SKILLS Act

To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century, and for other purposes. 1. Short title This Act may be cited as the SKILLS Act Supporting Knowledge and Investing in Lifelong Skills Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Application to fiscal years. 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. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. TITLE II—Adult Education and Family Literacy Education Sec. 201. Amendment. TITLE III—Amendments to the Wagner-Peyser Act Sec. 301. Amendments to the Wagner-Peyser Act. TITLE IV—Repeals and Conforming Amendments Sec. 401. Repeals. Sec. 402. Amendment to other laws. Sec. 403. 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. Carryover. Sec. 505. Traditionally underserved populations. Sec. 506. State plan. Sec. 507. Scope of services. Sec. 508. Standards and indicators. Sec. 509. Expenditure of certain amounts. Sec. 510. Collaboration with industry. Sec. 511. Reservation for expanded transition services. Sec. 512. Client assistance program. Sec. 513. Research. Sec. 514. Title III amendments. Sec. 515. Repeal of title VI. Sec. 516. Title VII general provisions. Sec. 517. Authorizations of appropriations. Sec. 518. Conforming amendments. TITLE VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. 4. Application to fiscal years Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to fiscal year 2015 and succeeding fiscal years. I Amendments to the Workforce Investment Act of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 (1) by striking paragraph (2) and inserting the following: (2) Adult education and family literacy education activities The term adult education and family literacy education activities ; (2) by striking paragraphs (13) and (24); (3) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (4) by striking paragraphs (52) and (53); (5) by inserting after In this title: (1) Accrued expenditures The term accrued expenditures (A) charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; (B) charges incurred for services performed by employees, contractors, subgrantees, subcontractors, and other payees; and (C) other amounts becoming owed, under programs assisted under this title, for which no current services or performance is required, such as amounts for annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs ; (6) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the The (7) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school ; (8) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) 8th grade level (9) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training a significant portion of the cost of training, as determined by the local board involved (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board or Governor, respectively, determines to be appropriate (10) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) section 121(e) (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) 134(c)(4) (ii) by striking intensive services described in section 134(d)(3) work ready services described in section 134(c)(2) (C) in subparagraph (C), by striking or (D) in subparagraph (D), by striking the period and inserting ; or (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) ; (11) in paragraph (12)(A) (as redesignated)— (A) by striking and or (B) by striking (A) (A)(i) (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (12) in paragraph (13) (as so redesignated), by inserting or regional local (13) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) section 122 (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C); (14) in paragraph (15) (as so redesignated), by striking adult or dislocated worker individual (15) in paragraph (20), by striking The Subject to section 116(a)(1)(E), the (16) in paragraph (25)— (A) in subparagraph (B), by striking higher of— poverty line for an equivalent period; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (17) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, (18) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. ; (19) in paragraph (38), by striking 134(a)(1)(A) 134(a)(1)(B) (20) in paragraph (41), by striking , and the term means such Secretary for purposes of section 503 (21) in paragraph (43), by striking clause (iii) or (v) of section 136(b)(3)(A) section 136(b)(3)(A)(iii) (22) by amending paragraph (49) to read as follows: (49) Veteran The term veteran ; (23) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education ; (24) in paragraph (51), by striking , and a youth activity (25) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) A secondary school dropout. (ii) A youth in foster care (including youth aging out of foster care). (iii) A youth offender. (iv) A youth who is an individual with a disability. (v) A migrant youth. (53) Industry or sector partnership The term industry or sector partnership (A) a State board or local board; and (B) one or more industry or sector organizations, and other entities, that have the capability to help the State board or local board determine the immediate and long-term skilled workforce needs of in-demand industries or sectors and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential (55) Pay-for-performance contract strategy The term pay-for-performance contract strategy (A) the core indicators of performance described in subclauses (I) through (IV) and (VI) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed-to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider, which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of providing the activities for a program participant who has not achieved those levels, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). (56) Recognized postsecondary credential The term recognized postsecondary credential (57) Registered apprenticeship program The term registered apprenticeship program . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of taxpayer funds. 103. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) section 117(b)(2)(A) (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 ; (2) in subsection (c), by striking (b)(1)(C)(i) (b)(1)(B)(i) (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, the State board shall develop a State plan. (2) Statewide workforce development system The State board shall review and develop statewide policies and programs in the State in a manner that supports a comprehensive statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional amounts for additional activities or programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system The State board shall develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) (4) Employer engagement The State board shall develop strategies, across local areas, that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas The State board shall designate local areas as required under section 116. (6) One-stop delivery system The State board shall identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight The State board shall conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures The State board shall develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken vote (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and on a regular basis through 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or (B) by striking 5-year strategy 3-year strategy (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training services providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training services relate to in-demand industries and other occupations important to the State economy; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of and an assurance regarding common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) an assurance that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within 1 year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, (E) in paragraph (11), by striking under sections 127 and 132 under section 132 (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) 111(e) (I) in paragraph (13) (as so redesignated), by striking 134(c) 121(e) (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) 116(a)(3) (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii)— (aa) by striking to dislocated workers (bb) by inserting and additional assistance rapid response activities (II) in clause (iii), by striking 134(d)(4) 134(c)(4) (III) by striking and (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ; and (ii) in subparagraph (B), by striking to the extent practicable in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across a targeted cluster of multiple firms for a range of workers employed or potentially employed by the industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; and (C) to address critical skill gaps within and across industries and sectors; (19) a description of how the State will utilize technology, to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided by the State for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with nonprofit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the costs of infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veterans population to be served in the State. ; (3) in subsection (c), by striking period, that— period, that the plan is inconsistent with the provisions of this title. (4) in subsection (d), by striking 5-year 3-year 105. