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(D) describe the availability and accessi-
bility of local resources, such as supportive serv-
ices, services provided through one-stop delivery 
systems, and education and training services, 
and how the resources can be made available to 
the population to be served; and 
(E) describe the plan for providing services 
under this section, including strategies and sys-
tems for outreach, career planning, assessment, 
and delivery through one-stop delivery systems. 
(3) AGREEMENT ON ADJUSTED LEVELS OF PER-
FORMANCE.—The Secretary and the entity described 
in subsection (b) shall reach agreement on the levels 
of performance for each of the primary indicators of 
performance described in section 116(b)(2)(A), taking 
into account economic conditions, characteristics of 
the individuals served, and other appropriate factors, 
and using, to the extent practicable, the statistical ad-
justment model under section 116(b)(3)(A)(viii). The 
levels agreed to shall be the adjusted levels of perform-
ance and shall be incorporated in the program plan. 
(4) ADMINISTRATION.—Grants and contracts 
awarded under this section shall be centrally admin-
istered by the Department of Labor and competitively 
awarded by the Secretary using procedures consistent
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with standard Federal Government competitive pro-
curement policies. 
(d) AUTHORIZED ACTIVITIES.—Funds made available 
under this section and section 127(a)(1) shall be used to 
carry out workforce investment activities (including youth 
workforce investment activities) and provide related assist-
ance for eligible migrant and seasonal farmworkers, which 
may include— 
(1) outreach, employment, training, educational 
assistance, literacy assistance, English language and 
literacy instruction, pesticide and worker safety 
training, housing (including permanent housing), 
supportive services, and school dropout prevention 
and recovery activities; 
(2) followup services for those individuals placed 
in employment; 
(3) self-employment and related business or 
micro-enterprise development or education as needed 
by eligible individuals as identified pursuant to the 
plan required by subsection (c); 
(4) customized career and technical education in 
occupations that will lead to higher wages, enhanced 
benefits, and long-term employment in agriculture or 
another area; and
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(5) technical assistance to improve coordination 
of services and implement best practices relating to 
service delivery through one-stop delivery systems. 
(e) CONSULTATION WITH GOVERNORS
AND LOCAL 
BOARDS.—In making grants and entering into contracts 
under this section, the Secretary shall consult with the Gov-
ernors and local boards of the States in which the eligible 
entities will carry out the activities described in subsection 
(d). 
(f) REGULATIONS.—The Secretary shall consult with 
eligible migrant and seasonal farmworkers groups and 
States in establishing regulations to carry out this section, 
including regulations relating to how economic and demo-
graphic barriers to employment of eligible migrant and sea-
sonal farmworkers should be considered and included in the 
negotiations leading to the adjusted levels of performance 
described in subsection (c)(3). 
(g) COMPLIANCE WITH SINGLE AUDIT REQUIRE-
MENTS; RELATED REQUIREMENT.—Grants made and con-
tracts entered into under this section shall be subject to the 
requirements of chapter 75 of subtitle V of title 31, United 
States Code and charging of costs under this section shall 
be subject to appropriate circulars issued by the Office of 
Management and Budget.
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(h) FUNDING ALLOCATION.—From the funds appro-
priated and made available to carry out this section, the 
Secretary shall reserve not more than 1 percent for discre-
tionary purposes, such as providing technical assistance to 
eligible entities. 
(i) DEFINITIONS.—In this section: 
(1) ELIGIBLE
MIGRANT
AND
SEASONAL
FARM-
WORKERS.—The term ‘‘eligible migrant and seasonal 
farmworkers’’ means individuals who are eligible mi-
grant farmworkers or are eligible seasonal farm-
workers. 
(2) ELIGIBLE
MIGRANT
FARMWORKER.—The 
term ‘‘eligible migrant farmworker’’ means— 
(A) an eligible seasonal farmworker de-
scribed in paragraph (3)(A) whose agricultural 
labor requires travel to a job site such that the 
farmworker is unable to return to a permanent 
place of residence within the same day; and 
(B) a dependent of the farmworker described 
in subparagraph (A). 
(3) ELIGIBLE
SEASONAL
FARMWORKER.—The 
term ‘‘eligible seasonal farmworker’’ means— 
(A) a low-income individual who— 
(i) for 12 consecutive months out of the 
24 months prior to application for the pro-
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gram involved, has been primarily em-
ployed in agricultural or fish farming labor 
that is characterized by chronic unemploy-
ment or underemployment; and 
(ii) faces multiple barriers to economic 
self-sufficiency; and 
(B) a dependent of the person described in 
subparagraph (A). 
SEC. 168. TECHNICAL ASSISTANCE. 
(a) GENERAL TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary shall ensure 
that the Department has sufficient capacity to, and 
does, provide, coordinate, and support the develop-
ment of, appropriate training, technical assistance, 
staff development, and other activities, including— 
(A) assistance in replicating programs of 
demonstrated effectiveness, to States and local-
ities; 
(B) the training of staff providing rapid re-
sponse services; 
(C) the training of other staff of recipients 
of funds under this title, including the staff of 
local boards and State boards; 
(D) the training of members of State boards 
and local boards;
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(E) assistance in the development and im-
plementation of integrated, technology-enabled 
intake and case management information sys-
tems for programs carried out under this Act 
and programs carried out by one-stop partners, 
such as standard sets of technical requirements 
for the systems, offering interfaces that States 
could use in conjunction with their current (as 
of the first date of implementation of the sys-
tems) intake and case management information 
systems that would facilitate shared registration 
across programs; 
(F) assistance regarding accounting and 
program operations to States and localities 
(when such assistance would not supplant assist-
ance provided by the State); 
(G) peer review activities under this title; 
and 
(H) in particular, assistance to States in 
making transitions to implement the provisions 
of this Act. 
(2) FORM OF ASSISTANCE.— 
(A) IN GENERAL.—In order to carry out 
paragraph (1) on behalf of a State or recipient 
of financial assistance under section 166 or 167,
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the Secretary, after consultation with the State 
or grant recipient, may award grants or enter 
into contracts or cooperative agreements. 
(B) 
LIMITATION.—Grants 
or 
contracts 
awarded under paragraph (1) to entities other 
than States or local units of government that are 
for amounts in excess of $100,000 shall only be 
awarded on a competitive basis. 
(b) DISLOCATED WORKER TECHNICAL ASSISTANCE.— 
(1) AUTHORITY.—Of the amounts available pur-
suant to section 132(a)(2)(A), the Secretary shall re-
serve not more than 5 percent of such amounts to pro-
vide technical assistance to States that do not meet 
the State performance accountability measures for the 
primary indicators of performance described in sec-
tion 116(b)(2)(A)(i) with respect to employment and 
training activities for dislocated workers. Using such 
reserved funds, the Secretary may provide such assist-
ance to other States, local areas, and other entities in-
volved in providing assistance to dislocated workers, 
to promote the continuous improvement of assistance 
provided to dislocated workers, under this title. 
(2) TRAINING.—Amounts reserved under this 
subsection may be used to provide for the training of 
staff, including specialists, who provide rapid re-
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sponse services. Such training shall include instruc-
tion in proven methods of promoting, establishing, 
and assisting labor-management committees. Such 
projects shall be administered through the Employ-
ment and Training Administration of the Depart-
ment. 
(c) PROMISING AND PROVEN PRACTICES COORDINA-
TION.—The Secretary shall— 
(1) establish a system through which States may 
share information regarding promising and proven 
practices with regard to the operation of workforce in-
vestment activities under this Act; 
(2) evaluate and disseminate information re-
garding such promising and proven practices and 
identify knowledge gaps; and 
(3) commission research under section 169(b) to 
address knowledge gaps identified under paragraph 
(2). 
SEC. 169. EVALUATIONS AND RESEARCH. 
(a) EVALUATIONS.— 
(1) EVALUATIONS OF PROGRAMS AND ACTIVITIES 
CARRIED OUT UNDER THIS TITLE.— 
(A) IN GENERAL.—For the purpose of im-
proving the management and effectiveness of pro-
grams and activities carried out under this title,
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the Secretary, through grants, contracts, or coop-
erative agreements, shall provide for the con-
tinuing evaluation of the programs and activi-
ties under this title, including those programs 
and activities carried out under this section. 
(B) 
PERIODIC
INDEPENDENT
EVALUA-
TION.—The evaluations carried out under this 
paragraph shall include an independent evalua-
tion, at least once every 4 years, of the programs 
and activities carried out under this title. 
(2) EVALUATION
SUBJECTS.—Each evaluation 
carried out under paragraph (1) shall address— 
(A) the general effectiveness of such pro-
grams and activities in relation to their cost, in-
cluding the extent to which the programs and ac-
tivities— 
(i) improve the employment com-
petencies of participants in comparison to 
comparably-situated individuals who did 
not participate in such programs and ac-
tivities; and 
(ii) to the extent feasible, increase the 
level of total employment over the level that 
would have existed in the absence of such 
programs and activities;
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(B) the effectiveness of the performance ac-
countability measures relating to such programs 
and activities; 
(C) the effectiveness of the structure and 
mechanisms for delivery of services through such 
programs and activities, including the coordina-
tion and integration of services through such 
programs and activities; 
(D) the impact of such programs and ac-
tivities on the community, businesses, and par-
ticipants involved; 
(E) the impact of such programs and ac-
tivities on related programs and activities; 
(F) the extent to which such programs and 
activities meet the needs of various demographic 
groups; and 
(G) such other factors as may be appro-
priate. 
(3) EVALUATIONS OF OTHER PROGRAMS AND AC-
TIVITIES.—The Secretary may conduct evaluations of 
other federally funded employment-related programs 
and activities under other provisions of law. 
(4) TECHNIQUES.—Evaluations conducted under 
this subsection shall utilize appropriate and rigorous 
methodology and research designs, including the use
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of control groups chosen by scientific random assign-
ment methodologies. The Secretary shall conduct at 
least 1 multisite control group evaluation under this 
subsection by the end of fiscal year 2019, and there-
after shall ensure that such an analysis is included in 
the independent evaluation described in paragraph 
(1)(B) that is conducted at least once every 4 years. 
(5) REPORTS.—The entity carrying out an eval-
uation described in paragraph (1) or (2) shall pre-
pare and submit to the Secretary a draft report and 
a final report containing the results of the evaluation. 
(6) REPORTS TO CONGRESS.—Not later than 30 
days after the completion of a draft report under 
paragraph (5), the Secretary shall transmit the draft 
report to the Committee on Education and the Work-
force of the House of Representatives and the Com-
mittee on Health, Education, Labor and Pensions of 
the Senate. Not later than 60 days after the comple-
tion of a final report under such paragraph, the Sec-
retary shall transmit the final report to such commit-
tees. 
(7) PUBLIC AVAILABILITY.—Not later than 30 
days after the date the Secretary transmits the final 
report as described in paragraph (6), the Secretary 
shall make that final report available to the general
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† HR 803 EAS 
public on the Internet, on the Web site of the Depart-
ment of Labor. 
(8) PUBLICATION
OF
REPORTS.—If an entity 
that enters into a contract or other arrangement with 
the Secretary to conduct an evaluation of a program 
or activity under this subsection requests permission 
from the Secretary to publish a report resulting from 
the evaluation, such entity may publish the report un-
less the Secretary denies the request during the 90-day 
period beginning on the date the Secretary receives 
such request. 
(9) COORDINATION.—The Secretary shall ensure 
the coordination of evaluations carried out by States 
pursuant to section 116(e) with the evaluations car-
ried out under this subsection. 
(b) 
RESEARCH, 
STUDIES, 
AND
MULTISTATE 
PROJECTS.— 
(1) 
IN
GENERAL.—After 
consultation 
with 
States, localities, and other interested parties, the Sec-
retary shall, every 2 years, publish in the Federal 
Register, a plan that describes the research, studies, 
and multistate project priorities of the Department of 
Labor concerning employment and training for the 5- 
year period following the submission of the plan. The 
plan shall be consistent with the purposes of this title,
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including the purpose of aligning and coordinating 
core programs with other one-stop partner programs. 
Copies of the plan shall be transmitted to the Com-
mittee on Education and the Workforce of the House 
of Representatives, the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, the De-
partment of Education, and other relevant Federal 
agencies. 
(2) FACTORS.—The plan published under para-
graph (1) shall contain strategies to address national 
employment and training problems and take into ac-
count factors such as— 
(A) the availability of existing research (as 
of the date of the publication); 
(B) the need to ensure results that have 
interstate validity; 
(C) the benefits of economies of scale and the 
efficiency of proposed projects; and 
(D) the likelihood that the results of the 
projects will be useful to policymakers and stake-
holders in addressing employment and training 
problems. 
(3) RESEARCH PROJECTS.—The Secretary shall, 
through grants or contracts, carry out research 
projects that will contribute to the solution of employ-
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ment and training problems in the United States and 
that are consistent with the priorities specified in the 
plan published under paragraph (1). 
(4) STUDIES AND REPORTS.— 
(A) NET IMPACT STUDIES AND REPORTS.— 
The Secretary of Labor, in coordination with the 
Secretary of Education and other relevant Fed-
eral agencies, may conduct studies to determine 
the net impact and best practices of programs, 
services, and activities carried out under this 
Act. 
(B) STUDY ON RESOURCES AVAILABLE TO 
ASSIST
DISCONNECTED
YOUTH.—The Secretary 
of Labor, in coordination with the Secretary of 
Education, may conduct a study examining the 
characteristics of eligible youth that result in 
such youth being significantly disconnected from 
education and workforce participation, the ways 
in which such youth could have greater opportu-
nities for education attainment and obtaining 
employment, and the resources available to assist 
such youth in obtaining the skills, credentials, 
and work experience necessary to become eco-
nomically self-sufficient.
