194 
(7) in subsection (g), by striking ‘‘postsec-
ondary educational institutions’’ and inserting ‘‘in-
stitutions of higher education’’; and 
(8) by amending subsection (h) to read as fol-
lows: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for each of fiscal years 
2012 through 2016 such sums as may be necessary to 
carry out this section.’’. 
SEC. 161. AUTHORIZATION OF APPROPRIATIONS. 
Subsections (a) and (b) of section 174 are amended 
to read as follows: 
‘‘(a) NATIVE AMERICAN PROGRAMS; MIGRANT AND 
SEASONAL FARMWORKER PROGRAMS; VETERANS’ WORK-
FORCE INVESTMENT PROGRAMS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
there are authorized to be appropriated to carry out 
sections 166 through 168 such sums as may be nec-
essary for each of the fiscal years 2012 through 
2016. 
‘‘(2) RESERVATIONS.—Of the amount appro-
priated pursuant to the authorization of appropria-
tions under paragraph (1) for a fiscal year, the Sec-
retary shall— 
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‘‘(A) reserve not less than $55,000,000 for 
carrying out section 166; 
‘‘(B) reserve not less than $70,000,000 for 
carrying out section 167; and 
‘‘(C) reserve not less than $7,300,000 for 
carrying out section 168. 
‘‘(b) 
TECHNICAL
ASSISTANCE; 
INNOVATION 
GRANTS.—There are authorized to be appropriated to 
carry out sections 169 through 171 such sums as may be 
necessary for each of the fiscal years 2012 through 
2016.’’. 
SEC. 162. TRANSITION GRANTS TO STATES. 
Subtitle D is further amended by adding at the end 
the following: 
‘‘SEC. 175. TRANSITION GRANTS TO STATES. 
‘‘(a) IN GENERAL.—For the program year described 
in section 171A, from the funds allocated for awards de-
scribed in section 171A and section 171B, the Secretary 
of Labor and the Secretary of Education shall award, on 
a competitive basis, transition grants to States. The Secre-
taries, to the extent practicable and consistent with the 
purposes of the transition grants under this section, shall 
award transition grants in a manner that maximizes the 
number of States benefitting from such grants. 
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‘‘(b) APPLICATION.—To be eligible to receive a grant 
under this section, the Governor of a State, in coordina-
tion with the State board and in consultation with the 
local boards, shall submit an application to the Secretary 
of Labor and the Secretary of Education, at such time, 
in a such manner, and containing such information, con-
sistent with this subsection, as the Secretaries may re-
quire, including— 
‘‘(1) a description of how the grant funds will 
be used to carry out the transition activities de-
scribed in subsection (d); 
‘‘(2) a description of the process by which the 
State will award funds to local areas in accordance 
with subsection (d)(2); and 
‘‘(3) assurances that all the entities carrying 
out core programs in the State will participate in the 
activities. 
‘‘(c) GRANT PERIOD.—Grants awarded under this 
subsection shall be awarded for periods of not more than 
2 years in duration and may not be renewed. 
‘‘(d) USE OF FUNDS.—A State that receives a grant 
under this section— 
‘‘(1) may reserve not more than 40 percent of 
the grant funds for transition activities to assist in 
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the development of the State plan under section 112 
or 113; and 
‘‘(2) shall use not less than 60 percent of the 
grant funds to award subgrants to local areas for 
transition activities to assist in the development local 
and regional plans under section 116(c) and 118, 
with a priority in making such awards to local areas 
most in need of resources to make the transition to 
meeting the requirements of the Workforce Invest-
ment Act of 2012. 
‘‘(e) LIMITATIONS.—No State may— 
‘‘(1) receive more than 1 grant under this sec-
tion; and 
‘‘(2) receive a grant under this section concur-
rently with a grant under section 171A or 171B for 
the first program year that commences after the 
date of enactment of the Workforce Investment Act 
of 2011.’’. 
SEC. 163. INTERAGENCY AGREEMENT. 
Subtitle D is further amended by adding after section 
175 (as added by section 112) the following: 
‘‘SEC. 176. INTERAGENCY AGREEMENT. 
‘‘(a) IN GENERAL.—The Secretary of Education and 
the Secretary of Labor shall jointly develop policies for 
the administration of this subtitle in accordance with such 
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terms as the Secretaries shall set forth in an interagency 
agreement. Such interagency agreement, at a minimum, 
shall include a description of the respective roles and re-
sponsibilities of the Secretaries in carrying out this sub-
title (both jointly and separately), including— 
‘‘(1) how the funds available under this subtitle 
will be obligated and disbursed and compliance with 
applicable laws (including regulations) will be en-
sured, as well as how the grantees will be selected 
and monitored, and a peer review process for selec-
tion of grantees that includes program practitioners 
and national experts will be carried out; 
‘‘(2) how evaluations and research will be con-
ducted on the effectiveness of grants awarded under 
this subtitle in addressing the education and employ-
ment needs of job seekers and workers, youth, and 
employers; 
‘‘(3) how technical assistance will be provided 
to applicants and grant recipients; 
‘‘(4) how information will be disseminated, in-
cluding through electronic means, on best practices 
and effective strategies and service delivery models 
for activities carried out under this subtitle; and 
‘‘(5) how policies and processes critical to the 
successful achievement of the education, training, 
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and employment goals of this subtitle will be estab-
lished. 
‘‘(b) TRANSFER
AUTHORITY.—The Secretary of 
Labor and the Secretary of Education shall have the au-
thority to transfer funds between the Department of 
Labor and the Department of Education to carry out this 
subtitle in accordance with the agreement described in 
subsection (a). 
‘‘(c) REPORTS.—The Secretary of Labor and the Sec-
retary of Education shall jointly develop and submit a bi-
ennial report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on 
Education and Workforce of the House of Representa-
tives, describing— 
‘‘(1) actions the Departments have taken to— 
‘‘(A) assess the effectiveness of the 
projects carried out under this subtitle; and 
‘‘(B) facilitate the coordination of the pro-
grams carried out through the grants awarded 
with other education, employment and training 
programs; 
‘‘(2) barriers that impede effectiveness of 
projects carried out under this subtitle; 
‘‘(3) the best practices and effective strategies 
and service delivery models that the Departments 
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have identified pursuant to this subtitle and actions 
the Departments have taken to promptly dissemi-
nate 
information, 
including 
through 
electronic 
means, on such best practices, service delivery mod-
els, and effective strategies; and 
‘‘(4) the actions the Departments have taken to 
leverage resources provided under Federal law other 
than this subtitle and non-Federal resources, to im-
prove the workforce investment system nationwide, 
including in States, regions, and local areas that 
have not received funds under this subtitle.’’. 
Subtitle E—Administration 
SEC. 171. REQUIREMENTS AND RESTRICTIONS. 
Section 181 is amended— 
(1) in subsection (a), by amending subpara-
graph (B) of paragraph (1) to read as follows: 
‘‘(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 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206) does not apply.’’; 
(2) in subsection (b)(1) by striking ‘‘invest-
ment’’ and inserting ‘‘development’’; 
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(3) in subsection (c)(1), by inserting ‘‘or alloca-
tion’’ after ‘‘an allotment’’; 
(4) in subsection (d)(2)— 
(A) by striking ‘‘employment and training 
activity’’ and inserting ‘‘employment or training 
activity’’; 
(B) by inserting ‘‘incumbent worker train-
ing, transitional employment,’’ after ‘‘on-the-job 
training,’’; and 
(C) in paragraph (3), by inserting ‘‘(or 
that has provided funding to an entity that has 
violated such paragraph)’’ after ‘‘violated such 
paragraph’’; 
(5) in subsection (e)— 
(A) by inserting ‘‘to carry out an activity’’ 
after ‘‘No funds available’’; 
(B) by striking ‘‘and similar activities’’ 
and inserting ‘‘or similar activities’’; and 
(C) by striking ‘‘title. No funds available 
under subtitle B’’ and inserting ‘‘or under sub-
title C. No funds received to carry out an activ-
ity under subtitle B or C’’; and 
(6) in subsection (f), by inserting ‘‘or subtitle 
C’’ after ‘‘subtitle B’’ both places it appears. 
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SEC. 172. FISCAL CONTROLS OR SANCTIONS. 
Section 184 is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘the appropriate circulars’’ and inserting 
‘‘appropriate circulars or rules’’; and 
(ii) in subparagraph (B)(ii), by strik-
ing ‘‘administration of youth activities’’ 
and inserting: 
‘‘(iii) administration of youth work-
force investment activities.’’; and 
(B) in paragraphs (5)(A), (6)(C), and (7) 
(A) and (B), by inserting ‘‘with the require-
ments’’ afer ‘‘compliance’’ each place it ap-
pears; 
(2) in subsection (b)(1)(B)(v), by inserting 
‘‘with the provision’’ after ‘‘compliance’’; 
(3) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘made available’’ and 
inserting ‘‘received’’; 
(ii) by striking ‘‘offset repayment’’ 
and inserting ‘‘require payment by offset-
ting the amount’’; and 
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(iii) by inserting ‘‘under this title’’ 
after ‘‘may be entitled’’; and 
(B) in paragraph (4), by inserting ‘‘(subse-
quent to the program year for which the deter-
mination was made)’’ after ‘‘allocations’’; and 
(4) in subsection (d)(1), by striking ‘‘para-
graphs (2) and (3) of’’. 
SEC. 173. REPORTS, RECORDKEEPING, INVESTIGATIONS. 
Section 185(c) is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) shall, to the extent practicable, submit or 
make available (including through electronic means) 
any reports, records, plans, or any other data that 
are required to be submitted or made available, re-
spectively, under this title.’’. 
SEC. 174. ADMINISTRATIVE PROVISIONS. 
Section 189 is amended— 
(1) in subsection (a), by striking ‘‘section 204 
of the Intergovernmental Cooperation Act of 1968’’ 
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and inserting ‘‘section 6504 of title 31, United 
States Code’’; 
(2) in subsection (g), by amending paragraph 
(2) to read as follows: 
‘‘(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 received by local areas from 
States under subtitle B during a program year 
may be expended during that program year and 
the succeeding program year. 
‘‘(B) CERTAIN NATIONAL ACTIVITIES.— 
‘‘(i) IN
GENERAL.—Funds obligated 
for any program year for any program or 
activity carried out under section 170 or 
171 shall remain available until expended. 
‘‘(ii) 
INCREMENTAL
FUNDING 
BASIS.—A contract or arrangement en-
tered into under the authority of section 
170(c) (relating to research projects, stud-
ies and reports, and multistate projects) or 
section 171 (relating to evaluations), in-
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cluding a long-term, nonseverable services 
contract, may be funded on an incremental 
basis with annual appropriations 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.’’; and 
(3) in subsection (i)— 
(A) in paragraph (3), by inserting ‘‘ac-
countability’’ after ‘‘performance’’; and 
(B) in paragraph (4)— 
(i) in subparagraph (A)(i)— 
(I) by inserting ‘‘the funding of 
infrastructure costs for one-stop cen-
ters,’’ after ‘‘functions of local areas 
and local boards’’; and 
(II) by inserting ‘‘, and other re-
quirements relating to the basic pur-
poses of this title’’ before the period; 
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(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘investment’’ and in-
serting ‘‘development’’; and 
(II) in clause (v), by striking ‘‘ 
an opportunity to comment on such 
request has been provided to the local 
board’’ and inserting ‘‘, in the case of 
a waiver for a local area, an oppor-
tunity to comment on such request 
has been provided to the local board 
for the local area for which the waiver 
is requested’’; 
(iii) in subparagraph (C), by inserting 
‘‘for which the waiver was requested’’ after 
‘‘ensure that the local area’’; and 
(iv) by adding at the end the following 
new subparagraph: 
‘‘(D) EXPEDITED
DETERMINATION
RE-
GARDING PROVISION OF WAIVERS.—If the Sec-
retary 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 
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provision of that waiver, for another State or 
local area.’’. 
SEC. 175. REPEALS. 
The Act is further amended by striking section 190, 
and redesignating sections 191 through 195 as sections 
190 through 194, respectively. 
SEC. 176. GENERAL PROGRAM REQUIREMENTS. 
Section 194 (as redesignated by section 185) is 
amended by adding at the end the following new para-
graphs: 
‘‘(14) Funds provided under this title shall not 
be used to establish or operate a stand-alone fee-for- 
service enterprise in a situation in which a private 
sector employment agency (as defined in section 701 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) 
is providing full access to similar or related services 
in such a manner as to fully meet the identified 
need. For purposes of this paragraph, such an enter-
prise does not include a one-stop delivery system de-
scribed in section 121(e). 
‘‘(15)(A) None of the funds available under this 
title shall be used by a recipient or subrecipient of 
such funds to pay the salary and bonuses of an indi-
vidual, either as direct costs or indirect costs, at a 
rate in excess of the annual rate of basic pay pre-
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scribed for level II of the Executive Schedule under 
section 5313 of title 5, United States Code. 
‘‘(B) The limitation described in subparagraph 
(A) shall not apply to vendors providing goods and 
services as defined in Office of Management and 
Budget Circular A–133. 
‘‘(C) In a case in which a State is a recipient 
of such funds, the State may establish a lower limit 
than is provided in subparagraph (A) for salaries 
and bonuses of those receiving salaries and bonuses 
from a subrecipient of such funds, taking into ac-
count factors including the relative cost of living in 
the State, the compensation levels for comparable 
State or local government employees, and the size of 
the organizations that administer the Federal pro-
grams involved.’’. 
SEC. 177. OFFICE OF DISABILITY EMPLOYMENT POLICY. 
Subtitle E is further amended by adding at the end 
the following: 
‘‘SEC. 195. OFFICE OF DISABILITY EMPLOYMENT POLICY. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish an Office of Disability Employment Policy— 
‘‘(1) to help develop and support national poli-
cies and practices that will increase employment and 
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economic advancement opportunities for all individ-
uals with disabilities; and 
‘‘(2) to ensure that such individuals are fully 
integrated into the 21st century workforce. 
‘‘(b) OFFICE.—There is established within the De-
partment of Labor an Office of Disability Employment 
Policy (referred to in this section as the ‘Office’). Except 
as otherwise specifically provided in this Act, such Office 
shall be the principal entity carrying out the functions de-
scribed in this section. 
‘‘(c) ASSISTANT SECRETARY.— 
‘‘(1) IN GENERAL.—The Office shall be headed 
by an Assistant Secretary of Disability Employment 
Policy (referred to in this title as the ‘Assistant Sec-
retary’) appointed by the President by and with the 
advice and consent of the Senate. Except as other-
wise specifically provided in this Act, the Assistant 
Secretary shall be the principal officer carrying out 
the functions described in this section. 
‘‘(2) EXPERIENCE.—The Assistant Secretary 
shall be an individual with substantial experience in, 
and a thorough knowledge of, disability employment 
policy, training and educational opportunities for in-
dividuals with disabilities (including youth with dis-
abilities), public benefit programs for individuals 
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with disabilities, job development, and the barriers 
that may limit employment and economic advance-
ment opportunities of individuals with disabilities. 
‘‘(3) GOALS AND DIRECTION.—In carrying out 
the functions of the Office, the Assistant Secretary 
shall be guided by the goals of achieving equal op-
portunity, full participation, economic self-suffi-
ciency, and independent living for all individuals 
with disabilities, to the greatest extent possible. In 
the performance of the functions of the Office, the 
Assistant Secretary shall be directly responsible to 
the Secretary of Labor. 
‘‘(d) FUNCTIONS.—The Assistant Secretary shall 
provide national leadership, and encourage interagency 
collaboration, on increasing employment and training op-
portunities for individuals with disabilities through the de-
velopment of policies and initiatives (taking into account 
relevant information from other Federal agencies and in-
cluding the awarding of grants as appropriate) that— 
‘‘(1) eliminate barriers to the employment and 
training of individuals with disabilities; 
‘‘(2) advance opportunities for employment, and 
identify strategies that increase employment oppor-
tunities in the private sector, for individuals with 
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disabilities, including recruitment, retention, and 
promotion of such individuals; 
‘‘(3) identify and remove disincentives that limit 
or prevent the full employment of individuals with 
disabilities who are receiving benefits through Fed-
eral or State programs such as medical assistance 
under a State Medicaid program under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.), 
disability insurance benefits under title II of the So-
cial Security Act (42 U.S.C. 401 et seq.), or supple-
mental security income benefits under title XVI of 
the Social Security Act (42 U.S.C. 1381 et seq.); 
‘‘(4) advise and assist the Department of Labor 
and other Federal agencies in the development of 
policies and practices that increase employment op-
portunities in the Federal Government for individ-
uals with disabilities, including outreach to and re-
cruitment, retention, and promotion of such individ-
uals; 
‘‘(5) assist youth with disabilities, including 
such youth who are out-of-school youth, in success-
fully transitioning into the workforce; 
‘‘(6) increase access for individuals with disabil-
ities seeking employment, education, and training 
services from a one-stop delivery system described in 
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section 221(e) of the Workforce Investment Act of 
2012, and other public and private providers of such 
services and supports; 
‘‘(7) increase coordination of activities between 
State vocational rehabilitation programs and the 
workforce development systems (as defined in sec-
tion 101 of such Act), including the one-stop centers 
(as defined in such section 101), including assisting 
individuals with disabilities in maximizing the serv-
ices available through such programs, systems, and 
centers; 
‘‘(8) leverage available public and system re-
sources to address individual and systematic employ-
ment barriers for individuals with disabilities, and 
assist such individuals in navigating the process of 
coordinating their public benefits, including health 
care; 
‘‘(9) increase employment opportunities for in-
dividuals with significant disabilities in competitive 
integrated employment; and 
‘‘(10) meet other objectives, as specified by the 
Secretary of Labor, that will increase employment 
and training opportunities for individuals with dis-
abilities. 
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‘‘(e) REPORT.—For each fiscal year, beginning with 
the first full fiscal year following the date of enactment 
of the Workforce Investment Act of 2012, the Secretary 
of Labor shall prepare a report and submit the report to 
the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate, not later 
than 90 days after the end of that fiscal year. The report 
shall summarize the Office’s progress in— 
‘‘(1) meeting the general objectives specified in 
paragraphs (1) and (2) of subsection (a); 
‘‘(2) meeting each of the 4 goals specified in 
subsection (c)(3); and 
‘‘(3) developing the specific policies and initia-
tives specified in subsection (d). 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2012 through 2016.’’. 
Subtitle F—Community College to 
Career Fund 
SEC. 181. COMMUNITY COLLEGE TO CAREER FUND. 
Title I is further amended by adding at the end the 
following: 
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‘‘Subtitle F—Community College to 
Career Fund 
‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNER-
SHIPS PROGRAM. 
‘‘(a) GRANTS AUTHORIZED.—From funds appro-
priated under section 199D(1), the Secretary of Labor 
and the Secretary of Education, in accordance with the 
interagency agreement described in section 199E, shall 
award competitive grants to eligible entities described in 
subsection (b) for the purpose of developing, offering, im-
proving or providing educational or career training pro-
grams for workers. 
