I 

113TH CONGRESS 

1ST SESSION H. R. 803 

To reform and strengthen the workforce investment system of the Nation 

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

competitive in the 21st century. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2013 

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

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

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

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

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

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

the jurisdiction of the committee concerned 

A BILL 

To reform and strengthen the workforce investment system 

of the Nation to put Americans back to work and make 

the United States more competitive in the 21st century. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Supporting Knowledge 

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

4 Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Effective date. 

TITLE I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT 

OF 1998 

Subtitle A—Workforce Investment Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

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

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

Sec. 110. General authorization. 

Sec. 111. State allotments. 

Sec. 112. Within State allocations. 

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

Sec. 114. Performance accountability system. 

Sec. 115. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 116. Job Corps purposes. 

Sec. 117. Job Corps definitions. 

Sec. 118. Individuals eligible for the Job Corps. 

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

Sec. 120. Job Corps centers. 

Sec. 121. Program activities. 

Sec. 122. Counseling and job placement. 

Sec. 123. Support. 

Sec. 124. Operations. 

Sec. 125. Community participation. 

Sec. 126. Workforce councils. 

Sec. 127. Technical assistance. 

Sec. 128. Special provisions. 

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Sec. 129. Performance accountability management. 

Sec. 130. Closure of low-performing Job Corps centers. 

Sec. 131. Reforms for opening new Job Corps centers. 

Subtitle D—National Programs 

Sec. 132. Technical assistance. 

Sec. 133. Evaluations. 

Subtitle E—Administration 

Sec. 134. Requirements and restrictions. 

Sec. 135. Prompt allocation of funds. 

Sec. 136. Fiscal controls; sanctions. 

Sec. 137. Reports to Congress. 

Sec. 138. Administrative provisions. 

Sec. 139. State legislative authority. 

Sec. 140. General program requirements. 

Sec. 141. Department Staff. 

Subtitle F—State Unified Plan 

Sec. 142. State unified plan. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

Sec. 201. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

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

TITLE IV—REPEALS AND CONFORMING AMENDMENTS 

Sec. 401. Repeals. 

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

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

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

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

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

1968. 

Sec. 407. H–1B nonimmigrant petitioner account. 

Sec. 408. Conforming amendments to the United States Code. 

Sec. 409. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation services administration. 

Sec. 503. Definitions. 

Sec. 504. State plan. 

Sec. 505. Scope of services. 

Sec. 506. Standards and indicators. 

Sec. 507. Collaboration with industry. 

Sec. 508. Reservation for expanded transition services. 

Sec. 509. Client assistance program. 

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Sec. 510. Title III amendments. 

Sec. 511. Repeal of title VI. 

Sec. 512. Chairperson. 

Sec. 513. Authorizations of appropriations. 

Sec. 514. Conforming amendments. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

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

6 made to a section or other provision of the Workforce In7 vestment Act of 1998 (29 U.S.C. 9201 et seq.). 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise provided, this Act and the 

10 amendments made by this Act shall be effective with re11 spect to fiscal year 2014 and succeeding fiscal years. 

12 TITLE I—AMENDMENTS TO THE 

13 WORKFORCE INVESTMENT 

14 ACT OF 1998 

15 Subtitle A—Workforce Investment 

16 Definitions 

17 SEC. 101. DEFINITIONS. 

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

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

20 (2) by redesignating paragraphs (1) through 

21 (12) as paragraphs (3) through (14), and para22 graphs (14) through (23) as paragraphs (15) 

23 through (24), respectively; 

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

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

4 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac5 crued expenditures’ means charges incurred by re6 cipients of funds under this title for a given period 

7 requiring the provision of funds for goods or other 

8 tangible property received; services performed by 

9 employees, contractors, subgrantees, subcontractors, 

10 and other payees; and other amounts becoming owed 

11 under programs assisted under this title for which 

12 no current services or performance is required, such 

13 as annuities, insurance claims, and other benefit 

14 payments. 

15 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad16 ministrative costs’ means expenditures incurred by 

17 State and local workforce investment boards, direct 

18 recipients (including State grant recipients under 

19 subtitle B and recipients of awards under subtitles 

20 C and D), local grant recipients, local fiscal agents 

21 or local grant subrecipients, and one-stop operators 

22 in the performance of administrative functions and 

23 in carrying out activities under this title which are 

24 not related to the direct provision of workforce in25 vestment services (including services to participants 

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1 and employers). Such costs include both personnel 

2 and non-personnel and both direct and indirect.’’; 

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

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

5 inserting ‘‘The’’; 

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

8 ‘‘(5) AREA CAREER AND TECHNICAL EDU9 CATION SCHOOL.—The term ‘area career and tech10 nical education school’ has the meaning given the 

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

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

13 2302(3)).’’; 

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

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

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

17 (8) in paragraph (10)(C) (as so redesignated), 

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

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

20 the cost of training, as determined by the local 

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

22 local areas in the State, as determined by the Gov23 ernor), taking into account the size of the employer 

24 and such other factors as the local board determines 

25 to be appropriate’’; 

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

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

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

4 121(e)’’; 

5 (B) in subparagraph (B)(iii)— 

6 (i) by striking ‘‘134(d)(4)’’ and insert7 ing ‘‘134(c)(4)’’; and 

8 (ii) by striking ‘‘intensive services de9 scribed in section 134(d)(3)’’ and inserting 

10 ‘‘work ready services described in section 

11 117(d)(5)(C)’’; 

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

13 after the semicolon; 

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

15 period and inserting ‘‘; or’’; and 

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

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

18 Armed Forces on active duty for a period of 

19 more than 30 days (as defined in section 

20 101(d)(2) of title 10, United States Code) who 

21 has experienced a loss of employment as a di22 rect result of relocation to accommodate a per23 manent change in duty station of such member; 

24 or 

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

2 Armed Forces on active duty who meets the cri3 teria described in paragraph (12)(B).’’; 

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

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

6 and inserting ‘‘or’’; 

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

8 ‘‘(A)(i)’’; and 

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

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

11 Armed Forces on active duty for a period of 

12 more than 30 days (as defined in section 

13 101(d)(2) of title 10, United States Code) 

14 whose family income is significantly reduced be15 cause of a deployment (as defined in section 

16 991(b) of title 10, United States Code, or pur17 suant to paragraph (4) of such section), a call 

18 or order to active duty pursuant to a provision 

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

20 title 10, United States Code, a permanent 

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

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

23 States Code) death or disability of the member; 

24 and’’; 

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

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

3 appears; 

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

5 (A) in subparagraph (A), by striking ‘‘sec6 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

7 (B) by striking subparagraph (B), and in8 serting the following: 

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

10 who is identified or awarded a contract as de11 scribed in section 117(d)(5)(C); or’’; and 

12 (C) by striking subparagraph (C); 

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

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

15 ‘‘individual’’; 

16 (14) in paragraph (25)— 

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

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

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

20 equivalent period;’’; 

21 (B) by redesignating subparagraphs (D) 

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

23 respectively; and 

24 (C) by inserting after subparagraph (C) 

25 the following: 

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

2 or reduced price lunch under the Richard B. 

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

4 1751 et seq.);’’; 

5 (15) in paragraph (32), by striking ‘‘the Repub6 lic of the Marshall Islands, the Federated States of 

7 Micronesia,’’; 

8 (16) by amending paragraph (33) to read as 

9 follows: 

10 ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term ‘out11 of-school youth’ means— 

12 ‘‘(A) an at-risk youth who is a school drop13 out; or 

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

15 secondary school diploma or its recognized 

16 equivalent but is basic skills deficient, unem17 ployed, or underemployed.’’. 

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

19 ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; 

20 (18) by amending paragraph (49) to read as 

21 follows: 

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

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

24 title 5, United States Code.’’; 

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1 (19) by amending paragraph (50) to read as 

2 follows: 

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

4 The term ‘career and technical education’ has the 

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

6 Perkins Career and Technical Education Act of 

7 2006 (20 U.S.C. 2302).’’; 

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

9 youth activity’’; and 

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

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

12 subtitle C, the term ‘at-risk youth’ means an indi13 vidual who— 

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

15 than age 24; 

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

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

18 of the following: 

19 ‘‘(i) a secondary school dropout; 

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

21 youth aging out of foster care); 

22 ‘‘(iii) a youth offender; 

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

24 with a disability; or 

25 ‘‘(v) a migrant youth. 

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

2 The term ‘industry or sector partnership’ means a 

3 partnership of a State or local board and one or 

4 more industries and other entities that have the ca5 pability to help the State or local board determine 

6 the immediate and long term skilled workforce needs 

7 of in-demand industries and other occupations im8 portant to the State or local economy, respectively. 

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

10 The term ‘industry-recognized credential’ means a 

11 credential that is sought or accepted by companies 

12 within the industry sector involved, across multiple 

13 States, as recognized, preferred, or required for re14 cruitment, screening, or hiring. 

15 ‘‘(55) RECOGNIZED POSTSECONDARY CREDEN16 TIAL.—The term ‘recognized postsecondary creden17 tial’ means a credential awarded by a training pro18 vider or postsecondary educational institution based 

19 on completion of all requirements for a program of 

20 study, including coursework or tests or other per21 formance evaluations. The term includes an indus22 try-recognized credential, a certificate of completion 

23 of an apprenticeship, or an associate or bacca24 laureate degree.’’. 

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1 Subtitle B—Statewide and Local 

2 Workforce Investment Systems 

3 SEC. 102. PURPOSE. 

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

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

6 subtitle to provide workforce investment activities in a 

7 manner that enhances employer engagement, promotes 

8 customer choices in the selection of training services, and 

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

10 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

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

12 (1) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking subparagraph (B); 

15 (ii) by redesignating subparagraph 

16 (C) as subparagraph (B); and 

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

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

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

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

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

23 read as follows: 

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

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1 with immediate and long-term employ2 ment opportunities in in-demand in3 dustries and other occupations impor4 tant to the State economy; and’’; 

5 (III) by striking clause (iii) and 

6 inserting the following: 

7 ‘‘(iii) a State agency official respon8 sible for economic development; and’’; 

9 (IV) by striking clauses (iv) 

10 through (vi); 

11 (V) by amending clause (vii) to 

12 read as follows: 

13 ‘‘(vii) such other representatives and 

14 State agency officials as the Governor may 

15 designate, including— 

16 ‘‘(I) members of the State legis17 lature; 

18 ‘‘(II) representatives of individ19 uals and organizations that have expe20 rience with respect to youth activities; 

21 ‘‘(III) representatives of individ22 uals and organizations that have expe23 rience and expertise in the delivery of 

24 workforce investment activities, in25 cluding chief executive officers of commstockstill on DSK4VPTVN1PROD with BILLS

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1 munity colleges and community-based 

2 organizations within the State; 

3 ‘‘(IV) representatives of the lead 

4 State agency officials with responsi5 bility for the programs and activities 

6 that are described in section 121(b) 

7 and carried out by one-stop partners; 

8 or 

9 ‘‘(V) representatives of veterans 

10 service organizations; and’’; and 

11 (VI) by redesignating clause (vii) 

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

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

14 follows: 

‘‘(3) MAJORITY.—A 2 15 ⁄3 majority of the mem16 bers of the board shall be representatives described 

17 in paragraph (1)(B)(i).’’; 

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

19 and inserting ‘‘(b)(1)(B)(i)’’; 

20 (3) by amending subsection (d) to read as fol21 lows: 

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

23 Governor of the State as follows: 

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

25 112, develop a State plan. 

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1 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

2 SYSTEM.—Review and develop statewide policies and 

3 programs in the State in a manner that supports a 

4 comprehensive Statewide workforce development sys5 tem that will result in meeting the workforce needs 

6 of the State and its local areas. Such review shall in7 clude determining whether the State should consoli8 date additional programs into the Workforce Invest9 ment Fund in accordance with section 501(e). 

10 ‘‘(3) WORKFORCE AND LABOR MARKET INFOR11 MATION SYSTEM.—Develop a statewide workforce 

12 and labor market information system described in 

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

14 include using existing information conducted by the 

15 State economic development entity or related entity 

16 in developing such system. 

17 ‘‘(4) EMPLOYER ENGAGEMENT.—Develop strat18 egies across local areas that meet the needs of em19 ployers and support economic growth in the State by 

20 enhancing communication, coordination, and collabo21 ration among employers, economic development enti22 ties, and service providers. 

23 ‘‘(5) DESIGNATION OF LOCAL AREAS.—Des24 ignate local areas as required under section 116. 

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

2 and disseminate information on best practices for ef3 fective operation of one-stop centers, including use 

4 of innovative business outreach, partnerships, and 

5 service delivery strategies. 

6 ‘‘(7) PROGRAM OVERSIGHT.—Conduct the fol7 lowing program oversight: 

8 ‘‘(A) Reviewing and approving local plans 

9 under section 118. 

10 ‘‘(B) Ensuring the appropriate use and 

11 management of the funds provided for State 

12 employment and training activities authorized 

13 under section 134. 

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

15 Secretary described in section 136(d). 

16 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS17 URES.—Develop and ensure continuous improvement 

18 of comprehensive State performance measures, in19 cluding State adjusted levels of performance, as de20 scribed under section 136(b).’’; 

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

22 subsection (f) as subsection (e); 

23 (5) in subsection (e) (as so redesignated), by in24 serting ‘‘or participate in any action taken’’ after 

25 ‘‘vote’’; 

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1 (6) by inserting after subsection (e) (as so re2 designated), the following: 

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

4 assist in carrying out the functions described in subsection 

5 (d).’’; and 

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

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

8 SEC. 104. STATE PLAN. 

9 Section 112 (29 U.S.C. 2822)— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘127 or’’; and 

12 (B) by striking ‘‘5-year strategy’’ and in13 serting ‘‘3-year strategy’’; 

14 (2) in subsection (b)— 

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

16 follows: 

17 ‘‘(4) information describing— 

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

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

20 workforce needs of in-demand industries, small 

21 businesses, and other occupations important to 

22 the State economy; 

23 ‘‘(C) the knowledge and skills of the work24 force in the State; and 

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1 ‘‘(D) workforce development activities (in2 cluding education and training) in the State;’’; 

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

4 follows: 

5 ‘‘(7) a description of the State criteria for de6 termining the eligibility of training providers in ac7 cordance with section 122, including how the State 

8 will take into account the performance of providers 

9 and whether the training programs relate to occupa10 tions that are in-demand;’’; 

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

12 follows: 

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

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

15 avoid duplication among, the programs and activities 

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

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

18 and reporting processes used for the programs and 

19 activities described in subparagraph (A), which are 

20 carried out by one-stop partners, including— 

21 ‘‘(i) assurances that such processes use 

22 quarterly wage records for performance meas23 ures described in section 136(b)(2)(A) that are 

24 applicable to such programs or activities; or 

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

2 used for the performance measures, an identi3 fication of the barriers to using such wage 

4 records and a description of how the State will 

5 address such barriers within one year of the ap6 proval of the plan;’’; 

7 (D) in paragraph (9), by striking ‘‘, includ8 ing comment by representatives of businesses 

9 and representatives of labor organizations,’’; 

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

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

12 section 132’’; 

13 (F) by striking paragraph (12); 

14 (G) by redesignating paragraphs (13) 

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

16 respectively; 

17 (H) in paragraph (12) (as so redesig18 nated), by striking ‘‘111(f)’’ and inserting 

19 ‘‘111(e)’’; 

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

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

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

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

24 ‘‘116(a)(4)’’; 

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

3 (i) in subparagraph (A)— 

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

5 dislocated workers’’; 

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

7 ‘‘134(d)(4)’’ and inserting 

8 ‘‘134(c)(4)’’; 

9 (III) by striking ‘‘and’’ at the 

10 end of clause (iii); 

11 (IV) by amending clause (iv) to 

12 read as follows: 

13 ‘‘(iv) how the State will serve the em14 ployment and training needs of dislocated 

15 workers (including displaced homemakers), 

16 low-income individuals (including recipients 

17 of public assistance such as supplemental 

18 nutrition assistance program benefits pur19 suant to the Food and Nutrition Act of 

20 2008 (7 U.S.C. 2011 et seq.)), long-term 

21 unemployed individuals (including individ22 uals who have exhausted entitlement to 

23 State and Federal unemployment com24 pensation), English learners, homeless in25 dividuals, individuals training for nontradimstockstill on DSK4VPTVN1PROD with BILLS

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1 tional employment, youth (including out-of2 school youth and at-risk youth), older 

3 workers, ex-offenders, migrant and sea4 sonal farmworkers, refugee and entrants, 

5 veterans (including disabled and homeless 

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

7 and 

8 (V) by adding at the end the fol9 lowing new clause: 

10 ‘‘(v) how the State will— 

11 ‘‘(I) consistent with section 188 

12 and Executive Order 13217 (42 

13 U.S.C. 12131 note), serve the employ14 ment and training needs of individuals 

15 with disabilities; and 

16 ‘‘(II) consistent with sections 504 

17 and 508 of the Rehabilitation Act of 

18 1973, include the provision of out19 reach, intake, assessments, and serv20 ice delivery, the development of per21 formance measures, the training of 

22 staff, and other aspects of accessibility 

23 to programs and services under this 

24 subtitle;’’; and 

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

2 ‘‘to the extent practicable’’ and inserting 

3 ‘‘in accordance with the requirements of 

4 the Jobs for Veterans Act (Public Law 

5 107–288) and the amendments made by 

6 such Act’’; and 

7 (L) by striking paragraph (17) (as so re8 designated) and inserting the following: 

9 ‘‘(17) a description of the strategies and serv10 ices that will be used in the State— 

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

14 to the State economy; 

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

16 State; and 

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

19 activities; 

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

21 convene (or help to convene) industry or sector part22 nerships that lead to collaborative planning, resource 

23 alignment, and training efforts across multiple firms 

24 for a range of workers employed or potentially em25 ployed by a targeted industry cluster— 

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1 ‘‘(A) to encourage industry growth and 

2 competitiveness and to improve worker training, 

3 retention, and advancement in targeted indus4 try clusters; 

5 ‘‘(B) to address the immediate and long6 term skilled workforce needs of in-demand in7 dustries and other occupations important to the 

8 State economy, and 

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

10 and across industries; 

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

12 technology to facilitate access to services in remote 

13 areas, which may be used throughout the State; 

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

15 assistance to be provided for encouraging regional 

16 cooperation within the State and across State bor17 ders, as appropriate; 

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

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

23 employment-related, training, and complementary 

24 services, to enhance the quality and comprehensivemstockstill on DSK4VPTVN1PROD with BILLS

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1 ness of services available to participants under this 

2 title; 

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

5 ‘‘(A) one-stop partner program contribu6 tions for the cost of the infrastructure of one7 stop centers under section 121(h)(1); and 

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

10 121(h)(3); 

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

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

15 postsecondary credentials and industry-recognized 

16 credentials), and employment experience to succeed 

17 in the labor market, including— 

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

19 industries or occupations important to the State 

20 and local economy; 

21 ‘‘(B) dropout recovery activities that are 

22 designed to lead to the attainment of a regular 

23 secondary school diploma or its recognized 

24 equivalent, or other State recognized equivalent 

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1 (including recognized alternative standards for 

2 individuals with disabilities); and 

3 ‘‘(C) activities combining remediation of 

4 academic skills, work readiness training, and 

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

8 ‘‘(24) a description of— 

9 ‘‘(A) how the State will furnish employ10 ment, training, supportive, and placement serv11 ices to veterans, including disabled and home12 less veterans; 

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

14 be used in the State to assist and expedite re15 integration of homeless veterans into the labor 

16 force; and 

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

18 the State.’’; 

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

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

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

22 the provisions of this title.’’; and 

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

24 inserting ‘‘3-year’’. 

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1 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

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

3 (1) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘Except as pro7 vided in subsection (b), and consistent 

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

9 and inserting ‘‘In’’; and 

10 (II) by striking ‘‘127 or’’; and 

11 (ii) by amending subparagraph (B) to 

12 read as follows: 

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

14 designation of local areas, the Governor shall 

15 take into consideration the following: 

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

17 areas are consistent with labor market 

18 areas. 

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

20 areas align with economic development re21 gions. 

22 ‘‘(iii) Whether such local areas have 

23 the appropriate education and training 

24 providers to meet the needs of the local 

25 workforce. 

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1 ‘‘(iv) The distance that individuals 

2 will need to travel to receive services pro3 vided in such local areas.’’; 

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

5 follows: 

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

7 shall, if requested by the Governor of a State, pro8 vide the State with technical assistance in making 

9 the determinations required under paragraph (1). 

10 The Secretary shall not issue regulations governing 

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

12 (C) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) DESIGNATION ON RECOMMENDATION OF

15 STATE BOARD.—The Governor may approve a re16 quest from any unit of general local government (in17 cluding a combination of such units) for designation 

18 as a local area under paragraph (1) if the State 

19 board determines, taking into account the factors 

20 described in clauses (i) through (iv) of paragraph 

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

22 area shall be so designated.’’; 

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

24 (E) by redesignating paragraph (5) as 

25 paragraph (4); 

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

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

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

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

6 (3) in subsection (c)— 

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

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

9 boards for the designated region to prepare a 

10 single regional plan that incorporates the ele11 ments of the local plan under section 118 and 

12 that is submitted and approved in lieu of sepa13 rate local plans under such section.’’; and 

14 (B) in paragraph (2), by striking ‘‘employ15 ment statistics’’ and inserting ‘‘workforce and 

16 labor market information’’. 

17 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

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

19 (1) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘include—’’ and 

23 all that follows through ‘‘representa24 tives’’ and inserting ‘‘include rep25 resentatives’’; 

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1 (II) by striking clauses (ii) 

2 through (vi); 

3 (III) by redesignating subclauses 

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

5 through (iii), respectively (and by 

6 moving the margins of such clauses 2 

7 ems to the left); 

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

9 redesignated) and inserting the fol10 lowing: 

11 ‘‘(ii) represent businesses, including 

12 large and small businesses, with immediate 

13 and long-term employment opportunities in 

14 in-demand industries and other occupa15 tions important to the local economy; 

16 and’’; and 

17 (V) by striking the semicolon at 

18 the end of clause (iii) (as so redesig19 nated) and inserting ‘‘; and’’; and 

20 (ii) by amending subparagraph (B) to 

21 read as follows: 

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

23 representatives of entities as the chief elected 

24 official in the local area may determine to be 

25 appropriate, including— 

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1 ‘‘(i) a superintendent of the local sec2 ondary school system, the president or 

3 chief executive officer of a postsecondary 

4 educational institution (including a com5 munity college, where such an entity ex6 ists), or an administrator of local entities 

7 providing adult education and literacy ac8 tivities; 

9 ‘‘(ii) representatives of community10 based organizations (including organiza11 tions representing individuals with disabil12 ities and veterans, for a local area in which 

13 such organizations are present); or 

14 ‘‘(iii) representatives of veterans serv15 ice organizations.’’; 

16 (B) in paragraph (4)— 

17 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 18 ⁄3 majority’’; and 

19 (ii) by striking ‘‘(2)(A)(i)’’ and insert20 ing ‘‘(2)(A)’’; and 

21 (C) in paragraph (5) by striking 

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

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

24 (3) by amending subsection (d) to read as fol25 lows: 

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

2 of the local board shall include the following: 

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

4 118, each local board, in partnership with the chief 

5 elected official for the local area involved, shall de6 velop and submit a local plan to the Governor. 

7 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

8 LABOR MARKET ANALYSIS.— 

9 ‘‘(A) IN GENERAL.—The local board 

10 shall— 

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

12 analysis of— 

13 ‘‘(I) the economic conditions in 

14 the local area; 

15 ‘‘(II) the immediate and long16 term skilled workforce needs of in-de17 mand industries and other occupa18 tions important to the local economy; 

19 ‘‘(III) the knowledge and skills of 

20 the workforce in the local area; and 

21 ‘‘(IV) workforce development ac22 tivities (including education and train23 ing) in the local area; and 

24 ‘‘(ii) assist the Governor in developing 

25 the statewide workforce and labor market 

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1 information system described in section 

2 15(e) of the Wagner-Peyser Act. 

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

4 shall use existing analysis by the local economic 

5 development entity or related entity in order to 

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

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

8 Board shall meet the needs of employers and sup9 port economic growth in the local area by enhancing 

10 communication, coordination, and collaboration 

11 among employers, economic development entities, 

12 and service providers. 

13 ‘‘(4) BUDGET AND ADMINISTRATION.— 

14 ‘‘(A) BUDGET.— 

15 ‘‘(i) IN GENERAL.—The local board 

16 shall develop a budget for the activities of 

17 the local board in the local area, consistent 

18 with the requirements of this subsection. 

19 ‘‘(ii) TRAINING RESERVATION.—In de20 veloping a budget under clause (i), the 

21 local board shall reserve a percentage of 

22 funds to carry out the activities specified 

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

24 use the analysis conducted under para25 graph (2)(A)(i) to determine the appromstockstill on DSK4VPTVN1PROD with BILLS

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1 priate percentage of funds to reserve under 

2 this clause. 

3 ‘‘(B) ADMINISTRATION.— 

4 ‘‘(i) GRANT RECIPIENT.— 

5 ‘‘(I) IN GENERAL.—The chief 

6 elected official in a local area shall 

7 serve as the local grant recipient for, 

8 and shall be liable for any misuse of, 

9 the grant funds allocated to the local 

10 area under section 133, unless the 

11 chief elected official reaches an agree12 ment with the Governor for the Gov13 ernor to act as the local grant recipi14 ent and 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 

19 as 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 

9 of this title. The local grant recipient 

10 or entity designated under subclause 

11 (II) shall disburse the funds imme12 diately on receiving such direction 

13 from the local board. 

14 ‘‘(ii) STAFF.—The local board may 

15 employ staff to assist in carrying out the 

16 functions described in this subsection. 

17 ‘‘(iii) GRANTS AND DONATIONS.—The 

18 local board may solicit and accept grants 

19 and donations from sources other than 

20 Federal funds made available under this 

21 Act. 

22 ‘‘(5) SELECTION OF OPERATORS AND PRO23 VIDERS.— 

24 ‘‘(A) SELECTION OF ONE-STOP OPERA25 TORS.—Consistent with section 121(d), the 

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1 local board, with the agreement of the chief 

2 elected official— 

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

4 operators as described in section 

5 121(d)(2)(A); and 

6 ‘‘(ii) may terminate for cause the eli7 gibility of such operators. 

8 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN9 ING SERVICE PROVIDERS.—Consistent with this 

10 subtitle, the local board shall identify eligible 

11 providers of training services described in sec12 tion 134(c)(4), in the local area. 

13 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO14 VIDERS OF WORK READY SERVICES.—If the 

15 one-stop operator does not provide the services 

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

17 the local board shall identify eligible providers 

18 of such services in the local area by awarding 

19 contracts. 

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

21 in partnership with the chief elected official, shall be 

22 responsible for— 

23 ‘‘(A) ensuring the appropriate use and 

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1 ployment and training activities authorized 

2 under section 134(b); and 

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

4 delivery system in the local area authorized 

5 under section 121. 

6 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

7 MEASURES.—The local board, the chief elected offi8 cial, and the Governor shall negotiate and reach 

9 agreement on local performance measures as de10 scribed in section 136(c). 

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

12 board shall develop strategies for technology im13 provements to facilitate access to services authorized 

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

15 including in remote areas.’’; 

16 (4) in subsection (e)— 

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

18 after ‘‘regular basis through’’; and 

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

20 or contracts to eligible providers of youth activi21 ties,’’; 

22 (5) in subsection (f)— 

23 (A) in paragraph (1)(A), by striking ‘‘sec24 tion 134(d)(4)’’ and inserting ‘‘section 

25 134(c)(4)’’; and 

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1 (B) by striking paragraph (2) and insert2 ing the following: 

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

4 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

5 board may provide work ready services described in 

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

7 described in section 121 or be designated or certified 

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

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

10 (6) in subsection (g)(1), by inserting ‘‘or par11 ticipate in any action taken’’ after ‘‘vote’’; and 

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

13 SEC. 107. LOCAL PLAN. 

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

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

16 inserting ‘‘3-year’’; 

17 (2) by amending subsection (b) to read as fol18 lows: 

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

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

21 area’s economic and workforce conditions conducted 

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

23 that the local board will use such analysis to carry 

24 out the activities under this subtitle; 

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1 ‘‘(2) a description of the one-stop delivery sys2 tem in the local area, including— 

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

4 will ensure— 

5 ‘‘(i) the continuous improvement of el6 igible providers of services through the sys7 tem; and 

8 ‘‘(ii) that such providers meet the em9 ployment needs of local businesses and 

10 participants; and 

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

12 will facilitate access to services provided 

13 through the one-stop delivery system consistent 

14 with section 117(d)(8); 

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

16 that will be used in the local area— 

17 ‘‘(A) to more fully engage employers, in18 cluding small businesses and employers in in19 demand industries and occupations important 

20 to the local economy; 

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

22 local area; 

23 ‘‘(C) to better coordinate workforce devel24 opment programs with economic development 

25 activities; and 

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1 ‘‘(D) to better coordinate workforce devel2 opment programs with employment, training, 

3 and literacy services carried out by nonprofit 

4 organizations, including public libraries, as ap5 propriate; 

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

7 convene (or help to convene) industry or sector part8 nerships that lead to collaborative planning, resource 

9 alignment, and training efforts across multiple firms 

10 for a range of workers employed or potentially em11 ployed by a targeted industry cluster— 

12 ‘‘(A) to encourage industry growth and 

13 competitiveness and to improve worker training, 

14 retention, and advancement in targeted indus15 try clusters; 

16 ‘‘(B) to address the immediate and long17 term skilled workforce needs of in-demand in18 dustries, small businesses, and other occupa19 tions important to the local economy; and 

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

21 and across industries; 

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

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

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

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

2 coordinate workforce investment activities carried 

3 out in the local area with statewide activities, as ap4 propriate; 

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

6 ‘‘(A) coordinate activities with the local 

7 area’s disability community and with services 

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

9 the Individuals with Disabilities Education Act 

10 (20 U.S.C. 1414(d)(1)(A)(i)(VIII)) by local 

11 educational agencies serving such local area to 

12 make available comprehensive, high-quality 

13 services to individuals with disabilities; 

14 ‘‘(B) consistent with section 188 and Exec15 utive Order 13217 (42 U.S.C. 12131 note), 

16 serve the employment and training needs of in17 dividuals with disabilities; and 

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

19 of the Rehabilitation Act of 1973, include the 

20 provision of outreach, intake, assessments, and 

21 service delivery, the development of perform22 ance measures, the training of staff, and other 

23 aspects of accessibility to programs and services 

24 under this subtitle; 

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1 ‘‘(8) a description of the local levels of perform2 ance negotiated with the Governor and chief elected 

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

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

5 the local area; and 

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

7 performance of the local fiscal agent (where ap8 propriate), eligible providers, and the one-stop 

9 delivery system, in the local area; 

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

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

12 an opportunity for public comment prior to submis13 sion of the plan; 

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

15 serve the employment and training needs of dis16 located workers (including displaced homemakers), 

17 low-income individuals (including recipients of public 

18 assistance such as the Supplemental Nutrition As19 sistance Program), long-term unemployed individ20 uals (including individuals who have exhausted enti21 tlement to State and Federal unemployment com22 pensation), English learners, homeless individuals, 

23 individuals training for nontraditional employment, 

24 youth (including out-of-school youth and at-risk 

25 youth), older workers, ex-offenders, migrant and seamstockstill on DSK4VPTVN1PROD with BILLS

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1 sonal farmworkers, refugee and entrants, veterans 

2 (including disabled veterans and homeless veterans), 

3 and Native Americans; 

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

5 for the disbursal of grant funds described in sub6 clause (III) of section 117(d)(4)(B)(i), as deter7 mined by the chief elected official or the Governor 

8 under such section; 

9 ‘‘(12) a description of the strategies and serv10 ices that will be used in the local area to assist at11 risk youth and out-of-school youth in acquiring the 

12 education and skills, credentials (including recog13 nized postsecondary credentials and industry-recog14 nized credentials), and employment experience to 

15 succeed in the labor market, including— 

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

17 industries or occupations important to the local 

18 economy; 

19 ‘‘(B) dropout recovery activities that are 

20 designed to lead to the attainment of a regular 

21 secondary school diploma or its recognized 

22 equivalent, or other State recognized equivalent 

23 (including recognized alternative standards for 

24 individuals with disabilities); and 

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1 ‘‘(C) activities combining remediation of 

2 academic skills, work readiness training, and 

3 work experience, and including linkages to post4 secondary education and training and career5 ladder employment; 

6 ‘‘(13) a description of— 

7 ‘‘(A) how the local area will furnish em8 ployment, training, supportive, and placement 

9 services to veterans, including disabled and 

10 homeless veterans; 

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

12 be used in the local area to assist and expedite 

13 reintegration of homeless veterans into the 

14 labor force; and 

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

16 the local area; 

17 ‘‘(14) a description of— 

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

19 employment specialist consistent with the re20 quirements of section 134(f); 

21 ‘‘(B) the manner in which the veteran em22 ployment specialist is integrated into the One23 Stop Career System described in section 121; 

24 ‘‘(C) the date on which the veteran em25 ployment specialist was assigned; and 

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1 ‘‘(D) whether the veteran employment spe2 cialist has satisfactorily competed such training 

3 by the National Veterans’ Employment and 

4 Training Services Institute; and 

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

6 may require.’’; 

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

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

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

10 representatives of business and representatives of 

11 labor organizations,’’. 