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(C) STUDY OF EFFECTIVENESS OF WORK-
FORCE DEVELOPMENT SYSTEM IN MEETING BUSI-
NESS NEEDS.—Using funds available to carry 
out this subsection jointly with funds available 
to the Secretary of Commerce, the Administrator 
of the Small Business Administration, and the 
Secretary of Education, the Secretary of Labor, 
in coordination with the Secretary of Commerce, 
the Administrator of the Small Business Admin-
istration, and the Secretary of Education, may 
conduct a study of the effectiveness of the work-
force development system in meeting the needs of 
business, such as through the use of industry or 
sector partnerships, with particular attention to 
the needs of small business, including in assist-
ing workers to obtain the skills needed to utilize 
emerging technologies. 
(D) STUDY
ON
PARTICIPANTS
ENTERING 
NONTRADITIONAL OCCUPATIONS.—The Secretary 
of Labor, in coordination with the Secretary of 
Education, may conduct a study examining the 
number and percentage of individuals who re-
ceive employment and training activities and 
who enter nontraditional occupations, successful 
strategies to place and support the retention of
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individuals in nontraditional employment (such 
as by providing post-placement assistance to 
participants in the form of exit interviews, men-
toring, networking, and leadership development), 
and the degree to which recipients of employment 
and training activities are informed of the possi-
bility of, or directed to begin, training or edu-
cation needed for entrance into nontraditional 
occupations. 
(E) STUDY
ON
PERFORMANCE
INDICA-
TORS.—The Secretary of Labor, in coordination 
with the Secretary of Education, may conduct 
studies to determine the feasibility of, and poten-
tial means to replicate, measuring the compensa-
tion, including the wages, benefits, and other in-
centives provided by an employer, received by 
program participants by using data other than 
or in addition to data available through wage 
records, for potential use as a performance indi-
cator. 
(F) STUDY ON JOB TRAINING FOR RECIPI-
ENTS
OF
PUBLIC
HOUSING
ASSISTANCE.—The 
Secretary of Labor, in coordination with the Sec-
retary of Housing and Urban Development, may 
conduct studies to assist public housing authori-
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† HR 803 EAS 
ties to provide, to recipients of public housing as-
sistance, job training programs that successfully 
upgrade job skills and employment in, and ac-
cess to, jobs with opportunity for advancement 
and economic self-sufficiency for such recipients. 
(G) STUDY
ON
IMPROVING
EMPLOYMENT 
PROSPECTS FOR OLDER INDIVIDUALS.—The Sec-
retary of Labor, in coordination with the Sec-
retary of Education and the Secretary of Health 
and Human Services, may conduct studies that 
lead to better design and implementation of, in 
conjunction with employers, local boards or State 
boards, community colleges or area career and 
technical education schools, and other organiza-
tions, effective evidence-based strategies to pro-
vide services to workers who are low-income, low- 
skilled older individuals that increase the work-
ers’ skills and employment prospects. 
(H) STUDY ON PRIOR LEARNING.—The Sec-
retary of Labor, in coordination with other 
heads of Federal agencies, as appropriate, may 
conduct studies that, through convening stake-
holders from the fields of education, workforce, 
business, labor, defense, and veterans services, 
and experts in such fields, develop guidelines for
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† HR 803 EAS 
assessing, accounting for, and utilizing the prior 
learning of individuals, including dislocated 
workers and veterans, in order to provide the in-
dividuals with postsecondary educational credit 
for such prior learning that leads to the attain-
ment of a recognized postsecondary credential 
identified under section 122(d) and employment. 
(I) STUDY
ON
CAREER
PATHWAYS
FOR 
HEALTH CARE PROVIDERS AND PROVIDERS OF 
EARLY EDUCATION AND CHILD CARE.—The Sec-
retary of Labor, in coordination with the Sec-
retary of Education and the Secretary of Health 
and Human Services, shall conduct a multistate 
study to develop, implement, and build upon ca-
reer advancement models and practices for low- 
wage health care providers or providers of early 
education and child care, including faculty edu-
cation and distance education programs. 
(J) STUDY ON EQUIVALENT PAY.—The Sec-
retary shall conduct a multistate study to de-
velop and disseminate strategies for ensuring 
that programs and activities carried out under 
this Act are placing individuals in jobs, edu-
cation, and training that lead to equivalent pay 
for men and women, including strategies to in-
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† HR 803 EAS 
crease the participation of women in high-wage, 
high-demand occupations in which women are 
underrepresented. 
(K) REPORTS.—The Secretary shall prepare 
and disseminate to the Committee on Health, 
Education, Labor, and Pensions of the Senate 
and the Committee on Education and the Work-
force of the House of Representatives, and to the 
public, including through electronic means, re-
ports containing the results of the studies con-
ducted under this paragraph. 
(5) MULTISTATE PROJECTS.— 
(A) 
AUTHORITY.—The 
Secretary 
may, 
through grants or contracts, carry out multistate 
projects that require demonstrated expertise that 
is available at the national level to effectively 
disseminate best practices and models for imple-
menting employment and training services, ad-
dress the specialized employment and training 
needs of particular service populations, or ad-
dress industry-wide skill shortages, to the extent 
such projects are consistent with the priorities 
specified in the plan published under paragraph 
(1).
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† HR 803 EAS 
(B) DESIGN
OF
GRANTS.—Agreements for 
grants or contracts awarded under this para-
graph shall be designed to obtain information re-
lating to the provision of services under different 
economic conditions or to various demographic 
groups in order to provide guidance at the na-
tional and State levels about how best to admin-
ister specific employment and training services. 
(6) LIMITATIONS.— 
(A) COMPETITIVE
AWARDS.—A grant or 
contract awarded for carrying out a project 
under this subsection in an amount that exceeds 
$100,000 shall be awarded only on a competitive 
basis, except that a noncompetitive award may 
be made in the case of a project that is funded 
jointly with other public or private sector enti-
ties that provide a substantial portion of assist-
ance under the grant or contract for the project. 
(B) TIME
LIMITS.—A grant or contract 
shall not be awarded under this subsection to the 
same organization for more than 3 consecutive 
years unless such grant or contract is competi-
tively reevaluated within such period. 
(C) PEER REVIEW.—
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† HR 803 EAS 
(i) IN GENERAL.—The Secretary shall 
utilize a peer review process— 
(I) to review and evaluate all ap-
plications for grants in amounts that 
exceed $500,000 that are submitted 
under this section; and 
(II) to review and designate exem-
plary and promising programs under 
this section. 
(ii) AVAILABILITY
OF
FUNDS.—The 
Secretary is authorized to use funds pro-
vided under this section to carry out peer 
review activities under this subparagraph. 
(D) PRIORITY.—In awarding grants or con-
tracts under this subsection, priority shall be 
provided to entities with recognized expertise in 
the methods, techniques, and knowledge of work-
force investment activities. The Secretary shall 
establish appropriate time limits for the dura-
tion of such projects. 
(c) DISLOCATED WORKER PROJECTS.—Of the amount 
made available pursuant to section 132(a)(2)(A) for any 
program year, the Secretary shall use not more than 10 
percent of such amount to carry out demonstration and 
pilot projects, multiservice projects, and multistate projects
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† HR 803 EAS 
relating to the employment and training needs of dislocated 
workers. Of the requirements of this section, such projects 
shall be subject only to the provisions relating to review and 
evaluation of applications under subsection (b)(6)(C). Such 
projects may include demonstration and pilot projects relat-
ing to promoting self-employment, promoting job creation, 
averting dislocations, assisting dislocated farmers, assisting 
dislocated fishermen, and promoting public works. Such 
projects shall be administered by the Secretary, acting 
through the Assistant Secretary for Employment and 
Training. 
SEC. 170. NATIONAL DISLOCATED WORKER GRANTS. 
(a) DEFINITIONS.—In this section: 
(1) 
EMERGENCY
OR
DISASTER.—The 
term 
‘‘emergency or disaster’’ means— 
(A) an emergency or a major disaster, as 
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 (1) and (2)); or 
(B) an emergency or disaster situation of 
national significance that could result in a po-
tentially large loss of employment, as declared or 
otherwise recognized by the chief official of a 
Federal agency with authority for or jurisdiction
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† HR 803 EAS 
over the Federal response to the emergency or 
disaster situation. 
(2) DISASTER AREA.—The term ‘‘disaster area’’ 
means an area that has suffered or in which has oc-
curred an emergency or disaster. 
(b) IN GENERAL.— 
(1) GRANTS.—The Secretary is authorized to 
award national dislocated worker grants— 
(A) to an entity described in subsection 
(c)(1)(B) 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 instal-
lations; 
(B) to provide assistance to— 
(i) the Governor of any State within 
the boundaries of which is a disaster area, 
to provide disaster relief employment in the 
disaster area; or 
(ii) the Governor of any State to which 
a substantial number of workers from an 
area in which an emergency or disaster has 
been declared or otherwise recognized have 
relocated;
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† HR 803 EAS 
(C) to provide additional assistance to a 
State board or local board for eligible dislocated 
workers in a case in which the State board or 
local board has expended the funds provided 
under this section to carry out activities de-
scribed in subparagraphs (A) and (B) and can 
demonstrate the need for additional funds to pro-
vide appropriate services for such workers, in ac-
cordance with requirements prescribed by the 
Secretary; and 
(D) to provide additional assistance to a 
State board or local board serving an area 
where— 
(i) a higher-than-average demand for 
employment and training activities for dis-
located members of the Armed Forces, 
spouses described in section 3(15)(E), or 
members of the Armed Forces described in 
subsection (c)(2)(A)(iv), exceeds State and 
local resources for providing such activities; 
and 
(ii) such activities are to be carried out 
in partnership with the Department of De-
fense and Department of Veterans Affairs 
transition assistance programs.
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† HR 803 EAS 
(2) DECISIONS
AND
OBLIGATIONS.—The Sec-
retary shall issue a final decision on an application 
for a national dislocated worker grant under this sub-
section not later than 45 calendar days after receipt 
of the application. The Secretary shall issue a notice 
of obligation for such grant not later than 10 days 
after the award of such grant. 
(c) EMPLOYMENT
AND TRAINING ASSISTANCE RE-
QUIREMENTS.— 
(1) GRANT RECIPIENT ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to receive 
a grant under subsection (b)(1)(A), an entity 
shall submit an application to the Secretary at 
such time, in such manner, and containing such 
information as the Secretary may require. 
(B) ELIGIBLE ENTITY.—In this paragraph, 
the term ‘‘entity’’ means a State, a local board, 
an entity described in section 166(c), an entity 
determined to be eligible by the Governor of the 
State involved, and any other entity that dem-
onstrates to the Secretary the capability to effec-
tively respond to the circumstances relating to 
particular dislocations. 
(2) PARTICIPANT ELIGIBILITY.—
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† HR 803 EAS 
(A) IN GENERAL.—In order to be eligible to 
receive employment and training assistance 
under a national dislocated worker grant award-
ed pursuant to subsection (b)(1)(A), an indi-
vidual shall be— 
(i) a dislocated worker; 
(ii) a civilian employee of the Depart-
ment of Defense or the Department of En-
ergy employed at a military installation 
that is being closed, or that will undergo re-
alignment, within the next 24 months after 
the date of the determination of eligibility; 
(iii) an individual who is employed in 
a nonmanagerial position with a Depart-
ment of Defense contractor, who is deter-
mined by the Secretary of Defense to be at 
risk of termination from employment as a 
result of reductions in defense expenditures, 
and whose employer is converting oper-
ations from defense to nondefense applica-
tions in order to prevent worker layoffs; or 
(iv) a member of the Armed Forces 
who— 
(I) was on active duty or full-time 
National Guard duty;
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† HR 803 EAS 
(II)(aa) is involuntarily sepa-
rated (as defined in section 1141 of 
title 10, United States Code) from ac-
tive duty or full-time National Guard 
duty; or 
(bb) is separated from active duty 
or full-time National Guard duty pur-
suant to a special separation benefits 
program under section 1174a of title 
10, United States Code, or the vol-
untary separation incentive program 
under section 1175 of that title; 
(III) is not entitled to retired or 
retained pay incident to the separation 
described in subclause (II); and 
(IV) applies for such employment 
and training assistance before the end 
of the 180-day period beginning on the 
date of that separation. 
(B) RETRAINING
ASSISTANCE.—The indi-
viduals described in subparagraph (A)(iii) shall 
be eligible for retraining assistance to upgrade 
skills by obtaining marketable skills needed to 
support the conversion described in subpara-
graph (A)(iii).
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† HR 803 EAS 
(C) ADDITIONAL REQUIREMENTS.—The Sec-
retary shall establish and publish additional re-
quirements related to eligibility for employment 
and training assistance under the national dis-
located worker grants to ensure effective use of 
the funds available for this purpose. 
(D) DEFINITIONS.—In this paragraph, the 
terms ‘‘military installation’’ and ‘‘realignment’’ 
have the meanings given the terms in section 
2910 of the Defense Base Closure and Realign-
ment Act of 1990 (Public Law 101–510; 10 
U.S.C. 2687 note). 
(d) DISASTER RELIEF EMPLOYMENT ASSISTANCE RE-
QUIREMENTS.— 
(1) IN GENERAL.—Funds made available under 
subsection (b)(1)(B)— 
(A) shall be used, in coordination with the 
Administrator of the Federal Emergency Man-
agement Agency, as applicable, to provide dis-
aster relief employment on projects that provide 
food, clothing, shelter, and other humanitarian 
assistance for emergency and disaster victims, 
and projects regarding demolition, cleaning, re-
pair, renovation, and reconstruction of damaged 
and destroyed structures, facilities, and lands lo-
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† HR 803 EAS 
cated within the disaster area and in offshore 
areas related to the emergency or disaster; 
(B) may be expended through public and 
private agencies and organizations engaged in 
such projects; and 
(C) may be expended to provide employ-
ment and training activities. 