‘‘(b) ELIGIBLE ENTITY.— 
‘‘(1) IN GENERAL.—Entities eligible for a grant 
under this section are any of the following (or a con-
sortium of any of the following) in partnership with 
employers or an association of employers: 
‘‘(A) a junior or community college (as de-
fined in section 312(f) of the Higher Education 
Act of 1965 (20 U.S.C. 1085(f))); 
‘‘(B) a four-year public institution of high-
er education (as defined in section 101 of the 
Higher Education Act of 1965) that offers two- 
year degrees, will use funds provided under this 
section for activities at the certificate and asso-
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ciate degree levels, and is not reasonably close, 
as determined by the Secretaries, to a commu-
nity college; 
‘‘(C) a tribal college or university (as de-
fined in section 316(b) of the Higher Education 
Act); or 
‘‘(D) at the discretion of the Secretaries, a 
private, not-for-profit, two-year institution of 
higher education in Puerto Rico, Guam, the 
United States Virgin Islands, American Samoa, 
the Commonwealth of the Northern Mariana Is-
lands, the Republic of the Marshall Islands, the 
Federated States of Micronesia, or the Republic 
of Palau. 
‘‘(2) ADDITIONAL PARTNERSHIPS.—In addition 
to partnering with employers or an association of 
employers, the eligible entities described in para-
graph (1) may partner with any of the organizations 
described in subparagraphs (A) through (D). Any 
such partnership shall collaborate with, and may in-
clude, the State or local workforce investment board. 
‘‘(A) An adult education provider or post-
secondary educational institution (as defined in 
section 101 of the Higher Education Act of 
1965). 
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‘‘(B) A community-based organization. 
‘‘(C) A joint-labor management partner-
ship. 
‘‘(D) Any other organization that the Sec-
retaries considers appropriate. 
‘‘(c) APPLICATION.—An eligible entity seeking a 
grant under this section shall submit a grant proposal to 
the Secretaries at such time and containing such informa-
tion as the Secretaries determine is required, including a 
detailed description of— 
‘‘(1) the specific project for which the grant 
proposal is submitted, including the manner in 
which the grant will be used to develop, offer, im-
prove, or provide an educational or career training 
program; 
‘‘(2) the extent to which the project will meet 
the educational or career training needs of workers 
in the area served by the eligible entity; 
‘‘(3) the extent to which the project will meet 
the needs of employers in the region for skilled 
workers in in-demand industry sectors and occupa-
tions; 
‘‘(4) the extent to which the project submitted 
fits within any overall strategic plan developed by an 
eligible entity; and 
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‘‘(5) any previous experience of the eligible enti-
ty in providing educational or career training pro-
grams, the absence of which shall not automatically 
disqualify an eligible institution from receiving a 
grant under this section. 
‘‘(d) CRITERIA FOR AWARD.— 
‘‘(1) IN GENERAL.—Grants under this section 
shall be awarded based on criteria established by the 
Secretaries, that include the following: 
‘‘(A) A determination of the merits of the 
grant proposal submitted by the eligible entity 
to develop, offer, improve, or provide edu-
cational or career training programs to be made 
available to workers. 
‘‘(B) An assessment of the likely employ-
ment opportunities available in the region to in-
dividuals who complete an educational or career 
training program that the eligible entity pro-
poses to develop, offer, improve, or provide. 
‘‘(C) An assessment of prior demand for 
training programs by individuals eligible for 
training served by the eligible entity as well as 
availability and capacity of existing training 
programs to meet future demand for training 
programs. 
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‘‘(2) PRIORITY.—The Secretaries shall give pri-
ority to eligible entities that— 
‘‘(A) include a partnership with a business 
or industry or sector partnership that— 
‘‘(i) pays a portion of the costs of 
such programs; or 
‘‘(ii) agrees to hire individuals who 
have completed a particular postsecondary 
degree, certificate, or credential resulting 
from the training program of the eligible 
entity; 
‘‘(B) enter into a partnership with a labor 
organization or labor-management training pro-
gram that provides technical expertise for occu-
pationally specific education necessary for a rec-
ognized postsecondary credential leading to a 
skill occupation in an in-demand industry sec-
tor; 
‘‘(C) are focused on serving individuals 
with employment barriers, low-income, non-tra-
ditional students as defined in section 803(j) of 
the 
Higher 
Education 
Act 
(20 
U.S.C. 
11561(c)(j)), students who are dislocated work-
ers, students who are veterans, or students who 
are long-term unemployed; 
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‘‘(D) are community colleges serving areas 
with high unemployment rates, including rural 
areas; and 
‘‘(E) are eligible entities that include an 
institution of higher education eligible for as-
sistance under title III or V of the Higher Edu-
cation Act of 1965. 
‘‘(e) USE OF FUNDS.—Grants awarded under this 
section shall be used for one or more of the following: 
‘‘(1) The development, offering, improvement, 
or provision of academic programs or training pro-
grams, that provide relevant job training for skilled 
occupations that will meet the needs of employers in 
in-demand industries sectors, and which may include 
registered apprenticeship programs, on-the-job train-
ing programs, and programs that support employers 
in upgrading the skills of their workforce. 
‘‘(2) The development and implementation of 
policies and programs to expand opportunities for 
students to earn a recognized postsecondary creden-
tial or degree in in-demand industry sectors and oc-
cupations, including by— 
‘‘(A) facilitating the transfer of academic 
credits between institutions of higher education, 
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including the transfer of academic credits for 
courses in the same field of study; 
‘‘(B) expanding articulation agreements 
and policies that guarantee transfer between 
such institutions, including through common 
course numbering and general core curriculum; 
and 
‘‘(C) developing or enhancing student sup-
port services programs. 
‘‘(3) The creation of workforce programs that 
provide a sequence of education and occupational 
training that leads to a recognized postsecondary 
credential or degree, including programs that— 
‘‘(A) blend basic skills and occupational 
training; 
‘‘(B) facilitate means of transitioning from 
non-credit occupational, basic skills, or develop-
mental coursework to for-credit coursework 
within and across institutions; 
‘‘(C) build or enhance linkages including 
the development of dual enrollment programs 
and early college high schools between sec-
ondary education or adult education programs 
(including programs established under the Carl 
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D. Perkins Career and Technical Education Act 
of 2006 and title II of this Act); 
‘‘(D) implement other innovative programs 
designed to increase the provision of training 
for students, including students who are vet-
eran members of the National Guard or Re-
serves, to enter skilled occupations in in-de-
mand industry sectors; and 
‘‘(E) support paid internships that will 
allow students to simultaneously earn credit for 
work-based learning and gain relevant employ-
ment experience in an in-demand industry sec-
tor or occupation, which shall include opportu-
nities that transition individuals into employ-
ment. 
‘‘(4) The support of regional or national in-de-
mand industry sectors to develop skills consortia 
that will identify pressing workforce needs and de-
velop solutions such as— 
‘‘(A) standardizing industry certifications; 
‘‘(B) developing new training technologies; 
and 
‘‘(C) collaborating with industry employers 
to define and describe how specific skills lead to 
particular jobs and career opportunities. 
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‘‘SEC. 199A. PAY-FOR-PERFORMANCE AND PAY-FOR-SUC-
CESS JOB TRAINING PROJECTS. 
‘‘(a) AWARD GRANTS AUTHORIZED.—From funds 
appropriated under section 199D(2), the Secretary of 
Labor and the Secretary of Education, in accordance with 
the interagency agreement described in section 199E, 
shall award grants on a competitive basis to eligible enti-
ties described in subsection (b) who meet specific perform-
ance outcomes and criteria established by the Secretaries 
under subsection (c). Projects funded by grants under this 
section shall be referred to as either Pay-for-Performance 
or Pay-for-Success projects, as set forth in subsection (b). 
‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a 
grant under this section an entity shall be a State or local 
organization (which may be a local workforce organiza-
tion) in partnership with entities such as community col-
leges and other training providers who— 
‘‘(1) in the case of Pay-for-Performance 
projects, agree to be reimbursed primarily on the 
basis of achievement of specified performance out-
comes and criteria agreed upon by the Secretaries 
under subsection (c); or 
‘‘(2) in the case of Pay-for-Success projects, in-
clude partnerships with investors, such as philan-
thropic organizations that provide funding for a spe-
cific project or projects to address a clear and meas-
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urable job training need in the community or region 
and agree to be reimbursed under the grant only if 
the project or projects meet specified performance 
outcomes and criteria agreed to by the Secretaries 
under subsection (c). 
‘‘(c) PERFORMANCE OUTCOMES
AND CRITERIA.— 
Not later than 6 months after the date of the enactment 
of this subtitle, the Secretary of Labor and the Secretary 
of Education shall establish and publish specific perform-
ance measures for the initial qualification of eligible enti-
ties to receive a grant under this section. At a minimum, 
to receive an award an eligible entity shall— 
‘‘(1) identify a particular program area and cli-
ent population that is not achieving optimal out-
comes; 
‘‘(2) provide evidence that the proposed strat-
egy would achieve better results; 
‘‘(3) clearly articulate and quantify the im-
proved outcomes of such new approach; 
‘‘(4) for Pay-for-Success projects, specify a 
monetary value that would need to paid to obtain 
such results and explain the basis for such value; 
‘‘(5) identify data that would be required to 
evaluate whether outcomes are being achieved for a 
target population and a comparison group; 
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‘‘(6) identify estimated savings that would re-
sult from the improved outcomes, including to other 
programs or units of government; 
‘‘(7) demonstrate the capacity to collect re-
quired data, track outcomes, and validate those out-
comes; and 
‘‘(8) any other criteria the Secretaries may re-
quire. 
‘‘(d) PERIOD OF AVAILABILITY FOR PAY-FOR-SUC-
CESS PROJECTS.—Funds appropriated to carry out Pay- 
for-Success projects pursuant to section 199D(2) shall, 
upon obligation, remain available for disbursement until 
expended, notwithstanding section 1552 of title 31, United 
States Code, and, if later deobligated, in whole or in part, 
be available until expended for additional Pay-for-Success 
grants under this section. 
‘‘SEC. 199B. BRING JOBS BACK TO AMERICA GRANTS. 
‘‘(a) GRANTS AUTHORIZED.—From funds appro-
priated under section 199D(3), the Secretary of Labor 
and the Secretary of Education, in accordance with the 
interagency agreement described in section 199E, shall 
award grants to State or local governments for job train-
ing and recruiting activities that can quickly provided 
businesses with skilled workers in order to encourage busi-
nesses to remain in or relocate to areas served by such 
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governments. The Secretaries shall coordinate with the 
Secretary of Commerce in carrying out this section. 
‘‘(b) PURPOSE AND USE OF FUNDS.—Grants award-
ed under this section may be used by a State or local gov-
ernment to issue subgrants to eligible entities as des-
ignated by the Secretaries, including those described in 
section 199(b), to assist such eligible entities in providing 
training necessary to provide skilled workers for busi-
nesses that have relocated or are considering relocating 
operations outside the United States, and may instead re-
locate to the areas served by such governments. 
‘‘(c) APPLICATION.—A State or local government 
seeking a grant under the program established under sub-
section (a) shall submit an application to the Secretaries 
in such manner and containing such information as the 
Secretaries may require. At a minimum, each application 
shall include— 
‘‘(1) a description of the eligible entity or enti-
ties the State or local government proposes to assist 
in providing job training or recruiting activities; 
‘‘(2) a description of the proposed or existing 
business facility, including the number of jobs relat-
ing to such facility and the average wage or salary 
of those jobs; and 
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‘‘(3) a description of any other resources that 
the State has committed to assisting such business 
in locating such facility, including tax incentives pro-
vided, bonding authority exercised, and land grant-
ed. 
‘‘(d) CRITERIA.—The Secretaries shall award grants 
to State and local governments that— 
‘‘(1) the Secretaries determine are most likely 
to succeed with a grant under the program in assist-
ing an eligible entity in providing the training nec-
essary to cause a business or businesses to remain 
in or relocate to areas served by such governments; 
‘‘(2) will fund training programs that will result 
in the greatest number and quality of jobs; 
‘‘(3) have committed State or other resources, 
to the extent of their ability as determined by the 
Secretaries, to assist a business or businesses to re-
main in or relocate to areas served by such govern-
ments; and 
‘‘(4) have met such other criteria as the Secre-
taries consider appropriate, including criteria relat-
ing to marketing plans, benefits to ongoing regional 
or State strategies for economic development and job 
growth. 
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‘‘SEC. 199C. GRANTS FOR ENTREPRENEUR AND SMALL 
BUSINESS STARTUP TRAINING. 
‘‘(a) GRANTS AUTHORIZED.—From funds appro-
priated under section 199D(4), the Secretary of Labor 
and the Secretary of Education, in accordance with the 
interagency agreement described in section 199E, shall 
award competitive grants to eligible entities described in 
subsection (b) to provide training in starting a small busi-
ness and entrepreneurship. The Secretaries shall coordi-
nate with the Administrator of the Small Business Admin-
istration in carrying out this section including in the devel-
opment of criteria and selection of proposals. 
‘‘(b) ELIGIBLE ENTITY.— 
‘‘(1) IN GENERAL.—Entities eligible for a grant 
under this section are any of the following (or a con-
sortium of any of the following) in partnership with 
at least one local or regional economic development 
entity described in paragraph (2): 
‘‘(A) a junior or community college (as de-
fined in section 312(f) of the Higher Education 
Act of 1965 (20 U.S.C. 1085(f))); 
‘‘(B) a four-year public institution of high-
er education (as defined in section 101 of the 
Higher Education Act of 1965) that offers two- 
year degrees, will use funds provided under this 
section for activities at the certificate and asso-
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ciate degree levels, and is not reasonably close, 
as determined by the Secretaries, to a commu-
nity college; 
‘‘(C) a tribal college or university (as de-
fined in section 316(b) of the Higher Education 
Act); or 
‘‘(D) at the discretion of the Secretaries, a 
private, not-for-profit, two-year institution of 
higher education in Puerto Rico, Guam, the 
United States Virgin Islands, American Samoa, 
the Commonwealth of the Northern Mariana Is-
lands, the Republic of the Marshall Islands, the 
Federated States of Micronesia, or the Republic 
of Palau. 
‘‘(2) ADDITIONAL PARTNERSHIPS.—Local or re-
gional economic development entities described in 
this paragraph are the following: 
‘‘(A) Small business development centers. 
‘‘(B) Women’s business centers. 
‘‘(C) Regional innovation clusters. 
‘‘(D) Local accelerators or incubators. 
‘‘(E) State or local economic development 
agencies. 
‘‘(c) APPLICATION.—An eligible entity seeking a 
grant under this section shall submit a grant proposal in 
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such manner and containing such information as the Sec-
retaries and the Small Business Administrator shall re-
quire. Such information shall include the manner in which 
entrepreneurship training and education will be provided, 
the role of partners in such an arrangement, and the man-
ner in which the proposal will integrate and partner with 
local economic development resources. 
‘‘(d) USE OF FUNDS.—Grants awarded under this 
section shall be used to provide training in entrepreneur-
ship and starting a small business, including through on-
line courses, intensive seminars, and comprehensive 
courses. 
‘‘SEC. 199D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated $8,000,000,000 to carry out this subtitle, of which 
$4,000,000,000 is authorized to be appropriated to the 
Secretary of Labor and $4,000,000,000 is authorized to 
be appropriated to the Secretary of Education. Such 
amounts shall be used to carry out the programs author-
ized by this subtitle as follows: 
‘‘(1) $7,000,000,000 is authorized for the pro-
gram established by section 199; 
‘‘(2) $500,000,000 is authorized for the pro-
gram established by section 199A; 
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‘‘(3) $250,000,000 is authorized for the pro-
gram established by section 199B; 
‘‘(4) $250,000,000 is authorized for the pro-
gram established by section 199C; and 
‘‘(5) Not more than 5 percent of the amounts 
authorized under paragraphs (1) through (4) may be 
used by the Secretaries to administer each respective 
program, including providing technical assistance 
and carrying out evaluations. 
‘‘(b) PERIOD OF AVAILABILITY.—Except as provided 
in section 199A(d), the funds appropriated pursuant to 
subsection (a) shall be available for Federal obligation for 
the fiscal year for which the funds are appropriated and 
the succeeding 2 fiscal years. 
‘‘SEC. 199E. INTERAGENCY AGREEMENT. 
‘‘(a) IN GENERAL.—The Secretary of Labor and the 
Secretary of Education shall jointly develop policies for the 
administration of this subtitle in accordance with such 
terms as the Secretaries shall set forth in an interagency 
agreement. Such interagency agreement, at a minimum, 
shall include a description of the respective roles and re-
sponsibilities of the Secretaries in carrying out this sub-
title (both jointly and separately), including— 
‘‘(1) how the funds available under this subtitle 
will be obligated and disbursed and compliance with 
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applicable laws (including regulations) will be en-
sured, as well as how the grantees will be selected 
and monitored; 
‘‘(2) how evaluations and research will be con-
ducted on the effectiveness of grants awarded under 
this subtitle in addressing the education and employ-
ment needs of workers, and employers; 
‘‘(3) how technical assistance will be provided 
to applicants and grant recipients; 
‘‘(4) how information will be disseminated, in-
cluding through electronic means, on best practices 
and effective strategies and service delivery models 
for activities carried out under this subtitle; and 
‘‘(5) how policies and processes critical to the 
successful achievement of the education, training, 
and employment goals of this subtitle will be estab-
lished. 
‘‘(b) TRANSFER
AUTHORITY.—The Secretary of 
Labor and the Secretary of Education shall have the au-
thority to transfer funds between the Department of 
Labor and the Department of Education to carry out this 
subtitle in accordance with the agreement described in 
subsection (a). The Secretary of Labor and the Secretary 
of Education shall have the ability to transfer funds to 
the Secretary of Commerce and the Administrator of the 
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Small Business Administration to carry out sections 199B 
and 199C, respectively. 
‘‘(c) REPORTS.—The Secretary of Labor and the Sec-
retary of Education shall jointly develop and submit a bi-
ennial report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on 
Education and the Workforce of the House of Representa-
tives, describing the activities carried out under this sub-
title and the outcomes of such activities.’’. 
TITLE II—ADULT EDUCATION 
AND LITERACY 
SEC. 201. PURPOSES, DEFINITIONS, AND MISCELLANEOUS 
PROVISIONS. 
(a) PURPOSE.—Section 202 is amended to read as 
follows: 
‘‘SEC. 202. PURPOSE. 
‘‘It is the purpose of this title to create a partnership 
among the Federal Government, States, and localities to 
provide, on a voluntary basis, adult education and literacy 
activities, in order to— 
‘‘(1) assist adults to become literate and obtain 
the knowledge and skills necessary for employment 
and economic self-sufficiency; 
‘‘(2) assist adults who are parents to obtain the 
education and skills that— 
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‘‘(A) are necessary to becoming full part-
ners in the educational development of their 
children; and 
‘‘(B) lead to sustainable improvements in 
the economic opportunities for their family; 
‘‘(3) assist adults in attaining a secondary 
school diploma or its equivalent and in the transition 
to and success in postsecondary education and train-
ing, including through career pathways; 
‘‘(4) assist immigrants and other individuals 
who are English language learners in improving 
their reading, writing, speaking, and comprehension 
skills in English; 
‘‘(5) assist immigrants in acquiring an under-
standing of the American system of government and 
the responsibilities of citizenship; 
‘‘(6) assist States in expanding a 21st century 
delivery system for adult education, literacy, and 
workplace skills services that meet the needs of 
adults at all skill levels; 
‘‘(7) assist adults in developing technology lit-
eracy; and 
‘‘(8) enable more adults to complete adult edu-
cation and enter and succeed in postsecondary edu-
cation and employment.’’. 