12 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS13 TEM. 

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

15 (1) in subsection (b)— 

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

18 ‘‘(A) ROLES AND RESPONSIBILITIES OF

19 ONE-STOP PARTNERS.—Each entity that carries 

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

22 ‘‘(i) provide access through the one23 stop delivery system to the program and 

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1 scribed in section 134(c)(2) that are appli2 cable to the program of the entity available 

3 at one-stop centers (in addition to any 

4 other appropriate locations); 

5 ‘‘(ii) use a portion of the funds avail6 able to the program of the entity to main7 tain the one-stop delivery system, including 

8 payment of the infrastructure costs of one9 stop centers in accordance with subsection 

10 (h); 

11 ‘‘(iii) enter into a local memorandum 

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

15 of subsection (c); and 

16 ‘‘(iv) participate in the operation of 

17 the one-stop delivery system consistent 

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

20 and the requirements of the Federal laws 

21 authorizing the programs carried out by 

22 the entity.’’; 

23 (B) in paragraph (1)(B)— 

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

25 (vi); 

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1 (ii) by redesignating clauses (iii) and 

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

3 (iii) by redesignating clauses (vii) 

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

5 respectively; 

6 (iv) in clause (viii), as so redesig7 nated, by striking ‘‘and’’ at the end; 

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

9 by striking the period and inserting ‘‘; 

10 and’’; and 

11 (vi) by adding at the end the fol12 lowing: 

13 ‘‘(x) subject to subparagraph (C), pro14 grams authorized under part A of title IV 

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

16 et seq.) .’’; 

17 (C) by inserting after subparagraph (B) 

18 the following: 

19 ‘‘(C) DETERMINATION BY THE GOV20 ERNOR.—Each entity carrying out a program 

21 described in subparagraph (B)(x) shall carry 

22 out the required partner activities described in 

23 subparagraph (A) unless the Governor of the 

24 State in which the local area is located provides 

25 the Secretary and Secretary of Health and 

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1 Human Services written notice of a determina2 tion by the Governor that such entities shall not 

3 carry out such required partner activities.’’; and 

4 (D) in paragraph (2)— 

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

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

7 134(c)(2)’’; and 

8 (ii) in subparagraph (B)— 

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

10 and (v); 

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

12 ‘‘and’’ at the end; 

13 (III) by redesignating clauses 

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

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

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

20 of the Social Security Administration; 

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

23 the Small Business Administration; 

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

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

5 or local programs, including programs in 

6 the private sector.’’; 

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

9 ‘‘(A) provisions describing— 

10 ‘‘(i) the services to be provided 

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

14 services will be coordinated through such 

15 system; 

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

17 and the operating costs of such system will 

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

21 system operations, including the funding of 

22 the infrastructure costs of one-stop centers 

23 in accordance with subsection (h); 

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

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1 one-stop partners for appropriate services 

2 and activities, including referrals for non3 traditional employment; and 

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

9 reviewed not less than once every 3-year 

10 period to ensure appropriate funding and 

11 delivery of services; and’’; 

12 (3) in subsection (d)— 

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

14 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

15 and inserting ‘‘LOCAL DESIGNATION AND CER16 TIFICATION’’; 

17 (B) in paragraph (2)— 

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

19 inserting ‘‘subsection (e)’’; 

20 (ii) by amending subparagraph (A) to 

21 read as follows: 

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

23 one-stop operator through a competitive proc24 ess; and’’; and 

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

2 clause (ii) and redesignating clauses (iii) 

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

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

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

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

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

12 in a State that receives an allotment under section 

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

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

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

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

18 as the point of access to career enhancement 

19 accounts for training services to participants in 

20 accordance with paragraph (4)(F) of such sec21 tion; 

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

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

24 ‘‘(D) provide access to programs and ac25 tivities carried out by one-stop partners that 

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1 are described in subsection (b) of this section; 

2 and 

3 ‘‘(E) provide access to the information de4 scribed in section 15(e) of the Wagner-Peyser 

5 Act (29 U.S.C. 49l–2(e)). 

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

7 one-stop delivery system— 

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

9 services, and activities described in paragraph 

10 (1) accessible at not less than one physical cen11 ter in each local area of the State; and 

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

13 and activities described in paragraph (1) avail14 able— 

15 ‘‘(i) through a network of affiliated 

16 sites that can provide one or more of the 

17 programs, services, and activities to indi18 viduals; and 

19 ‘‘(ii) through a network of eligible 

20 one-stop partners— 

21 ‘‘(I) in which each partner pro22 vides one or more of the programs, 

23 services, and activities to such individ24 uals and is accessible at an affiliated 

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1 tion or an electronically- or techno2 logically-linked access point; and 

3 ‘‘(II) that assures individuals 

4 that information on the availability of 

5 the work ready services will be avail6 able regardless of where the individ7 uals initially enter the statewide work8 force investment system, including in9 formation made available through an 

10 access point described in subclause 

11 (I). 

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

13 sites described in paragraph (2) may have a speciali14 zation in addressing special needs.’’; and 

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

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

17 ‘‘(1) IN GENERAL.— 

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

19 establish objective procedures and criteria for 

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

21 centers for the purpose of awarding the one22 stop infrastructure funding described in sub23 section (h). 

24 ‘‘(B) CRITERIA.—The criteria for certifi25 cation under this subsection shall include— 

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

2 of performance for each of the core indica3 tors of performance as outlined in the 

4 State plan under section 112; 

5 ‘‘(ii) meeting minimum standards re6 lating to the scope and degree of service 

7 integration achieved by the centers involv8 ing the programs provided by the one-stop 

9 partners; and 

10 ‘‘(iii) meeting minimum standards re11 lating to how the centers ensure that eligi12 ble providers meet the employment needs 

13 of local employers and participants. 

14 ‘‘(C) EFFECT OF CERTIFICATION.—One15 stop centers certified under this subsection shall 

16 be eligible to receive the infrastructure grants 

17 authorized under subsection (h). 

18 ‘‘(2) LOCAL BOARDS.—Consistent with the cri19 teria developed by the State, the local board may de20 velop additional criteria of higher standards to re21 spond to local labor market and demographic condi22 tions and trends. 

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

24 ‘‘(1) PARTNER CONTRIBUTIONS.— 

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1 ‘‘(A) PROVISION OF FUNDS.—Notwith2 standing any other provision of law, as deter3 mined under subparagraph (B), a portion of the 

4 Federal funds provided to the State and areas 

5 within the State under the Federal laws author6 izing the one-stop partner programs described 

7 in subsection (b)(1)(B) and participating addi8 tional partner programs described in (b)(2)(B) 

9 for a fiscal year shall be provided to the Gov10 ernor by such programs to carry out this sub11 section. 

12 ‘‘(B) DETERMINATION OF GOVERNOR.— 

13 ‘‘(i) IN GENERAL.—Subject to sub14 paragraph (C), the Governor, in consulta15 tion with the State board, shall determine 

16 the portion of funds to be provided under 

17 subparagraph (A) by each one-stop partner 

18 and in making such determination shall 

19 consider the proportionate use of the one20 stop centers by each partner, the costs of 

21 administration for purposes not related to 

22 one-stop centers for each partner, and 

23 other relevant factors described in para24 graph (3). 

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

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

4 the authority of the Governor in an entity 

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

8 and for postsecondary career education ac9 tivities authorized under the Carl D. Per10 kins Career and Technical Education Act, 

11 the determination described in clause (i) 

12 with respect to such programs shall be 

13 made by the Governor with the appropriate 

14 entity or official with such independent 

15 policy-making authority. 

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

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

20 (b) to appeal a determination regarding 

21 the portion of funds to be contributed 

22 under this paragraph on the basis that 

23 such determination is inconsistent with the 

24 criteria described in the State plan or with 

25 the requirements of this paragraph. Such 

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1 procedure shall ensure prompt resolution 

2 of the appeal. 

3 ‘‘(C) LIMITATIONS.— 

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

6 this paragraph by each one-stop partner 

7 shall be provided only from funds available 

8 for the costs of administration under the 

9 program administered by such partner, 

10 and shall be subject to the limitations with 

11 respect to the portion of funds under such 

12 programs that may be used for administra13 tion. 

14 ‘‘(ii) FEDERAL DIRECT SPENDING

15 PROGRAMS.—Programs that are Federal 

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

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

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

20 paragraph, be required to provide an 

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

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

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

2 funds provided under paragraph (1), the Governor 

3 shall allocate funds to local areas in accordance with 

4 the formula established under paragraph (3) for the 

5 purposes of assisting in paying the costs of the in6 frastructure of one-stop centers certified under sub7 section (g). 

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

9 shall develop a formula to be used by the Governor 

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

11 The formula shall include such factors as the State 

12 board determines are appropriate, which may in13 clude factors such as the number of centers in the 

14 local area that have been certified, the population 

15 served by such centers, and the performance of such 

16 centers. 

17 ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur18 poses of this subsection, the term ‘costs of infra19 structure’ means the nonpersonnel costs that are 

20 necessary for the general operation of a one-stop 

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

22 costs of utilities and maintenance, and equipment 

23 (including assistive technology for individuals with 

24 disabilities). 

25 ‘‘(i) OTHER FUNDS.— 

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

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

3 funds made available under Federal law authorizing 

4 the one-stop partner programs described in sub5 section (b)(1)(B) and participating additional part6 ner programs described in subsection (b)(2)(B), or 

7 the noncash resources available under such pro8 grams shall be used to pay the costs relating to the 

9 operation of the one-stop delivery system that are 

10 not paid for from the funds provided under sub11 section (h), to the extent not inconsistent with the 

12 Federal law involved including— 

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

14 of the funds provided under subsection (h); 

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

16 the costs of infrastructure; and 

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

18 ready services applicable to each program. 

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

20 method for determining the appropriate portion of 

21 funds and noncash resources to be provided by each 

22 program under paragraph (1) shall be determined as 

23 part of the memorandum of understanding under 

24 subsection (c). The State board shall provide guid25 ance to facilitate the determination of appropriate 

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1 allocation of the funds and noncash resources in 

2 local areas.’’. 

3 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

4 TRAINING SERVICES. 

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

6 follows: 

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

8 TRAINING SERVICES. 

9 ‘‘(a) ELIGIBILITY.— 

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

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

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

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

17 this section, to be eligible to receive the funds pro18 vided under section 133(b) for the provision of train19 ing services, the provider shall be— 

20 ‘‘(A) a postsecondary educational institu21 tion that— 

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

23 under title IV of the Higher Education Act 

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

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

2 a recognized postsecondary credential; 

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

4 under the Act of August 16, 1937 (commonly 

5 known as the ‘National Apprenticeship Act’; 50 

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

7 or 

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

9 a program of training services. 

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

12 or (C) of paragraph (2) shall comply with the cri13 teria and procedures established under this section 

14 to be included on the list of eligible providers of 

15 training services described in subsection (d). A pro16 vider described in paragraph (2)(B) shall be in17 cluded on the list of eligible providers of training 

18 services described in subsection (d) for so long as 

19 the provider remains certified by the Secretary of 

20 Labor to carry out the programs described in para21 graph (2)(B). 

22 ‘‘(b) CRITERIA.— 

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

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

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

3 measures described in section 136 and other 

4 matters for which information is required under 

5 paragraph (2) and other appropriate measures 

6 of performance outcomes for those participants 

7 receiving training services under this subtitle; 

8 ‘‘(B) whether the training programs of 

9 such providers relate to occupations that are in 

10 demand; 

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

12 services throughout the State, including in rural 

13 areas; 

14 ‘‘(D) the ability of providers to offer pro15 grams that lead to a recognized postsecondary 

16 credential; 

17 ‘‘(E) the information such providers are 

18 required to report to State agencies with re19 spect to other Federal and State programs 

20 (other than the program carried out under this 

21 subtitle), including one-stop partner programs; 

22 and 

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

24 determines are appropriate. 

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

2 by the Governor shall require that a provider of 

3 training services submit appropriate, accurate, and 

4 timely information to the State for purposes of car5 rying out subsection (d), with respect to participants 

6 receiving training services under this subtitle in the 

7 applicable program, including— 

8 ‘‘(A) information on recognized postsec9 ondary credentials received by such partici10 pants; 

11 ‘‘(B) information on costs of attendance 

12 for such participants; 

13 ‘‘(C) information on the program comple14 tion rate for such participants; and 

15 ‘‘(D) information on the performance of 

16 the provider with respect to the performance 

17 measures described in section 136 for such par18 ticipants. 

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

20 the Governor shall also provide for a review every 3 

21 years and renewal of eligibility under this section for 

22 providers of training services. 

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

24 State may establish criteria in addition to the cri25 teria established by the Governor, or may require 

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1 higher levels of performance than required under the 

2 criteria established by the Governor, for purposes of 

3 determining the eligibility of providers of training 

4 services to receive funds described in subsection (a) 

5 to provide the services in the local area involved. 

6 ‘‘(5) LIMITATION.—In carrying out the require7 ments of this subsection, no personally identifiable 

8 information regarding a student, including Social 

9 Security number, student identification number, or 

10 other identifier, may be disclosed without the prior 

11 written consent of the parent or eligible student in 

12 compliance with section 444 of the General Edu13 cation Provisions Act (20 U.S.C. 1232g). 

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

15 under subsection (a) shall— 

16 ‘‘(1) identify— 

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

18 of training services to become eligible to receive 

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

20 training services; and 

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

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

24 based on the criteria established under this sec25 tion; and 

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1 ‘‘(2) establish a process for a provider of train2 ing services to appeal a denial or termination of eli3 gibility under this section that includes an oppor4 tunity for a hearing and prescribes appropriate time 

5 limits to ensure prompt resolution of the appeal. 

6 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

7 CHOOSING PROVIDERS.—In order to facilitate and assist 

8 participants under chapter 5 in choosing providers of 

9 training services, the Governor shall ensure that an appro10 priate list or lists of providers determined eligible under 

11 this section in the State, including information provided 

12 under subsection (b)(2) with respect to such providers, is 

13 provided to the local boards in the State and is made avail14 able to such participants and to members of the public 

15 through the one-stop delivery system in the State. 

16 ‘‘(e) ENFORCEMENT.— 

17 ‘‘(1) IN GENERAL.—The criteria and proce18 dures established under this section shall provide the 

19 following: 

20 ‘‘(A) INTENTIONALLY SUPPLYING INAC21 CURATE INFORMATION.—Upon a determination, 

22 by an individual or entity specified in the cri23 teria or procedures, that a provider of training 

24 services, or individual providing information on 

25 behalf of the provider, intentionally supplied inmstockstill on DSK4VPTVN1PROD with BILLS

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1 accurate information under this section, the eli2 gibility of such provider to receive funds under 

3 chapter 5 shall be terminated for a period of 

4 time that is not less than 2 years. 

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

6 determination, by an individual or entity speci7 fied in the criteria or procedures, that a pro8 vider of training services substantially violated 

9 any requirement under this title, the eligibility 

10 of such provider to receive funds under the pro11 gram involved shall be terminated for a period 

12 of time that is not less than 10 years. 

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

14 services whose eligibility is terminated under 

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

16 repayment of funds received under chapter 5 

17 during a period of noncompliance described in 

18 such subparagraph. 

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

20 construed to provide remedies and penalties that 

21 supplement, but do not supplant, other civil and 

22 criminal remedies and penalties. 

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

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1 mit eligible providers of training services to accept career 

2 enhancement accounts provided in another State. 

3 ‘‘(g) RECOMMENDATIONS.—In developing the cri4 teria, procedures, and information required under this sec5 tion, the Governor shall solicit and take into consideration 

6 the recommendations of local boards and providers of 

7 training services within the State. 

8 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur9 ing the development of the criteria, procedures, require10 ments for information, and the list of eligible providers 

11 required under this section, the Governor shall provide an 

12 opportunity for interested members of the public to submit 

13 comments regarding such criteria, procedures, and infor14 mation. 

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

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

18 training or customized training shall not be subject 

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

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

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

24 as the Governor may require, determine whether the 

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1 ernor may require, and disseminate information 

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

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

6 be identified as eligible providers of training serv7 ices.’’. 

8 SEC. 110. GENERAL AUTHORIZATION. 

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

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

11 inserting the following: ‘‘EMPLOYMENT AND 

12 TRAINING ACTIVITIES’’; and 

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

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

15 (2)(B) of’’; and 

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

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

18 SEC. 111. STATE ALLOTMENTS. 

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

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

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

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

24 appropriated under section 137 for a fiscal year, of 

25 which— 

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

2 technical assistance under section 170; and 

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

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

6 total amount appropriated under section 137 for a 

7 fiscal year to make grants to, and enter into con8 tracts or cooperative agreements with Indian tribes, 

9 tribal organizations, Alaska-Native entities, Indian10 controlled organizations serving Indians, or Native 

11 Hawaiian organizations to carry out employment 

12 and training activities; 

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

14 total amount appropriated under section 137 for a 

15 fiscal year to carry out the Jobs Corps program 

16 under subtitle C; 

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

18 total amount appropriated under section 137 for a 

19 fiscal year to— 

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

21 to provide employment and training assistance 

22 to workers affected by major economic disloca23 tions, such as plant closures, mass layoffs, or 

24 closures and realignments of military installa25 tions; and 

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1 ‘‘(B) provide assistance to Governors of 

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

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

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

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

9 ‘‘(5) from the remaining amount appropriated 

10 under section 137 for a fiscal year (after reserving 

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

13 section.’’; and 

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

16 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

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

18 ‘‘(A) IN GENERAL.—From the amount 

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

20 fiscal year, the Secretary shall reserve not more 

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

22 the outlying areas. 

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

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

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1 an agreement for extension of United States 

2 educational assistance under the Compact of 

3 Free Association (approved by the Compact of 

4 Free Association Amendments Act of 2003 

5 (Public Law 99–658)) after the date of enact6 ment of the SKILLS Act. 

7 ‘‘(2) STATES.— 

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

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

10 Secretary shall allot the remainder of the 

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

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

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

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

19 basis of the relative number of unemployed 

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

22 total number of unemployed individuals in 

23 areas of substantial unemployment in all 

24 States; 

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

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

4 State, compared to the total number of 

5 such individuals in all States; 

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

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

10 the total number of individuals in all 

11 States who have been unemployed for 15 

12 weeks or more; and 

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

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

16 to the total number of disadvantaged youth 

17 in all States. 

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

20 ‘‘(i) MINIMUM PERCENTAGE.—The 

21 Secretary shall ensure that no State shall 

22 receive an allotment under this paragraph 

23 for— 

24 ‘‘(I) fiscal year 2014, that is less 

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1 centage of the State for fiscal year 

2 2012; and 

3 ‘‘(II) fiscal year 2015 and each 

4 succeeding fiscal year, that is less 

5 than 90 percent of the allotment per6 centage of the State for the preceding 

7 fiscal year. 

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

12 ‘‘(I) fiscal year 2014, that is 

13 more than 130 percent of the allot14 ment percentage of the State for fiscal 

15 year 2012; and 

16 ‘‘(II) fiscal year 2015 and each 

17 succeeding fiscal year, that is more 

18 than 130 percent of the allotment per19 centage of the State for the preceding 

20 fiscal year. 

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

24 an allotment under this paragraph for a fiscal 

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1 mainder described in subparagraph (A) for the 

2 fiscal year. 

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

4 the formula specified in this paragraph: 

5 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

6 term ‘allotment percentage’— 

7 ‘‘(I) used with respect to fiscal 

8 year 2012, means the percentage of 

9 the amounts allotted to States under 

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

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

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

15 sections 4103A and 4104 of title 38, 

16 United States Code, and sections 1 

17 through 14 of the Wagner-Peyser Act 

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

20 2012, that is received under such pro21 visions by the State involved for fiscal 

22 year 2012; and 

23 ‘‘(II) used with respect to fiscal 

24 year 2014 or a succeeding fiscal year, 

25 means the percentage of the amounts 

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

4 State involved for the fiscal year. 

5 ‘‘(ii) DISADVANTAGED YOUTH.—The 

6 term ‘disadvantaged youth’ means an indi7 vidual who is not less than age 16 and not 

8 more than age 24 who receives an income, 

9 or is a member of a family that received a 

10 total family income, that in relation to 

11 family size, does not exceed the higher 

12 of— 

13 ‘‘(I) the poverty line; or 

14 ‘‘(II) 70 percent of the lower liv15 ing standard income level. 

16 ‘‘(iii) INDIVIDUAL.—The term ‘indi17 vidual’ means an individual who is age 16 

18 or older.’’. 

19 SEC. 112. WITHIN STATE ALLOCATIONS. 

20 Section 133 is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) RESERVATIONS FOR STATEWIDE WORKFORCE

24 INVESTMENT ACTIVITIES.— 

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1 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

2 ACTIVITIES.—The Governor of a State shall reserve 

3 up to 15 percent of the total amount allotted to the 

4 State under section 132(b)(2) for a fiscal year to 

5 carry out the statewide activities described in section 

6 134(a). 

7 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI8 TIES.—Of the amount reserved under paragraph (1) 

9 for a fiscal year, the Governor of the State shall re10 serve not more than 25 percent for statewide rapid 

11 response activities described in section 134(a)(4). 

12 ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS

13 WITH BARRIERS TO EMPLOYMENT.—Of the amount 

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

15 Governor of a State shall reserve 15 percent to carry 

16 out statewide activities described in section 

17 134(a)(5). 

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

19 more than 5 percent of the funds reserved under 

20 paragraph (1) may be used by the Governor of a 

21 State for administrative costs of carrying out the 

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

23 (2) by amending subsection (b) to read as fol24 lows: 

25 ‘‘(b) WITHIN STATE ALLOCATION.— 

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1 ‘‘(1) METHODS.—The Governor, acting in ac2 cordance with the State plan, and after consulting 

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

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

5 the State for employment and training activities 

6 and not reserved under subsection (a), in ac7 cordance with paragraph (2)(A); and 

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

9 the State under subsection (a)(3) through com10 petitive grants to eligible entities, in accordance 

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

12 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK13 FORCE INVESTMENT FUND.— 

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

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

16 areas, a State shall allocate— 

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

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

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

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

21 ‘‘(iii) 25 percent on the basis de22 scribed in section 132(b)(2)(B)(iii); and 

23 ‘‘(iv) 25 percent on the basis de24 scribed in section 132(b)(2)(B)(iv). 

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1 ‘‘(B) MINIMUM AND MAXIMUM PERCENT2 AGES.— 

3 ‘‘(i) MINIMUM PERCENTAGE.—The 

4 State shall ensure that no local area shall 

5 receive an allocation under this paragraph 

6 for— 

7 ‘‘(I) fiscal year 2014, that is less 

8 than 100 percent of the allocation 

9 percentage of the local area for fiscal 

10 year 2012; and 

11 ‘‘(II) fiscal year 2015 and each 

12 succeeding fiscal year, that is less 

13 than 90 percent of the allocation per14 centage of the local area for the pre15 ceding fiscal year. 

16 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub17 ject to clause (i), the State shall ensure 

18 that no local area shall receive an alloca19 tion for a fiscal year under this paragraph 

20 for— 

21 ‘‘(I) fiscal year 2014, that is 

22 more than 130 percent of the alloca23 tion percentage of the local area for 

24 fiscal year 2012; and 

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1 ‘‘(II) fiscal year 2015 and each 

2 succeeding fiscal year, that is more 

3 than 130 percentage of the allocation 

4 percentage of the local area for the 

5 preceding fiscal year. 

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

7 the formula specified in this paragraph, the 

8 term ‘allocation percentage’— 

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

10 2012, means the percentage of the 

11 amounts allocated to local areas under title 

12 I of this Act, title V of the Older Ameri13 cans Act of 1965 (42 U.S.C. 3056 et seq.), 

14 the Women in Apprenticeship and Non15 traditional Occupations Act (29 U.S.C. 

16 2501 et seq.), sections 4103A and 4104 of 

17 title 38, United States Code, and sections 

18 1 through 14 of the Wagner-Peyser Act 

19 (29 U.S.C. 49 et seq.), as such provisions 

20 were in effect for fiscal year 2012, that is 

21 received under such provisions by the local 

22 area involved for fiscal year 2012; and 

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

24 2014 or a succeeding fiscal year, means 

25 the percentage of the amounts allocated to 

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1 local areas for the fiscal year under this 

2 paragraph that is received under this para3 graph by the local area involved for the fis4 cal year.’’; 

5 (3) in subsection (c)— 

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

7 follows: 

8 ‘‘(1) IN GENERAL.—The Governor, may in ac9 cordance with this subsection, reallocate to eligible 

10 local areas within the State amounts that are allo11 cated under subsection (b) for employment and 

12 training activities and that are available for realloca13 tion.’’; 

14 (B) in paragraph (2), by striking ‘‘para15 graph (2)(A) or (3) of subsection (b) for such 

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

17 such activities’’; 

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

19 follows: 

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

21 to eligible local areas of amounts available pursuant 

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

23 shall allocate to each eligible local area within the 

24 State an amount based on the relative amount allo25 cated to such local area under subsection (b)(2) for 

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1 such activities for such prior program year, as com2 pared to the total amount allocated to all eligible 

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

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

5 (D) in paragraph (4), by striking ‘‘para6 graph (2)(A) or (3) of’’; and 

7 (4) by adding at the end the following new sub8 section: 

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

10 amounts allocated to a local area under this section for 

11 a fiscal year, not more than 10 percent of the amount 

12 may be used by the local board involved for the adminis13 trative costs of carrying out local workforce investment ac14 tivities in the local area under this chapter.’’. 

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

16 ACTIVITIES. 

17 Section 134 is amended— 

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

20 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING AC21 TIVITIES.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) DISTRIBUTION OF STATEWIDE AC24 TIVITIES.—Funds reserved by a Governor for a 

25 State as described in section 133(a)(1)— 

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

2 statewide employment and training activi3 ties described in paragraph (2); and 

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

5 the statewide employment and training ac6 tivities described in paragraph (3). 

7 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI8 TIES.—Funds reserved by a Governor for a 

9 State as described in section 133(a)(2) shall be 

10 used to carry out the statewide rapid response 

11 activities described in paragraph (4). 

12 ‘‘(C) STATEWIDE GRANTS FOR INDIVID13 UALS WITH BARRIERS TO EMPLOYMENT.— 

14 Funds reserved by a Governor for a State as 

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

16 carry out the Statewide Grants for Individuals 

17 with Barriers to Employment competition de18 scribed in paragraph (5). 

19 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

20 TRAINING ACTIVITIES.—A State shall use funds re21 served as described in section 133(a)(1) to carry out 

22 statewide employment and training activities, which 

23 shall include— 

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

25 providers of training described in section 

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1 122(d), information identifying eligible pro2 viders of on-the-job training and customized 

3 training described in section 122(i), and per4 formance information and program cost infor5 mation described in section 122(b)(2); 

6 ‘‘(B) supporting the provision of work 

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

8 the one-stop delivery system; 

9 ‘‘(C) implementing strategies and services 

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

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

12 education and skills, recognized postsecondary 

13 credentials, and employment experience to suc14 ceed in the labor market; 

15 ‘‘(D) conducting evaluations under section 

16 136(e) of activities authorized under this chap17 ter in coordination with evaluations carried out 

18 by the Secretary under section 172; 

19 ‘‘(E) providing technical assistance to local 

20 areas that fail to meet local performance meas21 ures; 

22 ‘‘(F) operating a fiscal and management 

23 accountability system under section 136(f); and 

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1 ‘‘(G) carrying out monitoring and over2 sight of activities carried out under this chap3 ter. 