(2) ELIGIBILITY.—An individual shall be eligible 
to be offered disaster relief employment under sub-
section (b)(1)(B) if such individual— 
(A) is a dislocated worker; 
(B) is a long-term unemployed individual; 
(C) is temporarily or permanently laid off 
as a consequence of the emergency or disaster; or 
(D) in the case of an individual who is self- 
employed, becomes unemployed or significantly 
underemployed as a result of the emergency or 
disaster. 
(3) LIMITATIONS ON DISASTER RELIEF EMPLOY-
MENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), no individual shall be em-
ployed under subsection (b)(1)(B) for more than 
12 months for work related to recovery from a 
single emergency or disaster.
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(B) EXTENSION.—At the request of a State, 
the Secretary may extend such employment, re-
lated to recovery from a single emergency or dis-
aster involving the State, for not more than an 
additional 12 months. 
(4) USE
OF
AVAILABLE
FUNDS.—Funds made 
available under subsection (b)(1)(B) shall be available 
to assist workers described in paragraph (2) who are 
affected by an emergency or disaster, including work-
ers who have relocated from an area in which an 
emergency or disaster has been declared or otherwise 
recognized, as appropriate. Under conditions deter-
mined by the Secretary and following notification to 
the Secretary, a State may use such funds, that are 
appropriated for any fiscal year and available for ex-
penditure under any grant awarded to the State 
under this section, to provide any assistance author-
ized under this subsection. Funds used pursuant to 
the authority provided under this paragraph shall be 
subject to the liability and reimbursement require-
ments described in paragraph (5). 
(5) LIABILITY AND REIMBURSEMENT.—Nothing 
in this Act shall be construed to relieve liability, by 
a responsible party that is liable under Federal law, 
for any costs incurred by the United States under
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† HR 803 EAS 
subsection (b)(1)(B) or this subsection, including the 
responsibility to provide reimbursement for such costs 
to the United States. 
SEC. 171. YOUTHBUILD PROGRAM. 
(a) STATEMENT OF PURPOSE.—The purposes of this 
section are— 
(1) to enable disadvantaged youth to obtain the 
education and employment skills necessary to achieve 
economic self-sufficiency in occupations in demand 
and postsecondary education and training opportuni-
ties; 
(2) to provide disadvantaged youth with oppor-
tunities for meaningful work and service to their com-
munities; 
(3) to foster the development of employment and 
leadership skills and commitment to community de-
velopment among youth in low-income communities; 
(4) to expand the supply of permanent affordable 
housing for homeless individuals and low-income fam-
ilies by utilizing the energies and talents of disadvan-
taged youth; and 
(5) to improve the quality and energy efficiency 
of community and other nonprofit and public facili-
ties, including those facilities that are used to serve 
homeless and low-income families.
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† HR 803 EAS 
(b) DEFINITIONS.—In this section: 
(1) ADJUSTED INCOME.—The term ‘‘adjusted in-
come’’ has the meaning given the term in section 3(b) 
of the United States Housing Act of 1937 (42 U.S.C. 
1437a(b)). 
(2) APPLICANT.—The term ‘‘applicant’’ means 
an eligible entity that has submitted an application 
under subsection (c). 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a public or private nonprofit agency or or-
ganization (including a consortium of such agencies 
or organizations), including— 
(A) a community-based organization; 
(B) a faith-based organization; 
(C) an entity carrying out activities under 
this title, such as a local board; 
(D) a community action agency; 
(E) a State or local housing development 
agency; 
(F) an Indian tribe or other agency pri-
marily serving Indians; 
(G) a community development corporation; 
(H) a State or local youth service or con-
servation corps; and
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† HR 803 EAS 
(I) any other entity eligible to provide edu-
cation or employment training under a Federal 
program (other than the program carried out 
under this section). 
(4) HOMELESS INDIVIDUAL.—The term ‘‘home-
less individual’’ means a homeless individual (as de-
fined in section 41403(6) of the Violence Against 
Women Act of 1994 (42 U.S.C. 14043e–2(6))) or a 
homeless child or youth (as defined in section 725(2) 
of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11434a(2))). 
(5) HOUSING DEVELOPMENT AGENCY.—The term 
‘‘housing development agency’’ means any agency of 
a State or local government, or any private nonprofit 
organization, that is engaged in providing housing 
for homeless individuals or low-income families. 
(6) INCOME.—The term ‘‘income’’ has the mean-
ing given the term in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)). 
(7) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ 
and ‘‘Indian tribe’’ have the meanings given such 
terms in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(8) LOW-INCOME
FAMILY.—The term ‘‘low-in-
come family’’ means a family described in section
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† HR 803 EAS 
3(b)(2) of the United States Housing Act of 1937 (42 
U.S.C. 1437a(b)(2)). 
(9) QUALIFIED NATIONAL NONPROFIT AGENCY.— 
The term ‘‘qualified national nonprofit agency’’ 
means a nonprofit agency that— 
(A) has significant national experience pro-
viding services consisting of training, informa-
tion, technical assistance, and data management 
to YouthBuild programs or similar projects; and 
(B) has the capacity to provide those serv-
ices. 
(10) REGISTERED APPRENTICESHIP PROGRAM.— 
The term ‘‘registered apprenticeship program’’ means 
an apprenticeship program— 
(A) registered under the Act of August 16, 
1937 (commonly known as the ‘‘National Ap-
prenticeship Act’’; 50 Stat. 664, chapter 663; 29 
U.S.C. 50 et seq.); and 
(B) that meets such other criteria as may be 
established by the Secretary under this section. 
(11) TRANSITIONAL HOUSING.—The term ‘‘tran-
sitional housing’’ has the meaning given the term in 
section 401(29) of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11360(29)).
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† HR 803 EAS 
(12) 
YOUTHBUILD
PROGRAM.—The 
term 
‘‘YouthBuild program’’ means any program that re-
ceives assistance under this section and provides dis-
advantaged youth with opportunities for employment, 
education, leadership development, and training 
through the rehabilitation (which, for purposes of this 
section, shall include energy efficiency enhancements) 
or construction of housing for homeless individuals 
and low-income families, and of public facilities. 
(c) YOUTHBUILD GRANTS.— 
(1) AMOUNTS OF GRANTS.—The Secretary is au-
thorized to make grants to applicants for the purpose 
of carrying out YouthBuild programs approved under 
this section. 
(2) ELIGIBLE ACTIVITIES.—An entity that re-
ceives a grant under this subsection shall use the 
funds made available through the grant to carry out 
a YouthBuild program, which may include the fol-
lowing activities: 
(A) Education and workforce investment ac-
tivities including— 
(i) work experience and skills training 
(coordinated, to the maximum extent fea-
sible, with preapprenticeship and registered 
apprenticeship programs) in the activities
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† HR 803 EAS 
described in subparagraphs (B) and (C) re-
lated to rehabilitation or construction, and, 
if approved by the Secretary, in additional 
in-demand industry sectors or occupations 
in the region in which the program oper-
ates; 
(ii) occupational skills training; 
(iii) other paid and unpaid work expe-
riences, including internships and job shad-
owing; 
(iv) services and activities designed to 
meet the educational needs of participants, 
including— 
(I) basic skills instruction and re-
medial education; 
(II) language instruction edu-
cational programs for participants 
who are English language learners; 
(III) secondary education services 
and 
activities, 
including 
tutoring, 
study skills training, and school drop-
out prevention and recovery activities, 
designed to lead to the attainment of a 
secondary school diploma or its recog-
nized equivalent (including recognized
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† HR 803 EAS 
certificates of attendance or similar 
documents for individuals with disabil-
ities); 
(IV) counseling and assistance in 
obtaining postsecondary education and 
required financial aid; and 
(V) alternative secondary school 
services; 
(v) counseling services and related ac-
tivities, such as comprehensive guidance 
and counseling on drug and alcohol abuse 
and referral; 
(vi) activities designed to develop em-
ployment and leadership skills, which may 
include community service and peer-cen-
tered activities encouraging responsibility 
and other positive social behaviors, and ac-
tivities related to youth policy committees 
that participate in decision-making related 
to the program; 
(vii) supportive services and provision 
of need-based stipends necessary to enable 
individuals to participate in the program 
and to assist individuals, for a period not 
to exceed 12 months after the completion of
417 
† HR 803 EAS 
training, in obtaining or retaining employ-
ment, or applying for and transitioning to 
postsecondary education or training; and 
(viii) job search and assistance. 
(B) Supervision and training for partici-
pants in the rehabilitation or construction of 
housing, including residential housing for home-
less individuals or low-income families, or tran-
sitional housing for homeless individuals, and, if 
approved by the Secretary, in additional in-de-
mand industry sectors or occupations in the re-
gion in which the program operates. 
(C) Supervision and training for partici-
pants— 
(i) in the rehabilitation or construction 
of community and other public facilities, 
except that not more than 15 percent of 
funds appropriated to carry out this section 
may be used for such supervision and train-
ing; and 
(ii) if approved by the Secretary, in 
additional in-demand industry sectors or 
occupations in the region in which the pro-
gram operates.
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† HR 803 EAS 
(D) Payment of administrative costs of the 
applicant, including recruitment and selection of 
participants, except that not more than 10 per-
cent of the amount of assistance provided under 
this subsection to the grant recipient may be 
used for such costs. 
(E) Adult mentoring. 
(F) Provision of wages, stipends, or benefits 
to participants in the program. 
(G) Ongoing training and technical assist-
ance that are related to developing and carrying 
out the program. 
(H) Follow-up services. 
(3) APPLICATION.— 
(A) FORM AND PROCEDURE.—To be quali-
fied to receive a grant under this subsection, an 
eligible entity shall submit an application at 
such time, in such manner, and containing such 
information as the Secretary may require. 
(B) MINIMUM
REQUIREMENTS.—The Sec-
retary shall require that the application contain, 
at a minimum— 
(i) labor market information for the 
labor market area where the proposed pro-
gram will be implemented, including both
419 
† HR 803 EAS 
current data (as of the date of submission 
of the application) and projections on ca-
reer opportunities in construction and in- 
demand industry sectors or occupations; 
(ii) a request for the grant, specifying 
the amount of the grant requested and its 
proposed uses; 
(iii) a description of the applicant and 
a statement of its qualifications, including 
a description of the applicant’s relationship 
with local boards, one-stop operators, local 
unions, entities carrying out registered ap-
prenticeship programs, other community 
groups, and employers, and the applicant’s 
past experience, if any, with rehabilitation 
or construction of housing or public facili-
ties, and with youth education and employ-
ment training programs; 
(iv) a description of the proposed site 
for the proposed program; 
(v) a description of the educational 
and job training activities, work opportuni-
ties, postsecondary education and training 
opportunities, and other services that will 
be provided to participants, and how those
420 
† HR 803 EAS 
activities, opportunities, and services will 
prepare youth for employment in in-de-
mand industry sectors or occupations in the 
labor market area described in clause (i); 
(vi)(I) a description of the proposed 
activities to be undertaken under the grant 
related to rehabilitation or construction, 
and, in the case of an applicant requesting 
approval from the Secretary to also carry 
out additional activities related to in-de-
mand industry sectors or occupations, a de-
scription of such additional proposed activi-
ties; and 
(II) the anticipated schedule for car-
rying out all activities proposed under sub-
clause (I); 
(vii) a description of the manner in 
which eligible youth will be recruited and 
selected as participants, including a de-
scription of arrangements that will be made 
with local boards, one-stop operators, faith- 
and community-based organizations, State 
educational agencies or local educational 
agencies (including agencies of Indian 
tribes), public assistance agencies, the courts
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† HR 803 EAS 
of jurisdiction, agencies operating shelters 
for homeless individuals and other agencies 
that serve youth who are homeless individ-
uals, foster care agencies, and other appro-
priate public and private agencies; 
(viii) a description of the special out-
reach efforts that will be undertaken to re-
cruit eligible young women (including 
young women with dependent children) as 
participants; 
(ix) a description of the specific role of 
employers in the proposed program, such as 
their role in developing the proposed pro-
gram and assisting in service provision and 
in placement activities; 
(x) a description of how the proposed 
program will be coordinated with other Fed-
eral, State, and local activities and activi-
ties conducted by Indian tribes, such as 
local workforce investment activities, career 
and technical education and training pro-
grams, adult and language instruction edu-
cational programs, activities conducted by 
public schools, activities conducted by com-
munity colleges, national service programs,
422 
† HR 803 EAS 
and other job training provided with funds 
available under this title; 
(xi) assurances that there will be a suf-
ficient number of adequately trained super-
visory personnel in the proposed program; 
(xii) a description of the levels of per-
formance to be achieved with respect to the 
primary indicators of performance for eligi-
ble 
youth 
described 
in 
section 
116(b)(2)(A)(ii); 
(xiii) a description of the applicant’s 
relationship with local building trade 
unions regarding their involvement in 
training to be provided through the pro-
posed program, the relationship of the pro-
posed program to established registered ap-
prenticeship programs and employers, the 
ability of the applicant to grant an indus-
try-recognized certificate or certification 
through the program, and the quality of the 
program leading to the certificate or certifi-
cation; 
(xiv) a description of activities that 
will be undertaken to develop the leadership 
skills of participants;
423 
† HR 803 EAS 
(xv) a detailed budget and a descrip-
tion of the system of fiscal controls, and au-
diting and accountability procedures, that 
will be used to ensure fiscal soundness for 
the proposed program; 
(xvi) a description of the commitments 
for any additional resources (in addition to 
the funds made available through the grant) 
to be made available to the proposed pro-
gram from— 
(I) the applicant; 
(II) recipients of other Federal, 
State, or local housing and community 
development assistance that will spon-
sor any part of the rehabilitation or 
construction, operation and mainte-
nance, or other housing and commu-
nity development activities undertaken 
as part of the proposed program; or 
(III) entities carrying out other 
Federal, State, or local activities or ac-
tivities conducted by Indian tribes, in-
cluding career and technical education 
and training programs, adult and lan-
guage instruction educational pro-
424 
† HR 803 EAS 
grams, and job training provided with 
funds available under this title; 
(xvii) information identifying, and a 
description of, the financing proposed for 
any— 
(I) rehabilitation of the property 
involved; 
(II) acquisition of the property; or 
(III) construction of the property; 
(xviii) information identifying, and a 
description of, the entity that will operate 
and manage the property; 
(xix) information identifying, and a 
description of, the data collection systems to 
be used; 
(xx) a certification, by a public official 
responsible for the housing strategy for the 
State or unit of general local government 
within which the proposed program is lo-
cated, that the proposed program is con-
sistent with the housing strategy; and 
(xxi) a certification that the applicant 
will comply with the requirements of the 
Fair Housing Act (42 U.S.C. 3601 et seq.) 
and will affirmatively further fair housing.