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce development system developed under section 111(d)(2), enabling the system to meet the workforce needs of the State and its local areas; (ii) include consultation, prior to the designation, with chief elected officials; (iii) include consideration of comments received on the designation through the public comment process as described in section 112(b)(9); and (iv) require the submission of an application for approval under subparagraph (B). (B) Application To obtain designation of a local area under this paragraph, a local or regional board (or consortia of local or regional boards) seeking to take responsibility for the area under this Act shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas (as determined by the State); (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area and available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to an area proposed by an applicant demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an area proposed by an applicant as a local area under this paragraph for a period not to exceed 3 years. (E) References For purposes of this Act, a reference to a local area— (i) used with respect to a geographic area, refers to an area designated under this paragraph; and (ii) used with respect to an entity, refers to the applicant. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) (1) (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. (B) in paragraph (2), by striking employment statistics workforce and labor market information 106. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— representatives include representatives (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) the superintendent or other employee of the local educational agency who has primary responsibility for secondary education, the presidents or chief executive officers of postsecondary educational institutions (including a community college, where such an entity exists), or administrators of local entities providing adult education and family literacy education activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority A 2/3 (ii) by striking (2)(A)(i) (2)(A) (C) in paragraph (5), by striking (2)(A)(i) (2)(A) (2) in subsection (c)— (A) in paragraph (1), by striking subparagraph (C); and (B) in paragraph (3)(A)(ii), by striking paragraphs (1) through (7) paragraphs (1) through (8) (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (B) Existing analysis In carrying out requirements of subparagraph (A)(i), a local board shall use an existing analysis, if any, by the local economic development entity or related entity. (3) Employer engagement The local board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (ii) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in clause (i). (iii) Disbursal The local grant recipient or an entity designated under clause (ii) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under clause (ii) shall disburse the funds immediately on receiving such direction from the local board. (C) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (D) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcomes of such eligible providers using the criteria under section 122(b)(2), and designate such eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the program year following the review. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system, in the local area, authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including access in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and regular basis through (B) by striking and the award of grants or contracts to eligible providers of youth activities, (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) section 134(c)(4) (B) by striking paragraph (2) and inserting the following: (2) Work ready services; designation or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken vote (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year 3-year (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under subclauses (I) through (IV) of section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services described in section 117(d)(8) and provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the targeted industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries and sectors; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide workforce investment activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community, and with transition services (as defined under section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration into the workplace; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (11) an identification of the entity responsible for the disbursal of grant funds described in section 117(d)(4)(B)(iii), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the one-stop career system described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily completed related training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; and (3) in subsection (c)— (A) in paragraph (1), by striking such means electronic means and such means (B) in paragraph (2), by striking , including representatives of business and representatives of labor organizations, 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through a one-stop delivery system to the program or activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program or activities of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program or activities of the entity to maintain the one-stop delivery system, including payment of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop delivery system, that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (ii), as so redesignated, by striking adult education and literacy activities adult education and family literacy education activities (v) in clause (viii), as so redesignated, by striking and (vi) in clause (ix), as so redesignated, by striking the period and inserting ; and (vii) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall be considered to be a one-stop partner under this title and carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such an entity shall not be considered to be such a partner and shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) section 134(c)(2) (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for training for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services under the memorandum; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification Local designation and certification (B) in paragraph (2)— (i) by striking section 134(c) subsection (e) (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational career and technical (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in paragraph (4) of section 134(c), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b); and (E) provide access to the data and information described in subparagraphs (A) and (B) of section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification of a one-stop center under this subsection shall include— (i) meeting the expected levels of performance for each of the corresponding core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the center, involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the center ensures that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop, for certification referred to in paragraph (1)(A), additional criteria or higher standards on the criteria referred to in paragraph (1)(B) to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), for a fiscal year shall be provided to the Governor by such partners to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers in the State by each such partner, the costs of administration for purposes not related to one-stop centers for each such partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and family literacy education activities authorized under title II and for postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the determination described in clause (i) with respect to the corresponding 2 programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) and subparagraph (A) to appeal a determination regarding the portion of funds to be provided under this paragraph on the basis that such determination is inconsistent with the requirements described in the State plan for the program