4 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT

5 AND TRAINING ACTIVITIES.—A State may use funds 

6 reserved as described in section 133(a)(1) to carry 

7 out statewide employment and training activities 

8 which may include— 

9 ‘‘(A) implementing innovative programs 

10 and strategies designed to meet the needs of all 

11 employers in the State, including small employ12 ers, which may include incumbent worker train13 ing programs, sectoral and industry cluster 

14 strategies and partnerships, career ladder pro15 grams, micro-enterprise and entrepreneurial 

16 training and support programs, utilization of ef17 fective business intermediaries, activities to im18 prove linkages between the one-stop delivery 

19 system in the State and all employers (includ20 ing small employers) in the State, and other 

21 business services and strategies that better en22 gage employers in workforce investment activi23 ties and make the workforce investment system 

24 more relevant to the needs of State and local 

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1 businesses, consistent with the objectives of this 

2 title; 

3 ‘‘(B) providing incentive grants to local 

4 areas for regional cooperation among local 

5 boards (including local boards in a designated 

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

7 coordination of activities carried out under this 

8 Act, and for exemplary performance by local 

9 areas on the local performance measures; 

10 ‘‘(C) developing strategies for effectively 

11 integrating programs and services among one12 stop partners; 

13 ‘‘(D) carrying out activities to facilitate re14 mote access to services provided through a one15 stop delivery system, including facilitating ac16 cess through the use of technology; 

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

18 contracting strategies as an element in funding 

19 activities under this section; 

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

21 subsection (f)(8); and 

22 ‘‘(G) carrying out other activities author23 ized under this section that the State deter24 mines to be necessary to assist local areas in 

25 carrying out activities described in subsection 

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1 (c) or (d) through the statewide workforce in2 vestment system. 

3 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVI4 TIES.—A State shall use funds reserved as described 

5 in section 133(a)(2) to carry out statewide rapid re6 sponse activities, which shall include— 

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

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

9 entity designated by the State, working in con10 junction with the local boards and the chief 

11 elected officials in the local areas; and 

12 ‘‘(B) provision of additional assistance to 

13 local areas that experience disasters, mass lay14 offs or plant closings, or other events that pre15 cipitate substantial increases in the number of 

16 unemployed individuals, carried out in local 

17 areas by the State or by an entity designated 

18 by the State, working in conjunction with the 

19 local boards and the chief elected officials in the 

20 local areas. 

21 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS

22 WITH BARRIERS TO EMPLOYMENT.— 

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

24 as described in section 133(a)(3), the Governor 

25 of a State— 

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

2 provide technical assistance to, and con3 duct evaluations as described in section 

4 136(e), of the programs and activities car5 ried out under this paragraph; and 

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

7 grants on a competitive basis to eligible en8 tities described in subparagraph (B) to 

9 carry out employment and training pro10 grams authorized under this paragraph for 

11 individuals with barriers to employment 

12 that meet specific performance outcomes 

13 and criteria established by the Governor. 

14 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

15 purposes of this paragraph, the term ‘eligible 

16 entity’ means an entity that— 

17 ‘‘(i) is a— 

18 ‘‘(I) local board or a consortium 

19 of local boards; 

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

21 entity, or a consortium of nonprofit or 

22 for-profit entities; or 

23 ‘‘(III) consortium of the entities 

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

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1 ‘‘(ii) has a demonstrated record of 

2 placing individuals into unsubsidized em3 ployment and serving hard to serve individ4 uals; and 

5 ‘‘(iii) agrees to be reimbursed pri6 marily on the basis of achievement of spec7 ified performance outcomes and criteria es8 tablished by the Governor. 

9 ‘‘(C) GRANT PERIOD.— 

10 ‘‘(i) IN GENERAL.—A grant under 

11 this paragraph shall be awarded for a pe12 riod of 1 year. 

13 ‘‘(ii) GRANT RENEWAL.—A Governor 

14 of a State may renew, for up to 4 addi15 tional 1-year periods, a grant awarded 

16 under this paragraph. 

17 ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eli18 gible to participate in activities under this para19 graph, an individual shall be a low-income indi20 vidual age 16 or older or a member of a low21 income family. 

22 ‘‘(E) USE OF FUNDS.—An eligible entity 

23 receiving a grant under this paragraph shall use 

24 such funds for activities that are designed to 

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1 ment and acquiring the education and skills 

2 necessary to succeed in the labor market. 

3 ‘‘(F) APPLICATIONS.—To be eligible to re4 ceive a grant under this paragraph, an eligible 

5 entity shall submit an application to a State at 

6 such time, in such manner, and containing such 

7 information as the State may require, includ8 ing— 

9 ‘‘(i) a description of how the strate10 gies and activities will be aligned with the 

11 State plan submitted under section 112 

12 and the local plan submitted under section 

13 118 with respect to the areas of the State 

14 that will be the focus of grant activities 

15 under this paragraph; 

16 ‘‘(ii) a description of the educational 

17 and skills training programs and activities 

18 the eligible entity will provide to eligible 

19 participants under this paragraph; 

20 ‘‘(iii) how the eligible entity will col21 laborate with State and local workforce in22 vestment systems established under this 

23 title in the provision of such programs and 

24 activities; 

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

2 demonstrated effectiveness on which the 

3 provision of such educational and skills 

4 training programs and activities are based, 

5 and a description of how such programs 

6 and activities will improve the education 

7 and skills training for eligible participants; 

8 ‘‘(v) a description of the populations 

9 to be served and the skill needs of those 

10 populations, and the manner in which eligi11 ble participants will be recruited and se12 lected as participants; 

13 ‘‘(vi) a description of the private, pub14 lic, local, and State resources that will be 

15 leveraged, in addition to the grant funds 

16 provided for the programs and activities 

17 under this paragraph, and how the entity 

18 will ensure the sustainability of such pro19 grams and activities after grant funds are 

20 no longer available; 

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

22 the involvement of employers in such pro23 grams and activities; 

24 ‘‘(viii) a description of the levels of 

25 performance the eligible entity expects to 

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1 achieve with respect to the indicators of 

2 performance for all individuals specified in 

3 section in 136(b)(2); 

4 ‘‘(ix) a detailed budget and a descrip5 tion of the system of fiscal controls, and 

6 auditing and accountability procedures 

7 that will be used to ensure fiscal soundness 

8 for the programs and activities provided 

9 under this paragraph; and 

10 ‘‘(x) any other criteria the Governor 

11 may require.’’; 

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

14 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI15 TIES.—Funds allocated to a local area under section 

16 133(b)— 

17 ‘‘(1) shall be used to carry out employment and 

18 training activities described in subsection (c); and 

19 ‘‘(2) may be used to carry out employment and 

20 training activities described in subsection (d).’’; 

21 (3) by striking subsection (c); 

22 (4) by redesignating subsections (d) and (e), as 

23 subsections (c) and (d), respectively; 

24 (5) in subsection (c) (as so redesignated)— 

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

2 follows: 

3 ‘‘(1) IN GENERAL.—Funds allocated to a local 

4 area under section 133(b) shall be used— 

5 ‘‘(A) to establish a one-stop delivery sys6 tem as described in section 121(e); 

7 ‘‘(B) to provide the work ready services de8 scribed in paragraph (2) through the one-stop 

9 delivery system in accordance with such para10 graph; and 

11 ‘‘(C) to provide training services described 

12 in paragraph (4) in accordance with such para13 graph.’’; 

14 (B) in paragraph (2)— 

15 (i) in the heading, by striking ‘‘CORE

16 SERVICES’’ and inserting ‘‘WORK READY

17 SERVICES’’; 

18 (ii) in the matter preceding subpara19 graph (A)— 

20 (I) by striking ‘‘(1)(A)’’ and in21 serting ‘‘(1)(B)’’; 

22 (II) by striking ‘‘core services’’ 

23 and inserting ‘‘work ready services’’; 

24 and 

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1 (III) by striking ‘‘who are adults 

2 or dislocated workers’’; 

3 (iii) by redesignating subparagraph 

4 (K) as subparagraph (V); 

5 (iv) by redesignating subparagraphs 

6 (B) through (J) as subparagraphs (C) 

7 through (K), respectively; 

8 (v) by inserting after subparagraph 

9 (A) the following: 

10 ‘‘(B) assistance in obtaining eligibility de11 terminations under the other one-stop partner 

12 programs through activities, where appropriate 

13 and consistent with the authorizing statute of 

14 the one-stop partner program, such as assisting 

15 in the submission of applications, the provision 

16 of information on the results of such applica17 tions, and the provision of intake services and 

18 information;’’; 

19 (vi) by amending subparagraph (E), 

20 as so redesignated, to read as follows: 

21 ‘‘(E) labor exchange services, including— 

22 ‘‘(i) job search and placement assist23 ance, and where appropriate, career coun24 seling; 

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1 ‘‘(ii) appropriate recruitment services 

2 for employers, including small employers, 

3 in the local area, which may include serv4 ices described in this subsection, including 

5 information and referral to specialized 

6 business services not traditionally offered 

7 through the one-stop delivery system; and 

8 ‘‘(iii) reemployment services provided 

9 to unemployment claimants, including 

10 claimants identified as in need of such 

11 services under the worker profiling system 

12 established under section 303(j) of the So13 cial Security Act (42 U.S.C. 503(j));’’; 

14 (vii) in subparagraph (F), as so redes15 ignated, by striking ‘‘employment statis16 tics’’ and inserting ‘‘workforce and labor 

17 market’’; 

18 (viii) in subparagraph (G), as so re19 designated, by striking ‘‘and eligible pro20 viders of youth activities described in sec21 tion 123,’’; 

22 (ix) in subparagraph (H), as so redes23 ignated, by inserting ‘‘under section 136’’ 

24 after ‘‘local performance measures’’; 

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1 (x) in subparagraph (J), as so redes2 ignated, by inserting ‘‘and the administra3 tion of the work test for the unemployment 

4 compensation system’’ after ‘‘compensa5 tion’’; 

6 (xi) by amending subparagraph (K), 

7 as so redesignated, to read as follows: 

8 ‘‘(K) assistance in establishing eligibility 

9 for programs of financial aid assistance for 

10 training and education programs that are not 

11 funded under this Act and are available in the 

12 local area;’’; and 

13 (xii) by inserting the following new 

14 subparagraphs after subparagraph (K), as 

15 so redesignated: 

16 ‘‘(L) the provision of information from of17 ficial publications of the Internal Revenue Serv18 ice regarding Federal tax credits available to in19 dividuals relating to education, job training and 

20 employment; 

21 ‘‘(M) comprehensive and specialized assess22 ments of the skill levels and service needs of 

23 workers, which may include— 

24 ‘‘(i) diagnostic testing and use of 

25 other assessment tools; and 

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1 ‘‘(ii) in-depth interviewing and evalua2 tion to identify employment barriers and 

3 appropriate employment goals; 

4 ‘‘(N) development of an individual employ5 ment plan, to identify the employment goals, 

6 appropriate achievement objectives, and appro7 priate combination of services for the partici8 pant; 

9 ‘‘(O) group counseling; 

10 ‘‘(P) individual counseling and career plan11 ning; 

12 ‘‘(Q) case management; 

13 ‘‘(R) short-term pre-career services, includ14 ing development of learning skills, communica15 tions skills, interviewing skills, punctuality, per16 sonal maintenance skills, and professional con17 duct, to prepare individuals for unsubsidized 

18 employment or training; 

19 ‘‘(S) internships and work experience; 

20 ‘‘(T) literacy activities relating to basic 

21 work readiness, information and communication 

22 technology literacy activities, and financial lit23 eracy activities, if such activities are not avail24 able to participants in the local area under pro25 grams administered under the Adult Education 

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1 and Family Literacy Act (20 U.S.C. 2901 et 

2 seq.); 

3 ‘‘(U) out-of-area job search assistance and 

4 relocation assistance; and’’; and 

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

6 follows: 

7 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

8 services described in paragraph (2) shall be provided 

9 through the one-stop delivery system and may be 

10 provided through contracts with public, private for11 profit, and private nonprofit service providers, ap12 proved by the local board.’’; 

13 (D) in paragraph (4)— 

14 (i) by amending subparagraph (A) to 

15 read as follows: 

16 ‘‘(A) IN GENERAL.—Funds described in 

17 paragraph (1)(C) shall be used to provide train18 ing services to individuals who— 

19 ‘‘(i) after an interview, evaluation, or 

20 assessment, and case management, have 

21 been determined by a one-stop operator or 

22 one-stop partner, as appropriate, to— 

23 ‘‘(I) be in need of training serv24 ices to obtain or retain employment; 

25 and 

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1 ‘‘(II) have the skills and quali2 fications to successfully participate in 

3 the selected program of training serv4 ices; 

5 ‘‘(ii) select programs of training serv6 ices that are directly linked to the employ7 ment opportunities in the local area in8 volved or in another area in which the indi9 vidual receiving such services are willing to 

10 commute or relocate; and 

11 ‘‘(iii) who meet the requirements of 

12 subparagraph (B);’’; and 

13 (ii) in subparagraph (B)(i), by strik14 ing ‘‘Except’’ and inserting ‘‘Notwith15 standing section 479B of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1087uu) 

17 and except’’; 

18 (iii) by amending subparagraph (D) to 

19 read as follows: 

20 ‘‘(D) TRAINING SERVICES.—Training serv21 ices authorized under this paragraph may in22 clude— 

23 ‘‘(i) occupational skills training; 

24 ‘‘(ii) on-the-job training; 

25 ‘‘(iii) skill upgrading and retraining; 

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1 ‘‘(iv) entrepreneurial training; 

2 ‘‘(v) education activities leading to a 

3 regular secondary school diploma or its 

4 recognized equivalent in combination with, 

5 concurrently or subsequently, occupational 

6 skills training; 

7 ‘‘(vi) adult education and literacy ac8 tivities provided in conjunction with other 

9 training authorized under this subpara10 graph; 

11 ‘‘(vii) workplace training combined 

12 with related instruction; 

13 ‘‘(viii) occupational skills training that 

14 incorporates English language acquisition; 

15 ‘‘(ix) customized training conducted 

16 with a commitment by an employer or 

17 group of employers to employ an individual 

18 upon successful completion of the training; 

19 and 

20 ‘‘(x) training programs operated by 

21 the private sector.’’; 

22 (iv) by striking subparagraph (E) and 

23 redesignating subparagraphs (F) and (G) 

24 as subparagraphs (E) and (F), respec25 tively; and 

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1 (v) in subparagraph (E) (as so redes2 ignated)— 

3 (I) in clause (ii)— 

4 (aa) in the matter preceding 

5 subclause (I), by striking ‘‘sub6 section (c)’’ and inserting ‘‘sec7 tion 121’’; 

8 (bb) in subclause (I), by 

9 striking ‘‘section 122(e)’’ and in10 serting ‘‘section 122(d)’’ and by 

11 striking ‘‘section 122(h)’’ and in12 serting ‘‘section 122(i)’’; and 

13 (cc) in subclause (II), by 

14 striking ‘‘subsections (e) and 

15 (h)’’ and inserting ‘‘subsection 

16 (i)’’; and 

17 (II) by striking clause (iii) and 

18 inserting the following: 

19 ‘‘(iii) CAREER ENHANCEMENT AC20 COUNTS.—An individual who seeks train21 ing services and who is eligible pursuant to 

22 subparagraph (A), may, in consultation 

23 with a case manager, select an eligible pro24 vider of training services from the list or 

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1 scribed in clause (ii)(I). Upon such selec2 tion, the one-stop operator involved shall, 

3 to the extent practicable, refer such indi4 vidual to the eligible provider of training 

5 services, and arrange for payment for such 

6 services through a career enhancement ac7 count. 

8 ‘‘(iv) COORDINATION.—Each local 

9 board may, through one-stop centers, co10 ordinate career enhancement accounts with 

11 other Federal, State, local, or private job 

12 training programs or sources to assist the 

13 individual in obtaining training services. 

14 ‘‘(v) ASSISTANCE.—Each local board 

15 may, through one-stop centers, assist indi16 viduals receiving career enhancement ac17 counts in obtaining funds (in addition to 

18 the funds provided under this section) 

19 from other programs and sources that will 

20 assist the individual in obtaining training 

21 services.’’; and 

22 (vi) in subparagraph (F) (as so redes23 ignated)— 

24 (I) in the subparagraph heading, 

25 by striking ‘‘INDIVIDUAL TRAINING

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1 ACCOUNTS’’ and inserting ‘‘CAREER

2 ENHANCEMENT ACCOUNTS’’; 

3 (II) in clause (i) by striking ‘‘in4 dividual training accounts’’ and in5 serting ‘‘career enhancement ac6 counts’’; 

7 (III) in clause (ii)— 

8 (aa) by striking ‘‘an indi9 vidual training account’’ and in10 serting ‘‘a career enhancement 

11 account’’; 

12 (bb) by striking ‘‘subpara13 graph (F)’’ and inserting ‘‘sub14 paragraph (E)’’; 

15 (cc) in subclause (II), by 

16 striking ‘‘individual training ac17 counts’’ and inserting ‘‘career en18 hancement accounts’’; 

19 (dd) in subclause (II) by 

20 striking ‘‘or’’ after the semicolon; 

21 (ee) in subclause (III) by 

22 striking the period and inserting 

23 ‘‘; or’’; and 

24 (ff) by adding at the end the 

25 following: 

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1 ‘‘(IV) the local board determines 

2 that it would be most appropriate to 

3 award a contract to an institution of 

4 higher education in order to facilitate 

5 the training of multiple individuals in 

6 in-demand sectors or occupations, if 

7 such contract does not limit customer 

8 choice.’’; 

9 (IV) in clause (iii), by striking 

10 ‘‘adult or dislocated worker’’ and in11 serting ‘‘individual’’; and 

12 (V) in clause (iv)— 

13 (aa) by redesignating sub14 clause (IV) as subclause (V) and 

15 inserting after subclause (III) the 

16 following: 

17 ‘‘(IV) Individuals with disabil18 ities.’’; 

19 (6) in subsection (d) (as so redesignated)— 

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

21 follows: 

22 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC23 TIVITIES.— 

24 ‘‘(A) IN GENERAL.—Funds allocated to a 

25 local area under section 133(b)(2) may be used 

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1 to provide, through the one-stop delivery sys2 tem— 

3 ‘‘(i) customized screening and referral 

4 of qualified participants in training serv5 ices to employers; 

6 ‘‘(ii) customized employment-related 

7 services to employers on a fee-for-service 

8 basis; 

9 ‘‘(iii) customer supports, including 

10 transportation and childcare, to navigate 

11 among multiple services and activities for 

12 special participant populations that face 

13 multiple barriers to employment, including 

14 individuals with disabilities; 

15 ‘‘(iv) employment and training assist16 ance provided in coordination with child 

17 support enforcement activities of the State 

18 agency carrying out subtitle D of title IV 

19 of the Social Security Act (42 U.S.C. 651 

20 et seq.); 

21 ‘‘(v) incorporating pay-for-perform22 ance contracting strategies as an element 

23 in funding activities under this section; 

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1 stop delivery system, including facilitating 

2 access through the use of technology; and 

3 ‘‘(vii) activities to carry out business 

4 services and strategies that meet the work5 force investment needs of local area em6 ployers, as determined by the local board, 

7 consistent with the local plan under section 

8 118.’’. 

9 (B) by striking paragraphs (2) and (3); 

10 and 

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

12 ‘‘(2) INCUMBENT WORKER TRAINING PRO13 GRAMS.— 

14 ‘‘(A) IN GENERAL.—The local board may 

15 use funds allocated to a local area under section 

16 133(b)(2) to carry out incumbent worker train17 ing programs in accordance with this para18 graph. 

19 ‘‘(B) TRAINING ACTIVITIES.—The training 

20 programs for incumbent workers under this 

21 paragraph shall be carried out by the local area 

22 in conjunction with the employers of such work23 ers for the purpose of assisting such workers in 

24 obtaining the skills necessary to retain employ25 ment and avert layoffs. 

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1 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

2 ‘‘(i) IN GENERAL.—Employers partici3 pating in programs under this paragraph 

4 shall be required to pay a proportion of the 

5 costs of providing the training to the in6 cumbent workers of the employers. The 

7 local board shall establish the required por8 tion of such costs, which may include in9 kind contributions. 

10 ‘‘(ii) CALCULATION OF MATCH.—The 

11 wages paid by an employer to a worker 

12 while they are attending training may be 

13 included as part of the required payment 

14 of the employer.’’; and 

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

16 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

17 JOBS.—In providing employment and training activities 

18 authorized under this section, the State and local board 

19 shall give priority to placing participants in jobs in the 

20 private sector. 

21 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (8), a 

23 local board shall hire and employ one or more vet24 eran employment specialist to carry out employment, 

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1 training, and placement services under this sub2 section in the local area served by the local board. 

3 ‘‘(2) PRINCIPAL DUTIES.—A veteran employ4 ment specialist in a local area shall— 

5 ‘‘(A) conduct outreach to employers in the 

6 local area to assist veterans, including disabled 

7 veterans, in gaining employment, including— 

8 ‘‘(i) conducting seminars for employ9 ers; and 

10 ‘‘(ii) in conjunction with employers, 

11 conducting job search workshops, and es12 tablishing job search groups; and 

13 ‘‘(B) facilitate employment, training, sup14 portive, and placement services furnished to 

15 veterans, including disabled and homeless vet16 erans, in the local area. 

17 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

18 INDIVIDUALS WITH EXPERTISE IN SERVING VET19 ERANS.—Subject to paragraph (8), a local board 

20 shall, to the maximum extent practicable, employ 

21 veterans or individuals with expertise in serving vet22 erans to carry out the services described in para23 graph (2) in the local area served by the local board. 

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1 ment specialist, a local board shall give preference to 

2 veterans and other individuals in the following order: 

3 ‘‘(A) To service-connected disabled vet4 erans. 

5 ‘‘(B) If no veteran described in subpara6 graph (A) is available, to veterans. 

7 ‘‘(C) If no veteran described in subpara8 graph (A) or (B) is available, to any member of 

9 the Armed Forces transitioning out of military 

10 service. 

11 ‘‘(D) If no veteran described in subpara12 graph (A), (B), or (C) is available, to any 

13 spouse of a veteran or a spouse of a member of 

14 the Armed Forces transitioning out of military 

15 service. 

16 ‘‘(E) If no veteran described in subpara17 graph (A), (B), or (C) is available and no 

18 spouse described in paragraph (D) is available, 

19 to any other individuals with expertise in serv20 ing veterans. 

21 ‘‘(4) ADMINISTRATION AND REPORTING.— 

22 ‘‘(A) IN GENERAL.—Each veteran employ23 ment specialist shall be administratively respon24 sible to the manager of the one-stop delivery 

25 center in the local area and shall provide, at a 

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1 minimum, quarterly reports to the manager of 

2 such center and to the Director for Veterans’ 

3 Employment and Training for the State on the 

4 performance and compliance by the specialist 

5 with Federal law and regulations with respect 

6 to the— 

7 ‘‘(i) principal duties and special serv8 ices for veterans described in paragraph 

9 (2); and 

10 ‘‘(ii) hiring preferences described in 

11 paragraph (3) for veterans and individuals 

12 with expertise in serving veterans. 

13 ‘‘(B) REPORT TO SECRETARY.—Each 

14 State shall submit to the Secretary an annual 

15 report on the qualifications used by the local 

16 board in making hiring determinations for a 

17 veteran employment specialist and the salary 

18 structure under which such specialist is com19 pensated. 

20 ‘‘(C) REPORT TO CONGRESS.—The Sec21 retary shall submit to the Committee on Edu22 cation and the Workforce and the Committee 

23 on Veterans’ Affairs of the House of Represent24 atives and the Committee on Health, Edu25 cation, Labor, and Pensions and the Committee 

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1 on Veterans’ Affairs of the Senate an annual 

2 report summarizing the reports submitted 

3 under subparagraph (B), including summaries 

4 of outcomes achieved by participating veterans 

5 disaggregated by local areas. 

6 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet7 eran employment specialist shall perform the func8 tions of a veteran employment specialist under this 

9 subsection on a halftime basis. 

10 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

11 employment specialist described in paragraph (2) 

12 shall satisfactorily complete training provided by the 

13 National Veterans’ Employment and Training Insti14 tute during the three-year period that begins on the 

15 date on which the employee is so assigned. 

16 ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet17 eran employment specialist shall perform only duties 

18 related to the employment, training, supportive, and 

19 placement services under this subsection, and shall 

20 not perform other non-veteran-related duties if such 

21 duties detract from the specialist’s ability to perform 

22 the specialist’s duties related to employment, train23 ing, and placement services under this subsection. 

24 ‘‘(8) STATE OPTION.—At the request of a local 

25 board, a State may assume the duties assigned to 

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1 the local board under paragraphs (1) and (3), in2 cluding the hiring and employment of one or more 

3 veteran employment specialist for placement in the 

4 local area served by the local board.’’. 

5 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

6 Section 136 (29 U.S.C. 2871) is amended— 

7 (1) in subsection (b)— 

8 (A) by amending paragraphs (1) and (2) 

9 to read as follows: 

10 ‘‘(1) IN GENERAL.—For each State, the State 

11 performance measures shall consist of— 

12 ‘‘(A)(i) the core indicators of performance 

13 described in paragraph (2)(A); and 

14 ‘‘(ii) additional indicators of performance 

15 (if any) identified by the State under paragraph 

16 (2)(B); and 

17 ‘‘(B) a State adjusted level of performance 

18 for each indicator described in subparagraph 

19 (A). 

20 ‘‘(2) INDICATORS OF PERFORMANCE.— 

21 ‘‘(A) CORE INDICATORS OF PERFORM22 ANCE.— 

23 ‘‘(i) IN GENERAL.—The core indica24 tors of performance for the program of em25 ployment and training activities authorized 

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1 under sections 132(a)(2) and 134, the pro2 gram of adult education and literacy activi3 ties authorized under title II, and the pro4 gram authorized under title I of the Reha5 bilitation Act of 1973 (29 U.S.C. 720 et 

6 seq.), other than section 112 or part C of 

7 that title (29 U.S.C. 732, 741), shall con8 sist of the following indicators of perform9 ance, each disaggregated by the popu10 lations identified in the State and local 

11 plans: 

12 ‘‘(I) The percentage and number 

13 of program participants who are in 

14 unsubsidized employment during the 

15 second full calendar quarter after exit 

16 from the program. 

17 ‘‘(II) The percentage and number 

18 of program participants who are in 

19 unsubsidized employment during the 

20 fourth full calendar quarter after exit 

21 from the program. 

22 ‘‘(III) The median earnings of 

23 program participants who are in un24 subsidized employment during the sec25 ond full calendar quarter after exit 

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1 from the program compared to the 

2 median earnings of such participants 

3 prior to the training received under 

4 such program. 

5 ‘‘(IV) The percentage and num6 ber of program participants who ob7 tain a recognized postsecondary cre8 dential, a registered apprenticeship, 

9 an industry-recognized credential, or a 

10 regular secondary school diploma or 

11 its recognized equivalent (subject to 

12 clause (ii)), during participation in or 

13 within 1 year after exit from program. 

14 ‘‘(V) The percentage and number 

15 of program participants who, during a 

16 program year— 

17 ‘‘(aa) are in an education or 

18 training program that leads to a 

19 recognized postsecondary creden20 tial, a registered apprenticeship 

21 or on-the-job training program, 

22 an industry-recognized credential, 

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1 lent, or unsubsidized employ2 ment; and 

3 ‘‘(bb) are achieving measur4 able basic skill gains toward such 

5 a credential or employment. 

6 ‘‘(VI) The percentage and num7 ber of program participants who ob8 tain unsubsidized employment in the 

9 field relating to the training services 

10 described in section 134(c)(4) that 

11 such participants received. 

12 ‘‘(ii) INDICATOR RELATING TO CRE13 DENTIAL.—For purposes of clause (i)(IV), 

14 program participants who obtain a regular 

15 secondary school diploma or its recognized 

16 equivalent shall be included in the percent17 age counted as meeting the criterion under 

18 such clause only if such participants, in 

19 addition to obtaining such diploma or its 

20 recognized equivalent, have, within 1 year 

21 after exit from the program, obtained or 

22 retained employment, have been removed 

23 from public assistance, or are in an edu24 cation or training program leading to a 

25 recognized postsecondary credential. 