425 
† HR 803 EAS 
(4) SELECTION CRITERIA.—For an applicant to 
be eligible to receive a grant under this subsection, the 
applicant and the applicant’s proposed program shall 
meet such selection criteria as the Secretary shall es-
tablish under this section, which shall include criteria 
relating to— 
(A) the qualifications or potential capabili-
ties of an applicant; 
(B) an applicant’s potential for developing 
a successful YouthBuild program; 
(C) the need for an applicant’s proposed 
program, as determined by the degree of eco-
nomic distress of the community from which 
participants would be recruited (measured by in-
dicators such as poverty, youth unemployment, 
and the number of individuals who have dropped 
out of secondary school) and of the community 
in which the housing and community and public 
facilities proposed to be rehabilitated or con-
structed is located (measured by indicators such 
as incidence of homelessness, shortage of afford-
able housing, and poverty); 
(D) the commitment of an applicant to pro-
viding skills training, leadership development, 
and education to participants;
426 
† HR 803 EAS 
(E) the focus of a proposed program on pre-
paring youth for in-demand industry sectors or 
occupations, or postsecondary education and 
training opportunities; 
(F) the extent of an applicant’s coordina-
tion of activities to be carried out through the 
proposed program with local boards, one-stop op-
erators, and one-stop partners participating in 
the operation of the one-stop delivery system in-
volved, or the extent of the applicant’s good faith 
efforts in achieving such coordination; 
(G) the extent of the applicant’s coordina-
tion of activities with public education, criminal 
justice, housing and community development, 
national service, or postsecondary education or 
other systems that relate to the goals of the pro-
posed program; 
(H) the extent of an applicant’s coordina-
tion of activities with employers in the local area 
involved; 
(I) the extent to which a proposed program 
provides for inclusion of tenants who were pre-
viously homeless individuals in the rental hous-
ing provided through the program;
427 
† HR 803 EAS 
(J) the commitment of additional resources 
(in addition to the funds made available through 
the grant) to a proposed program by— 
(i) an applicant; 
(ii) recipients of other Federal, State, 
or local housing and community develop-
ment assistance who will sponsor any part 
of the rehabilitation or construction, oper-
ation and maintenance, or other housing 
and community development activities un-
dertaken as part of the proposed program; 
or 
(iii) entities carrying out other Fed-
eral, State, or local activities or activities 
conducted by Indian tribes, including career 
and technical education and training pro-
grams, adult and language instruction edu-
cational programs, and job training pro-
vided with funds available under this title; 
(K) the applicant’s potential to serve dif-
ferent regions, including rural areas and States 
that have not previously received grants for 
YouthBuild programs; and 
(L) such other factors as the Secretary de-
termines to be appropriate for purposes of car-
428 
† HR 803 EAS 
rying out the proposed program in an effective 
and efficient manner. 
(5) APPROVAL.—To the extent practicable, the 
Secretary shall notify each applicant, not later than 
5 months after the date of receipt of the application 
by the Secretary, whether the application is approved 
or not approved. 
(d) USE OF HOUSING UNITS.—Residential housing 
units rehabilitated or constructed using funds made avail-
able under subsection (c), shall be available solely— 
(1) for rental by, or sale to, homeless individuals 
or low-income families; or 
(2) for use as transitional or permanent housing, 
for the purpose of assisting in the movement of home-
less individuals to independent living. 
(e) ADDITIONAL PROGRAM REQUIREMENTS.— 
(1) ELIGIBLE PARTICIPANTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an individual may partici-
pate in a YouthBuild program only if such indi-
vidual is— 
(i) not less than age 16 and not more 
than age 24, on the date of enrollment; 
(ii) a member of a low-income family, 
a youth in foster care (including youth
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† HR 803 EAS 
aging out of foster care), a youth offender, 
a youth who is an individual with a dis-
ability, a child of incarcerated parents, or 
a migrant youth; and 
(iii) a school dropout, or an individual 
who was a school dropout and has subse-
quently reenrolled. 
(B) EXCEPTION
FOR
INDIVIDUALS
NOT 
MEETING INCOME OR EDUCATIONAL NEED RE-
QUIREMENTS.—Not more than 25 percent of the 
participants in such program may be individ-
uals who do not meet the requirements of clause 
(ii) or (iii) of subparagraph (A), but who— 
(i) are basic skills deficient, despite at-
tainment of a secondary school diploma or 
its recognized equivalent (including recog-
nized certificates of attendance or similar 
documents for individuals with disabilities); 
or 
(ii) have been referred by a local sec-
ondary school for participation in a 
YouthBuild program leading to the attain-
ment of a secondary school diploma. 
(2) PARTICIPATION LIMITATION.—An eligible in-
dividual selected for participation in a YouthBuild
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† HR 803 EAS 
program shall be offered full-time participation in the 
program for a period of not less than 6 months and 
not more than 24 months. 
(3) MINIMUM TIME DEVOTED TO EDUCATIONAL 
SERVICES AND ACTIVITIES.—A YouthBuild program 
receiving assistance under subsection (c) shall be 
structured so that participants in the program are of-
fered— 
(A) education and related services and ac-
tivities designed to meet educational needs, such 
as those specified in clauses (iv) through (vii) of 
subsection (c)(2)(A), during at least 50 percent 
of the time during which the participants par-
ticipate in the program; and 
(B) work and skill development activities, 
such as those specified in clauses (i), (ii), (iii), 
and (viii) of subsection (c)(2)(A), during at least 
40 percent of the time during which the partici-
pants participate in the program. 
(4) AUTHORITY RESTRICTION.—No provision of 
this section may be construed to authorize any agen-
cy, officer, or employee of the United States to exer-
cise any direction, supervision, or control over the 
curriculum, program of instruction, administration, 
or personnel of any educational institution (including
431 
† HR 803 EAS 
a school) or school system, or over the selection of li-
brary resources, textbooks, or other printed or pub-
lished instructional materials by any educational in-
stitution or school system. 
(5) STATE
AND
LOCAL
STANDARDS.—All edu-
cational programs and activities supported with 
funds provided under subsection (c) shall be consistent 
with applicable State and local educational stand-
ards. Standards and procedures for the programs and 
activities that relate to awarding academic credit for 
and certifying educational attainment in such pro-
grams and activities shall be consistent with applica-
ble State and local educational standards. 
(f) LEVELS OF PERFORMANCE AND INDICATORS.— 
(1) IN GENERAL.—The Secretary shall annually 
establish 
expected 
levels 
of 
performance 
for 
YouthBuild programs relating to each of the primary 
indicators of performance for eligible youth activities 
described in section 116(b)(2)(A)(ii). 
(2) ADDITIONAL
INDICATORS.—The Secretary 
may establish expected levels of performance for addi-
tional indicators for YouthBuild programs, as the 
Secretary determines appropriate. 
(g) MANAGEMENT AND TECHNICAL ASSISTANCE.—
432 
† HR 803 EAS 
(1) SECRETARY
ASSISTANCE.—The Secretary 
may enter into contracts with 1 or more entities to 
provide assistance to the Secretary in the manage-
ment, supervision, and coordination of the program 
carried out under this section. 
(2) TECHNICAL ASSISTANCE.— 
(A) CONTRACTS
AND
GRANTS.—The Sec-
retary shall enter into contracts with or make 
grants to 1 or more qualified national nonprofit 
agencies, in order to provide training, informa-
tion, technical assistance, program evaluation, 
and data management to recipients of grants 
under subsection (c). 
(B) RESERVATION
OF
FUNDS.—Of the 
amounts available under subsection (i) to carry 
out this section for a fiscal year, the Secretary 
shall reserve 5 percent to carry out subparagraph 
(A). 
(3) CAPACITY BUILDING GRANTS.— 
(A) IN GENERAL.—In each fiscal year, the 
Secretary may use not more than 3 percent of 
the amounts available under subsection (i) to 
award grants to 1 or more qualified national 
nonprofit agencies to pay for the Federal share 
of the cost of capacity building activities.
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† HR 803 EAS 
(B) FEDERAL SHARE.—The Federal share 
of the cost described in subparagraph (A) shall 
be 25 percent. The non-Federal share shall be 
provided from private sources. 
(h) SUBGRANTS AND CONTRACTS.—Each recipient of 
a grant under subsection (c) to carry out a YouthBuild pro-
gram shall provide the services and activities described in 
this section directly or through subgrants, contracts, or 
other arrangements with local educational agencies, institu-
tions of higher education, State or local housing develop-
ment agencies, other public agencies, including agencies of 
Indian tribes, or private organizations. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section— 
(1) $77,534,000 for fiscal year 2015; 
(2) $83,523,000 for fiscal year 2016; 
(3) $85,256,000 for fiscal year 2017; 
(4) $87,147,000 for fiscal year 2018; 
(5) $89,196,000 for fiscal year 2019; and 
(6) $91,087,000 for fiscal year 2020. 
SEC. 172. AUTHORIZATION OF APPROPRIATIONS. 
(a) NATIVE AMERICAN PROGRAMS.—There are author-
ized to be appropriated to carry out section 166 (not includ-
ing subsection (k) of such section)— 
(1) $46,082,000 for fiscal year 2015;
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† HR 803 EAS 
(2) $49,641,000 for fiscal year 2016; 
(3) $50,671,000 for fiscal year 2017; 
(4) $51,795,000 for fiscal year 2018; 
(5) $53,013,000 for fiscal year 2019; and 
(6) $54,137,000 for fiscal year 2020. 
(b) MIGRANT
AND SEASONAL FARMWORKER PRO-
GRAMS.—There are authorized to be appropriated to carry 
out section 167— 
(1) $81,896,000 for fiscal year 2015; 
(2) $88,222,000 for fiscal year 2016; 
(3) $90,052,000 for fiscal year 2017; 
(4) $92,050,000 for fiscal year 2018; 
(5) $94,214,000 for fiscal year 2019; and 
(6) $96,211,000 for fiscal year 2020. 
(c) TECHNICAL ASSISTANCE.—There are authorized to 
be appropriated to carry out section 168— 
(1) $3,000,000 for fiscal year 2015; 
(2) $3,232,000 for fiscal year 2016; 
(3) $3,299,000 for fiscal year 2017; 
(4) $3,372,000 for fiscal year 2018; 
(5) $3,451,000 for fiscal year 2019; and 
(6) $3,524,000 for fiscal year 2020. 
(d) EVALUATIONS AND RESEARCH.—There are author-
ized to be appropriated to carry out section 169— 
(1) $91,000,000 for fiscal year 2015;
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† HR 803 EAS 
(2) $98,029,000 for fiscal year 2016; 
(3) $100,063,000 for fiscal year 2017; 
(4) $102,282,000 for fiscal year 2018; 
(5) $104,687,000 for fiscal year 2019; and 
(6) $106,906,000 for fiscal year 2020. 
(e) ASSISTANCE FOR VETERANS.—If, as of the date of 
enactment of this Act, any unobligated funds appropriated 
to carry out section 168 of the Workforce Investment Act 
of 1998, as in effect on the day before the date of enactment 
of this Act, remain available, the Secretary of Labor shall 
continue to use such funds to carry out such section, as in 
effect on such day, until all of such funds are expended. 
(f) ASSISTANCE FOR ELIGIBLE WORKERS.—If, as of 
the date of enactment of this Act, any unobligated funds 
appropriated to carry out subsections (f) and (g) of section 
173 of the Workforce Investment Act of 1998, as in effect 
on the day before the date of enactment of this Act, remain 
available, the Secretary of Labor shall continue to use such 
funds to carry out such subsections, as in effect on such 
day, until all of such funds are expended. 
Subtitle E—Administration 
SEC. 181. REQUIREMENTS AND RESTRICTIONS. 
(a) BENEFITS.— 
(1) WAGES.—
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(A) IN GENERAL.—Individuals in on-the-job 
training or individuals employed in activities 
under this title shall be compensated at the same 
rates, including periodic increases, as trainees or 
employees who are similarly situated in similar 
occupations by the same employer and who have 
similar training, experience, and skills, and such 
rates shall be in accordance with applicable law, 
but in no event less than the higher of the rate 
specified in section 6(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or 
the applicable State or local minimum wage law. 
(B) RULE
OF
CONSTRUCTION.—The ref-
erence in subparagraph (A) to section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(a)(1)) shall not be applicable for in-
dividuals in territorial jurisdictions in which 
section 6(a)(1) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 206(a)(1)) does not apply. 
(2) TREATMENT
OF
ALLOWANCES, EARNINGS, 
AND
PAYMENTS.—Allowances, earnings, and pay-
ments to individuals participating in programs 
under this title shall not be considered as income for 
the purposes of determining eligibility for and the 
amount of income transfer and in-kind aid furnished
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† HR 803 EAS 
under any Federal or federally assisted program 
based on need, other than as provided under the So-
cial Security Act (42 U.S.C. 301 et seq.). 
(b) LABOR STANDARDS.— 
(1) LIMITATIONS ON ACTIVITIES THAT IMPACT 
WAGES
OF
EMPLOYEES.—No funds provided under 
this title shall be used to pay the wages of incumbent 
employees during their participation in economic de-
velopment activities provided through a statewide 
workforce development system. 
