I 
113TH CONGRESS 
1ST SESSION H. R. 1939 
To amend the Workforce Investment Act of 1998 to establish lifelong learning 
accounts programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2013 
Mr. KILMER (for himself and Mr. POLIS) introduced the following bill; which 
was referred to the Committee on Education and the Workforce, and in 
addition to the Committee on Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Workforce Investment Act of 1998 to establish 
lifelong learning accounts programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Skills Investment Act 
of 2013’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDING.—Congress finds the following: 
(1) It will not be possible for adult workers in 
the United States to maintain a high standard of liv-
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ing in a competitive global economy without a dra-
matic increase in their skills. 
(2) Workers need up-to-date skills and skill cre-
dentials to keep pace with the changing and increas-
ingly complex demands of the 21st century economy. 
(3) The fastest-growing occupations and best- 
paying jobs are those that require some postsec-
ondary education. Maintaining a competitive edge 
requires knowledge and other skills. Increases in a 
country’s overall level of educational attainment lead 
to increases in its overall rate of economic growth. 
(4) The high cost of education and skill devel-
opment has limited the options of many workers. 
Current major benefits such as the use of a HOPE 
tax credit or a Coverdell education savings account 
are not available to students who attend school less 
than half-time. Other workers do not earn enough to 
qualify for available education and training tax cred-
its and deductions. Most available financial aid is in-
tended for full-time students studying for degrees 
rather than the many adults who cannot attend edu-
cation or skill development programs full-time be-
cause of demanding family and work commitments. 
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(5) Employers increasingly need workers with 
21st century workplace and technical skills to stay 
competitive. 
(b) PURPOSE.—The purpose of this Act is to estab-
lish an innovative program to support lifelong learning, 
that— 
(1) motivates workers to participate in edu-
cation and skill development activities in which the 
workers would not otherwise participate; 
(2) provides a financial incentive to workers to 
save for education and skill development activities 
for their careers, and better manage their careers by 
upgrading, at the time and place of their choosing, 
their skills; 
(3) offers workers labor market and career in-
formation to make informed choices when enhancing 
skills to prosper in today’s dynamic and highly com-
petitive global economy; and 
(4) provides an incentive to small employers to 
invest in and offer learning opportunities to improve 
their employees’ skills and productivity. 
SEC. 3. LIFELONG LEARNING ACCOUNTS. 
(a) IN GENERAL.—Subtitle B of title I of the Work-
force Investment Act of 1998 (29 U.S.C. 2811 et seq.) 
is amended— 
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(1) by redesignating chapter 6 as chapter 7; 
and 
(2) by inserting after chapter 5 the following: 
‘‘CHAPTER 6—LIFELONG LEARNING 
ACCOUNTS 
‘‘SEC. 135. DEFINITIONS. 
‘‘In this chapter: 
‘‘(1) CAREER
PATHWAY.—The term ‘career 
pathway’ means a series of connected education and 
training strategies and support services that enable 
individuals to— 
‘‘(A) secure industry relevant certification; 
‘‘(B) obtain employment within an occupa-
tional area and to advance to higher levels of 
future education and employment in that area; 
and 
‘‘(C) progress through one or more post-
secondary education or training options. 
‘‘(2) CAREER
PLAN.—The term ‘career plan’ 
means an individual employment plan described in 
section 134(d)(3)(C)(ii) that— 
‘‘(A) describes a worker’s career goal, and 
steps or alternative routes associated with ac-
quiring the skills and skill credentials needed to 
achieve the goal; and 
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‘‘(B) includes labor market and career in-
formation on local in-demand industries and 
high growth industries. 
‘‘(3) EDUCATION OR SKILL DEVELOPMENT.— 
The term ‘education or skill development’ means an 
activity provided— 
‘‘(A) through a program or course of in-
struction by a postsecondary educational insti-
tution described in section 122(a)(2)(A); 
‘‘(B) through a registered apprenticeship 
program; or 
‘‘(C) through a program or course of in-
struction that provides training services, within 
the meaning of section 134(d)(4). 
‘‘(4) ELIGIBLE EDUCATION OR SKILL DEVELOP-
MENT
EXPENSE.—The term ‘eligible education or 
skill development expense’ means an amount paid 
for a program or course of instruction (including a 
registered apprenticeship program) of career-related 
education or skill development, provided by an eligi-
ble provider, including— 
‘‘(A) tuition, fees, and similar payments; 
‘‘(B) payments for books, supplies, equip-
ment, tools, and information technology devices, 
required for such program or course; and 
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‘‘(C) any expenses related to an assess-
ment of an eligible worker’s prior learning or 
competency used to award credit for or place-
ment in a program or course of instruction. 