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1 ‘‘(B) ADDITIONAL INDICATORS.—A State 

2 may identify in the State plan additional indica3 tors for workforce investment activities author4 ized under this subtitle.’’; and 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A)— 

7 (I) in the heading, by striking 

8 ‘‘AND CUSTOMER SATISFACTION INDI9 CATOR’’; 

10 (II) in clause (i), by striking 

11 ‘‘and the customer satisfaction indi12 cator described in paragraph (2)(B)’’; 

13 (III) in clause (ii), by striking 

14 ‘‘and the customer satisfaction indi15 cator of performance, for the first 3’’ 

16 and inserting ‘‘, for all 3’’; 

17 (IV) in clause (iii)— 

18 (aa) in the heading, by 

19 striking ‘‘FOR FIRST 3 YEARS’’; 

20 and 

21 (bb) by striking ‘‘and the 

22 customer satisfaction indicator of 

23 performance, for the first 3 pro24 gram years’’ and inserting ‘‘for 

25 all 3 program years’’; 

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1 (V) in clause (iv)— 

2 (aa) by striking ‘‘or (v)’’; 

3 (bb) by striking subclause 

4 (I) and redesignating subclauses 

5 (II) and (III) as subclauses (I) 

6 and (II), respectively; and 

7 (cc) in subclause (I) (as so 

8 redesignated)— 

9 (AA) by striking ‘‘tak10 ing into account’’ and in11 serting ‘‘which shall be ad12 justed based on’’; 

13 (BB) by inserting ‘‘, 

14 such as unemployment rates 

15 and job losses or gains in 

16 particular industries’’ after 

17 ‘‘economic conditions’’; and 

18 (CC) by inserting ‘‘, 

19 such as indicators of poor 

20 work experience, dislocation 

21 from high-wage employment, 

22 low levels of literacy or 

23 English proficiency, dis24 ability status, including the 

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1 abilities, and welfare de2 pendency’’ after ‘‘program’’; 

3 (VI) by striking clause (v) and 

4 redesignating clause (vi) as clause (v); 

5 and 

6 (VII) in clause (v) (as so redesig7 nated), 

8 (aa) by striking ‘‘described 

9 in clause (iv)(II)’’ and inserting 

10 ‘‘described in clause (iv)(I)’’; and 

11 (bb) by striking ‘‘or (v)’’; 

12 and 

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

14 ‘‘paragraph (2)(C)’’ and inserting ‘‘para15 graph (2)(B)’’; 

16 (2) in subsection (c)(1)(A)— 

17 (A) by amending clause (i) to read as fol18 lows: ‘‘(i) the core indicators of performance de19 scribed in subsection (b)(2)(A) for activities de20 scribed in such subsections, other than state21 wide workforce investment activities; and’’; 

22 (B) in clause (ii), by striking ‘‘(b)(2)(C)’’ 

23 and inserting ‘‘(b)(2)(B)’’; and 

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

25 follows: 

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1 ‘‘(3) DETERMINATIONS.—In determining such 

2 local levels of performance, the local board, the chief 

3 elected official, and the Governor shall ensure such 

4 levels are adjusted based on the specific economic 

5 characteristics (such as unemployment rates and job 

6 losses or gains in particular industries), demographic 

7 characteristics, or other characteristics of the popu8 lation to be served in the local area.’’; 

9 (3) in subsection (d)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘127 or’’; and 

12 (ii) by striking ‘‘and the customer sat13 isfaction indicator’’ each place it appears; 

14 (B) in paragraph (2)— 

15 (i) by striking subparagraphs (A), 

16 (B), and (D); 

17 (ii) by redesignating subparagraph 

18 (C) as subparagraph (A); 

19 (iii) by redesignating subparagraph 

20 (E) as subparagraph (B); 

21 (iv) in subparagraph (B), as so redes22 ignated— 

23 (I) by striking ‘‘(excluding par24 ticipants who received only self-service 

25 and informational activities)’’; and 

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1 (II) by striking ‘‘and’’ at the end; 

2 (v) by striking subparagraph (F); 

3 (vi) by adding at the end the fol4 lowing: 

5 ‘‘(C) with respect to each local area in the 

6 State— 

7 ‘‘(i) the number of individuals who re8 ceived work ready services described under 

9 section 134(c)(2) and the number of indi10 viduals who received training services de11 scribed under section 134(c)(4) during the 

12 most recent program year and fiscal year, 

13 and the preceding 5 program years, where 

14 the individuals received the training, 

15 disaggregated by the type of entity that 

16 provided the training, and the amount of 

17 funds spent on each type of service; 

18 ‘‘(ii) the number of individuals who 

19 successfully exited out of work ready serv20 ices described under section 134(c)(2) and 

21 the number of individuals who exited out 

22 of training services described under section 

23 134(c)(4) during the most recent program 

24 year and fiscal year, and the preceding 5 

25 program years, and where the individuals 

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1 received the training, disaggregated by the 

2 type of entity that provided the training; 

3 and 

4 ‘‘(iii) the average cost per participant 

5 of those individuals who received work 

6 ready services described under section 

7 134(c)(2) and the average cost per partici8 pant of those individuals who received 

9 training services described under section 

10 134(c)(4) during the most recent program 

11 year and fiscal year, and the preceding 5 

12 program years, and where the individuals 

13 received the training, disaggregated by the 

14 type of entity that provided the training; 

15 and 

16 ‘‘(E) the amount of funds spent on train17 ing services and discretionary one-stop delivery 

18 activities, disaggregated by the populations 

19 identified in the State and local plans.’’; 

20 (C) in paragraph (3)(A), by striking 

21 ‘‘through publication’’ and inserting ‘‘through 

22 electronic means’’; and 

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

24 ‘‘(4) DATA VALIDATION.—In preparing the re25 ports described in this subsection, each State shall 

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1 establish procedures, consistent with guidelines 

2 issued by the Secretary, to ensure the information 

3 contained in the report is valid and reliable. 

4 ‘‘(5) STATE AND LOCAL POLICIES.— 

5 ‘‘(A) STATE POLICIES.—Each State that 

6 receives an allotment under section 132 shall 

7 maintain a central repository of policies related 

8 to access, eligibility, availability of services, and 

9 other matters and plans approved by the State 

10 board and make such repository available to the 

11 public, including by electronic means. 

12 ‘‘(B) LOCAL POLICIES.—Each local area 

13 that receives an allotment under section 133 

14 shall maintain a central repository of policies 

15 related to access, eligibility, availability of serv16 ices, and other matters and plans approved by 

17 the local board and make such repository avail18 able to the public, including by electronic 

19 means.’’; 

20 (4) in subsection (g)— 

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

22 (B)’’; 

23 (B) in paragraph (1)(B), by striking ‘‘may 

24 reduce by not more than 5 percent,’’ and insert25 ing ‘‘shall reduce’’; and 

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1 (C) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) FUNDS RESULTING FROM REDUCED AL4 LOTMENTS.—The Secretary shall return to the 

5 Treasury the amount retained, as a result of a re6 duction in an allotment to a State made under para7 graph (1)(B).’’; 

8 (5) in subsection (h)(1), by striking ‘‘or (B)’’; 

9 (6) in subsection (h)(2)— 

10 (A) in subparagraph (A), by amending the 

11 matter preceding clause (i) to read as follows: 

12 ‘‘(A) IN GENERAL.—If such failure con13 tinues for a second consecutive year, the Gov14 ernor shall take corrective actions, including the 

15 development of a reorganization plan. Such 

16 plan shall—’’; 

17 (B) by redesignating subparagraphs (B) 

18 and (C) as subparagraphs (C) and (D), respec19 tively; 

20 (C) by inserting after subparagraph (A), 

21 the following: 

22 ‘‘(B) REDUCTION IN THE AMOUNT OF

23 GRANT.—If such failure continues for a third 

24 consecutive year, the Governor of a State shall 

25 reduce the amount of the grant that would (in 

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1 the absence of this subparagraph) be payable to 

2 the local area under such program for the pro3 gram year after such third consecutive year. 

4 Such penalty shall be based on the degree of 

5 failure to meet local levels of performance.’’; 

6 (D) in subparagraph (C)(i) (as so redesig7 nated), by striking ‘‘a reorganization plan 

8 under subparagraph (A) may, not later than 30 

9 days after receiving notice of the reorganization 

10 plan, appeal to the Governor to rescind or re11 vise such plan’’ and inserting ‘‘corrective ac12 tions under subparagraphs (A) and (B) may, 

13 not later than 30 days after receiving notice of 

14 the actions, appeal to the Governor to rescind 

15 or revise such actions’’; and 

16 (E) in subparagraph (D) (as so redesig17 nated), by striking ‘‘subparagraph (B)’’ each 

18 place it appears and inserting ‘‘subparagraph 

19 (C)’’; 

20 (7) in subsection (i)(1)(B), by striking ‘‘sub21 section (b)(2)(C)’’ and inserting ‘‘subsection 

22 (b)(2)(B)’’; 

23 (8) in subsection (i)(1)(C), by striking 

24 ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; 

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1 (9) in subsection (i)(2), by striking ‘‘the activi2 ties described in section 502 concerning’’; 

3 (10) in subsection (i)(3), by striking ‘‘described 

4 in paragraph (1) and in the activities described in 

5 section 502’’ and inserting ‘‘and activities described 

6 in this subsection’’; and 

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

8 subsection: 

9 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO10 GRAMS.—In addition to the programs carried out under 

11 chapter 5, and consistent with the requirements of the ap12 plicable authorizing laws, the Secretary shall use the core 

13 indicators of performance described in subsection 

14 (b)(2)(A) to assess the effectiveness of the programs de15 scribed under section 121(b)(1)(B) that are carried out 

16 by the Secretary.’’. 

17 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 137 (29 U.S.C. 2872) is amended to read as 

19 follows: 

20 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated to carry out 

22 the activities described in section 132, $6,245,318,000 for 

23 fiscal year 2014 and each of the 6 succeeding fiscal 

24 years.’’. 

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1 Subtitle C—Job Corps 

2 SEC. 116. JOB CORPS PURPOSES. 

3 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) 

4 is amended to read as follows: 

5 ‘‘(1) to maintain a national Job Corps program 

6 for at-risk youth, carried out in partnership with 

7 States and communities, to assist eligible youth to 

8 connect to the workforce by providing them with in9 tensive academic, career and technical education, 

10 and service-learning opportunities, in residential and 

11 nonresidential centers, in order for such youth to ob12 tain regular secondary school diplomas and recog13 nized postsecondary credentials leading to successful 

14 careers in in-demand industries that will result in 

15 opportunities for advancement;’’. 

16 SEC. 117. JOB CORPS DEFINITIONS. 

17 Section 142 (29 U.S.C. 2882) is amended— 

18 (1) in paragraph (2)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘APPLICABLE’’; 

21 (B) by striking ‘‘applicable’’; 

22 (C) by striking ‘‘customer service’’; and 

23 (D) by striking ‘‘intake’’ and inserting ‘‘as24 sessment’’; 

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1 (2) in paragraph (4), by striking ‘‘before com2 pleting the requirements’’ and all that follows and 

3 inserting ‘‘prior to becoming a graduate.’’; and 

4 (3) in paragraph (5), by striking ‘‘has com5 pleted the requirements’’ and all that follows and in6 serting the following: ‘‘who, as a result of participa7 tion in the Job Corps program, has received a reg8 ular secondary school diploma, completed the re9 quirements of a career and technical education and 

10 training program, or received, or is making satisfac11 tory progress (as defined under section 484(c) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1091(c)) 

13 toward receiving, a recognized postsecondary creden14 tial, including an industry-recognized credential that 

15 prepares individuals for employment leading to eco16 nomic self-sufficiency.’’. 

17 SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

18 Section 144 (29 U.S.C. 2884) is amended— 

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

21 ‘‘(1) not less than age 16 and not more than 

22 age 24 on the date of enrollment;’’; 

23 (2) in paragraph (3)(B), by inserting ‘‘sec24 ondary’’ before ‘‘school’’; and 

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1 (3) in paragraph (3)(E), by striking ‘‘voca2 tional’’ and inserting ‘‘career and technical edu3 cation and’’. 

4 SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND AS5 SIGNMENT OF ENROLLEES. 

6 Section 145 (29 U.S.C. 2885) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2)(C)(i) by striking ‘‘vo9 cational’’ and inserting ‘‘career and technical 

10 education and training’’; and 

11 (B) in paragraph (3)— 

12 (i) by striking ‘‘To the extent prac13 ticable, the’’ and inserting ‘‘The’’; 

14 (ii) in subparagraph (A)— 

15 (I) by striking ‘‘applicable’’; and 

16 (II) by inserting ‘‘and’’ after the 

17 semicolon; 

18 (iii) by striking subparagraphs (B) 

19 and (C); and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(B) organizations that have a dem23 onstrated record of effectiveness in placing at24 risk youth into employment.’’; 

25 (2) in subsection (b)— 

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1 (A) in paragraph (1)— 

2 (i) in subparagraph (B), by inserting 

3 ‘‘and agrees to such rules’’ after ‘‘failure 

4 to observe the rules’’; and 

5 (ii) by amending subparagraph (C) to 

6 read as follows: 

7 ‘‘(C) the individual has passed a back8 ground check conducted in accordance with pro9 cedures established by the Secretary, which 

10 shall include— 

11 ‘‘(i) a search of the State criminal 

12 registry or repository in the State where 

13 the individual resides and each State where 

14 the individual previously resided; 

15 ‘‘(ii) a search of State-based child 

16 abuse and neglect registries and databases 

17 in the State where the individual resides 

18 and each State where the individual pre19 viously resided; 

20 ‘‘(iii) a search of the National Crime 

21 Information Center; 

22 ‘‘(iv) a Federal Bureau of Investiga23 tion fingerprint check using the Integrated 

24 Automated Fingerprint Identification Sys25 tem; and 

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1 ‘‘(v) a search of the National Sex Of2 fender Registry established under the 

3 Adam Walsh Child Protection and Safety 

4 Act of 2006 (42 U.S.C. 16901 et seq.).’’; 

5 and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— 

9 An individual shall be ineligible for enrollment if the 

10 individual— 

11 ‘‘(A) makes a false statement in connection 

12 with the criminal background check described in 

13 paragraph (1)(C); 

14 ‘‘(B) is registered or is required to be reg15 istered on a State sex offender registry or the 

16 National Sex Offender Registry established 

17 under the Adam Walsh Child Protection and 

18 Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

19 or 

20 ‘‘(C) has been convicted of a felony con21 sisting of— 

22 ‘‘(i) homicide; 

23 ‘‘(ii) child abuse or neglect; 

24 ‘‘(iii) a crime against children, includ25 ing child pornography; 

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1 ‘‘(iv) a crime involving rape or sexual 

2 assault; or 

3 ‘‘(v) physical assault, battery, or a 

4 drug-related offense, committed within the 

5 past 5 years.’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘2 years’’ and inserting 

9 ‘‘year’’; and 

10 (ii) by striking ‘‘an assignment’’ and 

11 inserting ‘‘a’’; 

12 (B) in paragraph (2)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘, every 2 years,’’; 

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

16 ‘‘and’’ at the end; and 

17 (iii) in subparagraph (C)— 

18 (I) by inserting ‘‘the education 

19 and training’’ after ‘‘including’’; and 

20 (II) by striking the period at the 

21 end and inserting ‘‘; and’’; and 

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

23 ‘‘(D) the performance of the Job Corps 

24 center relating to the indicators described in 

25 paragraphs (1) and (2) in section 159(c), and 

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1 whether any actions have been taken with re2 spect to such center pursuant to section 

3 159(f).’’; and 

4 (4) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘is closest to the 

8 home of the enrollee, except that the’’ and 

9 inserting ‘‘offers the type of career and 

10 technical education and training selected 

11 by the individual and, among the centers 

12 that offer such education and training, is 

13 closest to the home of the individual. The’’; 

14 (ii) by striking subparagraph (A); and 

15 (iii) by redesignating subparagraphs 

16 (B) and (C) as subparagraphs (A) and 

17 (B), respectively; and 

18 (B) in paragraph (2), by inserting ‘‘that 

19 offers the career and technical education and 

20 training desired by’’ after ‘‘home of the en21 rollee’’. 

22 SEC. 120. JOB CORPS CENTERS. 

23 Section 147 (29 U.S.C. 2887) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 

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

2 ‘‘vocational’’ both places it appears and in3 serting ‘‘career and technical’’; and 

4 (ii) in subparagraph (B)— 

5 (I) by striking ‘‘may’’ and insert6 ing ‘‘shall’’; 

7 (II) by inserting ‘‘that resides in 

8 the State in which the Jobs Corps 

9 center is located’’ before ‘‘to provide’’; 

10 and 

11 (III) by inserting before the pe12 riod at the end the following: ‘‘, as ap13 propriate’’; 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘subsections (c) 

17 and (d) of section 303 of the Federal 

18 Property and Administrative Services 

19 Act of 1949 (41 U.S.C. 253)’’ and in20 serting ‘‘subsections (a) and (b) of 

21 section 3304 of title 41, United States 

22 Code’’; and 

23 (II) by striking ‘‘industry coun24 cil’’ and inserting ‘‘workforce coun25 cil’’; 

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1 (ii) in subparagraph (B)(i)— 

2 (I) by amending subclause (II) to 

3 read as follows: 

4 ‘‘(II) the ability of the entity to 

5 offer career and technical education 

6 and training that the workforce coun7 cil proposes under section 154(c);’’; 

8 (II) in subclause (III), by strik9 ing ‘‘is familiar with the surrounding 

10 communities, applicable’’ and insert11 ing ‘‘demonstrates relationships with 

12 the surrounding communities, employ13 ers, workforce boards,’’ and by strik14 ing ‘‘and’’ at the end; 

15 (III) by amending subclause (IV) 

16 to read as follows: 

17 ‘‘(IV) the performance of the en18 tity, if any, relating to operating or 

19 providing activities described in this 

20 subtitle to a Job Corps center, includ21 ing the entity’s demonstrated effec22 tiveness in assisting individuals in 

23 achieving the primary and secondary 

24 indicators of performance described in 

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1 paragraphs (1) and (2) of section 

2 159(c); and’’; and 

3 (IV) by adding at the end the fol4 lowing new subclause: 

5 ‘‘(V) the ability of the entity to 

6 demonstrate a record of successfully 

7 assisting at-risk youth to connect to 

8 the workforce, including by providing 

9 them with intensive academic, and ca10 reer and technical education and 

11 training.’’; and 

12 (iii) in subparagraph (B)(ii), by strik13 ing ‘‘, as appropriate’’; 

14 (2) in subsection (b), by striking ‘‘In any year, 

15 no more than 20 percent of the individuals enrolled 

16 in the Job Corps may be nonresidential participants 

17 in the Job Corps.’’; 

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

20 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

21 ‘‘(1) IN GENERAL.—The Job Corps centers may 

22 include Civilian Conservation Centers, operated 

23 under an agreement between the Secretary of Labor 

24 and the Secretary of Agriculture, that are located 

25 primarily in rural areas. Such centers shall adhere 

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1 to all the provisions of this subtitle, and shall pro2 vide, in addition to education, career and technical 

3 education and training, and workforce preparation 

4 skills training described in section 148, programs of 

5 work experience to conserve, develop, or manage 

6 public natural resources or public recreational areas 

7 or to develop community projects in the public inter8 est. 

9 ‘‘(2) SELECTION PROCESS.—The Secretary 

10 shall select an entity that submits an application 

11 under subsection (d) to operate a Civilian Conserva12 tion Center on a competitive basis, as provided in 

13 subsection (a).’’; and 

14 (4) by striking subsection (d) and inserting the 

15 following: 

16 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

17 Corps center under this subtitle, an entity shall submit 

18 an application to the Secretary at such time, in such man19 ner, and containing such information as the Secretary may 

20 require, including— 

21 ‘‘(1) a description of the program activities that 

22 will be offered at the center, including how the ca23 reer and technical education and training reflect 

24 State and local employment opportunities, including 

25 in in-demand industries; 

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1 ‘‘(2) a description of the counseling, placement, 

2 and support activities that will be offered at the cen3 ter, including a description of the strategies and pro4 cedures the entity will use to place graduates into 

5 unsubsidized employment upon completion of the 

6 program; 

7 ‘‘(3) a description of the demonstrated record 

8 of effectiveness that the entity has in placing at-risk 

9 youth into employment, including past performance 

10 of operating a Job Corps center under this subtitle; 

11 ‘‘(4) a description of the relationships that the 

12 entity has developed with State and local workforce 

13 boards, employers, State and local educational agen14 cies, and the surrounding communities in an effort 

15 to promote a comprehensive statewide workforce in16 vestment system; 

17 ‘‘(5) a description of the strong fiscal controls 

18 the entity has in place to ensure proper accounting 

19 of Federal funds, and a description of how the entity 

20 will meet the requirements of section 159(a); 

21 ‘‘(6) a description of the strategies and policies 

22 the entity will utilize to reduce participant costs; 

23 ‘‘(7) a detailed budget of the activities that will 

24 be supported using funds under this subtitle; 

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1 ‘‘(8) a detailed budget of the activities that will 

2 be supported using funds from non-Federal re3 sources; 

4 ‘‘(9) an assurance the entity will comply with 

5 the administrative cost limitation included in section 

6 151(c); 

7 ‘‘(10) an assurance the entity is licensed to op8 erate in the State in which the center is located; and 

9 ‘‘(11) an assurance the entity will comply with 

10 and meet basic health and safety codes, including 

11 those measures described in section 152(b). 

12 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de13 scribed in subsection (a)(1)(A) shall be for not longer than 

14 a 2-year period. The Secretary may renew the agreement 

15 for 3 one-year periods if the entity meets the requirements 

16 of subsection (f). 

17 ‘‘(f) RENEWAL.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary may renew the terms of an agreement 

20 described in subsection (a)(1)(A) for an entity to op21 erate a Job Corps center if the center meets or ex22 ceeds each of the indicators of performance de23 scribed in section 159(c)(1). 

24 ‘‘(2) RECOMPETITION.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), the Secretary shall not renew the 

3 terms of the agreement for an entity to operate 

4 a Job Corps center if such center is ranked in 

5 the bottom quintile of centers described in sec6 tion 159(f)(2) for any program year. Such enti7 ty may submit a new application under sub8 section (d) only if such center has shown sig9 nificant improvement on the indicators of per10 formance described in section 159(c)(1) over 

11 the last program year. 

12 ‘‘(B) VIOLATIONS.—The Secretary shall 

13 not select an entity to operate a Job Corps cen14 ter if such entity or such center has been found 

15 to have a systemic or substantial material fail16 ure that involves— 

17 ‘‘(i) a threat to the health, safety, or 

18 civil rights of program participants or 

19 staff; 

20 ‘‘(ii) the misuse of funds received 

21 under this subtitle; 

22 ‘‘(iii) loss of legal status or financial 

23 viability, loss of permits, debarment from 

24 receiving Federal grants or contracts, or 

25 the improper use of Federal funds; 

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1 ‘‘(iv) failure to meet any other Fed2 eral or State requirement that the entity 

3 has shown an unwillingness or inability to 

4 correct, after notice from the Secretary, 

5 within the period specified; or 

6 ‘‘(v) an unresolved area of noncompli7 ance. 

8 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

9 after the date of enactment of the SKILLS Act and not10 withstanding any previous grant award or renewals of 

11 such award under this subtitle, the Secretary shall require 

12 all entities operating a Job Corps center under this sub13 title to submit an application under subsection (d) to carry 

14 out the requirements of this section.’’. 

15 SEC. 121. PROGRAM ACTIVITIES. 

16 Section 148 (29 U.S.C. 2888) is amended— 

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

19 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

20 CENTERS.— 

21 ‘‘(1) IN GENERAL.—Each Job Corps center 

22 shall provide enrollees with an intensive, well-orga23 nized, and supervised program of education, career, 

24 and technical education and training, work experi25 ence, recreational activities, physical rehabilitation 

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1 and development, and counseling. Each Job Corps 

2 center shall provide enrollees assigned to the center 

3 with access to work-ready services described in sec4 tion 134(c)(2). 

5 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

6 ‘‘(A) IN GENERAL.—The activities pro7 vided under this subsection shall be targeted to 

8 helping enrollees, on completion of their enroll9 ment— 

10 ‘‘(i) secure and maintain meaningful 

11 unsubsidized employment; 

12 ‘‘(ii) complete secondary education 

13 and obtain a regular secondary school di14 ploma; 

15 ‘‘(iii) enroll in and complete postsec16 ondary education or training programs, in17 cluding obtaining recognized postsecondary 

18 credentials, industry-recognized creden19 tials, and registered apprenticeships; or 

20 ‘‘(iv) satisfy Armed Forces require21 ments. 

22 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI23 TIES.—The career and technical education and 

24 training provided shall be linked to the employ25 ment opportunities in in-demand industries in 

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1 the State in which the Job Corps center is lo2 cated.’’; and 

3 (2) in subsection (b)— 

4 (A) in the subsection heading, by striking 

5 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

6 ‘‘ACADEMIC AND CAREER AND TECHNICAL

7 EDUCATION AND’’; 

8 (B) by striking ‘‘may’’ after ‘‘The Sec9 retary’’ and inserting ‘‘shall’’; and 

10 (C) by striking ‘‘vocational’’ each place it 

11 appears and inserting ‘‘career and technical’’; 

12 and 

13 (3) by amending paragraph (3) of subsection 

14 (c) to read as follows: 

15 ‘‘(3) DEMONSTRATION.—Each year, any oper16 ator seeking to enroll additional enrollees in an ad17 vanced career training program shall demonstrate, 

18 before the operator may carry out such additional 

19 enrollment, that— 

20 ‘‘(A) participants in such program have 

21 achieved a satisfactory rate of completion and 

22 placement in training-related jobs; and 

23 ‘‘(B) such operator has met or exceeded 

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1 graphs (1) and (2) of section 159(c) for the 

2 previous year.’’. 

3 SEC. 122. COUNSELING AND JOB PLACEMENT. 

4 Section 149 (29 U.S.C. 2889) is amended— 

5 (1) in subsection (a), by striking ‘‘vocational’’ 

6 and inserting ‘‘career and technical education and’’; 

7 (2) in subsection (b), by striking ‘‘make every 

8 effort to arrange to’’; and 

9 (3) by striking subsection (d). 

10 SEC. 123. SUPPORT. 

11 Subsection (b) of section 150 (29 U.S.C. 2890) is 

12 amended to read as follows: 

13 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

14 GRADUATES.—The Secretary shall arrange for a transi15 tion allowance to be paid to graduates. The transition al16 lowance shall be incentive-based to reflect a graduate’s 

17 completion of academic, career and technical education or 

18 training, and attainment of a recognized postsecondary 

19 credential, including an industry-recognized credential.’’. 

20 SEC. 124. OPERATIONS. 

21 Section 151 (29 U.S.C. 2891) is amended— 

22 (1) in the header, by striking ‘‘OPERATING

23 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

24 (2) in subsection (a), by striking ‘‘IN GEN25 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

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1 (3) by striking subsection (b) and redesignating 

2 subsection (c) as subsection (b); 

3 (4) by amending subsection (b) (as so redesig4 nated)— 

5 (A) in the heading by inserting ‘‘OF OPER6 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 

7 (B) by striking ‘‘subsections (a) and (b)’’ 

8 and inserting ‘‘subsection (a)’’; and 

9 (5) by adding at the end the following new sub10 section: 

11 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 

12 percent of the funds allotted under section 147 to an enti13 ty selected to operate a Job Corps center may be used 

14 by the entity for administrative costs under this subtitle.’’. 

15 SEC. 125. COMMUNITY PARTICIPATION. 

16 Section 153 (29 U.S.C. 2893) is amended to read as 

17 follows: 

18 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

19 ‘‘The director of each Job Corps center shall encour20 age and cooperate in activities to establish a mutually ben21 eficial relationship between Job Corps centers in the State 

22 and nearby communities. Such activities may include the 

23 use of any local workforce development boards established 

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1 sion of common problems and for planning programs of 

2 mutual interest.’’. 

3 SEC. 126. WORKFORCE COUNCILS. 

4 Section 154 (29 U.S.C. 2894) is amended to read as 

5 follows: 

6 ‘‘SEC. 154. WORKFORCE COUNCILS. 

7 ‘‘(a) IN GENERAL.—Each Job Corps center shall 

8 have a workforce council appointed by the Governor of the 

9 State in which the Job Corps center is located. 

10 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 

11 ‘‘(1) IN GENERAL.—A workforce council shall 

12 be comprised of— 

13 ‘‘(A) business members of the State board 

14 described in section 111(b)(1)(B)(i); 

15 ‘‘(B) business members of the local boards 

16 described in section 117(b)(2)(A) located in the 

17 State; 

18 ‘‘(C) a representative of the State board 

19 described in section 111(f); and 

20 ‘‘(D) such other representatives and State 

21 agency officials as the Governor may designate. 

‘‘(2) MAJORITY.—A 2 22 ⁄3 majority of the mem23 bers of the workforce council shall be representatives 

24 described in paragraph (1)(A). 

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1 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

2 workforce council shall be— 

3 ‘‘(1) to review all the relevant labor market in4 formation, including related information in the State 

5 plan described in section 112, to— 

6 ‘‘(A) determine the in-demand industries 

7 in the State in which enrollees intend to seek 

8 employment after graduation; 

9 ‘‘(B) determine the skills and education 

10 that are necessary to obtain the employment 

11 opportunities described in subparagraph (A); 

12 and 

13 ‘‘(C) determine the type or types of career 

14 and technical education and training that will 

15 be implemented at the center to enable the en16 rollees to obtain the employment opportunities; 

17 and 

18 ‘‘(2) to meet at least once a year to reevaluate 

19 the labor market information, and other relevant in20 formation, to determine any necessary changes in 

21 the career and technical education and training pro22 vided at the center.’’. 

23 SEC. 127. TECHNICAL ASSISTANCE. 

24 Section 156 is amended to read as follows: 

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1 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

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

3 section 132(a)(3), the Secretary shall provide, directly or 

4 through grants, contracts, or other agreements or ar5 rangements as the Secretary considers appropriate, tech6 nical assistance and training for the Job Corps program 

7 for the purposes of improving program quality. 

8 ‘‘(b) ACTIVITIES.—In providing training and tech9 nical assistance and for allocating resources for such as10 sistance, the Secretary shall— 

11 ‘‘(1) assist entities, including those entities not 

12 currently operating a Job Corps center, in devel13 oping the application described in section 147(d); 

14 ‘‘(2) assist Job Corps centers and programs in 

15 correcting deficiencies and violations under this sub16 title; 

17 ‘‘(3) assist Job Corps centers and programs in 

18 meeting or exceeding the indicators of performance 

19 described in paragraph (1) and (2) of section 159(c); 

20 and 

21 ‘‘(4) assist Job Corps centers and programs in 

22 the development of sound management practices, in23 cluding financial management procedures.’’. 

24 SEC. 128. SPECIAL PROVISIONS. 

25 Section 158 (29 U.S.C. 2989) is amended— 

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1 (1) by amending paragraph (1) in subsection 

2 (c), by striking ‘‘title II of the Federal Property and 

3 Administrative Services Act of 1949 (40 U.S.C. 481 

4 et seq.)’’ and inserting ‘‘chapter of 5 title 40, United 

5 States Code,’’; 

6 (2) by striking subsection (e); and 

7 (3) by redesignating subsections (f) and (g) as 

8 subsections (e) and (f), respectively. 

9 SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

10 Section 159 (29 U.S.C. 2899) is amended— 

11 (1) in the section heading, by striking ‘‘MAN12 AGEMENT INFORMATION’’ and inserting ‘‘PER13 FORMANCE ACCOUNTABILITY AND MANAGE14 MENT’’; and 

15 (2) by striking subsections (c) through (g); 

16 (3) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) INDICATORS OF PERFORMANCE.— 

19 ‘‘(1) PRIMARY INDICATORS.—The annual pri20 mary indicators of performance for Job Corps cen21 ters shall include— 

22 ‘‘(A) the percentage and number of enroll23 ees who graduate from the Job Corps center; 

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1 lated to the career and technical education and 

2 training received through the Job Corps center, 

3 except that such calculation shall not include 

4 enrollment in education, the military or volun5 teer service; 

6 ‘‘(C) the percentage and number of grad7 uates who obtained a recognized postsecondary 

8 credential, including an industry-recognized cre9 dential or a registered apprenticeship; and 

10 ‘‘(D) the cost per successful performance 

11 outcome, which is calculated by comparing the 

12 number of graduates who were placed in unsub13 sidized employment or obtained a recognized 

14 credential, including an industry-recognized cre15 dential, to total program costs, including all op16 erations, construction, and administration costs 

17 at each Job Corp center. 