(2) DISPLACEMENT.— 
(A) PROHIBITION.—A participant in a pro-
gram or activity authorized under this title (re-
ferred to in this section as a ‘‘specified activity’’) 
shall not displace (including a partial displace-
ment, such as a reduction in the hours of non-
overtime work, wages, or employment benefits) 
any currently employed employee (as of the date 
of the participation). 
(B) PROHIBITION ON IMPAIRMENT OF CON-
TRACTS.—A specified activity shall not impair 
an existing contract for services or collective bar-
gaining agreement, and no such activity that 
would be inconsistent with the terms of a collec-
tive bargaining agreement shall be undertaken
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without the written concurrence of the labor or-
ganization and employer concerned. 
(3) OTHER PROHIBITIONS.—A participant in a 
specified activity shall not be employed in a job if— 
(A) any other individual is on layoff from 
the same or any substantially equivalent job; 
(B) the employer has terminated the em-
ployment of any regular employee or otherwise 
reduced the workforce of the employer with the 
intention of filling the vacancy so created with 
the participant; or 
(C) the job is created in a promotional line 
that will infringe in any way upon the pro-
motional opportunities of currently employed in-
dividuals (as of the date of the participation). 
(4) HEALTH AND SAFETY.—Health and safety 
standards established under Federal and State law 
otherwise applicable to working conditions of employ-
ees shall be equally applicable to working conditions 
of participants engaged in specified activities. To the 
extent that a State workers’ compensation law ap-
plies, workers’ compensation shall be provided to par-
ticipants on the same basis as the compensation is 
provided to other individuals in the State in similar 
employment.
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(5) EMPLOYMENT CONDITIONS.—Individuals in 
on-the-job training or individuals employed in pro-
grams and activities under this title shall be provided 
benefits and working conditions at the same level and 
to the same extent as other trainees or employees 
working a similar length of time and doing the same 
type of work. 
(6) OPPORTUNITY TO SUBMIT COMMENTS.—In-
terested members of the public, including representa-
tives of businesses and of labor organizations, shall be 
provided an opportunity to submit comments to the 
Secretary with respect to programs and activities pro-
posed to be funded under subtitle B. 
(7) NO IMPACT ON UNION ORGANIZING.—Each 
recipient of funds under this title shall provide to the 
Secretary assurances that none of such funds will be 
used to assist, promote, or deter union organizing. 
(c) GRIEVANCE PROCEDURE.— 
(1) IN GENERAL.—Each State and local area re-
ceiving an allotment or allocation under this title 
shall establish and maintain a procedure for griev-
ances or complaints alleging violations of the require-
ments of this title from participants and other inter-
ested or affected parties. Such procedure shall include 
an opportunity for a hearing and be completed with-
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† HR 803 EAS 
in 60 days after the filing of the grievance or com-
plaint. 
(2) INVESTIGATION.— 
(A) IN GENERAL.—The Secretary shall in-
vestigate an allegation of a violation described in 
paragraph (1) if— 
(i) a decision relating to such violation 
has not been reached within 60 days after 
the date of the filing of the grievance or 
complaint and either party appeals to the 
Secretary; or 
(ii) a decision relating to such viola-
tion has been reached within such 60 days 
and the party to which such decision is ad-
verse appeals such decision to the Secretary. 
(B) ADDITIONAL REQUIREMENT.—The Sec-
retary shall make a final determination relating 
to an appeal made under subparagraph (A) no 
later than 120 days after receiving such appeal. 
(3) REMEDIES.—Remedies that may be imposed 
under this section for a violation of any requirement 
of this title shall be limited— 
(A) to suspension or termination of pay-
ments under this title;
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(B) to prohibition of placement of a partici-
pant with an employer that has violated any re-
quirement under this title; 
(C) where applicable, to reinstatement of an 
employee, payment of lost wages and benefits, 
and reestablishment of other relevant terms, con-
ditions, and privileges of employment; and 
(D) where appropriate, to other equitable 
relief. 
(4) RULE OF CONSTRUCTION.—Nothing in para-
graph (3) shall be construed to prohibit a grievant or 
complainant from pursuing a remedy authorized 
under another Federal, State, or local law for a viola-
tion of this title. 
(d) RELOCATION.— 
(1) PROHIBITION ON USE OF FUNDS TO ENCOUR-
AGE
OR
INDUCE
RELOCATION.—No funds provided 
under this title shall be used, or proposed for use, to 
encourage or induce the relocation of a business or 
part of a business if such relocation would result in 
a loss of employment for any employee of such busi-
ness at the original location and such original loca-
tion is within the United States. 
(2) PROHIBITION ON USE OF FUNDS AFTER RE-
LOCATION.—No funds provided under this title for an
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† HR 803 EAS 
employment or training activity shall be used for cus-
tomized or skill training, on-the-job training, incum-
bent worker training, transitional employment, or 
company-specific assessments of job applicants or em-
ployees, for any business or part of a business that 
has relocated, until the date that is 120 days after the 
date on which such business commences operations at 
the new location, if the relocation of such business or 
part of a business results in a loss of employment for 
any employee of such business at the original location 
and such original location is within the United 
States. 
(3) REPAYMENT.—If the Secretary determines 
that a violation of paragraph (1) or (2) has occurred, 
the Secretary shall require the State that has violated 
such paragraph (or that has provided funding to an 
entity that has violated such paragraph) to repay to 
the United States an amount equal to the amount ex-
pended in violation of such paragraph. 
(e) LIMITATION ON USE OF FUNDS.—No funds avail-
able to carry out an activity under this title shall be used 
for employment generating activities, investment in revolv-
ing loan funds, capitalization of businesses, investment in 
contract bidding resource centers, economic development ac-
tivities, or similar activities, that are not directly related
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† HR 803 EAS 
to training for eligible individuals under this title. No funds 
received to carry out an activity under subtitle B shall be 
used for foreign travel. 
(f) TESTING AND SANCTIONING FOR USE OF CON-
TROLLED SUBSTANCES.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, a State shall not be prohibited by 
the Federal Government from— 
(A) testing participants in programs under 
subtitle B for the use of controlled substances; 
and 
(B) sanctioning such participants who test 
positive for the use of such controlled substances. 
(2) ADDITIONAL REQUIREMENTS.— 
(A) PERIOD OF SANCTION.—In sanctioning 
participants in a program under subtitle B who 
test positive for the use of controlled substances— 
(i) with respect to the first occurrence 
for which a participant tests positive, a 
State may exclude the participant from the 
program for a period not to exceed 6 
months; and 
(ii) with respect to the second occur-
rence and each subsequent occurrence for 
which a participant tests positive, a State
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† HR 803 EAS 
may exclude the participant from the pro-
gram for a period not to exceed 2 years. 
(B) APPEAL.—The testing of participants 
and the imposition of sanctions under this sub-
section shall be subject to expeditious appeal in 
accordance with due process procedures estab-
lished by the State. 
(C) PRIVACY.—A State shall establish proce-
dures for testing participants for the use of con-
trolled substances that ensure a maximum degree 
of privacy for the participants. 
(3) FUNDING
REQUIREMENT.—In testing and 
sanctioning of participants for the use of controlled 
substances in accordance with this subsection, the 
only Federal funds that a State may use are the 
amounts made available for the administration of 
statewide workforce investment activities under sec-
tion 134(a)(3)(B). 
(g) SUBGRANT AUTHORITY.—A recipient of grant 
funds under this title shall have the authority to enter into 
subgrants in order to carry out the grant, subject to such 
conditions as the Secretary may establish. 
SEC. 182. PROMPT ALLOCATION OF FUNDS. 
(a) ALLOTMENTS
BASED
ON
LATEST
AVAILABLE 
DATA.—All allotments to States and grants to outlying
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† HR 803 EAS 
areas under this title shall be based on the latest available 
data and estimates satisfactory to the Secretary. All data 
relating to disadvantaged adults and disadvantaged youth 
shall be based on the most recent satisfactory data from the 
Bureau of the Census. 
(b) PUBLICATION IN FEDERAL REGISTER RELATING 
TO FORMULA FUNDS.—Whenever the Secretary allots funds 
required to be allotted under this title, the Secretary shall 
publish in a timely fashion in the Federal Register the 
amount proposed to be distributed to each recipient of the 
funds. 
(c) REQUIREMENT FOR FUNDS DISTRIBUTED BY FOR-
MULA.—All funds required to be allotted under section 127 
or 132 shall be allotted within 45 days after the date of 
enactment of the Act appropriating the funds, except that, 
if such funds are appropriated in advance as authorized 
by section 189(g), such funds shall be allotted or allocated 
not later than the March 31 preceding the program year 
for which such funds are to be available for obligation. 
(d) PUBLICATION IN FEDERAL REGISTER RELATING 
TO DISCRETIONARY FUNDS.—Whenever the Secretary uti-
lizes a formula to allot or allocate funds made available 
for distribution at the Secretary’s discretion under this 
title, the Secretary shall, not later than 30 days prior to 
such allotment or allocation, publish for comment in the
446 
† HR 803 EAS 
Federal Register the formula, the rationale for the formula, 
and the proposed amounts to be distributed to each State 
and local area. After consideration of any comments re-
ceived, the Secretary shall publish final allotments and allo-
cations in the Federal Register. 
(e) AVAILABILITY OF FUNDS.—Funds shall be made 
available under section 128, and funds shall be made avail-
able under section 133, for a local area not later than 30 
days after the date the funds are made available to the Gov-
ernor involved, under section 127 or 132 (as the case may 
be), or 7 days after the date the local plan for the area 
is approved, whichever is later. 
SEC. 183. MONITORING. 
(a) IN GENERAL.—The Secretary is authorized to 
monitor all recipients of financial assistance under this 
title to determine whether the recipients are complying with 
the provisions of this title, including the regulations issued 
under this title. 
(b) INVESTIGATIONS.—The Secretary may investigate 
any matter the Secretary determines to be necessary to de-
termine the compliance of the recipients with this title, in-
cluding the regulations issued under this title. The inves-
tigations authorized by this subsection may include exam-
ining records (including making certified copies of the 
records), questioning employees, and entering any premises
447 
† HR 803 EAS 
or onto any site in which any part of a program or activity 
of such a recipient is conducted or in which any of the 
records of the recipient are kept. 
(c) ADDITIONAL REQUIREMENT.—For the purpose of 
any investigation or hearing conducted under this title by 
the Secretary, the provisions of section 9 of the Federal 
Trade Commission Act (15 U.S.C. 49) (relating to the at-
tendance of witnesses and the production of documents) 
apply to the Secretary, in the same manner and to the same 
extent as the provisions apply to the Federal Trade Com-
mission. 
SEC. 184. FISCAL CONTROLS; SANCTIONS. 
(a) ESTABLISHMENT
OF
FISCAL
CONTROLS
BY 
STATES.— 
(1) IN
GENERAL.—Each State shall establish 
such fiscal control and fund accounting procedures as 
may be necessary to assure the proper disbursal of, 
and accounting for, Federal funds allocated to local 
areas under subtitle B. Such procedures shall ensure 
that all financial transactions carried out under sub-
title B are conducted and records maintained in ac-
cordance with generally accepted accounting prin-
ciples applicable in each State. 
(2) COST PRINCIPLES.—
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† HR 803 EAS 
(A) IN GENERAL.—Each State (including 
the Governor of the State), local area (including 
the chief elected official for the area), and pro-
vider receiving funds under this title shall com-
ply with the applicable uniform cost principles 
included in appropriate circulars or rules of the 
Office of Management and Budget for the type of 
entity receiving the funds. 
(B) EXCEPTION.—The funds made available 
to a State for administration of statewide work-
force investment activities in accordance with 
section 134(a)(3)(B) shall be allocable to the 
overall administration of workforce investment 
activities, but need not be specifically allocable 
to— 
(i) the administration of adult employ-
ment and training activities; 
(ii) the administration of dislocated 
worker employment and training activities; 
or 
(iii) the administration of youth work-
force investment activities. 
(3) 
UNIFORM
ADMINISTRATIVE
REQUIRE-
MENTS.—
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† HR 803 EAS 
(A) IN GENERAL.—Each State (including 
the Governor of the State), local area (including 
the chief elected official for the area), and pro-
vider receiving funds under this title shall com-
ply with the appropriate uniform administrative 
requirements for grants and agreements applica-
ble for the type of entity receiving the funds, as 
promulgated in circulars or rules of the Office of 
Management and Budget. 
(B) ADDITIONAL REQUIREMENT.—Procure-
ment transactions under this title between local 
boards and units of State or local governments 
shall be conducted only on a cost-reimbursable 
basis. 
(4) MONITORING.—Each Governor of a State 
shall conduct on an annual basis onsite monitoring 
of each local area within the State to ensure compli-
ance with the uniform administrative requirements 
referred to in paragraph (3). 
(5) ACTION BY GOVERNOR.—If the Governor de-
termines that a local area is not in compliance with 
the uniform administrative requirements referred to 
in paragraph (3), the Governor shall— 
(A) require corrective action to secure 
prompt compliance with the requirements; and
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† HR 803 EAS 
(B) impose the sanctions provided under 
subsection (b) in the event of failure to take the 
required corrective action. 
(6) CERTIFICATION.—The Governor shall, every 
2 years, certify to the Secretary that— 
(A) the State has implemented the uniform 
administrative requirements referred to in para-
graph (3); 
(B) the State has monitored local areas to 
ensure compliance with the uniform administra-
tive requirements as required under paragraph 
(4); and 
(C) the State has taken appropriate action 
to secure compliance with the requirements pur-
suant to paragraph (5). 
(7) ACTION
BY
THE
SECRETARY.—If the Sec-
retary determines that the Governor has not fulfilled 
the requirements of this subsection, the Secretary 
shall— 
(A) require corrective action to secure 
prompt compliance with the requirements of this 
subsection; and 
(B) impose the sanctions provided under 
subsection (e) in the event of failure of the Gov-
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† HR 803 EAS 
ernor to take the required appropriate action to 
secure compliance with the requirements. 