‘‘(5) ELIGIBLE PROVIDER.—The term ‘eligible 
provider’ means— 
‘‘(A) a postsecondary educational institu-
tion described in section 122(a)(2)(A) or a pro-
vider described in section 122(a)(2)(B); or 
‘‘(B) a provider identified as an eligible 
provider of training services under section 
122(e). 
‘‘(6) ELIGIBLE
WORKER.—The term ‘eligible 
worker’ means an individual— 
‘‘(A) who is age 16 or older; 
‘‘(B) on whose behalf a lifelong learning 
account is established; and 
‘‘(C) who, on the date of application for 
the establishment of the account, was employed, 
was self-employed, or had previously been em-
ployed and was looking for work. 
‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
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‘‘(8) LABOR MARKET AND CAREER INFORMA-
TION.—The term ‘labor market and career informa-
tion’ means information about— 
‘‘(A) a regional labor market and prom-
ising industries and occupations for a worker in 
that market; 
‘‘(B) skills and skill credentials needed by 
a worker to achieve the worker’s career goal; 
and 
‘‘(C) skill and work experience assessment 
results for the worker. 
‘‘(9) LIFELONG LEARNING ACCOUNT.— 
‘‘(A) IN
GENERAL.—The term ‘lifelong 
learning account’ means an individual eligible 
worker’s federally tax exempt portable edu-
cation savings account, established as a trust— 
‘‘(i) that contains contributions, which 
may be made by the worker, the worker’s 
employer, or a third party, or which may 
be made by the worker and matched by the 
employer; 
‘‘(ii) that is established for the pur-
pose of paying for eligible education and 
skill development expenses, to bolster the 
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ual’s account shall be nonforfeitable; 
and 
‘‘(VII) no distribution shall be 
made from the account except for eli-
gible education or skill development 
expenses or after an event described 
in section 135E(b)(4)(I). 
‘‘(B) ADJUSTMENT FOR INFLATION.—The 
amount set forth in subparagraph (A)(iii)(I) 
shall be adjusted in accordance with increases 
in the Consumer Price Index for all urban con-
sumers of the Bureau of Labor Statistics. 
‘‘(10) ONE-STOP CENTER.—The term ‘one-stop 
center’ means a one-stop center referred to in sec-
tion 134(c). 
‘‘(11) 
REGISTERED
APPRENTICESHIP
PRO-
GRAM.—The term ‘registered apprenticeship pro-
gram’ means a program— 
‘‘(A) with an industry skills training ap-
proach that combines technical and theoretical 
training— 
‘‘(i) through structured on-the-job 
learning with related instruction (in a 
classroom or through distance learning) 
while an individual is employed, working 
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under the direction of qualified personnel 
or a mentor, and earning incremental wage 
increases aligned to enhanced job pro-
ficiency; and 
‘‘(ii) resulting in the acquisition of na-
tionally recognized and portable certificate, 
including a certificate of completion of ap-
prenticeship; and 
‘‘(B) carried out under a plan approved by 
the Office of Apprenticeship or a State agency 
recognized by the Department of Labor, and 
meeting the standards required under sections 
29 and 30 of title 29, Code of Federal Regula-
tions (or any corresponding similar regulation 
or ruling), including such matters as the re-
quirement for a written apprenticeship agree-
ment. 
‘‘(12) STATE AGENCY.—The term ‘State agen-
cy’ means an agency appointed under section 
135B(b)(1). 
‘‘(13) TRUSTEE.—The term ‘trustee’ means a 
Governor-designated entity, which may be a bank 
(as defined in section 408(n) of the Internal Rev-
enue Code of 1986), that demonstrates to the Gov-
ernor that the entity will establish and manage a 
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lifelong learning account in a manner consistent 
with the requirements of this chapter, which dem-
onstration may be accomplished by showing a record 
of success in establishing and managing similar re-
tirement or education savings accounts. 
‘‘(14) WORKER.—The term ‘worker’ means an 
individual— 
‘‘(A) who is age 16 or older; and 
‘‘(B) who is employed, is self-employed, or 
was previously employed and is looking for 
work; or 
‘‘SEC. 135A. LIFELONG LEARNING ACCOUNT PROGRAMS. 