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(b) DEFINITIONS.—Section 203 is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) ADULT EDUCATION.—The term ‘adult edu-
cation’ means academic instruction and services 
below the postsecondary level that increase an indi-
vidual’s ability to— 
‘‘(A) read, write, and speak in English and 
perform mathematics or other activities nec-
essary for the attainment of a secondary school 
diploma or its recognized equivalent; 
‘‘(B) transition to and success in postsec-
ondary education and training; or 
‘‘(C) obtain employment.’’; 
(2) in paragraph (2), by striking ‘‘activities de-
scribed in section 231(b)’’ and inserting ‘‘programs, 
activities, and services that include adult education, 
literacy, workplace adult education and literacy ac-
tivities, family literacy activities, English language 
acquisition activities, workforce preparation activi-
ties, or integrated education and training’ ’’; 
(3) by striking paragraphs (3), (8), (9), (10), 
(13), (14), and (17) and redesignating paragraphs 
(4), (7), (11), (12), (15), (16), and (18) as para-
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graphs (3), (9), (10), (11), (13), (14), and (15), re-
spectively; 
(4) in paragraph (3) (as so redesignated), by 
inserting ‘‘activities’’ after ‘‘literacy’’; 
(5) by inserting after paragraph (3) (as so re-
designated) the following: 
‘‘(4) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual— 
‘‘(A) who has attained 16 years of age; 
‘‘(B) who is not enrolled or required to be 
enrolled in secondary school under State law; 
and 
‘‘(C) who— 
‘‘(i) is unable to compute or solve 
problems, or read, write, or speak English 
at a level necessary to function on the job, 
in the individuals’ family, or in society; 
‘‘(ii) does not have a secondary school 
diploma or its recognized equivalent, and 
has not achieved an equivalent level of edu-
cation; or 
‘‘(iii) is an English language learn-
er.’’; 
(6) in paragraph (5)— 
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(A) by striking ‘‘means—’’ and inserting 
‘‘means an organization that has demonstrated 
effectiveness in providing adult education and 
literacy activities that may include—’’; 
(B) in subparagraphs (B) and (C), by 
striking ‘‘of demonstrated effectiveness’’ both 
places it appears; 
(C) in subparagraph (H), by striking ‘‘lit-
eracy services’’ and all that follows and insert-
ing ‘‘adult education and literacy activities to 
eligible individuals;’’; 
(D) in subparagraph (I), by striking the 
period at the end and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(J) a partnership between an employer 
and an entity described in any of subpara-
graphs (A) through (I).’’; 
(7) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) ENGLISH
LANGUAGE
ACQUISITION
PRO-
GRAM.—The term ‘English language acquisition pro-
gram’ means a program of instruction— 
‘‘(A) designed to help eligible individuals 
who are English language learners achieve com-
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petence in reading, writing, speaking, and com-
prehension of the English language; 
‘‘(B) that may lead to— 
‘‘(i) attainment of a secondary school 
diploma or its recognized equivalent; 
‘‘(ii) transition to success in postsec-
ondary education and training; and 
‘‘(iii) employment or career advance-
ment; and 
‘‘(C) that such programs may be sequen-
tial, integrated, or concurrent in nature.’’; 
(8) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) ENGLISH LANGUAGE LEARNER.—The term 
‘English language learner’ when used with respect to 
an eligible individual, means an eligible individual 
who has limited ability in reading, writing, speaking, 
or comprehending the English language, and— 
‘‘(A) whose native language is a language 
other than English; or 
‘‘(B) who lives in a family or community 
environment where a language other than 
English is the dominant language. 
‘‘(8) HIGH QUALITY LITERACY INSTRUCTION.— 
The term ‘high quality literacy instruction’ means 
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developmentally appropriate, explicit, and systematic 
instruction that provides students with— 
‘‘(A) early development and grade-level 
mastery of oral language skills, both listening 
and speaking, phonological awareness, using a 
wide vocabulary, conventional forms of gram-
mar, and academic language; 
‘‘(B) the ability to read regularly spelled 
words and high-frequency irregularly spelled 
words and to decode regularly spelled unfa-
miliar words accurately, using phonemic aware-
ness, print awareness, alphabet knowledge, and 
knowledge of English spelling patterns; 
‘‘(C) the ability to read texts accurately, 
fluently, and with comprehension, relying on 
knowledge of the vocabulary in those texts and 
of the background information that the stu-
dents possess; 
‘‘(D) the ability to read with a purpose and 
the capacity to differentiate purposes and to se-
lect and apply comprehension strategies appro-
priate to achieving the purpose; 
‘‘(E) an understanding of, and ability to 
adapt to, the varying demands of different 
genres, formats, and types of texts across the 
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core content areas in order to comprehend texts 
of appropriate levels of complexity and content, 
including texts necessary for mastery of grade- 
level standards; 
‘‘(F) the ability to effectively access, criti-
cally evaluate, and appropriately synthesize in-
formation from a variety of sources and for-
mats; 
‘‘(G) the development and maintenance of 
a motivation to read and write, as reflected in 
habits of reading and writing regularly and or 
discussing one’s reading and writing with oth-
ers; and 
‘‘(H) the ability to write clearly, accu-
rately, and quickly so as to communicate ideas 
and deepen comprehension, in ways that fit 
purpose, audience, occasion, discipline, and for-
mat; adhere to conventions of spelling and 
punctuation; and benefit from revision so as to 
improve clarity, coherence, logical development, 
and the precise use of language.’’; 
(9) in paragraph (9)— 
(A) in the paragraph heading, by striking 
‘‘SERVICES’’ and inserting ‘‘ACTIVITIES’’; 
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(B) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘services’’ both places 
it appears and inserting ‘‘activities’’; and 
(ii) by striking ‘‘changes in a family’’ 
and inserting ‘‘improvements in the eco-
nomic prospects for a family and that bet-
ter enable parents to support their chil-
dren’s learning needs’’; 
(C) by striking subparagraph (C) and re-
designating subparagraphs (A) and (B) as sub-
paragraphs (B) and (C), respectively; and 
(D) by inserting before subparagraph (B) 
(as so redesignated) the following: 
‘‘(A) Parent adult education and literacy 
activities that lead to readiness for the attain-
ment of a secondary school diploma or its rec-
ognized equivalent postsecondary education or 
training, employment, career advancement, and 
economic self-sufficiency.’’; 
(10) by inserting after paragraph (10) (as so 
redesignated) the following: 
‘‘(11) INTEGRATED
EDUCATION
AND
TRAIN-
ING.—The term ‘integrated education and training’ 
means services that provide adult education and lit-
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eracy activities contextually and concurrently with 
workforce preparation activities and workforce train-
ing for a specific occupation or occupational cluster. 
Such services may include offering adult education 
services concurrent with credit-bearing postsec-
ondary education and training, including through co- 
instruction. 
‘‘(12) INTEGRATED
ENGLISH
LITERACY
AND 
CIVICS EDUCATION.—The term ‘integrated English 
literacy and civics education’ means an integrated 
program of educational services for immigrant and 
other limited English proficient adults, including im-
migrant professionals with degrees and credentials 
in their native countries, that enables them to 
achieve competency in the English language and ac-
quire the basic and more advanced skills needed to 
function effectively as parents, workers, and citizens. 
Such programs shall include instruction in literacy 
and English language acquisition and instruction on 
the rights and responsibilities of citizenship and civic 
participation, and may include workforce training.’’; 
(11) by amending paragraph (15) (as so redes-
ignated) to read as follows: 
‘‘(15) WORKPLACE
ADULT
EDUCATION
AND 
LITERACY ACTIVITIES.—The term ‘workplace adult 
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education and literacy activities’ means adult edu-
cation and literacy activities offered by an eligible 
provider in collaboration with an employer or em-
ployee organization at a workplace or an off-site lo-
cation that is designed to improve the productivity 
of the workforce.’’; and 
(12) by adding at the end the following: 
‘‘(16) 
WORKFORCE
PREPARATION
ACTIVI-
TIES.—The term ‘workforce preparation activities’ 
means activities, programs, or services designed to 
help an individual acquire a combination of basic 
academic skills, critical thinking skills, and self-man-
agement skills, including competencies in utilizing 
resources, using information, working with others, 
understanding systems, working with technology, 
and skills necessary for successful transition into 
and completion of postsecondary education or train-
ing, or employment.’’. 
(c) HOME SCHOOLS.—Section 204 is amended— 
(1) by inserting ‘‘whether a home school is 
treated as a home school or a private school under 
State law,’’ after ‘‘home schools,’’; and 
(2) by striking ‘‘an English literacy program’’ 
and all that follows and inserting ‘‘adult education 
and literacy activities.’’. 
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(d) RULE OF CONSTRUCTION.—Title II is further 
amended by redesignating section 205 as section 206 and 
inserting after section 204 the following: 
‘‘SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSEC-
ONDARY TRANSITION AND CONCURRENT EN-
ROLLMENT ACTIVITIES. 
‘‘Nothing in this title shall be construed to prohibit 
or discourage the use of funds provided under this title 
for adult education and literacy activities that help eligible 
individuals transition to and succeed in postsecondary 
education, including credit-bearing coursework, and train-
ing or employment, or for concurrent enrollment activi-
ties.’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
206 (as so redesignated) is amended— 
(1) by inserting ‘‘$1,100,000,000 for fiscal year 
2013 and’’ after ‘‘to carry out this title’’; and 
(2) by striking ‘‘of the fiscal years 1999 
through 2003’’ and inserting ‘‘succeeding fiscal 
year’’. 
(f) TECHNICAL AMENDMENT.—Title II is further 
amended— 
(1) by striking subtitle B; 
(2) by striking the subtitle A designation; and 
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(3) by redesignating chapters 1 through 4 as 
subtitles A through D, respectively. 
SEC. 202. AMENDMENTS TO SUBTITLE A. 
(a) RESERVATION OF FUNDS, ELIGIBLE AGENCIES, 
ALLOTMENTS.—Section 211 is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION OF FUNDS.—From the sum ap-
propriated under section 206 for a fiscal year, the Sec-
retary— 
‘‘(1) shall reserve $250,000,000 to carry out 
section 242(c)(1)(E); 
‘‘(2) shall reserve 1.5 percent to carry out the 
remainder of section 242, except that the amount so 
reserved shall not exceed $15,000,000; 
‘‘(3) shall reserve 1.5 percent to carry out sec-
tion 243, except that the amount so reserved shall 
not exceed $12,000,000; and 
‘‘(4) shall reserve 12 percent of the amount 
that remains after reserving funds under paragraphs 
(1) and (2) to carry out section 244.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘section 205’’ and insert-
ing ‘‘section 206’’; and 
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(B) by striking ‘‘section 224’’ and insert-
ing ‘‘section 112 or a State unified plan ap-
proved under section 113’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘section 205’’ and in-
serting ‘‘section 206’’; 
(ii) by striking ‘‘section 224’’ and in-
serting ‘‘section 112 or a State unified 
plan approved under section 113’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘$100,000’’ and 
inserting ‘‘$250,000’’; and 
(II) by inserting ‘‘except as pro-
vided in subsection (e)’’ after ‘‘out-
lying area’’; and 
(iv) in subparagraph (B), by striking 
‘‘$250,000’’ and inserting ‘‘$350,000’’; 
and 
(B) in paragraph (2), by striking ‘‘section 
205’’ and inserting ‘‘section 206’’; 
(4) by amending subsection (f) to read as fol-
lows: 
‘‘(f) HOLD-HARMLESS PROVISIONS.— 
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‘‘(1) IN GENERAL.—Notwithstanding subsection 
(c), for fiscal year 2011 and each succeeding fiscal 
year, no eligible agency shall receive an allotment 
under this section that is less than 90 percent of the 
allotment the eligible agency received for the pre-
ceding fiscal year under this section. 
‘‘(2) 100 
PERCENT
ALLOTMENT.—Notwith-
standing paragraph (1) of subsection (e), for a fiscal 
year for which an eligible agency receives only an 
initial allotment under subsection (c)(1) (and no ad-
ditional allotment under subsection (c)(2)) the eligi-
ble agency shall receive an allotment under this sec-
tion that is equal to 100 percent of the initial allot-
ment under subsection (c)(1). 
‘‘(3) RATABLE REDUCTION.—If for any fiscal 
year the amount available for allotment under this 
title is insufficient to satisfy the provisions of para-
graphs (1) and (2), the Secretary shall ratably re-
duce the payments to all eligible agencies, as nec-
essary.’’; and 
(5) by adding at the end the following: 
‘‘(h) STUDY AND REPORT.— 
‘‘(1) STUDY.—The Comptroller General of the 
United States shall conduct a study concerning the 
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formula described in this section and, in conducting 
the study, shall, at a minimum— 
‘‘(A) examine whether the formula results 
in a distribution of funds that sufficiently tar-
gets the entire population of individuals eligible 
for adult education and literacy activities under 
this title; 
‘‘(B) examine whether the data used to 
count qualified adults, for purposes of the for-
mula, accurately identify the population of indi-
viduals eligible for the activities; and 
‘‘(C) develop recommendations, as nec-
essary, for improving the formula so that the 
formula results in a distribution of funds that 
better serves that population and the data used 
to count qualified adults accurately measure 
that population. 
‘‘(2) REPORT.—Not later than 3 years after the 
date of enactment of the Workforce Investment Act 
of 2012, the Comptroller General shall submit to the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Education 
and the Workforce of the House of Representatives 
a report containing the results of the study de-
scribed in paragraph (1).’’. 
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(b) PERFORMANCE ACCOUNTABILITY SYSTEM.—Sec-
tion 212 is amended to read as follows: 
‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 
‘‘Programs and activities authorized in this title are 
subject to the performance accountability provisions de-
scribed in section 136. Additional indicators shall include 
the following: 
‘‘(1) Demonstrated improvements in literacy 
skill levels in reading, writing, and speaking the 
English language, numeracy, English language ac-
quisition, and other literacy skills. 
‘‘(2) Receipt of a secondary school diploma or 
its equivalent. 
‘‘(3) Attainment of an industry-recognized 
workforce readiness credential or other recognized 
postsecondary credential, the attainment of which 
requires skills below the postsecondary level. 
‘‘(4) Placement in, retention in, or completion 
of a postsecondary education or training program.’’. 
SEC. 203. AMENDMENTS TO SUBTITLE B. 
(a) STATE ADMINISTRATION.—Section 221 is amend-
ed— 
(1) in paragraph (1), by striking ‘‘submission, 
and implementation of the State plan’’ and inserting 
‘‘implementation, and monitoring of the relevant 
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components of the State unified plan in section 112 
or the State unified plan in section 113’’. 
(b) STATE DISTRIBUTION AND MATCHING REQUIRE-
MENT.—Section 222 is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘ this subtitle’’ and inserting ‘‘sec-
tion 211(b)’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘82.5 percent’’ and in-
serting ‘‘80 percent’’; 
(ii) by striking ‘‘10 percent’’ and in-
serting ‘‘not less than 10 percent’’; and 
(iii) by striking ‘‘of the 82.5 percent’’; 
(C) in paragraph (2), by striking ‘‘12.5 
percent’’ and inserting ‘‘15 percent’’; and 
(D) 
in 
paragraph 
(3), 
by 
striking 
‘‘$65,000’’ and inserting ‘‘$75,000’’; and 
(2) in subsection (b)(1), by striking ‘‘equal to— 
’’ and inserting ‘‘that is not less than—’’. 
(c) STATE LEADERSHIP ACTIVITIES.—Section 223 is 
amended by amending subsection (a) to read as follows: 
‘‘(a) ACTIVITIES.— 
‘‘(1) REQUIRED.—Each eligible agency shall 
use funds made available under section 222(a)(2) 
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and from other funds available to the State for such 
purposes, for the following adult education and lit-
eracy activities to develop or enhance the adult edu-
cation system of the State or outlying area: 
‘‘(A) The alignment of adult education and 
literacy activities with other core programs and 
one-stop partners, including eligible providers, 
to implement the strategy identified in the uni-
fied State plan under section 112 or the State 
unified plan under section 113, including the 
development of career pathways to provide ac-
cess to employment and training services for in-
dividuals in adult education and literacy activi-
ties. 
‘‘(B) The establishment or operation of 
high-quality professional development programs 
to improve the instruction provided pursuant to 
local activities required under section 231(b), 
including instruction incorporating the essential 
components of reading, writing, and numeracy 
instruction and instruction for English lan-
guage learners as such components relate to 
adults, instruction related to the specific needs 
of adult learners, instruction provided by volun-
teers or by personnel of a State or outlying 
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area, and dissemination of information about 
models and promising practices related to such 
programs. 
‘‘(C) The provision of technical assistance 
to eligible providers of adult education and lit-
eracy activities, including technical assistance 
in— 
‘‘(i) the development and dissemina-
tion of instructional and programmatic 
practices based on available evidence-based 
research, where appropriate, in reading, 
writing, speaking, mathematics, English 
language acquisition programs, distance 
education, and staff training; 
‘‘(ii) the role of eligible providers as a 
one-stop partner in providing access to em-
ployment, education, and training services; 
‘‘(iii) the use of technology, including 
for staff training, to eligible providers, es-
pecially the use of technology to improve 
system efficiencies; 
‘‘(iv) the development of content and 
models for career pathways, including inte-
grated education and training, career 
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bridge programs or instruction, and post-
secondary transition activities; and 
‘‘(v) the acquisition and implementa-
tion of technology tools, applications, and 
other resources that will— 
‘‘(I) help in enhancing or rede-
signing adult education, literacy, and 
workplace skills curricula to improve 
technology literacy for adult learners; 
‘‘(II) facilitate assessments for 
data analysis to enable individualized 
instruction; and 
‘‘(III) be employed in profes-
sional development activities. 
‘‘(D) The monitoring and evaluation of the 
quality of, and the improvement in, adult edu-
cation and literacy activities and the dissemina-
tion of information about models and proven or 
promising practices within the State. 
‘‘(E) The assessment of the quality of the 
adult education teacher workforce in the State, 
which shall include taking actions to improve 
that quality, including by establishing a require-
ment that all paid professionals have at least a 
bachelor’s degree and that volunteers be re-
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quired to be supervised or supported by a paid 
professional with a bachelor’s degree, and 
through such actions as working in partnership 
with colleges and universities to improve the 
quality of adult education teacher preparation 
and increase access to high-quality preparation 
programs. 
‘‘(F) The development of rigorous content 
standards and aligned assessments for their 
adult education programs that reflect accepted 
standards for college- and career-readiness that 
are aligned with the college- and career-ready 
standards the State develops and implements in 
compliance with section 14006(d)(4) of the 
American Recovery and Reinvestment Act of 
2009. 
‘‘(2) PERMISSIBLE
ACTIVITIES.—Each eligible 
agency may use funds made available under section 
222(a)(2) for 1 or more of the following adult edu-
cation and literacy activities: 
‘‘(A) The support of State or regional net-
works of literacy resource centers. 
‘‘(B) The development and implementation 
of technology applications, including online and 
on-air educational digital content, translation 
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technology, or distance education, including 
professional development to support the use of 
instructional technology. 
‘‘(C) The development and dissemination 
of curricula, including curricula incorporating 
the essential components of reading instruction 
as such components relate to adults. 
‘‘(D) The dissemination of content and 
models for integrated education and training 
and career pathways, including the provision of 
technical assistance to eligible providers in the 
State administering such programs. 