or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by a one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such program that may be used for administration. (ii) Federal direct spending programs (I) In general A program that provides Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide more than the maximum amount determined under subclause (II). (II) Maximum amount The maximum amount for the program is the amount that bears the same relationship to the costs referred to in paragraph (2) for the State as the use of the one-stop centers by such program bears to the use of such centers by all one-stop partner programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas. The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in a local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure (i) Other funds (1) In general In addition to the funds provided under subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such 2 types of programs, shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved. Such portion shall be used to pay for costs including— (A) costs of infrastructure (as defined in subsection (h)) that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure (as so defined); and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and standards The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide standards to facilitate the determination of appropriate allocation of the funds and noncash resources to local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services and be included on the list of eligible providers of training services described in subsection (d). (2) Providers Subject to the provisions of this section, to be eligible to receive the funds and be included on the list, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this subsection to be eligible to receive the funds and be included on the list. A provider described in paragraph (2)(B) shall be eligible to receive the funds and be included on the list with respect to programs described in paragraph (2)(B) for so long as the provider remains certified by the Secretary of Labor to carry out the programs. (b) Criteria (1) In general The criteria established by the Governor pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136, measures for other matters for which information is required under paragraph (2), and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to in-demand industries or occupations important to the local economy; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of the providers to offer programs that lead to a recognized postsecondary credential, and the quality of such programs; (E) the performance of the providers as reflected in the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review on the criteria every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required on the criteria established by the Governor, for purposes of determining the eligibility of providers of training services under this section in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no entity may disclose personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible under this section; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process, for a provider of training services to appeal a denial or termination of eligibility under this section, that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. For purposes of subparagraph (A), that period shall be considered to be the period beginning on the date on which the inaccurate information described in subparagraph (A) was supplied, and ending on the date of the termination described in subparagraph (A). (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states A State may enter into an agreement with another State, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in the other State. (g) Recommendations In developing the criteria (including requirements for related information) and procedures required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria and procedures, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and list. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible under this section, to be providers of the training services involved. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of (B) by striking adults, and dislocated workers, individuals 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State boards or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) (B) Formula Subject to subparagraphs (C) (D) (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (D) Small state minimum allotment Subject to subparagraph (C) 1/5 subparagraph (A) (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage (I) used with respect to fiscal year 2013, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (II) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year, that is received under this paragraph by the State involved for the fiscal year. (ii) Area of substantial unemployment The term area of substantial unemployment (iii) Disadvantaged youth The term disadvantaged youth (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iv) Individual The term individual . 112. Within State allocations Section 133 (29 U.S.C. 2863) is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve not more than 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities and additional assistance Of the amount reserved under paragraph (1) (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of the State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas in the State, shall— (A) allocate the funds that are allotted to the State under section 132(b)(2) and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv), except that a reference in a section specified in any of clauses (i) through (iv) to each State all States (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i) (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage (i) used with respect to fiscal year 2013, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2013, that is received under such provisions by the local area involved for fiscal year 2013; and (ii) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas under this paragraph for the fiscal year, that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities subsection (b) for such activities (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amount allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 ( 29 U.S.C. 2864 (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1) and not reserved under paragraph (2) or (3) of section 133(a)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities and additional assistance Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to provide the statewide rapid response activities and additional assistance described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to award statewide grants for individuals with barriers to employment on a competitive basis, and carry out other activities, as described in paragraph (5). (2) Required statewide employment and training activities A State shall use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training services described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnership initiatives, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas— (i) for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)); (ii) for local coordination of activities carried out under this Act; and (iii) for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contract strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such a strategy, which may involve providing assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities and additional assistance A State shall use funds reserved as described in section 133(a)(2)— (A) to carry out statewide rapid response activities, which shall include provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) to provide additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance for, and conduct evaluations as described in section 136(e) of, the programs carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities (that meet specific performance outcomes and criteria established by the Governor) described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard-to-serve individuals; and (iii) agrees to be reimbursed primarily on the basis of meeting specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use the grant funds for programs of activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. To be eligible to receive a grant under this paragraph for an employment and training program, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities of the program will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118, with respect to the area of the State that will be the focus of the program under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, with the grant funds provided, for