(b) SUBSTANTIAL VIOLATION.— 
(1) ACTION BY GOVERNOR.—If, as a result of fi-
nancial and compliance audits or otherwise, the Gov-
ernor determines that there is a substantial violation 
of a specific provision of this title, and corrective ac-
tion has not been taken, the Governor shall— 
(A) issue a notice of intent to revoke ap-
proval of all or part of the local plan affected; 
or 
(B) impose a reorganization plan, which 
may include— 
(i) decertifying the local board in-
volved; 
(ii) prohibiting the use of eligible pro-
viders; 
(iii) selecting an alternative entity to 
administer the program for the local area 
involved; 
(iv) merging the local area into one or 
more other local areas; or 
(v) making such other changes as the 
Secretary or Governor determines to be nec-
452 
† HR 803 EAS 
essary to secure compliance with the provi-
sion. 
(2) APPEAL.— 
(A) IN GENERAL.—The actions taken by the 
Governor pursuant to subparagraphs (A) and 
(B) of paragraph (1) may be appealed to the 
Secretary and shall not become effective until— 
(i) the time for appeal has expired; or 
(ii) the Secretary has issued a decision. 
(B) ADDITIONAL REQUIREMENT.—The Sec-
retary shall make a final decision under sub-
paragraph (A) not later than 45 days after the 
receipt of the appeal. 
(3) ACTION BY THE SECRETARY.—If the Gov-
ernor fails to take promptly an action required under 
paragraph (1), the Secretary shall take such action. 
(c) REPAYMENT
OF
CERTAIN
AMOUNTS
TO
THE 
UNITED STATES.— 
(1) IN
GENERAL.—Every recipient of funds 
under this title shall repay to the United States 
amounts found not to have been expended in accord-
ance with this title. 
(2) OFFSET
OF
REPAYMENT
AMOUNT.—If the 
Secretary determines that a State has expended funds 
received under this title in a manner contrary to the
453 
† HR 803 EAS 
requirements of this title, the Secretary may require 
repayment by offsetting the amount of such expendi-
tures against any other amount to which the State is 
or may be entitled under this title, except as provided 
under subsection (d)(1). 
(3) REPAYMENT FROM DEDUCTION BY STATE.— 
If the Secretary requires a State to repay funds as a 
result of a determination that a local area of the 
State has expended funds in a manner contrary to the 
requirements of this title, the Governor of the State 
may use an amount deducted under paragraph (4) to 
repay the funds, except as provided under subsection 
(e). 
(4) DEDUCTION BY STATE.—The Governor may 
deduct an amount equal to the misexpenditure de-
scribed in paragraph (3) from subsequent program 
year (subsequent to the program year for which the 
determination was made) allocations to the local area 
from funds reserved for the administrative costs of the 
local programs involved, as appropriate. 
(5) LIMITATIONS.—A deduction made by a State 
as described in paragraph (4) shall not be made until 
such time as the Governor has taken appropriate cor-
rective action to ensure full compliance with this title
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† HR 803 EAS 
within such local area with regard to appropriate ex-
penditures of funds under this title. 
(d) REPAYMENT OF AMOUNTS.— 
(1) IN GENERAL.—Each recipient of funds under 
this title shall be liable to repay the amounts de-
scribed in subsection (c)(1), from funds other than 
funds received under this title, upon a determination 
by the Secretary that the misexpenditure of the 
amounts was due to willful disregard of the require-
ments of this title, gross negligence, failure to observe 
accepted standards of administration, or a pattern of 
misexpenditure described in subsection (c)(1). No such 
determination shall be made under this subsection or 
subsection (c) until notice and opportunity for a fair 
hearing have been given to the recipient. 
(2) FACTORS IN IMPOSING SANCTIONS.—In deter-
mining whether to impose any sanction authorized by 
this section against a recipient of funds under this 
title for violations of this title (including applicable 
regulations) by a subgrantee or contractor of such re-
cipient, the Secretary shall first determine whether 
such recipient has adequately demonstrated that the 
recipient has— 
(A) established and adhered to an appro-
priate system, for entering into and monitoring
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† HR 803 EAS 
subgrant agreements and contracts with sub-
grantees and contractors, that contains accept-
able standards for ensuring accountability; 
(B) entered into a written subgrant agree-
ment or contract with such a subgrantee or con-
tractor that established clear goals and obliga-
tions in unambiguous terms; 
(C) acted with due diligence to monitor the 
implementation of the subgrant agreement or 
contract, including carrying out the appropriate 
monitoring activities (including audits) at rea-
sonable intervals; and 
(D) taken prompt and appropriate correc-
tive action upon becoming aware of any evidence 
of a violation of this title, including regulations 
issued under this title, by such subgrantee or 
contractor. 
(3) WAIVER.—If the Secretary determines that 
the recipient has demonstrated substantial compliance 
with the requirements of paragraph (2), the Secretary 
may waive the imposition of sanctions authorized by 
this section upon such recipient. The Secretary is au-
thorized to impose any sanction consistent with the 
provisions of this title and with any applicable Fed-
eral or State law directly against any subgrantee or
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† HR 803 EAS 
contractor for violation of this title, including regula-
tions issued under this title. 
(e) IMMEDIATE TERMINATION OR SUSPENSION OF AS-
SISTANCE IN EMERGENCY SITUATIONS.—In emergency situ-
ations, if the Secretary determines it is necessary to protect 
the integrity of the funds or ensure the proper operation 
of the program or activity involved, the Secretary may im-
mediately terminate or suspend financial assistance, in 
whole or in part, to the recipient if the recipient is given 
prompt notice and the opportunity for a subsequent hearing 
within 30 days after such termination or suspension. The 
Secretary shall not delegate any of the functions or author-
ity specified in this subsection, other than to an officer 
whose appointment is required to be made by and with the 
advice and consent of the Senate. 
(f) DISCRIMINATION AGAINST PARTICIPANTS.—If the 
Secretary determines that any recipient under this title has 
discharged or in any other manner discriminated against 
a participant or against any individual in connection with 
the administration of the program involved, or against any 
individual because such individual has filed any complaint 
or instituted or caused to be instituted any proceeding 
under or related to this title, or has testified or is about 
to testify in any such proceeding or an investigation under 
or related to this title, or otherwise unlawfully denied to
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† HR 803 EAS 
any individual a benefit to which that individual is entitled 
under the provisions of this title, including regulations 
issued under this title, the Secretary shall, within 30 days, 
take such action or order such corrective measures, as nec-
essary, with respect to the recipient or the aggrieved indi-
vidual, or both. 
(g) REMEDIES.—The remedies described in this section 
shall not be considered to be the exclusive remedies available 
for violations described in this section. 
SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS. 
(a) RECIPIENT RECORDKEEPING AND REPORTS.— 
(1) IN GENERAL.—Recipients of funds under this 
title shall keep records that are sufficient to permit 
the preparation of reports required by this title and 
to permit the tracing of funds to a level of expendi-
ture adequate to ensure that the funds have not been 
spent unlawfully. 
(2) RECORDS
AND
REPORTS
REGARDING
GEN-
ERAL
PERFORMANCE.—Every such recipient shall 
maintain such records and submit such reports, in 
such form and containing such information, as the 
Secretary may require regarding the performance of 
programs and activities carried out under this title. 
Such records and reports shall be submitted to the 
Secretary but shall not be required to be submitted
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† HR 803 EAS 
more than once each quarter unless specifically re-
quested by Congress or a committee of Congress, in 
which case an estimate regarding such information 
may be provided. 
(3) 
MAINTENANCE
OF
STANDARDIZED 
RECORDS.—In order to allow for the preparation of 
the reports required under subsection (c), such recipi-
ents shall maintain standardized records for all indi-
vidual participants and provide to the Secretary a 
sufficient number of such records to provide for an 
adequate analysis of the records. 
(4) AVAILABILITY TO THE PUBLIC.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), records maintained by such 
recipients pursuant to this subsection shall be 
made available to the public upon request. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to— 
(i) information, the disclosure of which 
would constitute a clearly unwarranted in-
vasion of personal privacy; and 
(ii) trade secrets, or commercial or fi-
nancial information, that is— 
(I) obtained from a person; and 
(II) privileged or confidential.
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† HR 803 EAS 
(C) FEES TO RECOVER COSTS.—Such re-
cipients may charge fees sufficient to recover 
costs applicable to the processing of requests for 
records under subparagraph (A). 
(b) INVESTIGATIONS OF USE OF FUNDS.— 
(1) IN GENERAL.— 
(A) SECRETARY.—In order to evaluate com-
pliance with the provisions of this title, the Sec-
retary shall conduct, in several States, in each 
fiscal year, investigations of the use of funds re-
ceived by recipients under this title. 
(B) 
COMPTROLLER
GENERAL
OF
THE 
UNITED STATES.—In order to ensure compliance 
with the provisions of this title, the Comptroller 
General of the United States may conduct inves-
tigations of the use of funds received under this 
title by any recipient. 
(2) PROHIBITION.—In conducting any investiga-
tion under this title, the Secretary or the Comptroller 
General of the United States may not request the 
compilation of any information that the recipient is 
not otherwise required to compile and that is not 
readily available to such recipient. 
(3) AUDITS.—
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† HR 803 EAS 
(A) IN
GENERAL.—In carrying out any 
audit under this title (other than any initial 
audit survey or any audit investigating possible 
criminal or fraudulent conduct), either directly 
or through grant or contract, the Secretary, the 
Inspector General of the Department of Labor, or 
the Comptroller General of the United States 
shall furnish to the State, recipient, or other en-
tity to be audited, advance notification of the 
overall objectives and purposes of the audit, and 
any extensive recordkeeping or data requirements 
to be met, not later than 14 days (or as soon as 
practicable) prior to the commencement of the 
audit. 
(B) NOTIFICATION
REQUIREMENT.—If the 
scope, objectives, or purposes of the audit change 
substantially during the course of the audit, the 
entity being audited shall be notified of the 
change as soon as practicable. 
(C) ADDITIONAL
REQUIREMENT.—The re-
ports on the results of such audits shall cite the 
law, regulation, policy, or other criteria applica-
ble to any finding contained in the reports. 
(D) RULE
OF
CONSTRUCTION.—Nothing 
contained in this title shall be construed so as to
461 
† HR 803 EAS 
be inconsistent with the Inspector General Act of 
1978 (5 U.S.C. App.) or government auditing 
standards issued by the Comptroller General of 
the United States. 
(c) GRANTEE
INFORMATION
RESPONSIBILITIES.— 
Each State, each local board, and each recipient (other than 
a subrecipient, subgrantee, or contractor of a recipient) re-
ceiving funds under this title— 
(1) shall make readily accessible such reports 
concerning its operations and expenditures as shall be 
prescribed by the Secretary; 
(2) shall prescribe and maintain comparable 
management information systems, in accordance with 
guidelines that shall be prescribed by the Secretary, 
designed to facilitate the uniform compilation, cross 
tabulation, and analysis of programmatic, partici-
pant, and financial data, on statewide, local area, 
and other appropriate bases, necessary for reporting, 
monitoring, and evaluating purposes, including data 
necessary to comply with section 188; 
(3) shall monitor the performance of providers in 
complying with the terms of grants, contracts, or 
other agreements made pursuant to this title; and 
(4) shall, to the extent practicable, submit or 
make available (including through electronic means)
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any reports, records, plans, or any other data that 
are required to be submitted or made available, re-
spectively, under this title. 
(d) INFORMATION TO BE INCLUDED IN REPORTS.— 
(1) IN GENERAL.—The reports required in sub-
section (c) shall include information regarding pro-
grams and activities carried out under this title per-
taining to— 
(A) the relevant demographic characteristics 
(including race, ethnicity, sex, and age) and 
other related information regarding participants; 
(B) the programs and activities in which 
participants are enrolled, and the length of time 
that participants are engaged in such programs 
and activities; 
(C) outcomes of the programs and activities 
for participants, including the occupations of 
participants, and placement for participants in 
nontraditional employment; 
(D) specified costs of the programs and ac-
tivities; and 
(E) information necessary to prepare re-
ports to comply with section 188. 
(2) ADDITIONAL REQUIREMENT.—The Secretary 
shall ensure that all elements of the information re-
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quired for the reports described in paragraph (1) are 
defined and that the information is reported uni-
formly. 
(e) QUARTERLY FINANCIAL REPORTS.— 
(1) IN GENERAL.—Each local board in a State 
shall submit quarterly financial reports to the Gov-
ernor with respect to programs and activities carried 
out under this title. Such reports shall include infor-
mation identifying all program and activity costs by 
cost category in accordance with generally accepted 
accounting principles and by year of the appropria-
tion involved. 
(2) ADDITIONAL
REQUIREMENT.—Each State 
shall submit to the Secretary, and the Secretary shall 
submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee 
on Education and the Workforce of the House of Rep-
resentatives, on a quarterly basis, a summary of the 
reports submitted to the Governor pursuant to para-
graph (1). 
(f) MAINTENANCE OF ADDITIONAL RECORDS.—Each 
State and local board shall maintain records with respect 
to programs and activities carried out under this title that 
identify—
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(1) any income or profits earned, including such 
income or profits earned by subrecipients; and 
(2) any costs incurred (such as stand-in costs) 
that are otherwise allowable except for funding limi-
tations. 
(g) COST
CATEGORIES.—In requiring entities to 
maintain records of costs by cost category under this title, 
the Secretary shall require only that the costs be categorized 
as administrative or programmatic costs. 
SEC. 186. ADMINISTRATIVE ADJUDICATION. 
(a) IN GENERAL.—Whenever any applicant for finan-
cial assistance under this title is dissatisfied because the 
Secretary has made a determination not to award financial 
assistance in whole or in part to such applicant, the appli-
cant may request a hearing before an administrative law 
judge of the Department of Labor. A similar hearing may 
also be requested by any recipient for whom a corrective 
action has been required or a sanction has been imposed 
by the Secretary under section 184. 