‘‘(E) The provision of assistance to eligible 
providers in developing and implementing pro-
grams that achieve the objectives of this title 
and in measuring the progress of those pro-
grams in achieving such objectives, including 
meeting the State adjusted levels of perform-
ance described in section 136(b)(3). 
‘‘(F) The provision of assistance to eligible 
providers in the development of new data man-
agement systems required by the performance 
accountability system described in section 
136(b). 
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‘‘(G) The development and implementation 
of a system to assist in the transition from 
adult education to postsecondary education, in-
cluding linkages with postsecondary educational 
institutions or institutions of higher education. 
‘‘(H) The integration of literacy and 
English language instruction with occupational 
skill training, including promoting linkages with 
employers. 
‘‘(I) Activities to promote workplace adult 
education and literacy activities. 
‘‘(J) Activities to promote and complement 
local outreach initiatives described in section 
243(b)(3)(G). 
‘‘(K) In cooperation with efforts funded 
under sections 242 and 243, development and 
piloting of— 
‘‘(i) promising and proven assessment 
tools and strategies that— 
‘‘(I) are based on evidence-based 
research, where available and appro-
priate; and 
‘‘(II) identify the needs and cap-
ture the gains of students at all levels, 
with particular emphasis on— 
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‘‘(aa) students at the lowest 
achievement level; 
‘‘(bb) 
students 
who 
are 
English language learners; and 
‘‘(cc) adults with learning 
disabilities; 
‘‘(ii) strategies for improving teacher 
quality and retention; 
‘‘(iii) assistance in converting evi-
dence-based research into practice; and 
‘‘(iv) strategies in the use of tech-
nology, including online and on-air edu-
cational digital content to improve tech-
nology literacy for adult learners. 
‘‘(L) The development and implementation 
of programs and services to meet the needs of 
adult learners with learning disabilities who are 
English language learners. 
‘‘(M) Family literacy activities that pro-
mote adult education and help parents become 
their child’s first teacher. 
‘‘(N) Support for recruitment and outreach 
for instructors, students, and employers. 
‘‘(O) Other activities of statewide signifi-
cance that promote the purpose of this title. 
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‘‘(3) DIGITAL LEARNING.—Each eligible agency 
may reserve up to 10 percent of the funds made 
available under section (222)(a)(2) for grants to an 
entity that owns and operates a television public 
broadcast station, as defined in section 397(6) of the 
Communications Act of 1934 (47 U.S.C. 397(6)) 
(including a partnership of such entities), in part-
nership with an eligible agency, State Board de-
scribed in section 111, or institution of higher edu-
cation to develop, disseminate, and provide online 
and on-air education and training services for 
adults, including: 
‘‘(A) the development, training and use of 
innovative, high-quality tools, products, and 
educational digital content and services for— 
‘‘(i) adult education and literacy, 
GED preparation, workforce training, and 
related outreach (including community and 
family) services; 
‘‘(ii) professional development; and 
‘‘(iii) English language education and 
services for non-English speakers; 
‘‘(B) the development and implementation 
of technology applications, including online and 
on-air education digital content, translation 
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technology, or distance education, including 
professional development to support the use of 
instructional technology; and 
‘‘(C) developing and piloting strategies in 
the use of technology through online and on-air 
educational digital content, including to improve 
technology literacy for adult learners.’’. 
(d) STATE PLAN.—Section 224 is amended to read 
as follows: 
‘‘SEC. 224. STATE PLAN. 
‘‘Each State desiring to receive funds under this title 
for any fiscal year shall submit and have approved by the 
Secretary and the Secretary of Labor a State plan in ac-
cordance with section 112 or a State unified plan in ac-
cordance with section 113.’’. 
(e) PROGRAMS FOR CORRECTIONS EDUCATION AND 
OTHER INSTITUTIONALIZED INDIVIDUALS.—Section 225 
is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘basic 
education’’ and inserting ‘‘adult education and 
literacy activities’’; 
(B) in paragraph (2), by striking ‘‘edu-
cation programs’’ and inserting ‘‘education,’’; 
and 
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(C) by striking paragraphs (3) and (4) and 
inserting the following: 
‘‘(3) secondary school credit; 
‘‘(4) integrated education and training; 
‘‘(5) career pathways; 
‘‘(6) concurrent enrollment; 
‘‘(7) 
postsecondary 
correctional 
education 
linked to employment; 
‘‘(8) peer tutoring; and 
‘‘(9) transition to re-entry initiatives and other 
post-release services with the goal of reducing recidi-
vism.’’; and 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) REPORT.—In addition to any report required 
under section 136, each eligible agency that receives as-
sistance provided under this section shall annually prepare 
and submit to the Secretary a report on the progress, as 
described in section 136, of the eligible agency with re-
spect to the programs and activities carried out under this 
section, including the rate of recidivism for the criminal 
offenders served. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CORRECTIONAL INSTITUTION.—The term 
‘correctional institution’ means any— 
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‘‘(A) prison; 
‘‘(B) jail; 
‘‘(C) reformatory; 
‘‘(D) work farm; 
‘‘(E) detention center; or 
‘‘(F) halfway house, community-based re-
habilitation center, or any other similar institu-
tion designed for the confinement or rehabilita-
tion of criminal offenders. 
‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi-
nal offender’ means any individual who is charged 
with or convicted of any criminal offense.’’. 
SEC. 204. AMENDMENTS TO SUBTITLE C. 
(a) GRANTS AND CONTRACTS FOR ELIGIBLE PRO-
VIDERS.—Section 231 is amended— 
(1) in subsection (b), by striking ‘‘one or more 
programs that provide’’ and all that follows and in-
serting ‘‘programs that provide adult education and 
literacy activities, programs that provide such activi-
ties concurrently with postsecondary education or 
training or employment activities, and credit-bearing 
postsecondary coursework.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘Each eligible’’ and insert-
ing: 
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‘‘(1) IN GENERAL.—Each eligible’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and moving such subparagraphs 2 ems to the 
right; 
(C) in subparagraph (A) (as so redesig-
nated), by inserting ‘‘and compete’’ after 
‘‘apply’’; and 
(D) by adding at the end the following: 
‘‘(2) GAO STUDY.—Not later than the second 
program year following the date of enactment of the 
Workforce Investment Act of 2012, the Comptroller 
General shall conduct a study to determine how the 
provisions of paragraph (1) have been implemented 
and whether such provisions accomplished the pur-
poses of such paragraph.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘section 203(1)’’ and in-
serting ‘‘section 203(4)’’; and 
(B) by striking ‘‘other than adult edu-
cation activities’’ and inserting ‘‘other than ac-
tivities for eligible individuals’’; and 
(4) in subsection (e)— 
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(A) in paragraph (1), by striking ‘‘will es-
tablish measurable goals for participant out-
comes’’ and insert ‘‘would be responsive to— 
‘‘(A) regional needs as identified in the 
local plan under section 118; and 
‘‘(B) serving individuals in the community 
who were identified in such plan as most in 
need of adult education and literacy activities, 
including individuals— 
‘‘(i) who have low levels of literacy 
skills; 
‘‘(ii) who have learning disabilities; or 
‘‘(iii) who are English language learn-
ers;’’; 
(B) by amending paragraphs (2) through 
(8) to read as follows: 
‘‘(2) capacity, including past effectiveness in 
improving the English language, reading, and 
mathematic skills of eligible individuals of the eligi-
ble provider, to meet and exceed State-adjusted lev-
els of performance for the primary indicators of per-
formance described in section 136 for eligible indi-
viduals, especially with respect to eligible individuals 
who have low levels of literacy; 
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‘‘(3) the extent to which the eligible provider 
demonstrates alignment between proposed activities 
and services and the strategy and goals of the local 
plan under section 118, as well as with the activities 
and services of the one-stop partners; 
‘‘(4) whether the eligible provider’s program 
uses instructional practices that include the essential 
components of reading instruction; 
‘‘(5) whether the eligible provider’s activities 
are built on a strong foundation of evidence-based 
research on available and effective educational prac-
tices; 
‘‘(6) whether the eligible provider’s activities ef-
fectively employ advances in technology and delivery 
systems, including distance education; 
‘‘(7) whether the eligible provider’s activities 
provide learning in context, including through inte-
grated education and training, so that an individual 
acquires the skills needed to transition to and suc-
cess in completing postsecondary education and 
training programs, obtain and advance in employ-
ment leading to economic self-sufficiency, and exer-
cise the rights and responsibilities of citizenship; 
‘‘(8) whether the eligible provider’s activities 
are delivered by instructors, counselors, and admin-
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264 
istrators who meet minimum qualifications estab-
lished by the State, and who have access to profes-
sional development, including through electronic 
means;’’; 
(C) in paragraph (9)— 
(i) by inserting ‘‘eligible provider’s’’ 
after ‘‘whether the’’; 
(ii) by inserting ‘‘education, training, 
and social service’’ after ‘‘other available’’; 
(iii) by inserting ‘‘local workforce in-
vestment boards,’’ after ‘‘postsecondary 
educational institutions,’’; and 
(iv) by inserting ‘‘, business, industry, 
labor organizations, community-based or-
ganizations, nonprofit organizations, and 
intermediaries, for the development of ca-
reer pathways’’ before the semicolon; 
(D) in paragraph (10)— 
(i) by inserting ‘‘eligible provider’s’’ 
after ‘‘whether the’’; 
(ii) by inserting ‘‘coordination with 
Federal, State, and local’’ after ‘‘schedules 
and’’; and 
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(iii) by striking ‘‘and transportation’’ 
and 
inserting 
‘‘transportation, 
mental 
health services, and career planning’’; and 
(E) by striking paragraphs (11) and (12) 
and inserting the following: 
‘‘(11) the capacity of the eligible provider to 
provide integrated education and training; 
‘‘(12) whether the eligible provider maintains 
an information management system that has the ca-
pacity to report measurable participant outcomes 
(consistent with section 136) and monitor program 
performance; 
‘‘(13) the capacity of the eligible provider to 
offer or connect individuals with career pathways 
that will lead to economic self-sufficiency; 
‘‘(14) whether the local areas in which the eligi-
ble provider is located have demonstrated need for 
additional English language acquisition programs, 
integrated English literacy, and civics education pro-
grams; and 
‘‘(15) the capacity of the eligible provider to 
serve eligible individuals with disabilities, including 
individuals with learning disabilities.’’. 
(b) LOCAL APPLICATION.—Section 232 is amend-
ed— 
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(1) in the matter preceding paragraph (1), by 
striking ‘‘under this subtitle’’ and inserting ‘‘from 
an eligible agency’’; 
(2) in paragraph (1), by striking ‘‘; and’’ and 
inserting ‘‘consistent with the requirements of this 
title;’’; and 
(3) by striking the period at the end of para-
graph (2) and inserting a semicolon, and after such 
paragraph inserting the following: 
‘‘(3) a description of how the eligible provider 
will provide services in alignment with the local plan 
under section 118, including how such provider will 
promote concurrent enrollment in programs and ac-
tivities under titles I and II, as appropriate, to assist 
eligible individuals in accessing and succeeding in 
postsecondary education and job training services 
and how such provider will promote access to career 
pathways; 
‘‘(4) a description of how the eligible provider 
will meet the State adjusted levels of performance 
described in section 136(b)(3), including how such 
provider will collect data to report on such perform-
ance indicators; 
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‘‘(5) a description of how the eligible provider 
will fulfill one-stop partner responsibilities as de-
scribed in section 121(b)(1)(A), as appropriate; 
‘‘(6) a description of how the eligible provider 
will provide services in a manner that meets the 
needs of eligible individuals; and 
‘‘(7) information that addresses the consider-
ations described under section 231(e), as applica-
ble.’’. 
(c) LOCAL ADMINISTRATIVE COST LIMITS.—Section 
233 is amended— 
(1) in subsection (a)(2), by striking ‘‘personnel 
development and interagency coordination’’ and in-
serting ‘‘(including carrying out the requirements of 
section 136), professional development, and the ac-
tivities described in paragraphs (3) and (5) of sec-
tion 232’’; and 
(2) in subsection (b), by striking ‘‘adequate 
planning, administration, personnel development, 
and interagency coordination’’ and inserting ‘‘the eli-
gible provider to carry out the activities described in 
subsection (a)(2)’’. 
SEC. 205. AMENDMENTS TO SUBTITLE D. 
(a) ADMINISTRATIVE PROVISIONS.—Section 241(b) 
is amended— 
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(1) in paragraph (1)(A), by striking ‘‘adult edu-
cation and literacy activities’’ and inserting ‘‘activi-
ties under this title’’; and 
(2) in paragraph (4), by striking ‘‘1 fiscal year 
only’’ and inserting ‘‘not more than 1 fiscal year’’. 
(b) NATIONAL INSTITUTE FOR ADULT EDUCATION 
AND LITERACY.—Section 242 is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘Adult Education and’’ after ‘‘In-
stitute for’’; 
(B) in paragraph (1), by striking ‘‘lit-
eracy’’ and inserting ‘‘effective adult education 
and literacy activities for adults and families, 
including the identification of research topics’’; 
(C) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively, and 
inserting after paragraph (1) the following: 
‘‘(2) supports the development and replication 
of promising and proven approaches to adult edu-
cation and literacy activities and programs of dem-
onstrated effectiveness;’’; 
(D) in paragraph (3) (as so redesignated), 
by striking ‘‘literacy’’ and inserting ‘‘and dis-
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seminates information on adult education and 
literacy activities,’’; and 
(E) in paragraph (4) (as so redesignated), 
by striking ‘‘programs by—’’ and all that fol-
lows through subparagraph (A) and inserting 
‘‘activities by— 
‘‘(A) providing advice on the efforts of the 
Department of Education, Department of 
Labor, and the Department of Health and 
Human Services and other relevant agencies to 
achieve the goals of adult education and literacy 
programs and programs consistent with title I, 
within and across such agencies; 
‘‘(B) coordinating and participating in the 
Federal effort to identify, produce, and dissemi-
nate information on adult education and lit-
eracy activities that are derived from available 
evidence-based research and effective programs 
that serve adults and families, including individ-
uals with learning disabilities; and 
‘‘(C) providing current information annu-
ally on effective practices and research in adult 
education and literacy activities to the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Edu-
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cation and the Workforce of the House of Rep-
resentatives, and the relevant Federal agen-
cies.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘Adult 
Education and’’ after ‘‘Institute for’’; and 
(B) in paragraph (2), by striking ‘‘sepa-
rate’’ and inserting ‘‘independent’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) DUTIES.— 
‘‘(1) IN GENERAL.—In order to reinforce and 
support the alignment of activities and programs 
consistent with provisions under title I, the Institute 
is authorized— 
‘‘(A) to maintain a national electronic 
database of information that disseminates infor-
mation to the broadest possible audience within 
the adult education and literacy field, and that 
includes— 
‘‘(i) best practices and research re-
garding the provision of adult education 
and literacy activities, including instruction 
in the essential components of reading in-
struction, integrated education and train-
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ing, and the integration of English literacy 
and civics education; 
‘‘(ii) public and private adult edu-
cation and literacy activities and programs, 
and Federal, State, and local policies, af-
fecting the provision of adult education 
and literacy activities at the national, 
State, and local levels; 
‘‘(iii) opportunities for technical as-
sistance, meetings, conferences, and other 
opportunities that lead to the improvement 
of adult education and literacy activities; 
‘‘(iv) a list of eligible providers; and 
‘‘(v) best practices in reading re-
search, numeracy instruction, and service 
to English language learners; 
‘‘(B) to coordinate the support of prom-
ising and proven research, as defined by the In-
stitute of Education Sciences, and development 
on adult education and literacy activities for 
adults and for employers across Federal agen-
cies, and to carry out basic and applied re-
search and development on topics that are not 
being investigated by other organizations or 
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agencies, such as the special literacy needs of 
individuals with learning disabilities; 
‘‘(C) to provide policy and technical assist-
ance to Federal, State, and local entities for the 
improvement of policy and programs relating to 
adult education and literacy activities; 
‘‘(D) to fund a network of State or re-
gional adult education and literacy resource 
centers to assist State eligible agencies, eligible 
providers, and private nonprofit efforts to im-
prove adult education and literacy activities 
by— 
‘‘(i) encouraging the coordination of 
adult education and literacy activities; 
‘‘(ii) enhancing the capacity of State 
eligible agencies and eligible providers to 
deliver adult education and literacy activi-
ties; and 
‘‘(iii) serving as a link between the In-
stitute and eligible providers of adult edu-
cation and literacy activities for the pur-
pose of sharing information, data, re-
search, expertise, and literacy resources, 
and for soliciting research needs; 
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‘‘(E) to establish and maintain a national 
adult learning and technology resource center 
to— 
‘‘(i) develop frameworks for tech-
nology-based learning and professional de-
velopment materials for adult education, 
literacy, and workplace skills; 
‘‘(ii) support distance education for 
professional development for eligible enti-
ties and eligible providers of adult edu-
cation, literacy, and workplace skills serv-
ices; 
‘‘(iii) coordinate and share informa-
tion on the innovative uses of technology, 
such as the use of assistive technology to 
deliver digital content to adult learners; 
and 
‘‘(iv) be accessible to the public 
through the website of the center; 
‘‘(F) to advise Congress and Federal de-
partments and agencies regarding the develop-
ment of policy with respect to adult education 
and literacy activities; 
‘‘(G) to undertake other activities that lead 
to the improvement of the Nation’s adult edu-
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cation and literacy delivery system and that 
complement other such efforts being undertaken 
by public and private agencies and organiza-
tions, including activities that relate to the ac-
quisition of skills in reading, writing, English 
language acquisition, and mathematics; 
‘‘(H) to assist States that are pursuing the 
implementation of standards-based educational 
improvements and related standards-based as-
sessment instruments for eligible providers 
through the dissemination of training, technical 
assistance, and related support; and 
‘‘(I) to develop and disseminate best prac-
tices on the education, training, professional de-
velopment, certification, and credentialing of 
adult education instructors, including how the 
use of technology can contribute to such efforts. 
‘‘(2) GRANTS, CONTRACTS, AND COOPERATIVE 
AGREEMENTS.—The Institute may award competi-
tive grants to, or enter into contracts or cooperative 
agreements with, individuals, public or private insti-
tutions, agencies, organizations, or consortia of such 
institutions, agencies, or organizations to carry out 
the activities of the Institute. 