the program under this paragraph, and how the entity will ensure the sustainability of such program after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such program; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the program provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services Work ready services (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) (1) (II) by striking core services work ready services (III) by striking who are adults or dislocated workers (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program involved, such as assisting in— (i) the submission of applications; (ii) the provision of information on the results of such applications; and (iii) the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including provision of information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics workforce and labor market (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, (ix) in subparagraph (H), as so redesignated, by inserting under section 136 local performance measures (x) in subparagraph (J), as so redesignated, by inserting and information regarding the administration of the work test for the unemployment compensation system compensation (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for education and training programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits, available to participants in employment and training activities, and relating to education, job training, and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if the activities involved are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; and (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; (ii) in subparagraph (B)(i), by striking Except Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and family literacy education activities provided in conjunction with other training services authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) section 121 (bb) in subclause (I), by striking section 122(e) section 122(d) section 122(h) section 122(i) (cc) in subclause (II), by striking subsections (e) and (h) subsections (d) and (i) (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services from (notwithstanding any provision of this title) eligible providers for those programs and sources. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts career enhancement accounts (II) in clause (i), by striking individual training accounts career enhancement accounts (III) in clause (ii)— (aa) by striking an individual training account a career enhancement account (bb) by striking subparagraph (F) subparagraph (E) (cc) in subclause (II), by striking individual training accounts career enhancement accounts (dd) in subclause (II), by striking or (ee) in subclause (III), by striking the period and inserting ; or (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand industries or occupations important to the State or local economy, that such contract may be used to enable the expansion of programs provided by a priority eligible provider, and that such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker individual (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V); and (bb) by inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and child care, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. (v) incorporation of pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. ; (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required payment toward such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State board and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialists to carry out employment, training, supportive, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate the furnishing of employment, training, supportive, and placement services to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran or member described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran or member described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the one-stop operator of the one-stop center in the local area and shall provide, at a minimum, quarterly reports to the one-stop operator of such center and to the Assistant Secretary for Veterans’ Employment and Training for the State on the specialist's performance, and compliance by the specialist with Federal law (including regulations), with respect to the— (i) principal duties (including facilitating the furnishing of services) for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and other individuals. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by each local board in the State in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), and including summaries of outcomes achieved by participating veterans, disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the 3-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, supportive, and placement services under this subsection. (8) State option At the request of a local board, a State may opt to assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialists for placement in the local area served by the local board. . 114. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and family literacy education activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance (with performance determined in the aggregate and as disaggregated by the populations identified in the State and local plan in each case): (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The difference in the median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program, compared to the median earnings of such participants prior to participation in such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from the program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), a certificate from an on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential, certificate, diploma, or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants (in addition to obtaining such diploma or its recognized equivalent), within 1 year after exit from the program, have obtained or retained employment, have been removed from public assistance, or have begun an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 , for all 3 (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years for all 3 program years (V) in clause (iv)— (aa) by striking or (v) (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by inserting , such as unemployment rates and job losses or gains in particular industries economic conditions (BB) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status (including disability status among veterans), and welfare dependency, program (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated)— (aa) by striking described in clause (iv)(II) described in clause (iv)(I) (bb) by striking or (v) (ii) in subparagraph (B), by striking paragraph (2)(C) paragraph (2)(B) (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsection, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) (b)(2)(B) (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic conditions (such as unemployment rates and job losses or gains in particular industries), or demographic characteristics or other characteristics of the population to be served, in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or (ii) by striking and the customer satisfaction indicator (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) (II) by striking and (v) by striking subparagraph (F); and (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described in section 134(c)(2) and the number of individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services, and the amount of funds spent on each of the 2 types of services during the most recent program year and fiscal year, and the preceding 5 fiscal years; (ii) the number of individuals who successfully exited out of work ready services described in section 134(c)(2) and the number of individuals who exited out of training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (iii) the average cost per participant of those individuals who received work ready services described in section 134(c)(2) and the average cost per participant of those individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (D) the amount of funds spent on training services and discretionary activities described in section 134(d), disaggregated by the populations identified under section 112(b)(16)(A)(iv) and section 118(b)(10). ; (C) in paragraph (3)(A), by striking through publication through electronic means (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the reports is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (B) (ii) in subparagraph (B), by striking may reduce by not more than 5 percent, shall reduce (B) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)— (A) in paragraph (1), by striking or (B) (B) in paragraph (2)— (i) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (iii) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (iv) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan corrective action under subparagraph (A) or (B) may, not later than 30 days after receiving notice of the action, appeal to the Governor to rescind or revise such action (v) in subparagraph (D) (as so redesignated), by striking subparagraph (B) subparagraph (C) (6) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (b)(2)(C) subsection (b)(2)(B) (ii) in subparagraph (C), by striking (b)(3)(A)(vi) (b)(3)(A)(v) (B) in paragraph (2), by striking the activities described in section 502 concerning (C) in paragraph (3), by striking described in paragraph (1) and in the activities described in section 502 and activities described in this subsection (7) by adding at the end the following new subsections: (j) Use of core indicators for other programs Consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described in section 121(b)(1)(B) (in addition to the programs carried out under chapter 5) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training activities in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $5,945,639,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop One-stop (B) by striking applicable (C) by striking customer service (D) by striking intake assessment (2) in paragraph (4), by striking before completing the requirements prior to becoming a graduate. (3) in paragraph (5), by striking has completed the requirements who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary school (3) in paragraph (3)(E), by striking vocational career and technical education and 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational career and technical education and training (B) in paragraph (3)— (i) by striking To the extent practicable, the The (ii) in subparagraph (A)— (I) by striking applicable (II) by inserting and (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules failure to observe the rules (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years year (ii) by striking an assignment a (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, (ii) in subparagraph (B), by striking and (iii) in subparagraph (C)— (I) by inserting the education and training including (II) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by home of the enrollee 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational career and technical (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 subsections (a) and (b) of section 3304 of title 41, United States Code (II) by striking industry council workforce council (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable demonstrates relationships with the surrounding communities, employers, workforce boards, and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii)— (I) by striking , as appropriate (II) by striking through (IV) through (V) (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 1-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials (such as industry-recognized credentials and certificates from registered apprenticeship programs); or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational Academic and Career and Technical Education and (B) by striking may The Secretary shall (C) by striking vocational career and technical (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational career and technical education and (2) in subsection (b)— (A) by striking make every effort to arrange to (B) by striking to assist assist (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 (1) in the header, by striking Operating plan Operations (2) in subsection (a), by striking In General. Operating Plan. (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan Availability (B) by striking subsections (a) and (b) subsection (a) (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraphs (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) chapter 5 of title 40, United States Code, 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 (1) in the section heading, by striking Management Information Performance Accountability and Management (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military, or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a certificate from a registered apprenticeship program; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized postsecondary credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corps center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established as targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of enrollees that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(f)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services and additional assistance, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, localities, (B) by striking from carrying out activities to implement the amendments made by the SKILLS Act (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) subsection (a) (B) by striking , or recipient of financial assistance under any of sections 166 through 169, (C) by striking or grant recipient (6) in subsection (c) (as so redesignated), by striking paragraph (1) subsection (a) (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act (2) by amending subsection (a)(4) to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) by amending subsection (c) to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2016, and thereafter shall conduct such an analysis not less than once every 4 years. ; (4) in subsection (e), by striking the Committee on Labor and Human Resources of the Senate the Committee on Health, Education, Labor, and Pensions of the Senate (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized To be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. ; and (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations, (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall may (3) in subsection (e)— (A) by striking training for the entry into employment, retention in employment, or increases in earnings of (B) by striking subtitle B this Act (4) in subsection (f)(4), by striking 134(a)(3)(B) 133(a)(4) (5) by adding at the end the following: (g) Salary and bonus limitation (1) In general No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the rate prescribed in level II of the Executive Schedule under section 5315 (2) Vendors The limitation described in paragraph (1) shall not apply to vendors providing goods and services as defined in OMB Circular A–133. (3) Lower limit In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in paragraph (1) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. (h) General authority (1) In general The Employment and Training Administration of the Department of Labor (referred to in this Act as the Administration 29 U.S.C. 49 et seq. 29 U.S.C. 701 et seq. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. (3) Functions In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Deputy Secretary of Labor, as determined by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c)— (A) by striking 127 or (B) by striking , except that (2) in subsection (e)— (A) by striking sections 128 and 133 section 133 (B) by striking 127 or 134. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) Each Each (2) by striking subparagraph (B). 135. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, Secretary, 136. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) in the first sentence, by striking each State each recipient (except as otherwise provided in this paragraph) (ii) in the second sentence, by striking 171 or (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) in clause (i), by striking ; and (ii) by striking requirements of subparagraph (B) any of the statutory or regulatory requirements of subtitle B requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B (iii) by striking clause (ii); and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states The Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B), in lieu of requiring the additional States to meet the requirements of subparagraphs (B) and (C). Such procedure shall ensure that the extension of such a waiver to additional States is accompanied by appropriate conditions relating to the implementation of such waiver. (E) External Conditions The Secretary shall not require or impose new or additional requirements, that are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title consistent with State law and the provisions of this title (2) by striking consistent with the terms and conditions required under this title consistent with State law and the terms and conditions required under this title 138. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received under a program by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this paragraph. ; (2) by striking paragraph (9); (3) by redesignating paragraphs (10) through (13) as paragraphs (9) through (12), respectively; and (4) by adding at the end the following new paragraphs: (13) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include a one-stop center. (14) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who, on the day before the date of enactment of the SKILLS Act, worked on or administered each of the programs and activities that were authorized under this Act or were authorized under a provision listed in section 401 of the SKILLS Act; and (B) identify the number of full-time equivalent employees who on the day before that date of enactment, worked on or administered each of the programs and activities described in subparagraph (A), on functions for which the authorizing provision has been repealed, or for which an amount has been consolidated (if such employee is in a duplicate position), on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature or legislative body (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) such preparation, distribution, or use of such materials, that are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before the Congress or any State government, or a State or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. (3) Definition For the purposes of this subsection, the term participant . F State unified plan 140. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted in accordance with this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities or programs set forth in subparagraphs (A) and (B) of paragraph (2) and shall cover one or more of the activities or programs set forth in subparagraphs (C) through (N) of paragraph (2). (2) Activities and programs For purposes of paragraph (1), the term activity or program (A) Activities and programs authorized under title I. (B) Activities and programs authorized under title II. (C) Programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). (D) Secondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) Postsecondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (F) Activities and programs authorized under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). (G) Programs and activities authorized under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (H) Programs authorized under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (I) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food and Nutrition Act of 1977 (7 U.S.C. 2015(o)). (L) Activities and programs authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (M) Activities and programs authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. (N) Activities authorized under chapter 41 ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). (3) Scope of portion For purposes of paragraph (1), the portion of the State unified plan covering an activity or program shall be considered to include the plan described in subsection (c)(3) and any proposal described in subsection (e)(2), as that part and proposal relate to the activity or program. ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2), and subject to paragraph (4) and to the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs covered by the plan into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State that has a State unified plan approved under subsection (d) with a proposal for consolidation under paragraph (2), and that is carrying out such consolidation, shall— (A) in providing an activity or program for which an amount is consolidated into the Workforce Investment Fund— (i) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program; and (ii) meet the intent and purpose for the activity or program; and (B) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate an amount under paragraph (2) that is allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (B) title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). . II Adult Education and Family Literacy Education 201. Amendment Title II ( 20 U.S.C. 9201 et seq. II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and mathematics skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and mathematics skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and mathematics skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and mathematics skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and mathematics skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program (A) assists parents and students, on a voluntary basis, in achieving the purpose of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor (7) Individual with a disability (A) In general The term individual with a disability (B) Individuals with disabilities The term individuals with disabilities (8) English learner The term English learner (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training (10) Institution of higher education The term institution of higher education (11) Literacy The term literacy (12) Local educational agency The term local educational agency (13) Outlying area The term outlying area (14) Postsecondary educational institution The term postsecondary educational institution (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary (16) State The term State (17) State educational agency The term State educational agency (18) Workplace literacy program The term workplace literacy program 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal year 2015 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2015, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2016 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraphs (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, mathematics, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (1), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and mathematics programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions In this section: (1) Correctional institution The term correctional institution (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated education and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and mathematics skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and mathematics content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and mathematics, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III Amendments to the Wagner-Peyser Act 301. Amendments to the Wagner-Peyser Act Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor (referred to in this section as the Secretary (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (C) and (D) of subsection (e)(1); and (iii) shall meet the needs for the information identified in section 121(e)(1)(E) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(e)(1)(E) (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c)(2) (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(1). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of workforce and labor market information in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of, and submit to the Secretary, an annual plan to carry out the requirements and authorities of this subsection; and (K) utilize the quarterly records described in section 136(f)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(f)(2) (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,153,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . IV Repeals and Conforming Amendments 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) The Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendments to other laws Section 104(k)(6)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking training, research, and research and (a) Amendments to the Food and Nutrition Act of 2008 (1) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (A) by striking means (1) the agency (A) the agency ; (B) by striking programs, and (2) the tribal (B) the tribal ; and (C) by striking this Act. (C) in the context of employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). . (2) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (d)(14) by striking section 6(d)(4)(I) section 6(d)(4)(C) (B) in subsection (g)(3), in the first sentence, by striking constitutes adequate participation in an employment and training program under section 6(d) allows the individual to participate in employment and training activities under section 6(d)(4) (3) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (D) Employment and training (i) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (ii) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the one-stop delivery system authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (iii) Reimbursements (I) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (aa) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (bb) the actual costs of such dependent care expenses as are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of that Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (II) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at the option of the State agency, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (III) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (aa) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (bb) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (4) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) (S) the plans of the State agency for providing employment and training services under section 6(d)(4); . (5) Administrative cost-sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) (A) in paragraph (1)— (i) in subparagraph (A), by striking carry out employment and training programs provide employment and training services to eligible households under section 6(d)(4) (ii) in subparagraph (D), by striking operating an employment and training program providing employment and training services consistent with section 6(d)(4) (B) in paragraph (3)— (i) by striking participation in an employment and training program the individual participating in employment and training activities (ii) by striking section 6(d)(4)(I)(i)(II) section 6(d)(4)(C)(i)(II) (C) in paragraph (4), by striking for operating an employment and training program to provide employment and training services (D) by striking paragraph (5) and inserting the following: (E) Monitoring (i) In general The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. (ii) Accountability Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the State performance measures described in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (6) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)(dd), by striking , (4)(F)(i), or (4)(K) or (4) (ii) by striking paragraph (3); and (B) in subsection (g), in the first sentence in the matter preceding paragraph (1)— (i) by striking programs established activities provided to eligible households (ii) by inserting , in conjunction with the Secretary of Labor, Secretary (7) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program (b) Amendments to section 412 of the Immigration and Nationality Act (1) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) (A) in paragraph (1)— (i) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement provide refugees with the opportunity to access employment and training services, including job placement, (ii) in subparagraph (B)(ii), by striking services; services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); (B) in paragraph (2)(C)(iii)(II), by inserting and training employment (C) in paragraph (6)(A)(ii)— (i) by striking insure ensure (ii) by inserting and training employment (iii) by inserting after available through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) (D) in paragraph (9), by inserting the Secretary of Labor, Education, (2) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (A) by striking orientation, instruction orientation and instruction (B) by striking , and job training for refugees, and such other education and training of refugees, as facilitates for refugees to facilitate (3) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i), by inserting and training employment (ii) by striking subparagraph (C); (B) in paragraph (2)(B), by striking paragraph— in a manner paragraph in a manner (C) by adding at the end the following: (C) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (i) making employment and training activities described in section 134 of such Act ( 29 U.S.C. 2864 (ii) providing refugees with access to a one-stop delivery system established under section 121 of such Act (29 U.S.C. 2841). . (4) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (A) in paragraph (2)(A)(i), by inserting and training providing employment (B) in paragraph (3), by striking The Consistent with subsection (c)(3), the (c) Amendments relating to the Second Chance Act of 2007 (1) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (A) in subsection (a)(1)(E)— (i) by inserting the Department of Labor and other Federal agencies (ii) by inserting State and local workforce investment boards, community-based organizations, (B) in subsection (c)— (i) in paragraph (2), by striking at the end and (ii) in paragraph (3), by striking at the end the period and inserting ; and (iii) by adding at the end the following new paragraph: (D) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (C) in subsection (d), by adding at the end the following new paragraph: (F) Interaction with the workforce investment system (i) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), which may include— (I) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (II) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 (ii) Service defined In this paragraph, the term employment and training services (I) the skills assessment described in subsection (a)(1)(A); (II) the skills development plan described in subsection (a)(1)(B); and (III) the enhancement, development, and implementation of reentry and skills development programs. . (2) Duties of the Bureau of Prisons Section 4042(a) (A) by redesignating subparagraphs (D) and (E), as added by section 231(d)(1)(C) of the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 685), as paragraphs (6) and (7), respectively, and adjusting the margin accordingly; (B) in paragraph (6), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; (C) in paragraph (7), as so redesignated— (i) in clause (ii), by striking Employment Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph (ii) by striking clause (iii); and (D) by redesignating clauses (i), (ii), (iv), (v), (vi), and (vii) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively, and adjusting the margin accordingly. (d) Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) in subsection (b)— (A) in paragraph (1), by striking vocational career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), nonprofit organizations (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and victim services (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. 29 U.S.C. 2841 ; and (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) under this section (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (B) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . (e) Conforming amendments to title 38, United States Code Title 38, United States Code, is amended— (1) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (2) in the table of sections at the beginning of chapter 41, by striking the items relating to sections 4103A and 4104; (3) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); and (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); and (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State (ii) by striking for purposes of subsection (c) (4) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (i) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (i) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); ; (5) in section 4109— (A) in subsection (a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (B) in subsection (d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (6) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 403. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 170. Technical assistance. Sec. 172. Evaluations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 507. Effective date. . V Amendments to the Rehabilitation Act of 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period and inserting ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation Services Administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary Department of Education (B) by striking President by and with the advice and consent of the Senate Secretary (C) by striking , and the Commissioner shall be the principal officer, (2) by striking Commissioner Director (3) in section 12(c) (29 U.S.C. 709(c)), by striking Commissioner’s Director’s (4) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner Director of the Rehabilitation Services Administration (ii) by striking (referred to in this subsection as the Director (iii) by striking The Commissioner and the Director Both such Directors (B) by striking the Commissioner and the Director both such Directors (5) in the heading for subparagraph (B) of section 100(d)(2) ( 29 U.S.C. 720(d)(2) commissioner director (6) in section 401(a)(1) ( 29 U.S.C. 781(a)(1) of the National Institute on Disability and Rehabilitation Research Director (7) in the heading for section 706 ( 29 U.S.C. 796d–1 commissioner director (8) in the heading for paragraph (3) of section 723(a) ( 29 U.S.C. 796f–2(a) commissioner director (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) paragraph (37)(C) (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities . 504. Carryover Section 19(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 716(a)(1)) is amended by striking part B of title VI, 505. Traditionally underserved populations Section 21 of the Rehabilitation Act of 1973 (29 U.S.C. 718) is amended, in paragraphs (1) and (2)(A) of subsection (b), and in subsection (c), by striking VI, 506. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) (1) in paragraph (10)— (A) in subparagraph (B), by striking on the eligible individuals of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)). (B) in subparagraph (E)(ii), by striking , to the extent the measures are applicable to individuals with disabilities (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as participation through video conferences and conference calls) (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and (II) in subclause (III), by adding and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ; (B) in subparagraph (B)(ii), by striking and under part B of title VI (C) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; and (iii) in clause (v), as redesignated by clause (i) of this subparagraph, by striking evaluation standards performance standards (4) in paragraph (22)— (A) in the paragraph heading, by striking state plan supplement (B) by striking carrying out part B of title VI, including (C) by striking that part to supplement funds made available under part B of (5) in paragraph (24)— (A) in the paragraph heading, by striking contracts grants (B) in subparagraph (A)— (i) in the subparagraph heading, by striking Contracts Grants (ii) by striking part A of title VI section 109A (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessments described in paragraph (15), and achieve the goals and priorities identified by the State in that paragraph, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 507. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment involved, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b), by inserting at the end the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. . 508. Standards and indicators (a) In general Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726 (1) in the section heading, by striking Evaluation standards Performance standards (2) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b) (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (3) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . (b) Conforming amendments Section 107 of the Rehabilitation Act of 1973 (29 U.S.C. 727) is amended— (1) in subsections (a)(1)(B) and (b)(2), by striking evaluation standards performance standards (2) in subsection (c)(1)(B), by striking an evaluation standard a performance standard 509. Expenditure of certain amounts Section 108(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 728(a) under part B of title VI, or 510. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 728a) the following: 109A. Collaboration with industry (a) Eligible entity defined For the purposes of this section, the term eligible entity (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (b) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to pay for the Federal share of the cost of carrying out collaborative programs, to create practical job and career readiness and training programs, and to provide job placements and career advancement. (c) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (d) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the collaborative program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (e) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (f) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. (g) Federal share The Federal share for a program under this section shall not exceed 80 percent of the costs of the program. . 511. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs or activities under sections 101(a)(26)(B) and 103(b)(6). . 512. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium under the Developmental Disabilities and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) to provide services in accordance with this section, as determined by the Secretary. The amount of such grants shall be the same as the amount provided to territories under this subsection. . 513. Research Section 204(a)(2)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended by striking VI, 514. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. (1) in section 301(a) ( 21 U.S.C. 771(a) (A) in paragraph (2), by inserting and (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302 (29 U.S.C. 772)— (A) in subsection (g)— (i) in the heading, by striking and In-Service Training (ii) by striking paragraph (3); and (B) in subsection (h), by striking section 306 section 304 (3) in section 303 ( 29 U.S.C. 773 (A) in subsection (b)(1), by striking section 306 section 304 (B) in subsection (c)— (i) in paragraph (4)— (I) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate activities and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act (20 U.S.C. 1471), the community parent resource centers established pursuant to section 672 of such Act ( 29 U.S.C. 1472 20 U.S.C. 1473 ; and (II) in subparagraph (C), by inserting , and demonstrate the capacity for serving, serve (ii) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305 ( 29 U.S.C. 774 (5) by redesignating section 306 ( 29 U.S.C. 776 515. Repeal of title VI Title VI of the Rehabilitation Act of 1973 ( 29 U.S.C. 795 et seq. 516. Title VII general provisions (a) Purpose Section 701(3) of the Rehabilitation Act of 1973 (29 U.S.C. 796(3)) is amended by striking State programs of supported employment services receiving assistance under part B of title VI, (b) Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 517. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (1) in section 100 (29 U.S.C. 720)— (A) in subsection (b)(1), by striking such sums as may be necessary for fiscal years 1999 through 2003 $3,066,192,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (B) in subsection (d)(1)(B), by striking 2003 2021 (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2015 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)), by striking such sums as may be necessary for fiscal years 1999 through 2003 $11,600,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) (a) There are authorized to be appropriated $103,125,000 for fiscal year 2015 and each of the 6 succeeding fiscal years to carry out this title. (5) in section 302(i) (29 U.S.C. 772(i)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $33,657,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (6) in section 303(e) (29 U.S.C. 773(e)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $5,046,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (7) in section 405 (29 U.S.C. 785), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $3,081,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (8) in section 502(j) (29 U.S.C. 792(j)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $7,013,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (9) in section 509(l) (29 U.S.C. 794e(l)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $17,088,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $22,137,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $75,772,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (12) in section 753 (29 U.S.C. 796l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $32,239,000 for fiscal year 2015 and each of the 6 succeeding fiscal years 518. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; (5) by striking the items related to title VI; and (6) by striking the item related to section 706 and inserting the following: Sec. 706. Responsibilities of the Director. . VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative cost savings at the Federal and State levels for a fiscal year as a result of States consolidating amounts under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative costs

Summary: Strengthening Kids' Interest in Learning and Libraries Act or the SKILLS Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Defines an &quot;effective school library program&quot; as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Replaces the existing program under subpart 4 (Improving Literacy Through School Libraries) of part B of title I of the ESEA with a new program (Improving Literacy and College and Career Readiness Through Effective School Library Programs) awarding competitive three-year grants to local educational agencies (LEAs) to develop and enhance effective school library programs. Makes LEAs eligible for such grants only if at least 20% of their students are impoverished. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to rename part A the Teacher, School Librarian, and Principal Training and Recruiting Fund. Requires states and LEAs to use funds under the program to train school librarians, and recruit and retain highly effective school librarians.