

7 through 10 of the Wagner-Peyser Act that are pro8 posed to be waived, if any; 

9 (3) the requirements applicable under the Older 

10 Americans Act of 1965 that are proposed to be 

11 waived, if any; 

12 (4) the outcomes to be achieved by the waivers 

13 described in paragraphs (1) through (3); and 

14 (5) other measures to be taken to ensure appro15 priate accountability for Federal funds in connection 

16 with the waivers. 

17 (c) PERIODS.—The Secretary may approve a work18 force flexibility plan for a period of not more than 5 years. 

19 (d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to 

20 submitting a workforce flexibility plan to the Secretary for 

21 approval, the State shall provide to all interested parties 

22 and to the general public adequate notice of and a reason23 able opportunity for comment on the waiver requests pro24 posed to be implemented pursuant to such plan. 
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1 SEC. 191. STATE LEGISLATIVE AUTHORITY. 

2 (a) AUTHORITY OF STATE LEGISLATURE.—Nothing in 

3 this title shall be interpreted to preclude the enactment of 

4 State legislation providing for the implementation, con5 sistent with the provisions of this title, of the activities as6 sisted under this title. Any funds received by a State under 

7 this title shall be subject to appropriation by the State legis8 lature, consistent with the terms and conditions required 

9 under this title. 

10 (b) INTERSTATE COMPACTS AND COOPERATIVE

11 AGREEMENTS.—In the event that compliance with provi12 sions of this title would be enhanced by compacts and coop13 erative agreements between States, the consent of Congress 

14 is given to States to enter into such compacts and agree15 ments to facilitate such compliance, subject to the approval 

16 of the Secretary. 

17 SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EM18 PLOYMENT SECURITY AGENCY REAL PROP19 ERTY TO THE STATES. 

20 (a) TRANSFER OF FEDERAL EQUITY.—Notwith21 standing any other provision of law, any Federal equity 

22 acquired in real property through grants to States awarded 

23 under title III of the Social Security Act (42 U.S.C. 501 

24 et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et 

25 seq.) is transferred to the States that used the grants for 

26 the acquisition of such equity. The portion of any real prop-
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1 erty that is attributable to the Federal equity transferred 

2 under this section shall be used to carry out activities au3 thorized under this Act, title III of the Social Security Act, 

4 or the Wagner-Peyser Act. Any disposition of such real 

5 property shall be carried out in accordance with the proce6 dures prescribed by the Secretary and the portion of the 

7 proceeds from the disposition of such real property that is 

8 attributable to the Federal equity transferred under this sec9 tion shall be used to carry out activities authorized under 

10 this Act, title III of the Social Security Act, or the Wagner11 Peyser Act. 

12 (b) LIMITATION ON USE.—A State shall not use funds 

13 awarded under this Act, title III of the Social Security Act, 

14 or the Wagner-Peyser Act to amortize the costs of real prop15 erty that is purchased by any State on or after the date 

16 of enactment of the Revised Continuing Appropriations 

17 Resolution, 2007. 

18 SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLI19 CIES. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of this title, the Secretary may not deny approval of 

22 a State plan for a covered State, or an application of a 

23 covered State for financial assistance, under this title, or 

24 find a covered State (including a State board or Governor), 

25 or a local area (including a local board or chief elected offi-
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1 cial) in a covered State, in violation of a provision of this 

2 title, on the basis that— 

3 (1)(A) the State proposes to allocate or disburse, 

4 allocates, or disburses, within the State, funds made 

5 available to the State under section 127 or 132 in ac6 cordance with the allocation formula for the type of 

7 activities involved, or in accordance with a disbursal 

8 procedure or process, used by the State under prior 

9 consistent State laws; or 

10 (B) a local board in the State proposes to dis11 burse, or disburses, within the local area, funds made 

12 available to the State under section 127 or 132 in ac13 cordance with a disbursal procedure or process used 

14 by a private industry council under prior consistent 

15 State law; 

16 (2) the State proposes to carry out or carries out 

17 a State procedure through which local areas use, as 

18 fiscal agents for funds made available to the State 

19 under section 127 or 132 and allocated within the 

20 State, fiscal agents selected in accordance with a 

21 process established under prior consistent State laws; 

22 (3) the State proposes to carry out or carries out 

23 a State procedure through which the local boards in 

24 the State (or the local boards, the chief elected officials 

25 in the State, and the Governor) designate or select the 
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1 one-stop partners and one-stop operators of the state2 wide system in the State under prior consistent State 

3 laws, in lieu of making the designation or certifi4 cation described in section 121 (regardless of the date 

5 the one-stop delivery systems involved have been estab6 lished); 

7 (4) the State proposes to carry out or carries out 

8 a State procedure through which the persons respon9 sible for selecting eligible providers for purposes of 

10 subtitle B are permitted to determine that a provider 

11 shall not be selected to provide both intake services 

12 under section 134(c)(2) and training services under 

13 section 134(c)(3), under prior consistent State laws; 

14 (5) the State proposes to designate or designates 

15 a State board, or proposes to assign or assigns func16 tions and roles of the State board (including deter17 mining the time periods for development and submis18 sion of a State plan required under section 102 or 

19 103), for purposes of subtitle A in accordance with 

20 prior consistent State laws; or 

21 (6) a local board in the State proposes to use or 

22 carry out, uses, or carries out a local plan (including 

23 assigning functions and roles of the local board) for 

24 purposes of subtitle A in accordance with the authori25 ties and requirements applicable to local plans and 
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1 private industry councils under prior consistent State 

2 laws. 

3 (b) DEFINITION.—In this section: 

4 (1) COVERED STATE.—The term ‘‘covered State’’ 

5 means a State that enacted State laws described in 

6 paragraph (2). 

7 (2) PRIOR CONSISTENT STATE LAWS.—The term 

8 ‘‘prior consistent State laws’’ means State laws, not 

9 inconsistent with the Job Training Partnership Act 

10 or any other applicable Federal law, that took effect 

11 on September 1, 1993, September 1, 1995, and Sep12 tember 1, 1997. 

13 SEC. 194. GENERAL PROGRAM REQUIREMENTS. 

14 Except as otherwise provided in this title, the following 

15 conditions apply to all programs under this title: 

16 (1) Each program under this title shall provide 

17 employment and training opportunities to those who 

18 can benefit from, and who are most in need of, such 

19 opportunities. In addition, the recipients of Federal 

20 funding for programs under this title shall make ef21 forts to develop programs that contribute to occupa22 tional development, upward mobility, development of 

23 new careers, and opportunities for nontraditional em24 ployment. 
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1 (2) Funds provided under this title shall only be 

2 used for activities that are in addition to activities 

3 that would otherwise be available in the local area in 

4 the absence of such funds. 

5 (3)(A) Any local area may enter into an agree6 ment with another local area (including a local area 

7 that is a city or county within the same labor mar8 ket) to pay or share the cost of educating, training, 

9 or placing individuals participating in programs as10 sisted under this title, including the provision of sup11 portive services. 

12 (B) Such agreement shall be approved by each 

13 local board for a local area entering into the agree14 ment and shall be described in the local plan under 

15 section 108. 

16 (4) On-the-job training contracts under this title, 

17 shall not be entered into with employers who have re18 ceived payments under previous contracts under this 

19 Act or the Workforce Investment Act of 1998 and have 

20 exhibited a pattern of failing to provide on-the-job 

21 training participants with continued long-term em22 ployment as regular employees with wages and em23 ployment benefits (including health benefits) and 

24 working conditions at the same level and to the same 
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1 extent as other employees working a similar length of 

2 time and doing the same type of work. 

3 (5) No person or organization may charge an in4 dividual a fee for the placement or referral of the in5 dividual in or to a workforce investment activity 

6 under this title. 

7 (6) The Secretary shall not provide financial as8 sistance for any program under this title that in9 volves political activities. 

10 (7)(A) Income under any program administered 

11 by a public or private nonprofit entity may be re12 tained by such entity only if such income is used to 

13 continue to carry out the program. 

14 (B) Income subject to the requirements of sub15 paragraph (A) shall include— 

16 (i) receipts from goods or services (includ17 ing conferences) provided as a result of activities 

18 funded under this title; 

19 (ii) funds provided to a service provider 

20 under this title that are in excess of the costs as21 sociated with the services provided; and 

22 (iii) interest income earned on funds re23 ceived under this title. 

24 (C) For purposes of this paragraph, each entity 

25 receiving financial assistance under this title shall 
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1 maintain records sufficient to determine the amount 

2 of such income received and the purposes for which 

3 such income is expended. 

4 (8)(A) The Secretary shall notify the Governor 

5 and the appropriate local board and chief elected offi6 cial of, and consult with the Governor and such board 

7 and official concerning, any activity to be funded by 

8 the Secretary under this title within the cor9 responding State or local area. 

10 (B) The Governor shall notify the appropriate 

11 local board and chief elected official of, and consult 

12 with such board and official concerning, any activity 

13 to be funded by the Governor under this title within 

14 the corresponding local area. 

15 (9)(A) All education programs for youth sup16 ported with funds provided under chapter 2 of subtitle 

17 B shall be consistent with applicable State and local 

18 educational standards. 

19 (B) Standards and procedures with respect to 

20 awarding academic credit and certifying educational 

21 attainment in programs conducted under such chap22 ter shall be consistent with the requirements of appli23 cable State and local law, including regulation. 
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1 (10) No funds available under this title may be 

2 used for public service employment except as specifi3 cally authorized under this title. 

4 (11) The Federal requirements governing the 

5 title, use, and disposition of real property, equipment, 

6 and supplies purchased with funds provided under 

7 this title shall be the corresponding Federal require8 ments generally applicable to such items purchased 

9 through Federal grants to States and local govern10 ments. 

11 (12) Nothing in this title shall be construed to 

12 provide an individual with an entitlement to a serv13 ice under this title. 

14 (13) Services, facilities, or equipment funded 

15 under this title may be used, as appropriate, on a fee16 for-service basis, by employers in a local area in 

17 order to provide employment and training activities 

18 to incumbent workers— 

19 (A) when such services, facilities, or equip20 ment are not in use for the provision of services 

21 for eligible participants under this title; 

22 (B) if such use for incumbent workers would 

23 not have an adverse effect on the provision of 

24 services to eligible participants under this title; 

25 and 
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1 (C) if the income derived from such fees is 

2 used to carry out the programs authorized under 

3 this title. 

4 (14) Funds provided under this title shall not be 

5 used to establish or operate a stand-alone fee-for-serv6 ice enterprise in a situation in which a private sector 

7 employment agency (as defined in section 701 of the 

8 Civil Rights Act of 1964 (42 U.S.C. 2000e)) is pro9 viding full access to similar or related services in such 

10 a manner as to fully meet the identified need. For 

11 purposes of this paragraph, such an enterprise does 

12 not include a one-stop delivery system described in 

13 section 121(e). 

14 (15)(A) None of the funds available under this 

15 title shall be used by a recipient or subrecipient of 

16 such funds to pay the salary and bonuses of an indi17 vidual, either as direct costs or indirect costs, at a 

18 rate in excess of the annual rate of basic pay pre19 scribed for level II of the Executive Schedule under 

20 section 5313 of title 5, United States Code. 

21 (B) The limitation described in subparagraph 

22 (A) shall not apply to vendors providing goods and 

23 services as defined in Office of Management and 

24 Budget Circular A–133. In a case in which a State 

25 is a recipient of such funds, the State may establish 
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1 a lower limit than is provided in subparagraph (A) 

2 for salaries and bonuses of those receiving salaries 

3 and bonuses from a subrecipient of such funds, taking 

4 into account factors including the relative cost of liv5 ing in the State, the compensation levels for com6 parable State or local government employees, and the 

7 size of the organizations that administer the Federal 

8 programs involved. 

9 SEC. 195. RESTRICTIONS ON LOBBYING ACTIVITIES. 

10 (a) PUBLICITY RESTRICTIONS.— 

11 (1) IN GENERAL.—No funds provided under this 

12 Act shall be used for— 

13 (A) publicity or propaganda purposes; or 

14 (B) the preparation, distribution, or use of 

15 any kit, pamphlet, booklet, publication, elec16 tronic communication, radio, television, or video 

17 presentation designed to support or defeat— 

18 (i) the enactment of legislation before 

19 Congress or any State or local legislature or 

20 legislative body; or 

21 (ii) any proposed or pending regula22 tion, administrative action, or order issued 

23 by the executive branch of any State or 

24 local government. 
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1 (2) EXCEPTION.—Paragraph (1) shall not apply 

2 to— 

3 (A) normal and recognized executive-legisla4 tive relationships; 

5 (B) the preparation, distribution, or use of 

6 the materials described in paragraph (1)(B) in 

7 presentation to Congress or any State or local 

8 legislature or legislative body; or 

9 (C) such preparation, distribution, or use of 

10 such materials in presentation to the executive 

11 branch of any State or local government. 

12 (b) SALARY RESTRICTIONS.— 

13 (1) IN GENERAL.—No funds provided under this 

14 Act shall be used to pay the salary or expenses of any 

15 grant or contract recipient, or agent acting for such 

16 recipient, related to any activity designed to influence 

17 the enactment or issuance of legislation, appropria18 tions, regulations, administrative action, or an Exec19 utive order proposed or pending before Congress or 

20 any State government, or a State or local legislature 

21 or legislative body. 

22 (2) EXCEPTION.—Paragraph (1) shall not apply 

23 to— 

24 (A) normal and recognized executive-legisla25 tive relationships; or 
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1 (B) participation by an agency or officer of 

2 a State, local, or tribal government in policy3 making and administrative processes within the 

4 executive branch of that government. 

5 TITLE II—ADULT EDUCATION 

6 AND LITERACY 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Adult Education and 

9 Family Literacy Act’’. 

10 SEC. 202. PURPOSE. 

11 It is the purpose of this title to create a partnership 

12 among the Federal Government, States, and localities to 

13 provide, on a voluntary basis, adult education and literacy 

14 activities, in order to— 

15 (1) assist adults to become literate and obtain 

16 the knowledge and skills necessary for employment 

17 and economic self-sufficiency; 

18 (2) assist adults who are parents or family mem19 bers to obtain the education and skills that— 

20 (A) are necessary to becoming full partners 

21 in the educational development of their children; 

22 and 

23 (B) lead to sustainable improvements in the 

24 economic opportunities for their family; 
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1 (3) assist adults in attaining a secondary school 

2 diploma and in the transition to postsecondary edu3 cation and training, including through career path4 ways; and 

5 (4) assist immigrants and other individuals who 

6 are English language learners in— 

7 (A) improving their— 

8 (i) reading, writing, speaking, and 

9 comprehension skills in English; and 

10 (ii) mathematics skills; and 

11 (B) acquiring an understanding of the 

12 American system of Government, individual free13 dom, and the responsibilities of citizenship. 

14 SEC. 203. DEFINITIONS. 

15 In this title: 

16 (1) ADULT EDUCATION.—The term ‘‘adult edu17 cation’’ means academic instruction and education 

18 services below the postsecondary level that increase an 

19 individual’s ability to— 

20 (A) read, write, and speak in English and 

21 perform mathematics or other activities nec22 essary for the attainment of a secondary school 

23 diploma or its recognized equivalent; 

24 (B) transition to postsecondary education 

25 and training; and 
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1 (C) obtain employment. 

2 (2) ADULT EDUCATION AND LITERACY ACTIVI3 TIES.—The term ‘‘adult education and literacy activi4 ties’’ means programs, activities, and services that in5 clude adult education, literacy, workplace adult edu6 cation and literacy activities, family literacy activi7 ties, English language acquisition activities, inte8 grated English literacy and civics education, work9 force preparation activities, or integrated education 

10 and training. 

11 (3) ELIGIBLE AGENCY.—The term ‘‘eligible agen12 cy’’ means the sole entity or agency in a State or an 

13 outlying area responsible for administering or super14 vising policy for adult education and literacy activi15 ties in the State or outlying area, respectively, con16 sistent with the law of the State or outlying area, re17 spectively. 

18 (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

19 individual’’ means an individual— 

20 (A) who has attained 16 years of age; 

21 (B) who is not enrolled or required to be en22 rolled in secondary school under State law; and 

23 (C) who— 

24 (i) is basic skills deficient; 
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1 (ii) does not have a secondary school 

2 diploma or its recognized equivalent, and 

3 has not achieved an equivalent level of edu4 cation; or 

5 (iii) is an English language learner. 

6 (5) ELIGIBLE PROVIDER.—The term ‘‘eligible 

7 provider’’ means an organization that has dem8 onstrated effectiveness in providing adult education 

9 and literacy activities that may include — 

10 (A) a local educational agency; 

11 (B) a community-based organization or 

12 faith-based organization; 

13 (C) a volunteer literacy organization; 

14 (D) an institution of higher education; 

15 (E) a public or private nonprofit agency; 

16 (F) a library; 

17 (G) a public housing authority; 

18 (H) a nonprofit institution that is not de19 scribed in any of subparagraphs (A) through (G) 

20 and has the ability to provide adult education 

21 and literacy activities to eligible individuals; 

22 (I) a consortium or coalition of the agen23 cies, organizations, institutions, libraries, or au24 thorities described in any of subparagraphs (A) 

25 through (H); and 
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1 (J) a partnership between an employer and 

2 an entity described in any of subparagraphs (A) 

3 through (I). 

4 (6) ENGLISH LANGUAGE ACQUISITION PRO5 GRAM.—The term ‘‘English language acquisition pro6 gram’’ means a program of instruction— 

7 (A) designed to help eligible individuals 

8 who are English language learners achieve com9 petence in reading, writing, speaking, and com10 prehension of the English language; and 

11 (B) that leads to— 

12 (i)(I) attainment of a secondary school 

13 diploma or its recognized equivalent; and 

14 (II) transition to postsecondary edu15 cation and training; or 

16 (ii) employment. 

17 (7) ENGLISH LANGUAGE LEARNER.—The term 

18 ‘‘English language learner’’ when used with respect to 

19 an eligible individual, means an eligible individual 

20 who has limited ability in reading, writing, speaking, 

21 or comprehending the English language, and— 

22 (A) whose native language is a language 

23 other than English; or 
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1 (B) who lives in a family or community en2 vironment where a language other than English 

3 is the dominant language. 

4 (8) ESSENTIAL COMPONENTS OF READING IN5 STRUCTION.—The term ‘‘essential components of read6 ing instruction’’ has the meaning given the term in 

7 section 1208 of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 6368). 

9 (9) FAMILY LITERACY ACTIVITIES.—The term 

10 ‘‘family literacy activities’’ means activities that are 

11 of sufficient intensity and quality, to make sustain12 able improvements in the economic prospects for a 

13 family and that better enable parents or family mem14 bers to support their children’s learning needs, and 

15 that integrate all of the following activities: 

16 (A) Parent or family adult education and 

17 literacy activities that lead to readiness for post18 secondary education or training, career advance19 ment, and economic self-sufficiency. 

20 (B) Interactive literacy activities between 

21 parents or family members and their children. 

22 (C) Training for parents or family members 

23 regarding how to be the primary teacher for 

24 their children and full partners in the education 

25 of their children. 
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1 (D) An age-appropriate education to pre2 pare children for success in school and life expe3 riences. 

4 (10) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the mean6 ing given the term in section 101 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1001). 

8 (11) INTEGRATED EDUCATION AND TRAINING.— 

9 The term ‘‘integrated education and training’’ means 

10 a service approach that provides adult education and 

11 literacy activities concurrently and contextually with 

12 workforce preparation activities and workforce train13 ing for a specific occupation or occupational cluster 

14 for the purpose of educational and career advance15 ment. 

16 (12) INTEGRATED ENGLISH LITERACY AND

17 CIVICS EDUCATION.—The term ‘‘integrated English 

18 literacy and civics education’’ means education serv19 ices provided to English language learners who are 

20 adults, including professionals with degrees and cre21 dentials in their native countries, that enables such 

22 adults to achieve competency in the English language 

23 and acquire the basic and more advanced skills need24 ed to function effectively as parents, workers, and 

25 citizens in the United States. Such services shall in-
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1 clude instruction in literacy and English language 

2 acquisition and instruction on the rights and respon3 sibilities of citizenship and civic participation, and 

4 may include workforce training. 

5 (13) LITERACY.—The term ‘‘literacy’’ means an 

6 individual’s ability to read, write, and speak in 

7 English, compute, and solve problems, at levels of pro8 ficiency necessary to function on the job, in the fam9 ily of the individual, and in society. 

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 college or univer18 sity; 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. 

24 (16) WORKPLACE ADULT EDUCATION AND LIT25 ERACY ACTIVITIES.—The term ‘‘workplace adult edu-
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1 cation and literacy activities’’ means adult education 

2 and literacy activities offered by an eligible provider 

3 in collaboration with an employer or employee orga4 nization at a workplace or an off-site location that is 

5 designed to improve the productivity of the workforce. 

6 (17) WORKFORCE PREPARATION ACTIVITIES.— 

7 The term ‘‘workforce preparation activities’’ means 

8 activities, programs, or services designed to help an 

9 individual acquire a combination of basic academic 

10 skills, critical thinking skills, digital literacy skills, 

11 and self-management skills, including competencies in 

12 utilizing resources, using information, working with 

13 others, understanding systems, and obtaining skills 

14 necessary for successful transition into and comple15 tion of postsecondary education or training, or em16 ployment. 

17 SEC. 204. HOME SCHOOLS. 

18 Nothing in this title shall be construed to affect home 

19 schools, whether a home school is treated as a home school 

20 or a private school under State law, or to compel a parent 

21 or family member engaged in home schooling to participate 

22 in adult education and literacy activities. 
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1 SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSEC2 ONDARY TRANSITION AND CONCURRENT EN3 ROLLMENT ACTIVITIES. 

4 Nothing in this title shall be construed to prohibit or 

5 discourage the use of funds provided under this title for 

6 adult education and literacy activities that help eligible in7 dividuals transition to postsecondary education and train8 ing or employment, or for concurrent enrollment activities. 

9 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to carry out 

11 this title $577,667,000 for fiscal year 2015, $622,286,000 

12 for fiscal year 2016, $635,198,000 for fiscal year 2017, 

13 $649,287,000 for fiscal year 2018, $664,552,000 for fiscal 

14 year 2019, and $678,640,000 for fiscal year 2020. 

15 Subtitle A—Federal Provisions 

16 SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

17 AGENCIES; ALLOTMENTS. 

18 (a) RESERVATION OF FUNDS.—From the sum appro19 priated under section 206 for a fiscal year, the Secretary— 

20 (1) shall reserve 2 percent to carry out section 

21 242, except that the amount so reserved shall not ex22 ceed $15,000,000; and 

23 (2) shall reserve 12 percent of the amount that 

24 remains after reserving funds under paragraph (1) to 

25 carry out section 243. 

26 (b) GRANTS TO ELIGIBLE AGENCIES.— 
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1 (1) IN GENERAL.—From the sum appropriated 

2 under section 206 and not reserved under subsection 

3 (a) for a fiscal year, the Secretary shall award a 

4 grant to each eligible agency having a unified State 

5 plan approved under section 102 or a combined State 

6 plan approved under section 103 in an amount equal 

7 to the sum of the initial allotment under subsection 

8 (c)(1) and the additional allotment under subsection 

9 (c)(2) for the eligible agency for the fiscal year, sub10 ject to subsections (f) and (g), to enable the eligible 

11 agency to carry out the activities assisted under this 

12 title. 

13 (2) PURPOSE OF GRANTS.—The Secretary may 

14 award a grant under paragraph (1) only if the eligi15 ble entity involved agrees to expend the grant for 

16 adult education and literacy activities in accordance 

17 with the provisions of this title. 

18 (c) ALLOTMENTS.— 

19 (1) INITIAL ALLOTMENTS.—From the sum ap20 propriated under section 206 and not reserved under 

21 subsection (a) for a fiscal year, the Secretary shall 

22 allot to each eligible agency having a unified State 

23 plan approved under section 102 or a combined State 

24 plan approved under section 103— 
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1 (A) $100,000, in the case of an eligible 

2 agency serving an outlying area; and 

3 (B) $250,000, in the case of any other eligi4 ble agency. 

5 (2) ADDITIONAL ALLOTMENTS.—From the sum 

6 appropriated under section 206, not reserved under 

7 subsection (a), and not allotted under paragraph (1), 

8 for a fiscal year, the Secretary shall allot to each eli9 gible agency that receives an initial allotment under 

10 paragraph (1) an additional amount that bears the 

11 same relationship to such sum as the number of 

12 qualifying adults in the State or outlying area served 

13 by the eligible agency bears to the number of such 

14 adults in all States and outlying areas. 

15 (d) QUALIFYING ADULT.—For the purpose of sub16 section (c)(2), the term ‘‘qualifying adult’’ means an adult 

17 who— 

18 (1) is at least 16 years of age; 

19 (2) is beyond the age of compulsory school at20 tendance under the law of the State or outlying area; 

21 (3) does not have a secondary school diploma or 

22 its recognized equivalent; and 

23 (4) is not enrolled in secondary school. 

24 (e) SPECIAL RULE.— 
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1 (1) IN GENERAL.—From amounts made avail2 able under subsection (c) for the Republic of Palau, 

3 the Secretary shall award grants to Guam, American 

4 Samoa, the Commonwealth of the Northern Mariana 

5 Islands, or the Republic of Palau to carry out activi6 ties described in this title in accordance with the pro7 visions of this title, as determined by the Secretary. 

8 (2) AWARD BASIS.—The Secretary shall award 

9 grants pursuant to paragraph (1) on a competitive 

10 basis and pursuant to the recommendations from the 

11 Pacific Region Educational Laboratory in Honolulu, 

12 Hawaii. 

13 (3) TERMINATION OF ELIGIBILITY.—Notwith14 standing any other provision of law, the Republic of 

15 Palau shall be eligible to receive a grant under this 

16 title except during the period described in section 

17 3(45). 

18 (4) ADMINISTRATIVE COSTS.—The Secretary 

19 may provide not more than 5 percent of the funds 

20 made available for grants under this subsection to 

21 pay the administrative costs of the Pacific Region 

22 Educational Laboratory regarding activities assisted 

23 under this subsection. 

24 (f) HOLD-HARMLESS PROVISIONS.— 
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1 (1) IN GENERAL.—Notwithstanding subsection 

2 (c), for fiscal year 2015 and each succeeding fiscal 

3 year, no eligible agency shall receive an allotment 

4 under this section that is less than 90 percent of the 

5 allotment the eligible agency received for the pre6 ceding fiscal year under this section. 

7 (2) RATABLE REDUCTION.—If for any fiscal year 

8 the amount available for allotment under this title is 

9 insufficient to satisfy the provisions of paragraph (1) 

10 the Secretary shall ratably reduce the payments to all 

11 eligible agencies, as necessary. 

12 (g) REALLOTMENT.—The portion of any eligible agen13 cy’s allotment under this title for a fiscal year that the Sec14 retary determines will not be required for the period such 

15 allotment is available for carrying out activities under this 

16 title, shall be available for reallotment from time to time, 

17 on such dates during such period as the Secretary shall fix, 

18 to other eligible agencies in proportion to the original allot19 ments to such agencies under this title for such year. 

20 SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

21 Programs and activities authorized in this title are 

22 subject to the performance accountability provisions de23 scribed in section 116. 
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1 Subtitle B—State Provisions 

2 SEC. 221. STATE ADMINISTRATION. 

3 Each eligible agency shall be responsible for the State 

4 or outlying area administration of activities under this 

5 title, including— 

6 (1) the development, implementation, and moni7 toring of the relevant components of the unified State 

8 plan in section 102 or the combined State plan in 

9 section 103; 

10 (2) consultation with other appropriate agencies, 

11 groups, and individuals that are involved in, or in12 terested in, the development and implementation of 

13 activities assisted under this title; and 

14 (3) coordination and nonduplication with other 

15 Federal and State education, training, corrections, 

16 public housing, and social service programs. 

17 SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE18 QUIREMENT. 

19 (a) STATE DISTRIBUTION OF FUNDS.—Each eligible 

20 agency receiving a grant under section 211(b) for a fiscal 

21 year— 

22 (1) shall use not less than 82.5 percent of the 

23 grant funds to award grants and contracts under sec24 tion 231 and to carry out section 225, of which not 
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1 more than 20 percent of such amount shall be avail2 able to carry out section 225; 

3 (2) shall use not more than 12.5 percent of the 

4 grant funds to carry out State leadership activities 

5 under section 223; and 

6 (3) shall use not more than 5 percent of the 

7 grant funds, or $85,000, whichever is greater, for the 

8 administrative expenses of the eligible agency. 

9 (b) MATCHING REQUIREMENT.— 

10 (1) IN GENERAL.—In order to receive a grant 

11 from the Secretary under section 211(b) each eligible 

12 agency shall provide, for the costs to be incurred by 

13 the eligible agency in carrying out the adult edu14 cation and literacy activities for which the grant is 

15 awarded, a non-Federal contribution in an amount 

16 that is not less than— 

17 (A) in the case of an eligible agency serving 

18 an outlying area, 12 percent of the total amount 

19 of funds expended for adult education and lit20 eracy activities in the outlying area, except that 

21 the Secretary may decrease the amount of funds 

22 required under this subparagraph for an eligible 

23 agency; and 

24 (B) in the case of an eligible agency serving 

25 a State, 25 percent of the total amount of funds 
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1 expended for adult education and literacy activi2 ties in the State. 

3 (2) NON-FEDERAL CONTRIBUTION.—An eligible 

4 agency’s non-Federal contribution required under 

5 paragraph (1) may be provided in cash or in kind, 

6 fairly evaluated, and shall include only non-Federal 

7 funds that are used for adult education and literacy 

8 activities in a manner that is consistent with the pur9 pose of this title. 

10 SEC. 223. STATE LEADERSHIP ACTIVITIES. 

11 (a) ACTIVITIES.— 

12 (1) REQUIRED.—Each eligible agency shall use 

13 funds made available under section 222(a)(2) for the 

14 following adult education and literacy activities to 

15 develop or enhance the adult education system of the 

16 State or outlying area: 

17 (A) The alignment of adult education and 

18 literacy activities with other core programs and 

19 one-stop partners, including eligible providers, to 

20 implement the strategy identified in the unified 

21 State plan under section 102 or the combined 

22 State plan under section 103, including the de23 velopment of career pathways to provide access 

24 to employment and training services for individ25 uals in adult education and literacy activities. 
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1 (B) The establishment or operation of high 

2 quality professional development programs to 

3 improve the instruction provided pursuant to 

4 local activities required under section 231(b), in5 cluding instruction incorporating the essential 

6 components of reading instruction as such com7 ponents relate to adults, instruction related to 

8 the specific needs of adult learners, instruction 

9 provided by volunteers or by personnel of a State 

10 or outlying area, and dissemination of informa11 tion about models and promising practices re12 lated to such programs. 

13 (C) The provision of technical assistance to 

14 eligible providers of adult education and literacy 

15 activities receiving funds under this title, includ16 ing— 

17 (i) the development and dissemination 

18 of instructional and programmatic prac19 tices based on the most rigorous or scientif20 ically valid research available and appro21 priate, in reading, writing, speaking, math22 ematics, English language acquisition pro23 grams, distance education, and staff train24 ing; 
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1 (ii) the role of eligible providers as a 

2 one-stop partner to provide access to em3 ployment, education, and training services; 

4 and 

5 (iii) assistance in the use of technology, 

6 including for staff training, to eligible pro7 viders, especially the use of technology to 

8 improve system efficiencies. 

9 (D) The monitoring and evaluation of the 

10 quality of, and the improvement in, adult edu11 cation and literacy activities and the dissemina12 tion of information about models and proven or 

13 promising practices within the State. 

14 (2) PERMISSIBLE ACTIVITIES.—Each eligible 

15 agency may use funds made available under section 

16 222(a)(2) for 1 or more of the following adult edu17 cation and literacy activities: 

18 (A) The support of State or regional net19 works of literacy resource centers. 

20 (B) The development and implementation of 

21 technology applications, translation technology, 

22 or distance education, including professional de23 velopment to support the use of instructional 

24 technology. 
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1 (C) Developing and disseminating cur2 ricula, including curricula incorporating the es3 sential components of reading instruction as 

4 such components relate to adults. 

5 (D) Developing content and models for inte6 grated education and training and career path7 ways. 

8 (E) The provision of assistance to eligible 

9 providers in developing and implementing pro10 grams that achieve the objectives of this title and 

11 in measuring the progress of those programs in 

12 achieving such objectives, including meeting the 

13 State adjusted levels of performance described in 

14 section 116(b)(3). 

15 (F) The development and implementation of 

16 a system to assist in the transition from adult 

17 education to postsecondary education, including 

18 linkages with postsecondary educational institu19 tions or institutions of higher education. 

20 (G) Integration of literacy and English lan21 guage instruction with occupational skill train22 ing, including promoting linkages with employ23 ers. 

24 (H) Activities to promote workplace adult 

25 education and literacy activities. 
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1 (I) Identifying curriculum frameworks and 

2 aligning rigorous content standards that— 

3 (i) specify what adult learners should 

4 know and be able to do in the areas of read5 ing and language arts, mathematics, and 

6 English language acquisition; and 

7 (ii) take into consideration the fol8 lowing: 

9 (I) State adopted academic stand10 ards. 

11 (II) The current adult skills and 

12 literacy assessments used in the State 

13 or outlying area. 

14 (III) The primary indicators of 

15 performance described in section 116. 

16 (IV) Standards and academic re17 quirements for enrollment in non18 remedial, for-credit courses in postsec19 ondary educational institutions or in20 stitutions of higher education sup21 ported by the State or outlying area. 

22 (V) Where appropriate, the con23 tent of occupational and industry skill 

24 standards widely used by business and 

25 industry in the State or outlying area. 
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1 (J) Developing and piloting of strategies for 

2 improving teacher quality and retention. 

3 (K) The development and implementation of 

4 programs and services to meet the needs of adult 

5 learners with learning disabilities or English 

6 language learners, which may include new and 

7 promising assessment tools and strategies that 

8 are based on scientifically valid research, where 

9 appropriate, and identify the needs and capture 

10 the gains of such students at the lowest achieve11 ment levels. 

12 (L) Outreach to instructors, students, and 

13 employers. 

14 (M) Other activities of statewide signifi15 cance that promote the purpose of this title. 

16 (b) COLLABORATION.—In carrying out this section, el17 igible agencies shall collaborate where possible, and avoid 

18 duplicating efforts, in order to maximize the impact of the 

19 activities described in subsection (a). 

20 (c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

21 State or outlying area implements any rule or policy relat22 ing to the administration or operation of a program au23 thorized under this title that has the effect of imposing a 

24 requirement that is not imposed under Federal law (includ25 ing any rule or policy based on a State or outlying area 
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1 interpretation of a Federal statute, regulation, or guide2 line), the State or outlying area shall identify, to eligible 

3 providers, the rule or policy as being imposed by the State 

4 or outlying area. 

5 SEC. 224. STATE PLAN. 

6 Each State desiring to receive funds under this title 

7 for any fiscal year shall submit and have approved a uni8 fied State plan in accordance with section 102 or a com9 bined State plan in accordance with section 103. 

10 SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

11 OTHER INSTITUTIONALIZED INDIVIDUALS. 

12 (a) PROGRAM AUTHORIZED.—From funds made avail13 able under section 222(a)(1) for a fiscal year, each eligible 

14 agency shall carry out corrections education and education 

15 for other institutionalized individuals. 

16 (b) USES OF FUNDS.—The funds described in sub17 section (a) shall be used for the cost of educational programs 

18 for criminal offenders in correctional institutions and for 

19 other institutionalized individuals, including academic 

20 programs for— 

21 (1) adult education and literacy activities; 

22 (2) special education, as determined by the eligi23 ble agency; 

24 (3) secondary school credit; 

25 (4) integrated education and training; 
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1 (5) career pathways; 

2 (6) concurrent enrollment; 

3 (7) peer tutoring; and 

4 (8) transition to re-entry initiatives and other 

5 postrelease services with the goal of reducing recidi6 vism. 

7 (c) PRIORITY.—Each eligible agency that is using as8 sistance provided under this section to carry out a program 

9 for criminal offenders within a correctional institution 

10 shall give priority to serving individuals who are likely to 

11 leave the correctional institution within 5 years of partici12 pation in the program. 

13 (d) REPORT.—In addition to any report required 

14 under section 116, each eligible agency that receives assist15 ance provided under this section shall annually prepare 

16 and submit to the Secretary a report on the progress, as 

17 described in section 116, of the eligible agency with respect 

18 to the programs and activities carried out under this sec19 tion, including the relative rate of recidivism for the crimi20 nal offenders served. 

21 (e) DEFINITIONS.—In this section: 

22 (1) CORRECTIONAL INSTITUTION.—The term 

23 ‘‘correctional institution’’ means any— 

24 (A) prison; 

25 (B) jail; 
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1 (C) reformatory; 

2 (D) work farm; 

3 (E) detention center; or 

4 (F) halfway house, community-based reha5 bilitation center, or any other similar institution 

6 designed for the confinement or rehabilitation of 

7 criminal offenders. 

8 (2) CRIMINAL OFFENDER.—The term ‘‘criminal 

9 offender’’ means any individual who is charged with 

10 or convicted of any criminal offense. 

11 Subtitle C—Local Provisions 

12 SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO13 VIDERS. 

14 (a) GRANTS AND CONTRACTS.—From grant funds 

15 made available under section 222(a)(1), each eligible agency 

16 shall award multiyear grants or contracts, on a competitive 

17 basis, to eligible providers within the State or outlying area 

18 to enable the eligible providers to develop, implement, and 

19 improve adult education and literacy activities within the 

20 State. 

21 (b) REQUIRED LOCAL ACTIVITIES.—The eligible agen22 cy shall require that each eligible provider receiving a grant 

23 or contract under subsection (a) use the grant or contract 

24 to establish or operate programs that provide adult edu-
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1 cation and literacy activities, including programs that pro2 vide such activities concurrently. 

3 (c) DIRECT AND EQUITABLE ACCESS; SAME PROC4 ESS.—Each eligible agency receiving funds under this title 

5 shall ensure that— 

6 (1) all eligible providers have direct and equi7 table access to apply and compete for grants or con8 tracts under this section; and 

9 (2) the same grant or contract announcement 

10 process and application process is used for all eligible 

11 providers in the State or outlying area. 

12 (d) SPECIAL RULE.—Each eligible agency awarding 

13 a grant or contract under this section shall not use any 

14 funds made available under this title for adult education 

15 and literacy activities for the purpose of supporting or pro16 viding programs, services, or activities for individuals who 

17 are not individuals described in subparagraphs (A) and (B) 

18 of section 203(4), except that such agency may use such 

19 funds for such purpose if such programs, services, or activi20 ties are related to family literacy activities. In providing 

21 family literacy activities under this title, an eligible pro22 vider shall attempt to coordinate with programs and serv23 ices that are not assisted under this title prior to using 

24 funds for adult education and literacy activities under this 
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1 title for activities other than activities for eligible individ2 uals. 

3 (e) CONSIDERATIONS.—In awarding grants or con4 tracts under this section, the eligible agency shall con5 sider— 

6 (1) the degree to which the eligible provider 

7 would be responsive to— 

8 (A) regional needs as identified in the local 

9 plan under section 108; and 

10 (B) serving individuals in the community 

11 who were identified in such plan as most in need 

12 of adult education and literacy activities, includ13 ing individuals— 

14 (i) who have low levels of literacy 

15 skills; or 

16 (ii) who are English language learners; 

17 (2) the ability of the eligible provider to serve eli18 gible individuals with disabilities, including eligible 

19 individuals with learning disabilities; 

20 (3) past effectiveness of the eligible provider in 

21 improving the literacy of eligible individuals, to meet 

22 State-adjusted levels of performance for the primary 

23 indicators of performance described in section 116, es24 pecially with respect to eligible individuals who have 

25 low levels of literacy; 
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1 (4) the extent to which the eligible provider dem2 onstrates alignment between proposed activities and 

3 services and the strategy and goals of the local plan 

4 under section 108, as well as the activities and serv5 ices of the one-stop partners; 

6 (5) whether the eligible provider’s program— 

7 (A) is of sufficient intensity and quality, 

8 and based on the most rigorous research avail9 able so that participants achieve substantial 

10 learning gains; and 

11 (B) uses instructional practices that include 

12 the essential components of reading instruction; 

13 (6) whether the eligible provider’s activities, in14 cluding whether reading, writing, speaking, mathe15 matics, and English language acquisition instruction 

16 delivered by the eligible provider, are based on the 

17 best practices derived from the most rigorous research 

18 available and appropriate, including scientifically 

19 valid research and effective educational practice; 

20 (7) whether the eligible provider’s activities effec21 tively use technology, services, and delivery systems, 

22 including distance education in a manner sufficient 

23 to increase the amount and quality of learning and 

24 how such technology, services, and systems lead to im25 proved performance; 
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1 (8) whether the eligible provider’s activities pro2 vide learning in context, including through integrated 

3 education and training, so that an individual ac4 quires the skills needed to transition to and complete 

5 postsecondary education and training programs, ob6 tain and advance in employment leading to economic 

7 self-sufficiency, and to exercise the rights and respon8 sibilities of citizenship; 

9 (9) whether the eligible provider’s activities are 

10 delivered by well-trained instructors, counselors, and 

11 administrators who meet any minimum qualifica12 tions established by the State, where applicable, and 

13 who have access to high quality professional develop14 ment, including through electronic means; 

15 (10) whether the eligible provider’s activities co16 ordinate with other available education, training, and 

17 social service resources in the community, such as by 

18 establishing strong links with elementary schools and 

19 secondary schools, postsecondary educational institu20 tions, institutions of higher education, local workforce 

21 investment boards, one-stop centers, job training pro22 grams, and social service agencies, business, industry, 

23 labor organizations, community-based organizations, 

24 nonprofit organizations, and intermediaries, for the 

25 development of career pathways; 
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1 (11) whether the eligible provider’s activities 

2 offer flexible schedules and coordination with Federal, 

3 State, and local support services (such as child care, 

4 transportation, mental health services, and career 

5 planning) that are necessary to enable individuals, 

6 including individuals with disabilities or other spe7 cial needs, to attend and complete programs; 

8 (12) whether the eligible provider maintains a 

9 high-quality information management system that 

10 has the capacity to report measurable participant 

11 outcomes (consistent with section 116) and to monitor 

12 program performance; and 

13 (13) whether the local areas in which the eligible 

14 provider is located have a demonstrated need for ad15 ditional English language acquisition programs and 

16 civics education programs. 

17 SEC. 232. LOCAL APPLICATION. 

18 Each eligible provider desiring a grant or contract 

19 from an eligible agency shall submit an application to the 

20 eligible agency containing such information and assurances 

21 as the eligible agency may require, including— 

22 (1) a description of how funds awarded under 

23 this title will be spent consistent with the require24 ments of this title; 
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1 (2) a description of any cooperative arrange2 ments the eligible provider has with other agencies, 

3 institutions, or organizations for the delivery of adult 

4 education and literacy activities; 

5 (3) a description of how the eligible provider will 

6 provide services in alignment with the local plan 

7 under section 108, including how such provider will 

8 promote concurrent enrollment in programs and ac9 tivities under title I, as appropriate; 

10 (4) a description of how the eligible provider will 

11 meet the State adjusted levels of performance de12 scribed in section 116(b)(3), including how such pro13 vider will collect data to report on such performance 

14 indicators; 

15 (5) a description of how the eligible provider will 

16 fulfill one-stop partner responsibilities as described in 

17 section 121(b)(1)(A), as appropriate; 

18 (6) a description of how the eligible provider will 

19 provide services in a manner that meets the needs of 

20 eligible individuals; and 

21 (7) information that addresses the considerations 

22 described under section 231(e), as applicable. 
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1 SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

2 (a) IN GENERAL.—Subject to subsection (b), of the 

3 amount that is made available under this title to an eligible 

4 provider— 

5 (1) not less than 95 percent shall be expended for 

6 carrying out adult education and literacy activities; 

7 and 

8 (2) the remaining amount, not to exceed 5 per9 cent, shall be used for planning, administration (in10 cluding carrying out the requirements of section 116), 

11 professional development, and the activities described 

12 in paragraphs (3) and (5) of section 232. 