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‘‘(3) COORDINATION.—In identifying and sup-
porting promising and proven research the Institute 
shall use standards for research quality that are con-
sistent with those of the Institute of Education 
Sciences.’’; 
(4) in subsection (d)(1), by striking ‘‘research, 
or innovation’’ and inserting ‘‘or research’’; 
(5) in subsection (e)— 
(A) in the subsection heading, by inserting 
‘‘ADULT EDUCATION AND’’ after ‘‘INSTITUTE 
FOR’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A), by inserting 
‘‘Adult Education and’’ after ‘‘Institute 
for’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘adult education 
and’’ after ‘‘organizations and pro-
viders of’’; and 
(II) by striking ‘‘English lit-
eracy’’ and inserting ‘‘English lan-
guage acquisition’’; 
(iii) in subparagraph (B)(ii), by strik-
ing ‘‘literacy programs’’ and inserting ‘‘or 
have participated in or partnered with 
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workplace adult education and literacy ac-
tivities’’; 
(iv) in subparagraph (B)(iii), by strik-
ing ‘‘literacy’’ both places it appears and 
inserting ‘‘adult education and literacy’’; 
(v) in subparagraph (B)(iv), by insert-
ing ‘‘adult education and literacy research, 
including adult’’ after ‘‘area of’’; 
(vi) in subparagraph (B)(vi), by strik-
ing ‘‘and’’; 
(vii) in subparagraph (B)(vii), by 
striking the period and inserting ‘‘; and’’; 
and 
(viii) by adding at the end the fol-
lowing: 
‘‘(viii) institutions of higher education 
or postsecondary educational institutions.’’; 
(C) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘and’’; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(D) review the biennial report submitted 
to Congress pursuant to subsection (k).’’; and 
(D) in paragraph (5)— 
(i) by striking ‘‘Any’’ and inserting 
‘‘A’’; and 
(ii) by inserting ‘‘at a meeting for 
which there is a quorum’’ before the pe-
riod; 
(6) in subsection (k)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘The’’ and inserting 
‘‘Not later than 1 year after the date of 
enactment of the Workforce Investment 
Act of 2012, and biennially thereafter, 
the’’; and 
(ii) by striking ‘‘Committee on Labor 
and Human Resources of the Senate’’ and 
inserting ‘‘Committee on Health, Edu-
cation, Labor and Pensions of the Senate 
and the relevant agencies’’; 
(B) in paragraph (1), by inserting ‘‘adult 
education and’’ after ‘‘field of’’; and 
(C) in paragraph (2), by striking ‘‘adult 
education and’’ after ‘‘goals of the’’; and 
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(7) by adding at the end the following: 
‘‘(m) NATIONAL INSTITUTE FOR LITERACY.—Any 
reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of 
or pertaining to— 
‘‘(1) the head of the National Institute for Lit-
eracy shall be treated as a reference to the head of 
the National Institute for Adult Education and Lit-
eracy; and 
‘‘(2) the National Institute for Literacy shall be 
treated as a reference to the National Institute for 
Adult Education and Literacy.’’. 
(c) NATIONAL LEADERSHIP ACTIVITIES.—Section 
243 is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘The Secretary’’ and in-
serting: 
‘‘(a) IN GENERAL.—The Secretary’’; 
(B) by inserting ‘‘and outcomes’’ after 
‘‘the quality’’; 
(C) by striking ‘‘programs’’ and inserting 
‘‘activities and programs’’; and 
(D) by striking ‘‘Such activities may in-
clude the following:’’ and inserting: 
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‘‘(b) ALLOWABLE ACTIVITIES.—The national leader-
ship activities described in subsection (a) may include the 
following:’’; 
(2) in paragraph (1)— 
(A) by redesignating subparagraphs (A) 
through (C) as subparagraphs (B) through (D), 
respectively and inserting before subparagraph 
(B) (as so redesignated) the following: 
‘‘(A) assistance to help States meet the re-
quirements of section 136;’’; 
(B) in subparagraph (B) (as so redesig-
nated)— 
(i) by striking ‘‘developing and using 
performance 
measures’’ 
and 
inserting 
‘‘using performance accountability meas-
ures based on indicators described in sec-
tion 136, and data systems’’; and 
(ii) by striking ‘‘, including family lit-
eracy services’’; 
(C) in subparagraph (C) (as so redesig-
nated), by striking ‘‘including family literacy 
services’’ and all that follows and inserting 
‘‘utilizing evidence-based research where avail-
able;’’; 
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(D) in subparagraph (D) (as so redesig-
nated)— 
(i) by striking ‘‘learning’’ and insert-
ing ‘‘education’’; and 
(ii) by striking the period and insert-
ing the following: ‘‘, including through the 
use of instructional models that blend in- 
person and online instruction; and’’; and 
(E) by adding at the end the following: 
‘‘(E) assistance in the development and 
dissemination of promising and proven models 
for addressing the digital literacy needs of 
adults, including older adults.’’; 
(3) by redesignating paragraph (2) as para-
graph (3), and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) A program of grants, contracts, or cooper-
ative agreements awarded on a competitive basis to 
national, regional, or local networks of private non-
profit organizations, public libraries, or institutions 
of higher education to build the capacity of such net-
works’ members to— 
‘‘(A) meet the performance requirements, 
described in section 136, of eligible providers 
under this title; and 
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‘‘(B) involve eligible individuals in program 
improvement.’’; and 
(4) in paragraph (3) (as so redesignated)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘institutions of higher edu-
cation,’’ after ‘‘postsecondary educational insti-
tutions,’’; 
(B) in subparagraph (A), by striking ‘‘pho-
nemic awareness’’ and all that follows through 
‘‘reading comprehension’’ and inserting ‘‘the es-
sential components of reading instruction’’; 
(C) in subparagraph (B), by striking ‘‘, in-
cluding family literacy services’’; 
(D) in subparagraph (C), by striking ‘‘re-
search, such as’’ and inserting: ‘‘research, in-
cluding evidence-based research where available, 
on national literacy basic skill acquisition for 
adult learning, including’’; 
(E) in subparagraph (D)— 
(i) in clause (i), by striking the semi-
colon and inserting ‘‘, which may include 
programs that— 
‘‘(I) accelerate learning outcomes 
for eligible individuals with the lowest 
literacy levels; 
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‘‘(II) promote career pathways 
for eligible individuals; 
‘‘(III) promote concurrent enroll-
ment programs in adult education and 
credit 
bearing 
postsecondary 
coursework; and 
‘‘(IV) develop high-quality profes-
sional development activities for eligi-
ble providers;’’; and 
(ii) in clause (ii), by striking ‘‘such as 
the development’’ and all that follows and 
inserting ‘‘such as— 
‘‘(I) programs for skill certifi-
cation; 
‘‘(II) the identification of effec-
tive strategies for working with adults 
with learning disabilities and with 
adults who are English language 
learners; 
‘‘(III) integrated education and 
training programs; 
‘‘(IV) programs providing adult 
education and literacy activities co-
ordinated with employment services; 
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‘‘(V) family literacy activities 
that promote adult education and help 
parents become their child’s first 
teacher; and 
‘‘(VI) postsecondary education 
and training transition programs;’’; 
(F) in subparagraph (E)— 
(i) in the matter preceding clause (i), 
by striking ‘‘through studies and analyses 
conducted independently’’; 
(ii) in clause (i)— 
(I) by inserting ‘‘accountability’’ 
after ‘‘performance’’; 
(II) by inserting ‘‘, including in-
terim measures connected to increas-
ing advancement along a career path-
way,’’ after ‘‘measures of account-
ability’’; and 
(III) by striking ‘‘, including 
family literacy services’’; 
(iii) in clause (ii)— 
(I) by striking ‘‘including family 
literacy services’’; and 
(II) by striking ‘‘adults (and of 
children’’ and all that follows through 
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‘‘in such activities’’ and inserting ‘‘eli-
gible individuals, lead’’; 
(iv) in clause (iii)— 
(I) by striking ‘‘adults’’ and in-
serting ‘‘eligible individuals’’; 
(II) by striking ‘‘family’’; and 
(III) by striking ‘‘programs’’ and 
inserting ‘‘activities’’; and 
(v) in clause (iv), by striking ‘‘eligible 
agencies have distributed’’ and all that fol-
lows and inserting ‘‘different types of pro-
viders measurably improve the skills of eli-
gible individuals in adult education and lit-
eracy activities;’’; 
(G) by redesignating subparagraphs (F), 
(G) and (H) as subparagraphs (G), (H), and 
(K), respectively; 
(H) by inserting after subparagraph (E) 
the following: 
‘‘(F) carrying out research on the relation-
ship between instructional quality, including 
education levels, certification status, and experi-
ence of instructors, and the performance out-
comes of eligible providers consistent with sec-
tion 136;’’; 
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(I) in subparagraph (G) (as so redesig-
nated)— 
(i) by inserting ‘‘of programs’’ after 
‘‘building’’; and 
(ii) by striking ‘‘subtitle’’ and insert-
ing ‘‘title’’; and 
(J) in subparagraph (H) (as so redesig-
nated), by striking ‘‘; and’’ and inserting a 
semicolon and inserting after such subpara-
graph the following: 
‘‘(I) supporting the development of an enti-
ty that would produce and distribute tech-
nology-based programs and materials for adult 
education and literacy activities using an inter-
connection system (as defined in section 397 of 
the Communications Act of 1934 (47 U.S.C. 
397)) and expand the effective outreach and 
use of such programs and materials to eligible 
providers; 
‘‘(J) determining how participation in 
adult education and literacy activities prepares 
eligible individuals for entry into postsecondary 
education and employment and, in the case of 
programs carried out in correctional institu-
tions, has an effect on recidivism; and’’. 
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(d) INTEGRATED ENGLISH LITERACY AND CIVICS 
EDUCATION.—Subtitle D, as redesignated by section 
201(f), is further amended by adding after section 243 
the following new section: 
‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS 
EDUCATION. 
‘‘(a) IN GENERAL.—From funds made available 
under section 211(a)(1)(C) for each fiscal year, the Sec-
retary shall award grants to States, from allotments under 
subsection (b), for integrated English literacy and civics 
education. 
‘‘(b) ALLOTMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
from 
amounts 
made 
available 
under 
section 
211(a)(1)(C) for a fiscal year, the Secretary shall al-
locate— 
‘‘(A) 65 percent to the States on the basis 
of a State’s need for integrated English literacy 
and civics education, as determined by calcu-
lating each State’s share of a 10-year average 
of the data of the Office of Immigration Statis-
tics of the Department of Homeland Security 
for immigrants admitted for legal permanent 
residence for the 10 most recent years; and 
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‘‘(B) 35 percent to the States on the basis 
of whether the State experienced growth, as 
measured by the average of the 3 most recent 
years for which the data of the Office of Immi-
gration Statistics of the Department of Home-
land Security for immigrants admitted for legal 
permanent residence are available. 
‘‘(2) MINIMUM.—No State shall receive an al-
lotment under paragraph (1) in an amount that is 
less than $60,000. 
‘‘(c) STUDY TO DETERMINE CONTINUED NEED.— 
Not later than 2 years after the date of the enactment 
of the Workforce Investment Act of 2012 and every 2 
years thereafter, the Secretaries of Education, Labor, and 
Homeland Security shall submit a report to Congress 
about the English-language instruction needs of adult im-
migrants. It shall include changes in national, State and 
county-level approaches and requirements in English-lan-
guage instruction; data on the composition of recent immi-
gration flows and immigrant settlement patterns across 
States; and estimated instructional needs based on the 
English ability and educational attainment of recent immi-
grants from top immigrant-sending countries. Such study 
shall be commissioned by the Institute of Education 
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Sciences, with its design conducted in collaboration with 
the Departments of Labor and Homeland Security.’’. 
TITLE III—AMENDMENTS TO 
THE WAGNER-PEYSER ACT 
SEC. 301. EMPLOYMENT SERVICE OFFICES. 
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) 
is amended by inserting ‘‘service’’ before ‘‘offices’’. 
SEC. 302. DEFINITIONS. 
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) 
is amended— 
(1) by redesignating paragraphs (2) through 
(5) as paragraphs (3) through (6), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) the term ‘employment service office’ means 
a local office of a State agency;’’; 
(3) in paragraph (3) (as so redesignated)— 
(A) by striking ‘‘investment board’’ each 
place it appears and inserting ‘‘development 
board’’; and 
(B) by striking ‘‘of 1998’’ and inserting 
‘‘of 2011’’; 
(4) in paragraph (4) (as so redesignated)— 
(A) by striking ‘‘134(c)’’ and inserting 
‘‘221(e)’’; and 
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(B) by striking ‘‘1998’’ and inserting 
‘‘2011’’; 
(5) in paragraph (5) (as so redesignated), by 
striking ‘‘and’’ at the end; 
(6) in paragraph (6) (as so redesignated), by 
striking the period and inserting ‘‘; and’’; and 
(7) by adding at the end the following: 
‘‘(7) except in section 15, the term ‘State agen-
cy’, used without further description, means an 
agency designated or authorized under section 4; 
and 
‘‘(8) the term ‘workplace learning advisor’, has 
the meaning given the terms in section 101 of the 
Workforce Investment Act of 1998.’’. 
SEC. 303. FEDERAL AND STATE EMPLOYMENT SERVICE OF-
FICES. 
(a) COORDINATION.—Section 3(a) of the Wagner- 
Peyser Act (29 U.S.C. 49b(a)) is amended by striking 
‘‘services’’ and inserting ‘‘service offices’’. 
(b) PUBLIC LABOR EXCHANGE SERVICES SYSTEM.— 
Section 3(c)(2) of the Wagner-Peyser Act (29 U.S.C. 
49b(c)(2)) is amended by inserting ‘‘, and identify and dis-
seminate information on best practices for such system’’ 
before the semicolon. 
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(c) ONE-STOP CENTERS.—Section 3 of the Wagner- 
Peyser Act (29 U.S.C. 49b) is amended by inserting after 
subsection (c) the following: 
‘‘(d) In order to improve service delivery, avoid dupli-
cation of services, and enhance coordination of services, 
the employment service offices in each State and the one- 
stop centers shall be collocated to the extent practicable. 
‘‘(e) The Secretary, in consultation with States, is au-
thorized to assist the States in the development of national 
electronic tools that may be used to improve access to 
workforce information for individuals through— 
‘‘(1) the one-stop delivery systems established 
as described in section 121(e) of the Workforce In-
vestment Act of 2012; and 
‘‘(2) such other delivery systems as the Sec-
retary determines to be appropriate.’’. 
SEC. 304. ALLOTMENT OF SUMS. 
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘From’’ and inserting 
‘‘After making the reservation required by sub-
section (c), from’’; and 
(B) by striking ‘‘amounts appropriated 
pursuant to section 5’’ and inserting ‘‘funds ap-
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propriated and (except for Guam) certified 
under section 5 and made available for allot-
ments under this section’’; and 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by inserting before ‘‘the Secretary’’ 
the following ‘‘after making the allotments 
required by subsection (a),’’; and 
(ii) by striking ‘‘sums’’ and all that 
follows through ‘‘this Act’’ and inserting 
‘‘funds described in subsection (a)’’; 
(B) in each of subparagraphs (A) and (B), 
by striking ‘‘sums’’ and inserting ‘‘remainder’’; 
and 
(C) by adding at the end the following: 
‘‘For purposes of this paragraph, the term 
‘State’ does not include Guam or the Virgin Is-
lands.’’. 
SEC. 305. USE OF SUMS. 
(a) RESOURCES FOR UNEMPLOYMENT INSURANCE 
CLAIMANTS.—Section 7(a)(3) of the Wagner-Peyser Act 
(29 U.S.C. 49f(a)(3)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
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(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) providing unemployment insurance 
claimants and other unemployed individuals 
with referrals to, and application assistance for, 
training and education resources and programs, 
including Federal Pell Grants under subpart 1 
of part A of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070a et seq.), edu-
cational assistance under chapter 30 of title 38, 
United States Code (commonly referred to as 
the Montgomery GI Bill), and chapter 33 of 
that title (Post-9/11 Veterans Educational As-
sistance), student assistance under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.), State student higher education 
assistance, and training and education pro-
grams provided under titles I and II of the 
Workforce Investment Act of 2012, and title I 
of the Rehabilitation Act of 1973 (29 U.S.C. 
720 et seq.).’’. 
(b) STATE ACTIVITIES.—Section 7(b) of the Wagner- 
Peyser Act (29 U.S.C. 49f(b)) is amended— 
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(1) in paragraph (1), by striking ‘‘performance 
standards established by the Secretary’’ and insert-
ing ‘‘the performance accountability measures that 
are based on indicators described in section 
136(b)(2)(A)(i) of the Workforce Investment Act of 
2012’’; and 
(2) in paragraph (2), by inserting ‘‘offices’’ 
after ‘‘employment service’’. 
(c) 
PROVIDING
ADDITIONAL
FUNDS.—Section 
7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) 
is amended by striking ‘‘1998’’ and inserting ‘‘2011’’. 
(d) OTHER SERVICES
AND ACTIVITIES.—Section 
7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is 
amended by striking ‘‘1998’’ and inserting ‘‘2011’’. 
(e) CONFORMING AMENDMENT.—Section 7(e) of the 
Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by 
striking ‘‘labor employment statistics’’ and inserting 
‘‘labor market information’’. 
SEC. 306. STATE PLAN. 
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) 
is amended to read as follows: 
‘‘SEC. 8. Any State desiring to receive assistance 
under section 6 shall prepare and submit to, and have ap-
proved by, the Secretary and the Secretary of Education, 
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a State plan in accordance with section 112 or 113 of the 
Workforce Investment Act of 2011.’’. 
SEC. 307. PERFORMANCE ACCOUNTABILITY MEASURES. 
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 
49l(a)) is amended to read as follows: 
‘‘(a) The activities carried out pursuant to section 7 
shall be subject to the performance accountability meas-
ures that are based on indicators described in section 
136(b)(2)(A)(i) of the Workforce Investment Act of 
2011.’’. 
SEC. 308. PILOT PROJECTS. 
The Wagner-Peyser Act is amended by inserting after 
section 13 (29 U.S.C. 49l) the following: 
‘‘SEC. 13A. PILOT PROJECTS. 
‘‘(a) GRANTS.—From funds appropriated under sub-
section (f), the Secretary, in consultation with the Sec-
retary of Education, shall establish and carry out a pilot 
program. In carrying out the program, the Secretary shall 
annually make grants, on a competitive basis, to State 
agencies to cooperate in the administration of this Act by 
carrying out pilot projects that enhance the professional 
development and provision of services by the staff of such 
State agencies. 
‘‘(b) USE OF FUNDS.—Funds made available under 
this section may be used to enable a State agency to— 
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‘‘(1) make available a broad range of career 
guidance services, including career planning, apti-
tude and interest assessments, provision of labor 
market information, job placement services, and 
evaluations of the outcomes for recipients of such 
services; 
‘‘(2) strengthen the capacity of the State agen-
cy to identify job openings through the use of tech-
nology, and through intensive outreach to small- and 
medium-size employers while using and enhancing 
the business and employer services authorized under 
this Act; 
‘‘(3) provide professional development and ca-
reer advancement opportunities for staff of a State 
agency in order to upgrade their skills and com-
petencies in the provision of career development ac-
tivities, employer outreach, job placement, and other 
services authorized under this Act, including upgrad-
ing those skills and competencies through the train-
ing of such staff to improve their knowledge of, and 
ability to effectively interact with, staff and pro-
grams of one-stop partners and other entities admin-
istering workforce development programs; 
‘‘(4) identify and implement strategies for State 
agency staff to provide technical assistance and 
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training to assist other providers of workforce devel-
opment activities, including workplace learning advi-
sors, in providing counseling and employment-related 
services to workers and job seekers, and employers; 
and 
‘‘(5) identify and implement new strategies for 
integrating counseling and technology to enhance the 
provision of employment-related services under this 
Act. 
‘‘(c) APPLICATIONS.—A State agency that seeks a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(d) PRIORITY.—In awarding grants under this sec-
tion, the Secretary, in consultation with the Secretary of 
Education, shall— 
‘‘(1) give priority to a State agency that— 
‘‘(A) demonstrates participation by em-
ployees of the agency and their organized rep-
resentatives in the planning of the proposed 
pilot project; 
‘‘(B) demonstrates participation by the 
employees, or provides an assurance that the 
employees will participate, in the implementa-
tion of the pilot project; and 
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‘‘(C) demonstrates that the State agency 
has established a partnership, or provides an 
assurance that the agency will establish a part-
nership, with a relevant professional organiza-
tion, or with an institution of higher education; 
and 
‘‘(2) ensure geographic diversity and diversity 
with respect to the population density of the States 
in which projects under this section will be carried 
out. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2012 through 2016.’’. 