‘‘The Secretary shall make grants to States to pay 
for the Federal share of establishing lifelong learning ac-
count programs, to enhance and expand education and 
skill development activities for eligible workers. 
‘‘SEC. 135B. STATE SUPPLEMENTAL PLANS. 
‘‘(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this chapter, the Governor of the State 
shall submit a five-year plan to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may require. 
‘‘(b) CONTENTS.—The plan shall consist of a supple-
ment to the State plan described in section 112 and shall 
include, at a minimum— 
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‘‘(1) information identifying a fiscal and admin-
istrative agency that is a member of the State board 
appointed by the Governor of the State to design, es-
tablish, and implement the lifelong learning account 
program proposed for the State; 
‘‘(2)(A) an assurance that the Governor of the 
State will designate, on the recommendation of the 
State Board, a trustee to establish and manage the 
lifelong 
learning 
accounts 
of 
eligible 
workers 
throughout the entire State; and 
‘‘(B) a description of any criteria, developed in 
cooperation with State board, other than criteria 
issued under this chapter, that the Governor will use 
to designate such a trustee; 
‘‘(3) information describing the formula the 
State will use to allocate funding equitably to local 
areas within the State to provide assistance to one- 
stop centers, as described in section 135C(a)(1)(C); 
‘‘(4) information describing how the State 
board will oversee the design, establishment, and im-
plementation of the lifelong learning accounts pro-
gram; 
‘‘(5) a description of the State requirements for 
the program, including requirements to ensure that 
the trustee manages the lifelong learning accounts in 
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a manner consistent with the fiscal control and ac-
counting procedures described in paragraph (11); 
‘‘(6) a schedule for implementation of the life-
long learning account program, which (notwith-
standing any other provision of this chapter) may 
specify implementation in phases if the schedule pro-
vides for full statewide implementation not later 
than 2 years after the date of approval of the plan; 
‘‘(7)(A)(i) a description of the career informa-
tion, guidance, counseling, and related activities to 
be carried out through the one-stop centers in the 
State, to enable workers seeking to establish or use 
a lifelong learning account to make informed deci-
sions about meeting their education and skill devel-
opment needs, including labor market and career in-
formation, career planning, and information on the 
high-skill, high-demand industries identified under 
subparagraph (B) and related career pathways; and 
‘‘(ii) a description of information to be provided 
as described in paragraphs (2), (3), and (4) of sec-
tion 135E(a); and 
‘‘(B) information, as reported in the State plan, 
identifying high-skill, high-demand industries in each 
region of the State or in the State, and sets of 
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courses aligned with the needs of those industries, 
and services, that constitute career pathways; 
‘‘(8) a description of the methods the State 
agency will use to determine and carry out State- 
level activities described in section 135C(b) and any 
criteria established by the State for State contribu-
tions under section 135C(a)(2); 
‘‘(9) a description of how the State agency will 
monitor and assess the implementation (including 
operation) of the lifelong learning account program, 
including a description of the methods the State 
agency will use for collecting and reporting data on 
the program as required by the Secretary and pro-
viding technical assistance to the one-stop centers in 
the State, to implement and continuously improve 
the implementation of a fully operational lifelong 
learning account program; 
‘‘(10) information describing how the State will 
use the funds the State receives under this chapter 
to leverage other Federal, State, local, and private 
resources, to maximize the effective use of those re-
sources and maximize the effectiveness of the life-
long learning account program, and to expand the 
participation of workers (especially lower-income 
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workers) and employers (especially small and mid- 
sized employers) in the program; 
‘‘(11) an assurance that the State agency will 
provide for fiscal control and accounting procedures 
to ensure the proper disbursing of and accounting 
for funds made available to the State through the 
grant and for funds paid into lifelong learning ac-
counts; 
‘‘(12) a description of the process that the 
State used to provide an opportunity for comment 
on, and input on the development of, the State sup-
plemental plan by the State board and by the public, 
representatives of business, and representatives of 
labor organizations; 
‘‘(13)(A) an assurance that the State agency 
will, at the request of a eligible worker who has 
moved to a second State, direct the trustee man-
aging the worker’s lifelong learning account to 
transfer the account to a trustee in the second State 
and will otherwise comply with the portability plan 
described in subsection (e); and 
‘‘(B) a description of the means by which the 
State agency will direct the transfers, and otherwise 
comply with the portability plan, referred to in sub-
paragraph (A); 
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‘‘(14) if the State requires a minimum amount 
of contributions described in section 135E(b)(2)(B), 
the minimum amount; 
‘‘(15) an assurance that the State will partici-
pate in any evaluation or research conducted under 
section 135H; and 
‘‘(16) an assurance that the State will use no 
more than 10 percent of the funds for administrative 
costs. 