13 (b) SPECIAL RULE.—In cases where the cost limits de14 scribed in subsection (a) are too restrictive to allow for the 

15 activities described in subsection (a)(2), the eligible pro16 vider shall negotiate with the eligible agency in order to 

17 determine an adequate level of funds to be used for non18 instructional purposes. 

19 Subtitle D—General Provisions 

20 SEC. 241. ADMINISTRATIVE PROVISIONS. 

21 (a) SUPPLEMENT NOT SUPPLANT.—Funds made 

22 available for adult education and literacy activities under 

23 this title shall supplement and not supplant other State or 

24 local public funds expended for adult education and literacy 

25 activities. 

26 (b) MAINTENANCE OF EFFORT.— 
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1 (1) IN GENERAL.— 

2 (A) DETERMINATION.—An eligible agency 

3 may receive funds under this title for any fiscal 

4 year if the Secretary finds that the fiscal effort 

5 per student or the aggregate expenditures of such 

6 eligible agency for activities under this title, in 

7 the second preceding fiscal year, were not less 

8 than 90 percent of the fiscal effort per student or 

9 the aggregate expenditures of such eligible agency 

10 for adult education and literacy activities in the 

11 third preceding fiscal year. 

12 (B) PROPORTIONATE REDUCTION.—Subject 

13 to paragraphs (2), (3), and (4), for any fiscal 

14 year with respect to which the Secretary deter15 mines under subparagraph (A) that the fiscal ef16 fort or the aggregate expenditures of an eligible 

17 agency for the preceding program year were less 

18 than such effort or expenditures for the second 

19 preceding program year, the Secretary— 

20 (i) shall determine the percentage de21 creases in such effort or in such expendi22 tures; and 

23 (ii) shall decrease the payment made 

24 under this title for such program year to the 
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1 agency for adult education and literacy ac2 tivities by the lesser of such percentages. 

3 (2) COMPUTATION.—In computing the fiscal ef4 fort and aggregate expenditures under paragraph (1), 

5 the Secretary shall exclude capital expenditures and 

6 special one-time project costs. 

7 (3) DECREASE IN FEDERAL SUPPORT.—If the 

8 amount made available for adult education and lit9 eracy activities under this title for a fiscal year is less 

10 than the amount made available for adult education 

11 and literacy activities under this title for the pre12 ceding fiscal year, then the fiscal effort per student 

13 and the aggregate expenditures of an eligible agency 

14 required in order to avoid a reduction under para15 graph (1)(B) shall be decreased by the same percent16 age as the percentage decrease in the amount so made 

17 available. 

18 (4) WAIVER.—The Secretary may waive the re19 quirements of this subsection for not more than 1 fis20 cal year, if the Secretary determines that a waiver 

21 would be equitable due to exceptional or uncontrol22 lable circumstances, such as a natural disaster or an 

23 unforeseen and precipitous decline in the financial re24 sources of the State or outlying area of the eligible 

25 agency. If the Secretary grants a waiver under the 
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1 preceding sentence for a fiscal year, the level of effort 

2 required under paragraph (1) shall not be reduced in 

3 the subsequent fiscal year because of the waiver. 

4 SEC. 242. NATIONAL LEADERSHIP ACTIVITIES. 

5 (a) IN GENERAL.—The Secretary shall establish and 

6 carry out a program of national leadership activities to en7 hance the quality and outcomes of adult education and lit8 eracy activities and programs nationwide. 

9 (b) REQUIRED ACTIVITIES.—The national leadership 

10 activities described in subsection (a) shall include technical 

11 assistance, including— 

12 (1) assistance to help States meet the require13 ments of section 116; 

14 (2) upon request by a State, assistance provided 

15 to eligible providers in using performance account16 ability measures based on indicators described in sec17 tion 116, and data systems for the improvement of 

18 adult education and literacy activities; 

19 (3) carrying out rigorous research and evalua20 tion on effective adult education and literacy activi21 ties, as well as estimating the number of adults func22 tioning at the lowest levels of literacy proficiency, 

23 which shall be coordinated across relevant Federal 

24 agencies, including the Institute of Education 

25 Sciences; and 
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1 (4) carrying out an independent evaluation at 

2 least once every 4 years of the programs and activities 

3 under this title, taking into consideration the evalua4 tion subjects referred to in section 169(a)(2). 

5 (c) ALLOWABLE ACTIVITIES.—The national leadership 

6 activities described in subsection (a) may include the fol7 lowing: 

8 (1) Technical assistance, including— 

9 (A) assistance related to professional devel10 opment activities, and assistance for the pur11 poses of developing, improving, identifying, and 

12 disseminating the most successful methods and 

13 techniques for providing adult education and lit14 eracy activities, based on scientifically valid re15 search where available; 

16 (B) assistance in distance education and 

17 promoting and improving the use of technology 

18 in the classroom, including instruction in 

19 English language acquisition for English lan20 guage learners; 

21 (C) assistance in the development and dis22 semination of proven models for addressing the 

23 digital literacy needs of adults, including older 

24 adults; and 
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1 (D) supporting efforts aimed at strength2 ening programs at the State and local levels, 

3 such as technical assistance in program plan4 ning, assessment, evaluation, and monitoring of 

5 activities carried out under this title. 

6 (2) Funding national leadership activities either 

7 directly or through grants, contracts, or cooperative 

8 agreements awarded on a competitive basis to or with 

9 postsecondary educational institutions, institutions of 

10 higher education, public or private organizations or 

11 agencies (including public libraries), or consortia of 

12 such institutions, organizations, or agencies, which 

13 may include— 

14 (A) developing, improving, and identifying 

15 the most successful methods and techniques for 

16 addressing the education needs of adults, includ17 ing instructional practices using the essential 

18 components of reading instruction based on the 

19 work of the National Institute of Child Health 

20 and Human Development; 

21 (B) supporting national, regional, or local 

22 networks of private nonprofit organizations, pub23 lic libraries, or institutions of higher education 

24 to strengthen the ability of such networks’ mem-
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1 bers to meet the performance requirements de2 scribed in section 116 of eligible providers; 

3 (C) increasing the effectiveness, and improv4 ing the quality, of adult education and literacy 

5 activities, which may include— 

6 (i) carrying out rigorous research; 

7 (ii) carrying out demonstration pro8 grams; 

9 (iii) accelerating learning outcomes for 

10 eligible individuals with the lowest literacy 

11 levels; 

12 (iv) developing and promoting career 

13 pathways for eligible individuals; 

14 (v) promoting concurrent enrollment 

15 programs in adult education and credit 

16 bearing postsecondary coursework; 

17 (vi) developing high-quality profes18 sional development activities for eligible 

19 providers; and 

20 (vii) developing, replicating, and dis21 seminating information on best practices 

22 and innovative programs, such as— 

23 (I) the identification of effective 

24 strategies for working with adults with 
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1 learning disabilities and with adults 

2 who are English language learners; 

3 (II) integrated education and 

4 training programs; 

5 (III) workplace adult education 

6 and literacy activities; and 

7 (IV) postsecondary education and 

8 training transition programs; 

9 (D) providing for the conduct of an inde10 pendent evaluation and assessment of adult edu11 cation and literacy activities through grants and 

12 contracts awarded on a competitive basis, which 

13 shall include descriptions of— 

14 (i) the effect of performance account15 ability measures and other measures of ac16 countability on the delivery of adult edu17 cation and literacy activities; 

18 (ii) the extent to which the adult edu19 cation and literacy activities increase the 

20 literacy skills of eligible individuals, lead to 

21 involvement in education and training, en22 hance the employment and earnings of such 

23 participants, and, if applicable, lead to 

24 other positive outcomes, such as success in 

25 re-entry and reductions in recidivism in the 
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1 case of prison-based adult education and 

2 literacy activities; 

3 (iii) the extent to which the provision 

4 of support services to eligible individuals 

5 enrolled in adult education and literacy ac6 tivities increase the rate of enrollment in, 

7 and successful completion of, such pro8 grams; and 

9 (iv) the extent to which different types 

10 of providers measurably improve the skills 

11 of eligible individuals in adult education 

12 and literacy activities; 

13 (E) collecting data, such as data regarding 

14 the improvement of both local and State data 

15 systems, through technical assistance and devel16 opment of model performance data collection sys17 tems; 

18 (F) determining how participation in adult 

19 education and literacy activities prepares eligible 

20 individuals for entry into postsecondary edu21 cation and employment and, in the case of pro22 grams carried out in correctional institutions, 

23 has an effect on recidivism; and 
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1 (G) other activities designed to enhance the 

2 quality of adult education and literacy activities 

3 nationwide. 

4 SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS 

5 EDUCATION. 

6 (a) IN GENERAL.—From funds made available under 

7 section 211(a)(2) for each fiscal year, the Secretary shall 

8 award grants to States, from allotments under subsection 

9 (b), for integrated English literacy and civics education, in 

10 combination with integrated education and training activi11 ties. 

12 (b) ALLOTMENT.— 

13 (1) IN GENERAL.—Subject to paragraph (2), 

14 from amounts made available under section 211(a)(2) 

15 for a fiscal year, the Secretary shall allocate— 

16 (A) 65 percent to the States on the basis of 

17 a State’s need for integrated English literacy 

18 and civics education, as determined by calcu19 lating each State’s share of a 10-year average of 

20 the data of the Office of Immigration Statistics 

21 of the Department of Homeland Security for im22 migrants admitted for legal permanent residence 

23 for the 10 most recent years; and 

24 (B) 35 percent to the States on the basis of 

25 whether the State experienced growth, as meas-
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1 ured by the average of the 3 most recent years 

2 for which the data of the Office of Immigration 

3 Statistics of the Department of Homeland Secu4 rity for immigrants admitted for legal perma5 nent residence are available. 

6 (2) MINIMUM.—No State shall receive an allot7 ment under paragraph (1) in an amount that is less 

8 than $60,000. 

9 (c) GOAL.—Each program that receives funding under 

10 this section shall be designed to— 

11 (1) prepare adults who are English language 

12 learners for, and place such adults in, unsubsidized 

13 employment in in-demand industries and occupations 

14 that lead to economic self-sufficiency; and 

15 (2) integrate with the local workforce develop16 ment system and its functions to carry out the activi17 ties of the program. 

18 (d) REPORT.—The Secretary shall prepare and submit 

19 to the Committee on Education and the Workforce of the 

20 House of Representatives, and the Committee on Health, 

21 Education, Labor, and Pensions of the Senate and make 

22 available to the public, a report on the activities carried 

23 out under this section. 
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1 TITLE III—AMENDMENTS TO THE 

2 WAGNER-PEYSER ACT 

3 SEC. 301. EMPLOYMENT SERVICE OFFICES. 

4 Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is 

5 amended by inserting ‘‘service’’ before ‘‘offices’’. 

6 SEC. 302. DEFINITIONS. 

7 Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) 

8 is amended— 

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

10 following: 

11 ‘‘(1) the terms ‘chief elected official’, ‘institution 

12 of higher education’, ‘one-stop center’, ‘one-stop part13 ner’, ‘training services’, ‘workforce development activ14 ity’, and ‘workplace learning advisor’, have the mean15 ing given the terms in section 3 of the Workforce In16 novation and Opportunity Act;’’; 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘investment board’’ each 

19 place it appears and inserting ‘‘development 

20 board’’; and 

21 (B) by striking ‘‘section 117 of the Work22 force Investment Act of 1998’’ and inserting 

23 ‘‘section 107 of the Workforce Innovation and 

24 Opportunity Act’’; 

25 (3) in paragraph (3)— 
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1 (A) by striking ‘‘134(c)’’ and inserting 

2 ‘‘121(e)’’; and 

3 (B) by striking ‘‘Workforce Investment Act 

4 of 1998’’ and inserting ‘‘Workforce Innovation 

5 and Opportunity Act’’; and 

6 (4) in paragraph (4), by striking ‘‘and’’ at the 

7 end; 

8 (5) in paragraph (5), by striking the period and 

9 inserting ‘‘; and’’; and 

10 (6) by adding at the end the following: 

11 ‘‘(6) the term ‘employment service office’ means 

12 a local office of a State agency; and 

13 ‘‘(7) except in section 15, the term ‘State agen14 cy’, used without further description, means an agen15 cy designated or authorized under section 4.’’. 

16 SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OF17 FICES. 

18 (a) COORDINATION.—Section 3(a) of the Wagner19 Peyser Act (29 U.S.C. 49b(a)) is amended by striking ‘‘serv20 ices’’ and inserting ‘‘service offices’’. 

21 (b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.— 

22 Section 3(c) of the Wagner-Peyser Act (29 U.S.C. 49b(c)) 

23 is amended— 
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1 (1) in paragraph (2), by striking the semicolon 

2 and inserting ‘‘, and identify and disseminate infor3 mation on best practices for such system; and’’; and 

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

5 ‘‘(4) in coordination with the State agencies and 

6 the staff of such agencies, assist in the planning and 

7 implementation of activities to enhance the profes8 sional development and career advancement opportu9 nities of such staff, in order to strengthen the provi10 sion of a broad range of career guidance services, the 

11 identification of job openings (including providing 

12 intensive outreach to small and medium-sized em13 ployers and enhanced employer services), the provi14 sion of technical assistance and training to other pro15 viders of workforce development activities (including 

16 workplace learning advisors) relating to counseling 

17 and employment-related services, and the development 

18 of new strategies for coordinating counseling and 

19 technology.’’. 

20 (c) ONE-STOP CENTERS.—Section 3 of the Wagner21 Peyser Act (29 U.S.C. 49b) is amended by inserting after 

22 subsection (c) the following: 

23 ‘‘(d) In order to improve service delivery, avoid dupli24 cation of services, and enhance coordination of services, in25 cluding location of staff to ensure access to services under 
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1 section 7(a) statewide in underserved areas, employment 

2 service offices in each State shall be colocated with one-stop 

3 centers. 

4 ‘‘(e) The Secretary, in consultation with States, is au5 thorized to assist the States in the development of national 

6 electronic tools that may be used to improve access to work7 force information for individuals through— 

8 ‘‘(1) the one-stop delivery systems established as 

9 described in section 121(e) of the Workforce Innova10 tion and Opportunity Act; and 

11 ‘‘(2) such other delivery systems as the Secretary 

12 determines to be appropriate.’’. 

13 SEC. 304. ALLOTMENT OF SUMS. 

14 Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) 

15 is amended— 

16 (1) in subsection (a), by striking ‘‘amounts ap17 propriated pursuant to section 5’’ and inserting 

18 ‘‘funds appropriated and (except for Guam) certified 

19 under section 5 and made available for allotments 

20 under this section’’; and 

21 (2) in subsection (b)(1)— 

22 (A) in the matter preceding subparagraph 

23 (A)— 
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1 (i) by inserting before ‘‘the Secretary’’ 

2 the following ‘‘after making the allotments 

3 required by subsection (a),’’; and 

4 (ii) by striking ‘‘sums’’ and all that 

5 follows through ‘‘this Act’’ and inserting 

6 ‘‘funds described in subsection (a)’’; 

7 (B) in each of subparagraphs (A) and (B), 

8 by striking ‘‘sums’’ and inserting ‘‘remainder’’; 

9 and 

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

11 ‘‘For purposes of this paragraph, the term ‘State’ 

12 does not include Guam or the Virgin Islands.’’. 

13 SEC. 305. USE OF SUMS. 

14 (a) IMPROVED COORDINATION.—Section 7(a)(1) of the 

15 Wagner-Peyser Act (29 U.S.C. 49f(a)(1)) is amended by in16 serting ‘‘, including unemployment insurance claimants,’’ 

17 after ‘‘seekers’’. 

18 (b) RESOURCES FOR UNEMPLOYMENT INSURANCE

19 CLAIMANTS.—Section 7(a)(3) of the Wagner-Peyser Act (29 

20 U.S.C. 49f(a)(3)) is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (E); 

23 (2) in subparagraph (F)— 

24 (A) by inserting ‘‘, including making eligi25 bility assessments,’’ after ‘‘system’’; and 
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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (3) by inserting after subparagraph (F) the fol4 lowing: 

5 ‘‘(G) providing unemployment insurance 

6 claimants with referrals to, and application as7 sistance for, training and education resources 

8 and programs, including Federal Pell Grants 

9 under subpart 1 of part A of title IV of the 

10 Higher Education Act of 1965 (20 U.S.C. 1070a 

11 et seq.), educational assistance under chapter 30 

12 of title 38, United States Code (commonly re13 ferred to as the Montgomery GI Bill), and chap14 ter 33 of that title (Post-9/11 Veterans Edu15 cational Assistance), student assistance under 

16 title IV of the Higher Education Act of 1965 (20 

17 U.S.C. 1070 et seq.), State student higher edu18 cation assistance, and training and education 

19 programs provided under titles I and II of the 

20 Workforce Innovation and Opportunity Act, and 

21 title I of the Rehabilitation Act of 1973 (29 

22 U.S.C. 720 et seq.).’’. 

23 (c) STATE ACTIVITIES.—Section 7(b) of the Wagner24 Peyser Act (29 U.S.C. 49f(b)) is amended— 
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1 (1) in paragraph (1), by striking ‘‘performance 

2 standards established by the Secretary’’ and inserting 

3 ‘‘the performance accountability measures that are 

4 based on indicators described in section 

5 116(b)(2)(A)(i) of the Workforce Innovation and Op6 portunity Act’’; 

7 (2) in paragraph (2), by inserting ‘‘offices’’ after 

8 ‘‘employment service’’; and 

9 (3) in paragraph (3), by inserting ‘‘, and models 

10 for enhancing professional development and career 

11 advancement opportunities of State agency staff, as 

12 described in section 3(c)(4)’’ after ‘‘subsection (a)’’. 

13 (d) PROVIDING ADDITIONAL FUNDS.—Subsections 

14 (c)(2) and (d) of section 7 of the Wagner-Peyser Act (29 

15 U.S.C. 49f) are amended by striking ‘‘the Workforce Invest16 ment Act of 1998’’ and inserting ‘‘the Workforce Innovation 

17 and Opportunity Act’’. 

18 (e) CONFORMING AMENDMENT.—Section 7(e) of the 

19 Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by strik20 ing ‘‘labor employment statistics’’ and inserting ‘‘workforce 

21 and labor market information’’. 

22 SEC. 306. STATE PLAN. 

23 Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) 

24 is amended to read as follows: 
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1 ‘‘SEC. 8. Any State desiring to receive assistance under 

2 section 6 shall prepare and submit to, and have approved 

3 by, the Secretary and the Secretary of Education, a State 

4 plan in accordance with section 102 or 103 of the Workforce 

5 Innovation and Opportunity Act.’’. 

6 SEC. 307. PERFORMANCE MEASURES. 

7 Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 

8 49l(a)) is amended to read as follows: 

9 ‘‘(a) The activities carried out pursuant to section 7 

10 shall be subject to the performance accountability measures 

11 that are based on indicators described in section 

12 116(b)(2)(A)(i) of the Workforce Innovation and Oppor13 tunity Act.’’. 

14 SEC. 308. WORKFORCE AND LABOR MARKET INFORMATION 

15 SYSTEM. 

16 (a) HEADING.—The section heading for section 15 of 

17 the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by 

18 striking ‘‘EMPLOYMENT STATISTICS’’ and inserting 

19 ‘‘WORKFORCE AND LABOR MARKET INFORMATION

20 SYSTEM’’. 

21 (b) NAME OF SYSTEM.—Section 15(a)(1) of the Wag22 ner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by strik23 ing ‘‘employment statistics system of employment statis24 tics’’ and inserting ‘‘workforce and labor market informa25 tion system’’. 
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1 (c) SYSTEM RESPONSIBILITIES.—Section 15(b) of the 

2 Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amended— 

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

4 following: 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) STRUCTURE.—The workforce and 

7 labor market information system described in 

8 subsection (a) shall be evaluated and improved 

9 by the Secretary, in consultation with the Work10 force Information Advisory Council established 

11 in subsection (d). 

12 ‘‘(B) GRANTS AND RESPONSIBILITIES.— 

13 ‘‘(i) IN GENERAL.—The Secretary shall 

14 carry out the provisions of this section in a 

15 timely manner, through grants to or agree16 ments with States. 

17 ‘‘(ii) DISTRIBUTION OF FUNDS.—Using 

18 amounts appropriated under subsection (g), 

19 the Secretary shall provide funds through 

20 those grants and agreements. In distrib21 uting the funds (relating to workforce and 

22 labor market information funding) for fiscal 

23 years 2015 through 2020, the Secretary 

24 shall continue to distribute the funds to 

25 States in the manner in which the Sec-
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1 retary distributed funds to the States under 

2 this section for fiscal years 2004 through 

3 2008.’’; and 

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

5 following: 

6 ‘‘(2) DUTIES.—The Secretary, with respect to 

7 data collection, analysis, and dissemination of work8 force and labor market information for the system, 

9 shall carry out the following duties: 

10 ‘‘(A) Assign responsibilities within the De11 partment of Labor for elements of the workforce 

12 and labor market information system described 

13 in subsection (a) to ensure that the statistical 

14 and administrative data collected is consistent 

15 with appropriate Bureau of Labor Statistics 

16 standards and definitions, and that the informa17 tion is accessible and understandable to users of 

18 such data. 

19 ‘‘(B) Actively seek the cooperation of heads 

20 of other Federal agencies to establish and main21 tain mechanisms for ensuring complementarity 

22 and nonduplication in the development and op23 eration of statistical and administrative data 

24 collection activities. 
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1 ‘‘(C) Solicit, receive, and evaluate the rec2 ommendations from the Workforce Information 

3 Advisory Council established in subsection (d) 

4 concerning the evaluation and improvement of 

5 the workforce and labor market information sys6 tem described in subsection (a) and respond in 

7 writing to the Council regarding the rec8 ommendations. 

9 ‘‘(D) Eliminate gaps and duplication in 

10 statistical undertakings. 

11 ‘‘(E) Through the Bureau of Labor Statis12 tics and the Employment and Training Admin13 istration, and in collaboration with States, de14 velop and maintain the elements of the workforce 

15 and labor market information system described 

16 in subsection (a), including the development of 

17 consistent procedures and definitions for use by 

18 the States in collecting the data and information 

19 described in subparagraphs (A) and (B) of sub20 section (a)(1). 

21 ‘‘(F) Establish procedures for the system to 

22 ensure that— 

23 ‘‘(i) such data and information are 

24 timely; and 
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1 ‘‘(ii) paperwork and reporting for the 

2 system are reduced to a minimum.’’. 

3 (d) TWO-YEAR PLAN.—Section 15 of the Wagner4 Peyser Act (29 U.S.C. 49l–2) is amended by striking sub5 section (c) and inserting the following: 

6 ‘‘(c) TWO-YEAR PLAN.—The Secretary, acting through 

7 the Commissioner of Labor Statistics and the Assistant Sec8 retary for Employment and Training, and in consultation 

9 with the Workforce Information Advisory Council described 

10 in subsection (d) and heads of other appropriate Federal 

11 agencies, shall prepare a 2-year plan for the workforce and 

12 labor market information system. The plan shall be devel13 oped and implemented in a manner that takes into account 

14 the activities described in State plans submitted by States 

15 under section 102 or 103 of the Workforce Innovation and 

16 Opportunity Act and shall be submitted to the Committee 

17 on Education and the Workforce of the House of Representa18 tives and the Committee on Health, Education, Labor, and 

19 Pensions of the Senate. The plan shall include— 

20 ‘‘(1) a description of how the Secretary will work 

21 with the States to manage the nationwide workforce 

22 and labor market information system described in 

23 subsection (a) and the statewide workforce and labor 

24 market information systems that comprise the nation25 wide system; 
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1 ‘‘(2) a description of the steps to be taken in the 

2 following 2 years to carry out the duties described in 

3 subsection (b)(2); 

4 ‘‘(3) an evaluation of the performance of the sys5 tem, with particular attention to the improvements 

6 needed at the State and local levels; 

7 ‘‘(4) a description of the involvement of States in 

8 the development of the plan, through consultation by 

9 the Secretary with the Workforce Information Advi10 sory Council in accordance with subsection (d); and 

11 ‘‘(5) a description of the written recommenda12 tions received from the Workforce Information Advi13 sory Council established under subsection (d), and the 

14 extent to which those recommendations were incor15 porated into the plan.’’. 

16 (e) WORKFORCE INFORMATION ADVISORY COUNCIL.— 

17 Section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is 

18 amended by striking subsection (d) and inserting the fol19 lowing: 

20 ‘‘(d) WORKFORCE INFORMATION ADVISORY COUN21 CIL.— 

22 ‘‘(1) IN GENERAL.—The Secretary, through the 

23 Commissioner of Labor Statistics and the Assistant 

24 Secretary for Employment and Training, shall for25 mally consult at least twice annually with the Work-
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1 force Information Advisory Council established in ac2 cordance with paragraph (2). Such consultations 

3 shall address the evaluation and improvement of the 

4 nationwide workforce and labor market information 

5 system described in subsection (a) and the statewide 

6 workforce and labor market information systems that 

7 comprise the nationwide system and how the Depart8 ment of Labor and the States will cooperate in the 

9 management of such systems. The Council shall pro10 vide written recommendations to the Secretary con11 cerning the evaluation and improvement of the na12 tionwide system, including any recommendations re13 garding the 2-year plan described in subsection (c). 

14 ‘‘(2) ESTABLISHMENT OF COUNCIL.— 

15 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

16 establish an advisory council that shall be known 

17 as the Workforce Information Advisory Council 

18 (referred to in this section as the ‘Council’) to 

19 participate in the consultations and provide the 

20 recommendations described in paragraph (1). 

21 ‘‘(B) MEMBERSHIP.—The Secretary shall 

22 appoint the members of the Council, which shall 

23 consist of— 

24 ‘‘(i) 4 members who are representatives 

25 of lead State agencies with responsibility for 
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1 workforce investment activities, or State 

2 agencies described in section 4, who have 

3 been nominated by such agencies or by a 

4 national organization that represents such 

5 agencies; 

6 ‘‘(ii) 4 members who are representa7 tives of the State workforce and labor mar8 ket information directors affiliated with the 

9 State agencies that perform the duties de10 scribed in subsection (e)(2), who have been 

11 nominated by the directors; 

12 ‘‘(iii) 1 member who is a representa13 tive of providers of training services under 

14 section 122 of the Workforce Innovation and 

15 Opportunity Act; 

16 ‘‘(iv) 1 member who is a representative 

17 of economic development entities; 

18 ‘‘(v) 1 member who is a representative 

19 of businesses, who has been nominated by 

20 national business organizations or trade as21 sociations; 

22 ‘‘(vi) 1 member who is a representative 

23 of labor organizations, who has been nomi24 nated by a national labor federation; 
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1 ‘‘(vii) 1 member who is a representa2 tive of local workforce development boards, 

3 who has been nominated by a national or4 ganization representing such boards; and 

5 ‘‘(viii) 1 member who is a representa6 tive of research entities that utilize work7 force and labor market information. 

8 ‘‘(C) GEOGRAPHIC DIVERSITY.—The Sec9 retary shall ensure that the membership of the 

10 Council is geographically diverse and that no 2 

11 of the members appointed under clauses (i), (ii), 

12 and (vii) represent the same State. 

13 ‘‘(D) PERIOD OF APPOINTMENT; VACAN14 CIES.— 

15 ‘‘(i) IN GENERAL.—Each member of 

16 the Council shall be appointed for a term of 

17 3 years, except that the initial terms for 

18 members may be 1, 2, or 3 years in order 

19 to establish a rotation in which one-third of 

20 the members are selected each year. Any 

21 such member may be appointed for not 

22 more than 2 consecutive terms. 

23 ‘‘(ii) VACANCIES.—Any member ap24 pointed to fill a vacancy occurring before 

25 the expiration of the term for which the 
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1 member’s predecessor was appointed shall be 

2 appointed only for the remainder of that 

3 term. A member may serve after the expira4 tion of that member’s term until a successor 

5 has taken office. 

6 ‘‘(E) TRAVEL EXPENSES.—The members of 

7 the Council shall not receive compensation for 

8 the performance of services for the Council, but 

9 shall be allowed travel expenses, including per 

10 diem in lieu of subsistence, at rates authorized 

11 for employees of agencies under subchapter I of 

12 chapter 57 of title 5, United States Code, while 

13 away from their homes or regular places of busi14 ness in the performance of services for the Coun15 cil. Notwithstanding section 1342 of title 31, 

16 United States Code, the Secretary may accept 

17 the voluntary and uncompensated services of 

18 members of the Council. 

19 ‘‘(F) PERMANENT COUNCIL.—Section 14 of 

20 the Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the Council.’’. 

22 (f) STATE RESPONSIBILITIES.—Section 15(e) of the 

23 Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— 
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1 (1) by striking ‘‘employment statistics’’ each 

2 place it appears and inserting ‘‘workforce and labor 

3 market information’’; 

4 (2) in paragraph (1)(A) by striking ‘‘annual 

5 plan’’ and inserting ‘‘plan described in subsection 

6 (c)’’; 

7 (3) in paragraph (2)— 

8 (A) in subparagraph (G), by inserting 

9 ‘‘and’’ at the end; 

10 (B) by striking subparagraph (H); 

11 (C) in subparagraph (I), by striking ‘‘sec12 tion 136(f)(2) of the Workforce Investment Act of 

13 1998’’ and inserting ‘‘section 116(i)(2) of the 

14 Workforce Innovation and Opportunity Act’’; 

15 and 

16 (D) by redesignating subparagraph (I) as 

17 subparagraph (H). 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is 

20 amended by striking ‘‘such sums as may be necessary for 

21 each of the fiscal years 1999 through 2004’’ and inserting 

22 ‘‘$60,153,000 for fiscal year 2015, $64,799,000 for fiscal 

23 year 2016, $66,144,000 for fiscal year 2017, $67,611,000 

24 for fiscal year 2018, $69,200,000 for fiscal year 2019, and 

25 $70,667,000 for fiscal year 2020’’. 
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1 TITLE IV—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 Subtitle A—Introductory Provisions 

4 SEC. 401. REFERENCES. 

5 Except as otherwise specifically provided, whenever in 

6 this title an amendment or repeal is expressed in terms of 

7 an amendment to, or repeal of, a provision, the amendment 

8 or repeal shall be considered to be made to a provision of 

9 the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 

10 SEC. 402. FINDINGS, PURPOSE, POLICY. 

11 (a) FINDINGS.—Section 2(a) (29 U.S.C. 701(a)) is 

12 amended— 

13 (1) in paragraph (4), by striking ‘‘workforce in14 vestment systems under title I of the Workforce Invest15 ment Act of 1998’’ and inserting ‘‘workforce develop16 ment systems defined in section 3 of the Workforce In17 novation and Opportunity Act’’; 

18 (2) in paragraph (5), by striking ‘‘and’’ at the 

19 end; 

20 (3) in paragraph (6), by striking the period and 

21 inserting ‘‘; and’’; and 

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

23 ‘‘(7)(A) a high proportion of students with dis24 abilities is leaving secondary education without being 
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1 employed in competitive integrated employment, or 

2 being enrolled in postsecondary education; and 

3 ‘‘(B) there is a substantial need to support such 

4 students as they transition from school to postsec5 ondary life.’’. 

6 (b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is 

7 amended— 

8 (1) in paragraph (1)— 

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

10 ‘‘workforce investment systems implemented in 

11 accordance with title I of the Workforce Invest12 ment Act of 1998’’ and inserting ‘‘workforce de13 velopment systems defined in section 3 of the 

14 Workforce Innovation and Opportunity Act’’; 

15 and 

16 (B) at the end of subparagraph (F), by 

17 striking ‘‘and’’; 

18 (2) by redesignating paragraph (2) as para19 graph (3); 

20 (3) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) to maximize opportunities for individuals 

23 with disabilities, including individuals with signifi24 cant disabilities, for competitive integrated employ25 ment;’’; 
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1 (4) in paragraph (3), as redesignated by para2 graph (2), by striking the period at the end and in3 serting a semicolon; and 

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

5 ‘‘(4) to increase employment opportunities and 

6 employment outcomes for individuals with disabil7 ities, including through encouraging meaningful 

8 input by employers and vocational rehabilitation 

9 service providers on successful and prospective em10 ployment and placement strategies; and 

11 ‘‘(5) to ensure, to the greatest extent possible, 

12 that youth with disabilities and students with disabil13 ities who are transitioning from receipt of special 

14 education services under the Individuals with Disabil15 ities Education Act (20 U.S.C. 1400 et seq.) and re16 ceipt of services under section 504 of this Act have op17 portunities for postsecondary success.’’. 

18 SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 

19 Section 3 (29 U.S.C. 702) is amended— 

20 (1) in subsection (a)— 

21 (A) in the first sentence, by inserting ‘‘in 

22 the Department of Education’’ after ‘‘Secretary’’; 

23 (B) by striking the second sentence and in24 serting ‘‘Such Administration shall be the prin25 cipal agency, and the Commissioner shall be the 
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1 principal officer, of the Department for purposes 

2 of carrying out titles I, III, VI, and chapter 2 

3 of title VII.’’; and 

4 (C) in the fourth and sixth sentences, by in5 serting ‘‘of Education’’ after ‘‘Secretary’’ the 

6 first place it appears; and 

7 (2) in subsection (b), by inserting ‘‘of Edu8 cation’’ after ‘‘Secretary’’. 

9 SEC. 404. DEFINITIONS. 

10 Section 7 (29 U.S.C. 705) is amended— 

11 (1) in paragraph (2)(B)— 

12 (A) in clause (iii), by striking ‘‘and’’ at the 

13 end; 

14 (B) in clause (iv), by striking the semicolon 

15 and inserting ‘‘; and’’; and 

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

17 ‘‘(v) to the maximum extent possible, 

18 relies on information obtained from experi19 ences in integrated employment settings in 

20 the community, and other integrated com21 munity settings;’’; 

22 (2) by striking paragraphs (3) and (4) and in23 serting the following: 

24 ‘‘(3) ASSISTIVE TECHNOLOGY TERMS.— 
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1 ‘‘(A) ASSISTIVE TECHNOLOGY.—The term 

2 ‘assistive technology’ has the meaning given such 

3 term in section 3 of the Assistive Technology Act 

4 of 1998 (29 U.S.C. 3002). 

5 ‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.—The 

6 term ‘assistive technology device’ has the mean7 ing given such term in section 3 of the Assistive 

8 Technology Act of 1998, except that the reference 

9 in such section to the term ‘individuals with dis10 abilities’ shall be deemed to mean more than 1 

11 individual with a disability as defined in para12 graph (20)(A)). 

13 ‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.— 

14 The term ‘assistive technology service’ has the 

15 meaning given such term in section 3 of the As16 sistive Technology Act of 1998, except that the 

17 reference in such section— 

18 ‘‘(i) to the term ‘individual with a dis19 ability’ shall be deemed to mean an indi20 vidual with a disability, as defined in 

21 paragraph (20)(A); and 

22 ‘‘(ii) to the term ‘individuals with dis23 abilities’ shall be deemed to mean more than 

24 1 such individual.’’; 
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1 (3) by redesignating paragraph (5) as para2 graph (4); 

3 (4) in paragraph (4), as redesignated by para4 graph (3)— 

5 (A) by redesignating subparagraphs (O) 

6 through (Q) as subparagraphs (P) through (R), 

7 respectively; 

8 (B) by inserting after subparagraph (N) the 

9 following: 

10 ‘‘(O) customized employment;’’; and 

11 (C) in subparagraph (R), as redesignated 

12 by subparagraph (A) of this paragraph, by strik13 ing ‘‘(P)’’ and inserting ‘‘(Q)’’; 

14 (5) by inserting before paragraph (6) the fol15 lowing: 

16 ‘‘(5) COMPETITIVE INTEGRATED EMPLOYMENT.— 

17 The term ‘competitive integrated employment’ means 

18 work that is performed on a full-time or part-time 

19 basis (including self-employment)— 

20 ‘‘(A) for which an individual— 

21 ‘‘(i) is compensated at a rate that— 

22 ‘‘(I)(aa) shall be not less than the 

23 higher of the rate specified in section 

24 6(a)(1) of the Fair Labor Standards 

25 Act of 1938 (29 U.S.C. 206(a)(1)) or 
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1 the rate specified in the applicable 

2 State or local minimum wage law; and 

3 ‘‘(bb) is not less than the cus4 tomary rate paid by the employer for 

5 the same or similar work performed by 

6 other employees who are not individ7 uals with disabilities, and who are 

8 similarly situated in similar occupa9 tions by the same employer and who 

10 have similar training, experience, and 

11 skills; or 

12 ‘‘(II) in the case of an individual 

13 who is self-employed, yields an income 

14 that is comparable to the income re15 ceived by other individuals who are not 

16 individuals with disabilities, and who 

17 are self-employed in similar occupa18 tions or on similar tasks and who have 

19 similar training, experience, and skills; 

20 and 

21 ‘‘(ii) is eligible for the level of benefits 

22 provided to other employees; 

23 ‘‘(B) that is at a location where the em24 ployee interacts with other persons who are not 

25 individuals with disabilities (not including su-
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1 pervisory personnel or individuals who are pro2 viding services to such employee) to the same ex3 tent that individuals who are not individuals 

4 with disabilities and who are in comparable po5 sitions interact with other persons; and 

6 ‘‘(C) that, as appropriate, presents opportu7 nities for advancement that are similar to those 

8 for other employees who are not individuals with 

9 disabilities and who have similar positions.’’; 

10 (6) in paragraph (6)(B), by striking ‘‘includes’’ 

11 and all that follows through ‘‘fees’’ and inserting ‘‘in12 cludes architects’ fees’’; 

13 (7) by inserting after paragraph (6) the fol14 lowing: 

15 ‘‘(7) CUSTOMIZED EMPLOYMENT.—The term 

16 ‘customized employment’ means competitive inte17 grated employment, for an individual with a signifi18 cant disability, that is based on an individualized de19 termination of the strengths, needs, and interests of 

20 the individual with a significant disability, is de21 signed to meet the specific abilities of the individual 

22 with a significant disability and the business needs of 

23 the employer, and is carried out through flexible 

24 strategies, such as— 

25 ‘‘(A) job exploration by the individual; 
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1 ‘‘(B) working with an employer to facilitate 

2 placement, including— 

3 ‘‘(i) customizing a job description 

4 based on current employer needs or on pre5 viously unidentified and unmet employer 

6 needs; 

7 ‘‘(ii) developing a set of job duties, a 

8 work schedule and job arrangement, and 

9 specifics of supervision (including perform10 ance evaluation and review), and deter11 mining a job location; 

12 ‘‘(iii) representation by a professional 

13 chosen by the individual, or self-representa14 tion of the individual, in working with an 

15 employer to facilitate placement; and 

16 ‘‘(iv) providing services and supports 

17 at the job location.’’; 

18 (8) in paragraph (11)— 

19 (A) in subparagraph (C)— 

20 (i) by inserting ‘‘of Education’’ after 

21 ‘‘Secretary’’; and 

22 (ii) by inserting ‘‘customized employ23 ment,’’ before ‘‘self-employment,’’; 

24 (9) in paragraph (12), by inserting ‘‘of Edu25 cation’’ after ‘‘Secretary’’ each place it appears; 
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1 (10) in paragraph (14)(C), by inserting ‘‘of 

2 Education’’ after ‘‘Secretary’’; 

3 (11) in paragraph (17)— 

4 (A) in subparagraph (C), by striking ‘‘and’’ 

5 at the end; 

6 (B) in subparagraph (D), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(E) services that— 

10 ‘‘(i) facilitate the transition of individ11 uals with significant disabilities from nurs12 ing homes and other institutions to home 

13 and community-based residences, with the 

14 requisite supports and services; 

15 ‘‘(ii) provide assistance to individuals 

16 with significant disabilities who are at risk 

17 of entering institutions so that the individ18 uals may remain in the community; and 

19 ‘‘(iii) facilitate the transition of youth 

20 who are individuals with significant dis21 abilities, who were eligible for individual22 ized education programs under section 

23 614(d) of the Individuals with Disabilities 

24 Education Act (20 U.S.C. 1414(d)), and 

25 who have completed their secondary edu-
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1 cation or otherwise left school, to postsec2 ondary life.’’; 

3 (12) in paragraph (18), by striking ‘‘term’’ and 

4 all that follows through ‘‘includes—’’ and inserting 

5 ‘‘term ‘independent living services’ includes—’’; 

6 (13) in paragraph (19)— 

7 (A) in subparagraph (A), by inserting be8 fore the period the following: ‘‘and includes a 

9 Native and a descendant of a Native, as such 

10 terms are defined in subsections (b) and (r) of 

11 section 3 of the Alaska Native Claims Settlement 

12 Act (43 U.S.C. 1602)’’; and 

13 (B) in subparagraph (B), by inserting be14 fore the period the following: ‘‘and a tribal orga15 nization (as defined in section 4(l) of the Indian 

16 Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b(l)))’’; 

18 (14) in paragraph (23), by striking ‘‘section 

19 101’’ and inserting ‘‘section 102’’; 

20 (15) by striking paragraph (25) and inserting 

21 the following: 

22 ‘‘(25) LOCAL WORKFORCE DEVELOPMENT

23 BOARD.—The term ‘local workforce development 

24 board’ means a local board, as defined in section 3 

25 of the Workforce Innovation and Opportunity Act.’’; 
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1 (16) by striking paragraph (37); 

2 (17) by redesignating paragraphs (29) through 

3 (39) as paragraphs (31) through (36), and (38) 

4 through (41), respectively; 

5 (18) by inserting after paragraph (28) the fol6 lowing: 

7 ‘‘(30) PRE-EMPLOYMENT TRANSITION SERV8 ICES.—The term ‘pre-employment transition services’ 

9 means services provided in accordance with section 

10 113.’’; 

11 (19) by striking paragraph (33), as redesignated 

12 by paragraph (17), and inserting the following: 

13 ‘‘(33) SECRETARY.—Unless where the context 

14 otherwise requires, the term ‘Secretary’— 

15 ‘‘(A) used in title I, III, IV, V, VI, or chap16 ter 2 of title VII, means the Secretary of Edu17 cation; and 

18 ‘‘(B) used in title II or chapter 1 of title 

19 VII, means the Secretary of Health and Human 

20 Services.’’; 

21 (20) by striking paragraphs (35) and (36), as re22 designated by paragraph (17), and inserting the fol23 lowing: 

24 ‘‘(35) STATE WORKFORCE DEVELOPMENT

25 BOARD.—The term ‘State workforce development 
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1 board’ means a State board, as defined in section 3 

2 of the Workforce Innovation and Opportunity Act. 