SEC. 309. LABOR MARKET INFORMATION SYSTEM. 
(a) HEADING.—The section heading for section 15 of 
the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by 
striking ‘‘EMPLOYMENT
STATISTICS’’ and inserting 
‘‘LABOR MARKET INFORMATION SYSTEM’’. 
(b) NAME OF SYSTEM.—Section 15(a)(1) of the Wag-
ner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by 
striking ‘‘employment statistics system of employment sta-
tistics’’ and inserting ‘‘labor market information system’’. 
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(c) SYSTEM RESPONSIBILITIES.—Section 15(b) of 
the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amend-
ed— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.— 
‘‘(A) STRUCTURE.—The labor market in-
formation system described in subsection (a) 
shall be evaluated and improved by the Sec-
retary, in consultation with the Workforce In-
formation Advisory Council established in sub-
section (d). 
‘‘(B) GRANTS AND RESPONSIBILITIES.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall carry out the provisions of this sec-
tion in a timely manner, through grants to 
or agreements with States. 
‘‘(ii) DISTRIBUTION
OF
FUNDS.— 
Using amounts appropriated under sub-
section (g), the Secretary shall provide 
funds through those grants and agree-
ments. In distributing the funds (relating 
to labor market information funding) for 
fiscal years 2012 through 2016, the Sec-
retary shall continue to distribute the 
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funds to States in the manner in which the 
Secretary distributed funds to the States 
under this section for fiscal years 2004 
through 2008.’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DUTIES.—The Secretary, with respect to 
data collection, analysis, and dissemination of labor 
market information for the system, shall carry out 
the following duties: 
‘‘(A) Assign responsibilities within the De-
partment of Labor for elements of the labor 
market information system described in sub-
section (a) to ensure that the statistical and ad-
ministrative data collected is consistent with ap-
propriate Bureau of Labor Statistics standards 
and definitions, and that the information is ac-
cessible and understandable to users of such 
data. 
‘‘(B) Actively seek the cooperation of heads 
of other Federal agencies to establish and main-
tain mechanisms for ensuring complementarity 
and nonduplication in the development and op-
eration of statistical and administrative data 
collection activities. 
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‘‘(C) Solicit, receive, and evaluate the rec-
ommendations from the Workforce Information 
Advisory Council established in subsection (d) 
concerning the evaluation and improvement of 
the labor market information system described 
in subsection (a) and respond in writing to the 
Council regarding the recommendations. 
‘‘(D) Through the Bureau of Labor Statis-
tics and the Employment and Training Admin-
istration, and in collaboration with States, de-
velop and maintain the elements of the labor 
market information system described in sub-
section (a), including the development of con-
sistent procedures and definitions for use by the 
States in collecting the data and information 
described in subparagraphs (A) and (B) of sub-
section (a)(1). 
‘‘(E) Establish procedures for the system 
to ensure that— 
‘‘(i) such data and information are 
timely; and 
‘‘(ii) paperwork and reporting for the 
system are reduced to a minimum.’’. 
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(d) TWO-YEAR PLAN.—Section 15 of the Wagner- 
Peyser Act (29 U.S.C. 49l–2) is amended by striking sub-
section (c) and inserting the following: 
‘‘(c) TWO-YEAR
PLAN.—The Secretary, acting 
through the Commissioner of Labor Statistics and the As-
sistant Secretary for Employment and Training, and in 
consultation with the Workforce Information Advisory 
Council described in subsection (d) and heads of other ap-
propriate Federal agencies, shall prepare a 2-year plan for 
the labor market information system. The plan shall be 
developed and implemented in a manner that takes into 
account the activities described in State plans submitted 
by States under section 112 or 113 of the Workforce In-
vestment Act of 2012 and shall be submitted to the Com-
mittee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate. The plan shall in-
clude— 
‘‘(1) a description of how the Secretary will 
work with the States to manage the nationwide labor 
market information system described in subsection 
(a) and the statewide workforce and labor market 
information systems that comprise the nationwide 
system; 
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‘‘(2) a description of the steps to be taken in 
the following 2 years to carry out the duties de-
scribed in subsection (b)(2); 
‘‘(3) an evaluation of the performance of the 
system, with particular attention to the improve-
ments needed at the State and local levels; 
‘‘(4) a description of the involvement of States 
in the development of the plan, through consultation 
by the Secretary with the Workforce Information 
Advisory Council in accordance with subsection (d); 
and 
‘‘(5) a description of the written recommenda-
tions received from the Workforce Information Advi-
sory Council established under subsection (d), and 
the extent to which those recommendations were in-
corporated into the plan.’’. 
(e) WORKFORCE INFORMATION ADVISORY COUN-
CIL.—Section 15 of the Wagner-Peyser Act (29 U.S.C. 
49l–2) is amended by striking subsection (d) and inserting 
the following: 
‘‘(d) WORKFORCE INFORMATION ADVISORY COUN-
CIL.— 
‘‘(1) IN GENERAL.—The Secretary, through the 
Commissioner of Labor Statistics and the Assistant 
Secretary of Labor for Employment and Training, 
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shall formally consult at least twice annually with 
the Workforce Information Advisory Council estab-
lished in accordance with paragraph (2). Such con-
sultations shall address the evaluation and improve-
ment of the nationwide labor market information 
system described in subsection (a) and the statewide 
labor market information systems that comprise the 
nationwide system and how the Department of 
Labor and the States will cooperate in the manage-
ment of such systems. The Council shall provide 
written recommendations to the Secretary con-
cerning the evaluation and improvement of the na-
tionwide system, including any recommendations re-
garding the 2-year plan described in subsection (c). 
‘‘(2) ESTABLISHMENT OF COUNCIL.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish an advisory council that shall be 
known as the Workforce Information Advisory 
Council (referred to in this section as the 
‘Council’) to participate in the consultations 
and provide the recommendations described in 
paragraph (1). 
‘‘(B) MEMBERSHIP.—The Secretary shall 
appoint the members of the Council, which shall 
consist of— 
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‘‘(i) 4 members who are representa-
tives of lead State agencies with responsi-
bility for workforce investment activities, 
or State agencies described in section 4, 
who have been nominated by such agencies 
or by a national organization that rep-
resents such agencies; 
‘‘(ii) 4 members who are representa-
tives of the State labor market information 
directors affiliated with the State agencies 
that perform the duties described in sub-
section (e)(2), who have been nominated by 
the directors; 
‘‘(iii) 1 member who is a representa-
tive of providers of training services under 
section 122 of the Workforce Investment 
Act of 2012; 
‘‘(iv) 1 member who is a representa-
tive of economic development entities; 
‘‘(v) 1 member who is a representative 
of businesses, who has been nominated by 
national business organizations or trade 
associations; 
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‘‘(vi) 1 member who is a representa-
tive of labor organizations, who has been 
nominated by a national labor federation; 
‘‘(vii) 1 member who is a representa-
tive of local workforce investment boards, 
who has been nominated by a national or-
ganization representing such boards; and 
‘‘(viii) 1 member who is a representa-
tive of research entities that utilize labor 
market information. 
‘‘(C) GEOGRAPHIC DIVERSITY.—The Sec-
retary shall ensure that the membership of the 
Council is geographically diverse and that no 2 
of the members appointed under clauses (i), 
(ii), and (vii) represent the same State. 
‘‘(D) PERIOD
OF
APPOINTMENT; VACAN-
CIES.— 
‘‘(i) IN GENERAL.—Each member of 
the Council shall be appointed for a term 
of 3 years, except that the initial terms for 
members may be 1, 2, or 3 years in order 
to establish a rotation in which one-third 
of the members are selected each year. Any 
such member may be appointed for not 
more than 2 consecutive terms. 
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‘‘(ii) VACANCIES.—Any member ap-
pointed to fill a vacancy occurring before 
the expiration of the term for which the 
member’s predecessor was appointed shall 
be appointed only for the remainder of that 
term. A member may serve after the expi-
ration of that member’s term until a suc-
cessor has taken office. 
‘‘(E) TRAVEL
EXPENSES.—The members 
of the Council shall not receive compensation 
for the performance of services for the Council, 
but shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, 
while away from their homes or regular places 
of business in the performance of services for 
the Council. Notwithstanding section 1342 of 
title 31, United States Code, the Secretary may 
accept the voluntary and uncompensated serv-
ices of members of the Council.’’. 
(f) STATE RESPONSIBILITIES.—Section 15(e) of the 
Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— 
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(1) by striking ‘‘employment statistics’’ each 
place it appears and inserting ‘‘labor market infor-
mation’’; 
(2) in paragraph (1)(A) by striking ‘‘annual 
plan’’ and inserting ‘‘plan described in subsection 
(c)’’; and 
(3) in paragraph (2)— 
(A) in subparagraph (G), by inserting 
‘‘and’’ at the end; 
(B) by striking subparagraph (H); 
(C) in subparagraph (I), by striking ‘‘sec-
tion 136(f)(2) of the Workforce Investment Act 
of 1998’’ and inserting ‘‘section 131(i)(2) of the 
Workforce Investment Act of 2012’’; and 
(D) by redesignating subparagraph (I) as 
subparagraph (H). 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is 
amended by striking ‘‘1999 through 2004’’ and inserting 
‘‘2012 through 2016’’. 
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TITLE IV—AMENDMENTS TO THE 
REHABILITATION ACT OF 1973 
Subtitle A—Introductory 
Provisions 
SEC. 401. REFERENCES. 
Except as otherwise specifically provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a provision, the amend-
ment or repeal shall be considered to be made to a provi-
sion of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
seq.). 
SEC. 402. FINDINGS, PURPOSE, POLICY. 
(a) FINDINGS.—Section 2(a) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7)(A) a high proportion of students are leav-
ing secondary education without being employed in 
competitive integrated employment, or being enrolled 
in postsecondary education; and 
‘‘(B) there is a substantial need to support such 
students as they transition from school to postsec-
ondary life.’’. 
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(b) PURPOSE.—Section 2(b) (29 U.S.C. 701(b)) is 
amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘with disabilities’’ and all that 
follows through ‘‘economic’’ and inserting ‘‘with 
disabilities, including individuals with the most 
significant disabilities, to maximize opportuni-
ties for competitive integrated employment and 
to achieve economic’’; and 
(B) at the end of subparagraph (F), by 
striking ‘‘and’’; 
(2) in paragraph (2), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) to increase employment opportunities and 
employment outcomes for individuals with disabil-
ities, including through encouraging meaningful in-
volvement by employers and vocational rehabilitation 
service providers on successful and prospective em-
ployment and placement strategies; and 
‘‘(4) to ensure, to the greatest extent possible, 
that youth with disabilities and students with dis-
abilities who are transitioning from receipt of special 
education services under the Individuals with Dis-
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abilities Education Act (20 U.S.C. 1400 et seq.) and 
receiving accommodations and supports consistent 
with section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794) are either continuing their edu-
cation or employed in competitive integrated employ-
ment.’’. 
SEC. 403. REHABILITATION SERVICES ADMINISTRATION. 
Section 3 (29 U.S.C. 702) is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking ‘‘Of-
fice of the Secretary’’ and inserting ‘‘Office of 
Special Education and Rehabilitative Services’’; 
(B) in the second sentence, by striking ‘‘IV 
and V’’ and inserting ‘‘IV, V, VII, and VIII’’; 
and 
(C) by striking the last 3 sentences and in-
serting ‘‘The functions of the Commissioner 
shall not be delegated to any officer, unless the 
officer is directly responsible to the Assistant 
Secretary for Special Education and Rehabilita-
tive Services.’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (a) the fol-
lowing: 
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‘‘(b) The Secretary shall ensure that— 
‘‘(1) the Rehabilitation Services Administration 
provides oversight of, conducts monitoring of, and 
provides technical assistance to, the designated State 
agencies funded under this Act; and 
‘‘(2) the staff providing such oversight, moni-
toring, and technical assistance includes individuals 
who have training in and experience with the pro-
grams administered by the Rehabilitation Services 
Administration.’’; and 
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘for the programs’’ and all 
that follows and insert ‘‘in a manner that is con-
sistent with the purposes of the program for which 
the funds are appropriated and of this Act, as enu-
merated in section 2(b)’’. 
SEC. 404. DEFINITIONS. 
Section 7 (29 U.S.C. 705) is amended— 
(1) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by inserting after ‘‘means’’ the following: 
‘‘an assessment that presumes the attainment 
of an employment outcome for all individuals 
with disabilities (including individuals with sig-
nificant disabilities and individuals with the 
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most significant disabilities), and that relies 
on’’; and 
(B) in subparagraph (B)— 
(i) in clause (iii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iv), by striking the 
semicolon and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(v) to the maximum extent possible, 
relies on information obtained from experi-
ences in integrated employment settings in 
the community, and other integrated com-
munity settings;’’; 
(2) in paragraph (5)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘for employment, including ca-
reer advancement’’ and inserting ‘‘for competi-
tive integrated employment and for career ad-
vancement, including’’; 
(B) by redesignating subparagraphs (O) 
through (Q) as subparagraphs (P) through (R); 
(C) by inserting after subparagraph (N) 
the following: 
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‘‘(O) customized employment services;’’; 
and 
(D) in subparagraph (R), as redesignated 
by subparagraph (B) of this paragraph, by 
striking ‘‘(P)’’ and inserting ‘‘(Q)’’; 
(3) by redesignating paragraphs (6) as para-
graph (7) and inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) 
COMPETITIVE
INTEGRATED
EMPLOY-
MENT.— 
‘‘(A) IN GENERAL.—The term ‘competitive 
integrated employment’ means work by an em-
ployee who is an individual with a disability— 
‘‘(i) that is compensated at a rate 
that— 
‘‘(I) is the same rate as the rate 
for other employees who are not indi-
viduals with disabilities, and who are 
similarly situated in similar occupa-
tions by the same employer and who 
have similar training, experience, and 
skills; and 
‘‘(II) shall be in accordance with 
the applicable law, but in no event 
less than the higher of the rate speci-
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fied 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; 
‘‘(ii) for which the employee receives 
health and employment benefits com-
parable to those of other employees; 
‘‘(iii) that is at a location typically 
found in the community where the em-
ployee interacts frequently with other em-
ployees and individuals who are not indi-
viduals with disabilities to the same extent 
that non-disabled employees in comparable 
positions interact with others; and 
‘‘(iv) that provides opportunities for 
advancement that are equivalent to those 
for other employees who are not individ-
uals with disabilities and who have com-
parable positions. 
‘‘(B) INCLUSION OF CUSTOMIZED OR SUP-
PORTED EMPLOYMENT.—The term ‘competitive 
integrated employment’ includes integrated em-
ployment resulting from the provision of cus-
tomized employment strategies or supported 
employment services, provided the work in-
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volved satisfies the criteria described in sub-
paragraph (A). 
‘‘(C) INCLUSION
OF
SELF-EMPLOYMENT 
OR MICRO-ENTERPRISES.—The term ‘competi-
tive integrated employment’ includes self-em-
ployment or micro-enterprises, as long as the 
work involved satisfies the criteria described in 
subparagraph (A).’’; 
(4) by redesignating paragraphs (8) through 
(28) as paragraphs (9) through (29), respectively, 
and inserting after paragraph (7) the following: 
‘‘(8) CUSTOMIZED
EMPLOYMENT.—The term 
‘customized employment’ means an employment out-
come in competitive integrated employment, for an 
individual with a significant disability, that is based 
on an individualized determination of the strengths, 
needs, and interests of the individual with a signifi-
cant disability, is designed to meet the specific abili-
ties of the individual with a significant disability and 
the business needs of the employer, and is carried 
out through flexible strategies, such as— 
‘‘(A) job exploration by the individual; and 
‘‘(B) working with an employer to facili-
tate placement, including— 
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‘‘(i) customizing a job description 
based on current employer needs or on pre-
viously unidentified and unmet employer 
needs; 
‘‘(ii) developing a set of job duties (in-
cluding a work schedule) and specifics of 
supervision (including performance evalua-
tion and review), and determining job loca-
tion; 
‘‘(iii) representation by a professional 
chosen by the individual, or self-represen-
tation by the individual, in working with 
an employer to facilitate placement; and 
‘‘(iv) providing services and supports 
at the job location.’’; 
(5) in paragraph (12) (as so redesignated)— 
(A) in subparagraph (A), by striking 
‘‘competitive employment in the integrated 
labor market’’ and inserting ‘‘competitive inte-
grated employment’’; and 
(B) in subparagraph (C), by inserting 
‘‘customized employment,’’ after ‘‘outcome of’’; 
(6) in paragraph (18) (as so redesignated)— 
(A) by striking the ‘‘and’’ at the end of 
subparagraph (C); 
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(B) in subparagraph (D), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(E) transition and prevention services 
that— 
‘‘(i) facilitate the transition of individ-
uals with significant disabilities from nurs-
ing homes and other institutions to home 
and community-based residences, with the 
required supports and services; 
‘‘(ii) provide assistance to individuals 
with significant disabilities who are at risk 
of entering institutions so that the individ-
uals may remain in the community; and 
‘‘(iii) facilitate the transition of youth 
(including students) who are individuals 
with significant disabilities, who were eligi-
ble for individualized education programs 
under section 614(d) of the Individuals 
with Disabilities Education Act (20 U.S.C. 
1414(d)), and who have completed their 
secondary education or otherwise left 
school, to postsecondary life, including em-
ployment; and 
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‘‘(F) services to promote full access to 
community life.’’; 
(7) in paragraph (21)(B), by striking ‘‘and 
VII’’ and inserting ‘‘VII, and VIII’’; 
(8) by redesignating paragraphs (29) through 
(34) as paragraphs (32) through (37), respectively; 
(9) by inserting after paragraph (29) the fol-
lowing: 
‘‘(30) POST-EMPLOYMENT SERVICE.—The term 
‘post-employment service’ means a service identified 
under section 103(a) that is— 
‘‘(A) provided subsequent to the achieve-
ment of an employment outcome; and 
‘‘(B) necessary for an individual to main-
tain or regain an employment outcome in com-
petitive integrated employment, consistent with 
the individual’s strengths, resources, priorities, 
concerns, abilities, capabilities, interests, and 
informed choice. 
‘‘(31) PRE-EMPLOYMENT
TRANSITION
SERV-
ICES.— 
‘‘(A) IN GENERAL.—The term ‘pre-employ-
ment transition services’ means a coordinated 
set activities for an eligible student with a dis-
ability, designed within an outcome-oriented 
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process, that promotes movement from school 
to any of the following post-school activities: 
postsecondary education, vocational training, 
competitive integrated employment (including 
supported employment), adult education, adult 
services, independent living, or community par-
ticipation. 
‘‘(B) SPECIFIC SERVICES.—The term ‘pre- 
employment transition services’ means a set of 
services, that is available to students with dis-
abilities, and that makes available, at a min-
imum— 
‘‘(i) career counseling; 
‘‘(ii) work-based learning experience, 
including in-school and after school work 
experience, or work experience outside the 
traditional school setting (such as experi-
ence through job training or internships), 
that is provided in an integrated environ-
ment to the maximum extent possible; 
‘‘(iii) counseling on opportunities for 
enrollment in a comprehensive transition 
or postsecondary educational program at 
an institution of higher education; 
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‘‘(iv) school-based preparatory em-
ployment experiences such as role playing, 
social skills development, and independent 
living training, coordinated with any tran-
sition services provided by the local edu-
cational agency under the Individuals with 
Disabilities Education Act (20 U.S.C. 