‘‘(c) REQUEST FOR WAIVER.—At the election of a 
State, the State may include in the plan a request for a 
waiver of section 135E(b)(4)(D), to permit a one-stop cen-
ter staff or system operator of the statewide web-based 
system in the State to rely on an eligible worker’s state-
ment described in section 135E(b)(4)(C)(iv). The Sec-
retary may approve the request as a portion of the plan, 
or may deny the request. 
‘‘(d) SUPPLEMENTAL PLAN SUBMISSION AND AP-
PROVAL.—A State supplemental plan submitted to the 
Secretary under this section by a Governor shall be consid-
ered to be approved by the Secretary at the end of the 
90-day period beginning on the day the Secretary receives 
the plan, unless the Secretary makes a written determina-
tion, during the 90-day period, that the plan is incon-
sistent with the provisions of this chapter. 
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‘‘(e) PORTABILITY PLAN.—The Secretary shall de-
velop, in consultation with State agencies and other enti-
ties and individuals, a plan to ensure the portability of 
lifelong learning accounts among States. The plan shall 
address the extent of portability of lifelong learning ac-
counts established for eligible workers. The Secretary shall 
ensure that States comply with the plan, in determining 
whether to approve State supplemental plans under this 
section. 
‘‘(f) MODIFICATIONS TO PLAN.—A State may submit 
modifications to a State supplemental plan in accordance 
with the requirements of this section and section 135C(c) 
as necessary during the period covered by the plan. 
‘‘(g) COMPLIANCE WITH PLAN REQUIREMENTS.—A 
State shall comply with the requirements of the State sup-
plemental plan to be eligible to receive funds under this 
chapter. Nothing in this chapter shall be construed to af-
fect the eligibility of a State for an allotment under section 
127 or 132, or financial assistance under the Wagner- 
Peyser Act (29 U.S.C. 49 et seq.), on the basis of the 
State’s compliance with the requirements of the State sup-
plemental plan. 
‘‘SEC. 135C. STATE ACTIVITIES. 
‘‘(a) IN GENERAL.—A State that receives a grant 
under this chapter— 
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‘‘(1) shall use the funds made available through 
the grant— 
‘‘(A) for the design, establishment, and im-
plementation (including monitoring and assess-
ment) of lifelong learning accounts programs, 
as described in subsection (b); 
‘‘(B) to provide funds to one or more 
trustees in the State for the establishment and 
management of lifelong learning accounts as de-
scribed in section 135E(b); and 
‘‘(C) to provide assistance to the one-stop 
centers in the State, to enable the one-stop cen-
ter staff to carry out the responsibilities de-
scribed in section 135E(a); and 
‘‘(2) may, after carrying out paragraph (1), use 
a portion of the grant funds to make contributions 
to lifelong learning accounts in the State that meet 
criteria established by the State, such as accounts to 
which small- and mid-sized employers have made 
contributions or accounts of lower-income eligible 
workers. 
‘‘(b) STATE-LEVEL ACTIVITIES.—The State agency 
shall design, establish, and implement (including moni-
toring and assessing) the lifelong learning accounts pro-
gram, including— 
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‘‘(1) establishing and maintaining a worker-ac-
cessible statewide web-based system to provide the 
assistance described in paragraphs (1) through (4) 
of section 135E(a) and meet the applicable require-
ments of section 135E(b); 
‘‘(2) developing outreach and marketing activi-
ties to be carried out in the State; 
‘‘(3) reviewing the State list of training services 
providers compiled under section 122(e)(4) to deter-
mine the currency and accuracy of the list, updating 
the list, improving the format of the list, and in-
creasing access to the list; 
‘‘(4) providing capacity building and technical 
assistance to local boards, one-stop center staff, (and 
employees of such centers who provide career infor-
mation, guidance, counseling, and related activities), 
and eligible providers, with respect to the authorities 
and responsibilities of such entities under this chap-
ter; 
‘‘(5) developing, disseminating, and presenting 
information on the lifelong learning account program 
of the State to workers, employers, and general pub-
lic, and carrying out creative efforts to engage pri-
vate sector organizations (such as labor organiza-
tions, industry organizations, and nonprofit organi-
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zations) and public sector organizations as partners 
in the program; and 
‘‘(6) preparing reports for the State board for 
the State, containing assessments of the program. 