3 ‘‘(36) STATEWIDE WORKFORCE DEVELOPMENT

4 SYSTEM.—The term ‘statewide workforce development 

5 system’ means a workforce development system, as de6 fined in section 3 of the Workforce Innovation and 

7 Opportunity Act.’’; 

8 (21) by inserting after that paragraph (36) the 

9 following: 

10 ‘‘(37) STUDENT WITH A DISABILITY.— 

11 ‘‘(A) IN GENERAL.—The term ‘student with 

12 a disability’ means an individual with a dis13 ability who— 

14 ‘‘(i)(I)(aa) is not younger than the ear15 liest age for the provision of transition serv16 ices under section 614(d)(1)(A)(i)(VIII) of 

17 the Individuals with Disabilities Education 

18 Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or 

19 ‘‘(bb) if the State involved elects to use 

20 a lower minimum age for receipt of pre-em21 ployment transition services under this Act, 

22 is not younger than that minimum age; and 

23 ‘‘(II)(aa) is not older than 21 years of 

24 age; or 
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1 ‘‘(bb) if the State law for the State pro2 vides for a higher maximum age for receipt 

3 of services under the Individuals with Dis4 abilities Education Act (20 U.S.C. 1400 et 

5 seq.), is not older than that maximum age; 

6 and 

7 ‘‘(ii)(I) is eligible for, and receiving, 

8 special education or related services under 

9 part B of the Individuals with Disabilities 

10 Education Act (20 U.S.C. 1411 et seq.); or 

11 ‘‘(II) is an individual with a dis12 ability, for purposes of section 504. 

13 ‘‘(B) STUDENTS WITH DISABILITIES.—The 

14 term ‘students with disabilities’ means more 

15 than 1 student with a disability.’’; 

16 (22) by striking paragraphs (38) and (39), as re17 designated by paragraph (17), and inserting the fol18 lowing: 

19 ‘‘(38) SUPPORTED EMPLOYMENT.—The term 

20 ‘supported employment’ means competitive integrated 

21 employment, including customized employment, or 

22 employment in an integrated work setting in which 

23 individuals are working on a short-term basis toward 

24 competitive integrated employment, that is individ25 ualized and customized consistent with the strengths, 
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1 abilities, interests, and informed choice of the individ2 uals involved, for individuals with the most signifi3 cant disabilities— 

4 ‘‘(A)(i) for whom competitive integrated em5 ployment has not historically occurred; or 

6 ‘‘(ii) for whom competitive integrated em7 ployment has been interrupted or intermittent as 

8 a result of a significant disability; and 

9 ‘‘(B) who, because of the nature and severity 

10 of their disability, need intensive supported em11 ployment services and extended services after the 

12 transition described in paragraph (13)(C), in 

13 order to perform the work involved. 

14 ‘‘(39) SUPPORTED EMPLOYMENT SERVICES.—The 

15 term ‘supported employment services’ means ongoing 

16 support services, including customized employment, 

17 needed to support and maintain an individual with 

18 a most significant disability in supported employ19 ment, that— 

20 ‘‘(A) are provided singly or in combination 

21 and are organized and made available in such a 

22 way as to assist an eligible individual to achieve 

23 competitive integrated employment; 
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1 ‘‘(B) are based on a determination of the 

2 needs of an eligible individual, as specified in an 

3 individualized plan for employment; and 

4 ‘‘(C) are provided by the designated State 

5 unit for a period of not more than 24 months, 

6 except that period may be extended, if necessary, 

7 in order to achieve the employment outcome 

8 identified in the individualized plan for employ9 ment.’’; 

10 (23) in paragraph (41), as redesignated by para11 graph (17), by striking ‘‘as defined in section 101 of 

12 the Workforce Investment Act of 1998’’ and inserting 

13 ‘‘as defined in section 3 of the Workforce Innovation 

14 and Opportunity Act’’; and 

15 (24) by inserting after paragraph (41), as redes16 ignated by paragraph (17), the following: 

17 ‘‘(42) YOUTH WITH A DISABILITY.— 

18 ‘‘(A) IN GENERAL.—The term ‘youth with a 

19 disability’ means an individual with a disability 

20 who— 

21 ‘‘(i) is not younger than 14 years of 

22 age; and 

23 ‘‘(ii) is not older than 24 years of age. 
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1 ‘‘(B) YOUTH WITH DISABILITIES.—The 

2 term ‘youth with disabilities’ means more than 

3 1 youth with a disability.’’. 

4 SEC. 405. ADMINISTRATION OF THE ACT. 

5 (a) PROMULGATION.—Section 8(a)(2) (29 U.S.C. 

6 706(a)(2)) is amended by inserting ‘‘of Education’’ after 

7 ‘‘Secretary’’. 

8 (b) PRIVACY.—Section 11 (29 U.S.C. 708) is amend9 ed— 

10 (1) by inserting ‘‘(a)’’ before ‘‘The provisions’’; 

11 and 

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

13 ‘‘(b) Section 501 of the Workforce Innovation and Op14 portunity Act shall apply, as specified in that section, to 

15 amendments to this Act that were made by the Workforce 

16 Innovation and Opportunity Act.’’. 

17 (c) ADMINISTRATION.—Section 12 (29 U.S.C. 709) is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘(1)’’ and inserting 

22 ‘‘(1)(A)’’; and 

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

24 ‘‘(B) provide technical assistance to the des25 ignated State units on developing successful 
572 

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1 partnerships with local and multi-State busi2 nesses in an effort to increase the employment of 

3 individuals with disabilities; 

4 ‘‘(C) provide technical assistance to pro5 viders and organizations on developing self-em6 ployment opportunities and outcomes for indi7 viduals with disabilities; and 

8 ‘‘(D) provide technical assistance to entities 

9 carrying out community rehabilitation programs 

10 to build their internal capacity to provide indi11 vidualized services and supports leading to com12 petitive integrated employment, and to transi13 tion individuals with disabilities away from 

14 nonintegrated settings;’’; and 

15 (B) in paragraph (2), by striking ‘‘, centers 

16 for independent living,’’; 

17 (2) in subsection (c), by striking ‘‘Commis18 sioner’’ the first place it appears and inserting ‘‘Sec19 retary of Education’’; 

20 (3) in subsection (d), by inserting ‘‘of Edu21 cation’’ after ‘‘Secretary’’; 

22 (4) in subsection (e)— 

23 (A) by striking ‘‘Rehabilitation Act Amend24 ments of 1998’’ each place it appears and insert-
573 

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1 ing ‘‘Workforce Innovation and Opportunity 

2 Act’’; and 

3 (B) by inserting ‘‘of Education’’ after ‘‘Sec4 retary’’; 

5 (5) in subsection (f), by inserting ‘‘of Education’’ 

6 after ‘‘Secretary’’; 

7 (6)(A) in subsection (c), by striking ‘‘(c)’’ and 

8 inserting ‘‘(c)(1)’’; 

9 (B) in subsection (d), by striking ‘‘(d)’’ and in10 serting ‘‘(d)(1)’’; 

11 (C) in subsection (e), by striking ‘‘(e)’’ and in12 serting ‘‘(2)’’; 

13 (D) in subsection (f), by striking ‘‘(f)’’ and in14 serting ‘‘(2)’’; and 

15 (E) by moving paragraph (2) (as redesignated 

16 by subparagraph (D)) to the end of subsection (c); 

17 and 

18 (7) by inserting after subsection (d) the fol19 lowing: 

20 ‘‘(e)(1) The Administrator of the Administration for 

21 Community Living (referred to in this subsection as the 

22 ‘Administrator’) may carry out the authorities and shall 

23 carry out the responsibilities of the Commissioner described 

24 in paragraphs (1)(A) and (2) through (4) of subsection (a), 
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1 and subsection (b), except that, for purposes of applying 

2 subsections (a) and (b), a reference in those subsections— 

3 ‘‘(A) to facilitating meaningful and effective par4 ticipation shall be considered to be a reference to fa5 cilitating meaningful and effective collaboration with 

6 independent living programs, and promoting a phi7 losophy of independent living for individuals with 

8 disabilities in community activities; and 

9 ‘‘(B) to training for personnel shall be considered 

10 to be a reference to training for the personnel of cen11 ters for independent living and Statewide Inde12 pendent Living Councils. 

13 ‘‘(2) The Secretary of Health and Human Services 

14 may carry out the authorities and shall carry out the re15 sponsibilities of the Secretary of Education described in 

16 subsections (c) and (d). 

17 ‘‘(f)(1) In subsections (a) through (d), a reference to 

18 ‘this Act’ means a provision of this Act that the Secretary 

19 of Education has authority to carry out; and 

20 ‘‘(2) In subsection (e), for purposes of applying sub21 sections (a) through (d), a reference in those subsections to 

22 ‘this Act’ means a provision of this Act that the Secretary 

23 of Health and Human Services has authority to carry 

24 out.’’. 
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1 SEC. 406. REPORTS. 

2 Section 13 (29 U.S.C. 710) is amended— 

3 (1) in section (c)— 

4 (A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 

5 and 

6 (B) in the second sentence, by striking ‘‘sec7 tion 136(d) of the Workforce Investment Act of 

8 1998’’ and inserting ‘‘section 116(d)(2) of the 

9 Workforce Innovation and Opportunity Act’’; 

10 and 

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

12 ‘‘(d) The Commissioner shall ensure that the report de13 scribed in this section is made publicly available in a time14 ly manner, including through electronic means, in order to 

15 inform the public about the administration and perform16 ance of programs under this Act.’’. 

17 SEC. 407. EVALUATION AND INFORMATION. 

18 (a) EVALUATION.—Section 14 (29 U.S.C. 711) is 

19 amended— 

20 (1) by inserting ‘‘of Education’’ after ‘‘Sec21 retary’’ each place it appears; 

22 (2) in subsection (f)(2), by inserting ‘‘competi23 tive’’ before ‘‘integrated employment’’; 

24 (3)(A) in subsection (b), by striking ‘‘(b)’’ and 

25 inserting ‘‘(b)(1)’’; 
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1 (B) in subsection (c), by striking ‘‘(c)’’ and in2 serting ‘‘(2)’’; 

3 (C) in subsection (d), by striking ‘‘(d)’’ and in4 serting ‘‘(3)’’; and 

5 (D) by redesignating subsections (e) and (f) as 

6 subsections (c) and (d), respectively; 

7 (4) by inserting after subsection (d), as redesig8 nated by paragraph (3)(D), the following: 

9 ‘‘(e)(1) The Secretary of Health and Human Services 

10 may carry out the authorities and shall carry out the re11 sponsibilities of the Secretary of Education described in 

12 subsections (a) and (b). 

13 ‘‘(2) The Administrator of the Administration for 

14 Community Living may carry out the authorities and shall 

15 carry out the responsibilities of the Commissioner described 

16 in subsections (a) and (d)(1), except that, for purposes of 

17 applying those subsections, a reference in those subsections 

18 to exemplary practices shall be considered to be a reference 

19 to exemplary practices concerning independent living serv20 ices and centers for independent living. 

21 ‘‘(f)(1) In subsections (a) through (d), a reference to 

22 ‘this Act’ means a provision of this Act that the Secretary 

23 of Education has authority to carry out; and 

24 ‘‘(2) In subsection (e), for purposes of applying sub25 sections (a), (b), and (d), a reference in those subsections 
577 

† HR 803 EAS 

1 to ‘this Act’ means a provision of this Act that the Secretary 

2 of Health and Human Services has authority to carry 

3 out.’’. 

4 (b) INFORMATION.—Section 15 (29 U.S.C. 712) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by inserting ‘‘of Education’’ after ‘‘Sec8 retary’’ each place it appears; and 

9 (B) in paragraph (1), by striking ‘‘State 

10 workforce investment boards’’ and inserting 

11 ‘‘State workforce development boards’’; and 

12 (2) in subsection (b), by striking ‘‘Secretary’’ 

13 and inserting ‘‘Secretary of Education’’. 

14 SEC. 408. CARRYOVER. 

15 Section 19(a)(1) (29 U.S.C. 716(a)(1)) is amended by 

16 striking ‘‘part B of title VI’’ and inserting ‘‘title VI’’. 

17 SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 

18 Section 21 (29 U.S.C. 718) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) in the first sentence, by striking 

22 ‘‘racial’’ and inserting ‘‘demographic’’; 

23 (ii) in the second sentence— 

24 (I) by striking ‘‘rate of increase’’ 

25 the first place it appears and inserting 
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1 ‘‘percentage increase from 2000 to 

2 2010’’; 

3 (II) by striking ‘‘is 3.2’’ and in4 serting ‘‘was 9.7’’; 

5 (III) by striking ‘‘rate of in6 crease’’ and inserting ‘‘percentage in7 crease’’; 

8 (IV) by striking ‘‘is much’’ and 

9 inserting ‘‘was much’’; 

10 (V) by striking ‘‘38.6’’ and insert11 ing ‘‘43.0’’; 

12 (VI) by striking ‘‘14.6’’ and in13 serting ‘‘12.3’’; 

14 (VII) by striking ‘‘40.1’’ and in15 serting ‘‘43.2’’; and 

16 (VIII) by striking ‘‘and other eth17 nic groups’’; and 

18 (iii) by striking the last sentence; and 

19 (B) in paragraph (2), by striking the second 

20 and third sentences and inserting the following: 

21 ‘‘In 2011— 

22 ‘‘(A) among Americans ages 16 through 64, 

23 the rate of disability was 12.1 percent; 
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† HR 803 EAS 

1 ‘‘(B) among African-Americans in that age 

2 range, the disability rate was more than twice as 

3 high, at 27.1 percent; and 

4 ‘‘(C) for American Indians and Alaska Na5 tives in the same age range, the disability rate 

6 was also more than twice as high, at 27.0 per7 cent.’’; 

8 (2) in subsection (b)(1), by striking ‘‘National 

9 Institute on Disability and Rehabilitation Research’’ 

10 and inserting ‘‘National Institute on Disability, Inde11 pendent Living, and Rehabilitation Research’’; and 

12 (3) in subsection (c), by striking ‘‘Director’’ and 

13 inserting ‘‘Director of the National Institute on Dis14 ability, Independent Living, and Rehabilitation Re15 search’’. 

16 Subtitle B—Vocational 

17 Rehabilitation Services 

18 SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF 

19 APPROPRIATIONS. 

20 (a) FINDINGS; PURPOSE; POLICY.—Section 100(a) (29 

21 U.S.C. 720(a)) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (C), by striking ‘‘inte24 grated’’ and inserting ‘‘competitive integrated 

25 employment’’; 
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† HR 803 EAS 

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

2 ‘‘medicare and medicaid’’ and inserting ‘‘Medi3 care and Medicaid’’; 

4 (C) in subparagraph (F), by striking ‘‘in5 vestment’’ and inserting ‘‘development’’; and 

6 (D) in subparagraph (G)— 

7 (i) by striking ‘‘workforce investment 

8 systems’’ and inserting ‘‘workforce develop9 ment systems’’; and 

10 (ii) by striking ‘‘workforce investment 

11 activities’’ and inserting ‘‘workforce devel12 opment activities’’; 

13 (2) in paragraph (2)— 

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

15 ‘‘workforce investment system’’ and inserting 

16 ‘‘workforce development system’’; and 

17 (B) in subparagraph (B), by striking ‘‘and 

18 informed choice,’’ and inserting ‘‘informed 

19 choice, and economic self-sufficiency,’’; and 

20 (3) in paragraph (3)— 

21 (A) in subparagraph (B), by striking ‘‘gain22 ful employment in integrated settings’’ and in23 serting ‘‘competitive integrated employment’’; 

24 and 
581 

† HR 803 EAS 

1 (B) in subparagraph (E), by inserting 

2 ‘‘should’’ before ‘‘facilitate’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 100(b)(1) (29 U.S.C. 720(b)(1)) is amended by striking 

5 ‘‘such sums as may be necessary for fiscal years 1999 

6 through 2003’’ and inserting ‘‘$3,302,053,000 for each of 

7 the fiscal years 2015 through 2020’’. 

8 SEC. 412. STATE PLANS. 

9 (a) PLAN REQUIREMENTS.—Section 101(a) (29 U.S.C. 

10 721(a)) is amended— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (A), by striking ‘‘to 

13 participate’’ and all that follows and inserting 

14 ‘‘to receive funds under this title for a fiscal 

15 year, a State shall submit, and have approved by 

16 the Secretary and the Secretary of Labor, a uni17 fied State plan in accordance with section 102, 

18 or a combined State plan in accordance with 

19 section 103, of the Workforce Innovation and Op20 portunity Act. The unified or combined State 

21 plan shall include, in the portion of the plan de22 scribed in section 102(b)(2)(D) of such Act (re23 ferred to in this subsection as the ‘vocational re24 habilitation services portion’), the provisions of a 
582 

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1 State plan for vocational rehabilitation services, 

2 described in this subsection.’’; and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘in the State plan for 

5 vocational rehabilitation services,’’ and in6 serting ‘‘as part of the vocational rehabilita7 tion services portion of the unified or com8 bined State plan submitted in accordance 

9 with subparagraph (A),’’; and 

10 (ii) by striking ‘‘Rehabilitation Act 

11 Amendments of 1998’’ and inserting ‘‘Work12 force Innovation and Opportunity Act’’; 

13 and 

14 (C) in subparagraph (C)— 

15 (i) by striking ‘‘The State plan shall 

16 remain in effect subject to the submission of 

17 such modifications’’ and inserting ‘‘The vo18 cational rehabilitation services portion of 

19 the unified or combined State plan sub20 mitted in accordance with subparagraph 

21 (A) shall remain in effect until the State 

22 submits and receives approval of a new 

23 State plan in accordance with subpara24 graph (A), or until the submission of such 

25 modifications’’; and 
583 

† HR 803 EAS 

1 (ii) by striking ‘‘, until the State sub2 mits and receives approval of a new State 

3 plan’’; 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (A), by striking ‘‘The 

6 State plan’’ and inserting ‘‘The State plan for 

7 vocational rehabilitation services’’; and 

8 (B) in subparagraph (B)(ii)— 

9 (i) in subclause (II), by inserting ‘‘who 

10 is responsible for the day-to-day operation 

11 of the vocational rehabilitation program’’ 

12 before the semicolon; 

13 (ii) in subclause (III), by striking 

14 ‘‘and’’ at the end; 

15 (iii) in subclause (IV), by striking the 

16 period and inserting ‘‘; and’’; and 

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

18 ‘‘(V) has the sole authority and 

19 responsibility within the designated 

20 State agency described in subpara21 graph (A) to expend funds made avail22 able under this title in a manner that 

23 is consistent with the purposes of this 

24 title.’’; 

25 (3) in paragraph (5)— 
584 

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1 (A) in subparagraph (C), by striking ‘‘and’’ 

2 at the end; 

3 (B) by redesignating subparagraph (D) as 

4 subparagraph (E); and 

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

6 following: 

7 ‘‘(D) notwithstanding subparagraph (C), 

8 permit the State, in its discretion, to elect to 

9 serve eligible individuals (whether or not receiv10 ing vocational rehabilitation services) who re11 quire specific services or equipment to maintain 

12 employment; and’’; 

13 (4) in paragraph (7)— 

14 (A) in subparagraph (A)(v)— 

15 (i) in subclause (I), after ‘‘rehabilita16 tion technology’’ insert the following: ‘‘, in17 cluding training implemented in coordina18 tion with entities carrying out State pro19 grams under section 4 of the Assistive Tech20 nology Act of 1998 (29 U.S.C. 3003)’’; and 

21 (ii) in subclause (II), by striking ‘‘Re22 habilitation Act Amendments of 1998’’ and 

23 inserting ‘‘Workforce Innovation and Op24 portunity Act’’; and 
585 

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

2 (ii) and inserting the following: 

3 ‘‘(ii) the establishment and mainte4 nance of education and experience require5 ments, to ensure that the personnel have a 

6 21st century understanding of the evolving 

7 labor force and the needs of individuals 

8 with disabilities, including requirements 

9 for— 

10 ‘‘(I)(aa) attainment of a bacca11 laureate degree in a field of study rea12 sonably related to vocational rehabili13 tation, to indicate a level of com14 petency and skill demonstrating basic 

15 preparation in a field of study such as 

16 vocational rehabilitation counseling, 

17 social work, psychology, disability 

18 studies, business administration, 

19 human resources, special education, 

20 supported employment, customized em21 ployment, economics, or another field 

22 that reasonably prepares individuals to 

23 work with consumers and employers; 

24 and 
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1 ‘‘(bb) demonstrated paid or un2 paid experience, for not less than 1 

3 year, consisting of— 

4 ‘‘(AA) direct work with indi5 viduals with disabilities in a set6 ting such as an independent liv7 ing center; 

8 ‘‘(BB) direct service or advo9 cacy activities that provide such 

10 individual with experience and 

11 skills in working with individuals 

12 with disabilities; or 

13 ‘‘(CC) direct experience as an 

14 employer, as a small business 

15 owner or operator, or in self-em16 ployment, or other experience in 

17 human resources, recruitment, or 

18 experience in supervising employ19 ees, training, or other activities 

20 that provide experience in com21 petitive integrated employment 

22 environments; or 

23 ‘‘(II) attainment of a master’s or 

24 doctoral degree in a field of study such 

25 as vocational rehabilitation counseling, 
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1 law, social work, psychology, disability 

2 studies, business administration, 

3 human resources, special education, 

4 management, public administration, or 

5 another field that reasonably provides 

6 competence in the employment sector, 

7 in a disability field, or in both busi8 ness-related and rehabilitation-related 

9 fields; and’’; 

10 (5) in paragraph (8)— 

11 (A) in subparagraph (A)(i)— 

12 (i) by inserting ‘‘an accommodation or 

13 auxiliary aid or service or’’ after ‘‘prior to 

14 providing’’; and 

15 (ii) by striking ‘‘(5)(D)’’ and inserting 

16 ‘‘(5)(E)’’; 

17 (B) in subparagraph (B)— 

18 (i) in the matter preceding clause (i)— 

19 (I) by striking ‘‘medicaid’’ and 

20 inserting ‘‘Medicaid’’; 

21 (II) by striking ‘‘workforce invest22 ment system’’ and inserting ‘‘workforce 

23 development system’’; 

24 (III) by striking ‘‘(5)(D)’’ and in25 serting ‘‘(5)(E)’’; 
588 

† HR 803 EAS 

1 (IV) by inserting ‘‘and, if appro2 priate, accommodations or auxiliary 

3 aids and services,’’ before ‘‘that are in4 cluded’’; and 

5 (V) by striking ‘‘provision of such 

6 vocational rehabilitation services’’ and 

7 inserting ‘‘provision of such vocational 

8 rehabilitation services (including, if 

9 appropriate, accommodations or auxil10 iary aids and services)’’; and 

11 (ii) in clause (iv)— 

12 (I) by striking ‘‘(5)(D)’’ and in13 serting ‘‘(5)(E)’’; and 

14 (II) by inserting ‘‘, and accom15 modations or auxiliary aids and serv16 ices’’ before the period; and 

17 (C) in subparagraph (C)(i), by striking 

18 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

19 (6) in paragraph (10)— 

20 (A) in subparagraph (B), by striking ‘‘an21 nual’’ and all that follows through ‘‘of 1998’’ and 

22 inserting ‘‘annual reporting of information, on 

23 eligible individuals receiving the services, that is 

24 necessary to assess the State’s performance on the 
589 

† HR 803 EAS 

1 standards and indicators described in section 

2 106(a)’’; 

3 (B) in subparagraph (C)— 

4 (i) in the matter preceding clause (i), 

5 by inserting ‘‘, from each State,’’ after ‘‘ad6 ditional data’’; 

7 (ii) by striking clause (i) and insert8 ing: 

9 ‘‘(i) the number of applicants and the 

10 number of individuals determined to be eli11 gible or ineligible for the program carried 

12 out under this title, including the number of 

13 individuals determined to be ineligible 

14 (disaggregated by type of disability and 

15 age);’’; 

16 (iii) in clause (ii)— 

17 (I) in subclause (I), by striking 

18 ‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 

19 (II) in subclause (II), by striking 

20 ‘‘and’’ at the end; and 

21 (III) by adding at the end the fol22 lowing: 

23 ‘‘(IV) the number of individuals 

24 with open cases (disaggregated by those 

25 who are receiving training and those 
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† HR 803 EAS 

1 who are in postsecondary education), 

2 and the type of services the individuals 

3 are receiving (including supported em4 ployment); 

5 ‘‘(V) the number of students with 

6 disabilities who are receiving pre-em7 ployment transition services under this 

8 title: and 

9 ‘‘(VI) the number of individuals 

10 referred to State vocational rehabilita11 tion programs by one-stop operators 

12 (as defined in section 3 of the Work13 force Innovation and Opportunity 

14 Act), and the number of individuals re15 ferred to such one-stop operators by 

16 State vocational rehabilitation pro17 grams;’’; and 

18 (iv) in clause (iv)(I), by inserting be19 fore the semicolon the following: ‘‘and, for 

20 those who achieved employment outcomes, 

21 the average length of time to obtain employ22 ment’’; 

23 (C) in subparagraph (D)(i), by striking 

24 ‘‘title I of the Workforce Investment Act of 1998’’ 
591 

† HR 803 EAS 

1 and inserting ‘‘title I of the Workforce Innova2 tion and Opportunity Act’’; 

3 (D) in subparagraph (E)(ii), by striking 

4 ‘‘of the State’’ and all that follows and inserting 

5 ‘‘of the State in meeting the standards and indi6 cators established pursuant to section 106.’’; and 

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

8 ‘‘(G) RULES FOR REPORTING OF DATA.— 

9 The disaggregation of data under this Act shall 

10 not be required within a category if the number 

11 of individuals in a category is insufficient to 

12 yield statistically reliable information, or if the 

13 results would reveal personally identifiable infor14 mation about an individual. 

15 ‘‘(H) COMPREHENSIVE REPORT.—The State 

16 plan shall specify that the Commissioner will 

17 provide an annual comprehensive report that in18 cludes the reports and data required under this 

19 section, as well as a summary of the reports and 

20 data, for each fiscal year. The Commissioner 

21 shall submit the report to the Committee on Edu22 cation and the Workforce of the House of Rep23 resentatives, the Committee on Appropriations of 

24 the House of Representatives, the Committee on 

25 Health, Education, Labor, and Pensions of the 
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1 Senate, and the Committee on Appropriations of 

2 the Senate, not later than 90 days after the end 

3 of the fiscal year involved.’’; 

4 (7) in paragraph (11)— 

5 (A) in subparagraph (A)— 

6 (i) in the subparagraph header, by 

7 striking ‘‘WORKFORCE INVESTMENT SYS8 TEMS’’ and inserting ‘‘WORKFORCE DEVEL9 OPMENT SYSTEMS’’; 

10 (ii) in the matter preceding clause (i), 

11 by striking ‘‘workforce investment system’’ 

12 and inserting ‘‘workforce development sys13 tem’’; 

14 (iii) in clause (i)(II)— 

15 (I) by striking ‘‘investment’’ and 

16 inserting ‘‘development’’; and 

17 (II) by inserting ‘‘(including pro18 grammatic accessibility and physical 

19 accessibility)’’ after ‘‘program accessi20 bility’’; 

21 (iv) in clause (ii), by striking ‘‘work22 force investment system’’ and inserting 

23 ‘‘workforce development system’’; and 
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1 (v) in clause (v), by striking ‘‘work2 force investment system’’ and inserting 

3 ‘‘workforce development system’’; 

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

5 ‘‘workforce investment system’’ and inserting 

6 ‘‘workforce development system’’; 

7 (C) in subparagraph (C)— 

8 (i) by inserting ‘‘the State programs 

9 carried out under section 4 of the Assistive 

10 Technology Act of 1998 (29 U.S.C. 3003),’’ 

11 after ‘‘including’’; 

12 (ii) by inserting ‘‘, noneducational 

13 agencies serving out-of-school youth,’’ after 

14 ‘‘Agriculture’’; and 

15 (iii) by striking ‘‘such agencies and 

16 programs’’ and inserting ‘‘such Federal, 

17 State, and local agencies and programs’’; 

18 and 

19 (iv) by striking ‘‘workforce investment 

20 system’’ and inserting ‘‘workforce develop21 ment system’’; 

22 (D) in subparagraph (D)— 

23 (i) in the matter preceding clause (i), 

24 by inserting ‘‘, including pre-employment 
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1 transition services,’’ before ‘‘under this 

2 title’’; 

3 (ii) in clause (i), by inserting ‘‘, which 

4 may be provided using alternative means 

5 for meeting participation (such as video 

6 conferences and conference calls),’’ after 

7 ‘‘consultation and technical assistance’’; 

8 and 

9 (iii) in clause (ii), by striking ‘‘com10 pletion’’ and inserting ‘‘implementation’’; 

11 (E) by redesignating subparagraphs (E) 

12 and (F) as subparagraphs (F) and (H), respec13 tively; 

14 (F) by inserting after subparagraph (D) the 

15 following: 

16 ‘‘(E) COORDINATION WITH EMPLOYERS.— 

17 The State plan shall describe how the designated 

18 State unit will work with employers to identify 

19 competitive integrated employment opportunities 

20 and career exploration opportunities, in order to 

21 facilitate the provision of— 

22 ‘‘(i) vocational rehabilitation services; 

23 and 

24 ‘‘(ii) transition services for youth with 

25 disabilities and students with disabilities, 
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1 such as pre-employment transition serv2 ices.’’; 

3 (G) in subparagraph (F), as redesignated 

4 by subparagraph (E) of this paragraph— 

5 (i) by inserting ‘‘chapter 1 of’’ after 

6 ‘‘part C of’’; and 

7 (ii) by inserting ‘‘, as appropriate’’ be8 fore the period; 

9 (H) by inserting after subparagraph (F), as 

10 redesignated by subparagraph (E) of this para11 graph, the following: 

12 ‘‘(G) COOPERATIVE AGREEMENT REGARDING

13 INDIVIDUALS ELIGIBLE FOR HOME AND COMMU14 NITY-BASED WAIVER PROGRAMS.—The State plan 

15 shall include an assurance that the designated 

16 State unit has entered into a formal cooperative 

17 agreement with the State agency responsible for 

18 administering the State Medicaid plan under 

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

20 1396 et seq.) and the State agency with primary 

21 responsibility for providing services and sup22 ports for individuals with intellectual disabilities 

23 and individuals with developmental disabilities, 

24 with respect to the delivery of vocational reha25 bilitation services, including extended services, 
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1 for individuals with the most significant disabil2 ities who have been determined to be eligible for 

3 home and community-based services under a 

4 Medicaid waiver, Medicaid State plan amend5 ment, or other authority related to a State Med6 icaid program.’’; 

7 (I) in subparagraph (H), as redesignated by 

8 subparagraph (E) of this paragraph— 

9 (i) in clause (ii)— 

10 (I) by inserting ‘‘on or’’ before 

11 ‘‘near’’; and 

12 (II) by striking ‘‘and’’ at the end; 

13 (ii) by redesignating clause (iii) as 

14 clause (iv); and 

15 (iii) by inserting after clause (ii) the 

16 following: 

17 ‘‘(iii) strategies for the provision of 

18 transition planning, by personnel of the 

19 designated State unit, the State educational 

20 agency, and the recipient of funds under 

21 part C, that will facilitate the development 

22 and approval of the individualized plans 

23 for employment under section 102; and’’; 

24 and 

25 (J) by adding at the end the following: 
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1 ‘‘(I) COORDINATION WITH ASSISTIVE TECH2 NOLOGY PROGRAMS.—The State plan shall in3 clude an assurance that the designated State 

4 unit, and the lead agency and implementing en5 tity (if any) designated by the Governor of the 

6 State under section 4 of the Assistive Technology 

7 Act of 1998 (29 U.S.C. 3003), have developed 

8 working relationships and will enter into agree9 ments for the coordination of their activities, in10 cluding the referral of individuals with disabil11 ities to programs and activities described in that 

12 section. 

13 ‘‘(J) COORDINATION WITH TICKET TO WORK

14 AND SELF-SUFFICIENCY PROGRAM.—The State 

15 plan shall include an assurance that the des16 ignated State unit will coordinate activities with 

17 any other State agency that is functioning as an 

18 employment network under the Ticket to Work 

19 and Self-Sufficiency Program established under 

20 section 1148 of the Social Security Act (42 

21 U.S.C. 1320b–19). 

22 ‘‘(K) INTERAGENCY COOPERATION.—The 

23 State plan shall describe how the designated 

24 State agency or agencies (if more than 1 agency 

25 is designated under paragraph (2)(A)) will col-
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1 laborate with the State agency responsible for 

2 administering the State Medicaid plan under 

3 title XIX of the Social Security Act (42 U.S.C. 

4 1396 et seq.), the State agency responsible for 

5 providing services for individuals with develop6 mental disabilities, and the State agency respon7 sible for providing mental health services, to de8 velop opportunities for community-based employ9 ment in integrated settings, to the greatest extent 

10 practicable.’’; 

11 (8) in paragraph (14)— 

12 (A) in the paragraph header, by striking 

13 ‘‘ANNUAL’’ and inserting ‘‘SEMIANNUAL’’; 

14 (B) in subparagraph (A)— 

15 (i) by striking ‘‘an annual’’ and in16 serting ‘‘a semiannual’’; 

17 (ii) by striking ‘‘has achieved an em18 ployment outcome’’ and inserting ‘‘is em19 ployed’’; 

20 (iii) by striking ‘‘achievement of the 

21 outcome’’ and all that follows through ‘‘rep22 resentative)’’ and inserting ‘‘beginning of 

23 such employment, and annually thereafter’’; 

24 (iv) by striking ‘‘to competitive’’ and 

25 all that follows and inserting the following: 
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1 ‘‘to competitive integrated employment or 

2 training for competitive integrated employ3 ment;’’; 

4 (C) in subparagraph (B), by striking ‘‘and’’ 

5 at the end; 

6 (D) in subparagraph (C), by striking ‘‘the 

7 individuals described’’ and all that follows and 

8 inserting ‘‘individuals described in subpara9 graph (A) in attaining competitive integrated 

10 employment; and’’; and 

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

12 ‘‘(D) an assurance that the State will report 

13 the information generated under subparagraphs 

14 (A), (B), and (C), for each of the individuals, to 

15 the Administrator of the Wage and Hour Divi16 sion of the Department of Labor for each fiscal 

17 year, not later than 60 days after the end of the 

18 fiscal year.’’; 

19 (9) in paragraph (15)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (i)— 

22 (I) in subclause (II), by striking 

23 ‘‘and’’ at the end; 

24 (II) in subclause (III)— 
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1 (aa) by striking ‘‘workforce 

2 investment system’’ and inserting 

3 ‘‘workforce development system’’; 

4 and 

5 (bb) by adding ‘‘and’’ at the 

6 end; and 

7 (III) by adding at the end the fol8 lowing: 

9 ‘‘(IV) youth with disabilities, and 

10 students with disabilities, including 

11 their need for pre-employment transi12 tion services or other transition serv13 ices;’’; 

14 (ii) by redesignating clauses (ii) and 

15 (iii) as clauses (iii) and (iv), respectively; 

16 and 

17 (iii) by inserting after clause (i) the 

18 following: 

19 ‘‘(ii) include an assessment of the needs 

20 of individuals with disabilities for transi21 tion services and pre-employment transition 

22 services, and the extent to which such serv23 ices provided under this Act are coordinated 

24 with transition services provided under the 

25 Individuals with Disabilities Education Act 
601 

† HR 803 EAS 

1 (20 U.S.C. 1400 et seq.) in order to meet the 

2 needs of individuals with disabilities.’’; 

3 (B) in subparagraph (B)— 

4 (i) in clause (ii)— 

5 (I) by striking ‘‘part B of title 

6 VI’’ and inserting ‘‘title VI’’; and 

7 (II) by striking ‘‘and’’ at the end; 

8 (ii) by redesignating clause (iii) as 

9 clause (iv); and 

10 (iii) by inserting after clause (ii) the 

11 following: 

12 ‘‘(iii) the number of individuals who 

13 are eligible for services under this title, but 

14 are not receiving such services due to an 

15 order of selection; and’’; and 

16 (C) in subparagraph (D)— 

17 (i) by redesignating clauses (iii) 

18 through (v) as clauses (iv) through (vi), re19 spectively; 

20 (ii) by inserting after clause (ii) the 

21 following: 

22 ‘‘(iii) the methods to be used to im23 prove and expand vocational rehabilitation 

24 services for students with disabilities, in25 cluding the coordination of services designed 
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1 to facilitate the transition of such students 

2 from the receipt of educational services in 

3 school to postsecondary life (including the 

4 receipt of vocational rehabilitation services 

5 under this title, postsecondary education, 

6 employment, and pre-employment transi7 tion services);’’; and 

8 (iii) in clause (vi), as redesignated by 

9 clause (i) of this subparagraph, by striking 

10 ‘‘workforce investment system’’ and insert11 ing ‘‘workforce development system’’; 

12 (10) in paragraph (20), in subparagraphs (A) 

13 and (B)(i), by striking ‘‘workforce investment system’’ 

14 and inserting ‘‘workforce development system’’; 

15 (11) in paragraph (22), by striking ‘‘part B of 

16 title VI’’ and inserting ‘‘title VI’’; and 

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

18 ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL19 ITIES.—The State plan shall provide an assurance 

20 that, with respect to students with disabilities, the 

21 State— 

22 ‘‘(A) has developed and will implement— 

23 ‘‘(i) strategies to address the needs 

24 identified in the assessments described in 

25 paragraph (15); and 
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1 ‘‘(ii) strategies to achieve the goals and 

2 priorities identified by the State, in accord3 ance with paragraph (15), to improve and 

4 expand vocational rehabilitation services for 

5 students with disabilities on a statewide 

6 basis; and 

7 ‘‘(B) has developed and will implement 

8 strategies to provide pre-employment transition 

9 services. 

10 ‘‘(26) JOB GROWTH AND DEVELOPMENT.—The 

11 State plan shall provide an assurance describing how 

12 the State will utilize initiatives involving in-demand 

13 industry sectors or occupations under sections 106(c) 

14 and 108 of the Workforce Innovation and Oppor15 tunity Act to increase competitive integrated employ16 ment opportunities for individuals with disabilities.’’. 

17 (b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) is 

18 amended to read as follows: 

19 ‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The 

20 State plan for vocational rehabilitation services shall be 

21 subject to— 

22 ‘‘(1) subsection (c) of section 102 of the Work23 force Innovation and Opportunity Act, in a case in 

24 which that plan is a portion of the unified State plan 

25 described in that section 102; and 
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1 ‘‘(2) subsection (b), and paragraphs (1), (2), and 

2 (3) of subsection (c), of section 103 of such Act in a 

3 case in which that State plan for vocational rehabili4 tation services is a portion of the combined State 

5 plan described in that section 103.’’. 

6 (c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is 

7 amended by adding at the end the following: 

8 ‘‘(c) CONSTRUCTION.—Nothing in this part shall be 

9 construed to reduce the obligation under the Individuals 

10 with Disabilities Education Act (20 U.S.C. 1400 et seq.) 

11 of a local educational agency or any other agency to provide 

12 or pay for any transition services that are also considered 

13 special education or related services and that are necessary 

14 for ensuring a free appropriate public education to children 

15 with disabilities within the State involved.’’. 

16 SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM17 PLOYMENT. 

18 (a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) 

19 is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (A), by striking ‘‘is 

22 an’’ and inserting ‘‘has undergone an assessment 

23 for determining eligibility and vocational reha24 bilitation needs and as a result has been deter25 mined to be an’’; 
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† HR 803 EAS 

1 (B) in subparagraph (B), by striking ‘‘or 

2 regain employment.’’ and inserting ‘‘advance in, 

3 or regain employment that is consistent with the 

4 individual’s strengths, resources, priorities, con5 cerns, abilities, capabilities, interests, and in6 formed choice.’’; and 

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

8 ‘‘For purposes of an assessment for determining 

9 eligibility and vocational rehabilitation needs 

10 under this Act, an individual shall be presumed 

11 to have a goal of an employment outcome.’’; 

12 (2) in paragraph (2)— 

13 (A) in subparagraph (A)— 

14 (i) in the subparagraph header, by 

15 striking ‘‘DEMONSTRATION’’ and inserting 

16 ‘‘APPLICANTS’’; and 

17 (ii) by striking ‘‘, unless’’ and all that 

18 follows and inserting a period; and 

19 (B) in subparagraph (B)— 

20 (i) in the subparagraph header, by 

21 striking ‘‘METHODS’’ and inserting ‘‘RE22 SPONSIBILITIES’’; 

23 (ii) in the first sentence— 

24 (I) by striking ‘‘In making the 

25 demonstration required under subpara-
606 

† HR 803 EAS 

1 graph (A),’’ and inserting ‘‘Prior to 

2 determining under this subsection that 

3 an applicant described in subpara4 graph (A) is unable to benefit due to 

5 the severity of the individual’s dis6 ability or that the individual is ineli7 gible for vocational rehabilitation serv8 ices,’’; and 

9 (II) by striking ‘‘, except under’’ 

10 and all that follows and inserting a pe11 riod; and 

12 (iii) in the second sentence, by striking 

13 ‘‘individual or to determine’’ and all that 

14 follows and inserting ‘‘individual. In pro15 viding the trial experiences, the designated 

16 State unit shall provide the individual with 

17 the opportunity to try different employment 

18 experiences, including supported employ19 ment, and the opportunity to become em20 ployed in competitive integrated employ21 ment.’’; 

22 (3) in paragraph (3)(A)(ii), by striking ‘‘out23 come from’’ and all that follows and inserting ‘‘out24 come due to the severity of the individual’s disability 

25 (as of the date of the determination).’’; and 
607 

† HR 803 EAS 

1 (4) in paragraph (5)— 

2 (A) in the matter preceding subparagraph 

3 (A)— 

4 (i) by striking ‘‘If an individual’’ and 

5 inserting ‘‘If, after the designated State unit 

6 carries out the activities described in para7 graph (2)(B), a review of existing data, 

8 and, to the extent necessary, the assessment 

9 activities described in section 7(2)(A)(ii), 

10 an individual’’; and 

11 (ii) by striking ‘‘title is determined’’ 

12 and all that follows through ‘‘not to be’’ and 

13 inserting ‘‘title is determined not to be’’; 

14 (B) by redesignating subparagraphs (A) 

15 through (D) as subparagraphs (B) through (E), 

16 respectively; 

17 (C) by inserting before subparagraph (B), 

18 as redesignated by subparagraph (B) of this 

19 paragraph, the following: 

20 ‘‘(A) the ineligibility determination shall be 

21 an individualized one, based on the available 

22 data, and shall not be based on assumptions 

23 about broad categories of disabilities;’’; and 

24 (D) in clause (i) of subparagraph (C), as 

25 redesignated by subparagraph (B) of this para-
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1 graph, by inserting after ‘‘determination’’ the 

2 following: ‘‘, including the clear and convincing 

3 evidence that forms the basis for the determina4 tion of ineligibility’’. 