1400 et seq.); and 
‘‘(v) training in self-advocacy, indi-
vidual rights, self-determination skills, and 
the informed consent process, as well as 
peer mentoring. 
‘‘(C) COORDINATED SET OF ACTIVITIES.— 
For purposes of subparagraph (A), the coordi-
nated set of activities shall be based on the in-
dividual student’s needs, taking into account 
the student’s preferences and interests, and 
shall include education and training, community 
experiences, the development of employment 
and other adult living objectives, and, when ap-
propriate, acquisition of daily living skills and 
functional vocational evaluation.’’; 
(10) by redesignating paragraphs (35) through 
(39) as paragraphs (39) through (43), respectively, 
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and inserting after paragraph (37) (as so redesig-
nated) the following: 
‘‘(38) STUDENT WITH A DISABILITY.— 
‘‘(A) IN
GENERAL.—The term ‘student 
with a disability’ means an individual with a 
disability who— 
‘‘(i) attends a secondary school; 
‘‘(ii)(I) is not younger than the ear-
liest age for the provision of transition 
services 
under 
section 
614(d)(1)(A)(i)(VIII) of the Individuals 
with Disabilities Education Act (20 U.S.C. 
1414(d)(1)(A)(i)(VIII)); and 
‘‘(II)(aa) is not older than 21 years of 
age; or 
‘‘(bb) if the State law for the State 
provides for a higher maximum age for re-
ceipt of services under the Individuals with 
Disabilities Education Act (20 U.S.C. 
1400 et seq.), is not older than that max-
imum age; and 
‘‘(iii)(I) is eligible for, and receiving, 
special education or related services under 
part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.); or 
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‘‘(II) is an individual with a disability, 
for purposes of section 504.’’; 
(11) by striking paragraphs (38) and (39), as 
redesignated by paragraph (12), and inserting the 
following: 
‘‘(38) SUPPORTED
EMPLOYMENT.—The term 
‘supported employment’ means an employment out-
come in competitive integrated employment, includ-
ing customized employment, that is consistent with 
the strengths, resources, priorities, concerns, abili-
ties, capabilities, interests, and informed choice of 
the individuals involved, for individuals with the 
most significant disabilities— 
‘‘(A)(i) for whom competitive integrated 
employment has not historically occurred; or 
‘‘(ii) for whom competitive integrated em-
ployment has been interrupted or intermittent 
as a result of a significant disability; 
‘‘(B) who, because of the nature and sever-
ity of their disability— 
‘‘(i) need intensive supported employ-
ment services for the period described in 
paragraph (39); and 
‘‘(ii) need extended services described 
in paragraph (13) in order to continue to 
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perform in such work beyond the period 
described in paragraph (39); and 
‘‘(C) to the extent that on-going extended 
services, as described in paragraph (13) of this 
section, are needed, the designated State unit 
will assist the individual in identifying providers 
of those services. 
‘‘(39) SUPPORTED EMPLOYMENT SERVICES.— 
The term ‘supported employment services’ means 
ongoing support services, including customized em-
ployment, needed to support and maintain an indi-
vidual with a most significant disability in an em-
ployment, outcome that— 
‘‘(A) are provided singly or in combination 
and organized and made available in such a 
way as to assist an eligible individual to succeed 
in competitive integrated employment; 
‘‘(B) are based on a determination of the 
needs of an eligible individual, as specified in an 
individualized plan for employment; and 
‘‘(C) are provided by the designated State 
unit for a period of not more than 24 months, 
except that the period may be extended, if nec-
essary, in order to achieve the employment out-
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come identified in the individualized plan for 
employment.’’; and 
(12) by inserting after paragraph (43) (as so 
redesignated) the following: 
‘‘(44) YOUTH WITH A DISABILITY.—The term 
‘youth with a disability’ means an individual with a 
disability who— 
‘‘(A) is not younger than 14 years of age; 
and 
‘‘(B) is not older than 24 years of age.’’. 
SEC. 405. ADMINISTRATION OF THE ACT. 
Section 12(a)(1) (29 U.S.C. 709) is amended— 
(1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; 
and 
(2) by adding at the end the following: 
‘‘(B) provide technical assistance to the des-
ignated State units on developing successful partner-
ships with local and multi-State businesses to in-
crease the employment of individuals with disabil-
ities; and 
‘‘(C) provide technical assistance to providers 
and organizations on developing self-employment op-
portunities and outcomes for individuals with dis-
abilities.’’. 
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SEC. 406. REPORTS. 
Section 13 (29 U.S.C. 710) is amended— 
(1) in section (c)— 
(A) by striking ‘‘(c)’’ and inserting 
‘‘(c)(1)’’; and 
(B) by adding at the end the following: 
‘‘(2) The ILA Director described in section 701A 
shall include, in the annual report, information on the ex-
tent to which centers for independent living receiving 
funds under part C of title VII have complied with the 
standards and assurances set forth in section 725. The 
ILA Director may identify individual centers for inde-
pendent living in the analysis contained in that informa-
tion. The ILA Director shall include in the report the re-
sults of onsite compliance reviews, identifying individual 
centers for independent living and other recipients of as-
sistance under part C of title VII.’’; and 
(2) by adding at the end the following: 
‘‘(d)(1)(A) The Commissioner shall ensure that the 
reports, information, and data described in subparagraph 
(B) are made publicly available in a timely and accessible 
manner, including through electronic means, in order to 
inform the public about the administration and perform-
ance of programs in each State under this Act. 
‘‘(B) The reports, information, and data referred to 
in subparagraph (A) shall consist of— 
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‘‘(i) reports submitted by a designated State 
agency or designated State unit under this Act; 
‘‘(ii) accountability information, including State 
performance information relating to evaluation 
standards and performance indicators, and addi-
tional performance accountability indicators, under 
section 106, including information on compliance 
with such standards, indicators, and measures, relat-
ing to individuals with disabilities, submitted by a 
designated State agency or designated State unit 
under this Act, or submitted by a State to the Sec-
retary of Labor or the Secretary of Education under 
section 136 of the Workforce Investment Act of 
1998; 
‘‘(iii) data collected from each designated State 
unit under this Act; and 
‘‘(iv) reports from monitoring conducted under 
this Act, including relevant reports required under 
section 136 of the Workforce Investment Act of 
1998 and other relevant reports, information, and 
data required under title I of such Act. 
‘‘(C)(i) The Commissioner shall ensure that the infor-
mation described in clause (ii) is made publicly available 
in a timely and accessible manner, including through elec-
tronic means. 
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‘‘(ii) The information referred to in clause (i) is— 
‘‘(I) the reports, information, and data required 
to be submitted by designated State units or des-
ignated State agencies under this Act; 
‘‘(II) evaluations, studies, and audits conducted 
by Federal agencies, concerning programs carried 
out under this Act; and 
‘‘(III) a list that specifies the designated State 
unit or designated State agency for each State, in-
cluding a link to the website maintained by each 
such unit or agency. 
‘‘(2) The Commissioner shall maintain public use 
read-only access to the State and aggregated reports, and 
analyzed data, concerning programs carried out under this 
Act, that are filed and maintained in the Rehabilitation 
Services Administration management information system 
or a system maintained by the Department of Edu-
cation.’’. 
SEC. 407. EVALUATION. 
Section 14(f)(2) (29 U.S.C. 711(f)(2)) is amended by 
striking ‘‘nonintegrated to integrated employment’’ and 
inserting ‘‘nonintegrated to competitive integrated employ-
ment’’. 
SEC. 408. CARRYOVER. 
Section 19 (29 U.S.C. 716) is amended— 
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(1) in subsection (a), by striking ‘‘part B of 
title I’’ and all that follows through ‘‘including’’ and 
inserting ‘‘part B of title I (except the client assist-
ance program funded under section 112), part B of 
title VI, or chapter 2 and 4 of title VII including’’; 
and 
(2) by adding at the end the following: 
‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTECTION 
AND ADVOCACY OF INDIVIDUAL RIGHTS.— 
‘‘(1) 
APPROPRIATED
AMOUNTS.—Notwith-
standing any other provision of law, any funds ap-
propriated for a fiscal year to carry out a grant pro-
gram under section 112 or 509 (except as provided 
in section 509(b)), including any funds reallotted 
during that fiscal year under such grant program, 
that are not obligated and expended by a recipient 
prior to the beginning of the succeeding fiscal year, 
shall remain available for obligation and expenditure 
by such recipient during such succeeding fiscal year. 
‘‘(2) PROGRAM INCOME.—Notwithstanding any 
other provision of law, any amount of program in-
come received by a recipient under a grant program 
under section 112 or 509 in a fiscal year that is not 
obligated and expended by the recipient prior to the 
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beginning of the succeeding fiscal year, shall remain 
available until expended.’’. 
SEC. 409. TRADITIONALLY UNDERSERVED POPULATIONS. 
Section 21 (29 U.S.C. 718) is amended in subsection 
(a), by striking paragraphs (1) and (2) and inserting the 
following: 
‘‘(1) RACIAL PROFILE.—The demographic pro-
file of the United States is changing at an unprece-
dented rate, with the population of the Nation be-
coming far more ethnically diverse than in the past. 
Within the United States, while the rate of increase 
from 2000 to 2010 for White Americans was 7.9 
percent, the rate of increase during that period for 
racial and ethnic minorities was much higher: 42.0 
percent for Latinos, 11.4 percent for African-Ameri-
cans, and 34.9 percent for Asian-Americans. 
‘‘(2) RATE OF DISABILITY.—Ethnic and racial 
minorities tend to have disabling conditions at a dis-
proportionately high rate. In 2005— 
‘‘(A) among Americans ages 25 through 
64, the rate of disability was 17.3 percent; 
‘‘(B) among African-Americans in that age 
range, the disability rate was more than twice 
as high, at 21.3 percent; and 
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‘‘(C) for American Indians in the same age 
range, the disability rate was 25.6 percent of 
the general population.’’. 
Subtitle B—Vocational 
Rehabilitation Services 
SEC. 411. DECLARATION OF POLICY; AUTHORIZATION OF 
APPROPRIATIONS. 
(a) FINDINGS; PURPOSE; POLICY.—Section 100(a) 
(29 U.S.C. 720(a)) is amended— 
(1) in paragraph (1)(C), by striking ‘‘gainful 
employment in integrated settings’’ and inserting 
‘‘gainful employment in competitive integrated em-
ployment settings’’; 
(2) in paragraph (2)(B), by striking ‘‘gainful 
employment’’ and inserting ‘‘high quality employ-
ment that will increase opportunities for economic 
self-sufficiency’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (B), by striking 
‘‘gainful employment in integrated settings’’ 
and inserting ‘‘competitive integrated employ-
ment’’; 
(B) in subparagraph (C)(ii), by striking 
‘‘for the individuals’’; and 
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(C) in subparagraph (E), by inserting 
‘‘should’’ before ‘‘facilitate’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
100(b)(1) (29 U.S.C. 720(b)(1)) is amended by striking 
‘‘fiscal years 1999 through 2003’’ and inserting ‘‘fiscal 
years 2012 through 2016’’. 
SEC. 412. STATE PLANS. 
(a) PLAN
REQUIREMENTS.—Section 101(a) (29 
U.S.C. 721(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘to 
participate’’ and all that follows and inserting 
‘‘to receive funds under this title for a fiscal 
year, a State shall submit, and have approved 
by the Secretary and the Secretary of Labor a 
State plan in accordance with section 112, or a 
State unified plan in accordance with section 
113. The State plan or State unified plan shall 
include the provisions of a State plan for voca-
tional rehabilitation services, described in this 
subsection.’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘in the State plan for 
vocational rehabilitation services,’’ and in-
serting ‘‘as part of the vocational rehabili-
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tation services portion of the State plan or 
State unified plan submitted in accordance 
with subparagraph (A),’’; and 
(ii) by striking ‘‘Rehabilitation Act 
Amendments of 1998’’ and inserting 
‘‘Workforce Investment Act of 2012’’; and 
(C) in subparagraph (C)— 
(i) by striking ‘‘The State plan shall 
remain in effect subject to the submission 
of such modifications’’ and inserting ‘‘The 
vocational rehabilitation services portion of 
the State plan or State unified plan sub-
mitted in accordance with subparagraph 
(A) shall remain in effect until the State is 
required to submit the plan in accordance 
with subparagraph (A) or until the submis-
sion of such modifications’’; and 
(ii) by striking ‘‘, until the State sub-
mits and receives approval of a new State 
plan’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘The 
State plan’’ and inserting ‘‘The State plan for 
vocational rehabilitation services’’; 
(B) in subparagraph (B)(ii)— 
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(i) in subclause (III), by striking 
‘‘and’’ at the end; 
(ii) in subclause (IV), by striking the 
period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(V)(aa) has the authority and 
responsibility within the State to en-
sure that the funds appropriated 
under this title are expended only in 
a manner that is consistent with the 
purposes of this title; and 
‘‘(bb) the authority and responsi-
bility described in subparagraph (aa) 
may not be delegated to or performed 
by another agency, including the des-
ignated State agency for the voca-
tional rehabilitation program, and or 
individual.’’; 
(3) in paragraph (5)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (D) as 
subparagraph (E); and 
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(C) by inserting after subparagraph (C) 
the following: 
‘‘(D) notwithstanding subparagraph (C), 
assure that the designated State unit may give 
priority for the provision of services to those eli-
gible individuals who require specific services or 
equipment in accordance with an approved indi-
vidualized plan for employment to maintain an 
employment outcome under the vocational reha-
bilitation program; and’’; 
(4) in paragraph (6)(B), by striking ‘‘to employ 
and advance in employment’’ and inserting ‘‘to re-
cruit, employ, and advance in competitive integrated 
employment’’; 
(5) in paragraph (7)(A)(v)— 
(A) by striking subclause (I) and inserting 
the following: 
‘‘(I) a system for the continuing 
education of rehabilitation profes-
sionals and paraprofessionals within 
the designated State unit, particularly 
with respect to rehabilitation tech-
nology, 
including 
training 
imple-
mented in coordination with entities 
carrying out State programs under 
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section 4 of the Assistive Technology 
Act of 1998 (29 U.S.C. 3003); and’’; 
(6) in paragraph (8)— 
(A) in subparagraph (A), by striking 
‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 
(B) in subparagraph (B)— 
(i) in the matter preceding clause (i) 
by 
striking 
‘‘(5)(D)’’ 
and 
inserting 
‘‘(5)(E)’’; and 
(ii) 
in 
clause 
(iv), 
by 
striking 
‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; and 
(C) in subparagraph (C)(i), by striking 
‘‘(5)(D)’’ and inserting ‘‘(5)(E)’’; 
(7) in paragraph (10)— 
(A) in subparagraph (B), by striking ‘‘an-
nual’’ and all that follows through ‘‘of 1998’’ 
and inserting ‘‘annual reporting of information, 
on eligible individuals receiving the services, 
that is necessary to assess the State’s perform-
ance on those primary indicators of perform-
ance (described in section 136(b)(2)(A) of the 
Workforce Investment Act of 2012)’’; 
(B) in subparagraph (C)— 
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‘‘(iii) the number of applicants and el-
igible recipients, including the numbers of 
individuals with significant disabilities, who 
exited the program carried out under this 
title and the number who achieved employ-
ment outcomes after receiving vocational 
rehabilitation services, including— 
‘‘(I) the number of youth with 
disabilities who— 
‘‘(aa) entered postsecondary 
education and the earnings of 
such youth who completed post-
secondary education, by academic 
fields; 
‘‘(bb) attained academic lev-
els and job skills needed for em-
ployment, such as a high school 
diploma, certificate, or other edu-
cational credential required for 
the employment outcome speci-
fied in the individual’s individual-
ized plan for employment; 
‘‘(cc) entered postsecondary 
training or programs for appren-
ticeships registered under the Act 
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of August 16, 1937 (commonly 
known as the ‘National Appren-
ticeship Act’; 50 Stat. 664, chap-
ter 663; 29 U.S.C. 50 et seq.); 
and 
‘‘(dd) the number of youth 
with disabilities who entered em-
ployment; 
‘‘(II) for individuals who obtained 
an employment outcome with wages— 
‘‘(aa) the average length of 
time for obtaining employment; 
‘‘(bb) the average earnings 
of individuals who obtained an 
employment outcome; 
‘‘(cc) 
the 
number 
who 
earned the minimum wage rate 
specified in section 6(a)(1) of the 
Fair Labor Standards Act of 
1938 (29 U.S.C. 206(a)(1)) or 
another wage level set by the 
Commissioner, during such em-
ployment; and 
‘‘(dd) the number who re-
ceived employment benefits from 
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an employer during such employ-
ment; 
‘‘(III) a comparison, among indi-
viduals who obtained employment, of 
the number of individuals who no 
longer used public benefits; and 
‘‘(IV) for those individuals who 
received supported employment serv-
ices— 
‘‘(aa) the number of individ-
uals 
who 
were 
employed 
months after receiving such serv-
ices; 
‘‘(bb) the number of individ-
uals who were employed 12 
months after receiving such serv-
ices; and 
‘‘(cc) the number of individ-
uals who earned wages at not 
less than the minimum wage rate 
determined under section 6(a)(1) 
of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 206(a)(1)) 
during their employment; and’’; 
and 
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(v) by striking clause (iv) and insert-
ing the following: 
‘‘(iv)(I) the transition from school to 
postsecondary life, including employment, 
and achievement of the postsecondary vo-
cational goals, of students with disabilities 
served under the program carried out 
under this title; and 
‘‘(II) the provision of supported em-
ployment services; and’’; 
(C) in subparagraph (E)(ii), by striking 
‘‘of the State’’ and all that follows and inserting 
‘‘of the State in meeting the standards and in-
dicators established pursuant to section 106.’’; 
and 
(D) by adding at the end the following: 
‘‘(G) RULES FOR REPORTING OF DATA.— 
The disaggregation of data under this section 
shall not be required within a category if the 
number of participants in a category is insuffi-
cient to yield statistically reliable information, 
or required if the results would reveal person-
ally identifiable information about an individual 
participant. 
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‘‘(H) 
COMPREHENSIVE
REPORT.—The 
State plan shall specify that the Commissioner 
will provide an annual comprehensive report 
that includes the reports and data required 
under this section, as well as a summary of the 
reports and data, for each fiscal year. The 
Commissioner shall submit the report to the 
Committee on Education and the Workforce of 
the House of Representatives, the Committee 
on Appropriations of the House of Representa-
tives, the Committee on Health, Education, 
Labor, and Pensions of the Senate, and the 
Committee on Appropriations of the Senate, not 
later than 180 days after the end of the fiscal 
year involved.’’; 
(8) in paragraph (11)— 
(A) in subparagraph (A)(i)(II), by insert-
ing ‘‘(including programmatic accessibility and 
physical accessibility)’’ after ‘‘program accessi-
bility’’; 
(B) in subparagraph (C)— 
(i) by inserting ‘‘the State programs 
carried out under section 4 of the Assistive 
Technology Act of 1998 (29 U.S.C. 