‘‘(c) STATE BOARD RESPONSIBILITIES.—The State 
board for the State shall— 
‘‘(1) make recommendations to the Governor 
about the designation of a trustee; 
‘‘(2) provide advice to the Governor and the 
State agency on a general vision for a lifelong learn-
ing account program that suggests ways to create 
opportunities for all workers, but especially for 
workers earning less than 200 percent of the poverty 
line or workers without a degree from a 2-year or 
4-year nationally recognized postsecondary (or not 
participating in an apprenticeship program), to suc-
cessfully participate in the program, with the goal of 
improving their skills and the likelihood of long-term 
prosperity for themselves and their families; 
‘‘(3) provide independent advice to the State 
agency about the operation and performance of the 
lifelong learning account program, and, as appro-
priate, enter into contracts for studies or assess-
ments of the program in order to provide that ad-
vice; 
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‘‘(4) review and provide advice to the Governor 
on proposals for State supplemental plans; and 
‘‘(5) receive and comment on reports from the 
trustee and the State agency, containing assess-
ments of the lifelong learning account program, and 
from, as appropriate, the Secretary and other enti-
ties evaluating or researching the program. 
‘‘SEC. 135D. LOCAL SUPPLEMENTAL PLANS. 
‘‘(a) IN GENERAL.—Each local board shall develop 
and submit to the Governor a local supplemental plan, in 
partnership with the appropriate chief elected official. The 
plan shall be consistent with the State supplemental plan. 
‘‘(b) CONTENTS.—The plan shall consist of a supple-
ment to the local plan described in section 118 and shall 
include, at a minimum— 
‘‘(1) the description referred to in section 
135B(b)(7)(A), with respect to information and ac-
tivities to be provided through the one-stop centers 
in the local area involved; 
‘‘(2) an assurance that the local one-stop deliv-
ery system will, through the one-stop centers in the 
local area, provide the assistance described in para-
graphs (1) through (5) of section 135E(a); 
‘‘(3) an assurance that the one-stop center staff 
for the one-stop centers in the local area will coordi-
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nate activities carried out through the centers with 
State-level activities, including the operation of the 
statewide web-based system, to provide the assist-
ance described in paragraphs (1) through (4) of sec-
tion 135E(a); 
‘‘(4) information describing how the local board 
will use the funds the local area receives under this 
chapter to leverage other Federal, State, local, and 
private resources, to maximize the effective use of 
those resources and maximize the effectiveness of 
the lifelong learning account program in the State, 
and to expand the participation of workers (espe-
cially lower-income workers) and employers (espe-
cially small- and mid-sized employers) in the pro-
gram; and 
‘‘(5) other assurances as required by the Gov-
ernor. 
‘‘(c) SUPPLEMENTAL PLAN SUBMISSION AND AP-
PROVAL.—A local supplemental plan submitted to a Gov-
ernor under this section by a local board and chief elected 
official shall be considered to be approved by the Governor 
at the end of the 90-day period beginning on the day the 
Governor receives the plan, unless the Governor makes a 
written determination, during the 90-day period, that— 
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‘‘(1) deficiencies in activities carried out under 
this chapter have been identified, and the local area 
has not made acceptable progress in implementing 
corrective measures to address the deficiencies; or 
‘‘(2) the plan is inconsistent with the provisions 
of this chapter. 
‘‘SEC. 135E. LOCAL ACTIVITIES. 
‘‘(a) ONE-STOP CENTER STAFF.—The one-stop cen-
ter 
staff 
that 
receives 
assistance 
under 
section 
135C(a)(1)(C) shall use the assistance to— 
‘‘(1) provide career information, guidance, 
counseling, and related activities for workers seeking 
to establish or use a lifelong learning account, in-
cluding labor market and career information, career 
planning, and information on the high-skill, high-de-
mand industries, in the region involved, that are 
identified under section 135B(b)(7)(B) and related 
career pathways; 
‘‘(2) provide information on lifelong learning 
accounts, and assistance in establishing and using 
lifelong learning accounts, including applying to es-
tablish such an account; 
‘‘(3) provide information on eligible providers, 
their education and skill development programs or 
courses, and the eligible education or skill develop-
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ment expenses associated with the programs or 
courses; 
‘‘(4) provide information about other public or 
private education or skill development activities 
(other than activities eligible for funding through a 
lifelong learning account) that workers may be eligi-
ble to participate in to meet their education and skill 
development needs; 
‘‘(5) carry out outreach and marketing activi-
ties; and 
‘‘(6) meet the applicable requirements of sub-
section (b). 