18 ‘‘(2) SECONDARY INDICATORS.—The annual 

19 secondary indicators of performance for Job Corps 

20 centers shall include— 

21 ‘‘(A) the percentage and number of grad22 uates who entered unsubsidized employment not 

23 related to the career and technical education 

24 and training received through the Job Corps 

25 center; 

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1 ‘‘(B) the percentage and number of grad2 uates who entered into postsecondary education; 

3 ‘‘(C) the percentage and number of grad4 uates who entered into the military; 

5 ‘‘(D) the average wage of graduates who 

6 are in unsubsidized employment— 

7 ‘‘(i) on the first day of employment; 

8 and 

9 ‘‘(ii) 6 months after the first day; 

10 ‘‘(E) the number and percentage of grad11 uates who entered unsubsidized employment 

12 and were retained in the unsubsidized employ13 ment— 

14 ‘‘(i) 6 months after the first day of 

15 employment; and 

16 ‘‘(ii) 12 months after the first day of 

17 employment; 

18 ‘‘(F) the percentage and number of enroll19 ees compared to the percentage and number of 

20 enrollees the Secretary has established targets 

21 in section 145(c)(1); 

22 ‘‘(G) the cost per training slot, which is 

23 calculated by comparing the program’s max24 imum number of students that can be enrolled 

25 in a Job Corps center at any given time during 

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1 the program year to the number of enrollees in 

2 the same program year; and 

3 ‘‘(H) the number and percentage of former 

4 enrollees, including the number dismissed under 

5 the zero tolerance policy described in section 

6 152(b). 

7 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE8 CRUITERS.—The annual indicators of performance 

9 for recruiters shall include the measurements de10 scribed in subparagraph (A) of paragraph (1) and 

11 subparagraphs (F), (G), and (H) of paragraph (2). 

12 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

13 TRANSITION SERVICE PROVIDERS.—The annual indi14 cators of performance of career transition service 

15 providers shall include the measurements described 

16 in subparagraphs (B) and (C) of paragraph (1) and 

17 subparagraphs, (B), (C), (D), and (E) of paragraph 

18 (2). 

19 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary 

20 shall collect, and submit in the report described in sub21 section (f), information on the performance of each Job 

22 Corps center, and the Job Corps program, regarding— 

23 ‘‘(1) the number and percentage of former en24 rollees who obtained a regular secondary school di25 ploma; 

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1 ‘‘(2) the number and percentage of former en2 rollees who entered unsubsidized employment; 

3 ‘‘(3) the number and percentage of former en4 rollees who obtained a recognized postsecondary cre5 dential, including an industry-recognized credential; 

6 ‘‘(4) the number and percentage of former en7 rollees who entered into military service; and 

8 ‘‘(5) any additional information required by the 

9 Secretary. 

10 ‘‘(e) METHODS.—The Secretary shall collect the in11 formation described in subsections (c) and (d), using 

12 methods described in section 136(i)(2) and consistent with 

13 State law, by entering into agreements with the States to 

14 access such data for Job Corps enrollees, former enrollees, 

15 and graduates. 

16 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

17 ‘‘(1) REPORT.—The Secretary shall collect and 

18 annually submit to the Committee on Education and 

19 the Workforce of the House of Representatives and 

20 the Committee on Health, Education. Labor and 

21 Pensions of the Senate, as well as make available to 

22 the public by electronic means, a report containing— 

23 ‘‘(A) information on the performance of 

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1 gram, on the performance indicators described 

2 in paragraphs (1) and (2) of subsection (c); 

3 ‘‘(B) a comparison of each Job Corps cen4 ter, by rank, on the performance indicators de5 scribed in paragraphs (1) and (2) of subsection 

6 (c); 

7 ‘‘(C) a comparison of each Job Corps cen8 ter, by rank, on the average performance of all 

9 primary indicators described in paragraph (1) 

10 of subsection (c); 

11 ‘‘(D) information on the performance of 

12 the service providers described in paragraphs 

13 (3) and (4) of subsection (c) on the perform14 ance indicators established under such para15 graphs; and 

16 ‘‘(E) a comparison of each service pro17 vider, by rank, on the performance of all service 

18 providers described in paragraphs (3) and (4) 

19 of subsection (c) on the performance indicators 

20 established under such paragraphs. 

21 ‘‘(2) ASSESSMENT.—The Secretary shall con22 duct an annual assessment of the performance of 

23 each Job Corps center which shall include informa24 tion on the Job Corps centers that— 

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1 ‘‘(A) are ranked in the bottom quintile on 

2 the performance indicator described in para3 graph (1)(C); or 

4 ‘‘(B) have failed safety and health code 

5 violations described in subsection (g). 

6 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re7 spect to a Job Corps center that is identified under 

8 paragraph (2) or reports less than 50 percent on the 

9 performance indicators described in subparagraphs 

10 (A), (B), or (C) of subsection (c)(1), the Secretary 

11 shall develop and implement a 1 year performance 

12 improvement plan. Such a plan shall require action 

13 including— 

14 ‘‘(A) providing technical assistance to the 

15 center; 

16 ‘‘(B) changing the management staff of 

17 the center; 

18 ‘‘(C) replacing the operator of the center; 

19 ‘‘(D) reducing the capacity of the center; 

20 or 

21 ‘‘(E) closing the center. 

22 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

23 Corps centers that have been identified under para24 graph (2) or report less than 50 percent on the per25 formance indicators described in subparagraphs (A), 

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1 (B), or (C) of subsection (c)(1) for more than 4 con2 secutive years shall be closed. The Secretary shall 

3 ensure— 

4 ‘‘(A) that the proposed decision to close 

5 the center is announced in advance to the gen6 eral public through publication in the Federal 

7 Register and other appropriate means; and 

8 ‘‘(B) the establishment of a reasonable 

9 comment period, not to exceed 30 days, for in10 terested individuals to submit written comments 

11 to the Secretary. 

12 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec13 retary shall enter into an agreement with the General 

14 Services Administration or the appropriate State agency 

15 responsible for inspecting public buildings and safe16 guarding the health of disadvantaged students, to conduct 

17 an in-person review of the physical condition and health18 related activities of each Job Corps center annually. Such 

19 review shall include a passing rate of occupancy under 

20 Federal and State ordinances.’’. 

21 SEC. 130. CLOSURE OF LOW-PERFORMING JOB CORPS CEN22 TERS. 

23 Section 161 (29 U.S.C. 2901) is amended to read as 

24 follows: 

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1 ‘‘SEC. 161. CLOSURE OF LOW-PERFORMING JOB CORPS 

2 CENTERS. 

3 ‘‘(a) AUDIT.—Not later than 3 months after the date 

4 of enactment of the SKILLS Act, the Secretary shall con5 duct an audit on the past 10 years of performance of Job 

6 Corps centers, including information indicating— 

7 ‘‘(1) a comparison of each Job Corps center, by 

8 rank, on the performance indicators described in 

9 subsections (c) and (d) of section 159 (as such sec10 tions were in effect on the day before the date of en11 actment of the SKILLS Act); 

12 ‘‘(2) a comparison of each Job Corps center, by 

13 rank, on the average performance of all performance 

14 indicators described in subsections (c) and (d) of 

15 section 159 (as such sections were in effect on the 

16 day before the date of enactment of the SKILLS 

17 Act); and 

18 ‘‘(3) a listing of the centers, by rank, that have 

19 experienced the highest number of serious incidents 

20 of crimes of violence, as defined in section 16 of title 

21 18, United States Code. 

22 ‘‘(b) RECOMMENDATIONS.—Not later than 6 months 

23 after the date of enactment of the SKILLS Act, the Sec24 retary shall submit a report to the Committee on Edu25 cation and the Workforce of the House of Representatives 

26 and the Committee on Health, Education, Labor, and 

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1 Pensions of the Senate, which shall contain a detailed 

2 statement of the findings and conclusions from the audit 

3 described in subsection (a), including information indi4 cating the centers that are ranked in the bottom quintile 

5 on the performance indicators described in paragraphs (1) 

6 and (2) of subsection (a). 

7 ‘‘(c) CLOSURE.—Not later than 12 months after the 

8 date of enactment of the SKILLS Act, the Secretary shall 

9 close the Job Corps centers identified under subsection (b) 

10 in accordance with subparagraphs (A) and (B) of section 

11 159(f)(4). 

12 ‘‘(d) TRANSITION.—The Secretary shall ensure that 

13 program participants enrolled in low-performing Job 

14 Corps centers slated for closure under this subsection re15 ceive priority placement to enroll in another center in the 

16 State or neighboring State.’’. 

17 SEC. 131. REFORMS FOR OPENING NEW JOB CORPS CEN18 TERS. 

19 Subtitle C of title I (29 U.S.C. 2881 et seq.) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 162. REFORMS FOR OPENING NEW JOB CORPS CEN22 TERS. 

23 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

24 implement specific policies and procedures governing the 

25 selection of the State and local area for construction of 

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1 Job Corps centers. Such policies and procedures shall be 

2 the same across all regions, based on a needs assessment 

3 of the assignment plan described under section 145(c), 

4 and free from political favoritism, biases, or consider5 ations. 

6 ‘‘(b) RESTRICTIONS.— 

7 ‘‘(1) NOTIFICATION OF CONGRESS.—The Sec8 retary shall notify the Committee on Education and 

9 the Workforce of the House of Representatives and 

10 the Committee on Health, Education, Labor, and 

11 Pensions of the Senate before releasing a Request 

12 for Proposal for the designation and construction of 

13 a Job Corps center. 

14 ‘‘(2) NUMBER OF CENTERS.—Except as pro15 vided under paragraph (3), the Secretary shall enter 

16 into agreements with not more than 20 Job Corps 

17 centers per region, as those regions were in effect on 

18 the date of enactment of the SKILLS Act. 

19 ‘‘(3) EXCEPTION.—The Secretary may enter 

20 into agreements with more than 20 Job Corps cen21 ters upon approval, in writing, of the Chairman and 

22 Ranking Member of the Committee on Education 

23 and the Workforce of the House of Representatives 

24 and the Committee on Health, Education, Labor, 

25 and Pensions of the Senate.’’. 

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1 Subtitle D—National Programs 

2 SEC. 132. TECHNICAL ASSISTANCE. 

3 Section 170 (29 U.S.C. 2915) is amended— 

4 (1) by striking subsection (b); 

5 (2) by striking: 

6 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

7 (3) by redesignating paragraphs (1), (2), and 

8 (3) as subsections (a), (b), and (c) respectively, and 

9 moving such subsections 2 ems to the left; 

10 (4) in subsection (a) (as so redesignated)— 

11 (A) by inserting ‘‘the training of staff pro12 viding rapid response services, the training of 

13 other staff of recipients of funds under this 

14 title, assistance regarding accounting and pro15 gram operation practices (when such assistance 

16 would not be duplicative to assistance provided 

17 by the State), technical assistance to States 

18 that do not meet State performance measures 

19 described in section 136,’’ after ‘‘localities,’’; 

20 and 

21 (B) by striking ‘‘from carrying out activi22 ties’’ and all that follows up to the period and 

23 inserting ‘‘to implement the amendments made 

24 by the SKILLS Act’’; 

25 (5) in subsection (b) (as so redesignated)— 

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1 (A) by striking ‘‘paragraph (1)’’ and in2 serting ‘‘subsection (a)’’; 

3 (B) by striking ‘‘, or recipient of financial 

4 assistance under any of sections 166 through 

5 169,’’; and 

6 (C) by striking ‘‘or grant recipient’’; 

7 (6) in subsection (c) (as so redesignated), by 

8 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

9 (a)’’; and 

10 (7) by inserting, after subsection (c) (as so re11 designated), the following: 

12 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec13 retary shall— 

14 ‘‘(1) establish a system through which States 

15 may share information regarding best practices with 

16 regard to the operation of workforce investment ac17 tivities under this Act; and 

18 ‘‘(2) evaluate and disseminate information re19 garding best practices and identify knowledge 

20 gaps.’’. 

21 SEC. 133. EVALUATIONS. 

22 Section 172 (29 U.S.C. 2917) is amended— 

23 (1) in subsection (a), by striking ‘‘the Secretary 

24 shall provide for the continuing evaluation of the 

25 programs and activities, including those programs 

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1 and activities carried out under section 171’’ and in2 serting ‘‘the Secretary, through grants, contracts, or 

3 cooperative agreements, shall conduct, at least once 

4 every 5 years, an independent evaluation of the pro5 grams and activities funded under this Act’’; 

6 (2) in subsection (a)(4) is amended to read as 

7 follows: 

8 ‘‘(4) the impact of receiving services and not re9 ceiving services under such programs and activities 

10 on the community, businesses, and individuals;’’; 

11 (3) in subsection (c) is amended to read as fol12 lows: 

13 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

14 this section shall utilize appropriate and rigorous method15 ology and research designs, including the use of control 

16 groups chosen by scientific random assignment methodolo17 gies, quasi-experimental methods, impact analysis and the 

18 use of administrative data. The Secretary shall conduct 

19 an impact analysis, as described in subsection (a)(4), of 

20 the formula grant program under subtitle B not later than 

21 2015, and thereafter shall conduct such an analysis not 

22 less than once every four years.’’; 

23 (4) in subsection (e) is amended by striking 

24 ‘‘the Committee on Labor and Human Resources of 

25 the Senate’’ and inserting ‘‘the Committee on 

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1 Health, Education, Labor, and Pensions of the Sen2 ate’’; and 

3 (5) by adding at the end, the following: 

4 ‘‘(g) PUBLIC AVAILABILITY.—The results of the eval5 uations conducted under this section shall be made pub6 licly available, including by posting such results on the De7 partment’s website.’’. 

8 Subtitle E—Administration 

9 SEC. 134. REQUIREMENTS AND RESTRICTIONS. 

10 Section 181 (29 U.S.C. 2931) is amended— 

11 (1) in subsection (b)(6), by striking ‘‘, including 

12 representatives of businesses and of labor organiza13 tions’’; 

14 (2) in subsection (c)(2)(A), in the matter pre15 ceding clause (i), by striking ‘‘shall’’ and inserting 

16 ‘‘may’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘training for’’ and insert19 ing ‘‘the entry into employment, retention in 

20 employment, or increases in earnings of’’; and 

21 (B) by striking ‘‘subtitle B’’ and inserting 

22 ‘‘this Act’’; 

23 (4) in subsection (f)(4), by striking 

24 ‘‘134(a)(3)(B)’’ and inserting ‘‘134(a)(6)’’; and 

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

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1 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds 

2 provided under this title shall be used by a recipient or 

3 subrecipient of such funds to pay the salary and bonuses 

4 of an individual, either as direct costs or indirect costs, 

5 at a rate in excess of Level II of the Federal Executive 

6 Pay Schedule (5 U.S.C. 5313). This limitation shall not 

7 apply to vendors providing goods and services as defined 

8 in OMB Circular A–133. Where States are recipients of 

9 such funds, States may establish a lower limit for salaries 

10 and bonuses of those receiving salaries and bonuses from 

11 subrecipients of such funds, taking into account factors 

12 including the relative cost-of-living in the State, the com13 pensation levels for comparable State or local government 

14 employees, and the size of the organizations that admin15 ister the programs. 

16 ‘‘(h) GENERAL AUTHORITY.— 

17 ‘‘(1) IN GENERAL.—The Employment and 

18 Training Administration of the U.S. Department of 

19 Labor (hereinafter in this Act referred to as the ‘Ad20 ministration’) shall administer all programs author21 ized under title I and III of this Act. The Adminis22 tration shall be headed by an Assistant Secretary 

23 appointed by the President by and with the advice 

24 and consent of the Senate. Except for titles II and 

25 IV, the Administration shall be the principal agency, 

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1 and the Assistant Secretary shall be the principal of2 ficer, of such Department for carrying out this Act. 

3 ‘‘(2) QUALIFICATIONS.—The Assistant Sec4 retary shall be an individual with substantial experi5 ence in workforce development and in workforce de6 velopment management. The Assistant Secretary 

7 shall also, to the maximum extent possible, possess 

8 knowledge and have worked in or with the State or 

9 local workforce investment system or have been a 

10 member of the business community. In the perform11 ance of the functions of the office, the Assistant Sec12 retary shall be directly responsible to the Secretary 

13 or the Under Secretary as designed by the Sec14 retary. The functions of the Assistant Secretary 

15 shall not be delegated to any officer not directly re16 sponsible, both with respect to program operation 

17 and administration, to the Assistant Secretary. Any 

18 reference in this Act to duties to be carried out by 

19 the Assistant Secretary shall be considered to be a 

20 reference to duties to be carried out by the Secretary 

21 acting through the Assistant Secretary.’’. 

22 SEC. 135. PROMPT ALLOCATION OF FUNDS. 

23 Section 182 (29 U.S.C. 2932) is amended— 

24 (1) in subsection (c), by striking ‘‘127 or’’; and 

25 (2) in subsection (e)— 

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1 (A) by striking ‘‘sections 128 and 133’’ 

2 and inserting ‘‘section 133’’; and 

3 (B) by striking ‘‘127 or’’. 

4 SEC. 136. FISCAL CONTROLS; SANCTIONS. 

5 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amend6 ed— 

7 (1) by striking ‘‘(A)’’ and all that follows 

8 through ‘‘Each’’ and inserting ‘‘Each’’; and 

9 (2) by striking subparagraph (B). 

10 SEC. 137. REPORTS TO CONGRESS. 

11 Section 185 (29 U.S.C. 2935) is amended— 

12 (1) in subsection (c)— 

13 (A) in paragraph (2), by striking ‘‘and’’ 

14 after the semicolon; 

15 (B) in paragraph (3), by striking the pe16 riod and inserting ‘‘; and’’; and 

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

18 ‘‘(4) shall have the option to submit or dissemi19 nate electronically any reports, records, plans, or any 

20 other data that are required to be collected or dis21 seminated under this title.’’; and 

22 (2) in subsection (e)(2), by inserting ‘‘and the 

23 Secretary shall submit to the Committee on Edu24 cation and the Workforce of the House of Rep25 resentatives and the Committee on Health, Edumstockstill on DSK4VPTVN1PROD with BILLS

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1 cation, Labor, and Pensions of the Senate,’’ after 

2 ‘‘Secretary,’’. 

3 SEC. 138. ADMINISTRATIVE PROVISIONS. 

4 Section 189 (29 U.S.C. 2939) is amended— 

5 (1) in subsection (g)— 

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

7 follows: 

8 ‘‘(1) IN GENERAL.—Appropriations for any fis9 cal year for programs and activities carried out 

10 under this title shall be available for obligation only 

11 on the basis of a program year. The program year 

12 shall begin on July 1 in the fiscal year for which the 

13 appropriation is made.’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘each State’’ and in16 serting ‘‘each recipient’’; and 

17 (ii) by striking ‘‘171 or’’; 

18 (2) in subsection (i)— 

19 (A) by striking paragraphs (2) and (3); 

20 (B) by redesignating paragraph (4) as 

21 paragraph (2); 

22 (C) by amending paragraph (2)(A), as so 

23 redesignated— 

24 (i) by striking ‘‘requirements of sub25 paragraph (B)’’ and all that follows 

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1 through ‘‘any of the statutory or regu2 latory requirements of subtitle B’’ and in3 serting ‘‘requirements of subparagraph (B) 

4 or (D), any of the statutory or regulatory 

5 requirements of subtitle B’’; 

6 (ii) by striking clause (ii); and 

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

8 and inserting a period at the end; and 

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

10 ‘‘(D) EXPEDITED PROCESS FOR EXTEND11 ING APPROVED WAIVERS TO ADDITIONAL

12 STATES.—In lieu of the requirements of sub13 paragraphs (B) and (C), the Secretary may es14 tablish an expedited procedure for the purpose 

15 of extending to additional States the waiver of 

16 statutory or regulatory requirements that have 

17 been approved for a State pursuant to a request 

18 under subparagraph (B). Such procedure shall 

19 ensure that the extension of such waivers to ad20 ditional States are accompanied by appropriate 

21 conditions relating the implementation of such 

22 waivers.’’. 

23 SEC. 139. STATE LEGISLATIVE AUTHORITY. 

24 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

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1 (1) by striking ‘‘consistent with the provisions 

2 of this title’’ and inserting ‘‘consistent with State 

3 law and the provisions of this title’’; and 

4 (2) by striking ‘‘consistent with the terms and 

5 conditions required under this title’’ and inserting 

6 ‘‘consistent with State law and the terms and condi7 tions required under this title’’. 

8 SEC. 140. GENERAL PROGRAM REQUIREMENTS. 

9 Section 195 (29 U.S.C. 2945) is amended— 

10 (1) in paragraph (7), by inserting at the end 

11 the following: 

12 ‘‘(D) Funds received by a public or private non13 profit entity that are not described in paragraph 

14 (B), such as funds privately raised from philan15 thropic foundations, businesses, or other private en16 tities, shall not be considered to be income under 

17 this title and shall not be subject to the require18 ments of this section.’’; and 

19 (2) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(14) Funds provided under this title shall not 

22 be used to establish or operate stand-alone fee-for23 service enterprises that compete with private sector 

24 employment agencies within the meaning of section 

25 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

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1 2000e(c)), except that for purposes of this para2 graph, such an enterprise does not include one-stop 

3 centers. 

4 ‘‘(15) Any report required to be submitted to 

5 Congress, or to a Committee of Congress, under this 

6 title shall be submitted to both the chairmen and 

7 ranking minority members of the Committee on 

8 Education and the Workforce of the House of Rep9 resentatives and the Committee on Health, Edu10 cation, Labor, and Pensions of the Senate.’’. 

11 SEC. 141. DEPARTMENT STAFF. 

12 Subtitle E of title I (29 U.S.C. 2931 et seq.) is 

13 amended by adding at the end the following new section: 

14 ‘‘SEC. 196. DEPARTMENT STAFF. 

15 ‘‘The Secretary shall— 

16 ‘‘(1) not later than 60 days after the date of 

17 the enactment of the SKILLS Act— 

18 ‘‘(A) identify the number of Department of 

19 Labor employees who work on or administer 

20 programs under this Act, as such programs 

21 were in effect on the day before such date of 

22 enactment; and 

23 ‘‘(B) publish such information on the De24 partment’s website; 

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1 ‘‘(2) not later than 60 days after such date of 

2 enactment, identify the number of full-time equiva3 lent employees who work on or administer programs 

4 authorized under this Act, as such programs were in 

5 effect on the day before such date of enactment, that 

6 have been eliminated or consolidated on or after 

7 such date; and 

8 ‘‘(3) not later than 1 year after such date of en9 actment— 

10 ‘‘(A) reduce the workforce of the Depart11 ment of Labor by the number of full-time equiv12 alent employees identified under paragraph (2); 

13 and 

14 ‘‘(B) submit to Congress a report on— 

15 ‘‘(i) the number of employees associ16 ated with each program authorized under 

17 this Act and administered by the Depart18 ment; 

19 ‘‘(ii) the number of full-time equiva20 lent employees identified under paragraph 

21 (2); and 

22 ‘‘(iii) how the Secretary reduced the 

23 number of employees at the Department 

24 under subparagraph (A).’’. 

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1 Subtitle F—State Unified Plan 

2 SEC. 142. STATE UNIFIED PLAN. 

3 Section 501 (20 U.S.C. 9271) is amended— 

4 (1) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) STATE UNIFIED PLAN.— 

7 ‘‘(1) IN GENERAL.—A State may develop and 

8 submit to the appropriate Secretaries a State unified 

9 plan for 2 or more of the activities or programs set 

10 forth in paragraph (2). The State unified plan shall 

11 cover one or more of the activities set forth in sub12 paragraphs (A) and (B) of paragraph (2) and may 

13 cover one or more of the activities set forth in sub14 paragraphs (C) through (N) of paragraph (2). For 

15 purposes of this paragraph, the activities and pro16 grams described in subparagraphs (A) and (B) of 

17 paragraph (2) shall not be considered to be 2 or 

18 more activities or programs for purposes of the uni19 fied plan. Such activities or programs shall be con20 sidered to be 1 activity or program. 

21 ‘‘(2) ACTIVITIES AND PROGRAMS.—The activi22 ties and programs referred to in paragraph (1) are 

23 as follows: 

24 ‘‘(A) Programs and activities authorized 

25 under title I. 

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1 ‘‘(B) Programs and activities authorized 

2 under title II. 

3 ‘‘(C) Programs authorized under the Reha4 bilitation Act of 1973. 

5 ‘‘(D) Secondary career education programs 

6 authorized under the Carl D. Perkins Career 

7 and Applied Technology Education Act. 

8 ‘‘(E) Postsecondary career education pro9 grams authorized under the Carl D. Perkins 

10 Career and Applied Technology Education Act. 

11 ‘‘(F) Programs and activities authorized 

12 under title II of the Trade Act of 1974. 

13 ‘‘(G) National Apprenticeship Act of 1937. 

14 ‘‘(H) Programs authorized under the Com15 munity Services Block Grant Act. 

16 ‘‘(I) Programs authorized under the part A 

17 of title IV of the Social Security Act. 

18 ‘‘(J) Programs authorized under State un19 employment compensation laws (in accordance 

20 with applicable Federal law). 

21 ‘‘(K) Work programs authorized under sec22 tion 6(o) of the Food Stamp Act of 1977. 

23 ‘‘(L) Programs and activities authorized 

24 title I of the Housing and Community Develop25 ment Act of 1974. 

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1 ‘‘(M) Programs and activities authorized 

2 under the Public Workers and Economic Devel3 opment Act of 1965. 

4 ‘‘(N) Activities as defined under chapter 

5 41 of title 38, United States Code.’’; and 

6 (2) by adding at the end, the following: 

7 ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAINING

8 FUNDS.— 

9 ‘‘(1) PURPOSE.—It is the purpose of this sub10 section to reduce inefficiencies in the administration 

11 of federally-funded State and local employment and 

12 training programs. 

13 ‘‘(2) IN GENERAL.—In developing a State uni14 fied plan for the activities or programs described in 

15 subsection (b)(2) and subject to paragraph (4) and 

16 the State plan approval process under subsection 

17 (d), a State may propose to consolidate the amount, 

18 in whole or part, provided for the activities or pro19 grams dedicated to employment and training into 

20 the Workforce Investment Fund under section 

21 132(b) to improve the administration of State and 

22 local employment and training programs. 

23 ‘‘(3) REQUIREMENTS.—A State with a State 

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1 poses of consolidation under paragraph (2) and that 

2 is carrying out such consolidation shall— 

3 ‘‘(A) continue to meet the program re4 quirements, limitations, and prohibitions of any 

5 Federal statute authorizing the activity or pro6 gram consolidated into the Workforce Invest7 ment Fund; 

8 ‘‘(B) meet the intent and purpose of the 

9 activity or program consolidated into the Work10 force Investment Fund; and 

11 ‘‘(C) continue to make reservations and al12 lotments under subsections (a) and (b) of sec13 tion 133. 

14 ‘‘(4) EXCEPTIONS.—A State may not consoli15 date funds under paragraph (2) that are allocated to 

16 the State under— 

17 ‘‘(A) the Carl D. Perkins Career and Tech18 nical Education Act of 2006; or 

19 ‘‘(B) the Rehabilitation Act of 1973.’’. 

20 TITLE II—ADULT EDUCATION 

21 AND FAMILY LITERACY EDU22 CATION 

23 SEC. 201. AMENDMENT. 

24 Title II (20 U.S.C. 2901 et seq.) is amended to read 

25 as follows: 

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1 ‘‘TITLE II—ADULT EDUCATION 

2 AND FAMILY LITERACY EDU3 CATION 

4 ‘‘SEC. 201. SHORT TITLE. 

5 ‘‘This title may be cited as the ‘Adult Education and 

6 Family Literacy Education Act’. 

7 ‘‘SEC. 202. PURPOSE. 

8 ‘‘It is the purpose of this title to provide instructional 

9 opportunities for adults seeking to improve their literacy 

10 skills, including their basic reading, writing, speaking, and 

11 math skills, and support States and local communities in 

12 providing, on a voluntary basis, adult education and family 

13 literacy education programs, in order to— 

14 ‘‘(1) increase the literacy of adults, including 

15 the basic reading, writing, speaking, and math skills, 

16 to a level of proficiency necessary for adults to ob17 tain employment and self-sufficiency and to success18 fully advance in the workforce; 

19 ‘‘(2) assist adults in the completion of a sec20 ondary school education (or its equivalent) and the 

21 transition to a postsecondary educational institution; 

22 ‘‘(3) assist adults who are parents to enable 

23 them to support the educational development of their 

24 children and make informed choices regarding their 

25 children’s education including, through instruction in 

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1 basic reading, writing, speaking, and math skills; 

2 and 

3 ‘‘(4) assist adults who are not proficient in 

4 English in improving their reading, writing, speak5 ing, listening, comprehension, and math skills. 

6 ‘‘SEC. 203. DEFINITIONS. 

7 ‘‘In this title: 

8 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

9 EDUCATION PROGRAMS.—The term ‘adult education 

10 and family literacy education programs’ means a se11 quence of academic instruction and educational serv12 ices below the postsecondary level that increase an 

13 individual’s ability to read, write, and speak English 

14 and perform mathematical computations leading to a 

15 level of proficiency equivalent to at least a secondary 

16 school completion that is provided for individuals— 

17 ‘‘(A) who are at least 16 years of age; 

18 ‘‘(B) who are not enrolled or required to be 

19 enrolled in secondary school under State law; 

20 and 

21 ‘‘(C) who— 

22 ‘‘(i) lack sufficient mastery of basic 

23 reading, writing, speaking, and math skills 

24 to enable the individuals to function effec25 tively in society; 

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1 ‘‘(ii) do not have a secondary school 

2 diploma or its equivalent and have not 

3 achieved an equivalent level of education; 

4 or 

5 ‘‘(iii) are English learners. 