(b) APPEAL.—The decision of the administrative law 
judge shall constitute final action by the Secretary unless, 
within 20 days after receipt of the decision of the adminis-
trative law judge, a party dissatisfied with the decision or 
any part of the decision has filed exceptions with the Sec-
retary specifically identifying the procedure, fact, law, or
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policy to which exception is taken. Any exception not spe-
cifically urged during the 20-day period shall be deemed 
to have been waived. After the 20-day period the decision 
of the administrative law judge shall become the final deci-
sion of the Secretary unless the Secretary, within 30 days 
after such filing, notifies the parties that the case involved 
has been accepted for review. 
(c) TIME LIMIT.—Any case accepted for review by the 
Secretary under subsection (b) shall be decided within 180 
days after such acceptance. If the case is not decided within 
the 180-day period, the decision of the administrative law 
judge shall become the final decision of the Secretary at the 
end of the 180-day period. 
(d) ADDITIONAL REQUIREMENT.—The provisions of 
section 187 shall apply to any final action of the Secretary 
under this section. 
SEC. 187. JUDICIAL REVIEW. 
(a) REVIEW.— 
(1) PETITION.—With respect to any final order 
by the Secretary under section 186 by which the Sec-
retary awards, declines to award, or only condi-
tionally awards, financial assistance under this title, 
or any final order of the Secretary under section 186 
with respect to a corrective action or sanction im-
posed under section 184, any party to a proceeding
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† HR 803 EAS 
that resulted in such final order may obtain review 
of such final order in the United States Court of Ap-
peals having jurisdiction over the applicant for or re-
cipient of the funds involved, by filing a review peti-
tion within 30 days after the date of issuance of such 
final order. 
(2) ACTION ON PETITION.—The clerk of the court 
shall transmit a copy of the review petition to the 
Secretary, who shall file the record on which the final 
order was entered as provided in section 2112 of title 
28, United States Code. The filing of a review peti-
tion shall not stay the order of the Secretary, unless 
the court orders a stay. Petitions filed under this sub-
section shall be heard expeditiously, if possible within 
10 days after the date of filing of a reply to the peti-
tion. 
(3) STANDARD AND SCOPE OF REVIEW.—No ob-
jection to the order of the Secretary shall be consid-
ered by the court unless the objection was specifically 
urged, in a timely manner, before the Secretary. The 
review shall be limited to questions of law and the 
findings of fact of the Secretary shall be conclusive if 
supported by substantial evidence. 
(b) JUDGMENT.—The court shall have jurisdiction to 
make and enter a decree affirming, modifying, or setting
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† HR 803 EAS 
aside the order of the Secretary in whole or in part. The 
judgment of the court regarding the order shall be final, 
subject to certiorari review by the Supreme Court as pro-
vided in section 1254(1) of title 28, United States Code. 
SEC. 188. NONDISCRIMINATION. 
(a) IN GENERAL.— 
(1) FEDERAL FINANCIAL ASSISTANCE.—For the 
purpose of applying the prohibitions against dis-
crimination on the basis of age under the Age Dis-
crimination Act of 1975 (42 U.S.C. 6101 et seq.), on 
the basis of disability under section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794), on the basis 
of sex under title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), or on the basis of race, 
color, or national origin under title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), pro-
grams and activities funded or otherwise financially 
assisted in whole or in part under this Act are con-
sidered to be programs and activities receiving Fed-
eral financial assistance. 
(2) PROHIBITION OF DISCRIMINATION REGARD-
ING PARTICIPATION, BENEFITS, AND EMPLOYMENT.— 
No individual shall be excluded from participation 
in, denied the benefits of, subjected to discrimination 
under, or denied employment in the administration of
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or in connection with, any such program or activity 
because of race, color, religion, sex (except as other-
wise permitted under title IX of the Education 
Amendments of 1972), national origin, age, dis-
ability, or political affiliation or belief. 
(3) PROHIBITION ON ASSISTANCE FOR FACILI-
TIES
FOR
SECTARIAN
INSTRUCTION
OR
RELIGIOUS 
WORSHIP.—Participants shall not be employed under 
this title to carry out the construction, operation, or 
maintenance of any part of any facility that is used 
or to be used for sectarian instruction or as a place 
for religious worship (except with respect to the main-
tenance of a facility that is not primarily or inher-
ently devoted to sectarian instruction or religious 
worship, in a case in which the organization oper-
ating the facility is part of a program or activity 
providing services to participants). 
(4) PROHIBITION ON DISCRIMINATION ON BASIS 
OF PARTICIPANT STATUS.—No person may discrimi-
nate against an individual who is a participant in 
a program or activity that receives funds under this 
title, with respect to the terms and conditions affect-
ing, or rights provided to, the individual, solely be-
cause of the status of the individual as a participant.
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(5) PROHIBITION ON DISCRIMINATION AGAINST 
CERTAIN
NONCITIZENS.—Participation in programs 
and activities or receiving funds under this title shall 
be available to citizens and nationals of the United 
States, lawfully admitted permanent resident aliens, 
refugees, asylees, and parolees, and other immigrants 
authorized by the Attorney General to work in the 
United States. 
(b) ACTION OF SECRETARY.—Whenever the Secretary 
finds that a State or other recipient of funds under this 
title has failed to comply with a provision of law referred 
to in subsection (a)(1), or with paragraph (2), (3), (4), or 
(5) of subsection (a), including an applicable regulation 
prescribed to carry out such provision or paragraph, the 
Secretary shall notify such State or recipient and shall re-
quest that the State or recipient comply. If within a reason-
able period of time, not to exceed 60 days, the State or re-
cipient fails or refuses to comply, the Secretary may— 
(1) refer the matter to the Attorney General with 
a recommendation that an appropriate civil action be 
instituted; or 
(2) take such other action as may be provided by 
law. 
(c) ACTION OF ATTORNEY GENERAL.—When a matter 
is referred to the Attorney General pursuant to subsection
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† HR 803 EAS 
(b)(1), or whenever the Attorney General has reason to be-
lieve that a State or other recipient of funds under this title 
is engaged in a pattern or practice of discrimination in 
violation of a provision of law referred to in subsection 
(a)(1) or in violation of paragraph (2), (3), (4), or (5) of 
subsection (a), the Attorney General may bring a civil ac-
tion in any appropriate district court of the United States 
for such relief as may be appropriate, including injunctive 
relief. 
(d) JOB CORPS.—For the purposes of this section, Job 
Corps members shall be considered to be the ultimate bene-
ficiaries of Federal financial assistance. 
(e) REGULATIONS.—The Secretary shall issue regula-
tions necessary to implement this section not later than 1 
year after the date of enactment of the Workforce Innovation 
and Opportunity Act. Such regulations shall adopt stand-
ards for determining discrimination and procedures for en-
forcement that are consistent with the Acts referred to in 
subsection (a)(1), as well as procedures to ensure that com-
plaints filed under this section and such Acts are processed 
in a manner that avoids duplication of effort. 
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES 
AND RESPONSIBILITIES. 
(a) IN GENERAL.—In accordance with chapter 5 of 
title 5, United States Code, the Secretary may prescribe
471 
† HR 803 EAS 
rules and regulations to carry out this title, only to the ex-
tent necessary to administer and ensure compliance with 
the requirements of this title. Such rules and regulations 
may include provisions making adjustments authorized by 
section 6504 of title 31, United States Code. All such rules 
and regulations shall be published in the Federal Register 
at least 30 days prior to their effective dates. Copies of each 
such rule or regulation shall be transmitted to the appro-
priate committees of Congress on the date of such publica-
tion and shall contain, with respect to each material provi-
sion of such rule or regulation, a citation to the particular 
substantive section of law that is the basis for the provision. 
(b) ACQUISITION OF CERTAIN PROPERTY AND SERV-
ICES.—The Secretary is authorized, in carrying out this 
title, to accept, purchase, or lease in the name of the Depart-
ment of Labor, and employ or dispose of in furtherance of 
the purposes of this title, any money or property, real, per-
sonal, or mixed, tangible or intangible, received by gift, de-
vise, bequest, or otherwise, and to accept voluntary and un-
compensated services notwithstanding the provisions of sec-
tion 1342 of title 31, United States Code. 
(c) AUTHORITY TO ENTER INTO CERTAIN AGREE-
MENTS AND TO MAKE CERTAIN EXPENDITURES.—The Sec-
retary may make such grants, enter into such contracts or 
agreements, establish such procedures, and make such pay-
472 
† HR 803 EAS 
ments, in installments and in advance or by way of reim-
bursement, or otherwise allocate or expend such funds under 
this title, as may be necessary to carry out this title, includ-
ing making expenditures for construction, repairs, and cap-
ital improvements, and including making necessary adjust-
ments in payments on account of over-payments or under-
payments. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and submit to the Committee on Education and the Work-
force of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
an annual report regarding the programs and activities 
funded under this title. The Secretary shall include in such 
report— 
(1) a summary of the achievements, failures, and 
challenges of the programs and activities in meeting 
the objectives of this title; 
(2) a summary of major findings from research, 
evaluations, pilot projects, and experiments conducted 
under this title in the fiscal year prior to the submis-
sion of the report; 
(3) recommendations for modifications in the 
programs and activities based on analysis of such 
findings; and
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† HR 803 EAS 
(4) such other recommendations for legislative or 
administrative action as the Secretary determines to 
be appropriate. 
(e) UTILIZATION OF SERVICES AND FACILITIES.—The 
Secretary is authorized, in carrying out this title, under 
the same procedures as are applicable under subsection (c) 
or to the extent permitted by law other than this title, to 
accept and use the services and facilities of departments, 
agencies, and establishments of the United States. The Sec-
retary is also authorized, in carrying out this title, to ac-
cept and use the services and facilities of the agencies of 
any State or political subdivision of a State, with the con-
sent of the State or political subdivision. 
(f) OBLIGATIONAL AUTHORITY.—Notwithstanding any 
other provision of this title, the Secretary shall have no au-
thority to enter into contracts, grant agreements, or other 
financial assistance agreements under this title, except to 
such extent and in such amounts as are provided in ad-
vance in appropriations Acts. 
(g) PROGRAM YEAR.— 
(1) IN GENERAL.— 
(A) PROGRAM YEAR.—Except as provided 
in subparagraph (B), appropriations for any fis-
cal year for programs and activities funded 
under this title shall be available for obligation
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† HR 803 EAS 
only on the basis of a program year. The pro-
gram year shall begin on July 1 in the fiscal 
year for which the appropriation is made. 
(B) YOUTH
WORKFORCE
INVESTMENT
AC-
TIVITIES.—The Secretary may make available 
for obligation, beginning April 1 of any fiscal 
year, funds appropriated for such fiscal year to 
carry out youth workforce investment activities 
under subtitle B and activities under section 
171. 
(2) AVAILABILITY.— 
(A) IN GENERAL.—Funds obligated for any 
program year for a program or activity funded 
under subtitle B may be expended by each State 
receiving such funds during that program year 
and the 2 succeeding program years. Funds re-
ceived by local areas from States under subtitle 
B during a program year may be expended dur-
ing that program year and the succeeding pro-
gram year. 
(B) CERTAIN NATIONAL ACTIVITIES.— 
(i) IN GENERAL.—Funds obligated for 
any program year for any program or ac-
tivity carried out under section 169 shall 
remain available until expended.
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† HR 803 EAS 
(ii) INCREMENTAL FUNDING BASIS.—A 
contract or arrangement entered into under 
the authority of subsection (a) or (b) of sec-
tion 169 (relating to evaluations, research 
projects, studies and reports, and multistate 
projects), including a long-term, nonsever-
able services contract, may be funded on an 
incremental basis with annual appropria-
tions or other available funds. 
(C) SPECIAL
RULE.—No amount of the 
funds obligated for a program year for a pro-
gram or activity funded under this title shall be 
deobligated on account of a rate of expenditure 
that is consistent with a State plan, an oper-
ating plan described in section 151, or a plan, 
grant agreement, contract, application, or other 
agreement described in subtitle D, as appro-
priate. 
(D) FUNDS
FOR
PAY-FOR-PERFORMANCE 
CONTRACT
STRATEGIES.—Funds used to carry 
out pay-for-performance contract strategies by 
local areas shall remain available until ex-
pended. 
(h) ENFORCEMENT OF MILITARY SELECTIVE SERVICE 
ACT.—The Secretary shall ensure that each individual par-
476 
† HR 803 EAS 
ticipating in any program or activity established under this 
title, or receiving any assistance or benefit under this title, 
has not violated section 3 of the Military Selective Service 
Act (50 U.S.C. App. 453) by not presenting and submitting 
to registration as required pursuant to such section. The 
Director of the Selective Service System shall cooperate with 
the Secretary to enable the Secretary to carry out this sub-
section. 
(i) WAIVERS.— 
(1) SPECIAL
RULE
REGARDING
DESIGNATED 
AREAS.—A State that has enacted, not later than De-
cember 31, 1997, a State law providing for the des-
ignation of service delivery areas for the delivery of 
workforce investment activities, may use such areas 
as local areas under this title, notwithstanding sec-
tion 106. 
(2) SPECIAL RULE REGARDING SANCTIONS.—A 
State that has enacted, not later than December 31, 
1997, a State law providing for the sanctioning of 
such service delivery areas for failure to meet per-
formance accountability measures for workforce in-
vestment activities, may use the State law to sanction 
local areas for failure to meet State performance ac-
countability measures under this title.