5 (b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR

6 EMPLOYMENT, AND RELATED INFORMATION.—Section 

7 102(b) (29 U.S.C. 722(b)) is amended— 

8 (1) in paragraph (1)(A)— 

9 (A) by striking ‘‘, to the extent determined 

10 to be appropriate by the eligible individual,’’; 

11 and 

12 (B) by inserting ‘‘or, as appropriate, a dis13 ability advocacy organization’’ after ‘‘counselor’’; 

14 (2) by redesignating paragraphs (2) and (3) as 

15 paragraphs (3) and (4), respectively; 

16 (3) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) INDIVIDUALS DESIRING TO ENTER THE

19 WORKFORCE.—For an individual entitled to benefits 

20 under title II or XVI of the Social Security Act (42 

21 U.S.C. 401 et seq., 1381 et seq.) on the basis of a dis22 ability or blindness, the designated State unit shall 

23 provide to the individual general information on ad24 ditional supports and assistance for individuals with 
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1 disabilities desiring to enter the workforce, including 

2 assistance with benefits planning.’’; 

3 (4) in paragraph (3), as redesignated by para4 graph (2) of this subsection— 

5 (A) in subparagraph (E)— 

6 (i) in clause (i), by striking ‘‘and’’ at 

7 the end; 

8 (ii) in clause (ii), by striking the pe9 riod and inserting ‘‘; and’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(iii) amended, as necessary, to in13 clude the postemployment services and serv14 ice providers that are necessary for the indi15 vidual to maintain or regain employment, 

16 consistent with the individual’s strengths, 

17 resources, priorities, concerns, abilities, ca18 pabilities, interests, and informed choice.’’; 

19 and 

20 (B) by adding at the end the following: 

21 ‘‘(F) TIMEFRAME FOR COMPLETING THE IN22 DIVIDUALIZED PLAN FOR EMPLOYMENT.—The in23 dividualized plan for employment shall be devel24 oped as soon as possible, but not later than a 

25 deadline of 90 days after the date of the deter-
610 

† HR 803 EAS 

1 mination of eligibility described in paragraph 

2 (1), unless the designated State unit and the eli3 gible individual agree to an extension of that 

4 deadline to a specific date by which the individ5 ualized plan for employment shall be com6 pleted.’’; and 

7 (5) in paragraph (4), as redesignated by para8 graph (2) of this subsection— 

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

10 ‘‘choice of the’’ and all that follows and inserting 

11 ‘‘choice of the eligible individual, consistent with 

12 the general goal of competitive integrated em13 ployment (except that in the case of an eligible 

14 individual who is a student, the description may 

15 be a description of the student’s projected post16 school employment outcome);’’; 

17 (B) in subparagraph (B)(i)— 

18 (i) by redesignating subclause (II) as 

19 subclause (III); and 

20 (ii) by striking subclause (I) and in21 serting the following: 

22 ‘‘(I) needed to achieve the employment 

23 outcome, including, as appropriate— 

24 ‘‘(aa) the provision of assistive 

25 technology devices and assistive tech-
611 

† HR 803 EAS 

1 nology services (including referrals de2 scribed in section 103(a)(3) to the de3 vice reutilization programs and dem4 onstrations described in subparagraphs 

5 (B) and (D) of section 4(e)(2) of the 

6 Assistive Technology Act of 1998 (29 

7 U.S.C. 3003(e)(2)) through agreements 

8 developed under section 101(a)(11)(I); 

9 and 

10 ‘‘(bb) personal assistance services 

11 (including training in the management 

12 of such services); 

13 ‘‘(II) in the case of a plan for an eligi14 ble individual that is a student, the specific 

15 transition services and supports needed to 

16 achieve the student’s employment outcome 

17 or projected postschool employment outcome; 

18 and’’; 

19 (C) in subparagraph (F), by striking ‘‘and’’ 

20 at the end; 

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

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

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

24 ‘‘(H) for an individual who also is receiv25 ing assistance from an employment network 
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1 under the Ticket to Work and Self-Sufficiency 

2 Program established under section 1148 of the 

3 Social Security Act (42 U.S.C. 1320b–19), a de4 scription of how responsibility for service deliv5 ery will be divided between the employment net6 work and the designated State unit.’’. 

7 (c) PROCEDURES.—Section 102(c) (29 U.S.C. 722(c)) 

8 is amended— 

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

10 following: ‘‘The procedures shall allow an applicant 

11 or an eligible individual the opportunity to request 

12 mediation, an impartial due process hearing, or both 

13 procedures.’’; 

14 (2) in paragraph (2)(A)— 

15 (A) in clause (ii), by striking ‘‘and’’ at the 

16 end; 

17 (B) in clause (iii), by striking the period 

18 and inserting ‘‘; and’’; and 

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

20 ‘‘(iv) any applicable State limit on the 

21 time by which a request for mediation 

22 under paragraph (4) or a hearing under 

23 paragraph (5) shall be made, and any re24 quired procedure by which the request shall 

25 be made.’’; and 
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1 (3) in paragraph (5)— 

2 (A) by striking subparagraph (A) and in3 serting the following: 

4 ‘‘(A) OFFICER.—A due process hearing de5 scribed in paragraph (2) shall be conducted by 

6 an impartial hearing officer who, on reviewing 

7 the evidence presented, shall issue a written deci8 sion based on the provisions of the approved 

9 State plan, requirements specified in this Act 

10 (including regulations implementing this Act), 

11 and State regulations and policies that are con12 sistent with the Federal requirements specified in 

13 this title. The officer shall provide the written de14 cision to the applicant or eligible individual, or, 

15 as appropriate, the applicant’s representative or 

16 individual’s representative, and to the designated 

17 State unit. The impartial hearing officer shall 

18 have the authority to render a decision and re19 quire actions regarding the applicant’s or eligi20 ble individual’s vocational rehabilitation services 

21 under this title.’’; and 

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

23 laws’’ and inserting ‘‘about Federal laws’’. 

24 SEC. 414. VOCATIONAL REHABILITATION SERVICES. 

25 Section 103 (29 U.S.C. 723) is amended— 
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† HR 803 EAS 

1 (1) in subsection (a)— 

2 (A) in paragraph (13), by striking ‘‘work3 force investment system’’ and inserting ‘‘work4 force development system’’; 

5 (B) by striking paragraph (15) and insert6 ing the following: 

7 ‘‘(15) transition services for students with dis8 abilities, that facilitate the transition from school to 

9 postsecondary life, such as achievement of an employ10 ment outcome in competitive integrated employment, 

11 or pre-employment transition services;’’; 

12 (C) by redesignating paragraphs (17) and 

13 (18) as paragraphs (19) and (20), respectively; 

14 and 

15 (D) by inserting after paragraph (16) the 

16 following: 

17 ‘‘(17) customized employment; 

18 ‘‘(18) encouraging qualified individuals who are 

19 eligible to receive services under this title to pursue 

20 advanced training in a science, technology, engineer21 ing, or mathematics (including computer science) 

22 field, medicine, law, or business;’’. 

23 (2) in subsection (b)— 

24 (A) in paragraph (2)— 

25 (i) in subparagraph (A)— 
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† HR 803 EAS 

1 (I) by striking ‘‘(A)’’; and 

2 (II) by striking the second sen3 tence and inserting ‘‘Such programs 

4 shall be used to provide services de5 scribed in this section that promote in6 tegration into the community and that 

7 prepare individuals with disabilities 

8 for competitive integrated employment, 

9 including supported employment and 

10 customized employment.’’; and 

11 (ii) by striking subparagraph (B); 

12 (B) by striking paragraph (5) and inserting 

13 the following: 

14 ‘‘(5) Technical assistance to businesses that are 

15 seeking to employ individuals with disabilities.’’; and 

16 (C) by striking paragraph (6) and inserting 

17 the following: 

18 ‘‘(6) Consultation and technical assistance serv19 ices to assist State educational agencies and local 

20 educational agencies in planning for the transition of 

21 students with disabilities from school to postsecondary 

22 life, including employment. 

23 ‘‘(7) Transition services to youth with disabil24 ities and students with disabilities, for which a voca25 tional rehabilitation counselor works in concert with 
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† HR 803 EAS 

1 educational agencies, providers of job training pro2 grams, providers of services under the Medicaid pro3 gram under title XIX of the Social Security Act (42 

4 U.S.C. 1396 et seq.), entities designated by the State 

5 to provide services for individuals with developmental 

6 disabilities, centers for independent living (as defined 

7 in section 702), housing and transportation authori8 ties, workforce development systems, and businesses 

9 and employers. 

10 ‘‘(8) The establishment, development, or improve11 ment of assistive technology demonstration, loan, re12 utilization, or financing programs in coordination 

13 with activities authorized under the Assistive Tech14 nology Act of 1998 (29 U.S.C. 3001 et seq.) to pro15 mote access to assistive technology for individuals 

16 with disabilities and employers. 

17 ‘‘(9) Support (including, as appropriate, tui18 tion) for advanced training in a science, technology, 

19 engineering, or mathematics (including computer 

20 science) field, medicine, law, or business, provided 

21 after an individual eligible to receive services under 

22 this title, demonstrates— 

23 ‘‘(A) such eligibility; 

24 ‘‘(B) previous completion of a bachelor’s de25 gree program at an institution of higher edu-
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† HR 803 EAS 

1 cation or scheduled completion of such degree 

2 program prior to matriculating in the program 

3 for which the individual proposes to use the sup4 port; and 

5 ‘‘(C) acceptance by a program at an insti6 tution of higher education in the United States 

7 that confers a master’s degree in a science, tech8 nology, engineering, or mathematics (including 

9 computer science) field, a juris doctor degree, a 

10 master of business administration degree, or a 

11 doctor of medicine degree, 

12 except that the limitations of subsection (a)(5) that 

13 apply to training services shall apply to support de14 scribed in this paragraph, and nothing in this para15 graph shall prevent any designated State unit from 

16 providing similar support to individuals with dis17 abilities within the State who are eligible to receive 

18 support under this title and who are not served under 

19 this paragraph.’’. 

20 SEC. 415. STATE REHABILITATION COUNCIL. 

21 Section 105 (29 U.S.C. 725) is amended— 

22 (1) in subsection (b)(1)(A)— 

23 (A) by striking clause (ix) and inserting the 

24 following: 
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† HR 803 EAS 

1 ‘‘(ix) in a State in which one or more 

2 projects are funded under section 121, at 

3 least one representative of the directors of 

4 the projects located in such State;’’; and 

5 (B) in clause (xi), by striking ‘‘State work6 force investment board’’ and inserting ‘‘State 

7 workforce development board’’; and 

8 (2) in subsection (c)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘State workforce investment board’’ 

11 and inserting ‘‘State workforce development 

12 board’’; and 

13 (B) in paragraph (6), by striking ‘‘Service 

14 Act’’ and all that follows and inserting ‘‘Service 

15 Act (42 U.S.C. 300x–3(a)) and the State work16 force development board, and with the activities 

17 of entities carrying out programs under the As18 sistive Technology Act of 1998 (29 U.S.C. 3001 

19 et seq.);’’. 

20 SEC. 416. EVALUATION STANDARDS AND PERFORMANCE IN21 DICATORS. 

22 Section 106 (29 U.S.C. 726) is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 

25 ‘‘(a) IN GENERAL.— 
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† HR 803 EAS 

1 ‘‘(1) STANDARDS AND INDICATORS.—The evalua2 tion standards and performance indicators for the vo3 cational rehabilitation program carried out under 

4 this title shall be subject to the performance account5 ability provisions described in section 116(b) of the 

6 Workforce Innovation and Opportunity Act. 

7 ‘‘(2) ADDITIONAL PERFORMANCE ACCOUNT8 ABILITY INDICATORS.—A State may establish and 

9 provide information on additional performance ac10 countability indicators, which shall be identified in 

11 the State plan submitted under section 101.’’; and 

12 (2) in subsection (b)(2)(B)(i), by striking ‘‘re13 view the program’’ and all that follows through ‘‘re14 quest the State’’ and inserting ‘‘on a biannual basis, 

15 review the program improvement efforts of the State 

16 and, if the State has not improved its performance to 

17 acceptable levels, as determined by the Commissioner, 

18 direct the State’’. 

19 SEC. 417. MONITORING AND REVIEW. 

20 (a) IN GENERAL.—Section 107 (29 U.S.C. 727) is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (3)(E), by inserting be24 fore the period the following: ‘‘, including per25 sonnel of a client assistance program under sec-
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† HR 803 EAS 

1 tion 112, and past or current recipients of voca2 tional rehabilitation services’’; and 

3 (B) in paragraph (4)— 

4 (i) by striking subparagraphs (A) and 

5 (B) and inserting the following: 

6 ‘‘(A) the eligibility process, including the 

7 process related to the determination of ineligi8 bility under section 102(a)(5); 

9 ‘‘(B) the provision of services, including 

10 supported employment services and pre-employ11 ment transition services, and, if applicable, the 

12 order of selection;’’; 

13 (ii) in subparagraph (C), by striking 

14 ‘‘and’’ at the end; 

15 (iii) by redesignating subparagraph 

16 (D) as subparagraph (E); and 

17 (iv) by inserting after subparagraph 

18 (C) the following: 

19 ‘‘(D) data reported under section 

20 101(a)(10)(C)(i); and’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘and’’ at 

23 the end; 

24 (B) in paragraph (2), by striking the period 

25 and inserting ‘‘; and’’; and 
621 

† HR 803 EAS 

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

2 ‘‘(3) provide technical assistance to programs 

3 under this title to— 

4 ‘‘(A) promote high-quality employment out5 comes for individuals with disabilities; 

6 ‘‘(B) integrate veterans who are individuals 

7 with disabilities into their communities and to 

8 support the veterans to obtain and retain com9 petitive integrated employment; 

10 ‘‘(C) develop, improve, and disseminate in11 formation on procedures, practices, and strate12 gies, including for the preparation of personnel, 

13 to better enable individuals with intellectual dis14 abilities and other individuals with disabilities 

15 to participate in postsecondary educational expe16 riences and to obtain and retain competitive in17 tegrated employment; and 

18 ‘‘(D) apply evidence-based findings to fa19 cilitate systemic improvements in the transition 

20 of youth with disabilities to postsecondary life.’’. 

21 (b) TECHNICAL AMENDMENT.—Section 108(a) (29 

22 U.S.C. 728(a)) is amended by striking ‘‘part B of title VI’’ 

23 and inserting ‘‘title VI’’. 
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1 SEC. 418. TRAINING AND SERVICES FOR EMPLOYERS. 

2 Section 109 (29 U.S.C. 728a) is amended to read as 

3 follows: 

4 ‘‘SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 

5 ‘‘A State may expend payments received under section 

6 111 to educate and provide services to employers who have 

7 hired or are interested in hiring individuals with disabil8 ities under programs carried out under this title, includ9 ing— 

10 ‘‘(1) providing training and technical assistance 

11 to employers regarding the employment of individuals 

12 with disabilities, including disability awareness, and 

13 the requirements of the Americans with Disabilities 

14 Act of 1990 (42 U.S.C. 12101 et seq.) and other em15 ployment-related laws; 

16 ‘‘(2) working with employers to— 

17 ‘‘(A) provide opportunities for work-based 

18 learning experiences (including internships, 

19 short-term employment, apprenticeships, and fel20 lowships), and opportunities for pre-employment 

21 transition services; 

22 ‘‘(B) recruit qualified applicants who are 

23 individuals with disabilities; 

24 ‘‘(C) train employees who are individuals 

25 with disabilities; and 
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1 ‘‘(D) promote awareness of disability-re2 lated obstacles to continued employment; 

3 ‘‘(3) providing consultation, technical assistance, 

4 and support to employers on workplace accommoda5 tions, assistive technology, and facilities and work6 place access through collaboration with community 

7 partners and employers, across States and nationally, 

8 to enable the employers to recruit, job match, hire, 

9 and retain qualified individuals with disabilities who 

10 are recipients of vocational rehabilitation services 

11 under this title, or who are applicants for such serv12 ices; and 

13 ‘‘(4) assisting employers with utilizing available 

14 financial support for hiring or accommodating indi15 viduals with disabilities.’’. 

16 SEC. 419. STATE ALLOTMENTS. 

17 Section 110 (29 U.S.C. 730) is amended— 

18 (1) in subsection (a)(1), by striking ‘‘Subject to 

19 the provisions of subsection (c)’’ and inserting ‘‘Sub20 ject to the provisions of subsections (c) and (d),’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1), by striking ‘‘1987’’ 

23 and inserting ‘‘2015’’; and 

24 (B) in paragraph (2)— 
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1 (i) by striking ‘‘Secretary’’ and all 

2 that follows through ‘‘(B)’’ and inserting 

3 ‘‘Secretary,’’; and 

4 (ii) by striking ‘‘2000 through 2003’’ 

5 and inserting ‘‘2015 through 2020’’; and 

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

7 ‘‘(d)(1) From any State allotment under subsection (a) 

8 for a fiscal year, the State shall reserve not less than 15 

9 percent of the allotted funds for the provision of pre-employ10 ment transition services. 

11 ‘‘(2) Such reserved funds shall not be used to pay for 

12 the administrative costs of providing pre-employment tran13 sition services.’’. 

14 SEC. 420. PAYMENTS TO STATES. 

15 Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is 

16 amended— 

17 (1) by striking ‘‘For fiscal year 1994 and each 

18 fiscal year thereafter, the’’ and inserting ‘‘The’’; 

19 (2) by striking ‘‘this title for the previous’’ and 

20 inserting ‘‘this title for any previous’’; and 

21 (3) by striking ‘‘year preceding the previous’’ 

22 and inserting ‘‘year preceding that previous’’. 

23 SEC. 421. CLIENT ASSISTANCE PROGRAM. 

24 Section 112 (29 U.S.C. 732) is amended— 
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1 (1) in subsection (a), in the first sentence, by in2 serting ‘‘including under sections 113 and 511,’’ after 

3 ‘‘all available benefits under this Act,’’; 

4 (2) in subsection (b), by striking ‘‘not later than 

5 October 1, 1984,’’; 

6 (3) in subsection (e)(1)— 

7 (A) in subparagraph (A), by striking ‘‘The 

8 Secretary shall allot’’ and inserting ‘‘After re9 serving funds under subparagraphs (E) and (F), 

10 the Secretary shall allot the remainder of’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(E)(i) The Secretary shall reserve funds appropriated 

13 under subsection (h) to make a grant to the protection and 

14 advocacy system serving the American Indian Consortium 

15 to provide services in accordance with this section. The 

16 amount of such a grant shall be the same amount as is 

17 provided to a territory under this subsection. 

18 ‘‘(ii) In this subparagraph: 

19 ‘‘(I) The term ‘American Indian Consortium’ 

20 has the meaning given the term in section 102 of the 

21 Developmental Disabilities Assistance and Bill of 

22 Rights Act of 2000 (42 U.S.C. 15002). 

23 ‘‘(II) The term ‘protection and advocacy system’ 

24 means a protection and advocacy system established 

25 under subtitle C of title I of the Developmental Dis-
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1 abilities Assistance and Bill of Rights Act of 2000 (42 

2 U.S.C. 15041 et seq.). 

3 ‘‘(F) For any fiscal year for which the amount appro4 priated under subsection (h) equals or exceeds $14,000,000, 

5 the Secretary may reserve not less than 1.8 percent and not 

6 more than 2.2 percent of such amount to provide a grant 

7 for training and technical assistance for the programs es8 tablished under this section. Such training and technical 

9 assistance shall be coordinated with activities provided 

10 under section 509(c)(1)(A).’’; and 

11 (4) by striking subsection (h) and inserting the 

12 following: 

13 ‘‘(h) There are authorized to be appropriated to carry 

14 out the provisions of this section— 

15 ‘‘(1) $12,000,000 for fiscal year 2015; 

16 ‘‘(2) $12,927,000 for fiscal year 2016; 

17 ‘‘(3) $13,195,000 for fiscal year 2017; 

18 ‘‘(4) $13,488,000 for fiscal year 2018; 

19 ‘‘(5) $13,805,000 for fiscal year 2019; and 

20 ‘‘(6) $14,098,000 for fiscal year 2020.’’. 

21 SEC. 422. PRE-EMPLOYMENT TRANSITION SERVICES. 

22 Part B of title I (29 U.S.C. 730 et seq.) is further 

23 amended by adding at the end the following: 
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1 ‘‘SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION 

2 SERVICES. 

3 ‘‘(a) IN GENERAL.—From the funds reserved under 

4 section 110(d), and any funds made available from State, 

5 local, or private funding sources, each State shall ensure 

6 that the designated State unit, in collaboration with the 

7 local educational agencies involved, shall provide, or ar8 range for the provision of, pre-employment transition serv9 ices for all students with disabilities in need of such services 

10 who are eligible or potentially eligible for services under this 

11 title. 

12 ‘‘(b) REQUIRED ACTIVITIES.—Funds available under 

13 subsection (a) shall be used to make available to students 

14 with disabilities described in subsection (a)— 

15 ‘‘(1) job exploration counseling; 

16 ‘‘(2) work-based learning experiences, which may 

17 include in-school or after school opportunities, or ex18 perience outside the traditional school setting (includ19 ing internships), that is provided in an integrated en20 vironment to the maximum extent possible; 

21 ‘‘(3) counseling on opportunities for enrollment 

22 in comprehensive transition or postsecondary edu23 cational programs at institutions of higher education; 

24 ‘‘(4) workplace readiness training to develop so25 cial skills and independent living; and 
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1 ‘‘(5) instruction in self-advocacy, which may in2 clude peer mentoring. 

3 ‘‘(c) AUTHORIZED ACTIVITIES.—Funds available 

4 under subsection (a) and remaining after the provision of 

5 the required activities described in subsection (b) may be 

6 used to improve the transition of students with disabilities 

7 described in subsection (a) from school to postsecondary 

8 education or an employment outcome by— 

9 ‘‘(1) implementing effective strategies to increase 

10 the likelihood of independent living and inclusion in 

11 communities and competitive integrated workplaces; 

12 ‘‘(2) developing and improving strategies for in13 dividuals with intellectual disabilities and individ14 uals with significant disabilities to live independ15 ently, participate in postsecondary education experi16 ences, and obtain and retain competitive integrated 

17 employment; 

18 ‘‘(3) providing instruction to vocational rehabili19 tation counselors, school transition personnel, and 

20 other persons supporting students with disabilities; 

21 ‘‘(4) disseminating information about innova22 tive, effective, and efficient approaches to achieve the 

23 goals of this section; 

24 ‘‘(5) coordinating activities with transition serv25 ices provided by local educational agencies under the 
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1 Individuals with Disabilities Education Act (20 

2 U.S.C. 1400 et seq.); 

3 ‘‘(6) applying evidence-based findings to improve 

4 policy, procedure, practice, and the preparation of 

5 personnel, in order to better achieve the goals of this 

6 section; 

7 ‘‘(7) developing model transition demonstration 

8 projects; 

9 ‘‘(8) establishing or supporting multistate or re10 gional partnerships involving States, local edu11 cational agencies, designated State units, develop12 mental disability agencies, private businesses, or other 

13 participants to achieve the goals of this section; and 

14 ‘‘(9) disseminating information and strategies to 

15 improve the transition to postsecondary activities of 

16 individuals who are members of traditionally 

17 unserved populations. 

18 ‘‘(d) PRE-EMPLOYMENT TRANSITION COORDINA19 TION.—Each local office of a designated State unit shall 

20 carry out responsibilities consisting of— 

21 ‘‘(1) attending individualized education program 

22 meetings for students with disabilities, when invited; 

23 ‘‘(2) working with the local workforce develop24 ment boards, one-stop centers, and employers to de25 velop work opportunities for students with disabil-
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1 ities, including internships, summer employment and 

2 other employment opportunities available throughout 

3 the school year, and apprenticeships; 

4 ‘‘(3) work with schools, including those carrying 

5 out activities under section 614(d)(1)(A)(i)(VIII) of 

6 the Individuals with Disabilities Education Act (20 

7 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and en8 sure the provision of pre-employment transition serv9 ices under this section; and 

10 ‘‘(4) when invited, attend person-centered plan11 ning meetings for individuals receiving services under 

12 title XIX of the Social Security Act (42 U.S.C. 1396 

13 et seq.). 

14 ‘‘(e) NATIONAL PRE-EMPLOYMENT TRANSITION CO15 ORDINATION.—The Secretary shall support designated State 

16 agencies providing services under this section, highlight best 

17 State practices, and consult with other Federal agencies to 

18 advance the goals of this section. 

19 ‘‘(f) SUPPORT.—In carrying out this section, States 

20 shall address the transition needs of all students with dis21 abilities, including such students with physical, sensory, in22 tellectual, and mental health disabilities.’’. 

23 SEC. 423. AMERICAN INDIAN VOCATIONAL REHABILITATION 

24 SERVICES. 

25 Section 121 (29 U.S.C. 741) is amended— 
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1 (1) in subsection (a), in the first sentence, by in2 serting before the period the following: ‘‘(referred to in 

3 this section as ‘eligible individuals’), consistent with 

4 such eligible individuals’ strengths, resources, prior5 ities, concerns, abilities, capabilities, interests, and 

6 informed choice, so that such individuals may pre7 pare for, and engage in, high-quality employment 

8 that will increase opportunities for economic self-suf9 ficiency’’; 

10 (2) in subsection (b)(1)— 

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

12 at the end; 

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

14 period and inserting ‘‘; and’’; and 

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

16 ‘‘(D) contains assurances that— 

17 ‘‘(i) all decisions affecting eligibility 

18 for vocational rehabilitation services, the 

19 nature and scope of available vocational re20 habilitation services and the provision of 

21 such services will, consistent with this title, 

22 be made by a representative of the tribal vo23 cational rehabilitation program funded 

24 through the grant; and 
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1 ‘‘(ii) such decisions will not be dele2 gated to another agency or individual.’’; 

3 (3) by redesignating subsection (c) as subsection 

4 (d); and 

5 (4) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c)(1) From the funds appropriated and made avail8 able to carry out this part for any fiscal year, beginning 

9 with fiscal year 2015, the Commissioner shall first reserve 

10 not less than 1.8 percent and not more than 2 percent of 

11 the funds to provide training and technical assistance to 

12 governing bodies described in subsection (a) for such fiscal 

13 year. 

14 ‘‘(2) From the funds reserved under paragraph (1), the 

15 Commissioner shall make grants to, or enter into contracts 

16 or other cooperative agreements with, entities that have ex17 perience in the operation of vocational rehabilitation serv18 ices programs under this section to provide such training 

19 and technical assistance with respect to developing, con20 ducting, administering, and evaluating such programs. 

21 ‘‘(3) The Commissioner shall conduct a survey of the 

22 governing bodies regarding training and technical assist23 ance needs in order to determine funding priorities for such 

24 grants, contracts, or cooperative agreements. 
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1 ‘‘(4) To be eligible to receive a grant or enter into a 

2 contract or cooperative agreement under this section, such 

3 an entity shall submit an application to the Commissioner 

4 at such time, in such manner, and containing a proposal 

5 to provide such training and technical assistance, and con6 taining such additional information as the Commissioner 

7 may require. The Commissioner shall provide for peer re8 view of applications by panels that include persons who are 

9 not government employees and who have experience in the 

10 operation of vocational rehabilitation services programs 

11 under this section.’’. 

12 SEC. 424. VOCATIONAL REHABILITATION SERVICES CLIENT 

13 INFORMATION. 

14 Section 131(a)(2) (29 U.S.C. 751(a)(2)) is amended 

15 by striking ‘‘title I of the Workforce Investment Act of 1998’’ 

16 and inserting ‘‘title I of the Workforce Innovation and Op17 portunity Act’’. 

18 Subtitle C—Research and Training 

19 SEC. 431. PURPOSE. 

20 Section 200 (29 U.S.C. 760) is amended— 

21 (1) in paragraph (1), by inserting ‘‘technical as22 sistance,’’ after ‘‘training,’’; 

23 (2) in paragraph (2), by inserting ‘‘technical as24 sistance,’’ after ‘‘training,’’; 
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1 (3) in paragraph (3), in the matter preceding 

2 subparagraph (A)— 

3 (A) by inserting ‘‘and use’’ after ‘‘transfer’’; 

4 and 

5 (B) by inserting ‘‘, in a timely and efficient 

6 manner,’’ after ‘‘disabilities’’; and 

7 (4) in paragraph (4), by striking ‘‘distribution’’ 

8 and inserting ‘‘dissemination’’; 

9 (5) in paragraph (5)— 

10 (A) by inserting ‘‘, including individuals 

11 with intellectual and psychiatric disabilities,’’ 

12 after ‘‘disabilities’’; and 

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

14 (6) by redesignating paragraph (6) as para15 graph (7); 

16 (7) by inserting after paragraph (5) the fol17 lowing: 

18 ‘‘(6) identify strategies for effective coordination 

19 of services to job seekers with disabilities available 

20 through programs of one-stop partners, as defined in 

21 section 3 of the Workforce Innovation and Oppor22 tunity Act;’’; 

23 (8) in paragraph (7), as redesignated by para24 graph (6), by striking the period and inserting ‘‘; 

25 and’’; and 
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1 (9) by adding at the end the following: 

2 ‘‘(8) identify effective strategies for supporting 

3 the employment of individuals with disabilities in 

4 competitive integrated employment.’’. 

5 SEC. 432. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 201 (29 U.S.C. 761) is amended to read as 

7 follows: 

8 ‘‘SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘There are authorized to be appropriated to carry out 

10 this title $103,970,000 for fiscal year 2015, $112,001,000 

11 for fiscal year 2016, $114,325,000 for fiscal year 2017, 

12 $116,860,000 for fiscal year 2018, $119,608,000 for fiscal 

13 year 2019, and $122,143,000 for fiscal year 2020.’’. 

14 SEC. 433. NATIONAL INSTITUTE ON DISABILITY, INDE15 PENDENT LIVING, AND REHABILITATION RE16 SEARCH. 

17 Section 202 (29 U.S.C. 762) is amended— 

18 (1) in the section heading, by inserting ‘‘, INDE19 PENDENT LIVING,’’ after ‘‘DISABILITY’’; 

20 (2) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘Department of Edu24 cation’’ and all that follows through 

25 ‘‘which’’ and inserting ‘‘Administration for 
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1 Community Living of the Department of 

2 Health and Human Services a National In3 stitute on Disability, Independent Living, 

4 and Rehabilitation Research (referred to in 

5 this title as the ‘Institute’), which’’; and 

6 (ii) in subparagraph (A)— 

7 (I) in clause (ii), by striking ‘‘and 

8 training; and’’ and inserting ‘‘, train9 ing, and technical assistance;’’; 

10 (II) by redesignating clause (iii) 

11 as clause (iv); and 

12 (III) by inserting after clause (ii) 

13 the following: 

14 ‘‘(iii) outreach and information that clari15 fies research implications for policy and prac16 tice; and’’; and 

17 (B) in paragraph (2), by striking ‘‘directly’’ 

18 and all that follows through the period and in19 serting ‘‘directly responsible to the Administrator 

20 for the Administration for Community Living of 

21 the Department of Health and Human Serv22 ices.’’; 

23 (3) in subsection (b)— 

24 (A) in paragraph (2), by striking subpara25 graph (B) and inserting the following: 
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1 ‘‘(B) private organizations engaged in re2 search relating to— 

3 ‘‘(i) independent living; 

4 ‘‘(ii) rehabilitation; or 

5 ‘‘(iii) providing rehabilitation or inde6 pendent living services;’’; 

7 (B) in paragraph (3), by striking ‘‘in reha8 bilitation’’ and inserting ‘‘on disability, inde9 pendent living, and rehabilitation’’; 

10 (C) in paragraph (4)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘education, health 

13 and wellness,’’ after ‘‘independent living,’’; 

14 and 

15 (ii) by striking subparagraphs (A) 

16 through (D) and inserting the following: 

17 ‘‘(A) public and private entities, includ18 ing— 

19 ‘‘(i) elementary schools and secondary 

20 schools (as defined in section 9101 of the El21 ementary and Secondary Education Act of 

22 1965 (20 U.S.C. 7801)); and 

23 ‘‘(ii) institutions of higher education; 

24 ‘‘(B) rehabilitation practitioners; 
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1 ‘‘(C) employers and organizations rep2 resenting employers with respect to employment3 based educational materials or research; 

4 ‘‘(D) individuals with disabilities (espe5 cially such individuals who are members of mi6 nority groups or of populations that are 

7 unserved or underserved by programs under this 

8 Act); 

9 ‘‘(E) the individuals’ representatives for the 

10 individuals described in subparagraph (D); and 

11 ‘‘(F) the Committee on Education and the 

12 Workforce of the House of Representatives, the 

13 Committee on Appropriations of the House of 

14 Representatives, the Committee on Health, Edu15 cation, Labor, and Pensions of the Senate, and 

16 the Committee on Appropriations of the Sen17 ate;’’; 

18 (D) in paragraph (6)— 

19 (i) by striking ‘‘advances in rehabilita20 tion’’ and inserting ‘‘advances in disability, 

21 independent living, and rehabilitation’’; 

22 and 

23 (ii) by inserting ‘‘education, health 

24 and wellness,’’ after ‘‘employment, inde25 pendent living,’’; 
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1 (E) by striking paragraph (7); 

2 (F) by redesignating paragraphs (8) 

3 through (11) as paragraphs (7) through (10), re4 spectively; 

5 (G) in paragraph (7), as redesignated by 

6 subparagraph (F)— 

7 (i) by striking ‘‘health, income,’’ and 

8 inserting ‘‘health and wellness, income, edu9 cation,’’; and 

10 (ii) by striking ‘‘and evaluation of vo11 cational and other’’ and inserting ‘‘and 

12 evaluation of independent living, voca13 tional, and’’; 

14 (H) in paragraph (8), as redesignated by 

15 subparagraph (F), by striking ‘‘with vocational 

16 rehabilitation services for the purpose of identi17 fying effective rehabilitation programs and poli18 cies that promote the independence of individuals 

19 with disabilities and achievement of long-term 

20 vocational goals’’ and inserting ‘‘with inde21 pendent living and vocational rehabilitation 

22 services for the purpose of identifying effective 

23 independent living and rehabilitation programs 

24 and policies that promote the independence of in25 dividuals with disabilities and achievement of 
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1 long-term independent living and employment 

2 goals’’; and 

3 (I) in paragraph (9), as redesignated by 

4 subparagraph (F), by striking ‘‘and telecom5 muting; and’’ and inserting ‘‘, supported em6 ployment (including customized employment), 

7 and telecommuting; and’’; 

8 (4) in subsection (d)(1), by striking the second 

9 sentence and inserting the following: ‘‘The Director 

10 shall be an individual with substantial knowledge of 

11 and experience in independent living, rehabilitation, 

12 and research administration.’’; 

13 (5) in subsection (f)(1), by striking the second 

14 sentence and inserting the following: ‘‘The scientific 

15 peer review shall be conducted by individuals who are 

16 not Department of Health and Human Services em17 ployees. The Secretary shall consider for peer review 

18 individuals who are scientists or other experts in dis19 ability, independent living, and rehabilitation, in20 cluding individuals with disabilities and the individ21 uals’ representatives, and who have sufficient exper22 tise to review the projects.’’; 

23 (6) in subsection (h)— 

24 (A) in paragraph (1)(A)— 
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1 (i) by striking ‘‘priorities for rehabili2 tation research,’’ and inserting ‘‘priorities 

3 for disability, independent living, and reha4 bilitation research,’’; and 

5 (ii) by inserting ‘‘dissemination,’’ after 

6 ‘‘training,’’; and 

7 (B) in paragraph (2)— 

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

9 ‘‘especially in the area of employment’’ and 

10 inserting ‘‘especially in the areas of employ11 ment and independent living’’; 

12 (ii) in subparagraph (D)— 

13 (I) by striking ‘‘developed by the 

14 Director’’ and inserting ‘‘coordinated 

15 with the strategic plan required under 

16 section 203(c)’’; 

17 (II) in clause (i), by striking ‘‘Re18 habilitation’’ and inserting ‘‘Dis19 ability, Independent Living, and Reha20 bilitation’’; 

21 (III) in clause (ii), by striking 

22 ‘‘Commissioner’’ and inserting ‘‘Ad23 ministrator’’; and 

24 (IV) in clause (iv), by striking 

25 ‘‘researchers in the rehabilitation field’’ 
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1 and inserting ‘‘researchers in the inde2 pendent living and rehabilitation 

3 fields’’; 

4 (iii) by redesignating subparagraphs 

5 (E) and (F) as subparagraphs (F) and (G), 

6 respectively; 

7 (iv) by inserting after subparagraph 

8 (D) the following: 

9 ‘‘(E) be developed by the Director;’’; 

10 (v) in subparagraph (F), as redesig11 nated by clause (iii), by inserting ‘‘and in12 formation that clarifies implications of the 

13 results for practice,’’ after ‘‘covered activi14 ties,’’; and 

15 (vi) in subparagraph (G), as redesig16 nated by clause (iii), by inserting ‘‘and in17 formation that clarifies implications of the 

18 results for practice’’ after ‘‘covered activi19 ties’’; 

20 (7) in subsection (j), by striking paragraph (3); 

21 and 

22 (8) by striking subsection (k) and inserting the 

23 following: 

24 ‘‘(k) The Director shall make grants to institutions of 

25 higher education for the training of independent living and 
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1 rehabilitation researchers, including individuals with dis2 abilities and traditionally underserved populations of indi3 viduals with disabilities, as described in section 21, with 

4 particular attention to research areas that— 

5 ‘‘(1) support the implementation and objectives 

6 of this Act; and 

7 ‘‘(2) improve the effectiveness of services author8 ized under this Act. 

9 ‘‘(l)(1) Not later than December 31 of each year, the 

10 Director shall prepare, and submit to the Secretary, the 

11 Committee on Health, Education, Labor, and Pensions of 

12 the Senate, and the Committee on Education and the Work13 force of the House of Representatives, a report on the activi14 ties funded under this title. 

15 ‘‘(2) The report under paragraph (1) shall include— 

16 ‘‘(A) a compilation and summary of the infor17 mation provided by recipients of funding for such ac18 tivities under this title; 

19 ‘‘(B) a summary describing the funding received 

20 under this title and the progress of the recipients of 

21 the funding in achieving the measurable goals de22 scribed in section 204(d)(2); and 

23 ‘‘(C) a summary of implications of research out24 comes on practice. 
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1 ‘‘(m)(1) If the Director determines that an entity that 

2 receives funding under this title fails to comply with the 

3 applicable requirements of this Act, or to make progress to4 ward achieving the measurable goals described in section 

5 204(d)(2), with respect to the covered activities involved, the 

6 Director shall utilize available monitoring and enforcement 

7 measures. 

8 ‘‘(2) As part of the annual report required under sub9 section (l), the Secretary shall describe each action taken 

10 by the Secretary under paragraph (1) and the outcomes of 

11 such action.’’. 

12 SEC. 434. INTERAGENCY COMMITTEE. 

13 Section 203 (29 U.S.C. 763) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘conducting rehabilita17 tion research’’ and inserting ‘‘conducting 

18 disability, independent living, and rehabili19 tation research’’; 

20 (ii) by striking ‘‘chaired by the Direc21 tor’’ and inserting ‘‘chaired by the Sec22 retary, or the Secretary’s designee,’’; 

23 (iii) by inserting ‘‘the Assistant Sec24 retary of Labor for Disability Employment 

25 Policy, the Secretary of Defense, the Admin-
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1 istrator of the Administration for Commu2 nity Living,’’ after ‘‘Assistant Secretary for 

3 Special Education and Rehabilitative Serv4 ices,’’; and 

5 (iv) by striking ‘‘and the Director of 

6 the National Science Foundation.’’ and in7 serting ‘‘the Director of the National 

8 Science Foundation and the Administrator 

9 of the Small Business Administration.’’; 

10 and 

11 (B) in paragraph (2), by inserting ‘‘, and 

12 for not less than 1 of such meetings at least every 

13 2 years, the Committee shall invite policymakers, 

14 representatives from other Federal agencies con15 ducting relevant research, individuals with dis16 abilities, organizations representing individuals 

17 with disabilities, researchers, and providers, to 

18 offer input on the Committee’s work, including 

19 the development and implementation of the stra20 tegic plan required under subsection (c)’’ after 

21 ‘‘each year’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)— 
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1 (i) by striking ‘‘from targeted individ2 uals’’ and inserting ‘‘individuals with dis3 abilities’’; and 

4 (ii) by inserting ‘‘independent living 

5 and’’ before ‘‘rehabilitation’’; and 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A), by inserting 

8 ‘‘independent living research,’’ after ‘‘assist9 ive technology research,’’; 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘, independent living research,’’ after ‘‘tech12 nology research’’; 

13 (iii) in subparagraph (D), by striking 

14 ‘‘and research that incorporates the prin15 ciples of universal design’’ and inserting ‘‘, 

16 independent living research, and research 

17 that incorporates the principles of universal 

18 design’’; and 

19 (iv) in subparagraph (E), by striking 

20 ‘‘and research that incorporates the prin21 ciples of universal design.’’ and inserting ‘‘, 

22 independent living research, and research 

23 that incorporates the principles of universal 

24 design.’’; 

25 (3) by striking subsection (d); 
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1 (4) by redesignating subsection (c) as subsection 

2 (d); 

3 (5) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c)(1) The Committee shall develop a comprehensive 

6 government wide strategic plan for disability, independent 

7 living, and rehabilitation research. 

8 ‘‘(2) The strategic plan shall include, at a minimum— 

9 ‘‘(A) a description of the— 

10 ‘‘(i) measurable goals and objectives; 

11 ‘‘(ii) existing resources each agency will de12 vote to carrying out the plan; 

13 ‘‘(iii) timetables for completing the projects 

14 outlined in the plan; and 

15 ‘‘(iv) assignment of responsible individuals 

16 and agencies for carrying out the research activi17 ties; 

18 ‘‘(B) research priorities and recommendations; 

19 ‘‘(C) a description of how funds from each agen20 cy will be combined, as appropriate, for projects ad21 ministered among Federal agencies, and how such 

22 funds will be administered; 

23 ‘‘(D) the development and ongoing maintenance 

24 of a searchable government wide inventory of dis25 ability, independent living, and rehabilitation re-
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1 search for trend and data analysis across Federal 

2 agencies; 

3 ‘‘(E) guiding principles, policies, and proce4 dures, consistent with the best research practices 

5 available, for conducting and administering dis6 ability, independent living, and rehabilitation re7 search across Federal agencies; and 

8 ‘‘(F) a summary of underemphasized and dupli9 cative areas of research. 

10 ‘‘(3) The strategic plan described in this subsection 

11 shall be submitted to the President and the Committee on 

12 Health, Education, Labor, and Pensions of the Senate and 

13 the Committee on Education and the Workforce of the 

14 House of Representatives.’’; 

15 (6) in subsection (d), as redesignated by para16 graph (4)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘Committee on Labor and Human 

19 Resources of the Senate’’ and inserting ‘‘Com20 mittee on Health, Education, Labor, and Pen21 sions of the Senate’’; and 

22 (B) by striking paragraph (1) and inserting 

23 the following: 
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1 ‘‘(1) describes the progress of the Committee in 

2 fulfilling the duties described in subsections (b) and 

3 (c), and including specifically for subsection (c)— 

4 ‘‘(A) a report of the progress made in im5 plementing the strategic plan, including progress 

6 toward implementing the elements described in 

7 subsection (c)(2)(A); and 

8 ‘‘(B) detailed budget information.’’; and 

9 (7) in subsection (e), by striking paragraph (2) 

10 and inserting the following: 

11 ‘‘(2) the term ‘independent living’, used in con12 nection with research, means research on issues and 

13 topics related to attaining maximum self-sufficiency 

14 and function by individuals with disabilities, includ15 ing research on assistive technology and universal de16 sign, employment, education, health and wellness, and 

17 community integration and participation.’’. 