6 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

7 agency’— 

8 ‘‘(A) means the primary entity or agency 

9 in a State or an outlying area responsible for 

10 administering or supervising policy for adult 

11 education and family literacy education pro12 grams in the State or outlying area, respec13 tively, consistent with the law of the State or 

14 outlying area, respectively; and 

15 ‘‘(B) may be the State educational agency, 

16 the State agency responsible for administering 

17 workforce investment activities, or the State 

18 agency responsible for administering community 

19 or technical colleges. 

20 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

21 provider’ means an organization of demonstrated ef22 fectiveness which is— 

23 ‘‘(A) a local educational agency; 

24 ‘‘(B) a community-based or faith-based or25 ganization; 

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1 ‘‘(C) a volunteer literacy organization; 

2 ‘‘(D) an institution of higher education; 

3 ‘‘(E) a public or private educational agen4 cy; 

5 ‘‘(F) a library; 

6 ‘‘(G) a public housing authority; 

7 ‘‘(H) an institution that is not described in 

8 any of subparagraphs (A) through (G) and has 

9 the ability to provide adult education, basic 

10 skills, and family literacy education programs to 

11 adults and families; or 

12 ‘‘(I) a consortium of the agencies, organi13 zations, institutions, libraries, or authorities de14 scribed in any of subparagraphs (A) through 

15 (H). 

16 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO17 GRAM.—The term ‘English language acquisition pro18 gram’ means a program of instruction— 

19 ‘‘(A) designed to help English learners 

20 achieve competence in reading, writing, speak21 ing, and comprehension of the English lan22 guage; and 

23 ‘‘(B) that may lead to— 

24 ‘‘(i) attainment of a secondary school 

25 diploma or its recognized equivalent; 

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1 ‘‘(ii) transition to success in postsec2 ondary education and training; and 

3 ‘‘(iii) employment or career advance4 ment. 

5 ‘‘(5) FAMILY LITERACY EDUCATION PRO6 GRAM.—The term ‘family literacy education pro7 gram’ means an educational program that— 

8 ‘‘(A) assists parents and students, on a 

9 voluntary basis, in achieving the purposes of 

10 this title as described in section 202; and 

11 ‘‘(B) is of sufficient intensity in terms of 

12 hours and of sufficient quality to make sustain13 able changes in a family, is evidence-based, and, 

14 for the purpose of substantially increasing the 

15 ability of parents and children to read, write, 

16 and speak English, integrates— 

17 ‘‘(i) interactive literacy activities be18 tween parents and their children; 

19 ‘‘(ii) training for parents regarding 

20 how to be the primary teacher for their 

21 children and full partners in the education 

22 of their children; 

23 ‘‘(iii) parent literacy training that 

24 leads to economic self-sufficiency; and 

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1 ‘‘(iv) an age-appropriate education to 

2 prepare children for success in school and 

3 life experiences. 

4 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

5 the chief executive officer of a State or outlying 

6 area. 

7 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 

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

9 with a disability’ means an individual with any 

10 disability (as defined in section 3 of the Ameri11 cans with Disabilities Act of 1990). 

12 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

13 The term ‘individuals with disabilities’ means 

14 more than one individual with a disability. 

15 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

16 learner’ means an adult or out-of-school youth who 

17 has limited ability in reading, writing, speaking, or 

18 understanding the English language, and— 

19 ‘‘(A) whose native language is a language 

20 other than English; or 

21 ‘‘(B) who lives in a family or community 

22 environment where a language other than 

23 English is the dominant language. 

24 ‘‘(9) INTEGRATED EDUCATION AND TRAIN25 ING.—The term ‘integrated education and training’ 

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1 means services that provide adult education and lit2 eracy activities contextually and concurrently with 

3 workforce preparation activities and workforce train4 ing for a specific occupation or occupational cluster. 

5 Such services may include offering adult education 

6 services concurrent with postsecondary education 

7 and training, including through co-instruction. 

8 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

9 The term ‘institution of higher education’ has the 

10 meaning given the term in section 101 of the Higher 

11 Education Act of 1965. 

12 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

13 individual’s ability to read, write, and speak in 

14 English, compute, and solve problems at a level of 

15 proficiency necessary to obtain employment and to 

16 successfully make the transition to postsecondary 

17 education. 

18 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The 

19 term ‘local educational agency’ has the meaning 

20 given the term in section 9101 of the Elementary 

21 and Secondary Education Act of 1965. 

22 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

23 area’ has the meaning given the term in section 101 

24 of this Act. 

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1 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU2 TION.—The term ‘postsecondary educational institu3 tion’ means— 

4 ‘‘(A) an institution of higher education 

5 that provides not less than a 2-year program of 

6 instruction that is acceptable for credit toward 

7 a bachelor’s degree; 

8 ‘‘(B) a tribally controlled community col9 lege; or 

10 ‘‘(C) a nonprofit educational institution of11 fering certificate or apprenticeship programs at 

12 the postsecondary level. 

13 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

14 means the Secretary of Education. 

15 ‘‘(16) STATE.—The term ‘State’ means each of 

16 the several States of the United States, the District 

17 of Columbia, and the Commonwealth of Puerto Rico. 

18 ‘‘(17) STATE EDUCATIONAL AGENCY.—The 

19 term ‘State educational agency’ has the meaning 

20 given the term in section 9101 of the Elementary 

21 and Secondary Education Act of 1965. 

22 ‘‘(18) WORKPLACE LITERACY PROGRAM.—The 

23 term ‘workplace literacy program’ means an edu24 cational program that is offered in collaboration be25 tween eligible providers and employers or employee 

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1 organizations for the purpose of improving the pro2 ductivity of the workforce through the improvement 

3 of reading, writing, speaking, and math skills. 

4 ‘‘SEC. 204. HOME SCHOOLS. 

5 ‘‘Nothing in this title shall be construed to affect 

6 home schools, whether or not a home school is treated as 

7 a home school or a private school under State law, or to 

8 compel a parent engaged in home schooling to participate 

9 in adult education and family literacy education activities 

10 under this title. 

11 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to carry out 

13 this title, $606,294,933 for fiscal years 2014 and for each 

14 of the 6 succeeding fiscal years. 

15 ‘‘Subtitle A—Federal Provisions 

16 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

17 AGENCIES; ALLOTMENTS. 

18 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap19 propriated under section 205 for a fiscal year, the Sec20 retary shall reserve 2.0 percent to carry out section 242. 

21 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

22 ‘‘(1) IN GENERAL.—From the sums appro23 priated under section 205 and not reserved under 

24 subsection (a) for a fiscal year, the Secretary shall 

25 award a grant to each eligible agency having a State 

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1 plan approved under section 224 in an amount equal 

2 to the sum of the initial allotment under subsection 

3 (c)(1) and the additional allotment under subsection 

4 (c)(2) for the eligible agency for the fiscal year, sub5 ject to subsections (f) and (g). 

6 ‘‘(2) PURPOSE OF GRANTS.—The Secretary 

7 may award a grant under paragraph (1) only if the 

8 eligible agency involved agrees to expend the grant 

9 in accordance with the provisions of this title. 

10 ‘‘(c) ALLOTMENTS.— 

11 ‘‘(1) INITIAL ALLOTMENTS.—From the sums 

12 appropriated under section 205 and not reserved 

13 under subsection (a) for a fiscal year, the Secretary 

14 shall allot to each eligible agency having a State 

15 plan approved under section 224— 

16 ‘‘(A) $100,000, in the case of an eligible 

17 agency serving an outlying area; and 

18 ‘‘(B) $250,000, in the case of any other el19 igible agency. 

20 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the 

21 sums appropriated under section 205, not reserved 

22 under subsection (a), and not allotted under para23 graph (1), for a fiscal year, the Secretary shall allot 

24 to each eligible agency that receives an initial allot25 ment under paragraph (1) an additional amount 

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1 that bears the same relationship to such sums as the 

2 number of qualifying adults in the State or outlying 

3 area served by the eligible agency bears to the num4 ber of such adults in all States and outlying areas. 

5 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub6 section (c)(2), the term ‘qualifying adult’ means an adult 

7 who— 

8 ‘‘(1) is at least 16 years of age; 

9 ‘‘(2) is beyond the age of compulsory school at10 tendance under the law of the State or outlying 

11 area; 

12 ‘‘(3) does not have a secondary school diploma 

13 or its recognized equivalent; and 

14 ‘‘(4) is not enrolled in secondary school. 

15 ‘‘(e) SPECIAL RULE.— 

16 ‘‘(1) IN GENERAL.—From amounts made avail17 able under subsection (c) for the Republic of Palau, 

18 the Secretary shall award grants to Guam, American 

19 Samoa, the Commonwealth of the Northern Mariana 

20 Islands, or the Republic of Palau to carry out activi21 ties described in this title in accordance with the 

22 provisions of this title as determined by the Sec23 retary. 

24 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith25 standing any other provision of law, the Republic of 

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1 Palau shall be eligible to receive a grant under this 

2 title until an agreement for the extension of United 

3 States education assistance under the Compact of 

4 Free Association for the Republic of Palau becomes 

5 effective. 

6 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

8 (c) and subject to paragraph (2), for— 

9 ‘‘(A) fiscal year 2014, no eligible agency 

10 shall receive an allotment under this title that 

11 is less than 90 percent of the allotment the eli12 gible agency received for fiscal year 2012 under 

13 this title; and 

14 ‘‘(B) fiscal year 2015 and each succeeding 

15 fiscal year, no eligible agency shall receive an 

16 allotment under this title that is less than 90 

17 percent of the allotment the eligible agency re18 ceived for the preceding fiscal year under this 

19 title. 

20 ‘‘(2) RATABLE REDUCTION.—If, for any fiscal 

21 year the amount available for allotment under this 

22 title is insufficient to satisfy the provisions of para23 graph (1), the Secretary shall ratable reduce the 

24 payments to all eligible agencies, as necessary. 

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1 ‘‘(g) REALLOTMENT.—The portion of any eligible 

2 agency’s allotment under this title for a fiscal year that 

3 the Secretary determines will not be required for the pe4 riod such allotment is available for carrying out activities 

5 under this title, shall be available for reallotment from 

6 time to time, on such dates during such period as the Sec7 retary shall fix, to other eligible agencies in proportion to 

8 the original allotments to such agencies under this title 

9 for such year. 

10 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

11 ‘‘Programs and activities authorized under this title 

12 are subject to the performance accountability provisions 

13 described in paragraph (2)(A) and (3) of section 136(b) 

14 and may, at a State’s discretion, include additional indica15 tors identified in the State plan approved under section 

16 224. 

17 ‘‘Subtitle B—State Provisions 

18 ‘‘SEC. 221. STATE ADMINISTRATION. 

19 ‘‘Each eligible agency shall be responsible for the fol20 lowing activities under this title: 

21 ‘‘(1) The development, submission, implementa22 tion, and monitoring of the State plan. 

23 ‘‘(2) Consultation with other appropriate agen24 cies, groups, and individuals that are involved in, or 

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1 interested in, the development and implementation 

2 of activities assisted under this title. 

3 ‘‘(3) Coordination and avoidance of duplication 

4 with other Federal and State education, training, 

5 corrections, public housing, and social service pro6 grams. 

7 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE8 QUIREMENT. 

9 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi10 ble agency receiving a grant under this title for a fiscal 

11 year— 

12 ‘‘(1) shall use an amount not less than 82.5 

13 percent of the grant funds to award grants and con14 tracts under section 231 and to carry out section 

15 225, of which not more than 10 percent of such 

16 amount shall be available to carry out section 225; 

17 ‘‘(2) shall use not more than 12.5 percent of 

18 the grant funds to carry out State leadership activi19 ties under section 223; and 

20 ‘‘(3) shall use not more than 5 percent of the 

21 grant funds, or $65,000, whichever is greater, for 

22 the administrative expenses of the eligible agency. 

23 ‘‘(b) MATCHING REQUIREMENT.— 

24 ‘‘(1) IN GENERAL.—In order to receive a grant 

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1 ble agency shall provide, for the costs to be incurred 

2 by the eligible agency in carrying out the adult edu3 cation and family literacy education programs for 

4 which the grant is awarded, a non-Federal contribu5 tion in an amount that is not less than— 

6 ‘‘(A) in the case of an eligible agency serv7 ing an outlying area, 12 percent of the total 

8 amount of funds expended for adult education 

9 and family literacy education programs in the 

10 outlying area, except that the Secretary may 

11 decrease the amount of funds required under 

12 this subparagraph for an eligible agency; and 

13 ‘‘(B) in the case of an eligible agency serv14 ing a State, 25 percent of the total amount of 

15 funds expended for adult education and family 

16 literacy education programs in the State. 

17 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi18 ble agency’s non-Federal contribution required under 

19 paragraph (1) may be provided in cash or in kind, 

20 fairly evaluated, and shall include only non-Federal 

21 funds that are used for adult education and family 

22 literacy education programs in a manner that is con23 sistent with the purpose of this title. 

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1 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

2 ‘‘(a) IN GENERAL.—Each eligible agency may use 

3 funds made available under section 222(a)(2) for any of 

4 the following adult education and family literacy education 

5 programs: 

6 ‘‘(1) The establishment or operation of profes7 sional development programs to improve the quality 

8 of instruction provided pursuant to local activities 

9 required under section 231(b). 

10 ‘‘(2) The provision of technical assistance to eli11 gible providers of adult education and family literacy 

12 education programs, including for the development 

13 and dissemination of evidence based research in14 structional practices in reading, writing, speaking, 

15 math, and English language acquisition programs. 

16 ‘‘(3) The provision of assistance to eligible pro17 viders in developing, implementing, and reporting 

18 measurable progress in achieving the objectives of 

19 this title. 

20 ‘‘(4) The monitoring and evaluation of the qual21 ity of, and the improvement in, adult education and 

22 literacy activities. 

23 ‘‘(5) The provision of technology assistance, in24 cluding staff training, to eligible providers of adult 

25 education and family literacy education programs, 

26 including distance education activities, to enable the 

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1 eligible providers to improve the quality of such ac2 tivities. 

3 ‘‘(6) The development and implementation of 

4 technology applications or distance education, in5 cluding professional development to support the use 

6 of instructional technology. 

7 ‘‘(7) Coordination with other public programs, 

8 including programs under title I of this Act, and 

9 other welfare-to-work, workforce development, and 

10 job training programs. 

11 ‘‘(8) Coordination with existing support serv12 ices, such as transportation, child care, and other 

13 assistance designed to increase rates of enrollment 

14 in, and successful completion of, adult education and 

15 family literacy education programs, for adults en16 rolled in such activities. 

17 ‘‘(9) The development and implementation of a 

18 system to assist in the transition from adult basic 

19 education to postsecondary education. 

20 ‘‘(10) Activities to promote workplace literacy 

21 programs. 

22 ‘‘(11) Other activities of statewide significance, 

23 including assisting eligible providers in achieving 

24 progress in improving the skill levels of adults who 

25 participate in programs under this title. 

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1 ‘‘(12) Integration of literacy, instructional, and 

2 occupational skill training and promotion of linkages 

3 with employees. 

4 ‘‘(b) COORDINATION.—In carrying out this section, 

5 eligible agencies shall coordinate where possible, and avoid 

6 duplicating efforts, in order to maximize the impact of the 

7 activities described in subsection (a). 

8 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

9 State or outlying area implements any rule or policy relat10 ing to the administration or operation of a program au11 thorized under this title that has the effect of imposing 

12 a requirement that is not imposed under Federal law (in13 cluding any rule or policy based on a State or outlying 

14 area interpretation of a Federal statute, regulation, or 

15 guideline), the State or outlying area shall identify, to eli16 gible providers, the rule or policy as being imposed by the 

17 State or outlying area. 

18 ‘‘SEC. 224. STATE PLAN. 

19 ‘‘(a) 3-YEAR PLANS.— 

20 ‘‘(1) IN GENERAL.—Each eligible agency desir21 ing a grant under this title for any fiscal year shall 

22 submit to, or have on file with, the Secretary a 3- 

23 year State plan. 

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1 ‘‘(2) STATE UNIFIED PLAN.—The eligible agen2 cy may submit the State plan as part of a State uni3 fied plan described in section 501. 

4 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in5 clude in the State plan or any revisions to the State plan— 

6 ‘‘(1) an objective assessment of the needs of in7 dividuals in the State or outlying area for adult edu8 cation and family literacy education programs, in9 cluding individuals most in need or hardest to serve; 

10 ‘‘(2) a description of the adult education and 

11 family literacy education programs that will be car12 ried out with funds received under this title; 

13 ‘‘(3) an assurance that the funds received under 

14 this title will not be expended for any purpose other 

15 than for activities under this title; 

16 ‘‘(4) a description of how the eligible agency 

17 will annually evaluate and measure the effectiveness 

18 and improvement of the adult education and family 

19 literacy education programs funded under this title 

20 using the indicators of performance described in sec21 tion 136, including how the eligible agency will con22 duct such annual evaluations and measures for each 

23 grant received under this title; 

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1 ‘‘(5) a description of how the eligible agency 

2 will fund local activities in accordance with the 

3 measurable goals described in section 231(d); 

4 ‘‘(6) an assurance that the eligible agency will 

5 expend the funds under this title only in a manner 

6 consistent with fiscal requirements in section 241; 

7 ‘‘(7) a description of the process that will be 

8 used for public participation and comment with re9 spect to the State plan, which— 

10 ‘‘(A) shall include consultation with the 

11 State workforce investment board, the State 

12 board responsible for administering community 

13 or technical colleges, the Governor, the State 

14 educational agency, the State board or agency 

15 responsible for administering block grants for 

16 temporary assistance to needy families under 

17 title IV of the Social Security Act, the State 

18 council on disabilities, the State vocational re19 habilitation agency, and other State agencies 

20 that promote the improvement of adult edu21 cation and family literacy education programs, 

22 and direct providers of such programs; and 

23 ‘‘(B) may include consultation with the 

24 State agency on higher education, institutions 

25 responsible for professional development of 

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1 adult education and family literacy education 

2 programs instructors, representatives of busi3 ness and industry, refugee assistance programs, 

4 and faith-based organizations; 

5 ‘‘(8) a description of the eligible agency’s strat6 egies for serving populations that include, at a min7 imum— 

8 ‘‘(A) low-income individuals; 

9 ‘‘(B) individuals with disabilities; 

10 ‘‘(C) the unemployed; 

11 ‘‘(D) the underemployed; and 

12 ‘‘(E) individuals with multiple barriers to 

13 educational enhancement, including English 

14 learners; 

15 ‘‘(9) a description of how the adult education 

16 and family literacy education programs that will be 

17 carried out with any funds received under this title 

18 will be integrated with other adult education, career 

19 development, and employment and training activities 

20 in the State or outlying area served by the eligible 

21 agency; 

22 ‘‘(10) a description of the steps the eligible 

23 agency will take to ensure direct and equitable ac24 cess, as required in section 231(c)(1), including— 

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1 ‘‘(A) how the State will build the capacity 

2 of community-based and faith-based organiza3 tions to provide adult education and family lit4 eracy education programs; and 

5 ‘‘(B) how the State will increase the par6 ticipation of business and industry in adult edu7 cation and family literacy education programs; 

8 ‘‘(11) an assessment of the adequacy of the sys9 tem of the State or outlying area to ensure teacher 

10 quality and a description of how the State or out11 lying area will use funds received under this subtitle 

12 to improve teacher quality, including evidence-based 

13 professional development to improve instruction; and 

14 ‘‘(12) a description of how the eligible agency 

15 will consult with any State agency responsible for 

16 postsecondary education to develop adult education 

17 that prepares students to enter postsecondary edu18 cation without the need for remediation upon com19 pletion of secondary school equivalency programs. 

20 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

21 or other factors require substantial revisions to an ap22 proved State plan, the eligible agency shall submit the re23 visions of the State plan to the Secretary. 

24 ‘‘(d) CONSULTATION.—The eligible agency shall— 

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1 ‘‘(1) submit the State plan, and any revisions to 

2 the State plan, to the Governor, the chief State 

3 school officer, or the State officer responsible for ad4 ministering community or technical colleges, or out5 lying area for review and comment; and 

6 ‘‘(2) ensure that any comments regarding the 

7 State plan by the Governor, the chief State school 

8 officer, or the State officer responsible for admin9 istering community or technical colleges, and any re10 vision to the State plan, are submitted to the Sec11 retary. 

12 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

13 ‘‘(1) approve a State plan within 90 days after 

14 receiving the plan unless the Secretary makes a writ15 ten determination within 30 days after receiving the 

16 plan that the plan does not meet the requirements 

17 of this section or is inconsistent with specific provi18 sions of this subtitle; and 

19 ‘‘(2) not finally disapprove of a State plan be20 fore offering the eligible agency the opportunity, 

21 prior to the expiration of the 30-day period begin22 ning on the date on which the eligible agency re23 ceived the written determination described in para24 graph (3), to review the plan and providing technical 

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1 assistance in order to assist the eligible agency in 

2 meeting the requirements of this subtitle. 

3 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

4 OTHER INSTITUTIONALIZED INDIVIDUALS. 

5 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

6 available under section 222(a)(1) for a fiscal year, each 

7 eligible agency shall carry out corrections education and 

8 education for other institutionalized individuals. 

9 ‘‘(b) USES OF FUNDS.—The funds described in sub10 section (a) shall be used for the cost of educational pro11 grams for criminal offenders in correctional institutions 

12 and for other institutionalized individuals, including aca13 demic programs for— 

14 ‘‘(1) basic skills education; 

15 ‘‘(2) special education programs as determined 

16 by the eligible agency; 

17 ‘‘(3) reading, writing, speaking, and math pro18 grams; 

19 ‘‘(4) secondary school credit or diploma pro20 grams or their recognized equivalent; and 

21 ‘‘(5) integrated education and training. 

22 ‘‘(c) PRIORITY.—Each eligible agency that is using 

23 assistance provided under this section to carry out a pro24 gram for criminal offenders within a correctional institu25 tion shall give priority to serving individuals who are likely 

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1 to leave the correctional institution within 5 years of par2 ticipation in the program. 

3 ‘‘(d) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

5 ‘correctional institution’ means any— 

6 ‘‘(A) prison; 

7 ‘‘(B) jail; 

8 ‘‘(C) reformatory; 

9 ‘‘(D) work farm; 

10 ‘‘(E) detention center; or 

11 ‘‘(F) halfway house, community-based re12 habilitation center, or any other similar institu13 tion designed for the confinement or rehabilita14 tion of criminal offenders. 

15 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi16 nal offender’ means any individual who is charged 

17 with, or convicted of, any criminal offense. 

18 ‘‘Subtitle C—Local Provisions 

19 ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO20 VIDERS. 

21 ‘‘(a) GRANTS AND CONTRACTS.—From grant funds 

22 made available under section 222(a)(1), each eligible agen23 cy shall award multi-year grants or contracts, on a com24 petitive basis, to eligible providers within the State or out25 lying area that meet the conditions and requirements of 

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1 this title to enable the eligible providers to develop, imple2 ment, and improve adult education and family literacy 

3 education programs within the State. 

4 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 

5 require eligible providers receiving a grant or contract 

6 under subsection (a) to establish or operate— 

7 ‘‘(1) programs that provide adult education and 

8 literacy activities; 

9 ‘‘(2) programs that provide integrated employ10 ment and training activities; or 

11 ‘‘(3) credit-bearing postsecondary coursework. 

12 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC13 ESS.—Each eligible agency receiving funds under this title 

14 shall ensure that— 

15 ‘‘(1) all eligible providers have direct and equi16 table access to apply for grants or contracts under 

17 this section; and 

18 ‘‘(2) the same grant or contract announcement 

19 process and application process is used for all eligi20 ble providers in the State or outlying area. 

21 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

22 require eligible providers receiving a grant or contract 

23 under subsection (a) to demonstrate— 

24 ‘‘(1) the eligible provider’s measurable goals for 

25 participant outcomes to be achieved annually on the 

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1 core indicators of performance described in section 

2 136(b)(2)(A); 

3 ‘‘(2) the past effectiveness of the eligible pro4 vider in improving the basic academic skills of adults 

5 and, for eligible providers receiving grants in the 

6 prior year, the success of the eligible provider receiv7 ing funding under this title in exceeding its perform8 ance goals in the prior year; 

9 ‘‘(3) the commitment of the eligible provider to 

10 serve individuals in the community who are the most 

11 in need of basic academic skills instruction services, 

12 including individuals with disabilities and individuals 

13 who are low-income or have minimal reading, writ14 ing, speaking, and math skills, or are English learn15 ers; 

16 ‘‘(4) the program is of sufficient intensity and 

17 quality for participants to achieve substantial learn18 ing gains; 

19 ‘‘(5) educational practices are evidence-based; 

20 ‘‘(6) the activities of the eligible provider effec21 tively employ advances in technology, and delivery 

22 systems including distance education; 

23 ‘‘(7) the activities provide instruction in real-life 

24 contexts, including integrated education and training 

25 when appropriate, to ensure that an individual has 

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1 the skills needed to compete in the workplace and 

2 exercise the rights and responsibilities of citizenship; 

3 ‘‘(8) the activities are staffed by well-trained in4 structors, counselors, and administrators who meet 

5 minimum qualifications established by the State; 

6 ‘‘(9) the activities are coordinated with other 

7 available resources in the community, such as 

8 through strong links with elementary schools and 

9 secondary schools, postsecondary educational institu10 tions, local workforce investment boards, one-stop 

11 centers, job training programs, community-based 

12 and faith-based organizations, and social service 

13 agencies; 

14 ‘‘(10) the activities offer flexible schedules and 

15 support services (such as child care and transpor16 tation) that are necessary to enable individuals, in17 cluding individuals with disabilities or other special 

18 needs, to attend and complete programs; 

19 ‘‘(11) the activities include a high-quality infor20 mation management system that has the capacity to 

21 report measurable participant outcomes (consistent 

22 with section 136) and to monitor program perform23 ance; 

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1 quisition programs, and integrated education and 

2 training programs; 

3 ‘‘(13) the capacity of the eligible provider to 

4 produce valid information on performance results, 

5 including enrollments and measurable participant 

6 outcomes; 

7 ‘‘(14) adult education and family literacy edu8 cation programs offer rigorous reading, writing, 

9 speaking, and math content that are evidence based; 

10 and 

11 ‘‘(15) applications of technology, and services to 

12 be provided by the eligible providers, are of sufficient 

13 intensity and duration to increase the amount and 

14 quality of learning and lead to measurable learning 

15 gains within specified time periods. 

16 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

17 grant funds under this title to serve children participating 

18 in family literacy programs assisted under this part, pro19 vided that other sources of funds available to provide simi20 lar services for such children are used first. 

21 ‘‘SEC. 232. LOCAL APPLICATION. 

22 ‘‘Each eligible provider desiring a grant or contract 

23 under this title shall submit an application to the eligible 

24 agency containing such information and assurances as the 

25 eligible agency may require, including— 

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1 ‘‘(1) a description of how funds awarded under 

2 this title will be spent consistent with the require3 ments of this title; 

4 ‘‘(2) a description of any cooperative arrange5 ments the eligible provider has with other agencies, 

6 institutions, or organizations for the delivery of 

7 adult education and family literacy education pro8 grams; and 

9 ‘‘(3) each of the demonstrations required by 

10 section 231(d). 

11 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

12 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

13 amount that is made available under this title to an eligi14 ble provider— 

15 ‘‘(1) at least 95 percent shall be expended for 

16 carrying out adult education and family literacy edu17 cation programs; and 

18 ‘‘(2) the remaining amount shall be used for 

19 planning, administration, personnel and professional 

20 development, development of measurable goals in 

21 reading, writing, speaking, and math, and inter22 agency coordination. 

23 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

24 described in subsection (a) are too restrictive to allow for 

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1 ment, and interagency coordination, the eligible provider 

2 may negotiate with the eligible agency in order to deter3 mine an adequate level of funds to be used for noninstruc4 tional purposes. 

5 ‘‘Subtitle D—General Provisions 

6 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

7 ‘‘Funds made available for adult education and fam8 ily literacy education programs under this title shall sup9 plement and not supplant other State or local public funds 

10 expended for adult education and family literacy education 

11 programs. 

12 ‘‘SEC. 242. NATIONAL ACTIVITIES. 

13 ‘‘The Secretary shall establish and carry out a pro14 gram of national activities that may include the following: 

15 ‘‘(1) Providing technical assistance to eligible 

16 entities, on request, to— 

17 ‘‘(A) improve their fiscal management, re18 search-based instruction, and reporting require19 ments to carry out the requirements of this 

20 title; 

21 ‘‘(B) improve its performance on the core 

22 indicators of performance described in section 

23 136; 

24 ‘‘(C) provide adult education professional 

25 development; and 

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1 ‘‘(D) use distance education and improve 

2 the application of technology in the classroom, 

3 including instruction in English language acqui4 sition for English learners. 

5 ‘‘(2) Providing for the conduct of research on 

6 national literacy basic skill acquisition levels among 

7 adults, including the number of adult English learn8 ers functioning at different levels of reading pro9 ficiency. 

10 ‘‘(3) Improving the coordination, efficiency, and 

11 effectiveness of adult education and workforce devel12 opment services at the national, State, and local lev13 els. 

14 ‘‘(4) Determining how participation in adult 

15 education, English language acquisition, and family 

16 literacy education programs prepares individuals for 

17 entry into and success in postsecondary education 

18 and employment, and in the case of prison-based 

19 services, the effect on recidivism. 

20 ‘‘(5) Evaluating how different types of pro21 viders, including community and faith-based organi22 zations or private for-profit agencies measurably im23 prove the skills of participants in adult education, 

24 English language acquisition, and family literacy 

25 education programs. 

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1 ‘‘(6) Identifying model integrated basic and 

2 workplace skills education programs, including pro3 grams for English learners coordinated literacy and 

4 employment services, and effective strategies for 

5 serving adults with disabilities. 

6 ‘‘(7) Initiating other activities designed to im7 prove the measurable quality and effectiveness of 

8 adult education, English language acquisition, and 

9 family literacy education programs nationwide.’’. 