‘‘(b) TRUSTEES.—A trustee shall establish and man-
age lifelong learning accounts in accordance with the fol-
lowing requirements: 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) REQUEST.—A worker who resides in 
a State and who meets the requirements of sec-
tion 135(6) but does not have a lifelong learn-
ing account may, at the election of the worker, 
request a lifelong learning account. The worker 
may submit the request through a one-stop cen-
ter (to the one-stop center staff) or through the 
statewide web-based system (to the system op-
erator). The request shall include an assurance 
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that the employer of the worker has not re-
quired, coerced, or influenced the worker to es-
tablish the account. 
‘‘(B) INFORMATION.—On receipt of a re-
quest described in subparagraph (A) for such a 
worker, the one-stop center staff involved or the 
operator of the web-based system shall supply 
information to the worker on the manner in 
which the account will be managed, the require-
ments for withdrawing and using funds from 
the account, and information on the prohibition 
and procedure described in paragraph (4)(H), 
and will ask the worker to acknowledge receipt 
of the information. 
‘‘(C) ESTABLISHMENT.—On receiving the 
acknowledgment from the worker, the one-stop 
center staff or system operator shall forward 
the application to the appropriate trustee, who 
shall establish the account. 
‘‘(2) CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—A contribution may be 
made to an eligible worker’s lifelong learning 
account by— 
‘‘(i) the worker; 
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‘‘(ii) the employer of the worker, who 
may provide contributions without regard 
to the worker’s contributions, or as match-
ing funds; or 
‘‘(iii) a third party, such as the State, 
a political subdivision of the State, the 
Federal government through any Federal 
program; an individual, or a foundation. 
‘‘(B) MINIMUM
CONTRIBUTION
FOR
EM-
PLOYER CONTRIBUTIONS.—The State may re-
quire a worker to provide a minimum amount 
of contributions to the worker’s lifelong learn-
ing account before permitting the worker’s em-
ployer to provide employer contributions under 
this paragraph. 
‘‘(3) TRANSFERS.—If the eligible worker moves 
to a second State, at the request of the eligible 
worker, the State described in paragraph (1) shall 
direct the trustee to transfer the worker’s lifelong 
learning account to the second State, in compliance 
with the portability plan described in subsection (d). 
The program requirements of the lifelong learning 
account program in the second State shall apply to 
the account. 
‘‘(4) WITHDRAWAL OF AMOUNTS.— 
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‘‘(A) APPLICATION TO ONE-STOP CENTER 
STAFF.— 
‘‘(i) IN GENERAL.—An eligible worker 
who desires to withdraw funds from the 
worker’s lifelong learning account shall 
submit an application to withdraw the 
funds— 
‘‘(I) at a one-stop center, to the 
one-stop center staff; or 
‘‘(II) through the statewide web- 
based system, to the system operator. 
‘‘(ii) ASSURANCE.—The application 
shall include assurances that— 
‘‘(I) the worker is not requesting 
funds for routine health and safety 
training or training that relates to use 
of new equipment that is otherwise 
covered by the employer; 
‘‘(II) the worker is not requesting 
funds for an education or skill devel-
opment activity that was previously 
provided by the worker’s employer or 
that is an activity for which the em-
ployer previously provided financial 
assistance (such as tuition assistance) 
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SMARTINEZ on DSK6TPTVN1PROD with BILLS
to workers, if the employer initiates 
discontinuance of the activity or fi-
nancial assistance, respectively, less 
than 6 months before the date of the 
request; and 
‘‘(III) the employer of the worker 
has not required, coerced, or influ-
enced the worker to establish the ac-
count or to use, or refrain from using, 
funds from the account for any type 
of education or skill development ac-
tivity for which the worker may use 
the funds under this chapter, or for 
an activity described in subclause (I) 
or (II). 
‘‘(B) SERVICES.—The one-stop center staff 
or system operator shall offer career informa-
tion, guidance, counseling, and related activities 
described in subsection (a)(1) to the eligible 
worker. 