18 SEC. 435. RESEARCH AND OTHER COVERED ACTIVITIES. 

19 Section 204 (29 U.S.C. 764) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘pay’’ and inserting 

23 ‘‘fund’’; 

24 (ii) by inserting ‘‘have practical appli25 cations and’’ before ‘‘maximize’’; and 
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1 (iii) by striking ‘‘employment, inde2 pendent living,’’ and inserting ‘‘employ3 ment, education, independent living, health 

4 and wellness,’’; 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (A), by inserting 

7 ‘‘and from which the research findings, con8 clusions, or recommendations can be trans9 ferred to practice’’ after ‘‘State agencies’’; 

10 (ii) in subparagraph (B)— 

11 (I) by striking clause (ii) and in12 serting the following: 

13 ‘‘(ii) studies and analyses of factors related to 

14 industrial, vocational, educational, employment, so15 cial, recreational, psychiatric, psychological, eco16 nomic, and health and wellness variables affecting in17 dividuals with disabilities, including traditionally 

18 underserved populations as described in section 21, 

19 and how those variables affect such individuals’ abil20 ity to live independently and their participation in 

21 the work force;’’; 

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

23 ‘‘are homebound’’ and all that follows 

24 and inserting ‘‘have significant chal25 lenges engaging in community life out-
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1 side their homes and individuals who 

2 are in institutional settings;’’; 

3 (III) in clause (iv), by inserting 

4 ‘‘, including the principles of universal 

5 design and the interoperability of 

6 products and services’’ after ‘‘disabil7 ities’’; 

8 (IV) in clause (v), by inserting ‘‘, 

9 and to promoting employment oppor10 tunities in competitive integrated em11 ployment’’ after ‘‘employment’’; 

12 (V) in clause (vi), by striking 

13 ‘‘and’’ after the semicolon; 

14 (VI) in clause (vii), by striking 

15 ‘‘and assistive technology.’’ and insert16 ing ‘‘, assistive technology, and com17 munications technology; and’’; and 

18 (VII) by adding at the end the fol19 lowing: 

20 ‘‘(viii) studies, analyses, and other activities af21 fecting employment outcomes as defined in section 

22 7(11), including self-employment and telecommuting, 

23 of individuals with disabilities.’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(3) In carrying out this section, the Director shall 

2 emphasize covered activities that include plans for— 

3 ‘‘(A) dissemination of high-quality materials, of 

4 scientifically valid research results, or of findings, 

5 conclusions, and recommendations resulting from cov6 ered activities, including through electronic means 

7 (such as the website of the Department of Health and 

8 Human Services), so that such information is avail9 able in a timely manner to the general public; or 

10 ‘‘(B) the commercialization of marketable prod11 ucts, research results, or findings, resulting from the 

12 covered activities.’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1), by striking ‘‘(18)’’ 

15 both places the term appears and inserting 

16 ‘‘(17)’’; 

17 (B) in paragraph (2)— 

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

19 clauses (i) and (ii) and inserting the fol20 lowing: 

21 ‘‘(i) be operated in collaboration with institu22 tions of higher education, providers of rehabilitation 

23 services, developers or providers of assistive technology 

24 devices, assistive technology services, or information 
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1 technology devices or services, as appropriate, or pro2 viders of other appropriate services; and 

3 ‘‘(ii) serve as centers of national excellence and 

4 national or regional resources for individuals with 

5 disabilities, as well as providers, educators, and re6 searchers.’’; 

7 (ii) in subparagraph (B)— 

8 (I) in clause (i)— 

9 (aa) by adding ‘‘independent 

10 living and’’ after ‘‘research in’’; 

11 (bb) by adding ‘‘independent 

12 living and’’ after ‘‘will improve’’; 

13 and 

14 (cc) by striking ‘‘alleviate or 

15 stabilize’’ and all that follows and 

16 inserting ‘‘maximize health and 

17 function (including alleviating or 

18 stabilizing conditions, or pre19 venting secondary conditions), 

20 and promote maximum social and 

21 economic independence of individ22 uals with disabilities, including 

23 promoting the ability of the indi24 viduals to prepare for, secure, re-
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1 tain, regain, or advance in em2 ployment;’’; 

3 (II) by redesignating clauses (ii), 

4 (iii), and (iv), as clauses (iii), (iv), 

5 and (v), respectively; 

6 (III) by inserting after clause (i) 

7 the following: 

8 ‘‘(ii) conducting research in, and dissemination 

9 of, employer-based practices to facilitate the identi10 fication, recruitment, accommodation, advancement, 

11 and retention of qualified individuals with disabil12 ities;’’; 

13 (IV) in clause (iii), as redesig14 nated by subclause (II), by inserting 

15 ‘‘independent living and’’ before ‘‘reha16 bilitation services’’; 

17 (V) in clause (iv), as redesignated 

18 by subclause (II)— 

19 (aa) by inserting ‘‘inde20 pendent living and’’ before ‘‘reha21 bilitation’’ each place the term 

22 appears; and 

23 (bb) by striking ‘‘and’’ after 

24 the semicolon; and 
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1 (VI) by striking clause (v), as re2 designated by subclause (II), and in3 serting the following: 

4 ‘‘(v) serving as an informational and technical 

5 assistance resource to individuals with disabilities, as 

6 well as to providers, educators, and researchers, by 

7 providing outreach and information that clarifies re8 search implications for practice and identifies poten9 tial new areas of research; and 

10 ‘‘(vi) developing practical applications for the 

11 research findings of the Centers.’’; 

12 (iii) in subparagraph (C)— 

13 (I) in clause (i), by inserting ‘‘, 

14 including research on assistive tech15 nology devices, assistive technology 

16 services, and accessible electronic and 

17 information technology devices’’ after 

18 ‘‘research’’; 

19 (II) in clause (ii)— 

20 (aa) by striking ‘‘and social’’ 

21 and inserting ‘‘, social, and eco22 nomic’’; and 

23 (bb) by inserting ‘‘inde24 pendent living and’’ before ‘‘reha25 bilitation’’; and 
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1 (III) by striking clauses (iii) and 

2 (iv); 

3 (IV) by redesignating clauses (v) 

4 and (vi) as clauses (iii) and (iv), re5 spectively; 

6 (V) in clause (iii), as redesignated 

7 by subclause (IV), by striking ‘‘to de8 velop’’ and all that follows and insert9 ing ‘‘that promotes the emotional, so10 cial, educational, and functional 

11 growth of children who are individuals 

12 with disabilities, as well as their inte13 gration in school, employment, and 

14 community activities;’’; 

15 (VI) in clause (iv), as redesig16 nated by subclause (IV), by striking 

17 ‘‘that will improve’’ and all that fol18 lows and inserting ‘‘to develop and 

19 evaluate interventions, policies, and 

20 services that support families of those 

21 children and adults who are individ22 uals with disabilities;’’; and 

23 (VII) by adding at the end the fol24 lowing: 
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1 ‘‘(v) continuation of research that will improve 

2 services and policies that foster the independence and 

3 social integration of individuals with disabilities, and 

4 enable individuals with disabilities, including indi5 viduals with intellectual disabilities and other devel6 opmental disabilities, to live in their communities; 

7 and 

8 ‘‘(vi) research, dissemination, and technical as9 sistance, on best practices in vocational rehabilita10 tion, including supported employment and other 

11 strategies to promote competitive integrated employ12 ment for persons with the most significant disabil13 ities.’’; 

14 (iv) by striking subparagraph (D) and 

15 inserting the following: 

16 ‘‘(D) Training of students preparing to be independent 

17 living or rehabilitation personnel or to provide independent 

18 living, rehabilitative, assistive, or supportive services (such 

19 as rehabilitation counseling, personal care services, direct 

20 care, job coaching, aides in school based settings, or advice 

21 or assistance in utilizing assistive technology devices, assist22 ive technology services, and accessible electronic and infor23 mation technology devices and services) shall be an impor24 tant priority for each such Center.’’; 
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1 (v) in subparagraph (E), by striking 

2 ‘‘comprehensive’’; 

3 (vi) in subparagraph (G)(i), by insert4 ing ‘‘independent living and’’ before ‘‘reha5 bilitation-related’’; 

6 (vii) by striking subparagraph (I); and 

7 (viii) by redesignating subparagraphs 

8 (J) through (O) as subparagraphs (I) 

9 through (N), respectively; 

10 (C) in paragraph (3)— 

11 (i) in subparagraph (A), by inserting 

12 ‘‘independent living strategies and’’ before 

13 ‘‘rehabilitation technology’’; 

14 (ii) in subparagraph (B)— 

15 (I) in clause (i)(I), by inserting 

16 ‘‘independent living and’’ before ‘‘reha17 bilitation problems’’; 

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

19 ‘‘employment’’ and inserting ‘‘edu20 cational, employment,’’; and 

21 (III) in clause (iii)(II), by strik22 ing ‘‘employment’’ and inserting ‘‘edu23 cational, employment,’’; 

24 (iii) in subparagraph (D)(i)(II), by 

25 striking ‘‘postschool’’ and inserting ‘‘postsec-
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1 ondary education, competitive integrated 

2 employment, and other age-appropriate’’; 

3 and 

4 (iv) in subparagraph (G)(ii), by in5 serting ‘‘the impact of any commercialized 

6 product researched or developed through the 

7 Center,’’ after ‘‘individuals with disabil8 ities,’’; 

9 (D) in paragraph (4)(B)— 

10 (i) in clause (i)— 

11 (I) by striking ‘‘vocational’’ and 

12 inserting ‘‘independent living, employ13 ment,’’; 

14 (II) by striking ‘‘special’’ and in15 serting ‘‘unique’’; and 

16 (III) by inserting ‘‘social and 

17 functional needs, and’’ before ‘‘acute 

18 care’’; and 

19 (ii) in clause (iv), by inserting ‘‘edu20 cation, health and wellness,’’ after ‘‘employ21 ment,’’; 

22 (E) by striking paragraph (8) and inserting 

23 the following: 

24 ‘‘(8) Grants may be used to conduct a program of joint 

25 projects with other administrations and offices of the De-
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1 partment of Health and Human Services, the National 

2 Science Foundation, the Department of Veterans Affairs, 

3 the Department of Defense, the Federal Communications 

4 Commission, the National Aeronautics and Space Adminis5 tration, the Small Business Administration, the Depart6 ment of Labor, other Federal agencies, and private industry 

7 in areas of joint interest involving rehabilitation.’’; 

8 (F) by striking paragraphs (9) and (11); 

9 (G) by redesignating paragraphs (10), (12), 

10 (13), (14), (15), (16), (17), and (18), as para11 graphs (9), (10), (11), (12), (13), (14), (15), and 

12 (16), respectively; 

13 (H) in paragraph (11), as redesignated by 

14 subparagraph (G)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘employment needs 

17 of individuals with disabilities, including’’ 

18 and inserting ‘‘employment needs, opportu19 nities, and outcomes (including those relat20 ing to self-employment, supported employ21 ment, and telecommuting) of individuals 

22 with disabilities, including’’; 

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

24 ‘‘and employment related’’ after ‘‘the em25 ployment’’; 
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1 (iii) in subparagraph (E), by striking 

2 ‘‘and’’ after the semicolon; 

3 (iv) in subparagraph (F), by striking 

4 the period at the end and inserting a semi5 colon; and 

6 (v) by adding at the end the following: 

7 ‘‘(G) develop models to facilitate the successful 

8 transition of individuals with disabilities from non9 integrated employment and employment that is com10 pensated at a wage less than the Federal minimum 

11 wage to competitive integrated employment; 

12 ‘‘(H) develop models to maximize opportunities 

13 for integrated community living, including employ14 ment and independent living, for individuals with 

15 disabilities; 

16 ‘‘(I) provide training and continuing education 

17 for personnel involved with community living for in18 dividuals with disabilities; 

19 ‘‘(J) develop model procedures for testing and 

20 evaluating the community living related needs of in21 dividuals with disabilities; 

22 ‘‘(K) develop model training programs to teach 

23 individuals with disabilities skills which will lead to 

24 integrated community living and full participation 

25 in the community; and 
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1 ‘‘(L) develop new approaches for long-term serv2 ices and supports for individuals with disabilities, in3 cluding supports necessary for competitive integrated 

4 employment.’’; 

5 (I) in paragraph (12), as redesignated by 

6 subparagraph (G)— 

7 (i) in the matter preceding subpara8 graph (A), by inserting ‘‘an independent 

9 living or’’ after ‘‘conduct’’; 

10 (ii) in subparagraph (D), by inserting 

11 ‘‘independent living or’’ before ‘‘rehabilita12 tion’’; and 

13 (iii) in the matter following subpara14 graph (E), by striking ‘‘National Institute 

15 on Disability and Rehabilitation Research’’ 

16 and inserting ‘‘National Institute on Dis17 ability, Independent Living, and Rehabili18 tation Research’’; 

19 (J) in paragraph (13), as redesignated by 

20 subparagraph (G), by inserting ‘‘independent 

21 living and’’ before ‘‘rehabilitation needs’’; and 

22 (K) in paragraph (14), as redesignated by 

23 subparagraph (G), by striking ‘‘and access to 

24 gainful employment.’’ and inserting ‘‘, full par25 ticipation, and economic self-sufficiency.’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(d)(1) In awarding grants, contracts, or cooperative 

3 agreements under this title, the Director shall award the 

4 funding on a competitive basis. 

5 ‘‘(2)(A) To be eligible to receive funds under this sec6 tion for a covered activity, an entity described in subsection 

7 (a)(1) shall submit an application to the Director at such 

8 time, in such manner, and containing such information as 

9 the Director may require. 

10 ‘‘(B) The application shall include information de11 scribing— 

12 ‘‘(i) measurable goals, as established through sec13 tion 1115 of title 31, United States Code, and a 

14 timeline and specific plan for meeting the goals, that 

15 the applicant has established; 

16 ‘‘(ii) how the project will address 1 or more of 

17 the following: commercialization of a marketable 

18 product, technology transfer (if applicable), dissemi19 nation of any research results, and other priorities as 

20 established by the Director; and 

21 ‘‘(iii) how the applicant will quantifiably meas22 ure the goals to determine whether such goals have 

23 been accomplished. 

24 ‘‘(3)(A) In the case of an application for funding 

25 under this section to carry out a covered activity that re-
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1 sults in the development of a marketable product, the appli2 cation shall also include a commercialization and dissemi3 nation plan, as appropriate, containing commercialization 

4 and marketing strategies for the product involved, and 

5 strategies for disseminating information about the product. 

6 The funding received under this section shall not be used 

7 to carry out the commercialization and marketing strate8 gies. 

9 ‘‘(B) In the case of any other application for funding 

10 to carry out a covered activity under this section, the appli11 cation shall also include a dissemination plan, containing 

12 strategies for disseminating educational materials, research 

13 results, or findings, conclusions, and recommendations, re14 sulting from the covered activity.’’. 

15 SEC. 436. DISABILITY, INDEPENDENT LIVING, AND REHA16 BILITATION RESEARCH ADVISORY COUNCIL. 

17 Section 205 (29 U.S.C. 765) is amended— 

18 (1) in the section heading, by inserting ‘‘DIS19 ABILITY, INDEPENDENT LIVING, AND’’ before 

20 ‘‘REHABILITATION’’; 

21 (2) in subsection (a)— 

22 (A) by striking ‘‘Department of Education 

23 a Rehabilitation Research Advisory Council’’ 

24 and inserting ‘‘Department of Health and 

25 Human Services a Disability, Independent Liv-
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1 ing, and Rehabilitation Research Advisory 

2 Council’’; and 

3 (B) by inserting ‘‘not less than’’ after ‘‘com4 posed of’’; 

5 (3) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) QUALIFICATIONS.—Members of the Council shall 

8 be generally representative of the community of disability, 

9 independent living, and rehabilitation professionals, the 

10 community of disability, independent living, and rehabili11 tation researchers, the directors of independent living cen12 ters and community rehabilitation programs, the business 

13 community (including a representative of the small business 

14 community) that has experience with the system of voca15 tional rehabilitation services and independent living serv16 ices carried out under this Act and with hiring individuals 

17 with disabilities, the community of stakeholders involved in 

18 assistive technology, the community of covered school profes19 sionals, and the community of individuals with disabilities, 

20 and the individuals’ representatives. At least one-half of the 

21 members shall be individuals with disabilities or the indi22 viduals’ representatives.’’; and 

23 (4) in subsection (g), by striking ‘‘Department of 

24 Education’’ and inserting ‘‘Department of Health 

25 and Human Services’’. 
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1 SEC. 437. DEFINITION OF COVERED SCHOOL. 

2 Title II (29 U.S.C. 760 et seq.) is amended by adding 

3 at the end the following: 

4 ‘‘SEC. 206. DEFINITION OF COVERED SCHOOL. 

5 ‘‘In this title, the term ‘covered school’ means an ele6 mentary school or secondary school (as such terms are de7 fined in section 9101 of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 7801)) or an institution 

9 of higher education.’’. 

10 Subtitle D—Professional Develop11 ment and Special Projects and 

12 Demonstration 

13 SEC. 441. PURPOSE; TRAINING. 

14 (a) PURPOSE.—Section 301(a) (29 U.S.C. 771(a)) is 

15 amended— 

16 (1) in paragraph (2), by inserting ‘‘and’’ after 

17 the semicolon; 

18 (2) by striking paragraphs (3) and (4); 

19 (3) by redesignating paragraph (5) as para20 graph (3); and 

21 (4) in paragraph (3), as redesignated by para22 graph (3), by striking ‘‘workforce investment systems’’ 

23 and inserting ‘‘workforce development systems’’. 

24 (b) TRAINING.—Section 302 (29 U.S.C. 772) is amend25 ed— 

26 (1) in subsection (a)— 
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1 (A) in paragraph (1)— 

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

3 all after ‘‘deliver’’ and inserting ‘‘supported 

4 employment services and customized em5 ployment services to individuals with the 

6 most significant disabilities;’’; 

7 (ii) in subparagraph (F), by striking 

8 ‘‘and’’ after the semicolon; 

9 (iii) in subparagraph (G), by striking 

10 the period at the end and inserting ‘‘; and’’; 

11 and 

12 (iv) by adding at the end the following: 

13 ‘‘(H) personnel trained in providing assist14 ive technology services.’’; 

15 (B) in paragraph (4)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘title I of the Work18 force Investment Act of 1998’’ and inserting 

19 ‘‘subtitle B of title I of the Workforce Inno20 vation and Opportunity Act’’; 

21 (ii) in subparagraph (A), by striking 

22 ‘‘workforce investment system’’ and insert23 ing ‘‘workforce development system’’; and 

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

25 ‘‘section 134(c) of the Workforce Investment 
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1 Act of 1998.’’ and inserting ‘‘section 121(e) 

2 of the Workforce Innovation and Oppor3 tunity Act.’’; and 

4 (C) in paragraph (5), by striking ‘‘title I of 

5 the Workforce Investment Act of 1998’’ and in6 serting ‘‘subtitle B of title I of the Workforce In7 novation and Opportunity Act’’; 

8 (2) in subsection (b)(1)(B)(i), by striking ‘‘or 

9 prosthetics and orthotics’’ and inserting ‘‘prosthetics 

10 and orthotics, vision rehabilitation therapy, orienta11 tion and mobility instruction, or low vision therapy’’; 

12 (3) in subsection (g)— 

13 (A) in the subsection heading, by striking 

14 ‘‘AND IN-SERVICE TRAINING’’; 

15 (B) in paragraph (1), by adding after the 

16 period the following: ‘‘Any technical assistance 

17 provided to community rehabilitation programs 

18 shall be focused on the employment outcome of 

19 competitive integrated employment for individ20 uals with disabilities.’’; and 

21 (C) by striking paragraph (3); 

22 (4) in subsection (h), by striking ‘‘section 306’’ 

23 and inserting ‘‘section 304’’; and 

24 (5) in subsection (i), by striking ‘‘such sums as 

25 may be necessary for each of the fiscal years 1999 
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1 through 2003.’’ and inserting ‘‘$33,657,000 for fiscal 

2 year 2015, $36,257,000 for fiscal year 2016, 

3 $37,009,000 for fiscal year 2017, $37,830,000 for fis4 cal year 2018, $38,719,000 for fiscal year 2019, and 

5 $39,540,000 for fiscal year 2020.’’. 

6 SEC. 442. DEMONSTRATION, TRAINING, AND TECHNICAL AS7 SISTANCE PROGRAMS. 

8 Section 303 (29 U.S.C. 773) is amended— 

9 (1) in subsection (b)— 

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

11 306’’ and inserting ‘‘section 304’’; 

12 (B) in paragraph (3)(A), by striking ‘‘Na13 tional Institute on Disability and Rehabilitation 

14 Research’’ and inserting ‘‘National Institute on 

15 Disability, Independent Living, and Rehabilita16 tion Research’’; 

17 (C) in paragraph (5)— 

18 (i) in subparagraph (A)— 

19 (I) by striking clause (i) and in20 serting the following: 

21 ‘‘(i) initiatives focused on improving 

22 transition from education, including post23 secondary education, to employment, par24 ticularly in competitive integrated employ-
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1 ment, for youth who are individuals with 

2 significant disabilities;’’; and 

3 (II) by striking clause (iii) and 

4 inserting the following: 

5 ‘‘(iii) increasing competitive integrated 

6 employment for individuals with significant 

7 disabilities.’’; and 

8 (ii) in subparagraph (B)(viii), by 

9 striking ‘‘under title I of the Workforce In10 vestment Act of 1998’’ and inserting ‘‘under 

11 subtitle B of title I of the Workforce Innova12 tion and Opportunity Act’’; and 

13 (D) by striking paragraph (6); 

14 (2) in subsection (c)— 

15 (A) in paragraph (2)— 

16 (i) in subparagraph (E), by striking 

17 ‘‘and’’ after the semicolon; 

18 (ii) by redesignating subparagraph (F) 

19 as subparagraph (G); and 

20 (iii) by inserting after subparagraph 

21 (E) the following: 

22 ‘‘(F) to provide support and guidance in 

23 helping individuals with significant disabilities, 

24 including students with disabilities, transition to 

25 competitive integrated employment; and’’; 
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1 (B) in paragraph (4)— 

2 (i) in subparagraph (A)(ii)— 

3 (I) by inserting ‘‘the’’ after ‘‘close4 ly with’’; and 

5 (II) by inserting ‘‘, the commu6 nity parent resource centers established 

7 pursuant to section 672 of such Act, 

8 and the eligible entities receiving 

9 awards under section 673 of such Act’’ 

10 after ‘‘Individuals with Disabilities 

11 Education Act’’; and 

12 (ii) in subparagraph (C), by inserting 

13 ‘‘, and demonstrate the capacity for serv14 ing,’’ after ‘‘shall serve’’; and 

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

16 ‘‘(8) RESERVATION.—From the amount appro17 priated to carry out this section for a fiscal year, 20 

18 percent of such amount or $500,000, whichever is less, 

19 may be reserved to carry out paragraph (6).’’; and 

20 (3) by striking subsection (e) and inserting the 

21 following: 

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the 

23 purpose of carrying out this section there are authorized 

24 to be appropriated $5,796,000 for fiscal year 2015, 

25 $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 
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1 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal 

2 year 2019, and $6,809,000 for fiscal year 2020.’’. 

3 SEC. 443. MIGRANT AND SEASONAL FARMWORKERS; REC4 REATIONAL PROGRAMS. 

5 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

6 is amended— 

7 (1) by striking sections 304 and 305; 

8 (2) by redesignating section 306 as section 304. 

9 Subtitle E—National Council on 

10 Disability 

11 SEC. 451. ESTABLISHMENT. 

12 Section 400 (29 U.S.C. 780) is amended— 

13 (1) in subsection (a)(1)— 

14 (A) by redesignating subparagraph (C) as 

15 subparagraph (D); 

16 (B) by striking subparagraphs (A) and (B) 

17 and inserting the following: 

18 ‘‘(A) There is established within the Federal Govern19 ment a National Council on Disability (referred to in this 

20 title as the ‘National Council’), which, subject to subpara21 graph (B), shall be composed of 9 members, of which— 

22 ‘‘(i) 5 shall be appointed by the President; 

23 ‘‘(ii) 1 shall be appointed by the Majority Leader 

24 of the Senate; 
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1 ‘‘(iii) 1 shall be appointed by the Minority Lead2 er of the Senate; 

3 ‘‘(iv) 1 shall be appointed by the Speaker of the 

4 House of Representatives; and 

5 ‘‘(v) 1 shall be appointed by the Minority Leader 

6 of the House of Representatives. 

7 ‘‘(B) The National Council shall transition from 15 

8 members (as of the date of enactment of the Workforce Inno9 vation and Opportunity Act) to 9 members as follows: 

10 ‘‘(i) On the first 4 expirations of National Coun11 cil terms (after that date), replacement members shall 

12 be appointed to the National Council in the following 

13 order and manner: 

14 ‘‘(I) 1 shall be appointed by the Majority 

15 Leader of the Senate. 

16 ‘‘(II) 1 shall be appointed by the Minority 

17 Leader of the Senate. 

18 ‘‘(III) 1 shall be appointed by the Speaker 

19 of the House of Representatives. 

20 ‘‘(IV) 1 shall be appointed by the Minority 

21 Leader of the House of Representatives. 

22 ‘‘(ii) On the next 6 expirations of National 

23 Council terms (after the 4 expirations described in 

24 clause (i) occur), no replacement members shall be ap25 pointed to the National Council. 
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1 ‘‘(C) For any vacancy on the National Council that 

2 occurs after the transition described in subparagraph (B), 

3 the vacancy shall be filled in the same manner as the origi4 nal appointment was made.’’; and 

5 (C) in subparagraph (D), as redesignated 

6 by subparagraph (A) of this paragraph, in the 

7 first sentence— 

8 (i) by inserting ‘‘national leaders on 

9 disability policy,’’ after ‘‘guardians of indi10 viduals with disabilities,’’; and 

11 (ii) by striking ‘‘policy or programs’’ 

12 and inserting ‘‘policy or issues that affect 

13 individuals with disabilities’’; 

14 (2) in subsection (b), by striking ‘‘, except’’ and 

15 all that follows and inserting a period; and 

16 (3) in subsection (d), by striking ‘‘Eight’’ and 

17 inserting ‘‘Five’’. 

18 SEC. 452. REPORT. 

19 Section 401 (29 U.S.C. 781) is amended— 

20 (1) in paragraphs (1) and (3) of subsection (a), 

21 by striking ‘‘National Institute on Disability and Re22 habilitation Research’’ and inserting ‘‘National Insti23 tute on Disability, Independent Living, and Rehabili24 tation Research’’; and 

25 (2) by striking subsection (c). 
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1 SEC. 453. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 405 (29 U.S.C. 785) is amended by striking 

3 ‘‘such sums as may be necessary for each of the fiscal years 

4 1999 through 2003.’’ and inserting ‘‘$3,186,000 for fiscal 

5 year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for 

6 fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 

7 for fiscal year 2019, and $3,743,000 for fiscal year 2020.’’. 

8 Subtitle F—Rights and Advocacy 

9 SEC. 456. INTERAGENCY COMMITTEE, BOARD, AND COUN10 CIL. 

11 (a) INTERAGENCY COMMITTEE.—Section 501 (29 

12 U.S.C. 791) is amended— 

13 (1) by striking subsection (f); and 

14 (2) by redesignating subsection (g) as subsection 

15 (f). 

16 (b) ARCHITECTURAL AND TRANSPORTATION BARRIERS

17 COMPLIANCE BOARD.—Section 502(j) (29 U.S.C. 792(j)) is 

18 amended by striking ‘‘such sums as may be necessary for 

19 each of the fiscal years 1999 through 2003.’’ and inserting 

20 ‘‘$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 

21 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal 

22 year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 

23 for fiscal year 2020.’’. 

24 (c) PROGRAM OR ACTIVITY.—Section 504(b)(2)(B) (29 

25 U.S.C. 794(b)(2)(B)) is amended by striking ‘‘vocational 

26 education’’ and inserting ‘‘career and technical education’’. 
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1 (d) INTERAGENCY DISABILITY COORDINATING COUN2 CIL.—Section 507(a) (29 U.S.C. 794c(a)) is amended by 

3 inserting ‘‘the Chairperson of the National Council on Dis4 ability,’’ before ‘‘and such other’’. 

5 SEC. 457. PROTECTION AND ADVOCACY OF INDIVIDUAL 

6 RIGHTS. 

7 Section 509 (29 U.S.C. 794e) is amended— 

8 (1) in subsection (c)(1)(A), by inserting ‘‘a 

9 grant, contract, or cooperative agreement for’’ before 

10 ‘‘training’’; 

11 (2) in subsection (f)(2)— 

12 (A) by striking ‘‘general’’ and all that fol13 lows through ‘‘records’’ and inserting ‘‘general 

14 authorities, including the authority to access 

15 records’’; and 

16 (B) by inserting ‘‘of title I’’ after ‘‘subtitle 

17 C’’; and 

18 (3) in subsection (l), by striking ‘‘such sums as 

19 may be necessary for each of the fiscal years 1999 

20 through 2003.’’ and inserting ‘‘$17,650,000 for fiscal 

21 year 2015, $19,013,000 for fiscal year 2016, 

22 $19,408,000 for fiscal year 2017, $19,838,000 for fis23 cal year 2018, $20,305,000 for fiscal year 2019, and 

24 $20,735,000 for fiscal year 2020.’’. 
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1 SEC. 458. LIMITATIONS ON USE OF SUBMINIMUM WAGE. 

2 (a) IN GENERAL.—Title V (29 U.S.C. 791 et seq.) is 

3 amended by adding at the end the following: 

4 ‘‘SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE. 

5 ‘‘(a) IN GENERAL.—No entity, including a contractor 

6 or subcontractor of the entity, which holds a special wage 

7 certificate as described in section 14(c) of the Fair Labor 

8 Standards Act of 1938 (29 U.S.C. 214(c)) may compensate 

9 an individual with a disability who is age 24 or younger 

10 at a wage (referred to in this section as a ‘subminimum 

11 wage’) that is less than the Federal minimum wage unless 

12 1 of the following conditions is met: 

13 ‘‘(1) The individual is currently employed, as of 

14 the effective date of this section, by an entity that 

15 holds a valid certificate pursuant to section 14(c) of 

16 the Fair Labor Standards Act of 1938. 

17 ‘‘(2) The individual, before beginning work that 

18 is compensated at a subminimum wage, has com19 pleted, and produces documentation indicating com20 pletion of, each of the following actions: 

21 ‘‘(A) The individual has received pre-em22 ployment transition services that are available to 

23 the individual under section 113, or transition 

24 services under the Individuals with Disabilities 

25 Education Act (20 U.S.C. 1400 et seq.) such as 

26 transition services available to the individual 
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1 under section 614(d) of that Act (20 U.S.C. 

2 1414(d)). 

3 ‘‘(B) The individual has applied for voca4 tional rehabilitation services under title I, with 

5 the result that— 

6 ‘‘(i)(I) the individual has been found 

7 ineligible for such services pursuant to that 

8 title and has documentation consistent with 

9 section 102(a)(5)(C) regarding the deter10 mination of ineligibility; or 

11 ‘‘(II)(aa) the individual has been deter12 mined to be eligible for vocational rehabili13 tation services; 

14 ‘‘(bb) the individual has an individ15 ualized plan for employment under section 

16 102; 

17 ‘‘(cc) the individual has been working 

18 toward an employment outcome specified in 

19 such individualized plan for employment, 

20 with appropriate supports and services, in21 cluding supported employment services, for 

22 a reasonable period of time without success; 

23 and 

24 ‘‘(dd) the individual’s vocational reha25 bilitation case is closed; and 
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1 ‘‘(ii)(I) the individual has been pro2 vided career counseling, and information 

3 and referrals to Federal and State programs 

4 and other resources in the individual’s geo5 graphic area that offer employment-related 

6 services and supports designed to enable the 

7 individual to explore, discover, experience, 

8 and attain competitive integrated employ9 ment; and 

10 ‘‘(II) such counseling and information 

11 and referrals are not for employment com12 pensated at a subminimum wage provided 

13 by an entity described in this subsection, 

14 and such employment-related services are 

15 not compensated at a subminimum wage 

16 and do not directly result in employment 

17 compensated at a subminimum wage pro18 vided by an entity described in this sub19 section. 

20 ‘‘(b) CONSTRUCTION.— 

21 ‘‘(1) RULE.—Nothing in this section shall be 

22 construed to— 

23 ‘‘(A) change the purpose of this Act de24 scribed in section 2(b)(2), to empower individ-
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1 uals with disabilities to maximize opportunities 

2 for competitive integrated employment; or 

3 ‘‘(B) preference employment compensated at 

4 a subminimum wage as an acceptable vocational 

5 rehabilitation strategy or successful employment 

6 outcome, as defined in section 7(11). 

7 ‘‘(2) CONTRACTS.—A local educational agency 

8 (as defined in section 9101 of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 7801)) 

10 or a State educational agency (as defined in such sec11 tion) may not enter into a contract or other arrange12 ment with an entity described in subsection (a) for 

13 the purpose of operating a program for an individual 

14 who is age 24 or younger under which work is com15 pensated at a subminimum wage. 

16 ‘‘(3) VOIDABILITY.—The provisions in this sec17 tion shall be construed in a manner consistent with 

18 the provisions of the Fair Labor Standards Act of 

19 1938 (29 U.S.C. 201 et seq.), as amended before or 

20 after the effective date of this Act. 

21 ‘‘(c) DURING EMPLOYMENT.— 

22 ‘‘(1) IN GENERAL.—The entity described in sub23 section (a) may not continue to employ an indi24 vidual, regardless of age, at a subminimum wage un25 less, after the individual begins work at that wage, at 
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1 the intervals described in paragraph (2), the indi2 vidual (with, in an appropriate case, the individual’s 

3 parent or guardian)— 

4 ‘‘(A) is provided by the designated State 

5 unit career counseling, and information and re6 ferrals described in subsection (a)(2)(B)(ii), de7 livered in a manner that facilitates independent 

8 decisionmaking and informed choice, as the indi9 vidual makes decisions regarding employment 

10 and career advancement; and 

11 ‘‘(B) is informed by the employer of self-ad12 vocacy, self-determination, and peer mentoring 

13 training opportunities available in the individ14 ual’s geographic area, provided by an entity that 

15 does not have any financial interest in the indi16 vidual’s employment outcome, under applicable 

17 Federal and State programs or other sources. 

18 ‘‘(2) TIMING.—The actions required under sub19 paragraphs (A) and (B) of paragraph (1) shall be 

20 carried out once every 6 months for the first year of 

21 the individual’s employment at a subminimum wage, 

22 and annually thereafter for the duration of such em23 ployment. 

24 ‘‘(3) SMALL BUSINESS EXCEPTION.—In the event 

25 that the entity described in subsection (a) is a busi-
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1 ness with fewer than 15 employees, such entity can 

2 satisfy the requirements of subparagraphs (A) and 

3 (B) of paragraph (1) by referring the individual, at 

4 the intervals described in paragraph (2), to the des5 ignated State unit for the counseling, information, 

6 and referrals described in paragraph (1)(A) and the 

7 information described in paragraph (1)(B). 

8 ‘‘(d) DOCUMENTATION.— 

9 ‘‘(1) IN GENERAL.—The designated State unit, 

10 in consultation with the State educational agency, 

11 shall develop a new process or utilize an existing 

12 process, consistent with guidelines developed by the 

13 Secretary, to document the completion of the actions 

14 described in subparagraphs (A) and (B) of subsection 

15 (a)(2) by a youth with a disability who is an indi16 vidual with a disability. 

17 ‘‘(2) DOCUMENTATION PROCESS.—Such process 

18 shall require that— 

19 ‘‘(A) in the case of a student with a dis20 ability, for documentation of actions described in 

21 subsection (a)(2)(A)— 

22 ‘‘(i) if such a student with a disability 

23 receives and completes each category of re24 quired activities in section 113(b), such 

25 completion of services shall be documented 
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1 by the designated State unit in a manner 

2 consistent with this section; 

3 ‘‘(ii) if such a student with a disability 

4 receives and completes any transition serv5 ices available for students with disabilities 

6 under the Individuals with Disabilities 

7 Education Act, including those provided 

8 under section 614(d)(1)(A)(i)(VIII) (20 

9 U.S.C. 1414(d)(1)(A)(i)(VIII)), such com10 pletion of services shall be documented by 

11 the appropriate school official responsible 

12 for the provision of such transition services, 

13 in a manner consistent with this section; 

14 and 

15 ‘‘(iii) the designated State unit shall 

16 provide the final documentation, in a form 

17 and manner consistent with this section, of 

18 the completion of pre-employment transi19 tion services as described in clause (i), or 

20 transition services under the Individuals 

21 with Disabilities Education Act as de22 scribed in clause (ii), to the student with a 

23 disability within a reasonable period of 

24 time following the completion; and 
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1 ‘‘(B) when an individual has completed the 

2 actions described in subsection (a)(2)(B), the des3 ignated State unit shall provide the individual a 

4 document indicating such completion, in a man5 ner consistent with this section, within a reason6 able time period following the completion of the 

7 actions described in this subparagraph. 

8 ‘‘(e) VERIFICATION.— 

9 ‘‘(1) BEFORE EMPLOYMENT.—Before an indi10 vidual covered by subsection (a)(2) begins work for an 

11 entity described in subsection (a) at a subminimum 

12 wage, the entity shall review such documentation re13 ceived by the individual under subsection (d), and 

14 provided by the individual to the entity, that indi15 cates that the individual has completed the actions de16 scribed in subparagraphs (A) and (B) of subsection 

17 (a)(2) and the entity shall maintain copies of such 

18 documentation. 

19 ‘‘(2) DURING EMPLOYMENT.— 

20 ‘‘(A) IN GENERAL.—In order to continue to 

21 employ an individual at a subminimum wage, 

22 the entity described in subsection (a) shall verify 

23 completion of the requirements of subsection (c), 

24 including reviewing any relevant documents pro25 vided by the individual, and shall maintain cop-
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1 ies of the documentation described in subsection 

2 (d). 

3 ‘‘(B) REVIEW OF DOCUMENTATION.—The 

4 entity described in subsection (a) shall be subject 

5 to review of individual documentation described 

6 in subsection (d) by a representative working di7 rectly for the designated State unit or the De8 partment of Labor at such a time and in such 

9 a manner as may be necessary to fulfill the in10 tent of this section, consistent with regulations 

11 established by the designated State unit or the 

12 Secretary of Labor. 

13 ‘‘(f) FEDERAL MINIMUM WAGE.—In this section, the 

14 term ‘Federal minimum wage’ means the rate applicable 

15 under section 6(a)(1) of the Fair Labor Standards Act of 

16 1938 (29 U.S.C. 206(a)(1)).’’. 

17 (b) EFFECTIVE DATE.—This section takes effect 2 

18 years after the date of enactment of the Workforce Innova19 tion and Opportunity Act. 

20 Subtitle G—Employment Opportuni21 ties for Individuals With Dis22 abilities 

23 SEC. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS 

24 WITH DISABILITIES. 

25 Title VI (29 U.S.C. 795 et seq.) is amended— 
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1 (1) by striking part A; 

2 (2) by striking the part heading relating to part 

3 B; 

4 (3) by redesignating sections 621 through 628 as 

5 sections 602 through 609, respectively; 

6 (4) in section 602, as redesignated by paragraph 

7 (3)— 

8 (A) by striking ‘‘part’’ and inserting 

9 ‘‘title’’; and 

10 (B) by striking ‘‘individuals with the most 

11 significant disabilities’’ and all that follows and 

12 inserting ‘‘individuals with the most significant 

13 disabilities, including youth with the most sig14 nificant disabilities, to enable such individuals 

15 to achieve an employment outcome of supported 

16 employment in competitive integrated employ17 ment.’’; 

18 (5) in section 603, as redesignated by paragraph 

19 (3)— 

20 (A) in subsection (a)— 

21 (i) in paragraph (1)— 

22 (I) in the matter preceding sub23 paragraph (A), by striking ‘‘part’’ and 

24 inserting ‘‘title’’; 
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1 (II) in subparagraph (A), by in2 serting ‘‘amount’’ after ‘‘whichever’’; 

3 and 

4 (III) in subparagraph (B)— 

5 (aa) by striking ‘‘part for the 

6 fiscal year’’ and inserting ‘‘title 

7 for the fiscal year’’; 

8 (bb) by striking ‘‘this part in 

9 fiscal year 1992’’ and inserting 

10 ‘‘part B of this title (as in effect 

11 on September 30, 1992) in fiscal 

12 year 1992’’; and 

13 (cc) by inserting ‘‘amount’’ 

14 after ‘‘whichever’’; and 

15 (ii) in paragraph (2)(B), by striking 

16 ‘‘one-eighth of one percent’’ and inserting 

‘‘1 17 ⁄8 of 1 percent’’; 

18 (B) in subsection (b)— 

19 (i) by inserting ‘‘under subsection (a)’’ 

20 after ‘‘allotment to a State’’; 

21 (ii) by striking ‘‘part’’ each place the 

22 term appears and inserting ‘‘title’’; and 

23 (iii) by striking ‘‘one or more’’ and in24 serting ‘‘1 or more’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A 

2 State that receives an allotment under this title shall not 

3 use more than 2.5 percent of such allotment to pay for ad4 ministrative costs. 

5 ‘‘(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFI6 CANT DISABILITIES.—A State that receives an allotment 

7 under this title shall reserve and expend half of such allot8 ment for the provision of supported employment services, 

9 including extended services, to youth with the most signifi10 cant disabilities in order to assist those youth in achieving 

11 an employment outcome in supported employment.’’; 

12 (6) by striking section 604, as redesignated by 

13 paragraph (3), and inserting the following: 

14 ‘‘SEC. 604. AVAILABILITY OF SERVICES. 

15 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Funds 

16 provided under this title may be used to provide supported 

17 employment services to individuals who are eligible under 

18 this title. 

19 ‘‘(b) EXTENDED SERVICES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), funds provided under this title, or title I, 

22 may not be used to provide extended services to indi23 viduals under this title or title I. 