10 TITLE III—AMENDMENTS TO 

11 THE WAGNER-PEYSER ACT 

12 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

13 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 

14 amended by amending section 15 to read as follows: 

15 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

16 SYSTEM. 

17 ‘‘(a) SYSTEM CONTENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

19 accordance with the provisions of this section, shall 

20 oversee the development, maintenance, and contin21 uous improvement of a nationwide workforce and 

22 labor market information system that includes— 

23 ‘‘(A) statistical data from cooperative sta24 tistical survey and projection programs and 

25 data from administrative reporting systems 

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1 that, taken together, enumerate, estimate, and 

2 project employment opportunities and condi3 tions at national, State, and local levels in a 

4 timely manner, including statistics on— 

5 ‘‘(i) employment and unemployment 

6 status of national, State, and local popu7 lations, including self-employed, part-time, 

8 and seasonal workers; 

9 ‘‘(ii) industrial distribution of occupa10 tions, as well as current and projected em11 ployment opportunities, wages, benefits 

12 (where data is available), and skill trends 

13 by occupation and industry, with particular 

14 attention paid to State and local condi15 tions; 

16 ‘‘(iii) the incidence of, industrial and 

17 geographical location of, and number of 

18 workers displaced by, permanent layoffs 

19 and plant closings; and 

20 ‘‘(iv) employment and earnings infor21 mation maintained in a longitudinal man22 ner to be used for research and program 

23 evaluation; 

24 ‘‘(B) information on State and local em25 ployment opportunities, and other appropriate 

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1 statistical data related to labor market dynam2 ics, which— 

3 ‘‘(i) shall be current and comprehen4 sive; 

5 ‘‘(ii) shall meet the needs identified 

6 through the consultations described in sub7 paragraphs (A) and (B) of subsection 

8 (e)(2); and 

9 ‘‘(iii) shall meet the needs for the in10 formation identified in section 121; 

11 ‘‘(C) technical standards (which the Sec12 retary shall publish annually) for data and in13 formation described in subparagraphs (A) and 

14 (B) that, at a minimum, meet the criteria of 

15 chapter 35 of title 44, United States Code; 

16 ‘‘(D) procedures to ensure compatibility 

17 and additivity of the data and information de18 scribed in subparagraphs (A) and (B) from na19 tional, State, and local levels; 

20 ‘‘(E) procedures to support standardization 

21 and aggregation of data from administrative re22 porting systems described in subparagraph (A) 

23 of employment-related programs; 

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1 ‘‘(F) analysis of data and information de2 scribed in subparagraphs (A) and (B) for uses 

3 such as— 

4 ‘‘(i) national, State, and local policy5 making; 

6 ‘‘(ii) implementation of Federal poli7 cies (including allocation formulas); 

8 ‘‘(iii) program planning and evalua9 tion; and 

10 ‘‘(iv) researching labor market dynam11 ics; 

12 ‘‘(G) wide dissemination of such data, in13 formation, and analysis in a user-friendly man14 ner and voluntary technical standards for dis15 semination mechanisms; and 

16 ‘‘(H) programs of— 

17 ‘‘(i) training for effective data dis18 semination; 

19 ‘‘(ii) research and demonstration; and 

20 ‘‘(iii) programs and technical assist21 ance. 

22 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

23 ‘‘(A) IN GENERAL.—No officer or em24 ployee of the Federal Government or agent of 

25 the Federal Government may— 

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1 ‘‘(i) use any submission that is fur2 nished for exclusively statistical purposes 

3 under the provisions of this section for any 

4 purpose other than the statistical purposes 

5 for which the submission is furnished; 

6 ‘‘(ii) disclose to the public any publi7 cation or media transmittal of the data 

8 contained in the submission described in 

9 clause (i) that permits information con10 cerning an individual subject to be reason11 ably inferred by either direct or indirect 

12 means; or 

13 ‘‘(iii) permit anyone other than a 

14 sworn officer, employee, or agent of any 

15 Federal department or agency, or a con16 tractor (including an employee of a con17 tractor) of such department or agency, to 

18 examine an individual submission described 

19 in clause (i), 

20 without the consent of the individual, agency, or 

21 other person who is the subject of the submis22 sion or provides that submission. 

23 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

24 Any submission (including any data derived 

25 from the submission) that is collected and remstockstill on DSK4VPTVN1PROD with BILLS

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1 tained by a Federal department or agency, or 

2 an officer, employee, agent, or contractor of 

3 such a department or agency, for exclusively 

4 statistical purposes under this section shall be 

5 immune from the legal process and shall not, 

6 without the consent of the individual, agency, or 

7 other person who is the subject of the submis8 sion or provides that submission, be admitted 

9 as evidence or used for any purpose in any ac10 tion, suit, or other judicial or administrative 

11 proceeding. 

12 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

13 in this section shall be construed to provide im14 munity from the legal process for such submis15 sion (including any data derived from the sub16 mission) if the submission is in the possession 

17 of any person, agency, or entity other than the 

18 Federal Government or an officer, employee, 

19 agent, or contractor of the Federal Government, 

20 or if the submission is independently collected, 

21 retained, or produced for purposes other than 

22 the purposes of this Act. 

23 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

24 ‘‘(1) IN GENERAL.—The workforce and labor 

25 market information system described in subsection 

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1 (a) shall be planned, administered, overseen, and 

2 evaluated through a cooperative governance struc3 ture involving the Federal Government and States. 

4 ‘‘(2) DUTIES.—The Secretary, with respect to 

5 data collection, analysis, and dissemination of work6 force and labor market information for the system, 

7 shall carry out the following duties: 

8 ‘‘(A) Assign responsibilities within the De9 partment of Labor for elements of the work10 force and labor market information system de11 scribed in subsection (a) to ensure that all sta12 tistical and administrative data collected is con13 sistent with appropriate Bureau of Labor Sta14 tistics standards and definitions. 

15 ‘‘(B) Actively seek the cooperation of other 

16 Federal agencies to establish and maintain 

17 mechanisms for ensuring complementarity and 

18 nonduplication in the development and oper19 ation of statistical and administrative data col20 lection activities. 

21 ‘‘(C) Eliminate gaps and duplication in 

22 statistical undertakings, with the systemization 

23 of wage surveys as an early priority. 

24 ‘‘(D) In collaboration with the Bureau of 

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1 tain the elements of the workforce and labor 

2 market information system described in sub3 section (a), including the development of con4 sistent procedures and definitions for use by the 

5 States in collecting the data and information 

6 described in subparagraphs (A) and (B) of sub7 section (a)(1). 

8 ‘‘(E) Establish procedures for the system 

9 to ensure that— 

10 ‘‘(i) such data and information are 

11 timely; 

12 ‘‘(ii) paperwork and reporting for the 

13 system are reduced to a minimum; and 

14 ‘‘(iii) States and localities are fully in15 volved in the development and continuous 

16 improvement of the system at all levels. 

17 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

18 SERVICES.—The Secretary is authorized to assist in the 

19 development of national electronic tools that may be used 

20 to facilitate the delivery of work ready services described 

21 in section 134(c)(2) and to provide workforce information 

22 to individuals through the one-stop delivery systems de23 scribed in section 121 and through other appropriate de24 livery systems. 

25 ‘‘(d) COORDINATION WITH THE STATES.— 

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1 ‘‘(1) IN GENERAL.—The Secretary, working 

2 through the Bureau of Labor Statistics and the Em3 ployment and Training Administration, shall regu4 larly consult with representatives of State agencies 

5 carrying out workforce information activities regard6 ing strategies for improving the workforce and labor 

7 market information system. 

8 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

9 each year, the Secretary, working through the Bu10 reau of Labor Statistics, shall conduct formal con11 sultations regarding programs carried out by the 

12 Bureau of Labor Statistics with representatives of 

13 each of the Federal regions of the Bureau of Labor 

14 Statistics, elected (pursuant to a process established 

15 by the Secretary) from the State directors affiliated 

16 with State agencies that perform the duties de17 scribed in subsection (e)(2). 

18 ‘‘(e) STATE RESPONSIBILITIES.— 

19 ‘‘(1) IN GENERAL.—In order to receive Federal 

20 financial assistance under this section, the Governor 

21 of a State shall— 

22 ‘‘(A) be responsible for the management of 

23 the portions of the workforce and labor market 

24 information system described in subsection (a) 

25 that comprise a statewide workforce and labor 

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1 market information system and for the State’s 

2 participation in the development of the annual 

3 plan; 

4 ‘‘(B) establish a process for the oversight 

5 of such system; 

6 ‘‘(C) consult with State and local employ7 ers, participants, and local workforce invest8 ment boards about the labor market relevance 

9 of the data to be collected and disseminated 

10 through the statewide workforce and labor mar11 ket information system; 

12 ‘‘(D) consult with State educational agen13 cies and local educational agencies concerning 

14 the provision of employment statistics in order 

15 to meet the needs of secondary school and post16 secondary school students who seek such infor17 mation; 

18 ‘‘(E) collect and disseminate for the sys19 tem, on behalf of the State and localities in the 

20 State, the information and data described in 

21 subparagraphs (A) and (B) of subsection 

22 (a)(1); 

23 ‘‘(F) maintain and continuously improve 

24 the statewide workforce and labor market infor25 mation system in accordance with this section; 

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1 ‘‘(G) perform contract and grant respon2 sibilities for data collection, analysis, and dis3 semination for such system; 

4 ‘‘(H) conduct such other data collection, 

5 analysis, and dissemination activities as will en6 sure an effective statewide workforce and labor 

7 market information system; 

8 ‘‘(I) actively seek the participation of other 

9 State and local agencies in data collection, anal10 ysis, and dissemination activities in order to en11 sure complementarity, compatibility, and useful12 ness of data; 

13 ‘‘(J) participate in the development of the 

14 annual plan described in subsection (c); and 

15 ‘‘(K) utilize the quarterly records described 

16 in section 136(f)(2) to assist the State and 

17 other States in measuring State progress on 

18 State performance measures. 

19 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

20 this section shall be construed as limiting the ability 

21 of a Governor to conduct additional data collection, 

22 analysis, and dissemination activities with State 

23 funds or with Federal funds from sources other than 

24 this section. 

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1 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

2 functions and activities carried out pursuant to this sec3 tion shall duplicate the functions and activities carried out 

4 under the Carl D. Perkins Career and Technical Edu5 cation Act of 2006 (20 U.S.C. 2301 et seq.). 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $63,473,000 for fiscal year 2014 and each of the 6 suc9 ceeding fiscal years. 

10 ‘‘(h) DEFINITION.—In this section, the term ‘local 

11 area’ means the smallest geographical area for which data 

12 can be produced with statistical reliability.’’. 

13 TITLE IV—REPEALS AND 

14 CONFORMING AMENDMENTS 

15 SEC. 401. REPEALS. 

16 The following provisions are repealed: 

17 (1) Chapter 4 of subtitle B of title I, and sec18 tions 123, 155, 166, 167, 168, 169, 171, 173, 173A, 

19 174, 192, 194, 502, 503, and 506 of the Workforce 

20 Investment Act of 1998. 

21 (2) Title V of the Older Americans Act of 1965. 

22 (3) Sections 1 through 14 of the Wagner23 Peyser Act. 

24 (4) Youth Conservation Corps Act of 1970 (16 

25 U.S.C. 1701 et seq.). 

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1 (5) Section 821 of the Higher Education 

2 Amendments of 1998 (20 U.S.C. 1151) (Grants to 

3 States for workplace and community transition 

4 training for incarcerated individuals). 

5 (6) The Women in Apprenticeship and Non6 traditional Occupations Act (29 U.S.C. 2501 et 

7 seq.). 

8 (7) Sections 4103A and 4104 of title 38, 

9 United States Code. 

10 SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRON11 MENTAL RESPONSE, COMPENSATION, AND LI12 ABILITY ACT OF 1980. 

13 Section 104(k)(6) of the Comprehensive Environ14 mental Response, Compensation, and Liability Act of 

15 1980 (42 U.S.C. 9604) is amended by striking ‘‘, train16 ing,’’. 

17 SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT 

18 OF 2008. 

19 (a) DEFINITION.—Section 3(t) of the Food and Nu20 trition Act of 2008 (7 U.S.C. 2012(t)) is amended— 

21 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’, 

22 and 

23 (2) by inserting before the period at the end the 

24 following: 

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1 ‘‘, and (3) when referencing employment and training ac2 tivities under section 6(d)(4), a State board as defined in 

3 section 101 of the Workforce Investment Act of 1998 (29 

4 U.S.C. 2801)’’. 

5 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

6 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

7 (1) in subsection (d)(14) by striking ‘‘section 

8 6(d)(4)(I)’’ and inserting ‘‘section 6(d)(4)(C)’’, and 

9 (2) in subsection (g)(3) by striking ‘‘constitutes 

10 adequate participation in an employment and train11 ing program under section 6(d)’’ and inserting ‘‘al12 lows the individual to participate in employment and 

13 training activities under section 6(d)(4)’’. 

14 (c) ELIGIBILITY DISQUALIFICATIONS.—Section 

15 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 

16 2015(d)(4)) is amended to read as follows: 

17 ‘‘(4) EMPLOYMENT AND TRAINING.— 

18 ‘‘(A) IMPLEMENTATION.—Each State 

19 agency shall provide employment and training 

20 services authorized under section 134 of the 

21 Workforce Investment Act of 1998 (29 U.S.C. 

22 2864) to eligible members of households partici23 pating in the supplemental nutrition assistance 

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1 perience that will increase their ability to obtain 

2 regular employment. 

3 ‘‘(B) STATEWIDE WORKFORCE DEVELOP4 MENT SYSTEM.—Consistent with subparagraph 

5 (A), employment and training services shall be 

6 provided through the statewide workforce devel7 opment system, including the One-Stop delivery 

8 system, authorized by the Workforce Invest9 ment Act of 1998 (29 U.S.C. 2801 et seq.). 

10 ‘‘(C) REIMBURSEMENTS.— 

11 ‘‘(i) ACTUAL COSTS.—The State agen12 cy shall provide payments or reimburse13 ment to participants served under this 

14 paragraph for— 

15 ‘‘(I) the actual costs of transpor16 tation and other actual costs (other 

17 than dependent care costs) that are 

18 reasonably necessary and directly re19 lated to the individual participating in 

20 employment and training activities; 

21 and 

22 ‘‘(II) the actual costs of such de23 pendent care expenses that are deter24 mined by the State agency to be nec25 essary for the individual to participate 

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1 in employment and training activities 

2 (other than an individual who is the 

3 caretaker relative of a dependent in a 

4 family receiving benefits under part A 

5 of title IV of the Social Security Act 

6 (42 U.S.C. 601 et seq.) in a local area 

7 where an employment, training, or 

8 education program under title IV of 

9 such Act is in operation), except that 

10 no such payment or reimbursement 

11 shall exceed the applicable local mar12 ket rate. 

13 ‘‘(ii) SERVICE CONTRACTS AND

14 VOUCHERS.—In lieu of providing reim15 bursements or payments for dependent 

16 care expenses under clause (i), a State 

17 agency may, at its option, arrange for de18 pendent care through providers by the use 

19 of purchase of service contracts or vouch20 ers or by providing vouchers to the house21 hold. 

22 ‘‘(iii) VALUE OF REIMBURSEMENTS.— 

23 The value of any dependent care services 

24 provided for or arranged under clause (ii), 

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1 or any amount received as a payment or 

2 reimbursement under clause (i), shall— 

3 ‘‘(I) not be treated as income for 

4 the purposes of any other Federal or 

5 federally assisted program that bases 

6 eligibility for, or the amount of bene7 fits on, need; and 

8 ‘‘(II) not be claimed as an em9 ployment-related expense for the pur10 poses of the credit provided under sec11 tion 21 of the Internal Revenue Code 

12 of 1986 (26 U.S.C. 21).’’. 

13 (d) ADMINISTRATION.—Section 11(e)(19) of the 

14 Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) 

15 is amended to read as follows: 

16 ‘‘(19) the plans of the State agency for pro17 viding employment and training services under sec18 tion 6(d)(4);’’. 

19 (e) ADMINISTRATIVE COST-SHARING AND QUALITY

20 CONTROL.—Section 16(h) of the Food and Nutrition Act 

21 of 2008 (7 U.S.C. 2025) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A) by striking ‘‘carry 

24 out employment and training programs’’ and 

25 inserting ‘‘provide employment and training 

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1 services to eligible households under section 

2 6(d)(4)’’, and 

3 (B) in subparagraph (D) by striking ‘‘op4 erating an employment and training program’’ 

5 and inserting ‘‘providing employment and train6 ing services consistent with section 6(d)(4)’’, 

7 (2) in paragraph (3) by striking ‘‘related to 

8 participation in an employment and training pro9 gram’’ and inserting ‘‘the individual participating in 

10 employment and training activities’’, 

11 (3) in paragraph (4) by striking ‘‘for operating 

12 an employment and training program’’ and inserting 

13 ‘‘to provide employment and training services’’, and 

14 (4) by amending paragraph (5) to read as fol15 lows: 

16 ‘‘(5) MONITORING.—The Secretary, in conjunc17 tion with the Secretary of Labor, shall monitor each 

18 State agency responsible for administering employ19 ment and training services under section 6(d)(4) to 

20 ensure funds are being spent effectively and effi21 ciently. Each program of employment and training 

22 receiving funds under section 6(d)(4) shall be sub23 ject to the requirements of the performance account24 ability system, including having to meet the state 

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1 performance measures included in section 136 of the 

2 Workforce Investment Act (29 U.S.C. 2871).’’. 

3 (f) RESEARCH, DEMONSTRATION, AND EVALUA4 TIONS.—Section 17 of the Food and Nutrition Act of 

5 2008 (7 U.S.C. 2026) is amended— 

6 (1) in subsection (b) by striking paragraph (3), 

7 and 

8 (2) in subsection (g)— 

9 (A) by inserting ‘‘, in conjunction with the 

10 Secretary of Labor,’’ after ‘‘Secretary’’, and 

11 (B) by striking ‘‘programs established’’ 

12 and inserting ‘‘activities provided to eligible 

13 households’’. 

14 (g) MINNESOTA FAMILY INVESTMENT PROJECT.— 

15 Section 22(b)(4) of the Food and Nutrition Act of 2008 

16 (7 U.S.C. 2031(b)(4)) is amended by striking ‘‘equivalent 

17 to those offered under the employment and training pro18 gram’’. 

19 SEC. 404. AMENDMENTS TO SECTION 412 OF THE IMMIGRA20 TION AND NATIONALITY ACT. 

21 (a) CONDITIONS AND CONSIDERATIONS.—Section 

22 412(a) of the Immigration and Nationality Act (8 U.S.C. 

23 1522(a)) is amended— 

24 (1) in paragraph (1)— 

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

2 ‘‘make available sufficient resources for employ3 ment training and placement’’ and inserting 

4 ‘‘provide refugees with the opportunity to access 

5 employment and training services, including job 

6 placement,’’; and 

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

8 ‘‘services;’’ and inserting ‘‘services provided 

9 through the Workforce Investment Act of 1998 

10 (29 U.S.C. 2801 et seq.);’’; 

11 (2) in paragraph (2)(C)(iii)(II), by inserting 

12 ‘‘and training’’ after ‘‘employment’’; 

13 (3) in paragraph (6)(A)— 

14 (A) in clause (ii)— 

15 (i) by striking ‘‘insure’’ and inserting 

16 ‘‘ensure’’; 

17 (ii) by inserting ‘‘and training’’ after 

18 ‘‘employment’’; and 

19 (iii) by striking ‘‘assistance,’’ and in20 serting ‘‘assistance through the one-stop 

21 delivery system under section 121 of the 

22 Workforce Investment Act of 1998 (29 

23 U.S.C. 2841),’’; and 

24 (4) in paragraph (9), by inserting ‘‘the Sec25 retary of Labor,’’ after ‘‘Education,’’. 

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1 (b) PROGRAM OF INITIAL RESETTLEMENT.—Section 

2 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amend3 ed— 

4 (1) by striking ‘‘:orientation, instruction’’ and 

5 inserting ‘‘orientation and instruction’’; and 

6 (2) by striking ‘‘, and job training for refugees, 

7 and such other education and training of refugees, 

8 as facilitates’’ and inserting ‘‘for refugees to facili9 tate’’. 

10 (c) PROJECT GRANTS AND CONTRACTS FOR SERV11 ICES FOR REFUGEES.—Section 412(c) of such Act (8 

12 U.S.C. 1522(c)) is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A)(i), by inserting 

15 ‘‘and training’’ after ‘‘employment’’; and 

16 (B) by striking subparagraph (C); 

17 (2) in paragraph (2)(B), by striking ‘‘para18 graph—’’ through ‘‘in a manner’’ and inserting 

19 ‘‘paragraph in a manner’’; and 

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

21 ‘‘(3) In carrying out this section, the Director shall 

22 ensure that employment and training services are provided 

23 through the statewide workforce development system, as 

24 appropriate, authorized by the Workforce Investment Act 

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1 of 1998 (29 U.S.C. 2801 et seq.). Such action may in2 clude— 

3 ‘‘(A) making employment and training services 

4 as described under section 134 of such Act (29 

5 U.S.C. 2864) available to refugees; and 

6 ‘‘(B) providing refugees with access to a one7 stop delivery system under section 121 of such Act 

8 (29 U.S.C. 2841).’’. 

9 (d) CASH ASSISTANCE AND MEDICAL ASSISTANCE TO

10 REFUGEES.—Section 412(e) of such Act (8 U.S.C. 

11 1522(e)) is amended— 

12 (1) in paragraph (2)(A)(i), by inserting ‘‘and 

13 training’’ after ‘‘providing employment’’; and 

14 (2) in paragraph (3), by striking ‘‘The’’ and in15 serting ‘‘Consistent with subsection (c)(3), the’’. 

16 SEC. 405. AMENDMENTS RELATING TO THE SECOND 

17 CHANCE ACT OF 2007. 

18 (a) FEDERAL PRISONER REENTRY INITIATIVE.— 

19 Section 231 of the Second Chance Act of 2007 (42 U.S.C. 

20 17541) is amended— 

21 (1) in subsection (a)(1)(E)— 

22 (A) by inserting ‘‘the Department of Labor 

23 and’’ before ‘‘other Federal agencies’’; and 

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1 (B) by inserting ‘‘State and local work2 force investment boards,’’ after ‘‘community3 based organizations,’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (2), by striking at the 

6 end ‘‘and’’; 

7 (B) in paragraph (3), by striking at the 

8 end the period and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) to coordinate reentry programs with the 

12 employment and training services provided through 

13 the statewide workforce investment system under 

14 subtitle B of title I of the Workforce Investment Act 

15 of 1998 (29 U.S.C. 2811 et seq.).’’; and 

16 (3) in subsection (d), by adding at the end the 

17 following new paragraph: 

18 ‘‘(6) INTERACTION WITH THE WORKFORCE IN19 VESTMENT SYSTEM.— 

20 ‘‘(A) IN GENERAL.—In carrying out this 

21 section, the Director shall ensure that employ22 ment and training services, including such em23 ployment and services offered through reentry 

24 programs, are provided, as appropriate, through 

25 the statewide workforce investment system 

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1 under subtitle B of title I of the Workforce In2 vestment Act of 1998 (29 U.S.C. 2811 et seq.). 

3 Such action may include— 

4 ‘‘(i) making employment and training 

5 services available to prisoners prior to and 

6 immediately following the release of such 

7 prisoners; or 

8 ‘‘(ii) providing prisoners with access 

9 by remote means to a one-stop delivery 

10 system under section 121 of the Workforce 

11 Investment Act of 1998 (29 U.S.C. 2841) 

12 in the State in which the prison involved is 

13 located. 

14 ‘‘(B) SERVICE DEFINED.—In this para15 graph, the term ‘employment and training serv16 ices’ means those services described in section 

17 134 of the Workforce Investment Act of 1998 

18 (29 U.S.C. 2864) offered by the Bureau of 

19 Prisons, including— 

20 ‘‘(i) the skills assessment described in 

21 subsection (a)(1)(A); 

22 ‘‘(ii) the skills development plan de23 scribed in subsection (a)(1)(B); and 

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1 ‘‘(iii) the enhancement, development, 

2 and implementation of reentry and skills 

3 development programs.’’. 

4 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 

5 4042(a)(5)(E) of title 18, United States Code, is amend6 ed— 

7 (1) in clause (ii), by striking ‘‘Employment’’ 

8 and inserting ‘‘Employment and training services (as 

9 defined in paragraph (6) of section 231(d) of the 

10 Second Chance Act of 2007), including basic skills 

11 attainment, consistent with such paragraph’’; 

12 (2) by striking clause (iii); and 

13 (3) by redesignating clauses (iv), (v), (vi), and 

14 (vii) as clauses (iii), (iv), (v), and (vi), respectively. 

15 SEC. 406. AMENDMENTS TO THE OMNIBUS CRIME CONTROL 

16 AND SAFE STREETS ACT OF 1968. 

17 Section 2976 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3797w) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by striking ‘‘voca21 tional’’ and inserting ‘‘career and technical edu22 cation (as defined in section 3 of the Carl D. 

23 Perkins Career and Technical Education Act of 

24 2006 (20 U.S.C. 2302)) and training’’; 

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1 (B) by redesignating each of paragraphs 

2 (4) through (7) as paragraphs (5) through (8), 

3 respectively; and 

4 (C) by inserting after paragraph (3) the 

5 following new paragraph: 

6 ‘‘(4) coordinating employment and training 

7 services provided through the statewide workforce 

8 investment system under subtitle B of title I of the 

9 Workforce Investment Act of 1998 (29 U.S.C. 2811 

10 et seq.), including a one-stop delivery system under 

11 section 121 of such Act (29 U.S.C. 2841), for of12 fenders upon release from prison, jail, or a juvenile 

13 facility, as appropriate;’’; 

14 (2) in subsection (d)(2), by inserting ‘‘, includ15 ing local workforce investment boards established 

16 under section 117 of the Workforce Investment Act 

17 of 1998 (29 U.S.C. 2832),’’ after ‘‘nonprofit organi18 zations’’; 

19 (3) in subsection (e)— 

20 (A) in paragraph (3), by striking ‘‘victim 

21 services, and employment services’’ and insert22 ing ‘‘and victim services’’; 

23 (B) by redesignating paragraphs (4) and 

24 (5) as paragraphs (5) and (6), respectively; and 

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1 (C) by inserting after paragraph (3) the 

2 following new paragraph: 

3 ‘‘(4) provides employment and training services 

4 through the statewide workforce investment system 

5 under subtitle B of title I of the Workforce Invest6 ment Act of 1998 (29 U.S.C. 2811 et seq.), includ7 ing a one-stop delivery system under section 121 of 

8 such Act (29 U.S.C. 2841); and’’; 

9 (4) in subsection (k)— 

10 (A) in paragraph (1)(A), by inserting ‘‘, in 

11 accordance with paragraph (2)’’ after ‘‘under 

12 this section’’; 

13 (B) by redesignating paragraphs (2) and 

14 (3) as paragraphs (3) and (4), respectively; and 

15 (C) by inserting after paragraph (1) the 

16 following new paragraph: 

17 ‘‘(2) EMPLOYMENT AND TRAINING.—The Attor18 ney General shall require each grantee under this 

19 section to measure the core indicators of perform20 ance as described in section 136(b)(2)(A) of the 

21 Workforce Investment Act of 1998 (29 U.S.C. 

22 2871(b)(2)(A)) with respect to the program of such 

23 grantee funded with a grant under this section.’’. 

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1 SEC. 407. H–1B NONIMMIGRANT PETITIONER ACCOUNT. 

2 Section 286(s) of the Immigration and Nationality 

3 Act (8 U.S.C. 1356(s)) is amended— 

4 (1) by striking paragraph (2); 

5 (2) by redesignating paragraphs (3) and (4) as 

6 paragraphs (2) and (3), respectively; 

7 (3) in paragraph (2) (as so redesignated), by 

8 striking ‘‘30 percent’’ and inserting ‘‘50 percent’’; 

9 (4) in paragraph (3)(A) (as so redesignated), by 

10 striking ‘‘10 percent’’ and inserting ‘‘25 percent’’; 

11 (5) by inserting after paragraph (3) (as so re12 designated) the following: 

13 ‘‘(4) USE OF FEES FOR GIFTED AND TALENTED

14 STUDENT GRANT PROGRAMS.— 

15 ‘‘(A) IN GENERAL.—15 percent of the 

16 amounts deposited into the H–1B Non17 immigrant Petitioner Account shall be trans18 ferred to the Department of Education to re19 main available until expended to make grants to 

20 States, local educational agencies, and institu21 tions of higher education to carry out activities 

22 that build the capacity of elementary schools 

23 and secondary schools to meet the academic 

24 needs of gifted and talented students. 

25 ‘‘(B) APPLICATION.—To be eligible for a 

26 grant under this paragraph, a State, local edumstockstill on DSK4VPTVN1PROD with BILLS

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1 cational agency, or institution of higher edu2 cation shall submit an application to the Sec3 retary of Education at such time and in such 

4 manner as the Secretary of Education shall re5 quire. Such application shall describe how the 

6 State, local educational agency, or institution of 

7 higher education will— 

8 ‘‘(i) use funds received under this 

9 paragraph to meet the needs of gifted and 

10 talented students; and 

11 ‘‘(ii) coordinate funds received under 

12 this paragraph with funds received under 

13 other Federal education laws. 

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

15 this paragraph— 

16 ‘‘(i) the terms ‘State’, ‘local edu17 cational agency’, ‘elementary school’, and 

18 ‘secondary school’ have the meanings given 

19 such terms in section 9101 of the Elemen20 tary and Secondary Education Act of 

21 1965; and 

22 ‘‘(ii) the term ‘institution of higher 

23 education’ has the meaning given such 

24 term in section 102(a) of the Higher Edu25 cation Act of 1965.’’; and 

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1 (6) in paragraph (6)— 

2 (A) by striking ‘‘For fiscal year 1999,’’and 

3 all that follows through ‘‘Beginning with fiscal 

4 year 2000, 5 percent’’ and inserting ‘‘5 per5 cent’’; and 

6 (B) in the last sentence, by striking the pe7 riod at the end and inserting ‘‘and for carrying 

8 out the Secretary’s responsibilities under sec9 tion 212(n)(2).’’. 

10 SEC. 408. CONFORMING AMENDMENTS TO THE UNITED 

11 STATES CODE. 

12 Title 38, United States Code, is amended— 

13 (1) by striking the item relating to section 

14 4103A and section 4104 in the table of sections at 

15 the beginning of chapter 41 of such title; 

16 (2) in section 4102A— 

17 (A) in subsection (b)— 

18 (i) by striking paragraphs (5), (6), 

19 and (7); 

20 (ii) by redesignating paragraph (8) as 

21 paragraph (5); 

22 (B) by striking subsections (c) and (h); 

23 (C) by redesignating subsection (d), (e), 

24 (f), and (g) as subsection (c), (d), (e), and (f); 

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1 (D) in subsection (e)(1) (as so redesig2 nated)— 

3 (i) by striking ‘‘, including disabled 

4 veterans’ outreach program specialists and 

5 local veterans’ employment representatives 

6 providing employment, training, and place7 ment services under this chapter in a 

8 State’’; and 

9 (ii) by striking ‘‘for purposes of sub10 section (c)’’. 