3003),’’ after ‘‘including’’; 
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(ii) 
by 
inserting 
‘‘noneducational 
agencies serving out-of-school youth,’’ after 
‘‘Agriculture’’; and 
(iii) by striking ‘‘such agencies and 
programs’’ and inserting ‘‘such Federal, 
State, and local agencies and programs’’; 
(C) in subparagraph (D)— 
(i) in clause (ii), by striking ‘‘comple-
tion’’ and inserting ‘‘implementation’’; 
(ii) by redesignating clauses (iii) and 
(iv) as clauses (iv) and (v), respectively; 
and 
(iii) by inserting after clause (ii) the 
following: 
‘‘(iii) identifying options for additional 
education and training, in order to facili-
tate the provision of services for youth 
with disabilities, including transition serv-
ices for students with disabilities, such as 
services provided under section 114;’’; 
(D) by redesignating subparagraphs (E) 
and (F) as subparagraphs (F) and (H), respec-
tively; 
(E) by inserting after subparagraph (D) 
the following: 
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‘‘(E) COORDINATION WITH EMPLOYERS.— 
The State plan shall contain plans, policies, and 
procedures for coordination between the des-
ignated State units, State workforce investment 
boards, local workforce investment boards, and 
employers that provide for building relation-
ships with employers and identifying commu-
nity-based competitive integrated employment 
opportunities and career exploration opportuni-
ties, in order to facilitate the provision of tran-
sition services for youth with disabilities and 
students with disabilities, such as services pro-
vided under section 114;’’; 
(F) in subparagraph (F), as redesignated 
by subparagraph (E) of this paragraph— 
(i) by inserting ‘‘chapter 1 of’’ after 
‘‘part C of’’; and 
(ii) by inserting ‘‘, as appropriate’’ be-
fore the period; 
(G) by inserting after subparagraph (F), 
as redesignated by subparagraph (E) of this 
paragraph, the following: 
‘‘(G) COOPERATIVE AGREEMENT REGARD-
ING
INDIVIDUALS
ELIGIBLE
FOR
HOME
AND 
COMMUNITY-BASED
WAIVER
PROGRAMS.—The 
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State plan shall include an assurance that the 
designated State unit has entered into a formal 
cooperative agreement with the State agency re-
sponsible for administering the State Medicaid 
plan under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) and the State des-
ignated agency described in section 125(d) of 
the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15025) 
with respect to the delivery of vocational reha-
bilitation services, including extended services, 
for individuals with the most significant disabil-
ities who have been determined to be eligible for 
home- and community-based services under a 
Medicaid waiver, Medicaid State plan amend-
ment, or other authority related to a State 
Medicaid program. The agreement shall de-
scribe strategies for collaboration and coordina-
tion in providing vocational rehabilitation serv-
ices to such individuals receiving Medicaid 
home- and community-based services in a man-
ner consistent with the person-centered plan-
ning process required by Medicaid.’’; 
(H) in subparagraph (H), as redesignated 
by subparagraph (E) of this paragraph— 
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(i) in clause (ii)— 
(I) by inserting ‘‘on or’’ before 
‘‘near’’; and 
(II) by striking ‘‘and’’ at the end; 
(ii) by redesignating clause (iii) as 
clause (iv); and 
(iii) by inserting after clause (ii) the 
following: 
‘‘(iii) strategies for the provision of 
transition planning, by personnel of the 
designated State unit, the State edu-
cational agency, and the recipient of funds 
under part C, that will facilitate the devel-
opment and implementation of the individ-
ualized education programs under section 
614(d) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1414(d)) and, 
as appropriate, the development and com-
pletion of the individualized plans for em-
ployment under section 102, in order to 
enable students with disabilities to achieve 
employment outcomes;’’; and 
(I) by adding at the end the following: 
‘‘(I) 
COORDINATION
WITH
ASSISTIVE 
TECHNOLOGY PROGRAMS.—The State plan shall 
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include an assurance that the designated State 
unit, and the lead agency and implementing en-
tity (if any) designated by the Governor of the 
State under section 4 of the Assistive Tech-
nology Act of 1998 (29 U.S.C. 3003), have de-
veloped working relationships and will enter 
into agreements for the coordination of their ac-
tivities, including the referral of individuals 
with disabilities to programs and activities de-
scribed in that section. 
‘‘(J) COORDINATION
WITH
TICKET
TO 
WORK AND SELF-SUFFICIENCY PROGRAM.—The 
State plan shall include an assurance that the 
designated State unit will coordinate activities 
with any other State agency that is functioning 
as an employment network under the Ticket to 
Work and Self-Sufficiency Program established 
under section 1148 of the Social Security Act 
(42 U.S.C. 1320b–19).’’; 
(9) in paragraph (14)— 
(A) in the paragraph header, by striking 
‘‘ANNUAL’’ and inserting ‘‘SEMIANNUAL’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘annual’’ and inserting 
‘‘semiannual’’; 
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(ii) by striking ‘‘(and thereafter’’ and 
all that follows through ‘‘representative)’’ 
and inserting ‘‘, and annually thereafter’’; 
and 
(iii) by striking ‘‘to competitive’’ and 
all that follows and inserting the following: 
‘‘to competitive integrated employment or 
training for competitive integrated employ-
ment;’’; 
(C) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(D) in subparagraph (C), by striking ‘‘the 
individuals described’’ and all that follows and 
inserting ‘‘individuals in attaining competitive 
integrated employment; and’’; and 
(E) by adding at the end the following: 
‘‘(D) an assurance that the State will re-
port the information generated under subpara-
graphs (A), (B), and (C), for each of the indi-
viduals, to the Administrator of the Wage and 
Hour Division of the Department of Labor for 
each fiscal year, not later than 60 days after 
the end of the fiscal year.’’; 
(10) in paragraph (15)— 
(A) in subparagraph (A)— 
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(i) in clause (i)— 
(I) in subclause (II), by striking 
‘‘and’’ at the end; and 
(II) by adding at the end the fol-
lowing: 
‘‘(IV) individuals with disabilities 
receiving Medicaid home- and commu-
nity-based waiver habilitation services 
(reference), including pre-vocational 
and supported employment services; 
and 
‘‘(V) youth with disabilities, and 
students with disabilities, including 
their need for pre-employment transi-
tion services described in section 114 
or other transition services; and’’; and 
(ii) by striking clauses (ii) and (iii) 
and inserting the following: 
‘‘(ii) include an assessment of the 
needs of individuals with disabilities for 
transition services and pre-employment 
transition services provided under this Act, 
and coordinated with transition services 
provided under the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et 
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351 
services in school to postsecondary life (in-
cluding the receipt of vocational rehabilita-
tion services under this title, postsecondary 
education, employment, and pre-employ-
ment transition services under section 
114);’’; 
(11) in paragraph (20)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) INFORMATION
ON
ASSISTANCE
FOR 
BENEFICIARIES OF ASSISTANCE UNDER TITLE 
II OR XVI OF THE SOCIAL SECURITY ACT.—The 
State plan shall include an assurance that the 
designated State unit will make available, to in-
dividuals entitled to benefits under title II or 
XVI of the Social Security Act (42 U.S.C. 401 
et seq., 1381 et seq.) on the basis of a disability 
or blindness— 
‘‘(i) information on the availability of 
benefits and medical assistance authorized 
under the State Medicaid program under 
title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) or under the Medi-
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352 
care program under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.), 
and medical assistance authorized under 
other federally funded programs; 
‘‘(ii) information on the availability of 
assistance through benefits planning and 
assistance programs authorized under sec-
tion 1149 of the Social Security Act (42 
U.S.C. 1320b–20) and services provided by 
the State protection and advocacy system 
and authorized under section 1150 of the 
Social Security Act (42 U.S.C. 1320b–21); 
and 
‘‘(iii) in the case of individuals who 
are also eligible for a ticket under the 
Ticket to Work and Self-Sufficiency Pro-
gram established under section 1148 of the 
Social Security Act (42 U.S.C. 1320b–19), 
general information regarding the options 
for using the ticket and information on 
how to contact a program manager of the 
Ticket to Work and Self-Sufficiency Pro-
gram to obtain information on approved 
employment networks, on providers for the 
benefits planning and assistance programs 
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353 
described in clause (ii) in the State, and on 
the services provided by the State protec-
tion and advocacy system and described in 
clause (ii).’’; and 
(12) by adding at the end the following: 
‘‘(25) SERVICES FOR STUDENTS WITH DISABIL-
ITIES.—The State plan shall provide an assurance 
satisfactory to the Secretary that, with respect to 
students with disabilities, the State— 
‘‘(A) has developed and will implement— 
‘‘(i) strategies to address the needs 
identified in the assessments described in 
paragraph (15); and 
‘‘(ii) strategies to achieve the goals 
and priorities identified by the State, in ac-
cordance with paragraph (15), to improve 
and expand vocational rehabilitation serv-
ices for students with disabilities on a 
statewide basis; and 
‘‘(B) has developed and will implement a 
plan to carry out the provision of pre-employ-
ment transition services in accordance with sec-
tion 114. 
‘‘(26) JOB GROWTH AND DEVELOPMENT.—The 
State plan shall provide an assurance describing how 
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354 
the State will utilize initiatives involving in-demand 
industry sectors or occupations as defined in section 
101 of the Workforce Investment Act of 2012 to in-
crease competitive integrated employment opportuni-
ties for individuals with disabilities.’’. 
(b) APPROVAL.—Section 101(b) (29 U.S.C. 721(b)) 
is amended to read as follows: 
‘‘(b) SUBMISSION; APPROVAL; MODIFICATION.—The 
State plan for vocational rehabilitation services shall be 
subject to— 
‘‘(1) section 112 of the Workforce Investment 
Act of 1998, in a case in which that plan is a por-
tion of the State plan described in that section 112; 
and 
‘‘(2) section 113 of such Act in a case in which 
that State plan for vocational rehabilitation services 
is a portion of the State unified plan described in 
that section 113.’’. 
(c) CONSTRUCTION.—Section 101 (29 U.S.C. 721) is 
amended by adding at the end the following: 
‘‘(c) CONSTRUCTION.—Nothing in this part shall be 
construed to reduce the obligation of a local educational 
agency or any other agency to provide or pay for any tran-
sition services that are allowable under the programs of 
the respective agencies.’’. 
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355 
SEC. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EM-
PLOYMENT. 
(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) 
is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in the subparagraph header, by 
striking ‘‘DEMONSTRATION’’ and inserting 
‘‘APPLICANTS’’; and 
(ii) by striking ‘‘, unless’’ and all that 
follows and inserting a period; and 
(B) in subparagraph (B)— 
(i) in the subparagraph header, by 
striking ‘‘METHODS’’ and inserting ‘‘RE-
SPONSIBILITIES’’; 
(ii) in the first sentence— 
(I) by striking ‘‘In making the 
demonstration required under sub-
paragraph (A),’’ and inserting ‘‘Prior 
to determining under this subsection 
that an applicant described in sub-
paragraph (A) is unable to benefit due 
to the severity of the individual’s dis-
ability or that the individual is ineli-
gible for vocational rehabilitation serv-
ices,’’; and 
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(II) by striking ‘‘, except under’’ 
and all that follows and inserting a 
period; and 
(iii) in the second sentence, by strik-
ing ‘‘individual or to determine’’ and all 
that follows and inserting ‘‘individual. In 
providing the trial experiences, the des-
ignated State unit shall provide the indi-
vidual with the opportunity to try different 
employment experiences, including sup-
ported employment, and the opportunity to 
become employed in competitive integrated 
employment.’’; 
(2) in paragraph (3)(A)(ii), by striking ‘‘out-
come from’’ and all that follows and inserting ‘‘out-
come, including supported employment, from voca-
tional rehabilitation services due to the current (as 
of the date of the determination) severity of the dis-
ability of the individual.’’; 
(3) in paragraph (5)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘If an individual’’ and 
inserting ‘‘If, after the designated State 
unit carries out the activities described in 
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paragraph (2)(B), a review of existing 
data, and, to the extent necessary, the as-
sessment activities described in section 
7(2)(A)(ii), an individual’’; and 
(ii) by striking ‘‘is determined’’ and 
all that follows through ‘‘not to be’’ and in-
serting ‘‘is determined not to be’’; 
(B) by redesignating subparagraphs (A) 
through (D) as subparagraphs (B) through (E), 
respectively; 
(C) by inserting before subparagraph (B) 
the following: 
‘‘(A) the ineligibility determination shall be 
an individualized one, based on the available 
data, and shall not be based on disability cat-
egory;’’; and 
(D) in clause (i) of subparagraph (C), as 
redesignated by subparagraph (B) of this para-
graph, by inserting after ‘‘determination’’ the 
following: ‘‘, including clear and convincing evi-
dence that forms the basis for the determina-
tion of ineligibility’’; and 
(4) in paragraph (6), by striking ‘‘60 days’’ 
each place it appears and inserting ‘‘45 days’’. 
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(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN 
FOR EMPLOYMENT, AND RELATED INFORMATION.—Sec-
tion 102(b) (29 U.S.C. 722(b))— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (B), 
(C), and (D) as subparagraphs (C), and (D), 
and (E), respectively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) information on the availability of as-
sistance from consumer organizations, as de-
fined in section 106(a)(4) (including a listing of 
such organizations) that can assist an indi-
vidual in the development of an individualized 
plan for employment;’’; 
(2) in paragraph (3), as redesignated by para-
graph (2) of this subsection— 
(A) in subparagraph (E)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(iii) amended, as necessary, to in-
clude the post-employment services and 
service providers that are necessary for the 
individual to maintain or regain employ-
ment, consistent with the individual’s 
strengths, resources, priorities, concerns, 
abilities, capabilities, interests, and in-
formed choice.’’; and 
(B) by adding at the end the following: 
‘‘(F) TIMEFRAME FOR COMPLETING THE 
INDIVIDUALIZED
PLAN
FOR
EMPLOYMENT.— 
The individualized plan for employment shall be 
developed as soon as possible, but not later 
than a deadline of 90 days after the date of the 
determination of eligibility described in para-
graph (1), unless the designated State unit and 
the eligible individual agree to an extension of 
that deadline to a specific date by which the in-
dividualized plan for employment shall be com-
pleted. 
‘‘(G) FAILURE TO DEVELOP THE INDIVID-
UALIZED PLAN FOR EMPLOYMENT WITHIN THE 
SPECIFIED TIMEFRAME.—In the event the indi-
vidualized plan for employment is not completed 
by the deadline or extended deadline, as appro-
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priate, under subparagraph (F), the eligible in-
dividual shall have the right to request both me-
diation and an impartial due process hearing 
according to the procedures described in sub-
section (c). At such hearing, the hearing officer 
shall have the authority to order the designated 
State unit to complete the individualized plan 
for employment within a specific period of time, 
not to exceed 60 days from the date of the deci-
sion, in addition to any other authority given to 
the officer under this section.’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (A), by striking 
‘‘choice of the’’ and all that follows and insert-
ing ‘‘choice of the eligible individual, consistent 
with the employment outcome of competitive in-
tegrated employment (except that in the case of 
an eligible individual who is a student, the de-
scription may be a description of the student’s 
projected employment outcome);’’; 
(B) in subparagraph (B)(i)— 
(i) by redesignating subclause (II) as 
subclause (III); and 
(ii) by striking subclause (I) and in-
serting the following: 
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‘‘(I) needed to achieve the employ-
ment outcome, including, as appropriate— 
‘‘(aa) the provision of assistive 
technology devices and assistive tech-
nology services (including referrals de-
scribed in section 103(a)(3) to the de-
vice reutilization programs and dem-
onstrations 
described 
in 
subpara-
graphs (B) and (D) of section 4(e)(2) 
of the Assistive Technology Act of 
1998 (29 U.S.C. 3003(e)(2))) through 
agreements developed under section 
101(a)(11)(H); and 
‘‘(bb) personal assistance services 
(including training in the management 
of such services); 
‘‘(II) in the case of a plan for an eligi-
ble individual that is a student, the specific 
transition services and supports (including 
work experience, mentoring activities, and 
supported employment) needed to achieve 
the student’s employment outcome or pro-
jected employment outcome; and’’; 
(C) in subparagraph (F), by striking 
‘‘and’’ at the end; 
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smartinez on DSK6TPTVN1PROD with BILLS
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(D) in subparagraph (G), by striking the 
period and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(H) for an individual who also is receiving 
assistance from an employment network under 
the Ticket to Work and Self-Sufficiency Pro-
gram established under section 1148 of the So-
cial Security Act (42 U.S.C. 1320b–19), a list 
of the services that are listed in the individual 
work plan that the individual developed with 
the employment network under subsection (g) 
of that section, and a description of how re-
sponsibility for service delivery will be divided 
between the employment network and the des-
ignated State unit in accordance with the agree-
ment between the two parties required under 
the Ticket to Work and Self-Sufficiency Pro-
gram.’’. 
(c) PROCEDURES.—Section 102(c) (29 U.S.C. 
722(c)) is amended— 
(1) in paragraph (1), by adding at the end the 
following: ‘‘These procedures also shall allow for the 
review of any delay in the vocational rehabilitation 
process.’’; 
(2) in paragraph (2)— 
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(A) in subparagraph (A)— 
(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) any applicable State limit on the 
time by which a request for mediation 
under paragraph (4) or a hearing under 
paragraph (5) shall be made, and any re-
quired procedure by which the request 
shall be made.’’; and 
(B) in subparagraph (B)(iii), by inserting 
‘‘the denial,’’ before ‘‘reduction,’’; and 
(3) in paragraph (5)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) OFFICER.—A due process hearing de-
scribed in paragraph (2) shall be conducted by 
an impartial hearing officer who, on reviewing 
all the evidence presented, shall issue a written 
decision based on the provisions of the approved 
State plan, requirements specified in this Act 
(including regulations implementing this Act), 
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and State regulations and policies that are con-
sistent with the Federal requirements specified 
in this title. The officer shall provide the writ-
ten decision to the applicant or eligible indi-
vidual, or, as appropriate, the applicant’s rep-
resentative or individual’s representative, and to 
the designated State unit. The impartial hear-
ing officer shall have the authority to render a 
decision and require actions, consistent with the 
requirements specified in this title (including 
regulations implementing this title), regarding 
all aspects of the applicant’s or eligible individ-
ual’s vocational rehabilitation services under 
this title.’’; and 
(B) in subparagraph (B), by striking ‘‘in 
laws (including regulations)’’ and inserting 
‘‘about Federal and State laws (including regu-
lations) and the approved State plan’’. 
SEC. 414. VOCATIONAL REHABILITATION SERVICES. 
Section 103 (29 U.S.C. 723) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (15) and insert-
ing the following: 
‘‘(15) transition services for students with dis-
abilities, that facilitate the transition from school to 
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postsecondary life, such as achievement of an em-
ployment outcome in competitive integrated employ-
ment, or pre-employment transition services de-
scribed in section 114;’’; 
(B) by redesignating paragraphs (17) and 
(18) as paragraphs (18) and (19), respectively; 
(C) by inserting after paragraph (16) the 
following: 
‘‘(17) customized employment services;’’; 
(D) in paragraph (18), as redesignated by 
subparagraph (C) of this paragraph, by striking 
the ‘‘and’’ at the end; 
(E) in paragraph (19), as redesignated by 
subparagraph (C) of this paragraph, by striking 
the period and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(20) mentoring services.’’; and 
(2) in subsection (b)— 
(A) in paragraph (2)(A), by striking the 
second sentence and inserting ‘‘Such programs 
shall be used to provide services that promote 
integration into the community and that result 
in competitive integrated employment, including 
supported employment and customized employ-
ment.’’; and 
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