24 ‘‘(2) EXTENDED SERVICES FOR YOUTH WITH

25 THE MOST SIGNIFICANT DISABILITIES.—Funds allot-
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1 ted under this title, or title I, and used for the provi2 sion of services under this title to youth with the most 

3 significant disabilities pursuant to section 603(d), 

4 may be used to provide extended services to youth 

5 with the most significant disabilities. Such extended 

6 services shall be available for a period not to exceed 

7 4 years.’’; 

8 (7) in section 605, as redesignated by paragraph 

9 (3)— 

10 (A) in the matter preceding paragraph 

11 (1)— 

12 (i) by inserting ‘‘, including a youth 

13 with a disability,’’ after ‘‘An individual’’; 

14 and 

15 (ii) by striking ‘‘this part’’ and insert16 ing ‘‘this title’’; 

17 (B) in paragraph (1), by inserting ‘‘under 

18 title I’’ after ‘‘rehabilitation services’’; 

19 (C) in paragraph (2), by striking ‘‘and’’ 

20 after the semicolon; 

21 (D) by redesignating paragraph (3) as 

22 paragraph (4); 

23 (E) by inserting after paragraph (2) the fol24 lowing: 
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1 ‘‘(3) for purposes of activities carried out with 

2 funds described in section 603(d), the individual is a 

3 youth with a disability, as defined in section (7)(42); 

4 and’’; and 

5 (F) in paragraph (4), as redesignated by 

6 subparagraph (D), by striking ‘‘assessment of re7 habilitation needs’’ and inserting ‘‘assessment of 

8 the rehabilitation needs’’; 

9 (8) in section 606, as redesignated by paragraph 

10 (3)— 

11 (A) in subsection (a)— 

12 (i) by striking ‘‘this part’’ and insert13 ing ‘‘this title’’; and 

14 (ii) by inserting ‘‘, including youth 

15 with the most significant disabilities,’’ after 

16 ‘‘individuals’’; 

17 (B) in subsection (b)— 

18 (i) in paragraph (1), by striking ‘‘this 

19 part’’ and inserting ‘‘this title’’; 

20 (ii) in paragraph (2), by inserting ‘‘, 

21 including youth,’’ after ‘‘rehabilitation 

22 needs of individuals’’; 

23 (iii) in paragraph (3)— 

24 (I) by inserting ‘‘, including 

25 youth with the most significant dis-
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1 abilities,’’ after ‘‘provided to individ2 uals’’; and 

3 (II) by striking ‘‘section 622’’ and 

4 inserting ‘‘section 603’’; 

5 (iv) by striking paragraph (7); 

6 (v) by redesignating paragraph (6) as 

7 paragraph (7); 

8 (vi) by inserting after paragraph (5) 

9 the following: 

10 ‘‘(6) describe the activities to be conducted pur11 suant to section 603(d) for youth with the most sig12 nificant disabilities, including— 

13 ‘‘(A) the provision of extended services for a 

14 period not to exceed 4 years; and 

15 ‘‘(B) how the State will use the funds re16 served in section 603(d) to leverage other public 

17 and private funds to increase resources for ex18 tended services and expand supported employ19 ment opportunities for youth with the most sig20 nificant disabilities;’’; 

21 (vii) in paragraph (7), as redesignated 

22 by clause (v)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘under this part’’ both places the 
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1 term appears and inserting ‘‘under 

2 this title’’; 

3 (II) in subparagraph (B), by in4 serting ‘‘, including youth with the 

5 most significant disabilities,’’ after 

6 ‘‘significant disabilities’’; 

7 (III) in subparagraph (C)— 

8 (aa) in clause (i), by insert9 ing ‘‘, including, as appropriate, 

10 for youth with the most signifi11 cant disabilities, transition serv12 ices and pre-employment transi13 tion services’’ after ‘‘services to be 

14 provided’’; 

15 (bb) in clause (ii), by insert16 ing ‘‘, including the extended serv17 ices that may be provided to 

18 youth with the most significant 

19 disabilities under this title, in ac20 cordance with an approved indi21 vidualized plan for employment, 

22 for a period not to exceed 4 years’’ 

23 after ‘‘services needed’’; and 

24 (cc) in clause (iii)— 
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1 (AA) by striking ‘‘iden2 tify the source of extended 

3 services,’’ and inserting 

4 ‘‘identify, as appropriate, the 

5 source of extended services,’’; 

6 (BB) by striking ‘‘or to 

7 the extent’’ and inserting ‘‘or 

8 indicate’’; and 

9 (CC) by striking ‘‘em10 ployment is developed’’ and 

11 all that follows and inserting 

12 ‘‘employment is developed;’’ 

13 (IV) in subparagraph (D), by 

14 striking ‘‘under this part’’ and insert15 ing ‘‘under this title’’; 

16 (V) in subparagraph (F), by strik17 ing ‘‘and’’ after the semicolon; 

18 (VI) in subparagraph (G), by 

19 striking ‘‘for the maximum number of 

20 hours possible’’; and 

21 (VII) by adding at the end the fol22 lowing: 

23 ‘‘(H) the State agencies designated under 

24 paragraph (1) will expend not more than 2.5 

25 percent of the allotment of the State under this 
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1 title for administrative costs of carrying out this 

2 title; and 

3 ‘‘(I) with respect to supported employment 

4 services provided to youth with the most signifi5 cant disabilities pursuant to section 603(d), the 

6 designated State agency will provide, directly or 

7 indirectly through public or private entities, 

8 non-Federal contributions in an amount that is 

9 not less than 10 percent of the costs of carrying 

10 out such services; and’’; 

11 (9) by striking section 607, as redesignated by 

12 paragraph (3), and inserting the following: 

13 ‘‘SEC. 607. RESTRICTION. 

14 ‘‘Each State agency designated under section 606(b)(1) 

15 shall collect the information required by section 101(a)(10) 

16 separately for— 

17 ‘‘(1) eligible individuals receiving supported em18 ployment services under this title; 

19 ‘‘(2) eligible individuals receiving supported em20 ployment services under title I; 

21 ‘‘(3) eligible youth receiving supported employ22 ment services under this title; and 

23 ‘‘(4) eligible youth receiving supported employ24 ment services under title I.’’; 
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1 (10) in section 608(b), as redesignated by para2 graph (3), by striking ‘‘this part’’ both places the 

3 terms appears and inserting ‘‘this title’’; and 

4 (11) by striking section 609, as redesignated by 

5 paragraph (3), and inserting the following: 

6 ‘‘SEC. 609. ADVISORY COMMITTEE ON INCREASING COM7 PETITIVE INTEGRATED EMPLOYMENT FOR IN8 DIVIDUALS WITH DISABILITIES. 

9 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

10 the date of enactment of the Workforce Innovation and Op11 portunity Act, the Secretary of Labor shall establish an Ad12 visory Committee on Increasing Competitive Integrated 

13 Employment for Individuals with Disabilities (referred to 

14 in this section as the ‘Committee’). 

15 ‘‘(b) APPOINTMENT AND VACANCIES.— 

16 ‘‘(1) APPOINTMENT.—The Secretary of Labor 

17 shall appoint the members of the Committee described 

18 in subsection (c)(6), in accordance with subsection 

19 (c). 

20 ‘‘(2) VACANCIES.—Any vacancy in the Com21 mittee shall not affect its powers, but shall be filled 

22 in the same manner, in accordance with the same 

23 paragraph of subsection (c), as the original appoint24 ment or designation was made. 
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1 ‘‘(c) COMPOSITION.—The Committee shall be composed 

2 of— 

3 ‘‘(1) the Assistant Secretary for Disability Em4 ployment Policy, the Assistant Secretary for Employ5 ment and Training, and the Administrator of the 

6 Wage and Hour Division, of the Department of 

7 Labor; 

8 ‘‘(2) the Commissioner of the Administration on 

9 Intellectual and Developmental Disabilities, or the 

10 Commissioner’s designee; 

11 ‘‘(3) the Director of the Centers for Medicare & 

12 Medicaid Services of the Department of Health and 

13 Human Services, or the Director’s designee; 

14 ‘‘(4) the Commissioner of Social Security, or the 

15 Commissioner’s designee; 

16 ‘‘(5) the Commissioner of the Rehabilitation 

17 Services Administration, or the Commissioner’s des18 ignee; and 

19 ‘‘(6) representatives from constituencies con20 sisting of— 

21 ‘‘(A) self-advocates for individuals with in22 tellectual or developmental disabilities; 

23 ‘‘(B) providers of employment services, in24 cluding those that employ individuals with intel-
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1 lectual or developmental disabilities in competi2 tive integrated employment; 

3 ‘‘(C) representatives of national disability 

4 advocacy organizations for adults with intellec5 tual or developmental disabilities; 

6 ‘‘(D) experts with a background in aca7 demia or research and expertise in employment 

8 and wage policy issues for individuals with in9 tellectual or developmental disabilities; 

10 ‘‘(E) representatives from the employer com11 munity or national employer organizations; and 

12 ‘‘(F) other individuals or representatives of 

13 organizations with expertise on increasing op14 portunities for competitive integrated employ15 ment for individuals with disabilities. 

16 ‘‘(d) CHAIRPERSON.—The Committee shall elect a 

17 Chairperson of the Committee from among the appointed 

18 members of the Committee. 

19 ‘‘(e) MEETINGS.—The Committee shall meet at the call 

20 of the Chairperson, but not less than 8 times. 

21 ‘‘(f) DUTIES.—The Committee shall study, and pre22 pare findings, conclusions, and recommendations for the 

23 Secretary of Labor on— 

24 ‘‘(1) ways to increase the employment opportuni25 ties for individuals with intellectual or developmental 
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1 disabilities or other individuals with significant dis2 abilities in competitive integrated employment; 

3 ‘‘(2) the use of the certificate program carried 

4 out under section 14(c) of the Fair Labor Standards 

5 Act of 1938 (29 U.S.C. 214(c)) for the employment of 

6 individuals with intellectual or developmental disabil7 ities, or other individuals with significant disabil8 ities; and 

9 ‘‘(3) ways to improve oversight of the use of such 

10 certificates. 

11 ‘‘(g) COMMITTEE PERSONNEL MATTERS.— 

12 ‘‘(1) TRAVEL EXPENSES.—The members of the 

13 Committee shall not receive compensation for the per14 formance of services for the Committee, but shall be 

15 allowed reasonable travel expenses, including per 

16 diem in lieu of subsistence, at rates authorized for 

17 employees of agencies under subchapter I of chapter 

18 57 of title 5, United States Code, while away from 

19 their homes or regular places of business in the per20 formance of services for the Committee. Notwith21 standing section 1342 of title 31, United States Code, 

22 the Secretary may accept the voluntary and uncom23 pensated services of members of the Committee. 
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1 ‘‘(2) STAFF.—The Secretary of Labor may des2 ignate such personnel as may be necessary to enable 

3 the Committee to perform its duties. 

4 ‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.— 

5 Any Federal Government employee, with the approval 

6 of the head of the appropriate Federal agency, may 

7 be detailed to the Committee without reimbursement, 

8 and such detail shall be without interruption or loss 

9 of civil service status or privilege. 

10 ‘‘(4) FACILITIES, EQUIPMENT, AND SERVICES.— 

11 The Secretary of Labor shall make available to the 

12 Committee, under such arrangements as may be ap13 propriate, necessary equipment, supplies, and serv14 ices. 

15 ‘‘(h) REPORTS.— 

16 ‘‘(1) INTERIM AND FINAL REPORTS.—The Com17 mittee shall prepare and submit to the Secretary of 

18 Labor, as well as the Committee on Health, Edu19 cation, Labor, and Pensions of the Senate and the 

20 Committee on Education and the Workforce of the 

21 House of Representatives— 

22 ‘‘(A) an interim report that summarizes the 

23 progress of the Committee, along with any in24 terim findings, conclusions, and recommenda25 tions as described in subsection (f); and 
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1 ‘‘(B) a final report that states final find2 ings, conclusions, and recommendations as de3 scribed in subsection (f). 

4 ‘‘(2) PREPARATION AND SUBMISSION.—The re5 ports shall be prepared and submitted— 

6 ‘‘(A) in the case of the interim report, not 

7 later than 1 year after the date on which the 

8 Committee is established under subsection (a); 

9 and 

10 ‘‘(B) in the case of the final report, not later 

11 than 2 years after the date on which the Com12 mittee is established under subsection (a). 

13 ‘‘(i) TERMINATION.—The Committee shall terminate 

14 on the day after the date on which the Committee submits 

15 the final report. 

16 ‘‘SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There is authorized to be appropriated to carry out 

18 this title $27,548,000 for fiscal year 2015, $29,676,000 for 

19 fiscal year 2016, $30,292,000 for fiscal year 2017, 

20 $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 

21 2019, and $32,363,000 for fiscal year 2020.’’. 
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1 Subtitle H—Independent Living 

2 Services and Centers for Inde3 pendent Living 

4 CHAPTER 1—INDIVIDUALS WITH 

5 SIGNIFICANT DISABILITIES 

6 Subchapter A—General Provisions 

7 SEC. 471. PURPOSE. 

8 Section 701 (29 U.S.C. 796) is amended, in paragraph 

9 (3)— 

10 (1) by striking ‘‘part B of title VI’’ and inserting 

11 ‘‘title VI’’; and 

12 (2) by inserting before the period the following: 

13 ‘‘, with the goal of improving the independence of in14 dividuals with disabilities’’. 

15 SEC. 472. ADMINISTRATION OF THE INDEPENDENT LIVING 

16 PROGRAM. 

17 Title VII (29 U.S.C. 796 et seq.) is amended by insert18 ing after section 701 the following: 

19 ‘‘SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIV20 ING PROGRAM. 

21 ‘‘There is established within the Administration for 

22 Community Living of the Department of Health and 

23 Human Services, an Independent Living Administration. 

24 The Independent Living Administration shall be headed by 

25 a Director (referred to in this section as the ‘Director’) ap-
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1 pointed by the Secretary of Health and Human Services. 

2 The Director shall be an individual with substantial knowl3 edge of independent living services. The Independent Living 

4 Administration shall be the principal agency, and the Di5 rector shall be the principal officer, to carry out this chap6 ter. In performing the functions of the office, the Director 

7 shall be directly responsible to the Administrator of the Ad8 ministration for Community Living of the Department of 

9 Health and Human Services. The Secretary shall ensure 

10 that the Independent Living Administration has sufficient 

11 resources (including designating at least 1 individual from 

12 the Office of General Counsel who is knowledgeable about 

13 independent living services) to provide technical assistance 

14 and support to, and oversight of, the programs funded 

15 under this chapter.’’. 

16 SEC. 473. DEFINITIONS. 

17 Section 702 (29 U.S.C. 796a) is amended— 

18 (1) in paragraph (1)— 

19 (A) in the matter before subparagraph (A), 

20 by inserting ‘‘for individuals with significant 

21 disabilities (regardless of age or income)’’ before 

22 ‘‘that—’’; and 

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

24 period and inserting ‘‘, including, at a min-
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1 imum, independent living core services as de2 fined in section 7(17).’’; 

3 (2) in paragraph (2), by striking the period and 

4 inserting the following: ‘‘, in terms of the manage5 ment, staffing, decisionmaking, operation, and provi6 sions of services, of the center.’’; 

7 (3) by redesignating paragraphs (1) and (2) as 

8 paragraphs (2) and (3), respectively; and 

9 (4) by inserting before paragraph (2) the fol10 lowing: 

11 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis12 trator’ means the Administrator of the Administra13 tion for Community Living of the Department of 

14 Health and Human Services.’’. 

15 SEC. 474. STATE PLAN. 

16 Section 704 (29 U.S.C. 796c) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by inserting after ‘‘State plan’’ the 

20 following: ‘‘developed and signed in accord21 ance with paragraph (2),’’; and 

22 (ii) by striking ‘‘Commissioner’’ each 

23 place it appears and inserting ‘‘Adminis24 trator’’; 

25 (B) in paragraph (2)— 
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘developed and 

3 signed by’’; and 

4 (ii) by striking subparagraphs (A) and 

5 (B) and inserting the following: 

6 ‘‘(A) developed by the chairperson of the 

7 Statewide Independent Living Council, and the 

8 directors of the centers for independent living in 

9 the State, after receiving public input from indi10 viduals with disabilities and other stakeholders 

11 throughout the State; and 

12 ‘‘(B) signed by— 

13 ‘‘(i) the chairperson of the Statewide 

14 Independent Living Council, acting on be15 half of and at the direction of the Council; 

16 ‘‘(ii) the director of the designated 

17 State entity described in subsection (c); and 

18 ‘‘(iii) not less than 51 percent of the 

19 directors of the centers for independent liv20 ing in the State.’’; 

21 (C) in paragraph (3)— 

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

23 ‘‘State independent living services’’ and in24 serting ‘‘independent living services in the 

25 State’’; and 
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1 (ii) by striking subparagraph (C) and 

2 inserting the following: 

3 ‘‘(C) working relationships and collabora4 tion between— 

5 ‘‘(i) centers for independent living; and 

6 ‘‘(ii)(I) entities carrying out programs 

7 that provide independent living services, in8 cluding those serving older individuals; 

9 ‘‘(II) other community-based organiza10 tions that provide or coordinate the provi11 sion of housing, transportation, employ12 ment, information and referral assistance, 

13 services, and supports for individuals with 

14 significant disabilities; and 

15 ‘‘(III) entities carrying out other pro16 grams providing services for individuals 

17 with disabilities.’’. 

18 (D) in paragraph (4), by striking ‘‘Com19 missioner’’ each place it appears and inserting 

20 ‘‘Administrator’’; and 

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

22 ‘‘(5) STATEWIDENESS.—The State plan shall de23 scribe strategies for providing independent living 

24 services on a statewide basis, to the greatest extent 

25 possible.’’; 
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1 (2) in subsection (c)— 

2 (A) in the subsection heading, by striking 

3 ‘‘UNIT’’ and inserting ‘‘ENTITY’’; 

4 (B) in the matter preceding paragraph (1), 

5 by striking ‘‘the designated State unit of such 

6 State’’ and inserting ‘‘a State entity of such 

7 State (referred to in this title as the ‘designated 

8 State entity’)’’; 

9 (C) in paragraphs (3) and (4), by striking 

10 ‘‘Commissioner’’ each place it appears and in11 serting ‘‘Administrator’’; 

12 (D) in paragraph (3), by striking ‘‘and’’ at 

13 the end; 

14 (E) in paragraph (4), by striking the period 

15 and inserting ‘‘; and’’; and 

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

17 ‘‘(5) retain not more than 5 percent of the funds 

18 received by the State for any fiscal year under part 

19 B, for the performance of the services outlined in 

20 paragraphs (1) through (4).’’; 

21 (3) in subsection (i), by striking paragraphs (1) 

22 and (2) and inserting the following: 

23 ‘‘(1) the Statewide Independent Living Council; 

24 ‘‘(2) centers for independent living; 

25 ‘‘(3) the designated State entity; and 
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1 ‘‘(4) other State agencies or entities represented 

2 on the Council, other councils that address the needs 

3 and issues of specific disability populations, and 

4 other public and private entities determined to be ap5 propriate by the Council.’’; 

6 (4) in subsection (m)— 

7 (A) in paragraph (4), by striking ‘‘Commis8 sioner’’ each place it appears and inserting ‘‘Ad9 ministrator’’; and 

10 (B) in paragraph (5), by striking ‘‘Commis11 sioner’’ and inserting ‘‘Administrator’’; and 

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

13 ‘‘(o) PROMOTING FULL ACCESS TO COMMUNITY

14 LIFE.—The plan shall describe how the State will provide 

15 independent living services described in section 7(18) that 

16 promote full access to community life for individuals with 

17 significant disabilities.’’. 

18 SEC. 475. STATEWIDE INDEPENDENT LIVING COUNCIL. 

19 Section 705 (29 U.S.C. 796d) is amended— 

20 (1) in subsection (a), by inserting ‘‘and main21 tain’’ after ‘‘shall establish’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (2)— 

24 (i) in subparagraph (A)— 
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1 (I) by inserting ‘‘among its voting 

2 members,’’ before ‘‘at least’’; and 

3 (II) by striking ‘‘one’’ and insert4 ing ‘‘1’’; and 

5 (ii) by striking subparagraphs (B) and 

6 (C) and inserting the following: 

7 ‘‘(B) among its voting members, for a State 

8 in which 1 or more centers for independent liv9 ing are run by, or in conjunction with, the gov10 erning bodies of American Indian tribes located 

11 on Federal or State reservations, at least 1 rep12 resentative of the directors of such centers; and 

13 ‘‘(C) as ex officio, nonvoting members, a 

14 representative of the designated State entity, and 

15 representatives from State agencies that provide 

16 services for individuals with disabilities.’’; 

17 (B) in paragraph (3)— 

18 (i) by redesignating subparagraphs (C) 

19 through (F) as subparagraphs (D) through 

20 (G), respectively; 

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

22 ‘‘parents and guardians of’’; and 

23 (iii) by inserting after paragraph (B) 

24 the following: 
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1 ‘‘(C) parents and guardians of individuals 

2 with disabilities;’’; 

3 (C) in paragraph (5)(B), by striking ‘‘para4 graph (3)’’ and inserting ‘‘paragraph (1)’’; and 

5 (D) in paragraph (6)(B), by inserting ‘‘, 

6 other than a representative described in para7 graph (2)(A) if there is only one center for inde8 pendent living within the State,’’ after ‘‘the 

9 Council’’; 

10 (3) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) FUNCTIONS.— 

13 ‘‘(1) DUTIES.—The Council shall— 

14 ‘‘(A) develop the State plan as provided in 

15 section 704(a)(2); 

16 ‘‘(B) monitor, review, and evaluate the im17 plementation of the State plan; 

18 ‘‘(C) meet regularly, and ensure that such 

19 meetings of the Council are open to the public 

20 and sufficient advance notice of such meetings is 

21 provided; 

22 ‘‘(D) submit to the Administrator such peri23 odic reports as the Administrator may reason24 ably request, and keep such records, and afford 

25 such access to such records, as the Administrator 
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1 finds necessary to verify the information in such 

2 reports; and 

3 ‘‘(E) as appropriate, coordinate activities 

4 with other entities in the State that provide serv5 ices similar to or complementary to independent 

6 living services, such as entities that facilitate the 

7 provision of or provide long-term community8 based services and supports. 

9 ‘‘(2) AUTHORITIES.—The Council may, con10 sistent with the State plan described in section 704, 

11 unless prohibited by State law— 

12 ‘‘(A) in order to improve services provided 

13 to individuals with disabilities, work with cen14 ters for independent living to coordinate services 

15 with public and private entities; 

16 ‘‘(B) conduct resource development activities 

17 to support the activities described in this sub18 section or to support the provision of inde19 pendent living services by centers for inde20 pendent living; and 

21 ‘‘(C) perform such other functions, con22 sistent with the purpose of this chapter and com23 parable to other functions described in this sub24 section, as the Council determines to be appro25 priate. 
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1 ‘‘(3) LIMITATION.—The Council shall not provide 

2 independent living services directly to individuals 

3 with significant disabilities or manage such serv4 ices.’’; 

5 (4) in subsection (e)— 

6 (A) in paragraph (1), in the first sentence, 

7 by striking ‘‘prepare’’ and all that follows 

8 through ‘‘a plan’’ and inserting ‘‘prepare, in 

9 conjunction with the designated State entity, a 

10 plan’’; and 

11 (B) in paragraph (3), by striking ‘‘State 

12 agency’’ and inserting ‘‘State entity’’; and 

13 (5) in subsection (f)— 

14 (A) by striking ‘‘such resources’’ and insert15 ing ‘‘available resources’’; and 

16 (B) by striking ‘‘(including’’ and all that 

17 follows through ‘‘compensation’’ and inserting 

18 ‘‘(such as personal assistance services), and to 

19 pay reasonable compensation’’. 

20 SEC. 475A. RESPONSIBILITIES OF THE ADMINISTRATOR. 

21 Section 706 (29 U.S.C. 796d–1) is amended— 

22 (1) by striking the title of the section and insert23 ing the following: 

24 ‘‘SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.’’; 

25 (2) in subsection (a)— 
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1 (A) in paragraph (1), by striking ‘‘Commis2 sioner’’ each place it appears and inserting ‘‘Ad3 ministrator’’; and 

4 (B) in paragraph (2)— 

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

6 ‘‘Commissioner’’ and inserting ‘‘Adminis7 trator’’; and 

8 (ii) in subparagraph (B)— 

9 (I) in clause (i)— 

10 (aa) by inserting ‘‘or the 

11 Commissioner’’ after ‘‘to the Sec12 retary’’; and 

13 (bb) by striking ‘‘to the Com14 missioner; and’’ and inserting ‘‘to 

15 the Administrator;’’; 

16 (II) by redesignating clause (ii) 

17 as clause (iii); and 

18 (III) by inserting after clause (i) 

19 the following: 

20 ‘‘(ii) to the State agency shall be 

21 deemed to be references to the designated 

22 State entity; and’’; 

23 (3) by striking subsection (b) and inserting the 

24 following: 
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1 ‘‘(b) INDICATORS.—Not later than 1 year after the date 

2 of enactment of the Workforce Innovation and Opportunity 

3 Act, the Administrator shall develop and publish in the 

4 Federal Register indicators of minimum compliance for 

5 centers for independent living (consistent with the stand6 ards set forth in section 725), and indicators of minimum 

7 compliance for Statewide Independent Living Councils.’’; 

8 (4) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘Commissioner’’ each 

11 place it appears and inserting ‘‘Adminis12 trator’’; and 

13 (ii) by striking the last sentence; 

14 (B) in paragraph (2)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘Commissioner’’ and 

17 inserting ‘‘Administrator’’; 

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

19 ‘‘such a review’’ and inserting ‘‘a review de20 scribed in paragraph (1)’’; and 

21 (iii) in subparagraphs (A) and (B), by 

22 striking ‘‘Department’’ each place it ap23 pears and inserting ‘‘Department of Health 

24 and Human Services’’; and 
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1 (5) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) REPORTS.— 

4 ‘‘(1) IN GENERAL.—The Director described in 

5 section 701A shall provide to the Administrator of the 

6 Administration for Community Living and the Ad7 ministrator shall include, in an annual report, infor8 mation on the extent to which centers for independent 

9 living receiving funds under part C have complied 

10 with the standards and assurances set forth in section 

11 725. The Director may identify individual centers for 

12 independent living in the analysis contained in that 

13 information. The Director shall include in the report 

14 the results of onsite compliance reviews, identifying 

15 individual centers for independent living and other 

16 recipients of assistance under part C. 

17 ‘‘(2) PUBLIC AVAILABILITY.—The Director shall 

18 ensure that the report described in this subsection is 

19 made publicly available in a timely manner, includ20 ing through electronic means, in order to inform the 

21 public about the administration and performance of 

22 programs under this Act.’’. 
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1 Subchapter B—Independent Living Services 

2 SEC. 476. ADMINISTRATION. 

3 (a) ALLOTMENTS.—Section 711 (29 U.S.C. 796e) is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)(A)— 

7 (i) by striking ‘‘Except’’ and inserting 

8 ‘‘After the reservation required by section 

9 711A is made, and except’’; and 

10 (ii) by inserting ‘‘the remainder of 

11 the’’ before ‘‘sums appropriated’’; and 

12 (B) in paragraph (2)(B), by striking 

13 ‘‘amounts made available for purposes of this 

14 part’’ and inserting ‘‘remainder described in 

15 paragraph (1)(A)’’; 

16 (2) in subsections (a), (b), and (c), by striking 

17 ‘‘Commissioner’’ each place it appears and inserting 

18 ‘‘Administrator’’; and 

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

20 ‘‘(d) ADMINISTRATION.—Funds allotted or made avail21 able to a State under this section shall be administered by 

22 the designated State entity, in accordance with the ap23 proved State plan.’’. 
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1 (b) TRAINING AND TECHNICAL ASSISTANCE.—Part B 

2 of chapter 1 of title VII is amended by inserting after sec3 tion 711 (29 U.S.C. 796e) the following: 

4 ‘‘TRAINING AND TECHNICAL ASSISTANCE

5 ‘‘SEC. 711A. (a) From the funds appropriated and 

6 made available to carry out this part for any fiscal year, 

7 beginning with fiscal year 2015, the Administrator shall 

8 first reserve not less than 1.8 percent and not more than 

9 2 percent of the funds to provide, either directly or through 

10 grants, contracts, or cooperative agreements, training and 

11 technical assistance to Statewide Independent Living Coun12 cils established under section 705 for such fiscal year. 

13 ‘‘(b) The Administrator shall conduct a survey of such 

14 Statewide Independent Living Councils regarding training 

15 and technical assistance needs in order to determine fund16 ing priorities for such training and technical assistance. 

17 ‘‘(c) To be eligible to receive a grant or enter into a 

18 contract or cooperative agreement under this section, an en19 tity shall submit an application to the Administrator at 

20 such time, in such manner, containing a proposal to pro21 vide such training and technical assistance, and containing 

22 such additional information, as the Administrator may re23 quire. The Administrator shall provide for peer review of 

24 applications by panels that include persons who are not 

25 government employees and who have experience in the oper26 ation of such Statewide Independent Living Councils.’’. 
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† HR 803 EAS 

1 (c) PAYMENTS.—Section 712(a) (29 U.S.C. 796e–1(a)) 

2 is amended by striking ‘‘Commissioner’’ and inserting ‘‘Ad3 ministrator’’. 

4 (d) AUTHORIZED USES OF FUNDS.—Section 713 (29 

5 U.S.C. 796e–2) is amended— 

6 (1) by striking the matter preceding paragraph 

7 (1) and inserting the following: 

8 ‘‘(a) IN GENERAL.—The State may use funds received 

9 under this part to provide the resources described in section 

10 705(e) (but may not use more than 30 percent of the funds 

11 paid to the State under section 712 for such resources unless 

12 the State specifies that a greater percentage of the funds 

13 is needed for such resources in a State plan approved under 

14 section 706), relating to the Statewide Independent Living 

15 Council, may retain funds under section 704(c)(5), and 

16 shall distribute the remainder of the funds received under 

17 this part in a manner consistent with the approved State 

18 plan for the activities described in subsection (b). 

19 ‘‘(b) ACTIVITIES.—The State may use the remainder 

20 of the funds described in subsection (a)—’’; and 

21 (2) in paragraph (1), by inserting ‘‘, particu22 larly those in unserved areas of the State’’ after ‘‘dis23 abilities’’. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 714 (29 U.S.C. 796e–3) is amended by striking ‘‘such sums 
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† HR 803 EAS 

1 as may be necessary for each of the fiscal years 1999 

2 through 2003.’’ and inserting ‘‘$22,878,000 for fiscal year 

3 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fis4 cal year 2017, $25,714,000 for fiscal year 2018, 

5 $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal 

6 year 2020.’’. 

7 Subchapter C—Centers for Independent 

8 Living 

9 SEC. 481. PROGRAM AUTHORIZATION. 

10 Section 721 (29 U.S.C. 796f) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘1999’’ and inserting 

13 ‘‘2015’’; 

14 (B) by striking ‘‘Commissioner shall allot’’ 

15 and inserting ‘‘Administrator shall make avail16 able’’; and 

17 (C) by inserting ‘‘, centers for independent 

18 living,’’ after ‘‘States’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in the paragraph heading, by strik22 ing ‘‘OTHER ARRANGEMENTS’’ and inserting 

23 ‘‘COOPERATIVE AGREEMENTS’’; 

24 (ii) by striking ‘‘For’’ and all that fol25 lows through ‘‘Commissioner’’ and inserting 
719 

† HR 803 EAS 

1 ‘‘From the funds appropriated to carry out 

2 this part for any fiscal year, beginning with 

3 fiscal year 2015, the Administrator’’; 

4 (iii) by striking ‘‘reserve from such ex5 cess’’ and inserting ‘‘reserve not less than 

6 1.8 percent and not more than 2 percent of 

7 the funds’’; and 

8 (iv) by striking ‘‘eligible agencies’’ and 

9 all that follows and inserting ‘‘centers for 

10 independent living and eligible agencies for 

11 such fiscal year.’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘Commissioner shall 

14 make grants to, and enter into contracts 

15 and other arrangements with,’’ and insert16 ing ‘‘Administrator shall make grants to, or 

17 enter into contracts or cooperative agree18 ments with,’’; and 

19 (ii) by inserting ‘‘fiscal management 

20 of,’’ before ‘‘planning,’’; 

21 (C) in paragraphs (3), (4), and (5), by 

22 striking ‘‘Commissioner’’ each place it appears 

23 and inserting ‘‘Administrator’’; and 

24 (D) in paragraph (3), by striking ‘‘State25 wide Independent Living Councils and’’; 
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† HR 803 EAS 

1 (3) in paragraph (4), by striking ‘‘other arrange2 ment’’ and inserting ‘‘cooperative agreement’’; 

3 (4) in subsection (c), by striking ‘‘Commis4 sioner’’ each place it appears and inserting ‘‘Admin5 istrator’’; and 

6 (5) in subsection (d), by striking ‘‘Commis7 sioner’’ each place it appears and inserting ‘‘Admin8 istrator’’. 

9 SEC. 482. CENTERS. 

10 (a) CENTERS IN STATES IN WHICH FEDERAL FUND11 ING EXCEEDS STATE FUNDING.—Section 722 (29 U.S.C. 

12 796f–1) is amended— 

13 (1) in subsections (a), (b), and (c), by striking 

14 ‘‘Commissioner’’ each place it appears and inserting 

15 ‘‘Administrator’’; 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘grants’’ and inserting 

18 ‘‘grants for a fiscal year’’; and 

19 (B) by striking ‘‘by September 30, 1997’’ 

20 and inserting ‘‘for the preceding fiscal year’’; 

21 (3) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘Commissioner’’ and 

24 inserting ‘‘Administrator’’; and 
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† HR 803 EAS 

1 (ii) by striking ‘‘region, consistent’’ 

2 and all that follows and inserting ‘‘region. 

3 The Administrator’s determination of the 

4 most qualified applicant shall be consistent 

5 with the provisions in the State plan setting 

6 forth the design of the State for establishing 

7 a statewide network of centers for inde8 pendent living.’’; and 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘Commissioner’’ and 

12 inserting ‘‘Administrator’’; and 

13 (ii) by striking subparagraph (A) and 

14 inserting the following: 

15 ‘‘(A) shall consider comments regarding the 

16 application— 

17 ‘‘(i) by individuals with disabilities 

18 and other interested parties within the new 

19 region proposed to be served; and 

20 ‘‘(ii) if any, by the Statewide Inde21 pendent Living Council in the State in 

22 which the applicant is located;’’; and 

23 (4) in subsections (e) and (g) by striking ‘‘Com24 missioner’’ each place it appears and inserting ‘‘Ad25 ministrator.’’. 
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1 (b) CENTERS IN STATES IN WHICH STATE FUNDING

2 EXCEEDS FEDERAL FUNDING.—Section 723 (29 U.S.C. 

3 796f–2) is amended— 

4 (1) in subsections (a), (b), (g), (h), and (i), by 

5 striking ‘‘Commissioner’’ each place it appears and 

6 inserting ‘‘Administrator’’; 

7 (2) in subsection (a)— 

8 (A) in paragraph (1)(A)(ii), by inserting 

9 ‘‘of a designated State unit’’ after ‘‘director’’; 

10 and 

11 (B) in the heading of paragraph (3), by 

12 striking ‘‘COMMISSIONER’’ and inserting ‘‘ADMIN13 ISTRATOR’’; and 

14 (3) in subsection (c)— 

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

16 ‘‘grants for a fiscal year’’; and 

17 (B) by striking ‘‘by September 30, 1997’’ 

18 and inserting ‘‘for the preceding fiscal year’’. 

19 (c) CENTERS OPERATED BY STATE AGENCIES.—Sec20 tion 724 (29 U.S.C. 796f–3) is amended— 

21 (1) in the matter preceding paragraph (1)— 

22 (A) by striking ‘‘1993’’ and inserting 

23 ‘‘2015’’; 
723 

† HR 803 EAS 

1 (B) by striking ‘‘Rehabilitation Act Amend2 ments of 1998’’ and inserting ‘‘Workforce Inno3 vation and Opportunity Act’’; and 

4 (C) by striking ‘‘1994’’ and inserting 

5 ‘‘2015’’; and 

6 (2) by striking ‘‘Commissioner’’ each place it ap7 pears and inserting ‘‘Administrator’’. 

8 SEC. 483. STANDARDS AND ASSURANCES. 

9 Section 725 (29 U.S.C. 796f–4) is amended— 

10 (1) in subsection (b)(1)(D)— 

11 (A) by striking ‘‘access of’’ and inserting 

12 ‘‘access for’’; and 

13 (B) by striking ‘‘to society and’’ and insert14 ing ‘‘, within their communities,’’; and 

15 (2) in subsection (c), by striking ‘‘Commis16 sioner’’ each place it appears and inserting ‘‘Admin17 istrator’’. 

18 SEC. 484. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 727 (29 U.S.C. 796f–6) is amended by striking 

20 ‘‘such sums as may be necessary for each of the fiscal years 

21 1999 through 2003.’’ and inserting ‘‘$78,305,000 for fiscal 

22 year 2015, $84,353,000 for fiscal year 2016, $86,104,000 

23 for fiscal year 2017, $88,013,000 for fiscal year 2018, 

24 $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal 

25 year 2020.’’. 
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† HR 803 EAS 

1 CHAPTER 2—INDEPENDENT LIVING SERV2 ICES FOR OLDER INDIVIDUALS WHO 

3 ARE BLIND 

4 SEC. 486. INDEPENDENT LIVING SERVICES FOR OLDER IN5 DIVIDUALS WHO ARE BLIND. 

6 Chapter 2 of title VII (29 U.S.C. 796j et seq.) is 

7 amended by inserting after section 751 the following: 

8 ‘‘TRAINING AND TECHNICAL ASSISTANCE

9 ‘‘SEC. 751A. (a) From the funds appropriated and 

10 made available to carry out this chapter for any fiscal year, 

11 beginning with fiscal year 2015, the Commissioner shall 

12 first reserve not less than 1.8 percent and not more than 

13 2 percent of the funds to provide, either directly or through 

14 grants, contracts, or cooperative agreements, training and 

15 technical assistance to designated State agencies, or other 

16 providers of independent living services for older individ17 uals who are blind, that are funded under this chapter for 

18 such fiscal year. 

19 ‘‘(b) The Commissioner shall conduct a survey of des20 ignated State agencies that receive grants under section 752 

21 regarding training and technical assistance needs in order 

22 to determine funding priorities for such training and tech23 nical assistance. 

24 ‘‘(c) To be eligible to receive a grant or enter into a 

25 contract or cooperative agreement under this section, an en26 tity shall submit an application to the Commissioner at 
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† HR 803 EAS 

1 such time, in such manner, containing a proposal to pro2 vide such training and technical assistance, and containing 

3 such additional information, as the Commissioner may re4 quire. The Commissioner shall provide for peer review of 

5 applications by panels that include persons who are not 

6 government employees and who have experience in the pro7 vision of services to older individuals who are blind.’’. 

8 SEC. 487. PROGRAM OF GRANTS. 

9 Section 752 (29 U.S.C. 796k) is amended— 

10 (1) by striking subsection (h); 

11 (2) by redesignating subsections (i) and (j) as 

12 subsections (h) and (i), respectively; 

13 (3) in subsection (c)(2)— 

14 (A) by striking ‘‘subsection (j)’’ and insert15 ing ‘‘subsection (i)’’; and 

16 (B) by striking ‘‘subsection (i)’’ and insert17 ing ‘‘subsection (h)’’; 

18 (4) in subsection (g), by inserting ‘‘, or contracts 

19 or cooperative agreements with,’’ after ‘‘grants to’’; 

20 (5) in subsection (h), as redesignated by para21 graph (2)— 

22 (A) in paragraph (1), by striking ‘‘sub23 section (j)(4)’’ and inserting ‘‘subsection (i)(4)’’; 

24 and 

25 (B) in paragraph (2)— 
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1 (i) in subparagraph (A)(vi), by adding 

2 ‘‘and’’ after the semicolon; 

3 (ii) in subparagraph (B)(ii)(III), by 

4 striking ‘‘; and’’ and inserting a period; 

5 and 

6 (iii) by striking subparagraph (C); 

7 and 

8 (6) in subsection (i), as redesignated by para9 graph (2)— 

10 (A) in paragraph (2)(A)(ii), by inserting ‘‘, 

11 and not reserved under section 751A,’’ after ‘‘sec12 tion 753’’; 

13 (B) in paragraph (3)(A), by inserting ‘‘, 

14 and not reserved under section 751A,’’ after ‘‘sec15 tion 753’’; and 

16 (C) in paragraph (4)(B)(i), by striking 

17 ‘‘subsection (i)’’ and inserting ‘‘subsection (h)’’. 

18 SEC. 488. INDEPENDENT LIVING SERVICES FOR OLDER IN19 DIVIDUALS WHO ARE BLIND AUTHORIZATION 

20 OF APPROPRIATIONS. 

21 Section 753 (29 U.S.C. 796l) is amended by striking 

22 ‘‘such sums as may be necessary for each of the fiscal years 

23 1999 through 2003.’’ and inserting ‘‘$33,317,000 for fiscal 

24 year 2015, $35,890,000 for fiscal year 2016, $36,635,000 

25 for fiscal year 2017, $37,448,000 for fiscal year 2018, 
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1 $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal 

2 year 2020.’’. 

3 Subtitle I—General Provisions 

4 SEC. 491. TRANSFER OF FUNCTIONS REGARDING INDE5 PENDENT LIVING TO DEPARTMENT OF 

6 HEALTH AND HUMAN SERVICES, AND SAV7 INGS PROVISIONS. 

8 (a) DEFINITIONS.—For purposes of this section, unless 

9 otherwise provided or indicated by the context— 

10 (1) the term ‘‘Administration for Community 

11 Living’’ means the Administration for Community 

12 Living of the Department of Health and Human 

13 Services; 

14 (2) the term ‘‘Federal agency’’ has the meaning 

15 given to the term ‘‘agency’’ by section 551(1) of title 

16 5, United States Code; 

17 (3) the term ‘‘function’’ means any duty, obliga18 tion, power, authority, responsibility, right, privilege, 

19 activity, or program; and 

20 (4) the term ‘‘Rehabilitation Services Adminis21 tration’’ means the Rehabilitation Services Adminis22 tration of the Office of Special Education and Reha23 bilitative Services of the Department of Education. 

24 (b) TRANSFER OF FUNCTIONS.—There are transferred 

25 to the Administration for Community Living, all functions 
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1 which the Commissioner of the Rehabilitation Services Ad2 ministration exercised before the effective date of this section 

3 (including all related functions of any officer or employee 

4 of that Administration) under chapter 1 of title VII of the 

5 Rehabilitation Act of 1973 (29 U.S.C. 796 et seq). 

6 (c) PERSONNEL DETERMINATIONS BY THE OFFICE OF

7 MANAGEMENT AND BUDGET.—The Office of Management 

8 and Budget shall— 

9 (1) ensure that this section does not result in 

10 any net increase in full-time equivalent employees at 

11 any Federal agency impacted by this section; and 

12 (2) not later than 1 year after the effective date 

13 of this section, certify compliance with this subsection 

14 to the Committee on Education and the Workforce of 

15 the House of Representatives and the Committee on 

16 Health, Education, Labor, and Pensions of the Sen17 ate. 

18 (d) DELEGATION AND ASSIGNMENT.—Except where 

19 otherwise expressly prohibited by law or otherwise provided 

20 by this section, the Administrator of the Administration for 

21 Community Living may delegate any of the functions 

22 transferred to the Administrator of such Administration by 

23 subsection (b) and any function described in subsection (b) 

24 that was transferred or granted to such Administrator after 

25 the effective date of this section to such officers and employ-
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1 ees of such Administration as the Administrator may des2 ignate, and may authorize successive redelegations of such 

3 functions described in subsection (b) as may be necessary 

4 or appropriate. No delegation of such functions by the Ad5 ministrator of the Administration for Community Living 

6 under this subsection or under any other provision of this 

7 section shall relieve such Administrator of responsibility for 

8 the administration of such functions. 

9 (e) REORGANIZATION.—Except where otherwise ex10 pressly prohibited by law or otherwise provided by this Act, 

11 the Administrator of the Administration for Community 

12 Living is authorized to allocate or reallocate any function 

13 transferred under subsection (b) among the officers of such 

14 Administration, and to consolidate, alter, or discontinue 

15 such organizational entities in such Administration as may 

16 be necessary or appropriate. 

17 (f) RULES.—The Administrator of the Administration 

18 for Community Living is authorized to prescribe, in accord19 ance with the provisions of chapters 5 and 6 of title 5, 

20 United States Code, such rules and regulations as that Ad21 ministrator determines necessary or appropriate to admin22 ister and manage the functions described in subsection (b) 

23 of that Administration. 