11 (3) in section 4109(a), by striking ‘‘disabled 

12 veterans’ outreach program specialists, local vet13 erans’ employment representatives’’ and inserting 

14 ‘‘veteran employment specialists appointed under 

15 section 134(f) of the Workforce Investment Act of 

16 1998’’; 

17 (4) in section 4109(d)(1), by striking ‘‘disabled 

18 veterans’ outreach program specialists and local vet19 erans’ employment representatives’’ and inserting 

20 ‘‘veteran employment specialists appointed under 

21 section 134(f) of the Workforce Investment Act of 

22 1998’’; 

23 (5) in section 4112(d)— 

24 (A) in paragraph (1), by striking ‘‘disabled 

25 veterans’ outreach program specialist’’ and inmstockstill on DSK4VPTVN1PROD with BILLS

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1 serting ‘‘veteran employment specialist ap2 pointed under section 134(f) of the Workforce 

3 Investment Act of 1998’’; and 

4 (B) by striking paragraph (2) and redesig5 nating paragraph (3) as paragraph (2); 

6 (6) in section 3672(d)(1), by striking ‘‘disabled 

7 veterans’ outreach program specialists under section 

8 4103A’’ and inserting ‘‘veteran employment special9 ists appointed under section 134(f) of the Workforce 

10 Investment Act of 1998’’; and 

11 (7) in section 4104A— 

12 (A) in subsection (b)(1), by striking sub13 paragraph (A) and inserting the following: 

14 ‘‘(A) the appropriate veteran employment 

15 specialist (in carrying out the functions de16 scribed in section 134(f) of the Workforce In17 vestment Act of 1998);’’; and 

18 (B) in subsection (c)(1), by striking sub19 paragraph (A) and inserting the following: 

20 ‘‘(A) collaborate with the appropriate vet21 eran employment specialist (as described in sec22 tion 134(f)) and the appropriate State boards 

23 and local boards (as such terms are defined in 

24 section 101 of the Workforce Investment Act of 

25 1998 (29 U.S.C. 2801));’’. 

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1 SEC. 409. CONFORMING AMENDMENT TO TABLE OF CON2 TENTS. 

3 The table of contents in section 1(b) is amended to 

4 read as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 

‘‘Subtitle B—Statewide and Local Workforce Investment Systems 

‘‘Sec. 106. Purpose. 

‘‘CHAPTER 1—STATE PROVISIONS

‘‘Sec. 111. State workforce investment boards. 

‘‘Sec. 112. State plan. 

‘‘CHAPTER 2—LOCAL PROVISIONS

‘‘Sec. 116. Local workforce investment areas. 

‘‘Sec. 117. Local workforce investment boards. 

‘‘Sec. 118. Local plan. 

‘‘CHAPTER 3—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

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

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

‘‘Sec. 123. [Repealed]. 

‘‘CHAPTER 4—[REPEALED] 

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES

‘‘Sec. 131. General authorization. 

‘‘Sec. 132. State allotments. 

‘‘Sec. 133. Within State allocations. 

‘‘Sec. 134. Use of funds for employment and training activities. 

‘‘CHAPTER 6—GENERAL PROVISIONS

‘‘Sec. 136. Performance accountability system. 

‘‘Sec. 137. Authorization of appropriations. 

‘‘Subtitle C—Job Corps 

‘‘Sec. 141. Purposes. 

‘‘Sec. 142. Definitions. 

‘‘Sec. 143. Establishment. 

‘‘Sec. 144. Individuals eligible for the Job Corps. 

‘‘Sec. 145. Recruitment, screening, selection, and assignment of enrollees. 

‘‘Sec. 146. Enrollment. 

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‘‘Sec. 147. Job Corps centers. 

‘‘Sec. 148. Program activities. 

‘‘Sec. 149. Counseling and job placement. 

‘‘Sec. 150. Support. 

‘‘Sec. 151. Operations. 

‘‘Sec. 152. Standards of conduct. 

‘‘Sec. 153. Community participation. 

‘‘Sec. 154. Workforce councils. 

‘‘Sec. 155. [Repealed]. 

‘‘Sec. 156. Technical assistance to centers. 

‘‘Sec. 157. Application of provisions of Federal law. 

‘‘Sec. 158. Special provisions. 

‘‘Sec. 159. Management information. 

‘‘Sec. 160. General provisions. 

‘‘Sec. 161. Closure of low-performing Job Corps centers. 

‘‘Sec. 162. Reforms to remove political favoritism in the opening of new Job 

Corps centers. 

‘‘Subtitle D—National Programs 

‘‘Sec. 166. [Repealed]. 

‘‘Sec. 167. [Repealed]. 

‘‘Sec. 168. [Repealed]. 

‘‘Sec. 169. [Repealed]. 

‘‘Sec. 170. Technical assistance. 

‘‘Sec. 171. [Repealed]. 

‘‘Sec. 172. Evaluations. 

‘‘Sec. 173. [Repealed]. 

‘‘Sec. 173A. [Repealed]. 

‘‘Sec. 174. [Repealed]. 

‘‘Subtitle E—Administration 

‘‘Sec. 181. Requirements and restrictions. 

‘‘Sec. 182. Prompt allocation of funds. 

‘‘Sec. 183. Monitoring. 

‘‘Sec. 184. Fiscal controls; sanctions. 

‘‘Sec. 185. Reports; recordkeeping; investigations. 

‘‘Sec. 186. Administrative adjudication. 

‘‘Sec. 187. Judicial review. 

‘‘Sec. 188. Nondiscrimination. 

‘‘Sec. 189. Administrative provisions. 

‘‘Sec. 190. References. 

‘‘Sec. 191. State legislative authority. 

‘‘Sec. 192. [Repealed]. 

‘‘Sec. 193. Use of certain real property. 

‘‘Sec. 194. [Repealed]. 

‘‘Sec. 195. General program requirements. 

‘‘Sec. 196. Department Staff. 

‘‘Subtitle F—Repeals and Conforming Amendments 

‘‘Sec. 199. Repeals. 

‘‘Sec. 199A. Conforming amendments. 

‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

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‘‘Sec. 201. Short title. 

‘‘Sec. 202. Purpose. 

‘‘Sec. 203. Definitions. 

‘‘Sec. 204. Home schools. 

‘‘Sec. 205. Authorization of appropriations. 

‘‘Subtitle A—Federal Provisions 

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

‘‘Sec. 212. Performance accountability system. 

‘‘Subtitle B—State Provisions 

‘‘Sec. 221. State administration. 

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

‘‘Sec. 223. State leadership activities. 

‘‘Sec. 224. State plan. 

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

‘‘Subtitle C—Local Provisions 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 

‘‘Subtitle D—General Provisions 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National activities. 

‘‘TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES 

‘‘Subtitle A—Wagner-Peyser Act 

‘‘Sec. 301. Definitions. 

‘‘Sec. 302. Functions. 

‘‘Sec. 303. Designation of State agencies. 

‘‘Sec. 304. Appropriations. 

‘‘Sec. 305. Disposition of allotted funds. 

‘‘Sec. 306. State plans. 

‘‘Sec. 307. Repeal of Federal advisory council. 

‘‘Sec. 308. Regulations. 

‘‘Sec. 309. Employment statistics. 

‘‘Sec. 310. Technical amendments. 

‘‘Sec. 311. Effective date. 

‘‘Subtitle B—Linkages With Other Programs 

‘‘Sec. 321. Trade Act of 1974. 

‘‘Sec. 322. Veterans’ employment programs. 

‘‘Sec. 323. Older Americans Act of 1965. 

‘‘Subtitle C—Twenty-First Century Workforce Commission 

‘‘Sec. 331. Short title. 

‘‘Sec. 332. Findings. 

‘‘Sec. 333. Definitions. 

‘‘Sec. 334. Establishment of Twenty-First Century Workforce Commission. 

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‘‘Sec. 335. Duties of the Commission. 

‘‘Sec. 336. Powers of the Commission. 

‘‘Sec. 337. Commission personnel matters. 

‘‘Sec. 338. Termination of the Commission. 

‘‘Sec. 339. Authorization of appropriations. 

‘‘Subtitle D—Application of Civil Rights and Labor-Management Laws to the 

Smithsonian Institution 

‘‘Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. 

‘‘TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 

‘‘Sec. 401. Short title. 

‘‘Sec. 402. Title. 

‘‘Sec. 403. General provisions. 

‘‘Sec. 404. Vocational rehabilitation services. 

‘‘Sec. 405. Research and training. 

‘‘Sec. 406. Professional development and special projects and demonstrations. 

‘‘Sec. 407. National Council on Disability. 

‘‘Sec. 408. Rights and advocacy. 

‘‘Sec. 409. Employment opportunities for individuals with disabilities. 

‘‘Sec. 410. Independent living services and centers for independent living. 

‘‘Sec. 411. Repeal. 

‘‘Sec. 412. Helen Keller National Center Act. 

‘‘Sec. 413. President’s Committee on Employment of People With Disabilities. 

‘‘Sec. 414. Conforming amendments. 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘Sec. 501. State unified plan. 

‘‘Sec. 502. [Repealed]. 

‘‘Sec. 503. [Repealed]. 

‘‘Sec. 504. Privacy. 

‘‘Sec. 505. Buy-American requirements. 

‘‘Sec. 506. [Repealed]. 

‘‘Sec. 507. Effective date.’’. 

1 TITLE V—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 SEC. 501. FINDINGS. 

4 Section 2(a) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 701(a)) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 

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1 (2) in paragraph (6), by striking the period and 

2 inserting ‘‘; and’’; and 

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

4 ‘‘(7) there is a substantial need to improve and 

5 expand services for students with disabilities under 

6 this Act.’’. 

7 SEC. 502. REHABILITATION SERVICES ADMINISTRATION. 

8 (a) REHABILITATION SERVICES ADMINISTRATION.— 

9 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

10 is amended— 

11 (1) in section 3(a) (29 U.S.C. 702(a))— 

12 (A) by striking ‘‘Office of the Secretary’’ 

13 and inserting ‘‘Department of Education’’; 

14 (B) by striking ‘‘President by and with the 

15 advice and consent of the Senate’’ and inserting 

16 ‘‘Secretary’’; and 

17 (C) by striking ‘‘, and the Commissioner 

18 shall be the principal officer,’’; 

19 (2) by striking ‘‘Commissioner’’ each place it 

20 appears (except in section 21) and inserting ‘‘Direc21 tor’’; 

22 (3) in section 12(c) (29 U.S.C. 709), by strik23 ing ‘‘Commissioner’s’’ and inserting ‘‘Director’s’’; 

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1 (4) in the heading for subparagraph (B) of sec2 tion 100(d)(2), by striking ‘‘COMMISSIONER’’ and in3 serting ‘‘DIRECTOR’’; 

4 (5) in the heading for section 706, by striking 

5 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 

6 (6) in the heading for paragraph (3) of section 

7 723(a), by striking ‘‘COMMISSIONER’’ and inserting 

8 ‘‘DIRECTOR’’; and 

9 (7) in section 21 (29 U.S.C. 718)— 

10 (A) in subsection (b)(1)— 

11 (i) by striking ‘‘Commissioner’’ the 

12 first place it appears and inserting ‘‘Direc13 tor of the Rehabilitation Services Adminis14 tration’’; 

15 (ii) by striking ‘‘(referred to in this 

16 subsection as the ‘Director’)’’; and 

17 (iii) by striking ‘‘The Commissioner 

18 and the Director’’ and inserting ‘‘Both 

19 such Directors’’; and 

20 (B) by striking ‘‘the Commissioner and the 

21 Director’’ each place it appears and inserting 

22 ‘‘both such Directors’’. 

23 (b) EFFECTIVE DATE; APPLICATION.—The amend24 ments made by subsection (a) shall— 

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1 (1) take effect on the date of the enactment of 

2 this Act; and 

3 (2) apply with respect to the appointments of 

4 Directors of the Rehabilitation Services Administra5 tion made on or after the date of enactment of this 

6 Act, and the Directors so appointed. 

7 SEC. 503. DEFINITIONS. 

8 Section 7 of the Rehabilitation Act of 1973 (29 

9 U.S.C. 705) is amended— 

10 (1) by redesignating paragraphs (35) through 

11 (39) as paragraphs (36) through (40), respectively; 

12 (2) in subparagraph (A)(ii) of paragraph (36) 

13 (as redesignated by paragraph (1)), by striking 

14 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

15 (37)(C)’’; and 

16 (3) by inserting after paragraph (34) the fol17 lowing: 

18 ‘‘(35)(A) The term ‘student with a disability’ 

19 means an individual with a disability who— 

20 ‘‘(i) is not younger than 16 and not 

21 older than 21; 

22 ‘‘(ii) has been determined to be eligi23 ble under section 102(a) for assistance 

24 under this title; and 

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1 ‘‘(iii)(I) is eligible for, and is receiv2 ing, special education under part B of the 

3 Individuals with Disabilities Education Act 

4 (20 U.S.C. 1411 et seq.); or 

5 ‘‘(II) is an individual with a disability, 

6 for purposes of section 504. 

7 ‘‘(B) The term ‘students with disabilities’ 

8 means more than 1 student with a disability.’’. 

9 SEC. 504. STATE PLAN. 

10 Section 101(a) of the Rehabilitation Act of 1973 (29 

11 U.S.C. 721(a)) is amended— 

12 (1) in paragraph (10)(B) by striking ‘‘on the el13 igible individuals’’ and all that follows through ‘‘sec14 tion 136(d)(2)’’ and inserting ‘‘of information nec15 essary to assess the State’s performance on the core 

16 indicators of performance described in section 

17 136(b)(2)(A)’’; 

18 (2) in paragraph (11)— 

19 (A) in subparagraph (D)(i), by inserting 

20 before the semicolon the following: ‘‘, which 

21 may be provided using alternative means of 

22 meeting participation (such as video conferences 

23 and conference calls)’’; and 

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

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1 ‘‘(G) COORDINATION WITH ASSISTIVE

2 TECHNOLOGY PROGRAMS.—The State plan shall 

3 include an assurance that the designated State 

4 unit and the lead agency or implementing entity 

5 responsible for carrying out duties under the 

6 Assistive Technology Act of 1998 (29 U.S.C. 

7 3001 et seq.) have developed working relation8 ships and coordinate their activities.’’; 

9 (3) in paragraph (15)— 

10 (A) in subparagraph (A)— 

11 (i) in clause (i)— 

12 (I) in subclause (II), by striking 

13 ‘‘and’’ at the end; 

14 (II) in subclause (III), by adding 

15 ‘‘and’’ at the end; and 

16 (III) by adding at the end the 

17 following: 

18 ‘‘(IV) students with disabilities, 

19 including their need for transition 

20 services;’’; 

21 (ii) by redesignating clauses (ii) and 

22 (iii) as clauses (iii) and (iv), respectively; 

23 and 

24 (iii) by inserting after clause (i) the 

25 following: 

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1 ‘‘(ii) include an assessment of the 

2 transition services provided under this Act, 

3 and coordinated with transition services 

4 under the Individuals with Disabilities 

5 Education Act, as to those services meet6 ing the needs of individuals with disabil7 ities;’’; and 

8 (B) in subparagraph (D)— 

9 (i) by redesignating clauses (iii), (iv), 

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

12 (ii) by inserting after clause (ii) the 

13 following: 

14 ‘‘(iii) the methods to be used to im15 prove and expand vocational rehabilitation 

16 services for students with disabilities, in17 cluding the coordination of services de18 signed to facilitate the transition of such 

19 students from the receipt of educational 

20 services in school to the receipt of voca21 tional rehabilitation services under this 

22 title or to postsecondary education or em23 ployment;’’; 

24 (4) in paragraph (22)— 

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1 (A) by striking ‘‘carrying out part B of 

2 title VI, including’’; and 

3 (B) by striking ‘‘that part to supplement 

4 funds made available under part B of’’; 

5 (5) in paragraph (24)(A), by striking ‘‘part A 

6 of title VI’’ and inserting ‘‘section 109A’’; and 

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

8 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

9 State plan shall describe how the designated State 

10 agency will carry out the provisions of section 109A, 

11 including— 

12 ‘‘(A) the criteria such agency will use to 

13 award grants under such section; and 

14 ‘‘(B) how the activities carried out under 

15 such grants will be coordinated with other serv16 ices provided under this title. 

17 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL18 ITIES.—The State plan shall provide an assurance 

19 satisfactory to the Secretary that the State— 

20 ‘‘(A) has developed and implemented strat21 egies to address the needs identified in the as22 sessment described in paragraph (15), and 

23 achieve the goals and priorities identified by the 

24 State, to improve and expand vocational reha25 bilitation services for students with disabilities 

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1 on a statewide basis in accordance with para2 graph (15); and 

3 ‘‘(B) from funds reserved under section 

4 110A, shall carry out programs or activities de5 signed to improve and expand vocational reha6 bilitation services for students with disabilities 

7 that— 

8 ‘‘(i) facilitate the transition of stu9 dents with disabilities from the receipt of 

10 educational services in school, to the re11 ceipt of vocational rehabilitation services 

12 under this title, including, at a minimum, 

13 those services specified in the interagency 

14 agreement required in paragraph (11)(D); 

15 ‘‘(ii) improve the achievement of post16 school goals of students with disabilities, 

17 including improving the achievement 

18 through participation (as appropriate when 

19 career goals are discussed) in meetings re20 garding individualized education programs 

21 developed under section 614 of the Individ22 uals with Disabilities Education Act (20 

23 U.S.C. 1414); 

24 ‘‘(iii) provide career guidance, career 

25 exploration services, job search skills and 

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1 strategies, and technical assistance to stu2 dents with disabilities; 

3 ‘‘(iv) support the provision of training 

4 and technical assistance to State and local 

5 educational agencies and designated State 

6 agency personnel responsible for the plan7 ning and provision of services to students 

8 with disabilities; and 

9 ‘‘(v) support outreach activities to stu10 dents with disabilities who are eligible for, 

11 and need, services under this title.’’. 

12 SEC. 505. SCOPE OF SERVICES. 

13 Section 103 of the Rehabilitation Act of 1973 (29 

14 U.S.C. 723) is amended— 

15 (1) in subsection (a), by striking paragraph 

16 (15) and inserting the following: 

17 ‘‘(15) transition services for students with dis18 abilities, that facilitate the achievement of the em19 ployment outcome identified in the individualized 

20 plan for employment, including services described in 

21 clauses (i) through (iii) of section 101(a)(26)(B);’’; 

22 (2) in subsection (b), by striking paragraph (6) 

23 and inserting the following: 

24 ‘‘(6)(A)(i) Consultation and technical assistance 

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1 cies in planning for the transition of students with 

2 disabilities from school to post-school activities, in3 cluding employment. 

4 ‘‘(ii) Training and technical assistance de5 scribed in section 101(a)(26)(B)(iv). 

6 ‘‘(B) Services for groups of individuals with dis7 abilities who meet the requirements of clauses (i) 

8 and (iii) of section 7(35)(A), including services de9 scribed in clauses (i), (ii), (iii), and (v) of section 

10 101(a)(26)(B), to assist in the transition from 

11 school to post-school activities.’’; and 

12 (3) in subsection (b) by inserting at the end, 

13 the following: 

14 ‘‘(7) The establishment, development, or im15 provement of assistive technology demonstration, 

16 loan, reutilization, or financing programs in coordi17 nation with activities authorized under the Assistive 

18 Technology Act of 1998 (29 U.S.C. 3001) to pro19 mote access to assistive technology for individuals 

20 with disabilities and employers.’’. 

21 SEC. 506. STANDARDS AND INDICATORS. 

22 Section 106 of the Rehabilitation Act of 1973 (29 

23 U.S.C. 726(a)) is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following: 

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1 ‘‘(a) STANDARDS AND INDICATORS.—The perform2 ance standards and indicators for the vocational rehabili3 tation program carried out under this title— 

4 ‘‘(1) shall be subject to paragraphs (2)(A) and 

5 (3) of section 136(b) of the Workforce Investment 

6 Act of 1998; and 

7 ‘‘(2) may, at a State’s discretion, include addi8 tional indicators identified in the State plan sub9 mitted under section 101.’’; and 

10 (2) in subsection (b)(2)(B), by striking clause 

11 (i) and inserting the following: 

12 ‘‘(i) on a biannual basis, review the 

13 program improvement efforts of the State 

14 and, if the State has not improved its per15 formance to acceptable levels, as deter16 mined by the Director, direct the State to 

17 make revisions to the plan to improve per18 formance; and’’. 

19 SEC. 507. COLLABORATION WITH INDUSTRY. 

20 The Rehabilitation Act of 1973 is amended by insert21 ing after section 109 (29 U.S.C. 729) the following: 

22 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

23 ‘‘(a) AUTHORITY.—A State shall use not less than 

24 one-half of one percent of the payment the State receives 

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1 ble entities to create practical job and career readiness and 

2 training programs, and to provide job placements and ca3 reer advancement. 

4 ‘‘(b) APPLICATION.—To receive a grant under this 

5 section, an eligible entity shall submit an application to 

6 a designated State agency at such time, in such manner, 

7 and containing such information as such agency shall re8 quire. Such application shall include, at a minimum— 

9 ‘‘(1) a plan for evaluating the effectiveness of 

10 the program; 

11 ‘‘(2) a plan for collecting and reporting the 

12 data and information described under subparagraphs 

13 (A) through (C) of section 101(a)(10), as deter14 mined appropriate by the designated State agency; 

15 and 

16 ‘‘(3) a plan for providing for the non-Federal 

17 share of the costs of the program. 

18 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

19 under this section shall use the grant funds to carry out 

20 a program that provides one or more of the following: 

21 ‘‘(1) Job development, job placement, and ca22 reer advancement services for individuals with dis23 abilities. 

24 ‘‘(2) Training in realistic work settings in order 

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1 ment and career advancement in the competitive 

2 market. 

3 ‘‘(3) Providing individuals with disabilities with 

4 such support services as may be required in order to 

5 maintain the employment and career advancement 

6 for which the individuals have received training. 

7 ‘‘(d) AWARDS.—Grants under this section shall— 

8 ‘‘(1) be awarded for a period not to exceed 5 

9 years; and 

10 ‘‘(2) be awarded competitively. 

11 ‘‘(e) ELIGIBLE ENTITY DEFINED.—For the purposes 

12 of this section, the term ‘eligible entity’ means a for-profit 

13 business, alone or in partnership with one or more of the 

14 following: 

15 ‘‘(1) Community rehabilitation program pro16 viders. 

17 ‘‘(2) Indian tribes. 

18 ‘‘(3) Tribal organizations. 

19 ‘‘(f) FEDERAL SHARE.—The Federal share of a pro20 gram under this section shall not exceed 80 percent of the 

21 costs of the program. 

22 ‘‘(g) ELIGIBILITY FOR SERVICES.—An individual 

23 shall be eligible for services provided under a program 

24 under this section if the individual is determined under 

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1 section 102(a)(1) to be eligible for assistance under this 

2 title.’’. 

3 SEC. 508. RESERVATION FOR EXPANDED TRANSITION 

4 SERVICES. 

5 The Rehabilitation Act of 1973 is amended by insert6 ing after section 110 (29 U.S.C. 730) the following: 

7 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

8 SERVICES. 

9 ‘‘Each State shall reserve not less than 10 percent 

10 of the funds allotted to the State under section 110(a) 

11 to carry out programs and activities under sections 

12 101(a)(26)(B) and 103(b)(6).’’. 

13 SEC. 509. CLIENT ASSISTANCE PROGRAM. 

14 Section 112(e)(1) of the Rehabilitation Act of 1973 

15 (29 U.S.C. 732(e)(1)) is amended by redesignating sub16 paragraph (D) as subparagraph (E) and inserting after 

17 subparagraph (C) the following: 

18 ‘‘(D) The Secretary shall make grants to 

19 the protection and advocacy system serving the 

20 American Indian Consortium to provide services 

21 in accordance with this section. The amount of 

22 such grants shall be the same as provided to 

23 territories under this subsection.’’. 

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1 SEC. 510. TITLE III AMENDMENTS. 

2 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

3 771 et seq.) is amended— 

4 (1) in section 301(a)— 

5 (A) in paragraph (2), by inserting ‘‘and’’ 

6 at the end; 

7 (B) by striking paragraphs (3) and (4); 

8 and 

9 (C) by redesignating paragraph (5) as 

10 paragraph (3); 

11 (2) in section 302(g)— 

12 (A) in the heading, by striking ‘‘AND IN13 SERVICE TRAINING’’; and 

14 (B) by striking paragraph (3); 

15 (3) in section 303(c)— 

16 (A) in paragraph (4)— 

17 (i) by amending subparagraph (A)(ii) 

18 to read as follows: 

19 ‘‘(ii) to coordinate and work closely 

20 with the parent training and information 

21 centers established pursuant to section 671 

22 of the Individuals with Disabilities Edu23 cation Act, the community parent resource 

24 centers established pursuant to section 672 

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1 ing awards under section 673 of such Act; 

2 and’’; and 

3 (ii) in subparagraph (C), by inserting 

4 ‘‘, and demonstrate the capacity for serv5 ing,’’ after ‘‘serve’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(8) RESERVATION.—From the amount appro8 priated to carry out this subsection for a fiscal year, 

9 20 percent of such amount or $500,000, whichever 

10 is less, shall be reserved to carry out paragraph 

11 (6).’’; 

12 (4) by striking sections 304 and 305; and 

13 (5) by redesignating section 306 as section 304. 

14 SEC. 511. REPEAL OF TITLE VI. 

15 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

16 seq.) is amended by repealing title VI. 

17 SEC. 512. CHAIRPERSON. 

18 Section 705(b)(5) of the Rehabilitation Act of 1973 

19 (29 U.S.C. 796d(b)(5)) is amended to read as follows: 

20 ‘‘(5) CHAIRPERSON.—The Council shall select a 

21 chairperson from among the voting membership of 

22 the Council.’’. 

23 SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS. 

24 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

25 seq.) is further amended— 

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1 (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), 

2 by striking ‘‘such sums as may be necessary for fis3 cal years 1999 through 2003’’ and inserting 

4 ‘‘$3,121,712,000 for fiscal year 2014 and each of 

5 the 6 succeeding fiscal years’’; 

6 (2) in section 110(c) (29 U.S.C. 730(c)), by 

7 amending paragraph (2) to read as follows: 

8 ‘‘(2) The sum referred to in paragraph (1) shall 

9 be, as determined by the Secretary, not less than 1 

10 percent and not more than 1.5 percent of the 

11 amount referred to in paragraph (1) for each of fis12 cal years 2014 through 2020.’’; 

13 (3) in section 112(h) (29 U.S.C. 732(h)) by 

14 striking ‘‘such sums as may be necessary for fiscal 

15 years 1999 through 2003’’ and inserting 

16 ‘‘$12,240,000 for fiscal year 2014 and each of the 

17 6 succeeding fiscal years’’; 

18 (4) by amending subsection (a) of section 201 

19 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) There 

20 are authorized to be appropriated $108,817,000 for 

21 fiscal year 2014 and each of the 6 succeeding fiscal 

22 years to carry out this title.’’; 

23 (5) in section 302(i) (29 U.S.C. 772(i)) by 

24 striking ‘‘such sums as may be necessary for each of 

25 the fiscal years 1999 through 2003’’ and inserting 

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1 ‘‘$35,515,000 for fiscal year 2014 and each of the 

2 6 succeeding fiscal years’’; 

3 (6) in section 303(e) (29 U.S.C. 773(e)) by 

4 striking ‘‘such sums as may be necessary for each of 

5 the fiscal years 1999 through 2003’’ and inserting 

6 ‘‘$5,325,000 for fiscal year 2014 and each of the 6 

7 succeeding fiscal years’’; 

8 (7) in section 405 (29 U.S.C. 785) by striking 

9 ‘‘such sums as may be necessary for each of the fis10 cal years 1999 through 2003’’ and inserting 

11 ‘‘$3,258,000 for fiscal year 2014 and each of the 6 

12 succeeding fiscal years’’; 

13 (8) in section 502(j) (29 U.S.C. 792(j)) by 

14 striking ‘‘such sums as may be necessary for each of 

15 the fiscal years 1999 through 2003’’ and inserting 

16 ‘‘$7,400,000 for fiscal year 2014 and each of the 6 

17 succeeding fiscal years’’; 

18 (9) in section 509(l) (29 U.S.C. 794e(l)) by 

19 striking ‘‘such sums as may be necessary for each of 

20 the fiscal years 1999 through 2003’’ and inserting 

21 ‘‘$18,031,000 for fiscal year 2014 and each of the 

22 6 succeeding fiscal years’’; 

23 (10) in section 714 (29 U.S.C. 796e–3), by 

24 striking ‘‘such sums as may be necessary for each of 

25 the fiscal years 1999 through 2003’’ and inserting 

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1 ‘‘$23,359,000 for fiscal year 2014 and each of the 

2 6 succeeding fiscal years’’; 

3 (11) in section 727 (29 U.S.C. 796f–6), by 

4 striking ‘‘such sums as may be necessary for each of 

5 the fiscal years 1999 through 2003’’ and inserting 

6 ‘‘$79,953,000 for fiscal year 2014 and each of the 

7 6 succeeding fiscal years’’; and 

8 (12) in section 753 (29 U.S.C. 7961), by strik9 ing ‘‘such sums as may be necessary for each of the 

10 fiscal years 1999 through 2003’’ and inserting 

11 ‘‘$34,018,000 for fiscal year 2014 and each of the 

12 6 succeeding fiscal years’’. 

13 SEC. 514. CONFORMING AMENDMENTS. 

14 Section 1(b) of the Rehabilitation Act of 1973 is 

15 amended— 

16 (1) by inserting after the item relating to sec17 tion 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

18 (2) by inserting after the item relating to sec19 tion 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 

20 (3) by striking the item related to section 304 

21 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

22 (4) by striking the items related to sections 305 

23 and 306; and 

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1 (5) by striking the items related to title VI. 

Æ 

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