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† HR 803 EAS 
(3) GENERAL WAIVERS OF STATUTORY OR REGU-
LATORY REQUIREMENTS.— 
(A) 
GENERAL
AUTHORITY.—Notwith-
standing any other provision of law, the Sec-
retary may waive for a State, or a local area in 
a State, pursuant to a request submitted by the 
Governor of the State (in consultation with ap-
propriate local elected officials) with a plan that 
meets the requirements of subparagraph (B)— 
(i) any of the statutory or regulatory 
requirements of subtitle A, subtitle B, or 
this subtitle (except for requirements relat-
ing to wage and labor standards, including 
nondisplacement protections, worker rights, 
participation and protection of workers and 
participants, grievance procedures and judi-
cial review, nondiscrimination, allocation of 
funds to local areas, eligibility of providers 
or participants, the establishment and func-
tions of local areas and local boards, the 
funding of infrastructure costs for one-stop 
centers, and procedures for review and ap-
proval of plans, and other requirements re-
lating to the basic purposes of this title); 
and
478 
† HR 803 EAS 
(ii) any of the statutory or regulatory 
requirements of sections 8 through 10 of the 
Wagner-Peyser Act (29 U.S.C. 49g through 
49i) (excluding requirements relating to the 
provision of services to unemployment in-
surance claimants and veterans, and re-
quirements relating to universal access to 
basic labor exchange services without cost to 
jobseekers). 
(B) REQUESTS.—A Governor requesting a 
waiver under subparagraph (A) shall submit a 
plan to the Secretary to improve the statewide 
workforce development system that— 
(i) identifies the statutory or regu-
latory requirements that are requested to be 
waived and the goals that the State or local 
area in the State, as appropriate, intends to 
achieve as a result of the waiver; 
(ii) describes the actions that the State 
or local area, as appropriate, has under-
taken to remove State or local statutory or 
regulatory barriers; 
(iii) describes the goals of the waiver 
and the expected programmatic outcomes if 
the request is granted;
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† HR 803 EAS 
(iv) describes the individuals impacted 
by the waiver; and 
(v) describes the process used to mon-
itor the progress in implementing such a 
waiver, and the process by which notice 
and, in the case of a waiver for a local 
area, an opportunity to comment on such 
request has been provided to the local board 
for the local area for which the waiver is re-
quested. 
(C) CONDITIONS.—Not later than 90 days 
after the date of the original submission of a re-
quest for a waiver under subparagraph (A), the 
Secretary shall provide a waiver under this sub-
section if and only to the extent that— 
(i) the Secretary determines that the 
requirements requested to be waived impede 
the ability of the State or local area, as ap-
propriate, to implement the plan described 
in subparagraph (B); and 
(ii) the State has executed a memo-
randum of understanding with the Sec-
retary requiring such State to meet, or en-
sure that the local area for which the waiver 
is requested meets, agreed-upon outcomes
480 
† HR 803 EAS 
and to implement other appropriate meas-
ures to ensure accountability. 
(D) EXPEDITED DETERMINATION REGARD-
ING PROVISION OF WAIVERS.—If the Secretary 
has approved a waiver of statutory or regulatory 
requirements for a State or local area pursuant 
to this subsection, the Secretary shall expedite 
the determination regarding the provision of that 
waiver, for another State or local area if such 
waiver is in accordance with the approved State 
or local plan, as appropriate. 
SEC. 190. WORKFORCE FLEXIBILITY PLANS. 
(a) PLANS.—A State may submit to the Secretary, and 
the Secretary may approve, a workforce flexibility plan 
under which the State is authorized to waive, in accordance 
with the plan— 
(1) any of the statutory or regulatory require-
ments applicable under this title to local areas, pur-
suant to applications for such waivers from the local 
areas, except for requirements relating to the basic 
purposes of this title, wage and labor standards, 
grievance procedures and judicial review, non-
discrimination, eligibility of participants, allocation 
of funds to local areas, establishment and functions of 
local areas and local boards, procedures for review
481 
† HR 803 EAS 
and approval of local plans, and worker rights, par-
ticipation, and protection; 
(2) any of the statutory or regulatory require-
ments applicable under sections 8 through 10 of the 
Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the 
State (excluding requirements relating to the provi-
sion of services to unemployment insurance claimants 
and veterans, and requirements relating to universal 
access to basic labor exchange services without cost to 
jobseekers); and 
(3) any of the statutory or regulatory require-
ments applicable under the Older Americans Act of 
1965 (42 U.S.C. 3001 et seq.) to State agencies on 
aging with respect to activities carried out using 
funds allotted under section 506(b) of such Act (42 
U.S.C. 3056d(b)), except for requirements relating to 
the basic purposes of such Act, wage and labor stand-
ards, eligibility of participants in the activities, and 
standards for grant agreements. 
(b) CONTENT OF PLANS.—A workforce flexibility plan 
implemented by a State under subsection (a) shall include 
descriptions of— 
(1)(A) the process by which local areas in the 
State may submit and obtain approval by the State
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† HR 803 EAS 
of applications for waivers of requirements applicable 
under this title; and 
(B) the requirements described in subparagraph 
(A) that are likely to be waived by the State under 
the plan; 
(2) the requirements applicable under sections 8 
through 10 of the Wagner-Peyser Act that are pro-
posed to be waived, if any; 
(3) the requirements applicable under the Older 
Americans Act of 1965 that are proposed to be 
waived, if any; 
(4) the outcomes to be achieved by the waivers 
described in paragraphs (1) through (3); and 
(5) other measures to be taken to ensure appro-
priate accountability for Federal funds in connection 
with the waivers. 
(c) PERIODS.—The Secretary may approve a work-
force flexibility plan for a period of not more than 5 years. 
(d) OPPORTUNITY FOR PUBLIC COMMENTS.—Prior to 
submitting a workforce flexibility plan to the Secretary for 
approval, the State shall provide to all interested parties 
and to the general public adequate notice of and a reason-
able opportunity for comment on the waiver requests pro-
posed to be implemented pursuant to such plan.
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† HR 803 EAS 
SEC. 191. STATE LEGISLATIVE AUTHORITY. 
(a) AUTHORITY OF STATE LEGISLATURE.—Nothing in 
this title shall be interpreted to preclude the enactment of 
State legislation providing for the implementation, con-
sistent with the provisions of this title, of the activities as-
sisted under this title. Any funds received by a State under 
this title shall be subject to appropriation by the State legis-
lature, consistent with the terms and conditions required 
under this title. 
(b) 
INTERSTATE
COMPACTS
AND
COOPERATIVE 
AGREEMENTS.—In the event that compliance with provi-
sions of this title would be enhanced by compacts and coop-
erative agreements between States, the consent of Congress 
is given to States to enter into such compacts and agree-
ments to facilitate such compliance, subject to the approval 
of the Secretary. 
SEC. 192. TRANSFER OF FEDERAL EQUITY IN STATE EM-
PLOYMENT SECURITY AGENCY REAL PROP-
ERTY TO THE STATES. 
(a) TRANSFER
OF
FEDERAL
EQUITY.—Notwith-
standing any other provision of law, any Federal equity 
acquired in real property through grants to States awarded 
under title III of the Social Security Act (42 U.S.C. 501 
et seq.) or under the Wagner-Peyser Act (29 U.S.C. 49 et 
seq.) is transferred to the States that used the grants for 
the acquisition of such equity. The portion of any real prop-
484 
† HR 803 EAS 
erty that is attributable to the Federal equity transferred 
under this section shall be used to carry out activities au-
thorized under this Act, title III of the Social Security Act, 
or the Wagner-Peyser Act. Any disposition of such real 
property shall be carried out in accordance with the proce-
dures prescribed by the Secretary and the portion of the 
proceeds from the disposition of such real property that is 
attributable to the Federal equity transferred under this sec-
tion shall be used to carry out activities authorized under 
this Act, title III of the Social Security Act, or the Wagner- 
Peyser Act. 
(b) LIMITATION ON USE.—A State shall not use funds 
awarded under this Act, title III of the Social Security Act, 
or the Wagner-Peyser Act to amortize the costs of real prop-
erty that is purchased by any State on or after the date 
of enactment of the Revised Continuing Appropriations 
Resolution, 2007. 
SEC. 193. CONTINUATION OF STATE ACTIVITIES AND POLI-
CIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this title, the Secretary may not deny approval of 
a State plan for a covered State, or an application of a 
covered State for financial assistance, under this title, or 
find a covered State (including a State board or Governor), 
or a local area (including a local board or chief elected offi-
485 
† HR 803 EAS 
cial) in a covered State, in violation of a provision of this 
title, on the basis that— 
(1)(A) the State proposes to allocate or disburse, 
allocates, or disburses, within the State, funds made 
available to the State under section 127 or 132 in ac-
cordance with the allocation formula for the type of 
activities involved, or in accordance with a disbursal 
procedure or process, used by the State under prior 
consistent State laws; or 
(B) a local board in the State proposes to dis-
burse, or disburses, within the local area, funds made 
available to the State under section 127 or 132 in ac-
cordance with a disbursal procedure or process used 
by a private industry council under prior consistent 
State law; 
(2) the State proposes to carry out or carries out 
a State procedure through which local areas use, as 
fiscal agents for funds made available to the State 
under section 127 or 132 and allocated within the 
State, fiscal agents selected in accordance with a 
process established under prior consistent State laws; 
(3) the State proposes to carry out or carries out 
a State procedure through which the local boards in 
the State (or the local boards, the chief elected officials 
in the State, and the Governor) designate or select the
486 
† HR 803 EAS 
one-stop partners and one-stop operators of the state-
wide system in the State under prior consistent State 
laws, in lieu of making the designation or certifi-
cation described in section 121 (regardless of the date 
the one-stop delivery systems involved have been estab-
lished); 
(4) the State proposes to carry out or carries out 
a State procedure through which the persons respon-
sible for selecting eligible providers for purposes of 
subtitle B are permitted to determine that a provider 
shall not be selected to provide both intake services 
under section 134(c)(2) and training services under 
section 134(c)(3), under prior consistent State laws; 
(5) the State proposes to designate or designates 
a State board, or proposes to assign or assigns func-
tions and roles of the State board (including deter-
mining the time periods for development and submis-
sion of a State plan required under section 102 or 
103), for purposes of subtitle A in accordance with 
prior consistent State laws; or 
(6) a local board in the State proposes to use or 
carry out, uses, or carries out a local plan (including 
assigning functions and roles of the local board) for 
purposes of subtitle A in accordance with the authori-
ties and requirements applicable to local plans and
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private industry councils under prior consistent State 
laws. 
(b) DEFINITION.—In this section: 
(1) COVERED STATE.—The term ‘‘covered State’’ 
means a State that enacted State laws described in 
paragraph (2). 
(2) PRIOR CONSISTENT STATE LAWS.—The term 
‘‘prior consistent State laws’’ means State laws, not 
inconsistent with the Job Training Partnership Act 
or any other applicable Federal law, that took effect 
on September 1, 1993, September 1, 1995, and Sep-
tember 1, 1997. 
SEC. 194. GENERAL PROGRAM REQUIREMENTS. 
Except as otherwise provided in this title, the following 
conditions apply to all programs under this title: 
(1) Each program under this title shall provide 
employment and training opportunities to those who 
can benefit from, and who are most in need of, such 
opportunities. In addition, the recipients of Federal 
funding for programs under this title shall make ef-
forts to develop programs that contribute to occupa-
tional development, upward mobility, development of 
new careers, and opportunities for nontraditional em-
ployment.
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(2) Funds provided under this title shall only be 
used for activities that are in addition to activities 
that would otherwise be available in the local area in 
the absence of such funds. 
(3)(A) Any local area may enter into an agree-
ment with another local area (including a local area 
that is a city or county within the same labor mar-
ket) to pay or share the cost of educating, training, 
or placing individuals participating in programs as-
sisted under this title, including the provision of sup-
portive services. 
(B) Such agreement shall be approved by each 
local board for a local area entering into the agree-
ment and shall be described in the local plan under 
section 108. 
(4) On-the-job training contracts under this title, 
shall not be entered into with employers who have re-
ceived payments under previous contracts under this 
Act or the Workforce Investment Act of 1998 and have 
exhibited a pattern of failing to provide on-the-job 
training participants with continued long-term em-
ployment as regular employees with wages and em-
ployment benefits (including health benefits) and 
working conditions at the same level and to the same
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extent as other employees working a similar length of 
time and doing the same type of work. 
(5) No person or organization may charge an in-
dividual a fee for the placement or referral of the in-
dividual in or to a workforce investment activity 
under this title. 
(6) The Secretary shall not provide financial as-
sistance for any program under this title that in-
volves political activities. 
(7)(A) Income under any program administered 
by a public or private nonprofit entity may be re-
tained by such entity only if such income is used to 
continue to carry out the program. 
(B) Income subject to the requirements of sub-
paragraph (A) shall include— 
(i) receipts from goods or services (includ-
ing conferences) provided as a result of activities 
funded under this title; 
(ii) funds provided to a service provider 
under this title that are in excess of the costs as-
sociated with the services provided; and 
(iii) interest income earned on funds re-
ceived under this title. 
(C) For purposes of this paragraph, each entity 
receiving financial assistance under this title shall
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maintain records sufficient to determine the amount 
of such income received and the purposes for which 
such income is expended. 
(8)(A) The Secretary shall notify the Governor 
and the appropriate local board and chief elected offi-
cial of, and consult with the Governor and such board 
and official concerning, any activity to be funded by 
the Secretary under this title within the cor-
responding State or local area. 
(B) The Governor shall notify the appropriate 
local board and chief elected official of, and consult 
with such board and official concerning, any activity 
to be funded by the Governor under this title within 
the corresponding local area. 
(9)(A) All education programs for youth sup-
ported with funds provided under chapter 2 of subtitle 
B shall be consistent with applicable State and local 
educational standards. 
(B) Standards and procedures with respect to 
awarding academic credit and certifying educational 
attainment in programs conducted under such chap-
ter shall be consistent with the requirements of appli-
cable State and local law, including regulation.
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more than 20 percent of such amount shall be avail-
able 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 $85,000, 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 edu-
cation and literacy activities 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 lit-
eracy activities 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