24 (g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

25 AND PERSONNEL.—Except as otherwise provided in this 
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1 section, the personnel employed in connection with, and the 

2 assets, liabilities, contracts, property, records, and unex3 pended balances of appropriations, authorizations, alloca4 tions, and other funds employed, used, held, arising from, 

5 available to, or to be made available in connection with 

6 the functions transferred by subsection (b), subject to section 

7 1531 of title 31, United States Code, shall be transferred 

8 to the Administration for Community Living. Unexpended 

9 funds transferred pursuant to this subsection shall be used 

10 only for the purposes for which the funds were originally 

11 authorized and appropriated. 

12 (h) INCIDENTAL TRANSFERS.—The Director of the Of13 fice of Management and Budget, at such time or times as 

14 the Director shall provide, is authorized to make such deter15 minations as may be necessary with regard to the functions 

16 transferred by subsection (b), and to make such additional 

17 incidental dispositions of personnel, assets, liabilities, 

18 grants, contracts, property, records, and unexpended bal19 ances of appropriations, authorizations, allocations, and 

20 other funds held, used, arising from, available to, or to be 

21 made available in connection with such functions, as may 

22 be necessary to carry out the provisions of this section. The 

23 Director of the Office of Management and Budget shall pro24 vide for the termination of the affairs of all entities termi25 nated by this section and for such further measures and 
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1 dispositions as may be necessary to effectuate the purposes 

2 of this section, with respect to such functions. 

3 (i) SAVINGS PROVISIONS.— 

4 (1) CONTINUING EFFECT OF LEGAL DOCU5 MENTS.—All orders, determinations, rules, regula6 tions, permits, agreements, grants, contracts, certifi7 cates, licenses, registrations, privileges, and other ad8 ministrative actions— 

9 (A) which have been issued, made, granted, 

10 or allowed to become effective by the President, 

11 any Federal agency or official thereof, or by a 

12 court of competent jurisdiction, in the perform13 ance of functions which are transferred under 

14 subsection (b); and 

15 (B) which are in effect at the time this sec16 tion takes effect, or were final before the effective 

17 date of this section and are to become effective on 

18 or after the effective date of this section, 

19 shall continue in effect according to their terms until 

20 modified, terminated, superseded, set aside, or revoked 

21 in accordance with law by the President, the Admin22 istrator of the Administration for Community Living 

23 or other authorized official, a court of competent ju24 risdiction, or by operation of law. 
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1 (2) PROCEEDINGS NOT AFFECTED.—The provi2 sions of this section shall not affect any proceedings, 

3 including notices of proposed rulemaking, or any ap4 plication for any license, permit, certificate, or finan5 cial assistance pending before the Rehabilitation Serv6 ices Administration at the time this section takes ef7 fect, with respect to functions transferred by sub8 section (b) but such proceedings and applications 

9 shall be continued. Orders shall be issued in such pro10 ceedings, appeals shall be taken therefrom, and pay11 ments shall be made pursuant to such orders, as if 

12 this section had not been enacted, and orders issued 

13 in any such proceedings shall continue in effect until 

14 modified, terminated, superseded, or revoked by a 

15 duly authorized official, by a court of competent ju16 risdiction, or by operation of law. Nothing in this 

17 paragraph shall be deemed to prohibit the discontinu18 ance or modification of any such proceeding under 

19 the same terms and conditions and to the same extent 

20 that such proceeding could have been discontinued or 

21 modified if this section had not been enacted. 

22 (3) SUITS NOT AFFECTED.—The provisions of 

23 this section shall not affect suits commenced (with re24 spect to functions transferred under subsection (b)) 

25 before the effective date of this section, and in all such 
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1 suits, proceedings shall be had, appeals taken, and 

2 judgments rendered in the same manner and with the 

3 same effect as if this section had not been enacted. 

4 (4) NONABATEMENT OF ACTIONS.—No suit, ac5 tion, or other proceeding commenced by or against the 

6 Rehabilitation Services Administration (with regard 

7 to functions transferred under subsection (b)), or by 

8 or against any individual in the official capacity of 

9 such individual as an officer of the Rehabilitation 

10 Services Administration (with regard to functions 

11 transferred under subsection (b)), shall abate by rea12 son of the enactment of this section. 

13 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO14 MULGATION OF REGULATIONS.—Any administrative 

15 action relating to the preparation or promulgation of 

16 a regulation by the Rehabilitation Services Adminis17 tration (with regard to functions transferred under 

18 subsection (b)) may be continued by the Administra19 tion for Community Living with the same effect as if 

20 this section had not been enacted. 

21 (j) SEPARABILITY.—If a provision of this section or 

22 its application to any person or circumstance is held in23 valid, neither the remainder of this section nor the applica24 tion of the provision to other persons or circumstances shall 

25 be affected. 
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1 (k) REFERENCES.—A reference in any other Federal 

2 law, Executive order, rule, regulation, or delegation of au3 thority, or any document of or relating to— 

4 (1) the Commissioner of the Rehabilitation Serv5 ices Administration (with regard to functions trans6 ferred under subsection (b)), shall be deemed to refer 

7 to the Administrator of the Administration for Com8 munity Living; and 

9 (2) the Rehabilitation Services Administration 

10 (with regard to functions transferred under subsection 

11 (b)), shall be deemed to refer to the Administration 

12 for Community Living. 

13 (l) TRANSITION.—The Administrator of the Adminis14 tration for Community Living is authorized to utilize— 

15 (1) the services of such officers, employees, and 

16 other personnel of the Rehabilitation Services Admin17 istration with regard to functions transferred under 

18 subsection (b); and 

19 (2) funds appropriated to such functions, 

20 for such period of time as may reasonably be needed to fa21 cilitate the orderly implementation of this section. 

22 (m) ADMINISTRATION FOR COMMUNITY LIVING.— 

23 (1) TRANSFER OF FUNCTIONS.—There are trans24 ferred to the Administration for Community Living, 

25 all functions which the Commissioner of the Rehabili-
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1 tation Services Administration exercised before the ef2 fective date of this section (including all related func3 tions of any officer or employee of that Administra4 tion) under the Assistive Technology Act of 1998 (29 

5 U.S.C. 3001 et seq.). 

6 (2) ADMINISTRATIVE MATTERS.—Subsections (d) 

7 through (l) shall apply to transfers described in para8 graph (1). 

9 (n) NATIONAL INSTITUTE ON DISABILITY, INDE10 PENDENT LIVING, AND REHABILITATION RESEARCH.— 

11 (1) DEFINITIONS.—For purposes of this sub12 section, unless otherwise provided or indicated by the 

13 context— 

14 (A) the term ‘‘NIDILRR’’ means the Na15 tional Institute on Disability, Independent Liv16 ing, and Rehabilitation Research of the Adminis17 tration for Community Living of the Depart18 ment of Health and Human Services; and 

19 (B) the term ‘‘NIDRR’’ means the National 

20 Institute on Disability and Rehabilitation Re21 search of the Office of Special Education and Re22 habilitative Services of the Department of Edu23 cation. 

24 (2) TRANSFER OF FUNCTIONS.—There are trans25 ferred to the NIDILRR, all functions which the Direc-
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1 tor of the NIDRR exercised before the effective date of 

2 this section (including all related functions of any of3 ficer or employee of the NIDRR). 

4 (3) ADMINISTRATIVE MATTERS.— 

5 (A) IN GENERAL.—Subsections (d) through 

6 (l) shall apply to transfers described in para7 graph (2). 

8 (B) REFERENCES.—For purposes of apply9 ing those subsections under subparagraph (A), 

10 those subsections— 

11 (i) shall apply to the NIDRR and the 

12 Director of the NIDRR in the same manner 

13 and to the same extent as those subsections 

14 apply to the Rehabilitation Services Admin15 istration and the Commissioner of that Ad16 ministration; and 

17 (ii) shall apply to the NIDILRR and 

18 the Director of the NIDILRR in the same 

19 manner and to the same extent as those sub20 sections apply to the Administration for 

21 Community Living and the Administrator 

22 of that Administration. 

23 (o) REFERENCES IN ASSISTIVE TECHNOLOGY ACT OF

24 1998.— 
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1 (1) SECRETARY.—Section 3(13) of the Assistive 

2 Technology Act of 1998 (29 U.S.C. 3002(13)) is 

3 amended by striking ‘‘Education’’ and inserting 

4 ‘‘Health and Human Services’’. 

5 (2) NATIONAL ACTIVITIES.—Section 6(d)(4) of 

6 the Assistive Technology Act of 1998 (29 U.S.C. 

7 3005(d)(4)) is amended by striking ‘‘Education’’ and 

8 inserting ‘‘Health and Human Services’’. 

9 (3) GENERAL ADMINISTRATION.—Section 7 of the 

10 Assistive Technology Act of 1998 (29 U.S.C. 3006) is 

11 amended— 

12 (A) in subsection (a)— 

13 (i) in paragraph (1), by striking ‘‘the 

14 Assistant Secretary’’ and all that follows 

15 through ‘‘Rehabilitation Services Adminis16 tration,’’ and inserting ‘‘the Administrator 

17 of the Administration for Community Liv18 ing’’; 

19 (ii) in paragraph (2), by striking ‘‘The 

20 Assistant Secretary’’ and all that follows 

21 and inserting ‘‘The Administrator of the 

22 Administration for Community Living shall 

23 consult with the Office of Special Education 

24 Programs of the Department of Education, 

25 the Rehabilitation Services Administration 
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1 of the Department of Education, the Office 

2 of Disability Employment Policy of the De3 partment of Labor, the National Institute 

4 on Disability, Independent Living, and Re5 habilitation Research, and other appro6 priate Federal entities in the administra7 tion of this Act.’’; and 

8 (iii) in paragraph (3), by striking ‘‘the 

9 Rehabilitation Services Administration’’ 

10 and inserting ‘‘the Administrator of the Ad11 ministration for Community Living’’; and 

12 (B) in subsection (c)(5), by striking ‘‘Edu13 cation’’ and inserting ‘‘Health and Human 

14 Services’’. 

15 SEC. 492. TABLE OF CONTENTS. 

16 The table of contents in section 1(b) is amended— 

17 (1) by striking the item relating to section 109 

18 and inserting the following: 

‘‘Sec. 109. Training and services for employers.’’; 

19 (2) by inserting after the item relating to section 

20 112 the following: 

‘‘Sec. 113. Provision of pre-employment transition services.’’; 

21 (3) by striking the item relating to section 202 

22 and inserting the following: 

‘‘Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research.’’; 
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1 (4) by striking the item relating to section 205 

2 and inserting the following: 

‘‘Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

‘‘Sec. 206. Definition of covered school.’’; 

3 (5) by striking the items relating to sections 304, 

4 305, and 306 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’. 

5 (6) by inserting after the item relating to section 

6 509 the following: 

‘‘Sec. 511. Limitations on use of subminimum wage.’’; 

7 (7) by striking the items relating to title VI and 

8 inserting the following: 

‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH 

DISABILITIES 

‘‘Sec. 601. Short title. 

‘‘Sec. 602. Purpose. 

‘‘Sec. 603. Allotments. 

‘‘Sec. 604. Availability of services. 

‘‘Sec. 605. Eligibility. 

‘‘Sec. 606. State plan. 

‘‘Sec. 607. Restriction. 

‘‘Sec. 608. Savings provision. 

‘‘Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. 

‘‘Sec. 610. Authorization of appropriations.’’; and 

9 (8) in the items relating to title VII— 

10 (A)(i) by inserting after the item relating to 

11 section 701 the following: 

‘‘Sec. 701A. Administration of the independent living program.’’; 

12 and 

13 (ii) by striking the item relating to section 

14 706 and inserting the following: 

‘‘Sec. 706. Responsibilities of the Administrator.’’; 
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1 (B) by inserting after the item relating to 

2 section 711 the following: 

‘‘Sec. 711A. Training and technical assistance.’’; 

3 and 

4 (C) by inserting after the item relating to 

5 section 751 the following: 

‘‘Sec. 751A. Training and technical assistance.’’. 

6 TITLE V—GENERAL PROVISIONS 

7 Subtitle A—Workforce Investment 

8 SEC. 501. PRIVACY. 

9 (a) SECTION 444 OF THE GENERAL EDUCATION PRO10 VISIONS ACT.—Nothing in this Act (including the amend11 ments made by this Act) shall be construed to supersede the 

12 privacy protections afforded parents and students under 

13 section 444 of the General Education Provisions Act (20 

14 U.S.C. 1232g). 

15 (b) PROHIBITION ON DEVELOPMENT OF NATIONAL

16 DATABASE.— 

17 (1) IN GENERAL.—Nothing in this Act (includ18 ing the amendments made by this Act) shall be con19 strued to permit the development of a national data20 base of personally identifiable information on indi21 viduals receiving services under title I or under the 

22 amendments made by title IV. 

23 (2) LIMITATION.—Nothing in paragraph (1) 

24 shall be construed to prevent the proper administra-
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1 tion of national programs under subtitles C and D of 

2 title I, or the amendments made by title IV (as the 

3 case may be), or to carry out program management 

4 activities consistent with title I or the amendments 

5 made by title IV (as the case may be). 

6 SEC. 502. BUY-AMERICAN REQUIREMENTS. 

7 (a) COMPLIANCE WITH BUY AMERICAN ACT.—None of 

8 the funds made available under title I or II or under the 

9 Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be expended 

10 by an entity unless the entity agrees that in expending the 

11 funds the entity will comply with sections 8301 through 

12 8303 of title 41, United States Code (commonly known as 

13 the ‘‘Buy American Act’’). 

14 (b) SENSE OF CONGRESS; REQUIREMENT REGARDING

15 NOTICE.— 

16 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

17 AND PRODUCTS.—In the case of any equipment or 

18 product that may be authorized to be purchased with 

19 financial assistance provided using funds made avail20 able under title I or II or under the Wagner-Peyser 

21 Act (29 U.S.C. 49 et seq.), it is the sense of Congress 

22 that entities receiving the assistance should, in ex23 pending the assistance, purchase only American-made 

24 equipment and products. 
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1 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In 

2 providing financial assistance using funds made 

3 available under title I or II or under the Wagner4 Peyser Act, the head of each Federal agency shall pro5 vide to each recipient of the assistance a notice de6 scribing the statement made in paragraph (1) by 

7 Congress. 

8 (c) PROHIBITION OF CONTRACTS WITH PERSONS

9 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.— 

10 If it has been finally determined by a court or Federal agen11 cy that any person intentionally affixed a label bearing a 

12 ‘‘Made in America’’ inscription, or any inscription with 

13 the same meaning, to any product sold in or shipped to 

14 the United States that is not made in the United States, 

15 the person shall be ineligible to receive any contract or sub16 contract made with funds made available under title I or 

17 II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), 

18 pursuant to the debarment, suspension, and ineligibility 

19 procedures described in sections 9.400 through 9.409 of title 

20 48, Code of Federal Regulations, as such sections were in 

21 effect on August 7, 1998, or pursuant to any successor regu22 lations. 

23 SEC. 503. TRANSITION PROVISIONS. 

24 (a) WORKFORCE DEVELOPMENT SYSTEMS AND IN25 VESTMENT ACTIVITIES.—The Secretary of Labor and the 
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1 Secretary of Education shall take such actions as the Secre2 taries determine to be appropriate to provide for the orderly 

3 transition from any authority under the Workforce Invest4 ment Act of 1998 (29 U.S.C. 2801 et seq.) to any authority 

5 under subtitle A of title I. Such actions shall include the 

6 provision of guidance related to unified State planning, 

7 combined State planning, and the performance account8 ability system described in such subtitle. 

9 (b) WORKFORCE INVESTMENT ACTIVITIES.—The Sec10 retary of Labor shall take such actions as the Secretary de11 termines to be appropriate to provide for the orderly transi12 tion from any authority under the Workforce Investment 

13 Act of 1998 to any authority under subtitles B through E 

14 of title I. 

15 (c) ADULT EDUCATION AND LITERACY PROGRAMS.— 

16 The Secretary of Education shall take such actions as the 

17 Secretary determines to be appropriate to provide for the 

18 orderly transition from any authority under the Adult Edu19 cation and Family Literacy Act (20 U.S.C. 9201 et seq.), 

20 as in effect on the day before the date of enactment of this 

21 Act, to any authority under the Adult Education and Fam22 ily Literacy Act, as amended by this Act. 

23 (d) EMPLOYMENT SERVICES ACTIVITIES.—The Sec24 retary of Labor shall take such actions as the Secretary de25 termines to be appropriate to provide for the orderly transi-
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1 tion from any authority under the Wagner-Peyser Act (29 

2 U.S.C. 49 et seq.), as in effect on the day before the date 

3 of enactment of this Act, to any authority under the Wag4 ner-Peyser Act, as amended by this Act. 

5 (e) VOCATIONAL REHABILITATION PROGRAMS.—The 

6 Secretary of Education and the Secretary of Health and 

7 Human Services shall take such actions as the Secretaries 

8 determine to be appropriate to provide for the orderly tran9 sition from any authority under the Rehabilitation Act of 

10 1973 (29 U.S.C. 701 et seq.), as in effect on the day before 

11 the date of enactment of this Act, to any authority under 

12 the Rehabilitation Act of 1973, as amended by this Act. 

13 (f) REGULATIONS.— 

14 (1) PROPOSED REGULATIONS.—Not later than 

15 180 days after the date of enactment of this Act, the 

16 Secretary of Labor, the Secretary of Education, and 

17 the Secretary of Health and Human Services, as ap18 propriate, shall develop and publish in the Federal 

19 Register proposed regulations relating to the transi20 tion to, and implementation of, this Act (including 

21 the amendments made by this Act). 

22 (2) FINAL REGULATIONS.—Not later than 18 

23 months after the date of enactment of this Act, the 

24 Secretaries described in paragraph (1), as appro25 priate, shall develop and publish in the Federal Reg-
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1 ister final regulations relating to the transition to, 

2 and implementation of, this Act (including the 

3 amendments made by this Act). 

4 (g) EXPENDITURE OF FUNDS DURING TRANSITION.— 

5 (1) IN GENERAL.—Subject to paragraph (2) and 

6 in accordance with regulations developed under sub7 section (f), States, grant recipients, administrative 

8 entities, and other recipients of financial assistance 

9 under the Workforce Investment Act of 1998 may ex10 pend funds received under such Act in order to plan 

11 and implement programs and activities authorized 

12 under this Act. 

13 (2) ADDITIONAL REQUIREMENTS.—Not more 

14 than 2 percent of any allotment to any State from 

15 amounts appropriated under the Workforce Invest16 ment Act of 1998 for fiscal year 2014 may be made 

17 available to carry out activities authorized under 

18 paragraph (1) and not less than 50 percent of any 

19 amount used to carry out activities authorized under 

20 paragraph (1) shall be made available to local entities 

21 for the purposes of the activities described in such 

22 paragraph. 
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1 SEC. 504. REDUCTION OF REPORTING BURDENS AND RE2 QUIREMENTS. 

3 In order to simplify reporting requirements and reduce 

4 reporting burdens, the Secretary of Labor, the Secretary of 

5 Education, and the Secretary of Health and Human Serv6 ices shall establish procedures and criteria under which a 

7 State board and local board may reduce reporting burdens 

8 and requirements under this Act (including the amend9 ments made by this Act). 

10 SEC. 505. REPORT ON DATA CAPABILITY OF FEDERAL AND 

11 STATE DATABASES AND DATA EXCHANGE 

12 AGREEMENTS. 

13 (a) IN GENERAL.—The Comptroller General of the 

14 United States shall prepare and submit an interim report 

15 and a final report to Congress regarding existing Federal 

16 and State databases and data exchange agreements, as of 

17 the date of the report, that contain job training information 

18 relevant to the administration of programs authorized 

19 under this Act and the amendments made by this Act. 

20 (b) REQUIREMENTS.—The report required under sub21 section (a) shall— 

22 (1) list existing Federal and State databases and 

23 data exchange agreements described in subsection (a) 

24 and, for each, describe— 

25 (A) the purposes of the database or agree26 ment; 
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1 (B) the data elements, such as wage and 

2 employment outcomes, contained in the database 

3 or accessible under the agreement; 

4 (C) the data elements described in subpara5 graph (B) that are shared between States; 

6 (D) the Federal and State workforce train7 ing programs from which each Federal and State 

8 database derives the data elements described in 

9 subparagraph (B); 

10 (E) the number and type of Federal and 

11 State agencies having access to such data; 

12 (F) the number and type of private research 

13 organizations having access to, through grants, 

14 contracts, or other agreements, such data; and 

15 (G) whether the database or data exchange 

16 agreement provides for opt-out procedures for in17 dividuals whose data is shared through the data18 base or data exchange agreement; 

19 (2) study the effects that access by State work20 force agencies and the Secretary of Labor to the data21 bases and data exchange agreements described in sub22 section (a) would have on efforts to carry out this Act 

23 and the amendments made by this Act, and on indi24 vidual privacy; 
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1 (3) explore opportunities to enhance the quality, 

2 reliability, and reporting frequency of the data in3 cluded in such databases and data exchange agree4 ments; 

5 (4) describe, for each database or data exchange 

6 agreement considered by the study described in sub7 section (a), the number of individuals whose data is 

8 contained in each database or accessible through the 

9 data agreement, and the specific data elements con10 tained in each that could be used to personally iden11 tify an individual; 

12 (5) include the number of data breaches having 

13 occurred since 2004 to data systems administered by 

14 Federal and State agencies; 

15 (6) include the number of data breaches regard16 ing any type of personal data having occurred since 

17 2004 to private research organizations with whom 

18 Federal and State agencies contract for studies; and 

19 (7) include a survey of the security protocols 

20 used for protecting personal data, including best 

21 practices shared amongst States for access to, and ad22 ministration of, data elements stored and rec23 ommendations for improving security protocols for 

24 the safe warehousing of data elements. 

25 (c) TIMING OF REPORTS.— 
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1 (1) INTERIM REPORT.—Not later than 1 year 

2 after the date of enactment of this Act, the Comp3 troller General shall prepare and submit to Congress 

4 an interim report regarding the initial findings of the 

5 report required under this section. 

6 (2) FINAL REPORT.—Not later than 18 months 

7 after the date of enactment of this Act, the Comp8 troller General shall prepare and submit to Congress 

9 the final report required under this section. 

10 SEC. 506. EFFECTIVE DATES. 

11 (a) IN GENERAL.—Except as otherwise provided in 

12 this Act, this Act, including the amendments made by this 

13 Act, shall take effect on the first day of the first full program 

14 year after the date of enactment of this Act. 

15 (b) APPLICATION DATE FOR WORKFORCE DEVELOP16 MENT PERFORMANCE ACCOUNTABILITY SYSTEM.— 

17 (1) IN GENERAL.—Section 136 of the Workforce 

18 Investment Act of 1998 (29 U.S.C. 2871), as in effect 

19 on the day before the date of enactment of this Act, 

20 shall apply in lieu of section 116 of this Act, for the 

21 first full program year after the date of enactment of 

22 this Act. 

23 (2) SPECIAL PROVISIONS.—For purposes of the 

24 application described in paragraph (1)— 
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1 (A) except as otherwise specified, a reference 

2 in section 136 of the Workforce Investment Act 

3 of 1998 to a provision in such Act (29 U.S.C. 

4 2801 et seq.), other than to a provision in such 

5 section or section 112 of such Act, shall be 

6 deemed to refer to the corresponding provision of 

7 this Act; 

8 (B) the terms ‘‘local area’’, ‘‘local board’’, 

9 ‘‘one-stop partner’’, and ‘‘State board’’ have the 

10 meanings given the terms in section 3 of this 

11 Act; 

12 (C) except as provided in subparagraph 

13 (B), terms used in such section 136 shall have 

14 the meanings given the terms in section 101 of 

15 the Workforce Investment Act of 1998 (29 U.S.C. 

16 2801); 

17 (D) any agreement negotiated and reached 

18 under section 136(c)(2) of the Workforce Invest19 ment Act of 1998 (29 U.S.C. 2871(c)(2)) shall 

20 remain in effect, until a new agreement is so ne21 gotiated and reached, for that first full program 

22 year; 

23 (E) if a State or local area fails to meet lev24 els of performance under subsection (g) or (h), 

25 respectively, of section 136 of the Workforce In-
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1 vestment Act of 1998 during that first full pro2 gram year, the sanctions provided under such 

3 subsection shall apply during the second full pro4 gram year after the date of enactment of this 

5 Act; and 

6 (F) the Secretary shall use an amount re7 tained, as a result of a reduction in an allotment 

8 to a State made under section 136(g)(1)(B) of 

9 such Act (29 U.S.C. 2871(g)(1)(B)), to provide 

10 technical assistance as described in subsections 

11 (f)(1) and (g)(1) of section 116 of this Act, in 

12 lieu of incentive grants under section 503 of the 

13 Workforce Investment Act of 1998 (20 U.S.C. 

14 9273) as provided in section 136(g)(2) of such 

15 Act (29 U.S.C. 2871(g)(2)). 

16 (c) APPLICATION DATE FOR STATE AND LOCAL PLAN

17 PROVISIONS.— 

18 (1) IMPLEMENTATION.—Sections 112 and 118 of 

19 the Workforce Investment Act of 1998 (29 U.S.C. 

20 2822, 2833), as in effect on the day before the date 

21 of enactment of this Act, shall apply to implementa22 tion of State and local plans, in lieu of sections 102 

23 and 103, and section 108, respectively, of this Act, for 

24 the first full program year after the date of enactment 

25 of this Act. 
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1 (2) SPECIAL PROVISIONS.—For purposes of the 

2 application described in paragraph (1)— 

3 (A) except as otherwise specified, a reference 

4 in section 112 or 118 of the Workforce Invest5 ment Act of 1998 to a provision in such Act (29 

6 U.S.C. 2801 et seq.), other than to a provision 

7 in or to either such section or to section 136 of 

8 such Act, shall be deemed to refer to the cor9 responding provision of this Act; 

10 (B) the terms ‘‘local area’’, ‘‘local board’’, 

11 ‘‘one-stop partner’’, and‘‘State board’’ have the 

12 meanings given the terms in section 3 of this 

13 Act; 

14 (C) except as provided in subparagraph 

15 (B), terms used in such section 112 or 118 shall 

16 have the meanings given the terms in section 101 

17 of the Workforce Investment Act of 1998 (29 

18 U.S.C. 2801); and 

19 (D) section 112(b)(18)(D) of the Workforce 

20 Investment Act of 1998 (29 U.S.C. 

21 2822(b)(18)(D)) shall not apply. 

22 (3) SUBMISSION.—Sections 102, 103, and 108 of 

23 this Act shall apply to plans for the second full pro24 gram year after the date of enactment, including the 
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1 development, submission, and approval of such plans 

2 during the first full program year after such date. 

3 (d) DISABILITY PROVISIONS.—Except as otherwise 

4 provided in title IV of this Act, title IV, and the amend5 ments made by title IV, shall take effect on the date of enact6 ment of this Act. 

7 Subtitle B—Amendments to Other 

8 Laws 

9 SEC. 511. REPEAL OF THE WORKFORCE INVESTMENT ACT 

10 OF 1998. 

11 (a) WORKFORCE INVESTMENT ACT OF 1998.—The 

12 Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) 

13 is repealed. 

14 (b) GRANTS TO STATES FOR WORKPLACE AND COMMU15 NITY TRANSITION TRAINING FOR INCARCERATED INDIVID16 UALS.—Section 821 of the Higher Education Amendments 

17 of 1998 (20 U.S.C. 1151) is repealed. 

18 SEC. 512. CONFORMING AMENDMENTS. 

19 (a) AMERICAN COMPETITIVENESS AND WORKFORCE

20 IMPROVEMENT ACT OF 1998.—Section 414(c)(3)(C) of the 

21 American Competitiveness and Workforce Improvement Act 

22 of 1998 (29 U.S.C. 2916a(3)(C)) is amended by striking 

23 ‘‘entities involved in administering the workforce invest24 ment system established under title I of the Workforce In25 vestment Act of 1998’’ and inserting ‘‘entities involved in 
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1 administering the workforce development system, as defined 

2 in section 3 of the Workforce Innovation and Opportunity 

3 Act’’. 

4 (b) ASSISTIVE TECHNOLOGY ACT OF 1998.—The As5 sistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is 

6 amended as follows: 

7 (1) Section 3(1)(C) of such Act (29 U.S.C. 

8 3002(1)(C)) is amended by striking ‘‘such as a one9 stop partner, as defined in section 101 of the Work10 force Investment Act of 1998 (29 U.S.C. 2801)’’ and 

11 inserting ‘‘such as a one-stop partner, as defined in 

12 section 3 of the Workforce Innovation and Oppor13 tunity Act’’. 

14 (2) Section 4 of such Act (29 U.S.C. 3003) is 

15 amended— 

16 (A) in subsection (c)(2)(B)(i)(IV), by strik17 ing ‘‘a representative of the State workforce in18 vestment board established under section 111 of 

19 the Workforce Investment Act of 1998 (29 U.S.C. 

20 2821)’’ and inserting ‘‘a representative of the 

21 State workforce development board established 

22 under section 101 of the Workforce Innovation 

23 and Opportunity Act’’; and 

24 (B) in subsection (e)— 
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1 (i) in paragraph (2)(D)(i), by striking 

2 ‘‘such as one-stop partners, as defined in 

3 section 101 of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2801),’’ and inserting 

5 ‘‘such as one-stop partners, as defined in 

6 section 3 of the Workforce Innovation and 

7 Opportunity Act,’’; and 

8 (ii) in paragraph (3)(B)(ii)(I)(aa), by 

9 striking ‘‘with entities in the statewide and 

10 local workforce investment systems estab11 lished under the Workforce Investment Act 

12 of 1998 (29 U.S.C. 2801 et seq.),’’ and in13 serting ‘‘with entities in the statewide and 

14 local workforce development systems estab15 lished under the Workforce Innovation and 

16 Opportunity Act,’’. 

17 (c) ALASKA NATURAL GAS PIPELINE ACT.—Section 

18 113(a)(2) of the Alaska Natural Gas Pipeline Act (15 

19 U.S.C. 720k(a)(2)) is amended by striking ‘‘consistent with 

20 the vision and goals set forth in the State of Alaska Unified 

21 Plan, as developed pursuant to the Workforce Investment 

22 Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘con23 sistent with the vision and goals set forth in the State of 

24 Alaska unified plan or combined plan, as appropriate, as 
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1 developed pursuant to section 102 or 103, as appropriate, 

2 of the Workforce Innovation and Opportunity Act’’. 

3 (d) ATOMIC ENERGY DEFENSE ACT.—Section 

4 4604(c)(6)(A) of the Atomic Energy Defense Act (50 U.S.C. 

5 2704(c)(6)(A)) is amended by striking ‘‘programs carried 

6 out by the Secretary of Labor under the Job Training Part7 nership Act or title I of the Workforce Investment Act of 

8 1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘programs 

9 carried out by the Secretary of Labor under title I of the 

10 Workforce Innovation and Opportunity Act’’. 

11 (e) CARL D. PERKINS CAREER AND TECHNICAL EDU12 CATION ACT OF 2006.—The Carl D. Perkins Career and 

13 Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 

14 is amended as follows: 

15 (1) Section 118(d)(2) of such Act (20 U.S.C. 

16 2328(d)(2)) is amended— 

17 (A) in the paragraph heading, by striking 

18 ‘‘PUBLIC LAW 105–220’’ and inserting ‘‘WORK19 FORCE INNOVATION AND OPPORTUNITY ACT’’; and 

20 (B) by striking ‘‘functions and activities 

21 carried out under Public Law 105–220’’ and in22 serting ‘‘functions and activities carried out 

23 under the Workforce Innovation and Oppor24 tunity Act’’. 
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1 (2) Section 121(a)(4) of such Act (20 U.S.C. 

2 2341(a)(4)) is amended— 

3 (A) in subparagraph (A), by striking ‘‘ac4 tivities undertaken by the State boards under 

5 section 111 of Public Law 105–220’’ and insert6 ing ‘‘activities undertaken by the State boards 

7 under section 101 of the Workforce Innovation 

8 and Opportunity Act’’; and 

9 (B) in subparagraph (B), by striking ‘‘the 

10 service delivery system under section 121 of Pub11 lic Law 105–220’’ and inserting ‘‘the one-stop 

12 delivery system under section 121 of the Work13 force Innovation and Opportunity Act’’. 

14 (3) Section 122 of such Act (20 U.S.C. 2342) is 

15 amended— 

16 (A) in subsection (b)(1)(A)(viii), by striking 

17 ‘‘entities participating in activities described in 

18 section 111 of Public Law 105–220’’ and insert19 ing ‘‘entities participating in activities described 

20 in section 101 of the Workforce Innovation and 

21 Opportunity Act’’; 

22 (B) in subsection (c)(20), by striking ‘‘the 

23 description and information specified in sections 

24 112(b)(8) and 121(c) of Public Law 105–220 

25 concerning the provision of services only for post-
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1 secondary students and school dropouts’’ and in2 serting ‘‘the description and information speci3 fied in subparagraphs (B) and (C)(iii) of section 

4 102(b)(2), and, as appropriate, section 

5 103(b)(3)(A), and section 121(c), of the Work6 force Innovation and Opportunity Act con7 cerning the provision of services only for postsec8 ondary students and school dropouts’’; and 

9 (C) in subsection (d)(2)— 

10 (i) in the paragraph heading, by strik11 ing ‘‘501 PLAN’’ and inserting ‘‘COMBINED

12 PLAN’’; and 

13 (ii) by striking ‘‘as part of the plan 

14 submitted under section 501 of Public Law 

15 105–220’’ and inserting ‘‘as part of the 

16 plan submitted under section 103 of the 

17 Workforce Innovation and Opportunity 

18 Act’’. 

19 (4) Section 124(c)(13) of such Act (20 U.S.C. 

20 2344(c)(13)) is amended by striking ‘‘such as through 

21 referral to the system established under section 121 of 

22 Public Law 105–220’’ and inserting ‘‘such as through 

23 referral to the system established under section 121 of 

24 the Workforce Innovation and Opportunity Act’’. 
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1 (5) Section 134(b)(5) of such Act (20 U.S.C. 

2 2354(b)(5)) is amended by striking ‘‘entities partici3 pating in activities described in section 117 of Public 

4 Law 105–220 (if applicable)’’ and inserting ‘‘entities 

5 participating in activities described in section 107 of 

6 the Workforce Innovation and Opportunity Act (if 

7 applicable)’’. 

8 (6) Section 135(c)(16) of such Act (20 U.S.C. 

9 2355(c)(16)) is amended by striking ‘‘such as through 

10 referral to the system established under section 121 of 

11 Public Law 105–220 (29 U.S.C. 2801 et seq.)’’ and 

12 inserting ‘‘such as through referral to the system es13 tablished under section 121 of the Workforce Innova14 tion and Opportunity Act’’. 

15 (7) Section 321(b)(1) of such Act (20 U.S.C. 

16 2411(b)(1)) is amended by striking ‘‘Chapters 4 and 

17 5 of subtitle B of title I of Public Law 105–220’’ and 

18 inserting ‘‘Chapters 2 and 3 of subtitle B of title I 

19 of the Workforce Innovation and Opportunity Act’’. 

20 (f) COMMUNITY SERVICES BLOCK GRANT ACT.—Sec21 tion 676(b)(5) of the Community Services Block Grant Act 

22 (42 U.S.C. 9908(b)(5)) is amended by striking ‘‘the eligible 

23 entities will coordinate the provision of employment and 

24 training activities, as defined in section 101 of such Act, 

25 in the State and in communities with entities providing 
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1 activities through statewide and local workforce investment 

2 systems under the Workforce Investment Act of 1998’’ and 

3 inserting ‘‘the eligible entities will coordinate the provision 

4 of employment and training activities, as defined in section 

5 3 of the Workforce Innovation and Opportunity Act, in the 

6 State and in communities with entities providing activities 

7 through statewide and local workforce development systems 

8 under such Act’’. 

9 (g) COMPACT OF FREE ASSOCIATION AMENDMENTS

10 ACT OF 2003.—The Compact of Free Association Amend11 ments Act of 2003 (48 U.S.C. 1921 et seq.) is amended as 

12 follows: 

13 (1) Section 105(f)(1)(B)(iii) of such Act (48 

14 U.S.C. 1921d(f)(1)(B)(iii)) is amended by striking 

15 ‘‘title I of the Workforce Investment Act of 1998 (29 

16 U.S.C. 2801 et seq.), other than subtitle C of that Act 

17 (29 U.S.C. 2881 et seq.) (Job Corps), title II of the 

18 Workforce Investment Act of 1998 (20 U.S.C. 9201 et 

19 seq.; commonly known as the Adult Education and 

20 Family Literacy Act),’’ and inserting ‘‘titles I (other 

21 than subtitle C) and II of the Workforce Innovation 

22 and Opportunity Act,’’. 

23 (2) Section 108(a) of such Act (48 U.S.C. 

24 1921g(a)) is amended by striking ‘‘subtitle C of title 

25 I of the Workforce Investment Act of 1998 (29 U.S.C. 
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1 2881 et seq.; relating to Job Corps)’’ and inserting 

2 ‘‘subtitle C of title I of the Workforce Innovation and 

3 Opportunity Act (relating to Job Corps)’’. 

4 (h) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.— 

5 Section 103(d) of the Domestic Volunteer Service Act of 

6 1973 (42 U.S.C. 4953(d)) is amended by striking ‘‘employ7 ment.’’ and all that follows and inserting the following: 

8 ‘‘employment. Whenever feasible, such efforts shall be coordi9 nated with an appropriate local workforce development 

10 board established under section 107 of the Workforce Inno11 vation and Opportunity Act.’’. 

12 (i) ELEMENTARY AND SECONDARY EDUCATION ACT OF

13 1965.—The Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 6301 et seq.) is amended as follows: 

15 (1) Section 1203(c)(2)(A) of such Act (20 U.S.C. 

16 6363(c)(2)(A)) is amended— 

17 (A) by striking ‘‘, in consultation with the 

18 National Institute for Literacy,’’; and 

19 (B) by striking clause (ii); and 

20 (C) by redesignating clauses (iii) and (iv) 

21 as clauses (ii) and (iii), respectively. 

22 (2) Section 1235(9)(B) of such Act (20 U.S.C. 

23 6381d(9)(B)) is amended by striking ‘‘any relevant 

24 programs under the Adult Education and Family 

25 Literacy Act, the Individuals with Disabilities Edu-
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1 cation Act, and title I of the Workforce Investment 

2 Act of 1998’’ and inserting ‘‘any relevant programs 

3 under the Adult Education and Family Literacy Act, 

4 the Individuals with Disabilities Education Act, and 

5 title I of the Workforce Innovation and Opportunity 

6 Act’’. 

7 (3) Section 1423(9) of such Act (20 U.S.C. 

8 6453(9)) is amended by striking ‘‘a description of 

9 how the program under this subpart will be coordi10 nated with other Federal, State, and local programs, 

11 such as programs under title I of Public Law 105– 

12 220’’ and inserting ‘‘a description of how the program 

13 under this subpart will be coordinated with other 

14 Federal, State, and local programs, such as programs 

15 under title I of the Workforce Innovation and Oppor16 tunity Act’’. 

17 (4) Section 1425(9) of such Act (20 U.S.C. 

18 6455(9)) is amended by striking ‘‘coordinate funds re19 ceived under this subpart with other local, State, and 

20 Federal funds available to provide services to partici21 pating children and youth, such as funds made avail22 able under title I of Public Law 105–220,’’ and in23 serting ‘‘coordinate funds received under this subpart 

24 with other local, State, and Federal funds available to 

25 provide services to participating children and youth, 
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1 such as funds made available under title I of the 

2 Workforce Innovation and Opportunity Act,’’. 

3 (5) Section 7202(13)(H) of such Act (20 U.S.C. 

4 7512(13)(H)) is amended by striking ‘‘the Workforce 

5 Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and 

6 inserting ‘‘the Workforce Innovation and Opportunity 

7 Act’’. 

8 (j) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF

9 1984.—Section 2(a) of the Environmental Programs Assist10 ance Act of 1984 (42 U.S.C. 4368a(a)) is amended by strik11 ing ‘‘Funding for such grants or agreements may be made 

12 available from such programs or through title V of the Older 

13 Americans Act of 1965 and subtitle D of title I of the Work14 force Investment Act of 1998’’ and inserting ‘‘Funding for 

15 such grants or agreements may be made available from such 

16 programs or through title V of the Older Americans Act of 

17 1965 and subtitle D of title I of the Workforce Innovation 

18 and Opportunity Act’’. 

19 (k) ENERGY CONSERVATION AND PRODUCTION ACT.— 

20 Section 414(b)(3) of the Energy Conservation and Produc21 tion Act (42 U.S.C. 6864(b)(3)) is amended by striking ‘‘se22 curing, to the maximum extent practicable, the services of 

23 volunteers and training participants and public service em24 ployment workers, pursuant to title I of the Workforce In25 vestment Act of 1998’’ and inserting ‘‘securing, to the max-
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1 imum extent practicable, the services of volunteers and 

2 training participants and public service employment work3 ers, pursuant to title I of the Workforce Innovation and Op4 portunity Act’’. 

5 (l) FOOD AND NUTRITION ACT OF 2008.—The Food 

6 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amend7 ed as follows: 

8 (1) Section 5(l) of such Act (7 U.S.C. 2014(l)) is 

9 amended by striking ‘‘Notwithstanding section 

10 181(a)(2) of the Workforce Investment Act of 1998, 

11 earnings to individuals participating in on-the-job12 training under title I of the Workforce Investment Act 

13 of 1998’’ and inserting ‘‘Notwithstanding section 

14 181(a)(2) of the Workforce Innovation and Oppor15 tunity Act, earnings to individuals participating in 

16 on-the-job training under title I of such Act’’. 

17 (2) Section 6 of such Act (7 U.S.C. 2015) is 

18 amended— 

19 (A) in subsection (d)(4)(M), by striking 

20 ‘‘activities under title I of the Workforce Invest21 ment Act of 1998’’ and inserting ‘‘activities 

22 under title I of the Workforce Innovation and 

23 Opportunity Act’’; 

24 (B) in subsection (e)(3)(A), by striking ‘‘a 

25 program under title I of the Workforce Invest-
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1 ment Act of 1998’’ and inserting ‘‘a program 

2 under title I of the Workforce Innovation and 

3 Opportunity Act’’; and 

4 (C) in subsection (o)(1)(A), by striking ‘‘a 

5 program under the title I of the Workforce In6 vestment Act of 1998’’ and inserting ‘‘a program 

7 under title I of the Workforce Innovation and 

8 Opportunity Act’’. 

9 (3) Section 17(b)(2) of such Act (7 U.S.C. 