‘‘(C) APPLICATION TO TRUSTEE.—On re-
ceiving or declining the services described in 
subparagraph (B) the eligible worker shall sub-
mit an application to the one-stop center staff 
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SMARTINEZ on DSK6TPTVN1PROD with BILLS
or system operator, for the trustee, con-
taining— 
‘‘(i) a career goal (and, if developed, 
a career plan); 
‘‘(ii) a description of the career-re-
lated education or skill development activ-
ity to be funded through the withdrawal; 
‘‘(iii) the eligible provider who will 
provide the education or skill development 
activity; and 
‘‘(iv) a statement of the eligible edu-
cation or skill development expense associ-
ated with the activity. 
‘‘(D) VERIFICATION.—Except in a State 
covered by a waiver approved under section 
135B(c), on receiving the application, the one- 
stop center staff or system operator shall en-
deavor to verify the amount of the expense 
specified on the statement described in subpara-
graph (C)(iv). If the one-stop center staff or 
system operator is able to verify the amount (or 
is in a State covered by such a waiver), and the 
application contains the items described in 
clauses (i) through (iv) of subparagraph (C), 
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SMARTINEZ on DSK6TPTVN1PROD with BILLS
the one-stop center staff or system operator 
shall forward the application to the trustee. 
‘‘(E) APPROVAL.—The trustee shall ap-
prove the application not later than 10 days 
after receipt, unless— 
‘‘(i) the application fails to contain an 
item described in clause (i) through (iv) of 
subparagraph (C); or 
‘‘(ii) the amount in the eligible work-
er’s account is less than the amount of the 
expense specified on the statement de-
scribed in subparagraph (C)(iv). 
‘‘(F) DISBURSEMENT.—On approving the 
application, the trustee shall disburse the 
amount of the expense specified on the state-
ment to the eligible provider. In the event that 
the amount of the expense includes an amount 
for an item described in section 135(4)(B), and 
that amount is not payable to the provider, the 
provider may reimburse the worker for the 
amount of that item. 
‘‘(G) FAILURE TO DISBURSE.—If, not ear-
lier than 10 days after the date on which the 
trustee has received the application, the trustee 
has failed to approve or disapprove the applica-
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SMARTINEZ on DSK6TPTVN1PROD with BILLS
tion, or has approved the application but failed 
to make a disbursement as provided in subpara-
graph (F), the eligible worker may bring an ac-
tion in a court of appropriate jurisdiction to 
compel disbursement of the amount. 
‘‘(H) PROHIBITION
ON
EMPLOYER
RE-
QUIREMENTS, COERCION, OR INFLUENCE.— 
‘‘(i) IN
GENERAL.—No employer of 
the eligible worker, or contributor to the 
worker’s lifelong learning account, may re-
quire, coerce, or influence a worker to es-
tablish the account, or to use, or refrain 
from using, funds from the account for any 
type of education or skill development ac-
tivity for which the worker may use the 
funds under this chapter, or any activity 
described in subclause (I) or (II) of sub-
paragraph (A)(ii). 
‘‘(ii) GRIEVANCE OR COMPLAINT.—An 
eligible worker alleging a violation of this 
subparagraph may file a grievance or com-
plaint in accordance with section 181(c). 
‘‘(I) SPECIAL DISBURSEMENTS.—For pur-
poses of this paragraph, any disbursement (or 
request for disbursement) made after the ac-
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SMARTINEZ on DSK6TPTVN1PROD with BILLS
count beneficiary dies, becomes disabled (within 
the meaning of section 72(m)(7) of the Internal 
Revenue Code of 1986), or has attained age 70, 
shall be treated as a disbursement (or request 
for disbursement) for eligible education or skill 
development expenses. 
‘‘(5) TREATMENT OF ACCOUNT.— 
‘‘(A) SEPARATION OR DIVORCE.—If a sep-
aration or divorce agreement awards the life-
long learning account, or the benefits of the ac-
count, of an eligible worker to the worker’s 
spouse or former spouse, the trustee shall 
transfer the account to the spouse or former 
spouse. 
‘‘(B) DEATH.—On the death of an eligible 
worker— 
‘‘(i) if the designated beneficiary for 
the lifelong learning account elects the ap-
plication of this clause, such designated 
beneficiary shall be treated as the account 
beneficiary for purposes of such account; 
or 
‘‘(ii) in any case not described in 
clause (i), the trustee shall pay the funds 
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