10 2026(b)(2)) is amended by striking ‘‘a program car11 ried out under title I of the Workforce Investment Act 

12 of 1998’’ and inserting ‘‘a program carried out under 

13 title I of the Workforce Innovation and Opportunity 

14 Act’’. 

15 (m) FULL EMPLOYMENT AND BALANCED GROWTH ACT

16 OF 1978.—Section 206 of the Full Employment and Bal17 anced Growth Act of 1978 (15 U.S.C. 3116) is amended— 

18 (1) in subsection (b), in the matter preceding 

19 paragraph (1), by striking ‘‘the Secretary of Labor 

20 shall, as appropriate, fully utilize the authority pro21 vided under the Job Training Partnership Act and 

22 title I of the Workforce Investment Act of 1998’’ and 

23 inserting ‘‘the Secretary of Labor shall, as appro24 priate, fully utilize the authority provided under title 
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1 I of the Workforce Innovation and Opportunity Act’’; 

2 and 

3 (2) in subsection (c)(1), by striking ‘‘the Presi4 dent shall, as may be authorized by law, establish res5 ervoirs of public employment and private nonprofit 

6 employment projects, to be approved by the Secretary 

7 of Labor, through expansion of title I of the Workforce 

8 Investment Act of 1998’’ and inserting ‘‘the President 

9 shall, as may be authorized by law, establish res10 ervoirs of public employment and private nonprofit 

11 employment projects, to be approved by the Secretary 

12 of Labor, through expansion of activities under title 

13 I of the Workforce Innovation and Opportunity Act’’. 

14 (n) HIGHER EDUCATION ACT OF 1965.—The Higher 

15 Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended 

16 as follows: 

17 (1) Section 418A of such Act (20 U.S.C. 1070d– 

18 2) is amended— 

19 (A) in subsection (b)(1)(B)(ii), by striking 

20 ‘‘section 167 of the Workforce Investment Act of 

21 1998’’ and inserting ‘‘section 167 of the Work22 force Innovation and Opportunity Act’’; and 

23 (B) in subsection (c)(1)(A), by striking ‘‘sec24 tion 167 of the Workforce Investment Act of 
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1 1998’’ and inserting ‘‘section 167 of the Work2 force Innovation and Opportunity Act’’. 

3 (2) Section 479(d)(1) of such Act (20 U.S.C. 

4 1087ss(d)(1)) is amended by striking ‘‘The term ‘dis5 located worker’ has the meaning given the term in 

6 section 101 of the Workforce Investment Act of 1998 

7 (29 U.S.C. 2801)’’ and inserting ‘‘The term ‘dis8 located worker’ has the meaning given the term in 

9 section 3 of the Workforce Innovation and Oppor10 tunity Act’’. 

11 (3) Section 479A(a) of such Act (20 U.S.C. 

12 1087tt(a)) is amended by striking ‘‘a dislocated work13 er (as defined in section 101 of the Workforce Invest14 ment Act of 1998)’’ and inserting ‘‘a dislocated work15 er (as defined in section 3 of the Workforce Innova16 tion and Opportunity Act)’’. 

17 (4) Section 480(b)(1)(I) of such Act (20 U.S.C. 

18 1087vv(b)(1)(I)) is amended by striking ‘‘benefits re19 ceived through participation in employment and 

20 training activities under title I of the Workforce In21 vestment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and 

22 inserting ‘‘benefits received through participation in 

23 employment and training activities under title I of 

24 the Workforce Innovation and Opportunity Act’’. 
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1 (5) Section 803 of such Act (20 U.S.C. 1161c) is 

2 amended— 

3 (A) in subsection (i)(1), by striking ‘‘for 

4 changes to this Act and related Acts, such as the 

5 Carl D. Perkins Career and Technical Education 

6 Act of 2006 and the Workforce Investment Act of 

7 1998 (including titles I and II), to help create 

8 and sustain business and industry workforce 

9 partnerships at institutions of higher education’’ 

10 and inserting ‘‘for changes to this Act and re11 lated Acts, such as the Carl D. Perkins Career 

12 and Technical Education Act of 2006 and the 

13 Workforce Innovation and Opportunity Act (in14 cluding titles I and II), to help create and sus15 tain business and industry workforce partner16 ships at institutions of higher education’’; and 

17 (B) in subsection (j)(1)— 

18 (i) in subparagraph (A)(ii), by strik19 ing ‘‘local board (as such term is defined in 

20 section 101 of the Workforce Investment Act 

21 of 1998 (29 U.S.C. 2801))’’ and inserting 

22 ‘‘local board (as such term is defined in sec23 tion 3 of the Workforce Innovation and Op24 portunity Act)’’; and 
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1 (ii) in subparagraph (B), by striking 

2 ‘‘a State board (as such term is defined in 

3 section 101 of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2801))’’ and inserting 

5 ‘‘a State board (as such term is defined in 

6 section 3 of the Workforce Innovation and 

7 Opportunity Act)’’. 

8 (6) Section 861(c)(1)(B) of such Act (20 U.S.C. 

9 1161q(c)(1)(B)) is amended by striking ‘‘local boards 

10 (as such term is defined in section 101 of the Work11 force Investment Act of 1998 (29 U.S.C. 2801))’’ and 

12 inserting ‘‘local boards (as such term is defined in 

13 section 3 of the Workforce Innovation and Oppor14 tunity Act)’’. 

15 (7) Section 872(b)(2)(E) of such Act (20 U.S.C. 

16 1161s(b)(2)(E)) is amended by striking ‘‘local boards 

17 (as defined in section 101 of the Workforce Investment 

18 Act of 1998 (29 U.S.C. 2801))’’ and inserting ‘‘local 

19 boards (as defined in section 3 of the Workforce Inno20 vation and Opportunity Act)’’. 

21 (o) HOUSING ACT OF 1949.—Section 504(c)(3) of the 

22 Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by 

23 striking ‘‘an insufficient number of volunteers and training 

24 participants and public service employment workers, as25 sisted pursuant to title I of the Workforce Investment Act 
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1 of 1998 or the Older American Community Service Em2 ployment Act,’’ and inserting ‘‘an insufficient number of 

3 volunteers and training participants and public service em4 ployment workers, assisted pursuant to title I of the Work5 force Innovation and Opportunity Act or the Community 

6 Service Senior Opportunities Act,’’. 

7 (p) HOUSING AND URBAN DEVELOPMENT ACT OF

8 1968.—Section 3 of the Housing and Urban Development 

9 Act of 1968 (12 U.S.C. 1701u) is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1)(B)(iii), by striking 

12 ‘‘participants in YouthBuild programs receiving 

13 assistance under section 173A of the Workforce 

14 Investment Act of 1998’’ and inserting ‘‘partici15 pants in YouthBuild programs receiving assist16 ance under section 171 of the Workforce Innova17 tion and Opportunity Act’’; and 

18 (B) in paragraph (2)(B), by striking ‘‘par19 ticipants in YouthBuild programs receiving as20 sistance under section 173A of the Workforce In21 vestment Act of 1998’’ and inserting ‘‘partici22 pants in YouthBuild programs receiving assist23 ance under section 171 of the Workforce Innova24 tion and Opportunity Act’’; and 

25 (2) in subsection (d)— 
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1 (A) in paragraph (1)(B)(iii), by striking 

2 ‘‘To YouthBuild programs receiving assistance 

3 under section 173A of the Workforce Investment 

4 Act of 1998’’ and inserting ‘‘To YouthBuild pro5 grams receiving assistance under section 171 of 

6 the Workforce Innovation and Opportunity Act’’; 

7 and 

8 (B) in paragraph (2)(B), by striking ‘‘to 

9 YouthBuild programs receiving assistance under 

10 section 173A of the Workforce Investment Act of 

11 1998’’ and inserting ‘‘to YouthBuild programs 

12 receiving assistance under section 171 of the 

13 Workforce Innovation and Opportunity Act’’. 

14 (q) IMMIGRATION AND NATIONALITY ACT.—Section 

15 245A(h)(4)(F) of the Immigration and Nationality Act (8 

16 U.S.C. 1255a(h)(4)(F)) is amended by striking ‘‘Title I of 

17 the Workforce Investment Act of 1998’’ and inserting ‘‘Title 

18 I of the Workforce Innovation and Opportunity Act’’. 

19 (r) INTERNAL REVENUE CODE OF 1986.—Section 

20 7527(e)(2) of the Internal Revenue Code of 1986 is amended 

21 by inserting ‘‘(as in effect on the day before the date of en22 actment of the Workforce Innovation and Opportunity 

23 Act)’’ after ‘‘of 1998’’. 

24 (s) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.— 

25 Section 103(c)(2) of the McKinney-Vento Homeless Assist-
772 

† HR 803 EAS 

1 ance Act (42 U.S.C. 11302(c)(2)) is amended by striking 

2 ‘‘a homeless individual shall be eligible for assistance under 

3 title I of the Workforce Investment Act of 1998’’ and insert4 ing ‘‘a homeless individual shall be eligible for assistance 

5 under title I of the Workforce Innovation and Opportunity 

6 Act’’. 

7 (t) MUSEUM AND LIBRARY SERVICES ACT.—The Mu8 seum and Library Services Act (20 U.S.C. 9101 et seq.) 

9 is amended as follows: 

10 (1) Section 204(f)(3) of such Act (20 U.S.C. 

11 9103(f)(3)) is amended by striking ‘‘activities under 

12 the Workforce Investment Act of 1998 (29 U.S.C. 2801 

13 et seq.) (including activities under section 134(c) of 

14 such Act) (29 U.S.C. 2864(c))’’ and inserting ‘‘activi15 ties under the Workforce Innovation and Opportunity 

16 Act (including activities under section 121(e) of such 

17 Act))’’. 

18 (2) Section 224(b)(6)(C) of such Act (20 U.S.C. 

19 9134(b)(6)(C)) is amended— 

20 (A) in clause (i), by striking ‘‘the activities 

21 carried out by the State workforce investment 

22 board under section 111(d) of the Workforce In23 vestment Act of 1998 (29 U.S.C. 2821(d))’’ and 

24 inserting ‘‘the activities carried out by the State 

25 workforce development board under section 101 
773 

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1 of the Workforce Innovation and Opportunity 

2 Act’’; and 

3 (B) in clause (ii), by striking ‘‘the State’s 

4 one-stop delivery system established under sec5 tion 134(c) of such Act (29 U.S.C. 2864(c))’’ and 

6 inserting ‘‘the State’s one-stop delivery system 

7 established under section 121(e) of such Act’’. 

8 (u) NATIONAL AND COMMUNITY SERVICE ACT OF

9 1990.—The National and Community Service Act of 1990 

10 (42 U.S.C. 12501 et seq.) is amended as follows: 

11 (1) Section 112(a)(3)(B) of such Act (42 U.S.C. 

12 12523(a)(3)(B)) is amended by striking ‘‘or who may 

13 participate in a Youthbuild program under section 

14 173A of the Workforce Investment Act of 1998 (29 

15 U.S.C. 2918a)’’ and inserting ‘‘or who may partici16 pate in a Youthbuild program under section 171 of 

17 the Workforce Innovation and Opportunity Act’’. 

18 (2) Section 199L(a) of such Act (42 U.S.C. 

19 12655m(a)) is amended by striking ‘‘coordinated with 

20 activities supported with assistance made available 

21 under programs administered by the heads of such 

22 agencies (including title I of the Workforce Investment 

23 Act of 1998)’’ and inserting ‘‘coordinated with activi24 ties supported with assistance made available under 

25 programs administered by the heads of such agencies 
774 

† HR 803 EAS 

1 (including title I of the Workforce Innovation and 

2 Opportunity Act)’’. 

3 (v) NATIONAL ENERGY CONSERVATION POLICY ACT.— 

4 Section 233 of the National Energy Conservation and Pol5 icy Act (42 U.S.C. 6873) is amended, in the matter pre6 ceding paragraph (1), by striking ‘‘a sufficient number of 

7 volunteers and training participants and public service em8 ployment workers, assisted pursuant to title I of the Work9 force Investment Act of 1998 and the Older American Com10 munity Service Employment Act’’ and inserting ‘‘a suffi11 cient number of volunteers and training participants and 

12 public service employment workers, assisted pursuant to 

13 title I of the Workforce Innovation and Opportunity Act 

14 and the Community Service Senior Opportunities Act’’. 

15 (w) OLDER AMERICANS ACT OF 1965.—The Older 

16 Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended 

17 as follows: 

18 (1) Section 203 of such Act (42 U.S.C. 3013) is 

19 amended— 

20 (A) in subsection (a)(2), by striking ‘‘In 

21 particular, the Secretary of Labor shall consult 

22 and cooperate with the Assistant Secretary in 

23 carrying out title I of the Workforce Investment 

24 Act of 1998’’ and inserting ‘‘In particular, the 

25 Secretary of Labor shall consult and cooperate 
775 

† HR 803 EAS 

1 with the Assistant Secretary in carrying out title 

2 I of the Workforce Innovation and Opportunity 

3 Act’’; and 

4 (B) in subsection (b)(1), by striking ‘‘title I 

5 of the Workforce Investment Act of 1998’’ and in6 serting ‘‘title I of the Workforce Innovation and 

7 Opportunity Act’’. 

8 (2) Section 321(a)(12) of such Act (42 U.S.C. 

9 3030d(a)(12)) is amended by striking ‘‘including pro10 grams carried out under the Workforce Investment 

11 Act of 1998 (29 U.S.C. 2801 et seq.)’’ and inserting 

12 ‘‘including programs carried out under the Workforce 

13 Innovation and Opportunity Act’’. 

14 (3) Section 502 of such Act (42 U.S.C. 3056) is 

15 amended— 

16 (A) in subsection (b)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (H), by strik19 ing ‘‘will coordinate activities with 

20 training and other services provided 

21 under title I of the Workforce Invest22 ment Act of 1998 (29 U.S.C. 2801 et 

23 seq.), including utilizing the one-stop 

24 delivery system of the local workforce 

25 investment areas involved’’ and insert-
776 

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1 ing ‘‘will coordinate activities with 

2 training and other services provided 

3 under title I of the Workforce Innova4 tion and Opportunity Act, including 

5 utilizing the one-stop delivery system 

6 of the local workforce development 

7 areas involved’’; 

8 (II) in subparagraph (O)— 

9 (aa) by striking ‘‘through the 

10 one-stop delivery system of the 

11 local workforce investment areas 

12 involved as established under sec13 tion 134(c) of the Workforce In14 vestment Act of 1998 (29 U.S.C. 

15 2864(c)),’’ and inserting ‘‘through 

16 the one-stop delivery system of the 

17 local workforce development areas 

18 involved as established under sec19 tion 121(e) of the Workforce Inno20 vation and Opportunity Act,’’; 

21 and 

22 (bb) by striking ‘‘and will be 

23 involved in the planning and op24 erations of such system pursuant 

25 to a memorandum of under-
777 

† HR 803 EAS 

1 standing with the local workforce 

2 investment board in accordance 

3 with section 121(c) of such Act 

4 (29 U.S.C. 2841(c))’’ and insert5 ing ‘‘and will be involved in the 

6 planning and operations of such 

7 system pursuant to a memo8 randum of understanding with 

9 the local workforce development 

10 board in accordance with section 

11 121(c) of such Act’’; and 

12 (III) in subparagraph (Q)— 

13 (aa) in clause (i), by striking 

14 ‘‘paragraph (8), relating to co15 ordination with other Federal 

16 programs, of section 112(b) of the 

17 Workforce Investment Act of 1998 

18 (29 U.S.C. 2822(b))’’ and insert19 ing ‘‘clauses (ii) and (viii) of 

20 paragraph (2)(B), relating to co21 ordination with other Federal 

22 programs, of section 102(b) of the 

23 Workforce Innovation and Oppor24 tunity Act’’; and 
778 

† HR 803 EAS 

1 (bb) in clause (ii), by strik2 ing ‘‘paragraph (14), relating to 

3 implementation of one-stop deliv4 ery systems, of section 112(b) of 

5 the Workforce Investment Act of 

6 1998’’ and inserting ‘‘paragraph 

7 (2)(C)(i), relating to implementa8 tion of one-stop delivery systems, 

9 of section 102(b) of the Workforce 

10 Innovation and Opportunity 

11 Act’’; and 

12 (ii) in paragraph (3)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘An assessment and service strat15 egy required by paragraph (1)(N) to be 

16 prepared for an eligible individual 

17 shall satisfy any condition for an as18 sessment and service strategy or indi19 vidual employment plan for an adult 

20 participant under subtitle B of title I 

21 of the Workforce Investment Act of 

22 1998 (29 U.S.C. 2811 et seq.), in order 

23 to determine whether such eligible indi24 vidual also qualifies for intensive or 

25 training services described in section 
779 

† HR 803 EAS 

1 134(d) of such Act (29 U.S.C. 

2 2864(d)).’’ and inserting ‘‘An assess3 ment and service strategy required by 

4 paragraph (1)(N) to be prepared for 

5 an eligible individual shall satisfy any 

6 condition for an assessment and service 

7 strategy or individual employment 

8 plan for an adult participant under 

9 subtitle B of title I of the Workforce In10 novation and Opportunity Act, in 

11 order to determine whether such eligi12 ble individual also qualifies for career 

13 or training services described in sec14 tion 134(c) of such Act.’’; and 

15 (II) in subparagraph (B)— 

16 (aa) in the subparagraph 

17 heading, by striking ‘‘WORKFORCE

18 INVESTMENT ACT OF 1998’’ and in19 serting ‘‘WORKFORCE INNOVATION

20 AND OPPORTUNITY ACT’’; and 

21 (bb) by striking ‘‘An assess22 ment and service strategy or indi23 vidual employment plan prepared 

24 under subtitle B of title I of the 

25 Workforce Investment Act of 1998 
780 

† HR 803 EAS 

1 (29 U.S.C. 2811 et seq.)’’ and in2 serting ‘‘An assessment and serv3 ice strategy or individual employ4 ment plan prepared under subtitle 

5 B of title I of the Workforce Inno6 vation and Opportunity Act’’; 

7 and 

8 (B) in subsection (e)(2)(B)(ii), by striking 

9 ‘‘one-stop delivery systems established under title 

10 I of the Workforce Investment Act of 1998 (29 

11 U.S.C. 2801 et seq.)’’ and inserting ‘‘one-stop de12 livery systems established under section 121(e) of 

13 the Workforce Innovation and Opportunity Act’’. 

14 (4) Section 503 of such Act (42 U.S.C. 3056a) is 

15 amended— 

16 (A) in subsection (a)— 

17 (i) in paragraph (2)(A), by striking 

18 ‘‘the State and local workforce investment 

19 boards established under title I of the Work20 force Investment Act of 1998 (29 U.S.C. 

21 2801 et seq.)’’ and inserting ‘‘the State and 

22 local workforce development boards estab23 lished under title I of the Workforce Innova24 tion and Opportunity Act’’; and 
781 

† HR 803 EAS 

1 (ii) in paragraph (4)(F), by striking 

2 ‘‘plans for facilitating the coordination of 

3 activities of grantees in the State under this 

4 title with activities carried out in the State 

5 under title I of the Workforce Investment 

6 Act of 1998 (29 U.S.C. 2801 et seq.)’’ and 

7 inserting ‘‘plans for facilitating the coordi8 nation of activities of grantees in the State 

9 under this title with activities carried out 

10 in the State under title I of the Workforce 

11 Innovation and Opportunity Act’’; and 

12 (B) in subsection (b)(2)(A), by striking 

13 ‘‘with the program carried out under the Work14 force Investment Act of 1998 (29 U.S.C. 2801 et 

15 seq.)’’ and inserting ‘‘with the program carried 

16 out under the Workforce Innovation and Oppor17 tunity Act’’. 

18 (5) Section 505(c)(1) (42 U.S.C. 3056c(c)(1)) of 

19 such Act is amended by striking ‘‘activities carried 

20 out under other Acts, especially activities provided 

21 under the Workforce Investment Act of 1998 (29 

22 U.S.C. 2801 et seq.), including activities provided 

23 through one-stop delivery systems established under 

24 section 134(c)) of such Act (29 U.S.C. 2864(c)),’’ and 

25 inserting ‘‘activities carried out under other Acts, es-
782 

† HR 803 EAS 

1 pecially activities provided under the Workforce Inno2 vation and Opportunity Act, including activities pro3 vided through one-stop delivery systems established 

4 under section 121(e) of such Act,’’. 

5 (6) Section 510 of such Act (42 U.S.C. 3056h) is 

6 amended— 

7 (A) by striking ‘‘by local workforce invest8 ment boards and one-stop operators established 

9 under title I of the Workforce Investment Act of 

10 1998 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘by 

11 local workforce development boards and one-stop 

12 operators established under title I of the Work13 force Innovation and Opportunity Act’’; and 

14 (B) by striking ‘‘such title I’’ and inserting 

15 ‘‘such title’’. 

16 (7) Section 511 of such Act (42 U.S.C. 3056i) is 

17 amended— 

18 (A) in subsection (a), by striking ‘‘Grantees 

19 under this title shall be one-stop partners as de20 scribed in subparagraphs (A) and (B)(vi) of sec21 tion 121(b)(1) of the Workforce Investment Act of 

22 1998 (29 U.S.C. 2841(b)(1)) in the one-stop de23 livery system established under section 134(c) of 

24 such Act (29 U.S.C. 2864(c)) for the appropriate 

25 local workforce investment areas’’ and inserting 
783 

† HR 803 EAS 

1 ‘‘Grantees under this title shall be one-stop part2 ners as described in subparagraphs (A) and 

3 (B)(v) of section 121(b)(1) of the Workforce Inno4 vation and Opportunity Act in the one-stop de5 livery system established under section 121(e) of 

6 such Act for the appropriate local workforce de7 velopment areas’’; and 

8 (B) in subsection (b)(2), by striking ‘‘be sig9 natories of the memorandum of understanding 

10 established under section 121(c) of the Workforce 

11 Investment Act of 1998 (29 U.S.C. 2841(c))’’ and 

12 inserting ‘‘be signatories of the memorandum of 

13 understanding established under section 121(c) of 

14 the Workforce Innovation and Opportunity Act’’. 

15 (8) Section 518(b)(2)(F) of such Act (42 U.S.C. 

16 3056p(b)(2)(F)) is amended by striking ‘‘has failed to 

17 find employment after utilizing services provided 

18 under title I of the Workforce Investment Act of 1998 

19 (29 U.S.C. 2801 et seq.)’’ and inserting ‘‘has failed to 

20 find employment after utilizing services provided 

21 under title I of the Workforce Innovation and Oppor22 tunity Act’’. 

23 (x) PERSONAL RESPONSIBILITY AND WORK OPPOR24 TUNITY RECONCILIATION ACT OF 1996.—Section 

25 403(c)(2)(K) of the Personal Responsibility and Work Op-
784 

† HR 803 EAS 

1 portunity Reconciliation Act of 1996 (8 U.S.C. 

2 1613(c)(2)(K)) is amended by striking ‘‘Benefits under the 

3 title I of the Workforce Investment Act of 1998’’ and insert4 ing ‘‘Benefits under title I of the Workforce Innovation and 

5 Opportunity Act’’. 

6 (y) PATIENT PROTECTION AND AFFORDABLE CARE

7 ACT.—Section 5101(d)(3)(D) of the Patient Protection and 

8 Affordable Care Act (42 U.S. 294q(d)(3)(D)) is amended 

9 by striking ‘‘other health care workforce programs, includ10 ing those supported through the Workforce Investment Act 

11 of 1998 (29 U.S.C. 2801 et seq.),’’ and inserting ‘‘other 

12 health care workforce programs, including those supported 

13 through the Workforce Innovation and Opportunity Act,’’. 

14 (z) PUBLIC HEALTH SERVICE ACT.—The Public 

15 Health Service Act (42 U.S.C. 201 et seq.) is amended as 

16 follows: 

17 (1) Section 399V(e) of such Act (42 U.S.C. 280g– 

18 11(e)) is amended by striking ‘‘one-stop delivery sys19 tems under section 134(c) of the Workforce Investment 

20 Act of 1998’’ and inserting ‘‘one-stop delivery systems 

21 under section 121(e) of the Workforce Innovation and 

22 Opportunity Act’’. 

23 (2) Section 751(c)(1)(A) of such Act (42 U.S.C. 

24 294a(c)(1)(A)) is amended by striking ‘‘the applicable 

25 one-stop delivery system under section 134(c) of the 
785 

† HR 803 EAS 

1 Workforce Investment Act of 1998,’’ and inserting 

2 ‘‘the applicable one-stop delivery system under section 

3 121(e) of the Workforce Innovation and Opportunity 

4 Act,’’. 

5 (3) Section 799B(23) of such Act (42 U.S.C. 

6 295p(23)) is amended by striking ‘‘one-stop delivery 

7 system described in section 134(c) of the Workforce 

8 Investment Act of 1998 (29 U.S.C. 2864(c))’’ and in9 serting ‘‘one-stop delivery system described in section 

10 121(e) of the Workforce Innovation and Opportunity 

11 Act’’. 

12 (aa) RUNAWAY AND HOMELESS YOUTH ACT.—Section 

13 322(a)(7) of the Runaway and Homeless Youth Act (42 

14 U.S.C. 5714–2(a)(7)) is amended by striking ‘‘(including 

15 services and programs for youth available under the Work16 force Investment Act of 1998)’’ and inserting ‘‘(including 

17 services and programs for youth available under the Work18 force Innovation and Opportunity Act)’’. 

19 (bb) SECOND CHANCE ACT OF 2007.—The Second 

20 Chance Act of 2007 (42 U.S.C. 17501 et seq.) is amended 

21 as follows: 

22 (1) Section 212 of such Act (42 U.S.C. 17532) is 

23 amended— 

24 (A) in subsection (c)(1)(B), by striking ‘‘in 

25 coordination with the one-stop partners and one- 
786 

† HR 803 EAS 

1 stop operators (as such terms are defined in sec2 tion 101 of the Workforce Investment Act of 1998 

3 (29 U.S.C. 2801)) that provide services at any 

4 center operated under a one-stop delivery system 

5 established under section 134(c) of the Workforce 

6 Investment Act of 1998 (29 U.S.C. 2864(c)),’’ 

7 and inserting ‘‘in coordination with the one-stop 

8 partners and one-stop operators (as such terms 

9 are defined in section 3 of the Workforce Innova10 tion and Opportunity Act) that provide services 

11 at any center operated under a one-stop delivery 

12 system established under section 121(e) of the 

13 Workforce Innovation and Opportunity Act,’’; 

14 and 

15 (B) in subsection (d)(1)(B)(iii), by striking 

16 ‘‘the local workforce investment boards estab17 lished under section 117 of the Workforce Invest18 ment Act of 1998 (29 U.S.C. 2832)),’’ and in19 serting ‘‘the local workforce development boards 

20 established under section 107 of the Workforce 

21 Innovation and Opportunity Act,’’. 

22 (2) Section 231(e) of such Act (42 U.S.C. 

23 17541(e)) is amended by striking ‘‘the one-stop part24 ners and one-stop operators (as such terms are de25 fined in section 101 of the Workforce Investment Act 
787 

† HR 803 EAS 

1 of 1998 (29 U.S.C. 2801)) that provide services at 

2 any center operated under a one-stop delivery system 

3 established under section 134(c) of the Workforce In4 vestment Act of 1998 (29 U.S.C. 2864(c))’’ and insert5 ing ‘‘the one-stop partners and one-stop operators (as 

6 such terms are defined in section 3 of the Workforce 

7 Innovation and Opportunity Act) that provide serv8 ices at any center operated under a one-stop delivery 

9 system established under section 121(e) of the Work10 force Innovation and Opportunity Act’’. 

11 (cc) SMALL BUSINESS ACT.—Section 7(j)(13)(E) of the 

12 Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended 

13 by striking ‘‘an institution eligible to provide skills training 

14 or upgrading under title I of the Workforce Investment Act 

15 of 1998’’ and inserting ‘‘an institution eligible to provide 

16 skills training or upgrading under title I of the Workforce 

17 Innovation and Opportunity Act’’. 

18 (dd) SOCIAL SECURITY ACT.—The Social Security Act 

19 (42 U.S.C. 301 et seq.) is amended as follows: 

20 (1) Section 403(a)(5) of such Act (42 U.S.C. 

21 603(a)(5)) is amended— 

22 (A) in subparagraph (A)(vii)(I), by striking 

23 ‘‘chief elected official (as defined in section 101 

24 of the Workforce Investment Act of 1998)’’ and 

25 inserting ‘‘chief elected official (as defined in sec-
788 

† HR 803 EAS 

1 tion 3 of the Workforce Innovation and Oppor2 tunity Act)’’; and 

3 (B) in subparagraph (D)(ii), by striking 

4 ‘‘local workforce investment board established for 

5 the service delivery area pursuant to title I of the 

6 Workforce Investment Act of 1998, as appro7 priate’’ and inserting ‘‘local workforce develop8 ment board established for the local workforce de9 velopment area pursuant to title I of the Work10 force Innovation and Opportunity Act, as appro11 priate’’. 

12 (2) Section 1148(f)(1)(B) of such Act (42 U.S.C. 

13 1320b–19(f)(1)(B)) is amended by striking ‘‘a one14 stop delivery system established under subtitle B of 

15 title I of the Workforce Investment Act of 1998 (29 

16 U.S.C. 2811 et seq.)’’ and inserting ‘‘a one-stop deliv17 ery system established under section 121(e) of the 

18 Workforce Innovation and Opportunity Act’’. 

19 (3) Section 1149(a)(3) of such Act (42 U.S.C. 

20 1320b–20(a)(3)) is amended by striking ‘‘a one-stop 

21 delivery system established under subtitle B of title I 

22 of the Workforce Investment Act of 1998 (29 U.S.C. 

23 2811 et seq.)’’ and inserting ‘‘a one-stop delivery sys24 tem established under section 121(e) of the Workforce 

25 Innovation and Opportunity Act’’. 
789 

† HR 803 EAS 

1 (4) Section 2008(a) of such Act (42 U.S.C. 

2 1397g(a)) is amended— 

3 (A) in paragraph (2)(B), by striking ‘‘the 

4 State workforce investment board established 

5 under section 111 of the Workforce Investment 

6 Act of 1998’’ and inserting ‘‘the State workforce 

7 development board established under section 101 

8 of the Workforce Innovation and Opportunity 

9 Act’’; and 

10 (B) in paragraph (4)(A), by striking ‘‘a 

11 local workforce investment board established 

12 under section 117 of the Workforce Investment 

13 Act of 1998,’’ and inserting ‘‘a local workforce 

14 development board established under section 107 

15 of the Workforce Innovation and Opportunity 

16 Act,’’. 

17 (ee) TITLE 18 OF THE UNITED STATES CODE.—Sec18 tion 665 of title 18 of the United States Code is amended— 

19 (1) in subsection (a), by striking ‘‘Whoever, 

20 being an officer, director, agent, or employee of, or 

21 connected in any capacity with any agency or orga22 nization receiving financial assistance or any funds 

23 under the Job Training Partnership Act or title I of 

24 the Workforce Investment Act of 1998’’ and inserting 

25 ‘‘Whoever, being an officer, director, agent, or em-
790 

† HR 803 EAS 

1 ployee of, or connected in any capacity with any 

2 agency or organization receiving financial assistance 

3 or any funds under title I of the Workforce Innova4 tion and Opportunity Act or title I of the Workforce 

5 Investment Act of 1998’’; 

6 (2) in subsection (b), by striking ‘‘a contract of 

7 employment in connection with a financial assistance 

8 agreement or contract under the Job Training Part9 nership Act or title I of the Workforce Investment Act 

10 of 1998’’ and inserting ‘‘a contract of employment in 

11 connection with a financial assistance agreement or 

12 contract under title I of the Workforce Innovation and 

13 Opportunity Act or title I of the Workforce Invest14 ment Act of 1998’’; and 

15 (3) in subsection (c), by striking ‘‘Whoever will16 fully obstructs or impedes or willfully endeavors to ob17 struct or impede, an investigation or inquiry under 

18 the Job Training Partnership Act or title I of the 

19 Workforce Investment Act of 1998,’’ and inserting 

20 ‘‘Whoever willfully obstructs or impedes or willfully 

21 endeavors to obstruct or impede, an investigation or 

22 inquiry under title I of the Workforce Innovation and 

23 Opportunity Act or title I of the Workforce Invest24 ment Act of 1998,’’. 
791 

† HR 803 EAS 

1 (ff) TITLE 31 OF THE UNITED STATES CODE.—Sec2 tion 6703(a)(4) of title 31 of the United States Code is 

3 amended by striking ‘‘Programs under title I of the Work4 force Investment Act of 1998.’’ and inserting ‘‘Programs 

5 under title I of the Workforce Innovation and Opportunity 

6 Act.’’. 

7 (gg) TITLE 38 OF THE UNITED STATES CODE.—Title 

8 38 of the United States Code is amended as follows: 

9 (1) Section 4101(9) of title 38 of the United 

10 States Code is amended by striking ‘‘The term ‘inten11 sive services’ means local employment and training 

12 services of the type described in section 134(d)(3) of 

13 the Workforce Investment Act of 1998’’ and inserting 

14 ‘‘The term ‘career services’ means local employment 

15 and training services of the type described in section 

16 134(c)(2) of the Workforce Innovation and Oppor17 tunity Act’’. 

18 (2) Section 4102A of title 38 of the United States 

19 Code is amended— 

20 (A) in subsection (d), by striking ‘‘partici21 pation of qualified veterans and eligible persons 

22 in employment and training opportunities under 

23 title I of the Workforce Investment Act of 1998’’ 

24 and inserting ‘‘participation of qualified vet25 erans and eligible persons in employment and 
792 

† HR 803 EAS 

1 training opportunities under title I of the Work2 force Innovation and Opportunity Act’’; and 

3 (B) in subsection (f)(2)(A), by striking ‘‘be 

4 consistent with State performance measures ap5 plicable under section 136(b) of the Workforce 

6 Investment Act of 1998’’ and inserting ‘‘be con7 sistent with State performance accountability 

8 measures applicable under section 116(b) of the 

9 Workforce Innovation and Opportunity Act’’. 

10 (3) Section 4104A of title 38 of the United States 

11 Code is amended— 

12 (A) in subsection (b)(1)(B), by striking ‘‘the 

13 appropriate State boards and local boards (as 

14 such terms are defined in section 101 of the 

15 Workforce Investment Act of 1998 (29 U.S.C. 

16 2801))’’ and inserting ‘‘the appropriate State 

17 boards and local boards (as such terms are de18 fined in section 3 of the Workforce Innovation 

19 and Opportunity Act)’’; and 

20 (B) in subsection (c)(1)(A), by striking ‘‘the 

21 appropriate State boards and local boards (as 

22 such terms are defined in section 101 of the 

23 Workforce Investment Act of 1998 (29 U.S.C. 

24 2801))’’ and inserting ‘‘the appropriate State 

25 boards and local boards (as such terms are de-
793 

† HR 803 EAS 

1 fined in section 3 of the Workforce Innovation 

2 and Opportunity Act)’’. 

3 (4) Section 4110B of title 38 of the United 

4 States Code is amended by striking ‘‘enter into an 

5 agreement with the Secretary regarding the imple6 mentation of the Workforce Investment Act of 1998 

7 that includes the description and information de8 scribed in paragraphs (8) and (14) of section 112(b) 

9 of the Workforce Investment Act of 1998 (29 U.S.C. 

10 2822(b))’’ and inserting ‘‘enter into an agreement 

11 with the Secretary regarding the implementation of 

12 the Workforce Innovation and Opportunity Act that 

13 includes the descriptions described in sections 

14 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce 

15 Innovation and Opportunity Act and a description of 

16 how the State board will carry out the activities de17 scribed in section 101(d)(3)(F) of such Act’’. 

18 (5) Section 4213(a)(4) of title 38 of the United 

19 States Code is amended by striking ‘‘Any employment 

20 or training program carried out under title I of the 

21 Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

22 seq.)’’ and inserting ‘‘Any employment or training 

23 program carried out under title I of the Workforce In24 novation and Opportunity Act’’. 
794 

† HR 803 EAS 

1 (hh) TRADE ACT OF 1974.—The Trade Act of 1974 (19 

2 U.S.C. 2101 et seq.) is amended as follows: 

3 (1) Section 221(a) of such Act (19 U.S.C. 2271) 

4 is amended— 

5 (A) in paragraph (1)(C)— 

6 (i) by striking ‘‘, one-stop operators or 

7 one-stop partners (as defined in section 101 

8 of the Workforce Investment Act of 1998 (29 

9 U.S.C. 2801)) including State employment 

10 security agencies,’’ and inserting ‘‘, one-stop 

11 operators or one-stop partners (as defined 

12 in section 3 of the Workforce Innovation 

13 and Opportunity Act) including State em14 ployment security agencies,’’; and 

15 (ii) by striking ‘‘or the State dislocated 

16 worker unit established under title I of such 

17 Act,’’ and inserting ‘‘or a State dislocated 

18 worker unit,’’; and 

19 (B) in subsection (a)(2)(A), by striking 

20 ‘‘rapid response activities and appropriate core 

21 and intensive services (as described in section 

22 134 of the Workforce Investment Act of 1998 (29 

23 U.S.C. 2864)) authorized under other Federal 

24 laws’’ and inserting ‘‘rapid response activities 

25 and appropriate career services (as described in 
795 

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1 section 134 of the Workforce Innovation and Op2 portunity Act) authorized under other Federal 

3 laws’’. 

4 (2) Section 222(d)(2)(A)(iv) of such Act (19 

5 U.S.C. 2272(d)(2)(A)(iv)) is amended by striking 

6 ‘‘one-stop operators or one-stop partners (as defined 

7 in section 101 of the Workforce Investment Act of 

8 1998 (29 U.S.C. 2801))’’ and inserting ‘‘one-stop op9 erators or one-stop partners (as defined in section 3 

10 of the Workforce Innovation and Opportunity Act)’’. 

11 (3) Section 236(a)(5) of such Act (19 U.S.C. 

12 2296(a)(5)) is amended— 

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

14 training program provided by a State pursuant 

15 to title I of the Workforce Investment Act of 

16 1998’’ and inserting ‘‘any training program pro17 vided by a State pursuant to title I of the Work18 force Innovation and Opportunity Act’’; and 

19 (B) in the flush text following subparagraph 

20 (H), by striking ‘‘The Secretary may not limit 

21 approval of a training program under para22 graph (1) to a program provided pursuant to 

23 title I of the Workforce Investment Act of 1998 

24 (29 U.S.C. 2801 et seq.).’’ and inserting ‘‘The 

25 Secretary may not limit approval of a training 
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1 program under paragraph (1) to a program pro2 vided pursuant to title I of the Workforce Inno3 vation and Opportunity Act.’’. 

4 (4) Section 239 of such Act (19 U.S.C. 2311) is 

5 amended— 

6 (A) in subsection (f), by striking ‘‘Any 

7 agreement entered into under this section shall 

8 provide for the coordination of the administra9 tion of the provisions for employment services, 

10 training, and supplemental assistance under sec11 tions 235 and 236 of this Act and under title I 

12 of the Workforce Investment Act of 1998’’ and in13 serting ‘‘Any agreement entered into under this 

14 section shall provide for the coordination of the 

15 administration of the provisions for employment 

16 services, training, and supplemental assistance 

17 under sections 235 and 236 of this Act and 

18 under title I of the Workforce Innovation and 

19 Opportunity Act’’; and 

20 (B) in subsection (h), by striking ‘‘the de21 scription and information described in para22 graphs (8) and (14) of section 112(b) of the 

23 Workforce Investment Act of 1998 (29 U.S.C. 

24 2822(b))’’ and inserting ‘‘the descriptions de25 scribed in sections 102(b)(2)(B)(ii) and 
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1 103(b)(3)(A) of the Workforce Innovation and 

2 Opportunity Act, a description of how the State 

3 board will carry out the activities described in 

4 section 101(d)(3)(F) of such Act,’’. 

5 (ii) UNITED STATES HOUSING ACT OF 1937.—Section 

6 23 of the United States Housing Act of 1937 (42 U.S.C. 

7 1437u) is amended— 

8 (1) in subsection (b)(2)(A), by striking ‘‘lack of 

9 supportive services accessible to eligible families, 

10 which shall include insufficient availability of re11 sources for programs under title I of the Workforce 

12 Investment Act of 1998’’ and inserting ‘‘lack of sup13 portive services accessible to eligible families, which 

14 shall include insufficient availability of resources for 

15 programs under title I of the Workforce Innovation 

16 and Opportunity Act’’; 

17 (2) in subsection (f)(2), by striking ‘‘the local 

18 agencies (if any) responsible for carrying out pro19 grams under title I of the Workforce Investment Act 

20 of 1998 or the Job Opportunities and Basic Skills 

21 Training Program under part F of title IV of the So22 cial Security Act,’’ and inserting ‘‘the local agencies 

23 (if any) responsible for carrying out programs under 

24 title I of the Workforce Innovation and Opportunity 

25 Act or the Job Opportunities and Basic Skills Train-
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1 ing Program under part F of title IV of the Social 

2 Security Act,’’; and 

3 (3) in subsection (g)— 

4 (A) in paragraph (2), by striking ‘‘any 

5 local agencies responsible for programs under 

6 title I of the Workforce Investment Act of 1998 

7 or the Job Opportunities and Basic Skills Train8 ing Program under part F of title IV of the So9 cial Security Act’’ and inserting ‘‘any local 

10 agencies responsible for programs under title I of 

11 the Workforce Innovation and Opportunity Act 

12 or the Job Opportunities and Basic Skills Train13 ing Program under part F of title IV of the So14 cial Security Act’’; and 

15 (B) in paragraph (3)(H), by striking ‘‘pro16 grams under title I of the Workforce Investment 

17 Act of 1998 and any other relevant employment, 

18 child care, transportation, training, and edu19 cation programs in the applicable area’’ and in20 serting ‘‘programs under title I of the Workforce 

21 Innovation and Opportunity Act and any other 

22 relevant employment, child care, transportation, 

23 training, and education programs in the appli24 cable area’’. 
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1 (jj) VIOLENT CRIME CONTROL AND LAW ENFORCE2 MENT ACT OF 1994.—Section 31113(a)(4)(C) of the Violent 

3 Crime Control and Law Enforcement Act of 1994 (42 

4 U.S.C. 13823(a)(4)(C)) is amended by striking ‘‘job train5 ing programs authorized under title I of the Workforce In6 vestment Act of 1998 or the Family Support Act of 1988 

7 (Public Law 100–485)’’ and inserting ‘‘job training pro8 grams authorized under title I of the Workforce Innovation 

9 and Opportunity Act or the Family Support Act of 1988 

10 (Public Law 100–485)’’. 

11 (kk) WORKER ADJUSTMENT AND RETRAINING NOTIFI12 CATION ACT.—Section 3(a)(2) of the Worker Adjustment 

13 and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is 

14 amended by striking ‘‘the State or entity designated by the 

15 State to carry out rapid response activities under section 

16 134(a)(2)(A) of the Workforce Investment Act of 1998,’’ and 

17 inserting ‘‘the State or entity designated by the State to 

18 carry out rapid response activities under section 

19 134(a)(2)(A) of the Workforce Innovation and Opportunity 

20 Act,’’. 

21 SEC. 513. REFERENCES. 

22 (a) WORKFORCE INVESTMENT ACT OF 1998 REF23 ERENCES.—Except as otherwise specified, a reference in a 

24 Federal law to a provision of the Workforce Investment Act 
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1 of 1998 (29 U.S.C. 2801 et seq.) shall be deemed to refer 

2 to the corresponding provision of this Act. 

3 (b) WAGNER-PEYSER ACT REFERENCES.—Except as 

4 otherwise specified, a reference in a Federal law to a provi5 sion of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall 

6 be deemed to refer to the corresponding provision of such 

7 Act, as amended by this Act. 

8 (c) DISABILITY-RELATED REFERENCES.—Except as 

9 otherwise specified, a reference in a Federal law to a provi10 sion of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 

11 seq.) shall be deemed to refer to the corresponding provision 

12 of such Act, as amended by this Act. 

Amend the title so as to read: ‘‘An Act to amend the 

Workforce Investment Act of 1998 to strengthen the 

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

States, and to promote individual and national economic 

growth, and for other purposes.’’. 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION H.R. 803 

AMENDMENTS